    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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

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    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 13]]
    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 14]]
    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 15]]
    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 16]]
    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 17]]
    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 18]]
    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 19]]
    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 20]]
    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 21]]
    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 22]]
    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 23]]
    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 24]]
    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 25]]
    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 26]]
    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 27]]

    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 28]]

    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 29]]

    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 30]]

    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 31]]

    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 32]]

    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 33]]

    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 34]]

    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 35]]

    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 36]]

    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 37]]

    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 38]]

    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 39]]

    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 40]]

    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 41]]

    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 42]]

    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

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    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 44]]

    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 45]]

    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 46]]

    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;

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    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 48]]

    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 49]]

    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 50]]

    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 51]]

    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 52]]

    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 53]]

    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 54]]

    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 55]]

    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 56]]

    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 57]]

    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 58]]

    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 59]]

    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 60]]

    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 61]]

    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 62]]

    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 63]]

    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 64]]

    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 65]]

    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 66]]

    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 67]]

    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 68]]

    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 69]]

    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 70]]

    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 71]]

    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 72]]

    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 73]]

    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 74]]

    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 75]]

    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 76]]

    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 77]]

    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 78]]

    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 79]]

    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 80]]

    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 81]]

    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 82]]

    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 83]]

    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 84]]

    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 85]]

    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 86]]

    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 87]]

    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 88]]

    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 89]]

    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 90]]

    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 91]]

    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 92]]

    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 93]]

    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 94]]

    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 95]]

    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 96]]

    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 97]]

    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 98]]

    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 99]]

    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 100]]

    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 101]]

    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 102]]

    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 103]]

    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 104]]

    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 105]]

    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 106]]

    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 107]]

    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 108]]

    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 109]]

    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 110]]

    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 111]]

    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 112]]

    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 113]]

    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 114]]

    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 115]]

    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 116]]

    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]]

    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 118]]

    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 119]]

    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 120]]

    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 121]]

    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

    [[Page 122]]

    117 STAT. 122

    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.

    [[Page 123]]

    117 STAT. 123

    (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

    [[Page 124]]

    117 STAT. 124

    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.

    [[Page 125]]

    117 STAT. 125

    (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--

    [[Page 126]]

    117 STAT. 126

    (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

    [[Page 127]]

    117 STAT. 127

    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;

    [[Page 128]]

    117 STAT. 128

    (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

    [[Page 129]]

    117 STAT. 129

    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.

    [[Page 130]]

    117 STAT. 130

    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:

    [[Page 131]]

    117 STAT. 131

    (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 132]]

    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 133]]

    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 134]]

    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 135]]

    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 136]]

    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 137]]

    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 138]]

    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 139]]

    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 140]]

    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 141]]

    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 142]]

    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 143]]

    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 144]]

    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 145]]

    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 146]]

    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 147]]

    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 148]]

    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 149]]

    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 150]]

    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 151]]

    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 152]]

    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 153]]

    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 154]]

    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 155]]

    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 156]]

    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 157]]

    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 158]]

    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 159]]

    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 160]]

    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 161]]

    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 162]]

    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 163]]

    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 164]]

    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 165]]

    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 166]]

    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 167]]

    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 168]]

    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 169]]

    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 170]]

    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 171]]

    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 172]]

    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 173]]

    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 174]]

    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 175]]

    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 176]]

    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 177]]

    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 178]]

    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 179]]

    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 180]]

    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 181]]

    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 182]]

    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 183]]

    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 184]]

    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 185]]

    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 186]]

    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 187]]

    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 188]]

    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 189]]

    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 190]]

    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 191]]

    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 192]]

    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 193]]

    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 194]]

    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 195]]

    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 196]]

    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 197]]

    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 198]]

    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 199]]

    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 200]]

    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 201]]

    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 202]]
    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 203]]

    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

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    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 205]]

    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 206]]

    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 207]]

    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 208]]

    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 209]]

    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 210]]

    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 211]]

    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 212]]

    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 213]]

    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 214]]

    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 215]]

    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 216]]

    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 217]]

    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 218]]

    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 219]]

    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 220]]

    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 221]]

    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 222]]

    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 223]]

    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 224]]

    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 225]]

    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 226]]

    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 227]]

    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 228]]

    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 229]]

    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 230]]

    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 231]]

    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 232]]

    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 233]]

    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 234]]

    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 235]]

    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 236]]

    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 237]]

    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 238]]

    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 239]]

    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 240]]

    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 241]]

    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 242]]

    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 243]]

    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 244]]

    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 245]]

    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 246]]

    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 247]]

    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 248]]

    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 249]]

    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 250]]

    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 251]]

    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 252]]

    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 253]]

    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 254]]

    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 255]]

    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 256]]

    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 257]]

    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 258]]

    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 259]]

    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 260]]

    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 261]]

    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 262]]

    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 263]]

    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 264]]

    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 265]]

    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 266]]

    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 267]]

    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 268]]

    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 269]]

    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 270]]

    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 271]]

    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 272]]

    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

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    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 274]]

    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 275]]

    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 276]]

    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 277]]

    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 278]]

    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 279]]

    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 SHUR BIEN PRESERVATION TRUST AREA [NOTE: T'uf Shur Bien
    Preservation Trust Area Act. Native Americans. New Mexico. National
    Forest System. National Wilderness Preservation System.]

    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 280]]

    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 281]]

    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 282]]

    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 283]]

    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 284]]

    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 285]]

    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 286]]

    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 287]]

    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 288]]

    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 289]]

    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 290]]

    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 291]]

    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 292]]

    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 293]]

    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 294]]

    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 295]]

    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 296]]

    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 297]]

    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 298]]

    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 299]]

    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 300]]

    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 301]]

    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 302]]

    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 303]]

    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 304]]

    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 305]]

    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 306]]

    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 307]]

    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 308]]

    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 309]]

    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 310]]

    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 311]]

    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 312]]

    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 313]]

    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 314]]

    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 315]]

    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 316]]

    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 317]]

    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 318]]

    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 319]]

    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 320]]

    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 321]]

    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 322]]

    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 323]]

    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 324]]

    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 325]]

    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 326]]

    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

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    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 under
    the Fund for the Improvement of Education for this purpose were
    allocated and expended in fiscal year 2002: Provided further, That
    $162,000,000 shall be available to support the activities authorized
    under subpart 4 of part D of title V of the ESEA, of which up to 5
    percent shall become available October 1, 2002, for evaluation,
    technical assistance, school networking, peer review of applications,
    and program outreach activities and of which not less than 95 percent
    shall become available on July 1, 2003, and remain available through
    September 30, 2004, for grants to local educational agencies: Provided
    further, That funds made available

    [[Page 328]]

    117 STAT. 328

    to local educational agencies under this subpart shall be used only for
    activities related to establishing smaller learning communities in high
    schools: Provided further, That funds made available to carry out part C
    of title VII of the ESEA may be used for construction: Provided further,
    That funds made available to carry out part B of title VII of the ESEA
    may be used for construction, renovation and modernization of any
    elementary school, secondary school, or structure related to an
    elementary school or secondary school, run by the Department of
    Education of the State of Hawaii, that serves a predominantly Native
    Hawaiian student body: Provided further, That $387,000,000 shall be for
    subpart l of part A of title VI of the ESEA: Provided further, That no
    funds appropriated under this heading may be used to carry out section
    5494 under the Elementary and Secondary Education Act: Provided further,
    That $814,660,000 shall be available to carry out part D of title V of
    the ESEA: Provided further, That $212,160,000 of the funds for subpart
    l, part D of title V of the ESEA shall be available for the projects and
    in the amounts specified in the statement of the managers on the
    conference report accompanying this Act.

    indian education

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

    english language acquisition

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

    special education

    For carrying out the Individuals with Disabilities Education Act,
    $10,095,639,000, of which $4,135,233,000 shall become available for
    obligation on July 1, 2003, and shall remain available through September
    30, 2004, and of which $5,672,000,000 shall become available on October
    1, 2003, and shall remain available through September 30, 2004, for
    academic year 2003-2004: Provided, That $10,000,000 shall be for
    Recording for the Blind and Dyslexic to support the development,
    production, and circulation of recorded educational materials: Provided
    further, That $1,500,000 shall be for the recipient of funds provided by
    Public Law 105-78 under section 687(b)(2)(G) of the Act to provide
    information on diagnosis, intervention, and teaching strategies for
    children with disabilities: Provided further, That the amount for
    section 611(c) of the Act shall be equal to the amount available for
    that section in the Department of Education Appropriations Act, 2002,
    increased by the amount of inflation as specified in section
    611(f)(1)(B)(ii) of the Act: Provided further, That $7,715,000 of the
    funds for section 672 of the Act shall be available for the projects and
    in the amounts specified in the statement of the managers of the
    conference report accompanying this Act.

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    117 STAT. 329

    rehabilitation services and disability research

    For carrying out, to the extent not otherwise provided, the
    Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
    the Helen Keller National Center Act, $2,956,382,000, of which
    $1,000,000 shall be used to improve the quality of applied orthotic and
    prosthetic research and help meet the demand for provider services:
    Provided, That the funds provided for title I of the Assistive
    Technology Act of 1998 (``the AT Act'') shall be allocated
    notwithstanding section 105(b)(1) of the AT Act: Provided further, That
    section 101(f) of the AT Act shall not limit the award of an extension
    grant to 3 years: Provided further, That no State or outlying area
    awarded funds under section 101 shall receive less than the amount
    received in fiscal year 2002: Provided further, That $3,540,000 of the
    funds for section 303 of the Rehabilitation Act of 1973 shall be
    available for the projects and in the amounts specified in the statement
    of the managers on the conference report accompanying this Act.

    Special Institutions for Persons With Disabilities

    american printing house for the blind

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

    national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I and
    II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.),
    $54,050,000, of which $1,600,000 shall be for construction and shall
    remain available until expended: Provided, That from the total amount
    available, the Institute may at its discretion use funds for the
    endowment program as authorized under section 207.

    gallaudet university

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

    vocational and adult education

    For carrying out, to the extent not otherwise provided, the Carl D.
    Perkins Vocational and Applied Technology Education Act, and the Adult
    Education and Family Literacy Act, and title VIII-D of the Higher
    Education Act of 1965, as amended, and Public Law 102-73,
    $1,956,060,000, of which $1,158,060,000 shall become available on July
    1, 2003 and shall remain available through September 30, 2004 and of
    which $791,000,000 shall become available on October 1, 2003 and shall
    remain available through September 30, 2004: Provided, That
    notwithstanding any other provision of law or any regulation, the
    Secretary of Education shall not require the use of a restricted
    indirect cost rate for grants issued pursuant

    [[Page 330]]

    117 STAT. 330

    to section 117 of the Carl D. Perkins Vocational and Applied Technology
    Education Act: Provided further, That of the amount provided for Adult
    Education State Grants, $70,000,000 shall be made available for
    integrated English literacy and civics education services to immigrants
    and other limited English proficient populations: Provided further, That
    of the amount reserved for integrated English literacy and civics
    education, notwithstanding section 211 of the Adult Education and Family
    Literacy Act, 65 percent shall be allocated to States based on a State's
    absolute need as determined by calculating each State's share of a 10-
    year average of the Immigration and Naturalization Service data for
    immigrants admitted for legal permanent residence for the 10 most recent
    years, and 35 percent allocated to States that experienced growth as
    measured by the average of the 3 most recent years for which Immigration
    and Naturalization Service data for immigrants admitted for legal
    permanent residence are available, except that no State shall be
    allocated an amount less than $60,000: Provided further, That of the
    amounts made available for the Adult Education and Family Literacy Act,
    $9,500,000 shall be for national leadership activities under section 243
    and $6,560,000 shall be for the National Institute for Literacy under
    section 242: Provided further, That $23,500,000 shall be for Youth
    Offender Grants, of which $5,000,000 shall be used in accordance with
    section 601 of Public Law 102-73 as that section was in effect prior to
    the enactment of Public Law 105-220.

    student financial assistance

    For carrying out subparts 1, 3 and 4 of part A, section 428K, part C
    and part E of title IV of the Higher Education Act of 1965, as amended,
    $13,450,500,000, which shall remain available through September 30,
    2004.
    The [NOTE: 20 USC 1070a note.] maximum Pell Grant for which a
    student shall be eligible during award year 2003-2004 shall be $4,050.

    higher education

    For carrying out, to the extent not otherwise provided, section 121
    and titles II, III, IV, V, VI, and VII of the Higher Education Act of
    1965 (``HEA''), as amended, section 1543 of the Higher Education
    Amendments of 1992, title VIII of the Higher Education Amendments of
    1998, and the Mutual Educational and Cultural Exchange Act of 1961,
    $2,100,701,000, of which $3,000,000 for interest subsidies authorized by
    section 121 of the HEA, shall remain available until expended: Provided,
    That $10,000,000, to remain available through September 30, 2004, shall
    be available to fund fellowships for academic year 2004-2005 under part
    A, subpart 1 of title VII of said Act, under the terms and conditions of
    part A, subpart 1: Provided further, That $1,000,000 is for data
    collection and evaluation activities for programs under the HEA,
    including such activities needed to comply with the Government
    Performance and Results Act of 1993: Provided further, That
    notwithstanding any other provision of law, funds made available in this
    Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual
    Educational and Cultural Exchange Act of 1961 may be used to support
    visits and study in foreign countries by individuals who are
    participating in advanced foreign language training and international
    studies in areas that are vital to United

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    117 STAT. 331

    States national security and who plan to apply their language skills and
    knowledge of these countries in the fields of government, the
    professions, or international development: Provided further, That up to
    1 percent of the funds referred to in the preceding proviso may be used
    for program evaluation, national outreach, and information dissemination
    activities: Provided further, That $140,599,000 of the funds for part B
    of title VII of the Higher Education Act of 1965 shall be available for
    the projects and in the amounts specified in the statement of the
    managers on the conference report accompanying this Act.

    howard university

    For partial support of Howard University (20 U.S.C. 121 et seq.),
    $240,000,000, of which not less than $3,600,000 shall be for a matching
    endowment grant pursuant to the Howard University Endowment Act (Public
    Law 98-480) and shall remain available until expended.

    college housing and academic facilities loans program

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

    historically black college and university capital financing program
    account

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

    institute of education sciences

    For carrying out activities authorized by Public Law 107-279,
    $450,887,000: Provided, That of the amount appropriated, $140,000,000
    shall be available for obligation through September 30, 2004: Provided
    further, That $5,000,000 shall be available to extend for 1 additional
    year the contract for the Eisenhower National Clearinghouse for
    Mathematics and Science Education authorized under section 2102(a)(2) of
    the Elementary and Secondary Education Act of 1965, prior to its
    amendment by the No Child Left Behind Act of 2001, Public Law 107-110.

    Departmental Management

    program administration

    For carrying out, to the extent not otherwise provided, the
    Department of Education Organization Act, including rental of conference
    rooms in the District of Columbia and hire of three passenger motor
    vehicles, $412,545,000, of which $12,795,000, to

    [[Page 332]]

    117 STAT. 332

    remain available until expended, shall be for building alterations and
    related expenses for the modernization of the Mary E. Switzer Building
    in Washington, D.C.

    office for civil rights

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

    office of the inspector general

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

    student aid administration

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

    GENERAL PROVISIONS

    Sec. 301. [NOTE: Busing.] No funds appropriated in this Act may be
    used for the transportation of students or teachers (or for the purchase
    of equipment for such transportation) in order to overcome racial
    imbalance in any school or school system, or for the transportation of
    students or teachers (or for the purchase of equipment for such
    transportation) in order to carry out a plan of racial desegregation of
    any school or school system.

    Sec. 302. [NOTE: Busing.] None of the funds contained in this Act
    shall be used to require, directly or indirectly, the transportation of
    any student to a school other than the school which is nearest the
    student's home, except for a student requiring special education, to the
    school offering such special education, in order to comply with title VI
    of the Civil Rights Act of 1964. For the purpose of this section an
    indirect requirement of transportation of students includes the
    transportation of students to carry out a plan involving the
    reorganization of the grade structure of schools, the pairing of
    schools, or the clustering of schools, or any combination of grade
    restructuring, pairing or clustering. The prohibition described in this
    section does not include the establishment of magnet schools.

    Sec. 303. [NOTE: School prayer.] No funds appropriated under this
    Act may be used to prevent the implementation of programs of voluntary
    prayer and meditation in the public schools.

    (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended) which are appropriated for the Department of Education
    in this Act may be transferred between appropriations, but no such
    appropriation shall be increased by more than 3 percent by any
    such [NOTE: Notification.] transfer: Provided, That the Appropriations
    Committees of both Houses of Congress are notified at least 15 days in
    advance of any transfer.

    [[Page 333]]

    117 STAT. 333

    Sec. 305. Section 1202 of the Elementary and Secondary Education Act
    of 1965 [NOTE: 20 USC 6362.] is amended by inserting the following
    subsection at the end thereof:

    ``(g) Supplement, not Supplant.--A State or local educational agency
    shall use funds received under this subpart only to supplement the level
    of non-Federal funds that, in the absence of funds under this subpart,
    would be expended for activities authorized under this subpart, and not
    to supplant those non-Federal funds.''.
    This title may be cited as the ``Department of Education
    Appropriations Act, 2003''.

    TITLE IV--RELATED AGENCIES

    Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to
    operate and maintain the Armed Forces Retirement Home--Washington and
    the Armed Forces Retirement Home--Gulfport, to be paid from funds
    available in the Armed Forces Retirement Home Trust Fund, $68,013,000,
    of which $5,769,000 shall remain available until expended for
    construction and renovation of the physical plants at the Armed Forces
    Retirement Home--Washington and the Armed Forces Retirement Home--
    Gulfport: Provided, That, notwithstanding any other provision of law, a
    single contract or related contracts for development and construction,
    to include construction of a facility at the United States Naval Home,
    may be employed which collectively include the full scope of the
    project: Provided further, That the solicitation and contract shall
    contain the clause ``availability of funds'' found at 48 CFR 52.232-18
    and 252.232-7007, Limitation of Government Obligations.

    Corporation for National and Community Service

    domestic volunteer service programs, operating expenses

    For expenses necessary for the Corporation for National and
    Community Service to carry out the provisions of the Domestic Volunteer
    Service Act of 1973, as amended, $356,205,000: Provided, That none of
    the funds made available to the Corporation for National and Community
    Service in this Act shall be used to provide stipends or other monetary
    incentives to volunteers or volunteer leaders whose incomes exceed 125
    percent of the national poverty level.

    Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as
    authorized by the Communications Act of 1934, an amount which shall be
    available within limitations specified by that Act, for the fiscal year
    2005, $390,000,000: Provided, That no funds made available to the
    Corporation for Public Broadcasting by this Act shall be used to pay for
    receptions, parties, or similar forms of entertainment for Government
    officials or employees: Provided further, That none of the funds
    contained in this paragraph shall be available or used to aid or support
    any program or activity from which any person is excluded, or is denied
    benefits, or is discriminated against, on the basis of race, color,
    national origin, religion, or sex: Provided further, That for fiscal
    year 2003, in addition to

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    117 STAT. 334

    the amounts provided above, $48,744,000, for costs related to digital
    program production, development, and distribution, associated with the
    transition of public broadcasting to digital broadcasting, to be awarded
    as determined by the Corporation in consultation with public radio and
    television licensees or permittees, or their designated representatives:
    Provided further, That in addition to the funds provided under this
    heading in Public Law 106-554, $183,000 shall be available for
    administrative costs for fiscal year 2003, notwithstanding section
    396(k)(3)(A) of the Public Broadcasting Act.

    Federal Mediation and Conciliation Service

    salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation
    Service to carry out the functions vested in it by the Labor Management
    Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
    passenger motor vehicles; for expenses necessary for the Labor-
    Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
    necessary for the Service to carry out the functions vested in it by the
    Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
    $41,425,000, including $1,500,000, to remain available through September
    30, 2004, for activities authorized by the Labor-Management Cooperation
    Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
    3302, fees charged, up to full-cost recovery, for special training
    activities and other conflict resolution services and technical
    assistance, including those provided to foreign governments and
    international organizations, and for arbitration services shall be
    credited to and merged with this account, and shall remain available
    until expended: Provided further, That fees for arbitration services
    shall be available only for education, training, and professional
    development of the agency workforce: Provided further, That the Director
    of the Service is authorized to accept and use on behalf of the United
    States gifts of services and real, personal, or other property in the
    aid of any projects or functions within the Director's jurisdiction.

    Federal Mine Safety and Health Review Commission

    salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health Review
    Commission (30 U.S.C. 801 et seq.), $7,178,000.

    Institute of Museum and Library Services

    For carrying out the Museum and Library Services Act, $245,485,000,
    of which $10,000,000 shall remain available until expended for the
    Recruiting and Educating Librarians for the 21st Century Initiative:
    Provided, That of the amount provided, $25,000 shall be awarded to the
    Abington Art Center, Jenkintown, Pennsylvania, for a work-study program
    for at-risk junior and high school students, $100,000 shall be awarded
    to the Aleutian World War II Museum in Alaska for interactive media
    display, $75,000 shall be awarded to the Allentown Art Museum,
    Allentown, Pennsylvania, for educational programs for 25 school
    districts in 7 Pennsylvania counties, $25,000 shall be awarded to the
    Alley Pond Environmental

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    117 STAT. 335

    Center, Douglaston, New York, for environmental education programs,
    $500,000 shall be awarded to the American Village Project in Montevallo,
    Alabama, $100,000 shall be awarded to the Army Aviation Heritage
    Foundation in Ozark, Alabama, for educational programs, $175,000 shall
    be awarded to the Arts Council of New Orleans, $500,000 shall be awarded
    to the Asian Art Museum, San Francisco, California, for exhibits and
    education programs, $575,000 shall be awarded to the Berkshire Museum,
    Pittsfield, Massachusetts, for climate control systems to preserve
    collections, $400,000 shall be awarded to the Bishops Museum in
    Honolulu, Hawaii, $400,000 shall be awarded to the Boston Public Library
    Foundation, Boston, Massachusetts, for preservation and enhancement of
    the John Adams Presidential Library and for related educational
    programs, $250,000 shall be awarded to the Bowers Museum, City of Santa
    Ana, California, for education programs, publications and technology,
    $500,000 shall be awarded to the Brooklyn Children's Museum, Brooklyn,
    New York, for equipment and technology, exhibits and education programs,
    $100,000 shall be awarded to the Butler Area Public Library,
    Pennsylvania, for program enhancements, $275,000 shall be awarded to the
    California State University, San Marcos, California, to upgrade
    electronic catalog and to provide computer stations for the library,
    $175,000 shall be awarded to the Cape Cod Maritime Museum to develop
    exhibits and academic programs, $200,000 shall be awarded to the
    Carnegie Library of Pittsburgh, Pennsylvania, to purchase library
    materials and upgrade technology at the East Liberty Branch Library,
    $250,000 shall be awarded to the Carnegie Library, Union Springs,
    Alabama, for program development, $75,000 shall be awarded to the
    Chicago State University Gwendolyn Brooks Center to expand its
    repository of the literary works of Gwendolyn Brooks, $100,000 shall be
    awarded to the Chickasaw Cultural Center in Chickasaw, Oklahoma,
    $100,000 shall be awarded to the Children's Museum of Manhattan, New
    York, New York, to establish early childhood education programs and
    exhibits, $100,000 shall be awarded to the Children's Museum of
    Stockton, Stockton, California, for a Delta Region Exhibit, $100,000
    shall be awarded to the City of Abilene, Texas, for the collection and
    display of artifacts, and for exhibits at the Texas Forts Trail Museum,
    $50,000 shall be awarded to the City of Anatuvik Pass Museum in Alaska
    for museum exhibits, $200,000 shall be awarded to the City of Dallas,
    Texas, for the Dallas Public Library, to establish ``Teen Wise Centers''
    for at-risk youth, $150,000 shall be awarded to the Clark County
    Heritage Center, Springfield, Ohio, for technology upgrades and exhibit
    development, $250,000 shall be awarded to the Cleveland Health Museum,
    Ohio, for exhibits, $400,000 shall be awarded to the Commonwealth
    Zoological Corporation (Zoo New England), Boston, Massachusetts, for the
    ``Living Classroom'' science education program and for outreach,
    $800,000 shall be awarded to the Davenport Music History Museum in
    Davenport, Iowa, $300,000 shall be awarded to the Dayton Aviation
    Heritage National Historical Park in Ohio for education and cultural
    programs, $75,000 shall be awarded to the Delaware and Lehigh National
    Heritage Corridor, Easton, Pennsylvania, to establish a National Museum
    of Industrial History in Bethlehem, Pennsylvania, to display a
    repository of industrial machines, equipment and technology of the 19th
    and 20th centuries focusing on steel, $75,000 shall be awarded to the
    Delaware County Historical Society, Media,

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    117 STAT. 336

    Pennsylvania, to develop and expand educational programs highlighting
    historical themes and sites relating to the Delaware County, $2,200,000
    shall be awarded to the Discovery Center, Springfield, Missouri,
    $250,000 shall be awarded to the Downtown Chambersburg, Inc.,
    Pennsylvania, $50,000 shall be awarded to the Eleanor Roosevelt's Papers
    at George Washington University for related program development,
    $100,000 shall be awarded to the Exploris Museum, for the Global
    Awareness Program, including exhibits, a film program, and educational
    programs, $100,000 shall be awarded to the Fine Arts Museums of San
    Francisco to expand educational programming and technology improvements
    at the de Young Museum, $1,000,000 shall be awarded to the Florida
    International Museum, St. Petersburg, Florida, for the Centennial
    Russian Museum Exhibit, $200,000 shall be awarded to the Franklin
    Institute, Philadelphia, Pennsylvania, for exhibits, professional
    development and educational programming to students to explore
    bioscience and biotechnology, $200,000 shall be awarded to the Frederick
    C. Crawford Museum of Transportation Industry, Cleveland, Ohio, for
    educational programming, planning and exhibits, $900,000 shall be
    awarded to the Fresno Metropolitan Museum of Art, History and Science,
    Fresno, California, for technology, exhibits, educational and outreach
    programs, and to develop a science-based exhibition and learning center,
    $100,000 shall be awarded to the Gadsden Museum of Art in Alabama for
    museum programs, $278,000 shall be awarded to the George Eastman House,
    Rochester, New York, for the ``Picture Link'' project, $100,000 shall be
    awarded to the Georgia Hall of Fame at Museum of Aviation in Warner
    Robins, Georgia, for educational activities and programs, $62,000 shall
    be awarded to the Glendale Public Library, Glendale, California, for
    personnel, equipment and other expenses to implement the Homework
    AssisTeens program, $200,000 shall be awarded to the Hesperia Community
    Library, Hesperia, California, to purchase library materials and upgrade
    technology, $150,000 shall be awarded to the Historical Society of
    Western Pennsylvania, for exhibits in conjunction with the 250th
    anniversary of the French and Indian War, $250,000 shall be awarded to
    the Holmdel Township Library, Monmouth County, New Jersey, for
    technology equipment and upgrades, $25,000 shall be awarded to the
    Hudson Waterfront Museum, Brooklyn, New York, to expand exhibits,
    education, arts and outreach programs, $200,000 shall be awarded to the
    Huntsville Museum of Art, Huntsville, Alabama, for exhibits and
    educational programs, $50,000 shall be awarded to the Imaginarium
    Science Center in Anchorage, Alaska, to develop science exhibits and
    distance delivery modules, $150,000 shall be awarded to the Interboro
    Public Library, Pennsylvania, for library programs, $150,000 shall be
    awarded to the International Wolf Center, Minneapolis, Minnesota, for
    education, outreach, and teacher training programs, $300,000 shall be
    awarded to the Iowa Radio Reading Information Service (IRRIS), $150,000
    shall be awarded to the Italian-American Cultural Center of Iowa in Des
    Moines, Iowa, for exhibits, multi-media collections and displays,
    $500,000 shall be awarded to the Kendall County Forest Preserve
    District, Yorkville, Illinois, for the consolidation and preservation of
    the collection at the Old Barn Museum, $2,000,000 shall be awarded to
    the Kent State University, Kent, Ohio, for an Institute for Library and
    Information Literacy Education project, $50,000 shall be awarded to the
    Kodiak Maritime Museum in Alaska, $150,000

    [[Page 337]]

    117 STAT. 337

    shall be awarded to the Lafayette College, Easton, Pennsylvania, for
    technology updates to the Skillman Library, $375,000 shall be awarded to
    Leon County, Florida, for purchase of equipment and books for the Ft.
    Braden Branch Library, $300,000 shall be awarded to the Lewis and Clark
    College Bicentennial Hall in Portland, Oregon, for program and equipment
    support, $300,000 shall be awarded to the MacKay Library of Union
    County, Cranford, New Jersey, $75,000 shall be awarded to the Magic
    Library in Kirkwood, Missouri, for design and development of interactive
    exhibits and software, $50,000 shall be awarded to the Marion County
    Library, Marion, South Carolina, to establish a computer lab, $45,000
    shall be awarded to the McKinley Museum, Canton, Ohio, for equipment,
    $200,000 shall be awarded to the Mexic-Arte Museum, Austin, Texas,
    $250,000 shall be awarded to the Middletown Township Public Library,
    Monmouth County, New Jersey, for technology equipment and upgrades,
    $300,000 shall be awarded to the Monterey County Youth Museum, Monterey,
    California, for interactive mobile exhibits and educational programs,
    $250,000 shall be awarded to the Museum of African Art, New York, New
    York, for exhibits and educational programs, $750,000 shall be awarded
    to the National Baseball Hall of Fame and Museum, Cooperstown, New York,
    for educational outreach using baseball to teach students through
    distance learning technology, $300,000 shall be awarded to the National
    Civil War Museum, Harrisburg, Pennsylvania, to develop and enhance
    educational exhibits and programs for area K-12 schools focusing on
    United States Civil War history, $90,000 shall be awarded to the
    National Cowgirl Museum and Hall of Fame, Fort Worth, Texas, for
    creation of and equipment for an audio tour of the permanent exhibition,
    $325,000 shall be awarded to the National Liberty Museum, Philadelphia,
    Pennsylvania, to institute a teacher-training program which will assist
    educators in responding to classroom challenges and establish a pilot
    program to address violence in schools, $650,000 shall be awarded to the
    National Mississippi River Museum and Aquarium in Dubuque, Iowa,
    $1,500,000 shall be awarded to the National Museum of Women in the Arts,
    Washington, D.C., $775,000 shall be awarded to the Native American
    Cultural and Educational Authority, Oklahoma City, Oklahoma, for
    exhibits for the museum, $75,000 shall be awarded to the Natural History
    Museum of Los Angeles, California, for its ``Earth Odyssey''
    environmental science program, $350,000 shall be awarded to the Nevada
    State Historic Preservation Office, $500,000 shall be awarded to the New
    York Botanical Garden's Virtual Herbarium imaging project in Bronx, New
    York, $1,000,000 shall be awarded to the New York Hall of Science to
    develop, expand, and display science-related educational materials,
    $300,000 shall be awarded to the North Carolina State Museum of Natural
    Sciences, Raleigh, North Carolina, for development of environmental
    exhibits and educational programs, $250,000 shall be awarded to the
    North Dakota Lewis and Clark Bicentennial Foundation in Washburn, North
    Dakota, for exhibits and other interpretation, $250,000 shall be awarded
    to the Ogden Museum of Southern Art in New Orleans, Louisiana, $90,000
    shall be awarded to the Oneonta City Library, Blount County, Alabama,
    for books, internet, audiovisual and reading aids, $200,000 shall be
    awarded to the Orangevale Library, Sacramento, California, for
    evaluation and analysis of existing library service, program and
    facilities, $400,000

    [[Page 338]]

    117 STAT. 338

    shall be awarded to the Pennsylvania Trolley Museum for exhibit
    development and educational programs, $221,000 shall be awarded to the
    Pittsburgh Children's Museum, Pittsburgh, Pennsylvania, to develop and
    enhance educational exhibits and programs for area K-12 schools,
    $725,000 shall be awarded to the Please Touch Museum, Philadelphia,
    Pennsylvania, to develop educational programs focusing on hands-on
    learning experiences, $75,000 shall be awarded to Rivertownes,
    Pennsylvania, $350,000 shall be awarded to the Rock and Roll Hall of
    Fame and Museum, Cleveland, Ohio, for music education programs for at-
    risk youth, $250,000 shall be awarded to Rutgers, the State University
    of New Jersey, New Brunswick, New Jersey, to catalog, organize and
    preserve collections at the Carey Library, $500,000 shall be awarded to
    the San Bernardino County Museum, California, to develop the Inland
    Empire Archival Heritage Center and Web Module, $50,000 shall be awarded
    to the Schoharie Free Library in Schoharie County, New York, to purchase
    books and equipment, $155,000 shall be awarded to the Science Center of
    Pinellas County, Inc., St. Petersburg, Florida, for a planetarium
    project, $450,000 shall be awarded to the Shaker Museum and Library, Old
    Chatham, New York, $100,000 shall be awarded to the Simon Wiesenthal
    Center's Los Angeles Museum for Tolerance, Los Angeles, California, for
    the Tools for Tolerance for Educators program to provide teacher
    training in diversity, tolerance and cooperation, $150,000 shall be
    awarded to the Smith Robertson Museum in Jackson, Mississippi, for the
    development of exhibits regarding civil rights, $25,000 shall be awarded
    to the St. Paul Public Library, Minnesota, to expand its School Work and
    Mentoring Place Program and its Small Business Resource Center, $200,000
    shall be awarded to the Standing Bear Museum and Learning Center in
    Ponca City, Oklahoma, $75,000 shall be awarded to the State Historical
    Society of Iowa for Civil War flag restoration, $1,000,000 shall be
    awarded to the State Historical Society of Iowa in Des Moines, Iowa, for
    the development of exhibits for the World Food Prize, $100,000 shall be
    awarded to the State Theater of Easton, Easton, Pennsylvania, for
    technological infrastructure improvements and the development of
    educational programming, $125,000 shall be awarded to The International
    Storytelling Center in Jonesborough, Tennessee, $250,000 shall be
    awarded to The Museum of Science and Industry, Chicago, Illinois, for
    exhibits, education and outreach programs, $70,000 shall be awarded to
    the Tillamook County Library, Oregon, for modernization of library
    services, $200,000 shall be awarded to the Union City Public Library,
    New Jersey, for personnel, books and technology to improve library
    services for low-income individuals, $100,000 shall be awarded to the
    Union County Historical Society & Heritage Museum in Mississippi, for
    exhibit and program development, $400,000 shall be awarded to the
    University of Idaho for digital archiving, $200,000 shall be awarded to
    the University of Maine at Fort Kent to house the Acadian Archives which
    preserves, celebrates and disseminates information about the region's
    history, $400,000 shall be awarded to the Vietnam Archive Center, Texas
    Tech University, Lubbock, Texas, for digitization, $150,000 shall be
    awarded to the Virginia Living Museum for the expansion of its
    educational programs in its capital campaign project, $50,000 shall be
    awarded to the Wayne Art Center, Wayne, Pennsylvania, to develop
    programs in partnership with area K-12 schools for teacher training
    workshops and

    [[Page 339]]

    117 STAT. 339

    specialized workshops for students, $100,000 shall be awarded to the
    Westchester Library System, Ardsley, New York, for its digital divide
    online services project, $450,000 shall be awarded to the Whitney Museum
    of American Art to establish a touring exhibition program in Iowa,
    $300,000 shall be awarded to the Whittier Public Library, City of
    Whittier, California, to establish a children's homework center and
    family literacy center, $100,000 shall be awarded to the Willet Memorial
    Library in Macon, Georgia, for library enhancements, $150,000 shall be
    awarded to the Witte Museum of San Antonio, Texas, to develop the
    ``American Originals'' exhibit and educational programs, $100,000 shall
    be awarded to the Zimmer Children's Museum of Jewish Community Centers
    of Greater Los Angeles, Los Angeles, California, for the expansion of
    the YouThink program, $100,000 shall be awarded to the Zoological
    Society of Philadelphia, Pennsylvania, for educational programs for
    elementary and secondary students, and $500,000 shall be awarded to the
    St. Louis Children's Museum, St. Louis, Missouri, for a collaborative
    project with the St. Louis Public Library to create interactive exhibits
    and educational programs.

    Medicare Payment Advisory Commission

    salaries and expenses

    For expenses necessary to carry out section 1805 of the Social
    Security Act, $8,585,000, to be transferred to this appropriation from
    the Federal Hospital Insurance and the Federal Supplementary Medical
    Insurance Trust Funds.

    National Commission on Libraries and Information Science

    salaries and expenses

    For necessary expenses for the National Commission on Libraries and
    Information Science, established by the Act of July 20, 1970 (Public Law
    91-345, as amended), $1,010,000.

    National Council on Disability

    salaries and expenses

    For expenses necessary for the National Council on Disability as
    authorized by title IV of the Rehabilitation Act of 1973, as amended,
    $2,858,000.

    National Labor Relations Board

    salaries and expenses

    For expenses necessary for the National Labor Relations Board to
    carry out the functions vested in it by the Labor-Management Relations
    Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $238,982,000:
    Provided, That no part of this appropriation shall be available to
    organize or assist in organizing agricultural laborers or used in
    connection with investigations, hearings, directives, or orders
    concerning bargaining units composed of agricultural laborers as
    referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
    and as amended by the Labor-Management Relations Act, 1947, as amended,
    and as defined in section 3(f) of

    [[Page 340]]

    117 STAT. 340

    the Act of June 25, 1938 (29 U.S.C. 203), and including in said
    definition employees engaged in the maintenance and operation of
    ditches, canals, reservoirs, and waterways when maintained or operated
    on a mutual, nonprofit basis and at least 95 percent of the water stored
    or supplied thereby is used for farming purposes.

    National Mediation Board

    salaries and expenses

    For expenses necessary to carry out the provisions of the Railway
    Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
    appointed by the President, $11,315,000.

    Occupational Safety and Health Review Commission

    salaries and expenses

    For expenses necessary for the Occupational Safety and Health Review
    Commission (29 U.S.C. 661), $9,673,000.

    Railroad Retirement Board

    dual benefits payments account

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

    federal payments to the railroad retirement accounts

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

    limitation on administration

    For necessary expenses for the Railroad Retirement Board for
    administration of the Railroad Retirement Act and the Railroad
    Unemployment Insurance Act, $100,000,000, to be derived in such amounts
    as determined by the Board from the railroad retirement accounts and
    from moneys credited to the railroad unemployment insurance
    administration fund.

    limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for
    audit, investigatory and review activities, as authorized by the
    Inspector General Act of 1978, as amended, not more than $6,363,000, to
    be derived from the railroad retirement accounts

    [[Page 341]]

    117 STAT. 341

    and railroad unemployment insurance account: Provided, That none of the
    funds made available in any other paragraph of this Act may be
    transferred to the Office; used to carry out any such transfer; used to
    provide any office space, equipment, office supplies, communications
    facilities or services, maintenance services, or administrative services
    for the Office; used to pay any salary, benefit, or award for any
    personnel of the Office; used to pay any other operating expense of the
    Office; or used to reimburse the Office for any service provided, or
    expense incurred, by the Office.

    Social Security Administration

    payments to social security trust funds

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

    special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act
    of 1977, $300,177,000, to remain available until expended.
    For making, after July 31 of the current fiscal year, benefit
    payments to individuals under title IV of the Federal Mine Safety and
    Health Act of 1977, for costs incurred in the current fiscal year, such
    amounts as may be necessary.
    For making benefit payments under title IV of the Federal Mine
    Safety and Health Act of 1977 for the first quarter of fiscal year 2004,
    $97,000,000, to remain available until expended.

    supplemental security income program

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

    limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor
    vehicles, and not to exceed $20,000 for official reception and
    representation expenses, not more than $7,825,000,000 may be expended,
    as authorized by section 201(g)(1) of the Social Security Act, from any
    one or all of the trust funds referred to therein: Provided, That not
    less than $1,800,000 shall be for the Social Security Advisory Board:
    Provided further, That unobligated

    [[Page 342]]

    117 STAT. 342

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

    office of inspector general

    (including transfer of funds)

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

    United States Institute of Peace

    operating expenses

    For necessary expenses of the United States Institute of Peace as
    authorized in the United States Institute of Peace Act, $16,362,000.

    [[Page 343]]

    117 STAT. 343

    TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act: Provided, That such transferred balances are used
    for the same purpose, and for the same periods of time, for which they
    were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
    Sec. 503. (a) [NOTE: Lobbying.] No part of any appropriation
    contained in this Act shall be used, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, for the preparation, distribution, or use of any
    kit, pamphlet, booklet, publication, radio, television, or video
    presentation designed to support or defeat legislation pending before
    the Congress or any State legislature, except in presentation to the
    Congress or any State legislature itself.

    (b) No part of any appropriation contained in this Act shall be used
    to pay the salary or expenses of any grant or contract recipient, or
    agent acting for such recipient, related to any activity designed to
    influence legislation or appropriations pending before the Congress or
    any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to
    make available not to exceed $28,000 and $20,000, respectively, from
    funds available for salaries and expenses under titles I and III,
    respectively, for official reception and representation expenses; the
    Director of the Federal Mediation and Conciliation Service is authorized
    to make available for official reception and representation expenses not
    to exceed $5,000 from the funds available for ``Salaries and expenses,
    Federal Mediation and Conciliation Service''; and the Chairman of the
    National Mediation Board is authorized to make available for official
    reception and representation expenses not to exceed $5,000 from funds
    available for ``Salaries and expenses, National Mediation Board''.
    Sec. 505. [NOTE: Needle exchange.] Notwithstanding any other
    provision of this Act, no funds appropriated under this Act shall be
    used to carry out any program of distributing sterile needles or
    syringes for the hypodermic injection of any illegal drug.

    Sec. 506. (a) It is the sense of the Congress that, to the greatest
    extent practicable, all equipment and products purchased with funds made
    available in this Act should be American-made.
    (b) In providing financial assistance to, or entering into any
    contract with, any entity using funds made available in this Act, the
    head of each Federal agency, to the greatest extent practicable, shall
    provide to such entity a notice describing the statement made in
    subsection (a) by the Congress.
    (c) If it has been finally determined by a court or Federal agency
    that any person intentionally affixed a label bearing a ``Made in
    America'' inscription, or any inscription with the same meaning, to any
    product sold in or shipped to the United States that is not made in the
    United States, the person shall be ineligible to receive any contract or
    subcontract made with funds made available in this Act, pursuant to the
    debarment, suspension, and ineligibility procedures described in
    sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

    [[Page 344]]

    117 STAT. 344

    Sec. 507. When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this Act, including but not limited
    to State and local governments and recipients of Federal research
    grants, shall clearly state: (1) the percentage of the total costs of
    the program or project which will be financed with Federal money; (2)
    the dollar amount of Federal funds for the project or program; and (3)
    percentage and dollar amount of the total costs of the project or
    program that will be financed by non-governmental sources.
    Sec. 508. (a) [NOTE: Abortion.] None of the funds appropriated
    under this Act, and none of the funds in any trust fund to which funds
    are appropriated under this Act, shall be expended for any abortion.

    (b) None of the funds appropriated under this Act, and none of the
    funds in any trust fund to which funds are appropriated under this Act,
    shall be expended for health benefits coverage that includes coverage of
    abortion.
    (c) The term ``health benefits coverage'' means the package of
    services covered by a managed care provider or organization pursuant to
    a contract or other arrangement.
    Sec. 509. (a) The limitations established in the preceding section
    shall not apply to an abortion--
    (1) if the pregnancy is the result of an act of rape or
    incest; or
    (2) in the case where a woman suffers from a physical
    disorder, physical injury, or physical illness, including a
    life-endangering physical condition caused by or arising from
    the pregnancy itself, that would, as certified by a physician,
    place the woman in danger of death unless an abortion is
    performed.

    (b) Nothing in the preceding section shall be construed as
    prohibiting the expenditure by a State, locality, entity, or private
    person of State, local, or private funds (other than a State's or
    locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as
    restricting the ability of any managed care provider from offering
    abortion coverage or the ability of a State or locality to contract
    separately with such a provider for such coverage with State funds
    (other than a State's or locality's contribution of Medicaid matching
    funds).
    Sec. 510. (a) [NOTE: Embryos.] None of the funds made available in
    this Act may be used for--
    (1) the creation of a human embryo or embryos for research
    purposes; or
    (2) research in which a human embryo or embryos are
    destroyed, discarded, or knowingly subjected to risk of injury
    or death greater than that allowed for research on fetuses in
    utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public
    Health Service Act (42 U.S.C. 289g(b)).

    (b) For purposes of this section, the term ``human embryo or
    embryos'' includes any organism, not protected as a human subject under
    45 CFR 46 as of the date of the enactment of this Act, that is derived
    by fertilization, parthenogenesis, cloning, or any other means from one
    or more human gametes or human diploid cells.
    Sec. 511. (a) [NOTE: Drugs and drug abuse.] None of the funds made
    available in this Act may be used for any activity that promotes the
    legalization of

    [[Page 345]]

    117 STAT. 345

    any drug or other substance included in schedule I of the schedules of
    controlled substances established by section 202 of the Controlled
    Substances Act (21 U.S.C. 812).

    (b) The limitation in subsection (a) shall not apply when there is
    significant medical evidence of a therapeutic advantage to the use of
    such drug or other substance or that federally sponsored clinical trials
    are being conducted to determine therapeutic advantage.
    Sec. 512. None of the funds made available in this Act may be
    obligated or expended to enter into or renew a contract with an entity
    if--
    (1) such entity is otherwise a contractor with the United
    States and is subject to the requirement in section 4212(d) of
    title 38, United States Code, regarding submission of an annual
    report to the Secretary of Labor concerning employment of
    certain veterans; and
    (2) such entity has not submitted a report as required by
    that section for the most recent year for which such requirement
    was applicable to such entity.

    Sec. 513. None of the funds made available in this Act may be used
    to promulgate or adopt any final standard under section 1173(b) of the
    Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
    for the assignment of, a unique health identifier for an individual
    (except in an individual's capacity as an employer or a health care
    provider), until legislation is enacted specifically approving the
    standard.
    Sec. 514. 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. 515. Section 1708 of the United States Institute of Peace Act
    (22 U.S.C. 4607) is amended in subsection (g), by striking ``on or
    before December 31, 1970''.
    This division may be cited as the ``Departments of Labor, Health and
    Human Services, and Education, and Related Agencies Appropriations Act,
    2003''.

    DIVISION H--LEGISLATIVE [NOTE: Legislative Branch Appropriations Act,
    2003.] BRANCH APPROPRIATIONS, 2003

    Joint Resolution

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

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

    [[Page 346]]

    117 STAT. 346

    TITLE [NOTE: 2 USC 60a note.] I--LEGISLATIVE BRANCH APPROPRIATIONS

    SENATE

    Payment to Widows and Heirs of Deceased Members of Congress

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

    Expense Allowances

    For expense allowances of the Vice President, $20,000; the President
    Pro Tempore of the Senate, $20,000; Majority Leader of the Senate,
    $20,000; Minority Leader of the Senate, $20,000; Majority Whip of the
    Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro
    Tempore emeritus, $7,500; Chairmen of the Majority and Minority
    Conference Committees, $5,000 for each Chairman; and Chairmen of the
    Majority and Minority Policy Committees, $5,000 for each Chairman; in
    all, $127,500.

    Representation Allowances for the Majority and Minority Leaders

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

    Salaries, Officers and Employees

    For compensation of officers, employees, and others as authorized by
    law, including agency contributions, $117,041,000, which shall be paid
    from this appropriation without regard to the following limitations:

    office of the vice president

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

    office of the president pro tempore

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

    office of the president pro tempore emeritus

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

    offices of the majority and minority leaders

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

    offices of the majority and minority whips

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

    [[Page 347]]

    117 STAT. 347

    committee on appropriations

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

    conference committees

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

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

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

    policy committees

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

    office of the chaplain

    For Office of the Chaplain, $315,000.

    office of the secretary

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

    office of the sergeant at arms and doorkeeper

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

    offices of the secretaries for the majority and minority

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

    agency contributions and related expenses

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

    Office of the Legislative Counsel of the Senate

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

    Office of Senate Legal Counsel

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

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

    For expense allowances of the Secretary of the Senate, $3,000;
    Sergeant at Arms and Doorkeeper of the Senate, $3,000; Secretary

    [[Page 348]]

    117 STAT. 348

    for the Majority of the Senate, $3,000; Secretary for the Minority of
    the Senate, $3,000; in all, $12,000.

    Contingent Expenses of the Senate

    inquiries and investigations

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

    expenses of the united states senate caucus on international narcotics
    control

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

    secretary of the senate

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

    sergeant at arms and doorkeeper of the senate

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

    miscellaneous items

    For miscellaneous items, $18,355,500, of which up to $500,000 shall
    be made available for a pilot program for mailings of postal patron
    postcards by Senators for the purpose of providing notice of a town
    meeting by a Senator in a county (or equivalent unit of local
    government) with a population of less than 250,000 and at which the
    Senator will personally attend: Provided, That any amount allocated to a
    Senator for such mailing shall not exceed 50 percent of the cost of the
    mailing and the remaining cost shall be paid by the Senator from other
    funds available to the Senator: Provided further,
    That [NOTE: Deadline. Reports.] not later than October 31, 2003, the
    Sergeant at Arms and Doorkeeper of the Senate shall submit a report to
    the Committee on Rules and Administration and Committee on
    Appropriations of the Senate on the results of the program.

    senators' official personnel and office expense account

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

    official mail costs

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

    administrative provisions

    Section 1. (a) Section 111 of title 3, United States Code, is
    amended by striking ``$10,000'' and inserting ``$20,000''.

    [[Page 349]]

    117 STAT. 349

    (b) The matter under the subheading ``expense allowances of the vice
    president, president pro tempore, majority and minority leaders and
    majority and minority whips'' under the heading ``LEGISLATIVE BRANCH''
    under chapter VI of title I of the Second Supplemental Appropriations
    Act, 1978 (Public Law 95-355; 92 Stat. 532) is amended--
    (1) in the second sentence (2 U.S.C. 31a-1) (relating to the
    Majority and Minority Leaders of the Senate) by striking
    ``$10,000'' and inserting ``$20,000''; and
    (2) in the third sentence (2 U.S.C. 32b) (relating to the
    President pro tempore) by striking ``$10,000'' and inserting
    ``$20,000''.

    (c) The matter under the subheading ``expense allowances of the vice
    president, the president pro tempore, majority and minority leaders, and
    majority and minority whips'' under the heading ``LEGISLATIVE BRANCH''
    under chapter IX of title I of the Supplemental Appropriations Act, 1983
    (2 U.S.C. 31a-1; Public Law 98-63; 97 Stat. 333) (relating to the
    Majority and Minority Whips) is amended by striking ``not exceed
    $5,000'' and inserting ``not exceed $10,000''.
    (d) The matter under the subheading ``Expense Allowances of the Vice
    President, the President pro tempore, Majority and Minority Leaders, the
    Majority and Minority Whips, and the Chairmen of the Majority and
    Minority Conference Committees'' under the heading ``LEGISLATIVE
    BRANCH'' under chapter IX of title I of the Supplemental Appropriations
    Act, 1985 (2 U.S.C. 31a-3; Public Law 99-88; 99 Stat. 348) (relating to
    the Chairmen of the Majority and Minority Conference Committees) is
    amended by striking ``not exceed $3,000'' and inserting ``not exceed
    $5,000''.
    (e) Section 5 of title I of the Legislative Branch Appropriations
    Act, 2001, as enacted into law by section 1(a) of Public Law 106-554 (2
    U.S.C. 31a-4; 114 Stat. 2763A-97) (relating to the Chairmen of the
    Majority and Minority Policy Committees) is amended by striking
    ``$3,000'' and inserting ``$5,000''.
    (f) [NOTE: Applicability. 2 USC 31a-1 note.] The amendments made
    by this section shall apply to fiscal year 2003 and each fiscal year
    thereafter.

    Sec. 2. (a) The matter under the subheading ``stationery (revolving
    fund)'' under the heading ``Contingent Expenses of the Senate'' under
    the heading ``LEGISLATIVE BRANCH'' under chapter VII of title I of the
    Second Supplemental Appropriations Act, 1975 (2 U.S.C. 46a; Public Law
    94-32; 89 Stat. 182) is amended by striking ``$4,500'' and inserting
    ``$8,000''.
    (b) [NOTE: Applicability. 2 USC 46a note.] The amendment made by
    this section shall apply to fiscal year 2003 and each fiscal year
    thereafter.

    Sec. 3. [NOTE: Effective date. 2 USC 61-1 note.] Effective on and
    after October 1, 2002, each of the dollar amounts contained in the table
    under section 105(d)(1)(A) of the Legislative Branch Appropriations Act,
    1968 (2 U.S.C. 61-1(d)(1)(A)) shall be deemed to be the dollar amounts
    in that table, as adjusted by law and in effect on September 30, 2002,
    increased by an additional $50,000 each.

    Sec. 4. Public Safety Exception to Inscriptions Requirement on
    Mobile Offices. (a) In General.--Section 3(f)(3) under the subheading
    ``administrative provisions'' under the heading ``SENATE'' in the
    Legislative Branch Appropriation Act, 1975 (2 U.S.C. 59(f)(3)) is
    amended by adding at the end the following flush sentence:

    [[Page 350]]

    117 STAT. 350

    ``The Committee on Rules and Administration of the Senate may prescribe
    regulations to waive or modify the requirement under subparagraph (B) if
    such waiver or modification is necessary to provide for the public
    safety of a Senator and the Senator's staff and constituents.''.
    (b) Effective Date.--The [NOTE: Applicability. 2 USC 59
    note.] amendment made by this section shall take effect on the date of
    enactment of this Act and apply to fiscal year 2003 and each fiscal year
    thereafter.

    Sec. 5. Multi-year [NOTE: Regulations. 41 USC 253l-5.] Contracting
    Authority. (a) Subject to regulations prescribed by the Committee on
    Rules and Administration of the Senate, the Secretary and the Sergeant
    at Arms and Doorkeeper of the Senate may--
    (1) enter into contracts for the acquisition of severable
    services for a period that begins in one fiscal year and ends in
    the next fiscal year to the same extent and under the same
    conditions as the head of an executive agency under the
    authority of section 303L of the Federal Property and
    Administrative Services Act of 1949 (41 U.S.C. 253l); and
    (2) enter into multiyear contracts for the acquisition of
    property and services to the same extent and under the same
    conditions as the head of an executive agency under the
    authority of section 304B of the Federal Property and
    Administrative Services Act of 1949 (41 U.S.C. 254c).

    (b) [NOTE: Effective date. Applicability.] This section shall take
    effect on October 1, 2002, and shall apply in fiscal year 2003 and
    successive fiscal years.

    Sec. 6. Consultants. (a) In General.--Section 101 of the
    Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6) is amended--
    (1) in subsection (a), in the first sentence by striking
    ``six individual consultants'' and inserting ``eight individual
    consultants''; and
    (2) by adding at the end the following:

    ``(C) Each appointing authority under subsection (a) may designate
    the title of the position of any individual appointed under that
    subsection.''.
    (b) Effective Date.--This [NOTE: Applicability. 2 USC 61h-6
    note.] section shall apply to fiscal year 2003 and each fiscal year
    thereafter.

    Sec. [NOTE: 2 USC 32b note.] 7. Office of the President Pro
    Tempore Emeritus of the Senate. (a) Establishment.--There is established
    the Office of the President pro tempore emeritus of the Senate.

    (b) Designation.--Any Member of the Senate who--
    (1) is designated by the Senate as the President pro tempore
    emeritus of the United States Senate; and
    (2) is serving as a Member of the Senate,

    shall be the President pro tempore emeritus of the United States Senate.
    (c) Appointment and Compensation of Employees.--The President pro
    tempore emeritus is authorized to appoint and fix the compensation of
    such employees as the President pro tempore emeritus determines
    appropriate.
    (d) Expense Allowance.--There is authorized an expense allowance for
    the President pro tempore emeritus which shall not exceed $7,500 each
    fiscal year. The President pro tempore emeritus may receive the expense
    allowance: (1) as reimbursement for actual expenses incurred upon
    certification and documentation of such expenses by the President pro
    tempore emeritus; or (2) in equal monthly payments. Such amounts paid to
    the President pro tempore

    [[Page 351]]

    117 STAT. 351

    emeritus as reimbursement of actual expenses incurred upon certification
    and documentation under this subsection, shall not be reported as
    income, and the expenses so reimbursed shall not be allowed as a
    deduction under the Internal Revenue Code of 1986.
    (e) Effective Date.--This [NOTE: Applicability.] section shall
    take effect on the date of enactment of this Act and shall apply only
    with respect to the 108th Congress.

    Sec. 8. Administration of Across-the-Board Reduction. In the
    administration of section 601 of title VI of division N of this Act,
    with respect to the budget authority provided under the heading
    ``Senate'' under this title--
    (1) the percentage rescission under subsection (a) of that
    section shall apply to the total amount of all funds
    appropriated under that heading; and
    (2) the rescission may be applied without regard to
    subsection (b) of that section.

    HOUSE OF REPRESENTATIVES

    Salaries and Expenses

    For salaries and expenses of the House of Representatives,
    $956,086,000, as follows:

    house leadership offices

    For salaries and expenses, as authorized by law, $16,530,000,
    including: Office of the Speaker, $1,979,000, including $25,000 for
    official expenses of the Speaker; Office of the Majority Floor Leader,
    $1,899,000, including $10,000 for official expenses of the Majority
    Leader; Office of the Minority Floor Leader, $2,309,000, including
    $10,000 for official expenses of the Minority Leader; Office of the
    Majority Whip, including the Chief Deputy Majority Whip, $1,624,000,
    including $5,000 for official expenses of the Majority Whip; Office of
    the Minority Whip, including the Chief Deputy Minority Whip, $1,214,000,
    including $5,000 for official expenses of the Minority Whip; Speaker's
    Office for Legislative Floor Activities, $446,000; Republican Steering
    Committee, $834,000; Republican Conference, $1,397,000; Democratic
    Steering and Policy Committee, $1,490,000; Democratic Caucus, $741,000;
    nine minority employees, $1,337,000; training and program development--
    majority, $290,000; training and program development--minority,
    $290,000; Cloakroom Personnel--majority, $340,000; and Cloakroom
    Personnel--minority, $340,000.

    Members' Representational Allowances

    Including Members' Clerk Hire, Official Expenses of Members, and
    Official Mail

    For Members' representational allowances, including Members' clerk
    hire, official expenses, and official mail, $476,536,000.

    [[Page 352]]

    117 STAT. 352

    Committee Employees

    Standing Committees, Special and Select

    For salaries and expenses of standing committees, special and
    select, authorized by House resolutions, $103,421,000: Provided, That
    such amount shall remain available for such salaries and expenses until
    December 31, 2004.

    Committee on Appropriations

    For salaries and expenses of the Committee on Appropriations,
    $24,200,000, including studies and examinations of executive agencies
    and temporary personal services for such committee, to be expended in
    accordance with section 202(b) of the Legislative Reorganization Act of
    1946 and to be available for reimbursement to agencies for services
    performed: Provided, That such amount shall remain available for such
    salaries and expenses until December 31, 2004.

    Salaries, Officers and Employees

    For compensation and expenses of officers and employees, as
    authorized by law, $152,027,000, including: for salaries and expenses of
    the Office of the Clerk, including not more than $13,000, of which not
    more than $10,000 is for the Family Room, for official representation
    and reception expenses, $20,032,000, of which $2,500,000 shall remain
    available until expended; for salaries and expenses of the Office of the
    Sergeant at Arms, including the position of Superintendent of Garages,
    and including not more than $3,000 for official representation and
    reception expenses, $5,097,000; for salaries and expenses of the Office
    of the Chief Administrative Officer, $105,363,000, of which $7,693,000
    shall remain available until expended; for salaries and expenses of the
    Office of the Inspector General, $3,947,000; for salaries and expenses
    of the Office of Emergency Planning, Preparedness and Operations,
    $6,000,000, to remain available until expended; for salaries and
    expenses of the Office of General Counsel, $894,000; for the Office of
    the Chaplain, $149,000; for salaries and expenses of the Office of the
    Parliamentarian, including the Parliamentarian and $2,000 for preparing
    the Digest of Rules, $1,464,000; for salaries and expenses of the Office
    of the Law Revision Counsel of the House, $2,168,000; for salaries and
    expenses of the Office of the Legislative Counsel of the House,
    $5,852,000; for salaries and expenses of the Corrections Calendar
    Office, $915,000; and for other authorized employees, $146,000:
    Provided, That of the amounts provided under this heading to the Office
    of the Chief Administrative Officer, up to $660,000 may be transferred
    to the Office of the Architect of the Capitol, subject to the approval
    of the Committee on Appropriations of the House of Representatives.

    allowances and expenses

    For allowances and expenses as authorized by House resolution or
    law, $183,372,000, including: supplies, materials, administrative costs
    and Federal tort claims, $3,384,000; official mail for committees,
    leadership offices, and administrative offices of the House, $410,000;
    Government contributions for health, retirement, Social

    [[Page 353]]

    117 STAT. 353

    Security, and other applicable employee benefits, $178,888,000; and
    miscellaneous items including purchase, exchange, maintenance, repair
    and operation of House motor vehicles, interparliamentary receptions,
    and gratuities to heirs of deceased employees of the House, $690,000.

    child care center

    For salaries and expenses of the House of Representatives Child Care
    Center, such amounts as are deposited in the account established by
    section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (40
    U.S.C. 184g(d)(1)), subject to the level specified in the budget of the
    Center, as submitted to the Committee on Appropriations of the House of
    Representatives.

    Administrative Provisions

    Sec. 101. (a) Requiring Amounts Remaining in Members'
    Representational Allowances To Be Used for Deficit Reduction or To
    Reduce the Federal Debt.--Notwithstanding any other provision of law,
    any amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
    Salaries and Expenses--Members' Representational Allowances'' shall be
    available only for fiscal year 2003. Any amount remaining after all
    payments are made under such allowances for fiscal year 2003 shall be
    deposited in the Treasury and used for deficit reduction (or, if there
    is no Federal budget deficit after all such payments have been made, for
    reducing the Federal debt, in such manner as the Secretary of the
    Treasury considers appropriate).
    (b) Regulations.--The Committee on House Administration of the House
    of Representatives shall have authority to prescribe regulations to
    carry out this section.
    (c) Definition.--As used in this section, the term ``Member of the
    House of Representatives'' means a Representative in, or a Delegate or
    Resident Commissioner to, the Congress.
    Sec. 102. [NOTE: 2 USC 112g.] (a) There is hereby established in
    the Treasury of the United States a revolving fund for the House of
    Representatives to be known as the Net Expenses of Equipment Revolving
    Fund (hereafter in this section referred to as the ``Revolving Fund''),
    consisting of funds deposited by the Chief Administrative Officer of the
    House of Representatives from amounts provided by offices of the House
    of Representatives to purchase, lease, obtain, and maintain the
    equipment located in such offices, and amounts provided by Members of
    the House of Representatives (including Delegates and Resident
    Commissioners to the Congress) to purchase, lease, obtain, and maintain
    furniture for their district offices.

    (b) Amounts in the Revolving Fund shall be used by the Chief
    Administrative Officer without fiscal year limitation to purchase,
    lease, obtain, and maintain equipment for offices of the House of
    Representatives and furniture for the district offices of Members of the
    House of Representatives (including Delegates and Resident Commissioners
    to the Congress).
    (c) The Revolving Fund shall be treated as a category of allowances
    and expenses for purposes of section 101(a) of the Legislative Branch
    Appropriations Act, 1993 (2 U.S.C. 95b(a)).
    (d) [NOTE: Applicability.] This section shall apply with respect
    to fiscal year 2003 and each succeeding fiscal year, except that for
    purposes of making deposits into the Revolving Fund under subsection
    (a), the Chief

    [[Page 354]]

    117 STAT. 354

    Administrative Officer may deposit amounts provided by offices of the
    House of Representatives during fiscal year 2002 or any succeeding
    fiscal year.

    Sec. 103. [NOTE: Effective date. 2 USC 117l.] Effective with
    respect to fiscal year 2003 and each succeeding fiscal year, any amount
    received by House Information Resources from any office of the House of
    Representatives as reimbursement for services provided shall be
    deposited in the Treasury for credit to the account of the Office of the
    Chief Administrative Officer of the House of Representatives.

    Sec. 104. [NOTE: 41 USC 6a-3.] Section 3709 of the Revised
    Statutes of the United States (41 U.S.C. 5) does not apply to purchases
    and contracts for supplies or services for any office of the House of
    Representatives in any fiscal year.

    Sec. 105. [NOTE: 2 USC 60c-6.] (a) Establishment.--The Chief
    Administrative Officer shall establish a program under which an
    employing office of the House of Representatives may agree to repay (by
    direct payment on behalf of the employee) any student loan previously
    taken out by an employee of the office. For purposes of this section, a
    Member of the House of Representatives (including a Delegate or Resident
    Commissioner to the Congress) shall not be considered to be an employee
    of the House of Representatives.

    (b) Regulations.--The Committee on House Administration shall
    promulgate such regulations as may be necessary to carry out the program
    under this section.
    (c) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out the program
    under this section during fiscal year 2003 and each succeeding fiscal
    year.

    program to increase employment opportunities in house of representatives
    for individuals with disabilities

    Sec. 106. [NOTE: 2 USC 130j.] (a) In General.--In order to promote
    an increase in opportunities for individuals with disabilities to
    provide services to the House of Representatives, the Chief
    Administrative Officer of the House of Representatives is authorized
    to--
    (1) enter into 1 or more contracts with nongovernmental
    entities to provide for the performance of services for offices
    of the House of Representatives by individuals with disabilities
    who are employees of, or under contract with, such entities; and
    (2) provide reasonable accommodations, including assistive
    technology devices and assistive technology services, to enable
    such individuals to perform such services under such contracts.

    (b) Elements of Program.--The Chief Administrative Officer of the
    House of Representatives, in entering into any contract under subsection
    (a), shall seek to ensure that--
    (1) traditional and nontraditional outreach efforts are used
    to attract individuals with disabilities for educational benefit
    and employment opportunities in the House;
    (2) the non-governmental entity provides adequate education
    and training for individuals with disabilities to enhance such
    employment opportunities; and
    (3) efforts are made to educate employing offices in the
    House about opportunities to employ individuals with
    disabilities.

    (c) Funding.--There are authorized to be appropriated from the
    applicable accounts of the House of Representatives $500,000

    [[Page 355]]

    117 STAT. 355

    to carry out this section for each of the fiscal years 2003 through
    2007.
    Sec. 107. [NOTE: 2 USC 130k.] (a) At any time on or after the date
    of the enactment of this Act, the Chief Administrative Officer of the
    House of Representatives may incur obligations and make expenditures out
    of available appropriations for meals, refreshments, and other support
    and maintenance for Members, officers, and employees of the House of
    Representatives when, in the judgment of the Chief Administrative
    Officer, such obligations and expenditures are necessary to respond to
    emergencies involving the safety of human life or the protection of
    property.

    (b) Nothing in this section may be construed to affect any other
    authority of the Chief Administrative Officer to incur obligations and
    make expenditures for the items and services described in subsection (a)
    for Members, officers, and employees of the House of Representatives.
    Sec. 108. (a) Section 312(d) of the Legislative Branch
    Appropriations Act, 1992 (2 U.S.C. 2112(d)), [NOTE: 2 USC 2062.] is
    amended--
    (1) in paragraph (1), by striking ``paragraph (2)'' and
    inserting ``paragraphs (2) and (3)''; and
    (2) by adding at the end the following new paragraph:

    ``(3) The House of Representatives shall make payments from amounts
    provided in appropriations acts for salaries and expenses of the Office
    of the Chief Administrative Officer for the following activities carried
    out under this section:
    ``(A) The payment of the salary of the director of the
    center.
    ``(B) The reimbursement of individuals employed by the
    center for the cost of training classes and conferences in
    connection with the provision of child care services, together
    with the cost of travel (including transportation and
    subsistence) incurred in connection with such classes and
    conferences.''.

    (b) [NOTE: Applicability. 2 USC 2062 note.] The amendment made by
    subsection (a) shall apply with respect to fiscal year 2003 and each
    succeeding fiscal year.

    Sec. 109. (a) Section 101 of the Legislative Branch Appropriations
    Act, 1993 (2 U.S.C. 95b) is amended by striking ``upon approval of the
    Committee on Appropriations of the House of Representatives'' each place
    it appears and inserting the following: ``effective upon the expiration
    of the 21-day period (or such alternative period that may be imposed by
    the Committee on Appropriations of the House of Representatives) which
    begins on the date such Committee has been notified of the transfer''.
    (b) [NOTE: Applicability. 2 USC 95b note.] The amendment made by
    subsection (a) shall apply with respect to fiscal year 2003 and each
    succeeding fiscal year.

    Sec. 110. (a) Section 202(b)(5) of the 21st Century Department of
    Justice Appropriations Authorization Act (Public Law 107-273; 116 Stat.
    1775) [NOTE: 2 USC 130f.] is amended to read as follows:
    ``(5) Section 101(b) of the Legislative Branch
    Appropriations Act, 2000 (2 U.S.C. 130f(b)) is amended by
    striking `with respect to any proceeding' and all that follows
    and inserting `as required by section 530D of title 28, United
    States Code.'.''.

    (b) Section 712(b) of the Ethics in Government Act of 1978 (2 U.S.C.
    288k(b)), as amended by section 202(b)(2) of the 21st Century Department
    of Justice Appropriations Authorization Act, is amended by inserting ``,
    United States Code'' after ``title 28''.
    (c) [NOTE: Effective date. 2 USC 130f note.] The amendments made
    by this section shall take effect as if included in the enactment of the
    21st Century Department of Justice Appropriations Authorization Act.

    [[Page 356]]

    117 STAT. 356

    JOINT ITEMS

    For Joint Committees, as follows:

    Joint Economic Committee

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

    Joint Committee on Taxation

    For salaries and expenses of the Joint Committee on Taxation,
    $7,643,000, to be disbursed by the Chief Administrative Officer of the
    House.
    For other joint items, as follows:

    Office of the Attending Physician

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

    Capitol Guide Service and Special Services Office

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

    Statements of Appropriations

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

    [[Page 357]]

    117 STAT. 357

    CAPITOL POLICE

    Salaries

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

    General Expenses

    For necessary expenses of the Capitol Police, including motor
    vehicles, communications and other equipment, security equipment and
    installation, uniforms, weapons, supplies, materials, training, medical
    services, forensic services, stenographic services, personal and
    professional services, the employee assistance program, the awards
    program, postage, communication services, travel advances, relocation of
    instructor and liaison personnel for the Federal Law Enforcement
    Training Center, and not more than $5,000 to be expended on the
    certification of the Chief of the Capitol Police in connection with
    official representation and reception expenses, $28,100,000, of which
    $1,400,000 shall remain available until expended, to be disbursed by the
    Chief of the Capitol Police or his designee: Provided, That,
    notwithstanding any other provision of law, the cost of basic training
    for the Capitol Police at the Federal Law Enforcement Training Center
    for fiscal year 2003 shall be paid by the Secretary of Homeland Security
    from funds available to the Department of Homeland Security.

    Administrative Provisions

    (including transfer of funds)

    Sec. 1001. Transfer Authority.--Amounts appropriated for fiscal year
    2003 for the Capitol Police may be transferred between the headings
    ``salaries'' and ``general expenses'' upon the approval of the
    Committees on Appropriations of the Senate and the House of
    Representatives.
    Sec. 1002. Capitol [NOTE: 41 USC 253l-6.] Police Contract
    Authority. (a) In General.--The United States Capitol Police may--
    (1) enter into contracts for the acquisition of severable
    services for a period that begins in 1 fiscal year and ends in
    the next fiscal year to the same extent as the head of an
    executive agency under the authority of section 303L of the
    Federal Property and Administrative Services Act of 1949 (41
    U.S.C. 253l); and
    (2) enter into multiyear contracts for the acquisitions of
    property and nonaudit-related services to the same extent as
    executive agencies under the authority of section 304B of the
    Federal Property and Administrative Services Act of 1949 (41
    U.S.C. 254c).

    (b) Effective Date.--This [NOTE: Applicability.] section shall
    apply to fiscal year 2003 and each fiscal year thereafter.

    Sec. 1003. Disposal [NOTE: 2 USC 1906.] of Surplus Property. (a)
    In General.--Within the limits of available appropriations, the Capitol
    Police may dispose of surplus or obsolete property of the Capitol Police

    [[Page 358]]

    117 STAT. 358

    by interagency transfer, donation, sale, trade-in, or other appropriate
    method.

    (b) Amounts Received.--Any amounts received by the Capitol Police
    from the disposition of property under subsection (a) shall be credited
    to the account established for the general expenses of the Capitol
    Police, and shall be available to carry out the purposes of such account
    during the fiscal year in which the amounts are received and the
    following fiscal year.
    (c) Effective Date.--This [NOTE: Applicability.] section shall
    apply to fiscal year 2003 and each fiscal year thereafter.

    Sec. 1004. Recruitment and Relocation Bonuses. Section 909 of the
    Emergency Supplemental Act, 2002 (Public Law 107-117; 115 Stat.
    2320) [NOTE: 2 USC 1927.] is amended--
    (1) in subsection (a)--
    (A) in paragraph (1), by striking ``the Board
    determines that the Capitol Police would be likely, in
    the absence of such a bonus, to encounter difficulty in
    filling the position'' and inserting ``the Chief, in the
    Chief's sole discretion, determines that such a bonus
    will assist the Capitol Police in recruitment efforts'';
    and
    (B) by adding at the end the following:
    ``(6) Determination not appealable or reviewable.--Any
    determination of the Chief under this subsection shall not be
    appealable or reviewable in any manner.'';
    (2) by striking subsections (e) and (f)(2); and
    (3) by redesignating subsections (f) and (g) as subsections
    (e) and (f), respectively.

    Sec. 1005. Recruitment of Individuals Without Regard to Age. (a) In
    General.--The Chief of the Capitol Police shall carry out any activities
    and programs to recruit individuals to serve as members of the Capitol
    Police without regard to the age of the individuals.
    (b) Rule of Construction.--Nothing in this subsection may be
    construed to affect any provision of law of any rule or regulation
    providing for the mandatory separation of members of the Capitol Police
    on the basis of age, or any provision of law or any rule or regulation
    regarding the calculation of retirement or other benefits for members of
    the Capitol Police.
    Sec. 1006. Retention Allowances. Section 909(b) of the Emergency
    Supplemental Act, 2002 (Public Law 107-117; 115 Stat. 2320) is amended--
    (1) in paragraph (1)--
    (A) by striking subparagraphs (A) and (B); and
    (B) by striking ``if--'' and inserting ``if the
    Chief, in the Chief's sole discretion, determines that
    such a bonus will assist the Capitol Police in retention
    efforts.''; and
    (2) in paragraph (3), by striking ``the reduction or the
    elimination of a retention allowance may not be appealed'' and
    inserting ``any determination of the Chief under this
    subsection, or the reduction or elimination of a retention
    allowance, shall not be appealable or reviewable in any
    manner''.

    Sec. 1007. Educational Assistance Program. Section 908 of the
    Emergency Supplemental Act, 2002 (2 U.S.C. 1924; Public Law 107-117; 115
    Stat. 2319) [NOTE: 2 USC 1926.] is amended to read as follows:

    [[Page 359]]

    117 STAT. 359

    ``educational assistance program for employees

    ``Sec. 908. (a) Establishment.--In order to recruit or retain
    qualified personnel, the Chief of the Capitol Police may establish an
    educational assistance program for employees of the Capitol Police under
    which the Capitol Police may agree--
    ``(1) to repay (by direct payments on behalf of the
    participating employee) all or any portion of a student loan
    previously taken out by the employee;
    ``(2) to make direct payments to an educational institution
    on behalf of a participating employee or to reimburse a
    participating employee for all or any portion of any tuition or
    related educational expenses paid by the employee.

    ``(b) Special Rules For Student Loan Repayments.--
    ``(1) Application of regulations under executive branch
    program.--In carrying out subsection (a)(1), the Chief of the
    Capitol Police may, by regulation, make applicable such
    provisions of section 5379 of title 5, United States Code, as
    the Chief determines necessary to provide for such program.
    ``(2) Restrictions on prior reimbursements.--The Capitol
    Police may not reimburse any individual under subsection (a)(1)
    for any repayments made by the individual prior to entering into
    an agreement with the Capitol Police to participate in the
    program under this section.
    ``(3) Use of recovered amounts.--Any amount repaid by, or
    recovered from, an individual under subsection (a)(1) and its
    implementing regulations shall be credited to the appropriation
    account available for salaries or general expenses of the
    Capitol Police at the time of repayment or recovery. Such
    credited amount may be used for any authorized purpose of the
    account and shall remain available until expended.

    ``(c) Limit on Amount of Payments.--The total amount paid by the
    Capitol Police with respect to any individual under the program under
    this section may not exceed $40,000.
    ``(d) No Review of Determinations.--Any determination made under the
    program under this section shall not be reviewable or appealable in any
    manner.
    ``(e) Effective Date.--This [NOTE: Applicability.] section shall
    apply with respect to fiscal year 2003 and each succeeding fiscal
    year.''.

    Sec. 1008. Applicable [NOTE: 2 USC 1930.] Pay Rate Upon
    Appointment. (a) In General.--Notwithstanding any other provision of
    law, the rate of basic pay payable to an individual upon appointment to
    a position with the Capitol Police shall be at a rate within the minimum
    and maximum pay rates applicable to the position.

    (b) Effective Date.--This [NOTE: Applicability.] section shall
    apply to fiscal year 2003 and each fiscal year thereafter.

    Sec. 1009. Overtime Compensation For Officers at Rank of Lieutenant
    or Higher. (a) In General.--The Chief of the Capitol Police may provide
    for the compensation of overtime work of officers of the Capitol Police
    at the rank of lieutenant and higher. Nothing in this subsection may be
    construed to affect the compensation of overtime work of officers of the
    Capitol Police at any rank not described in the previous sentence.
    (b) Terms and Conditions.--In providing for the compensation of
    overtime work under this section, the Chief shall provide the
    compensation in the same manner and subject to the same terms and
    conditions which are applicable to the compensation of overtime

    [[Page 360]]

    117 STAT. 360

    work of officers and members of the United States Secret Service
    Uniformed Division and the United States Park Police who serve at the
    rank of lieutenant and higher, in accordance with section 1 of the Act
    entitled ``An Act to provide a 5-day week for officers and members of
    the Metropolitan Police force, the United States Park Police force, and
    the White House Police force, and for other purposes'', approved August
    15, 1950 (sec. 5-1304, D.C. Official Code).
    Sec. 1010. Training Programs For Personnel. (a) In General.--Chapter
    41 of title 5, United States Code, is amended by adding at the end the
    following new section:

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

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

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

    Sec. 1011. Additional [NOTE: 2 USC 1931.] Compensation for
    Employees With Specialty Assignments and Proficiencies. (a)
    Establishment of Positions.--The Chief of the Capitol Police may
    establish and determine, from time to time, positions in salary classes
    of employees of the Capitol Police to be designated as employees with
    specialty assignments or proficiencies, based on the experience,
    education, training, or other appropriate factors required to carry out
    the duties of such employees.

    (b) Additional Compensation.--In addition to the regularly scheduled
    rate of basic pay, each employee holding a position designated under
    this section shall receive an amount determined by the Chief, except
    that--
    (1) such amount may not exceed 25 percent of the employee's
    annual rate of basic pay; and
    (2) such amount may not be paid in a calendar year to the
    extent that, when added to the total basic pay paid or payable
    to such employee for service performed in the year, such amount
    would cause the total to exceed the annual rate of basic pay
    payable for level II of the Executive Schedule, as of the end of
    such year.

    (c) Manner of Payment.--The additional compensation authorized by
    this subsection shall be paid to an employee in a manner determined by
    the Chief or his designee except when the employee ceases to be assigned
    to the specialty assignment or ceases to maintain the required
    proficiency. The loss of such additional compensation shall not
    constitute an adverse action for any purpose.
    (d) Determination Not Appealable or Reviewable.--Any determination
    under section (a) shall not be appealable or reviewable in any manner.

    [[Page 361]]

    117 STAT. 361

    Sec. 1012. Application [NOTE: 2 USC 1932.] of Premium Pay Limits
    on Annualized Basis. (a) In General.--Any limits on the amount of
    premium pay which may be earned by officers and members of the Capitol
    Police during emergencies (as determined by the Capitol Police Board)
    shall be applied by the Chief of the Capitol Police on an annual basis
    and not on a pay period basis. Any determination under this subsection
    shall not be reviewable or appealable in any manner.

    (b) Effective Date.--Subsection [NOTE: Applicability.] (a) shall
    apply with respect to hours of duty occurring on or after September 11,
    2001.

    Sec. 1013. (a) Subsection (c) of the first section of Public Law 96-
    152 (2 U.S.C. 1902) is amended to read as follows:
    ``(c) The annual rate of pay for the Chief of the Capitol Police
    shall be the amount equal to $1,000 less than the lower of the annual
    rate of pay in effect for the Sergeant-at-Arms of the House of
    Representatives or the annual rate of pay in effect for the Sergeant-at-
    Arms and Doorkeeper of the Senate.''.
    (b) Section 907(b) of the Emergency Supplemental Act, 2002 (2 U.S.C.
    1901 note) is amended to read as follows:
    ``(b) The annual rate of pay for the Assistant Chief of the Capitol
    Police shall be the amount equal to $1,000 less than the annual rate of
    pay in effect for the Chief of the Capitol Police.''.
    (c) Section 108(a)(4) of the Legislative Branch Appropriations Act,
    2001 (2 U.S.C. 1903(a)(4)) is amended to read as follows:
    ``(4) The annual rate of pay for the Chief Administrative
    Officer shall be the amount equal to $1,000 less than the annual
    rate of pay in effect for the Chief of the Capitol Police.''.

    (d) [NOTE: Applicability. 2 USC 1902 note.] The amendments made by
    this section shall apply with respect to the first pay period beginning
    on or after the date of the enactment of this Act.

    Sec. 1014. [NOTE: 2 USC 1901 note.] (a) Capitol Police Board;
    Composition; Redefining Mission.--
    (1) Purpose.--The purpose of the Capitol Police Board is to
    oversee and support the Capitol Police in its mission and to
    advance coordination between the Capitol Police and the Sergeant
    at Arms of the House of Representatives and the Sergeant at Arms
    and Doorkeeper of the Senate, in their law enforcement
    capacities, and the Congress. Consistent with this purpose, the
    Capitol Police Board shall establish general goals and
    objectives covering its major functions and operations to
    improve the efficiency and effectiveness of its operations.
    (2) Composition.--The Capitol Police Board shall consist of
    the Sergeant at Arms of the House of Representatives, the
    Sergeant at Arms and Doorkeeper of the Senate, the Chief of the
    Capitol Police, and the Architect of the Capitol. The Chief of
    Capitol Police shall serve in an ex-officio capacity and be a
    non-voting member of the Board.

    (b) Initial [NOTE: Deadline.] Review and Report.--Not later than
    180 days after the date of the enactment of this Act, the Capitol Police
    Board shall--
    (1) examine the mission of the Capitol Police Board and,
    based on that analysis, redefine the Capitol Police Board's
    mission, mission-related processes, and administrative
    processes;
    (2) conduct an assessment of the effectiveness and
    usefulness of its statutory functions in contributing to the
    Capitol Police Board's ability to carry out its mission and meet
    its

    [[Page 362]]

    117 STAT. 362

    goals, including an explanation of the reasons for any
    determination that the statutory functions are appropriate and
    advisable in terms of its purpose, mission, and long-term goals;
    and
    (3) submit to the Speaker and minority leader of the House
    of Representatives and the President pro tempore and minority
    leader of the Senate a report on the results of its examination
    and assessment, including recommendations for any legislation
    that the Capitol Police Board considers appropriate and
    necessary.

    (c) Executive Assistant.--
    (1) Establishment.--There shall be established in the
    Capitol Police an Executive Assistant for the Capitol Police
    Board to act as a central point for communication and enhance
    the overall effectiveness and efficiency of the Capitol Police
    Board's administrative activities.
    (2) Appointment.--The Executive Assistant shall be appointed
    by the Chief of the Capitol Police in consultation with the
    Sergeant at Arms of the House of Representatives and the
    Sergeant at Arms and Doorkeeper of the Senate.
    (3) Duties.--The Executive Assistant shall be assigned to,
    and report to, the Chairman of the Board. The Executive
    Assistant shall assist the Capitol Police Board in developing,
    documenting, and implementing a clearly defined process for
    additional tasks assigned to the Capitol Police Board under this
    section, and shall perform any additional duties assigned by the
    Capitol Police Board.

    (d) Documentation.--
    (1) Functions and processes.--The Capitol Police Board shall
    document its functions and processes, including its mission
    statement, policies, directives, and operating procedures
    established or revised under subsection (a)(1) or (b), and make
    such documentation available for examination to the Speaker and
    minority leader of the House of Representatives, the President
    pro tempore and minority leader of the Senate, the Chief of the
    Capitol Police, and the Comptroller General.
    (2) Meetings.--The Capitol Police Board shall document Board
    meetings and make the documentation available for distribution
    to the Speaker and minority leader of the House of
    Representatives and the President pro tempore and minority
    leader of the Senate.

    (e) Assistance of Comptroller General.--Upon request, the
    Comptroller General shall provide assistance to the Capitol Police Board
    in carrying out its responsibilities under this subsection.
    (f) References in Law; Effect on Other Laws.--(1) Any reference in
    any law or resolution in effect as of the date of the enactment of this
    Act to the ``Capitol Police Board'' shall be deemed to refer to the
    Capitol Police Board as composed under subsection (a)(2).
    (2) Nothing in this section shall be construed to affect the
    jurisdiction, powers, or prerogatives of the Capitol Police Board or its
    individual members unless specifically provided herein.
    Sec. 1015. Transfer [NOTE: 2 USC 1901 note.] of Library of
    Congress Police to the United States Capitol Police. (a) Transfer of
    Library of Congress Police to the United States Capitol Police.--
    (1) Transfer of personnel and functions.--There are
    transferred to the United States Capitol Police--

    [[Page 363]]

    117 STAT. 363

    (A) each Library of Congress Police employee; and
    (B) any functions performed under the first section
    of the Act of August 4, 1950 (2 U.S.C. 167) and section
    9 of that Act (2 U.S.C. 167h) (as in effect immediately
    before the effective date of this section).
    (2) Effect on personnel.--
    (A) Annual and sick leave.--Any annual or sick leave
    to the credit of an individual transferred under
    paragraph (1) shall be transferred to the credit of that
    individual as an employee of the United States Capitol
    Police.
    (B) Service performed for retirement purposes.--For
    those Library of Congress Police employees transferred
    under paragraph (1)(A), any period of service performed
    by a Library of Congress Police employee shall be deemed
    to be service performed as a member of the United States
    Capitol Police for purposes of chapters 83 and 84 of
    title 5, United States Code.
    (C) Vacancies.--Notwithstanding any other provision
    of law, upon the date of enactment of this section and
    until completion of the transfer under paragraph (1),
    vacancies in Library of Congress police employee
    positions, if filled, shall be filled in accordance with
    the employment standards of the United States Capitol
    Police, to the extent practicable as determined by the
    Chief of the Capitol Police.
    (3) Effective date of transfer of personnel and functions.--
    Library of Congress employees transferred to the United States
    Capitol Police under paragraph (1)(A), and Library of Congress
    functions transferred under paragraph (1)(B) shall be
    transferred to the United States Capitol Police upon approval of
    the Committees on Appropriations of the House and Senate and the
    appropriate authorizing committees.

    (b) Transition.--
    (1) Implementation plan.--
    (A) Plan.--Not [NOTE: Deadline.] later than 180
    days after the date of enactment of this section, the
    Chief of the Capitol Police shall prepare and submit to
    the appropriate committees of Congress for approval, and
    to the Capitol Police Board and the Librarian of
    Congress, a plan--
    (i) describing the policies and procedures,
    and actions the Chief of the Capitol Police will
    take in implementing the transfer provisions under
    this section;
    (ii) establishing dates by which Library of
    Congress personnel and functions authorized to be
    transferred under subsection (a)(1) shall be
    transferred to the United States Capitol Police;
    (iii) in consultation with the Librarian of
    Congress, providing for the performance of law
    enforcement and protection functions relating to
    the buildings and grounds of the Library of
    Congress, including collections security, within
    the overall security responsibilities of the
    United States Capitol Police;
    (iv) recommending legislative changes needed
    to implement the transfers under subsection
    (a)(1), including--

    [[Page 364]]

    117 STAT. 364

    (I) identifying options for
    addressing how to apply United States
    Capitol Police retirement provisions to
    such transferred personnel;
    (II) identifying options related to
    providing voluntary separation
    incentives to transferred personnel; and
    (III) identifying options to ensure
    the Librarian of Congress maintains
    appropriate authority to execute his
    security responsibilities;
    (v) detailing the mechanisms to be used by the
    Chief of the Capitol Police for ensuring that
    Library of Congress employees transferred to the
    United States Capitol Police under subsection
    (a)(1) are not adversely affected by the transfer
    with respect to pay;
    (vi) addressing--
    (I) how United States Capitol Police
    training and qualification requirements
    will be applied to Library of Congress
    employees transferred under subsection
    (a)(1); and
    (II) the overall training needs of
    the merged police force; and
    (vii) providing an analysis of the cost
    implications of implementing the plan.
    (2) Implementation report.--Not [NOTE: Deadline.] later
    than 1 year after the date of enactment of this section, and
    annually thereafter until the transfer is fully implemented, the
    Chief of the Capitol Police shall prepare and submit a report to
    the appropriate committees of Congress, the Capitol Police
    Board, and the Librarian of Congress, on the Chief of the
    Capitol Police's progress in implementing the plan required in
    paragraph (1)(A) of this subsection, including any adjustments
    to cost estimates or legislative changes needed to implement the
    provisions of this section.

    (c) Definitions.--In this section--
    (1) the term ``Act of August 4, 1950'' means the Act
    entitled ``An Act relating to the policing of the buildings and
    grounds of the Library of Congress'', approved August 4, 1950 (2
    U.S.C. 167 et seq.); and
    (2) the term ``Library of Congress Police employee''--
    (A) means an employee of the Library of Congress
    designated as police under the first section of the Act
    of August 4, 1950 (2 U.S.C. 167) (as in effect
    immediately before the effective date of this section);
    and
    (B) does not include any civilian employee
    performing police support functions.

    (d) Effective Date.--Except as otherwise provided in this section,
    this section shall take effect on the date of enactment of this section.
    Sec. 1016. Clarification of Authority of Capitol Police to Police
    Botanic Garden. (a) Buildings.--Section 5101 of title 40, United States
    Code, is amended by inserting ``all buildings on the real property
    described under section 5102(c) (including the Administrative Building
    of the United States Botanic Garden),'' after ``Capitol Power Plant,''.
    (b) Grounds.--Section 5102 of title 40, United States Code, is
    amended by adding at the end the following:

    [[Page 365]]

    117 STAT. 365

    ``(c) National Garden of the United States Botanic Garden.--
    ``(1) In general.--Except as provided under paragraph (2),
    the United States Capitol Grounds shall include--
    ``(A) the National Garden of the United States
    Botanic Garden;
    ``(B) all grounds contiguous to the Administrative
    Building of the United States Botanic Garden, including
    Bartholdi Park; and
    ``(C) all grounds bounded by the curblines of First
    Street, Southwest on the east; Washington Avenue,
    Southwest to its intersection with Independence Avenue,
    and Independence Avenue from such intersection to its
    intersection with Third Street, Southwest on the south;
    Third Street, Southwest on the west; and Maryland
    Avenue, Southwest on the north.
    ``(2) Maintenance and improvements.--Notwithstanding
    subsections (a) and (b), jurisdiction and control over the
    buildings on the grounds described in paragraph (1) shall be
    retained by the Joint Committee on the Library, and the Joint
    Committee on the Library shall continue to be solely responsible
    for the maintenance and improvement of the grounds described in
    such paragraph.
    ``(3) Authority not limited.--Nothing in this subsection
    shall limit the authority of the Architect of the Capitol under
    section 307E of the Legislative Branch Appropriations Act, 1989
    (40 U.S.C. 216c).''.

    (c) Technical and Conforming Amendment.--Section 9(a) of the Act of
    July 31, 1946 (2 U.S.C. 1961(a)) is amended by striking ``sections 193a
    to 193m, 212a, 212a-2, and 212b of this title and regulations
    promulgated under section 212b of this title,'' and inserting ``this Act
    (and regulations promulgated under section 14 of this Act (2 U.S.C.
    1969)), and chapter 51 of title 40, United States Code,''.
    (d) Effective Date.--The [NOTE: Applicability. 2 USC 1961
    note.] amendments made by this subsection shall apply to fiscal year
    2003 and each fiscal year thereafter.

    Sec. 1017. Capitol [NOTE: 2 USC 1974.] Police Special Officers.
    (a) In General.--In the event of an emergency, as determined by the
    Capitol Police Board or in a concurrent resolution of Congress, the
    Chief of the Capitol Police may appoint--
    (1) any law enforcement officer from any Federal agency or
    State or local government agency made available by that agency
    to serve as a special officer of the Capitol Police within the
    authorities of the Capitol Police in policing the Capitol
    buildings and grounds; and
    (2) any member of the uniformed services, including members
    of the National Guard, made available by the appropriate
    authority to serve as a special officer of the Capitol Police
    within the authorities of the Capitol Police in policing the
    Capitol buildings and grounds.

    (b) Conditions of Appointment.--An individual appointed as a special
    officer under this section shall--
    (1) serve without pay for service performed as a special
    officer (other than pay received from the applicable employing
    agency or service);

    [[Page0366 ]]

    117 STAT. 366

    (2) serve as a special officer no longer than a period
    specified at the time of appointment;
    (3) not be a Federal employee by reason of service as a
    special officer, except as provided under paragraph (4); and
    (4) shall be an employee of the Government for purposes of
    chapter 171 of title 28, United States Code, if that individual
    is acting within the scope of his office or employment in
    service as a special officer.

    (c) Qualifications.--Any individual appointed under subsection (a)
    shall be subject to--
    (1) qualification requirements as the Chief of the Capitol
    Police determines necessary; and
    (2) approval by the Capitol Police Board.

    (d) Reimbursement Agreements.--Nothing in this section shall
    prohibit the Capitol Police from entering into an agreement for the
    reimbursement of services provided under this section with any Federal,
    State, or local agency.
    (e) Any appointment under this section shall be subject to initial
    approval by the Capitol Police Board and to final approval by the
    Speaker of the House of Representatives (in consultation with the
    Minority Leader of the House of Representatives) and the President pro
    tempore of the Senate (in consultation with the Minority Leader of the
    Senate), acting jointly.
    (f) Subject to approval by the Speaker of the House of
    Representatives (in consultation with the Minority Leader of the House
    of Representatives) and the President pro tempore of the Senate (in
    consultation with the Minority Leader of the Senate), acting jointly,
    the Capitol Police Board may prescribe regulations to carry out this
    section.
    (g) Effective Date.--This [NOTE: Applicability.] section shall
    take effect on the date of enactment of this Act and shall apply to
    fiscal year 2003 and each fiscal year thereafter.

    Sec. 1018. Transfer [NOTE: 2 USC 1907.] of Disbursing Function.
    (a) In General.--
    (1) Disbursing officer.--The Chief of the Capitol Police
    shall be the disbursing officer for the Capitol Police. Any
    reference in any law or resolution before the date of enactment
    of this section to funds paid or disbursed by the Chief
    Administrative Officer of the House of Representatives and the
    Secretary of the Senate relating to the pay and allowances of
    Capitol Police employees shall be deemed to refer to the Chief
    of the Capitol Police.
    (2) Transfer.--Any statutory function, duty, or authority of
    the Chief Administrative Officer of the House of Representatives
    or the Secretary of the Senate as disbursing officers for the
    Capitol Police shall transfer to the Chief of the Capitol Police
    as the single disbursing officer for the Capitol Police.
    (3) Continuity of function during transition.--Until such
    time as the Chief notifies the Chief Administrative Officer of
    the House of Representatives and the Secretary of the Senate
    that systems are in place for discharging the disbursing
    functions under this subsection, the House of Representatives
    and the Senate shall continue to serve as the disbursing
    authority on behalf of the Capitol Police.

    (b) Treasury Accounts.--
    (1) Salaries.--

    [[Page 367]]

    117 STAT. 367

    (A) In general.--There is established in the
    Treasury of the United States a separate account for the
    Capitol Police, into which shall be deposited
    appropriations received by the Chief of the Capitol
    Police and available for the salaries of the Capitol
    Police.
    (B) Transfer authority during transition.--Until
    such time as the Chief notifies the Chief Administrative
    Officer of the House of Representatives and the
    Secretary of the Senate that systems are in place for
    discharging the disbursing functions under subsection
    (a), the Chief shall have the authority to transfer
    amounts in the account to the House of Representatives
    and the Senate to the extent necessary to enable the
    Chief Administrative Officer of the House of
    Representatives and the Secretary of the Senate to
    continue to serve as the disbursing authority on behalf
    of the Capitol Police pursuant to subsection (a)(3).
    (2) General expenses.--There is established in the Treasury
    of the United States a separate account for the Capitol Police,
    into which shall be deposited appropriations received by the
    Chief of the Capitol Police and available for the general
    expenses of the Capitol Police.

    (c) Transfer of Funds, Assets, Accounts, Records, and Authority.--
    (1) In general.--The Chief Administrative Officer of the
    House of Representatives and the Secretary of the Senate are
    authorized and directed to transfer to the Chief of the Capitol
    Police all funds, assets, accounts, and copies of original
    records of the Capitol Police that are in the possession or
    under the control of the Chief Administrative Officer of the
    House of Representatives or the Secretary of the Senate in order
    that all such items may be available for the unified operation
    of the Capitol Police. Any funds so transferred shall be
    deposited in the Treasury accounts established under subsection
    (b) and be available to the Chief of the Capitol Police for the
    same purposes as, and in like manner and subject to the same
    conditions as, the funds prior to the transfer.
    (2) Existing transfer authority.--Any transfer authority
    existing before the date of enactment of this Act granted to the
    Chief Administrative Officer of the House of Representatives or
    the Secretary of the Senate for salaries, expenses, and
    operations of the Capitol Police shall be transferred to the
    Chief of the Capitol Police.

    (d) Unexpended Balances.--Except as may otherwise be provided in
    law, the unexpended balances of appropriations for the fiscal year 2003
    and succeeding fiscal years that are subject to disbursement by the
    Chief of the Capitol Police shall be withdrawn as of September 30 of the
    fifth fiscal year following the period or year for which provided.
    Unpaid obligations chargeable to any of the balances so withdrawn or
    appropriations for prior years shall be liquidated from any
    appropriations for the same general purpose, which, at the time of
    payment, are available for disbursement.
    (e) Hiring Authority; Eligibility for Same Benefits as House
    Employees.--
    (1) Authority.--
    (A) In general.--Subject to subparagraph (B), the
    Chief of the Capitol Police, in carrying out the duties

    [[Page 368]]

    117 STAT. 368

    of office, is authorized to appoint, hire, discharge,
    and set the terms, conditions, and privileges of
    employment of employees of the Capitol Police, subject
    to and in accordance with applicable laws and
    regulations.
    (B) Review and approval.--In carrying out the
    authority under this paragraph, the Chief of the Capitol
    Police shall be subject to the following requirements:
    (i) The appointment and termination of any
    officer, member, or employee shall be subject to
    the approval of the Committee on House
    Administration of the House of Representatives and
    the Committee on Rules and Administration of the
    Senate.
    (ii) The promotion of any noncivilian officer,
    member, or employee to any rank higher than
    Private First Class, and the promotion of any
    civilian employee to any position, shall be
    subject to the approval of the Committees referred
    to in clause (i).
    (iii) The establishment of any new position
    for officers, members, or employees shall be
    subject to the approval of the Committees referred
    to in clause (i).
    (2) Benefits.--Employees of the Capitol Police who are
    appointed by the Chief under the authority of this subsection
    shall be subject to the same type of benefits (including the
    payment of death gratuities, the withholding of debt, and
    health, retirement, Social Security, and other applicable
    employee benefits) as are provided to employees of the House of
    Representatives, and any such individuals serving as employees
    of the Capitol Police as of the date of enactment of this Act
    shall be subject to the same rules governing rights,
    protections, pay, and benefits in effect immediately before such
    date until such rules are changed under applicable laws or
    regulations.

    (f) Worker's Compensation.--
    (1) Account.--There shall be established a separate account
    in the Capitol Police for purposes of making payments for
    employees of the Capitol Police under section 8147 of title 5,
    United States Code.
    (2) Payments without fiscal year limitation.--
    Notwithstanding any other provision of law, payments may be made
    from the account established under paragraph (1) of this
    subsection without regard to the fiscal year for which the
    obligation to make such payments is incurred.

    (g) Effect on Existing Law.--
    (1) In general.--The provisions of this section shall not be
    construed to reduce the pay or benefits of any employee of the
    Capitol Police whose pay was disbursed by the Chief
    Administrative Officer of the House of Representatives or the
    Secretary of the Senate before the date of enactment of this
    Act.
    (2) Superseding provisions.--All provisions of law
    inconsistent with this section are hereby superseded to the
    extent of the inconsistency.

    (h) Conforming Amendments.--(1) Section 1821 of the Revised Statutes
    of the United States (2 U.S.C. 1901) is amended by striking the third
    sentence.

    [[Page 369]]

    117 STAT. 369

    (2) Section 1822 of the Revised Statutes of the United States (2
    U.S.C. 1921) is repealed.
    (3) Section 111 of title I of the Act entitled ``Making supplemental
    appropriations for the fiscal year ending September 30, 1977, and for
    other purposes'', approved May 4, 1977 (2 U.S.C. 64-3), is amended--
    (A) by striking ``Secretary of the Senate'' and inserting
    ``Chief of the Capitol Police''; and
    (B) by striking ``United States Senate'' and inserting
    ``Capitol Police''.

    (i) Effective Date.--This [NOTE: Applicability.] section and the
    amendments made by this section shall take effect on the date of
    enactment of this Act and shall apply to fiscal year 2003 and each
    fiscal year thereafter.

    Sec. 1019. (a) Long [NOTE: 2 USC 1901 note.] Term Strategic
    Plan.--
    (1) In general.--The Chief of the United States Capitol
    Police, in consultation with the Comptroller General, shall
    develop a long term strategic plan which outlines the goals and
    objectives of the Capitol Police.
    (2) Annual update.--During the period in which the strategic
    plan developed under this subsection is in effect, the Chief
    shall annually update the plan.
    (3) Period covered by plan.--The strategic plan under this
    subsection shall cover the first 5 fiscal years which begin
    after the plan is developed.

    (b) Annual Performance Plan.--
    (1) In general.--With respect to each year which is covered
    by the strategic plan developed under subsection (a), the Chief
    of the Capitol Police, in consultation with the Comptroller
    General, shall develop an annual performance plan for
    implementing the goals and objectives of the strategic plan
    during the year.
    (2) Contents.--The annual performance plan developed under
    this subsection for a year shall include performance goals for
    each of the goals and objectives of the strategic plan which
    apply during the year, and shall include (to the extent
    practicable) quantifiable performance measures for determining
    the success of the Capitol Police in meeting each such
    performance goal.
    (3) Evaluation by comptroller general.--The Comptroller
    General shall annually evaluate the implementation of the plan
    and the extent to which the Capitol Police have met the
    performance goals of the plan, and shall provide the results of
    the evaluation to the Capitol Police Board, the Committees on
    Appropriations of the House of Representatives and Senate, the
    Committee on House Administration of the House of
    Representatives, and the Committee on Rules and Administration
    of the Senate.

    (c) Initial Action Plan.--Not [NOTE: Deadline.] later than 180
    days after the date of the enactment of this Act, the Chief of the
    Capitol Police shall develop an initial action plan describing the
    policies, procedures, and actions the Chief will carry out to meet the
    requirements of this section and setting forth a timetable for carrying
    out each such policy, procedure, and action, and shall submit such plan
    (upon the approval of the Capitol Police Board) to the Committees on
    Appropriations of the House of Representatives and Senate,

    [[Page 370]]

    117 STAT. 370

    the Committee on House Administration of the House of Representatives,
    and the Committee on Rules and Administration of the Senate.

    Sec. 1020. Deadline [NOTE: 2 USC 1926 note.] for Regulations. Not
    later than 60 days after the date of the enactment of this Act, the
    Chief of the Capitol Police shall promulgate any regulations required by
    sections 1004, 1006, 1007, and 1011 of this Act.

    OFFICE OF COMPLIANCE

    Salaries and Expenses

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

    CONGRESSIONAL BUDGET OFFICE

    Salaries and Expenses

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

    Administrative Provisions

    Sec. 1101. [NOTE: 2 USC 611.] (a) The Director of the
    Congressional Budget Office may, by regulation, make applicable such
    provisions of section 3396 of title 5, United States Code, as the
    Director determines necessary to establish a program providing
    opportunities for employees of the Office to engage in details or other
    temporary assignments in other agencies, study, or uncompensated work
    experience which will contribute to the employees' development and
    effectiveness.

    (b) Effective Date.--This [NOTE: Applicability.] section shall
    apply to fiscal year 2003 and each fiscal year thereafter.

    Sec. 1102. [NOTE: 41 USC 6a-4.] (a) The Director of the
    Congressional Budget Office may enter into agreements or contracts
    without regard to section 3709 of the Revised Statutes of the United
    States (41 U.S.C. 5).

    (b) Effective Date.--This [NOTE: Applicability.] section shall
    apply to fiscal year 2003 and each fiscal year thereafter.

    [[Page 371]]

    117 STAT. 371

    ARCHITECT OF THE CAPITOL

    General Administration

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

    Capitol Building

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

    Capitol Grounds

    For all necessary expenses for care and improvement of grounds
    surrounding the Capitol, the Senate and House office buildings, and the
    Capitol Power Plant, $8,356,000, of which $1,780,000 shall remain
    available until September 30, 2007.

    Senate Office Buildings

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

    House Office Buildings

    For all necessary expenses for the maintenance, care and operation
    of the House office buildings, $60,960,000, of which $25,610,000 shall
    remain available until September 30, 2007.

    Capitol Power Plant

    For all necessary expenses for the maintenance, care and operation
    of the Capitol Power Plant; lighting, heating, power (including the
    purchase of electrical energy) and water and sewer services for the
    Capitol, Senate and House office buildings, Library of Congress
    buildings, and the grounds about the same, Botanic Garden, Senate
    garage, and air conditioning refrigeration not supplied from plants in
    any of such buildings; heating the Government Printing Office and
    Washington City Post Office, and heating and chilled water for air
    conditioning for the Supreme Court Building, the Union Station complex,
    the Thurgood Marshall Federal Judiciary Building and the Folger
    Shakespeare Library, expenses for which

    [[Page 372]]

    117 STAT. 372

    shall be advanced or reimbursed upon request of the Architect of the
    Capitol and amounts so received shall be deposited into the Treasury to
    the credit of this appropriation, $102,286,000, of which $61,739,000
    shall remain available until September 30, 2007: Provided, That not more
    than $4,400,000 of the funds credited or to be reimbursed to this
    appropriation as herein provided shall be available for obligation
    during fiscal year 2003.

    Library Buildings and Grounds

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

    Capitol Police Buildings and Grounds

    (including transfer of funds)

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

    Botanic Garden

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

    Administrative Provisions

    Sec. 1201. Small [NOTE: 2 USC 1821.] Purchase Contracting
    Authority. (a) In General.--Notwithstanding any other provision of law--
    (1) section 3709 of the Revised Statutes of the United
    States (41 U.S.C. 5) shall apply with respect to purchases and
    contracts for the Architect of the Capitol as if the reference
    to ``$25,000'' in paragraph (1) of such section were a reference
    to ``$100,000''; and
    (2) the Architect may procure services, equipment, and
    construction for security related projects in the most efficient
    manner he determines appropriate.

    (b) Effective Date.--This [NOTE: Applicability.] section shall
    apply to fiscal year 2003 and each fiscal year thereafter.

    [[Page 373]]

    117 STAT. 373

    Sec. 1202. Multi-year [NOTE: 41 USC 253l-7.] Contract Authority.
    (a) In General.--The Architect of the Capitol may--
    (1) enter into contracts for the acquisition of severable
    services for a period that begins in 1 fiscal year and ends in
    the next fiscal year to the same extent as the head of an
    executive agency under the authority of section 303L of the
    Federal Property and Administrative Services Act of 1949 (41
    U.S.C. 253l); and
    (2) enter into multiyear contracts for the acquisitions of
    property and nonaudit-related services to the same extent as
    executive agencies under the authority of section 304B of the
    Federal Property and Administrative Services Act of 1949 (41
    U.S.C. 254c).

    (b) Effective Date.--This [NOTE: Applicability.] section shall
    apply to fiscal year 2003 and each fiscal year thereafter.

    Sec. 1203. Deputy [NOTE: 2 USC 1805.] Architect of the Capitol/
    Chief Operating Officer. (a) Establishment of Deputy Architect of the
    Capitol.--There shall be a Deputy Architect of the Capitol who shall
    serve as the Chief Operating Officer of the Office of the Architect of
    the Capitol. The Deputy Architect of the Capitol shall be appointed by
    the Architect of the Capitol and shall report directly to the Architect
    of the Capitol and shall be subject to the authority of the Architect of
    the Capitol. [NOTE: Deadline.] The Architect of the Capitol shall
    appoint the Deputy Architect of the Capitol not later than 90 days after
    the date of enactment of this Act. The Architect of the Capitol shall
    consult with the Comptroller General or his designee before making the
    appointment.

    (b) Qualifications.--The Deputy Architect of the Capitol shall have
    strong leadership skills and demonstrated ability in management,
    including in such areas as strategic planning, performance management,
    worker safety, customer satisfaction, and service quality.
    (c) Responsibilities.--
    (1) In general.--The Deputy Architect of the Capitol shall
    be responsible to the Architect of the Capitol for the overall
    direction, operation, and management of the Office of the
    Architect of the Capitol, including implementing the Office's
    goals and mission; providing overall organization management to
    improve the Office's performance; and assisting the Architect of
    the Capitol in promoting reform, and measuring results.
    (2) Responsibilities.--The Deputy Architect's
    responsibilities include--
    (A) developing, implementing, annually updating, and
    maintaining a long-term strategic plan covering a period
    of not less than 5 years for the Office of the Architect
    of the Capitol;
    (B) developing and implementing an annual
    performance plan that includes annual performance goals
    covering each of the general goals and objectives in the
    strategic plan and including to the extent practicable
    quantifiable performance measures for the annual goals;
    (C) proposing organizational changes and staffing
    needed to carry out the Office of the Architect of the
    Capitol's mission and strategic and annual performance
    goals; and
    (D) reviewing and directing the operational
    functions of the Office of the Architect of the Capitol.

    [[Page 374]]

    117 STAT. 374

    (d) Additional Responsibilities.--The Architect of the Capitol may
    delegate to the Deputy Architect such additional duties as the Architect
    determines are necessary or appropriate.
    (e) Action Plan.--
    (1) In general.--No [NOTE: Deadline.] later than 90 days
    after the appointment, the Deputy Architect shall prepare and
    submit to the Committees on Appropriations of the House of
    Representatives and Senate and the Committee on Rules and
    Administration of the Senate, an action plan describing the
    policies, procedures, and actions the Deputy Architect will
    implement and timeframes for carrying out the responsibilities
    under this section.
    (2) Action plan.--The action plan shall be--
    (A) approved and signed by both the Architect of the
    Capitol and the Deputy Architect; and
    (B) developed concurrently and consistent with the
    development of a strategic plan.
    (3) Additional senior positions.--Notwithstanding section
    108(a) of the Legislative Branch Appropriations Act, 1991 (2
    U.S.C. 1839), as amended by section 129(c) of the Legislative
    Branch Appropriations Act, 2002, the Architect of the Capitol
    may fix the rate of basic pay for not more than 3 additional
    positions at a rate not to exceed the highest total rate of pay
    for the Senior Executive Service under subchapter VIII of
    chapter 53 of title 5, United States Code, for the locality
    involved.

    (f) Evaluation.--The General Accounting Office shall evaluate
    annually the implementation of the action plan and provide the results
    of the evaluation to the Architect of the Capitol, the Committees on
    Appropriations of the House of Representatives and Senate and the
    Committee on Rules and Administration of the Senate.
    (g) Removal.--The Deputy Architect of the Capitol may be removed by
    the Architect of the Capitol for misconduct or failure to meet
    performance goals set forth in the performance agreement in subsection
    (i). Upon the removal of the Deputy Architect of the Capitol, the
    Architect of the Capitol shall immediately notify in writing the
    Committees on Appropriations of the House of Representatives and Senate,
    and the Committee on Rules and Administration of the Senate, stating the
    specific reasons for the removal.
    (h) Compensation.--The Deputy Architect of the Capitol shall be paid
    at an annual rate of pay to be determined by the Architect but not to
    exceed $1,500 less than the annual rate of pay for the Architect of the
    Capitol.
    (i) Annual Performance Report.--The Deputy Architect of the Capitol
    shall prepare and transmit to the Architect of the Capitol an annual
    performance report. This report shall contain an evaluation of the
    extent to which the Office of the Architect of the Capitol met its goals
    and objectives.
    (j) Termination of Role.--As of October 1, 2006, the role of the
    Comptroller General and the General Accounting Office, as established by
    this section, will cease.
    Sec. 1204. Deputy [NOTE: 2 USC 1804.] Architect to Act in Case of
    Absence, Disability, or Vacancy. The proviso under the subheading
    ``salaries'' under the heading ``Office of the Architect of the
    Capitol'' under the heading ``ARCHITECT OF THE CAPITOL'' of the
    Legislative Branch Appropriations Act, 1971 (2 U.S.C. 1805) is amended
    by striking ``Assistant Architect'' and inserting ``Deputy Architect''.

    [[Page 375]]

    117 STAT. 375

    Sec. 1205. Delegation [NOTE: 2 USC 1803.] of Authority by
    Architect of the Capitol. The matter under the subheading ``Office of
    the Architect of the Capitol'' under the heading ``ARCHITECT OF THE
    CAPITOL'' of the Legislative Appropriation Act, 1956 (2 U.S.C. 1804) is
    amended by striking ``Architect of the Capitol is authorized'' through
    ``proper'' and inserting ``Architect of the Capitol may delegate to the
    assistants of the Architect such authority of the Architect as the
    Architect may determine proper, except those authorities, duties, and
    responsibilities specifically assigned to the Deputy Architect of the
    Capitol by the Legislative Branch Appropriations Act, 2003''.

    Sec. 1206. Assistant Architect. [NOTE: 2 USC
    1848.] Notwithstanding any other provision of law, the compensation of
    the Assistant Architect who is incumbent in that position when the
    position of Assistant Architect is abolished shall not be reduced so
    long as the former Assistant Architect is employed at the Office of the
    Architect of the Capitol. Whenever the Architect of the Capitol receives
    a pay adjustment after the date of enactment of this section, the
    compensation of such former Assistant Architect shall be adjusted by the
    same percentage as the compensation of the Architect of the Capitol. The
    authority granted in this section shall be in addition to the authority
    the Architect of the Capitol has in section 129(c)(1)(A) of the
    Legislative Branch Appropriations Act, 2002, as amended by this Act, to
    fix the rate of basic pay for not more than 15 positions at a rate not
    to exceed the highest total rate of pay for the Senior Executive Service
    under subchapter VIII of chapter 53 of title 5, United States Code, for
    the locality involved.

    Sec. 1207. Senate Staff Health and Fitness Facility. Section 4 of
    the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 121f) is
    amended--
    (1) in subsection (a), by inserting ``Staff'' after
    ``Senate'';
    (2) in subsection (b)(1), by inserting ``Staff'' after
    ``Senate'';
    (3) in subsection (c), by inserting ``Staff'' after ``costs
    of the Senate'';
    (4) in subsection (d), by inserting ``Staff'' after
    ``Senate''; and
    (5) by striking subsection (e) and inserting the following:

    ``(e) [NOTE: Regulations.] The Committee on Rules and
    Administration of the Senate shall promulgate regulations pertaining to
    the operation and use of the Senate Staff Health and Fitness
    Facility.''.

    Sec. 1208. Allocation of Responsibility for Library Buildings and
    Grounds. (a) In General.--The first section of the Act of June 29, 1922
    (2 U.S.C. 141) [NOTE: 2 USC 142.] is amended to read as follows:

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

    ``(a) Architect of the Capitol.--
    ``(1) In general.--The Architect of the Capitol shall have
    charge of all work at the Library of Congress buildings and
    grounds (as defined in section 11 of the Act entitled `An Act
    relating to the policing of the buildings of the Library of
    Congress' approved August 4, 1950 (2 U.S.C. 167(j)) that
    affects--
    ``(A) the structural integrity of the buildings;
    ``(B) buildings systems, including mechanical,
    electrical, plumbing, and elevators;
    ``(C) the architectural features of the buildings;

    [[Page 376]]

    117 STAT. 376

    ``(D) compliance with building and fire codes, laws,
    and regulations with respect to the specific
    responsibilities set for under this paragraph;
    ``(E) the care and maintenance of Library grounds;
    and
    ``(F) purchase of all equipment necessary to fulfill
    the responsibilities set forth under this paragraph.
    ``(2) Employees.--The employees required for the performance
    of the duties under paragraph (1) shall be appointed by the
    Architect of the Capitol.

    ``(b) Librarian of Congress.--The Librarian of Congress shall have
    charge of all work (other than work under subsection (a)) at the Library
    of Congress buildings and grounds.
    ``(c) Transfer of Funds.--The Architect of the Capitol and the
    Librarian of Congress may enter into agreements with each other to
    perform work under this section, and, subject to the approval of the
    Committees on Appropriations of the House of Representatives and the
    Senate and the Joint Committee on the Library, may transfer between
    themselves appropriations or other available funds to pay the costs
    therefor.''.
    (b) Effective Date.--The [NOTE: Applicability. 2 USC 141
    note.] amendments made by this section shall apply to fiscal year 2003
    and each fiscal year thereafter.

    Sec. 1209. Notwithstanding any other provision of law, the Architect
    of the Capitol may accept appropriations and services from other Federal
    agencies for the purpose of enhancing security for projects under his
    jurisdiction upon the prior approval of the Committees on Appropriations
    of the House and the Senate.

    LIBRARY OF CONGRESS

    Salaries and Expenses

    For necessary expenses of the Library of Congress not otherwise
    provided for, including development and maintenance of the Union
    Catalogs; custody and custodial care of the Library buildings; special
    clothing; cleaning, laundering and repair of uniforms; preservation of
    motion pictures in the custody of the Library; operation and maintenance
    of the American Folklife Center in the Library; preparation and
    distribution of catalog records and other publications of the Library;
    hire or purchase of one passenger motor vehicle; and expenses of the
    Library of Congress Trust Fund Board not properly chargeable to the
    income of any trust fund held by the Board, $358,474,000, of which not
    more than $6,500,000 shall be derived from collections credited to this
    appropriation during fiscal year 2003, and shall remain available until
    expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
    U.S.C. 150) and not more than $350,000 shall be derived from collections
    during fiscal year 2003 and shall remain available until expended for
    the development and maintenance of an international legal information
    database and activities related thereto: Provided, That the Library of
    Congress may not obligate or expend any funds derived from collections
    under the Act of June 28, 1902, in excess of the amount authorized for
    obligation or expenditure in appropriations Acts: Provided further, That
    the total amount available for obligation shall be reduced by the amount
    by which collections are less than the $6,850,000: Provided further,
    That of the total amount appropriated, $10,886,000 is to remain
    available until

    [[Page 377]]

    117 STAT. 377

    expended for acquisition of books, periodicals, newspapers, and all
    other materials including subscriptions for bibliographic services for
    the Library, including $40,000 to be available solely for the purchase,
    when specifically approved by the Librarian, of special and unique
    materials for additions to the collections: Provided further, That of
    the total amount appropriated, not more than $12,000 may be expended, on
    the certification of the Librarian of Congress, in connection with
    official representation and reception expenses for the Overseas Field
    Offices: Provided further, That of the total amount appropriated,
    $911,000 shall remain available until expended for the acquisition and
    partial support for implementation of an Integrated Library System
    (ILS): Provided further, That of the total amount appropriated,
    $11,100,000 shall remain available until expended for the purpose of
    teaching educators how to incorporate the Library's digital collections
    into school curricula and shall be transferred to the educational
    consortium formed to conduct the ``Joining Hands Across America: Local
    Community Initiative'' project as approved by the Library: Provided
    further, That of the amount appropriated, $500,000 shall remain
    available until expended, and shall be transferred to the Abraham
    Lincoln Bicentennial Commission for carrying out the purposes of Public
    Law 106-173, of which amount $10,000 may be used for official
    representation and reception expenses of the Abraham Lincoln
    Bicentennial Commission: Provided further, That of the total amount
    appropriated, $4,250,000 shall remain available until September 30, 2007
    for the acquisition and partial support for implementation of a Central
    Financial Management System: Provided further, That of the total amount
    appropriated, $789,000 shall remain available until September 30, 2004
    for the Lewis and Clark Exhibition and an additional $200,000 shall
    remain available until expended, and shall be transferred to Southern
    Illinois University for the purpose of developing a permanent
    commemoration of the Lewis and Clark Expedition: Provided further, That
    of the total amount appropriated, $10,000,000 shall remain available
    until expended for the purpose of developing a high-speed data
    transmission between the Library of Congress and educational facilities,
    libraries, or networks serving Western North Carolina: Provided further,
    That, of the total amount appropriated, $500,000 shall remain available
    until expended and shall be equally divided and transferred to the
    Alexandria Museum of Art and the New Orleans Museum of Art for
    activities relating to the Louisiana Purchase Bicentennial Celebration.

    Copyright Office

    salaries and expenses

    For necessary expenses of the Copyright Office, $39,226,000, of
    which not more than $23,321,000, to remain available until expended,
    shall be derived from collections credited to this appropriation during
    fiscal year 2003 under section 708(d) of title 17, United States Code:
    Provided, That the Copyright Office may not obligate or expend any funds
    derived from collections under such section, in excess of the amount
    authorized for obligation or expenditure in appropriations Acts:
    Provided further, That not more than $6,191,000 shall be derived from
    collections during fiscal year 2003 under sections 111(d)(2), 119(b)(2),
    802(h), and 1005 of such title: Provided further, That the total amount
    available for obligation

    [[Page 378]]

    117 STAT. 378

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

    Congressional Research Service

    salaries and expenses

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

    Books for the Blind and Physically Handicapped

    salaries and expenses

    For salaries and expenses to carry out the Act of March 3, 1931
    (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,963,000, of which
    $14,697,000 shall remain available until expended: Provided, That, of
    the total amount appropriated, $1,000,000 shall remain available until
    expended to reimburse the National Federation of the Blind for costs
    incurred in the operation of its ``NEWSLINE'' program.

    Administrative Provisions

    Sec. 1301. Of the amounts appropriated to the Library of Congress in
    this Act, not more than $5,000 may be expended, on the certification of
    the Librarian of Congress, in connection with official representation
    and reception expenses for the incentive awards program.
    Sec. 1302. (a) For fiscal year 2003, the obligational authority of
    the Library of Congress for the activities described in subsection (b)
    may not exceed $109,929,000.
    (b) The activities referred to in subsection (a) are reimbursable
    and revolving fund activities that are funded from sources other than
    appropriations to the Library in appropriations Acts for the legislative
    branch.
    (c) During fiscal year 2003, the Librarian of Congress may
    temporarily transfer funds appropriated in this Act under the heading
    ``LIBRARY OF CONGRESS--Salaries and Expenses'' to the revolving fund for
    the FEDLINK Program and the Federal

    [[Page 379]]

    117 STAT. 379

    Research Program established under section 103 of the Library of
    Congress Fiscal Operations Improvement Act of 2000 (Public Law 106-481;
    2 U.S.C. 182c): Provided, That the total amount of such transfers may
    not exceed $1,900,000: Provided further, That the appropriate revolving
    fund account shall reimburse the Library for any amounts transferred to
    it before the period of availability of the Library appropriation
    expires.
    Sec. 1303. National Digital Information Infrastructure and
    Preservation Program.--The Miscellaneous Appropriations Act, 2001 (as
    enacted by section 1(a)(4) of Public Law 106-554, 114 Stat. 2763A-194),
    division A, chapter 9, under the heading ``Library of Congress''
    ``Salaries and Expenses'' is amended by striking ``March 31, 2003'' and
    inserting ``March 31, 2005''.
    Sec. 1304. Abraham Lincoln Bicentennial Commission. The Abraham
    Lincoln Bicentennial Commission Act (36 U.S.C. note prec. 101; Public
    Law 106-173) is amended--
    (1) in section 6(b), by striking paragraph (2) and inserting
    the following:
    ``(2) Staff.--Consistent with all other applicable Federal
    laws governing appointments and compensation, the staff of the
    Commission may be appointed without regard to the provisions of
    title 5, United States Code, governing appointments in the
    competitive service, and may be paid without regard to the
    provisions of chapter 51 and subchapter III of chapter 53 of
    that title relating to classification and General Schedule pay
    rates.''; and
    (2) in section 7(h)(3), by striking ``subsection (b)(2)''
    and inserting ``section 6(b)(2)''.

    Sec. 1305. Section 2(c)(3) of the History of the House Awareness and
    Preservation Act (2 U.S.C. 183(c)(3)) is amended by inserting ``excerpts
    of'' after ``dissemination of''.

    GOVERNMENT PRINTING OFFICE

    Congressional Printing and Binding

    (including transfer of funds)

    For authorized printing and binding for the Congress and the
    distribution of Congressional information in any format; printing and
    binding for the Architect of the Capitol; expenses necessary for
    preparing the semimonthly and session index to the Congressional Record,
    as authorized by law (section 902 of title 44, United States Code);
    printing and binding of Government publications authorized by law to be
    distributed to Members of Congress; and printing, binding, and
    distribution of Government publications authorized by law to be
    distributed without charge to the recipient, $90,143,000: Provided, That
    this appropriation shall not be available for paper copies of the
    permanent edition of the Congressional Record for individual
    Representatives, Resident Commissioners or Delegates authorized under
    section 906 of title 44, United States Code: Provided further, That this
    appropriation shall be available for the payment of obligations incurred
    under the appropriations for similar purposes for preceding fiscal
    years: Provided further, That notwithstanding the 2-year limitation
    under section 718 of title 44, United States Code, none of the funds
    appropriated or made available under this Act or any other Act for
    printing and binding and related services provided to Congress under
    chapter

    [[Page 380]]

    117 STAT. 380

    7 of title 44, United States Code, may be expended to print a document,
    report, or publication after the 27-month period beginning on the date
    that such document, report, or publication is authorized by Congress to
    be printed, unless Congress reauthorizes such printing in accordance
    with section 718 of title 44, United States Code: Provided further, That
    any unobligated or unexpended balances in this account or accounts for
    similar purposes for preceding fiscal years may be transferred to the
    Government Printing Office revolving fund for carrying out the purposes
    of this heading, subject to the approval of the Committees on
    Appropriations of the House of Representatives and Senate.

    Office of Superintendent of Documents

    salaries and expenses

    (including transfer of funds)

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

    Government Printing Office Revolving Fund

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

    [[Page 381]]

    117 STAT. 381

    ``salaries and expenses'' together may not be available for the full-
    time equivalent employment of more than 3,219 workyears (or such other
    number of workyears as the Public Printer may request, subject to the
    approval of the Committees on Appropriations of the House of
    Representatives and Senate): Provided further, That activities financed
    through the revolving fund may provide information in any format.

    GENERAL ACCOUNTING OFFICE

    Salaries and Expenses

    For necessary expenses of the General Accounting Office, including
    not more than $12,500 to be expended on the certification of the
    Comptroller General of the United States in connection with official
    representation and reception expenses; temporary or intermittent
    services under section 3109(b) of title 5, United States Code, but at
    rates for individuals not more than the daily equivalent of the annual
    rate of basic pay for level IV of the Executive Schedule under section
    5315 of such title; hire of one passenger motor vehicle; advance
    payments in foreign countries in accordance with section 3324 of title
    31, United States Code; benefits comparable to those payable under
    section 901(5), (6), and (8) of the Foreign Service Act of 1980 (22
    U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the
    Comptroller General of the United States, rental of living quarters in
    foreign countries, $451,134,000: Provided, That not more than $2,210,000
    of payments received under section 782 of title 31, United States Code,
    shall be available for use in fiscal year 2003: Provided further, That
    not more than $790,000 of reimbursements received under section 9105 of
    title 31, United States Code, shall be available for use in fiscal year
    2003: Provided further, That this appropriation and appropriations for
    administrative expenses of any other department or agency which is a
    member of the National Intergovernmental Audit Forum or a Regional
    Intergovernmental Audit Forum shall be available to finance an
    appropriate share of either Forum's costs as determined by the
    respective Forum, including necessary travel expenses of non-Federal
    participants: Provided further, That payments hereunder to the Forum may
    be credited as reimbursements to any appropriation from which costs
    involved are initially financed: Provided further, That this
    appropriation and appropriations for administrative expenses of any
    other department or agency which is a member of the American Consortium
    on International Public Administration (ACIPA) shall be available to
    finance an appropriate share of ACIPA costs as determined by the ACIPA,
    including any expenses attributable to membership of ACIPA in the
    International Institute of Administrative Sciences.

    PAYMENT TO THE OPEN WORLD LEADERSHIP CENTER TRUST FUND

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

    [[Page 382]]

    117 STAT. 382

    Administrative Provision

    Sec. 1401. Open World Leadership Center. (a) In General.--Section
    313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151)
    is amended--
    (1) in the section heading, by striking ``Center for Russian
    Leadership Development'' and inserting ``Open World Leadership
    Center'';
    (2) in subsection (a)--
    (A) in paragraph (1), by striking all after
    ``Government'' and inserting ``a center to be known as
    the `Open World Leadership Center (the `Center').''; and
    (B) in paragraph (2)--
    (i) by inserting ``(the `Board')'' after
    ``Board of Trustees''; and
    (ii) in subparagraph (D), by striking ``United
    States and Russian relations'' and inserting
    ``relations between the United States and eligible
    foreign states'';
    (3) in subsection (b)--
    (A) in paragraph (1)--
    (i) by striking ``Russia'' and inserting
    ``eligible foreign states''; and
    (ii) by striking the period at the end and
    inserting the following: ``and to establish and
    administer a program to enable cultural leaders of
    Russia to gain significant, firsthand exposure to
    the operation of American cultural
    institutions.'';
    (B) in paragraph (2), by striking ``Russian
    nationals'' and inserting ``nationals of eligible
    foreign states''; and
    (C) in paragraph (3)--
    (i) in subparagraph (B), by striking ``3,000''
    and inserting ``3,500''; and
    (ii) in subparagraph (C)(i), by striking
    ``Russia'' and inserting ``an eligible foreign
    state'';
    (4) in subsection (c)--
    (A) in paragraph (1), by striking ``Russian
    Leadership Development Center Trust Fund'' and inserting
    ``Open World Leadership Center Trust Fund''; and
    (B) in paragraph (3)(B), by striking ``of Trustees
    of the Center'';
    (5) in subsection (h)(2), by striking ``of Trustees of the
    Center''; and
    (6) by adding at the end the following:

    ``(j) Eligible Foreign State Defined.--In this section, the term
    `eligible foreign state' means--
    ``(1) any country specified in section 3 of the FREEDOM
    Support Act (22 U.S.C. 5801); and
    ``(2) Estonia, Latvia, and Lithuania.''.

    (b) Effective Date.--The [NOTE: 2 USC 1151 note.] amendments made
    by this section shall take effect 90 days after the date of enactment of
    this Act.

    TITLE II--GENERAL PROVISIONS

    Sec. 201. No part of the funds appropriated in this Act shall be
    used for the maintenance or care of private vehicles, except for
    emergency assistance and cleaning as may be provided under

    [[Page 383]]

    117 STAT. 383

    regulations relating to parking facilities for the House of
    Representatives issued by the Committee on House Administration and for
    the Senate issued by the Committee on Rules and Administration.
    Sec. 202. No part of the funds appropriated in this Act shall remain
    available for obligation beyond fiscal year 2003 unless expressly so
    provided in this Act.
    Sec. 203. Whenever in this Act any office or position not
    specifically established by the Legislative Pay Act of 1929 is
    appropriated for or the rate of compensation or designation of any
    office or position appropriated for is different from that specifically
    established by such Act, the rate of compensation and the designation in
    this Act shall be the permanent law with respect thereto: Provided, That
    the provisions in this Act for the various items of official expenses of
    Members, officers, and committees of the Senate and House of
    Representatives, and clerk hire for Senators and Members of the House of
    Representatives shall be the permanent law with respect thereto.
    Sec. 204. [NOTE: Contracts. Public information.] The expenditure
    of any appropriation under this Act for any consulting service through
    procurement contract, under section 3109 of title 5, United States Code,
    shall be limited to those contracts where such expenditures are a matter
    of public record and available for public inspection, except where
    otherwise provided under existing law, or under existing Executive order
    issued under existing law.

    Sec. 205. Such sums as may be necessary are appropriated to the
    account described in subsection (a) of section 415 of the Congressional
    Accountability Act to pay awards and settlements as authorized under
    such subsection.
    Sec. 206. Amounts available for administrative expenses of any
    legislative branch entity which participates in the Legislative Branch
    Financial Managers Council (LBFMC) established by charter on March 26,
    1996, shall be available to finance an appropriate share of LBFMC costs
    as determined by the LBFMC, except that the total LBFMC costs to be
    shared among all participating legislative branch entities (in such
    allocations among the entities as the entities may determine) may not
    exceed $2,000.
    Sec. 207. Section 316 of Public Law 101-302 [NOTE: 2 USC 2107.] is
    amended in the first sentence of subsection (a) by striking ``2002'' and
    inserting ``2003''.

    Sec. 208. The Architect of the Capitol, in consultation with the
    District of Columbia, is authorized to maintain and improve the
    landscape features, excluding streets and sidewalks, in the irregular
    shaped grassy areas bounded by Washington Avenue, SW on the northeast,
    Second Street SW on the west, Square 582 on the south, and the beginning
    of the I-395 tunnel on the southeast.
    Sec. 209. John C. Stennis Center for Public Service Training and
    Development. There are appropriated, out of any funds in the Treasury
    not otherwise appropriated, $300,000, to remain available until
    expended, to the John C. Stennis Center for Public Service Training and
    Development.
    Sec. 210. Title II of the Congressional Award Act. There are
    appropriated, out of any funds in the Treasury not otherwise
    appropriated, $250,000, to remain available until expended, to carry out
    title II of the Congressional Award Act (2 U.S.C. 811 et seq.):
    Provided, That funds appropriated for this purpose do not exceed 100
    percent of funds donated to the Board in cash or in kind

    [[Page 384]]

    117 STAT. 384

    under section 208(c) of the Congressional Award Act: Provided further,
    That such funds are used for staff salaries and overhead, postage,
    travel, equipment, and accounting costs.
    Sec. 211. [NOTE: 26 USC note prec. 6031.] (a) Each office in the
    legislative branch, except the House and the Senate, which is
    responsible for preparing any written statement furnished under part 3
    of subchapter A of chapter 61 of the Internal Revenue Code of 1986 on
    behalf of a person shall make the statement available to the person in
    an electronic format (at the direction of the person) which will enable
    the person to provide the statement electronically to a tax preparer or
    other provider of financial services.

    (b) [NOTE: Applicability.] Subsection (a) shall apply with respect
    to statements prepared for taxable years ending on or after December 31,
    2004.

    Sec. 212. 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.
    This division may be cited as the ``Legislative Branch
    Appropriations Act, 2003''.

    DIVISION I--TRANSPORTATION [NOTE: Transportation and Related Agencies
    Appropriations Act, 2003.] AND RELATED AGENCIES APPROPRIATIONS, 2003

    Joint Resolution

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

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

    TITLE I

    DEPARTMENT OF TRANSPORTATION

    OFFICE OF THE SECRETARY

    Salaries and Expenses

    For necessary expenses of the Office of the Secretary, $89,447,000,
    of which not to exceed $2,211,000 shall be available for the immediate
    Office of the Secretary; not to exceed $809,000 shall be available for
    the immediate Office of the Deputy Secretary; not to exceed $15,657,000
    shall be available for the Office of the General Counsel; not to exceed
    $12,452,000 shall be available for the Office of the Under Secretary of
    Transportation for Policy; not to exceed $8,375,000 shall be available
    for the Office of the Assistant Secretary for Budget and Programs; not
    to exceed $2,453,000 shall be available for the Office of the Assistant
    Secretary for Governmental Affairs; not to exceed $29,071,000 shall be
    available for the Office of the Assistant Secretary for Administration;
    not to exceed $1,926,000 shall be available for the Office of Public
    Affairs; not to exceed $1,391,000 shall be available for the Office of
    the Executive Secretariat; not to exceed $611,000 shall be available for
    the Board of Contract Appeals; not to exceed

    [[Page 385]]

    117 STAT. 385

    $1,304,000 shall be available for the Office of Small and Disadvantaged
    Business Utilization; not to exceed $13,187,000 shall be available for
    the Office of the Chief Information Officer: Provided, That the
    Secretary of Transportation is authorized to transfer funds appropriated
    for any office of the Office of the Secretary to any other office of the
    Office of the Secretary: Provided further, That no appropriation for any
    office shall be increased or decreased by more than 5 percent by all
    such transfers: Provided further, That any change in funding greater
    than 5 percent shall be submitted for approval to the House and Senate
    Committees on Appropriations: Provided further, That not to exceed
    $60,000 shall be for allocation within the Department for official
    reception and representation expenses as the Secretary may determine:
    Provided further, That notwithstanding any other provision of law,
    excluding fees authorized in Public Law 107-71, there may be credited to
    this appropriation up to $2,500,000 in funds received in user fees:
    Provided further, That none of the funds provided in this Act shall be
    available for the position of Assistant Secretary for Public Affairs.

    Office of Civil Rights

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

    Transportation Planning, Research, and Development

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

    Working Capital Fund

    Necessary expenses for operating costs and capital outlays of the
    Working Capital Fund, not to exceed $131,766,000, shall be paid from
    appropriations made available to the Department of Transportation:
    Provided, That such services shall be provided on a competitive basis to
    entities within the Department of Transportation: Provided further, That
    the above limitation on operating expenses shall not apply to non-DOT
    entities: Provided further, That no funds appropriated in this Act to an
    agency of the Department shall be transferred to the Working Capital
    Fund without the approval of the agency modal administrator: Provided
    further, That no assessments may be levied against any program, budget
    activity, subactivity or project funded by this Act unless notice of
    such assessments and the basis therefor are presented to the House and
    Senate Committees on Appropriations and are approved by such Committees.

    Minority Business Resource Center Program

    For the cost of guaranteed loans, $500,000, as authorized by 49
    U.S.C. 332: Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That these funds are available to
    subsidize total loan principal, any part of which is to be guaranteed,
    not to exceed $18,367,000. In addition, for administrative expenses to
    carry out the guaranteed loan program, $400,000.

    [[Page 386]]

    117 STAT. 386

    Minority Business Outreach

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

    Payments to Air Carriers

    (airport and airway trust fund)

    In addition to funds made available from any other source to carry
    out the essential air service program under 49 U.S.C. 41731 through
    41742, $52,100,000, to be derived from the Airport and Airway Trust
    Fund, to remain available until expended.

    TRANSPORTATION SECURITY ADMINISTRATION

    Aviation Security

    For necessary expenses of the Transportation Security Administration
    related to providing civil aviation security services pursuant to Public
    Law 107-71, $4,516,300,000, to remain available until expended, of which
    $3,037,900,000 shall be available for screening activities and of which
    $1,478,400,000 shall be available for airport support and enforcement
    presence: Provided, That $144,000,000 shall be derived by reimbursement
    from ``Federal Aviation Administration, Facilities and equipment'', for
    explosives detection systems: Provided further, That security service
    fees authorized under 49 U.S.C. 44940 shall be credited to this
    appropriation as offsetting collections and used for providing civil
    aviation security services authorized by that section: Provided further,
    That the sum herein appropriated from the general fund shall be reduced
    on a dollar-for-dollar basis as such offsetting collections are received
    during fiscal year 2003, so as to result in a final fiscal year
    appropriation from the general fund estimated at not more than
    $1,866,300,000: Provided further, That any security service fees
    collected in excess of the amount appropriated under this heading shall
    be treated as offsetting collections in fiscal year 2004: Provided
    further, That none of the funds in this Act shall be used to recruit or
    hire personnel into the Transportation Security Administration which
    would cause the agency to exceed a staffing level of 45,000 full-time
    permanent positions: Provided further, That of the total amount provided
    herein, $265,000,000 shall be available only for physical modification
    of commercial service airports for the purpose of installing checked
    baggage explosive detection systems and $174,500,000 shall be available
    only for procurement of checked baggage explosive detection systems,
    including explosive trace detection systems.

    Maritime and Land Security

    For necessary expenses of the Transportation Security Administration
    related to maritime and land transportation security grants and services
    pursuant to Public Law 107-71, $244,800,000, to remain available until
    expended: Provided, That of the total amount provided herein,
    $150,000,000 shall be available only to make port

    [[Page 387]]

    117 STAT. 387

    security grants, which shall be distributed under the same terms and
    conditions as provided for under Public Law 107-117; $4,000,000 shall be
    available only for radiation detection and monitoring system evaluation
    and procurement; and $30,000,000 shall be available only to execute
    grants, contracts, and interagency agreements for the purpose of
    deploying Operation Safe Commerce.

    Research and Development

    For necessary expenses of the Transportation Security Administration
    for research and development related to transportation security,
    $110,200,000, to remain available until expended: Provided, That of the
    total amount provided herein, $10,000,000 shall be available only to
    make research and development grants for port security pursuant to the
    terms and conditions of section 70107(i) of Public Law 107-295.

    Administration

    For necessary administrative expenses of the Transportation Security
    Administration, including intelligence activities, pursuant to Public
    Law 107-71, $308,700,000, to remain available until expended.

    COAST GUARD

    Operating Expenses

    For necessary expenses for the operation and maintenance of the
    Coast Guard, not otherwise provided for; purchase of not to exceed five
    passenger motor vehicles for replacement only; payments pursuant to
    section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
    section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and
    recreation and welfare, $4,322,122,000, of which $340,000,000 shall be
    available for defense-related activities; and of which $25,000,000 shall
    be derived from the Oil Spill Liability Trust Fund: Provided, That none
    of the funds appropriated in this or any other Act shall be available
    for pay of administrative expenses in connection with shipping
    commissioners in the United States: Provided further, That none of the
    funds provided in this Act shall be available to compensate in excess of
    37 active duty flag officer billets: Provided further, That none of the
    funds provided in this Act shall be available for expenses incurred for
    yacht documentation under 46 U.S.C. 12109, except to the extent fees are
    collected from yacht owners and credited to this appropriation: Provided
    further, That notwithstanding section 1116(c) of title 10, United States
    Code, amounts made available under this heading may be used to make
    payments into the Department of Defense Medicare-Eligible Retiree Health
    Care Fund for fiscal year 2003 under section 1116(a) of title 10, United
    States Code: Provided further, That of the amounts made available under
    this heading, not less than $15,686,000 shall be used solely to increase
    staffing at search and rescue stations, surf stations and command
    centers; increase the training and experience level of individuals
    serving in said stations through targeted retention efforts; revise
    personnel policies and expand training programs; and to modernize and
    improve the quantity and quality of personal safety equipment, including
    survival suits, for personnel assigned to said stations:

    [[Page 388]]

    117 STAT. 388

    Provided further, [NOTE: Records. Certification.] That the Comptroller
    General of the United States shall audit and certify to the House and
    Senate Committees on Appropriations that the funding described in the
    preceding proviso is being used solely to supplement and not supplant
    the Coast Guard's level of effort in this area in fiscal year 2002.

    Acquisition, Construction, and Improvements

    For necessary expenses of acquisition, construction, renovation, and
    improvement of aids to navigation, shore facilities, vessels, and
    aircraft, including equipment related thereto, $742,100,000, of which
    $20,000,000 shall be derived from the Oil Spill Liability Trust Fund; of
    which $25,600,000 shall be available to acquire, repair, renovate or
    improve vessels, small boats and related equipment, to remain available
    until September 30, 2007; $4,000,000 shall be available to acquire new
    aircraft and increase aviation capability, to remain available until
    September 30, 2005; $121,300,000 shall be available for other equipment,
    to remain available until September 30, 2005; $50,200,000 shall be
    available for shore facilities and aids to navigation facilities, to
    remain available until September 30, 2005; $63,000,000 shall be
    available for personnel compensation and benefits and related costs, to
    remain available until September 30, 2004; and $478,000,000 shall be
    available for the Integrated Deepwater Systems program, to remain
    available until September 30, 2006: Provided, That the Commandant of the
    Coast Guard is authorized to dispose of surplus real property, by sale
    or lease, and the proceeds shall be credited to this appropriation as
    offsetting collections and made available only for the National Distress
    and Response System Modernization program, to remain available for
    obligation until September 30, 2004: Provided further, That none of the
    funds provided under this heading may be obligated or expended for the
    Integrated Deepwater Systems (IDS) system integration contract in fiscal
    year 2003 until the Secretary or Deputy Secretary of Transportation and
    the Director, Office of Management and Budget jointly certify to the
    House and Senate Committees on Appropriations that funding for the IDS
    program for fiscal years 2004 through 2008, funding for the National
    Distress and Response System Modernization program to allow for full
    deployment of said system by 2006, and funding for other essential
    search and rescue procurements, are fully funded in the Coast Guard
    Capital Investment Plan and within the Office of Management and Budget's
    budgetary projections for the Coast Guard for those years: Provided
    further, That the Director, Office of Management and Budget shall submit
    the budget request for the IDS integration contract delineating sub-
    headings which include the following: systems integrator, ship
    construction, aircraft, equipment, and communication, providing specific
    assets and costs under each subheading: Provided further, That upon
    initial submission to the Congress of the fiscal year 2004 President's
    budget, the Secretary of Transportation shall transmit to the Congress a
    comprehensive capital investment plan for the United States Coast Guard
    which includes funding for each budget line item for fiscal years 2004
    through 2008, with total funding for each year of the plan constrained
    to the funding targets for those years as estimated and approved by the
    Office of Management and Budget: Provided further, That the amount
    herein appropriated shall be reduced by $150,000 per day for each

    [[Page 389]]

    117 STAT. 389

    day after initial submission of the President's budget that the plan has
    not been submitted to the Congress.

    Acquisition, Construction, and Improvements

    (rescission)

    Of the available balances under this heading, $17,000,000 are
    rescinded.

    Environmental Compliance and Restoration

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

    Alteration of Bridges

    For necessary expenses for alteration or removal of obstructive
    bridges, $17,200,000, to remain available until expended: Provided, That
    funds for bridge alteration projects conducted pursuant to 33 U.S.C. 511
    are available only to the extent that the steel, iron, and manufactured
    products used in such projects are produced in the United States, unless
    contrary to law or international agreement, or unless the Commandant of
    the Coast Guard determines such action to be inconsistent with the
    public interest or the cost unreasonable.

    Retired Pay

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

    Reserve Training

    For all necessary expenses of the Coast Guard Reserve, as authorized
    by law; maintenance and operation of facilities; and supplies,
    equipment, and services, $86,495,000.

    Research, Development, Test, and Evaluation

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

    [[Page 390]]

    117 STAT. 390

    FEDERAL AVIATION ADMINISTRATION

    Operations

    For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the public,
    lease or purchase of passenger motor vehicles for replacement only, in
    addition to amounts made available by Public Law 104-264,
    $7,069,019,000, of which $3,799,278,000 shall be derived from the
    Airport and Airway Trust Fund, of which not to exceed $5,716,046,000
    shall be available for air traffic services program activities; not to
    exceed $836,007,000 shall be available for aviation regulation and
    certification program activities; not to exceed $207,600,000 shall be
    available for research and acquisition program activities; not to exceed
    $12,325,000 shall be available for commercial space transportation
    program activities; not to exceed $48,782,000 shall be available for
    financial services program activities; not to exceed $69,307,000 shall
    be available for human resources program activities; not to exceed
    $83,392,000 shall be available for regional coordination program
    activities; not to exceed $82,974,000 shall be available for staff
    offices; and not to exceed $29,650,000 shall be available for
    information services: Provided, That none of the funds in this Act shall
    be available for the Federal Aviation Administration to finalize or
    implement any regulation that would promulgate new aviation user fees
    not specifically authorized by law after the date of the enactment of
    this Act: Provided further, That there may be credited to this
    appropriation funds received from States, counties, municipalities,
    foreign authorities, other public authorities, and private sources, for
    expenses incurred in the provision of agency services, including
    receipts for the maintenance and operation of air navigation facilities,
    and for issuance, renewal or modification of certificates, including
    airman, aircraft, and repair station certificates, or for tests related
    thereto, or for processing major repair or alteration forms: Provided
    further, That of the funds appropriated under this heading, not less
    than $6,000,000 shall be for the contract tower cost-sharing program:
    Provided further, That funds may be used to enter into a grant agreement
    with a nonprofit standard-setting organization to assist in the
    development of aviation safety standards: Provided further, That none of
    the funds in this Act shall be available for new applicants for the
    second career training program: Provided further, That none of the funds
    in this Act shall be available for paying premium pay under 5 U.S.C.
    5546(a) to any Federal Aviation Administration employee unless such
    employee actually performed work during the time corresponding to such
    premium pay: Provided further, That none of the funds in this Act may be
    obligated or expended to operate a manned auxiliary flight service
    station in the contiguous United States: Provided further, That none of
    the funds in this Act for aeronautical charting and cartography are
    available for activities conducted by, or coordinated through, the
    Working Capital Fund.

    [[Page 391]]

    117 STAT. 391

    Facilities and Equipment

    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for acquisition,
    establishment, and improvement by contract or purchase, and hire of air
    navigation and experimental facilities and equipment as authorized under
    part A of subtitle VII of title 49, United States Code, including
    initial acquisition of necessary sites by lease or grant; engineering
    and service testing, including construction of test facilities and
    acquisition of necessary sites by lease or grant; construction and
    furnishing of quarters and related accommodations for officers and
    employees of the Federal Aviation Administration stationed at remote
    localities where such accommodations are not available; and the
    purchase, lease, or transfer of aircraft from funds available under this
    heading; to be derived from the Airport and Airway Trust Fund,
    $2,981,022,000, of which $2,576,366,760 shall remain available until
    September 30, 2005, and of which $404,655,240 shall remain available
    until September 30, 2003: Provided, That there may be credited to this
    appropriation funds received from States, counties, municipalities,
    other public authorities, and private sources, for expenses incurred in
    the establishment and modernization of air navigation facilities:
    Provided further, That [NOTE: Plan.] upon initial submission to the
    Congress of the fiscal year 2004 President's budget, the Secretary of
    Transportation shall transmit to the Congress a comprehensive capital
    investment plan for the Federal Aviation Administration which includes
    funding for each budget line item for fiscal years 2004 through 2008,
    with total funding for each year of the plan constrained to the funding
    targets for those years as estimated and approved by the Office of
    Management and Budget.

    Facilities and Equipment

    (airport and airway trust fund)

    (rescission)

    Of the available balances under this heading, $20,000,000 are
    rescinded.

    Research, Engineering, and Development

    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research,
    engineering, and development, as authorized under part A of subtitle VII
    of title 49, United States Code, including construction of experimental
    facilities and acquisition of necessary sites by lease or grant,
    $148,450,000, to be derived from the Airport and Airway Trust Fund and
    to remain available until September 30, 2005: Provided, That there may
    be credited to this appropriation funds received from States, counties,
    municipalities, other public authorities, and private sources, for
    expenses incurred for research, engineering, and development.

    [[Page 392]]

    117 STAT. 392

    Grants-in-Aid for Airports

    (liquidation of contract authorization)

    (limitation on obligations)

    (airport and airway trust fund)

    For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for implementation of section 203 of Public Law
    106-181; and for inspection activities and administration of airport
    safety programs, including those related to airport operating
    certificates under section 44706 of title 49, United States Code,
    $3,100,000,000, to be derived from the Airport and Airway Trust Fund and
    to remain available until expended: Provided, That none of the funds
    under this heading shall be available for the planning or execution of
    programs the obligations for which are in excess of $3,400,000,000 in
    fiscal year 2003, notwithstanding section 47117(g) of title 49, United
    States Code: Provided further, That notwithstanding any other provision
    of law, not more than $63,620,000 of funds limited under this heading
    shall be obligated for administration and not less than $20,000,000
    shall be for the Small Community Air Service Development Pilot Program.

    Aviation Insurance Revolving Fund

    The Secretary of Transportation is hereby authorized to make such
    expenditures and investments, within the limits of funds available
    pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the
    Government Corporation Control Act, as amended (31 U.S.C. 9104), as may
    be necessary in carrying out the program for aviation insurance
    activities under chapter 443 of title 49, United States Code.

    FEDERAL HIGHWAY ADMINISTRATION

    Limitation on Administrative Expenses

    Necessary expenses for administration and operation of the Federal
    Highway Administration, not to exceed $316,126,000, shall be paid in
    accordance with law from appropriations made available by this Act to
    the Federal Highway Administration together with advances and
    reimbursements received by the Federal Highway Administration: Provided,
    That of the funds available under section 104(a)(1)(A) of title 23,
    United States Code: $7,500,000 shall be available for ``Child Passenger
    Protection Education Grants'' under section 2003(b) of Public Law 105-
    178, as amended; $47,000,000 shall be available for construction of
    State border safety inspection facilities at the United States/Mexico
    border, and shall remain available until expended; $59,967,000 shall be
    available for border enforcement activities required by section 350 of
    Public Law 107-87, and shall remain available until expended;
    $269,700,000 shall be available in addition to funds made available by
    section 330

    [[Page 393]]

    117 STAT. 393

    of this Act, to enable the Secretary of Transportation to make grants
    for surface transportation projects, and shall remain available until
    expended; and $7,000,000 shall be available for environmental
    streamlining activities, which may include making grants to, or entering
    into contracts, cooperative agreements, and other transactions, with a
    Federal agency, State agency, local agency, authority, association,
    nonprofit or for-profit corporation, or institution of higher education:
    Provided further, That notwithstanding any other provision of law, the
    surface transportation projects identified in the Joint Explanatory
    Statement of the Committee of Conference accompanying this Act are
    eligible for funding made available for surface transportation projects
    under this heading: Provided further, That the Federal share payable on
    account of any such project carried out with funds made available under
    this heading shall be 100 percent.

    Federal-Aid Highways

    (limitation on obligations)

    (highway trust fund)

    None [NOTE: 23 USC 104 note.] of the funds in this Act shall be
    available for the implementation or execution of programs, the
    obligations for which are in excess of $31,800,000,000 for Federal-aid
    highways and highway safety construction programs for fiscal year 2003:
    Provided, That within the $31,800,000,000 obligation limitation on
    Federal-aid highways and highway safety construction programs, not more
    than $462,500,000 shall be available for the implementation or execution
    of programs for transportation research (sections 502, 503, 504, 506,
    507, and 508 of title 23, United States Code, as amended; section 5505
    of title 49, Unites States Code, as amended; and sections 5112 and 5204-
    5209 of Public Law 105-178) for fiscal year 2003: Provided further, That
    this limitation on transportation research programs shall not apply to
    any authority previously made available for obligation: Provided
    further, That within the $232,000,000 obligation limitation on
    Intelligent Transportation Systems, the following sums shall be made
    available for Intelligent Transportation System projects that are
    designed to achieve the goals and purposes set forth in section 5203 of
    the Intelligent Transportation Systems Act of 1998 (subtitle C of title
    V of Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502 note) in the
    following specified areas:
    Advance Traveler Information System & Smart Card System,
    Ohio, $1,000,000;
    Advanced Traffic Analysis Center, North Dakota State
    University, $1,000,000;
    Alaska Statewide: Smart Emergency Medical Access System,
    $1,000,000;
    Automated Vehicle Location (AVL) and Mobile Data Terminals--
    PalmTran, Palm Beach, Florida, $850,000;
    Baton Rouge, Louisiana, $750,000;
    Bozeman Pass Wildlife Channelization Study, Montana,
    $250,000;
    Capital District Transportation Authority, Customer
    Information ITS Project, New York, $800,000;
    CCTA Burlington Multimodal Transit Center, Vermont,
    $500,000;

    [[Page 394]]

    117 STAT. 394

    C-DOT ITS for I-70 Tunnels, Colorado, $3,700,000;
    Center for Injury Sciences UAB Crash Notification, Alabama,
    $3,000,000;
    Central Florida Regional Trans. Authority Orange/Seminole
    ITS, $1,500,000;
    Chapel Hill Transit, North Carolina, real time passenger
    information system and vehicle location system, $750,000;
    Chattanooga (CARTA) ITS, Tennessee, $1,875,000;
    Cicero Avenue travel information system, Illinois, $300,000;
    City of Austin, Texas ITS Deployment Program, Texas,
    $500,000;
    City of Boston intelligent transportation system,
    Massachusetts, $1,000,000;
    City of Inglewood, California intelligent transportation
    system deployment project, $500,000;
    CVISN, New Mexico, $525,000;
    DelDOT Integrated Transportation Management System, DelTrac,
    Statewide Transit Passenger Information System, Delaware,
    $1,000,000;
    Elkhorn Boulevard Project, Sacramento, California, $125,000;
    Emergency Vehicle Access Program, Antrim, Pennsylvania,
    $60,000;
    Emergency Vehicle Optical Pre-Emption, Town of Islip, New
    York, $595,000;
    Flint Mass Transportation Authority ITS program, Michigan,
    $1,000,000;
    Fog Detection Improvements and Traffic Monitoring, Rural
    Mountain Region, North Carolina, $200,000;
    Gettysburg Borough Signal Coordination and Upgrade-
    Signalization; Adams County, Pennsylvania, $1,500,000;
    GMU ITS Research, Virginia, $1,000,000;
    Great Lakes ITS program, Michigan, $1,500,000;
    Harrison County Sheriff's Department ITS, Mississippi,
    $750,000;
    HART Bus Tracking & Communication, Florida, $4,000,000;
    Hoosier SAFE-T, Indiana, $500,000;
    Houma, Louisiana, $1,250,000;
    Huntsville, Alabama, $1,500,000;
    I-80 Dynamic Message Signs, Southern Wyoming, $3,000,000;
    I-90 Truck Wind Warning System, Columbia River, Washington,
    $125,000;
    Idaho Commercial Vehicle Systems and Networks (CVISN),
    $750,000;
    Illinois Statewide, $2,500,000;
    Intelligent transportation, Autonomous dial-a-ride transit
    (ADART) phase IV implementation, Corpus Christi, Texas,
    $500,000;
    Intermodal ITS center, Orleans Parish, Louisiana, $500,000;
    Interstate 95/Interstate 40 travel information improvements,
    Johnston County, North Carolina, $500,000;
    Iowa Statewide ITS, Iowa, $1,400,000;
    Kansas City Scout Advanced Traffic Management System,
    Missouri, $1,500,000;

    [[Page 395]]

    117 STAT. 395

    Kansas City, Kansas Smart Port, $500,000;
    Kent Intracity Transit Project, Washington, $1,500,000;
    Law Enforcement Communications for Security, Biometrics,
    Iowa, $2,550,000;
    Lynnwood ITS, Washington, $2,000,000;
    Macomb County ITS Integration, Michigan, $250,000;
    Maine Statewide Rural Advanced Traveler Info. System,
    $1,000,000;
    Maryland Statewide ITS, $1,000,000;
    Metrolina Traffic Management Center Communication, North
    Carolina, $2,000,000;
    MetroLink Los Angeles Union Station (LAUS) passenger
    information delivery system project, California, $500,000;
    Minnesota Guidestar, $9,100,000;
    Missouri Statewide Rural ITS, $2,150,000;
    Montachusett Area Regional Transit (MART) advanced vehicle
    located system, Massachusetts, $200,000;
    Monterey-Salinas Transit, intelligent transportation system,
    California, $750,000;
    Nebraska Statewide ITS, $3,000,000;
    New Bedford ITS Port Information Center, Massachusetts,
    $1,000,000;
    New York Metropolitan Area enhanced operations, New York,
    $655,000;
    Northern Virginia ITS, Virginia, $750,000;
    Oklahoma Statewide ITS, $2,750,000;
    Pennsylvania Turnpike Commission, Pennsylvania, $2,000,000;
    Program of Projects, Washington, $5,000,000;
    Providence Transportation Information Center ITS, Rhode
    Island, $1,500,000;
    Richmond Highway intelligent transportation system project,
    Virginia, $400,000;
    Round Rock, Texas, Williamson County, Communications
    Integration, $500,000;
    Rural Highway Information System, Kentucky, $6,000,000;
    Sacramento Area Council of Governments, Sacramento region
    intelligent transportation system projects, California,
    $1,000,000;
    Salem, New Hampshire ITS, $900,000;
    San Diego Joint Transportation Operations Center,
    California, $2,000,000;
    Santa Teresa Border Tech Center, New Mexico State
    University, $1,000,000;
    Shreveport ITS, Louisiana, $1,000,000;
    Sierra Madre Intermodal Transportation Center, California,
    $1,500,000;
    South Carolina DOT Statewide ITS, $1,500,000;
    South Com Regional Dispatch Trauma Center, Matteson, Olympia
    Fields, and Richton Park, Illinois, $100,000;
    SR-68/Riverside Dr. ITS, Espanola, New Mexico, $500,000;
    State of Wisconsin, deployment of commercial vehicle
    information system and networks, level one capability, $500,000;
    Statewide Transportation Operations Center, Kentucky,
    $1,365,000;

    [[Page 396]]

    117 STAT. 396

    Surface Transportation Institute, University of North
    Dakota, $1,000,000;
    Surveillance Camera and Transportation Management Center,
    Des Moines, Iowa, $400,000;
    The Rapid, Grand Rapids, Michigan Public Transportation,
    $1,000,000;
    Traffic Corridor Communications System, Lake County,
    Illinois, $2,000,000;
    Tri-Cities Advanced Traffic Management System, Washington,
    $500,000;
    Tucson ER-LINK ITS project, Arizona, $625,000;
    UALR Intelligent transportation system, Little Rock,
    Arkansas, $250,000;
    University of Nebraska Lincoln SMART Transportation,
    $1,000,000;
    University of Kentucky Transportation Center, $1,500,000;
    US-395 Columbia River Bridge Traffic Operations and Traveler
    Information System, Washington, $250,000;
    Utah ITS Commuter Link, Davis and Utah Counties, $1,000,000;
    Vermont Statewide Rural Advanced Traveler System,
    $1,500,000;
    Vermont Variable Message Signs, $1,000,000;
    Washington, DC Metro ITS, $2,000,000; and
    Wisconsin State Patrol Mobile Data Communications Network
    Upgrade, $2,000,000.

    Federal-Aid Highways

    (liquidation of contract authorization)

    (highway trust fund)

    (highway trust fund)

    For carrying out the provisions of title 23, United States Code,
    that are attributable to Federal-aid highways, including the National
    Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not
    otherwise provided, including reimbursement for sums expended pursuant
    to the provisions of 23 U.S.C. 308, $32,000,000,000 or so much thereof
    as may be available in and derived from the Highway Trust Fund, to
    remain available until expended.

    (rescission)

    Of the unobligated balances made available under Public Law 103-331,
    Public Law 102-388, Public Law 102-240, Public Law 102-143, Public Law
    101-516, Public Law 97-424, Public Law 101-164, Public Law 100-17, and
    Public Law 95-599, $5,609,337 is rescinded.

    (rescission)

    Of the unobligated balances of funds apportioned to each State under
    the programs authorized under sections 1101(a)(1), 1101(a)(2),
    1101(a)(3), 1101(a)(4) and 1101(a)(5) of Public Law 105-178, as amended,
    $250,000,000 are rescinded.

    [[Page 397]]

    117 STAT. 397

    Appalachian Development Highway System

    For necessary expenses for the Appalachian Development Highway
    System as authorized under section 1069(y) of Public Law 102-240, as
    amended, $188,000,000, to remain available until expended.

    FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

    motor carrier safety

    limitation on administrative expenses

    (highway trust fund)

    For necessary expenses for administration of motor carrier safety
    programs and motor carrier safety research, pursuant to section
    104(a)(1)(B) of title 23, United States Code, not to exceed $117,464,000
    shall be paid in accordance with law from appropriations made available
    by this Act and from any available take-down balances to the Federal
    Motor Carrier Safety Administration, together with advances and
    reimbursements received by the Federal Motor Carrier Safety
    Administration: Provided, That such amounts shall be available to carry
    out the functions and operations of the Federal Motor Carrier Safety
    Administration.

    National Motor Carrier Safety Program

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    Notwithstanding any other provision of law, for payment of
    obligations incurred in carrying out 49 U.S.C. 31102, 31106 and 31309,
    $190,000,000, to be derived from the Highway Trust Fund and to remain
    available until expended: Provided, That none of the funds in this Act
    shall be available for the implementation or execution of programs the
    obligations for which are in excess of $190,000,000 for ``Motor Carrier
    Safety Grants'', and ``Information Systems''.

    NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

    Operations and Research

    For expenses necessary to discharge the functions of the Secretary,
    with respect to traffic and highway safety under chapter 301 of title
    49, United States Code, and part C of subtitle VI of title 49, United
    States Code, $138,288,000, of which $98,161,131 shall remain available
    until September 30, 2005: Provided, That none of the funds appropriated
    by this Act may be obligated or expended to plan, finalize, or implement
    any rulemaking to add to section 575.104 of title 49 of the Code of
    Federal Regulations any requirement pertaining to a grading standard
    that is different from the three grading standards (treadwear, traction,
    and temperature resistance) already in effect.

    [[Page 398]]

    117 STAT. 398

    Operations and Research

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 403, to remain available until expended, $72,000,000, to be
    derived from the Highway Trust Fund: Provided, That none of the funds in
    this Act shall be available for the planning or execution of programs
    the total obligations for which, in fiscal year 2003, are in excess of
    $72,000,000 for programs authorized under 23 U.S.C. 403.

    National Driver Register

    (highway trust fund)

    For expenses necessary to discharge the functions of the Secretary
    with respect to the National Driver Register under chapter 303 of title
    49, United States Code, $2,000,000, to be derived from the Highway Trust
    Fund, and to remain available until expended.

    Highway Traffic Safety Grants

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    Notwithstanding any other provision of law, for payment of
    obligations incurred in carrying out the provisions of 23 U.S.C. 402,
    405, and 410, to remain available until expended, $225,000,000, to be
    derived from the Highway Trust Fund: Provided, That none of the funds in
    this Act shall be available for the planning or execution of programs
    the total obligations for which, in fiscal year 2003, are in excess of
    $225,000,000 for programs authorized under 23 U.S.C. 402, 405, and 410,
    of which $165,000,000 shall be for ``Highway Safety Programs'' under 23
    U.S.C. 402, $20,000,000 shall be for ``Occupant Protection Incentive
    Grants'' under 23 U.S.C. 405, and $40,000,000 shall be for ``Alcohol-
    Impaired Driving Countermeasures Grants'' under 23 U.S.C. 410: Provided
    further, That none of these funds shall be used for construction,
    rehabilitation, or remodeling costs, or for office furnishings and
    fixtures for State, local, or private buildings or structures: Provided
    further, That not to exceed $8,150,000 of the funds made available for
    section 402, not to exceed $1,000,000 of the funds made available for
    section 405, and not to exceed $2,000,000 of the funds made available
    for section 410 shall be available to NHTSA for administering highway
    safety grants under chapter 4 of title 23, United States Code: Provided
    further, That not to exceed $500,000 of the funds made available for
    section 410 ``Alcohol-Impaired Driving Countermeasures Grants'' shall be
    available for technical assistance to the States.

    [[Page 399]]

    117 STAT. 399

    FEDERAL RAILROAD ADMINISTRATION

    Safety and Operations

    For necessary expenses of the Federal Railroad Administration, not
    otherwise provided for, $117,363,000, of which $6,636,000 shall remain
    available until expended.

    Railroad Research and Development

    For necessary expenses for railroad research and development,
    $29,325,000, to remain available until expended.

    Railroad Rehabilitation and Improvement Program

    The Secretary of Transportation is authorized to issue to the
    Secretary of the Treasury notes or other obligations pursuant to section
    512 of the Railroad Revitalization and Regulatory Reform Act of 1976
    (Public Law 94-210), as amended, in such amounts and at such times as
    may be necessary to pay any amounts required pursuant to the guarantee
    of the principal amount of obligations under sections 511 through 513 of
    such Act, such authority to exist as long as any such guaranteed
    obligation is outstanding: Provided, That pursuant to section 502 of
    such Act, as amended, no new direct loans or loan guarantee commitments
    shall be made using Federal funds for the credit risk premium during
    fiscal year 2003: Provided further, That no payments of principal or
    interest shall be collected during fiscal year 2003 for the direct loan
    made to the National Railroad Passenger Corporation under section 502 of
    such Act.

    Next Generation High-Speed Rail

    For necessary expenses for the Next Generation High-Speed Rail
    program as authorized under 49 U.S.C. 26101 and 26102, $30,450,000,  to
    remain available until expended.

    Alaska Railroad Rehabilitation

    To enable the Secretary of Transportation to make grants to the
    Alaska Railroad, $22,000,000 shall be for capital rehabilitation and
    improvements benefiting its passenger operations, to remain available
    until expended.

    Grants to the National Railroad Passenger Corporation

    To enable the Secretary of Transportation to make grants to the
    National Railroad Passenger Corporation, $1,050,000,000, to remain
    available until September 30, 2003, including $522,000,000 for quarterly
    grants for operating expenses, $295,000,000 for quarterly grants for
    capital expenses along the Northeast Corridor Mainline, and $233,000,000
    for quarterly grants for general capital improvements: Provided, That
    the Secretary of Transportation shall approve funding to cover operating
    losses on a long-distance train of the National Railroad Passenger
    Corporation only after receiving and reviewing a grant request for each
    specific train route: Provided further, That each such grant request
    shall be accompanied by a detailed financial analysis and revenue
    projection justifying the Federal support to the Secretary's
    satisfaction: Provided further,

    [[Page 400]]

    117 STAT. 400

    That the Secretary of Transportation and the Amtrak Board of Directors
    shall ensure that, of the amount made available under this heading,
    sufficient sums are reserved to satisfy the contractual obligations of
    the National Railroad Passenger Corporation for commuter and intercity
    passenger rail [NOTE: Deadline. Plan.] service: Provided further, That
    within 60 days of enactment of this Act but not later than May 1, 2003,
    Amtrak shall transmit to the Secretary of Transportation and the House
    and Senate Committees on Appropriations a business plan for operating
    and capital improvements to be funded in fiscal year 2003 under section
    24104(a) of title 49, United States Code: Provided further, That the
    business plan shall include a description of the work to be funded,
    along with cost estimates and an estimated timetable for completion of
    the projects covered by this business plan: Provided
    further, [NOTE: Deadline. Reports.] That not later than June 1, 2003
    and each month thereafter, Amtrak shall submit to the Secretary of
    Transportation and the House and Senate Committees on Appropriations a
    supplemental report regarding the business plan, which shall describe
    the work completed to date, any changes to the business plan, and the
    reasons for such changes: Provided further, That excluding payments made
    before March 1, 2003, none of the funds in this Act may be used for
    operating expenses and capital projects not approved by the Secretary of
    Transportation nor on the National Railroad Passenger Corporation's
    fiscal year 2003 business plan: Provided further, That none of the funds
    under this heading may be obligated or expended until the National
    Railroad Passenger Corporation agrees to continue abiding by the
    provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary of
    conditions for the direct loan agreement of June 28, 2002, in the same
    manner as in effect on the date of enactment of this Act.

    FEDERAL TRANSIT ADMINISTRATION

    Administrative Expenses

    For necessary administrative expenses of the Federal Transit
    Administration's programs authorized by chapter 53 of title 49, United
    States Code, $14,600,000: Provided, That no more than $73,000,000 of
    budget authority shall be available for these purposes: Provided
    further, That of the funds in this Act available for the execution of
    contracts under section 5327(c) of title 49, United States Code,
    $2,000,000 shall be reimbursed to the Department of Transportation's
    Office of Inspector General for costs associated with audits and
    investigations of transit-related issues, including reviews of new fixed
    guideway systems: Provided further, That not to exceed $2,600,000 for
    the National transit database shall remain available until expended.

    Formula Grants

    (including transfer of funds)

    For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310,
    5311, 5327, and section 3038 of Public Law 105-178, $767,800,000, to
    remain available until expended: Provided, That no more than
    $3,839,000,000 of budget authority shall be available for these
    purposes: Provided further, That notwithstanding section 3008 of Public
    Law 105-178, $50,000,000 of the funds to carry out 49 U.S.C. 5308 shall
    be transferred to and merged with funding

    [[Page 401]]

    117 STAT. 401

    provided for the replacement, rehabilitation, and purchase of buses and
    related equipment and the construction of bus-related facilities under
    ``Federal Transit Administration, Capital investment grants''.

    University Transportation Research

    For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000, to
    remain available until expended: Provided, That no more than $6,000,000
    of budget authority shall be available for these purposes.

    Transit Planning and Research

    For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305,
    5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $24,200,000, to remain
    available until expended: Provided, That no more than $122,000,000 of
    budget authority shall be available for these purposes: Provided
    further, That $5,250,000 is available to provide rural transportation
    assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to carry out
    programs under the National Transit Institute (49 U.S.C. 5315),
    $8,250,000 is available to carry out transit cooperative research
    programs (49 U.S.C. 5313(a)), $60,385,600 is available for metropolitan
    planning (49 U.S.C. 5303, 5304, and 5305), $12,614,400 is available for
    State planning (49 U.S.C. 5313(b)); and $31,500,000 is available for the
    national planning and research program (49 U.S.C. 5314).

    Trust Fund Share of Expenses

    (liquidation of contract authorization)

    (highway trust fund)

    Notwithstanding any other provision of law, for payment of
    obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-5315,
    5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of Public
    Law 105-178, $5,781,000,000, to remain available until expended, and to
    be derived from the Mass Transit Account of the Highway Trust Fund:
    Provided, That $3,071,200,000 shall be paid to the Federal Transit
    Administration's formula grants account: Provided further, That
    $97,800,000 shall be paid to the Federal Transit Administration's
    transit planning and research account: Provided further, That
    $58,400,000 shall be paid to the Federal Transit Administration's
    administrative expenses account: Provided further, That $4,800,000 shall
    be paid to the Federal Transit Administration's university
    transportation research account: Provided further, That $120,000,000
    shall be paid to the Federal Transit Administration's job access and
    reverse commute grants program: Provided further, That $2,428,800,000
    shall be paid to the Federal Transit Administration's capital investment
    grants account.

    Capital Investment Grants

    (including transfer of funds)

    For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and
    5327, $607,200,000, to remain available until expended: Provided, That
    no more than $3,036,000,000 of budget authority shall be available for
    these purposes: Provided further, That there

    [[Page 402]]

    117 STAT. 402

    shall be available for fixed guideway modernization, $1,214,400,000;
    there shall be available for the replacement, rehabilitation, and
    purchase of buses and related equipment and the construction of bus-
    related facilities, $607,200,000, which shall include $50,000,000 made
    available under 5309(m)(3)(C) of this title, plus $50,000,000
    transferred from ``Federal Transit Administration, Formula Grants''; and
    there shall be available for new fixed guideway systems $1,214,400,000,
    together with $45,000,000 transferred from the Job Access and Reverse
    Commute Grants Program account and all unobligated balances made
    available in Public Law 105-277 to carry out section 3037 of Public Law
    105-178, as amended; to be available as follows:
    Alaska-Hawaii Setaside, $10,296,000;
    Altamont, CA, Commuter Express Maintenance Facility San
    Joaquin Rail Commission, $1,000,000;
    Atlanta North Springs, GA (North Line Extension),
    $16,110,000;
    Baltimore, MD, Central LRT Double Tracking Project,
    $18,000,000;
    Birmingham, AL, Transit Corridor Study, $2,000,000;
    Boston, MA, North Shore Corridor Project, $338,000;
    Boston, MA, South Boston Piers Transitway, $681,000;
    Bridgeport, CT, Intermodal Transportation Center Project,
    $2,500,000;
    Burlington-Middlebury, VT, Commuter Rail, $1,500,000;
    Central Phoenix/East Valley, AZ, Light Rail, $12,000,000;
    Charlotte, NC, South Corridor Light Rail Transit Project,
    $11,000,000;
    Chicago Transit Authority, IL, Dougals Branch
    Reconstruction, $55,000,000;
    Chicago Transit Authority, IL, Ravenswood Reconstruction,
    $3,000,000;
    Cleveland, OH, Euclid Corridor Transportation Project,
    $6,000,000;
    Dallas, TX, North Central Light Rail Extension, $60,000,000;
    Denver, CO, Southeast Center LRT (T-REX), $70,000,000;
    Fort Lauderdale, Tri-County Commuter Rail Upgrades,
    $29,250,000;
    Houston, TX, Advanced Metro Transit Plan, $11,000,000;
    Las Vegas, NV, Resort Corridor Fixed Guideway, $7,000,000;
    Little Rock, AR, River Rail Streetcar Project, $1,700,000;
    Los Angeles, CA, Eastside Corridor LRT, $4,000,000;
    Los Angeles, CA, North Hollywood Red Line, $40,490,000;
    Lowell, MA to Nashua, NH, Commuter Rail Extension,
    $3,000,000;
    Maryland, MARC Commuter Rail Improvements, $11,750,000;
    Memphis, TN, Medical Center Rail Extension, $15,610,000;
    Metra Commuter Rail and Line Extension Projects (North
    Central, Union Pacific West, SouthWest), $52,000,000;
    Metro North Rolling Stock, CT, $4,000,000;
    Minneapolis, MN, Hiawatha Corridor LRT, $60,000,000;
    Minneapolis, MN, Northstar Corridor, $5,000,000;
    Nashville, TN, East Corridor Commuter Rail, $4,000,000;

    [[Page 403]]

    117 STAT. 403

    New Jersey, Hudson-Bergen Light Rail--MOS1, $19,200,000;
    New Jersey, Hudson-Bergen Light Rail--MOS2, $50,000,000;
    New Orleans, LA, Canal Street Streetcar Project,
    $22,000,000;
    New York, Long Island Railroad East Side Access Project,
    $13,500,000;
    New York, Second Avenue Subway, $2,000,000;
    Newark-Elizabeth, NJ, Rail Link, $60,000,000;
    Northern Indiana South Shore Commuter Rail Project,
    $2,500,000;
    Oceanside-Escondido, CA, Rail Corridor, $13,600,000;
    Ogden to Provo, UT, Commuter Rail Corridor, $5,000,000;
    Orange County, CA, Centerline Light Rail Project,
    $1,500,000;
    Pawtucket, RI, Layover Facility, $4,500,000;
    Pittsburgh, PA, North Shore Connector, $7,025,000;
    Pittsburgh, PA, Stage II LRT Reconstruction, $26,250,000;
    Portland, OR, Interstate MAX Light Rail Extension,
    $70,000,000;
    Puget Sound, WA, Sounder Commuter Rail, $30,000,000;
    Raleigh, NC, Triangle Transit Regional Rail Service,
    $9,000,000;
    Salt Lake City, UT, CBD to University LRT, $68,760,000;
    Salt Lake City, UT, Medical Center LRT, $12,000,000;
    Salt Lake City, UT, North/South LRT, $720,000;
    San Diego, CA, Trolley Mission Valley East LRT Extension,
    $65,000,000;
    San Francisco, CA, BART Extension to San Francisco Airport,
    $100,000,000;
    San Francisco, CA, Third Street Light Rail Extension (Phase
    II), $1,500,000;
    San Jose, CA, Silicon Valley Rapid Transit Corridor Project,
    $250,000;
    San Juan, PR, Tren Urbano, $40,000,000;
    Scranton, PA to New York City, NY, Passenger Rail Service,
    $2,000,000;
    SEPTA, PA, Schuylkill Valley Metro Line, $9,000,000;
    St. Louis, MO, Metrolink, St. Clair Extension, $3,370,000;
    Stamford, CT, Urban Transitway, $10,000,000;
    Vermont Transportation Authority Rolling Stock, $500,000;
    Virginia Railway Express project, $2,000,000;
    Washington, DC, Dulles Corridor Rapid Transit Project,
    $26,500,000;
    Washington, DC/MD, Largo Extension, $60,000,000;
    Wilmington, DE, Train Station improvements, $2,000,000;
    Wilsonville-Beaverton Commuter Rail Line, OR, $2,500,000.

    Job Access and Reverse Commute Grants

    Notwithstanding section 3037(l)(3) of Public Law 105-178, as
    amended, for necessary expenses to carry out section 3037 of the Federal
    Transit Act of 1998, $30,000,000, to remain available until expended:
    Provided, That no more than $150,000,000 of budget authority shall be
    available for these purposes: Provided further,

    [[Page 404]]

    117 STAT. 404

    That up to $300,000 of the funds provided under this heading may be used
    by the Federal Transit Administration for technical assistance and
    support and performance reviews of the Job Access and Reverse Commute
    Grants program: Provided further, That $45,000,000 of the funds provided
    under this heading together with all unobligated balances made available
    in Public Law 105-277 to carry out section 3037 of Public Law 105-178
    shall be transferred to and merged with funds for new fixed guideway
    systems under the Federal Transit Administration's Capital Investment
    Grants account.

    SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

    Saint Lawrence Seaway Development Corporation

    The Saint Lawrence Seaway Development Corporation is hereby
    authorized to make such expenditures, within the limits of funds and
    borrowing authority available to the Corporation, and in accord with
    law, and to make such contracts and commitments without regard to fiscal
    year limitations as provided by section 104 of the Government
    Corporation Control Act, as amended, as may be necessary in carrying out
    the programs set forth in the Corporation's budget for the current
    fiscal year.

    Operations and Maintenance

    (harbor maintenance trust fund)

    For necessary expenses for operations and maintenance of those
    portions of the Saint Lawrence Seaway operated and maintained by the
    Saint Lawrence Seaway Development Corporation, $14,086,000, to be
    derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
    99-662.

    RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

    Research and Special Programs

    For expenses necessary to discharge the functions of the Research
    and Special Programs Administration, $40,980,000, of which $645,000
    shall be derived from the Pipeline Safety Fund, and of which $3,250,000
    shall remain available until September 30, 2005: Provided, That up to
    $1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited
    in the general fund of the Treasury as offsetting receipts: Provided
    further, That there may be credited to this appropriation, to be
    available until expended, funds received from States, counties,
    municipalities, other public authorities, and private sources for
    expenses incurred for training, for reports publication and
    dissemination, and for travel expenses incurred in performance of
    hazardous materials exemptions and approvals functions.

    [[Page 405]]

    117 STAT. 405

    Pipeline Safety

    (pipeline safety fund)

    (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the pipeline
    safety program, for grants-in-aid to carry out a pipeline safety
    program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
    program responsibilities of the Oil Pollution Act of 1990, $63,842,000,
    of which $7,472,000 shall be derived from the Oil Spill Liability Trust
    Fund and shall remain available until September 30, 2005; of which
    $56,370,000 shall be derived from the Pipeline Safety Fund, of which
    $24,823,000 shall remain available until September 30, 2005.

    Emergency Preparedness Grants

    (emergency preparedness fund)

    For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
    be derived from the Emergency Preparedness Fund, to remain available
    until September 30, 2005: Provided, That not more than $14,300,000 shall
    be made available for obligation in fiscal year 2003 from amounts made
    available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That none
    of the funds made available by 49 U.S.C. 5116(i) and 5127(d) shall be
    made available for obligation by individuals other than the Secretary of
    Transportation, or his designee.

    OFFICE OF INSPECTOR GENERAL

    Salaries and Expenses

    For necessary expenses of the Office of Inspector General to carry
    out the provisions of the Inspector General Act of 1978, as amended,
    $57,421,000: Provided, That the Inspector General shall have all
    necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3) to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department: Provided further, That the funds made available under
    this heading shall be used to investigate, pursuant to section 41712 of
    title 49, United States Code: (1) unfair or deceptive practices and
    unfair methods of competition by domestic and foreign air carriers and
    ticket agents; and (2) the compliance of domestic and foreign air
    carriers with respect to item (1) of this proviso.

    SURFACE TRANSPORTATION BOARD

    Salaries and Expenses

    For necessary expenses of the Surface Transportation Board,
    including services authorized by 5 U.S.C. 3109, $19,450,000: Provided,
    That notwithstanding any other provision of law, not to exceed
    $1,000,000 from fees established by the Chairman of the Surface
    Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized

    [[Page 406]]

    117 STAT. 406

    expenses under this heading: Provided further, That the sum herein
    appropriated from the general fund shall be reduced on a dollar-for-
    dollar basis as such offsetting collections are received during fiscal
    year 2003, to result in a final appropriation from the general fund
    estimated at no more than $18,450,000.

    TITLE II

    RELATED AGENCIES

    ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

    Salaries and Expenses

    For expenses necessary for the Architectural and Transportation
    Barriers Compliance Board, as authorized by section 502 of the
    Rehabilitation Act of 1973, as amended $5,194,000: Provided, That,
    notwithstanding any other provision of law, there may be credited to
    this appropriation funds received for publications and training
    expenses.

    NATIONAL TRANSPORTATION SAFETY BOARD

    Salaries and Expenses

    For necessary expenses of the National Transportation Safety Board,
    including hire of passenger motor vehicles and aircraft; services as
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for a GS-15; uniforms, or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
    $72,450,000, of which not to exceed $2,000 may be used for official
    reception and representation expenses.

    TITLE III

    GENERAL PROVISIONS

    (including transfers of funds)

    Sec. 301. During the current fiscal year applicable appropriations
    to the Department of Transportation shall be available for maintenance
    and operation of aircraft; hire of passenger motor vehicles and
    aircraft; purchase of liability insurance for motor vehicles operating
    in foreign countries on official department business; and uniforms, or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 302. Such sums as may be necessary for fiscal year 2003 pay
    raises for programs funded in this Act shall be absorbed within the
    levels appropriated in this Act or previous appropriations Acts.
    Sec. 303. Appropriations contained in this Act for the Department of
    Transportation shall be available for services as authorized by 5 U.S.C.
    3109, but at rates for individuals not to exceed the per diem rate
    equivalent to the rate for an Executive Level IV.
    Sec. 304. None of the funds in this Act shall be available for
    salaries and expenses of more than 106 political and Presidential
    appointees in the Department of Transportation: Provided, That none of
    the personnel covered by this provision or political and

    [[Page 407]]

    117 STAT. 407

    Presidential appointees in an independent agency funded in this Act may
    be assigned on temporary detail outside the Department of Transportation
    or such independent agency.
    Sec. 305. None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
    Sec. 306. None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
    Sec. 307. [NOTE: Contracts. Public information.] The expenditure
    of any appropriation under this Act for any consulting service through
    procurement contract pursuant to section 3109 of title 5, United States
    Code, shall be limited to those contracts where such expenditures are a
    matter of public record and available for public inspection, except
    where otherwise provided under existing law, or under existing Executive
    order issued pursuant to existing law.

    Sec. 308. None of the funds in this Act shall be used to implement
    section 404 of title 23, United States Code.
    Sec. 309. [NOTE: 49 USC 5338 note.] The limitations on obligations
    for the programs of the Federal Transit Administration shall not apply
    to any authority under 49 U.S.C. 5338, previously made available for
    obligation, or to any other authority previously made available for
    obligation.

    Sec. 310. [NOTE: 23 USC 104 note.] (a) For fiscal year 2003, the
    Secretary of Transportation shall--
    (1) not distribute from the obligation limitation for
    Federal-aid Highways amounts authorized for administrative
    expenses and programs funded from the administrative takedown
    authorized by section 104(a)(1)(A) of title 23, United States
    Code, for the highway use tax evasion program and for the Bureau
    of Transportation Statistics;
    (2) not distribute an amount from the obligation limitation
    for Federal-aid Highways that is equal to the unobligated
    balance of amounts made available from the Highway Trust Fund
    (other than the Mass Transit Account) for Federal-aid highways
    and highway safety programs for the previous fiscal year the
    funds for which are allocated by the Secretary;
    (3) determine the ratio that--
    (A) the obligation limitation for Federal-aid
    Highways less the aggregate of amounts not distributed
    under paragraphs (1) and (2), bears to
    (B) the total of the sums authorized to be
    appropriated for Federal-aid highways and highway safety
    construction programs (other than sums authorized to be
    appropriated for sections set forth in paragraphs (1)
    through (7) of subsection (b) and sums authorized to be
    appropriated for section 105 of title 23, United States
    Code, equal to the amount referred to in subsection
    (b)(8)) for such fiscal year less the aggregate of the
    amounts not distributed under paragraph (1) of this
    subsection;
    (4) distribute the obligation limitation for Federal-aid
    Highways less the aggregate amounts not distributed under
    paragraphs (1) and (2) of section 117 of title 23, United States
    Code (relating to high priority projects program), section 201
    of the Appalachian Regional Development Act of 1965, the Woodrow
    Wilson Memorial Bridge Authority Act of 1995, and

    [[Page 408]]

    117 STAT. 408

    $2,000,000,000 for such fiscal year under section 105 of title
    23, United States Code (relating to minimum guarantee) so that
    the amount of obligation authority available for each of such
    sections is equal to the amount determined by multiplying the
    ratio determined under paragraph (3) by the sums authorized to
    be appropriated for such section (except in the case of section
    105, $2,000,000,000) for such fiscal year;
    (5) distribute the obligation limitation provided for
    Federal-aid Highways less the aggregate amounts not distributed
    under paragraphs (1) and (2) and amounts distributed under
    paragraph (4) for each of the programs that are allocated by the
    Secretary under title 23, United States Code (other than
    activities to which paragraph (1) applies and programs to which
    paragraph (4) applies) by multiplying the ratio determined under
    paragraph (3) by the sums authorized to be appropriated for such
    program for such fiscal year: Provided, That the amount of
    obligation limitation distributed for each program does not
    exceed 90 percent of the amount authorized to be appropriated
    for such program, except that for each of the programs
    authorized under section 129(c) of title 23, United States Code
    and section 1064 of Public Law 102-240, as amended, sections
    1118 and 1119 of Public Law 105-178, as amended, section
    1101(a)(11) of Public Law 105-178, as amended, section 118(c) of
    title 23, United States Code, section 144(g) of title 23, United
    States Code, section 1221 of Public Law 105-178, as amended,
    section 1101(a)(15) of Public Law 105-178, as amended, section
    104(b)(1)(A) of title 23, United States Code, section 104(d)(1)
    of title 23, United States Code, and section 202(b) of title 23,
    United States Code (excluding the portion to be made available
    for Forest Highways under such subsection), the amount of
    obligation limitation distributed for each program shall equal
    the amount authorized to be appropriated for such program; and
    (6) distribute the obligation limitation provided for
    Federal-aid Highways less the aggregate amounts not distributed
    under paragraphs (1) and (2) and amounts distributed under
    paragraphs (4) and (5) for Federal-aid highways and highway
    safety construction programs (other than the minimum guarantee
    program, but only to the extent that amounts apportioned for the
    minimum guarantee program for such fiscal year exceed
    $2,639,000,000, and the Appalachian development highway system
    program) that are apportioned by the Secretary under title 23,
    United States Code, in the ratio that--
    (A) sums authorized to be appropriated for such
    programs that are apportioned to each State for such
    fiscal year, bear to
    (B) the total of the sums authorized to be
    appropriated for such programs that are apportioned to
    all States for such fiscal year.

    (b) The obligation limitation for Federal-aid Highways shall not
    apply to obligations: (1) under section 125 of title 23, United States
    Code; (2) under section 147 of the Surface Transportation Assistance Act
    of 1978; (3) under section 9 of the Federal-Aid Highway Act of 1981; (4)
    under sections 131(b) and 131(j) of the Surface Transportation
    Assistance Act of 1982; (5) under sections 149(b) and 149(c) of the
    Surface Transportation and Uniform Relocation Assistance Act of 1987;
    (6) under sections 1103 through 1108

    [[Page 409]]

    117 STAT. 409

    of the Intermodal Surface Transportation Efficiency Act of 1991; (7)
    under section 157 of title 23, United States Code, as in effect on the
    day before the date of the enactment of the Transportation Equity Act
    for the 21st Century; and (8) under section 105 of title 23, United
    States Code (but, only in an amount equal to $639,000,000 for such
    fiscal year).
    (c) Notwithstanding subsection (a), the Secretary shall after August
    1 for such fiscal year revise a distribution of the obligation
    limitation made available under subsection (a) if a State will not
    obligate the amount distributed during that fiscal year and redistribute
    sufficient amounts to those States able to obligate amounts in addition
    to those previously distributed during that fiscal year giving priority
    to those States having large unobligated balances of funds apportioned
    under sections 104 and 144 of title 23, United States Code, section 160
    (as in effect on the day before the enactment of the Transportation
    Equity Act for the 21st Century) of title 23, United States Code, and
    under section 1015 of the Intermodal Surface Transportation Efficiency
    Act of 1991 (105 Stat. 1943-1945).
    (d) [NOTE: Applicability.] The obligation limitation shall apply
    to transportation research programs carried out under chapter 5 of title
    23, United States Code, except that obligation authority made available
    for such programs under such limitation shall remain available for a
    period of 3 fiscal years.

    (e) [NOTE: Deadline.] Not later than 30 days after the date of the
    distribution of obligation limitation under subsection (a), the
    Secretary shall distribute to the States any funds: (1) that are
    authorized to be appropriated for such fiscal year for Federal-aid
    highways programs (other than the program under section 160 of title 23,
    United States Code) and for carrying out subchapter I of chapter 311 of
    title 49, United States Code, and highway-related programs under chapter
    4 of title 23, United States Code; and (2) that the Secretary determines
    will not be allocated to the States, and will not be available for
    obligation, in such fiscal year due to the imposition of any obligation
    limitation for such fiscal year. Such distribution to the States shall
    be made in the same ratio as the distribution of obligation authority
    under subsection (a)(6). The funds so distributed shall be available for
    any purposes described in section 133(b) of title 23, United States
    Code.

    (f) Obligation limitation distributed for a fiscal year under
    subsection (a)(4) of this section for a section set forth in subsection
    (a)(4) shall remain available until used and shall be in addition to the
    amount of any limitation imposed on obligations for Federal-aid highway
    and highway safety construction programs for future fiscal years.
    Sec. 311. (a) No recipient of funds made available in this Act shall
    disseminate personal information (as defined in 18 U.S.C. 2725(3))
    obtained by a State department of motor vehicles in connection with a
    motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
    in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not withhold
    funds provided in this Act for any grantee if a State is in
    noncompliance with this provision.
    Sec. 312. None of the funds in this Act shall be available to plan,
    finalize, or implement regulations that would establish a vessel traffic
    safety fairway less than five miles wide between

    [[Page 410]]

    117 STAT. 410

    the Santa Barbara Traffic Separation Scheme and the San Francisco
    Traffic Separation Scheme.
    Sec. 313. [NOTE: 49 USC 44502 note.] Notwithstanding any other
    provision of law, airports may transfer, without consideration, to the
    Federal Aviation Administration (FAA) instrument landing systems (along
    with associated approach lighting equipment and runway visual range
    equipment) which conform to FAA design and performance specifications,
    the purchase of which was assisted by a Federal airport-aid program,
    airport development aid program or airport improvement program grant:
    Provided, That, the Federal Aviation Administration shall accept such
    equipment, which shall thereafter be operated and maintained by FAA in
    accordance with agency criteria.

    Sec. 314. Notwithstanding any other provision of law, and except for
    fixed guideway modernization projects, funds made available by this Act
    under ``Federal Transit Administration, Capital investment grants'' for
    projects specified in this Act or identified in reports accompanying
    this Act not obligated by September 30, 2005, and other recoveries,
    shall be made available for other projects under 49 U.S.C. 5309.
    Sec. 315. Notwithstanding any other provision of law, any funds
    appropriated before October 1, 2002, under any section of chapter 53 of
    title 49, United States Code, that remain available for expenditure may
    be transferred to and administered under the most recent appropriation
    heading for any such section.
    Sec. 316. None of the funds in this Act may be used to compensate in
    excess of 350 technical staff-years under the federally funded research
    and development center contract between the Federal Aviation
    Administration and the Center for Advanced Aviation Systems Development
    during fiscal year 2003.
    Sec. 317. Notwithstanding any other provision of law, whenever an
    allocation is made of the sums authorized to be appropriated for
    expenditure on the Federal lands highway program, and whenever an
    apportionment is made of the sums authorized to be appropriated for
    expenditure on the surface transportation program, the congestion
    mitigation and air quality improvement program, the National Highway
    System, the Interstate maintenance program, the bridge program, the
    Appalachian development highway system, and the minimum guarantee
    program, the Secretary of Transportation shall--
    (1) deduct a sum in such amount not to exceed .45 percent of
    all sums so made available, as the Secretary determines
    necessary, to administer the provisions of law to be financed
    from appropriations for motor carrier safety programs and motor
    carrier safety research: Provided, That any deduction by the
    Secretary of Transportation in accordance with this subsection
    shall be deemed to be a deduction under section 104(a)(1)(B) of
    title 23, United States Code, and the sum so deducted shall
    remain available until expended; and
    (2) deduct a sum in such amount not to exceed 2.65 percent
    of all sums so made available, as the Secretary determines
    necessary to administer the provisions of law to be financed
    from appropriations for the programs authorized under chapters 1
    and 2 of title 23, United States Code, and to make transfers in
    accordance with section 104(a)(1)(A)(ii) of title 23, United
    States Code: Provided, That any deduction by the Secretary of
    Transportation in accordance with this subsection shall be
    deemed to be a deduction under section 104(a)(1)(A) of title

    [[Page 411]]

    117 STAT. 411

    23, United States Code, and the sum so deducted shall remain
    available until expended.

    Sec. 318. Funds received by the Federal Highway Administration,
    Federal Transit Administration, and Federal Railroad Administration from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training may be credited respectively
    to the Federal Highway Administration's ``Federal-Aid Highways''
    account, the Federal Transit Administration's ``Transit Planning and
    Research'' account, and to the Federal Railroad Administration's
    ``Safety and Operations'' account, except for State rail safety
    inspectors participating in training pursuant to 49 U.S.C. 20105.
    Sec. 319. Funds made available for Alaska or Hawaii ferry boats or
    ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
    used to construct new vessels and facilities, or to improve existing
    vessels and facilities, including both the passenger and vehicle-related
    elements of such vessels and facilities, and for repair facilities:
    Provided, That not more than $3,000,000 of the funds made available
    pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State of Hawaii
    to initiate and operate a passenger ferryboat services demonstration
    project to test the viability of different intra-island and inter-island
    ferry boat routes and technology: Provided further, That notwithstanding
    49 U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii ferry
    boats may be used to acquire passenger ferry boats and to provide
    passenger ferry transportation services within areas of the State of
    Hawaii under the control or use of the National Park Service.
    Sec. 320. Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
    the Federal-aid highways account for the purpose of reimbursing the
    Bureau for such expenses: Provided, That such funds shall be subject to
    the obligation limitation for Federal-aid highways and highway safety
    construction.
    Sec. 321. (a) Section 47107 of title 49, United States Code, is
    amended by inserting after section 47107(p) the following:
    ``(q) Notwithstanding any written assurances prescribed in
    subsections (a) through (p), a general aviation airport with more than
    300,000 annual operations may be exempt from having to accept scheduled
    passenger air carrier service, provided that the following conditions
    are met:
    ``(1) No scheduled passenger air carrier has provided
    service at the airport within 5 years prior to January 1, 2002.
    ``(2) The airport is located within the Class B airspace of
    an airport that maintains an airport operating certificate
    pursuant to section 44706 of title 49.
    ``(3) The certificated airport operating under section 44706
    of title 49 has sufficient capacity and does not contribute to
    significant delays as defined by DOT/FAA in the `Airport
    Capacity Benchmark Report 2001'.

    ``(r) An airport that meets the conditions of subsections (q)(1)
    through (3) is not subject to section 47524 of title 49 with respect to
    a prohibition on all scheduled passenger service.''.
    (b) [NOTE: Effective date. 49 USC 47107 note.] This section shall
    be effective upon enactment, notwithstanding any other section of title
    49.

    Sec. 322. None of the funds in this Act shall, in the absence of
    express authorization by Congress, be used directly or indirectly

    [[Page 412]]

    117 STAT. 412

    to pay for any personal service, advertisement, telegraph, telephone,
    letter, printed or written material, radio, television, video
    presentation, electronic communications, or other device, intended or
    designed to influence in any manner a Member of Congress or of a State
    legislature to favor or oppose by vote or otherwise, any legislation or
    appropriation by Congress or a State legislature after the introduction
    of any bill or resolution in Congress proposing such legislation or
    appropriation, or after the introduction of any bill or resolution in a
    State legislature proposing such legislation or appropriation: Provided,
    That this shall not prevent officers or employees of the Department of
    Transportation or related agencies funded in this Act from communicating
    to Members of Congress or to Congress, on the request of any Member, or
    to members of a State legislature, or to a State legislature, through
    the proper official channels, requests for legislation or appropriations
    which they deem necessary for the efficient conduct of business.
    Sec. 323. (a) Funds provided in Public Law 106-69 for the
    Wilmington, Delaware downtown transit connector and funds provided in
    Public Law 106-346 for the Wilmington downtown corridor project shall be
    available for Wilmington, Delaware commuter rail improvements.
    (b) Funds provided in Public Law 106-346 for Missoula Ravalli
    Transportation Management Administration buses shall be available for
    Missoula Ravalli Transportation Management Administration buses and bus
    facilities.
    Sec. 324. (a) In General.--Hereafter, none of the funds made
    available in this Act may be expended by an entity unless the entity
    agrees that in expending the funds the entity will comply with the Buy
    American Act (41 U.S.C. 10a-10c).
    (b) Sense of the Congress; Requirement Regarding Notice.--
    (1) Purchase of american-made equipment and products.--In
    the case of any equipment or product that may be authorized to
    be purchased with financial assistance provided using funds made
    available in this Act, it is the sense of the Congress that
    entities receiving the assistance should, in expending the
    assistance, purchase only American-made equipment and products
    to the greatest extent practicable.
    (2) Notice to recipients of assistance.--In providing
    financial assistance using funds made available in this Act, the
    head of each Federal agency shall provide to each recipient of
    the assistance a notice describing the statement made in
    paragraph (1) by the Congress.

    (c) Prohibition of Contracts With Persons Falsely Labeling Products
    as Made in America.--If it has been finally determined by a court or
    Federal agency that any person intentionally affixed a label bearing a
    ``Made in America'' inscription, or any inscription with the same
    meaning, to any product sold in or shipped to the United States that is
    not made in the United States, the person shall be ineligible to receive
    any contract or subcontract made with funds made available in this Act,
    pursuant to the debarment, suspension, and ineligibility procedures
    described in sections 9.400 through 9.409 of title 48, Code of Federal
    Regulations.
    Sec. 325. Notwithstanding any other provision of law, Walnut Ridge
    Regional Airport shall transfer to the Federal Aviation Administration
    (FAA) their localizer instrument landing system,

    [[Page 403]]

    117 STAT. 413

    which shall thereafter be operated and maintained by FAA in accordance
    with agency criteria.
    Sec. 326. Notwithstanding any other provision of law, Williams
    Gateway Airport shall transfer to the Federal Aviation Administration
    (FAA) air traffic control tower equipment, which shall thereafter be
    operated and maintained by FAA in accordance with agency criteria.
    Sec. 327. Section 218(a) of title 23, United States Code, is amended
    by inserting ``reauthorization of the'' before ``Transportation''.
    Sec. 328. Notwithstanding any other provision of law, rule or
    regulation, the Secretary of Transportation is authorized to allow the
    issuer of any preferred stock heretofore sold to the Department to
    redeem or repurchase such stock upon the payment to the Department of an
    amount determined by the Secretary.
    Sec. 329. None of the funds in this Act may be used to make a grant
    unless the Secretary of Transportation, or the Secretary of the
    department in which the Transportation Security Administration is
    operating, notifies the House and Senate Committees on Appropriations
    not less than 3 full business days before any discretionary grant award,
    letter of intent, or full funding grant agreement totaling $1,000,000 or
    more is announced by the department or its modal administrations from:
    (1) any discretionary grant program of the Federal Highway
    Administration other than the emergency relief program; (2) the airport
    improvement program of the Federal Aviation Administration; (3) any
    program of the Federal Transit Administration other than the formula
    grants and fixed guideway modernization programs; or (4) any port
    security grants totaling $500,000 or more of the Transportation Security
    Administration: Provided, That no notification shall involve funds that
    are not available for obligation.
    Sec. 330. In addition to amounts otherwise made available in this
    Act, to enable the Secretary of Transportation to make grants for
    surface transportation projects, $90,600,000, to remain available until
    expended: Provided, That notwithstanding any other provision of law, the
    surface transportation projects identified in the Joint Explanatory
    Statement of the Committee of Conference accompanying this Act are
    eligible for funding made available by the immediately preceding clause
    of this provision.
    Sec. 331. None of the funds made available in this Act may be used
    for engineering work related to an additional runway at Louis Armstrong
    New Orleans International Airport.
    Sec. 332. (a) None of the funds made available in this Act shall be
    available for the design or construction of a light rail system in
    Houston, Texas.
    (b) Notwithstanding (a), amounts made available in this Act or
    previous Acts under the heading ``Federal Transit Administration,
    Capital investment grants'' for a Houston, Texas, Metro advanced transit
    plan project shall be available for obligation or expenditure subject to
    the following conditions:
    (1) Sufficient amounts shall be used for major investment
    studies in 4 major corridors.
    (2) The Texas Department of Transportation shall review and
    comment on the findings of the studies under paragraph (1). Any
    comments by such department on such findings shall be included
    in any final report on such studies.

    [[Page 414]]

    117 STAT. 414

    (3) [NOTE: Public information. Deadline.] If a final
    report on the studies under paragraph (1) is not available for
    at least the 1-month period preceding the date of any referendum
    held by the City of Houston, Texas, or by a county of Texas,
    regarding approval of the issuance of bonds for funding a light
    rail system in Houston, Texas, all information developed by such
    studies regarding passenger and cost estimates for such a system
    shall be made available to the public at least 1 month before
    the date of the referendum.

    Sec. 333. Of the funds provided in section 101(a)(2) of Public Law
    107-42, $90,000,000 are rescinded.
    Sec. 334. (a) The Secretary of Transportation shall enter into an
    agreement with the National Academy of Sciences under which agreement
    the National Academy of Sciences shall conduct a study of the procedures
    by which the Department of Energy, together with the Department of
    Transportation and the Nuclear Regulatory Commission, selects routes for
    the shipment of spent nuclear fuel from research nuclear reactors
    between or among existing Department of Energy facilities currently
    licensed to accept such spent nuclear fuel.
    (b) In conducting the study under subsection (a), the National
    Academy of Sciences shall analyze the manner in which the Department of
    Energy--
    (1) selects potential routes for the shipment of spent
    nuclear fuel from research nuclear reactors between or among
    existing Department facilities currently licensed to accept such
    spent nuclear fuel;
    (2) selects such a route for a specific shipment of such
    spent nuclear fuel; and
    (3) conducts assessments of the risks associated with
    shipments of such spent nuclear fuel along such a route.

    (c) The analysis under subsection (b) shall include a consideration
    whether, and to what extent, the procedures analyzed for purposes of
    that subsection take into account the following:
    (1) The proximity of the routes under consideration to major
    population centers and the risks associated with shipments of
    spent nuclear fuel from research nuclear reactors through
    densely populated areas.
    (2) Current traffic and accident data with respect to the
    routes under consideration.
    (3) The quality of the roads comprising the routes under
    consideration.
    (4) Emergency response capabilities along the routes under
    consideration.
    (5) The proximity of the routes under consideration to
    places or venues (including sports stadiums, convention centers,
    concert halls and theaters, and other venues) where large
    numbers of people gather.

    (d) In conducting the study under subsection (a), the National
    Academy of Sciences shall also make such recommendations regarding the
    matters studied as the National Academy of Sciences considers
    appropriate.
    (e) [NOTE: Deadline.] The Secretary shall disburse to the National
    Academy of Sciences the funds for the cost of the study required by
    subsection (a) not later than 30 days after the date of the enactment of
    this Act.

    (f) [NOTE: Deadline. Reports.] Not later than 6 months after the
    date of the disbursal of funds under subsection (e), the National
    Academy of Sciences

    [[Page 415]]

    117 STAT. 415

    shall submit to the appropriate committees of Congress a report on the
    study conducted under subsection (a), including the recommendations
    required by subsection (d).

    (g) In this section, the term ``appropriate committees of Congress''
    means--
    (1) the Committees on Commerce, Science, and Transportation,
    Energy and Natural Resources, and Environment and Public Works
    of the Senate;
    (2) the Committee on Energy and Commerce of the House of
    Representatives; and
    (3) the Committees on Appropriations of the House of
    Representatives and the Senate.

    Sec. 335. None of the funds in this Act shall be used to pursue or
    adopt guidelines or regulations requiring airport sponsors to provide to
    the Federal Aviation Administration and the Transportation Security
    Administration without cost building construction, maintenance,
    utilities and expenses, or space in airport sponsor-owned buildings for
    services relating to air traffic control, air navigation, aviation
    security or weather reporting: Provided, That the prohibition of funds
    in this section does not apply to negotiations between the agency and
    airport sponsors to achieve agreement on ``below-market'' rates for
    these items or to grant assurances that require airport sponsors to
    provide land without cost to the FAA for air traffic control facilities
    and the TSA for necessary security checkpoints.
    Sec. 336. For the purpose of any applicable law, for fiscal year
    2003, the City of Norman, Oklahoma, shall be considered to be part of
    the Oklahoma City Transportation Management Area.
    Sec. 337. For an airport project that the Administrator of the
    Federal Aviation Administration (FAA) determines will add critical
    airport capacity to the national air transportation system, the
    Administrator is authorized to accept funds from an airport sponsor,
    including entitlement funds provided under the ``Grants-in-Aid for
    Airports'' program, for the FAA to hire additional staff or obtain the
    services of consultants: Provided, That the Administrator is authorized
    to accept and utilize such funds only for the purpose of facilitating
    the timely processing, review, and completion of environmental
    activities associated with such project.
    Sec. 338. (a) In General.--Notwithstanding any other provision of
    subchapter I of Chapter 471 of title 49, the Secretary of Transportation
    may provide grants under such subchapter I of chapter 471 to the airport
    sponsor of the Double Eagle II Airport in Albuquerque, New Mexico, for--
    (1) the construction of an air traffic control tower; and
    (2) the acquisition and installation of air traffic control
    equipment to be used in the air traffic control tower that will
    assist in sustaining or improving the safe and efficient
    movement of air traffic.

    (b) Eligibility.--The sponsor shall be eligible for a grant under
    this section if--
    (1) the sponsor would otherwise be eligible to participate
    in the pilot program established under section 47124(b)(3) of
    title 49 except for the lack of the air traffic control tower
    proposed to be constructed under this section; and
    (2) the sponsor agrees to fund not less than 10 percent of
    the costs of construction of the air traffic control tower.

    [[Page 416]]

    117 STAT. 416

    (c) Project Costs.--Grants under this act shall be paid only from
    amounts apportioned to the sponsor or for airports in the State under
    section 47114(d) of title 49, United States Code.
    (d) Federal Cost.--The Federal cost of construction of an air
    traffic control tower under this section may not exceed $1,800,000.
    Sec. 339. Notwithstanding any other provision of law, States may use
    funds provided in this Act under section 402 of title 23, United States
    Code, to produce and place highway safety public service messages in
    television, radio, cinema, and print media, and on the Internet in
    accordance with guidance issued by the Secretary of Transportation:
    Provided, [NOTE: Reports.] That any State that uses funds for such
    public service messages shall submit to the Secretary a report
    describing and assessing the effectiveness of the messages: Provided
    further, That $10,000,000 of the funds allocated for innovative seat
    belt projects under section 157 of title 23, United States Code, and
    $11,000,000 of funds allocated under section 163 of title 23, United
    States Code, shall be used as directed by the National Highway Traffic
    Safety Administrator, to purchase advertising in broadcast media to
    support the national mobilizations conducted in all 50 States, aimed at
    increasing seat belt use and reducing impaired driving: Provided
    further, That up to $1,000,000 of the funds allocated under section 163
    of title 23, United States Code, shall be used by the Administrator to
    evaluate the effectiveness of alcohol-impaired driving programs that
    purchase advertising as provided by this section.

    Sec. 340. For purposes of entering into joint public-private
    partnerships and other cooperative arrangements for the performance of
    work, the Coast Guard Yard and other Coast Guard specialized facilities
    designated by the Commandant may enter into agreements or other
    arrangements, receive and retain funds from and pay funds to such public
    and private entities, and may accept contributions of funds, materials,
    services, and the use of facilities from such entities: Provided, That
    amounts received under this section may be credited to appropriate Coast
    Guard accounts.
    Sec. 341. None of the funds in this Act may be obligated for the
    Office of the Secretary of Transportation to approve assessments or
    reimbursable agreements pertaining to funds appropriated to the modal
    administrations in this Act, except for activities underway on the date
    of enactment of this Act, unless such assessments or agreements have
    completed the normal reprogramming process for Congressional
    notification.
    Sec. 342. [NOTE: Reports.] None of the funds in this Act may be
    expended to issue, implement, or enforce a regulation that diminishes or
    revokes an exemption authorized under section 345 of the National
    Highway System Designation Act of 1995 (Public Law 104-59; 109 Stat.
    613; 49 U.S.C. 31136 note) before the Secretary of Transportation
    determines by a rulemaking proceeding that the exemptions granted are
    not in the public interest and adversely affects the safety of
    commercial motor vehicles with respect to such exemption that is
    required under subsection (c) of such section and, as under subsection
    (d), if a result of monitoring the safety performance of drivers of
    commercial vehicles that are subject to an exemption under section 345,
    the Secretary determines that public safety has been severely affected
    by an exemption granted under this section, the Secretary shall report
    to Congress that determination: Provided, That this limitation shall not
    preclude

    [[Page 417]]

    117 STAT. 417

    the Secretary from revoking an exemption granted to an individual, farm,
    company, or other entity under section 345 of Public Law 104-59 for
    national security reasons.

    Sec. 343. (a) From the unexpended balances of the Local Rail Freight
    Assistance program under chapter 221 of title 49, United States Code,
    $690,287 are rescinded.
    (b) For the necessary expenses of the State of Iowa for a rail
    infrastructure rehabilitation project on the Iowa Northern Railway,
    $690,287, to remain available until expended.
    Sec. 344. In addition to amounts otherwise made available in this
    Act, to enable the Secretary of Transportation to make grants for
    surface transportation projects, $285,000,000, to be derived from the
    Highway Trust Fund (other than the Mass Transit Account) and to remain
    available until expended: Provided, That notwithstanding any other
    provision of law, the surface transportation projects identified in the
    Joint Explanatory Statement of the Committee of Conference accompanying
    this Act are eligible for funding made available by the immediately
    preceding clause of this provision.
    Sec. 345. Notwithstanding any other provision of law--
    (1) in section 1602 of the Transportation Equity Act for the
    21st Century--
    (A) item number 426 (112 Stat. 272) is amended by
    striking ``Louisiana Highway 16'' and inserting the
    following: ``Louisiana Highway 1026'';
    (B) item number 696 (112 Stat. 383), relating to
    Gettysburg, Pennsylvania, is amended by inserting after
    ``Gettysburg comprehensive road improvement study'' the
    following: ``and construction of projects identified in
    the study'';
    (C) item number 230 [NOTE: 112 Stat. 265.] is
    amended by striking ``Construct new exit 46A on I-90 at
    route 170 in North Chili'' and inserting ``Monroe County
    transportation improvements on Long Pond Road,
    Pattonwood Road, and Leyll road'';
    (D) item number 1344 (112 Stat. 306) is amended by
    striking ``Upgrade'' and all that follows through
    ``City'' and inserting the following: ``Upgrade Frederic
    Douglas Circle and Manhattan Avenue from West 110th
    Street to West 125th Street, New York City'';
    (E) item number 1108 [NOTE: 112 Stat. 298.] is
    amended by striking ``Construct'' and all that follows
    through ``Brownsville'' and inserting ``Construct west
    Rail Project in or near Brownsville, including a new
    railroad international bridge crossing over the Rio
    Grande River'';
    (F) item number 1269 (112 Stat. 303) is amended by
    striking ``Implement'' and all that follows through
    ``system'' and inserting the following: ``New York City
    Department of Parks and Recreation, Bronx, NY Center
    Transportation Project'';
    (G) item number 933 (112 Stat. 291) is amended by
    striking ``Redesign'' and all that follows through
    ``City'' and inserting the following: ``Design,
    construction and related enhancement of the Grand
    Concourse between E. 161st St. and E. 166th St., New
    York City'';
    (H) item number 75 (112 Stat. 259) is amended by
    striking ``Construct'' and all that follows through
    ``Route''

    [[Page 418]]
    117 STAT. 418

    and inserting the following: ``Bronx, NY River
    Greenway''; and
    (I) item number 1735 (112 Stat. 320) is amended by
    inserting: ``, and/or, notwithstanding any other
    provision of law, design, and construction of Type II
    noise abatement projects south of the new interchange
    and Neshaminy Creek, along Interstate 95 between Exit 25
    and 26 in Bensalem Township, Bucks County'' after
    ``improvements'';
    (2) section 3030(d)(3) of the Transportation Equity Act for
    the 21st Century (Public Law 105-178) [NOTE: 115 Stat.
    871.] is amended by redesignating the second subparagraph (D)
    (as added by section 361 of Public Law 107-87) as subparagraph
    (E) and by inserting at the end:
    ``(F) Port of Anchorage Intermodal passenger and
    freight facility.
    ``(G) Mobile Waterfront Terminal and Maritime Center
    of the Gulf.''.
    (3) of the $668,000 appropriated under the heading ``Surface
    Transportation Projects'' in Public Law 103-331 for CA 113
    railroad grade separation, California, the unobligated share
    shall be available for railroad grade separation for the City of
    Dixon, Solano County, California;
    (4) the $500,000 appropriated under the heading ``Surface
    Transportation Projects'' in Public Law 103-331 for 6th and 7th
    Sts. improvements Brownsville, TX may be used to construct the
    West Rail project in or near Brownsville, including a new
    international railroad bridge crossing over the Rio Grande
    River;
    (5) section 610, section 609(c), and the last sentence of
    section 604(b)(1) of [NOTE: 45 USC 1203, 1208, 1209.] Public
    Law 97-468 are repealed; and
    (6) for the purpose of further leveraging Federal resources
    and enhancing private investment supporting the financing of
    public toll roads in Orange County, California, authorized by
    section 129(d) of title 23, United States Code, the Secretary of
    Transportation shall modify the agreements entered into with the
    San Joaquin Hills Transportation Corridor Agency and the
    Foothill Eastern Transportation Corridor Agency pursuant to
    section 339 of Public Law 102-388, section 336 of Public Law
    103-331 and section 356 of Public Law 104-50, to extend the term
    of coverage provided by such lines throughout the term of the
    revenue bonds issued to acquire, finance or refinance those
    facilities, including revenue bonds issued by a new joint powers
    agency to finance the acquisition of assets from the existing
    Transportation Corridor Agencies: Provided, That notwithstanding
    any other provision of law, such modifications shall be deemed
    eligible under section 184 of title 23, United States Code, and
    shall be funded under section 188 of title 23, United States
    Code: Provided further, That notwithstanding any other provision
    of law, any amounts of the original Federal lines of credit not
    drawn upon, up to the combined original principal amount of
    $240,000,000, shall continue to be available for draws until
    such revenue bonds have been retired: Provided further, That
    notwithstanding any other provision of law, not more than 20
    percent of the combined original principal amount shall be
    available for draws in any 1 year: Provided
    further, [NOTE: Deadline.] That notwithstanding any other
    provision of law, any draw (except for operation and maintenance

    [[Page 419]]
    117 STAT. 419

    expenses) shall be repaid not later than 5 years following the
    year in which such revenue bonds have been retired. In
    implementing this section, the Secretary may modify other terms
    of the existing Federal lines of credit, including by combining
    them into a single line of credit the principal amount of which
    is limited to $240,000,000, provided that the marginal budgetary
    cost of any such additional modifications is funded under
    section 188 of title 23, United States Code.

    Sec. 346. None of the funds in this Act may be obligated or expended
    by the Federal Motor Carrier Safety Administration for the development
    or implementation of a pilot program for the purpose of allowing
    commercial drivers 18 to 20 years of age to operate the trucks and buses
    of motor carriers in interstate commerce.
    Sec. 347. Section 1023(h) of the Intermodal Surface Transportation
    Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102-240) is
    amended--
    (1) in the subsection heading, by inserting ``Over-the-Road
    Buses and'' before ``Public''; and
    (2) in paragraph (1), by striking ``to any vehicle which''
    and inserting the following: ``to--
    ``(A) any over-the-road bus (as defined in section
    301 of the Americans with Disabilities Act of 1990 (42
    U.S.C. 12181)); or
    ``(B) any vehicle that''.

    Sec. 348. [NOTE: Reports.] Funds appropriated or limited in this
    Act shall be subject to the terms and conditions stipulated in section
    350 of Public Law 107-87, including that the Secretary submit a report
    to the House and Senate Appropriations Committees annually on the safety
    and security of transportation into the United States by Mexico-
    domiciled motor carriers.

    Sec. 349. 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. 350. [NOTE: Deadline. Reports. 49 USC 24315 note.] On
    February 15, 2003, and on each year thereafter, the National Railroad
    Passenger Corporation shall submit to the appropriate Congressional
    Committees a report detailing the per passenger operating loss on each
    rail line.

    Sec. 351. Deputation of Law Enforcement Officers. (a) Deputation
    Authority.--Subchapter I of chapter 449 of title 49, United States Code,
    is amended by adding at the end the following:

    ``SEC. 44922. DEPUTATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.

    ``(a) Deputation Authority.--The Under Secretary of Transportation
    for Security may deputize a State or local law enforcement officer to
    carry out Federal airport security duties under this chapter.
    ``(b) Fulfillment of Requirements.--A State or local law enforcement
    officer who is deputized under this section shall be treated as a
    Federal law enforcement officer for purposes of meeting the requirements
    of this chapter and other provisions of law to provide Federal law
    enforcement officers to carry out Federal airport security duties.

    [[Page 420]]

    117 STAT. 420

    ``(c) Agreements.--To deputize a State or local law enforcement
    officer under this section, the Under Secretary shall enter into a
    voluntary agreement with the appropriate State or local law enforcement
    agency that employs the State or local law enforcement officer.
    ``(d) Reimbursement.--
    ``(1) In general.--The Under Secretary shall reimburse a
    State or local law enforcement agency for all reasonable,
    allowable, and allocable costs incurred by the State or local
    law enforcement agency with respect to a law enforcement officer
    deputized under this section.
    ``(2) Authorization of appropriations.--There are authorized
    to be appropriated such sums as may be necessary to carry out
    this subsection.

    ``(e) Federal Tort Claims Act.--A State or local law enforcement
    officer who is deputized under this section shall be treated as an
    `employee of the Government' for purposes of sections 1346(b), 2401(b),
    and chapter 171 of title 28, United States Code, while carrying out
    Federal airport security duties within the course and scope of the
    officer's employment, subject to Federal supervision and control, and in
    accordance with the terms of such deputation.
    ``(f) Stationing of Officers.--The Under Secretary may allow law
    enforcement personnel to be stationed other than at the airport security
    screening location if that would be preferable for law enforcement
    purposes and if such personnel would still be able to provide prompt
    responsiveness to problems occurring at the screening location.''.
    (b) Security Service Fee.--Section 44940(a)(1) of title 49, United
    States Code, is amended by adding at the end the following: ``For
    purposes of subparagraph (A), the term `Federal law enforcement
    personnel' includes State and local law enforcement officers who are
    deputized under section 44922.''.
    (c) Conforming Amendment.--The table of sections for chapter 449 of
    title 49, United States Code, is amended by adding at the end of the
    items relating to subchapter I the following:

    ``44922. Deputation of State and local law enforcement officers.''.

    (d) Deputation of Federal Law Enforcement Officers.--Section
    114(q)(1) of title 49, United States Code, is amended by adding ``or
    other Federal agency'' after ``Transportation Security Administration''.
    Sec. 352. FAA Notice to Airmen FDC 2/0199. (a) In General.--The
    Secretary of Transportation--
    (1) shall maintain in full force and effect, for a period of
    1 year after the date of enactment of this Act, the restrictions
    imposed under Federal Aviation Administration Notice to Airmen
    FDC 2/0199 and the restrictions that had been in effect on
    September 26, 2002 and that were imposed under local Notices to
    Airmen based on or derived from Notice to Airmen FDC 1/3353;
    (2) shall rescind immediately any waivers or exemptions from
    those restrictions that are in effect on the date of enactment
    of this Act; and
    (3) may not grant any waivers or exemptions from those
    restrictions, except--
    (A) as authorized by air traffic control for
    operational or safety purposes;

    [[Page 421]]

    117 STAT. 421

    (B) for operational purposes of an event, stadium,
    or other venue, including (in the case of a sporting
    event) equipment or parts, transport of team members,
    officials of the governing body and immediate family
    members and guests of such teams and officials to and
    from the event, stadium, or other venue;
    (C) for broadcast coverage for any broadcast rights
    holder;
    (D) for safety and security purposes of the event,
    stadium, or other venue; or
    (E) to operate an aircraft in restricted airspace to
    the extent necessary to arrive at or depart from an
    airport using standard air traffic procedures.

    (b) Waivers.--Beginning no earlier than 1 year after the date of
    enactment of this Act, the Secretary may modify or terminate such
    restrictions, or issue waivers or exemptions from such restrictions, if
    the Secretary promulgates, after public notice and an opportunity for
    comment, a rule setting forth the standards under which the Secretary
    may grant a waiver or exemption. Such standards shall provide a level of
    security at least equivalent to that provided by the waiver policy
    applied by the Secretary as of the date of enactment of this Act.
    (c) Funding Limitation.--Unless and until the Secretary promulgates
    a rule in accordance with subsection (b) above, none of the funds made
    available in this Act or any other Act may be used to terminate or limit
    the restrictions described in paragraph (a)(1) above or to grant waivers
    of, or exemptions from, such restrictions except as provided in
    paragraph (a)(3) above.
    (d) Broadcast Contracts Not Affected.--Nothing in this section shall
    be construed to affect contractual rights pertaining to any broadcasting
    agreement.
    Sec. 353. None of the funds in this Act shall be used to procure
    Coast Guard ships, including main diesel engines, unless such
    procurement is in compliance with the Buy American Act, 41 U.S.C. 10(a)-
    10(d).
    Sec. 354. Title 49, United States Code, is amended by striking
    subsection (d) of section 13703 and relettering subsequent subsections
    accordingly.
    Sec. 355. No funds appropriated in this Act may be used to apply or
    enforce a regulatory requirement for strengthening of flight deck doors
    on classes of aircraft not specifically required to take such action
    under Public Law 107-71, section 104(a)(1), unless and until the Under
    Secretary of Transportation for Security, after opportunity for notice
    and comment, determines that such strengthening is necessary for
    aviation security purposes.
    Sec. 356. Insert the following new section at the end of chapter 53
    of title 49, United States Code:
    ``Sec. 5339. Effective for funds not yet expended on the effective
    date of this section, the Federal share for funds under this chapter for
    a grantee named in section 603(14) of Public Law 97-468 shall be the
    same as the Federal share under 23 U.S.C. section 120(b) for Federal aid
    highway funds apportioned to the State in which it operates.''.
    Sec. 357. (a) In General.--As soon as practicable after the date of
    enactment of this Act, the Secretary of Transportation shall enter into
    an agreement with the State of Nevada, the State of Arizona, or both, to
    provide a method of funding for construction

    [[Page 422]]

    117 STAT. 422

    of a Hoover Dam Bypass Bridge from funds allocated for the Federal Lands
    Highway Program under section 202(b) of title 23, United States Code.
    (b) Methods of Funding.--
    (1) The agreement entered into under subsection (a) shall
    provide for funding in a manner consistent with the advance
    construction and debt instrument financing procedures for
    Federal-aid Highways set forth in sections 115 and 122 of title
    23, except that the funding source may include funds made
    available under the Federal Lands Highway Program.
    (2) Eligibility for funding under this subsection shall not
    be construed as a commitment, guarantee, or obligation on the
    part of the United States to provide for payment of principal or
    interest of an eligible debt financing instrument as so defined
    in section 122, nor create a right of a third party against the
    United States for payment under an eligible debt financing
    instrument. The agreement entered into pursuant to subsection
    (a) shall make specific reference to this provision of law.
    (3) The provisions of this section do not limit the use of
    other available funds for which the project referenced in
    subsection (a) is eligible.

    Sec. 358. Hereafter, none of the funds appropriated or otherwise
    made available in this Act may be made available to any person or entity
    convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 359. For fiscal year 2003, notwithstanding any other provision
    of law, historic covered bridges eligible for Federal assistance under
    section 1224 of the Transportation Equity Act for the 21st Century, as
    amended, may be funded from amounts set aside for the discretionary
    bridge program.
    Sec. 360. [NOTE: Reports.] None of the funds provided in this Act
    or prior Appropriations Acts for Coast Guard ``Acquisition,
    construction, and improvements'' shall be available after the fifteenth
    day of any quarter of any fiscal year, unless the Commandant of the
    Coast Guard first submits to the House and Senate Committees on
    Appropriations a quarterly report on the agency's mission hour emphasis
    and a quarterly report on all major Coast Guard acquisition projects
    including projects executed for the Coast Guard by the United States
    Navy and vessel traffic service projects: Provided, That such
    acquisition reports shall include an acquisition schedule, estimated
    current and year funding requirements, and a schedule of anticipated
    obligations and outlays for each major acquisition project: Provided
    further, That such acquisition reports shall rate on a relative scale
    the cost risk, schedule risk, and technical risk associated with each
    acquisition project and include a table detailing unobligated balances
    to date and anticipated unobligated balances at the close of the fiscal
    year and the close of the following fiscal year should the
    Administration's pending budget request for the acquisition,
    construction, and improvements account be fully funded: Provided
    further, That such acquisition reports shall also provide abbreviated
    information on the status of shore facility construction and renovation
    projects: Provided further, That all information submitted in such
    mission hour emphasis and acquisition reports shall be current as of the
    last day of the preceding quarter.

    Sec. 361. Of the funds made available for fiscal year 2003 in
    section 188(a)(1) of title 23, United States Code, along with

    [[Page 423]]

    117 STAT. 423

    any available unobligated balances of funds made available in prior
    years, $115,000,000 shall instead be available for the programs
    authorized in section 1101(a)(9) of Public Law 105-178, as amended, and
    $65,000,000 shall instead be made available for section 1221 of Public
    Law 105-178, as amended.
    Sec. 362. Funds provided in this Act for the Working Capital Fund
    shall be reduced by $12,600,000, which limits fiscal year 2003 Working
    Capital Fund obligational authority for elements of the Department of
    Transportation funded in this Act to no more than $119,166,000:
    Provided, That such reductions from the budget request shall be
    allocated by the Department of Transportation to each appropriations
    account in proportion to the amount included in each account for the
    Working Capital Fund.
    Sec. 363. (a) Notwithstanding any other provision of law, and
    subject to the requirements of this section, the Secretary of
    Transportation is authorized to waive any of the terms, conditions,
    reservations, and restrictions contained in the deeds of conveyance and
    subsequent corrections to the deeds of conveyance under which the United
    States conveyed certain property to Gadsden, Alabama, for airport
    purposes.
    (b) No waiver may be granted under subsection (a) if the waiver
    would result in the closure of an airport.
    (c) Gadsden, Alabama, shall agree that in selling, leasing, or
    conveying any interest in, the property for which waivers are granted
    under subsection (a), the amount received by the city shall be used by
    the city for the development, improvement, operation, or maintenance of
    the Gadsden Municipal Airport.
    Sec. 364. Of the funds made available under section 1101(a)(12) and
    section 1503 of Public Law 105-178, as amended, $8,000,000 are
    rescinded.
    Sec. 365. Transfer of Funds Between Highway Projects, Lake Charles,
    Louisiana.--Notwithstanding any other provision of law, funds made
    available for construction of roads and a bridge to provide access to
    the Rose Bluff industrial area, Lake Charles, Louisiana, under section
    149(a)(87) of the Surface Transportation and Uniform Relocation
    Assistance Act of 1987 (101 Stat. 194; 109 Stat. 607) and item 17 of the
    table contained in section 1106(a)(2) of the Intermodal Surface
    Transportation Efficiency Act of 1991 (105 Stat. 2038) shall be made
    available for the project in Lake Charles, Louisiana, consisting of--
    (1) construction of Nelson Access Road to the Port of Lake
    Charles as described in item 1596 of the table contained in
    section 1602 of the Transportation Equity Act for the 21st
    Century (112 Stat. 315);
    (2) planning, design, and reconstruction of Cove Lane exit
    from Interstate 210; and
    (3) planning, design, and construction of West Prien Lake
    Road.

    Sec. 366. [NOTE: Deadline.] Notwithstanding any other provision of
    law, of the funds available under section 104(a)(1)(A) of title 23,
    United States Code, for surface transportation projects, $13,000,000
    shall be available to the Secretary to make grants to the Kentucky
    Turnpike Authority to pay the debt on bonds issued by the Kentucky
    Turnpike Authority before January 1, 2003, for the Daniel Boone Parkway,
    Kentucky, and the Cumberland Parkway, Kentucky.

    Sec. 367. Letters [NOTE: 49 USC 47110 note.] of Intent for Airport
    Security Improvement Projects.--(a) The Under Secretary of
    Transportation for

    [[Page 424]]

    117 STAT. 424

    Security may issue a letter of intent to an airport committing to
    obligate from future budget authority an amount, not more than the
    Federal Government's share of the project's cost, for an airport
    security improvement project (including interest costs and costs of
    formulating the project) at the airport. The letter shall establish a
    schedule under which the Under Secretary will reimburse the airport for
    the Government's share of the project's costs, as amounts become
    available, if the airport, after the Under Secretary issues the letter,
    carries out the project without receiving amounts under Chapter 471 of
    title 49.

    (b) [NOTE: Notification.] The airport shall notify the Under
    Secretary of the airport's intent to carry out the airport security
    improvement project before the project begins.

    (c) A letter of intent may be issued under this section only if--
    (1) The airport security improvement project to which the
    letter applies involves the replacement of baggage conveyer
    systems or the reconfiguration of terminal baggage areas in
    order to install explosive detection systems; and
    (2) The Under Secretary determines that the project will
    improve security or will improve the efficiency of the airport
    without lessening security.

    (d) A letter of intent issued under this section is not an
    obligation of the Government under section 1501 of title 31, and the
    letter is not deemed to be an administrative commitment for financing.
    An obligation or administrative commitment may be made only as amounts
    are provided in authorization and appropriations laws.
    (e) The Government's share of the project's cost shall be 75 percent
    for a project at an airport having at least 0.25 percent of the total
    number of passenger boardings each year at all airports and 90 percent
    for a project at any other airport.
    (f) Nothing in this section shall be construed to prohibit the
    obligation of amounts pursuant to a letter of intent under this section
    in the same fiscal year as the letter of intent is issued.
    (g) [NOTE: Notification. Deadline.] The Under Secretary shall
    notify the House and Senate Committees on Appropriations, the House
    Transportation and Infrastructure Committee, and the Senate Commerce,
    Science, and Transportation Committee at least 3 days prior to the
    issuance of a letter of intent under this section.

    (h) There is authorized to be appropriated to carry out this section
    $500,000,000 in each of fiscal years 2003, 2004, 2005, 2006, and 2007.
    Sec. 368. Section 342 of the Department of Transportation and
    Related Agencies Appropriations Act, 2002, [NOTE: 115 Stat. 863.] is
    amended by striking ``Passenger only ferry to serve Kitsap and King
    Counties to Seattle'' and inserting ``Ferry/tunnel project in Bremerton,
    Washington''.

    Sec. 369. Section 343 of the Department of Transportation and
    Related Agencies Appropriations Act, 2002, [NOTE: 115 Stat. 863.] is
    amended by striking ``Passenger only ferry to serve Kitsap and King
    Counties to Seattle'' and inserting ``Ferry/tunnel project in Bremerton,
    Washington''.

    Sec. 370. (a) Inclusion of Towers in Airport Development.--Section
    47102(3) of title 49, United States Code, is amended by adding at the
    end the following:

    [[Page 425]]

    117 STAT. 425

    ``(M) constructing an air traffic control tower or
    acquiring and installing air traffic control,
    communications, and related equipment at an air traffic
    control tower under the terms specified in section
    47124(b)(4).''.

    (b) Construction of Air Traffic Control Towers.--
    (1) In general.--Section 47124(b)(4) of title 49, United
    States Code, is amended to read as follows:
    ``(4) Construction of air traffic control towers.--
    ``(A) Grants.--The Secretary may provide grants to a
    sponsor of--
    ``(i) a primary airport--
    ``(I) from amounts made available
    under sections 47114(c)(1) and
    47114(c)(2) for the construction or
    improvement of a nonapproach control
    tower, as defined by the Secretary, and
    for the acquisition and installation of
    air traffic control, communications, and
    related equipment to be used in that
    tower;
    ``(II) from amounts made available
    under sections 47114(c)(1) and
    47114(c)(2) for reimbursement for the
    cost of construction or improvement of a
    nonapproach control tower, as defined by
    the Secretary, incurred after October 1,
    1996, if the sponsor complied with the
    requirements of sections 47107(e),
    47112(b), and 47112(c) in constructing
    or improving that tower; and
    ``(III) from amounts made available
    under sections 47114(c)(1) and
    47114(c)(2) for reimbursement for the
    cost of acquiring and installing in that
    tower air traffic control,
    communications, and related equipment
    that was acquired or installed after
    October 1, 1996; and
    ``(ii) a public-use airport that is not a
    primary airport--
    ``(I) from amounts made available
    under sections 47114(c)(2) and 47114(d)
    for the construction or improvement of a
    nonapproach control tower, as defined by
    the Secretary, and for the acquisition
    and installation of air traffic control,
    communications, and related equipment to
    be used in that tower;
    ``(II) from amounts made available
    under sections 47114(c)(2) and
    47114(d)(3)(A) for reimbursement for the
    cost of construction or improvement of a
    nonapproach control tower, as defined by
    the Secretary, incurred after October 1,
    1996, if the sponsor complied with the
    requirements of sections 47107(e),
    47112(b), and 47112(c) in constructing
    or improving that tower; and
    ``(III) from amounts made available
    under sections 47114(c)(2) and
    47114(d)(3)(A) for reimbursement for the
    cost of acquiring and installing in that
    tower air traffic control,
    communications, and related equipment
    that was acquired or installed after
    October 1, 1996.
    ``(B) Eligibility.--An airport sponsor shall be
    eligible for a grant under this paragraph only if--

    [[Page 426]]

    117 STAT. 426

    ``(i)(I) the sponsor is a participant in the
    Federal Aviation Administration contract tower
    program established under subsection (a) and
    continued under paragraph (1) or the pilot program
    established under paragraph (3); or
    ``(II) construction of a nonapproach control
    tower would qualify the sponsor to be eligible to
    participate in such program;
    ``(ii) the sponsor certifies that it will pay
    not less than 10 percent of the cost of the
    activities for which the sponsor is receiving
    assistance under this paragraph;
    ``(iii) the Secretary affirmatively accepts
    the proposed contract tower into a contract tower
    program under this section and certifies that the
    Secretary will seek future appropriations to pay
    the Federal Aviation Administration's cost of the
    contract to operate the tower to be constructed
    under this paragraph;
    ``(iv) the sponsor certifies that it will pay
    its share of the cost of the contract to operate
    the tower to be constructed under this paragraph;
    and
    ``(v) in the case of a tower to be constructed
    under this paragraph from amounts made available
    under section 47114(d)(2) or 47114(d)(3)(B), the
    Secretary certifies that--
    ``(I) the Federal Aviation
    Administration has consulted the State
    within the borders of which the tower is
    to be constructed and the State supports
    the construction of the tower as part of
    its State airport capital plan; and
    ``(II) the selection of the tower
    for funding is based on objective
    criteria.
    ``(C) Limitation on federal share.--The Federal
    share of the cost of construction of a nonapproach
    control tower under this paragraph may not exceed
    $1,100,000.''.
    (2) Conforming amendments.--Section 47124(b) of such title
    is amended--
    (A) in paragraph (3)(A) by striking ``Level I air
    traffic control towers, as defined by the Secretary,''
    and inserting ``nonapproach control towers, as defined
    by the Secretary,''; and
    (B) in paragraph (3)(E) by striking ``Subject to
    paragraph (4)(D), of'' and inserting ``Of''.
    (3) Savings clause.--Notwithstanding [NOTE: 49 USC 47124
    note.] the amendments made by this section, the towers for
    which assistance is being provided on the day before the date of
    enactment of this Act under section 47124(b)(4) of title 49,
    United States Code, as in effect on such day, may continue to be
    provided such assistance under the terms of such section.

    (c) Nonapproach [NOTE: 49 USC 47124 note.] Control Towers.--
    (1) In general.--The Administrator of the Federal Aviation
    Administration may enter into a lease agreement or contract
    agreement with a private entity to provide for construction and
    operation of a nonapproach control tower as defined by the
    Secretary of Transportation.
    (2) Terms and conditions.--An agreement entered into under
    this section--

    [[Page 427]]

    117 STAT. 427

    (A) shall be negotiated under such procedures as the
    Administrator considers necessary to ensure the
    integrity of the selection process, the safety of air
    travel, and to protect the interests of the United
    States;
    (B) may provide a lease option to the United States,
    to be exercised at the discretion of the Administrator,
    to occupy any general-purpose space in a facility
    covered by the agreement;
    (C) shall not require, unless specifically
    determined otherwise by the Administrator, Federal
    ownership of a facility covered under the agreement
    after the expiration of the agreement;
    (D) shall describe the consideration, duties, and
    responsibilities for which the United States and the
    private entity are responsible;
    (E) shall provide that the United States will not be
    liable for any action, debt, or liability of any entity
    created by the agreement;
    (F) shall provide that the private entity may not
    execute any instrument or document creating or
    evidencing any indebtedness with respect to a facility
    covered by the agreement unless such instrument or
    document specifically disclaims any liability of the
    United States under the instrument or document; and
    (G) shall include such other terms and conditions as
    the Administrator considers appropriate.

    (d) Use [NOTE: 49 USC 47124 note.] of Apportionments to Pay Non-
    Federal Share of Operation Costs.--
    (1) Study.--The Secretary of Transportation shall conduct a
    study of the feasibility, costs, and benefits of allowing the
    sponsor of an airport to use not to exceed 10 percent of amounts
    apportioned to the sponsor under section 47114 to pay the non-
    Federal share of the cost of operation of an air traffic control
    tower under section 47124(b) of title 49, United States Code.
    (2) Report.--Not [NOTE: Deadline.] later than 1 year after
    the date of enactment of this Act, the Secretary shall transmit
    to Congress a report on the results of the study.

    Sec. 371. In addition to amounts otherwise made available by this
    Act, there is hereby appropriated $3,500,000, to remain available until
    expended, to enable the Secretary to maintain operations of the Midway
    Island airfield.
    Sec. 372. Section 145(c) of Public Law 107-71 [NOTE: 49 USC 40101
    note.] is amended by striking the number (18) and inserting the number
    (27).

    Sec. 373. Susquehanna Greenway, Maryland. The table contained in
    section 1602 of the Transportation Equity Act for the 21st Century is
    amended in item 1603 (112 Stat. 316) by striking ``Construct pedestrian
    bicycle bridge across Susquehanna River between Havre de Grace and
    Perryville'' and inserting ``Develop Lower Susquehanna Heritage
    Greenway, including acquisition of property, construction of hiker-biker
    trails, and construction or use of docks, ferry boats, bridges, or vans
    to convey bikers and pedestrians across the Susquehanna River between
    Cecil County and Harford County''.
    Sec. 374. Item number 1320 in the table contained in section 1602 of
    the Transportation Equity Act for the 21st Century (112 Stat. 305) is
    amended by striking ``Reconstruct 79th Street Traffic

    [[Page 428]]

    117 STAT. 428

    Circle, New York City'' and inserting ``Cross Harbor Freight Movement
    Project EIS, New York City''.
    Sec. 375. Of the $3,400,000 appropriated under the heading ``Highway
    Demonstration Projects'' in Public Law 101-516 for Pennsylvania State
    Route 711 Bypass (Ligonier), the unobligated share shall be available
    for transportation projects in the counties of Allegheny, Armstrong,
    Cambria, Fayette, Greene, Indiana, Somerset, Washington, and
    Westmoreland, Pennsylvania.
    Sec. 376. Of the $900,000 appropriated under the heading ``Federal
    Highway Demonstration Projects'' in Public Law 102-143 for Pennsylvania
    State Route 711 Bypass (Ligonier), the unobligated share shall be
    available for transportation projects in the counties of Allegheny,
    Armstrong, Cambria, Fayette, Greene, Indiana, Somerset, Washington, and
    Westmoreland, Pennsylvania.
    Sec. 377. Of the funds made available in Public Law 107-87 under the
    Federal-aid Highways account to carry out 23 U.S.C. 129(c) and section
    1064 of the Intermodal Surface Transportation Efficiency Act of 1991, as
    amended, $2,000,000 shall be transferred to the Federal Transit
    Administration's Formula Grant account and made available to the Jersey
    City Pier redevelopment and terminal construction project: Provided,
    That, notwithstanding any other provision of law, including 23 U.S.C.
    104(k), such funds shall be administered under terms and conditions
    deemed appropriate by the Secretary.
    This division may be cited as the ``Department of Transportation and
    Related Agencies Appropriations Act, 2003''.

    DIVISION J--TREASURY [NOTE: Treasury and General Government
    Appropriations Act, 2003.] AND GENERAL GOVERNMENT APPROPRIATIONS, 2003

    Joint Resolution

    Making appropriations for the Treasury Department, the United States
    Postal Service, the Executive Office of the President, and certain
    Independent Agencies, for the fiscal year ending September 30, 2003, and
    for other purposes.

    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the Treasury Department, the
    United States Postal Service, the Executive Office of the President, and
    certain Independent Agencies, for the fiscal year ending September 30,
    2003, and for other purposes, namely:

    TITLE I--DEPARTMENT [NOTE: Treasury Department Appropriations Act,
    2003.] OF THE TREASURY

    Departmental Offices

    salaries and expenses

    (including transfer of funds)

    For necessary expenses of the Departmental Offices including
    operation and maintenance of the Treasury Building and Annex; hire of
    passenger motor vehicles; maintenance, repairs, and improvements of, and
    purchase of commercial insurance policies for, real properties leased or
    owned overseas, when necessary for the performance of official business;
    not to exceed $3,500,000 for official travel expenses; not to exceed
    $3,813,000, to remain available until expended for information
    technology modernization

    [[Page 429]]

    117 STAT. 429

    requirements; not to exceed $150,000 for official reception and
    representation expenses; not to exceed $258,000 for unforeseen
    emergencies of a confidential nature, to be allocated and expended under
    the direction of the Secretary of the Treasury and to be accounted for
    solely on his certificate, $189,201,000: Provided, That the Office of
    Foreign Assets Control shall be funded at no less than $21,206,000 and
    120 full time equivalent positions: Provided further, That of these
    amounts $2,900,000 is available for grants to State and local law
    enforcement groups to help fight money laundering: Provided further,
    That of these amounts, $5,893,000 shall be for the Treasury-wide
    Financial Statement Audit Program, of which such amounts as may be
    necessary may be transferred to accounts of the Department's offices and
    bureaus to conduct audits: Provided further, That this transfer
    authority shall be in addition to any other provided in this Act.

    department-wide systems and capital investments programs

    (including transfer of funds)

    For development and acquisition of automatic data processing
    equipment, software, and services for the Department of the Treasury,
    $65,628,000, to remain available until expended: Provided, That these
    funds shall be transferred to accounts and in amounts as necessary to
    satisfy the requirements of the Department's offices, bureaus, and other
    organizations: Provided further, That this transfer authority shall be
    in addition to any other transfer authority provided in this Act:
    Provided further, That none of the funds appropriated shall be used to
    support or supplement the Internal Revenue Service appropriations for
    Information Systems or Business Systems Modernization.

    office of inspector general

    salaries and expenses

    For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, not to exceed $2,000,000 for official travel expenses,
    including hire of passenger motor vehicles; and not to exceed $100,000
    for unforeseen emergencies of a confidential nature, to be allocated and
    expended under the direction of the Inspector General of the Treasury,
    $35,736,000, of which not to exceed $2,500 shall be available for
    official reception and representation expenses.

    treasury inspector general for tax administration

    salaries and expenses

    For necessary expenses of the Treasury Inspector General for Tax
    Administration in carrying out the Inspector General Act of 1978, as
    amended, including purchase (not to exceed 150 for replacement only for
    police-type use) and hire of passenger motor vehicles (31 U.S.C.
    1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Inspector General for Tax Administration; not to
    exceed $6,000,000 for official travel expenses; and not to exceed
    $500,000 for unforeseen emergencies of a confidential nature, to be
    allocated and expended under the direction of the Inspector General for
    Tax Administration, $125,011,000.

    [[Page 430]]

    117 STAT. 430

    air transportation stabilization program

    For necessary expenses to administer the Air Transportation
    Stabilization Board established by section 102 of the Air Transportation
    Safety and System Stabilization Act (Public Law 107-42), $6,041,000, to
    remain available until expended.

    treasury building and annex repair and restoration

    For the repair, alteration, and improvement of the Treasury Building
    and Annex, $28,932,000, to remain available until expended.

    expanded access to financial services

    (including transfer of funds)

    To develop and implement programs to expand access to financial
    services for low- and moderate-income individuals, $2,000,000, such
    funds to become available upon authorization of this program as provided
    by law and to remain available until expended: Provided, That of these
    funds, such sums as may be necessary may be transferred to accounts of
    the Department's offices, bureaus, and other organizations: Provided
    further, That this transfer authority shall be in addition to any other
    transfer authority provided in this Act.

    counterterrorism fund

    For necessary expenses, as determined by the Secretary, $10,000,000,
    to remain available until expended, to reimburse any Department of the
    Treasury organization for the costs of providing support to counter,
    investigate, or prosecute unexpected threats or acts of terrorism,
    including payment of rewards in connection with these activities:
    Provided, That the entire dollar amount shall be available only to the
    extent that an official request for a specific dollar amount is
    transmitted by the President to the Congress.

    financial crimes enforcement network

    salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network,
    including hire of passenger motor vehicles; travel expenses of non-
    Federal law enforcement personnel to attend meetings concerned with
    financial intelligence activities, law enforcement, and financial
    regulation; not to exceed $14,000 for official reception and
    representation expenses; and for assistance to Federal law enforcement
    agencies, with or without reimbursement, $51,752,000, of which not to
    exceed $3,400,000 shall remain available until September 30, 2005; and
    of which $8,338,000 shall remain available until September 30, 2004:
    Provided, That funds appropriated in this account may be used to procure
    personal services contracts.

    Federal Law Enforcement Training Center

    salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training
    Center, as a bureau of the Department of the Treasury,

    [[Page 431]]

    117 STAT. 431

    including materials and support costs of Federal law enforcement basic
    training; purchase (not to exceed 52 for police-type use, without regard
    to the general purchase price limitation) and hire of passenger motor
    vehicles; for expenses for student athletic and related activities;
    uniforms without regard to the general purchase price limitation for the
    current fiscal year; the conducting of and participating in firearms
    matches and presentation of awards; for public awareness and enhancing
    community support of law enforcement training; not to exceed $11,500 for
    official reception and representation expenses; room and board for
    student interns; and services as authorized by 5 U.S.C. 3109,
    $134,986,000, of which $650,000 shall be available for an interagency
    effort to establish written standards on accreditation of Federal law
    enforcement training; and of which up to $24,266,000 for materials and
    support costs of Federal law enforcement basic training shall remain
    available until September 30, 2005, and of which up to 20 percent of the
    $24,266,000 also shall be available for travel, room and board costs for
    participating agency basic training during the first quarter of a fiscal
    year, subject to full reimbursement by the benefitting agency:
    Provided, [NOTE: 42 USC 3771 note.] That the Center is authorized to
    accept and use gifts of property, both real and personal, and to accept
    services, for authorized purposes, including funding of a gift of
    intrinsic value which shall be awarded annually by the Director of the
    Center to the outstanding student who graduated from a basic training
    program at the Center during the previous fiscal year, which shall be
    funded only by gifts received through the Center's gift authority:
    Provided further, That the Center is authorized to accept detailees from
    other Federal agencies, on a non-reimbursable basis, to staff the
    accreditation function: Provided further, That notwithstanding any other
    provision of law, students attending training at any Center site shall
    reside in on-Center or Center-provided housing, insofar as available and
    in accordance with Center policy: Provided further, That funds
    appropriated in this account shall be available, at the discretion of
    the Director, for the following: training United States Postal Service
    law enforcement personnel and Postal police officers; State and local
    government law enforcement training on a space-available basis; training
    of foreign law enforcement officials on a space-available basis with
    reimbursement of actual costs to this appropriation, except that
    reimbursement may be waived by the Secretary for law enforcement
    training activities in foreign countries undertaken pursuant to section
    801 of the Antiterrorism and Effective Death Penalty Act of 1996,
    (Public Law 104-32); training of private sector security officials on a
    space-available basis with reimbursement of actual costs to this
    appropriation; and travel expenses of non-Federal personnel to attend
    course development meetings and training sponsored by the Center:
    Provided further, That the Center is authorized to obligate funds in
    anticipation of reimbursements from agencies receiving training
    sponsored by the Center, except that total obligations at the end of the
    fiscal year shall not exceed total budgetary resources available at the
    end of the fiscal year: Provided further, That the Center is authorized
    to provide training for the Gang Resistance Education and Training
    program to Federal and non-Federal personnel at any facility in
    partnership with the Bureau of Alcohol, Tobacco and Firearms: Provided
    further, That the Center is authorized to provide short-term medical
    services for students undergoing training at the Center.

    [[Page 432]]

    117 STAT. 432

    acquisition, construction, improvements, and related expenses

    For expansion of the Federal Law Enforcement Training Center, for
    acquisition of necessary additional real property and facilities, and
    for ongoing maintenance, facility improvements, and related expenses,
    $36,000,000, to remain available until expended.

    Interagency Law Enforcement

    interagency crime and drug enforcement

    For expenses necessary to conduct investigations and convict
    offenders involved in organized crime drug trafficking, including
    cooperative efforts with State and local law enforcement, as it relates
    to the Treasury Department law enforcement violations such as money
    laundering, violent crime, and smuggling, $107,576,000.

    Financial Management Service

    salaries and expenses

    For necessary expenses of the Financial Management Service,
    $222,078,000, of which not to exceed $9,220,000 shall remain available
    until September 30, 2005, for information systems modernization
    initiatives; and of which not to exceed $2,500 shall be available for
    official reception and representation expenses.

    Bureau of Alcohol, Tobacco and Firearms

    salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco and
    Firearms, including purchase of not to exceed 822 vehicles for police-
    type use, of which 650 shall be for replacement only, and hire of
    passenger motor vehicles; hire of aircraft; services of expert witnesses
    at such rates as may be determined by the Director; for payment of per
    diem and/or subsistence allowances to employees where a major
    investigative assignment requires an employee to work 16 hours or more
    per day or to remain overnight at his or her post of duty; not to exceed
    $20,000 for official reception and representation expenses; for training
    of State and local law enforcement agencies with or without
    reimbursement, including training in connection with the training and
    acquisition of canines for explosives and fire accelerants detection;
    not to exceed $50,000 for cooperative research and development programs
    for Laboratory Services and Fire Research Center activities; and
    provision of laboratory assistance to State and local agencies, with or
    without reimbursement, $886,430,000, of which not to exceed $1,000,000
    shall be available for the payment of attorneys' fees as provided by 18
    U.S.C. 924(d)(2); of which up to $2,000,000 shall be available for the
    equipping of any vessel, vehicle, equipment, or aircraft available for
    official use by a State or local law enforcement agency if the
    conveyance will be used in joint law enforcement operations with the
    Bureau of Alcohol, Tobacco and Firearms and for the payment of overtime
    salaries including Social Security and Medicare, travel, fuel, training,
    equipment, supplies, and other similar costs of State and local law
    enforcement personnel, including sworn

    [[Page 433]]

    117 STAT. 433

    officers and support personnel, that are incurred in joint operations
    with the Bureau of Alcohol, Tobacco and Firearms; of which $13,000,000,
    to remain available until expended, shall be available for disbursements
    through grants, cooperative agreements or contracts to local governments
    for Gang Resistance Education and Training; and of which $3,200,000 for
    a new headquarters shall remain available until September 30, 2004:
    Provided, That no funds appropriated herein shall be available for
    salaries or administrative expenses in connection with consolidating or
    centralizing, within the Department of the Treasury, the records, or any
    portion thereof, of acquisition and disposition of firearms maintained
    by Federal firearms licensees: Provided further, That no funds
    appropriated herein shall be used to pay administrative expenses or the
    compensation of any officer or employee of the United States to
    implement an amendment or amendments to 27 CFR 178.118 or to change the
    definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item
    from ATF Publication 5300.11 as it existed on January 1, 1994: Provided
    further, That none of the funds appropriated herein shall be available
    to investigate or act upon applications for relief from Federal firearms
    disabilities under 18 U.S.C. 925(c): Provided further, That such funds
    shall be available to investigate and act upon applications filed by
    corporations for relief from Federal firearms disabilities under 18
    U.S.C. 925(c): Provided further, That no funds under this Act may be
    used to electronically retrieve information gathered pursuant to 18
    U.S.C. 923(g)(4) by name or any personal identification code.

    United States Customs Service

    salaries and expenses

    For necessary expenses of the United States Customs Service,
    including purchase and lease of up to 1,535 motor vehicles of which 550
    are for replacement only and of which 1,500 are for police-type use and
    commercial operations; hire of motor vehicles; contracting with
    individuals for personal services abroad; not to exceed $40,000 for
    official reception and representation expenses; and awards of
    compensation to informers, as authorized by any Act enforced by the
    United States Customs Service, $2,527,155,000, of which such sums as
    become available in the Customs User Fee Account, except sums subject to
    section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
    Act of 1985, as amended (19 U.S.C. 58c(f)(3)), shall be derived from
    that Account; of the total, not to exceed $150,000 shall be available
    for payment for rental space in connection with preclearance operations;
    not to exceed $4,000,000 shall be available until expended for research;
    not less than $100,000 shall be available to promote public awareness of
    the child pornography tipline; not less than $200,000 shall be available
    for Project Alert; not to exceed $5,000,000 shall be available until
    expended for conducting special operations pursuant to 19 U.S.C. 2081;
    not to exceed $8,000,000 shall be available until expended for the
    procurement of automation infrastructure items, including hardware,
    software, and installation; not to exceed $1,250,000 shall remain
    available until September 30, 2004 for strengthened enforcement of
    United States trade laws pertaining to steel; and not to exceed
    $5,000,000 shall be available until expended for repairs to Customs
    facilities: Provided, That of the total amount of funds made available
    for forced child labor activities

    [[Page 434]]

    117 STAT. 434

    in fiscal year 2003, not to exceed $5,000,000 shall remain available
    until expended for operations and support of such activities: Provided
    further, That uniforms may be purchased without regard to the general
    purchase price limitation for the current fiscal year: Provided further,
    That notwithstanding any other provision of law, the fiscal year
    aggregate overtime limitation prescribed in subsection 5(c)(1) of the
    Act of February 13, 1911 (19 U.S.C. 261 and 267) shall be $30,000.

    harbor maintenance fee collection

    (including transfer of funds)

    For administrative expenses related to the collection of the Harbor
    Maintenance Fee, pursuant to Public Law 103-182, $3,000,000, to be
    derived from the Harbor Maintenance Trust Fund and to be transferred to
    and merged with the Customs ``Salaries and Expenses'' account for such
    purposes.

    operation, maintenance and procurement, air and marine interdiction
    programs

    For expenses, not otherwise provided for, necessary for the
    operation and maintenance of marine vessels, aircraft, and other related
    equipment of the Air and Marine Programs, including operational training
    and mission-related travel, and rental payments for facilities occupied
    by the air or marine interdiction and demand reduction programs, the
    operations of which include the following: the interdiction of narcotics
    and other goods; the provision of support to Customs and other Federal,
    State, and local agencies in the enforcement or administration of laws
    enforced by the Customs Service; and, at the discretion of the
    Commissioner of Customs, the provision of assistance to Federal, State,
    and local agencies in other law enforcement and emergency humanitarian
    efforts, $181,829,000, which shall remain available until expended:
    Provided, That no aircraft or other related equipment, with the
    exception of aircraft which is one of a kind and has been identified as
    excess to Customs requirements and aircraft which has been damaged
    beyond repair, shall be transferred to any other Federal agency,
    department, or office outside of the Department of Homeland Security,
    during fiscal year 2003 without the prior approval of the Committees on
    Appropriations.

    automation modernization

    For expenses not otherwise provided for Customs automated systems,
    $435,332,000, to remain available until expended, of which not less than
    $312,900,000 shall be for the development of the Automated Commercial
    Environment: Provided, That none of the funds appropriated under this
    heading may be obligated for the Automated Commercial Environment until
    the United States Customs Service prepares and submits to the Committees
    on Appropriations a plan for expenditure that: (1) meets the capital
    planning and investment control review requirements established by the
    Office of Management and Budget, including OMB Circular A-11, part 3;
    (2) complies with the United States Customs Service's Enterprise
    Information Systems Architecture; (3) complies with the acquisition
    rules, requirements, guidelines, and systems acquisition management
    practices of the Federal Government; (4) is reviewed

    [[Page 435]]

    117 STAT. 435

    and approved by the Customs Investment Review Board, the Department of
    the Treasury, and the Office of Management and Budget; and (5) is
    reviewed by the General Accounting Office: Provided further, That none
    of the funds appropriated under this heading may be obligated for the
    Automated Commercial Environment until such expenditure plan has been
    approved by the Committees on Appropriations.

    United States Mint

    united states mint public enterprise fund

    Pursuant to section 5136 of title 31, United States Code, the United
    States Mint is provided funding through the United States Mint Public
    Enterprise Fund for costs associated with the production of circulating
    coins, numismatic coins, and protective services, including both
    operating expenses and capital investments. The aggregate amount of new
    liabilities and obligations incurred during fiscal year 2003 under such
    section 5136 for circulating coinage and protective service capital
    investments of the United States Mint shall not exceed $34,900,000.

    Bureau of the Public Debt

    administering the public debt

    For necessary expenses connected with any public-debt issues of the
    United States, $194,468,000, of which not to exceed $2,500 shall be
    available for official reception and representation expenses, and of
    which not to exceed $2,000,000 shall remain available until expended for
    systems modernization; and of which not to exceed $4,000,000 shall
    remain available until September 30, 2004 for the purpose of completing
    the shut-down of the savings bond marketing activity: Provided, That the
    sum appropriated herein from the general fund for fiscal year 2003 shall
    be reduced by not more than $4,400,000 as definitive security issue fees
    and Treasury Direct Investor Account Maintenance fees are collected, so
    as to result in a final fiscal year 2003 appropriation from the general
    fund estimated at $190,068,000. In addition, $40,000 to be derived from
    the Oil Spill Liability Trust Fund to reimburse the Bureau for
    administrative and personnel expenses for financial management of the
    Fund, as authorized by section 1012 of Public Law 101-380.

    Internal Revenue Service

    processing, assistance, and management

    For necessary expenses of the Internal Revenue Service for pre-
    filing taxpayer assistance and education, filing and account services,
    shared services support, general management and administration; and
    services as authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Commissioner, $3,955,777,000, of which up to
    $3,950,000 shall be for the Tax Counseling for the Elderly Program, of
    which $7,000,000 shall be available for low-income taxpayer clinic
    grants, and of which not to exceed $25,000 shall be for official
    reception and representation expenses.

    [[Page 436]]

    117 STAT. 436

    tax law enforcement

    For necessary expenses of the Internal Revenue Service for
    determining and establishing tax liabilities; providing litigation
    support; conducting criminal investigation and enforcement activities;
    securing unfiled tax returns; collecting unpaid accounts; conducting a
    document matching program; resolving taxpayer problems through prompt
    identification, referral and settlement; compiling statistics of income
    and conducting compliance research; purchase (for police-type use, not
    to exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
    and services as authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Commissioner, $3,729,072,000, of which not to exceed
    $1,000,000 shall remain available until September 30, 2005, for
    research, and of which not less than $60,000,000 shall be used to combat
    abusive tax shelters.

    earned income tax credit compliance initiative

    For funding essential earned income tax credit compliance and error
    reduction initiatives, $146,000,000, of which not to exceed $10,000,000
    may be used to reimburse the Social Security Administration for the
    costs of implementing section 1090 of the Taxpayer Relief Act of 1997.

    information systems

    For necessary expenses of the Internal Revenue Service for
    information systems and telecommunications support, including
    developmental information systems and operational information systems;
    the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services
    as authorized by 5 U.S.C. 3109, at such rates as may be determined by
    the Commissioner, $1,632,444,000, which shall remain available until
    September 30, 2004.

    business systems modernization

    For necessary expenses of the Internal Revenue Service,
    $366,000,000, to remain available until September 30, 2005, for the
    capital asset acquisition of information technology systems, including
    management and related contractual costs of said acquisitions, including
    contractual costs associated with operations authorized by 5 U.S.C.
    3109: Provided, That none of these funds may be obligated until the
    Internal Revenue Service submits to the Committees on Appropriations,
    and such Committees approve, a plan for expenditure that: (1) meets the
    capital planning and investment control review requirements established
    by the Office of Management and Budget, including Circular A-11 part 3;
    (2) complies with the Internal Revenue Service's enterprise
    architecture, including the modernization blueprint; (3) conforms with
    the Internal Revenue Service's enterprise life cycle methodology; (4) is
    approved by the Internal Revenue Service, the Department of the
    Treasury, and the Office of Management and Budget; (5) has been reviewed
    by the General Accounting Office; and (6) complies with the acquisition
    rules, requirements, guidelines, and systems acquisition management
    practices of the Federal Government.

    [[Page 437]]

    117 STAT. 437

    health insurance tax credit administration

    For necessary expenses to implement the health insurance tax credit
    included in the Trade Act of 2002 (Public Law 107-210), $70,000,000, to
    remain available until September 30, 2004.

    administrative provisions--internal revenue service

    Sec. 101. Not to exceed 5 percent of any appropriation made
    available in this Act to the Internal Revenue Service may be transferred
    to any other Internal Revenue Service appropriation upon the advance
    approval of the Committees on Appropriations.
    Sec. 102. [NOTE: 26 USC 7804 note.] The Internal Revenue Service
    shall maintain a training program to ensure that Internal Revenue
    Service employees are trained in taxpayers' rights, in dealing
    courteously with the taxpayers, and in cross-cultural relations.

    Sec. 103. [NOTE: Procedures. 26 USC 6103 note.] The Internal
    Revenue Service shall institute and enforce policies and procedures that
    will safeguard the confidentiality of taxpayer information.

    Sec. 104. Funds made available by this or any other Act to the
    Internal Revenue Service shall be available for improved facilities and
    increased manpower to provide sufficient and effective 1-800 help line
    service for taxpayers. The Commissioner shall continue to make the
    improvement of the Internal Revenue Service 1-800 help line service a
    priority and allocate resources necessary to increase phone lines and
    staff to improve the Internal Revenue Service 1-800 help line service.

    United States Secret Service

    salaries and expenses

    For necessary expenses of the United States Secret Service,
    including purchase of not to exceed 610 vehicles for police-type use for
    replacement only, and hire of passenger motor vehicles; purchase of
    American-made side-car compatible motorcycles; hire of aircraft;
    training and assistance requested by State and local governments, which
    may be provided without reimbursement; services of expert witnesses at
    such rates as may be determined by the Director; rental of buildings in
    the District of Columbia, and fencing, lighting, guard booths, and other
    facilities on private or other property not in Government ownership or
    control, as may be necessary to perform protective functions; for
    payment of per diem and/or subsistence allowances to employees where a
    protective assignment during the actual day or days of the visit of a
    protectee require an employee to work 16 hours per day or to remain
    overnight at his or her post of duty; the conducting of and
    participating in firearms matches; presentation of awards; for travel of
    Secret Service employees on protective missions without regard to the
    limitations on such expenditures in this or any other Act if approval is
    obtained in advance from the Committees on Appropriations; for research
    and development; for making grants to conduct behavioral research in
    support of protective research and operations; not to exceed $25,000 for
    official reception and representation expenses; not to exceed $100,000
    to provide technical assistance and equipment to foreign law enforcement
    organizations in counterfeit investigations; for payment in advance for
    commercial accommodations as may be necessary to perform protective
    functions;

    [[Page 438]]

    117 STAT. 438

    and for uniforms without regard to the general purchase price limitation
    for the current fiscal year, $1,029,150,000, of which $1,633,000 shall
    be available for forensic and related support of investigations of
    missing and exploited children, and of which $4,583,000 shall be
    available as a grant for activities related to the investigations of
    exploited children and shall remain available until expended: Provided,
    That up to $18,000,000 provided for protective travel shall remain
    available until September 30, 2004.

    acquisition, construction, improvements, and related expenses

    For necessary expenses of construction, repair, alteration, and
    improvement of facilities, $3,519,000, to remain available until
    expended.

    General Provisions--Department of the Treasury

    Sec. 110. Any obligation or expenditure by the Secretary of the
    Treasury in connection with law enforcement activities of a Federal
    agency or a Department of the Treasury law enforcement organization in
    accordance with 31 U.S.C. 9703(g)(4)(B) from unobligated balances
    remaining in the Fund on September 30, 2003, shall be made in compliance
    with reprogramming guidelines.
    Sec. 111. Appropriations to the Department of the Treasury in this
    Act shall be available for uniforms or allowances therefor, as
    authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
    cleaning; purchase of insurance for official motor vehicles operated in
    foreign countries; purchase of motor vehicles without regard to the
    general purchase price limitations for vehicles purchased and used
    overseas for the current fiscal year; entering into contracts with the
    Department of State for the furnishing of health and medical services to
    employees and their dependents serving in foreign countries; and
    services authorized by 5 U.S.C. 3109.
    Sec. 112. The funds provided to the Bureau of Alcohol, Tobacco and
    Firearms for fiscal year 2003 in this Act for the enforcement of the
    Federal Alcohol Administration Act shall be expended in a manner so as
    not to diminish enforcement efforts with respect to section 105 of the
    Federal Alcohol Administration Act.
    Sec. 113. Not to exceed 2 percent of any appropriations in this Act
    made available to the Federal Law Enforcement Training Center, Financial
    Crimes Enforcement Network, Bureau of Alcohol, Tobacco and Firearms,
    United States Customs Service, Interagency Crime and Drug Enforcement,
    and United States Secret Service may be transferred between such
    appropriations upon the advance approval of the Committees on
    Appropriations. No transfer may increase or decrease any such
    appropriation by more than 2 percent.
    Sec. 114. Not to exceed 2 percent of any appropriations in this Act
    made available to the Departmental Offices--Salaries and Expenses,
    Office of Inspector General, Treasury Inspector General for Tax
    Administration, Financial Management Service, and Bureau of the Public
    Debt, may be transferred between such appropriations upon the advance
    approval of the Committees on Appropriations. No transfer may increase
    or decrease any such appropriation by more than 2 percent.

    [[Page 439]]

    117 STAT. 439

    Sec. 115. Not to exceed 2 percent of any appropriation made
    available in this Act to the Internal Revenue Service may be transferred
    to the Treasury Inspector General for Tax Administration's appropriation
    upon the advance approval of the Committees on Appropriations. No
    transfer may increase or decrease any such appropriation by more than 2
    percent.
    Sec. 116. Of the funds available for the purchase of law enforcement
    vehicles, no funds may be obligated until the Secretary of the Treasury
    certifies that the purchase by the respective Treasury bureau is
    consistent with Departmental vehicle management principles: Provided,
    That the Secretary may delegate this authority to the Assistant
    Secretary for Management.
    Sec. 117. None of the funds appropriated in this Act or otherwise
    available to the Department of the Treasury or the Bureau of Engraving
    and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 118. The Secretary of the Treasury may transfer funds from
    ``Salaries and Expenses'', Financial Management Service, to the Debt
    Services Account as necessary to cover the costs of debt collection:
    Provided, That such amounts shall be reimbursed to such Salaries and
    Expenses account from debt collections received in the Debt Services
    Account.
    Sec. 119. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
    note), is further amended by striking ``4 years'' and inserting ``5
    years''.
    Sec. 120. None of the funds appropriated or otherwise made available
    by this or any other Act may be used by the United States Mint to
    construct or operate any museum without the explicit approval of the
    House Committee on Financial Services and the Senate Committee on
    Banking, Housing, and Urban Affairs.
    Sec. 121. None of the funds appropriated or made available by this
    Act may be used for the production of Customs Declarations that do not
    inquire whether the passenger had been in the proximity of livestock.
    Sec. 122. [NOTE: Establishment. 42 USC 3771 note.] The Federal Law
    Enforcement Training Center is directed to establish an accrediting body
    that will include representatives from the Federal law enforcement
    community, as well as non-Federal accreditation experts involved in law
    enforcement training. The purpose of this body will be to establish
    standards for measuring and assessing the quality and effectiveness of
    Federal law enforcement training programs, facilities, and instructors.

    Sec. 123. The Treasury Department Appropriations Act, 1997 (as
    contained in section 101(f) of division A of Public Law 104-208), under
    the heading ``Treasury Franchise Fund'', as amended by section 120 of
    the Treasury Department Appropriations Act, 2001 (enacted pursuant to
    section 1(a)(3) of Public Law 106-554), is further amended by [NOTE: 31
    USC 501 note.] striking ``until October 1, 2002'' and inserting ``until
    October 1, 2004''.

    Sec. 125. Amendment to John C. Stennis Center for Public Service
    Training and Development Act.--For fiscal year 2003 and thereafter,
    section 116 of the John C. Stennis Center for Public Service Training
    and Development Act (2 U.S.C. 1105) is amended--
    (1) by striking subsection (b) and inserting the following:

    ``(b) Investment of Fund Assets.--
    ``(1) At the request of the Center, it shall be the duty of
    the Secretary of the Treasury to invest in full the amounts
    appropriated to the fund. Such investments may be made only

    [[Page 440]]

    117 STAT. 440

    in interest-bearing obligations of the United States issued
    directly to the fund.
    ``(2) The purposes for which obligations of the United
    States may be issued under chapter 31 of title 31 are hereby
    extended to authorize the issuance at par of special obligations
    directly to the fund. Such special obligations shall bear
    interest at a rate equal to the average rate of interest,
    computed as to the end of the calendar month next preceding the
    date of such issue, borne by all marketable interest-bearing
    obligations of the United States then forming a part of the
    public debt; except that where such average rate is not a
    multiple of one-eighth of 1 per centum, the rate of interest of
    such special obligations shall be the multiple of one-eighth of
    1 per centum next lower than such average rate. All requests of
    the Center to the Secretary of the Treasury provided for in this
    section shall be binding upon the Secretary.''; and
    (2) by striking subsection (c) and inserting the following:

    ``(c) Authority to Sell Obligations.--At the request of the Center,
    the Secretary of the Treasury shall redeem any obligation issued
    directly to the fund. Obligations issued to the fund under subsection
    (b)(2) shall be redeemed at par plus accrued interest. Any other
    obligations issued directly to the fund shall be redeemed at the market
    price.''.
    Sec. 126. Amendment to James Madison Memorial Fellowship Act.--For
    fiscal year 2003 and thereafter, section 811 of the James Madison
    Memorial Fellowship Act (20 U.S.C. 4510) is amended--
    (1) by striking subsection (b) and inserting the following:

    ``(b) Investment of Amounts Appropriated.--
    ``(1) At the request of the Trust Fund, it shall be the duty
    of the Secretary of the Treasury to invest in full the amounts
    appropriated and contributed to the fund. Such investments may
    be made only in interest-bearing obligations of the United
    States issued directly to the fund.
    ``(2) The purposes for which obligations of the United
    States may be issued under chapter 31 of title 31 are hereby
    extended to authorize the issuance at par of special obligations
    directly to the fund. Such special obligations shall bear
    interest at a rate equal to the average rate of interest,
    computed as to the end of the calendar month next preceding the
    date of such issue, borne by all marketable interest-bearing
    obligations of the United States then forming a part of the
    public debt; except that where such average rate is not a
    multiple of one-eighth of 1 per centum, the rate of interest of
    such special obligations shall be the multiple of one-eighth of
    1 per centum next lower than such average rate. All requests of
    the Trust Fund to the Secretary of the Treasury provided for in
    this section shall be binding upon the Secretary.''; and
    (2) by striking subsection (c) and inserting the following:

    ``(c) Sale of Obligations Acquired by Fund.--At the request of the
    Trust Fund, the Secretary of the Treasury shall redeem any obligation
    issued directly to the fund. Obligations issued to the fund under
    subsection (b)(2) shall be redeemed at par plus accrued interest. Any
    other obligations issued directly to the fund shall be redeemed at the
    market price.''.
    Sec. 127. Authority for the Creation of Integrated Border Inspection
    Areas and Designation of Foreign Law

    [[Page 441]]

    117 STAT. 441

    Enforcement Officers. (a) Creation [NOTE: 19 USC 1629 note.] of
    Integrated Border Inspection Areas.--
    (1) The Commissioner of Customs, in consultation with the
    Canadian Customs and Revenue Agency (CCRA), shall seek to
    establish Integrated Border Inspection Areas (IBIAs), i.e.,
    areas on either side of the United States-Canada border in which
    the United States Customs officers can inspect vehicles entering
    the United States from Canada before they enter the United
    States, or Canadian officers can inspect vehicles entering
    Canada from the United States before they enter Canada. This may
    include, where appropriate, employment of reverse inspection
    techniques.
    (2) The Commissioner of Customs, in consultation with the
    Administrator of the General Services Administration when
    appropriate, shall endeavor to carry out the IBIA program in a
    manner that minimizes adverse impacts on the surrounding
    community.

    (b) Section 1401(i) of title 19, United States Code, is amended by
    inserting ``, including foreign law enforcement officers,'' after ``or
    other person''.
    (c) Section 1629 of title 19, United States Code, is amended--
    (1) in paragraph (a) by inserting ``, or subsequent to their
    exit from,'' after ``prior to their arrival in'';
    (2) in paragraph (c) by inserting ``or exportation'' after
    ``relating to the importation'' and by inserting ``or exit''
    after ``port of entry'';
    (3) in paragraph (e), by--
    (A) inserting ``and agriculture inspection'' after
    ``customs'' in each instance where reference is
    currently made to ``customs officers'' or ``customs
    officials'' in this subsection;
    (B) inserting ``and the Secretary of Agriculture''
    after ``in coordination with the Secretary'';
    (C) inserting ``or that have gone directly from that
    country to the United States'' after ``to that country
    from the United States'';
    (D) inserting ``or exportation'' after ``governing
    the importation'';
    (E) deleting ``and'' and inserting a comma (``,'')
    after ``such functions'';
    (F) inserting ``, and enjoy such privileges and
    immunities'' after ``such duties'';
    (G) inserting ``or are afforded'' after ``authorized
    to perform''; and
    (H) deleting ``under reciprocal agreement'' and
    inserting ``by treaty, agreement or law''.
    (4) by adding at the end the following:

    ``(g) Persons designated to perform the duties of an officer of the
    Customs Service pursuant to section 1401 (i) of this title shall be
    entitled to the same privileges and immunities as an officer of the
    Customs Service with respect to any actions taken by the designated
    person in the performance of such duties.''.
    This title may be cited as the ``Treasury Department Appropriations
    Act, 2003''.

    [[Page 442]]

    117 STAT. 442

    TITLE [NOTE: Postal Service Appropriations Act, 2003.] II--POSTAL
    SERVICE

    Payment to the Postal Service Fund

    For payment to the Postal Service Fund for revenue forgone on free
    and reduced rate mail, pursuant to subsections (c) and (d) of section
    2401 of title 39, United States Code, $60,014,000, of which $31,014,000
    shall not be available for obligation until October 1, 2003: Provided,
    That mail for overseas voting and mail for the blind shall continue to
    be [NOTE: 39 USC 403 note.] free: Provided further, That 6-day
    delivery and rural delivery of mail shall continue at not less than the
    1983 level: Provided further, That none of the funds made available to
    the Postal Service by this Act shall be used to implement any rule,
    regulation, or policy of charging any officer or employee of any State
    or local child support enforcement agency, or any individual
    participating in a State or local program of child support enforcement,
    a fee for information requested or provided concerning an address of a
    postal customer: Provided further, That none of the funds provided in
    this Act shall be used to consolidate or close small rural and other
    small post offices in fiscal year 2003.

    This title may be cited as the ``Postal Service Appropriations Act,
    2003''.

    TITLE III--EXECUTIVE [NOTE: Executive Office Appropriations Act,
    2003.] OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

    Compensation of the President and the White House Office

    compensation of the president

    For compensation of the President, including an expense allowance at
    the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000:
    Provided, [NOTE: 3 USC 102 note.] That none of the funds made
    available for official expenses shall be expended for any other purpose
    and any unused amount shall revert to the Treasury pursuant to section
    1552 of title 31, United States Code: Provided further, That none of the
    funds made available for official expenses shall be considered as
    taxable to the President.

    salaries and expenses

    For necessary expenses for the White House as authorized by law,
    including not to exceed $3,850,000 for services as authorized by 5
    U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
    U.S.C. 105, which shall be expended and accounted for as provided in
    that section; hire of passenger motor vehicles, newspapers, periodicals,
    teletype news service, and travel (not to exceed $100,000 to be expended
    and accounted for as provided by 3 U.S.C. 103); and not to exceed
    $19,000 for official entertainment expenses, to be available for
    allocation within the Executive Office of the President, $50,715,000:
    Provided, That $8,650,000 of the funds appropriated shall be available
    for reimbursements to the White House Communications Agency.

    [[Page 443]]

    117 STAT. 443

    Office of Homeland Security

    salaries and expenses

    For necessary expenses of the Office of Homeland Security, pursuant
    to Executive Order No. 13288, $19,398,000: Provided,
    That [NOTE: Reports. Deadline.] the Office of Homeland Security shall
    submit a report identifying estimated obligations for each function
    assigned to this Office pursuant to Executive Order No. 13288 to the
    Committees on Appropriations no later than November 1, 2002.

    Executive Residence at the White House

    operating expenses

    For the care, maintenance, repair and alteration, refurnishing,
    improvement, heating, and lighting, including electric power and
    fixtures, of the Executive Residence at the White House and official
    entertainment expenses of the President, $12,228,000, to be expended and
    accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

    reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the
    White House, such sums as may be necessary: Provided, That all
    reimbursable operating expenses of the Executive Residence shall be made
    in accordance with the provisions of this paragraph: Provided further,
    That, notwithstanding any other provision of law, such amount for
    reimbursable operating expenses shall be the exclusive authority of the
    Executive Residence to incur obligations and to receive offsetting
    collections, for such expenses: Provided further, That the Executive
    Residence shall require each person sponsoring a reimbursable political
    event to pay in advance an amount equal to the estimated cost of the
    event, and all such advance payments shall be credited to this account
    and remain available until expended: Provided further, That the
    Executive Residence shall require the national committee of the
    political party of the President to maintain on deposit $25,000, to be
    separately accounted for and available for expenses relating to
    reimbursable political events sponsored by such committee during such
    fiscal year: Provided further, That the Executive Residence shall ensure
    that a written notice of any amount owed for a reimbursable operating
    expense under this paragraph is submitted to the person owing such
    amount within 60 days after such expense is incurred, and that such
    amount is collected within 30 days after the submission of such notice:
    Provided further, That the Executive Residence shall charge interest and
    assess penalties and other charges on any such amount that is not
    reimbursed within such 30 days, in accordance with the interest and
    penalty provisions applicable to an outstanding debt on a United States
    Government claim under section 3717 of title 31, United States Code:
    Provided further, That each such amount that is reimbursed, and any
    accompanying interest and charges, shall be deposited in the Treasury as
    miscellaneous receipts: Provided
    further, [NOTE: Deadline. Reports.] That the Executive Residence shall
    prepare and submit to the Committees on Appropriations, by not later
    than 90 days after the end of the fiscal year covered by this Act, a
    report setting forth the reimbursable operating expenses of the

    [[Page 444]]

    117 STAT. 444

    Executive Residence during the preceding fiscal year, including the
    total amount of such expenses, the amount of such total that consists of
    reimbursable official and ceremonial events, the amount of such total
    that consists of reimbursable political events, and the portion of each
    such amount that has been reimbursed as of the date of the report:
    Provided further, [NOTE: Records.] That the Executive Residence shall
    maintain a system for the tracking of expenses related to reimbursable
    events within the Executive Residence that includes a standard for the
    classification of any such expense as political or nonpolitical:
    Provided further, That no provision of this paragraph may be construed
    to exempt the Executive Residence from any other applicable requirement
    of subchapter I or II of chapter 37 of title 31, United States Code.

    white house repair and restoration

    For the repair, alteration, and improvement of the Executive
    Residence at the White House, $1,200,000, to remain available until
    expended, for required maintenance, safety and health issues, and
    continued preventative maintenance.

    Special Assistance to the President and the Official Residence of the
    Vice President

    salaries and expenses

    For necessary expenses to enable the Vice President to provide
    assistance to the President in connection with specially assigned
    functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
    including subsistence expenses as authorized by 3 U.S.C. 106, which
    shall be expended and accounted for as provided in that section; and
    hire of passenger motor vehicles, $4,066,000.

    operating expenses

    (including transfer of funds)

    For the care, operation, refurnishing, improvement, heating and
    lighting, including electric power and fixtures, of the official
    residence of the Vice President; the hire of passenger motor vehicles;
    and not to exceed $90,000 for official entertainment expenses of the
    Vice President, to be accounted for solely on his certificate, $324,000:
    Provided, That advances or repayments or transfers from this
    appropriation may be made to any department or agency for expenses of
    carrying out such activities.

    Council of Economic Advisers

    salaries and expenses

    For necessary expenses of the Council of Economic Advisors in
    carrying out its functions under the Employment Act of 1946 (15 U.S.C.
    1021), $3,763,000.

    [[Page 445]]

    117 STAT. 445

    Office of Policy Development

    salaries and expenses

    For necessary expenses of the Office of Policy Development,
    including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
    $3,251,000.

    National Security Council

    salaries and expenses

    For necessary expenses of the National Security Council, including
    services as authorized by 5 U.S.C. 3109, $7,821,000.

    Office of Administration

    salaries and expenses

    For necessary expenses of the Office of Administration, including
    services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
    passenger motor vehicles, $91,505,000, of which $17,470,000 shall remain
    available until expended for the Capital Investment Plan for continued
    modernization of the information technology infrastructure within the
    Executive Office of the President: Provided, [NOTE: Reports.] That the
    Executive Office of the President shall submit a report to the
    Committees on Appropriations that includes a current description of: (1)
    the Enterprise Architecture, as defined in OMB Circular A-130 and the
    Federal Chief Information Officers Council guidance; (2) the Information
    Technology (IT) Human Capital Plan; (3) the capital investment plan for
    implementing the Enterprise Architecture; and (4) the IT capital
    planning and investment control process: Provided further, That this
    report shall be reviewed and approved by the Office of Management and
    Budget, and reviewed by the General Accounting Office.

    Office of Management and Budget

    salaries and expenses

    For necessary expenses of the Office of Management and Budget,
    including hire of passenger motor vehicles and services as authorized by
    5 U.S.C. 3109, $62,394,000, of which not to exceed $5,000,000 shall be
    available to carry out the provisions of chapter 35 of title 44, United
    States Code, and of which not to exceed $3,000 shall be available for
    official representation expenses:
    Provided, [NOTE: Applicability.] That, as provided in 31 U.S.C.
    1301(a), appropriations shall be applied only to the objects for which
    appropriations were made except as otherwise provided by law: Provided
    further, That none of the funds appropriated in this Act for the Office
    of Management and Budget may be used for the purpose of reviewing any
    agricultural marketing orders or any activities or regulations under the
    provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
    601 et seq.): Provided further, That none of the funds made available
    for the Office of Management and Budget by this Act may be expended for
    the altering of the transcript of actual testimony of witnesses, except
    for testimony of officials of the Office of Management and Budget,
    before the Committees on Appropriations or the Committees on Veterans'
    Affairs or their subcommittees:

    [[Page 446]]

    117 STAT. 446

    Provided further, That the preceding shall not apply to printed hearings
    released by the Committees on Appropriations or the Committees on
    Veterans' Affairs: Provided further, That none of the funds appropriated
    in this Act may be available to pay the salary or expenses of any
    employee of the Office of Management and Budget who, after February 15,
    2003, calculates, prepares, or approves any tabular or other material
    that proposes the sub-allocation of budget authority or outlays by the
    Committees on Appropriations among their subcommittees.

    Office of National Drug Control Policy

    salaries and expenses

    (including transfer of funds)

    For necessary expenses of the Office of National Drug Control
    Policy; for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.); not
    to exceed $10,000 for official reception and representation expenses;
    and for participation in joint projects or in the provision of services
    on matters of mutual interest with nonprofit, research, or public
    organizations or agencies, with or without reimbursement, $26,456,000;
    of which $2,350,000 shall remain available until expended, consisting of
    $1,350,000 for policy research and evaluation, and $1,000,000 for the
    National Alliance for Model State Drug Laws: Provided, [NOTE: 21 USC
    1702 note.] That the Office is authorized to accept, hold, administer,
    and utilize gifts, both real and personal, public and private, without
    fiscal year limitation, for the purpose of aiding or facilitating the
    work of the Office: Provided further, That $5,000,000 of these funds
    shall not be obligated until the Director submits performance measures
    of effectiveness for the High Intensity Drug Trafficking Areas program
    to the House Committee on Appropriations: Provided further, That
    $2,000,000 of these funds shall not be obligated until the Director
    submits, and the Committees on Appropriations approve, a human capital
    strategy for the Office.

    counterdrug technology assessment center

    (including transfer of funds)

    For necessary expenses for the Counterdrug Technology Assessment
    Center for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
    $48,000,000, which shall remain available until expended, consisting of
    $22,000,000 for counternarcotics research and development projects, and
    $26,000,000 for the continued operation of the technology transfer
    program: Provided, That the $22,000,000 for counternarcotics research
    and development projects shall be available for transfer to other
    Federal departments or agencies.

    [[Page 447]]

    117 STAT. 447

    Federal Drug Control Programs

    high intensity drug trafficking areas program

    (including transfer of funds)

    For [NOTE: Deadline.] necessary expenses of the Office of National
    Drug Control Policy's High Intensity Drug Trafficking Areas Program,
    $226,350,000, for drug control activities consistent with the approved
    strategy for each of the designated High Intensity Drug Trafficking
    Areas, of which no less than 51 percent shall be transferred to State
    and local entities for drug control activities, which shall be obligated
    within 120 days of the date of the enactment of this Act: Provided, That
    up to 49 percent, to remain available until September 30, 2004, may be
    transferred to Federal agencies and departments at a rate to be
    determined by the Director, of which not less than $2,100,000 shall be
    used for auditing services and associated activities, and at least
    $500,000 of the $2,100,000 shall be used to develop and implement a data
    collection system to measure the performance of the High Intensity Drug
    Trafficking Areas Program: Provided further, That High Intensity Drug
    Trafficking Areas Programs designated as of September 30, 2002, shall be
    funded at no less than the fiscal year 2002 initial allocation levels
    unless the Director submits to the Committees on Appropriations, and the
    Committees approve, justification for changes in those levels based on
    clearly articulated priorities for the High Intensity Drug Trafficking
    Areas Programs, as well as published Office of National Drug Control
    Policy performance measures of effectiveness: Provided further, That no
    funds of an amount in excess of the fiscal year 2003 budget request
    shall be obligated prior to the approval of the Committee on
    Appropriations: Provided further, [NOTE: Reports.] That no funds shall
    be used for any further or additional consolidation of the Southwest
    Border High Intensity Drug Trafficking Area, except for the operation of
    an office with a coordinating role, until the Office submits a report on
    the structure of the Southwest Border High Intensity Drug Trafficking
    Area.

    special forfeiture fund

    (including transfer of funds)

    For activities to support a national anti-drug campaign for youth,
    and for other purposes, authorized by the Office of National Drug
    Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
    $223,200,000, to remain available until expended, of which the following
    amounts are available as follows: $150,000,000 to support a national
    media campaign, as authorized by the Drug-Free Media Campaign Act of
    1998; $60,000,000 to continue a program of matching grants to drug-free
    communities, of which $2,000,000 shall be a directed grant to the
    Community Anti-Drug Coalitions of America for the National Community
    Anti-Drug Coalition Institute, as authorized in chapter 2 of the
    National Narcotics Leadership Act of 1988, as amended; $3,000,000 for
    the Counterdrug Intelligence Executive Secretariat; $2,000,000 for
    evaluations and research related to National Drug Control Program
    performance measures; $1,000,000 for the National Drug Court Institute;
    $6,400,000 for the United States Anti-Doping Agency for anti-doping
    activities; and $800,000 for the United States membership dues to the
    World Anti-Doping Agency: Provided, That such funds may

    [[Page 448]]

    117 STAT. 448

    be transferred to other Federal departments and agencies to carry out
    such activities.

    Unanticipated Needs

    For expenses necessary to enable the President to meet unanticipated
    needs, in furtherance of the national interest, security, or defense
    which may arise at home or abroad during the current fiscal year, as
    authorized by 3 U.S.C. 108, $1,000,000.
    This title may be cited as the ``Executive Office Appropriations
    Act, 2003''.

    TITLE IV--INDEPENDENT [NOTE: Independent Agencies Appropriations Act,
    2003.] AGENCIES

    Committee for Purchase From People Who Are Blind or Severely Disabled

    salaries and expenses

    For necessary expenses of the Committee for Purchase From People Who
    Are Blind or Severely Disabled established by Public Law 92-28,
    $4,658,000.

    Federal Election Commission

    salaries and expenses

    For necessary expenses to carry out the provisions of the Federal
    Election Campaign Act of 1971, as amended, $49,866,000, of which no less
    than $5,866,700 shall be available for internal automated data
    processing systems, and of which not to exceed $5,000 shall be available
    for reception and representation expenses.

    Federal Labor Relations Authority

    salaries and expenses

    For necessary expenses to carry out functions of the Federal Labor
    Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
    and the Civil Service Reform Act of 1978, including services authorized
    by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
    passenger motor vehicles, and rental of conference rooms in the District
    of Columbia and elsewhere, $28,950,000: Provided, That public members of
    the Federal Service Impasses Panel may be paid travel expenses and per
    diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
    persons employed intermittently in the Government service, and
    compensation as authorized by 5 U.S.C. 3109: Provided further, That
    notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
    Federal participants at labor-management relations conferences shall be
    credited to and merged with this account, to be available without
    further appropriation for the costs of carrying out these conferences.

    [[Page 449]]

    117 STAT. 449

    General Services Administration

    real property activities

    federal buildings fund

    limitations on availability of revenue

    (including transfer of funds)

    For an additional amount to be deposited in, and to be used for the
    purposes of, the Fund established pursuant to section 210(f) of the
    Federal Property and Administrative Services Act of 1949, as amended (40
    U.S.C. 490(f)), $375,711,000. The revenues and collections deposited
    into the Fund shall be available for necessary expenses of real property
    management and related activities not otherwise provided for, including
    operation, maintenance, and protection of federally owned and leased
    buildings; rental of buildings in the District of Columbia; restoration
    of leased premises; moving governmental agencies (including space
    adjustments and telecommunications relocation expenses) in connection
    with the assignment, allocation and transfer of space; contractual
    services incident to cleaning or servicing buildings, and moving; repair
    and alteration of federally owned buildings including grounds,
    approaches and appurtenances; care and safeguarding of sites;
    maintenance, preservation, demolition, and equipment; acquisition of
    buildings and sites by purchase, condemnation, or as otherwise
    authorized by law; acquisition of options to purchase buildings and
    sites; conversion and extension of federally owned buildings;
    preliminary planning and design of projects by contract or otherwise;
    construction of new buildings (including equipment for such buildings);
    and payment of principal, interest, and any other obligations for public
    buildings acquired by installment purchase and purchase contract; in the
    aggregate amount of $7,006,033,000, of which: (1) $717,488,000 shall
    remain available until expended for construction (including funds for
    sites and expenses and associated design and construction services) of
    additional projects at the following locations:
    New Construction:
    Arkansas:
    Little Rock, United States Courthouse Annex,
    $77,154,000.
    California:
    San Diego, United States Courthouse Annex,
    $23,901,000.
    District of Columbia:
    Washington, Southeast Federal Center Site
    Remediation, $6,472,000.
    Florida:
    Fort Pierce, United States Courthouse, $2,744,000.
    Orlando, United States Courthouse, $79,261,000.
    Iowa:
    Cedar Rapids, United States Courthouse, $5,167,000.
    Maine:
    Jackman, Border Station, $9,194,000.
    Maryland:
    Montgomery County, FDA consolidation, $37,600,000.

    [[Page 450]]

    117 STAT. 450

    Suitland, National Oceanic and Atmospheric
    Administration II, $9,461,000.
    Suitland, United States Census Bureau, $176,919,000.
    Mississippi:
    Jackson, United States Courthouse, $7,276,000.
    Missouri:
    Cape Girardeau, United States Courthouse,
    $49,300,000.
    Montana:
    Raymond, Border Station, $7,753,000.
    New York:
    Brooklyn, United States Courthouse Annex--GPO,
    $39,500,000.
    Champlain, Border Station, $4,000,000.
    Massena, Border Station, $1,646,000.
    New York, United States Mission to the United
    Nations, $57,053,000.
    North Dakota:
    Portal, Border Station, $2,201,000.
    Oregon:
    Eugene, United States Courthouse, $77,374,000.
    Tennessee:
    Nashville, United States Courthouse, $7,095,000.
    Texas:
    Austin, United States Courthouse, $13,809,000.
    Utah:
    Salt Lake City, United States Courthouse,
    $9,783,000.
    Washington:
    Oroville, Border Station, $6,572,000.
    Nationwide:
    Nonprospectus Construction, $6,253,000:

    Provided, That funding for any project identified above may be exceeded
    to the extent that savings are effected in other such projects, but not
    to exceed 10 percent of the amounts included in an approved prospectus,
    if required, unless advance approval is obtained from the Committees on
    Appropriations of a greater amount: Provided further, [NOTE: Expiration
    date.] That all funds for direct construction projects shall expire on
    September 30, 2004, and remain in the Federal Buildings Fund except for
    funds for projects as to which funds for design or other funds have been
    obligated in whole or in part prior to such date; (2) $951,529,000 shall
    remain available until expended for repairs and alterations, of which
    $358,340,000 shall be available for basic repairs and alterations and
    $593,189,000 shall be available for the following repairs and
    alterations projects, which includes associated design and construction
    services:
    California:
    Los Angeles, Federal Building, 300 North Los Angeles
    Street.
    San Francisco, Appraisers Building.
    San Francisco, 50 United Nations Plaza Federal
    Building (design).
    Tecate, Tecate United States Border Station.
    Colorado:
    Denver, Byron G. Rogers Federal Building and
    Courthouse.
    Lakewood, Denver Federal Center, Building 53
    (design).

    [[Page 451]]

    117 STAT. 451

    Connecticut:
    New Haven, Robert N. Gaimo Federal Building.
    District of Columbia:
    Federal Office Building 10A Garage.
    Harry S Truman Building (State).
    GSA Central Office (design).
    GSA Regional Office Building (design).
    Herbert C. Hoover Building (design).
    Hawaii:
    Hilo, Federal Building and Post Office (design).
    Illinois:
    Chicago, United States Custom House.
    Iowa:
    Davenport, Federal Building and United States
    Courthouse.
    Maryland:
    Baltimore, Metro West.
    Baltimore, George H. Fallon Federal Building
    (design).
    Woodlawn, Operations Building.
    Massachusetts:
    Boston, John F. Kennedy Federal Building Plaza.
    Minnesota:
    St. Paul, Warren E. Burger Federal Building and
    United States Courthouse (design).
    Missouri:
    Kansas City, Bannister Federal Complex, Building 1.
    Kansas City, Bannister Federal Complex, Building 2.
    New Hampshire:
    Manchester, Norris Cotton Federal Building.
    Portsmouth, Thomas J. McIntyre Federal Building.
    New York:
    New York, Jacob K. Javits Federal Building.
    Ohio:
    Cleveland, Howard M. Metzenbaum United States
    Courthouse.
    Columbus, John W. Bricker Federal Building (design).
    Pennsylvania:
    Pittsburgh, William S. Moorhead Federal Building.
    Texas:
    Dallas, Earle Cabell Federal Building--Courthouse
    and Santa Fe Federal Building.
    Fort Worth, Fritz Garland Lanham Federal Building.
    Washington:
    Seattle, Henry M. Jackson Federal Building.
    Seattle, William Kenzo Nakamura, United States
    Courthouse (design).
    Auburn Warehouse Complex (design).
    Nationwide:
    Elevator Program, Glass Fragmentation Program and
    Anti-Terrorism Program:

    Provided further, That funds made available in any previous Act in the
    Federal Buildings Fund for Repairs and Alterations shall, for prospectus
    projects, be limited to the amount identified for each project, except
    each project in any previous Act may be increased by an amount not to
    exceed 10 percent unless advance approval is obtained from the
    Committees on Appropriations of a greater amount: Provided further, That
    additional projects for

    [[Page 452]]

    117 STAT. 452

    which prospectuses have been fully approved may be funded under this
    category only if advance approval is obtained from the Committees on
    Appropriations: Provided further, That the amounts provided in this or
    any prior Act for ``Repairs and Alterations'' may be used to fund costs
    associated with implementing security improvements to buildings
    necessary to meet the minimum standards for security in accordance with
    current law and in compliance with the reprogramming guidelines of the
    appropriate Committees of the House and Senate: Provided further, That
    the difference between the funds appropriated and expended on any
    projects in this or any prior Act, under the heading `` Repairs and
    Alterations'', may be transferred to Basic Repairs and Alterations or
    used to fund authorized increases in prospectus projects: Provided
    further, That all funds for [NOTE: Expiration date.] repairs and
    alterations prospectus projects shall expire on September 30, 2004 and
    remain in the Federal Buildings Fund except funds for projects as to
    which funds for design or other funds have been obligated in whole or in
    part prior to such date: Provided further, That the amount provided in
    this or any prior Act for Basic Repairs and Alterations may be used to
    pay claims against the Government arising from any projects under the
    heading ``Repairs and Alterations'' or used to fund authorized increases
    in prospectus projects; (3) $178,960,000 for installment acquisition
    payments including payments on purchase contracts which shall remain
    available until expended; (4) $3,113,211,000 for rental of space which
    shall remain available until expended; and (5) $1,965,160,000 for
    building operations which shall remain available until expended:
    Provided further, That funds available to the General Services
    Administration shall not be available for expenses of any construction,
    repair, alteration and acquisition project for which a prospectus, if
    required by the Public Buildings Act of 1959, as amended, has not been
    approved, except that necessary funds may be expended for each project
    for required expenses for the development of a proposed prospectus:
    Provided further, That funds available in the Federal Buildings Fund may
    be expended for emergency repairs when advance approval is obtained from
    the Committees on Appropriations: Provided further, That amounts
    necessary to provide reimbursable special services to other agencies
    under section 210(f)(6) of the Federal Property and Administrative
    Services Act of 1949, as amended (40 U.S.C. 490(f)(6)) and amounts to
    provide such reimbursable fencing, lighting, guard booths, and other
    facilities on private or other property not in Government ownership or
    control as may be appropriate to enable the United States Secret Service
    to perform its protective functions pursuant to 18 U.S.C. 3056, shall be
    available from such revenues and collections: Provided further, That
    revenues and collections and any other sums accruing to this Fund during
    fiscal year 2003, excluding reimbursements under section 210(f)(6) of
    the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
    490(f)(6)) in excess of $7,006,033,000 shall remain in the Fund and
    shall not be available for expenditure except as authorized in
    appropriations Acts.

    general activities

    policy and citizen services

    For expenses authorized by law, not otherwise provided for, for
    Government-wide policy and evaluation activities associated

    [[Page 453]]

    117 STAT. 453

    with the management of real and personal property assets and certain
    administrative services; Government-wide policy support responsibilities
    relating to acquisition, telecommunications, information technology
    management, and related technology activities; providing Internet access
    to Federal information and services; and services as authorized by 5
    U.S.C. 3109, $66,304,000.

    operating expenses

    For expenses authorized by law, not otherwise provided for, for
    Government-wide activities associated with utilization and donation of
    surplus personal property; disposal of real property;
    telecommunications, information technology management, and related
    technology activities; agency-wide policy direction and management, and
    Board of Contract Appeals; accounting, records management, and other
    support services incident to adjudication of Indian Tribal Claims by the
    United States Court of Federal Claims; services as authorized by 5
    U.S.C. 3109; and not to exceed $7,500 for official reception and
    representation expenses, $83,663,000, of which $17,463,000 shall remain
    available until expended.

    office of inspector general

    For necessary expenses of the Office of Inspector General and
    services authorized by 5 U.S.C. 3109, $37,916,000: Provided, That not to
    exceed $15,000 shall be available for payment for information and
    detection of fraud against the Government, including payment for
    recovery of stolen Government property: Provided further, That not to
    exceed $2,500 shall be available for awards to employees of other
    Federal agencies and private citizens in recognition of efforts and
    initiatives resulting in enhanced Office of Inspector General
    effectiveness.

    electronic government fund

    (including transfer of funds)

    For necessary expenses in support of interagency projects that
    enable the Federal Government to expand its ability to conduct
    activities electronically, through the development and implementation of
    innovative uses of the Internet and other electronic methods,
    $5,000,000, to remain available until expended: Provided, That these
    funds may be transferred to Federal agencies to carry out the purposes
    of the Fund: Provided further, That this transfer authority shall be in
    addition to any other transfer authority provided in this Act: Provided
    further, That such transfers may not be made until 10 days after a
    proposed spending plan and justification for each project to be
    undertaken has been submitted to the Committees on Appropriations.

    allowances and office staff for former presidents

    (including transfer of funds)

    For carrying out the provisions of the Act of August 25, 1958, as
    amended (3 U.S.C. 102 note), and Public Law 95-138, $3,339,000:
    Provided, That the Administrator of General Services shall transfer to
    the Secretary of the Treasury such sums as may be necessary to carry out
    the provisions of such Acts.

    [[Page 454]]

    117 STAT. 454

    Election Reform Reimbursements

    For necessary expenses to carry out a program under which a one-time
    payment shall be made to the chief election authority of each State
    which, on a Statewide basis, obtained optical scan or electronic voting
    equipment for the administration of elections for Federal office in the
    State prior to the regularly scheduled general election for Federal
    office in November 2000, $15,000,000: Provided, That the amount of the
    payment made with respect to a State under such program shall be equal
    to the costs incurred by the State in obtaining optical scan or
    electronic voting equipment used to administer the most recent regularly
    scheduled general election for Federal office in the State, except that
    in no case may the amount of the payment exceed $4,000 per voting
    precinct in the State at the time of the election: Provided further,
    That total payments made under such program shall not exceed
    $15,000,000.

    general services administration--general provisions

    Sec. 401. The appropriate appropriation or fund available to the
    General Services Administration shall be credited with the cost of
    operation, protection, maintenance, upkeep, repair, and improvement,
    included as part of rentals received from Government corporations
    pursuant to law (40 U.S.C. 129).
    Sec. 402. Funds available to the General Services Administration
    shall be available for the hire of passenger motor vehicles.
    Sec. 403. Funds in the Federal Buildings Fund made available for
    fiscal year 2003 for Federal Buildings Fund activities may be
    transferred between such activities only to the extent necessary to meet
    program requirements: Provided, That any proposed transfers shall be
    approved in advance by the Committees on Appropriations.
    Sec. 404. No funds made available by this Act shall be used to
    transmit a fiscal year 2004 request for United States Courthouse
    construction that: (1) does not meet the design guide standards for
    construction as established and approved by the General Services
    Administration, the Judicial Conference of the United States, and the
    Office of Management and Budget; and (2) does not reflect the priorities
    of the Judicial Conference of the United States as set out in its
    approved 5-year construction plan: Provided, That the fiscal year 2004
    request must be accompanied by a standardized courtroom utilization
    study of each facility to be constructed, replaced, or expanded.
    Sec. 405. None of the funds provided in this Act may be used to
    increase the amount of occupiable square feet, provide cleaning
    services, security enhancements, or any other service usually provided
    through the Federal Buildings Fund, to any agency that does not pay the
    rate per square foot assessment for space and services as determined by
    the General Services Administration in compliance with the Public
    Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 406. Funds provided to other Government agencies by the
    Information Technology Fund, General Services Administration, under
    section 110 of the Federal Property and Administrative Services Act of
    1949 (40 U.S.C. 757) and sections 5124(b) and 5128 of the Clinger-Cohen
    Act of 1996 (40 U.S.C. 1424(b) and 1428), for performance of pilot
    information technology projects which have

    [[Page 455]]

    117 STAT. 455

    potential for Government-wide benefits and savings, may be repaid to
    this Fund from any savings actually incurred by these projects or other
    funding, to the extent feasible.
    Sec. 407. From funds made available under the heading ``Federal
    Buildings Fund, Limitations on Availability of Revenue'', claims against
    the Government of less than $250,000 arising from direct construction
    projects and acquisition of buildings may be liquidated from savings
    effected in other construction projects with prior notification to the
    Committees on Appropriations.
    Sec. 408. Designation of the Judge Dan M. Russell, Jr. Federal
    Building and United States Courthouse. (a) The Federal building and
    United States courthouse located at 2015 15th Street in Gulfport,
    Mississippi, shall be known and designated as the ``Judge Dan M.
    Russell, Jr. Federal Building and United States Courthouse''.
    (b) Any reference in law, map, regulation, document, paper, or other
    record of the United States to the Federal building and United States
    courthouse referred to in subsection (a) shall be deemed to be a
    reference to the ``Judge Dan M. Russell, Jr. Federal Building and United
    States Courthouse''.
    Sec. 409. Designation. (a) The United States courthouse located at
    100 Federal Plaza in Central Islip, New York, shall be known and
    designated as the ``Alfonse M. D'Amato United States Courthouse''.
    (b) Any reference in law, map, regulation, document, paper, or other
    record of the United States to the United States courthouse referred to
    in subsection (a) shall be deemed to be a reference to the ``Alfonse M.
    D'Amato United States Courthouse''.
    Sec. 410. Designation of Cesar E. Chavez Memorial Building. (a) The
    building known as the Colonnade Center, located at 1244 Speer Boulevard,
    Denver, Colorado, shall be known and designated as the ``Cesar E. Chavez
    Memorial Building''.
    (b) Any reference in law, map, regulation, document, paper, or other
    record of the United States to the building referred to in subsection
    (a) shall be deemed to be a reference to the ``Cesar E. Chavez Memorial
    Building''.
    Sec. 411. For gross obligations for the principal amount of a direct
    loan as defined by section 502 of the Congressional Budget Act of 1974,
    not to exceed $250,000, to be available from amounts transferred by
    Treasury to the ``Disposal of surplus real and related personal
    property'' account of the General Services Administration.
    Sec. 412. Designation of Richard Sheppard Arnold United States
    Courthouse. (a) The United States courthouse located at 600 West Capitol
    Avenue in Little Rock, Arkansas, and any addition to the courthouse that
    may hereafter be constructed, shall be known and designated as the
    ``Richard Sheppard Arnold United States Courthouse''.
    (b) Any reference in a law, map, regulation, document, paper, or
    other record of the United States courthouse referred to in subsection
    (a) shall be deemed to be a reference to the ``Richard Sheppard Arnold
    United States Courthouse''.
    Sec. 413. (a) Notwithstanding any other provision of law, the
    Administrator of General Services is authorized to acquire, by purchase,
    condemnation, or otherwise, the properties known as 26 West Market
    Street, 30 West Market Street, 39 West Market Street, and 40 West Market
    Street in Salt Lake City, Utah. In so acquiring, the Administrator shall
    comply with applicable environmental and

    [[Page 456]]

    117 STAT. 456

    historical preservation statutes. This authority is in addition to the
    authority of the Administrator to acquire any sites necessary for
    construction of the new United States Courthouse in Salt Lake City,
    Utah.
    (b) In addition, the Administrator is authorized to relocate the
    historical building currently located at 39 West Market Street, Salt
    Lake City, Utah, to the parcels known as 26, 30, and 40 West Market
    Street, Salt Lake City, Utah, and after the relocation the Administrator
    is authorized to sell by auction, or upon such other terms and
    conditions as the Administrator deems proper, the properties known as
    26, 30, and 40 West Market Street. All proceeds from such sale shall be
    deposited into the fund established under section 592 of title 40,
    United States Code, and shall not be available for obligation until
    authorized by a future appropriations Act.
    (c) Funds made available in previous appropriations Acts for site,
    design and construction of a new Courthouse in Salt Lake City, as well
    as funds that may be made available for such project in fiscal year 2003
    appropriations Acts, may be used to carry out the purposes of
    subsections (a) and (b).
    Sec. 414. Designation of Nathaniel R. Jones Federal Building and
    United States Courthouse. (a) In General.--The Federal building and
    United States courthouse located at 10 East Commerce Street in
    Youngstown, Ohio, shall be known and designated as the ``Nathaniel R.
    Jones Federal Building and United States Courthouse''.
    (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the Federal building and
    United States courthouse referred to in subsection (a) shall be deemed
    to be a reference to the ``Nathaniel R. Jones Federal Building and
    United States Courthouse''.
    Sec. 415. Designation of Eldon B. Mahon United States Courthouse.
    (a) The United States Courthouse located at 501 West 10th Street in Fort
    Worth, Texas, shall be known and designated as the ``Eldon B. Mahon
    United States Courthouse''.
    (b) Any references in law, map, regulation, document, paper, or
    other record of the United States to the building referred to in
    subsection (a) shall be deemed to be a reference to the ``Eldon B. Mahon
    United States Courthouse''.

    Merit Systems Protection Board

    salaries and expenses

    (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems
    Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and
    the Civil Service Reform Act of 1978, including services as authorized
    by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia
    and elsewhere, hire of passenger motor vehicles, and direct procurement
    of survey printing, $32,027,000 together with not to exceed $2,626,000
    for administrative expenses to adjudicate retirement appeals to be
    transferred from the Civil Service Retirement and Disability Fund in
    amounts determined by the Merit Systems Protection Board.

    [[Page 457]]

    117 STAT. 457

    Morris K. Udall Scholarship and Excellence in National Environmental
    Policy Foundation

    morris k. udall scholarship and excellence in national environmental
    policy trust fund

    For payment to the Morris K. Udall Scholarship and Excellence in
    National Environmental Policy Trust Fund, pursuant to the Morris K.
    Udall Scholarship and Excellence in National Environmental and Native
    American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $1,996,000,
    to remain available until expended: Provided, That up to 60 percent of
    such funds may be transferred by the Morris K. Udall Scholarship and
    Excellence in National Environmental Policy Foundation for the necessary
    expenses of the Native Nations Institute.

    environmental dispute resolution fund

    For payment to the Environmental Dispute Resolution Fund to carry
    out activities authorized in the Environmental Policy and Conflict
    Resolution Act of 1998, $1,309,000, to remain available until expended.

    National Archives and Records Administration

    operating expenses

    For necessary expenses in connection with the administration of the
    National Archives (including the Information Security Oversight Office)
    and archived Federal records and related activities, as provided by law,
    and for expenses necessary for the review and declassification of
    documents, and for the hire of passenger motor vehicles, $249,875,000:
    Provided, That the Archivist of the United States is authorized to use
    any excess funds available from the amount borrowed for construction of
    the National Archives facility, for expenses necessary to provide
    adequate storage for holdings: Provided further, That of the funds made
    available, $11,837,000 is for the electronic records archive,
    $10,137,000 of which shall be available until September 30, 2005:
    Provided further, That, of the funds provided in this paragraph,
    $600,000 shall be for the preservation of the records of the Freedmen's
    Bureau, as required by section 2910 of title 44, United States Code, and
    as authorized by section 3 of the Freedmen's Bureau Records Preservation
    Act of 2000 (Public Law 106-444).

    repairs and restoration

    For the repair, alteration, and improvement of archives facilities,
    and to provide adequate storage for holdings, $14,208,000, to remain
    available until expended, of which $1,250,000 is for the Military
    Personnel Records Center preliminary design studies, $3,250,000 is for
    repairs to the Lyndon Baines Johnson Presidential Library Plaza, and
    $3,750,000 is for locating, purchasing, and other related site location
    expenses for the site of a new regional archives facility to be
    constructed in Anchorage, Alaska.

    [[Page 458]]

    117 STAT. 458

    National Historical Publications and Records Commission

    grants program

    For necessary expenses for allocations and grants for historical
    publications and records as authorized by 44 U.S.C. 2504, as amended,
    $6,500,000, to remain available until expended.

    Office of Government Ethics

    salaries and expenses

    For necessary expenses to carry out functions of the Office of
    Government Ethics pursuant to the Ethics in Government Act of 1978, as
    amended and the Ethics Reform Act of 1989, including services as
    authorized by 5 U.S.C. 3109, rental of conference rooms in the District
    of Columbia and elsewhere, hire of passenger motor vehicles, and not to
    exceed $1,500 for official reception and representation expenses,
    $10,557,000.

    Office of Personnel Management

    salaries and expenses

    (including transfer of trust funds)

    For necessary expenses to carry out functions of the Office of
    Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
    and the Civil Service Reform Act of 1978, including services as
    authorized by 5 U.S.C. 3109; medical examinations performed for veterans
    by private physicians on a fee basis; rental of conference rooms in the
    District of Columbia and elsewhere; hire of passenger motor vehicles;
    not to exceed $2,500 for official reception and representation expenses;
    advances for reimbursements to applicable funds of the Office of
    Personnel Management and the Federal Bureau of Investigation for
    expenses incurred under Executive Order No. 10422 of January 9, 1953, as
    amended; and payment of per diem and/or subsistence allowances to
    employees where Voting Rights Act activities require an employee to
    remain overnight at his or her post of duty, $129,486,000, of which
    $24,000,000 shall remain available until expended for the cost of the
    Government-wide human resources data network project, and $2,500,000
    shall remain available until expended for the cost of leading the
    government-wide initiative to modernize the Federal payroll systems and
    service delivery; and in addition $120,791,000 for administrative
    expenses, to be transferred from the appropriate trust funds of the
    Office of Personnel Management without regard to other statutes,
    including direct procurement of printed materials, for the retirement
    and insurance programs, of which $27,640,000 shall remain available
    until expended for the cost of automating the retirement recordkeeping
    systems: Provided, That the provisions of this appropriation shall not
    affect the authority to use applicable trust funds as provided by
    sections 8348(a)(1)(B), 8909(g), and 9004(f)(1)(A) and (2)(A) of title
    5, United States Code: Provided further, That no part of this
    appropriation shall be available for salaries and expenses of the Legal
    Examining Unit of the Office of Personnel Management established
    pursuant to Executive Order No. 9358 of July 1, 1943, or any successor
    unit of like purpose: Provided further, That the President's Commission
    on White House

    [[Page 459]]
    117 STAT. 459

    Fellows, established by Executive Order No. 11183 of October 3, 1964,
    may, during fiscal year 2003, accept donations of money, property, and
    personal services in connection with the development of a publicity
    brochure to provide information about the White House Fellows, except
    that no such donations shall be accepted for travel or reimbursement of
    travel expenses, or for the salaries of employees of such Commission.

    office of inspector general

    salaries and expenses

    (including transfer of trust funds)

    For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act, as amended,
    including services as authorized by 5 U.S.C. 3109, hire of passenger
    motor vehicles, $1,519,000, and in addition, not to exceed $10,886,000
    for administrative expenses to audit, investigate, and provide other
    oversight of the Office of Personnel Management's retirement and
    insurance programs, to be transferred from the appropriate trust funds
    of the Office of Personnel Management, as determined by the Inspector
    General: Provided, That the Inspector General is authorized to rent
    conference rooms in the District of Columbia and elsewhere.

    government payment for annuitants, employees health benefits

    For payment of Government contributions with respect to retired
    employees, as authorized by chapter 89 of title 5, United States Code,
    and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as
    amended, such sums as may be necessary.

    government payment for annuitants, employee life insurance

    For payment of Government contributions with respect to employees
    retiring after December 31, 1989, as required by chapter 87 of title 5,
    United States Code, such sums as may be necessary.

    payment to civil service retirement and disability fund

    For financing the unfunded liability of new and increased annuity
    benefits becoming effective on or after October 20, 1969, as authorized
    by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
    Civil Service Retirement and Disability Fund, such sums as may be
    necessary: Provided, [NOTE: 33 USC 776.] That annuities authorized by
    the Act of May 29, 1944, as amended, and the Act of August 19, 1950, as
    amended (33 U.S.C. 771-775), may hereafter be paid out of the Civil
    Service Retirement and Disability Fund.

    Office of Special Counsel

    salaries and expenses

    For necessary expenses to carry out functions of the Office of
    Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
    Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
    Protection Act of 1989 (Public Law 101-

    [[Page 460]]

    117 STAT. 460

    12), Public Law 103-424, and the Uniformed Services Employment and
    Reemployment Act of 1994 (Public Law 103-353), including services as
    authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses,
    rental of conference rooms in the District of Columbia and elsewhere,
    and hire of passenger motor vehicles; $12,449,000.

    United States Tax Court

    salaries and expenses

    For necessary expenses, including contract reporting and other
    services as authorized by 5 U.S.C. 3109, $37,305,000: Provided,
    That [NOTE: 26 USC 7443 note.] travel expenses of the judges shall be
    paid upon the written certificate of the judge.

    White House Commission on the National Moment of Remembrance

    For necessary expenses of the White House Commission on the National
    Moment of Remembrance, as authorized by Public Law 106-579, $250,000.
    This title may be cited as the ``Independent Agencies Appropriations
    Act, 2003''.

    TITLE V--GENERAL PROVISIONS

    This Act

    Sec. 501. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
    Sec. 502. The expenditure of any appropriation under this Act for
    any consulting service through procurement contract, pursuant to 5
    U.S.C. 3109, shall be limited to those contracts where such expenditures
    are a matter of public record and available for public inspection,
    except where otherwise provided under existing law, or under existing
    Executive order issued pursuant to existing law.
    Sec. 503. None of the funds made available by this Act shall be
    available for any activity or for paying the salary of any Government
    employee where funding an activity or paying a salary to a Government
    employee would result in a decision, determination, rule, regulation, or
    policy that would prohibit the enforcement of section 307 of the Tariff
    Act of 1930.
    Sec. 504. No part of any appropriation contained in this Act shall
    be available to pay the salary for any person filling a position, other
    than a temporary position, formerly held by an employee who has left to
    enter the Armed Forces of the United States and has satisfactorily
    completed his period of active military or naval service, and has within
    90 days after his release from such service or from hospitalization
    continuing after discharge for a period of not more than 1 year, made
    application for restoration to his former position and has been
    certified by the Office of Personnel Management as still qualified to
    perform the duties of his former position and has not been restored
    thereto.
    Sec. 505. No funds appropriated pursuant to this Act may be expended
    by an entity unless the entity agrees that in expending

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    117 STAT. 461

    the assistance the entity will comply with sections 2 through 4 of the
    Buy American Act (41 U.S.C. 10a-10c).
    Sec. 506. (a) Purchase of American-Made Equipment and Products.--In
    the case of any equipment or products that may be authorized to be
    purchased with financial assistance provided under this Act, it is the
    sense of the Congress that entities receiving such assistance should, in
    expending the assistance, purchase only American-made equipment and
    products.
    (b) Notice to Recipients of Assistance.--In providing financial
    assistance under this Act, the Secretary of the Treasury shall provide
    to each recipient of the assistance a notice describing the statement
    made in subsection (a) by the Congress.
    Sec. 507. If it has been finally determined by a court or Federal
    agency that any person intentionally affixed a label bearing a ``Made in
    America'' inscription, or any inscription with the same meaning, to any
    product sold in or shipped to the United States that is not made in the
    United States, such person shall be ineligible to receive any contract
    or subcontract made with funds provided pursuant to this Act, pursuant
    to the debarment, suspension, and ineligibility procedures described in
    sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 508. Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the end
    of fiscal year 2003 from appropriations made available for salaries and
    expenses for fiscal year 2003 in this Act, shall remain available
    through September 30, 2004, for each such account for the purposes
    authorized: Provided, That a request shall be submitted to the
    Committees on Appropriations for approval prior to the expenditure of
    such funds: Provided further, That these requests shall be made in
    compliance with reprogramming guidelines.
    Sec. 509. None of the funds made available in this Act may be used
    by the Executive Office of the President to request from the Federal
    Bureau of Investigation any official background investigation report on
    any individual, except when--
    (1) such individual has given his or her express written
    consent for such request not more than 6 months prior to the
    date of such request and during the same presidential
    administration; or
    (2) such request is required due to extraordinary
    circumstances involving national security.

    Sec. 510. The cost accounting standards promulgated under section 26
    of the Office of Federal Procurement Policy Act (Public Law 93-400; 41
    U.S.C. 422) shall not apply with respect to a contract under the Federal
    Employees Health Benefits Program established under chapter 89 of title
    5, United States Code.
    Sec. 511. For the purpose of resolving litigation and implementing
    any settlement agreements regarding the nonforeign area cost-of-living
    allowance program, the Office of Personnel Management may accept and
    utilize (without regard to any restriction on unanticipated travel
    expenses imposed in an Appropriations Act) funds made available to the
    Office pursuant to court approval.
    Sec. 512. No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 10a-10c).

    [[Page 462]]

    117 STAT. 462

    Sec. 513. Endowment for Presidential Libraries. Section 2112(g) of
    title 44, United States Code, is amended by adding at the end the
    following:
    ``(5)(A) Notwithstanding paragraphs (3) and (4) (to the
    extent that such paragraphs are inconsistent with this
    paragraph), this subsection shall be administered in accordance
    with this paragraph with respect to any Presidential archival
    depository created as a depository for the papers, documents,
    and other historical materials and Presidential records
    pertaining to any President who takes the oath of office as
    President for the first time on or after July 1, 2002.
    ``(B) For purposes of subparagraphs (A)(ii), (B)(i)(II), and
    (B)(ii)(II) of paragraph (3) the percentage of 40 percent shall
    apply instead of 20 percent.
    ``(C)(i) In this subparagraph, the term `base endowment
    amount' means the amount of the endowment required under
    paragraph (3).
    ``(ii)(I) The Archivist may give credits against the base
    endowment amount if the Archivist determines that the proposed
    Presidential archival depository will have construction features
    or equipment that are expected to result in quantifiable long-
    term savings to the Government with respect to the cost of
    facility operations.
    ``(II) The features and equipment described under subclause
    (I) shall comply with the standards promulgated by the Archivist
    under subsection (a)(2).
    ``(III) The [NOTE: Standards.] Archivist shall promulgate
    standards to be used in calculating the dollar amount of any
    credit to be given, and shall consult with all donors of the
    endowment before giving any credits. The total dollar amount of
    credits given under this paragraph may not exceed 20 percent of
    the base endowment amount.
    ``(D)(i) In calculating the additional endowment amount
    required under paragraph (4), the Archivist shall take into
    account credits given under subparagraph (C), and may also give
    credits against the additional endowment amount required under
    paragraph (4), if the Archivist determines that construction
    features or equipment used in making or equipping the physical
    or material change or addition are expected to result in
    quantifiable long-term savings to the Government with respect to
    the cost of facility operations.
    ``(ii) The features and equipment described under clause (i)
    shall comply with the standards promulgated by the Archivist
    under subsection (a)(2).
    ``(iii) [NOTE: Standards.] The Archivist shall promulgate
    standards to be used in calculating the dollar amount of any
    credit to be given, and shall consult with all donors of the
    endowment before giving any credits. The total dollar amount of
    credits given under this paragraph may not exceed 20 percent of
    the additional endowment amount required under paragraph (4).''.

    Sec. 514. 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. 515. None of the funds made available by this Act shall be
    available for the purpose of transferring control over the Federal

    [[Page 463]]

    117 STAT. 463

    Law Enforcement Training Center located at Glynco, Georgia, and Artesia,
    New Mexico, out of the Department of Homeland Security.
    Sec. 516. [NOTE: Abortions.] No funds appropriated by this Act
    shall be available to pay for an abortion, or the administrative
    expenses in connection with any health plan under the Federal employees
    health benefit program which provides any benefits or coverage for
    abortions.

    Sec. 517. The provision of section 516 shall not apply where the
    life of the mother would be endangered if the fetus were carried to
    term, or the pregnancy is the result of an act of rape or incest.
    Sec. 518. None of the funds provided in this Act may be used to
    procure any products, articles, goods, or wares mined, manufactured, or
    produced wholly or in part by forced or indentured child labor as
    identified in the 1995 U.S. Department of Labor Report on Forced and
    Bonded Child Labor, the 2002 U.S. Department of Labor Findings on the
    Worst Forms of Child Labor, or the most recent U.S. Department of State
    Human Rights Country Reports.

    TITLE VI--GENERAL PROVISIONS

    Departments, Agencies, and Corporations

    Sec. 601. Funds appropriated in this or any other Act may be used to
    pay travel to the United States for the immediate family of employees
    serving abroad in cases of death or life threatening illness of said
    employee.
    Sec. 602. No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for
    fiscal year 2003 shall obligate or expend any such funds, unless such
    department, agency, or instrumentality has in place, and will continue
    to administer in good faith, a written policy designed to ensure that
    all of its workplaces are free from the illegal use, possession, or
    distribution of controlled substances (as defined in the Controlled
    Substances Act) by the officers and employees of such department,
    agency, or instrumentality.
    Sec. 603. [NOTE: 31 USC 1343 note.] Unless otherwise specifically
    provided, the maximum amount allowable during the current fiscal year in
    accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810),
    for the purchase of any passenger motor vehicle (exclusive of buses,
    ambulances, law enforcement, and undercover surveillance vehicles), is
    hereby fixed at $8,100 except station wagons for which the maximum shall
    be $9,100: Provided, That these limits may be exceeded by not to exceed
    $3,700 for police-type vehicles, and by not to exceed $4,000 for special
    heavy-duty vehicles: Provided further, That the limits set forth in this
    section may not be exceeded by more than 5 percent for electric or
    hybrid vehicles purchased for demonstration under the provisions of the
    Electric and Hybrid Vehicle Research, Development, and Demonstration Act
    of 1976: Provided further, That the limits set forth in this section may
    be exceeded by the incremental cost of clean alternative fuels vehicles
    acquired pursuant to Public Law 101-549 over the cost of comparable
    conventionally fueled vehicles.

    Sec. 604. Appropriations of the executive departments and
    independent establishments for the current fiscal year available for
    expenses of travel, or for the expenses of the activity concerned, are
    hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.

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    117 STAT. 464

    Sec. 605. [NOTE: 5 USC 3101 note.] Unless otherwise specified
    during the current fiscal year, no part of any appropriation contained
    in this or any other Act shall be used to pay the compensation of any
    officer or employee of the Government of the United States (including
    any agency the majority of the stock of which is owned by the Government
    of the United States) whose post of duty is in the continental United
    States unless such person: (1) is a citizen of the United States; (2) is
    a person in the service of the United States on the date of the
    enactment of this Act who, being eligible for citizenship, has filed a
    declaration of intention to become a citizen of the United States prior
    to such date and is actually residing in the United States; (3) is a
    person who owes allegiance to the United States; (4) is an alien from
    Cuba, Poland, South Vietnam, the countries of the former Soviet Union,
    or the Baltic countries lawfully admitted to the United States for
    permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian
    refugee paroled in the United States after January 1, 1975; or (6) is a
    national of the People's Republic of China who qualifies for adjustment
    of status pursuant to the Chinese Student Protection Act of 1992:
    Provided, That for the purpose of this section, an affidavit signed by
    any such person shall be considered prima facie evidence that the
    requirements of this section with respect to his or her status have been
    complied with: Provided further, That any person making a false
    affidavit shall be guilty of a felony, and, upon conviction, shall be
    fined no more than $4,000 or imprisoned for not more than 1 year, or
    both: Provided further, That the above penal clause shall be in addition
    to, and not in substitution for, any other provisions of existing law:
    Provided further, That any payment made to any officer or employee
    contrary to the provisions of this section shall be recoverable in
    action by the Federal Government. This section shall not apply to
    citizens of Ireland, Israel, or the Republic of the Philippines, or to
    nationals of those countries allied with the United States in a current
    defense effort, or to international broadcasters employed by the United
    States Information Agency, or to temporary employment of translators, or
    to temporary employment in the field service (not to exceed 60 days) as
    a result of emergencies.

    Sec. 606. Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
    Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
    law.
    Sec. 607. In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
    (1) Acquisition, waste reduction and prevention, and
    recycling programs as described in Executive Order No. 13101
    (September 14, 1998), including any such programs adopted prior
    to the effective date of the Executive order.

    [[Page 465]]

    117 STAT. 465

    (2) Other Federal agency environmental management programs,
    including, but not limited to, the development and
    implementation of hazardous waste management and pollution
    prevention programs.
    (3) Other employee programs as authorized by law or as
    deemed appropriate by the head of the Federal agency.

    Sec. 608. Funds made available by this or any other Act for
    administrative expenses in the current fiscal year of the corporations
    and agencies subject to chapter 91 of title 31, United States Code,
    shall be available, in addition to objects for which such funds are
    otherwise available, for rent in the District of Columbia; services in
    accordance with 5 U.S.C. 3109; and the objects specified under this
    head, all the provisions of which shall be applicable to the expenditure
    of such funds unless otherwise specified in the Act by which they are
    made available: Provided, That in the event any functions budgeted as
    administrative expenses are subsequently transferred to or paid from
    other funds, the limitations on administrative expenses shall be
    correspondingly reduced.
    Sec. 609. No part of any appropriation for the current fiscal year
    contained in this or any other Act shall be paid to any person for the
    filling of any position for which he or she has been nominated after the
    Senate has voted not to approve the nomination of said person.
    Sec. 610. No part of any appropriation contained in this or any
    other Act shall be available for interagency financing of boards (except
    Federal Executive Boards), commissions, councils, committees, or similar
    groups (whether or not they are interagency entities) which do not have
    a prior and specific statutory approval to receive financial support
    from more than one agency or instrumentality.
    Sec. 611. Funds made available by this or any other Act to the
    Postal Service Fund (39 U.S.C. 2003) shall be available for employment
    of guards for all buildings and areas owned or occupied by the Postal
    Service and under the charge and control of the Postal Service, and such
    guards shall have, with respect to such property, the powers of special
    policemen provided by the first section of the Act of June 1, 1948, as
    amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or
    occupied by the Postal Service, the Postmaster General may take the same
    actions as the Administrator of General Services may take under the
    provisions of sections 2 and 3 of the Act of June 1, 1948, as amended
    (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal
    consequences under the authority and within the limits provided in
    section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40
    U.S.C. 318c).
    Sec. 612. None of the funds made available pursuant to the
    provisions of this Act shall be used to implement, administer, or
    enforce any regulation which has been disapproved pursuant to a
    resolution of disapproval duly adopted in accordance with the applicable
    law of the United States.
    Sec. 613. [NOTE: 5 USC 5343 note.] (a) Notwithstanding any other
    provision of law, and except as otherwise provided in this section, no
    part of any of the funds appropriated for fiscal year 2003, by this or
    any other Act, may be used to pay any prevailing rate employee described
    in section 5342(a)(2)(A) of title 5, United States Code--
    (1) during the period from the date of expiration of the
    limitation imposed by section 613 of the Treasury and General

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    117 STAT. 466

    Government Appropriations Act, 2002, until the normal effective
    date of the applicable wage survey adjustment that is to take
    effect in fiscal year 2003, in an amount that exceeds the rate
    payable for the applicable grade and step of the applicable wage
    schedule in accordance with such section 613; and
    (2) during the period consisting of the remainder of fiscal
    year 2003, in an amount that exceeds, as a result of a wage
    survey adjustment, the rate payable under paragraph (1) by more
    than the sum of--
    (A) the percentage adjustment taking effect in
    fiscal year 2003 under section 5303 of title 5, United
    States Code, in the rates of pay under the General
    Schedule; and
    (B) the difference between the overall average
    percentage of the locality-based comparability payments
    taking effect in fiscal year 2003 under section 5304 of
    such title (whether by adjustment or otherwise), and the
    overall average percentage of such payments which was
    effective in fiscal year 2002 under such section.

    (b) Notwithstanding any other provision of law, no prevailing rate
    employee described in subparagraph (B) or (C) of section 5342(a)(2) of
    title 5, United States Code, and no employee covered by section 5348 of
    such title, may be paid during the periods for which subsection (a) is
    in effect at a rate that exceeds the rates that would be payable under
    subsection (a) were subsection (a) applicable to such employee.
    (c) [NOTE: Regulations.] For the purposes of this section, the
    rates payable to an employee who is covered by this section and who is
    paid from a schedule not in existence on September 30, 2002, shall be
    determined under regulations prescribed by the Office of Personnel
    Management.

    (d) Notwithstanding any other provision of law, rates of premium pay
    for employees subject to this section may not be changed from the rates
    in effect on September 30, 2002, except to the extent determined by the
    Office of Personnel Management to be consistent with the purpose of this
    section.
    (e) [NOTE: Applicability.] This section shall apply with respect
    to pay for service performed after September 30, 2002.

    (f) For the purpose of administering any provision of law (including
    any rule or regulation that provides premium pay, retirement, life
    insurance, or any other employee benefit) that requires any deduction or
    contribution, or that imposes any requirement or limitation on the basis
    of a rate of salary or basic pay, the rate of salary or basic pay
    payable after the application of this section shall be treated as the
    rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or require
    the payment to any employee covered by this section at a rate in excess
    of the rate that would be payable were this section not in effect.
    (h) The Office of Personnel Management may provide for exceptions to
    the limitations imposed by this section if the Office determines that
    such exceptions are necessary to ensure the recruitment or retention of
    qualified employees.
    Sec. 614. During the period in which the head of any department or
    agency, or any other officer or civilian employee of the Government
    appointed by the President of the United States, holds

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    117 STAT. 467

    office, no funds may be obligated or expended in excess of $5,000 to
    furnish or redecorate the office of such department head, agency head,
    officer, or employee, or to purchase furniture or make improvements for
    any such office, unless advance notice of such furnishing or
    redecoration is expressly approved by the Committees on Appropriations.
    For the purposes of this section, the term ``office'' shall include the
    entire suite of offices assigned to the individual, as well as any other
    space used primarily by the individual or the use of which is directly
    controlled by the individual.
    Sec. 615. Notwithstanding any other provision of law, no executive
    branch agency shall purchase, construct, and/or lease any additional
    facilities, except within or contiguous to existing locations, to be
    used for the purpose of conducting Federal law enforcement training
    without the advance approval of the Committees on Appropriations, except
    that the Federal Law Enforcement Training Center is authorized to obtain
    the temporary use of additional facilities by lease, contract, or other
    agreement for training which cannot be accommodated in existing Center
    facilities.
    Sec. 616. Notwithstanding section 1346 of title 31, United States
    Code, or section 610 of this Act, funds made available for the current
    fiscal year by this or any other Act shall be available for the
    interagency funding of national security and emergency preparedness
    telecommunications initiatives which benefit multiple Federal
    departments, agencies, or entities, as provided by Executive Order No.
    12472 (April 3, 1984).
    Sec. 617. (a) None of the funds appropriated by this or any other
    Act may be obligated or expended by any Federal department, agency, or
    other instrumentality for the salaries or expenses of any employee
    appointed to a position of a confidential or policy-determining
    character excepted from the competitive service pursuant to section 3302
    of title 5, United States Code, without a certification to the Office of
    Personnel Management from the head of the Federal department, agency, or
    other instrumentality employing the Schedule C appointee that the
    Schedule C position was not created solely or primarily in order to
    detail the employee to the White House.
    (b) The provisions of this section shall not apply to Federal
    employees or members of the armed services detailed to or from--
    (1) the Central Intelligence Agency;
    (2) the National Security Agency;
    (3) the Defense Intelligence Agency;
    (4) the offices within the Department of Defense for the
    collection of specialized national foreign intelligence through
    reconnaissance programs;
    (5) the Bureau of Intelligence and Research of the
    Department of State;
    (6) any agency, office, or unit of the Army, Navy, Air
    Force, and Marine Corps, the Federal Bureau of Investigation and
    the Drug Enforcement Administration of the Department of
    Justice, the Department of Transportation, the Department of the
    Treasury, and the Department of Energy performing intelligence
    functions; and
    (7) the Director of Central Intelligence.

    Sec. 618. No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for the
    current fiscal year shall obligate or expend any such funds, unless such
    department, agency, or instrumentality has in

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    117 STAT. 468

    place, and will continue to administer in good faith, a written policy
    designed to ensure that all of its workplaces are free from
    discrimination and sexual harassment and that all of its workplaces are
    not in violation of title VII of the Civil Rights Act of 1964, as
    amended, the Age Discrimination in Employment Act of 1967, and the
    Rehabilitation Act of 1973.
    Sec. 619. None of the funds made available in this Act for the
    United States Customs Service may be used to allow--
    (1) the importation into the United States of any good,
    ware, article, or merchandise mined, produced, or manufactured
    by forced or indentured child labor, as determined pursuant to
    section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); or
    (2) the release into the United States of any good, ware,
    article, or merchandise on which the United States Customs
    Service has in effect a detention order, pursuant to such
    section 307, on the basis that the good, ware, article, or
    merchandise may have been mined, produced, or manufactured by
    forced or indentured child labor.

    Sec. 620. No part of any appropriation contained in this or any
    other Act shall be available for the payment of the salary of any
    officer or employee of the Federal Government, who--
    (1) prohibits or prevents, or attempts or threatens to
    prohibit or prevent, any other officer or employee of the
    Federal Government from having any direct oral or written
    communication or contact with any Member, committee, or
    subcommittee of the Congress in connection with any matter
    pertaining to the employment of such other officer or employee
    or pertaining to the department or agency of such other officer
    or employee in any way, irrespective of whether such
    communication or contact is at the initiative of such other
    officer or employee or in response to the request or inquiry of
    such Member, committee, or subcommittee; or
    (2) removes, suspends from duty without pay, demotes,
    reduces in rank, seniority, status, pay, or performance of
    efficiency rating, denies promotion to, relocates, reassigns,
    transfers, disciplines, or discriminates in regard to any
    employment right, entitlement, or benefit, or any term or
    condition of employment of, any other officer or employee of the
    Federal Government, or attempts or threatens to commit any of
    the foregoing actions with respect to such other officer or
    employee, by reason of any communication or contact of such
    other officer or employee with any Member, committee, or
    subcommittee of the Congress as described in paragraph (1).

    Sec. 621. (a) None of the funds made available in this or any other
    Act may be obligated or expended for any employee training that--
    (1) does not meet identified needs for knowledge, skills,
    and abilities bearing directly upon the performance of official
    duties;
    (2) contains elements likely to induce high levels of
    emotional response or psychological stress in some participants;
    (3) does not require prior employee notification of the
    content and methods to be used in the training and written end
    of course evaluation;

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    117 STAT. 469

    (4) contains any methods or content associated with
    religious or quasi-religious belief systems or ``new age''
    belief systems as defined in Equal Employment Opportunity
    Commission Notice N-915.022, dated September 2, 1988; or
    (5) is offensive to, or designed to change, participants'
    personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
    Sec. 622. No funds appropriated in this or any other Act may be used
    to implement or enforce the agreements in Standard Forms 312 and 4414 of
    the Government or any other nondisclosure policy, form, or agreement if
    such policy, form, or agreement does not contain the following
    provisions: ``These restrictions are consistent with and do not
    supersede, conflict with, or otherwise alter the employee obligations,
    rights, or liabilities created by Executive Order No. 12958; section
    7211 of title 5, United States Code (governing disclosures to Congress);
    section 1034 of title 10, United States Code, as amended by the Military
    Whistleblower Protection Act (governing disclosure to Congress by
    members of the military); section 2302(b)(8) of title 5, United States
    Code, as amended by the Whistleblower Protection Act (governing
    disclosures of illegality, waste, fraud, abuse or public health or
    safety threats); the Intelligence Identities Protection Act of 1982 (50
    U.S.C. 421 et seq.) (governing disclosures that could expose
    confidential Government agents); and the statutes which protect against
    disclosure that may compromise the national security, including sections
    641, 793, 794, 798, and 952 of title 18, United States Code, and section
    4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
    definitions, requirements, obligations, rights, sanctions, and
    liabilities created by said Executive order and listed statutes are
    incorporated into this agreement and are controlling.'': Provided, That
    notwithstanding the preceding paragraph, a nondisclosure policy form or
    agreement that is to be executed by a person connected with the conduct
    of an intelligence or intelligence-related activity, other than an
    employee or officer of the United States Government, may contain
    provisions appropriate to the particular activity for which such
    document is to be used. Such form or agreement shall, at a minimum,
    require that the person will not disclose any classified information
    received in the course of such activity unless specifically authorized
    to do so by the United States Government. Such nondisclosure forms shall
    also make it clear that they do not bar disclosures to Congress or to an
    authorized official of an executive agency or the Department of Justice
    that are essential to reporting a substantial violation of law.
    Sec. 623. No part of any funds appropriated in this or any other Act
    shall be used by an agency of the executive branch, other than for
    normal and recognized executive-legislative relationships, for publicity
    or propaganda purposes, and for the preparation, distribution or use of
    any kit, pamphlet, booklet, publication, radio, television or film
    presentation designed to support or defeat legislation pending before
    the Congress, except in presentation to the Congress itself.
    Sec. 624. None of the funds appropriated by this or any other Act
    may be used by an agency to provide a Federal employee's home address to
    any labor organization except when the employee

    [[Page 470]]

    117 STAT. 470

    has authorized such disclosure or when such disclosure has been ordered
    by a court of competent jurisdiction.
    Sec. 625. None of the funds made available in this Act or any other
    Act may be used to provide any non-public information such as mailing or
    telephone lists to any person or any organization outside of the Federal
    Government without the approval of the Committees on Appropriations.
    Sec. 626. No part of any appropriation contained in this or any
    other Act shall be used for publicity or propaganda purposes within the
    United States not heretofore authorized by the Congress.
    Sec. 627. (a) In this section the term ``agency''--
    (1) means an Executive agency as defined under section 105
    of title 5, United States Code;
    (2) includes a military department as defined under section
    102 of such title, the Postal Service, and the Postal Rate
    Commission; and
    (3) shall not include the General Accounting Office.

    (b) Unless authorized in accordance with law or regulations to use
    such time for other purposes, an employee of an agency shall use
    official time in an honest effort to perform official duties. An
    employee not under a leave system, including a Presidential appointee
    exempted under section 6301(2) of title 5, United States Code, has an
    obligation to expend an honest effort and a reasonable proportion of
    such employee's time in the performance of official duties.
    Sec. 628. Notwithstanding 31 U.S.C. 1346 and section 610 of this
    Act, funds made available for the current fiscal year by this or any
    other Act to any department or agency, which is a member of the Joint
    Financial Management Improvement Program (JFMIP), shall be available to
    finance an appropriate share of JFMIP administrative costs, as
    determined by the JFMIP, but not to exceed a total of $800,000 including
    the salary of the Executive Director and staff support.
    Sec. 629. Notwithstanding 31 U.S.C. 1346 and section 610 of this
    Act, the head of each Executive department and agency is hereby
    authorized to transfer to or reimburse the ``Policy and Citizen
    Services'' account, General Services Administration, with the approval
    of the Director of the Office of Management and Budget, funds made
    available for the current fiscal year by this or any other Act,
    including rebates from charge card and other contracts. These funds
    shall be administered by the Administrator of General Services to
    support Government-wide financial, information technology, procurement,
    and other management innovations, initiatives, and activities, as
    approved by the Director of the Office of Management and Budget, in
    consultation with the appropriate interagency groups designated by the
    Director (including the Chief Financial Officers Council and the Joint
    Financial Management Improvement Program for financial management
    initiatives, the Chief Information Officers Council for information
    technology initiatives, and the Procurement Executives Council for
    procurement initiatives). The total funds transferred or reimbursed
    shall not exceed $17,000,000. Such transfers or reimbursements may only
    be made 15 days following notification of the Committees on
    Appropriations by the Director of the Office of Management and Budget.
    Sec. 630. [NOTE: Breastfeeding.] Notwithstanding any other
    provision of law, a woman may breastfeed her child at any location in a
    Federal building

    [[Page 471]]

    117 STAT. 471

    or on Federal property, if the woman and her child are otherwise
    authorized to be present at the location.

    Sec. 631. Nothwithstanding section 1346 of title 31, United States
    Code, or section 610 of this Act, funds made available for the current
    fiscal year by this or any other Act shall be available for the
    interagency funding of specific projects, workshops, studies, and
    similar efforts to carry out the purposes of the National Science and
    Technology Council (authorized by Executive Order No. 12881), which
    benefit multiple Federal departments, agencies, or entities: Provided,
    That [NOTE: Reports. Deadline.] the Office of Management and Budget
    shall provide a report describing the budget of and resources connected
    with the National Science and Technology Council to the Committees on
    Appropriations, the House Committee on Science; and the Senate Committee
    on Commerce, Science, and Transportation 90 days after enactment of this
    Act.

    Sec. 632. Any request for proposals, solicitation, grant
    application, form, notification, press release, or other publications
    involving the distribution of Federal funds shall indicate the agency
    providing the funds and the amount provided. This provision shall apply
    to direct payments, formula funds, and grants received by a State
    receiving Federal funds.
    Sec. 633. Section 403(f) of Public Law 103-356 (31 U.S.C. 501 note)
    is amended by striking ``October 1, 2002'' and inserting ``October 1,
    2003''.
    Sec. 634. (a) Prohibition of Federal Agency Monitoring of Personal
    Information on Use of Internet.--None of the funds made available in
    this or any other Act may be used by any Federal agency--
    (1) to collect, review, or create any aggregate list,
    derived from any means, that includes the collection of any
    personally identifiable information relating to an individual's
    access to or use of any Federal Government Internet site of the
    agency; or
    (2) to enter into any agreement with a third party
    (including another government agency) to collect, review, or
    obtain any aggregate list, derived from any means, that includes
    the collection of any personally identifiable information
    relating to an individual's access to or use of any
    nongovernmental Internet site.

    (b) Exceptions.--The limitations established in subsection (a) shall
    not apply to--
    (1) any record of aggregate data that does not identify
    particular persons;
    (2) any voluntary submission of personally identifiable
    information;
    (3) any action taken for law enforcement, regulatory, or
    supervisory purposes, in accordance with applicable law; or
    (4) any action described in subsection (a)(1) that is a
    system security action taken by the operator of an Internet site
    and is necessarily incident to the rendition of the Internet
    site services or to the protection of the rights or property of
    the provider of the Internet site.

    (c) Definitions.--For the purposes of this section:
    (1) The term ``regulatory'' means agency actions to
    implement, interpret or enforce authorities provided in law.
    (2) The term ``supervisory'' means examinations of the
    agency's supervised institutions, including assessing safety and

    [[Page 472]]

    117 STAT. 472

    soundness, overall financial condition, management practices and
    policies and compliance with applicable standards as provided in
    law.

    Sec. 635. (a) None of the funds appropriated by this Act may be used
    to enter into or renew a contract which includes a provision providing
    prescription drug coverage, except where the contract also includes a
    provision for contraceptive coverage.
    (b) Nothing in this section shall apply to a contract with--
    (1) any of the following religious plans:
    (A) Personal Care's HMO; and
    (B) OSF Health Plans, Inc.; and
    (2) any existing or future plan, if the carrier for the plan
    objects to such coverage on the basis of religious beliefs.

    (c) In implementing this section, any plan that enters into or
    renews a contract under this section may not subject any individual to
    discrimination on the basis that the individual refuses to prescribe or
    otherwise provide for contraceptives because such activities would be
    contrary to the individual's religious beliefs or moral convictions.
    (d) [NOTE: Abortions.] Nothing in this section shall be construed
    to require coverage of abortion or abortion-related services.

    Sec. 636. The Congress of the United States recognizes the United
    States Anti-Doping Agency (USADA) as the official anti-doping agency for
    Olympic, Pan American, and Paralympic sport in the United States.
    Sec. 637. [NOTE: Pay rates. 5 USC 5303 note.] (a) The adjustment
    in rates of basic pay for the statutory pay systems that takes effect in
    fiscal year 2003 under sections 5303 and 5304 of title 5, United States
    Code, shall be an increase of 4.1 percent and shall be effective as of
    the first day of the first applicable pay period beginning on or after
    January 1, 2003.

    (b) Funds used to carry out this section shall be paid from
    appropriations which are made to each applicable department or agency
    for salaries and expenses for fiscal year 2003.
    Sec. 638. [NOTE: Deadline. Reports.] Not later than 6 months after
    the date of enactment of this Act, the Inspector General of each
    applicable department or agency shall submit to the Committee on
    Appropriations a report detailing what policies and procedures are in
    place for each department or agency to give first priority to the
    location of new offices and other facilities in rural areas, as directed
    by the Rural Development Act of 1972.

    Sec. 639. United States Postal Service. (a) The United States Postal
    Service (USPS) is required under title 5, chapter 83, United States
    Code, to fund Civil Service Retirement System benefits attributable to
    USPS employment since 1971.
    (b) The Office of Personnel Management has reviewed the USPS
    financing of the Civil Service Retirement System and determined current
    law payments overfund USPS liability.
    (c) Therefore, it is the Sense of the Congress that the Congress
    should address the USPS funding of the Civil Service Retirement System
    pension benefits.
    Sec.  640. Sense of Congress on Pay Parity. It is the sense of
    Congress that there should be parity between the adjustments in the
    compensation of members of the uniformed services and the adjustments in
    the compensation of civilian employees of the United States, including
    blue collar Federal employees paid under the Federal Wage System.

    [[Page 473]]

    117 STAT. 473

    Sec. 641. (a) In General.--The Administrator of General Services
    shall accept all right, title and interest in the property described in
    subsection (b)--
    (1) [NOTE: Deadline.] if written offer therefor
    (accompanied by such proof of title, property descriptions, and
    other information as the Administration may require) is received
    by the Administrator from the owner of such property within 12
    months after the date of enactment of this Act;
    (2) if all liability with respect to such property and the
    owner of such property will remain with the owner;
    (3) if the private sector is unable to dispose of
    contaminants in the building on such property;
    (4) if the Administrator determines that a significant
    public health risk exists from such property; and
    (5) if the Administrator identifies an appropriate Federal
    agency to accept all right, title, and interest in such
    property.

    (b) Property Location.--The property described in this subsection is
    the property located at 5401 NW Broken Sound Boulevard, Boca Raton,
    Florida, and all improvements thereon.
    (c) Consideration.--The United States shall pay an amount that does
    not exceed $1 in consideration of any right, title, or interest received
    by the United States under this section.
    (d) Report.--Not [NOTE: Deadline.] later than 270 days after the
    date of enactment of this Act, the Administrator shall transmit to
    Congress a comprehensive report describing the efforts made by the
    Administrator to fulfill the conditions described in subsection (a).

    Sec. 642. (a) Notwithstanding paragraph (17) of subsection (a) of
    the Policemen and Firemen's Retirement and Disability Act (sec. 5-
    701(17), D.C. Official Code) or any other provision of such Act to the
    contrary, for purposes of determining the amount of an annuity required
    to be paid under such Act with respect to a United States Secret Service
    member who retired during the period from November 1, 1994, through
    October 29, 1995 and who received availability pay under 5 U.S.C. 5545a
    during that period, the member's average pay shall be computed as if the
    member received availability pay for the 12 consecutive months during
    which the highest salary was earned prior to retirement.
    (b) [NOTE: Applicability.] Subsection (a) shall apply with respect
    to an annuity paid--
    (1) on or after November 1, 1994, in the case of a
    survivor's annuity paid with respect to a Secret Service member
    described in subsection (a); or
    (2) on or after October 1, 2002, with respect to a Secret
    Service member described in subsection (a).

    Sec. 643. [NOTE: Expiration date. 5 USC 5304 note.] Section 902(b)
    of the Law Enforcement Pay Equity Act of 2000 (as enacted into law by
    Public Law 106-554), shall cease to be effective on the first day of the
    first pay period on or after January 1, 2003.

    Sec. 644. [NOTE: 5 USC 552 note.] No funds appropriated under this
    Act or any other Act with respect to any fiscal year shall be available
    to take any action based upon any provision of 5 U.S.C. 552 with respect
    to records collected or maintained pursuant to 18 U.S.C. 846(b),
    923(g)(3) or 923(g)(7), or provided by Federal, State, local, or foreign
    law enforcement agencies in connection with arson or explosives
    incidents or the tracing of a firearm, except that such records may
    continue to be disclosed to the extent and in the manner

    [[Page 474]]

    117 STAT. 474

    that records so collected, maintained, or obtained have been disclosed
    under 5 U.S.C. 552 prior to the date of the enactment of this Act.

    Sec. 645. (a) Section 9505(d) of title 5, United States Code, is
    amended by striking the second sentence and inserting the following:
    ``Such amount may not exceed the maximum amount which would be allowable
    under paragraph (3) of section 5384(b) if such paragraph were applied by
    substituting `the Internal Revenue Service' for `an agency'. ''.
    (b) [NOTE: Applicability. 5 USC 9505 note.] The amendment made by
    subsection (a) shall apply with respect to fiscal years beginning after
    September 30, 2002.

    Sec. 646. None of the funds made available in this Act may be used
    to finalize, implement, administer, or enforce--
    (1) the proposed rule relating to the determination that
    real estate brokerage is an activity that is financial in nature
    or incidental to a financial activity published in the Federal
    Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
    (2) the revision proposed in such rule to section 1501.2 of
    title 12 of the Code of Federal Regulations.

    Sec.  647. While nothing in this section shall prevent any agency of
    the executive branch from subjecting work performed by Federal
    Government employees or private contractors to public-private
    competition or conversions, none of the funds made available in this Act
    may be used by an agency of the executive branch to establish, apply, or
    enforce any numerical goal, target, or quota for subjecting the
    employees of the executive agency to public-private competitions or for
    converting such employees or the work performed by such employees to
    private contractor performance under the Office of Management and Budget
    Circular A-76 or any other administrative regulation, directive, or
    policy unless the goal, target, or quota is based on considered research
    and sound analysis of past activities and is consistent with the stated
    mission of the executive agency. Nothing in this section shall limit the
    use of such funds for the administration of the Government Performance
    and Results Act of 1993 or for the administration of any other provision
    of law.
    Sec. 648. (a) Section 8335(a) of title 5, United States Code, is
    amended by striking ``8336'' and inserting ``8336(e)''.
    (b) [NOTE: Effective date. 5 USC 8335 note.] The amendment made by
    subsection (a) shall be effective as of January 1, 2003.

    This division may be cited as the ``Treasury and General Government
    Appropriations Act, 2003''.

    DIVISION K--VETERANS [NOTE: Departments of Veterans Affairs and Housing
    and Urban Development, and Independent Agencies Appropriations Act,
    2003.] AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT
    AGENCIES APPROPRIATIONS, 2003

    Joint Resolution

    Making appropriations for the Departments of Veterans Affairs and
    Housing and Urban Development, and for sundry independent agencies,
    boards, commissions, corporations, and offices for the fiscal year
    ending September 30, 2003, and for other purposes.

    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the Departments of Veterans
    Affairs and Housing and Urban Development, and for sundry independent
    agencies, boards, commissions, corporations,

    [[Page 475]]

    117 STAT. 475

    and offices for the fiscal year ending September 30, 2003, and for other
    purposes, namely:

    TITLE I--DEPARTMENT OF VETERANS AFFAIRS

    Veterans Benefits Administration

    compensation and pensions

    (including transfer of funds)

    For the payment of compensation benefits to or on behalf of veterans
    and a pilot program for disability examinations as authorized by law (38
    U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits
    to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15,
    51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, emergency and
    other officers' retirement pay, adjusted-service credits and
    certificates, payment of premiums due on commercial life insurance
    policies guaranteed under the provisions of article IV of the Soldiers'
    and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 540 et seq.) and
    for other benefits as authorized by law (38 U.S.C. 107, 1312, 1977, and
    2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat.
    122, 123; 45 Stat. 735; 76 Stat. 1198), $28,949,000,000, to remain
    available until expended: Provided, That not to exceed $17,138,000 of
    the amount appropriated under this heading shall be reimbursed to
    ``General operating expenses'' and ``Medical care'' for necessary
    expenses in implementing those provisions authorized in the Omnibus
    Budget Reconciliation Act of 1990, and in the Veterans' Benefits Act of
    1992 (38 U.S.C. chapters 51, 53, and 55), the funding source for which
    is specifically provided as the ``Compensation and pensions''
    appropriation: Provided further, That such sums as may be earned on an
    actual qualifying patient basis, shall be reimbursed to ``Medical
    facilities revolving fund'' to augment the funding of individual medical
    facilities for nursing home care provided to pensioners as authorized.

    readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or on
    behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30, 31,
    34, 35, 36, 39, 51, 53, 55, and 61), $2,264,808,000, to remain available
    until expended: Provided, That expenses for rehabilitation program
    services and assistance which the Secretary is authorized to provide
    under section 3104(a) of title 38, United States Code, other than under
    subsection (a)(1), (2), (5), and (11) of that section, shall be charged
    to this account.

    veterans insurance and indemnities

    For military and naval insurance, national service life insurance,
    servicemen's indemnities, service-disabled veterans insurance, and
    veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19;
    70 Stat. 887; 72 Stat. 487, $27,530,000, to remain available until
    expended.

    [[Page 476]]

    117 STAT. 476

    veterans housing benefit program fund program account

    (including transfer of funds)

    For the cost of direct and guaranteed loans, such sums as may be
    necessary to carry out the program, as authorized by 38 U.S.C. chapter
    37, as amended: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    during fiscal year 2003, within the resources available, not to exceed
    $300,000 in gross obligations for direct loans are authorized for
    specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct and
    guaranteed loan programs, $168,207,000, which may be transferred to and
    merged with the appropriation for ``General operating expenses''.

    education loan fund program account

    (including transfer of funds)

    For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
    3698, as amended: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    these funds are available to subsidize gross obligations for the
    principal amount of direct loans not to exceed $3,400.
    In addition, for administrative expenses necessary to carry out the
    direct loan program, $70,000, which may be transferred to and merged
    with the appropriation for ``General operating expenses''.

    vocational rehabilitation loans program account

    (including transfer of funds)

    For the cost of direct loans, $55,000, as authorized by 38 U.S.C.
    chapter 31, as amended: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    funds made available under this heading are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $3,626,000.
    In addition, for administrative expenses necessary to carry out the
    direct loan program, $289,000, which may be transferred to and merged
    with the appropriation for ``General operating expenses''.

    native american veteran housing loan program account

    (including transfer of funds)

    For administrative expenses to carry out the direct loan program
    authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $558,000,
    which may be transferred to and merged with the appropriation for
    ``General operating expenses'': Provided, That no new loans in excess of
    $5,000,000 may be made in fiscal year 2003.

    [[Page 477]]

    117 STAT. 477

    guaranteed transitional housing loans for homeless veterans program
    account

    For the administrative expenses to carry out the guaranteed
    transitional housing loan program authorized by 38 U.S.C. chapter 37,
    subchapter VI, not to exceed $750,000 of the amounts appropriated by
    this Act for ``General operating expenses'' and ``Medical care'' may be
    expended.

    Veterans Health Administration

    medical care

    For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, and domiciliary facilities; for furnishing, as
    authorized by law, inpatient and outpatient care and treatment to
    beneficiaries of the Department of Veterans Affairs, including care and
    treatment in facilities not under the jurisdiction of the department;
    and furnishing recreational facilities, supplies, and equipment;
    funeral, burial, and other expenses incidental thereto for beneficiaries
    receiving care in the department; administrative expenses in support of
    planning, design, project management, real property acquisition and
    disposition, construction and renovation of any facility under the
    jurisdiction or for the use of the department; oversight, engineering
    and architectural activities not charged to project cost; repairing,
    altering, improving or providing facilities in the several hospitals and
    homes under the jurisdiction of the department, not otherwise provided
    for, either by contract or by the hire of temporary employees and
    purchase of materials; uniforms or allowances therefor, as authorized by
    5 U.S.C. 5901-5902; aid to State homes as authorized by 38 U.S.C. 1741;
    administrative and legal expenses of the department for collecting and
    recovering amounts owed the department as authorized under 38 U.S.C.
    chapter 17, and the Federal Medical Care Recovery Act, 42 U.S.C. 2651 et
    seq., $23,889,304,000, plus reimbursements: Provided, That,
    notwithstanding any other provision of law, the Secretary of Veterans
    Affairs may establish a priority for treatment for veterans who are
    service-connected disabled, lower income, or have special needs:
    Provided further, That of the funds made available under this heading,
    not to exceed $900,000,000 shall be available until September 30, 2004:
    Provided further, That the Secretary of Veterans Affairs shall conduct
    by contract a program of recovery audits for the fee basis and other
    medical services contracts with respect to payments for hospital care;
    and, notwithstanding 31 U.S.C. 3302(b), amounts collected, by setoff or
    otherwise, as the result of such audits shall be available, without
    fiscal year limitation, for the purposes for which funds are
    appropriated under this heading and the purposes of paying a contractor
    a percent of the amount collected as a result of an audit carried out by
    the contractor: Provided further, That all amounts so collected under
    the preceding proviso with respect to a designated health care region
    (as that term is defined in 38 U.S.C. 1729A(d)(2)) shall be allocated,
    net of payments to the contractor, to that region.

    [[Page 478]]

    117 STAT. 478

    medical care collections fund

    (including transfer of funds)

    Amounts deposited during the current fiscal year in the Department
    of Veterans Affairs Medical Care Collections Fund under section 1729A of
    title 38, United States Code, may be transferred to ``Medical care'', to
    remain available until expended.

    medical and prosthetic research

    (including transfer of funds)

    For necessary expenses in carrying out programs of medical and
    prosthetic research and development as authorized by 38 U.S.C. chapter
    73, to remain available until September 30, 2004, $400,000,000, plus
    reimbursements: Provided, That of the funds available under this heading
    $5,000,000 shall be transferred to ``Medical care'' for research
    oversight activities.

    medical administration and miscellaneous operating expenses

    For necessary expenses in the administration of the medical,
    hospital, nursing home, domiciliary, construction, supply, and research
    activities, as authorized by law; administrative expenses in support of
    capital policy activities, $74,716,000, of which $3,000,000 shall be
    available until September 30, 2004, plus reimbursements: Provided, That
    technical and consulting services offered by the Facilities Management
    Field Support Service, including project management and real property
    administration (including leases, site acquisition and disposal
    activities directly supporting projects), shall be provided to
    Department of Veterans Affairs components only on a reimbursable basis,
    and such amounts will remain available until September 30, 2003.

    Departmental Administration

    general operating expenses

    For necessary operating expenses of the Department of Veterans
    Affairs, not otherwise provided for, including administrative expenses
    in support of department-wide capital planning, management and policy
    activities, uniforms or allowances therefor; not to exceed $25,000 for
    official reception and representation expenses; hire of passenger motor
    vehicles; and reimbursement of the General Services Administration for
    security guard services, and the Department of Defense for the cost of
    overseas employee mail, $1,254,000,000: Provided, That expenses for
    services and assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5),
    and (11) that the Secretary determines are necessary to enable entitled
    veterans: (1) to the maximum extent feasible, to become employable and
    to obtain and maintain suitable employment; or (2) to achieve maximum
    independence in daily living, shall be charged to this account: Provided
    further, That the Veterans Benefits Administration shall be funded at
    not less than $992,100,000: Provided further, That of the funds made
    available under this heading, not to exceed $66,000,000 shall be
    available for obligation until September 30, 2004: Provided further,
    That from the funds made available under

    [[Page 479]]

    117 STAT. 479

    this heading, the Veterans Benefits Administration may purchase up to
    two passenger motor vehicles for use in operations of that
    Administration in Manila, Philippines: Provided further, That travel
    expenses for this account shall not exceed $17,082,000.

    national cemetery administration

    For necessary expenses of the National Cemetery Administration for
    operations and maintenance, not otherwise provided for, including
    uniforms or allowances therefor; cemeterial expenses as authorized by
    law; purchase of one passenger motor vehicle for use in cemeterial
    operations; and hire of passenger motor vehicles, $133,149,000, of which
    $6,000,000 shall be available until September 30, 2004.

    office of inspector general

    For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $58,000,000, to remain available until September 30, 2004.

    construction, major projects

    For constructing, altering, extending and improving any of the
    facilities under the jurisdiction or for the use of the Department of
    Veterans Affairs, or for any of the purposes set forth in sections 316,
    2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
    United States Code, including planning, architectural and engineering
    services, maintenance or guarantee period services costs associated with
    equipment guarantees provided under the project, services of claims
    analysts, offsite utility and storm drainage system construction costs,
    and site acquisition, where the estimated cost of a project is
    $4,000,000 or more or where funds for a project were made available in a
    previous major project appropriation, $99,777,000, to remain available
    until expended, of which $5,000,000 shall be for Capital Asset
    Realignment for Enhanced Services (CARES) activities; and of which
    $10,000,000 shall be to make reimbursements as provided in 41 U.S.C. 612
    for claims paid for contract disputes: Provided, That except for advance
    planning activities, including needs assessments which may or may not
    lead to capital investments, and other capital asset management related
    activities, such as portfolio development and management activities, and
    investment strategy studies funded through the advance planning fund and
    the planning and design activities funded through the design fund and
    CARES funds, including needs assessments which may or may not lead to
    capital investments, none of the funds appropriated under this heading
    shall be used for any project which has not been approved by the
    Congress in the budgetary process: Provided further, That funds provided
    in this appropriation for fiscal year 2003, for each approved project
    (except those for CARES activities referenced above) shall be obligated:
    (1) by the awarding of a construction documents contract by September
    30, 2003; and (2) by the awarding of a construction contract by
    September 30, 2004: Provided further, [NOTE: Reports.] That the
    Secretary of Veterans Affairs shall promptly report in writing to the
    Committees on Appropriations any approved major construction

    [[Page 480]]

    117 STAT. 480

    project in which obligations are not incurred within the time
    limitations established above: Provided further, That no funds from any
    other account except the ``Parking revolving fund'', may be obligated
    for constructing, altering, extending, or improving a project which was
    approved in the budget process and funded in this account until 1 year
    after substantial completion and beneficial occupancy by the Department
    of Veterans Affairs of the project or any part thereof with respect to
    that part only.

    construction, minor projects

    For constructing, altering, extending, and improving any of the
    facilities under the jurisdiction or for the use of the Department of
    Veterans Affairs, including planning and assessments of needs which may
    lead to capital investments, architectural and engineering services,
    maintenance or guarantee period services costs associated with equipment
    guarantees provided under the project, services of claims analysts,
    offsite utility and storm drainage system construction costs, and site
    acquisition, or for any of the purposes set forth in sections 316, 2404,
    2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,
    United States Code, where the estimated cost of a project is less than
    $4,000,000, $226,000,000, to remain available until expended, along with
    unobligated balances of previous ``Construction, minor projects''
    appropriations which are hereby made available for any project where the
    estimated cost is less than $4,000,000, of which $35,000,000 shall be
    for Capital Asset Realignment for Enhanced Services (CARES) activities:
    Provided, That from amounts appropriated under this heading, additional
    amounts may be used for CARES activities upon notification of and
    approval by the Committees on Appropriations: Provided further, That
    funds in this account shall be available for: (1) repairs to any of the
    nonmedical facilities under the jurisdiction or for the use of the
    department which are necessary because of loss or damage caused by any
    natural disaster or catastrophe; and (2) temporary measures necessary to
    prevent or to minimize further loss by such causes.

    parking revolving fund

    For the parking revolving fund as authorized by 38 U.S.C. 8109,
    income from fees collected, to remain available until expended, which
    shall be available for all authorized expenses except operations and
    maintenance costs, which will be funded from ``Medical care''.

    grants for construction of state extended care facilities

    For grants to assist States to acquire or construct State nursing
    home and domiciliary facilities and to remodel, modify or alter existing
    hospital, nursing home and domiciliary facilities in State homes, for
    furnishing care to veterans as authorized by 38 U.S.C. 8131-8137,
    $100,000,000, to remain available until expended.

    grants for the construction of state veterans cemeteries

    For grants to aid States in establishing, expanding, or improving
    State veterans cemeteries as authorized by 38 U.S.C. 2408, $32,000,000,
    to remain available until expended.

    [[Page 491]]

    117 STAT. 481

    administrative provisions

    (including transfer of funds)

    Sec. 101. Any appropriation for fiscal year 2003 for ``Compensation
    and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
    indemnities'' may be transferred to any other of the mentioned
    appropriations.
    Sec. 102. Appropriations available to the Department of Veterans
    Affairs for fiscal year 2003 for salaries and expenses shall be
    available for services authorized by 5 U.S.C. 3109.
    Sec. 103. No appropriations in this Act for the Department of
    Veterans Affairs (except the appropriations for ``Construction, major
    projects'', ``Construction, minor projects'', and the ``Parking
    revolving fund'') shall be available for the purchase of any site for or
    toward the construction of any new hospital or home.
    Sec. 104. No appropriations in this Act for the Department of
    Veterans Affairs shall be available for hospitalization or examination
    of any persons (except beneficiaries entitled under the laws bestowing
    such benefits to veterans, and persons receiving such treatment under 5
    U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
    is made to the ``Medical care'' account at such rates as may be fixed by
    the Secretary of Veterans Affairs.
    Sec. 105. Appropriations available to the Department of Veterans
    Affairs for fiscal year 2003 for ``Compensation and pensions'',
    ``Readjustment benefits'', and ``Veterans insurance and indemnities''
    shall be available for payment of prior year accrued obligations
    required to be recorded by law against the corresponding prior year
    accounts within the last quarter of fiscal year 2002.
    Sec. 106. Appropriations accounts available to the Department of
    Veterans Affairs for fiscal year 2003 shall be available to pay prior
    year obligations of corresponding prior year appropriations accounts
    resulting from title X of the Competitive Equality Banking Act, Public
    Law 100-86, except that if such obligations are from trust fund accounts
    they shall be payable from ``Compensation and pensions''.
    Sec. 107. Notwithstanding any other provision of law, during fiscal
    year 2003, the Secretary of Veterans Affairs shall, from the National
    Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special Life
    Insurance Fund (38 U.S.C. 1923), and the United States Government Life
    Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
    expenses'' account for the cost of administration of the insurance
    programs financed through those accounts: Provided, That reimbursement
    shall be made only from the surplus earnings accumulated in an insurance
    program in fiscal year 2003 that are available for dividends in that
    program after claims have been paid and actuarially determined reserves
    have been set aside: Provided further, That if the cost of
    administration of an insurance program exceeds the amount of surplus
    earnings accumulated in that program, reimbursement shall be made only
    to the extent of such surplus earnings: Provided further, That the
    Secretary shall determine the cost of administration for fiscal year
    2003 which is properly allocable to the provision of each insurance
    program and to the provision of any total disability income insurance
    included in such insurance program.
    Sec. 108. [NOTE: 31 USC 501 note.] Notwithstanding any other
    provision of law, the Department of Veterans Affairs shall continue the
    Franchise Fund pilot program authorized to be established by section 403
    of Public

    [[Page 482]]

    117 STAT. 482

    Law 103-356 until October 1, 2003: Provided, That the Franchise Fund,
    established by title I of Public Law 104-204 to finance the operations
    of the Franchise Fund pilot program, shall continue until October 1,
    2003.

    Sec. 109. Amounts deducted from enhanced-use lease proceeds to
    reimburse an account for expenses incurred by that account during a
    prior fiscal year for providing enhanced-use lease services, may be
    obligated during the fiscal year in which the proceeds are received.
    Sec. 110. Funds available in any Department of Veterans Affairs
    appropriation for fiscal year 2003 or funds for salaries and other
    administrative expenses shall also be available to reimburse the Office
    of Resolution Management and the Office of Employment Discrimination
    Complaint Adjudication for all services provided at rates which will
    recover actual costs but not exceed $29,318,000 for the Office of
    Resolution Management and $3,010,000 for the Office of Employment and
    Discrimination Complaint Adjudication: Provided, That payments may be
    made in advance for services to be furnished based on estimated costs:
    Provided further, That amounts received shall be credited to ``General
    operating expenses'' for use by the office that provided the service.
    Sec. 111. [NOTE: Reports. Deadline.] No appropriations in this Act
    for the Department of Veterans Affairs shall be available to enter into
    any new lease of real property if the estimated annual rental is more
    than $300,000 unless the Secretary submits a report which the Committees
    on Appropriations of the Congress approve within 30 days following the
    date on which the report is received.

    Sec. 112. No appropriations in this Act for the Department of
    Veterans Affairs shall be available for hospitalization or treatment of
    any person by reason of eligibility under section 1710(a)(3) of title
    38, United States Code, unless that person has disclosed to the
    Secretary of Veterans Affairs, in such form as the Secretary may
    require--
    (1) current, accurate third-party reimbursement information
    for purposes of section 1729 of such title; and
    (2) annual income information for purposes of section 1722
    of such title.

    Sec. 113. (a)(1) Section 1729B of title 38, United States Code, is
    repealed. Any balance as of the date of the enactment of this Act in the
    Department of Veterans Affairs Health Services Improvement Fund
    established under such section shall be transferred to the Department of
    Veterans Affairs Medical Care Collections Fund established under section
    1729A of title 38, United States Code.
    (2) The table of sections at the beginning of chapter 17 of such
    title is amended by striking the item relating to section 1729B.
    (b) Section 1729A(b) of such title is amended--
    (1) by redesignating paragraph (8) as paragraph (10); and
    (2) by inserting after paragraph (7) the following new
    paragraphs:
    ``(8) Section 8165(a) of this title.
    ``(9) Section 113 of the Veterans Millennium Health Care and
    Benefits Act (Public Law 106-117; 38 U.S.C. 8111 note).''.

    (c) Section 1722A of such title is amended--
    (1) in subsection (c)--

    [[Page 483]]

    117 STAT. 483

    (A) in the first sentence, by striking ``under
    subsection (a)'' and inserting ``under this section'';
    and
    (B) by striking the second sentence; and
    (2) by striking subsection (d).

    (d)(1) Section 8165 of such title is amended by striking
    ``Department of Veterans Affairs Health Services Improvement Fund
    established under section 1729B of this title'' and inserting
    ``Department of Veterans Affairs Medical Care Collections Fund
    established under section 1729A of this title''.
    (2) Section 113(b) of the Veterans Millennium Health Care and
    Benefits Act (Public Law 106-117; 38 U.S.C. 8111 note) is amended by
    striking ``Department of Veterans Affairs Health Services Improvement
    Fund established under section 1729B of title 38, United States Code, as
    added by section 202'' and inserting ``Department of Veterans Affairs
    Medical Care Collections Fund established under section 1729A of title
    38, United States Code''.
    Sec. 114. Of the amounts provided in this Act, $19,900,000 shall be
    for information technology initiatives to support the enterprise
    architecture of the Department of Veterans Affairs.
    Sec. 115. None of the funds in this Act may be used to implement
    sections 2 and 5 of Public Law 107-287.
    Sec. 116. Notwithstanding any other provision of this Act, the
    $23,889,304,000 provided for ``Medical care'' under this title shall be
    exempt from the across-the-board rescission under section 601 of
    division N.

    TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

    Public and Indian Housing

    housing certificate fund

    (including transfer and rescission of funds)

    For activities and assistance under the United States Housing Act of
    1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
    otherwise provided for, $17,223,566,000, and amounts that are recaptured
    in this account, to remain available until expended: Provided, That of
    the amounts made available under this heading, $13,023,566,000 and the
    aforementioned recaptures shall be available on October 1, 2002 and
    $4,200,000,000 shall be available on October 1, 2003: Provided further,
    That amounts made available under this heading are provided as follows:
    (1) $15,278,370,500 for expiring or terminating section 8
    project-based subsidy contracts (including section 8 moderate
    rehabilitation contracts), for amendments to section 8 project-
    based subsidy contracts, for contracts entered into pursuant to
    section 441 of the McKinney-Vento Homeless Assistance Act, for
    the 1-year renewal of section 8 contracts for units in projects
    that are subject to approved plans of action under the Emergency
    Low Income Housing Preservation Act of 1987 or the Low-Income
    Housing Preservation and Resident Homeownership Act of 1990, and
    for renewals of expiring section 8 tenant-based annual
    contributions contracts (including amendments and renewals of
    enhanced vouchers under any provision of law authorizing such
    assistance under section 8(t) of the Act (42 U.S.C. 1437f(t))):
    Provided, That notwithstanding

    [[Page 484]]

    117 STAT. 484

    any other provision of law, the Secretary shall renew expiring
    section 8 tenant-based annual contributions contracts for each
    public housing agency (including for agencies participating in
    the Moving to Work demonstration, unit months representing
    section 8 tenant-based assistance funds committed by the public
    housing agency for specific purposes, other than reserves, that
    are authorized pursuant to any agreement and conditions entered
    into under such demonstration, and utilized in compliance with
    any applicable program obligation deadlines) based on the total
    number of unit months which were under lease as reported on the
    most recent end-of-year financial statement submitted by the
    public housing agency to the Department, adjusted by such
    additional information submitted by the public housing agency to
    the Secretary which the Secretary determines to be timely and
    reliable regarding the total number of unit months under lease
    at the time of renewal of the annual contributions contract, and
    by applying an inflation factor based on local or regional
    factors to the actual per unit cost as reported on such
    statement: Provided further, That none of the funds made
    available in this paragraph may be used to support a total
    number of unit months under lease which exceeds a public housing
    agency's authorized level of units under contract;
    (2) $391,922,000 for a central fund to be allocated by the
    Secretary for amendments to section 8 tenant-based annual
    contributions contracts for such purposes set forth in this
    paragraph: Provided, That subject to the following proviso, the
    Secretary may use amounts made available in such fund, as
    necessary, for contract amendments resulting from a significant
    increase in the per unit cost of vouchers or an increase in the
    total number of unit months under lease as compared to the per
    unit cost or the total number of unit months provided for by the
    annual contributions contract: Provided
    further, [NOTE: Deadline.] That if a public housing agency, at
    any point in time during their fiscal year, has obligated the
    amounts made available to such agency pursuant to paragraph (1)
    under this heading for the renewal of expiring section 8 tenant-
    based annual contributions contracts, and if such agency has
    expended 50 percent of the amounts available to such agency in
    its annual contributions contract reserve account, the Secretary
    shall make available such amounts as are necessary from amounts
    available from such central fund to fund amendments under the
    preceding proviso within 30 days of a request from such agency:
    Provided further, That none of the funds made available in this
    paragraph may be used to support a total number of unit months
    under lease which exceeds a public housing agency's authorized
    level of units under contract: Provided
    further, [NOTE: Reports.] That the Secretary shall provide
    quarterly reports to the Committees on Appropriations of the
    House and the Senate on the obligation of funds provided in this
    paragraph in accordance with the directions specified in the
    joint explanatory statement of the managers accompanying this
    Act;
    (3) $234,016,500 for section 8 rental assistance for
    relocation and replacement of housing units that are demolished
    or disposed of pursuant to the Omnibus Consolidated Rescissions
    and Appropriations Act of 1996 (Public Law 104-134), conversion
    of section 23 projects to assistance under section

    [[Page 485]]

    117 STAT. 485

    8, the family unification program under section 8(x) of the Act,
    relocation of witnesses in connection with efforts to combat
    crime in public and assisted housing pursuant to a request from
    a law enforcement or prosecution agency, enhanced vouchers under
    any provision of law authorizing such assistance under section
    8(t) of the Act (42 U.S.C.1437f(t)), and tenant protection
    assistance, including replacement and relocation assistance;
    (4) $48,000,000 for family self-sufficiency coordinators
    under section 23 of the Act;
    (5) not to exceed $1,072,257,000 for administrative and
    other expenses of public housing agencies in administering the
    section 8 tenant-based rental assistance program, of which
    $69,547,000 is for such expenses associated with section 8
    tenant-based assistance provided under this heading in
    paragraphs (2) and (3): Provided, That, [NOTE: 42 USC 1437f
    note.] the fee otherwise authorized under section 8(q) of the
    Act shall be determined in accordance with section 8(q), as in
    effect immediately before the enactment of the Quality Housing
    and Work Responsibility Act of 1998: Provided further, That none
    of the funds made available in this paragraph shall be provided
    to any public housing agency unless such agency reports to the
    Secretary the amounts remaining available as of January 31, 2003
    in such agency's administrative reserve fee account: Provided
    further, That, notwithstanding any other provision of law or
    regulation, the amount of fiscal year 2003 fee payments
    otherwise authorized pursuant to the first proviso in this
    paragraph for a public housing agency shall be reduced
    accordingly by any such amounts remaining in such agency's
    administrative fee reserve account as of January 31, 2003 which
    exceed 105 percent of the amount of fees paid to such agency
    from funds made available in fiscal year 2002: Provided further,
    That the preceding proviso shall not apply to any public housing
    agency if the amount of fiscal year 2003 fee payments otherwise
    authorized to be provided to such agency pursuant to the first
    proviso in this paragraph does not exceed $100,000: Provided
    further, That, hereafter, the Secretary shall recapture any
    funds provided in this paragraph from a public housing agency
    which are in excess of the amounts expended by such agency for
    the section 8 tenant-based rental assistance program and not
    otherwise needed to maintain an administrative fee reserve
    account balance of not to exceed 5 percent: Provided further,
    That the Secretary [NOTE: Reports. Deadline.] shall provide a
    report to the Committees on Appropriations of the House of
    Representatives and the Senate no later than July 1, 2003, on
    the administrative costs and other expenses associated with the
    section 8 tenant-based rental assistance program in accordance
    with the directions included in the statement of the managers
    accompanying this conference report;
    (6) $196,000,000 for contract administrators for section 8
    project-based assistance; and
    (7) not less than $3,000,000 shall be transferred to the
    Working Capital Fund for the development of and modifications to
    information technology systems which serve activities under
    ``Public and Indian Housing'': Provided, That the Secretary may
    transfer up to 15 percent of funds provided under paragraphs
    (1), (2) or (5), herein to paragraphs (1), (2) or (5),

    [[Page 486]]

    117 STAT. 486

    if the Secretary determines that such action is necessary
    because the funding provided under one such paragraph otherwise
    would be depleted and as a result, the maximum utilization of
    section 8 tenant-based assistance with the funds appropriated
    for this purpose by this Act would not be feasible: Provided
    further, [NOTE: Notification.] That prior to undertaking the
    transfer of funds in excess of 10 percent from any paragraph
    pursuant to the previous proviso, the Secretary shall notify the
    Chairman and Ranking Member of the Subcommittees on Veterans
    Affairs and Housing and Urban Development, and Independent
    Agencies of the Committees on Appropriations of the House of
    Representatives and the Senate and shall not transfer any such
    funds until 30 days after such notification: Provided further,
    That, hereafter, the Secretary shall require public housing
    agencies to submit accounting data for funds disbursed under
    this heading in this Act and prior Acts by source and purpose of
    such funds: Provided further, That incremental vouchers
    previously made available under this heading for non-elderly
    disabled families shall, to the extent practicable, continue to
    be provided to non-elderly disabled families upon turnover:
    Provided further, [NOTE: Deadline.] That $1,600,000,000 is
    rescinded from unobligated balances remaining from funds
    appropriated to the Department of Housing and Urban Development
    under this heading or the heading ``Annual contributions for
    assisted housing'' or any other heading for fiscal year 2002 and
    prior years, to be effected by the Secretary no later than
    September 30, 2003: Provided further, That any such balances
    governed by reallocation provisions under the statute
    authorizing the program for which the funds were originally
    appropriated shall be available for the rescission: Provided
    further, That any obligated balances of contract authority from
    fiscal year 1974 and prior that have been terminated shall be
    cancelled.

    public housing capital fund

    (including transfer of funds)

    For the Public Housing Capital Fund Program to carry out capital and
    management activities for public housing agencies, as authorized under
    section 9 of the United States Housing Act of 1937, as amended (42
    U.S.C. 1437g), $2,730,000,000 (the ``Act''), to remain available until
    September 30, 2006: Provided, That of the total amount provided under
    this heading, in addition to amounts otherwise allocated under this
    heading, $447,000,000 shall be allocated for such capital and management
    activities only among public housing agencies that have obligated all
    assistance for the agency for fiscal years 1998, 1999, 2000, and 2001
    made available under this same heading in accordance with the
    requirements under paragraphs (1) and (2) of section 9(j) of such Act:
    Provided further, That notwithstanding any other provision of law or
    regulation, during fiscal year 2003, the Secretary may not delegate to
    any Department official other than the Deputy Secretary any authority
    under paragraph (2) of such section 9(j) regarding the extension of the
    time periods under such section for obligation of amounts made available
    for fiscal year 1998, 1999, 2000, 2001, 2002, or 2003: Provided further,
    That with respect to any amounts made available under the Public Housing
    Capital Fund for fiscal year 1999, 2000, 2001, 2002, or 2003 that remain
    unobligated in violation

    [[Page 487]]

    117 STAT. 487

    of paragraph (1) of such section 9(j) or unexpended in violation of
    paragraph (5)(A) of such section 9(j), the Secretary shall recapture any
    such amounts and reallocate such amounts among public housing agencies
    determined under 6(j) of the Act to be high-performing: Provided
    further, That for purposes of this heading, the term ``obligate'' means,
    with respect to amounts, that the amounts are subject to a binding
    agreement that will result in outlays immediately or in
    the [NOTE: Regulations. Deadline. 42 USC 1437g note.] future: Provided
    further, That the Secretary shall issue final regulations to carry out
    section 9(j) of the United States Housing Act of 1937 (42 U.S.C.
    1437g(j)), not later than August 1, 2003: Provided further, That of the
    total amount provided under this heading, up to $51,000,000 shall be for
    carrying out activities under section 9(h) of such Act, of which up to
    $11,000,000 shall be for the provision of remediation services to public
    housing agencies identified as ``troubled'' under the Section 8
    Management Assessment Program and for surveys used to calculate local
    Fair Market Rents and assess housing conditions in connection with
    rental assistance under section 8 of the Act: Provided further, That of
    the total amount provided under this heading, up to $500,000 shall be
    for lease adjustments to section 23 projects, and no less than
    $18,600,000 shall be transferred to the Working Capital Fund for the
    development of and modifications to information technology systems which
    serve programs or activities under ``Public and Indian housing'':
    Provided further, That no funds may be used under this heading for the
    purposes specified in section 9(k) of the United States Housing Act of
    1937, as amended: Provided further, That of the total amount provided
    under this heading, up to $50,000,000 shall be available for the
    Secretary of Housing and Urban Development to make grants to public
    housing agencies for emergency capital needs resulting from emergencies
    and natural disasters in fiscal year 2003: Provided further, That of the
    total amount provided under this heading, $15,000,000 shall be for
    Neighborhood Networks grants for activities authorized in section
    9(d)(1)(E) of the United States Housing Act of 1937, as amended:
    Provided further, That notwithstanding any other provision of law,
    amounts made available in the previous proviso shall be awarded to
    public housing agencies on a competitive basis as provided in section
    102 of the Department of Housing and Urban Development Reform Act of
    1989: Provided further, That of the total amount provided under this
    heading, $55,000,000 shall be for supportive services, service
    coordinators and congregate services as authorized by section 34 of the
    Act and the Native American Housing Assistance and Self-Determination
    Act of 1996.

    public housing operating fund

    For payments to public housing agencies for the operation and
    management of public housing, as authorized by section 9(e) of the
    United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
    $3,600,000,000: Provided, That of the total amount provided under this
    heading, $10,000,000 shall be for programs, as determined appropriate by
    the Attorney General, which assist in the investigation, prosecution,
    and prevention of violent crimes and drug offenses in public and
    federally-assisted low-income housing, including Indian housing, which
    shall be administered by the Department of Justice through a
    reimbursable agreement with the Department of Housing and Urban
    Development: Provided

    [[Page 488]]

    117 STAT. 488

    further, That up to $250,000,000 shall be made available for payments to
    public housing agencies that are eligible for additional funds for
    fiscal year 2002 payments for the operation and management of public
    housing: Provided further, That no funds may be made available under
    this heading in fiscal year 2004 and subsequent fiscal years may be
    provided for fiscal year 2003 payments to public housing agencies for
    the operation and management of public housing: Provided further, That
    no funds may be used under this heading for the purposes specified in
    section 9(k) of the United States Housing Act of 1937, as amended.

    revitalization of severely distressed public housing (hope vi)

    For grants to public housing agencies for demolition, site
    revitalization, replacement housing, and tenant-based assistance grants
    to projects as authorized by section 24 of the United States Housing Act
    of 1937, as amended, $574,000,000, to remain available until September
    30, 2004, of which the Secretary may use up to $6,250,000 for technical
    assistance and contract expertise, to be provided directly or indirectly
    by grants, contracts or cooperative agreements, including training and
    cost of necessary travel for participants in such training, by or to
    officials and employees of the department and of public housing agencies
    and to residents: Provided, That none of such funds shall be used
    directly or indirectly by granting competitive advantage in awards to
    settle litigation or pay judgments, unless expressly permitted herein:
    Provided further, That of the total amount provided under this heading,
    $5,000,000 shall be for a Neighborhood Networks initiative for
    activities authorized in section 24(d)(1)(G) of the United States
    Housing Act of 1937, as amended: Provided further, That notwithstanding
    any other provision of law, amounts made available in the previous
    proviso shall be awarded to public housing agencies on a competitive
    basis as provided in section 102 of the Department of Housing and Urban
    Development Reform Act of 1989.

    native american housing block grants

    (including transfers of funds)

    For the Native American Housing Block Grants program, as authorized
    under title I of the Native American Housing Assistance and Self-
    Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
    $649,000,000, to remain available until expended, of which $2,200,000
    shall be contracted through the Secretary as technical assistance and
    capacity building to be used by the National American Indian Housing
    Council in support of the implementation of NAHASDA; of which $4,000,000
    shall be to support the inspection of Indian housing units, contract
    expertise, training, and technical assistance in the training,
    oversight, and management of Indian housing and tenant-based assistance,
    including up to $300,000 for related travel; and of which no less than
    $600,000 shall be transferred to the Working Capital Fund for
    development of and modifications to information technology systems which
    serve programs or activities under ``Public and Indian housing'':
    Provided, That of the amount provided under this heading, $2,000,000
    shall be made available for the cost of guaranteed notes and other
    obligations, as authorized by title VI of NAHASDA: Provided further,
    That such costs, including the costs of modifying such notes and other

    [[Page 489]]

    117 STAT. 489

    obligations, shall be as defined in section 502 of the Congressional
    Budget Act of 1974, as amended: Provided further, That these funds are
    available to subsidize the total principal amount of any notes and other
    obligations, any part of which is to be guaranteed, not to exceed
    $16,658,000: Provided further, That for administrative expenses to carry
    out the guaranteed loan program, up to $150,000 from amounts in the
    first proviso, which shall be transferred to and merged with the
    appropriation for ``Salaries and expenses'', to be used only for the
    administrative costs of these guarantees.

    indian housing loan guarantee fund program account

    (including transfer of funds)

    For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
    $5,300,000, to remain available until expended, of which $100,000 shall
    be for necessary expenses of the Land Title Report Commission pursuant
    to section 501(a) of Public Law 106-569: Provided, That such costs,
    including the costs of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $197,243,000.
    In addition, for administrative expenses to carry out the guaranteed
    loan program, up to $200,000 from amounts in the first paragraph, which
    shall be transferred to and merged with the appropriation for ``Salaries
    and expenses'', to be used only for the administrative costs of these
    guarantees.

    native hawaiian housing loan guarantee fund program account

    (including transfer of funds)

    For the cost of guaranteed loans, as authorized by section 184A of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b),
    $1,035,000, to remain available until expended: Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $39,712,000.
    In addition, for administrative expenses to carry out the guaranteed
    loan program, up to $35,000 from amounts in the first paragraph, which
    shall be transferred to and merged with the appropriation for ``Salaries
    and expenses'', to be used only for the administrative costs of these
    guarantees.

    Community Planning and Development

    housing opportunities for persons with aids

    For carrying out the Housing Opportunities for Persons with AIDS
    program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
    12901 et seq.), $292,000,000, to remain available until September 30,
    2004: Provided, That the Secretary shall renew all expiring contracts
    for permanent supportive housing that were funded under section
    854(c)(3) of such Act that meet all program

    [[Page 490]]

    117 STAT. 490

    requirements before awarding funds for new contracts and activities
    authorized under this section: Provided further, That the Secretary may
    use up to $2,000,000 of the funds under this heading for training,
    oversight, and technical assistance activities.

    rural housing and economic development

    For the Office of Rural Housing and Economic Development in the
    Department of Housing and Urban Development, $25,000,000 to remain
    available until expended, which amount shall be awarded by June 1, 2003,
    to Indian tribes, State housing finance agencies, State community and/or
    economic development agencies, local rural nonprofits and community
    development corporations to support innovative housing and economic
    development activities in rural areas: Provided, That all grants shall
    be awarded on a competitive basis as specified in section 102 of the
    Department of Housing and Urban Development Reform Act of 1989.

    empowerment zones/enterprise communities

    For grants in connection with a second round of empowerment zones
    and enterprise communities, $30,000,000, to remain available until
    September 30, 2005, for ``Urban Empowerment Zones'', as authorized in
    section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C.
    1391(g)), including $2,000,000 for each empowerment zone for use in
    conjunction with economic development activities consistent with the
    strategic plan of each empowerment zone.

    community development fund

    (including transfers of funds)

    For assistance to units of State and local government, and to other
    entities, for economic and community development activities, and for
    other purposes, $4,937,000,000, to remain available until September 30,
    2005: Provided, That of the amount provided, $4,367,930,000 is for
    carrying out the community development block grant program under title I
    of the Housing and Community Development Act of 1974, as amended (the
    ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further, That not to
    exceed 20 percent of any grant made with funds appropriated under this
    heading (other than a grant made available in this paragraph to the
    Housing Assistance Council or the National American Indian Housing
    Council, or a grant using funds under section 107(b)(3) of the Act)
    shall be expended for ``Planning and Management Development'' and
    ``Administration'', as defined in regulations promulgated by the
    Department: Provided further, That $71,000,000 shall be for grants to
    Indian tribes notwithstanding section 106(a)(1) of such Act; $3,300,000
    shall be for a grant to the Housing Assistance Council; $2,400,000 shall
    be for a grant to the National American Indian Housing Council;
    $5,000,000 shall be available as a grant to the National Housing
    Development Corporation, for operating expenses not to exceed $2,000,000
    and for a program of affordable housing acquisition and rehabilitation;
    $5,000,000 shall be available as a grant to the National Council of La
    Raza for the HOPE Fund, of which $500,000 is for technical assistance
    and fund management, and $4,500,000 is for investments in the HOPE Fund
    and financing to affiliated organizations; $49,100,000 shall be for
    grants pursuant to section 107 of the Act; $9,000,000 shall be

    [[Page 491]]

    117 STAT. 491

    made available to the Neighborhood House, St. Paul, Minnesota for
    construction costs of the Paul and Sheila Wellstone Center for Community
    Building; no less than $3,400,000 shall be transferred to the Working
    Capital Fund for the development of and modification to information
    technology systems which serve programs or activities under ``Community
    planning and development''; $25,250,000 shall be for grants pursuant to
    the Self Help Homeownership Opportunity Program; $32,500,000 shall be
    for capacity building, of which $28,250,000 shall be for Capacity
    Building for Community Development and Affordable Housing for LISC and
    the Enterprise Foundation for activities as authorized by section 4 of
    the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in effect
    immediately before June 12, 1997, with not less than $5,000,000 of the
    funding to be used in rural areas, including tribal areas, and of which
    $4,250,000 shall be for capacity building activities administered by
    Habitat for Humanity International; $60,000,000 shall be available for
    YouthBuild program activities authorized by subtitle D of title IV of
    the Cranston-Gonzalez National Affordable Housing Act, as amended, and
    such activities shall be an eligible activity with respect to any funds
    made available under this heading: Provided, That local YouthBuild
    programs that demonstrate an ability to leverage private and nonprofit
    funding shall be given a priority for YouthBuild funding: Provided
    further, That no more than 10 percent of any grant award under the
    YouthBuild program may be used for administrative costs: Provided
    further, That of the amount made available for YouthBuild not less than
    $10,000,000 is for grants to establish YouthBuild programs in
    underserved and rural areas and $2,000,000 is to be made available for a
    grant to YouthBuild USA for capacity building for community development
    and affordable housing activities as specified in section 4 of the HUD
    Demonstration Act of 1993, as amended.
    Of the amount made available under this heading, $42,120,000 shall
    be available for neighborhood initiatives that are utilized to improve
    the conditions of distressed and blighted areas and neighborhoods, to
    stimulate investment, economic diversification, and community
    revitalization in areas with population outmigration or a stagnating or
    declining economic base, or to determine whether housing benefits can be
    integrated more effectively with welfare reform initiatives: Provided,
    That these grants shall be provided in accordance with the terms and
    conditions specified in the joint explanatory statement of the managers
    accompanying this Act.
    Of the amount made available under this heading, $261,000,000 shall
    be available for grants for the Economic Development Initiative (EDI) to
    finance a variety of targeted economic investments in accordance with
    the terms and conditions specified in the joint explanatory statement of
    the managers accompanying this Act.
    The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to the amount
    made available to the City of Rome, New York, by striking ``related to
    the South Rome Industrial Park'' and inserting ``and building
    renovations at the Rome business and tech park''.
    The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to a grant made
    available to the Community Medical Centers of Fresno, California by
    striking all after ``$300,000'' and inserting

    [[Page 492]]

    117 STAT. 492

    ``to the City of Fresno, California for rehabilitation of the Fresno
    Community Regional Medical Center neighborhood.''.
    The referenced statement of the managers under this heading in
    Public Law 106-377 and 107-73 is deemed to be amended with respect to
    grants made to the City of Mt. Clemens, Michigan by striking ``City of
    Mt. Clemens, Michigan'' and inserting ``Mt. Clemens Community Schools in
    Mt. Clemens, Michigan''.
    The referenced statement of the managers under the heading
    ``Community development block grants'' in title II of Public Law 105-277
    is deemed to be amended by striking ``$750,000 to the Maryland State
    Department of Housing and Community Development for relocation of
    residents of Wagners Point community in Baltimore, Maryland'' and insert
    in lieu thereof ``$750,000 to the Maryland State Department of Housing
    and Community Development for relocation of residents of Wagners Point
    community in Baltimore, Maryland ($514,000) and for recovery efforts
    that occurred on or after the April 28, 2002 tornado in Charles and
    Calvert Counties ($236,000)''.
    The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to a grant made
    to the Metropolitan Development Association in Syracuse, New York by
    adding after the words ``Genesee Street Armory study'' the words ``and
    other development projects undertaken by the Association within the City
    of Syracuse''.

    community development loan guarantees program account

    (including transfer of funds)

    For the cost of guaranteed loans, $6,325,000, to remain available
    until September 30, 2004, as authorized by section 108 of the Housing
    and Community Development Act of 1974, as amended: Provided, That such
    costs, including the cost of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $275,000,000, notwithstanding any aggregate limitation on outstanding
    obligations guaranteed in section 108(k) of the Housing and Community
    Development Act of 1974, as amended.
    In addition, for administrative expenses to carry out the guaranteed
    loan program, $1,000,000, which shall be transferred to and merged with
    the appropriation for ``Salaries and expenses''.

    brownfields redevelopment

    For Economic Development Grants, as authorized by section 108(q) of
    the Housing and Community Development Act of 1974, as amended, for
    Brownfields redevelopment projects, $25,000,000, to remain available
    until September 30, 2004: Provided, That the Secretary of Housing and
    Urban Development shall make these grants available on a competitive
    basis as specified in section 102 of the Department of Housing and Urban
    Development Reform Act of 1989.

    [[Page 493]]

    117 STAT. 493

    home investment partnerships program

    (including transfer of funds)

    For the HOME investment partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended, $1,925,000,000, to remain available until September 30, 2005:
    Provided, That of the total amount provided in this paragraph, up to
    $40,000,000 shall be available for housing counseling under section 106
    of the Housing and Urban Development Act of 1968; and no less than
    $1,100,000 shall be transferred to the Working Capital Fund for the
    development of, maintenance of, and modification to information
    technology systems which serve programs or activities under ``Community
    planning and development''.
    In addition to amounts otherwise made available under this heading,
    $75,000,000, to remain available until September 30, 2005, for
    assistance to homebuyers as authorized under title II of the Cranston-
    Gonzalez National Affordable Housing Act, as amended: Provided, That the
    Secretary shall provide such assistance in accordance with a formula to
    be established by the Secretary that considers a participating
    jurisdiction's need for, and prior commitment to, assistance to
    homebuyers.

    homeless assistance grants

    (including transfer of funds)

    For the emergency shelter grants program as authorized under
    subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
    amended; the supportive housing program as authorized under subtitle C
    of title IV of such Act; the section 8 moderate rehabilitation single
    room occupancy program as authorized under the United States Housing Act
    of 1937, as amended, to assist homeless individuals pursuant to section
    441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus
    care program as authorized under subtitle F of title IV of such Act,
    $1,225,000,000, to remain available until September 30, 2005: Provided,
    That not less than 30 percent of funds made available, excluding amounts
    provided for renewals under the shelter plus care program, shall be used
    for permanent housing: Provided further, That all funds awarded for
    services shall be matched by 25 percent in funding by each grantee:
    Provided further, That the Secretary shall renew on an annual basis
    expiring contracts or amendments to contracts funded under the shelter
    plus care program if the program is determined to be needed under the
    applicable continuum of care and meets appropriate program requirements
    and financial standards, as determined by the Secretary: Provided
    further, That all awards of assistance under this heading shall be
    required to coordinate and integrate homeless programs with other
    mainstream health, social services, and employment programs for which
    homeless populations may be eligible, including Medicaid, State
    Children's Health Insurance Program, Temporary Assistance for Needy
    Families, Food Stamps, and services funding through the Mental Health
    and Substance Abuse Block Grant, Workforce Investment Act, and the
    Welfare-to-Work grant program: Provided further, That $11,000,000 of the
    funds appropriated under this heading shall be available for the

    [[Page 494]]

    117 STAT. 494

    national homeless data analysis project: Provided further, That
    $6,600,000 of the funds appropriated under this heading shall be
    available for technical assistance: Provided further, That no less than
    $1,500,000 of the funds appropriated under this heading shall be
    transferred to the Working Capital Fund for the development of and
    modifications to information technology systems which serve activities
    under ``Community planning and development'': Provided further, That of
    the total amount provided under this heading, $10,000,000 shall be made
    available for a 2-year grant demonstration program to be conducted in
    consultation with the Interagency Council on the Homeless.

    Housing Programs

    housing for special populations

    (including transfer of funds)

    For assistance for the purchase, construction, acquisition, or
    development of additional public and subsidized housing units for low
    income families not otherwise provided for, $1,033,801,000, to remain
    available until September 30, 2006: Provided, That $783,286,000, plus
    recaptures or cancelled commitments, shall be for capital advances,
    including amendments to capital advance contracts, for housing for the
    elderly, as authorized by section 202 of the Housing Act of 1959, as
    amended, and for project rental assistance for the elderly under section
    202(c)(2) of such Act, including amendments to contracts for such
    assistance and renewal of expiring contracts for such assistance for up
    to a 1-year term, and for supportive services associated with the
    housing, of which amount $50,000,000 shall be for service coordinators
    and the continuation of existing congregate service grants for residents
    of assisted housing projects, and of which amount up to $25,000,000
    shall be for grants under section 202b of the Housing Act of 1959 (12
    U.S.C. 1701q-2) for conversion of eligible projects under such section
    to assisted living or related use: Provided further, That of the amount
    under this heading, $250,515,000 shall be for capital advances,
    including amendments to capital advance contracts, for supportive
    housing for persons with disabilities, as authorized by section 811 of
    the Cranston-Gonzalez National Affordable Housing Act, for project
    rental assistance for supportive housing for persons with disabilities
    under section 811(d)(2) of such Act, including amendments to contracts
    for such assistance and renewal of expiring contracts for such
    assistance for up to a 1-year term, and for supportive services
    associated with the housing for persons with disabilities as authorized
    by section 811(b)(1) of such Act, and for tenant-based rental assistance
    contracts entered into pursuant to section 811 of such Act: Provided
    further, That of the amount made available under this heading,
    $25,000,000 shall be available to the Secretary of Housing and Urban
    Development only for making grants to private nonprofit organizations
    and consumer cooperatives for covering costs of architectural and
    engineering work, site control, and other planning relating to the
    development of supportive housing for the elderly that is eligible for
    assistance under section 202 of the Housing Act of 1959 (12 U.S.C.
    1701q): Provided further, That amounts made available in the previous
    proviso shall be awarded on a competitive basis as provided in section
    102 of the Department of Housing and Urban Development

    [[Page 495]]

    117 STAT. 495

    Reform Act of 1989: Provided further,
    That [NOTE: Reports. Deadline.] the Secretary shall provide a report
    to the Committees on Appropriations of the House and Senate not later
    than July 15, 2003, in accordance with the direction included in the
    joint explanatory statement of the managers accompanying this Act:
    Provided further, That no less than $500,000, to be divided evenly
    between the appropriations for the section 202 and section 811 programs,
    shall be transferred to the Working Capital Fund for the development of
    and modifications to information technology systems which serve
    activities under ``Housing programs'' or ``Federal housing
    administration'': Provided further, That, in addition to amounts made
    available for renewal of tenant-based rental assistance contracts
    pursuant to the second proviso of this paragraph, the Secretary may
    designate up to 25 percent of the amounts earmarked under this paragraph
    for section 811 of such Act for tenant-based assistance, as authorized
    under that section, including such authority as may be waived under the
    next proviso, which assistance is 5 years in duration: Provided further,
    That the Secretary may waive the provisions governing the terms and
    conditions of project rental assistance and tenant-based rental
    assistance for such section 202 and such section 811, except that the
    initial contract term for such assistance shall not exceed 5 years in
    duration: Provided further, That all balances and recaptures, as of
    October 1, 2002, remaining in the ``Congregate housing services''
    account as authorized by the Housing and Community Development
    Amendments of 1978, as amended, shall be transferred to and merged with
    the amounts for those purposes under this heading.

    flexible subsidy fund

    (transfer of funds)

    From the Rental Housing Assistance Fund, all uncommitted balances of
    excess rental charges as of September 30, 2002, and any collections made
    during fiscal year 2003, shall be transferred to the Flexible Subsidy
    Fund, as authorized by section 236(g) of the National Housing Act, as
    amended.

    rental housing assistance

    (rescission)

    Up to $100,000,000 of recaptured section 236 budget authority
    resulting from prepayment of mortgages subsidized under section 236 of
    the National Housing Act (12 U.S.C. 1715z-1) shall be rescinded in
    fiscal year 2003: Provided, That the limitation otherwise applicable to
    the maximum payments that may be required in any fiscal year by all
    contracts entered into under section 236 is reduced in fiscal year 2003
    by not more than $100,000,000 in uncommitted balances of authorizations
    of contract authority provided for this purpose in appropriations Acts.

    manufactured housing fees trust fund

    For necessary expenses as authorized by the National Manufactured
    Housing Construction and Safety Standards Act of 1974, as amended (42
    U.S.C. 5401 et seq.), $13,000,000, to remain available until expended,
    to be derived from the Manufactured Housing Fees Trust Fund: Provided,
    That not to exceed the total amount

    [[Page 496]]

    117 STAT. 496

    appropriated under this heading shall be available from the general fund
    of the Treasury to the extent necessary to incur obligations and make
    expenditures pending the receipt of collections to the Fund pursuant to
    section 620 of such Act: Provided further, That the amount made
    available under this heading from the general fund shall be reduced as
    such collections are received during fiscal year 2003 so as to result in
    a final fiscal year 2003 appropriation from the general fund estimated
    at not more than $0 and fees pursuant to such section 620 shall be
    modified as necessary to ensure such a final fiscal year 2003
    appropriation.

    Federal Housing Administration

    mutual mortgage insurance program account

    (including transfers of funds)

    During fiscal year 2003, commitments to guarantee loans to carry out
    the purposes of section 203(b) of the National Housing Act, as amended,
    shall not exceed a loan principal of $165,000,000,000.
    During fiscal year 2003, obligations to make direct loans to carry
    out the purposes of section 204(g) of the National Housing Act, as
    amended, shall not exceed $100,000,000: Provided, That the foregoing
    amount shall be for loans to nonprofit and governmental entities in
    connection with sales of single family real properties owned by the
    Secretary and formerly insured under the Mutual Mortgage Insurance Fund.
    For administrative expenses necessary to carry out the guaranteed
    and direct loan program, $347,829,000, of which not to exceed
    $343,807,000 shall be transferred to the appropriation for ``Salaries
    and expenses''; and not to exceed $4,022,000 shall be transferred to the
    appropriation for ``Office of Inspector General''. In addition, for
    administrative contract expenses, $85,720,000, of which no less than
    $21,360,000 shall be transferred to the Working Capital Fund for the
    development of and modifications to information technology systems which
    serve programs or activities under ``Housing programs'' or ``Federal
    housing administration'': Provided, That to the extent guaranteed loan
    commitments exceed $65,500,000,000 on or before April 1, 2003, an
    additional $1,400 for administrative contract expenses shall be
    available for each $1,000,000 in additional guaranteed loan commitments
    (including a pro rata amount for any amount below $1,000,000), but in no
    case shall funds made available by this proviso exceed $16,000,000.

    general and special risk program account

    (including transfers of funds)

    For the cost of guaranteed loans, as authorized by sections 238 and
    519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
    the cost of loan guarantee modifications, as that term is defined in
    section 502 of the Congressional Budget Act of 1974, as amended,
    $15,000,000, to remain available until expended: Provided, That these
    funds are available to subsidize total loan principal, any part of which
    is to be guaranteed, of up to $23,000,000,000.
    Gross obligations for the principal amount of direct loans, as
    authorized by sections 204(g), 207(l), 238, and 519(a) of the National

    [[Page 497]]

    117 STAT. 497

    Housing Act, shall not exceed $50,000,000, of which not to exceed
    $30,000,000 shall be for bridge financing in connection with the sale of
    multifamily real properties owned by the Secretary and formerly insured
    under such Act; and of which not to exceed $20,000,000 shall be for
    loans to nonprofit and governmental entities in connection with the sale
    of single-family real properties owned by the Secretary and formerly
    insured under such Act.
    In addition, for administrative expenses necessary to carry out the
    guaranteed and direct loan programs, $223,716,000, of which
    $204,395,000, shall be transferred to the appropriation for ``Salaries
    and expenses''; and of which $19,321,000 shall be transferred to the
    appropriation for ``Office of Inspector General''.
    In addition, for administrative contract expenses necessary to carry
    out the guaranteed and direct loan programs, $93,780,000, of which no
    less than $14,240,000 shall be transferred to the Working Capital Fund
    for the development of and modifications to information technology
    systems which serve activities under ``Housing programs'' or ``Federal
    housing administration'': Provided, That to the extent guaranteed loan
    commitments exceed $8,426,000,000 on or before April 1, 2003, an
    additional $1,980 for administrative contract expenses shall be
    available for each $1,000,000 in additional guaranteed loan commitments
    over $8,426,000,000 (including a pro rata amount for any increment below
    $1,000,000), but in no case shall funds made available by this proviso
    exceed $14,400,000.

    Government National Mortgage Association

    guarantees of mortgage-backed securities loan guarantee program account

    (including transfer of funds)

    New commitments to issue guarantees to carry out the purposes of
    section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
    shall not exceed $200,000,000,000, to remain available until September
    30, 2004.
    For administrative expenses necessary to carry out the guaranteed
    mortgage-backed securities program, $10,343,000, to be derived from the
    GNMA guarantees of mortgage-backed securities guaranteed loan receipt
    account, of which not to exceed $10,343,000, shall be transferred to the
    appropriation for ``Salaries and expenses''.

    Policy Development and Research

    research and technology

    For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
    including carrying out the functions of the Secretary under section
    1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $47,000,000, to remain
    available until September 30, 2004: Provided, That of the total amount
    provided under this heading, $7,500,000 shall be for the Partnership for
    Advancing Technology in Housing (PATH) Initiative.

    [[Page 498]]

    117 STAT. 498

    Fair Housing and Equal Opportunity

    fair housing activities

    For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968, as
    amended by the Fair Housing Amendments Act of 1988, and section 561 of
    the Housing and Community Development Act of 1987, as amended,
    $45,899,000, to remain available until September 30, 2004, of which
    $20,250,000 shall be to carry out activities pursuant to such section
    561: Provided, That no funds made available under this heading shall be
    used to lobby the executive or legislative branches of the Federal
    Government in connection with a specific contract, grant or loan.

    Office of Lead Hazard Control

    lead hazard reduction

    For the Lead Hazard Reduction Program, as authorized by section 1011
    of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
    $176,000,000, to remain available until September 30, 2004, of which
    $10,000,000 shall be for the Healthy Homes Initiative, pursuant to
    sections 501 and 502 of the Housing and Urban Development Act of 1970
    that shall include research, studies, testing, and demonstration
    efforts, including education and outreach concerning lead-based paint
    poisoning and other housing-related diseases and hazards: Provided, That
    of the total amount made available under this heading, $50,000,000 shall
    be made available on a competitive basis for areas with the highest lead
    paint abatement needs, as identified by the Secretary as having: (1) the
    highest number of pre-1940 units of rental housing; and (2) a
    disproportionately high number of documented cases of lead-poisoned
    children: Provided further, That each grantee receiving funds under the
    previous proviso shall target those privately owned units and
    multifamily buildings that are occupied by low-income families as
    defined under section 3(b)(2) of the United States Housing Act of 1937:
    Provided further, That not less than 90 percent of the funds made
    available under this paragraph shall be used exclusively for abatement,
    inspections, risk assessments, temporary relocations and interim control
    of lead-based hazards as defined by 42 U.S.C. 4851: Provided further,
    That each recipient of funds provided under the first proviso shall make
    a matching contribution in an amount not less than 25 percent: Provided
    further, That each applicant shall submit a detailed plan and strategy
    that demonstrates adequate capacity that is acceptable to the Secretary
    of the Department of Housing and Urban Development to carry out the
    proposed use of funds pursuant to a Notice of Funding Availability.

    Management and Administration

    salaries and expenses

    (including transfer of funds)

    For necessary administrative and non-administrative expenses of the
    Department of Housing and Urban Development, not otherwise provided for,
    including purchase of uniforms, or allowances therefor, as authorized by
    5 U.S.C. 5901-5902; hire of passenger

    [[Page 499]]

    117 STAT. 499

    motor vehicles; services as authorized by 5 U.S.C. 3109; and not to
    exceed $25,000 for official reception and representation expenses,
    $1,090,229,000, of which $20,000,000 shall remain available until
    September 30, 2004, for funds control improvements; and of which
    $548,202,000 shall be provided from the various funds of the Federal
    Housing Administration, $10,343,000 shall be provided from funds of the
    Government National Mortgage Association, $1,000,000 shall be provided
    from the ``Community development loan guarantees program'' account,
    $150,000 shall be provided by transfer from the ``Native American
    housing block grants'' account, $200,000 shall be provided by transfer
    from the ``Indian housing loan guarantee fund program'' account and
    $35,000 shall be transferred from the ``Native Hawaiian housing loan
    guarantee fund'' account: Provided, That funds made available under this
    heading shall only be allocated in the manner specified in the report
    accompanying this Act unless the Committees on Appropriations of both
    the House of Representatives and the Senate are notified of any changes
    in an operating plan or reprogramming: Provided further, That no less
    than $10,500,000 shall be transferred to the Working Capital Fund for
    the development of and modifications to information technology systems:
    Provided further, That of the total amount made available under this
    heading, not less than $21,000,000 is to be made available to the Chief
    Financial Officer exclusively for activities to implement appropriate
    funds control systems, including improvements in automated financial
    management systems, additional training of departmental employees in
    proper fund control procedures, and establishment of a division of
    appropriations law within the Office of the [NOTE: Deadline.] Chief
    Financial Officer: Provided further, That the Chief Financial Officer
    shall submit a revised departmental funds control handbook to the
    Committees on Appropriations of the House and Senate no later than 30
    days after enactment of this Act: Provided further, That no official or
    employee of the Department shall be designated as an allotment holder
    unless the Office of the Chief Financial Officer (OCFO) has determined
    that such allotment holder has implemented an adequate system of funds
    control and has received training in funds control procedures and
    directives: Provided further, [NOTE: Deadline.] That the Secretary
    shall, within 30 days of enactment of this Act, permanently transfer no
    fewer than four appropriations law attorneys from the Legislative
    Division of the Office of Legislation and Regulations, Office of General
    Counsel to the OCFO: Provided further, That personnel transferred
    pursuant to the previous proviso shall report directly to the Chief
    Financial Officer: Provided further, [NOTE: 42 USC 3549.] That,
    notwithstanding any other provision of law, hereafter, the Chief
    Financial Officer of the Department of Housing and Urban Development
    shall, in consultation with the Budget Officer, have sole authority to
    investigate potential or actual violations under the Anti-Deficiency Act
    (31 U.S.C. 1341 et seq.) and all other statutes and regulations related
    to the obligation and expenditure of funds made available in this, or
    any other Act; shall determine whether violations
    exist; [NOTE: Reports.] and shall submit final reports on violations
    to the Secretary, the President, the Office of Management and Budget and
    the Congress in accordance with applicable statutes and Office of
    Management and Budget circulars: Provided further, That the Chief
    Financial Officer shall establish positive control of and maintain
    adequate systems of accounting for appropriations and other available
    funds as required

    [[Page 500]]

    117 STAT. 500

    by 31 U.S.C. 1514: Provided further, That for the purpose of determining
    whether a violation exists under the Anti-Deficiency Act (31 U.S.C. 1341
    et seq.), the point of obligation shall be the executed agreement or
    contract: Provided further, That the Chief Financial Officer shall: (a)
    appoint qualified personnel to conduct investigations of potential or
    actual violations; (b) establish minimum training requirements and other
    qualifications for personnel that may be appointed to conduct
    investigations; (c) establish guidelines and timeframes for the conduct
    and completion of investigations; (d) prescribe the content, format and
    other requirements for the submission of final reports on violations;
    and (e) prescribe such additional policies and procedures as may be
    required for conducting investigations of, and administering,
    processing, and reporting on, potential and actual violations of the
    Anti-Deficiency Act and all other statutes and regulations governing the
    obligation and expenditure of funds made available in this or any other
    Act: Provided further, That the Secretary shall fill 7 out of 10
    vacancies at the GS-14 and GS-15 levels until the total number of GS-14
    and GS-15 positions in the Department has been reduced from the number
    of GS-14 and GS-15 positions on the date of enactment of
    Public [NOTE: Deadline.] Law 106-377 by 2\1/2\ percent: Provided
    further, That the Secretary shall submit a staffing plan for the
    Department by March 15, 2003.

    working capital fund

    For additional capital for the Working Capitol Fund (42 U.S.C. 3535)
    for the development of, modifications to, and infrastructure for
    Department-wide information technology systems, and for the continuing
    operation of both Department-wide and program-specific information
    systems, $276,300,000, to remain available until September 30, 2004:
    Provided, That any amounts transferred to this Fund under this Act shall
    remain available until expended: Provided further,
    That [NOTE: Reports.] none of the funds made available to the
    Department in this Act, or any other Act, may be used to award a new
    contract for the HUD Information Technology Services (HITS) project
    until 90 days after the Department has submitted to the Committees on
    Appropriations of the House of Representatives and the Senate a
    comprehensive 5-year information technology plan in accordance with the
    direction included in the report accompanying this Act.

    office of inspector general

    (including transfer of funds)

    For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, as amended, $97,499,000,
    of which $23,343,000 shall be provided from the various funds of the
    Federal Housing Administration: Provided, That the Inspector General
    shall have independent authority over all personnel issues within this
    office: Provided further, That no less than $300,000 shall be
    transferred to the Working Capital Fund for the development of and
    modifications to information technology systems for the Office of
    Inspector General.

    [[Page 501]]

    117 STAT. 501

    consolidated fee fund

    (rescission)

    Of the balances remaining available from fees and charges under
    section 7(j) of the Department of Housing and Urban Development Act on
    October 1, 2002, $8,000,000 are rescinded.

    Office of Federal Housing Enterprise Oversight

    salaries and expenses

    (including transfer of funds)

    For carrying out the Federal Housing Enterprises Financial Safety
    and Soundness Act of 1992, including not to exceed $500 for official
    reception and representation expenses, $30,000,000, to remain available
    until expended, to be derived from the Federal Housing Enterprises
    Oversight Fund: Provided, That not to exceed such amount shall be
    available from the general fund of the Treasury to the extent necessary
    to incur obligations and make expenditures pending the receipt of
    collections to the Fund: Provided further, That the general fund amount
    shall be reduced as collections are received during the fiscal year so
    as to result in a final appropriation from the general fund estimated at
    not more than $0.

    Administrative Provisions

    Sec. 201. Fifty percent of the amounts of budget authority, or in
    lieu thereof 50 percent of the cash amounts associated with such budget
    authority, that are recaptured from projects described in section
    1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
    1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of cash,
    shall be remitted to the Treasury, and such amounts of budget authority
    or cash recaptured and not rescinded or remitted to the Treasury shall
    be used by State housing finance agencies or local governments or local
    housing agencies with projects approved by the Secretary of Housing and
    Urban Development for which settlement occurred after January 1, 1992,
    in accordance with such section. Notwithstanding the previous sentence,
    the Secretary may award up to 15 percent of the budget authority or cash
    recaptured and not rescinded or remitted to the Treasury to provide
    project owners with incentives to refinance their project at a lower
    interest rate.
    Sec. 202. None of the amounts made available under this Act may be
    used during fiscal year 2003 to investigate or prosecute under the Fair
    Housing Act any otherwise lawful activity engaged in by one or more
    persons, including the filing or maintaining of a non-frivolous legal
    action, that is engaged in solely for the purpose of achieving or
    preventing action by a Government official or entity, or a court of
    competent jurisdiction.
    Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
    Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
    made available under this title for fiscal year 2003 that are allocated
    under such section, the Secretary of Housing and Urban Development shall
    allocate and make a grant, in the amount determined under subsection
    (b), for any State that--

    [[Page 502]]

    117 STAT. 502

    (1) received an allocation in a prior fiscal year under
    clause (ii) of such section; and
    (2) is not otherwise eligible for an allocation for fiscal
    year 2003 under such clause (ii) because the areas in the State
    outside of the metropolitan statistical areas that qualify under
    clause (i) in fiscal year 2003 do not have the number of cases
    of acquired immunodeficiency syndrome (AIDS) required under such
    clause.

    (b) The amount of the allocation and grant for any State described
    in subsection (a) shall be an amount based on the cumulative number of
    AIDS cases in the areas of that State that are outside of metropolitan
    statistical areas that qualify under clause (i) of such section
    854(c)(1)(A) in fiscal year 2003, in proportion to AIDS cases among
    cities and States that qualify under clauses (i) and (ii) of such
    section and States deemed eligible under subsection (a).
    Sec. 204. (a) Section 225(a) of the Departments of Veterans Affairs
    and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 2000, Public Law 106-74 (113 Stat. 1076), is amended
    by striking ``year 2000, and the amounts that would otherwise be
    allocated for fiscal year 2001 and fiscal year 2002'', and inserting
    ``years 2000, 2001, 2002, and 2003''.
    (b) Notwithstanding [NOTE: North Carolina.] any other provision of
    law, the Secretary of Housing and Urban Development shall allocate to
    Wake County, North Carolina, the amounts that otherwise would be
    allocated for fiscal year 2003 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
    Carolina, on behalf of the Raleigh-Durham-Chapel Hill, North Carolina
    Metropolitan Statistical Area. Any amounts allocated to Wake County
    shall be used to carry out eligible activities under section 855 of such
    Act (42 U.S.C. 12904) within such metropolitan statistical area.

    Sec. 205. [NOTE: Michigan.] (a) During fiscal year 2003, in the
    provision of rental assistance under section 8(o) of the United States
    Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a program to
    demonstrate the economy and effectiveness of providing such assistance
    for use in assisted living facilities that is carried out in the
    counties of the State of Michigan specified in subsection (b) of this
    section, notwithstanding paragraphs (3) and (18)(B)(iii) of such section
    8(o), a family residing in an assisted living facility in any such
    county, on behalf of which a public housing agency provides assistance
    pursuant to section 8(o)(18) of such Act, may be required, at the time
    the family initially receives such assistance, to pay rent in an amount
    exceeding 40 percent of the monthly adjusted income of the family by
    such a percentage or amount as the Secretary of Housing and Urban
    Development determines to be appropriate.

    (b) The counties specified in this subsection are Oakland County,
    Macomb County, Wayne County, and Washtenaw County, in the State of
    Michigan.
    Sec. 206. Except as explicitly provided in law, any grant or
    assistance made pursuant to title II of this Act shall be made on a
    competitive basis in accordance with section 102 of the Department of
    Housing and Urban Development Reform Act of 1989.
    Sec. 207. [NOTE: 42 USC 1437g note.] Notwithstanding any other
    provision of law, no funds in this Act or in any other Act in any fiscal
    year, including all future and prior fiscal years, may be used hereafter
    by the Secretary of Housing and Urban Development to provide any
    assistance or

    [[Page 503]]

    117 STAT. 503

    other funds for housing units defined in section 9(n) of the United
    States Housing Act of 1937 (as in effect immediately before the
    enactment of this Act) as ``covered locally developed public housing
    units''. The States of New York [NOTE: New York. Massachusetts.] and
    Massachusetts shall reimburse any funds already made available under any
    appropriations Act for these units to the Secretary of Housing and Urban
    Development for reallocation to public housing agencies:
    Provided, [NOTE: Deadline.] That, if either State fails to make such
    reimbursement within 12 months, the Secretary shall recapture such funds
    through reductions from the amounts allocated to each State under
    section 106 of the Housing and Community Development Act of 1974.

    Sec. 208. Funds of the Department of Housing and Urban Development
    subject to the Government Corporation Control Act or section 402 of the
    Housing Act of 1950 shall be available, without regard to the
    limitations on administrative expenses, for legal services on a contract
    or fee basis, and for utilizing and making payment for services and
    facilities of the Federal National Mortgage Association, Government
    National Mortgage Association, Federal Home Loan Mortgage Corporation,
    Federal Financing Bank, Federal Reserve banks or any member thereof,
    Federal Home Loan banks, and any insured bank within the meaning of the
    Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
    1831).
    Sec. 209. Unless otherwise provided for in this Act or through a
    reprogramming of funds, no part of any appropriation for the Department
    of Housing and Urban Development shall be available for any program,
    project or activity in excess of amounts set forth in the budget
    estimates submitted to Congress.
    Sec. 210. Corporations and agencies of the Department of Housing and
    Urban Development which are subject to the Government Corporation
    Control Act, as amended, are hereby authorized to make such
    expenditures, within the limits of funds and borrowing authority
    available to each such corporation or agency and in accordance with law,
    and to make such contracts and commitments without regard to fiscal year
    limitations as provided by section 104 of such Act as may be necessary
    in carrying out the programs set forth in the budget for 2003 for such
    corporation or agency except as hereinafter provided: Provided, That
    collections of these corporations and agencies may be used for new loan
    or mortgage purchase commitments only to the extent expressly provided
    for in this Act (unless such loans are in support of other forms of
    assistance provided for in this or prior appropriations Acts), except
    that this proviso shall not apply to the mortgage insurance or guaranty
    operations of these corporations, or where loans or mortgage purchases
    are necessary to protect the financial interest of the United States
    Government.
    Sec. 211. None of the funds provided in this title for technical
    assistance, training, or management improvements may be obligated or
    expended unless HUD provides to the Committees on Appropriations a
    description of each proposed activity and a detailed budget estimate of
    the costs associated with each program, project or activity as part of
    the Budget Justifications. [NOTE: Deadline.] For fiscal year 2003, HUD
    shall transmit this information to the Committees by March 15, 2003 for
    30 days of review.

    Sec. 212. (a) Section 9(n)(1) of the United States Housing Act of
    1937 [NOTE: 42 USC 1437g.] is hereby repealed.

    [[Page 504]]

    117 STAT. 504

    (b) Section 226 of the Departments of Veterans Affairs and Housing
    and Urban development, and Independent Agencies Appropriations Act,
    1999, is [NOTE: 42 USC 1437 note.] hereby repealed.

    (c) [NOTE: Effective date. 42 USC 1437 note.] The amendment made
    by subsection (a) shall be deemed to have taken effect on October 1,
    1998.

    (d) [NOTE: Effective date. 42 USC 1437 note.] The amendment made
    by subsection (b) shall be deemed to have taken effect on October 21,
    1998.

    Sec. 213. Notwithstanding any other provision of law, in fiscal year
    2003, in managing and disposing of any multifamily property that is
    owned or held by the Secretary and is occupied primarily by elderly or
    disabled families, the Secretary of Housing and Urban Development shall
    maintain any rental assistance payments under section 8 of the United
    States Housing Act of 1937 that are attached to any dwelling units in
    the property. To the extent the Secretary determines that such a
    multifamily property owned or held by the Secretary is not feasible for
    continued rental assistance payments under such section 8, the Secretary
    may, in consultation with the tenants of that property, contract for
    project-based rental assistance payments with an owner or owners of
    other existing housing properties or provide other rental assistance.
    Sec. 214. [NOTE: State listing.] A public housing agency or such
    other entity that administers Federal housing assistance in the States
    of Alaska, Iowa, and Mississippi shall not be required to include a
    resident of public housing or a recipient of assistance provided under
    section 8 of the United States Housing Act of 1937 on the board of
    directors or a similar governing board of such agency or entity as
    required under section (2)(b) of such Act. [NOTE: Establishment.] Each
    public housing agency or other entity that administers Federal housing
    assistance under section 8 in the States of Alaska, Iowa and Mississippi
    shall establish an advisory board of not less than 6 residents of public
    housing or recipients of section 8 assistance to provide advice and
    comment to the public housing agency or other administering entity on
    issues related to public housing and section 8. Such advisory board
    shall meet not less than quarterly.

    Sec. 215. (a) Section 24(m)(1) of the United States Housing Act of
    1937 (42 U.S.C. 1437v(m)(1)) is amended by striking ``$600,000,000'' and
    all that follows through ``2002'' and inserting the following:
    ``$574,000,000 for fiscal year 2003''.
    (b) Section 24(n) of the United States Housing Act of 1937 (42
    U.S.C. 1437v(n)) is amended by striking ``September 30, 2002'' and
    inserting ``September 30, 2004''.
    Sec. 216. [NOTE: Reports.] The Secretary of Housing and Urban
    Development shall provide quarterly reports to the House and Senate
    Committees on Appropriations regarding all uncommitted, unobligated, and
    excess funds in each program and activity within the jurisdiction of the
    Department and shall submit additional, updated budget information to
    these committees upon request.

    Sec. 217. [NOTE: Reports. Deadline. 42 USC 1437 note.] The
    Secretary of Housing and Urban Development shall submit an annual report
    no later than August 30, 2003 and annually thereafter to the House and
    Senate Committees on Appropriations regarding the number of Federally
    assisted units under lease and the per unit cost of these units to the
    Department of Housing and Urban Development.

    Sec. 218. Notwithstanding the requirements regarding first-time
    homebuyers in section 104 of the National Affordable Housing Act of 1990
    (42 U.S.C. 12704), the Enterprise Housing Corporation of Maryland may
    use the remaining balance of the grant award,

    [[Page 505]]

    117 STAT. 505

    H3-95MD0005-I-N, within the East Baltimore Community of the City of
    Baltimore, Maryland.
    Sec. 219. In applying the across-the-board rescission under section
    601 of division N to amounts made available under the heading ``Housing
    certificate fund'', the Secretary shall have discretion in applying such
    rescission among the programs, projects, or activities within the
    account notwithstanding section 601(b).

    TITLE III--INDEPENDENT AGENCIES

    American Battle Monuments Commission

    salaries and expenses

    For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, including the acquisition of land or
    interest in land in foreign countries; purchases and repair of uniforms
    for caretakers of national cemeteries and monuments outside of the
    United States and its territories and possessions; rent of office and
    garage space in foreign countries; purchase (one for replacement only)
    and hire of passenger motor vehicles; and insurance of official motor
    vehicles in foreign countries, when required by law of such countries,
    $35,246,000, to remain available until expended.

    Chemical Safety and Hazard Investigation Board

    salaries and expenses

    For necessary expenses in carrying out activities pursuant to
    section 112(r)(6) of the Clean Air Act, as amended, including hire of
    passenger vehicles, uniforms or allowances therefore, as authorized by 5
    U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
    rates for individuals not to exceed the per diem equivalent to the
    maximum rate payable for senior level positions under 5 U.S.C. 5376,
    $7,850,000, of which $1,400,000 shall be derived from unobligated
    balances: Provided, That of the amounts appropriated, $500,000 is
    available until September 30, 2004: Provided further, That the Chemical
    Safety and Hazard Investigation Board shall have not more than three
    career Senior Executive Service positions.

    Department of the Treasury

    Community Development Financial Institutions

    community development financial institutions fund program account

    To carry out the Community Development Banking and Financial
    Institutions Act of 1994, including services authorized by 5 U.S.C.
    3109, but at rates for individuals not to exceed the per diem rate
    equivalent to the rate for ES-3, $75,000,000, to remain available until
    September 30, 2004, of which $5,000,000 shall be for financial
    assistance, technical assistance, training and outreach programs
    designed to benefit Native American, Native Hawaiian, and Alaskan Native
    communities and provided primarily through qualified community
    development lender organizations with experience and expertise in
    community development banking and lending

    [[Page 506]]

    117 STAT. 506

    in Indian country, Native American organizations, tribes and tribal
    organizations and other suitable providers, and up to $10,750,000 may be
    used for administrative expenses, including administration of the New
    Markets Tax Credit, up to $6,000,000 may be used for the cost of direct
    loans, and up to $250,000 may be used for administrative expenses to
    carry out the direct loan program: Provided, That the cost of direct
    loans, including the cost of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $11,000,000.

    Consumer Product Safety Commission

    salaries and expenses

    For necessary expenses of the Consumer Product Safety Commission,
    including hire of passenger motor vehicles, services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
    purchase of nominal awards to recognize non-Federal officials'
    contributions to Commission activities, and not to exceed $500 for
    official reception and representation expenses, $57,000,000.

    Corporation for National and Community Service

    national and community service programs operating expenses

    (including rescission and transfer of funds)

    For necessary expenses for the Corporation for National and
    Community Service (the ``Corporation'') in carrying out programs,
    activities, and initiatives under the National and Community Service Act
    of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $429,000,000, to remain
    available until September 30, 2004: Provided, That the Corporation shall
    enroll no more than 50,000 AmeriCorps members in the National Service
    Trust: Provided further, That not more than $32,500,000 shall be
    available for administrative expenses authorized under section
    501(a)(4): Provided further, That not more than $2,500 shall be for
    official reception and representation expenses: Provided further, That
    not more than $275,000,000 of the amount provided under this heading
    shall be available for grants under the National Service Trust program
    authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et
    seq.) (relating to activities including the AmeriCorps program), of
    which $100,000,000, to remain available without fiscal year limitation,
    shall be transferred to the National Service Trust for educational
    awards authorized under subtitle D of title I of the Act (42 U.S.C.
    12601), and of which up to $5,000,000 shall be available to support
    national service scholarships for high school students performing
    community service: Provided further, That of the amount provided under
    this heading for grants under the National Service Trust program
    authorized under subtitle C of title I of the Act, not more than
    $50,000,000 may be used to administer, reimburse, or support any
    national service program authorized under section 121(d)(2) of such Act
    (42 U.S.C. 12581(d)(2)): Provided further, That to the maximum extent
    feasible,

    [[Page 507]]

    117 STAT. 507

    funds appropriated under subtitle C of title I of the Act shall be
    provided in a manner that is consistent with the recommendations of peer
    review panels in order to ensure that priority is given to programs that
    demonstrate quality, innovation, replicability, and sustainability:
    Provided further, That not more than $10,000,000 of the funds made
    available under this heading shall be made available for the Points of
    Light Foundation for activities authorized under title III of the Act
    (42 U.S.C. 12661 et seq.), of which not more than $2,500,000 may be used
    to support an endowment fund, the corpus of which shall remain intact
    and the interest income from which shall be used to support activities
    described in title III of the Act, provided that the Foundation may
    invest the corpus and income in federally insured bank savings accounts
    or comparable interest bearing accounts, certificates of deposit, money
    market funds, mutual funds, obligations of the United States, and other
    market instruments and securities but not in real estate investments:
    Provided further, That no funds shall be available for national service
    programs run by Federal agencies authorized under section 121(b) of such
    Act (42 U.S.C. 12571(b)): Provided further, That to the maximum extent
    practicable, the Corporation shall increase significantly the level of
    matching funds and in-kind contributions provided by the private sector,
    and shall reduce the total Federal costs per participant in all
    programs: Provided further, That not more than $25,000,000 of the funds
    made available under this heading shall be available for the Civilian
    Community Corps authorized under subtitle E of title I of the Act (42
    U.S.C. 12611 et seq.): Provided further, That not more than $43,000,000
    shall be available for school-based and community-based service-learning
    programs authorized under subtitle B of title I of the Act (42 U.S.C.
    12521 et seq.): Provided further, That not more than $35,500,000 shall
    be available for quality and innovation activities authorized under
    subtitle H of title I of the Act (42 U.S.C. 12853 et seq.), of which
    $6,000,000 shall be available for challenge grants to non-profit
    organizations: Provided further, That not more than $5,000,000 of the
    funds made available under this heading shall be made available to
    America's Promise--The Alliance for Youth, Inc.: Provided further, That
    not more than $3,000,000 shall be available for audits and other
    evaluations authorized under section 179 of the Act (42 U.S.C. 12639):
    Provided further, That of the unobligated balances remaining from funds
    appropriated under this heading during fiscal year 2002 and prior years,
    $48,000,000 are rescinded.

    office of inspector general

    For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, as amended, $6,000,000,
    to remain available until September 30, 2004.

    administrative provisions

    Notwithstanding any other provision of law, the term ``qualified
    student loan'' with respect to national service education awards shall
    mean any loan determined by an institution of higher education to be
    necessary to cover a student's cost of attendance at such institution
    and made, insured, or guaranteed directly to a student by a State
    agency, in addition to other meanings under section 148(b)(7) of the
    National and Community Service Act.

    [[Page 508]]

    117 STAT. 508

    Notwithstanding any other provision of law, funds made available
    under section 129(d)(5)(B) of the National and Community Service Act to
    assist entities in placing applicants who are individuals with
    disabilities may be provided to any entity that receives a grant under
    section 121 of the Act.

    United States Court of Appeals for Veterans Claims

    salaries and expenses

    For necessary expenses for the operation of the United States Court
    of Appeals for Veterans Claims as authorized by 38 U.S.C. 7251-7298,
    $14,326,000 of which $1,045,000 shall be available for the purpose of
    providing financial assistance as described, and in accordance with the
    process and reporting procedures set forth, under this heading in Public
    Law 102-229.

    Department of Defense--Civil

    Cemeterial Expenses, Army

    salaries and expenses

    For necessary expenses, as authorized by law, for maintenance,
    operation, and improvement of Arlington National Cemetery and Soldiers'
    and Airmen's Home National Cemetery, including the purchase of two
    passenger motor vehicles for replacement only, and not to exceed $1,000
    for official reception and representation expenses, $32,445,000, to
    remain available until expended.

    Department of Health and Human Services

    National Institutes of Health

    national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental
    Health Sciences in carrying out activities set forth in section 311(a)
    of the Comprehensive Environmental Response, Compensation, and Liability
    Act of 1980, as amended, and section 126(g) of the Superfund Amendments
    and Reauthorization Act of 1986, $84,074,000.

    Agency for Toxic Substances and Disease Registry

    toxic substances and environmental public health

    For necessary expenses for the Agency for Toxic Substances and
    Disease Registry (ATSDR) in carrying out activities set forth in
    sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980
    (CERCLA), as amended; section 118(f) of the Superfund Amendments and
    Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
    Solid Waste Disposal Act, as amended, $82,800,000, to be derived from
    the Hazardous Substance Superfund Trust Fund pursuant to section 517(a)
    of SARA (26 U.S.C. 9507): Provided, That notwithstanding any other
    provision of law, in lieu of performing a health assessment under
    section 104(i)(6) of

    [[Page 509]]

    117 STAT. 509

    CERCLA, the Administrator of ATSDR may conduct other appropriate health
    studies, evaluations, or activities, including, without limitation,
    biomedical testing, clinical evaluations, medical monitoring, and
    referral to accredited health care providers: Provided further, That in
    performing any such health assessment or health study, evaluation, or
    activity, the Administrator of ATSDR shall not be bound by the deadlines
    in section 104(i)(6)(A) of CERCLA: Provided further, That none of the
    funds appropriated under this heading shall be available for ATSDR to
    issue in excess of 40 toxicological profiles pursuant to section 104(i)
    of CERCLA during fiscal year 2003, and existing profiles may be updated
    as necessary.

    Environmental Protection Agency

    science and technology

    For science and technology, including research and development
    activities, which shall include research and development activities
    under the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, as amended; necessary expenses for personnel and
    related costs and travel expenses, including uniforms, or allowances
    therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by
    5 U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the maximum rate payable for senior level positions
    under 5 U.S.C. 5376; procurement of laboratory equipment and supplies;
    other operating expenses in support of research and development;
    construction, alteration, repair, rehabilitation, and renovation of
    facilities, not to exceed $75,000 per project, $720,261,000, which shall
    remain available until September 30, 2004: Provided, That [NOTE: 42 USC
    4361c note.] the Office of Research and Development of the
    Environmental Protection Agency may hereafter contract directly with
    individuals or indirectly with institutions or nonprofit organizations,
    without regard to 41 U.S.C. 5, for the temporary or intermittent
    personal services of students or recent graduates, who shall be
    considered employees for the purposes of chapters 57 and 81 of title 5,
    United States Code, relating to compensation for travel and work
    injuries, and chapter 171 of title 28, United States Code, relating to
    tort claims, but shall not be considered to be Federal employees for any
    other purposes.

    environmental programs and management

    For environmental programs and management, including necessary
    expenses, not otherwise provided for, for personnel and related costs
    and travel expenses, including uniforms, or allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
    3109, but at rates for individuals not to exceed the per diem rate
    equivalent to the maximum rate payable for senior level positions under
    5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
    operation of aircraft; purchase of reprints; library memberships in
    societies or associations which issue publications to members only or at
    a price to members lower than to subscribers who are not members;
    construction, alteration, repair, rehabilitation, and renovation of
    facilities, not to exceed $75,000 per project; and not to exceed $19,000
    for official reception and representation expenses, $2,111,604,000,
    which shall remain available until September 30, 2004, including
    administrative costs

    [[Page 510]]

    117 STAT. 510

    of the brownfields program under the Small Business Liability Relief and
    Brownfields Revitalization Act of 2002: Provided, That notwithstanding
    any other provision of law, the Administrator of the Environmental
    Protection Agency shall certify grant amendments for grant numbers C-
    340461-02 and C-340461-03.

    office of inspector general

    For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, and for construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $75,000 per project,
    $36,000,000, to remain available until September 30, 2004.

    buildings and facilities

    For construction, repair, improvement, extension, alteration, and
    purchase of fixed equipment or facilities of, or for use by, the
    Environmental Protection Agency, $42,918,000, to remain available until
    expended.

    hazardous substance superfund

    (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
    including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
    9611), and for construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $75,000 per project;
    $1,272,888,000, to remain available until expended, consisting of
    $636,444,000, as authorized by section 517(a) of the Superfund
    Amendments and Reauthorization Act of 1986 (SARA), as amended by Public
    Law 101-508, and $636,444,000 as a payment from general revenues to the
    Hazardous Substance Superfund for purposes as authorized by section
    517(b) of SARA, as amended: Provided, That funds appropriated under this
    heading may be allocated to other Federal agencies in accordance with
    section 111(a) of CERCLA: Provided further, That of the funds
    appropriated under this heading, $12,742,000 shall be transferred to the
    ``Office of Inspector General'' appropriation to remain available until
    September 30, 2004, and $86,168,000 shall be transferred to the
    ``Science and technology'' appropriation to remain available until
    September 30, 2004.

    leaking underground storage tank program

    For necessary expenses to carry out leaking underground storage tank
    cleanup activities authorized by section 205 of the Superfund Amendments
    and Reauthorization Act of 1986, and for construction, alteration,
    repair, rehabilitation, and renovation of facilities, not to exceed
    $75,000 per project, $72,313,000, to remain available until expended.

    oil spill response

    For expenses necessary to carry out the Environmental Protection
    Agency's responsibilities under the Oil Pollution Act of 1990,
    $15,581,000, to be derived from the Oil Spill Liability trust fund, to
    remain available until expended.

    [[Page 511]]

    117 STAT. 511

    state and tribal assistance grants

    For environmental programs and infrastructure assistance, including
    capitalization grants for State revolving funds and performance
    partnership grants, $3,859,994,000, to remain available until expended,
    of which $1,350,000,000 shall be for making capitalization grants for
    the Clean Water State Revolving Funds under title VI of the Federal
    Water Pollution Control Act, as amended (the ``Act''), of which up to
    $75,000,000 shall be available for loans, including interest free loans
    as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-municipal,
    interstate, or State agencies or nonprofit entities for projects that
    provide treatment for or that minimize sewage or stormwater discharges
    using one or more approaches which include, but are not limited to,
    decentralized or distributed stormwater controls, decentralized
    wastewater treatment, low-impact development practices, conservation
    easements, stream buffers, or wetlands restoration; $850,000,000 shall
    be for capitalization grants for the Drinking Water State Revolving
    Funds under section 1452 of the Safe Drinking Water Act, as amended,
    except that, notwithstanding section 1452(n) of the Safe Drinking Water
    Act, as amended, none of the funds made available under this heading in
    this Act, or in previous appropriations Acts, shall be reserved by the
    Administrator for health effects studies on drinking water contaminants;
    $50,000,000 shall be for architectural, engineering, planning, design,
    construction and related activities in connection with the construction
    of high priority water and wastewater facilities in the area of the
    United States-Mexico Border, after consultation with the appropriate
    border commission; $43,000,000 shall [NOTE: Alaska.] be for grants to
    the State of Alaska to address drinking water and wastewater
    infrastructure needs of rural and Alaska Native Villages; $3,000,000
    shall be for remediation of above ground leaking fuel tanks pursuant to
    Public Law 106-554; $314,887,000 shall be for making grants for the
    construction of drinking water, wastewater and storm water
    infrastructure and for water quality protection in accordance with the
    terms and conditions specified for such grants in the joint explanatory
    statement of the managers accompanying this Act; $8,225,000 for grants
    for construction of alternative decentralized wastewater facilities
    under the National Decentralized Wastewater Demonstration program, in
    accordance with the terms and conditions specified in the joint
    explanatory statement of the managers accompanying this Act; $90,500,000
    shall be to carry out section 104(k) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
    including grants, interagency agreements, and associated program support
    costs; and $1,150,382,000 shall be for grants, including associated
    program support costs, to States, federally recognized tribes,
    interstate agencies, tribal consortia, and air pollution control
    agencies for multi-media or single media pollution prevention, control
    and abatement and related activities, including activities pursuant to
    the provisions set forth under this heading in Public Law 104-134, and
    for making grants under section 103 of the Clean Air Act for particulate
    matter monitoring and data collection activities subject to terms and
    conditions specified by the Administrator, of which $50,000,000 shall be
    for carrying out section 128 of CERCLA, as amended, and $19,999,900
    shall be for Environmental Information Exchange Network grants,
    including associated program support costs: Provided,

    [[Page 512]]

    117 STAT. 512

    That for fiscal year 2003, State [NOTE: 42 USC 300j-12
    note.] authority under section 302(a) of Public Law 104-182 shall
    remain in effect: Provided further, That notwithstanding section
    603(d)(7) of the Act, the limitation on the amounts in a State water
    pollution control revolving fund that may be used by a State to
    administer the fund shall not apply to amounts included as principal in
    loans made by such fund in fiscal year 2003 and prior years where such
    amounts represent costs of administering the fund to the extent that
    such amounts are or were deemed reasonable by the Administrator,
    accounted for separately from other assets in the fund, and used for
    eligible purposes of the fund, including administration: Provided
    further, That [NOTE: 33 USC 1377 note.] for fiscal year 2003, and
    notwithstanding section 518(f) of the Act, the Administrator is
    authorized to use the amounts appropriated for any fiscal year under
    section 319 of that Act to make grants to Indian tribes pursuant to
    sections 319(h) and 518(e) of that Act: Provided further, That for
    fiscal year 2003, notwithstanding the limitation on amounts in section
    518(c) of the Act, up to a total of 1\1/2\ percent of the funds
    appropriated for State Revolving Funds under title VI of that Act may be
    reserved by the Administrator for grants under section 518(c) of such
    Act: Provided further, That no funds provided by this legislation to
    address the water, wastewater and other critical infrastructure needs of
    the colonias in the United States along the United States-Mexico border
    shall be made available to a county or municipal government unless that
    government has established an enforceable local ordinance, or other
    zoning rule, which prevents in that jurisdiction the development or
    construction of any additional colonia areas, or the development within
    an existing colonia the construction of any new home, business, or other
    structure which lacks water, wastewater, or other necessary
    infrastructure: Provided further, That the referenced statements of the
    managers under this heading in Public Laws 105-276, 106-74, and 106-377
    are deemed to be amended by striking everything after ``Creek'' in
    reference to item numbers 27, 38, and 59, respectively, and inserting,
    ``and the Upper Ocmulgee River Watersheds, Georgia'': Provided further,
    That the referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended by adding the words ``water
    and'' before the word ``wastewater'' in reference to item number 205:
    Provided further, That the referenced statement of the managers under
    this heading in Public Law 106-74 is deemed to be amended by striking
    everything after ``improvement'' in reference to item number 137 and
    inserting, ``and extensions to the Indian Ridge Industrial Park;'':
    Provided further, That the referenced statement of the managers under
    this heading in Public Law 107-73 is deemed to be amended by striking
    everything after ``wastewater'' in reference to item number 103 and
    inserting, ``and drinking water infrastructure improvements;'': Provided
    further, That the referenced statement of the managers under this
    heading in Public Law 107-73 is deemed to be amended by striking
    everything after ``for'' in reference to item number 283 and inserting,
    ``the Mount Pleasant Waterworks Commission, South Carolina, for the
    Snowden Community Wastewater Collection Project;'': Provided further,
    That the referenced statement of the managers under this heading in
    Public Law 106-377 [NOTE: 114 Stat. 1441A-42.] is deemed to be amended
    in reference to item number 216 by inserting before the period, ``, and,
    after February 1, 2003, any remaining unobligated funds to the City of

    [[Page 513]]

    117 STAT. 513

    Wendover, Utah for water and wastewater infrastructure improvements''.

    administrative provisions

    For fiscal year 2003, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
    the Administrator of the Environmental Protection Agency, in carrying
    out the Agency's function to implement directly Federal environmental
    programs required or authorized by law in the absence of an acceptable
    tribal program, may award cooperative agreements to federally-recognized
    Indian Tribes or Intertribal consortia, if authorized by their member
    Tribes, to assist the Administrator in implementing Federal
    environmental programs for Indian Tribes required or authorized by law,
    except that no such cooperative agreements may be awarded from funds
    designated for State financial assistance agreements.
    None of the funds appropriated or otherwise made available by this
    Act shall be used to promulgate a final regulation to implement changes
    in the payment of pesticide tolerance processing fees as proposed at 64
    Fed. Reg. 31040, or any similar proposals. The Environmental Protection
    Agency may proceed with the development of such a rule.
    The Environmental Protection Agency may not use any of the funds
    appropriated or otherwise made available by this Act to implement the
    Registration Fee system codified at 40 Code of Federal Regulations
    Subpart U (sections 152.400 et seq.) if its authority to collect
    maintenance fees pursuant to FIFRA section 4(i)(5) is extended for at
    least 1 year beyond September 30, 2002.
    Section 136a-1 of title 7, U.S.C. is amended--
    (1) in subsection (i)(5)(C)(i) by striking ``$17,000,000
    fiscal year 2002'' and inserting ``$21,500,000 for fiscal year
    2003'';
    (2) in subsection (i)(5)(H) by striking ``2002'' and
    inserting ``2003'';
    (3) in subsection (i)(6) by striking ``2002'' and inserting
    ``2003''; and
    (4) in subsection (k)(3)(A) by striking ``2002'' and
    inserting ``2003''.

    As soon as practicable after the date of enactment of this Act, the
    Administrator of the Environmental Protection Agency shall enter into a
    cooperative agreement with the National Academy of Sciences to evaluate
    the impact of the final rule relating to prevention of significant
    deterioration and nonattainment new source review, published at 67 Fed.
    Reg. 80186 (December 31, 2002). The study shall include--
    (1) increases or decreases in emissions of pollutants
    regulated under the New Source Review program;
    (2) impacts on human health;
    (3) pollution control and prevention technologies installed
    after the effective date of the rule at facilities covered under
    the rulemaking;
    (4) increases or decreases in efficiency of operations,
    including energy efficiency, at covered facilities; and
    (5) other relevant data.

    The [NOTE: Reports. Deadline.] National Academy of Sciences shall
    submit an interim report to Congress no later than March 3, 2004, and
    shall submit a final report on implementation of the rules.

    [[Page 514]]

    117 STAT. 514

    Executive Office of the President

    office of science and technology policy

    For necessary expenses of the Office of Science and Technology
    Policy, in carrying out the purposes of the National Science and
    Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
    6601 and 6671), hire of passenger motor vehicles, and services as
    authorized by 5 U.S.C. 3109, not to exceed $2,500 for official reception
    and representation expenses, and rental of conference rooms in the
    District of Columbia, $5,368,000.

    council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the Council
    on Environmental Quality and Office of Environmental Quality pursuant to
    the National Environmental Policy Act of 1969, the Environmental Quality
    Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
    to exceed $750 for official reception and representation expenses,
    $3,031,000: Provided, [NOTE: 42 USC 4342 note.] That, notwithstanding
    section 202 of the National Environmental Policy Act of 1970, the
    Council shall consist of one member, appointed by the President, by and
    with the advice and consent of the Senate, serving as chairman and
    exercising all powers, functions, and duties of the Council.

    Federal Deposit Insurance Corporation

    office of inspector general

    For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $30,848,000, to be derived from the Bank Insurance Fund, the
    Savings Association Insurance Fund, and the FSLIC Resolution Fund.

    Federal Emergency Management Agency

    disaster relief

    (including transfers of funds)

    For necessary expenses in carrying out the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
    $800,000,000, and, notwithstanding 42 U.S.C. 5203, to remain available
    until expended, of which not to exceed $2,900,000 may be transferred to
    ``Emergency management planning and assistance'' for the consolidated
    emergency management performance grant program; and not to exceed
    $21,577,000 may be transferred to the Office of Inspector General for
    audits and investigations: Provided, That notwithstanding any other
    provision of law, for disaster declaration FEMA-1379-DR and hereafter,
    the Texas Medical Center is to be considered for FEMA Public Assistance
    and Hazard Mitigation grants as if it were an eligible applicant:
    Provided further, That the funds made available under this heading in
    Public Law 105-276 for a pilot project of seismic retrofit technology at
    California State University, San Bernardino, are reduced to $3,559,500,
    the funds made available under this heading in

    [[Page 515]]

    117 STAT. 515

    Public Law 106-74 for a pilot project of seismic retrofit technology at
    California State University, San Bernardino, are reduced to $0, and that
    the funds made available as a result of this action shall be used to
    mitigate fire danger in the area of the San Bernardino National Forest
    due to bark beetle infestation.

    national pre-disaster mitigation fund

    For a pre-disaster mitigation grant program pursuant to 42 U.S.C.
    5131 et seq., $150,000,000, to remain available until expended:
    Provided, That grants shall be awarded on a competitive basis subject to
    the criteria in 42 U.S.C. 5133(g): Provided further, That
    notwithstanding 42 U.S.C. 5133(f), grant awards shall be made without
    reference to State allocations, quotas, or other formula-based
    allocations of funds.

    disaster assistance direct loan program account

    For the cost of direct loans, $557,000 as authorized by section 319
    of the Robert T. Stafford Disaster Relief and Emergency Assistance Act:
    Provided, That such costs, including the cost of modifying such loans,
    shall be as defined in section 502 of the Congressional Budget Act of
    1974, as amended: Provided further, That these funds are available to
    subsidize gross obligations for the principal amount of direct loans not
    to exceed $25,000,000.
    In addition, for administrative expenses to carry out the direct
    loan program, $557,000.

    salaries and expenses

    For necessary expenses, not otherwise provided for, including hire
    and purchase of motor vehicles as authorized by 31 U.S.C. 1343;
    uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    services as authorized by 5 U.S.C. 3109, but at rates for individuals
    not to exceed the per diem rate equivalent to the maximum rate payable
    for senior level positions under 5 U.S.C. 5376; expenses of attendance
    of cooperating officials and individuals at meetings concerned with the
    work of emergency preparedness; transportation in connection with the
    continuity of Government programs to the same extent and in the same
    manner as permitted the Secretary of a Military Department under 10
    U.S.C. 2632; and not to exceed $2,500 for official reception and
    representation expenses, $245,690,000.

    office of inspector general

    For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, as amended, $14,000,000:
    Provided, [NOTE: 5 USC app. 8G note.] That notwithstanding any other
    provision of law, the Inspector General of the Federal Emergency
    Management Agency shall hereafter also serve as the Inspector General of
    the Chemical Safety and Hazard Investigation Board.

    emergency management planning and assistance

    For necessary expenses, not otherwise provided for, to carry out
    activities under the National Flood Insurance Act of 1968, as amended,
    and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C.
    4001 et seq.), the Robert T. Stafford Disaster

    [[Page 516]]

    117 STAT. 516

    Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the
    Earthquake Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et
    seq.), the Federal Fire Prevention and Control Act of 1974, as amended
    (15 U.S.C. 2201 et seq.), the Defense Production Act of 1950, as amended
    (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the National
    Security Act of 1947, as amended (50 U.S.C. 404-405), and Reorganization
    Plan No. 3 of 1978, $388,299,000: Provided, [NOTE: Grants.] That of
    the amount provided under this heading: $25,000,000 shall be for grants
    for interoperable communications equipment; $25,000,000 shall be for
    grants for emergency operations centers; $60,000,000 shall be for
    existing Urban Search and Rescue Teams; $165,000,000 shall be for
    emergency management performance grants; $20,000,000 shall be for
    Community Emergency Response Teams.

    firefighter assistance grants

    (including transfer of funds)

    For necessary expenses, not otherwise provided for, for programs as
    authorized by section 33 of the Federal Fire Prevention and Control Act
    of 1974, as amended (15 U.S.C. 2201 et seq.), $750,000,000 to remain
    available through September 30, 2004: Provided, That up to 5 percent of
    this amount shall be transferred to ``Salaries and expenses'' for
    program administration.

    radiological emergency preparedness fund

    The aggregate charges assessed during fiscal year 2003, as
    authorized by Public Law 106-377, shall not be less than 100 percent of
    the amounts anticipated by FEMA necessary for its radiological emergency
    preparedness program for the next fiscal year. The methodology for
    assessment and collection of fees shall be fair and equitable; and shall
    reflect costs of providing such services, including administrative costs
    of collecting such fees. Fees received pursuant to this section shall be
    deposited in the Fund as offsetting collections and will become
    available for authorized purposes on October 1, 2003, and remain
    available until expended.

    cerro grande fire claims

    For an additional amount for ``Cerro Grande Fire Claims'', up to
    $90,000,000 shall be made available for claims resulting from the Cerro
    Grande fires: Provided, That up to $5,000,000 may be made available for
    administrative purposes.

    emergency food and shelter program

    To carry out an emergency food and shelter program pursuant to title
    III of Public Law 100-77, as amended, $153,000,000, to remain available
    until expended: Provided, That total administrative costs shall not
    exceed 3\1/2\ percent of the total appropriation.

    flood map modernization fund

    For necessary expenses pursuant to section 1360 of the National
    Flood Insurance Act of 1968, $150,000,000, and such additional sums as
    may be provided by State and local governments or other political
    subdivisions for cost-shared mapping activities under section
    1360(f)(2), to remain available until expended.

    [[Page 517]]

    117 STAT. 517

    national flood insurance fund

    (including transfer of funds)

    For activities under the National Flood Insurance Act of 1968
    (``Act'') and the Flood Disaster Protection Act of 1973, as amended, not
    to exceed $32,393,000 for salaries and expenses associated with flood
    mitigation and flood insurance operations, and not to exceed $77,666,000
    for flood mitigation, to remain available until September 30, 2004,
    including up to $20,000,000 for expenses under section 1366 of the Act,
    which amount shall be available for transfer to the National Flood
    Mitigation Fund until September 30, 2004, and which amounts shall be
    derived from offsetting collections assessed and collected pursuant to
    42 U.S.C. 4014, and shall be retained and used for necessary expenses
    under this heading: Provided, That beginning [NOTE: 42 USC 4014
    note.] in fiscal year 2003 and thereafter, fees authorized in 42 U.S.C.
    4014(a)(1)(B)(iii) shall be collected only if provided in advance in
    appropriations acts. In fiscal year 2003, no funds in excess of: (1)
    $55,000,000 for operating expenses; (2) $529,380,000 for agents'
    commissions and taxes; and (3) $40,000,000 for interest on Treasury
    borrowings shall be available from the National Flood Insurance Fund
    without prior notice to the Committees on Appropriations.

    national flood mitigation fund

    (including transfer of funds)

    Notwithstanding sections 1366(b)(3)(B)-(C) and 1366(f) of the
    National Flood Insurance Act of 1968, as amended, $20,000,000, to remain
    available until September 30, 2004, for activities designed to reduce
    the risk of flood damage to structures pursuant to such Act, of which
    $20,000,000 shall be derived from the National Flood Insurance Fund.

    administrative provisions

    Notwithstanding any other provision of law, funds appropriated to
    the Federal Emergency Management Agency (FEMA) for disaster relief for
    the terrorist attacks of September 11, 2001, in Public Law 107-117, may
    be used to provide funds to the City of New York and the State of New
    York for costs associated with such attacks that are unreimbursable
    under the Stafford Act, including but not limited to the non-Federal
    share of relevant programs: Provided, That of the amounts made
    available, $90,000,000 shall be available upon enactment of this Act to
    administer baseline and follow-up screening and clinical examinations
    and long-term health monitoring and analysis for emergency services
    personnel and rescue and recovery personnel, of which not less than
    $25,000,000 shall be made available for such services for current and
    retired firefighters.
    Notwithstanding any other provision of law, including sections 403
    and 407 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (43 U.S.C. 5170b and 42 U.S.C. 5173), the Federal
    Emergency Management Agency is directed to provide, from funds
    appropriated to the Federal Emergency Management Agency for disaster
    relief for the terrorist attacks of September 11, 2001, in Public Law
    107-117, up to $1,000,000,000 to establish a captive insurance company
    or other appropriate insurance mechanism for

    [[Page 518]]

    117 STAT. 518

    claims arising from debris removal, which may include claims made by
    city employees.
    FEMA is hereby directed to recognize that a hospital building has
    met the ``immediate occupancy'' requirements of the Seismic Hazard
    Mitigation Program for Hospitals (SHMPH) if such building is approved by
    California's Office of Statewide Health Planning and Development (OSHPD)
    for occupancy until 2030 or beyond under the Alfred E. Alquist Hospital
    Facilities Seismic Safety Act of 1983 now in effect.

    General Services Administration

    federal citizen information center fund

    For necessary expenses of the Federal Citizen Information Center,
    including services authorized by 5 U.S.C. 3109, $11,541,000, to be
    deposited into the Federal Citizen Information Center Fund: Provided,
    That the appropriations, revenues, and collections deposited into the
    Fund shall be available for necessary expenses of Federal Citizen
    Information Center activities in the aggregate amount of $18,000,000.
    Appropriations, revenues, and collections accruing to this Fund during
    fiscal year 2003 in excess of $18,000,000 shall remain in the Fund and
    shall not be available for expenditure except as authorized in
    appropriations Acts.

    Interagency Council on the Homeless

    operating expenses

    For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference rooms
    in the District of Columbia, and the employment of experts and
    consultants under section 3109 of title 5, United States Code) of the
    Interagency Council on the Homeless in carrying out the functions
    pursuant to title II of the McKinney-Vento Homeless Assistance Act, as
    amended, $1,500,000.

    National Aeronautics and Space Administration

    human space flight

    (including transfer of funds)

    For necessary expenses, not otherwise provided for, in the conduct
    and support of human space flight research and development activities,
    including research, development, operations, support and services;
    maintenance; construction of facilities including repair,
    rehabilitation, revitalization and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, environmental compliance and restoration,
    and acquisition or condemnation of real property, as authorized by law;
    space flight, spacecraft control and communications activities including
    operations, production, and services; program management; personnel and
    related costs, including uniforms or allowances therefor, as authorized
    by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger
    motor vehicles; not to exceed $35,000 for official reception and
    representation expenses; and purchase, lease, charter, maintenance and
    operation of mission and administrative aircraft, $6,180,900,000, to
    remain available

    [[Page 519]]

    117 STAT. 519

    until September 30, 2004, of which amounts as determined by the
    Administrator for salaries and benefits; training, travel and awards;
    facility and related costs; information technology services; science,
    engineering, fabricating and testing services; and other administrative
    services may be transferred to ``Science, aeronautics and technology''
    in accordance with section 312(b) of the National Aeronautics and Space
    Act of 1958, as amended by Public Law 106-377.

    science, aeronautics and technology

    (including transfer of funds)

    For necessary expenses, not otherwise provided for, in the conduct
    and support of science, aeronautics and technology research and
    development activities, including research, development, operations,
    support and services; maintenance; construction of facilities including
    repair, rehabilitation, revitalization, and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, environmental compliance and restoration,
    and acquisition or condemnation of real property, as authorized by law;
    space flight, spacecraft control and communications activities including
    operations, production, and services; program management; personnel and
    related costs, including uniforms or allowances therefor, as authorized
    by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger
    motor vehicles; not to exceed $35,000 for official reception and
    representation expenses; and purchase, lease, charter, maintenance and
    operation of mission and administrative aircraft, $9,207,665,000, to
    remain available until September 30, 2004, of which amounts as
    determined by the Administrator for salaries and benefits; training,
    travel and awards; facility and related costs; information technology
    services; science, engineering, fabricating and testing services; and
    other administrative services may be transferred to ``Human space
    flight'' in accordance with section 312(b) of the National Aeronautics
    and Space Act of 1958, as amended by Public Law 106-377.

    office of inspector general

    For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, as amended, $25,600,000.

    administrative provisions

    Notwithstanding any other provision of this Act, the $3,836,000,000
    provided for the Shuttle program shall be exempt from the across-the-
    board rescission under section 601 in division N.
    Notwithstanding the limitation on the availability of funds
    appropriated for ``Human space flight'', or ``Science, aeronautics and
    technology'' by this appropriations Act, when any activity has been
    initiated by the incurrence of obligations for construction of
    facilities as authorized by law, such amount available for such activity
    shall remain available until expended. This provision does not apply to
    the amounts appropriated for institutional minor revitalization and
    construction of facilities, and institutional facility planning and
    design.

    [[Page 520]]

    117 STAT. 520

    Notwithstanding the limitation on the availability of funds
    appropriated for ``Human space flight'', or ``Science, aeronautics and
    technology'' by this appropriations Act, the amounts appropriated for
    construction of facilities shall remain available until September 30,
    2005.
    Notwithstanding the limitation on the availability of funds
    appropriated for ``Office of Inspector General'', amounts made available
    by this Act for personnel and related costs and travel expenses of the
    National Aeronautics and Space Administration shall remain available
    until September 30, 2003 and may be used to enter into contracts for
    training, investigations, costs associated with personnel relocation,
    and for other services, to be provided during the next fiscal year.
    Funds for announced prizes otherwise authorized shall remain available,
    without fiscal year limitation, until the prize is claimed or the offer
    is withdrawn.
    NASA is authorized to proceed with establishment of a Non-
    Governmental Organization for International Space Station research:
    Provided, That no funds in this Act or any other appropriations Act may
    be expended for establishment of a Non-Governmental Organization that
    includes engineering and integration functions identified as Phase 2 in
    the Report of NASA's International Space Station Utilization Management
    Concept Development Study submitted on January 10, 2003.
    There [NOTE: 42 USC 2459i.] is hereby established in the United
    States Treasury a National Aeronautics and Space Administration working
    capital fund. Amounts in the fund are available for financing
    activities, services, equipment, information, and facilities as
    authorized by law to be provided within the Administration; to other
    agencies or instrumentalities of the United States; to any State,
    Territory, or possession or political subdivision thereof; to other
    public or private agencies; or to any person, firm, association,
    corporation, or educational institution on a reimbursable basis. The
    fund shall also be available for the purpose of funding capital repairs,
    renovations, rehabilitation, sustainment, demolition, or replacement of
    NASA real property, on a reimbursable basis within the Administration.
    Amounts in the fund are available without regard to fiscal year
    limitation. The capital of the fund consists of amounts appropriated to
    the fund; the reasonable value of stocks of supplies, equipment, and
    other assets and inventories on order that the Administrator transfers
    to the fund, less the related liabilities and unpaid obligations; and
    payments received for loss or damage to property of the fund. The fund
    shall be reimbursed, in advance, for supplies and services at rates that
    will approximate the expenses of operation, such as the accrual of
    annual leave, depreciation of plant, property and equipment, and
    overhead.

    National Credit Union Administration

    central liquidity facility

    During fiscal year 2003, gross obligations of the Central Liquidity
    Facility for the principal amount of new direct loans to member credit
    unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
    $1,500,000,000: Provided, That administrative expenses of the Central
    Liquidity Facility in fiscal year 2003 shall not exceed $309,000.

    [[Page 521]]

    117 STAT. 521

    community development revolving loan fund

    For the Community Development Revolving Loan Fund program as
    authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000 shall be
    available: Provided, That of this amount $700,000, together with amounts
    of principal and interest on loans repaid, is available until expended
    for loans to community development credit unions, and $300,000 is
    available until September 30, 2004 for technical assistance to low-
    income and community development credit unions.

    National Science Foundation

    research and related activities

    For necessary expenses in carrying out the National Science
    Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to
    establish a National Medal of Science (42 U.S.C. 1880-1881); services as
    authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and
    purchase of flight services for research support; acquisition of
    aircraft; and authorized travel; $4,083,000,000, of which not to exceed
    $320,000,000 shall remain available until expended for Polar research
    and operations support, and for reimbursement to other Federal agencies
    for operational and science support and logistical and other related
    activities for the United States Antarctic program; the balance to
    remain available until September 30, 2004: Provided, That receipts for
    scientific support services and materials furnished by the National
    Research Centers and other National Science Foundation supported
    research facilities may be credited to this appropriation: Provided
    further, That to the extent that the amount appropriated is less than
    the total amount authorized to be appropriated for included program
    activities, all amounts, including floors and ceilings, specified in the
    authorizing Act for those program activities or their subactivities
    shall be reduced proportionally: Provided further, That $85,000,000 of
    the funds available under this heading shall be made available for a
    comprehensive research initiative on plant genomes for economically
    significant crops.

    major research equipment and facilities construction

    For necessary expenses for the acquisition, construction,
    commissioning, and upgrading of major research equipment, facilities,
    and other such capital assets pursuant to the National Science
    Foundation Act of 1950, as amended, including authorized travel,
    $149,510,000, to remain available until expended.

    education and human resources

    For necessary expenses in carrying out science and engineering
    education and human resources programs and activities pursuant to the
    National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
    1875), including services as authorized by 5 U.S.C. 3109, authorized
    travel, and rental of conference rooms in the District of Columbia,
    $909,080,000, to remain available until September 30, 2004: Provided,
    That to the extent that the amount of this appropriation is less than
    the total amount authorized to be appropriated for included program
    activities, all amounts, including floors and ceilings, specified in the
    authorizing Act for

    [[Page 522]]

    117 STAT. 522

    those program activities or their subactivities shall be reduced
    proportionally.

    salaries and expenses

    For salaries and expenses necessary in carrying out the National
    Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875);
    services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;
    not to exceed $9,000 for official reception and representation expenses;
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    rental of conference rooms in the District of Columbia; and
    reimbursement of the General Services Administration for security guard
    services; $190,352,000: Provided, That contracts may be entered into
    under ``Salaries and expenses'' in fiscal year 2003 for maintenance and
    operation of facilities, and for other services, to be provided during
    the next fiscal year.

    office of the national science board

    For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference rooms
    in the District of Columbia, and the employment of experts and
    consultants under section 3109 of title 5, United States Code) involved
    in carrying out section 4 of the National Science Foundation Act of 1950
    (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
    $3,500,000: Provided, That not more than $9,000 shall be available for
    official reception and representation expenses.

    office of inspector general

    For necessary expenses of the Office of Inspector General as
    authorized by the Inspector General Act of 1978, as amended, $9,250,000,
    to remain available until September 30, 2004.

    Neighborhood Reinvestment Corporation

    payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in
    neighborhood reinvestment activities, as authorized by the Neighborhood
    Reinvestment Corporation Act (42 U.S.C. 8101-8107), $105,000,000, of
    which $5,000,000 shall be for a homeownership program that is used in
    conjunction with section 8 assistance under the United States Housing
    Act of 1937, as amended; and of which $5,000,000 shall be for a multi-
    family rental housing program.

    Selective Service System

    salaries and expenses

    For necessary expenses of the Selective Service System, including
    expenses of attendance at meetings and of training for uniformed
    personnel assigned to the Selective Service System, as authorized by 5
    U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
    passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
    not to exceed $750 for official reception

    [[Page 523]]

    117 STAT. 523

    and representation expenses; $26,480,000: Provided, That during the
    current fiscal year, the President may exempt this appropriation from
    the provisions of 31 U.S.C. 1341, whenever the President deems such
    action to be necessary in the interest of national defense: Provided
    further, That none of the funds appropriated by this Act may be expended
    for or in connection with the induction of any person into the Armed
    Forces of the United States.

    TITLE IV--GENERAL PROVISIONS

    Sec. 401. 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. 402. No funds appropriated by this Act may be expended--
    (1) pursuant to a certification of an officer or employee of
    the United States unless--
    (A) such certification is accompanied by, or is part
    of, a voucher or abstract which describes the payee or
    payees and the items or services for which such
    expenditure is being made; or
    (B) the expenditure of funds pursuant to such
    certification, and without such a voucher or abstract,
    is specifically authorized by law; and
    (2) unless such expenditure is subject to audit by the
    General Accounting Office or is specifically exempt by law from
    such audit.

    Sec. 403. None of the funds provided in this Act to any department
    or agency may be obligated or expended for: (1) the transportation of
    any officer or employee of such department or agency between the
    domicile and the place of employment of the officer or employee, with
    the exception of an officer or employee authorized such transportation
    under 31 U.S.C. 1344 or 5 U.S.C. 7905; or (2) to provide a cook,
    chauffeur, or other personal servants to any officer or employee of such
    department or agency.
    Sec. 404. None of the funds provided in this Act may be used for
    payment, through grants or contracts, to recipients that do not share in
    the cost of conducting research resulting from proposals not
    specifically solicited by the Government: Provided, That the extent of
    cost sharing by the recipient shall reflect the mutuality of interest of
    the grantee or contractor and the Government in the research.
    Sec. 405. None of the funds provided in this Act may be used,
    directly or through grants, to pay or to provide reimbursement for
    payment of the salary of a consultant (whether retained by the Federal
    Government or a grantee) at more than the daily equivalent of the rate
    paid for level IV of the Executive Schedule, unless specifically
    authorized by law.
    Sec. 406. None of the funds provided in this Act may be used to pay
    the expenses of, or otherwise compensate, non-Federal parties
    intervening in regulatory or adjudicatory proceedings. Nothing herein
    affects the authority of the Consumer Product Safety Commission pursuant
    to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et
    seq.).
    Sec. 407. Except as otherwise provided under existing law, or under
    an existing Executive order issued pursuant to an existing law, the
    obligation or expenditure of any appropriation under this Act for
    contracts for any consulting service shall be limited to

    [[Page 524]]

    117 STAT. 524

    contracts which are: (1) a matter of public record and available for
    public inspection; and (2) thereafter included in a publicly available
    list of all contracts entered into within 24 months prior to the date on
    which the list is made available to the public and of all contracts on
    which performance has not been completed by such date. The list required
    by the preceding sentence shall be updated quarterly and shall include a
    narrative description of the work to be performed under each such
    contract.
    Sec. 408. Except as otherwise provided by law, no part of any
    appropriation contained in this Act shall be obligated or expended by
    any executive agency, as referred to in the Office of Federal
    Procurement Policy Act (41 U.S.C. 401 et seq.), for a contract for
    services unless such executive agency: (1) has awarded and entered into
    such contract in full compliance with such Act and the regulations
    promulgated thereunder; and (2) requires any report prepared pursuant to
    such contract, including plans, evaluations, studies, analyses and
    manuals, and any report prepared by the agency which is substantially
    derived from or substantially includes any report prepared pursuant to
    such contract, to contain information concerning: (A) the contract
    pursuant to which the report was prepared; and (B) the contractor who
    prepared the report pursuant to such contract.
    Sec. 409. (a) It is the sense of the Congress that, to the greatest
    extent practicable, all equipment and products purchased with funds made
    available in this Act should be American-made.
    (b) In providing financial assistance to, or entering into any
    contract with, any entity using funds made available in this Act, the
    head of each Federal agency, to the greatest extent practicable, shall
    provide to such entity a notice describing the statement made in
    subsection (a) by the Congress.
    Sec. 410. None of the funds appropriated in this Act may be used to
    implement any cap on reimbursements to grantees for indirect costs,
    except as published in Office of Management and Budget Circular A-21.
    Sec. 411. Such sums as may be necessary for fiscal year 2003 pay
    raises for programs funded by this Act shall be absorbed within the
    levels appropriated in this Act.
    Sec. 412. None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any Federal
    law relating to risk assessment, the protection of private property
    rights, or unfunded mandates.
    Sec. 413. Except in the case of entities that are funded solely with
    Federal funds or any natural persons that are funded under this Act,
    none of the funds in this Act shall be used for the planning or
    execution of any program to pay the expenses of, or otherwise
    compensate, non-Federal parties to lobby or litigate in respect to
    adjudicatory proceedings funded in this Act. A chief executive officer
    of any entity receiving funds under this Act shall certify that none of
    these funds have been used to engage in the lobbying of the Federal
    Government or in litigation against the United States unless authorized
    under existing law.
    Sec. 414. No part of any funds appropriated in this Act shall be
    used by an agency of the executive branch, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, and for the preparation, distribution

    [[Page 525]]

    117 STAT. 525

    or use of any kit, pamphlet, booklet, publication, radio, television or
    film presentation designed to support or defeat legislation pending
    before the Congress, except in presentation to the Congress itself.
    Sec. 415. All Departments and agencies funded under this Act are
    encouraged, within the limits of the existing statutory authorities and
    funding, to expand their use of ``E-Commerce'' technologies and
    procedures in the conduct of their business practices and public service
    activities.
    Sec. 416. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government that is established after the date of the enactment of
    this Act, except pursuant to a transfer made by, or transfer authority
    provided in, this Act or any other appropriation Act.
    Sec. 417. Section 404(a) of the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C. 5170c) is amended by striking
    ``15 percent'' and inserting ``7.5 percent''.
    Sec. 418. The National Aeronautics and Space Act of 1958, as amended
    (42 U.S.C. 2451, et seq.), is amended by adding at the end of title III
    a new section 315 as follows:

    ``enhanced-use lease of real property demonstration

    ``Sec. 315. [NOTE: 42 USC 2459j.] (a) In General.--Notwithstanding
    any other provision of law, the Administrator may enter into a lease
    under this section with any person or entity (including another
    department or agency of the Federal Government or an entity of a State
    or local government) with regard to any real property under the
    jurisdiction of the Administrator at no more than two (2) National
    Aeronautics and Space Administration (NASA) centers.

    ``(b) Consideration.--
    ``(1) A person or entity entering into a lease under this
    section shall provide consideration for the lease at fair market
    value as determined by the Administrator, except that in the
    case of a lease to another department or agency of the Federal
    Government, that department or agency shall provide
    consideration for the lease equal to the full costs to NASA in
    connection with the lease.
    ``(2) Consideration under this subsection may take one or a
    combination of the following forms--
    ``(A) the payment of cash;
    ``(B) the maintenance, construction, modification or
    improvement of facilities on real property under the
    jurisdiction of the Administrator;
    ``(C) the provision of services to NASA, including
    launch services and payload processing services; or
    ``(D) use by NASA of facilities on the property.
    ``(3)(A) The Administrator may utilize amounts of cash
    consideration received under this subsection for a lease entered
    into under this section to cover the full costs to NASA in
    connection with the lease. These funds shall remain available
    until expended.
    ``(B) Any amounts of cash consideration received under this
    subsection that are not utilized in accordance with subparagraph
    (A) shall be deposited in a capital asset account to be
    established by the Administrator, shall be available for
    maintenance, capital revitalization, and improvements of the

    [[Page 526]]

    117 STAT. 526

    real property assets of the centers selected for this
    demonstration program, and shall remain available until
    expended.

    ``(c) Additional Terms and Conditions.--The Administrator may
    require such terms and conditions in connection with a lease under this
    section as the Administrator considers appropriate to protect the
    interests of the United States.
    ``(d) Relationship to Other Lease Authority.--The authority under
    this section to lease property of NASA is in addition to any other
    authority to lease property of NASA under law.
    ``(e) Lease Restrictions.--NASA is not authorized to lease back
    property under this section during the term of the out-lease or enter
    into other contracts with the lessee respecting the property.
    ``(f) Plan [NOTE: Deadline.] and Reporting Requirements.--At least
    15 days prior to the Administrator entering into the first lease under
    this section, the Administrator shall submit a plan to the Congress on
    NASA's proposed implementation of [NOTE: Reports. Deadline.] this
    demonstration. The Administrator shall submit an annual report by
    January 31st of each year regarding the status of the demonstration.''.

    Sec. 419. [NOTE: 42 USC 5196c note.] Notwithstanding 42 U.S.C.
    5196c, amounts provided in Public Law 107-117 and subsequent
    appropriations Acts for the construction of emergency operations centers
    (or similar facilities) shall only require a 25 percent non-Federal cost
    share.

    Sec. 420. None of the funds provided in this Act to any department
    or agency shall be obligated or expended to procure passenger
    automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per
    gallon average of less than 22 miles per gallon.
    Sec. 421. Subsection (b) of section 33 of the Federal Fire
    Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended by adding
    at the end the following new paragraph (12):
    ``(12) Eligible grantee on behalf of alaska native
    villages.--The Alaska Village Initiatives, a non-profit
    organization incorporated in the State of Alaska, shall be
    considered an eligible grantee for purposes of receiving
    assistance under this section on behalf of Alaska Native
    villages.''.

    Sec. 422. The Secretary of the Department of Homeland Security is
    authorized to acquire fee title to up to 178.5 acres of undeveloped
    property on the North and West sides of Virginia Routes 601 and 605 in
    Clarke County and Loudoun County, Virginia, adjacent to a Federal
    Emergency Management Agency facility in Clarke County and Loudoun
    County, Virginia.
    Sec. 423. Section 1344(b) of title 31, United States Code, is
    amended by striking paragraph (6) and inserting in lieu thereof the
    following new paragraph (6):
    ``(6) the Director of the Central Intelligence Agency, the
    Director of the Federal Bureau of Investigation, the
    Administrator of the Drug Enforcement Administration, and the
    Administrator of the National Aeronautics and Space
    Administration;''.

    This division may be cited as the ``Departments of Veterans Affairs
    and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 2003''.

    DIVISION [NOTE: Homeland Security Act Amendments of 2003. 6 USC 101
    note.] L--HOMELAND SECURITY ACT OF 2002 AMENDMENTS

    Sec. 101. General.--The Homeland Security Act of 2002 (Public Law
    107-296) is amended--

    [[Page 527]]

    117 STAT. 527

    (1) in section 308, [NOTE: 6 USC 188.] by striking
    subsections (a) through (c)(1) and inserting in lieu thereof the
    following:

    ``(a) In General.--The Secretary, acting through the Under Secretary
    for Science and Technology, shall carry out the responsibilities under
    section 302(4) through both extramural and intramural programs.
    ``(b) Extramural Programs.--
    ``(1) In general.--The Secretary, acting through the Under
    Secretary for Science and Technology, shall operate extramural
    research, development, demonstration, testing, and evaluation
    programs so as to--
    ``(A) ensure that colleges, universities, private
    research institutes, and companies (and consortia
    thereof) from as many areas of the United States as
    practicable participate;
    ``(B) ensure that the research funded is of high
    quality, as determined through merit review processes
    developed under section 302(14); and
    ``(C) distribute funds through grants, cooperative
    agreements, and contracts.
    ``(2) University-based centers for homeland security.--
    ``(A) Designation.--The Secretary, acting through
    the Under Secretary for Science and Technology, shall
    designate a university-based center or several
    university-based centers for homeland security. The
    purpose of the center or these centers shall be to
    establish a coordinated, university-based system to
    enhance the Nation's homeland security.
    ``(B) Criteria for designation.--Criteria for the
    designation of colleges or universities as a center for
    homeland security, shall include, but are not limited
    to, demonstrated expertise in--
    ``(i) The training of first responders.
    ``(ii) Responding to incidents involving
    weapons of mass destruction and biological
    warfare.
    ``(iii) Emergency and diagnostic medical
    services.
    ``(iv) Chemical, biological, radiological, and
    nuclear countermeasures or detection.
    ``(v) Animal and plant health and diagnostics.
    ``(vi) Food safety.
    ``(vii) Water and wastewater operations.
    ``(viii) Port and waterway security.
    ``(ix) Multi-modal transportation.
    ``(x) Information security and information
    engineering.
    ``(xi) Engineering.
    ``(xii) Educational outreach and technical
    assistance.
    ``(xiii) Border transportation and security.
    ``(xiv) The public policy implications and
    public dissemination of homeland security related
    research and development.
    ``(C) Discretion of secretary.--To the extent that
    exercising such discretion is in the interest of
    homeland security, and with respect to the designation
    of any given university-based center for homeland
    security, the Secretary may except certain criteria as
    specified in section

    [[Page 528]]

    117 STAT. 528

    308(b)(2)(B) and consider additional criteria beyond
    those specified in section 308(b)(2)(B). [NOTE: Federal
    Register, publication.] Upon designation of a
    university-based center for homeland security, the
    Secretary shall that day publish in the Federal Register
    the criteria that were excepted or added in the
    selection process and the justification for the set of
    criteria that were used for that designation.
    ``(D) Report [NOTE: Deadlines.] to congress.--The
    Secretary shall report annually, from the date of
    enactment, to Congress concerning the implementation of
    this section. That report shall indicate which center or
    centers have been designated and how the designation or
    designations enhance homeland security, as well as
    report any decisions to revoke or modify such
    designations.
    ``(E) Authorization of appropriations.--There are
    authorized to be appropriated such sums as may be
    necessary to carry out this paragraph.

    ``(c) Intramural Programs.--
    ``(1) Consultation.--In carrying out the duties under
    section 302, the Secretary, acting through the Under Secretary
    for Science and Technology, may draw upon the expertise of any
    laboratory of the Federal Government, whether operated by a
    contractor or the Government.''; and
    (2) in [NOTE: 6 USC 395.] subsection 835(d) by striking
    all after the word ``security'' and inserting in lieu thereof a
    period.

    Sec. 102. Non-Prejudicial Repeal of Sections 1714 Through 1717 of
    the Homeland Security Act of 2002. (a) Repeal.--In accordance with
    subsection (c), sections 1714 through 1717 of the Homeland Security Act
    of 2002 (Public Law 107-296) [NOTE: 42 USC 300aa-33 note.] are
    repealed.

    (b) Application [NOTE: 42 USC 300aa-33 note.] of the Public Health
    Service Act.--The Public Health Service Act (42 U.S.C. 201 et seq.)
    shall be applied and administered as if the sections repealed by
    subsection (a) had never been enacted.

    (c) Rule of [NOTE: 42 USC 300aa-33 note.] Construction.--No
    inference shall be drawn from the enactment of sections 1714 through
    1717 of the Homeland Security Act of 2002 (Public Law 107-296), or from
    this repeal, regarding the law prior to enactment of sections 1714
    through 1717 of the Homeland Security Act of 2002 (Public Law 107-296).
    Further, no inference shall be drawn that subsection (a) or (b) affects
    any change in that prior law, or that Leroy v. Secretary of Health and
    Human Services, Office of Special Master, No. 02-392V (October 11,
    2002), was incorrectly decided.

    (d) Sense of the Congress.--It is the sense of the Congress that--
    (1) the Nation's ability to produce and develop new and
    effective vaccines faces significant challenges, and important
    steps are needed to revitalize our immunization efforts in order
    to ensure an adequate supply of vaccines and to encourage the
    development of new vaccines;
    (2) these steps include ensuring that patients who have
    suffered vaccine-related injuries have the opportunity to seek
    fair and timely redress, and that vaccine manufacturers,
    manufacturers of components or ingredients of vaccines, and
    physicians and other administrators of vaccines have adequate
    protections;

    [[Page 529]]

    117 STAT. 529

    (3) prompt action is particularly critical given that
    vaccines are a front line of defense against common childhood
    and adult diseases, as well as against current and future
    biological threats; and
    (4) not [NOTE: Deadline. Reports.] later than 6 months
    after the date of enactment of this Act, the Committee on
    Health, Education, Labor, and Pensions of the Senate and the
    Committee on Energy and Commerce of the House of Representatives
    should report a bill addressing the issues described in
    paragraphs (1) through (3).

    Sec. 103. General.--The Homeland Security Act of 2002 (Public Law
    107-296) is amended--
    (1) in subsection 232(f), by [NOTE: 6 USC 162.] striking
    the period at the end of the sentence and inserting: ``:
    Provided, That any such transfer or provision of funding shall
    be carried out in accordance with section 605 of Public Law 107-
    77.'';
    (2) in [NOTE: 6 USC 164.] subsection 234(b), by striking
    the period at the end of the sentence and inserting: ``:
    Provided, That any such transfer shall be carried out in
    accordance with section 605 of Public Law 107-77.'';
    (3) in subsection [NOTE: 6 USC 453.] 873(b)--
    (A) by inserting ``Except as authorized by section
    2601 of title 10, United States Code, and by section 93
    of title 14, United States Code,'' before the word
    ``Gifts'' in the second place it appears; and
    (B) by striking the letter ``G'' and inserting in
    lieu thereof ``g'' in the word ``Gifts'' in the second
    place it appears;
    (4) in [NOTE: 6 USC 551.] subsection 1511(e)(2), after the
    word ``development'' and before the period, by inserting: ``,
    and to any funds provided to the Coast Guard from the Aquatic
    Resources Trust Fund of the Highway Trust Fund for boating
    safety programs''; and
    (5) at the end of the Act, by adding the following new
    section:

    ``Sec. 1714. [NOTE: 6 USC 103.] Notwithstanding any other
    provision of this Act, any report, notification, or consultation
    addressing directly or indirectly the use of appropriated funds and
    stipulated by this Act to be submitted to, or held with, the Congress or
    any Congressional committee shall also be submitted to, or held with,
    the Committees on Appropriations of the Senate and the House of
    Representatives under the same conditions and with the same restrictions
    as stipulated by this Act.''.

    Sec. 104. Inspector General of the Department of Homeland Security.
    (a) In General.--Section 103(b) of the Homeland Security Act of 2002
    (Public Law 107-296) [NOTE: 6 USC 113.] is amended to read as follows:

    ``(b) Inspector General.--There shall be in the Department an Office
    of Inspector General and an Inspector General at the head of such
    office, as provided in the Inspector General Act of 1978 (5 U.S.C.
    App.).''.
    (b) Special Provisions Concerning the Inspector General.--The
    Inspector General Act of 1978 (5 U.S.C. App.) is amended--
    (1) by striking section 8J;
    (2) by redesignating section 8I as section 8J; and
    (3) by inserting after section 8H the following:

    [[Page 530]]

    117 STAT. 530

    ``special provisions concerning the department of homeland security

    ``Sec. 8I. (a)(1) Notwithstanding the last two sentences of section
    3(a), the Inspector General of the Department of Homeland Security shall
    be under the authority, direction, and control of the Secretary of
    Homeland Security with respect to audits or investigations, or the
    issuance of subpoenas, that require access to sensitive information
    concerning--
    ``(A) intelligence, counterintelligence, or counterterrorism
    matters;
    ``(B) ongoing criminal investigations or proceedings;
    ``(C) undercover operations;
    ``(D) the identity of confidential sources, including
    protected witnesses;
    ``(E) other matters the disclosure of which would, in the
    Secretary's judgment, constitute a serious threat to the
    protection of any person or property authorized protection by
    section 3056 of title 18, United States Code, section 202 of
    title 3 of such Code, or any provision of the Presidential
    Protection Assistance Act of 1976 (18 U.S.C. 3056 note); or
    ``(F) other matters the disclosure of which would constitute
    a serious threat to national security.

    ``(2) With respect to the information described in paragraph (1),
    the Secretary of Homeland Security may prohibit the Inspector General of
    the Department of Homeland Security from carrying out or completing any
    audit or investigation, or from issuing any subpoena, after such
    Inspector General has decided to initiate, carry out, or complete such
    audit or investigation or to issue such subpoena, if the Secretary
    determines that such prohibition is necessary to prevent the disclosure
    of any information described in paragraph (1), to preserve the national
    security, or to prevent a significant impairment to the interests of the
    United States.
    ``(3) [NOTE: Notification.] If the Secretary of Homeland Security
    exercises any power under paragraph (1) or (2), the Secretary shall
    notify the Inspector General of the Department of Homeland Security in
    writing within seven days stating the reasons for such exercise. Within
    30 days after receipt of any such notice, the Inspector General shall
    transmit to the President of the Senate, the Speaker of the House of
    Representatives, and appropriate committees and subcommittees of
    Congress the following:
    ``(A) A copy of such notice.
    ``(B) A written response to such notice that includes a
    statement regarding whether the Inspector General agrees or
    disagrees with such exercise, and the reasons for any
    disagreement.

    ``(b) The exercise of authority by the Secretary described in
    paragraph (2) should not be construed as limiting the right of Congress
    or any committee of Congress to access any information it seeks.
    ``(c) Subject to the conditions established in subsections (a) and
    (b) above, in carrying out the duties and responsibilities specified in
    this Act, the Inspector General of the Department of Homeland Security
    may initiate, conduct, and supervise such audits and investigations in
    the Department of Homeland Security as the Inspector General considers
    appropriate.

    [[Page 531]]

    117 STAT. 531

    ``(d) [NOTE: Deadline.] Any report required to be transmitted by
    the Secretary of Homeland Security to the appropriate committees or
    subcommittees of Congress under section 5(d) shall be transmitted,
    within the seven-day period specified under such section, to the
    President of the Senate, the Speaker of the House of Representatives,
    and appropriate committees and subcommittees of Congress.

    ``(e) Notwithstanding any other provision of law, in carrying out
    the duties and responsibilities specified in this Act, the Inspector
    General of the Department of Homeland Security shall have oversight
    responsibility for the internal investigations performed by the Office
    of Internal Affairs of the United States Customs Service, the Office of
    Inspections of the United States Secret Service, the Bureau of Border
    Security, and the Bureau of Citizenship and Immigration Services. The
    head of each such office or bureau shall promptly report to the
    Inspector General the significant activities being carried out by such
    office or bureau.''.
    (c) Conforming Amendments.--
    (1) Section 811 of the Homeland Security Act of 2002 (Public
    Law 107-296) [NOTE: 6 USC 371.] is repealed.
    (2) Section 8D of the Inspector General Act of 1978 (5
    U.S.C. App.) is amended--
    (A) in subsection (b)(1)--
    (i) in the first sentence, by striking ``, the
    Office of Internal Affairs of the United States
    Customs Service, and the Office of Inspections of
    the United States Secret Service,''; and
    (ii) in the second sentence, by striking
    ``each'';
    (B) in subsection (c), by striking ``bureaus and
    services'' and inserting ``bureau''; and
    (C) in subsection (d)--
    (i) by striking ``a bureau or service'' and
    inserting ``the bureau''; and
    (ii) by striking ``or service'' after ``such
    bureau''.

    Sec. 105. Executive Office for Immigration Review. (a) The Homeland
    Security Act of 2002 (Public Law 107-296) is amended--
    (1) in subsection 1102(2), [NOTE: 8 USC 1103.] by
    inserting new paragraphs (A) and (B) as follows:
    ``(A) by striking `Attorney General' in the title
    and inserting `Secretary of Homeland Security';
    ``(B) by striking `The Attorney General' in
    subsection (a)(1) and inserting `The Secretary of
    Homeland Security';'';
    (2) by redesignating paragraphs (A) and (B) as paragraphs
    (C) and (D), respectively; and
    (3) by adding at the end of title XI, subtitle A, the
    following new section:

    ``SEC. 1104. [NOTE: 6 USC 521 note.] EFFECTIVE DATE.

    ``The provisions of this subtitle shall take effect on the date of
    the transfer of functions from the Commissioner of Immigration and
    Naturalization to officials of the Department of Homeland Security.''.
    Sec.  106. Savings [NOTE: 6 USC 552a.] Provision of Certain
    Transfers Made Under the Homeland Security Act of 2002. The transfer of
    functions under subtitle B of title XI of the Homeland Security Act of
    2002 (Public Law 107-296) shall not affect any pending

    [[Page 532]]

    117 STAT. 532

    or completed administrative actions, including orders, determinations,
    rules, regulations, personnel actions, permits, agreements, grants,
    contracts, certificates, licenses, or registrations, in effect on the
    date immediately prior to the date of such transfer, or any proceeding,
    unless and until amended, modified, superseded, terminated, set aside,
    or revoked. Pending civil actions shall not be affected by such transfer
    of functions.

    Sec.  107. Restoration of Provision Regarding Fees to Cover the Full
    Costs of All Adjudication Services. The Homeland Security Act of 2002
    (Public Law 107-296) is amended by striking section 457, [NOTE: 8 USC
    1356.] including the amendment made by such section:
    Provided, [NOTE: 8 USC 1356 note.] That no court shall have
    jurisdiction over any cause or claim arising under the provisions of
    section 457 of the Homeland Security Act of 2002 (Public Law 107-296),
    this section, or any regulations promulgated thereunder.

    This division may be cited as the ``Homeland Security Act Amendments
    of 2003''.

    DIVISION M--OTHER MATTERS

    DEFENSE RELATED TECHNICAL CORRECTIONS

    Sec. 101. Section 8126 of Public Law 107-248 is amended to read as
    follows: ``Of the amounts appropriated in Public Law 107-206, under the
    heading `Defense Emergency Response Fund', $4,500,000 may be made
    available to settle the disputed takings of property adjacent to the
    Army Tooele Depot, Utah: Provided, That none of these funds may be used
    to acquire fee title to the properties.''.
    Sec. 102. Of the amounts appropriated in Public Law 107-248, under
    the heading ``Operation and Maintenance, Navy'', $20,000,000 shall be
    available for use only in the disposal of obsolete vessels in the
    Maritime Administration National Defense Reserve Fleet.
    Further, [NOTE: Reports. Deadline.] the Secretary of the Navy and the
    Secretary of Transportation shall report to the congressional defense
    committees no later than March 1, 2003, regarding the total number of
    obsolete vessels in the Maritime Administration National Defense Reserve
    Fleet designated for disposal, the comparative condition of the vessels,
    the method of disposal, and the projected costs for disposal of each
    vessel.

    Sec. 103. Section 124 of Public Law 107-249 is amended by adding at
    the end before the period the following new proviso: ``: Provided, That
    not more than $1,000,000 may be used to provide connectivity between the
    various North Atlantic Treaty Organization headquarters and the capitals
    of the New Independent States of the former Soviet Union''.
    Sec. 104. In Public Law 107-249, the total amount appropriated under
    the heading ``Military Construction, Air Force'' is reduced by
    $18,600,000, and the total amount appropriated under the heading
    ``Military Construction, Air Force Reserve'' is increased by
    $18,600,000.
    Sec. 105. (a) Of the funds appropriated in Public Law 107-249 for
    ``Military Construction, Air Force'', $15,000,000 for land acquisition
    at Nellis Air Force Base, Nevada, may be transferred by the Secretary of
    the Air Force to the United States Fish and Wildlife Service to fulfill
    the obligations of the Air Force under section 3011(b)(5)(F) of the
    Military Lands Withdrawal Act of 1999.

    [[Page 533]]

    117 STAT. 533

    Upon receipt by the Service of the funds transferred in this paragraph,
    the obligations of the Department of the Air Force shall be considered
    fulfilled.
    (b) The United States Fish and Wildlife Service may grant funds
    received by the Service under subsection (a) in a lump sum to the
    National Fish and Wildlife Foundation for use in accomplishing the
    purposes of section 3011(b)(5)(F) of the Military Lands Withdrawal Act
    of 1999. Funds received by the Foundation under the previous paragraph
    shall be subject to the provisions of the National Fish and Wildlife
    Foundation Establishment Act (16 U.S.C. 3701 et seq.), other than
    section 10(a) of that Act (16 U.S.C. 3709(a)).
    Sec. 106. Section 8040 of Public Law 107-248 is amended by striking
    ``$100,000'' and inserting ``$250,000'': Provided, That notwithstanding
    any other provision of law, the Office of Economic Adjustment (OEA) is
    authorized to make grants using funds made available under the heading
    ``Operation and Maintenance, Defense-Wide'' in accordance with the
    guidance provided in the Joint Explanatory Statement of the Committee of
    Conference for the Conference Report to accompany H.R. 5010 (House
    Report 107-732) and these projects shall hereafter be considered to be
    authorized by law.

    (transfer of funds)

    Sec. 107. Upon enactment of this Act, the Secretary of Defense shall
    make the following transfers of funds: Provided, That the amounts
    transferred shall be made available for the same purpose as the
    appropriations to which transferred, and for the same time period as the
    appropriation from which transferred: Provided further, That the amounts
    shall be transferred between the following appropriations in the amount
    specified:
    To:
    Under the heading, ``Procurement, Defense-Wide,
    2003/2005'', $48,900,000; and
    ``Procurement, Defense-Wide, 2002/2004'',
    $55,100,000.
    From:
    Under the heading, ``Defense Emergency Response
    Fund, 2002'', $40,000,000;
    ``Procurement of Weapons and Tracked Combat
    Vehicles, Army, 2003/2005'', $5,000,000;
    ``Procurement of Ammunition, Army, 2002/2004'',
    $10,100,000;
    ``Other Procurement, Air Force, 2003/2005'',
    $7,000,000;
    ``Research, Development, Test and Evaluation, Army,
    2002/2003'', $5,000,000; and
    ``Research, Development, Test and Evaluation,
    Defense-Wide, 2003/2004'', $36,900,000.

    Sec. 108. [NOTE: Grants. Pennsylvania.] Notwithstanding any other
    provision of law, from funds made available to the Department of Defense
    under the heading ``Operation and Maintenance, Defense-Wide'' in the
    Department of Defense Appropriations Act, 2003 (Public Law 107-248), the
    Secretary of Defense shall award a grant in the amount of $2,000,000 to
    the Commonwealth of Pennsylvania for Quecreek Mine disaster rescue and
    recovery efforts and a grant in the amount of $600,000 to the City of
    Philadelphia for safety and security lighting of the Platt Bridge.

    [[Page 534]]

    117 STAT. 534

    (including transfer of funds)

    Sec. 109. In addition to amounts appropriated in Public Law 107-248,
    there are hereby appropriated the following amounts for the following
    accounts: Provided, That funds included in this provision may be
    transferred to and merged with appropriations previously made available
    to the Department of Defense for the same time period and for the same
    purposes as required to carry out the intent of Congress as expressed in
    the Classified Annex accompanying the Statement of the Managers:
    ``Military Personnel, Army'', $771,200,000;
    ``Military Personnel, Navy'', $213,800,000;
    ``Military Personnel, Marine Corps'', $68,600,000;
    ``Military Personnel, Air Force'', $563,400,000;
    ``Operation and Maintenance, Army'', $1,340,347,000;
    ``Operation and Maintenance, Navy'', $435,813,000;
    ``Operation and Maintenance, Marine Corps'', $202,100,000;
    ``Operation and Maintenance, Air Force'', $1,766,958,000;
    ``Operation and Maintenance, Defense-Wide'', $1,377,313,000;
    ``Missile Procurement, Air Force'', $115,000,000;
    ``Other Procurement, Air Force'', $2,271,657,000;
    ``Procurement, Defense-Wide'', $33,448,000;
    ``Research, Development, Test and Evaluation, Navy'',
    $2,000,000;
    ``Research, Development, Test and Evaluation, Air Force'',
    $311,980,000;
    ``Research, Development, Test and Evaluation, Defense-
    Wide'', $416,284,000;
    ``Defense Health Program'', $95,100,000; and
    ``Intelligence Community Management Account'', $15,000,000,
    of which $5,000,000 shall be transferred to the Department of
    Justice for the National Drug Intelligence Center.

    Sec. 110. Funds appropriated by this Act or by Public Law 107-248,
    or made available by the transfer of funds in this Act or in Public Law
    107-248, for intelligence activities are deemed to be specifically
    authorized by the Congress for purposes of section 504 of the National
    Security Act of 1947 (50 U.S.C. 414).
    Sec. 111. [NOTE: 10 USC 2241 note.] (a) Limitation on Use of Funds
    for Research and Development on Total Information Awareness Program.--
    Notwithstanding any other provision of law, commencing 90 days after the
    date of the enactment of this Act, no funds appropriated or otherwise
    made available to the Department of Defense, whether to an element of
    the Defense Advanced Research Projects Agency or any other element, or
    to any other department, agency, or element of the Federal Government,
    may be obligated or expended on research and development on the Total
    Information Awareness program unless--
    (1) the report [NOTE: Deadline.] described in subsection
    (b) is submitted to Congress not later than 90 days after the
    date of the enactment of this Act; or
    (2) the [NOTE: President. Certification.] President
    certifies to Congress in writing, that--
    (A) the submittal of the report to Congress within
    90 days after the date of the enactment of this Act is
    not practicable; and

    [[Page 535]]

    117 STAT. 535

    (B) the cessation of research and development on the
    Total Information Awareness program would endanger the
    national security of the United States.

    (b) Report.--The report described in this subsection is a report, in
    writing, of the Secretary of Defense, the Attorney General, and the
    Director of Central Intelligence, acting jointly, that--
    (1) contains--
    (A) a detailed explanation of the actual and
    intended use of funds for each project and activity of
    the Total Information Awareness program, including an
    expenditure plan for the use of such funds;
    (B) the schedule for proposed research and
    development on each project and activity of the Total
    Information Awareness program; and
    (C) target dates for the deployment of each project
    and activity of the Total Information Awareness program;
    (2) assesses the likely efficacy of systems such as the
    Total Information Awareness program in providing practically
    valuable predictive assessments of the plans, intentions, or
    capabilities of terrorists or terrorist groups;
    (3) assesses the likely impact of the implementation of a
    system such as the Total Information Awareness program on
    privacy and civil liberties;
    (4) sets forth a list of the laws and regulations that
    govern the information to be collected by the Total Information
    Awareness program, and a description of any modifications of
    such laws that will be required to use the information in the
    manner proposed under such program; and
    (5) includes recommendations, endorsed by the Attorney
    General, for practices, procedures, regulations, or legislation
    on the deployment, implementation, or use of the Total
    Information Awareness program to eliminate or minimize adverse
    effects of such program on privacy and other civil liberties.

    (c) Limitation on Deployment of Total Information Awareness
    Program.--(1) Notwithstanding any other provision of law and except as
    provided in paragraph (2), if and when research and development on the
    Total Information Awareness program, or any component of such program,
    permits the deployment or implementation of such program or component,
    no department, agency, or element of the Federal Government may deploy
    or implement such program or component, or transfer such program or
    component to another department, agency, or element of the Federal
    Government, until the Secretary of Defense--
    (A) notifies Congress of that development, including a
    specific and detailed description of--
    (i) each element of such program or component
    intended to be deployed or implemented; and
    (ii) the method and scope of the intended deployment
    or implementation of such program or component
    (including the data or information to be accessed or
    used); and
    (B) has received specific authorization by law from Congress
    for the deployment or implementation of such program or
    component, including--
    (i) a specific authorization by law for the
    deployment or implementation of such program or
    component; and

    [[Page 536]]

    117 STAT. 536

    (ii) a specific appropriation by law of funds for
    the deployment or implementation of such program or
    component.

    (2) The limitation in paragraph (1) shall not apply with respect to
    the deployment or implementation of the Total Information Awareness
    program, or a component of such program, in support of the following:
    (A) Lawful military operations of the United States
    conducted outside the United States.
    (B) Lawful foreign intelligence activities conducted wholly
    against non-United States persons.

    (d) Sense of Congress.--It is the sense of Congress that--
    (1) the Total Information Awareness program should not be
    used to develop technologies for use in conducting intelligence
    activities or law enforcement activities against United States
    persons without appropriate consultation with Congress or
    without clear adherence to principles to protect civil liberties
    and privacy; and
    (2) the primary purpose of the Defense Advanced Research
    Projects Agency is to support the lawful activities of the
    Department of Defense and the national security programs
    conducted pursuant to the laws assembled for codification
    purposes in title 50, United States Code.

    (e) Definitions.--In this section:
    (1) Total information awareness program.--The term ``Total
    Information Awareness program''--
    (A) means the computer hardware and software
    components of the program known as Total Information
    Awareness, any related information awareness program, or
    any successor program under the Defense Advanced
    Research Projects Agency or another element of the
    Department of Defense; and
    (B) includes a program referred to in subparagraph
    (1), or a component of such program, that has been
    transferred from the Defense Advanced Research Projects
    Agency or another element of the Department of Defense
    to any other department, agency, or element of the
    Federal Government.
    (2) Non-united states person.--The term ``non-United States
    person'' means any person other than a United States person.
    (3) United states person.--The term ``United States person''
    has the meaning given that term in section 101(i) of the Foreign
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)).

    (including transfer of funds)

    Sec. 112. Section 8005 of the Department of Defense Appropriations
    Act, 2003 (Public Law 107-248) [NOTE: 116 Stat. 1537.] is amended by
    inserting before the period at the end the following: ``: Provided
    further, That, in addition to the transfer authority provided in this
    section, and subject to the terms and conditions of this section except
    the limitation in the fourth proviso, the Secretary of Defense may, only
    to meet unforeseen fuel costs borne by the Defense Working Capital Fund
    resulting from fuel cost increases and the global war on terrorism,
    transfer up to an additional $500,000,000 of funds made available in
    this Act to the Department of Defense

    [[Page 537]]

    117 STAT. 537

    for military functions (except military construction), from such
    appropriations or funds or any subdivision thereof, to be merged with
    and to be available for the same purposes, and for the same time period,
    as the appropriation or fund within the Defense Working Capital Fund to
    which transferred: Provided further, That notwithstanding any other
    provision of law, none of the funds provided in this or any other
    appropriations Act for the Department of Defense may be used for the
    drawdown authority in section 202 of the Afghanistan Freedom Support Act
    of 2002 (Public Law 107-327) prior to notifying the House and Senate
    Committees on Appropriations of the source of funds to be used for such
    purpose''.

    DIVISION [NOTE: Miscellaneous Appropriations Act, 2003.] N--EMERGENCY
    RELIEF AND OFFSETS

    Section 1. Short Title.--This division may be cited as the
    ``Miscellaneous Appropriations Act, 2003''.
    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2003, and for other purposes, namely:

    TITLE I-ELECTION REFORM

    Election Assistance Commission

    salaries and expenses

    For necessary expenses to carry out the Help America Vote Act of
    2002, $2,000,000.

    Election Assistance Commission

    election reform programs

    For necessary expenses to carry out programs as authorized by the
    Help America Vote Act of 2002, $833,000,000, of which $830,000,000 shall
    be for requirements payments under section 257 of that Act, of which
    $1,500,000 shall be available for a Help America Vote College Program,
    and of which $1,500,000 shall be available for the establishment of a
    Help America Vote foundation: Provided, That no more than one-tenth of 1
    percent of funds available for requirements payments under section 257
    of the Help America Vote Act of 2002 shall be allocated to any
    territory.

    General Services Administration

    election reform payments

    For necessary expenses to carry out programs of payments to states
    as authorized by title I of the Help America Vote Act of 2002,
    $650,000,000, of which not to exceed $500,000 shall be available to the
    General Services Administration for necessary administrative expenses.

    Department of Health and Human Services

    disabled voter services

    For necessary expenses to carry out programs as authorized by the
    Help America Vote Act of 2002, $15,000,000, of which

    [[Page 538]]

    117 STAT. 538

    $13,000,000 shall be for payments to States to promote disabled voter
    access, and of which $2,000,000 shall be for payments to States for
    disabled voters protection and advocacy systems.

    TITLE [NOTE: Agricultural Assistance Act of 2003.] II--AGRICULTURAL
    ASSISTANCE

    SEC. 201. SHORT TITLE. [NOTE: 16 USC 3801 note.]

    This title may be cited as the ``Agricultural Assistance Act of
    2003''.

    SEC. 202. CROP DISASTER ASSISTANCE.

    (a) Assistance Available.--The Secretary of Agriculture (in this
    title referred to as the ``Secretary'') shall use such sums as are
    necessary of funds of the Commodity Credit Corporation to make emergency
    financial assistance available to producers on a farm that have incurred
    qualifying losses for the 2001 or 2002 crop of an agricultural commodity
    (other than sugar or tobacco) due to damaging weather or related
    condition, as determined by the Secretary.
    (b) Administration.--
    (1) Use of former administrative authority.--Except as
    provided in paragraph (2), the Secretary shall make assistance
    available under this section in the same manner as provided
    under section 815 of the Agriculture, Rural Development, Food
    and Drug Administration, and Related Agencies Appropriations
    Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including
    using the same loss thresholds for quantity and quality losses
    as were used in administering that section.
    (2) Payment rate.--The payment rate for a crop for
    assistance provided under this section to the producers on a
    farm shall be calculated as follows:
    (A) If the producers obtained a policy or plan of
    insurance, including a catastrophic risk protection
    plan, for the crop under the Federal Crop Insurance Act
    (7 U.S.C. 1501 et seq.), 50 percent of the applicable
    price for the crop.
    (B) If a policy or plan of insurance, including a
    catastrophic risk protection plan, for the crop was not
    available to the producers under the Federal Crop
    Insurance Act, 50 percent of the applicable price for
    the crop.
    (C) Subject to subsections (e) and (f), if the
    producers did not obtain a policy or plan of insurance,
    including a catastrophic risk protection plan, available
    for the crop under the Federal Crop Insurance Act, 45
    percent of the applicable price for the crop.

    (c) Election of Crop Year.--If a producer incurred qualifying crop
    losses in both the 2001 and 2002 crop years, the producer shall elect to
    receive assistance under this section for losses incurred in either the
    2001 crop year or the 2002 crop year, but not both.
    (d) Payment Limitation.--
    (1) Limitation.--Assistance provided under this section to a
    producer for losses to a crop, together with the amounts
    specified in paragraph (2) applicable to the same crop, may not
    exceed 95 percent of what the value of the crop would have been
    in the absence of the losses, as estimated by the Secretary.

    [[Page 539]]

    117 STAT. 539

    (2) Other payments.--In applying the limitation in paragraph
    (1), the Secretary shall include the following:
    (A) Any crop insurance payment made under the
    Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or
    payment under section 196 of the Federal Agricultural
    Improvement and Reform Act of 1996 (7 U.S.C. 7333) that
    the producer receives for losses to the same crop.
    (B) The value of the crop that was not lost (if
    any), as estimated by the Secretary.

    (e) Ineligibility for Assistance.--Except as provided in subsection
    (f), the producers on a farm shall not be eligible for assistance under
    this section with respect to losses to an insurable commodity or
    noninsurable commodity if the producers on the farm--
    (1) in the case of an insurable commodity, did not obtain a
    policy or plan of insurance for the insurable commodity under
    the Federal Crop Insurance Act for the crop incurring the
    losses; and
    (2) in the case of a noninsurable commodity, did not file
    the required paperwork, and pay the administrative fee by the
    applicable State filing deadline, for the noninsurable commodity
    under section 196 of the Federal Agriculture Improvement and
    Reform Act of 1996 for the crop incurring the losses.

    (f) Contract Waiver.--The Secretary may waive subsection (e) with
    respect to the producers on a farm if the producers enter into a
    contract with the Secretary under which the producers agree--
    (1) in the case of an insurable commodity, to obtain a
    policy or plan of insurance under the Federal Crop Insurance Act
    providing additional coverage for the insurable commodity for
    each of the next two crops; and
    (2) in the case of a noninsurable commodity, to file the
    required paperwork, and pay the administrative fee by the
    applicable State filing deadline, for the noninsurable commodity
    for each of the next two crops under section 196 of the Federal
    Agriculture Improvement and Reform Act of 1996.

    (g) Effect of Violation.--In the event of the violation of a
    contract under subsection (f) by a producer, the producer shall
    reimburse the Secretary for the full amount of the assistance provided
    to the producer under this section.
    (h) Definitions.--In this section:
    (1) Additional coverage.--The term ``additional coverage''
    has the meaning given the term in section 502(b)(1) of the
    Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
    (2) Insurable commodity.--The term ``insurable commodity''
    means an agricultural commodity (excluding livestock) for which
    the producers on a farm are eligible to obtain a policy or plan
    of insurance under the Federal Crop Insurance Act.
    (3) Noninsurable commodity.--The term ``noninsurable
    commodity'' means an eligible crop for which the producers on a
    farm are eligible to obtain assistance under section 196 of the
    Federal Agriculture Improvement and Reform Act of 1996.

    SEC. 203. LIVESTOCK ASSISTANCE.

    (a) Livestock Compensation Program.--

    [[Page 540]]

    117 STAT. 540

    (1) Use of commodity credit corporation funds.--Effective
    beginning on the date of enactment of this Act, the Secretary
    shall use funds of the Commodity Credit Corporation to carry out
    the 2002 Livestock Compensation Program announced by the
    Secretary on October 10, 2002 (67 Fed. Reg. 63070).
    (2) Eligible applicants.--Subject to subsection (c), in
    carrying out the Program, the Secretary shall--
    (A) provide assistance to any applicant that--
    (i) conducts a livestock operation that is
    physically located in a disaster county; and
    (ii) meets all other eligibility requirements
    established by the Secretary for the Program; and
    (B) provide assistance to any applicant that--
    (i) produces an animal described in section
    10806(a)(1) of the Farm Security and Rural
    Investment Act of 2002 (21 U.S.C. 321d(a)(1)); and
    (ii) meets all other eligibility requirements
    established by the Secretary for the Program.

    (b) Livestock Assistance Program.--
    (1) Assistance available.--Subject to paragraph (2) and
    subsection (c), the Secretary shall use $250,000,000 of funds of
    the Commodity Credit Corporation to establish a program under
    which payments are made to livestock producers for losses in a
    disaster county. To carry out the program, the Secretary shall
    use the criteria established to carry out the 1999 Livestock
    Assistance Program, except that, in lieu of the gross revenue
    criteria used for the 1999 Livestock Assistance Program, the
    Secretary shall use the adjusted gross income limitation
    contained in section 1001D of the Food Security Act of 1985 (7
    U.S.C. 1308-3a).
    (2) Choice of payments.--If the livestock operation of the
    producers is located in a county that was declared to be a
    disaster county for both calendar year 2001 and calendar year
    2002, the producers shall elect to receive payments under this
    subsection for losses in either calendar year 2001 or calendar
    year 2002, but not both. If the livestock operation is located
    in a county that was declared to be a disaster county in just
    one of those calendar years, the producers may still elect to
    receive payments under this subsection for losses in either
    calendar year, but not both.

    (c) Relationship of Livestock Assistance Programs.--
    (1) Reduction in payments.--The amount of assistance that
    the producers would otherwise receive for a loss under a
    livestock assistance program described in paragraph (2) shall be
    reduced by the amount of the assistance that the producers
    receive under any other livestock assistance program described
    in such paragraph.
    (2) Covered livestock assistance programs.--Paragraph (1)
    applies to the following livestock assistance programs:
    (A) The 2002 Cattle Feed Program announced by the
    Secretary on September 3, 2002 (67 Fed. Reg. 56260).
    (B) The 2002 Livestock Compensation Program, as
    announced by the Secretary on October 10, 2002 (67 Fed.
    Reg. 63070), and modified in accordance with subsection
    (a).

    [[Page 541]]

    117 STAT. 541

    (C) The livestock assistance program established
    under subsection (b).
    (D) Any other livestock assistance program, as
    determined by the Secretary.

    (d) Definitions.--In this section:
    (1) Disaster county.--The term ``disaster county'' means a
    county included in the geographic area covered by a qualifying
    natural disaster declaration for calendar year 2001 or calendar
    year 2002 for which the request for such declaration was
    submitted during the period beginning on January 1, 2001, and
    ending on the date of enactment of this Act. However, the term
    does not include a contiguous county.
    (2) Qualifying natural disaster declaration.--The term
    ``qualifying natural disaster declaration'' means--
    (A) a natural disaster declared by the Secretary
    under section 321(a) of the Consolidated Farm and Rural
    Development Act (7 U.S.C. 1961(a)); or
    (B) a major disaster or emergency designated by the
    President under the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

    SEC. 204. EMERGENCY SURPLUS REMOVAL.

    The Secretary shall transfer $250,000,000 of funds of the Commodity
    Credit Corporation to the fund established by section 32 of the Act of
    August 24, 1935 (7 U.S.C. 612c), to carry out emergency surplus removal
    of agricultural commodities.

    SEC. 205. TOBACCO PAYMENTS.

    (a) Definitions.--In this section:
    (1) Eligible person.--The term ``eligible person'' means a
    person that--
    (A) owns a farm for which, irrespective of temporary
    transfers or undermarketings, a basic quota or allotment
    for eligible tobacco is established for the 2002 crop
    year under part I of subtitle B of title III of the
    Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et
    seq.);
    (B) controls the farm from which, under the quota or
    allotment for the relevant period, eligible tobacco is
    marketed, could have been marketed, or can be marketed,
    taking into account temporary transfers; or
    (C) grows, could have grown, or can grow eligible
    tobacco that is marketed, could have been marketed, or
    can be marketed under the quota or allotment for the
    2002 crop year, taking into account temporary transfers.
    (2) Eligible tobacco.--The term ``eligible tobacco'' means
    each of the following kinds of tobacco:
    (A) Flue-cured tobacco, comprising types 11, 12, 13,
    and 14.
    (B) Fire-cured tobacco, comprising types 21, 22, and
    23.
    (C) Dark air-cured tobacco, comprising types 35 and
    36.
    (D) Virginia sun-cured tobacco, comprising type 37.
    (E) Burley tobacco, comprising type 31.
    (F) Cigar-filler and cigar-binder tobacco,
    comprising types 42, 43, 44, 54, and 55.

    [[Page 542]]

    117 STAT. 542

    (b) Payments.--Not [NOTE: Deadline.] later than June 1, 2003, the
    Secretary shall use funds of the Commodity Credit Corporation to make
    payments under this section.

    (c) Poundage Payment Quantities.--
    (1) In general.--
    (A) Flue-cured and cigar tobacco.--In the case of
    Flue-cured tobacco (types 11, 12, 13, and 14) and cigar-
    filler and cigar-binder tobacco (types 42, 43, 44, 54,
    and 55), the poundage payment quantity under this
    section shall equal the number of pounds of the basic
    poundage quota of the kind of tobacco, irrespective of
    temporary transfers or undermarketings, under part I of
    subtitle B of title III of the Agricultural Adjustment
    Act of 1938 (7 U.S.C. 1311 et seq.) for the 2002 crop
    year.
    (B) Other kinds of eligible tobacco.--In the case of
    each other kind of eligible tobacco, the poundage
    payment quantity under this section shall equal--
    (i) in the case of eligible persons that are
    owners described in subsection (a)(1)(A), the
    number of pounds of the basic poundage quota of
    the kind of tobacco, irrespective of temporary
    transfers or undermarketings, as determined under
    paragraph (2); and
    (ii) in the case of eligible persons that are
    controllers described in subsection (a)(1)(B) or
    growers described in subsection (a)(1)(C), the
    number of pounds of effective poundage quota of
    the kind of tobacco, including temporary transfers
    or undermarketings, as determined under paragraph
    (2).
    (2) Conversion of individual allotments to poundage payment
    quantities.--In the case of each kind of eligible tobacco other
    than Flue-cured tobacco (types 11, 12, 13, and 14) and Burley
    tobacco (type 31), individual allotments shall be converted to
    poundage payment quantities by multiplying--
    (A) the number of acres that may, irrespective of
    temporary transfers or undermarketings, be devoted,
    without penalty, to the production of the kind of
    tobacco under the allotment under part I of subtitle B
    of title III of the Agricultural Adjustment Act of 1938
    (7 U.S.C. 1311 et seq.) for the 2002 crop year; by
    (B)(i) in the case of fire-cured tobacco (type 21),
    1,746 pounds per acre;
    (ii) in the case of fire-cured tobacco (types 22 and
    23), 2,676 pounds per acre;
    (iii) in the case of dark air-cured tobacco (types
    35 and 36), 2,475 pounds per acre;
    (iv) in the case of Virginia sun-cured tobacco (type
    37), 1,502 pounds per acre; and
    (v) in the case of cigar-filler and cigar-binder
    tobacco (types 42, 43, 44, 54, and 55), 2,230 pounds per
    acre.

    (d) Available Payment Amounts.--The available payment amount for
    each kind of eligible tobacco under subsection (b) shall not exceed the
    amount obtained by multiplying--
    (1) 5.55 cents per pound; and
    (2) the national basic poundage quota for the applicable
    kind for the 2002 marketing year, as determined under subsection
    (c)(2).

    (e) Division of Payments Among Eligible Persons.--

    [[Page 543]]

    117 STAT. 543

    (1) In general.--Payments available with respect to a pound
    of payment quantity, as determined under subsection (d), shall
    be made available to eligible persons in accordance with this
    paragraph, as determined by the Secretary.
    (2) Flue-cured and cigar tobacco.--In the case of payments
    made available in a State under subsection (b) for Flue-cured
    tobacco (types 11, 12, 13, and 14) and cigar-filler and cigar-
    binder tobacco (types 42, 43, 44, 54, and 55), the Secretary
    shall distribute (as determined by the Secretary)--
    (A) 50 percent of the payments to eligible persons
    that are owners described in subsection (a)(1)(A); and
    (B) 50 percent of the payments to eligible persons
    that are growers described in subsection (a)(1)(C).
    (3) Other kinds of eligible tobacco.--In the case of
    payments made available in a State under subsection (b) for each
    other kind of eligible tobacco not covered by paragraph (2), the
    Secretary shall distribute (as determined by the Secretary)--
    (A) 33\1/3\ percent of the payments to eligible
    persons that are owners described in subsection
    (a)(1)(A);
    (B) 33\1/3\ percent of the payments to eligible
    persons that are controllers described in subsection
    (a)(1)(B); and
    (C) 33\1/3\ percent of the payments to eligible
    persons that are growers described in subsection
    (a)(1)(C).

    (f) Special Rule for Georgia.--The Secretary may make payments under
    this section to eligible persons in Georgia only if the State of Georgia
    agrees to use $13,000,000 to make payments at the same time, or
    subsequently, to the same persons in the same manner as provided for the
    Federal payments under this section, as required by section 204(b)(6) of
    the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public
    Law 106-224).
    (g) Judicial Review.--A determination by the Secretary under this
    section shall not be subject to judicial review.

    SEC. 206. COTTONSEED.

    The Secretary shall use $50,000,000 of funds of the Commodity Credit
    Corporation to provide assistance to producers and first-handlers of the
    2002 crop of cottonseed.

    SEC. 207. HURRICANE ASSISTANCE.

    (a) In General.--In a State in a which a qualifying natural disaster
    declaration has been made during a calendar year, the Secretary shall
    make available to first processors that are eligible to obtain a loan
    under section 156(a) of the Federal Agriculture Improvement and Reform
    Act of 1996 (7 U.S.C. 7272(a)) assistance in the form of payments, or
    commodities in the inventory of the Commodity Credit Corporation from
    carrying out that section, to partially compensate producers and first
    processors for crop and other losses that are related to the qualifying
    natural disaster declaration.
    (b) Administration.--Assistance under this section shall be--
    (1) shared by an affected first processor with affected
    producers that provide commodities to the processor in a manner
    that reflects contracts entered into between the processor and
    the producers; and
    (2) made available under such terms and conditions as the
    Secretary determines are necessary to carry out this section.

    (c) Quantity.--To carry out this section, the Secretary shall--

    [[Page 544]]

    117 STAT. 544

    (1) use 150,000 tons of commodities in the inventory of the
    Commodity Credit Corporation under section 156(a) of the Federal
    Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
    7272(a));
    (2) make payments in an aggregate amount equal to the market
    value of 150,000 tons of commodities described in paragraph (1);
    or
    (3) take any combination of actions described in paragraphs
    (1) and (2) using commodities or payments with a total market
    value of 150,000 tons of commodities described in paragraph (1).

    (d) Limitations.--The Secretary shall provide assistance under this
    section only in a State described in section 359f(c)(1)(A) of the
    Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(c)(1)(A)) in which
    a qualifying natural disaster declaration was made during calendar year
    2002.
    (e) Qualifying Natural Disaster Declaration.--In this section, the
    term ``qualifying natural disaster declaration'' means--
    (1) a natural disaster declared by the Secretary under
    section 321(a) of the Consolidated Farm and Rural Development
    Act (7 U.S.C. 1961(a)); or
    (2) a major disaster or emergency designated by the
    President under the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5121 et seq.).

    SEC. 208. WEATHER-RELATED LOSSES.

    The Secretary shall use not more than $60,000,000 of funds of the
    Commodity Credit Corporation to provide assistance to sugar beet
    producers that suffered production losses (including quality losses), as
    determined by the Secretary, for either the 2001 crop year or the 2002
    crop year, but not both, as elected by the producers.

    SEC. 209. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED ALONG RIO GRANDE
    FOR WATER LOSSES.

    (a) [NOTE: Grants. Texas.] In General.--The Secretary shall use
    $10,000,000 of funds of the Commodity Credit Corporation to make a grant
    to the State of Texas, acting through the Texas Department of
    Agriculture, to provide assistance to agricultural producers in the
    State of Texas with farming operations along the Rio Grande that have
    suffered economic losses during the 2002 crop year due to the failure of
    Mexico to deliver water to the United States in accordance with the
    Treaty Relating to the Utilization of Waters of the Colorado and Tijuana
    Rivers and of the Rio Grande, and Supplementary Protocol signed November
    14, 1944, signed at Washington, February 3, 1944 (59 Stat. 1219; TS
    994).

    (b) Amount.--The amount of assistance provided to individual
    agricultural producers under this section shall be proportional to the
    amount of economic losses described in subsection (a) that were incurred
    by the producers.

    SEC. 210. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED IN NEW MEXICO FOR
    TEBUTHIURON APPLICATION LOSSES.

    (a) In General.--The Secretary shall use not more than $1,650,000 of
    funds of the Commodity Credit Corporation to reimburse agricultural
    producers on farms located in the vicinity of Malaga, New Mexico, for
    losses incurred during calendar years 2002 and 2003 as the result of the
    application by the Federal Government of tebuthiuron on land on or near
    the farms of the

    [[Page 545]]

    117 STAT. 545

    producers during August 2002. The funds made available under this
    subsection shall remain available until expended.
    (b) Amount.--The amount of assistance provided to individual
    agricultural producers under this section shall be proportional to the
    amount of losses described in subsection (a) that were incurred by the
    producers.

    SEC. 211. ASSISTANCE TO CITRUS AND LIME GROWERS FOR LOST PRODUCTION FROM
    TREES REMOVED TO CONTROL CITRUS CANKER.

    (a) In General.--Subject to subsection (b), the Secretary shall use
    not more than $18,200,000 of the funds of the Commodity Credit
    Corporation, to remain available until expended, to compensate
    commercial citrus and lime growers in the State of Florida for lost
    production with respect to trees removed to control citrus canker, and
    with respect to certified citrus nursery stocks within the citrus canker
    quarantine areas, as determined by the Secretary.
    (b) Removal of Trees.--For a grower to receive assistance for a tree
    under this section, the tree must have been removed after September 30,
    2001.

    SEC. 212. ADMINISTRATION.

    Section 1232(a)(7)(A)(iii) of the Food Security Act of 1985 (16
    U.S.C. 3832(a)(7)(A)(iii)) is amended by inserting before the semicolon
    the following: ``, except that this clause shall not apply to the 2002
    calendar year, and the Secretary shall repay the owner or operator (in a
    manner determined by the Secretary) for any reduction in rental payments
    made to the owner or operator as the result of the application of this
    clause to the 2002 calendar year''.

    SEC. 213. TECHNICAL ASSISTANCE.

    Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
    amended--
    (1) by striking subsection (b) and inserting the following
    new subsection (b):

    ``(b) Technical Assistance.--
    ``(1) Date of enactment through september 30, 2003.--During
    the period beginning on the date of enactment of the
    Agricultural Assistance Act of 2003 and ending on September 30,
    2003, Commodity Credit Corporation funds made available under
    paragraphs (4) through (7) of subsection (a) shall be available
    for the provision of technical assistance (subject to section
    1242) for the conservation programs specified in subsection (a).
    ``(2) Subsequent [NOTE: Effective date.] fiscal years.--
    Effective beginning on October 1, 2003, Commodity Credit
    Corporation funds made available under paragraphs (3) through
    (7) of subsection (a) shall be available for the provision of
    technical assistance (subject to section 1242) for the
    conservation programs specified in subsection (a).''; and
    (2) by redesignating subsection (c) as subsection (d) and
    inserting after subsection (b) the following new subsection (c):

    ``(c) Relationship to Other Law.--The use of Commodity Credit
    Corporation funds under subsection (b) to provide technical assistance
    shall not be considered an allotment or fund transfer from the Commodity
    Credit Corporation for purposes of the limit

    [[Page 546]]

    117 STAT. 546

    on expenditures for technical assistance imposed by section 11 of the
    Commodity Credit Corporation Charter Act (15 U.S.C. 714i).''.

    SEC. 214. PRODUCER-OWNED COOPERATIVE MARKETING ASSOCIATION LOAN
    FORFEITURE AUTHORITY.

    (a) In General.--Section 844 of the Agriculture, Rural Development,
    Food and Drug Administration, and Related Agencies Appropriations Act,
    2001 (as enacted into law by Public Law 106-387 (114 Stat. 1549, 1549A-
    160), and amended by section 101(9) of the Miscellaneous Appropriations
    Act, 2001 (114 Stat. 2763, 2763A-172)), is amended--
    (1) in the section heading, by striking ``burley, flue-
    cured, and cigar binder type 54-55''; and
    (2) in subsection (a)--
    (A) in paragraph (1)--
    (i) by inserting ``, or the 1999, 2000, and
    2001 crops of type 21 Fire-cured tobacco or type
    37 Virginia sun-cured tobacco'' after ``tobacco''
    the first place it appears; and
    (ii) by striking ``Burley, Flue-cured, or
    Cigar Binder Type 54-55'' the second place it
    appears;
    (B) in paragraph (2)(B), by striking ``Burley, Flue-
    cured, Cigar Binder Type 54-55, or any other kind of
    tobacco'' and inserting ``any kind of tobacco''; and
    (C) in paragraph (3)(A), by striking ``the Burley,
    Flue-cured, or Cigar Binder Type 54-55 tobacco'' and
    inserting ``any tobacco''.

    (b) Application.--The amendments made by subsection (a) apply during
    fiscal year 2003.

    SEC. 215. BOVINE TUBERCULOSIS ERADICATION.

    In addition to funds made available under section 106 of the
    Miscellaneous Appropriations Act, 2001 (114 Stat. 2763, 2763A-173), the
    Secretary shall use not more than $15,000,000 of the funds of the
    Commodity Credit Corporation to make payments to agricultural producers
    for incidental costs incurred by the producers as a result of payments
    received under that section.

    SEC. 216. FUNDING.

    (a) In General.--The Secretary shall use the funds, facilities, and
    authorities of the Commodity Credit Corporation to carry out this title,
    to remain available until expended.
    (b) Administration.--The Secretary, acting through the Farm Service
    Agency, may use not more than $70,000,000 of funds of the Commodity
    Credit Corporation to cover administrative costs associated with the
    implementation of this title and title I of the Farm Security and Rural
    Investment Act of 2002 (7 U.S.C. 7901 et seq.), to remain available
    until expended.
    (c) Limitation.--Section 1241(a)(3) of the Food Security Act of 1985
    (16 U.S.C. 3841(a)(3)) is amended by inserting before the period at the
    end the following: ``, using not more than $3,773,000,000 for the period
    of fiscal years 2003 through 2013''.

    SEC. 217. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as
    are necessary to implement this title.
    (b) Procedure.--The promulgation of the regulations and
    administration of this title shall be made without regard to--

    [[Page 547]]

    117 STAT. 547

    (1) the notice and comment provisions of section 553 of
    title 5, United States Code;
    (2) the Statement of Policy of the Secretary of Agriculture
    effective July 24, 1971 (36 Fed. Reg. 13804), relating to
    notices of proposed rulemaking and public participation in
    rulemaking; and
    (3) chapter 35 of title 44, United States Code (commonly
    known as the ``Paperwork Reduction Act'').

    (c) Congressional Review of Agency Rulemaking.--In carrying out this
    section, the Secretary shall use the authority provided under section
    808 of title 5, United States Code.
    Sec. 218. Notwithstanding Rule 3 of the Budget Scorekeeping
    Guidelines set forth in the joint explanatory statement of the committee
    of conference accompanying Conference Report No. 105-217, the provisions
    of this title that would have been estimated by the Office of Management
    and Budget as changing direct spending or receipts under section 252 of
    the Balanced Budget and Emergency Deficit Control Act of 1985 were they
    included in an Act other than an appropriations Act shall be treated as
    direct spending or receipts legislation, as apprcrpriate, under section
    252 of the Balanced Budget and Emergency Deficit Control Act of 1985,
    and by the Chairmen of the House and Senate Budget Committees, as
    appropriate, under the Congressional Budget Act of 1974.

    TITLE III--WILDLAND FIRE EMERGENCY

    DEPARTMENT OF THE INTERIOR

    Bureau of Land Management

    wildland fire management

    For an additional amount to repay prior year advances from other
    appropriations transferred for wildfire suppression and emergency
    rehabilitation by the Department of the Interior, $189,000,000, to
    remain available until expended.

    RELATED AGENCY

    DEPARTMENT OF AGRICULTURE

    Forest Service

    wildland fire management

    For an additional amount to repay advances from other appropriations
    from which funds were transferred for wildfire suppression and emergency
    rehabilitation activities, $636,000,000, to remain available until
    expended. Of the funds provided, $70,000,000 shall be transferred to the
    Knutson Vandenburg fund, $30,000,000 shall be transferred to the Salvage
    Sale fund, $143,000,000 shall be transferred to the Land Acquisition
    account, $132,000,000 shall be transferred to the Capital Improvement
    and Maintenance account, $30,000,000 shall be transferred to the Timber
    Purchaser Election account, $77,000,000 shall be transferred to the
    State and Private Forestry account, $23,000,000 shall be transferred to
    the Forest and Rangeland Research account, $62,000,000 shall be

    [[Page 548]]

    117 STAT. 548

    transferred to the National Forest System account, $20,000,000 shall be
    transferred to the Brush Disposal Account, $30,000,000 shall be
    transferred to the Working Capital Fund of the Forest Service,
    $4,000,000 shall be transferred to the Receipts for Road and Trail fund,
    $1,000,000 shall be transferred to the Operations and Maintenance of
    Quarters fund, and $14,000,000 shall be transferred to the Forest
    Service Recreation Fee Demonstration fund.

    TITLE IV--TANF AND MEDICARE

    Sec. 401. Section 114 of Public Law 107-229, as amended by section 3
    of Public Law 107-240 and by section 2 of Public Law 107-294,
    is [NOTE: 116 Stat. 1492.] amended--
    (1) by striking ``the date specified in section 107(c) of
    this joint resolution'' and inserting ``June 30, 2003''; and
    (2) by striking ``: Provided further, That notwithstanding''
    and all that follows through the period and inserting a period.

    Sec. 402. (a) Section 1848(i)(1)(C) of the Social Security Act (42
    U.S.C. 1395w-4(i)(1)(C) is amended to read as follows:
    ``(C) the determination of conversion factors under
    subsection (d), including without limitation a
    prospective redetermination of the sustainable growth
    rates for any or all previous fiscal years,''.

    (b)(1) Notwithstanding the determination of the applicable
    standardized amounts under paragraph (3)(A) of section 1886(d) of the
    Social Security Act (42 U.S.C. 1395ww(d)), for purposes of making
    payments under such section for discharges occurring during the period
    beginning on April 1, 2003, and ending on September 30, 2003, the
    standardized amount applicable under such paragraph for hospitals
    located other than in a large urban area for that period shall be
    increased to an amount equal to the standardized amount otherwise
    applicable under such paragraph for hospitals located in a large urban
    area for that period.
    (2) The increase in the standardized amount for hospitals located
    other than in a large urban area provided for under paragraph (1) for
    the period beginning on April 1, 2003, and ending on September 30, 2003,
    shall not apply to discharges occurring after such period, and shall not
    be taken into account in calculating the payment amounts applicable for
    discharges occurring after such period.
    Sec. 403. Section 136 of Public Law 107-229, as added by section 5
    of Public Law 107-240, [NOTE: 116 Stat. 1495.] is amended by striking
    ``60 days after the date specified in section 107(c) of Public Law 107-
    229, as amended'' and inserting ``September 30, 2003''.

    Sec. 404. Notwithstanding Rule 3 of the Budget Scorekeeping
    Guidelines set forth in the joint explanatory statement of the committee
    of conference accompanying Conference Report 105-217, the provisions of
    this title that would have been estimated by the Office of Management
    and Budget as changing direct spending or receipts under section 252 of
    the Balanced Budget and Emergency Deficit Control Act of 1985 were they
    included in an Act other than an appropriations Act shall be treated as
    direct spending or receipts legislation, as appropriate, under section
    252 of the Balanced Budget and Emergency Deficit Control Act of 1985,
    and by the Chairmen of the House and Senate Budget Committees, as
    appropriate, under the Congressional Budget Act of 1974.

    [[Page 549]]

    117 STAT. 549

    TITLE V--FISHERIES DISASTERS

    Sec. 501. (a) Fisheries Disasters.--In addition to amounts
    appropriated or otherwise made available, $100,000,000 is appropriated
    to the Department of Commerce for fisheries disaster assistance. Not
    more than 5 percent of such funds may be used for administrative
    expenses, and no funds may be used for lobbying activities or
    representational expenses.

    (b) [NOTE: Hawaii. Alaska. Deadline.]  Western Pacific and North
    Pacific.--$5,000,000 shall be made available as a direct lump sum
    payment to the State of Hawaii for economic assistance to fisheries
    affected by Federal closures or fishing restrictions and $35,000,000
    shall be made available as a direct lump sum payment to the State of
    Alaska no later than 30 days after the date of enactment of this Act to
    make payments to persons or entities which have experienced significant
    economic hardship. Funds in Alaska shall be used to provide: (i)
    personal assistance with priority given to food, energy needs, housing
    assistance, transportation fuel including subsistence activities, and
    other urgent needs; (ii) assistance for small businesses including
    fishermen, fish processors, and related businesses serving the fishing
    industry; (iii) and assistance for local and borough governments
    adversely affected by reductions in fish landing fees and other fishing-
    related revenue; and (iv) product development and marketing.

    (c) Northeast and West Coast.--$10,000,000 shall be made available
    to conduct a voluntary fishing capacity reduction program in the
    Northeast multispecies fishery and $10,000,000 shall be made available
    to conduct a voluntary fishing capacity reduction program in the West
    Coast groundfish fishery. Such sums shall supplement the voluntary
    capacity reduction program authorized for the fishery in section 211 of
    Public Law 107-206 and be consistent with section 312(b) of the
    Magnuson-Stevens Fishery Conservation and Management Act and the
    requirements relating to the capacity program in section 211 of Public
    Law 107-206 that shall--
    (1) permanently revoke all fishery licenses, fishery
    permits, area and species endorsements, and any other fishery
    privileges issued to a vessel or vessels (or to persons on the
    basis of their operation or ownership of that vessel or vessels)
    removed under the program; and
    (2) ensure that vessels removed under the program are made
    permanently ineligible to participate in any fishery worldwide,
    and that the owners of such vessels will operate only under the
    United States flag or be scrapped as a reduction vessel pursuant
    to section 600.1011(c) of title 50, Code of Federal Regulations.

    (d) [NOTE: State listing.]  Gulf and South Atlantic.--
    (1) $17,500,000 shall be made available for assistance to
    the shrimp industries in the States of South Carolina, Georgia,
    North Carolina, and Florida in proportion to the percentage of
    the shrimp catch landed by each State for economic assistance to
    the South Atlantic shrimp fishery: Provided, That the State of
    Florida shall receive only that proportion associated with
    landings of the Florida east coast fishery; and
    (2) $17,500,000 shall be made available for assistance to
    the shrimp industries in the States of Mississippi, Texas,
    Alabama, Louisiana, and Florida in proportion to the percentage

    [[Page 550]]

    117 STAT. 550

    of the shrimp catch landed by each State for economic assistance
    to the Gulf shrimp fishery: Provided, That the State of Florida
    shall receive only that proportion associated with landings of
    the Florida gulf coast fishery. Provided further, That 2 percent
    of funds received by each State shall be retained by the State
    for distribution of additional payments to fishermen with a
    demonstrated record of compliance with turtle excluder and
    bycatch reduction device regulations, and that the remainder of
    the funds may be used only for: (A) personal assistance with
    priority given to food, energy needs, housing assistance,
    transportation fuel, and other urgent needs; (B) assistance for
    small businesses including fishermen, fish processors, and
    related businesses serving the fishing industry; (C) domestic
    product marketing and seafood promotion; (D) State seafood
    testing programs; (E) development of limited entry programs for
    the fishery; (F) funding or other incentives to ensure
    widespread and proper use of turtle excluder devices and bycatch
    reduction devices in the fishery; and (G) voluntary capacity
    reduction programs for shrimp fisheries under limited access.

    (e) Blue Crab Fishery.--$5,000,000 shall be made available for
    assistance to blue crab fisheries affected by reduced harvests and sales
    of blue crab in proportion to the amount of the catch landed by each
    State: Provided, That such funds may be used only for: (i) personal
    assistance with priority given to food, energy needs, housing
    assistance, transportation fuel, and other urgent needs; (ii) assistance
    for small businesses including fishermen, fish processors, and related
    businesses serving the fishing industry; (iii) domestic product
    marketing and seafood promotion; and (iv) state seafood testing
    programs: Provided further, That the Secretary of Commerce, in
    consultation with the Commandant of the Coast Guard, shall provide
    coordinated, enhanced and routine support for fisheries monitoring and
    enforcement through use of remote sensing, aircraft and communications
    assets, with particular emphasis on Federal waters seaward of the coasts
    of South Carolina and Georgia, including the Charleston Bump closed
    area.

    TITLE VI--OFFSETS

    Sec. 601. (a) Across-the-Board Rescissions.--There is hereby
    rescinded an amount equal to 0.65 percent of--
    (1) the budget authority provided (or obligation limitation
    imposed) for fiscal year 2003 for any discretionary account in
    divisions A through K of this joint resolution;
    (2) the budget authority provided in any advance
    appropriation for fiscal year 2003 for any discretionary account
    in any prior fiscal year appropriations Act; and
    (3) the contract authority provided in fiscal year 2003 for
    any program subject to limitation contained in this joint
    resolution.

    (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
    (1) to each discretionary account and each item of budget
    authority described in subsection (a); and
    (2) within each such account and item, to each program,
    project, and activity (with programs, projects, and activities
    as delineated in the appropriation Act or accompanying reports

    [[Page 551]]

    117 STAT. 551

    for the relevant fiscal year covering such account or item, or
    for accounts and items not included in appropriation Acts, as
    delineated in the most recently submitted President's budget).

    (c) The rescission in subsection (a) shall not apply to budget
    authority appropriated or otherwise made available by this joint
    resolution in the following amounts in the following activities or
    accounts:
    $4,696,000,000 provided for the Special Supplemental
    Nutrition Program for Women, Infants, and Children (WIC) in the
    Department of Agriculture in division A;
    $6,667,533,000 provided for the Head Start Act in the
    Department of Education in division G;
    $23,889,304,000 provided for medical care in the Department
    of Veterans Affairs in division K; and
    $3,836,000,000 provided for the Shuttle program in the
    National Aeronautics and Space Administration in division K.

    TITLE VII--BONNEVILLE POWER ADMINISTRATION BORROWING AUTHORITY

    Sec. 701. For the purposes of providing funds to assist in financing
    the construction, acquisition, and replacement of the transmission
    system of the Bonneville Power Administration and to implement the
    authority of the Administrator under the Pacific Northwest Electric
    Power Planning and Conservation Act (16 U.S.C. 839 et seq.), an
    additional $700,000,000 in borrowing authority is made available under
    the Federal Columbia River Transmission System Act (16 U.S.C. 838 et
    seq.), to remain outstanding at any time: Provided, That the Bonneville
    Power Administration shall not use more than $531,000,000 of its
    permanent borrowing authority in fiscal year 2003.
    Sec. 702. Notwithstanding Rule 3 of the Budget Scorekeeping
    Guidelines set forth in the joint explanatory statement of the committee
    of conference accompanying Conference Report No. 105-217, the provisions
    of this title that would have been estimated by the Office of Management
    and Budget as changing direct spending or receipts under section 252 of
    the Balanced Budget and Emergency Deficit Control Act of 1985 were they
    included in an Act other than an appropriations Act shall be treated as
    direct spending or receipts legislation, as appropriate, under section
    252 of the Balanced Budget and Emergency Deficit Control Act of 1985,
    and by the Chairmen of the House and Senate Budget Committees, as
    appropriate, under the Congressional Budget Act of 1974.

    DIVISION O--PRICE-ANDERSON ACT AMENDMENTS

    SEC. 101. INDEMNIFICATION OF NUCLEAR REGULATORY COMMISSION LICENSEES.

    Section 170 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c))
    is amended by striking ``August 1, 2002'' each place it appears and
    inserting ``December 31, 2003''.

    [[Page 552]]

    117 STAT. 552

    DIVISION [NOTE: United States-China Economic and Security Review
    Commission.] P--UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW
    COMMISSION

    Section [NOTE: 22 USC 6901 note.] 1. Short Title.--This division
    may be cited as the ``United States-China Economic and Security Review
    Commission''.

    Sec. 2. (a) Appropriations.--There are appropriated, out of any
    funds in the Treasury not otherwise appropriated, $1,800,000, to remain
    available until expended, to the United States-China Economic and
    Security Review Commission.
    (b) Name Change.--
    (1) In general.--Section 1238 of the Floyd D. Spence
    National Defense Authorization Act of 2001 (22 U.S.C. 7002) is
    amended--
    (A) in the section heading by inserting ``economic
    and'' before ``security'';
    (B) in subsection (a)--
    (i) in paragraph (1), by inserting ``Economic
    and'' before ``Security''; and
    (ii) in paragraph (2), by inserting ``Economic
    and'' before ``Security'';
    (C) in subsection (b)--
    (i) in the subsection heading, by inserting
    ``Economic and'' before ``Security'';
    (ii) in paragraph (1), by inserting ``Economic
    and'' before ``Security'';
    (iii) in paragraph (3)--
    (I) in the matter preceding
    subparagraph (A), by inserting
    ``Economic and'' before ''Security'';
    and
    (II) in subparagraph (H), by
    inserting ``Economic and'' before
    ``Security''; and
    (iv) in paragraph (4), by inserting ``Economic
    and'' before ``Security'' each place it appears;
    and
    (D) in subsection (e)--
    (i) in paragraph (1), by inserting ``Economic
    and'' before ``Security'';
    (ii) in paragraph (2), by inserting ``Economic
    and'' before ``Security'';
    (iii) in paragraph (3)--
    (I) in the first sentence, by
    inserting ``Economic and'' before
    ``Security''; and
    (II) in the second sentence, by
    inserting ``Economic and'' before
    ``Security'';
    (iv) in paragraph (4), by inserting ``Economic
    and'' before ``Security''; and
    (v) in paragraph (6), by inserting ``Economic
    and'' before ``Security'' each place it appears.
    (2) [NOTE: 22 USC 7002 note.]  References.--Any reference
    in any Federal law, Executive order, rule, regulation, or
    delegation of authority, or any document of or relating to the
    United States-China Security Review Commission shall be deemed
    to refer to the United States-China Economic and Security Review
    Commission.

    (c) Membership, Responsibilities, and Terms.--
    (1) In general.--Section 1238(b)(3) of the Floyd D. Spence
    National Defense Authorization Act of 2001 (22 U.S.C. 7002) is
    amended by striking subparagraph (F) and inserting the
    following:

    [[Page 553]]

    117 STAT. 553

    ``(F) each appointing authority referred to under
    subparagraphs (A) through (D) of this paragraph shall--
    ``(i) appoint 3 members to the Commission;
    ``(ii) make the appointments on a staggered
    term basis, such that--
    ``(I) 1 appointment shall be for a
    term expiring on December 31, 2003;
    ``(II) 1 appointment shall be for a
    term expiring on December 31, 2004; and
    ``(III) 1 appointment shall be for a
    term expiring on December 31, 2005;
    ``(iii) make all subsequent appointments on an
    approximate 2-year term basis to expire on
    December 31 of the applicable year; and
    ``(iv) make appointments not later than 30
    days after the date on which each new Congress
    convenes;''.
    (2) [NOTE: 22 USC 7002 note.]  Responsibilities of the
    Commission.--The United States-China Commission shall focus, in
    lieu of any other areas of work or study, on the following:
    (A) Proliferation practices.--The Commission shall
    analyze and assess the Chinese role in the proliferation
    of weapons of mass destruction and other weapons
    (including dual use technologies) to terrorist-
    sponsoring states, and suggest possible steps which the
    United States might take, including economic sanctions,
    to encourage the Chinese to stop such practices.
    (B) Economic reforms and united states economic
    transfers.--The Commission shall analyze and assess the
    qualitative and quantitative nature of the shift of
    United States production activities to China, including
    the relocation of high-technology, manufacturing, and
    R&D facilities; the impact of these transfers on United
    States national security, including political influence
    by the Chinese Government over American firms,
    dependence of the United States national security
    industrial base on Chinese imports, the adequacy of
    United States export control laws, and the effect of
    these transfers on United States economic security,
    employment, and the standard of living of the American
    people; analyze China's national budget and assess
    China's fiscal strength to address internal instability
    problems and assess the likelihood of externalization of
    such problems.
    (C) Energy.--The Commission shall evaluate and
    assess how China's large and growing economy will impact
    upon world energy supplies and the role the United
    States can play, including joint R&D efforts and
    technological assistance, in influencing China's energy
    policy.
    (D) United states capital markets.--The Commission
    shall evaluate the extent of Chinese access to, and use
    of United States capital markets, and whether the
    existing disclosure and transparency rules are adequate
    to identify Chinese companies which are active in United
    States markets and are also engaged in proliferation
    activities or other activities harmful to United States
    security interests.
    (E) Corporate reporting.--The Commission shall
    assess United States trade and investment relationship

    [[Page 554]]

    117 STAT. 554

    with China, including the need for corporate reporting
    on United States investments in China and incentives
    that China may be offering to United States corporations
    to relocate production and R&D to China.
    (F) Regional economic and security impacts.--The
    Commission shall assess the extent of China's
    ``hollowing-out'' of Asian manufacturing economies, and
    the impact on United States economic and security
    interests in the region; review the triangular economic
    and security relationship among the United States,
    Taipei and Beijing, including Beijing's military
    modernization and force deployments aimed at Taipei, and
    the adequacy of United States executive branch
    coordination and consultation with Congress on United
    States arms sales and defense relationship with Taipei.
    (G) United states-china bilateral programs.--The
    Commission shall assess science and technology programs
    to evaluate if the United States is developing an
    adequate coordinating mechanism with appropriate review
    by the intelligence community with Congress; assess the
    degree of non-compliance by China and United States-
    China agreements on prison labor imports and
    intellectual property rights; evaluate United States
    enforcement policies; and recommend what new measures
    the United States Government might take to strengthen
    our laws and enforcement activities and to encourage
    compliance by the Chinese.
    (H) World trade organization compliance.--The
    Commission shall review China's record of compliance to
    date with its accession agreement to the WTO, and
    explore what incentives and policy initiatives should be
    pursued to promote further compliance by China.
    (I) Media control.--The Commission shall evaluate
    Chinese  government efforts to influence and control
    perceptions of the United States and its policies
    through the internet, the Chinese print and electronic
    media, and Chinese internal propaganda.
    (3) [NOTE: 22 USC 7002 note.]  Effective date.--This
    section shall take effect on the date of enactment of this Act.

    Approved February 20, 2003.

    LEGISLATIVE HISTORY--H.J. Res. 2:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 108-10 (Comm. of Conference).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Jan. 8, considered and passed House.
    Jan. 15-17, 21-23, considered and passed Senate, amended.
    Feb. 13, House and Senate agreed to conference report.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
    Feb. 20, Presidential statements.