[House Report 108-10]
[From the U.S. Government Printing Office]
108th Congress
1st Session HOUSE OF REPRESENTATIVES Report
108-10
_______________________________________________________________________
MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 2003, AND
FOR OTHER PURPOSES
__________
CONFERENCE REPORT
to accompany
H.J. Res. 2
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 13 (legislative day, February 12), 2003.--Ordered to be
printed
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-10
======================================================================
MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 2003, AND
FOR OTHER PURPOSES
_______
February 13 (legislative day, February 12), 2003.--Ordered to be
printed
_______
Mr. Young of Florida, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.J. Res. 2]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the joint
resolution (H.J. Res. 2), ``making further continuing
appropriations for the fiscal year 2003, and for other
purposes'', having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
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
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. 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.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2003
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 2003, and for
other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $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
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, 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,
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.
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 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, That appropriations hereunder
shall be available for the operation and maintenance of aircraft and
the purchase of not to exceed one for replacement only: Provided
further, That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of buildings
and improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $375,000, except for
headhouses or greenhouses which shall each be limited to $1,200,000,
and except for 10 buildings to be constructed or improved at a cost not
to exceed $750,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained in this
Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting easements at
the Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
Provided further, That funds may be received from any State, other
political subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research project of
the Agricultural Research Service, as authorized by law.
None of the funds appropriated under this heading shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products.
In 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 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 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 PublicLaw 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
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 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
availableuntil expended, without further appropriation, for
providing such assistance, goods, or services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7
U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C.
428a, $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, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of
Commerce as authorized by the Fish and Wildlife Act of August
8, 1956; (2) transfers otherwise provided in this Act; and (3)
not more than $14,910,000 for formulation and administration of
marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,347,000.
Grain Inspection, Packers and Stockyards Administration
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of
the Packers and Stockyards Act, for certifying procedures used
to protect purchasers of farm products, and the standardization
activities related to grain under the Agricultural Marketing
Act of 1946, $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, 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.
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
which $279,176,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership and operating
direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by
section 226A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6933), $70,708,000: Provided, That not to
exceed $700 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation
or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (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.
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 7U.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 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.
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 $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 predevelopmentplanning
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.
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 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 preservationmade 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''.
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 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.
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, 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 shall
be available for the Food and Nutrition Service to conduct a
study of WIC vendor practices: Provided further, That no other
funds made available under this heading shall be used for
studies and evaluations: Provided further, That none of the
funds in this Act shall be available to pay administrative
expenses of WIC clinics except those that have an announced
policy of prohibiting smoking within the space used to carry
out the program: Provided further, That none of the funds
provided in this account shall be available for the purchase of
infant formula except in accordance with the cost containment
and competitive bidding requirements specified in section 17 of
such Act: Provided further, That none of the funds provided
shall be available for activities that are not fully reimbursed
by other Federal Government departments or agencies unless
authorized by section 17 of such Act.
FOOD STAMP PROGRAM
For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $26,313,692,000, 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, 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.
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.
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 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 VeterinaryMedicine 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 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. 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).
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 spaceon behalf of
other agencies of the Department of Agriculture when such space will be
jointly occupied.
Sec. 710. None of the funds in this Act shall be available
to pay indirect costs charged against competitive agricultural
research, education, or extension grant awards issued by the
Cooperative State Research, Education, and Extension Service
that exceed 19 percent of total Federal funds provided under
each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3310), funds provided by this Act for
grants awarded competitively by the Cooperative State Research,
Education, and Extension Service shall be available to pay full
allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).
Sec. 711. Notwithstanding any other provision of this Act,
all loan levels provided in this Act shall be considered
estimates, not limitations.
Sec. 712. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
fiscal year 2003 shall remain available until expended to cover
obligations made in fiscal year 2003 for the following
accounts: the Rural Development Loan Fund program account, the
Rural Telephone Bank program account, the Rural Electrification
and Telecommunications Loans program account, the Rural Housing
Insurance Fund program, and the Rural Economic Development
Loans program account.
Sec. 713. Notwithstanding chapter 63 of title 31, United
States Code, marketing services of the Agricultural Marketing
Service; the Grain Inspection, Packers and Stockyards
Administration; the Animal and Plant Health Inspection Service;
and the food safety activities of the Food Safety and
Inspection Service 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, That notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available in this
Act may be used to transfer to the Treasury or to the Federal
Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of
current requirements and such balance shall receive interest as
set forth for financial accounts in section 505(c) of the
Federal Credit Reform Act of 1990.
Sec. 715. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels,
commissions, and task forces of the Department of Agriculture,
except for panels used to comply with negotiated rule makings
and panels used to evaluate competitively awarded grants.
Sec. 716. None of the funds appropriated by this Act may be
used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products
Inspection Act (21 U.S.C. 471).
Sec. 717. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act to any other agency or office of the Department for more
than 30 days unless the individual's employing agency or office
is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of
assignment.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to
transmit or otherwise make available to any non-Department of
Agriculture employee questions or responses to questions that
are a result of information requested for the appropriations
hearing process.
Sec. 719. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology Investment
Review Board: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of
the Chief Information Officer without the prior approval of the
Committees on Appropriations of both Houses of Congress.
Sec. 720. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2003, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal
year 2003, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or projects
through a reprogramming of funds in excess of $500,000 or 10
percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent
funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(c) The Secretary of Agriculture, 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. 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 changethe Detroit District Office to a
station, residence post or similarly modified office; or to reassign
residence posts assigned to the Detroit District Office: Provided, That
this section shall not apply to Food and Drug Administration field
laboratory facilities or operations currently located in Detroit,
Michigan, except that field laboratory personnel shall be assigned to
locations in the general vicinity of Detroit, Michigan, pursuant to
cooperative agreements between the Food and Drug Administration and
other laboratory facilities associated with the State of Michigan.
Sec. 723. None of the funds appropriated by this Act or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as part
of the President's Budget submission to the Congress of the
United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior
to the submission of the Budget unless such Budget submission
identifies which additional spending reductions should occur in
the event the user fees proposals are not enacted prior to the
date of the convening of a committee of conference for the
fiscal year 2004 appropriations Act.
Sec. 724. None of the funds made available by this Act or
any other Act may be used to close or relocate a state Rural
Development office unless or until cost effectiveness and
enhancement of program delivery have been determined.
Sec. 725. Of any shipments of commodities made pursuant to
section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), the Secretary of Agriculture shall, to the extent
practicable, direct that tonnage equal in value to not more
than $25,000,000 shall be made available to foreign countries
to assist in mitigating the effects of the Human
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome
on communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency
Virus or Acquired Immune Deficiency Syndrome in
the communities; and
(B) households in the communities,
particularly individuals caring for orphaned
children; and
(2) agricultural commodities monetized to provide
other assistance (including assistance under
microcredit and microenterprise programs) to create or
restore sustainable livelihoods among individuals in
the communities, particularly individuals caring for
orphaned children.
Sec. 726. In addition to amounts otherwise appropriated or
made available by this Act, $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. 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. 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. 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 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. 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. 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 useup 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. 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
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.--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, 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.''.
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. 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 thisproject shall not come at the
expense of an allocation to any other State.
Sec. 753. The Secretary of Agriculture is authorized to
permit employees of the United States Department of Agriculture
to carry and use firearms for personal protection while
conducting field work in remote locations in the performance of
their official duties.
Sec. 754. Of the funds made available for the Export
Enhancement Program, pursuant to section 301(e) of the
Agricultural Trade Act of 1978, as amended by Public Law 104-
127, not more than $28,000,000 shall be available in fiscal
year 2003.
Sec. 755. Notwithstanding 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 U.S. 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 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;
``(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) 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. 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) During the period beginning on the date of enactment of
this Act and ending on the last day of the 2002 marketing year
for the kind of tobacco involved, the Secretary of Agriculture
may waive the application of section 1464.2(b)(2) of title 7,
Code of Federal Regulations.
(c) Regulations.--
(1) The Secretary of Agriculture may promulgate
such regulations as are necessary to implement this
section and the amendments made by this section.
(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. (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) 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. 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--
(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 B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS, 2003
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2003, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
For expenses necessary for the administration of the
Department of Justice, $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
$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, 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.
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, 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: 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.
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 beaccounted 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.
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 fourth proviso under the heading
``Salaries and Expenses, United States Attorneys'' in title I
of H.R. 3421 of the 106th Congress, as enacted by section
1000(a)(1) of Public Law 106-113 shall apply to amounts made
available under this heading for fiscal year 2003: Provided
further, That of the total amount appropriated, $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 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 procurementand
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 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 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:
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 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 amanner 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, 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 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, 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.
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 andmerged 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:
(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;
(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
ofwomen 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 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, 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.).
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 U.S. 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.
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 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
fundsappropriated 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. 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. 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, 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) 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. 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), strike ``on October 1,
2002'' and insert in lieu thereof the following: ``on
the effective date provided in section 12102(b)'';
(2) in section 12223(a), strike ``on the date of
the enactment of this Act'' and insert in lieu thereof
the following: ``on the effective date provided in
section 12102(b)'';
(3) in section 12223(b), by replacing ``Act'' with
``subtitle'', and all the matter after ``beginning''
with ``on or after the effective date provided in
subsection (a).''.
Sec. 111. The law enforcement training facility described
in section 8150 of Public Law 107-248 is hereby established as
a permanent training facility.
Sec. 112. 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 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 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, 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,
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, 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.
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.
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,
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, 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.
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, Thatthe 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.
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 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 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 five percent
or less than one 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 shallnot
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, That the Secretary of Commerce will designate a
National Marine Fisheries Service Regional Office for the Pacific Area
within sixty days of enactment of this Act: Provided further, That the
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.
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, 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.
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 InspectorGeneral Act of
1978, as amended (5 U.S.C. App. 1-11, as amended by Public Law 100-
504), $20,635,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized 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, 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. 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 necessary
to maintain a reasonable operating reserve, as determined by
the Secretary: Provided further, That such fund shall provide
services on a competitive basis: Provided further, That an
amount not to exceed 4 percent of the total annual income to
such fund may be retained in the fund for fiscal year 2003 and
each fiscal year thereafter, to remain available until
expended, to be used for the acquisition of capital equipment,
and for the improvement and implementation of department
financial management, ADP, and other support systems: Provided
further, That such amounts retained in the fund for fiscal year
2003 and each fiscal year thereafter shall be available for
obligation and expenditure only in accordance with section 605
of this Act: Provided further, That no later than 30 days after
the end of each fiscal year, amounts in excess of this reserve
limitation shall be deposited as miscellaneous receipts in the
Treasury: Provided further, That such franchise fund pilot
program shall terminate pursuant to section 403(f) of Public
Law 103-356.
Sec. 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. 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. Such amount shall
be made available as a direct lump sum payment to the Alaska
Fisheries Marketing Board (hereinafter ``Board'') which is
hereby established to award grants to market, develop, and
promote Alaska seafood and improve related technology and
transportation with emphasis on wild salmon, of which 20
percent shall be transferred to the Alaska Seafood Marketing
Institute. The Board shall be appointed by the Secretary of
Commerce and shall be administered by an Executive Director to
be appointed by the Secretary. The Board shall submitan annual
report to the Secretary detailing the expenditures of the board.
Sec. 210. (a) The Secretary of Commerce is authorized to
award grants and make direct lump sum payments in support of an
international advertising and promotional campaign developed in
consultation with the private sector to encourage individuals
to travel to the United States consisting of radio, television,
and print advertising and marketing programs.
(b) The United States Travel and Tourism Promotion Advisory
Board (hereinafter ``Board'') is established to recommend the
appropriate coordinated activities to the Secretary for
funding.
(c) The Secretary shall appoint the Board within 30 days of
enactment and shall include tourism-related entities he deems
appropriate.
(d) The Secretary shall consult with the Board and state
and regional tourism officials on the disbursement of funds.
(e) There is authorized to be appropriated $50,000,000, to
remain available until expended, and $50,000,000 is
appropriated to implement this section.
Sec. 211. From funds made available from the ``Operations
and Training'' account, not more than $50,000 shall be made
available to the Maritime Administration for administrative
expenses to oversee the implementation of this section for the
purpose of recovering economic and national security benefits
to the United States following the default under the
construction contract described in section 8109 of the
Department of Defense Appropriations Act for Fiscal Year 1998
(Public Law 105-56): Provided, That the owner of any ship
documented under the authority of this section shall offset
such appropriation through the payment of fees to the Maritime
Administration not to exceed the appropriation and that such
fees be deposited as an offsetting collection to this
appropriation: Provided further, That notwithstanding any other
provision of law, one or both ships originally contracted under
section 8109 of Public Law 105-56 may be constructed to
completion in a shipyard located outside of the United States
and the owner thereof (or a related person with respect to that
owner) may document one or both ships under U.S. flag with a
coastwise endorsement, and notwithstanding any other provision
of law, and not later than two years after entry into service
of the first ship contracted for under section 8109 of Public
Law 105-56, that owner (or a related person with respect to
that owner) may re-document under U.S. flag with a coastwise
endorsement one additional foreign-built cruise ship: Provided
further, That: (1) the owner of any cruise ship documented
under the authority of this section is a citizen of the United
States within the meaning of 46 U.S.C. 12102(a), (2) the
foreign-built cruise ship re-documented under the authority of
this section meets the eligibility requirements for a
certificate of inspection under section 1137(a) of Public Law
104-324 and applicable international agreements and guidelines
referred to in section 1137(a)(2) thereof and the 1992
Amendments to the Safety of Life at Sea Convention of 1974, and
that with respect to the re-documented foreign-built cruise
ship, any repair, maintenance, alteration, or other preparation
necessary to meet such requirements be performed in a United
States shipyard, (3) any non-warranty repair, maintenance, or
alteration work performed on any ship documented under the
authority of this section shall be performed in a United States
shipyard unless the Administrator of the Maritime
Administration finds that such services are not available in
the United States or if an emergency dictates that the ship
proceed to a foreign port for such work, (4) any ship
documented under the authority of this section shall operate in
regular service 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 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. (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 issuedWashington, Oregon, or
California Dungeness crab and Pink shrimp permits, shall be eligible to
vote in the referendum to approve an industry fee system; referendum
votes cast in each fishery shall be weighted in proportion to the debt
obligation of each fishery, as calculated in subsection (f) of this
section; the industry fee system shall be approved if the referendum
votes cast in favor of the proposed system constitute a simple majority
of the participants voting; except that notwithstanding 5 U.S.C. 553
and 16 U.S.C. 1861a(e), the Secretary shall not prepare or publish
proposed or final regulations for the implementation of the program
under this section before the referendum is conducted.
(d) Nothing in this section shall be construed to prohibit
the Pacific Fishery Management Council from recommending, or
the Secretary from approving, changes to any fishery management
plan, in accordance with applicable law; or the Secretary from
promulgating regulations (including regulations governing this
program), after an industry fee system has been approved by the
reduction fishery.
(e) The Secretary shall determine, and state in the public
notice published under paragraph (a), all program
implementation aspects the Secretary deems relevant.
(f) Any bid submitted in response to the invitation to bid
issued by the Secretary under this section shall be
irrevocable; the Secretary shall use a bid acceptance procedure
that ranks each bid in accordance with this paragraph and with
additional criteria, if any, established by the Secretary: for
each bid from a qualified bidder that meets the bidding
requirements in the public notice or the invitation to bid, the
Secretary shall determine a bid score by dividing the bid's
dollar amount by the average annual total ex-vessel dollar
value of landings of Pacific groundfish, Dungeness crab, and
Pink shrimp based on the 3 highest total annual revenues earned
from such stocks that the bidder's reduction vessel landed
during 1998, 1999, 2000, or 2001. For purposes of this
paragraph, the term ``total annual revenue'' means the revenue
earned in a single year from such stocks. The Secretary shall
accept each qualified bid in rank order of bid score from the
lowest to the highest until acceptance of the next qualified
bid with the next lowest bid score would cause the reduction
cost to exceed the reduction loan's maximum amount. Acceptance
of a bid by the Secretary shall create a binding reduction
contract between the United States and the person whose bid is
accepted, the performance of which shall be subject only to the
conclusion of a successful referendum, except that a person
whose bid is accepted by the Secretary under this section shall
relinquish all permits in the reduction fishery and any
Dungeness crab and Pink shrimp permits issued by Washington,
Oregon, or California; except that the Secretary shall revoke
the Pacific groundfish permit, as well as all Federal fishery
licenses, fishery permits, area, and species endorsements, and
any other fishery privileges issued to a vessel or vessels (or
to persons on the basis of their operation or ownership of that
vessel or vessels) removed under the program.
(g) The Secretary shall establish separate reduction loan
sub-amounts and repayment fees for fish sellers in the
reduction fishery and for fish sellers in each of the fee-share
fisheries by dividing the total ex-vessel dollar value during
the bid scoring period of all reduction vessel landings from
the reduction fishery and from each of the fee-share fisheries
by the total such value of all such landings for all such
fisheries; and multiplying the reduction loan amount by each of
the quotients resulting from each of the divisions above. Each
of the resulting products shall be the reduction loan sub-
amount for the reduction fishery and for each of the fee-share
fisheries to which each of such products pertains; except that,
each fish seller in the reduction fishery and in each of the
fee-share fisheries shall pay the fees required by the
reduction loan sub-amounts allocated to it under this
paragraph; except that, the Secretary may enter into agreements
with Washington, Oregon, and California to collect any fees
established under this paragraph.
(h) Notwithstanding 46 U.S.C. App. 1279(b)(4), the
reduction loan's term shall not be less than 30 years.
(i) It is the sense of the Congress that the States of
Washington, Oregon, and California should revoke all
relinquishment permits in each of the fee-share fisheries
immediately after reduction payment, and otherwise to implement
appropriate State fisheries management and conservation
provisions in each of the fee-share fisheries that establishes
a program that meets the requirements of 16 U.S.C.
141861a(b)(1)(B) as if it were applicable to fee-share
fisheries.
(j) The term ``fee-share fishery'' means a fishery, other
than the reduction fishery, whose members are eligible to vote
in a referendum for an industry fee system under paragraph (c).
The term ``reduction fishery'' means that portion of a fishery
holding limited entry fishing permits endorsed for the
operation of trawl gear and issued under the Federal Pacific
Coast Groundfish Fishery Management Plan.
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. (a) Hereafter, habitat conservation activities,
enforcement and surveillance--cooperative enforcement and
vessel monitoring, stock assessments--data collection, and
highly migratory shark fishery research underthe 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 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; 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 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 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''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and classification
laws, of persons on a temporary basis (not to exceed $700,000
of this appropriation), as authorized by section 801 of the
United States Information and Educational Exchange Act of 1948,
as amended; representation to certain international
organizations in which the United States participates pursuant
to treaties ratified pursuant to the advice and consent of the
Senate or specific Acts of Congress; arms control,
nonproliferation and disarmament activities as authorized;
acquisition by exchange or purchase of passenger motor vehicles
as authorized by law; and for expenses of general
administration, $3,269,258,000: 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, 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, 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 U.S. participation in the
United Nations headquarters renovation project: Provided
further, That no funds may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China unless, at least
15 days in advance, the Committees on Appropriations of the
House of Representatives and the Senate are notified of such
proposed action.
In addition, not to exceed $1,343,000 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in accordance
with section 4 of the International Center Act, as amended; in
addition, as authorized by section 5 of such Act, $490,000, to
be derived from the reserve authorized by that section, to be
used for the purposes set out in that section; in addition, as
authorized by section 810 of the United States Information and
Educational Exchange Act, not to exceed $6,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from English teaching,
library, motion pictures, and publication programs and from
fees from educational advising and counseling and exchange
visitor programs; and, in addition, not to exceed $15,000,
which shall be derived from reimbursements, surcharges, and
fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$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.
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 expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $866,000,000: Provided, That any payment of
arrearages under this title shall be directed toward special
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph
shall be available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings: Provided further, That funds
appropriated under this paragraph may be obligated and expended
to pay the full United States assessment to the civil budget of
the North Atlantic Treaty Organization.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$673,710,000, of which 15 percent shall remain available until
September 30, 2004: Provided, That none of the funds made
available under this Act shall be obligated or expended for any
new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable): (1) the
Committees on Appropriations of the House of Representatives
and the Senate and other appropriate committees of the Congress
are notified of the estimated cost and length of the mission,
the vital national interest that will be served, and the
planned exit strategy; and (2) a reprogramming of funds
pursuant to section 605 of this Act is submitted, and the
procedures therein followed, setting forth the source of funds
that will be used to pay for the cost of the new or expanded
mission: Provided further, That funds shall be available for
peacekeeping expenses only upon a certification by the
Secretary of State to the appropriate committees of the
Congress that American manufacturers and suppliers are being
given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers:
Provided further, That none of the funds made available under
this heading are available to pay the United States share of
the cost of court monitoring that is part of any United Nations
peacekeeping mission.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$25,482,000.
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 EnvironmentCooperation Commission as authorized by
Public Law 103-182, $9,472,000, of which not to exceed $9,000 shall be
available for representation expenses incurred by the International
Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$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.
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: 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. (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. (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 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.
(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.
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.
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.
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, 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 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 SmallBusiness 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 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. 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, 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. (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 to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 608. 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) 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 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. 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 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. 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. 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 ofstudents
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, 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. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a prisoner.
Sec. 621. (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. 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, That, six months after the date of
enactment of this Act and every six 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 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 fora 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 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 and artisans, and their products, through market
development, advertisement, commercial sale, and other promotional
means: Provided further, 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.
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 C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2003
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the District of
Columbia and related agencies for the fiscal year ending
September 30, 2003, and for other purposes, namely:
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 as
may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the
Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer who
shall use those funds solely for the purposes of carrying out
the Resident Tuition Support Program: Provided further, That
the Resident Tuition Support Program Office and the Office of
the Chief Financial Officer shall provide a quarterly financial
report to the Committees on Appropriations of the 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 seven percent of the total amount
appropriated for this program may be used for administrative
expenses.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
$15,000,000, to remain available until expended, to reimburse
the District of Columbia for the costs of public safety
expenses related to security events in the District of Columbia
and for the costs of providing support to respond to immediate
and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions: Provided, That 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, 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, 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.
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, 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 theHouse 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
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, 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 of space and hospitality to support
offender and defendant programs, and equipment and vocational
training services to educate and train offenders and
defendants: Provided further, That the Director shall keep
accurate and detailed records of the acceptance and use of any
gift or donation under the previous proviso, and shall make
such records available for audit and public inspection.
Federal Payment to the 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, 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, 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, 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, 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 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.
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 $6,294,522,000 (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 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 theDistrict 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 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, and $176,000 from other funds), shall be
available for the State Education Office: Provided,
That of the amountsprovided 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, 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
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, 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 of1995 (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 two percent
of the par amount being financed on a lease purchase basis with
a maturity not to exceed five 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 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 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 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, 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 Retirement
Board: Provided, That the District of Columbia Retirement Board
shall provide to the Congress and to the Council of the
District of Columbia a quarterly report of the allocations of
charges by fund and of expenditures of all funds: Provided
further, That the District of Columbia Retirement Board shall
provide the Mayor, for transmittal to the Council of the
District of Columbia, an itemized accounting of the planned use
of appropriated funds in time for each annual budget submission
and the actual use of such funds in time for each annual
audited financial report.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund,
$78,700,000 from other funds.
National Capital Revitalization Corporation
For the National Capital Revitalization Corporation,
$6,745,000 from other funds.
Capital Outlay
(INCLUDING RESCISSIONS)
For construction projects, an increase of $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 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, 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. (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.
(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 four percent of the local funds
in the appropriation.
Sec. 110. 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. 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. 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) 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, That the sequestration percentage specified in the
order shall be applied proportionately to each of the Federal
appropriation accounts in this Act that are not specifically
exempted from sequestration by such Act.
(b) For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, the term ``program, project, and
activity'' shall be synonymous with and refer specifically to
each account appropriating Federal funds in this Act, and any
sequestration order shall be applied to each of the accounts
rather than to the aggregate total of those accounts: Provided,
That sequestration orders shall not be applied to any account
that is specifically exempted from sequestration by the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 115. (a)(1) An entity of the District of Columbia
government may accept and use a gift or donation during fiscal
year 2003 and any subsequent fiscal year if--
(A) the Mayor approves the acceptance and use of
the gift or donation (except as provided in paragraph
(2)); and
(B) the entity uses the gift or donation to carry
out its authorized functions or duties.
(2) The Council of the District of Columbia and the
District of Columbia courts may accept and use gifts without
prior approval by the Mayor.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance and
use of any gift or donation under subsection (a), and shall
make such records available for audit and public inspection.
(c) For the purposes of this section, the term ``entity of
the District of Columbia government'' includes an independent
agency of the District of Columbia.
(d) This section shall not apply to the District of
Columbia Board of Education, which may, pursuant to the laws
and regulations of the District of Columbia, accept and use
gifts to the public schools without prior approval by the
Mayor.
Sec. 116. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the offices
of United States Senator or United States Representative under
section 4(d) of the District of Columbia Statehood
Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, sec. 1-123).
Sec. 117. None of the funds appropriated under this Act
shall be expended for any abortion except where thelife of the
mother would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
Sec. 118. None of the Federal funds made available in this
Act may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official
Code, sec. 32-701 et seq.) or to otherwise implement or enforce
any system of registration of unmarried, cohabiting couples,
including but not limited to registration for the purpose of
extending employment, health, or governmental benefits to such
couples on the same basis that such benefits are extended to
legally married couples.
Sec. 119. (a) Notwithstanding any other provision of this
Act, the Mayor, in consultation with the Chief Financial
Officer 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) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting forth
detailed information regarding such grant; and
(2) the Council within 15 calendar days after
receipt of the report submitted under paragraph (1) has
reviewed and approved the acceptance, obligation, and
expenditure of such grant.
(c) No amount may be obligated or expended from the general
fund or other funds of the District 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) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed
information regarding all Federal, private, and other grants
subject to this section. Each such report shall be submitted to
the Council of the District of Columbia and to the Committees
on Appropriations of the House of Representatives and 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) 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--
(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. 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. (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. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive coverage
by health insurance plans, but it is the intent of Congress
that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious
beliefs and moral convictions.
Sec. 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) The chief judges of the Superior Court of the District
of Columbia and the District of Columbia Court of Appeals shall
establish standards and criteria for determining whether
vouchers submitted for claims for payments described in
subsection (b) are complete, and shall publish and make such
standards and criteria available to attorneys who practice
before such Courts.
(d) Nothing in this section shall be construed to require
the assessment of interest against any claim (or portion of any
claim) which is denied by the Court involved.
(e) This section shall apply with respect to claims
received by the Superior Court of the District of Columbia or
the District of Columbia Court of Appeals during fiscal year
2003 and any subsequent fiscal year.
Sec. 129. 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;
(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. 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 Councilof 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 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.
Sec. 140. 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 withinone year
of the date of enactment of this Act: Provided, That such assessment
include a survey of the space available, a listing of appropriate uses,
a listing of potential occupants, and the renovations or construction
necessary to accommodate proposed uses: Provided further, That within
180 days of enactment, the Mayor shall report to the Committees on
Appropriations of the 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. 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: (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, 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) 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:
(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--
(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. The Chief Financial Officer of the District of
Columbia shall require attorneys in special education cases
brought under the Individuals with Disabilities Act (IDEA) in
the District of Columbia to certify in writing that the
attorney or representative rendered any and all services for
which they receive awards, including those received under a
settlement agreement or as part of an administrative
proceeding, under the IDEA from the District of Columbia:
Provided, That as part of the certification, the Chief
Financial Officer of the District of Columbia require all
attorneys in IDEA cases to disclose any financial, corporate,
legal, memberships on boards of directors, or other
relationships with any special education diagnostic services,
schools, or other special education service providers to which
the attorneys have referred any clients as part of this
certification: Provided further, That the Chief Financial
Officer shall prepare and submit quarterly reports to the
Committees on Appropriations of the Senate and the House of
Representatives on the certification of and the amount paid by
the government of the District of Columbia, including the
District of Columbia Public Schools, to attorneys in cases
brought under IDEA: Provided further, That the Inspector
General of the District of Columbia may conduct investigations
to determine the accuracy of the certifications.
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.
``(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) 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 AND WATER DEVELOPMENT APPROPRIATIONS, 2003
Making appropriations for energy and water development for the fiscal
year ending September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2003, for energy and water development,
and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors, flood
control, shore protection, and related purposes.
General Investigations
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood
control, shore protection, and related projects, restudy of
authorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans and
specifications of projects prior to construction, $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 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 costof 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 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.
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. Sec. 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 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 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 U.S. 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 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 U.S. Army
Corps of Engineers 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 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''.
Sec. 117. None of the funds appropriated in this or any
other Act may be used by the U.S. 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 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 U.S. 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 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 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 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 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,
Bedford, 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.
(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 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, 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. 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. 6301-6308. 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 by
inserting ``, including all expenditures made by the Central
Basin Municipal Water District between February 11, 1993, and
December 21, 2000'' before the semi-colon.
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. 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) 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.--
(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) is amended by striking
``$3,000,000'' and inserting in lieu thereof, ``$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 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, That within 90 days of the completion of each
Federal fiscal year, the Nevada Division of Emergency
Management and the Governor of the State of Nevada and each
local entity shall provide certification to the Department of
Energy that all funds expended from such payments have been
expended for activities authorized by Public Law 97-425 and
this Act. Failure to provide such certification shall cause
such entity to be prohibited from any further funding provided
for similar activities: Provided further, That none of the
funds herein appropriated may be: (1) used directly or
indirectly to influence legislative action on any matter
pending before Congress or a State legislature or for lobbying
activity as provided in 18 U.S.C. 1913; (2) used for litigation
expenses; or (3) used to support multi-State efforts or other
coalition building activities inconsistent with the
restrictions contained in this Act: Provided further, That all
proceeds and recoveries 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, shallbe 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 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.
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 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.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$2,734,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 423 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of passenger
motor vehicles, and official reception and representation
expenses (not to exceed $3,000), $192,000,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $192,000,000 of revenues
from fees and annual charges, and other services and
collections in fiscal year 2003 shall be retained and used for
necessary expenses in this account, and shall remain available
until expended: Provided further, That the sum herein
appropriated from the General Fund shall be reduced as revenues
are received during fiscal year 2003 so as to result in a final
fiscal year 2003 appropriation from the General Fund estimated
at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. (a) None of the funds appropriated by this Act
may be used to award a management and operating contract, 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) 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 reasonswhy 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
(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. 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. The Administrator of the National Nuclear
Security Administration may authorize the plant manager of a
covered nuclear weapons production plant to engage in research,
development, and demonstration activities with respect to the
engineering and manufacturing capabilities at such plant in
order to maintain and enhance such capabilities at such plant:
Provided, That of the amount allocated to a covered nuclear
weapons production plant each fiscal year from amounts
available to the Department of Energy for such fiscal year for
national security programs, not more than an amount equal to 2
percent of such amount may be used for these activities:
Provided further, That for purposes of this section, the term
``covered nuclear weapons production plant'' means the
following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas; 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), 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 107-066 for the
Kachemak Bay submarine cable project may be available to
reimburse the local sponsor for the federal share of the
project costs assumed by the local sponsor prior to final
passage of that Act.
Sec. 314. Stay and Reinstatement of FERC License No. 11393.
(a) Upon the request of the licenseefor FERC Project No. 11393,
the Federal Energy Regulatory Commission shall issue an order staying
the license.
(b) Upon the request of the licensee for FERC Project No.
11393, but not later than 6 years after the date that the
Federal Energy Regulatory Commission receives written notice
that construction of the Swan-Tyee transmission line is
completed, the Federal Energy Regulatory Commission shall issue
an order lifting the stay and make the effective date of the
license the date on which the stay is lifted.
(c) Upon request of the licensee for FERC Project No. 11393
and notwithstanding the time period specified in section 13 of
the Federal Power Act for the commencement of construction, the
Commission shall, after reasonable notice and in accordance
with the good faith, due diligence, and public interest
requirements of that section, extend the time period during
which licensee is required to commence the construction of the
project for not more than one 2-year time period.
Sec. 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.
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.
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, is
further amended by striking ``2003'' and inserting in lieu
thereof ``thereafter''.
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. Sec. 7274q is amended in
subsection (b)(2), by adding the following new subsection:
``(D) Any successor, assignee, transferee,
lender or lessee of a person or entity
described in subparagraphs (A) through (C).''.
Sec. 507. 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''.
DIVISION E--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS, 2003
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2003, and for
other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2003, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out the program for the current fiscal
year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other
than a nuclear-weapon state as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligible to
receive economic or military assistance under this Act, that
has detonated a nuclear explosive after the date of the
enactment of this Act: Provided further, That notwithstanding
section 1(c) of Public Law 103-428, as amended, sections 1(a)
and (b) of Public Law 103-428 shall remain in effect through
September 30, 2003.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, $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.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
$68,300,000: Provided, That the Export-Import Bank may accept,
and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made: Provided
further, That, notwithstanding subsection (b) of section 117 of
the Export Enhancement Act of 1992, subsection (a) thereof
shall remain in effect until October 1, 2003.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the
limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $39,885,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the
purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $24,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Non-Credit Account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2003 and 2004: Provided further, That such
sums shall remain available through fiscal year 2011 for the
disbursement of direct and guaranteed loans obligated in fiscal
year 2003, and through fiscal year 2012 for the disbursement of
direct and guaranteed loans obligated in fiscal year 2004.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses to
carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged
with said account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $44,512,000,
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 of1961, 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 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, That none of the funds made available in this Act nor
any unobligated balances from prior appropriations may be made
available to any organization or program which, as determined
by the President of the United States, supports or participates
in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That none of the
funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided
further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further,
That in order to reduce reliance on abortion in developing
nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through
referral to, or information about access to, a broad range of
family planning methods and services, and that any such
voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning (this provision shall not be construed to
include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not
include payment of incentives, bribes, gratuities, or financial
reward to: (A) an individual in exchange for becoming a family
planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of
family planning acceptors, or acceptors of a particular method
of family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the
health benefits and risks of the method chosen, including those
conditions that might render the use of the method inadvisable
and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and
medicalprocedures 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 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, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees, as
authorized by sections 108 and 635 of the Foreign Assistance
Act of 1961, funds may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and
under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided, That such funds when added to the
funds transferred pursuant to the authority contained under
this heading in Public Law 107-115, shall not exceed
$24,500,000, which shall be made available only for micro and
small enterprise programs, urban programs, and other programs
which further the purposes of part I of the Act: Provided
further, That such costs shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
the provisions of section 107A(d) (relating to general
provisions applicable to the Development Credit Authority) of
the Foreign Assistance Act of 1961, as contained in section 306
of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable to
direct loans and loan guarantees provided under this heading.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for
International Development, $7,591,000, which may be transferred
to and merged with the appropriation for Operating Expenses of
the United States Agency for International Development:
Provided further, That funds made available under this heading
shall remain available until September 30, 2007.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act of
1980, $45,200,000.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For necessary expenses to carry out the provisions of
section 667, $572,000,000: Provided, That 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 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, That of the funds appropriated
under this heading, not less than $600,000,000 shall be
available only for Israel, which sum shall be available on a
grant basis as a cash transfer and shall be disbursed within 30
days of the enactment of this Act: Provided further, That not
less than $615,000,000 shall be available only for Egypt, which
sum shall be provided on a grant basis, and of which sum cash
transfer assistance shall be provided with the understanding
that Egypt will undertake significant economic reforms which
are additional to those which were undertaken in previous
fiscal years, and of which not less than $200,000,000 shall be
provided as Commodity Import Program assistance: Provided
further, That in exercising the authority to provide cash
transfer assistance for Israel, the President shall ensure that
the level of such assistance does not cause an adverse impact
on the total level of nonmilitary exports from the United
States to such country and that Israel enters into a side
letter agreement in an amount proportional to the fiscal year
1999 agreement: Provided further, That of the funds
appropriated under this heading, $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 section 502 of the
Congressional Budget Act of 1974, of modifying direct loans and
guarantees for Pakistan: Provided further, Thatnot to exceed
$15,000,000 of the funds appropriated under this heading in Public Law
107-206, the Supplemental Appropriations Act for Further Recovery From
and Response To Terrorist Attacks on the United States, FY 2002, may be
made available for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying direct loans and
guarantees for Jordan: Provided further, That 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, 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, 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
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.
(d) With regard to funds appropriated under this heading
for the economic revitalization program in Bosniaand
Herzegovina, and local currencies generated by such funds (including
the conversion of funds appropriated under this heading into currency
used by Bosnia and Herzegovina as local currency and local currency
returned or repaid under such program) the Administrator of the United
States Agency for International Development shall provide written
approval for grants and loans prior to the obligation and expenditure
of funds for such purposes, and prior to the use of funds that have
been returned or repaid to any lending facility or grantee.
(e) The provisions of section 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) 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, 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 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);
(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, That this authority applies to interest
earned both prior to and following enactment of this provision:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, in exceptional
circumstances the board of directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
PEACE CORPS
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $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
five 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 Act limiting the length of an appointment or
assignment, the circumstances under which such an appointment
or assignment may exceed five years, and the percentage of
appointments or assignments that can be made in excess of five
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, 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
paramilitary and guerrilla organizations: Provided further,
That the President shall ensure that if any helicopter procured
with funds under this heading is used to aid or abet the
operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately
returned to the United States: Provided further, That 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 daysbefore 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, 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 illicit crops are targeted for fumigation:
Provided further, That section 482(b) of the Foreign Assistance Act of
1961 shall not apply to funds appropriated under this heading: Provided
further, That assistance provided with funds appropriated under this
heading that is made available notwithstanding section 482(b) of the
Foreign Assistance Act of 1961, as amended, shall be made available
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the provisions of section
3204(b) through (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, 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 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 Actor 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.
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, That of the funds
appropriated under this heading, not less than $2,100,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only for
Egypt: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this
paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$550,000,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That 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 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 UnitedStates
Government under the Arms Export Control Act: Provided further, That
funds appropriated under this heading shall be expended at the minimum
rate necessary to make timely payment for defense articles and
services: Provided further, That not more than $38,000,000 of the funds
appropriated under this heading may be obligated for necessary
expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general
costs of administering military assistance and sales: Provided further,
That not more than $356,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year 2003
pursuant to section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided further, That
foreign military financing program funds estimated to be outlayed for
Egypt during fiscal year 2003 shall be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New York
within 30 days of enactment of this Act .
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$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, 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.
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 subscribewithout 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.
PRIVATE AND VOLUNTARY ORGANIZATIONS
Sec. 502. (a) None of the funds appropriated or otherwise
made available by this Act for development assistance may be
made available to any United States private and voluntary
organization, except any cooperative development organization,
which obtains less than 20 percent of its total annual funding
for international activities from sources other than the United
States Government: Provided, That the Administrator of the
United States Agency for International Development, after
informing the Committees on Appropriations, may, on a case-by-
case basis, waive the restriction contained in this subsection,
after taking into account the effectiveness of the overseas
development activities of the organization, its level of
volunteer support, its financial viability and stability, and
the degree of its dependence for its financial support on the
agency.
(b) Funds appropriated or otherwise made available under
title II of this Act should be made available to private and
voluntary organizations at a level which is at least equivalent
to the level provided in fiscal year 1995.
LIMITATION ON RESIDENCE EXPENSES
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the United States Agency for
International Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $125,000 shall be available
for representation allowances for the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars: Provided further,
That of the funds made available by this Act for general costs
of administering military assistance and sales under the
heading ``Foreign Military Financing Program'', not to exceed
$2,000 shall be available for entertainment expenses and not to
exceed $125,000 shall be available for representation
allowances: Provided further, That of the funds made available
by this Act under the heading ``International Military
Education and Training'', not to exceed $50,000 shall be
available for entertainment allowances: Provided further, That
of the funds made available by this Act for the Inter-American
Foundation, not to exceed $2,000 shall be available for
entertainment and representation allowances: Provided further,
That of the funds made available by this Act for the Peace
Corps, not to exceed a total of $4,000 shall be available for
entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $2,000 shall be available
for representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
Sec. 506. None of the funds appropriated or made available
(other than funds for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'') pursuant to this Act, for
carrying out the Foreign Assistance Act of 1961, may be used,
except for purposes of nuclear safety, to finance the export of
nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Iraq, Libya, North Korea, Iran, Sudan, or Syria: Provided, That
for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance and
guarantees of the Export-Import Bank or its agents: Provided
further, That assistance or other financing under this Act 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 importantto 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, 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, 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 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 Foreign Assistance Act of 1961, as amended,
section 23 of the Arms Export Control Act, and funds provided
under the heading ``Assistance for Eastern Europe and the
Baltic States'', shall remain available for an additional four
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform
objectives, shall remain available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to the government of
any country which is in default during a period in excess of
one calendar year in payment to the United States of principal
or interest on any loan made to the government of such country
by the United States pursuant to 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 theUnited
States are likely to outweigh the injury to United States producers of
the same, similar, or competing commodity, and the Chairman of the
Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a
similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact in the export of agricultural
commodities of the United States; or
(2) research activities intended primarily to
benefit American producers.
SURPLUS COMMODITIES
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing
commodity.
NOTIFICATION REQUIREMENTS
Sec. 515. For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Andean Counterdrug Initiative'', ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for
the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Peacekeeping Operations'', ``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 or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided further, That in case of
any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS
Sec. 516. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under this
Act or any previously enacted Act making appropriations for
foreign operations, export financing, and related programs,
which are returned or not made available for organizations and
programs because of the implementation of section 307(a) of the
Foreign Assistance Act of 1961, shall remain available for
obligation until September 30, 2004.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
Sec. 517. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on
market principles, private ownership, respect for
commercial contracts, and equitable treatment of
foreign private investment; and
(2) if that government applies or transfers United
States assistance to any entity for the purpose of
expropriating or seizing ownership or control of
assets, investments, or ventures.
Assistance may be furnished without regard to this subsection
if the President determines that to do so is in the national
interest.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for assistance for a government
of an Independent State of the former Soviet Union if that
government directs any action in violation of the territorial
integrity or national sovereignty of anyother Independent State
of the former Soviet Union, such as those violations included in the
Helsinki Final Act: Provided, That such funds may be made available
without regard to the restriction in this subsection if the President
determines that to do so is in the national security interest of the
United States.
(c) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Georgia, and Ukraine shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and
natural resources) of the Foreign Assistance Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts
that are or have been made available for an Enterprise Fund in
the Independent States of the Former Soviet Union may be
deposited by such Fund in interest-bearing accounts prior to
the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program purposes any
interest earned on such deposits without returning such
interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available for
Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior
appropriations Acts under the heading ``Assistance for the
Independent States of the Former Soviet Union'' and under
comparable headings in prior appropriations Acts, for projects
or activities that have as one of their primary purposes the
fostering of private sector development, the Coordinator for
United States Assistance to the New Independent States and the
implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources
(including volunteer services and in-kind contributions) in
such projects and activities.
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 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) 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 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 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 lawin 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.
(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, 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. 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. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961 under agreements which
result in the generation of local currencies of that country,
the Administrator of the United States Agency for International
Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming Accountability.--The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of for
such purposes as maybe 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).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on
Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
Sec. 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. 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 Acts authorizing or making appropriations
for foreign operations, export financing, and related programs,
shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act. The
agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which
assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
Sec. 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
relocateoutside 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 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, 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 Intenational Development, from
this or any other Act, not less than $6,000,000 should be made
available 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 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2003, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
EARMARKS
Sec. 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.
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 upontimely 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. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the waiver 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. 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. (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
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
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. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights,
unless the Secretary determines and reports to the Committees
on Appropriations that the government of such country is taking
effective measures to bring the responsible members of the
security forces unit to justice: Provided, That nothing in this
section shall be construed to withhold funds made available by
this Act from any unit of the security forces of a foreign
country not credibly alleged to be involved in gross violations
of human rights: Provided further, That in the event that funds
are withheld from any unit pursuant to this section, the
Secretary of State shall promptly inform the foreign government
of the basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice.
PROTECTION OF 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.--Not later than 45
days after the date on which the President's fiscal year 2004
budget request is submitted to Congress, the President shall
submit a report to the Committees on Appropriations describing
in detail the following--
(1) all Federal agency obligations and
expenditures, domestic and international, for climate
change programs and activities in fiscal year 2003,
including an accounting of expenditures by agency with
each agency identifying climate change activities and
associated costs by line item as presented in the
President's Budget Appendix; and
(2) all fiscal year 2002 obligations and estimated
expenditures, fiscal year 2003 estimated expenditures
and estimated obligations, and fiscal year 2004
requested funds by the United States Agency for
International Development, by country and central
program, for each of the following: (1) to promote the
transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies;
(2) to assist in the measurement, monitoring,
reporting, verification, and reduction of greenhouse
gas emissions; (3) to promote carbon capture and
sequestration measures; (4) to help meet such
countries' responsibilities under the Framework
Convention on Climate Change; and (5) to develop
assessments of the vulnerability to impacts of climate
change and mitigation and adaptation response
strategies.
ZIMBABWE
Sec. 556. The Secretary of the Treasury shall instruct the
United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans, to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
NIGERIA
Sec. 557. 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, 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. Prior to the distribution of any assets resulting
from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
CAMBODIA
Sec. 560. (a) The Secretary of the Treasury 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. (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
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.
(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.
(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) 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
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. (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, and is punishing those members
of the Indonesian Armed Forces found to have committed
such violations ofhuman 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) 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, 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, 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,
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.
PROCUREMENT AND FINANCIAL MANAGEMENT REFORM
Sec. 573. (a) 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 six 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.
(d) 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 six-month
period ending 30 days prior to submission of each such
report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armedforces, 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) 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.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension of
any new project involving financial or technical assistance or
grants to any country or entity described in subsection (a),
the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on
Appropriations a written justification for the proposed
assistance, including an explanation of the United States
position regarding any such vote, as well as a description of
the location of the proposed assistance by municipality, its
purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult
with representatives of human rights organizations and all
government agencies with relevant information to help prevent
indicted war criminals from benefiting from any financial or
technical assistance or grants provided to any country or
entity described in subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro and the Republika Srpska.
(3) Municipality.--The term ``municipality'' means
a city, town or other subdivision within a country or
entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords''
means the General Framework Agreement for Peace in
Bosnia and Herzegovina, together with annexes relating
thereto, done at Dayton, November 10 through 16, 1995.
USER FEES
Sec. 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 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) 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) 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 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) 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) 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. 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, andon 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. 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 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. (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.
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) 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. (a) Information relevant to the December 2, 1980,
murders of four American churchwomen in El Salvador, and the
May 5, 2001, murder of Sister Barbara Ann Ford and the murders
of other American citizens in Guatemala since December 1999,
should be investigated and made public.
(b) Not later than 45 days after enactment of this Act, the
President shall order all Federal agencies and departments,
including the Federal Bureau of Investigation, that possess
relevant information, to expeditiously declassify and release
to the victims' families such information, consistent with
existing standards and procedures on classification, and shall
provide a copy of such order to the Committees on
Appropriations.
(c) In making determinations concerning declassification
and release of relevant information, all Federal agencies and
departments should use the discretion contained within such
existing standards and procedures on classification in support
of releasing, rather than withholding, such information.
(d) All reasonable efforts should be taken by the American
Embassy in Guatemala to work with relevant agencies of the
Guatemalan Government to protect the safety of American
citizens in Guatemala, and to assist in the investigations of
violations of human rights.
This division may be cited as the ``Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2003''.
DIVISION F--INTERIOR AND RELATED AGENCIES APPROPRIATIONS, 2003
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2003, and for other
purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of
the Interior and related agencies for the fiscal year ending
September 30, 2003, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$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
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 7of 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, 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 receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning,
preparing, implementing and monitoring salvage timber sales and
forest ecosystem health and recovery activities such as release
from competing vegetation and density control treatments. The
Federal share of receipts (defined as the portion of salvage
timber receipts not paid to the counties under 43 U.S.C. 1181f
and 43 U.S.C. 1181f-1 et seq., and Public Law 106-393) derived
from treatments funded by this account shall be deposited into
the Forest Ecosystem Health and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided, That
not to exceed $600,000 shall be available for administrative
expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated suchamounts 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
(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 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.
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,
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 availableuntil 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 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 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 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 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 for the
acquisition of lands or waters, or interests therein, within
the Evergladeswatershed (consisting of lands and waters within
the boundaries of the South Florida Water Management District, Florida
Bay and the Florida Keys, including the areas known as the Frog Pond,
the Rocky Glades and the Eight and One-Half Square Mile Area) under
terms and conditions deemed necessary by the Secretary to improve and
restore the hydrological function of the Everglades watershed: Provided
further, That funds provided under this heading for assistance to the
State of Florida to acquire lands within the Everglades watershed are
contingent upon new matching non-Federal funds by the State, or are
matched by the State pursuant to the cost-sharing provisions of section
316(b) of Public Law 104-303, and shall be subject to an agreement that
the lands to be acquired will be managed in perpetuity for the
restoration of the Everglades: Provided further, That none of the funds
provided for the State Assistance program may be used to establish a
contingency fund.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 301 passenger motor
vehicles, of which 273 shall be for replacement only, including
not to exceed 226 for police-type use, 10 buses, and 8
ambulances: Provided, That none of the funds appropriated to
the National Park Service may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: Provided further, That none of the funds appropriated to
the National Park Service may be used to implement an agreement
for the redevelopment of the southern end of Ellis Island until
such agreement has been submitted to the Congress and shall not
be implemented prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in
session because of adjournment of more than 3 calendar days to
a day certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end of
Ellis Island, including the facts and circumstances relied upon
in support of the proposed project.
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 any other provision of law, in fiscal year
2003 and thereafter, sums provided to the National Park Service
by private entities for utility services shall be credited to
the appropriate account and remain available until expended:
Provided, That heretofore and hereafter, in carrying out the
work under reimbursable agreements with any State, local or
tribal government, the National Park Service may, without
regard to 31 U.S.C. 1341 or any other provision of law or
regulation, record obligations against accounts receivable from
such entities, and shall credit amounts received from such
entities to the appropriate account, such credit to occur
within 90 days of the date of the original request by the
National Park Service for payment.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law and to publish and
disseminate data; $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, 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, That notwithstanding the provisions
of the Federal Grant and Cooperative Agreement Act of 1977 (31
U.S.C. 6301-6308), the U.S. Geological Survey is authorized to
continue existing, and hereafter, to enter intonew 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 under the pilot
program is equal to or greater than royalty income recognized
under a comparable royalty-in-value program.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $6,105,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $105,092,000:
Provided, That the Secretary of the Interior, pursuant to
regulations, may use directly or through grants to States,
moneys collected in fiscal year 2003 for civil penalties
assessed under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3,
1977, to remain available until expended: Provided further,
That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $191,745,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund
and to remain available until expended; of which up to
$10,000,000, to be derived from the Federal Expenses Share of
the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage
from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants to
minimum program States will be $1,500,000 per State in fiscal
year 2003: Provided further, That of the funds herein provided
up to $18,000,000 may be used for the emergency program
authorized by section 410 of Public Law 95-87, as amended, of
which no more than 25 percent shall be used for emergency
reclamation projects in any one State and funds for federally
administered emergency reclamation projects under this proviso
shall not exceed $11,000,000: Provided further, That prior year
unobligated funds appropriated for the emergency reclamation
program shall not be subject to the 25 percent limitation per
State and may be used without fiscal year limitation for
emergency projects: Provided further, That pursuant to Public
Law 97-365, the Department of the Interior is authorized to use
up to 20 percent from the recovery of the delinquent debt owed
to the United States Government to pay for contracts to collect
these debts: Provided further, That funds made available under
title IV of Public Law 95-87 may be used for any required non-
Federal share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration related
to treatment or abatement of acid mine drainage from abandoned
mines: Provided further, That such projects must be consistent
with the purposes and priorities of the Surface Mining Control
and Reclamation Act: Provided further, That the State of
Maryland may set aside the greater of $1,000,000 or 10 percent
of the totalof 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, 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, 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 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 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 financial transactions of the
territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the General Accounting Office, at its discretion,
in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United
States Financial Assistance for the Northern Mariana Islands
approved by Public Law 104-134: Provided further, That of the
amounts provided for technical assistance, sufficient funding
shall be made available for a grant to the Close Up Foundation:
Provided further, That the funds for the program of operations
and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement
of capital infrastructure with territorial participation and
cost sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T.Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the Marshall
Islands as provided for in sections 122, 221, 223, 232, and 233
of the Compact of Free Association, and for economic assistance
and necessary expenses for the Republic of Palau as provided
for in sections 122, 221, 223, 232, and 233 of the Compact of
Free Association, $20,985,000, 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.
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 notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has
not had activity for at least 18 months and has a balance of
$1.00 or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are
recovered shall be credited to this account.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $7,980,000, to remain available until expended and
which may be transferred to the Bureau of Indian Affairs and
Departmental Management.
Natural Resource Damage Assessment and Restoration
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et
seq.), and Public Law 101-337, as amended (16 U.S.C. 19jj et
seq.), $5,538,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That notwithstanding any other provision of
law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That
notwithstanding any other provision of law, the Office of
Aircraft Services shall transfer to the Sheriff's Office, Kane
County, Utah, without restriction, a Cessna U206G,
identification number N211S, serial number 20606916, for the
purpose of facilitating more efficient law enforcement
activities at Glen Canyon National Recreation Area and the
Grand Staircase Escalante National Monument: Provided further,
That no programs funded with appropriated funds in the
``Departmental Management'', ``Office of the Solicitor'', and
``Office of Inspector General'' may be augmented through the
Working Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this
authority until funds specifically made available to the
Department of the Interior for emergencies shall have been
exhausted: Provided further, Thatall funds used pursuant to
this section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the
several agencies, for the suppression or emergency prevention
of wildland fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for wildland
fire operations, such reimbursement to be credited to
appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until the
Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within 30 days: Provided
further, That all funds used pursuant to this section are
hereby designated by Congress to be ``emergency requirements''
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be replenished
by a supplemental appropriation which must be requested as
promptly as possible: Provided further, That such replenishment
funds shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other activity
in the same manner as authorized by sections 1535 and 1536 of
title 31, United States Code: Provided, That reimbursements for
costs and supplies, materials, equipment, and for services
rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the Secretary,
in total amount not to exceed $500,000; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in
societies or associations which issue publications to members
only or at a price to members lower than to subscribers who are
not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5 U.S.C.
5901-5902 and D.C. Code 4-204).
Sec. 106. Annual appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of 12 months
beginning at any time during the fiscal year.
Sec. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under
restriction in the President's moratorium statement of June 12,
1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and the
eastern Gulf of Mexico south of 26 degrees north latitude and
east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
oil and natural gas preleasing, leasing, and related
activities, on lands within the North Aleutian Basin planning
area.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer Continental
Shelf 5-Year Oil and Gas Leasing Program, 1997-2002.
Sec. 110. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 111. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant to
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.) may be invested by the Indian
tribe, tribal organization, or consortium before such funds are
expended for the purposes of the grant, compact, or annual
funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal
organization, or consortium only in obligations of the
United States, or in obligations or securities that are
guaranteed or insured by the United States, or mutual
(or other) funds registered with the Securities and
Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured
by an agency or instrumentality of the UnitedStates, 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 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 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.
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 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 through2007 to
provide grants to Indian tribes for the construction of tribally
controlled schools.
(1) In general.--Subject to the availability of
appropriations, in carrying out the demonstration
program under subsection (b), the Secretary shall award
a grant to each Indian tribe that submits an
application that is approved by the Secretary under
paragraph (2). The Secretary shall ensure that an
Indian tribe that agrees to fund all future operation
and maintenance costs of the tribally controlled school
constructed under the demonstration program from other
than federal funds receives the highest priority for a
grant under this section.
(2) Grant applications.--An application for a grant
under the section shall--
(A) include a proposal for the construction
of a tribally controlled school of the Indian
tribe that submits the application; and
(B) be in such form as the Secretary
determines appropriate.
(3) Grant agreement.--As a condition to receiving a
grant under this section, the Indian tribe shall enter
into an agreement with the Secretary that specifies--
(A) the costs of construction under the
grant;
(B) that the Indian tribe shall be required
to contribute towards the cost of the
construction a tribal share equal to 50 percent
of the costs; and
(C) any other term or condition that the
Secretary determines to be appropriate.
(4) Eligibility.--Grants awarded under the
demonstration program shall be used only for
construction or replacement of a tribally controlled
school.
(c) Effect of Grant.--A grant received under this section
shall be in addition to any other funds received by an Indian
tribe under any other provision of law. The receipt of a grant
under this section shall not affect the eligibility of an
Indian tribe receiving funding, or the amount of funding
received by the Indian tribe, under the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450
et seq.).
(d) Report.--At the conclusion of the five-year
demonstration program, the Secretary shall report to Congress
as to whether the demonstration program has achieved its
purposes of providing additional tribes fair opportunities to
construct tribally controlled schools, accelerating
construction of needed educational facilities in Indian
Country, and permitting additional funds to be provided for the
Department's priority list for construction of replacement
educational facilities.
Sec. 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. 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.
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. 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 SeniorExecutive Service rate of pay
for the Washington-Baltimore locality pay area.
Sec. 133. 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) 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 U.S. 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.
Sec. 139. 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. 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. 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) by striking the word ``Secretary'' each place it
appears and inserting in lieu thereof the word ``Director'',
and by striking the text of Section 301(c)(3) and inserting in
lieu thereof ``Director.--The term `Director' means the
Director of the Institute of Museum and Library Services.''.
Sec. 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 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 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 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 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 Bend National Archeological District
Act. (a) Short Title.--This section may be cited as the
``Moccasin Bend National Archeological District Act''.
(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 later than three
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
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. 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 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 U.S. 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 U.S. 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, 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 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, 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 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, andshall 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.), $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, non-profit, or cooperative entities; Youth
Conservation 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 tobe 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, 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 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 shall obtain, by the end
of the period of Federal financial assistance, private
contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the
Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds: Provided further, That
authorized investments of Federal funds held by the Foundation
may be made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fishand
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
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 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.
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,
forthe purposes of 42 U.S.C. Sec. 7651n, and Chapters 51, 52,
and 60 of title 40 of the Code of Federal Regulations: Provided
further, That no part of the sum herein made available shall be used
for the field testing of nuclear explosives in the recovery of oil and
gas: Provided further, That up to 4 percent of program direction funds
available to the National Energy Technology Laboratory may be used to
support Department of Energy activities not included in this account.
naval petroleum and oil shale reserves
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $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 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; and reimbursement to the General Services
Administration for security guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of
Energy under this Act shall be used to implement or finance
authorized price support or loan guarantee programs unless
specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account of the
Department of Energy or otherwise generated by sale of products
in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to
be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing
entities as provided in appropriate cost-sharing contracts or
agreements: Provided further, That the remainder of revenues
after the making of such payments shall be covered into the
Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the
Secretary pursuant to this authority shall not be executed
prior to the expiration of 30 calendar days (not including any
day in which either House of Congress is not in session because
of adjournment of more than 3 calendar days to a day certain)
from the receipt by the Speaker of the House of Representatives
and the President of theSenate 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 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 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, 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, 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 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, 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 U.S. 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 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 notwithstandingany
other provision of law or regulation, for purposes of acquiring sites
for a new clinic and staff quarters in St. Paul Island, Alaska, the
Secretary of Health and Human Services may accept land donated by the
Tanadgusix Corporation.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
but at rates not to exceed the per diem rate equivalent to the
maximum rate payable for senior-level positions under 5 U.S.C.
5376; hire of passenger motor vehicles and aircraft; purchase
of medical equipment; purchase of reprints; purchase,
renovation and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances
therefor as authorized by 5 U.S.C. 5901-5902; and for expenses
of attendance at meetings which are concerned with the
functions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or
management of those functions or activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation
Facilities Act) and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized
by title I or title III of the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), may be
deobligated and reobligated to a self-determination contract
under title I, or a self-governance agreement under title III
of such Act and thereafter shall remain available to the tribe
or tribal organization without fiscal year limitation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law.
Funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and
accounted for in the appropriation structure set forth in this
Act.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in advance
with subsequent adjustment. The reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account which provided
the funding. Such amounts shall remain available until
expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or technical
assistance.
The appropriation structure for the Indian Health Service
may not be altered without advance approval of the House and
Senate Committees on Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$14,491,000, to remain available until expended: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-
10.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$5,490,000, 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, 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 C.F.R. 52.232-18.
CONSTRUCTION
For necessary expenses for construction of the National
Museum of the American Indian, including necessary personnel,
$16,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
None of the funds in this or any other Act may be used to
make any changes to the existing Smithsonian science programs
including closure of facilities, relocation of staff or
redirection of functions and programs without approval from the
Board of Regents of recommendations received from the Science
Commission.
None of the funds in this or any other Act may be used to
initiate the design for any proposed expansion of current space
or new facility without consultation with the House and Senate
Appropriations Committees.
None of the funds in this or any other Act may be used for
the Holt House located at the National Zoological Park in
Washington, D.C., unless identified as repairs to minimize
water damage, monitor structure movement, or provide interim
structural support.
None of the funds available to the Smithsonian may be
reprogrammed without the advance written approval of the House
and Senate Committees on Appropriations in accordance with the
procedures contained in House Report No. 105-163.
National Gallery of Art
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, Seventy-
sixth Congress), including services as authorized by 5 U.S.C.
3109; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art
associations or societies whose publications or services are
available to members only, or to members at a price lower than
to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for
other employees as authorized by law (5 U.S.C. 5901-5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $77,219,000, of which not to exceed
$3,026,000 for the special exhibition program shall remain
available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $16,230,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$16,310,000.
CONSTRUCTION
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $17,600,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as authorized
by 5 U.S.C. 3109, $8,488,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$116,489,000, shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts through assistance to organizations and individuals
pursuant to sections 5(c) and 5(g) of the Act, including
$17,000,000 for support of arts education and public outreach
activities through the Challenge America program, for program
support, and for administering the functions of the Act, to
remain available until expended: Provided, That funds
previously appropriated to the National Endowment for the Arts
``Matching Grants'' account 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 availableto 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 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.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive Order
issued pursuant to existing law.
Sec. 302. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which congressional action is not complete.
Sec. 303. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 304. None of the funds provided in this Act to any
department or agency shall be obligated or expended to provide
a personal cook, chauffeur, or other personal servants to any
officer or employee of such department or agency except as
otherwise provided by law.
Sec. 305. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act
unless advance notice of such assessments and the basis
therefor are presented to the Committees on Appropriations and
are approved by such committees.
Sec. 306. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands in
a manner different than such sales were conducted in fiscal
year 2002.
Sec. 307. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims
and sections 2329, 2330, 2331, and 2333 of the Revised Statutes
(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2003, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section 314(c)
of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
Sec. 308. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committeereports 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. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual
for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, except
a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to
a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
Sec. 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 assistance for projects, productions, workshops, or
programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a
population of individuals, including urban minorities,
who have historically been outside the purview of arts
and humanities programs due to factors such as a high
incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)) applicable to a family of the size
involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act of
1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance
for projects, productions, workshops, or programs that will
encourage public knowledge, education, understanding, and
appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Humanities
Act of 1965--
(1) the Chairperson shall establish a grant
category for projects, productions, workshops, or
programs that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants exceeding
15 percent, in the aggregate, of such funds to any
single State, excluding grants made under the authority
of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act; and
(4) the Chairperson shall encourage the use of
grants to improve and support community-based music
performance and education.
Sec. 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 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 usinga residual
value approach that assigns domestic Alaska values for western
redcedar. Program accomplishments shall be based on volume sold. Should
Region 10 sell, in fiscal year 2003, the annual average portion of the
decadal allowable sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when appraised using a
residual value approach that assigns domestic Alaska values for western
redcedar, all of the western redcedar timber from those sales which is
surplus to the needs of domestic processors in Alaska, shall be made
available to domestic processors in the contiguous 48 United States at
prevailing domestic prices. Should Region 10 sell, in fiscal year 2003,
less than the annual average portion of the decadal allowable sale
quantity called for in the Tongass Land Management Plan in sales which
are not deficit when appraised using a residual value approach that
assigns domestic Alaska values for western redcedar, the volume of
western redcedar timber available to domestic processors at prevailing
domestic prices in the contiguous 48 United States shall be that
volume: (i) which is surplus to the needs of domestic processors in
Alaska, and (ii) is that percent of the surplus western redcedar volume
determined by calculating the ratio of the total timber volume which
has been sold on the Tongass to the annual average portion of the
decadal allowable sale quantity called for in the current Tongass Land
Management Plan. The percentage shall be calculated by Region 10 on a
rolling basis as each sale is sold (for purposes of this amendment, a
``rolling basis'' shall mean that the determination of how much western
redcedar is eligible for sale to various markets shall be made at the
time each sale is awarded). Western redcedar shall be deemed ``surplus
to the needs of domestic processors in Alaska'' when the timber sale
holder has presented to the Forest Service documentation of the
inability to sell western redcedar logs from a given sale to domestic
Alaska processors at a price equal to or greater than the log selling
value stated in the contract. All additional western redcedar volume
not sold to Alaska or contiguous 48 United States domestic processors
may be exported to foreign markets at the election of the timber sale
holder. All Alaska yellow cedar may be sold at prevailing export prices
at the election of the timber sale holder.
Sec. 319. 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. 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. 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).
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--
(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 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
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 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.
Sec. 336. Section 7(c) of Public Law 106-143 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.'';
(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. 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--
(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
SEC. 401. SHORT TITLE.
This title may be cited as the ``T'uf Shur Bien
Preservation Trust Area Act''.
SEC. 402. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in 1748, the Pueblo of Sandia received a grant
from a representative of the King of Spain, which grant
was recognized and confirmed by Congress in 1858 (11
Stat. 374); and
(2) in 1994, the Pueblo filed a civil action
against the Secretary of the Interior and the Secretary
of Agriculture in the United States District Court for
the District of Columbia (Civil No. 1:94CV02624),
asserting that Federal surveys of the grant boundaries
erroneously excluded certain land within the Cibola
National Forest, including a portion of the Sandia
Mountain Wilderness.
(b) Purposes.--The purposes of this title are--
(1) to establish the T'uf Shur Bien Preservation
Trust Area in the Cibola National Forest;
(2) to confirm the status of national forest land
and wilderness land in the Area while resolving issues
associated with the civil action referred to in
subsection (a)(2) and the opinions of the Solicitor of
the Department of the Interior dated December 9, 1988
(M-36963; 96 I.D. 331) and January 19, 2001 (M-37002);
and
(3) to provide the Pueblo, the parties to the civil
action, and the public with a fair and just settlement
of the Pueblo's claim.
SEC. 403. DEFINITIONS.
In this title:
(1) Area.--
(A) In general.--The term ``Area'' means
the T'uf Shur Bien Preservation Trust Area,
comprised of approximately 9890 acres of land
in the Cibola National Forest, as depicted on
the map.
(B) Exclusions.--The term ``Area'' does not
include--
(i) the subdivisions;
(ii) Pueblo-owned land;
(iii) the crest facilities; or
(iv) the special use permit area.
(2) Crest facilities.--The term ``crest
facilities'' means--
(A) all facilities and developments located
on the crest of Sandia Mountain, including the
Sandia Crest Electronic Site;
(B) electronic site access roads;
(C) the Crest House;
(D) the upper terminal, restaurant, and
related facilities of Sandia Peak Tram Company;
(E) the Crest Observation Area;
(F) parking lots;
(G) restrooms;
(H) the Crest Trail (Trail No. 130);
(I) hang glider launch sites;
(J) the Kiwanis cabin; and
(K) the land on which the facilities
described in subparagraphs (A) through (J) are
located and the land extending 100 feet along
terrain to the west of each such facility,
unless a different distance is agreed to in
writing by the Secretary and the Pueblo and
documented in the survey of the Area.
(3) Existing use.--The term ``existing use'' means
a use that--
(A) is occurring in the Area as of the date
of enactment of this Act; or
(B) is authorized in the Area after
November 1, 1995, but before the date of
enactment of this Act.
(4) La luz tract.--The term ``La Luz tract'' means
the tract comprised of approximately 31 acres of land
owned in fee by the Pueblo and depicted on the map.
(5) Local public body.--The term ``local public
body'' means a political subdivision of the State of
New Mexico (as defined in New Mexico Code 6-5-1).
(6) Map.--The term ``map'' means the Forest Service
map entitled ``T'uf Shur Bien Preservation Trust Area''
and dated April 2000.
(7) Modified use.--
(A) In general.--The term ``modified use''
means an existing use that, at any time after
the date of enactment of this Act, is modified
or reconfigured but not significantly expanded.
(B) Inclusions.--The term ``modified use''
includes--
(i) a trail or trailhead being
modified, such as to accommodate
handicapped access;
(ii) a parking area being
reconfigured (but not expanded); and
(iii) a special use authorization
for a group recreation use being
authorized for a different use area or
time period.
(8) New use.--
(A) In general.--The term ``new use''
means--
(i) a use that is not occurring in
the Area as of the date of enactment of
this Act; and
(ii) an existing use that is being
modified so as to be significantly
expanded or altered in scope,
dimension, or impact on the land,
water, air, or wildlife resources of
the Area.
(B) Exclusions.--The term ``new use'' does
not include a use that--
(i) is categorically excluded from
documentation requirements under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); or
(ii) is carried out to comply with
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(9) Piedra lisa tract.--The term ``Piedra Lisa
tract'' means the tract comprised of approximately 160
acres of land owned by the Pueblo and depicted on the
map.
(10) Pueblo.--The term ``Pueblo'' means the Pueblo
of Sandia in its governmental capacity.
(11) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of
the Forest Service.
(12) Settlement agreement.--The term ``Settlement
Agreement'' means the Agreement of Compromise and
Settlement dated April 4, 2000, among the United
States, the Pueblo, and the Sandia Peak Tram Company.
(13) Special use permit.--The term ``special use
permit'' means the Special Use Permit issued December
1, 1993, by the Secretary to Sandia Peak Tram Company
and Sandia Peak Ski Company.
(14) Special use permit area.--
(A) In general.--The term ``special use
permit area'' means the land and facilities
subject to the special use permit.
(B) Inclusions.--The term ``special use
permit area'' includes--
(i) approximately 46 acres of land
used as an aerial tramway corridor;
(ii) approximately 945 acres of
land used as a ski area; and
(iii) the land and facilities
described in Exhibit A to the special
use permit, including--
(I) the maintenance road to
the lower tram tower;
(II) water storage and
water distribution facilities;
and
(III) 7 helispots.
(15) Subdivision.--The term ``subdivision'' means--
(A) the subdivision of--
(i) Sandia Heights Addition;
(ii) Sandia Heights North Unit I,
II, or 3;
(iii) Tierra Monte;
(iv) Valley View Acres; or
(v) Evergreen Hills; and
(B) any additional plat or privately-owned
property depicted on the map.
(16) Traditional or cultural use.--The term
``traditional or cultural use'' means--
(A) a ceremonial activity (including the
placing of ceremonial materials in the Area);
and
(B) the use, hunting, trapping, or
gathering of plants, animals, wood, water, and
other natural resources for a noncommercial
purpose.
SEC. 404. T'UF SHUR BIEN PRESERVATION TRUST AREA.
(a) Establishment.--The T'uf Shur Bien Preservation Trust
Area is established within the Cibola National Forest and the
Sandia Mountain Wilderness as depicted on the map--
(1) to recognize and protect in perpetuity the
rights and interests of the Pueblo in and to the Area,
as specified in section 405(a);
(2) to preserve in perpetuity the national forest
and wilderness character of the Area; and
(3) to recognize and protect in perpetuity the
longstanding use and enjoyment of the Area by the
public.
(b) Administration and Applicable Law.--
(1) In general.--The Secretary shall continue to
administer the Area as part of the National Forest
System subject to and consistent with the provisions of
this title affecting management of the Area.
(2) Traditional or cultural uses.--Traditional or
cultural uses by Pueblo members and members of other
federally-recognized Indian tribes authorized to use
the Area by the Pueblo under section 405(a)(4) shall
not be restricted except by--
(A) the Wilderness Act (16 U.S.C. 1131 et
seq.) (including regulations promulgated under
that Act) as in effect on the date of enactment
of this Act; and
(B) applicable Federal wildlife protection
laws, as provided in section 406(a)(2).
(3) Later enactments.--To the extent that any law
enacted or amended after the date of enactment of this
Act is inconsistent with this title, the law shall not
apply to the Area unless expressly made applicable by
Congress.
(4) Trust.--The use of the word ``Trust'' in the
name of the Area--
(A) is in recognition of the specific
rights and interests of the Pueblo in the Area;
and
(B) does not confer on the Pueblo the
ownership interest that exists in a case in
which the Secretary of the Interior accepts the
title to land held in trust for the benefit of
an Indian tribe.
(c) Map.--
(1) Filing.--As soon as practicable after the date
of enactment of this Act, the Secretary shall file the
map and a legal description of the Area with the
Committee on Resources of the House of Representatives
and with the Committee on Energy and Natural Resources
of the Senate.
(2) Public availability.--The map and legal
description shall be on file and available for public
inspection in the Office of the Chief of the Forest
Service, Washington, District of Columbia.
(3) Effect.--The map and legal description filed
under paragraph (1) shall have the same effect as if
the map and legal description were included in this
title, except that--
(A) technical and typographical errors
shall be corrected;
(B) changes that may be necessary under
subsection (b), (d), or (e) of section 409 or
subsection (b) or (c) of section 413 shall be
made; and
(C) to the extent that the map and the
language of this title conflict, the language
of this title shall control.
(d) No Conveyance of Title.--No right, title, or interest
of the United States in or to the Area or any part of the Area
shall be conveyed to or exchanged with any person, trust, or
governmental entity, including the Pueblo, without specific
authorization of Congress.
(e) Prohibited Uses.--
(1) In general.--Notwithstanding any other
provision of law--
(A) no use prohibited by the Wilderness Act
(16 U.S.C. 1131 et seq.) as of the date of
enactment of this Act shall be permitted in the
wilderness portion of the Area; and
(B) none of the following uses shall be
permitted in any portion of the Area:
(i) Gaming or gambling.
(ii) Mineral production.
(iii) Timber production.
(iv) Any new use to which the
Pueblo objects under section 405(a)(3).
(2) Mining claims.--The Area is closed to the
location of mining claims under section 2320 of the
Revised Statutes (30 U.S.C. 23) (commonly known as the
``Mining Law of 1872'').
(f) No Modification of Boundaries.--Establishment of the
Area shall not--
(1) affect the boundaries of or repeal or
disestablish the Sandia Mountain Wilderness or the
Cibola National Forest; or
(2) modify the existing boundary of the Pueblo
grant.
SEC. 405. PUEBLO RIGHTS AND INTERESTS IN THE AREA.
(a) In General.--The Pueblo shall have the following rights
and interests in the Area:
(1) Free and unrestricted access to the Area for
traditional or cultural uses, to the extent that those
uses are not inconsistent with--
(A) the Wilderness Act (16 U.S.C. 1131 et
seq.) (including regulations promulgated under
that Act) as in effect on the date of enactment
of this Act; or
(B) applicable Federal wildlife protection
laws as provided in section 406(a)(2).
(2) Perpetual preservation of the national forest
and wilderness character of the Area under this title.
(3) Rights in the management of the Area as
specified in section 407, including--
(A) the right to consent or withhold
consent to a new use;
(B) the right to consultation regarding a
modified use;
(C) the right to consultation regarding the
management and preservation of the Area; and
(D) the right to dispute resolution
procedures.
(4) Exclusive authority, in accordance with the
customs and laws of the Pueblo, to administer access to
the Area for traditional or cultural uses by members of
the Pueblo and of other federally-recognized Indian
tribes.
(5) Such other rights and interests as are
recognized in sections 404, 405(c), 407, 408, and 409.
(b) Access.-- Except as provided in subsection (a)(4),
access to and use of the Area for all other purposes shall
continue to be administered by the Secretary.
(c) Compensable Interest.--
(1) In general.--If, by an Act of Congress enacted
after the date of enactment of this Act, Congress
diminishes the national forest or wilderness
designation of the Area by authorizing a use prohibited
by section 404(e) in all or any portion of the Area, or
denies the Pueblo access for any traditional or
cultural use in all or any portion of the Area--
(A) the United States shall compensate the
Pueblo as if the Pueblo held a fee title
interest in the affected portion of the Area
and as though the United States had acquired
such an interest by legislative exercise of the
power of eminent domain; and
(B) the restrictions of sections 404(e) and
406(a) shall be disregarded in determining just
compensation owed to the Pueblo.
(2) Effect.--Any compensation made to the Pueblo
under paragraph (c) shall not affect the extinguishment
of claims under section 410.
SEC. 406. LIMITATIONS ON PUEBLO RIGHTS AND INTERESTS IN THE AREA.
(a) Limitations.--The rights and interests of the Pueblo
recognized in this title do not include--
(1) any right to sell, grant, lease, convey,
encumber, or exchange land or any interest in land in
the Area (and any such conveyance shall not have
validity in law or equity);
(2) any exemption from applicable Federal wildlife
protection laws;
(3) any right to engage in a use prohibited by
section 404(e); or
(4) any right to exclude persons or governmental
entities from the Area.
(b) Exception.--No person who exercises traditional or
cultural use rights as authorized by section 405(a)(4) may be
prosecuted for a Federal wildlife offense requiring proof of a
violation of a State law (including regulations).
SEC. 407. MANAGEMENT OF THE AREA.
(a) Process.--
(1) In general.--The Secretary shall consult with
the Pueblo not less than twice each year, unless
otherwise mutually agreed, concerning protection,
preservation, and management of the Area (including
proposed new uses and modified uses in the Area and
authorizations that are anticipated during the next 6
months and were approved in the preceding 6 months).
(2) New uses.--
(A) Request for consent after
consultation.--
(i) Denial of consent.--If the
Pueblo denies consent for a new use
within 30 days after completion of the
consultation process, the Secretary
shall not proceed with the new use.
(ii) Granting of consent.--If the
Pueblo consents to the new use in
writing or fails to respond within 30
days after completion of the
consultation process, the Secretary may
proceed with the notice and comment
process and the environmental analysis.
(B) Final request for consent.--
(i) Request.--Before the Secretary
(or a designee) signs a record of
decision or decision notice for a
proposed new use, the Secretary shall
again request the consent of the
Pueblo.
(ii) Denial of consent.--If the
Pueblo denies consent for a new use
within 30 days after receipt by the
Pueblo of the proposed record of
decision or decision notice, the new
use shall not be authorized.
(iii) Failure to respond.--If the
Pueblo fails to respond to the consent
request within 30 days after receipt of
the proposed record of decision or
decision notice--
(I) the Pueblo shall be
deemed to have consented to the
proposed record of decision or
decision notice; and
(II) the Secretary may
proceed to issue the final
record of decision or decision
notice.
(3) Public involvement.--
(A) In general.--With respect to a proposed
new use or modified use, the public shall be
provided notice of--
(i) the purpose and need for the
proposed new use or modified use;
(ii) the role of the Pueblo in the
decisionmaking process; and
(iii) the position of the Pueblo on
the proposal.
(B) Court challenge.--Any person may bring
a civil action in the United States District
Court for the District of New Mexico to
challenge a determination by the Secretary
concerning whether a use constitutes a new use
or a modified use.
(b) Emergencies and Emergency Closure Orders.--
(1) Authority.--The Secretary shall retain the
authority of the Secretary to manage emergency
situations, to--
(A) provide for public safety; and
(B) issue emergency closure orders in the
Area subject to applicable law.
(2) Notice.--The Secretary shall notify the Pueblo
regarding emergencies, public safety issues, and
emergency closure orders as soon as practicable.
(3) No consent.--An action of the Secretary
described in paragraph (1) shall not require the
consent of the Pueblo.
(c) Disputes Involving Forest Service Management and Pueblo
Traditional Uses.--
(1) In general.--In a case in which the management
of the Area by the Secretary conflicts with a
traditional or cultural use, if the conflict does not
pertain to a new use subject to the process specified
in subsection (a)(2), the process for dispute
resolution specified in this subsection shall apply.
(2) Dispute resolution process.--
(A) In general.--In the case of a conflict
described in paragraph (1)--
(i) the party identifying the
conflict shall notify the other party
in writing addressed to the Governor of
the Pueblo or the Regional Forester, as
appropriate, specifying the nature of
the dispute; and
(ii) the Governor of the Pueblo or
the Regional Forester shall attempt to
resolve the dispute for a period of at
least 30 days after notice has been
provided before bringing a civil action
in the United States District Court for
the District of New Mexico.
(B) Disputes requiring immediate
resolution.--In the case of a conflict that
requires immediate resolution to avoid
imminent, substantial, and irreparable harm--
(i) the party identifying the
conflict shall notify the other party
and seek to resolve the dispute within
3 days of the date of notification; and
(ii) if the parties are unable to
resolve the dispute within 3 days--
(I) either party may bring
a civil action for immediate
relief in the United States
District Court for the District
of New Mexico; and
(II) the procedural
requirements specified in
subparagraph (A) shall not
apply.
SEC. 408. JURISDICTION OVER THE AREA.
(a) Criminal Jurisdiction.--
(1) In general.--Notwithstanding any other
provision of law, jurisdiction over crimes committed in
the Area shall be allocated as provided in this
paragraph.
(2) Jurisdiction of the pueblo.--The Pueblo shall
have jurisdiction over an offense committed by a member
of the Pueblo or of another federally-recognized Indian
tribe who is present in the Area with the permission of
the Pueblo under section 405(a)(4).
(3) Jurisdiction of the united states.--The United
States shall have jurisdiction over--
(A) an offense described in section 1153 of
title 18, United States Code, committed by a
member of the Pueblo or another federally-
recognized Indian tribe;
(B) an offense committed by any person in
violation of the laws (including regulations)
pertaining to the protection and management of
national forests;
(C) enforcement of Federal criminal laws of
general applicability; and
(D) any other offense committed by a member
of the Pueblo against a person not a member of
the Pueblo.
(4) Jurisdiction of the state of new mexico.--The
State of New Mexico shall have jurisdiction over an
offense under the law of the State committed by a
person not a member of the Pueblo.
(5) Overlapping jurisdiction.--To the extent that
the respective allocations of jurisdiction over the
Area under paragraphs (2), (3), and (4) overlap, the
governments shall have concurrent jurisdiction.
(6) Federal use of state law.--Under the
jurisdiction of the United States described in
paragraph (3)(D), Federal law shall incorporate any
offense defined and punishable under State law that is
not so defined under Federal law.
(b) Civil Jurisdiction.--
(1) In general.--Except as provided in paragraphs
(2) and (3), the United States, the State of New
Mexico, and local public bodies shall have the same
civil adjudicatory, regulatory, and taxing jurisdiction
over the Area as was exercised by those entities on the
day before the date of enactment of this Act.
(2) Jurisdiction of the pueblo.--
(A) In general.--The Pueblo shall have
exclusive civil adjudicatory jurisdiction
over--
(i) a dispute involving only
members of the Pueblo;
(ii) a civil action brought by the
Pueblo against a member of the Pueblo;
and
(iii) a civil action brought by the
Pueblo against a member of another
federally-recognized Indian tribe for a
violation of an understanding between
the Pueblo and the other tribe
regarding use of or access to the Area
for traditional or cultural uses.
(B) Regulatory jurisdiction.--The Pueblo
shall have no regulatory jurisdiction over the
Area, except that the Pueblo shall have
exclusive authority to--
(i) regulate traditional or
cultural uses by the members of the
Pueblo and administer access to the
Area by other federally-recognized
Indian tribes for traditionalor
cultural uses, to the extent such regulation is consistent with this
title; and
(ii) regulate hunting and trapping
in the Area by members of the Pueblo,
to the extent that the hunting or
trapping is related to traditional or
cultural uses, except that such hunting
and trapping outside of that portion of
the Area in sections 13, 14, 23, 24,
and the northeast quarter of section 25
of T12N, R4E, and section 19 of T12N,
R5E, N.M.P.M., Sandoval County, New
Mexico, shall be regulated by the
Pueblo in a manner consistent with the
regulations of the State of New Mexico
concerning types of weapons and
proximity of hunting and trapping to
trails and residences.
(C) Taxing jurisdiction.--The Pueblo shall
have no authority to impose taxes within the
Area.
(3) State and local taxing jurisdiction.--The State
of New Mexico and local public bodies shall have no
authority within the Area to tax the uses or the
property of the Pueblo, members of the Pueblo, or
members of other federally-recognized Indian tribes
authorized to use the Area under section 405(a)(4).
SEC. 409. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.
(a) Subdivisions.--
(1) In general.--The subdivisions are excluded from
the Area.
(2) Jurisdiction.--
(A) In general.--The Pueblo shall have no
civil or criminal jurisdiction for any purpose,
including adjudicatory, taxing, zoning,
regulatory or any other form of jurisdiction,
over the subdivisions and property interests
therein, and the laws of the Pueblo shall not
apply to the subdivisions.
(B) State jurisdiction.--The jurisdiction
of the State of New Mexico and local public
bodies over the subdivisions and property
interests therein shall continue in effect,
except that on application of the Pueblo a
tract comprised of approximately 35 contiguous,
nonsubdivided acres in the northern section of
Evergreen Hills owned in fee by the Pueblo at
the time of enactment of this Act, shall be
transferred to the United States and held in
trust for the Pueblo by the United States and
administered by the Secretary of the Interior.
(3) Limitations on trust land.--Trust land
described in paragraph (2)(B) shall be subject to all
limitations on use pertaining to the Area contained in
this title.
(b) Piedra Lisa.--
(1) In general.--The Piedra Lisa tract is excluded
from the Area.
(2) Declaration of trust title.--The Piedra Lisa
tract--
(A) shall be transferred to the United
States;
(B) is declared to be held in trust for the
Pueblo by the United States; and
(C) shall be administered by the Secretary
of the Interior subject to all limitations on
use pertaining to the Area contained in this
title.
(3) Applicability of certain restriction.--The
restriction contained in section 406(a)(4) shall not
apply outside of Forest Service System trails.
(c) Crest Facilities.--
(1) In general.--The land on which the crest
facilities are located is excluded from the Area.
(2) Jurisdiction.--The Pueblo shall have no civil
or criminal jurisdiction for any purpose, including
adjudicatory, taxing, zoning, regulatory or any other
form of jurisdiction, over the land on which the crest
facilities are located and property interests therein,
and the laws of the Pueblo, shall not apply to that
land. The preexisting jurisdictional status of that
land shall continue in effect.
(d) Special Use Permit Area.--
(1) In general.--The land described in the special
use permit is excluded from the Area.
(2) Jurisdiction.--
(A) In general.--The Pueblo shall have no
civil or criminal jurisdiction for any purpose,
including adjudicatory, taxing, zoning,
regulatory, or any other form of jurisdiction,
over the land described in the special use
permit, and the laws of the Pueblo shall not
apply to that land.
(B) Preexisting status.--The preexisting
jurisdictional status of that land shall
continue in effect.
(3) Amendment to plan.--In the event the special
use permit, during its existing term or any future
terms or extensions, requires amendment to include
other land in the Area necessary to realign the
existing or any future replacement tram line,
associated structures, or facilities, the land subject
to that amendment shall thereafter be excluded from the
Area and shall have the same status under this title as
the land currently described in the special use permit.
(4) Land dedicated to aerial tramway and related
uses.--Any land dedicated to aerial tramway and related
uses and associated facilities that are excluded from
the special use permit through expiration, termination
or the amendment process shall thereafter be included
in the Area, but only after final agency action no
longer subject to any appeals.
(e) La Luz Tract.--
(1) In general.--The La Luz tract now owned in fee
by the Pueblo is excluded from the Area and, on
application by the Pueblo, shall be transferred to the
United States and held in trust for the Pueblo by the
United States and administered by the Secretary of the
Interior subject to all limitations on use pertaining
to the Area contained in this title.
(2) Nonapplicability of certain restriction.--The
restriction contained in section 406(a)(4) shall not
apply outside of Forest Service System trails.
(f) Evergreen Hills Access.--The Secretary shall ensure
that Forest Service Road 333D, as depicted on the map, is
maintained in an adequate condition in accordance with section
1323(a) of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3210(a)).
(g) Pueblo Fee Land.--Those properties not specifically
addressed in subsections (a) or (e) that are owned in fee by
the Pueblo within the subdivisions are excluded from the Area
and shall be subject to the jurisdictional provisions of
subsection (a).
(h) Rights-of-Way.--
(1) Road rights-of-way.--
(A) In general.--In accordance with the
Pueblo having given its consent in the
Settlement Agreement, the Secretary of the
Interior shall grant to the County of
Bernalillo, New Mexico, in perpetuity, the
following irrevocable rights-of-way for roads
identified on the map in order to provide for
public access to the subdivisions, the special
use permit land and facilities, the other
leasehold and easement rights and interests of
the Sandia Peak Tram Company and its
affiliates, the Sandia Heights South
Subdivision, and the Area--
(i) a right-of-way for Tramway
Road;
(ii) a right-of-way for Juniper
Hill Road North;
(iii) a right-of-way for Juniper
Hill Road South;
(iv) a right-of-way for Sandia
Heights Road; and
(v) a right-of-way for Juan Tabo
Canyon Road (Forest Road No. 333).
(B) Conditions.--The road rights-of-way
shall be subject to the following conditions:
(i) Such rights-of-way may not be
expanded or otherwise modified without
the Pueblo's written consent, but road
maintenance to the rights-of-way shall
not be subject to Pueblo consent.
(ii) The rights-of-way shall not
authorize uses for any purpose other
than roads without the Pueblo's written
consent.
(iii) Except as provided in the
Settlement Agreement, existing rights-
of-way or leasehold interests and
obligations held by the Sandia Peak
Tram Company and its affiliates, shall
be preserved, protected, and unaffected
by this title.
(2) Utility rights-of-way.--In accordance with the
Pueblo having given its consent in the Settlement
Agreement, the Secretary of the Interior shall grant
irrevocable utility rights-of-way in perpetuity across
Pueblo land to appropriate utility or other service
providers serving Sandia Heights Addition, Sandia
Heights North Units I, II, and 3, the special use
permit land, Tierra Monte, and Valley View Acres,
including rights-of-way for natural gas, power, water,
telecommunications, and cable television services. Such
rights-of-way shall be within existing utility
corridors as depicted on the map or, for certain water
lines, as described in the existing grant of easement
to the Sandia Peak Utility Company: Provided, That use
of water line easements outside the utility corridors
depicted on the map shall not be used for utility
purposes other than water lines and associated
facilities. Except where above-ground facilities
already exist, all new utility facilities shall be
installed underground unless the Pueblo agrees
otherwise. To the extent that enlargement of existing
utility corridors is required for any technologically-
advanced telecommunication, television, or utility
services, the Pueblo shall not unreasonably withhold
agreement to a reasonable enlargement of the easements
described above.
(3) Forest service rights-of-way.--In accordance
with the Pueblo having given its consent in the
Settlement Agreement, the Secretary of the Interior
shall grant to the Forest Service the following
irrevocable rights-of-way in perpetuity for Forest
Service trails crossing land of the Pueblo in order to
provide for public access to the Area and through
Pueblo land--
(A) a right-of-way for a portion of the
Crest Spur Trail (Trail No. 84), crossing a
portion of the La Luz tract, as identified on
the map;
(B) a right-of-way for the extension of the
Foothills Trail (Trail No. 365A), as identified
on the map; and
(C) a right-of-way for that portion of the
Piedra Lisa North-South Trail (Trail No. 135)
crossing the Piedra Lisa tract.
SEC. 410. EXTINGUISHMENT OF CLAIMS.
(a) In General.--Except for the rights and interests in and
to the Area specifically recognized in sections 404, 405, 407,
408, and 409, all Pueblo claims to right, title and interest of
any kind, including aboriginal claims, in and to land within
the Area, any part thereof, and property interests therein, as
well as related boundary, survey, trespass, and monetary damage
claims, are permanently extinguished. The United States' title
to the Area is confirmed.
(b) Subdivisions.--Any Pueblo claims to right, title and
interest of any kind, including aboriginal claims, in and to
the subdivisions and property interests therein (except for
land owned in fee by the Pueblo as of the date of enactment of
this Act), as well as related boundary, survey, trespass, and
monetary damage claims, are permanently extinguished.
(c) Special Use and Crest Facilities Areas.--Any Pueblo
right, title and interest of any kind, including aboriginal
claims, and related boundary, survey, trespass, and monetary
damage claims, are permanently extinguished in and to--
(1) the land described in the special use permit;
and
(2) the land on which the crest facilities are
located.
(d) Pueblo Agreement.--As provided in the Settlement
Agreement, the Pueblo has agreed to the relinquishment and
extinguishment of those claims, rights, titles and interests
extinguished pursuant to subsection (a), (b) and (c).
(e) Consideration.--The recognition of the Pueblo's rights
and interests in this title constitutes adequate consideration
for the Pueblo's agreement to the extinguishment of the
Pueblo's claims in this section and the right-of-way grants
contained in section 409, and it is the intent of Congress that
those rights and interests may only be diminished by a future
Act of Congress specifically authorizing diminishment of such
rights, with express reference to this title.
SEC. 411. CONSTRUCTION.
(a) Strict Construction.--This title recognizes only
enumerated rights and interests, and no additional rights,
interests, obligations, or duties shall be created by
implication.
(b) Existing Rights.--To the extent there exist within the
Area as of the date of enactment of this Act any valid private
property rights associated with private land that are not
otherwise addressed in this title, such rights are not modified
or otherwise affected by this title, nor is the exercise of any
such right subject to the Pueblo's right to withhold consent to
new uses in the Area as set forth in section 405(a)(3)(A).
(c) Not Precedent.--The provisions of this title creating
certain rights and interests in the National Forest System are
uniquely suited to resolve the Pueblo's claim and the
geographic and societal situation involved, and shall not be
construed as precedent for any other situation involving
management of the National Forest System.
(d) Fish and Wildlife.--Except as provided in section
408(b)(2)(B), nothing in this title shall be construed as
affecting the responsibilities of the State of New Mexico with
respect to fish and wildlife, including the regulation of
hunting, fishing, or trapping within the Area.
(e) Federal Land Policy and Management Act.--Section 316 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1746) is amended by adding at the end the following: ``Any
corrections authorized by this section which affect the
boundaries of, or jurisdiction over, land administered by
another Federal agency shall be made only after consultation
with, and the approval of, the head of such other agency.''
SEC. 412. JUDICIAL REVIEW.
(a) Enforcement.--A civil action to enforce the provisions
of this title may be brought to the extent permitted under
chapter 7 of title 5, United States Code. Judicial review shall
be based on the administrative record and subject to the
applicable standard of review set forth in section 706 of title
5, United States Code.
(b) Waiver.--A civil action may be brought against the
Pueblo for declaratory judgment or injunctive relief under this
title, but no money damages, including costs or attorney's
fees, may be imposed on the Pueblo as a result of such judicial
action.
(c) Venue.--Venue for any civil action provided for in this
section, as well as any civil action to contest the
constitutionality of this title, shall lie only in the United
States District Court for the District of New Mexico.
SEC. 413. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND EXCHANGE.
(a) Contributions.--
(1) In general.--The Secretary may accept
contributions from the Pueblo, or from other persons or
governmental entities--
(A) to perform and complete a survey of the
Area; or
(B) to carry out any other project or
activity for the benefit of the Area in
accordance with this title.
(2) Deadline.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall complete
the survey of the Area under paragraph (1)(A).
(b) Land Exchange.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, after consultation with
the Pueblo, the Secretary shall, in accordance with
applicable laws, prepare and offer a land exchange of
National Forest land outside the Area and contiguous to
the northern boundary of the Pueblo's Reservation
within sections 10, 11, and 14 of T12N, R4E, N.M.P.M.,
Sandoval County, New Mexico, excluding wilderness land,
for land owned by the Pueblo in the Evergreen Hills
subdivision in Sandoval County contiguous to National
Forest land, and the La Luz tract in Bernalillo County.
(2) Acceptance of payment.--Notwithstanding section
206(b) of the Federal Land Policy and Management Act
(43 U.S.C. 1716(b)), the Secretary may either make or
accept a cash equalization payment in excess of 25
percent of the total value of the land or interests
transferred out of Federal ownership.
(3) Funds received.--Any funds received by the
Secretary as a result of the exchange shall be
deposited in the fund established under the Act of
December 4, 1967, known as the Sisk Act (16 U.S.C.
484a), and shall be available to purchase non-Federal
land within or adjacent to the National Forests in the
State of New Mexico.
(4) Treatment of land exchanged or conveyed.--All
land exchanged or conveyed to the Pueblo is declared to
be held in trust for the Pueblo by the United States
and added to the Pueblo's Reservation subject to all
existing and outstanding rights and shall remain in its
natural state and shall not be subject to commercial
development of any kind. Land exchanged or conveyed to
the Forest Service shall be subject to all limitations
on use pertaining to the Area under this title.
(5) Failure to make offer.--If the land exchange
offer is not made by the date that is 180 days after
the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources
of the United States Senate and the Committee on
Resources of the United States House of
Representatives, a report explaining the reasons for
the failure to make the offer including an assessment
of the need for any additional legislation that may be
necessary for the exchange. If additional legislation
is not necessary, the Secretary, consistent with this
section, should proceed with the exchange pursuant to
existing law.
(c) Land Acquisition and Other Compensation.--
(1) In general.--The Secretary may acquire land
owned by the Pueblo within the Evergreen Hills
Subdivision in Sandoval County or any other privately
held land inside of the exterior boundaries of the
Area. The boundaries of the Cibola National Forest and
the Area shall be adjusted to encompass any land
acquired pursuant to this section.
(2) Piedra lisa tract.--Subject to the availability
of appropriations, the Secretary shall compensate the
Pueblo for the fair market value of--
(A) the right-of-way established pursuant
to section 409(h)(3)(C); and
(B) the conservation easement established
by the limitations on use of the Piedra Lisa
tract pursuant to section 409(b)(2).
(d) Reimbursement of Certain Costs.--
(1) In general.--The Pueblo, the County of
Bernalillo, New Mexico, and any person that owns or has
owned property inside of the exterior boundaries of the
Area as designated on the map, and who has incurred
actual and direct costs as a result of participating in
the case of Pueblo of Sandia v. Babbitt, Civ. No. 94-
2624 HHG (D.D.C.), or other proceedings directly
related to resolving the issues litigated in that case,
may apply for reimbursement in accordance with this
section. Costs directly related to such participation
which shall qualify for reimbursement shall be--
(A) dues or payments to a homeowner
association for the purpose of legal
representation; and
(B) legal fees and related expenses.
(2) Treatment of reimbursement.--Any reimbursement
provided in this subsection shall be in lieu of that
which might otherwise be available pursuant to the
Equal Access to Justice Act (24 U.S.C. 2412).
(3) Payments.--Subject to the availability of
appropriated funds the Secretary of the Treasury shall
make reimbursement payments as provided in this
section.
(4) Applications.--Not later than 180 days after
the date of enactment of this Act, applications for
reimbursement shall be filed with the Department of the
Treasury, Financial Management Service, Washington,
D.C.
(5) Maximum reimbursement.--No party shall be
reimbursed in excess of $750,000 under this section,
and the total amount reimbursed in accordance with this
section shall not exceed $3,000,000.
SEC. 414. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title, including such sums as are
necessary for the Forest Service to carry out responsibilities
of the Forest Service in accordance with section 413(c).
SEC. 415. EFFECTIVE DATE.
The provisions of this title shall take effect immediately
on enactment of this Act.
TITLE V--NATIONAL FOREST ORGANIZATIONAL CAMP FEE IMPROVEMENT ACT OF
2003
SECTION 501. SHORT TITLE.
This title may be cited as the ``National Forest
Organizational Camp Fee Improvement Act of 2003''.
SEC. 502. 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 provide 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--
(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
of an organizational camp subject to this Act
to another party.
SEC. 503. 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 five 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 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 five
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
five 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. IMPLEMENTATION.
(a) 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 increases in annual land or facility use fees for
organizational camps.
SEC. 505. 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. 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. 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''.
DIVISION G--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS, 2003
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments of
Labor, Health and Human Services, and Education, and related
agencies for the fiscal year ending September 30, 2003, and for
other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Investment Act 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
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 twenty-four 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 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; ofwhich $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.
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, That $2,000,000 shall be for the
development of an alternative system for the electronic
submission of reports required to be filed under the Labor-
Management Reporting and Disclosure Act of 1959, as amended,
and for a computer database of the information for each
submission by whatever means, that is indexed and easily
searchable by the public via the Internet: Provided further,
That the Secretary of Labor is authorized to accept, retain,
and spend, until expended, in the name of the Department of
Labor, all sums of money ordered to be paid to the Secretary of
Labor, in accordance with the terms of the Consent Judgment in
Civil Action No. 91-0027 of the United States District Court
for the District of the Northern Mariana Islands (May 21,
1992): Provided further, That the Secretary of Labor is
authorized to establish and, in accordance with 31 U.S.C. 3302,
collect and deposit in the Treasury fees for processing
applications and issuing certificates under sections 11(d) and
14 of the Fair Labor Standards Act of 1938, as amended (29
U.S.C. 211(d) and 214) and for processing applications and
issuing registrations under title I of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by title 5, chapter 81 of the
United States Code; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees'
Compensation Commission Appropriation Act, 1944; sections 4(c)
and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012);
and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, as amended, $163,000,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
year: Provided, That amounts appropriated may be used under
section 8104 of title 5, United States Code, by the Secretary
of Labor to reimburse an employer, who is not the employer at
the time of injury, for portions of the salary of a reemployed,
disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2002, shall remain
available until expended for the payment of compensation,
benefits, and expenses: Provided further, That in addition
there shall be transferred to this appropriation from the
Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5,
United States Code, to pay an amount for its fair share of the
cost of administration, such sums as the Secretary determines
to be the cost of administration for employees of such fair
share entities through September 30, 2003: Provided further,
That of those funds transferred to this account from the fair
share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $37,657,000 shall be made
available to the Secretary as follows: (1) for the operation of
and enhancement to the automated data processing systems,
including document imaging and conversion to a paperless
office, $24,928,000; (2) for medical bill review and periodic
roll management, $12,027,000; (3) for communications redesign,
$702,000;and (4) the remaining funds shall be paid into the
Treasury as miscellaneous receipts: Provided further, That the
Secretary may require that any person filing a notice of injury or a
claim for benefits under chapter 81 of title 5, United States Code, or
33 U.S.C. 901 et seq., provide as part of such notice and claim, such
identifying information (including Social Security account number) as
such regulations may prescribe.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $104,867,000, to remain
available until expended: Provided, That the Secretary of Labor
is authorized to transfer to any Executive agency with
authority under the Energy Employees Occupational Illness
Compensation Act, including within the Department of Labor,
such sums as may be necessary in fiscal year 2003 to carry out
those authorities: Provided further, That the Secretary may
require that any person filing a claim for benefits under the
Act provide as part of such claim, such identifying information
(including Social Security account number) as may be
prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Beginning in fiscal year 2003 and thereafter, such sums as
may be necessary from the Black Lung Disability Trust Fund, to
remain available until expended, for payment of all benefits
authorized by section 9501(d)(1), (2), (4), and (7) of the
Internal Revenue Code of 1954, as amended; and interest on
advances, as authorized by section 9501(c)(2) of that Act. In
addition, the following amounts shall be available from the
Fund for fiscal year 2003 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): $31,987,000 for transfer to
the Employment Standards Administration, ``Salaries and
Expenses''; $22,952,000 for transfer to Departmental
Management, ``Salaries and Expenses''; $334,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
$356,000 for payments into miscellaneous receipts for the
expenses of the Department of 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; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $750,000 per fiscal year
of training institute course tuition fees, otherwise authorized
by law to be collected, and may utilize such sums for
occupational safety and health training and education grants:
Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary
of Labor is authorized, during the fiscal year ending September
30, 2003, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a,
to administer national and international laboratory recognition
programs that ensure the safety of equipment and products used
by workers in the workplace: Provided further, That none of the
funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer
of 10 or fewer employees who is included within a category
having an occupational injury lost workday case rate, at the
most precise Standard Industrial Classification Code for which
such data are published, less than the national average rate as
such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by such Act with
respect to imminent dangers;
(4) to take any action authorized by such Act with
respect to health hazards;
(5) to take any action authorized by such Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
such Act; and
(6) to take any action authorized by such Act with
respect to complaints of discrimination against
employees for exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does not
maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That not less than $3,200,000
shall be used to extend funding for the Institutional
Competency Building training grants which commenced in
September 2000, for program activities for the period of
September 30, 2003 to September 30, 2004, provided that a
grantee has demonstrated satisfactory performance.
Mine Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $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 up to $1,000,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such sums
for such activities; the Secretary is authorized to accept lands,
buildings, equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health Administration
is authorized to promote health and safety education and training in
the mining community through cooperative programs with States,
industry, and safety associations; and any funds available to the
department may be used, with the approval of the Secretary, to provide
for the costs of mine rescue and survival operations in the event of a
major disaster.
Bureau of Labor Statistics
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$415,855,000, together with not to exceed $72,029,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund; and $2,570,000 which
shall be available for obligation for the period July 1, 2003
through September 30, 2003, for Occupational Employment
Statistics, and $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 Fund: Provided, That no funds made available by this Act
may be used by the Solicitor of Labor to participate in a
review in any United States court of appeals of any decision
made by the Benefits Review Board under section 21 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921)
where such participation is precluded by the decision of the
United States Supreme Court in Director, Office of Workers'
Compensation Programs v. NewportNews 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, That the Appropriations Committees of
both Houses of Congress are notified at least 15 days in
advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by forced
or indentured child labor in industries and host countries
already identified by the U.S. Department of Labor prior to
enactment of this Act.
Sec. 104. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the
Department of Labor to conduct job training of the local
workforce where Denali Commission projects will be constructed.
This title may be cited as the ``Department of Labor
Appropriations Act, 2003''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section 427(a)
of the Federal Coal Mine Health and Safety Act, title V
(including section 510), and sections 1128E and 1820 of the
Social Security Act, the Health Care Quality Improvement Act of
1986, as amended, the Native Hawaiian Health Care Act of 1988,
as amended, the Cardiac Arrest Survival Act of 2000, and the
Poison Control Center Enhancement and Awareness Act,
$6,472,630,000, 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, That amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall
not be expended for any activity (including the publication or
distribution of literature) that in any way tends to promote
public support or opposition to any legislative proposal or
candidate for public office: Provided further, That
$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 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 for 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 Health
Information Center, $1,000,000 is available for Iowa Dept 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, 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 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 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 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.
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.
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.
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.
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.
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 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 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.
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 Stateprograms 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,
$8,643,117,000, of which $43,000,000, to remain available until
September 30, 2004, shall be for grants to States for adoption
incentive payments, as authorized by section 473A of title IV
of the Social Security Act (42 U.S.C. 670-679) and may be made
for adoptions completed in fiscal years 2001 and 2002; of which
$6,667,533,000 shall be for making payments under the Head
Start Act, of which $1,400,000,000 shall become available
October 1, 2003 and remain available through September 30,
2004; and of which $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 the
Secretary shall establish procedures regarding the disposition
of intangible property which permits grant funds, or intangible
assets acquired with funds authorized under section 680 of the
Community Services Block Grant Act, as amended, to become the
sole property of such grantees after a period of not more than
12 years after the end of the grant for purposes and uses
consistent with the original grant: Provided further, That
funds appropriated for section 680(a)(2) of the Community
Services Block Grant Act, as amended, shall be available for
financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $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 OlderAmericans 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 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 Officers
account. For purposes of this Act, the term ``pay of members''
shall be construed to be synonymous with retirement payments to
U.S. Public Health Service officers who are retired for age,
disability, or length of service; payments to survivors of
deceased officers; medical care to active duty and retired
members and dependents and beneficiaries; and for payments to
the Social Security Administration for military service
credits; all of which payments are provided for by the
Retirement Pay and Medical Benefits for Commissioned Officers
account.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to
countering potential biological, disease and chemical threats
to civilian populations, $2,246,680,000: 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. 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 shallbe used to pay the salary of an
individual, through a grant or other extramural mechanism, at a rate in
excess of Executive Level I.
Sec. 205. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or
for other taps and assessments made by any office located in
the Department of Health and Human Services, prior to the
Secretary's preparation and submission of a report to the
Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
Sec. 206. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall
determine, but not more than 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 the Appropriations
Committees of both Houses of Congress are notified at least 15
days in advance of any transfer.
Sec. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes,
centers, and divisions from the total amounts identified by
these two Directors as funding for research pertaining to the
human immunodeficiency virus: Provided, That the Congress is
promptly notified of the transfer.
Sec. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related
to the human immunodeficiency virus, as jointly determined by
the Director of the National Institutes of Health and the
Director of the Office of AIDS Research, shall be made
available to the ``Office of AIDS Research'' account. The
Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be
made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the
decision of minors to seek family planning services and that it
provides counseling to minors on how to resist attempts to
coerce minors into engaging in sexual activities.
Sec. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare+Choice program if the Secretary denies
participation in such program to an otherwise eligible entity
(including a Provider Sponsored Organization) because the
entity informs the Secretary that it will not provide, pay for,
provide coverage of, or provide referrals for abortions:
Provided, That the Secretary shall make appropriate prospective
adjustments to the capitation payment to such an entity (based
on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a
Medicare+Choice organization described in this section shall be
responsible for informing enrollees where to obtain information
about all Medicare covered services.
Sec. 212. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health Service
Act shall be exempt from any State law requiring notification
or the reporting of child abuse, child molestation, sexual
abuse, rape, or incest.
Sec. 213. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167)
is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking
``1997, 1998, 1999, 2000, and 2001'' and
inserting ``1997, 1998, 1999, 2000, 2001, 2002
and 2003''; and
(B) in subsection (e), by striking
``October 1, 2002'' each place it appears and
inserting ``October 1, 2003''; and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``September 30, 2002''
and inserting ``September 30, 2003''.
Sec. 214. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold
substance abuse funding from a State pursuant to section 1926
of the Public Health Service Act (42 U.S.C. 300x-26) if such
State certifies to the Secretary of Health and Human Services
by May 1, 2003 that the State will commit additional State
funds, in accordance with subsection (b), to ensure compliance
with State laws prohibiting the sale of tobacco products to
individuals under 18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's
substance abuse block grant allocation for each percentage
point by which the State misses the retailer compliance rate
goal established by the Secretary of Health and Human Services
under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal
year 2003 for tobacco prevention programs and for compliance
activities at a level that is not less than the level of such
expenditures maintained by the State for fiscal year 2002, and
adding to that level the additional funds for tobacco
compliance activities required under subsection (a). The State
is to submit a report to the Secretary on all fiscal year 2002
State expenditures and all fiscal year 2003 obligations for
tobacco prevention and compliance activities by program
activity by July 31, 2003.
(d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additionalfunds
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 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) The Secretary of Agriculture shall determine
and report to the Secretary, by such date as the
Secretary may require, the amount (if any) of its
allotment under subsection (b) which each State agency
and title VI grantee has elected to receive in the form
of commodities. Such amount shall include an amount
bearing the same ratio to the costs to the Secretary of
Agriculture of providing such commodities under this
subsection as the value of commodities received by such
State agency or title VI grantee under this subsection
bears to the total value of commodities so received.
``(3) From the allotment under subsection (b) for
each State agency and title VI grantee, the Secretary
shall first reimburse the Secretary of Agriculture for
costs of commodities received by such State agency or
grantee under this subsection, and shall then pay the
balance (if any) to such State agency or grantee.'';
(F) in paragraph (4), as redesignated, in
the first sentence, to read as follows: ``Each
State agency shall promptly and equitably
disburse amounts received under this subsection
to recipients of grants and contracts.''; and
(G) in paragraph (5), as redesignated, by
striking ``donation'' and inserting
``provision''.
Sec. 218. Notwithstanding section 409B(c) of the Public
Health Service Act regarding a limitation on the number of such
grants, funds appropriated in this Act may be expended by the
Director of the National Institutes of Health to award Core
Center Grants to encourage the development of innovative
multidisciplinary research and provide training concerning
Parkinson's disease. Each center funded under such grants shall
be designated as a Morris K. Udall Center for Research on
Parkinson's Disease.
Sec. 219. The Supplemental Appropriations Act, 2001
(Public Law 107-20) 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 II, by striking ``$300,000,000'' and inserting in lieu
thereof, ``$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 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 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
thispurpose 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 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.
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 three years:
Provided further, That no State or outlying area awarded funds
under section 101 shall receive less than the amount received
in fiscal year 2002: Provided further, That $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 ofthe 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 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 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 States national security and who
plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That up to one
percent of the funds referred to in the preceding proviso may
be used for program evaluation, national outreach, and
information dissemination activities: 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 one 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 remain available until expended, shall be for building
alterations and related expenses for the modernization of the
Mary E. Switzer Building in Washington, D.C.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $86,276,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $41,000,000.
STUDENT AID ADMINISTRATION
For Federal administrative expenses (in addition to funds
made available under section 458), to carry out part D of title
I, and subparts 1, 3, and 4 of part A, and parts B, C, D and E
of title IV of the Higher Education Act of 1965, as amended,
$105,388,000.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for
the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome
racial imbalance in any school or school system, or for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to carry out a plan
of racial desegregation of any school or school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of
any student to a school other than the school which is nearest
the student's home, except for a student requiring special
education, to the school offering such special education, in
order to comply with title VI of the Civil Rights Act of 1964.
For the purpose of this section an indirect requirement of
transportation of students includes the transportation of
students to carry out a plan involving the reorganization of
the grade structure of schools, the pairing of schools, or the
clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described
in this section does not include the establishment of magnet
schools.
Sec. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(TRANSFER OF FUNDS)
Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for the
Department of Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 per