H.J.Res.2 - Consolidated Appropriations Resolution, 2003108th Congress (2003-2004)
|Sponsor:||Rep. Young, C. W. Bill [R-FL-10] (Introduced 01/07/2003)|
|Committees:||House - Appropriations|
|Committee Reports:||H. Rept. 108-10 (Conference Report)|
|Latest Action:||02/20/2003 Became Public Law No: 108-7.|
|Major Recorded Votes:||02/13/2003 : Resolving Differences; 02/13/2003 : Resolving Differences; 01/23/2003 : Passed Senate|
|Notes:||Consolidated Appropriations Resolution FY2003 [Agriculture, Commerce-Justice-State, District of Columbia, Energy and Water Development, Foreign Operations, Interior, Labor-HHS-Education, Legislative Branch, Transportation, Treasury-Postal Service, VA-HUD]. Conference report printed in the Congressional Record, pages H707-1276 [text & joint explanatory statement]. Comparative statement of new budget (obligational) authority at pages H560-658. Use PDF links for inserted tables. Original 107th Congress bill numbers are listed in the THOMAS FY2003 appropriations bills list.|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Summary: H.J.Res.2 — 108th Congress (2003-2004)All Bill Information (Except Text)
(This measure has not been amended since the Conference Report was filed in the House on February 13, 2003. The summary of that version is repeated here.)
Public Law (02/20/2003)
Consolidated Appropriations Resolution, 2003 - Division A: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Programs Appropriations, 2003 - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2003 - Title I: Agricultural Programs - Appropriates funds for FY 2003 for the following Department of Agriculture (Department) programs and services: (1) Office of the Secretary of Agriculture (Secretary); (2) executive operations; (3) Office of the Chief Financial Officer; (4) Office of the Assistant Secretary for Civil Rights; (5) Office of the Assistant Secretary for Administration; (6) agriculture buildings and facilities and rental payments; (7) hazardous materials management; (8) departmental administration; (9) Office of the Assistant Secretary for Congressional Relations; (10) Office of Communications; (11) Office of the Inspector General; (12) Office of the General Counsel; (13) Office of the Under Secretary for Research, Education, and Economics; (14) Economic Research Service; (15) National Agricultural Statistics Service; (16) Agricultural Research Service; (17) Cooperative State Research, Education, and Extension Service; (18) Office of the Under Secretary for Marketing and Regulatory Programs; (19) Animal and Plant Health Inspection Service; (20) Agricultural Marketing Service; (21) Grain Inspection, Packers and Stockyards Administration; (22) Office of the Under Secretary for Food Safety; (23) Food Safety and Inspection Service; (24) Office of the Under Secretary for Farm and Foreign Agricultural Services; (25) Farm Service Agency; (26) Risk Management Agency; (27) Federal Crop Insurance Corporation Fund; and (28) Commodity Credit Corporation Fund.
Title II: Conservation Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Natural Resources and Environment; and (2) Natural Resources Conservation Service.
Title III: Rural Development Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development; (2) rural development salaries and expenses; (3) Rural Housing Service; (4) Rural Business-Cooperative Service; and (5) Rural Utilities Service.
Title IV: Domestic Food Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; and (2) Food and Nutrition Service.
Title V: Foreign Assistance and Related Programs - Appropriates funds for the following: (1) Foreign Agricultural Service; (2) Public Law 480 program account, title I ocean freight differential grants, and title II grants; and (3) Commodity Credit Corporation export loans program account.
Title VI: Related Agencies and Food and Drug Administration- Appropriates funds for the following: (1) Food and Drug Administration (FDA); (2) Commodity Futures Trading Commission; and (3) Farm Credit Administration.
Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 713) Authorizes cooperative agreements among the 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.
(Sec. 716) Prohibits the use of funds under this Act for the Safe Meat and Poultry Inspection Panel.
(Sec. 721) Prohibits the use of funds under this Act for the initiative for future agriculture and food systems, with an exception for administration of grants and obligations made before November 28, 2001.
(Sec. 722) Prohibits FDA fund use to reduce the FDA District Office in Detroit, Michigan, below specified staffing levels. Stipulates that such provision shall not apply to FDA field laboratory facilities in Detroit, except that such personnel shall be assigned to Detroit-vicinity facilities.
(Sec. 724) Prohibits fund use to relocate a State Rural Development office unless cost and operation effective.
(Sec. 725) Obligates specified amounts of agricultural commodities to assist foreign countries mitigate the effects of HIV and AIDS.
(Sec. 726) Makes additional appropriations for Bill Emerson and Mickey Leland Hunger Fellowships.
(Sec. 727) Provides that any balances available to carry out Title III of the Agricultural Trade Development and Assistance Act of 1954, and any recoveries and reimbursements that become available, may be used to carry out Title II of such Act.
(Sec. 728) Amends the Consolidated Farm and Rural Development Act to increase obligated funding for the national sheep industry improvement center revolving fund.
(Sec. 729) Makes the following cities eligible for the rural community advancement program: (1) Coachella, California; (2) Dunkirk, New York; (3) Starkville, Mississippi; (4) Shawnee, Oklahoma; and (5) Berlin, New Hampshire.
(Sec. 730) Considers the following cities as meeting the requirements of a rural area under the rural housing provisions of the Housing Act of 1949: (1) Hollister, Salinas, and Watsonville, California; (2) Caldwell, Idaho; (3) Casa Grande, Arizona; (4) Aberdeen, South Dakota; and (5) Vicksburg, Mississippi.
(Sec.731) Directs the Natural Resources Conservation Service to provide specified watershed and flood prevention assistance to the DuPage County, Illinois, Waynewood drainage improvement project.
(Sec. 732) Makes any current Rural Utilities Service borrower within 100 miles of New York City eligible for certain assistance related to the terrorist events of September 11, 2001.
(Sec. 733) Prohibits funds made available under this Act from being transferred to any Federal entity unless authorized by an appropriations Act.
(Sec. 734) Prohibits the use of funds under this Act to close or relocate the FDA Division of Pharmaceutical Analysis in Saint Louis, Missouri, outside the city or county limits.
(Sec. 735) Amends the Richard B. Russell National School Lunch Act with respect to the definition of "institution" for purposes of child care food program eligibility for private organizations providing nonresidential child care outside of school hours.
(Sec. 736) Directs the Natural Resources Conservation Service to provide financial and technical assistance from specified funds for projects in: (1) the Embarras River Basin, Lake County Watersheds, and DuPage County, Illinois; and (2) the Upper Tygart Valley Watershed, West Virginia.
(Sec. 737) Authorizes the Secretary to use up to 20 percent of competitive research funds under this Act for a competitive grants program similar to the initiative for future agriculture and food systems.
(Sec. 739) Authorizes the Department to use any unobligated salaries and expense funds to reimburse the Office of General Counsel for representing its agencies and offices in employee complaints before the Equal Employment Opportunity Commission and other employment dispute agencies. (Sec. 740) Prohibits the use of funds under this Act to carry out Commodity Credit Corporation (CCC)-funded rehabilitation of certain dams.
(Sec. 741) Prohibits fund use to carry out the rural strategic investment program under the Consolidated Farm and Rural Development Act.
(Sec. 742) Prohibits the use of funds under this Act to carry out the rural firefighters and emergency personnel grant program.
(Sec. 743) Limits the amount of funds available to carry out the bioenergy program.
(Sec. 744) Authorizes the Natural Resources Conservation Service to provide financial and technical assistance through the watershed and flood prevention operations program for: (1) the Kuhn Bayou (Point Remove) project, Arkansas; and (2) the Matanushka River erosion project, Alaska.
(Sec. 745) Amends the Food for Progress Act of 1985 to provide for the use of private voluntary organizations and other private entities to carry out the program of commodity assistance to developing countries and emerging democracies that are seeking to develop free market institutions. (Sec. 746) Rescinds specified cooperative State research, education, and extension service, buildings and facilities appropriation funds under P.L.104-180.
(Sec. 747) Limits funds made available in FY 2003 or preceding fiscal years under the Agricultural Trade Development and Assistance Act of 1954 to reimburse CCC for the release of certain commodities under the Bill Emerson Humanitarian Trust Act.
(Sec. 748) Authorizes the Natural Resources Conservation Service to provide financial and technical assistance to: (1) the Dry Creek/Neff's Grove project, Utah; and (2) the Jefferson River Watershed, Montana.
(Sec. 749) Authorizes the Secretary to make direct payments to the Denali Commission to address solid waste disposal problems which threaten to contaminate rural drinking water supplies.
(Sec. 750) Rescinds specified FY 2003 funds for the experimental rural clean water program.
(Sec. 751) Authorizes: (1) the Secretary to make loans and grants to expand Alaska's dairy industry and related milk processing and packaging facilities; and (2) FY 2003 through 2007 appropriations. (Sec. 752) Authorizes the Secretary to waive the farmland protection program matching fund requirement with respect to the farm formerly operated by American Airlines pilot John Ogonowski. Limits program funds to such land's appraised fair market value.
(Sec. 753) Authorizes the Secretary to permit Department employees to carry and use firearms for personal protection in remote locations in the performance of their official duties.
(Sec. 754) Limits the availability of FY 2003 funds for the export enhancement program.
(Sec. 755) Makes Carolina, Puerto Rico, eligible for Rural Utilities Service grants and loans.
(Sec. 756) Prohibits the use of funds under this Act to carry out a review of the Agricultural Research Service, as provided for by the Farm Security and Rural Investment Act of 2002.
(Sec. 757) States that the Agricultural Marketing Service and the Grain Inspection, Packers and Stockyards Administration shall not be required to establish obligations and outlays for purchases of interest bearing investments outside of the Treasury under specified circumstances.
(Sec. 758) Authorizes the Secretary to use specified food stamp funds for commodity processing, storage, transporting, and distribution.
(Sec. 759) Limits wetlands reserve program enrollment acreage for 2003.
(Sec. 760) Limits funds for the environmental quality incentives program.
(Sec. 761) Directs the Secretary, with lender consent, to structure the annual fee payment schedule with respect to rural electrification and telephone bond and loan guarantees, so as not to exceed an average of 30 basis points per year for the term of the loan, in order to ensure fund availability to pay related subsidy costs. (Sec. 762) Appropriates additional funds (to be available through FY 2004) for emergency relief activities.
(Sec. 763) Amends the Farm Security and Rural Investment Act of 2002 to include crambe and sesame seeds within the definition of "other oilseeds."
Itemizes such oilseeds and applies the same marketing assistance loan rate and the same loan deficiency payment rate to each of them. Directs the Secretary to establish a single county loan rate for each "other oilseed."
Sets forth: (1) quality-based loan and loan repayment rates for dry peas, lentils, and small chickpeas; and (2) a marketing assistance loan repayment rate for confectionary and other sunflower seeds.
(Sec. 764) Directs the Secretary to make a grant from FY 2003 Federal Crop Insurance Act funds to the Northeast Center for Food Entrepreneurship at the University of Vermont for value-added projects that contribute to agricultural diversification.
(Sec. 765) Amends the Agricultural Adjustment Act of 1938 with respect to tobacco farm marketing quotas and related implementing regulations.
(Sec. 766) Amends the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001, with respect to the rural housing insurance fund program account, to permit remaining demonstration program funds to be used within the State in which the program is carried out for rural dwelling improvement grants and loans, beginning in FY 2003.
(Sec. 767) Considers, as of October 1, 2003, acreage planted to, or prevented from being planted to, popcorn to be corn acreage for base and payment acres and payment yield determinations (for direct and counter-cyclical payment purposes).
(Sec. 768) Rescinds specified amounts for the mutual and self-help housing program.
(Sec. 769) Exempts specified amounts under the special supplemental nutrition program for women, infants, and children (WIC) from a certain across-the-board rescission under this Act.
(Sec. 770) Prohibits funds from being used, during the 180-day period beginning on the date of enactment of this Act, to: (1) amend a licensing agreement for a grain warehouse (excluding rice) under the United States Warehouse Act; or (2) issue a new license for a grain warehouse (excluding rice) unless the warehouse does not hold a Federal or State operating license, and the new licensing agreement conforms to specified requirements in effect on January 1, 2003.
(Sec. 771) Prohibits the use of funds under this Act to require that a farm satisfy certain animal production practices under the Organic Foods Production Act of 1990 in order to be certified as an organic farm (with respect to livestock) unless a certain report prepared by the Secretary confirms the commercial availability of organically produced feed, at not more than twice the cost of conventionally produced feed, to meet current market demands.
Division B: Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations, 2003 - Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2003 - Title I: Department of Justice - Department of Justice Appropriations Act, 2003 - Makes appropriations for the Department of Justice (DOJ) for FY 2003 for: (1) general administration, including for a Joint Automated Booking System, an automated biometric identification system, conversion to narrowband communications, counterterrorism activities, administration of pardon and clemency petitions and immigration-related activities, and expenses of the Federal Detention Trustee and the Office of Inspector General; (2) the U.S. Parole Commission; (3) legal activities, including for antitrust activities, office automation, the Offices of U.S. Attorneys, the U.S. Trustee Program, the Foreign Claims Settlement Commission, the U.S. Marshals Service (including amounts for vehicles and courthouse security equipment), fees and expenses of witnesses, the Community Relations Service, and certain uses of the Assets Forfeiture Fund; (4) interagency law enforcement with respect to organized crime drug trafficking; (5) the Federal Bureau of Investigation (FBI); (6) the Foreign Terrorist Tracking Task Force; (7) the Drug Enforcement Administration; (8) the Immigration and Naturalization Service (INS); (9) the Federal prison system; and (10) Office of Justice programs, including for domestic preparedness and State and local law enforcement assistance (including for a prescription drug monitoring program, prison rape prevention and prosecution programs, and terrorism prevention and response training for law enforcement and other responders), the Executive Office for Weed and Seed, community oriented policing services, juvenile justice programs, and public safety officers' benefits.
Sets forth authorized uses of, and limitations on, such funds.
(Sec. 102) Prohibits the use of funds appropriated by this title to: (1) pay for abortions, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape; or (2) require any person to perform or facilitate an abortion.
(Sec. 105) Makes funds available to establish and publicize an extraordinary rewards program.
(Sec. 107) Provides for the continuation during FY 2003 of provisions directing the Attorney General to provide for the granting of posthumous citizenship for certain non-citizens who died as the result of injuries incurred in the September 11, 2001, terrorist attacks.
(Sec. 108) Amends the Immigration and Nationality Act (INA) to require the Attorney General to charge and collect a three dollar entry fee on commercial vessel passengers, with an exception for designated ports of entry passengers arriving by ferry or by Great Lakes and connecting waterways when operating on a regular schedule.
(Sec. 109) Requires the Director of the FBI to appoint a standing advisory panel to study the research, development, and application of existing and emerging science and technology advances.
(Sec. 111) Establishes a DOJ law enforcement training facility located on a portion of the former Charleston Naval Base, South Carolina, as a permanent training facility.
(Sec. 112) Directs the Attorney General to provide to the Appropriations Committees by March 1, 2003, all National Security Entry Exit Registration System documents and materials: (1) used in the creation of the System; (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 those required to register; (4) regarding future plans to expand the System; (5) explaining whether DOJ consulted with other Federal agencies in developing the System; (6) concerning policy directives or guidance issued to officials about implementing the System; (7) explaining why certain INS District Offices detained persons with pending status-adjustment applications; and (8) explaining how information gathered during interviews of registrants will be stored, used, or transmitted to other Federal, State, or local agencies.
Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 2003 - Makes appropriations for the Department of Commerce for FY 2003 for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) the International Trade Administration; (4) export administration and national security activities; (5) the Economic Development Administration; (6) the Minority Business Development Agency; (7) economic and statistical analysis programs; (8) the Bureau of the Census; (9) the National Telecommunications and Information Administration; (10) public telecommunications facilities planning and construction grants; (11) information infrastructure grants; (12) the U.S. Patent and Trademark Office; (13) the Under Secretary for Technology/Office of Technology Policy; (14) the National Institute of Standards and Technology, including amounts for the Manufacturing Extension Partnership and for construction of new research facilities; (15) the National Oceanic and Atmospheric Administration (NOAA), including designation of a National Marine Fisheries Service Regional Office for the Pacific Area and an amount for procurement, acquisition, and construction of capital assets; (16) restoration of Pacific salmon populations and implementation of the 1999 Pacific Salmon Treaty Agreement; (17) the Fishermen's Contingency Fund; (18) the Foreign Fishing Observer Fund; (19) the fisheries finance program account; and (20) departmental management, including for the Office of Inspector General.
Sets forth authorized uses of, and limitations on, such funds.
(Sec. 201) Allows the use, during the current fiscal year, of 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. 203) Prohibits the use of funds made available by this Act to support hurricane reconnaissance aircraft and activities that are under the control of the U.S. Air Force or Air Force Reserve.
(Sec. 204) Requires the Secretary to notify the Appropriations Committees at least 15 days in advance of the acquisition or disposal of any capital asset not specifically provided for in this or any other Commerce, Justice, State Appropriations Act.
(Sec. 206) Authorizes the Secretary to: (1) award contracts for hydrographic, geodetic, and photogrammetric surveying and mapping services; and (2) 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.
(Sec. 208) Appropriates specified amounts of funds available to National Institute of Standards and Technology, Construction of Research Facilities: (1) to fund a cooperative agreement with the Medical University of South Carolina; (2) to the Thayer School of Engineering for the nanocrystalline materials and biomass research initiative; (3) to the Institute for Information Infrastructure Protection at the Institute for Security Technology Studies; (4) for the Institute for Politics; and (5) to the Franklin Pierce Manse.
(Sec. 209) Provides funds to develop an Alaska seafood marketing program.
(Sec. 210) Establishes the United States Travel and Tourism Promotion Advisory Board.
(Sec. 211) Sets forth provisions regarding the eligibility of two foreign-built cruise ships to engage in service between and among the islands of Hawaii.
(Sec. 212) Directs the Secretary to implement a fishing capacity reduction program for the West Coast groundfish fishery.
(Sec. 214) Authorizes NOAA to enter into a lease arrangement to relocate the National Weather Service Forecasting Office in League City, Texas, to a Galveston County facility in exchange for the use by that County of the existing Forecasting Office.
Title III: The Judiciary - Judiciary Appropriations Act, 2003 - Makes FY 2003 appropriations for: (1) the Supreme Court, including an amount for care of the building and grounds; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services, including for defender services, fees of jurors and commissioners and court security; (5) the Administrative Office of the U.S. Courts; (6) the Federal Judicial Center; (7) judicial retirement funds; and (8) the U.S. Sentencing Commission.
Sets forth authorized uses of, and limitations on, such funds.
(Sec. 303) Allows up to $11,000 of salaries and expenses provided in this title to be used for official representation expenses of the Judicial Conference of the United States.
Title IV: Department of State and Related Agency - Department of State and Related Agency Appropriations Act, 2003 - Makes appropriations for the Department of State for FY 2003 for: (1) administration of foreign affairs, diplomatic and consular programs, including for grants to the participating organizations in the War Against Trafficking Alliance for activities and services related to an international conference on sex trafficking, and for appointment of an advisory panel regarding U.S. relations with Sub-Saharan Africa; (2) the Capital Investment Fund; (3) the Office of Inspector General; (4) educational and cultural exchange programs; (5) representation allowances; (6) protection of foreign missions and officials; (7) U.S. embassy security, construction, and maintenance; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, conferences, peacekeeping, and commissions; (13) the International Boundary and Water Commission, United States and Mexico; (14) the Asia Foundation; (15) the Eisenhower Exchange Fellowships, Incorporated; (16) the Israeli Arab Scholarship Program; (17) the Center for Cultural and Technical Interchange Between East and West, Hawaii; and (18) the National Endowment for Democracy.
Makes appropriations for the Broadcasting Board of Governors for FY 2003 for international broadcasting operations (including broadcasting to Cuba) and capital improvements.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 403) Bars the use of funds made available in this Act by the Department of State or the Broadcasting Board of Governors to provide assistance to the Palestinian Broadcasting Corporation.
(Sec. 404) Directs the Secretary of State, for purposes of registration of birth, certification of nationality, or issuance of a passport of a U.S. citizen born in Jerusalem, to record the place of birth as Israel.
(Sec. 406) Directs the Interagency Task Force to Monitor and Combat Trafficking to establish a Senior Policy Operating Group, chaired by the Director of the Office to Monitor and Combat Trafficking of the Department of State.
Title V: Related Agencies - Appropriates FY 2003 funds for the Department of Transportation for: (1) a U.S.-flag merchant fleet to serve the national security needs of the United States; (2) United States Maritime Administration operations and training activities and for capital improvements at the U.S. Merchant Marine Academy; (3) disposal of obsolete vessels in the National Defense Reserve Fleet; and (4) Maritime Administration guaranteed loans.
Appropriates FY 2003 funds for salaries and specified expenses, with restrictions in certain cases, for: (1) the Commission for the Preservation of America's Heritage Abroad for salaries and expenses; (2) the Commission on Civil Rights; (3) the United States Commission on International Religious Freedom; (4) the Commission on Ocean Policy; (5) the Commission on Security and Cooperation in Europe; (6) the Congressional-Executive Commission on the People's Republic of China; (7) the Equal Employment Opportunity Commission (EEOC); (8) the Federal Communications Commission; (9) the Federal Maritime Commission; (10) the Federal Trade Commission; (11) the Legal Services Corporation; (12) the Marine Mammal Commission; (13) the National Veterans Business Development Corporation; (14) the Securities and Exchange Commission; (15) the Small Business Administration (SBA), including the Office of Inspector General; and (16) the State Justice Institute.
Title VI: General Provisions - (Sec. 601) Prohibits the use of appropriations for publicity or propaganda purposes not authorized by Congress.
(Sec. 603) Limits expenditures for any consulting service through procurement contract to contracts where expenditures are a matter of public record and available for public inspection, with exceptions.
(Sec. 605) Prohibits funds provided under this Act, funds provided under previous appropriations laws to the agencies funded by this Act that remain available for obligation or for expenditure in FY 2003, or funds provided from any accounts in the Treasury derived by the collection of fees available to such agencies from being available for obligation or expenditure through a reprogramming of funds that creates new programs, eliminates a program, project, or activity, increases funds or personnel by any means for any project or activity for which funds have been denied or restricted, relocates an office or employees, reorganizes offices, programs, or activities, or contracts out or privatizes any functions or activities presently performed by Federal employees, unless the appropriations committees of both Houses of Congress are notified in advance.
Prohibits, without such advance notification, the availability of funds provided under this Act or previous appropriations laws or derived from the collection of fees for activities, programs, and projects through a reprogramming of funds in excess of $500,000 or ten percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by ten percent funding for any existing program, project, or activity or numbers of personnel 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.
(Sec. 606) Bans the use of funds in this Act for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the NOAA in shipyards outside the United States.
(Sec. 607) Expresses the sense of Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made.
Makes ineligible to receive any contract or subcontract made with funds in this Act, pursuant to current debarment, suspension, and ineligibility procedures, any person determined to have intentionally affixed a fraudulent "Made in America" label to any product sold or shipped to the United States.
(Sec. 608) Prohibits the use of funds in this Act to implement, administer, or enforce any EEOC guidelines 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 certain proposed guidelines.
(Sec. 609) Prohibits the use of funds made available by this Act for any United Nations (UN) peacekeeping mission that will involve U.S. armed forces under the command or operational control of a foreign national if the President's military advisors have not recommended such involvement in the national security interests and the President has not made such recommendation to Congress.
(Sec. 612) Requires 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 to be absorbed within the total budgetary resources available to such department or agency, with reprogramming in specified circumstances.
(Sec. 613) Limits to only 90 percent of the amount to be awarded under the Local Law Enforcement Block Grant the amount of any such grant to an entity that does not provide health insurance benefits to a public safety officer who retires or is separated from service due to injury suffered directly and proximately in the line of duty while responding to an emergency situation or a hot pursuit that are the same or better than the benefits such officer received while on duty.
(Sec. 614) Prohibits the use of funds in this Act 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. 616) Prohibits the use of funds in this Act for: (1) the implementation of any tax or fee in connection with the implementation of the national instant criminal background check system for firearms; and (2) any system to implement such background check system 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) Provides that amounts deposited or available in the Crime Victims Fund in any fiscal year in excess of $600 million shall not be available for obligation until the following fiscal year, except for certain emergency appropriations.
(Sec. 618) Prohibits the use of funds made available in this Act to DOJ to discriminate against, or to denigrate the religious or moral beliefs of, students who participate in programs for which financial assistance is provided from those funds or their parents or legal guardians.
(Sec. 619) Bans the availability of funds under this Act for the purpose of granting immigrant or nonimmigrant visas 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 INA. Requires the Attorney General to notify the Secretary of State whenever 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 INA.
(Sec. 620) Prohibits the use of funds made available in this Act to DOJ to transport a maximum or high security prisoner to a place other than a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure.
(Sec. 621) Prohibits the use of funds under this Act by Federal prisons to purchase audiovisual or electronic equipment used primarily for recreational purposes.
(Sec. 623) Makes funds available for the Departments of Commerce, Justice, and State, the Judiciary, and the SBA to implement telecommuting programs. Directs each Department or agency to designate a Telework Coordinator.
Title VII: Rescissions - Rescinds specified prior year appropriation amounts from: (1) the Working Capital Fund; (2) DOJ for the Assets Forfeiture Fund; (3) INS; (4) the Department of Commerce for NOAA (coastal impact assistance) and for the Emergency Oil and Gas Guaranteed Loan Program Account; (5) the Federal Communications Commission; and (6) the Small Business Administration for salaries and expenses and for the Business Loans Program Account.
Division C: District of Columbia Appropriations, 2003 - District of Columbia Appropriations Act, 2003 - Title I: Federal Funds - Makes appropriations to the District of Columbia for FY 2003 (with limitations in certain cases) for: (1) District of Columbia Resident Tuition Support; (2) emergency planning and security costs; (3) hospital bioterrorism preparedness; (4) District of Columbia Courts; (5) Defender Services; (6) the Court Services and Offender Supervision Agency (including transfer of funds); (7) the District of Columbia Department of Transportation; (8) the Chief Financial Officer of the District of Columbia; (9) waterfront improvements; (10) asbestos remediation; (11) the fire and emergency medical services department; (12) special education; (13) the family literacy program; (14) the District of Columbia water and sewer authority; (15) the Anacostia waterfront initiative; (16) capital development; and (17) public charter school facilities.
Title II: District of Columbia Funds Operating Expenses - Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) operating expenses (with limitations); (2) governmental direction and support; (3) economic development and regulation; (4) public safety and justice; (5) the public education system (including transfer of funds); (6) human support services (including transfer of funds); (7) public works; (8) the budget reserve; (9) the Emergency and Contingency Reserve Funds; (10) repayment of certain loans and interest; (11) repayment of General Fund Recovery Debt; (12) payment of interest on short-term borrowing; (13) certificates of participation; (14) settlements and judgments; (15) the John A. Wilson Building; (16) workforce investments; (17) for certain non-departmental agency costs; (15) emergency planning and security costs; (16) the Water and Sewer Authority; (17) the Washington Aqueduct; (18) the Stormwater Permit Compliance Enterprise Fund; (19) the Lottery and Charitable Games Enterprise Fund; (20) the Sports and Entertainment Commission; (21) the District of Columbia Retirement Board; (22) the Washington Convention Center Enterprise Fund; (23) the National Capital Revitalization Corporation; and (24) capital outlay (including rescissions).
Title III: General Provisions - Sets forth authorizations as well as limitations and prohibitions on the uses of appropriations under this Act, and directives to the Mayor, the Council, and the Board of Education identical with or similar to those in the District of Columbia Appropriations Act, 2001.
(Sec. 107) Allows the District of Columbia to 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 or voting representation in Congress for the District. States that nothing in this Act may be construed to prohibit any elected official from advocating with respect to these issues.
(Sec. 112) Requires the Mayor to submit to the D.C. Council and the Committees on Appropriations the new FY 2003 revenue estimates as of the end of the first quarter, to be used in the budget request for FY 2004.
(Sec. 117) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest.
(Sec. 118) Bars the use of funds under this Act to implement or enforce: (1) the District of Columbia Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) any system of registration of unmarried, cohabiting couples for purposes of extending them benefits on the same basis as such benefits are extended to legally married couples.
(Sec. 123) Prohibits the use of Federal funds contained in this Act: (1) by the District of Columbia Corporation Counsel or any other District government officer or entity 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; (2) for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug (requiring individuals or entities who do so to account for all funds used for such program separately from any funds contained in this Act); or (3) 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 or any tetrahydrocannabinols (THC) derivative.
(Sec. 126) Provides that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect.
(Sec. 127) Provides that nothing in this Act may be construed to prevent the Council from addressing the issue of the provision of contraceptive coverage by health insurance plans. Expresses 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) Requires the Superior Court of the District of Columbia or the District of Columbia Court of Appeals to assign interest on a voucher submitted by a court-appointed attorney for payment if the voucher is not paid within 45 days of its submission.
(Sec. 131) Prohibits funds appropriated in this Act from being 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). (The Commission ordered the Boy Scouts of America to reinstate two gay troop leaders and pay them $50,000 each, as well as all attorney's fees and court costs.)
(Sec. 132) Prohibits funds made available in this Act from being transferred to any department, agency, or instrumentality of the U.S. Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.
(Sec. 134) Requires all funds from the Crime Victims Compensation Fund that are designated for outreach activities pursuant to the Victims of Violent Crime Compensation Act of 1996, to be deposited into the Crime Victims Assistance Fund for purposes of outreach activities, and to remain available until expended.
(Sec. 135) Directs the District of Columbia Courts to transfer to the general treasury of the District all fines levied and collected by the Courts in cases charging Driving Under The Influence and Driving While Impaired. Requires the transferred funds to remain available until expended and to be used by the Office of the Corporation Counsel for enforcement and prosecution of District traffic alcohol laws in accordance with the District of Columbia Traffic Control Act.
(Sec. 136) Amends the District of Columbia Code to specify requirements for the reprogramming of amounts in the D.C. annual budget after its adoption for any fiscal year that is not a control year.
(Sec. 137) Provides that, 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. Requires these amounts to be available for use by OLRCB to reimburse the cost of providing the representation.
(Sec. 138) Amends the District of Columbia code to allow non-judicial District of Columbia court employees to participate in the Federal long-term care insurance program.
(Sec. 139) Transfers to the District of Columbia Child and Family Services Agency for child abuse services $560,000 of any amount appropriated as a Federal payment to the District of Columbia Courts in the District of Columbia Appropriations Act, 2002 that remains available through FY 2003.
(Sec. 140) Requires the Comptroller General to submit to the congressional appropriations committees 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) Requires the Mayor and the Chairman of the DC Council to conduct an assessment of all buildings currently held in surplus and those that might be made available within one year of the date of enactment of this Act.
(Sec. 142) Requires the Mayor to establish and fulfill specified performance measures in administering funds provided under the heading "Federal Payment for Incentives for Adoption of Children" in Public Law 106-113.
(Sec. 143) Establishes within the District of Columbia: (1) an Office of Public Charter School Financing and Support under the authority of the Department of Banking and Financial Institutions to administer the credit enhancement fund for public charter schools under the Student Loan Marketing Association Reorganization Act of 1996; and (2) a Direct Loan Fund for Charter School Improvement.
(Sec. 144) Prohibits the availability of funds contained in this Act to pay: (1) in excess of $4,000 any 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; 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) Directs the Chief Financial Officer of the District of Columbia to 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 he or she receives an award, including any received under a settlement agreement or as part of an administrative proceeding, under the IDEA from the District of Columbia, with certain conditions.
(Sec. 146) Amends the District of Columbia School Reform Act of 1995 to: (1) redesignate the New Charter School Fund as the Charter School Fund; and (2) provide that $5 million from such Fund shall be deposited into the credit enhancement revolving fund established pursuant to the Student Loan Marketing Association Reorganization Act of 1996.
Division D: Energy and Water Development Appropriations, 2003 - Energy and Water Development Appropriations Act, 2003 - Title I: Department of Defense-Civil - Makes FY 2003 appropriations to the Department of the Army and its Corps of Engineers for: (1) civil functions relating to rivers and harbors, flood control, and shore protection; (2) certain flood control projects on the Mississippi River and its tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee; (3) the navigable waters and wetlands regulatory program; (4) flood control and coastal emergencies; (5) formerly utilized sites remedial action program; and (6) general expenses of the Office of Chief of Engineers.
(Sec. 101) Limits to specified credits and reimbursements per project any agreements proposed for execution by either the Assistant Secretary of the Army for Civil Works or the United States Army Corps of Engineers after enactment of this Act.
(Sec. 102) Bars funds from being used: (1) by the U.S. Army Corps of Engineers to support activities related to the Chicago Harbor Visitors Center, including reconnaissance and feasibility studies, planning, engineering and design; or (2) to implement any activity related to closure or removal of the St. Georges Bridge across the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland.
(Sec. 104) Increases the authorization of appropriations for environmental assistance to non-Federal interests in rural Nevada.
(Sec. 105) Increases funds for St. Paul Island Harbor, St. Paul, Alaska, and for Abiquiu Dam, New Mexico.
(Sec. 107) Modifies the flood control project for Las Vegas Wash and Tributaries (Flamingo and Tropicana Washes), Nevada, to include channel crossings necessary for highways and roads as shown on a certain Clark County Comprehensive Plan Transportation Element.
(Sec. 108) Modifies the Atlantic Intracoastal Waterway bridge replacement project at Great Bridge, Chesapeake, Virginia, to authorize the Secretary of the Army to construct it at a specified estimated cost.
(Sec. 109) Prohibits appropriations from being used to study or implement any plans for privatizing, divesting or transferring 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) Authorizes the Secretary of the Army to construct, at specified cost, the flood control projects for: (1) Terminus Dam, Kaweah River, California; (2) Little Calumet River Basin (Cady Marsh Ditch), Indiana.
(Sec. 112) Declares that the non-Federal interest shall receive credit toward the non-Federal share of the cost of the feasibility study for work integral to the study performed before 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.
(Sec. 113) Instructs the Secretary of the Army to: (1) 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 if the Secretary determines such work integral to the project; (2) implement the project for inland navigation, Chickamauga Lock and Dam, Tennessee, including construction of a 110-foot by 600-foot replacement lock at specified total cost; (3) conduct a study for a flood damage reduction project for the James River, Greene County, Missouri.
(Sec. 116) Increases funding for the Amite River and Tributaries, Louisiana.
(Sec. 117) Bars the U.S. Army Corps of Engineers from supporting activities related to the proposed Ridge Landfill in Tuscarawas County, Ohio.
(Sec. 118) Amends the Water Resources Development Act of 1999 to increase the total project cost for the navigation project at Brunswick Harbor, Georgia.
(Sec. 119) Authorizes the Secretary of the Army, subject to certain conditions, to credit toward the non-Federal share of the cost of the Savannah Harbor Expansion, Georgia, project, an amount equal to the Federal share of the costs incurred by the non-Federal interests subsequent to project authorization.
(Sec. 120) Directs the Secretary of the Army to: (1) credit toward the non-Federal share of the cost of the aquatic ecosystem restoration project for Rose Bay, Volusia County, Florida, the costs incurred by the Florida Department of Transportation in constructing that portion of the U.S. Highway 1 bridge that the Secretary determines is required for the proper functioning of the project; and (2) 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) States that the non-Federal sponsor shall receive credit in an amount not to exceed $10 million toward its share of the cost of the Des Moines Recreational River and Greenbelt, Iowa, projects for work performed by the sponsor, subject to specified conditions.
(Sec. 123) Authorizes the Secretary of the Army to construct the flood damage reduction project, Turkey Creek Basin, Kansas City, Missouri, and Kansas City, Kansas, in accordance with recommendations in a final report of the Chief of Engineers, subject to specified conditions.
(Sec. 124) Directs the Secretary of the Army to: (1) design and construct at full Federal expense all the components of the Long Lake, Indiana, environmental restoration project that are located on specified Federal land; and (2) 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 after project completion.
(Sec. 125) Extends authorization of appropriations for 2003 and 2004 for the Missouri and Middle Mississippi Rivers Enhancement Project.
(Sec. 126) Amends the Water Resources Development Act of 1999 to include the State of Idaho in a Federal environmental assistance program that authorizes appropriations to non-Federal interests in certain rural areas.
(Sec. 127) Amends the Water Resources Development Act of 1996 to permit a Federal environmental assistance program for southern and eastern Kentucky to include environmental restoration purposes. Redefines southern and eastern Kentucky to include Bath and Rowan. Increases authorization of appropriations for southern and eastern Kentucky.
(Sec. 128) States that with respect to the pre-construction engineering and design for the environmental dredging project at Ashtabula River, Ohio, 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) Amends the Water Resources Development Act of 1992 to include Allegheny, Greene, and Washington Counties within the ambit of the South Central Pennsylvania Environmental Restoration Infrastructure and Resource Protection Development Pilot Program.
(Sec. 130) Authorizes the Secretary of the Army to provide immediate corrective maintenance to the project at Herring Creek-Tall Timbers, Maryland, at full Federal expense.
Title II: Department of the Interior - Makes FY 2003 appropriations to the Department of the Interior for: (1) the Central Utah Project Completion Account; (2) the Bureau of Reclamation for water and related resources; (3) Central Valley Project Restoration Fund; and (4) general administrative expenses.
(Sec. 201) Authorizes the Secretary of the Interior to enter into grants and cooperative agreements with designated Indian entities in order to increase opportunities for Indian tribes to develop, manage, and protect their water resources.
(Sec. 202) Prohibits the use of any funds made available by this Act to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California have developed a plan which conforms to California water quality standards approved by the Administrator of the Environmental Protection Agency in order to minimize any detrimental effect of the San Luis drainage waters.
Directs the Secretary of the Interior to classify the costs of the Kesterson Reservoir Cleanup and the San Joaquin Valley Drainage Programs as reimbursable or nonreimbursable and collected until fully repaid pursuant to the "Cleanup Program--Alternative Repayment Plan" and the "SJVDP--Alternative Repayment Plan" as described in a specified report.
(Sec. 203) Amends the Energy and Water Development Appropriations Act, 2001, to: (1) include within the definition of "Sly Park Unit" all real and personal property rights and interests associated with conduits and canals, and all associated water rights; and (2) instruct such Secretary to transfer to the District by no later than June 30, 2003, all Federal right, title, and interest in the Sly Park Unit.
(Sec. 205) Prohibits the use of appropriated funds to pay the salaries and expenses of personnel to purchase or lease water in the Middle Rio Grande or the Carlsbad Projects, New Mexico, unless such purchase or lease is in compliance with specified statutory purchase requirements.
(Sec. 206) States that Drought Emergency Assistance funds under this title shall be made available primarily for leasing water for specified drought-related purposes from willing lessors, and administered under State water priority allocation.
(Sec. 207) Directs the Secretary of the Interior to provide exclusively for the Pyramid, Summit, and Walker Lakes, Nevada, certain statutory water and financial assistance originally earmarked for desert terminal lakes.
(Sec. 208) Directs the Commissioner of the Bureau of Reclamation (Bureau) to increase to ten percent in FY 2003 the use of the private sector in performing planning, engineering, and design work for Bureau projects, 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.
(Sec. 209) Directs the Bureau to undertake activities related to the development of the North Central Montana Rural Water Supply system.
(Sec. 210) Amends the Water Desalination Act of 1996 to extend the authorization of appropriations through FY 2004.
(Sec. 211) Authorizes the Secretary of the Interior to participate in a certain North Las Vegas Water Reuse 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.
(Sec. 212) Prohibits funds made available under this or prior Energy and Water Development Appropriations Act from being used for the settlement agreement of Sumner Peck Ranch, Inc. v. Bureau of Reclamation.
(Sec. 213) Amends the Salton Sea Reclamation Act of 1998 to increase authorization of appropriations for certain river reclamation and water treatment actions.
(Sec. 214) Authorizes appropriations for an options feasibility study regarding additional water storage in the Yakima River Basin, Washington.
(Sec. 215) Authorizes the Secretary of the Interior, in implementing CALFED-related activities, to undertake feasibility studies for Sites Reservoir, Los Vaqueros Reservoir Enlargement, and Upper San Joaquin storage projects.
Title III: Department of Energy - Makes FY 2003 appropriations to the Department of Energy (DOE) for: (1) energy supply programs; (2) non-defense environmental management; (3) uranium facilities maintenance and remediation; (4) general DOE science activities; (5) nuclear waste disposal; (6) DOE administration and its Office of the Inspector General; (7) atomic energy defense weapons activities; (8) defense nuclear nonproliferation activities; (9) naval reactors activities; (10) Office of the Administrator of the National Nuclear Security Administration; (11) defense environmental restoration and waste management; (12) defense facilities closure projects; (13) defense environmental management privatization projects; (14) defense nuclear waste disposal; (15) geographical power marketing administrations (including hydroelectric facilities at the Falcon and Amistad Dams); and (16) the Federal Energy Regulatory Commission.
(Sec. 301) Prohibits the use of appropriations under this Act to award a management and operating contract of over $100 million in annual funding at a current or former management and operating contract site or facility, unless it is awarded using competitive procedures, or the Secretary of Energy grants a waiver on a case-by-case basis.
Prohibits delegation of such waiver authority.
(Sec. 302) Prohibits the use of appropriations under this Act to: (1) develop or implement a workforce restructuring plan for DOE employees, or to provide them with enhanced severance payments or other benefits; or (2) prepare or initiate Requests for Proposals for a program that has not been funded by Congress.
(Sec. 305) Permits the transfer of unexpended balances of prior appropriations provided for activities in this Act to appropriation accounts for such activities established by this title.
(Sec. 306) Prohibits the use of funds for the Administrator of the Bonneville Power Administration to enter into any agreement to perform energy efficiency services outside the Bonneville service territory without certification that such services are not available from private sector businesses.
(Sec. 307) Directs DOE to ensure broad public notice of the availability of a user facility, and to employ open competition in selecting a partner for such facility.
(Sec. 308) Permits the Administrator of the National Nuclear Security Administration to authorize: (1) the plant manager of a covered nuclear weapons production plant to engage in research, development, and demonstration activities in order to maintain and enhance plant engineering and manufacturing capabilities; and (2) the manager of the Nevada Operations Office to engage in research, development, and demonstration activities regarding capabilities necessary for operations and readiness of the Nevada Test Site.
(Sec. 310) Amends the Energy and Water Development Appropriations Act, 2000 to repeal the requirement that funds under a covered contract must be expended in accordance with a Laboratory Funding Plan approved by the Secretary of Energy.
(Sec. 313) Deems funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, to be specifically authorized by Congress under the National Security Act of 1947 during FY 2003 until enactment of the Intelligence Authorization Act for FY 2003.
(Sec. 312) Prohibits funds under this Act from being used to dispose of transuranic waste containing concentrations of plutonium exceeding 20 percent by weight in the Waste Isolation Pilot Plant.
(Sec. 313) Authorizes certain funds appropriated for the Kachemak Bay submarine cable project to be made available to reimburse the local sponsor for the Federal share of project costs assumed by such sponsor.
(Sec. 314) Instructs the Federal Energy Regulatory Commission, upon licensee request, to: (1) issue an order staying a specified hydroelectric license in the State of Alaska; (2) lift such stay, but not later than six years after the date that it receives written notice that construction of the Swan-Tyee transmission line is completed; (3) make the effective date of the license the date on which the stay is lifted; and (4) extend the time during which such licensee is required to commence project construction for not more than one two-year time period.
(Sec. 316) Prohibits the National Nuclear Security Administration from taking actions adversely affecting employment at the Nevada Operations Office for a period of at least 365 days, unless the Administrator receives a written waiver from certain congressional committees.
Title IV: Independent Agencies - Makes FY 2003 appropriations to the: (1) Appalachian Regional Commission; (2) Defense Nuclear Facilities Safety Board; (3) Delta Regional Authority; (4) Denali Commission; (5) Nuclear Regulatory Commission and its Office of the Inspector General; and (6) Nuclear Waste Technical Review Board.
Title V: General Provisions - (Sec. 502) Expresses the sense of Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. Bars contracts funded under this Act from being awarded to any person determined by a court or Federal agency to have falsely labeled products as made in America.
(Sec. 504) Amends Federal law to extend from 2003 to 2008 the authorization of appropriations for the Denali Commission.
(Sec. 505) Amends Energy and Water Development Appropriations Act, 2002 to extend from 2003 through 2005 the proscription against oil and gas drilling in the Great Lakes.
(Sec. 507) Sets a deadline for the Director of the Office of Management and Budget to transmit a cross-cut budget to Congress displaying all Federal expenditures, actual and projected, related to the CALFED Bay-Delta Program for FY 1996 through 2004.
Division E: Foreign Operations, Export Financing, and Related Programs Appropriations, 2003 - Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2003 - Title I: Export and Investment Assistance - Makes appropriations for FY 2003 for: (1) direct loans, loan guarantees, tied-aid grants, insurance, and administrative expenses under Export-Import Bank programs; (2) Overseas Private Investment Corporation (OPIC) credit and insurance programs, including costs of direct and guaranteed loans and for administrative expenses; and (3) the Trade and Development Agency, including an amount for trade capacity building assistance.
Title II: Bilateral Economic Assistance - Makes appropriations for FY 2003 for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the U.S. Agency for International Development (AID) for child survival and health programs (earmarking amounts for HIV/AIDS, polio, malaria, tuberculosis, and other infectious diseases), including family planning/reproductive health programs; (3) specified development assistance (earmarking amounts for trade capacity building, basic education (including amounts for programs to increase professional competence of national and regional education administrators), plant biotechnology research and development (R&D), the International Fertilizer Development Center, the American Schools and Hospitals Abroad program, and for drinking water supply projects and related activities); (4) international disaster assistance (including humanitarian and reconstruction assistance for Afghanistan, and such assistance to support transition to democracy and to long-term development of countries in crisis); (5) direct and guaranteed loans for micro and small enterprise development programs and urban programs; (6) the Foreign Service Retirement and Disability Fund; (7) operating expenses of AID and the AID Office of Inspector General; (8) the Capital Investment Fund (authorizing an amount for costs of construction of temporary, secure facilities for AID personnel in Afghanistan); (9) Economic Support Fund (ESF) assistance (earmarking amounts for Israel, Egypt, Jordan, legal reforms in the West Bank and Gaza, the direct cost of modifying direct loans and guarantees for Pakistan, Cyprus, Lebanon, Indonesia, the Democratic Republic of Timor-Leste, implementation of the Kimberley Process Certification Scheme, international youth exchange program for secondary school students from countries with significant Muslim populations, the National Democratic Alliance of Sudan, and a contribution to the Special Court for Sierra Leone); (10) the U.S. contribution to the International Fund for Ireland; (11) assistance for Eastern Europe and the Baltic States (earmarking specified amounts for Kosovo and for Bosnia and Herzegovina, the Baltic States, and Bulgaria); (12) assistance for the new Independent States of the former Soviet Union (subject to specified conditions, and earmarking amounts for the Southern Caucasus (especially the areas of Abkhazia and Nagorno-Karabagh), the health and other assistance needs of victims of trafficking in persons, the Russian Far East, the Ukraine, Armenia, and for child survival, basic education, environmental and reproductive health/family planning, and to combat HIV/AIDS, tuberculosis and other assistance to combat infectious diseases, and for related activities); (13) the Inter-American Foundation, the African Development Foundation, and the Peace Corps (with a prohibition on the use of such funds for abortions); (14) international narcotics control and law enforcement (earmarking amounts to the Department of the Treasury for financial crimes and law enforcement technical assistance programs, and the demand reduction and anti-trafficking in persons program); (15) counterdrug activities in the Andean region of South America (earmarking amounts for AID for economic and social programs, and Colombia to support a unified campaign against narcotics trafficking and against activities by organizations designated as terrorist organizations, including support for a Colombian Armed Forces unit to apprehend leaders of paramilitary organizations); (16) migration and refugee assistance (earmarking a specified amount for refugees from the former Soviet Union and Eastern Europe and other refugees resettling in Israel); (17) the Emergency Refugee and Migration Assistance Fund; (18) nonproliferation, anti-terrorism, demining, and related programs and activities (including U.S. contributions to the International Atomic Energy Agency (IAEA), the Korean Peninsula Energy Development Organization (KEDO), and the Comprehensive Nuclear Test Ban Treaty Preparatory Commission), and earmarking an amount for the Nonproliferation and Disarmament Fund; and (19) the Department of the Treasury for international affairs technical assistance activities.
Bars the availability of appropriated funds or unobligated balances from prior appropriations to any organization or program which supports coercive abortions or involuntary sterilizations. Authorizes funds to be made available, in order to reduce reliance on abortion in developing nations, to qualified voluntary family planning projects that: (1) offer directly or through referral, or offer information about access to, a broad range of family planning methods and services; and (2) meet specified requirements. Bars the use of funds under this Act to lobby for or against abortion. Bars the use of development assistance funds for any activity which is in contravention of the Convention on International Trade in Endangered Species of Flora and Fauna (CITES).
Authorizes the President to withhold funds for economic revitalization programs in Bosnia and Herzegovina if the President certifies to the Committees on Appropriations that: (1) 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 (2) intelligence cooperation on training, investigations, and related activities between state sponsors of terrorism and terrorist organizations and Bosnian officials has not been terminated.
Withholds 60 percent of U.S. assistance allocated to the Government of the Russian Federation until the President certifies to specified congressional committees that it: (1) has terminated arrangements to provide Iran with technical expertise, training, technology, or equipment to develop a nuclear reactor or ballistic missile capability; and (2) is providing full access to international nongovernmental organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya.
Title III: Military Assistance - Makes appropriations for FY 2003 for: (1) expanded international military education and training (IMET) to Algeria, Nigeria, and Guatemala; (2) foreign military financing grants (earmarking amounts for Israel and Egypt); and (3) international peacekeeping operations (subject to certain conditions).
Authorizes the transfer of a specified amount of foreign military grant funds to the Andean Counterdrug Initiative for helicopters, training and other assistance for the Colombian Armed Forces for security for the Cano Limon pipeline.
Prohibits foreign military financing for Sudan, Liberia, and Guatemala.
Title IV: Multilateral Economic Assistance - Makes appropriations for FY 2003 for the U.S. contribution to: (1) the Global Environment Facility of the International Bank for Reconstruction and Development (World Bank); (2) International Development Association (IDA); (3) the Multilateral Investment Guarantee Agency; (4) the Inter-American Investment Corporation; (5) the Enterprise for the Americas Multilateral Investment Fund; (6) the Asian Development Fund; (7) the African Development Bank; (8) the African Development Fund; (9) the European Bank for Reconstruction and Development; and (10) the International Fund for Agricultural Development.
Makes appropriations for FY 2003 for international programs and organizations (earmarking an amount for a U.S. contribution to the International Coffee Organization provided the United States becomes a member prior to June 1, 2003, and if not by that date, such amount should be made available for the United Nations Center for Human Settlements). Prohibits the use of funds for the KEDO or the IAEA.
Title V: General Provisions - (Sec. 501) Sets forth limits on the use of appropriations, including that no more than 15 percent of such appropriations shall be obligated during the last month of availability.
(Sec. 502) Prohibits the availability of funds for development assistance to U.S. private and voluntary organizations (except any cooperative development organization) which obtain less than 20 percent of annual funding from sources other than the U.S. Government.
(Sec. 503) Sets forth limits on the use of appropriations, including specified maximums for official residence expenses, entertainment expenses, and representation allowances for AID and for entertainment and representation allowances for the Inter-American Foundation and the Trade and Development Agency. Limits the amount of funds for entertainment expenses of the Peace Corps and entertainment allowances under IMET and for entertainment and representation allowances under the Foreign Military Financing Program.
(Sec. 506) Prohibits the use of funds for: (1) the export of nuclear equipment, fuel, or technology (except for nuclear safety purposes); (2) direct assistance or reparations to Cuba, Iraq (except humanitarian and relief assistance if it is in the U.S. national interest), Libya, North Korea, Iran, Sudan, or Syria; (3) assistance (excluding assistance to promote democracy) to the government of any country whose duly elected head of government is deposed by military coup or decree; (4) certain transfers between appropriations accounts without prior presidential consultation with Congress (except where transfers are duly authorized by this Act); (5) assistance to the government of any country in default in excess of a year on payments on a U.S. loan (unless the President determines such assistance is in the national interest); and (6) Export-Import Bank or OPIC assistance (except in certain circumstances) for production of any commodity for export by a foreign country if the commodity is likely to be in surplus on world markets when the resulting productive capacity is expected to become operative, and if the assistance will cause substantial injury to U.S. producers of a similar commodity.
(Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity.
(Sec. 515) Prescribes 15-day advance presidential notification requirements for the availability of specified funds under this Act.
(Sec. 516) Declares that funds appropriated for foreign operations, export financing, and related programs, that are returned or not made available for international organizations and programs, shall remain available for obligation until FY 2004.
(Sec. 517) Prohibits the availability of assistance for the Independent States of the former Soviet Union to a government of such an Independent State: (1) unless it 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; (2) if it applies or transfers U.S. assistance to any entity for the purpose of expropriating or seizing ownership of assets, investments, or ventures (unless the President determines such assistance is in the national interest); (3) if it directs action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union; or (4) to enhance its military capability (except for demilitarization, demining, or nonproliferation programs). Subjects such assistance for the Russian Federation, Armenia, Georgia, and the Ukraine to the regular notification procedures of the Committees on Appropriations.
(Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning, to motivate or coerce any person to practice abortions, or to provide any financial incentive to undergo sterilization.
(Sec. 519) Limits to no more than five percent the amount of export financing funds (other than for administrative expenses) that can be transferred from one appropriation to another, with no appropriation being increased by more than 25 percent by such transfer.
(Sec. 520) Prohibits the use of funds for Colombia, Liberia, Serbia, Sudan, Zimbabwe, Pakistan, or the Democratic Republic of Congo, except as provided through the regular notification procedures of the Committees on Appropriations.
(Sec. 522) Makes funds available to AID for child survival and disease prevention programs (including an amount for family planning/reproductive health activities) in developing countries.
(Sec. 523) Earmarks certain economic assistance funds for humanitarian and reconstruction assistance for Afghanistan (including an amount to support activities of the Afghan Ministry of Women's Affairs, such as the establishment of multi-service women's centers).
(Sec. 524) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries.
(Sec. 526) Earmarks National Endowment for Democracy funds for China, Hong Kong, and Tibet for activities to support democracy, human rights, and the rule of law, including specified amounts for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights and Labor, Department of State, for such activities, and 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. Makes ESF assistance available to Taiwan to further political and legal reforms (to the extent such funds are matched from sources other than the United States).
Makes ESF assistance (along with other assistance provided by this section) available for programs and activities to foster democracy, human rights, civic education, women's development, press freedoms, and the rule of law in countries with a significant Muslim population, and where such programs and activities would be important to U.S. efforts to respond to, deter, or prevent acts of international terrorism. Earmarks amounts for: (1) programs and activities that provide professional training for journalists; and (2) the advancement of democracy and human rights in Iran.
(Sec. 527) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes a waiver of this prohibition by the President for national security and humanitarian reasons, requiring notification to the Committees on Appropriations.
(Sec. 528) Authorizes nongovernmental organizations which are AID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.
(Sec. 529) Directs the Administrator of AID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities.
(Sec. 530) Prohibits payments to any international financial institution while the U.S. Executive Director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule.
(Sec. 531) Bars assistance to any country that is not in compliance with the United Nations (UN) sanctions against Iraq, unless the President certifies to the Congress that such assistance: (1) is in the U.S. national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait.
(Sec. 532) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. Requires an agency to report to the Committees on Appropriations whenever it is conducting or proposing activities in a country for which such assistance is prohibited.
(Sec. 533) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; or (2) assistance for any project that contributes to the violation of internationally recognized workers rights in the recipient country.
(Sec. 534) Declares that funds appropriated under this Act for Afghanistan, Lebanon, Montenegro, and for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and, subject to regular notification procedures of the Committees on Appropriations, to combat such trafficking may be made available notwithstanding any other provision of law.
Authorizes the use of foreign assistance funds to support tropical forestry and biodiversity conservation programs and energy programs aimed at reducing greenhouse gas emissions.
Authorizes AID to employ up to 20 personal services contractors in the United States to provide support for specified new or expanded overseas programs until permanent direct hire personnel are hired and trained.
Authorizes the President to waive certain prohibitions with respect to the Palestine Liberation Organization (PLO) if the President determines and certifies to Congress that it is in the national interest.
Authorizes the President during FY 2003 to use up to $45 million (currently, $25 million) of foreign assistance funds for unanticipated emergency contingencies.
Authorizes AID, in entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, to 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.
Expands authorities under the Foreign Assistance Act of 1961 providing assistance to reconstitute civilian police authority and capability in the post-conflict restoration of a host nation infrastructure for the purposes of supporting a nation emerging from instability to include such assistance for a regional, district, municipal, or other sub-national entity emerging from instability.
Makes certain funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of AID available as a U.S. contribution to the World Food Program.
(Sec. 535) Expresses the sense of Congress that: (1) the Arab League boycott of Israel (reinstated in 1997), and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to U.S. investment and trade in the Middle East and North Africa and should immediately be terminated; and (2) the President should report annually to Congress on concrete steps taken to encourage Arab League states to normalize their relations with Israel to bring an end to the boycott.
(Sec. 536) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America, the Caribbean, and in other regions.
(Sec. 537) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under specified provisions of the Agricultural Trade Development and Assistance Act of 1954.
(Sec. 538) Authorizes the reprogramming of earmarked appropriations for other programs within the same account, provided certain requirements are met.
(Sec. 539) Sets forth certain other requirements with respect to ceilings and earmarks of appropriations under this Act.
(Sec. 540) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. Earmarks amounts for private and voluntary organizations to deal with world hunger problems abroad.
(Sec. 541) Prohibits the use of funds to pay any assessments, arrearages, or dues of any UN member (including costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations).
(Sec. 542) Prohibits the provision of funds to a nongovernmental organization that fails to provide any document, file, or record necessary to the auditing requirements of AID.
(Sec. 543) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country that the Secretary of State has determined has a terrorist government, unless the President determines that the furnishing of such assistance is in the U.S. national interest.
(Sec. 544) Withholds assistance to a foreign country in an amount equal to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia and New York City, New York, as of September 30, 2002.
(Sec. 545) Prohibits the obligation of any appropriations for the PLO for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO.
(Sec. 546) Authorizes the President to provide up to a specified amount of commodities and services (drawdowns) to the UN War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. Provides that such drawdowns shall not be construed as an endorsement or precedent for the establishment of any standing or permanent international criminal tribunal or court.
(Sec. 547) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes.
(Sec. 548) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles.
(Sec. 549) Prohibits the obligation of certain funds to pay for: (1) alcoholic beverages; or (2) entertainment expenses for recreational activities.
(Sec. 550) Prohibits the United States from paying any voluntary contribution to the UN, including the UN Development Program.
(Sec. 551) Makes the Government of Haiti eligible to purchase U.S. defense articles and services for its Coast Guard.
Earmarks certain economic assistance funds (including AID food assistance program funds) to: (1) Haiti; and (2) Nicaragua and Honduras to support poverty, agricultural, educational, and health programs there.
(Sec. 552) Prohibits the obligation of any appropriations for the PLO unless the President certifies to Congress that it is in the U.S. national security interests.
(Sec. 553) Prohibits the use of funds for the security forces of a foreign country if the Secretary of State believes they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice.
(Sec. 554) Earmarks specified amounts of development assistance funds for developing countries for: (1) programs and activities which directly protect biodiversity, including forests; and (2) certain tropical forest conservation activities authorized under the Foreign Assistance Act of 1961, including the cost of modifying loans and loan guarantees pursuant to provisions of the Tropical Forest Conservation Act of 1998.
(Sec. 555) Earmarks funds appropriated by this Act to support policies and actions in developing countries and countries in transition that: (1) directly promote 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.
Directs the President to report to the Committees on Appropriations on all U.S. obligations and expenditures for the reduction of greenhouse gas emissions in the United States and in developing countries.
(Sec. 556) Directs the Secretary of the Treasury to instruct the U.S. executive director of each international financial institution to vote against the extension of any loans to the Government of Zimbabwe (except to meet basic human needs or promote democracy) unless the Secretary of State certifies to the Committees on Appropriations that the rule of law has been restored there, including respect for ownership and title to property, and freedom of speech and association.
(Sec. 557) Prohibits the use of foreign military financing and IMET funds 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 against whom there is 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 measures to bring them to justice. Authorizes the President to waive such requirements if it is determined to be in the national security interests of the United States.
(Sec. 558) Makes ESF assistance available to support democracy activities in Burma and along the Burma-Thailand border and for activities of Burmese student groups and other organizations located outside Burma, including support for humanitarian assistance to displaced Burmese along Burma's borders. Earmarks an amount to support newspapers, publications, and other media activities promoting democracy inside Burma.
(Sec. 559) Requires the President to submit to specified congressional committees a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund.
(Sec. 560) Directs the Secretary of the Treasury to instruct the U.S. executive directors of international financial institutions to oppose loans to the Central Government of Cambodia (except loans to support basic human needs). Prohibits the availability of funds under this Act for assistance for the Central Government of Cambodia, with specified exceptions.
Makes ESF assistance available for activities to support democracy (including assistance for democratic political parties) in Cambodia.
(Sec. 561) Directs the Secretaries of Defense and of State to report jointly to Congress on all overseas military training provided to, and proposed to be provided to, foreign military personnel under programs administered by the Defense and State Departments during FY 2002 and 2003.
(Sec. 562) Prohibits funds appropriated under this Act, or appropriated under prior Acts for foreign operations, export financing, and related programs, from being made available to KEDO. Authorizes the President to waive such requirement and provide specified amounts to KEDO for administrative expenses if it is determined to be in the national security interests of the United States.
(Sec. 563) Prohibits funds appropriated by this Act from being used to support a Palestinian state unless the Secretary of State certifies to the appropriate congressional committees that: (1) a new leadership of a Palestinian governing entity has been democratically elected; (2) the governing entity of a new Palestinian state has demonstrated a commitment to peace with Israel and is taking appropriate measures to counter terrorism in the West Bank and Gaza; and (3) the Palestinian Authority is working with other countries in the region to establish a lasting peace in the Middle East that will enable Israel and an independent Palestinian state to coexist. Authorizes assistance intended to help reform the Palestinian Authority and affiliated institutions, or a newly elected governing entity, so it can meet the requirements of this section. Authorizes the President to waive such requirements if it is in the national security interests of the United States.
Expresses 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.
(Sec. 564) Makes funds appropriated by this Act available for assistance for the Colombian Armed Forces (CAF) to support the Colombian Government's unified campaign against narcotics trafficking and against paramilitary and guerrilla organizations designated as terrorist organizations. Allows the obligation of up to 75 percent of such funds before the Secretary of State has certified to the appropriate congressional committees that the CAF and the Colombian Government are taking specified steps to clear the CAF of, and bring to justice, those members who have committed gross violations of human rights, including extra-judicial killings. Withholds the obligation of up to 12.5 percent of such assistance until the Secretary of State certifies to the appropriate congressional committees that such steps are being taken and the CAF are severing links with paramilitary organizations and apprehending their leaders. Permits obligation of the balance of such funds upon certification that the CAF are continuing to meet these conditions.
(Sec. 565) Prohibits the Secretary of State from issuing a visa to any alien who the Secretary determines has willfully provided (or conspired to provide) support to the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), or the United Self-Defense Forces of Colombia (AUC). Provides for waiver of such prohibition.
(Sec. 566) Bars the use of funds appropriated under this Act to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.
(Sec. 567) Makes ESF funds available for programs benefitting the Iraqi people and to support efforts to bring about political transition in Iraq (subject to specified conditions).
(Sec. 568) Requires the Secretary of State, 30 days prior to the obligation of FY 2003 ESF funds for the bilateral West Bank and Gaza Program, to certify to the appropriate congressional committees that procedures have been established to ensure that the Comptroller General will have access to appropriate U.S. financial information in order to review the uses of such funds under the Program. Directs the Secretary, prior to the obligation of such funds, to take appropriate steps to ensure that such assistance is not provided to any individual or entity that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity. Earmarks an amount for the Office of the Inspector General of AID for audits, inspections, and other activities in furtherance of compliance with the requirements of this section.
(Sec. 569) Makes foreign military financing program funds available to Indonesia, and authorizes the issuance of licenses for the export of lethal defense articles for the Indonesian Armed Forces, if the President certifies to the appropriate congressional committees that: (1) the Indonesia Minister of Defense is suspending from the Armed Forces those members who have committed gross violations of human rights, or who have aided or abetted militia groups; (2) the Indonesian Government is prosecuting such individuals; (3) the Indonesian Armed Forces are cooperating with civilian prosecutors and judicial authorities in such cases; and (4) the Minister of Defense is making publicly available audits of receipts and expenditures of the Indonesian Armed Forces.
(Sec. 570) Bars the use of funds appropriated by this Act for assistance for the government of any country for which the Secretary of State has determined there is credible evidence that it has aided or abetted, within the previous six months, in the illicit distribution, transportation, or sale of diamonds mined in Sierra Leone.
(Sec. 571) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 to authorize voluntary separation incentive payments to AID employees who voluntarily separate (whether by retirement or resignation) on or before January 1, 2003, in order to eliminate AID positions and functions contained in a mandatory strategic plan outlining such payments.
(Sec. 572) Makes certain foreign assistance funds that were available for the United Nations Population Fund (UNFPA), and an equal amount in this Act, 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. Prohibits such funds made available to the UNFPA to be used in China. Conditions the availability of such funds to UNFPA on specified requirements.
(Sec. 573) Directs the Secretary of the Treasury to withhold ten percent of the U.S. payment to any international financial institution until the Secretary certifies that such institution has implemented certain procurement and financial management reforms.
(Sec. 574) Makes funds appropriated by this Act available for assistance for the Government of Uzbekistan only if the Secretary of State determines and reports to the Committees on Appropriations that it 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."
Makes funds appropriated by this Act available to the Government of Kazakhstan only if the Secretary of State determines and reports to the Committees on Appropriations that it has made significant improvements in the protection of human rights during the preceding six months. Authorizes the Secretary to waive such requirement if it is in the national security interest of the United States.
Directs the Secretary to report to the Committees on Appropriations on: (1) U.S. defense articles, defense services, and financial assistance to Central Asian countries (Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and Turkmenistan) during the six-month period ending 30 days prior to submission of each report; and (2) the use of such items during such period by units of the armed forces, border guards, or other security forces of such countries.
(Sec. 575) Authorizes the commercial leasing of defense articles (instead of the government-to-government sale) to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons.
(Sec. 576) Bars the use of funds made available by this Act for assistance (except humanitarian assistance and assistance for democratization), and the Secretary of the Treasury shall instruct the U.S. executive directors of the international financial institutions to vote against any new project involving the extension of financial or technical assistance, to any country (Bosnia and Herzegovina, Croatia, and Serbia), entity, or municipality that has failed to take necessary steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the Former Yugoslavia all persons in their territory who have been indicted by the Tribunal and to otherwise cooperate with it.
(Sec. 577) Directs the Secretary of the Treasury to instruct the U.S. executive directors at specified international financial institutions to oppose any loan, grant, strategy or policy that would require user fees or service charges on poor people for primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the institution's lending programs.
(Sec. 578) Makes funds appropriated by this Act available after June 15, 2003, for assistance for Serbia if the President determines and certifies 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 Yugoslavia, including regarding the surrender and transfer of indictees or assistance in their apprehension; (2) taking steps 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. Declares that such requirements shall not apply to Montenegro, Kosovo, humanitarian assistance, or assistance to promote democracy in municipalities.
(Sec. 579) Prohibits funds appropriated by this Act from being made available to provide assistance for a foreign country under a new bilateral agreement governing the terms under which such assistance is to be provided unless such agreement includes a provision stating that such assistance shall be exempt from taxation, or reimbursed, by the foreign government. Requires the Secretary of State to negotiate amendments to existing bilateral agreements to conform them to such requirement. Sets forth certain requirements with respect to reimbursement of foreign taxes to the United States, including the withholding of U.S. assistance in cases where a country does not reimburse the United States.
(Sec. 580) Directs the Comptroller General to report to the Committees on Appropriations on the extent to which the Department of State is complying (and implementing procedures that have been established to meet standards to comply) with section 301(c) of the Foreign Assistance Act of 1961 prohibiting U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) except on the condition that the UNRWA take all possible measures to assure that no part of the U.S. contribution be used to furnish assistance to any refugee who is receiving military training as a member of the Palestine Liberation Army or any other guerrilla type organization or who has engaged in any act of terrorism.
(Sec. 581) Directs the Secretary of State to report to the Committees on Appropriations on steps that the Department of State and the Department of Defense are making to improve performance evaluation procedures for the IMET program and progress that they have made in developing a database containing records on each foreign military or defense ministry civilian participant in IMET activities.
(Sec. 582) Authorizes the use of certain foreign assistance funds 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 community.
(Sec. 583) Prohibits the use of funds made available under this Act by OPIC and the Export-Import Bank of the United States to insure, reinsure, guarantee, finance, or extend credit in any project involving the mining, polishing or other process, or sale of diamonds in a country that fails to meet certain requirements with respect to the export and import of rough diamonds.
(Sec. 584) Earmarks certain funds appropriated by this Act for trade capacity building assistance.
(Sec. 585) Directs the Secretary of State to report to the Committees on Appropriations concerning the public disclosure of revenues from extractive industries and other sources by governments of foreign countries that receive U.S. assistance.
(Sec. 586) Urges investigation and publication of 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 murder of others in Guatemala since December 1999. Directs the President to order all Federal agencies and departments with relevant information, including the Federal Bureau of Investigation, to declassify and release it expeditiously to the victims' families.
Division F: Interior and Related Agencies Appropriations, 2003 - Department of the Interior and Related Agencies Appropriations Act, 2003 - Makes appropriations for the Department of the Interior and related agencies for FY 2003. Title I: Department of the Interior - Makes appropriations for FY 2003 to the Bureau of Land Management (BLM) for: (1) land and resource management; (2) wildland fire management; (3) remedial action of hazardous waste substances; (4) construction; (5) payments in lieu of taxes to local governments; (6) land acquisition; (7) Oregon and California grant lands; (8) range improvements; (9) service charges, deposits, and forfeitures with respect to public lands; and (10) miscellaneous trust funds.
Appropriates funds to the U.S. Fish and Wildlife Service for: (1) resource management; (2) construction; (3) land acquisition; (4) the Landowner Incentive Program, including rescission; (5) the Private Stewardship Grants Program, including rescission; (6) the Cooperative Endangered Species Conservation Fund; (7) the National Wildlife Refuge Fund; (8) expenses related to carrying out the North American Wetlands Conservation Act; (9) financial assistance for projects to promote the conservation of neotropical migratory birds; (10) expenses related to carrying out the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, and the Rhinoceros and Tiger Conservation Act of 1994; and (11) wildlife conservation grants to States, the District of Columbia, U.S. territories, and federally recognized Indian tribes.
Authorizes the U.S. Fish and Wildlife Service 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.
Makes appropriations for FY 2003 to the National Park Service (NPS) for: (1) the National Park System; (2) expenses related to carrying out the Urban Park and Recreation Recovery Act of 1978; (3) expenses related to carrying out the Historic Preservation Act of 1966 and the Omnibus Parks and Public Lands Management Act of 1996; (4) construction; and (5) land acquisition and State assistance from the Land and Water Conservation Fund.
Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY 2003.
Makes appropriations for FY 2003 to: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs (BIA) for operation of Indian programs, construction, Indian land and water claim settlements and miscellaneous payments to Indians, and Indian guaranteed loans; (5) assistance to U.S. territories and for carrying out the Compacts of Free Association with respect to Micronesia, the Marshall Islands, and Palau; (6) departmental management of the Department of the Interior and the Offices of the Solicitor and of the Inspector General; (7) trust programs for Indians; (8) a program for consolidation of fractional interests in Indian lands by direct expenditure or cooperative agreement; and (9) natural resource damage assessment.
Allows the U.S. Geological Survey to continue existing cooperative agreements directed toward a particular cooperator, and enter into new such agreements, in support of joint research and data collection activities with Federal, State, and academic partners funded by appropriations herein.
Permits the Bureau of Indian Affairs to contract for services in support of the management, operation, and maintenance of the Power Division of the San Carlos Irrigation Project.
Directs the Office of Aircraft Services to transfer to the Sheriff's Office, Kane County, Utah, without restriction, a Cessna U206G, to aid law enforcement activities at Glen Canyon National Recreation Area and the Grand Staircase Escalante National Monument.
(Sec. 114) Authorizes the Secretary of the Interior to negotiate and enter into agreements and leases with any person or specified types of entities for all or part of the property within Fort Baker administered by the Secretary as part of the Golden Gate National Recreation Area.
Sets forth specified authorizations, prohibitions, and mandates with respect to the use of appropriations under this title identical or similar to those enacted in title I of the Department of the Interior and Related Agencies Appropriations Act, 2002.
(Sec. 114) Authorizes the Secretary of the Interior to negotiate and enter into agreements and leases with any person or specified types of entities for all or part of the property within Fort Baker administered by the Secretary as part of the Golden Gate National Recreation Area.
(Sec. 126) Prohibits the National Park Service from using funds made available under this Act to enter into or implement a concession contract which permits or requires the removal of the underground lunchroom at the Carlsbad Caverns National Park, New Mexico.
(Sec. 127) Forbids funds made available under this Act from being used to demolish the bridge between Jersey City, New Jersey, and Ellis Island or to prevent safe pedestrian use of such bridge.
(Sec. 128) Prohibits funds in this or any other Act for any fiscal year from being used to designate any portion of Canaveral National Seashore in Brevard County, Florida, as a clothing-optional area, if such designation would be contrary to county ordinance.
(Sec. 129) Permits the United States Fish and Wildlife Service to use funds appropriated in this Act for incidental expenses relating to promoting and celebrating the Centennial of the National Wildlife Refuge System.
(Sec. 130) Permits the National Park Service in FY 2003 and thereafter to enter into a cooperative agreement with and transfer funds to Capital Concerts, a nonprofit organization, for certain purposes.
(Sec. 131) Directs the Secretary of the Interior to provide Congress with a summary of the Ernst and Young report on the historical accounting for the five named plaintiffs in Cobell v. Norton, which shall fully describe the aggregate results of such accounting.
(Sec. 132) Forbids any funds in this or any other Act for the Department of the Interior or the Department of Justice from being used to compensate above a specified annual rate the Special Master and the Special Master-Monitor (and all variations thereto) appointed by the court in the Cobell v. Norton litigation.
(Sec. 134) Permits the Secretary of the Interior to use discretionary funds to pay private attorneys fees and costs for employees of the Department of the Interior reasonably incurred in connection with Cobell v. Norton, up to a specified limit, to the extent such fees and costs are not paid by the Department of Justice or by private insurance.
(Sec. 138) Requires the United States Fish and Wildlife Service, in carrying out its responsibilities to protect threatened and endangered species of salmon, to implement a system of mass marketing of salmonid stocks (including specified species), intended for harvest, that are released from Federally operated or financed hatcheries.
(Sec. 139) Names the visitor center at the Bitter Lake National Wildlife Refuge in New Mexico as the "Joseph R. Skeen Visitor Center."
(Sec. 142) Authorizes the National Park Service to obligate $1 million made available in 2002 to plan the John Adams Presidential memorial in cooperation with non-Federal partners.
(Sec. 143) Declares that appropriated funds remaining available in the Construction (Trust Fund) account of the National Park Service at the completion of all authorized projects shall be earmarked for the rehabilitation and improvement of Going-to-the-Sun Road in Glacier National Park.
(Sec. 144) States that 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) Declares that nothing in a specified section of the Department of the Interior and Related Agencies Appropriations Act, 2002 affects the decision of the United States Court of Appeals for the 10th Circuit in Sac and Fox Nation v. Norton (2001). States that nothing in this section permits gaming under the Indian Gaming Regulatory Act on certain land described in the Department of the Interior and Related Agencies Appropriations Act, 2001, or contiguous land, regardless of whether or not the Secretary of the Interior has taken the land or contiguous land in trust.
(Sec. 147) Sets a limit on funds made available in the Department of the Interior and Related Agencies Appropriations Act, 2002 for hangar roof replacement at Midway Atoll National Wildlife Refuge that can be transferred for operational needs at the Refuge, and permits sums earmarked for Departmental Management under the Act to be transferred as may be necessary to cover operational shortfalls at the Refuge.
(Sec. 149) Modifies Public Law 104-208 (making appropriations for the Department of Defense for FY 1997) such that sums from a franchise fund for costs of certain capitalizing and operating administrative services may be paid in advance from funds available to the Department of the Interior and other Federal agencies for which such centralized services are performed (currently the law holds that such sums shall be paid in advance).
(Sec. 150) Amends the Omnibus Parks and Public Lands Management Act of 1996 to reduce the cost-sharing requirement for historic buildings or structures on historically black colleges and universities to require grantees to provide from non-Federal sources 30 percent of the total cost for which a grant is provided (currently the grantee must provide an amount equal than or greater than the grant). Authorizes additional appropriations through FY 2008.
(Sec. 151) Determines a certain document containing a final environmental impact statement regarding the Trans-Alaska Pipeline System Right-of-Way to be sufficient to meet the requirements of the National Environmental Policy Act with respect to the determination in a Record of Decision dated January 8, 2003, relating to the renewal of the Trans-Alaska Pipeline and related facilities.
(Sec. 153) Provides for a transfer of interest credit from a fund established by the Surface Mining Control and Reclamation Act of 1977 to the Combined Fund identified in such Act up to such amount as is necessary to offset the amount of any deficit in net assets in the Combined Fund. Specifies a limit for the amount of such transfer.
(Sec. 154) Amends the Omnibus Parks and Public Lands Management Act of 1996 to increase from $2 million to $5 million the amount of funds that may be appropriated for certain purposes relating to the New Bedford Whaling National Historical Park.
(Sec. 156) Expresses the sense of Congress that no funds made available by this Act or any other Act for any fiscal year shall be used by the Secretary of the Interior to approve specified actions, including development, with regard to 36 undeveloped leases in the outer Continental Shelf while the lessees are engaged in settlement negotiations with the Secretary of the Interior for the retirement of such leases.
(Sec. 157) Directs the Corps of Engineers to carry out a specified program to provide a flood protection system for a certain area in central and south Florida. Authorizes the Corps of Engineers to acquire land in the protected area from willing sellers and to provide financial assistance to carry out this section.
(Sec. 158) Prohibits funds appropriated for the Department of the Interior by this Act or any other Act from being used to support the draining of Lake Powell or to reduce the water level of such lake below the range of water levels required for the operation of the Glen Canyon Dam.
(Sec. 159) Raises the amount of fees the National Indian Gaming Commission may impose.
(Sec. 160) Moccasin Bend National Archeological District Act - Establishes the Moccasin Bend National Archeological District in Tennessee as a unit of the Chickamauga and Chattanooga National Military Park. Authorizes the Secretary of the Interior to: (1) acquire lands and interest in lands within the exterior boundary of the District; (2) acquire easements connecting noncontiguous parts of the District; and (3) build a visitor interpretive center. Directs the Secretary to develop a general management plan for the District.
(Sec. 161) Amends Public Law 102-495 (authorizing appropriations for FY 1993 for intelligence and intelligence-related activities of the United States Government and the Central Intelligence Agency Retirement and Disability System) to convey certain land in the State of Washington to the Lower Elwha Klallam Tribe. Subjects the conveyance to various conditions, including that: (1) there shall be public access to the beach along the south side of the parcel at all times; and (2) easements shall be reserved for the United States upon, over, under, through, and across the conveyed lands (current law provides for the lease of certain land to the Lower Elwha Klallam Tribe, with certain of the same conditions, for a tribal cultural facility).
Title II: Related Agencies - Makes FY 2003 appropriations for the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) State and private forestry; (3) the National Forest System (NFS); (4) wildland fire management; (5) capital improvement and maintenance; (6) land acquisitions, including specified National Forest areas in Utah, Nevada, and California; (7) range rehabilitation protection, and improvement; (8) gifts, donations, and bequests for forest and rangeland research; and (9) Federal land management in Alaska for subsistence uses.
Permits transfers of appropriations or funds available to the Forest Service to Wildland Fire Management functions only if all previously appropriated emergency contingent funds under the heading "Wildland Fire Management" have been released and all funds under such heading are obligated.
Allows through FY 2007 certain grants, contracts, and cooperative agreements with the Pinchot Institute for Conservation as well as other entities for the development, administration, maintenance, or restoration of land, facilities, or Forest Service programs at the Grey Towers National Historic Landmark.
Permits appropriated funds of up to $1 million to be used in the event of law enforcement emergencies. Allows the sale of excess buildings, facilities, and other properties owned by the Forest Service and located on the Green Mountain National Forest, with the revenues to be used for maintenance and rehabilitative activities on such land. Permits the Secretary of Agriculture to transfer or reimburse funds available to the Forest Service, up to $15 million, to the Secretary of the Interior or the Secretary of Commerce to expedite conferencing and consultation as required under the Endangered Species Act. Considers eligible individuals to be Federal employees in the period from June 30, 2001, to December 31, 2003, if they are employed in any project funded under a certain section of the Older American Act of 1965 and administered by the Forest Service.
Makes appropriations for the Department of Energy for the following areas: (1) clean coal technology; (2) fossil energy research and development that includes acquisition of real property, plants or facilities, technological investigations and research targeting mineral substances, and a Clean Coal Power Initiative; (3) naval petroleum and oil shale reserve activities; (4) installment payments pertaining to the Elk Hills School Lands Fund; (5) implementation of energy conservation activities; (6) activities of the Office of Hearings and Appeals, and of the Energy Information Administration; and (7) the Strategic Petroleum Reserve (including rescission) and the Northeast Home Heating Oil Reserve.
States that, unless specifically provided for in an appropriations Act, funds made available to the Department of Energy under this Act may not be used to: (1) finance or implement authorized price support or loan guarantee programs; or (2) issue or process procurement documents for various enterprises.
Makes appropriations for FY 2003 to the Department of Health and Human Services for the Indian Health Service (IHS) and Indian health facilities.
Makes appropriations for FY 2003 to: (1) the Office of Navajo and Hopi Indian Relocation; and (2) the Institute of American Indian and Alaska Native Culture and Arts Development.
Sets forth requirements for uses of, and limitations on, funds appropriated under this title.
Makes appropriations in specified amounts for various purposes to: (1) the Smithsonian Institution (including rescission, earmarking certain funds for the National Museum of the American Indian, the Council of American Overseas Research Centers, the National Zoological Park, and other specified programs); (2) the National Gallery of Art; (3) the John F. Kennedy Center for the Performing Arts; (4) the Woodrow Wilson International Center for Scholars; (5) the National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA) and the National Endowment for the Humanities; (8) the Commission of Fine Arts, including expenses for National Capital Arts and Cultural Affairs; (9) the Advisory Council on Historic Preservation; (10) the National Capital Planning Commission; (11) the United States Holocaust Memorial Council, for the Holocaust Memorial Museum; and (12) the Presidio Trust Fund.
Allows the Chairperson of the National Endowment for the Arts to approve grants of up to $10,000, pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the Chairperson.
Title III: General Provisions - Sets forth specified prohibitions, rescissions, limitations, permissions, and mandates with respect to the use of appropriations under this Act identical or similar to those enacted in the Department of the Interior and Related Agencies Appropriations Act, 2002.
(Sec. 321) Provides that, through FY 2005, the authority of the Secretary of Agriculture to enter into a cooperative agreement for the facilitation of the administration of Forest Service programs and activities includes the use of that legal instrument when the principal purpose of the resulting relationship is to the benefit of the Forest Service and the other party or parties to the agreement, including nonprofit entities. States that an agreement made under this section shall not be subject to the Federal Grant and Cooperative Agreement Act.
(Sec. 323) Amends the Department of the Interior and Related Agencies Appropriations Act, 1999 to extend through FY 2013 the authority of the Forest Service to enter into stewardship contracts with private persons or other public or private entities to achieve certain types of land management goals. Grants the Bureau of Land Management the same authority through FY 2013.
(Sec. 325) Extends the Forest Service Conveyances Pilot Program through FY 2006. Increases the number of possible conveyances under such program from 10 to 20.
(Sec. 327) Authorizes the Secretaries of Agriculture and the Interior to enter into reciprocal agreements with foreign countries pursuant to the Wildfire Suppression Assistance Act, whereby the individuals furnished under said agreements to provide wildfire services are considered, for purposes of tort liability, employees of the country receiving the services when the individuals are fighting fires. States that the only remedies for acts or omissions committed while fighting fires shall be those provided under the laws of the host country.
(Sec. 328) Declares that a grazing permit or lease issued by the Secretary of the Interior or a grazing permit issued by the Secretary of Agriculture for National Forest System lands that expires, is transferred, or waived during FY 2003 shall be renewed under the Federal Land Policy and Management Act of 1976, the Granger-Thye Act, the Bankhead-Jones Farm Tenant Act, or, if applicable, the California Desert Protection Act. States that upon completion of the processing, a National Forest System lands permit may be canceled, suspended, or modified to meet the requirements of applicable laws and regulations.
(Sec. 329) Sets forth rates the Eagle Butte Service Unit of the Indian Health Service, at the request of the Cheyenne River Sioux Tribe, may pay health professionals.
(Sec. 330) States that no funds under this Act may be transferred to any department, agency, or instrumentality except pursuant to this Act or any other appropriations Act.
(Sec. 331) Prohibits any funds in this Act from being used to prepare or issue a permit or lease for oil or gas drilling in the Finger Lakes National Forest, New York, during FY 2003.
(Sec. 332) Forbids any funds made available in this Act from being used for the planning, design, or construction of improvements to Pennsylvania Avenue in front of the White House without the advance approval of the Committee on Appropriations.
(Sec. 333) Allows the Secretaries of Agriculture and the Interior, in awarding a Federal contract for any of specified purposes with funds made available by this Act, to give consideration to local contractors who are from economically disadvantaged rural communities and who provide employment and training for dislocated and displaced workers in such communities.
(Sec. 334) Amends Public Law 105-83 (making appropriations for the Department of the Interior and related agencies for FY 1998) to allow not more than 15 percent of certain funds allotted to the Secretary of Commerce to be used for support for the North Pacific Research Board and the administering of grants for research activities relating to certain fisheries and marine ecosystems (currently not more than five percent of such funds are permitted for such purposes).
(Sec. 335) Declares that 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) Allows the Secretary of the Interior to reserve through FY 2004 funds authorized under the Four Corners Interpretive Center Act until a grant proposal to build the Four Corners Interpretive Center which meets the requirements of the Act is submitted (current law allows for funds to be reserved through FY 2001).
(Sec. 337) Amends Federal law to modify rules pertaining to Alaska Native Settlement Trusts.
(Sec. 338) Reaffirms the intent of Congress that the Herger-Feinstein Quincy Library Group Forest Recovery Act of 1998 be implemented, and extends the expiration of the Quincy Library Group Act by five years.
(Sec. 339) Amends the Energy Policy and Conservation Act to extend the authorization of appropriations.
(Sec. 340) Forbids use of funds appropriated in this Act for the acquisition of lands or interests in lands for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations, with specified exceptions.
(Sec. 341) Designates part of the Nantahala National Forest in Jackson County, North Carolina, as the James and Elspeth McClure Clarke Forest.
Title IV: T'uf Shur Bien Preservation Trust Area - T'uf Shur Bien Preservation Trust Area Act - (Sec. 404) Establishes the T'uf Shur Bien Preservation Trust Area (the "Area") within the Cibola National Forest and the Sandia Mountain Wilderness in New Mexico. Recognizes and protects in perpetuity the Pueblo of Sandia's rights and interests in such Area.
Directs the Secretary of Agriculture (Secretary) to continue to administer the Area as National Forest System lands.
Forbids certain activities in any portion of the Area, including: (1) gaming or gambling; (2) mineral production; and (3) timber production.
(Sec. 405) Sets forth the rights and interests of the Pueblo in such Area, including free and unrestricted access for traditional and cultural uses (except as they conflict with the Wilderness Act and Federal wildlife protection laws).
Requires the United States to compensate the Pueblo as if it held fee title interest in the affected portion if Congress: (1) diminishes the Wilderness and National Forest designation of the Area by authorizing a prohibited use in all or any portion of it; or (2) permanently denies the Pueblo access for any traditional and cultural uses in all or any portion of the Area.
(Sec. 406) Limits the Pueblo's rights and interest in the Area to exclude certain activities, including any right to sell, grant, lease, convey, encumber or exchange lands in the Area.
(Sec. 407) Sets forth management provisions, including requiring the Secretary to consult with the Pueblo not less than twice each year, unless otherwise mutually agreed, concerning protection, preservation, and management of the Area.
(Sec. 408) Specifies allocation of criminal and civil jurisdiction over such Area among the Pueblo, New Mexico, and the United States.
(Sec. 409) Excludes subdivisions from the Area.
(Sec. 410) Extinguishes all Pueblo claims not specifically recognized within this Act.
(Sec. 411) States that this Act recognizes only enumerated rights and interests, and no additional rights, interests, obligations, or duties shall be created by implication.
(Sec. 412) Sets forth judicial review provisions.
(Sec. 413) Sets forth provisions relating to contributions, land exchanges, and land acquisition and other compensation. Declares that the Pueblo, the County of Bernalillo, New Mexico, and any person who owns or has owned property inside the exterior boundaries of the Area, and incurred cost as a result of participating in the case of Pueblo of Sandia v. Babbitt, may apply for reimbursement.
(Sec. 414) Authorizes appropriations.
Title V: National Forest Organizational Camp Fee Improvement Act of 2003 - National Forest Organizational Camp Fee Improvement Act of 2003 - (Sec. 503) Directs the Secretary of Agriculture to charge an annual acreage and market value-based fee for the occupancy and use of National Forest System lands and facilities by organizational camps (nonprofit or governmental entity-run camps for youth or persons with disabilities).
Reduces the land-use fee, but not below a minimum amount to be determined by the Secretary, for: (1) use by persons with disabilities and at-risk children; and (2) youth programs through organized social, citizenship, character-building, or faith-based activities oriented to outdoor recreation. Prohibits facility use fee reductions.
Division G: Labor, Health and Human Services, and Education, and Related Agencies Appropriations, 2003 - Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2003 - Makes appropriations for FY 2003 for the Departments of Labor, Health and Human Services, and Education and related agencies. Sets forth authorized uses of, and limitations on, such funds and transfers of funds. Title I: Department of Labor - Department of Labor Appropriations Act, 2003 - Makes appropriations for FY 2003 to the Department of Labor for: (1) the Employment and Training Administration, training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and the Black Lung Disability Trust Fund; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration; (8) the Pension Benefit Guaranty Corporation; (9) the Employment Standards Administration; (10) certain special benefits; (11) the Energy Employees Occupational Illness Compensation Fund; (12) the Black Lung Disability Trust Fund; (13) the Occupational Safety and Health Administration; (14) the Mine Safety and Health Administration; (15) the Bureau of Labor Statistics; (16) the Office of Disability Employment Policy; (17) departmental management; (18) veterans employment and training; and (19) the Office of Inspector General.
Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title.
(Sec. 101) Prohibits use of Job Corps funds under this title to pay individual compensation at a rate in excess of Executive Level II.
(Sec. 102) Allows not more than one percent of discretionary funds for the current fiscal year for the Department of Labor in this Act to be transferred between appropriations. Prohibits increase of any such appropriation by more than three percent by any such transfer.
(Sec. 103) Prohibits funds under this Act from being obligated or expended for procuring goods mined, produced, manufactured, or harvested, or services rendered, whole or in part, by forced or indentured child labor in industries and host countries already identified by the Department of Labor prior to enactment of this Act.
(Sec. 104) Authorizes appropriations to the Denali Commission, through the Department of Labor, to conduct job training of the local workforce where Denali Commission projects will be constructed.
Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2003 - Makes appropriations for FY 2003 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration, for specified health resources and services activities; (2) health education assistance loans; (3) the Vaccine Injury Compensation Program Trust Fund; (4) the Centers for Disease Control and Prevention (CDCP), for disease control, research, and training; (5) the National Institutes of Health (NIH), including the John E. Fogarty International Center, the National Library of Medicine, and the Office of the Director; (6) the Substance Abuse and Mental Health Services Administration, for substance abuse and mental health services; (7) the Agency for Healthcare Research and Quality; (8) the Centers for Medicare and Medicaid Services for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (9) the Administration for Children and Families for payments to States for child support enforcement and family support programs; (10) low income home energy assistance; (11) refugee and entrant assistance; (12) payments to States for the child care and development block grant; (13) the social services block grant; (14) children and families services programs; (15) promoting safe and stable families, through family preservation and support; (16) payments to States for foster care and adoption assistance; (17) the Administration on Aging; (18) the Office of the Secretary for general departmental management; (19) the Office of Inspector General; (20) retirement pay and medical benefits for Public Health Service commissioned officers, and medical care of dependents and retired personnel; and (21) the public health and social services emergency fund, for expenses related to countering potential biological, disease, and chemical threats to civilian populations.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 202) Directs the Secretary of HHS to 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) Prohibits the use of funds under this Act to implement a certain mandatory breast cancer study under the Public Health Service Act (PHSA), or to construct regional centers for primate research under the National Institutes of Health Revitalization Act of 1993.
(Sec. 204) Prohibits the use of funds under this Act for NIH and the Substance Abuse and Mental Health Services Administration to pay an individual's salary, through a grant or other extramural mechanism, at a rate in excess of Executive Level I.
(Sec. 205) Prohibits the expenditure of funds under this Act pursuant to specified evaluation provisions of PHSA, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in the Department of HHS, prior to a report by the Secretary of HHS to specified congressional committees detailing the planned uses of such funds.
(Sec. 206) Allows up to 2.1 percent of funds for PHSA programs to be available for program evaluation.
(Sec. 207) Allows the transfer between appropriations of not more than one percent of discretionary funds in this Act for the current fiscal year for the Department of HHS. Prohibits increase of any such appropriation by more than three percent by any such transfer; but allows that appropriation to be increased by an additional two percent subject to approval by the House and Senate Committees on Appropriations.
(Sec. 208) Authorizes the Directors of the (NIH) and of the Office of AIDS Research (OAR) to jointly transfer up to three 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 (HIV).
(Sec. 209) Requires the amount for research related to HIV, as jointly determined by the Directors of NIH and of OAR, to be made available to the OAR account. Requires the Director of OAR to transfer from such account amounts necessary to carry out certain provisions of PHSA.
(Sec. 210) Prohibits funds under this Act from being made available under title X (population research and voluntary family planning) of PHSA, unless the award applicant certifies to the Secretary of HHS that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities.
(Sec. 211) Prohibits use of funds under this Act to carry out the Medicare+Choice program if the Secretary of HHS 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.
(Sec. 212) Declares that no provider of services under title X (population research and voluntary family planning) of PHSA shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
(Sec. 213) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 2003 certain provisions relating to establishing categories of aliens for purposes of refugee determinations.
(Sec. 214) Prohibits funds under by this Act from being used to withhold substance abuse funding from a State pursuant to specified PHSA provisions, if such State certifies to the Secretary of HHS that the State will commit additional State funds to ensure compliance with State laws prohibiting the sale of tobacco products to individuals under 18 years of age. Requires the amount a State must commit to equal one percent of its substance abuse block grant allocation for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary of HHS. Requires the State to maintain its expenditures in FY 2003 for tobacco prevention programs and for compliance activities at least at its FY 2002 level, and to add to that level such required additional funds for tobacco compliance activities. Provides that no funds under this Act may be used to withhold such substance abuse funding from a territory that receives less than $1 million of such funding.
(Sec. 215) Authorizes the Secretary of HHS, in order for the CDCP to carry out international HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during FY 2003, to: (1) utilize specified authorities under the State Department Basic Authorities Act of 1956; and (2) utilize other specified authorities to lease, alter, or renovate facilities in foreign countries to carry out such programs.
(Sec. 216) Authorizes the Division of Federal Occupational Health to use personal services contracting to employ occupational health professionals and professionals in management and administration.
(Sec. 217) Amends the Older Americans Act of 1965 to revise provisions for the Nutrition Services Incentives Program. Maintains access to commodities within the Department of Agriculture, but transfers authority for such program from the Department of Agriculture to the Administration on Aging within HHS.
(Sec. 218) Authorizes the Director of the NIH to use funds under this Act to award Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's disease. Requires each such center to be designated as a Morris K. Udall Center for Research on Parkinson's Disease.
(Sec. 219) Amends the Supplemental Appropriations Act, 2001 to transfer a specified amount from the Low Income Home Energy Assistance Program (LIHEAP) emergency funds to LIHEAP regular State formula grants.
(Sec. 220) Exempts specified funds for Head Start programs from an across-the-board rescission under division N of this Act.
Title III: Department of Education - Department of Education Appropriations Act, 2003 - Makes appropriations for FY 2003 to the Department of Education for: (1) education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) Indian education; (5) English language acquisition and language enhancement; (6) special education; (7) rehabilitation services and disability research; (8) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (9) vocational and adult education; (10) certain student financial assistance programs, as well as Federal administrative expenses for such programs (and sets a maximum individual Pell Grant amount); (11) specified higher education programs; (12) Howard University; (13) the college housing and academic facilities loans program; (14) the historically Black college and university capital financing program account; (15) the Institute of Education Sciences; (16) departmental management; (17) the Office for Civil Rights; (18) the Office of the Inspector General; and (19) Federal administrative expenses to carry out various student aid programs.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 301) Prohibits funds under in this Act from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school; or (2) carry out a racial desegregation plan.
(Sec. 302) Prohibits the use of funds under this Act to require, directly or indirectly, the transportation of any student to a school other than the school 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. Declares that such a prohibited 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. Exempts the establishment of magnet schools from such prohibition.
(Sec. 303) Prohibits the use of funds under in this Act to prevent the implementation of programs of voluntary prayer and meditation in public schools.
(Sec. 304) Allows the transfer between appropriations of not more than one percent of discretionary funds for the current fiscal year for the Department of Education in this Act. Prohibits any increase of any such appropriation by more than three percent by any such transfer.
(Sec. 305) Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require State or local educational agencies (LEAs) to use funds received under the Reading First program only to supplement, and not supplant, non-Federal funds.
Title IV: Related Agencies - Makes appropriations for FY 2003 to the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service, for domestic volunteer service programs and operating expenses; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Institute of Museum and Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Labor Relations Board; (11) National Mediation Board; (12) Occupational Safety and Health Review Commission; (13) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (14) Social Security Administration for payments to the Social Security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (15) U.S. Institute of Peace.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act.
(Sec. 505) Prohibits the use of funds appropriated under this Act for programs to distribute sterile needles or syringes for the injection of illegal drugs.
(Sec. 506) Sets forth Buy American requirements.
(Sec. 508) Prohibits the expenditure of funds appropriated under this Act, or in any trust fund to which funds are appropriated under this Act, for abortions or for health benefits coverage that includes coverage of abortion, with exceptions specified in section 509 of this Act.
(Sec. 509) Provides that the prohibition in section 508 shall not apply to an abortion: (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Provides that nothing in section 508 shall be construed as: (1) prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State's or locality's contribution of Medicaid matching funds); or (2) restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State's or locality's contribution of Medicaid matching funds).
(Sec. 510) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act.
(Sec. 511) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage.
(Sec. 513) Bars the use of funds made available in this Act to promulgate a final standard under the Social Security Act providing for a unique health identifier for an individual (except in an individual's capacity as an employer or health care provider) until legislation is enacted specifically approving the standard.
(Sec. 515) Amends the United States Institute of Peace Act to revise provisions relating to Institute audits.
Division H: Legislative Branch Appropriations, 2003 - Legislative Branch Appropriations Act, 2003 - Makes appropriations for the legislative branch for FY 2003. Title I: Congressional Operations - Legislative Branch Appropriations - Makes FY 2003 appropriations for the Senate for: (1) payments to the family of the late Senator from Minnesota, Paul David Wellstone; (2) expense allowances; (3) representation allowances for the Majority and Minority Leaders; (4) salaries of specified officers, employees, and committees (including the Committee on Appropriations); (5) agency contributions for employee benefits; (6) inquiries and investigations; (7) the U.S. Senate Caucus on International Narcotics Control; (8) the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate; (9) miscellaneous items; (10) the Senators' Official Personnel and Office Expense Account; and (11) official mail costs.
(Sec. 1) Amends the Second Supplemental Appropriations Act, 1978 to increase expense allowances to: (1) the office of the Vice President; (2) the Majority and Minority Leaders of the Senate; and (3) the President pro tempore.
Amends the Supplemental Appropriations Act, 1983 to increase the expense allowance ceiling of the Majority and Minority Whips of the Senate.
Amends the Supplemental Appropriations Act, 1985 to increase the expense allowance ceiling of the Chairmen of the Majority and Minority Conference Committees.
Amends the Legislative Branch Appropriations Act, 2001 to increase the expense allowance ceiling of the Chairmen of the Majority and Minority Policy Committees.
(Sec. 2) Amends the Second Supplemental Appropriations Act, 1975 to increase the Stationery (Revolving Fund), Contingent Expenses of the Senate.
(Sec. 3) Amends the Legislative Branch Appropriations Act, 1968 to increase the amounts of gross rate of compensation of employees paid by Secretary of the Senate.
(Sec. 4) Amends the Legislative Branch Appropriations Act, 1975 to permit the Committee on Rules and Administration of the Senate to prescribe regulations to waive or modify the requirement that mobile offices leased by Senators for use in the States that they represent and paid for by the Contingent Fund of the Senate, display use identifying inscriptions, if necessary to provide for the public safety of the Senator, staff, or constituents.
(Sec. 5) Permits the Secretary and the Sergeant at Arms and Doorkeeper of the Senate to enter into contracts for the acquisition of severable services and the acquisition of property and services.
(Sec. 6) Amends the Supplemental Appropriations Act, 1977 to: (1) change the number of consultants from six to eight that the Majority and Minority Leaders may appoint; and (2) authorize the designation of the title of the position of any individual appointed.
(Sec. 7) Establishes the Office of the President pro tempore emeritus of the Senate. Authorizes the President pro tempore emeritus to appoint and fix the compensation of his employees as he determines appropriate. Authorizes an expense allowance for the President pro tempore.
(Sec. 8) Provides that across-the-board reduction in offsets under this Act shall apply to the total amount under the Legislative Branch Appropriations for the Senate; but the rescission may be applied disproportionately to the budget authority provided under the heading "Senate."
Makes appropriations to the House of Representatives for: (1) salaries and expenses of the House leadership offices, committees (including the Committee on Appropriations), officers and employees, and the Child Care Center; and (2) Members' representational allowances.
(Sec. 101) Makes amounts appropriated under this Act for "House of Representatives Salaries and Expenses - Members' Representational Allowances" available for FY 2003 only. Requires amounts remaining after all payments are made under such allowances for FY 2003 to be deposited in the Treasury and used for deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt.
(Sec. 102) Establishes in the Treasury the Net Expenses of Equipment Revolving Fund for the House of Representatives to purchase, lease, obtain, and maintain equipment and furniture for their district offices.
(Sec. 103) Requires that any amount received by House Information Resources from any House of Representatives office as reimbursement for services be deposited in the Treasury for credit to the account of the Office of the Chief Administrative Officer of the House of Representatives.
(Sec. 104) Exempts suppliers and service providers from restrictions on advertisements of proposals for purchases and contracts for supplies or services to the House of Representatives.
(Sec. 105) Requires the Chief Administrative Officer of the House of Representatives (CAO) to establish a program under which an employing office of the House of Representatives may agree to repay any student loan previously taken out by an employee of the office.
Authorizes appropriations for FY 2003.
(Sec. 106) Authorizes the CAO to enter into contracts with non-governmental entities to provide services to the House of Representatives by individuals with disabilities and provide reasonable accommodations to enable those individuals to perform such services.
Authorizes appropriations for FY 2003 through 2007.
(Sec. 107) Authorizes the CAO to incur obligations and make expenditures out of specified available appropriations as necessary to respond to emergencies involving the safety of human life or the protection of property.
(Sec. 108) Amends the Legislative Branch Appropriations Act, 1992 to require the House of Representatives to make specified payments to employees of the House of Representatives Child Care Center.
(Sec. 109) Amends the Legislative Branch Appropriations Act, 1993 to eliminate the requirement of Committee on Appropriations of the House of Representatives approval for specified appropriations transfers.
Makes appropriations for: (1) the Joint Economic and Taxation Committees; (2) the Office of the Attending Physician; (3) the Capitol Police (including the Department of Homeland Security); (4) the Capitol Guide Service and Special Services Office; (5) the Office of Compliance; (6) the Congressional Budget Office; (7) the Architect of the Capitol (AOC) for salaries and expenses, Capitol buildings and grounds, Senate and House office buildings, and the Capitol power plant; (8) the Library of Congress for Congressional Research Service salaries and expenses; and (9) the Government Printing Office (GPO) for congressional printing and binding (including transfer of funds).
(Sec. 1002) Authorizes the U.S. Capitol Police to enter into contracts for services and dispose of surplus or obsolete property.
(Sec. 1004) Gives sole discretion to Chief of the United States Capitol Police (Chief) in: (1) awarding bonuses in Capitol Police recruitment efforts; and (2) activities and programs to recruit individuals without regard to age.
(Sec. 1007) Authorizes the Chief to: (1) establish an educational assistance program under which the Capitol Police may agree to repay student loans or pay for the educational training of employees; (2) provide overtime compensation for officers of the Capitol Police at the rank of lieutenant and higher; (3) provide training to employees; and (4) provide additional compensation for employees with specialty assignments or proficiencies.
(Sec. 1013) Amends the Legislative Branch Appropriations Act, 2002 to: (1) set the rate of pay for the Chief and Assistant Chief of the Capitol Police; and (2) set the rate of pay for the Chief Administrative Officer of the Capitol Police.
(Sec. 1014) Requires the Capitol Police Board to examine and redefine its mission and assess the effectiveness and usefulness of its ability to carry out its mission and meet its goals. Requires the Chief to appoint an Executive Assistant of the Capitol Board to act as a central point for communication and enhance the overall effectiveness and efficiency of the Capitol Police Board's administrative activities.
(Sec. 1015) Transfers all Library of Congress Police employees to the United States Capitol Police.
(Sec. 1017) Authorizes the Chief to appoint any law enforcement officer or any member of the uniformed services to a serve as a special officer of the Capitol Police in the event of an emergency.
(Sec. 1018) Declares that the Chief shall be the sole distributing officer for the Capitol Police. Establishes in the Treasury of the United States a separate account for Capitol Police salaries. Authorizes the Chief to appoint, hire, discharge, and set the terms, conditions, and privileges of employees of the Capitol Police. Establishes a worker's compensation fund in the Capitol Police account.
(Sec. 1019) Requires the Chief to develop a long term strategic plan which outlines the goals and objectives of the Capitol Police.
(Sec. 1101) Authorizes the Director of the Congressional Budget Office (CBO Director) to establish a program providing opportunities for employees of the Office to engage in details or other temporary assignments in other agencies, study, or uncompensated work experience which will contribute to the employees' development and effectiveness.
(Sec. 1102) Authorizes the CBO Director to enter into certain agreements or contracts.
(Sec. 1201) Authorizes the AOC to procure purchases, contracts, services, equipment, and construction.
(Sec. 1203) Establishes a Deputy Architect of the Capitol to be appointed by the AOC to serve as the Chief Operating Officer and assume the duties of the Assistant Architect of the Capitol.
(Sec. 1209) Authorizes the AOC to accept appropriations and services from other Federal agencies to enhance security.
Appropriates funds for FY 2003 for: (1) the Botanic Garden for salaries and expenses; (2) the Library of Congress for salaries and expenses, the Copyright Office, Congressional Research Service, Books for the Blind and Physically Handicapped, and the National Digital Information and Preservation Program; (3) Library buildings and grounds; (4) salaries and expenses of the Government Printing Office's Office of Superintendent of Documents (including transfer of funds); (5) the General Accounting Office; and (6) a payment to the Open World Leadership Center Trust Fund.
Specifies administrative provisions for the Library of Congress identical or similar to corresponding provisions of the Legislative Branch Appropriations Act, 2001.
(Sec. 1302) Reduces the obligational authority of the Library for FY 2003 for reimbursable and revolving fund activities funded from sources other than appropriations to the Library in appropriation Acts for the legislative branch.
Authorizes the Librarian of Congress, under specified conditions, to temporarily transfer funds appropriated in this Act under the heading "Library of Congress Salaries and Expenses" to the revolving fund for the FEDLINK Program and the Federal Research Program established under the Library of Congress Fiscal Operations Improvement Act of 2000.
(Sec. 1304) Amends the Abraham Lincoln Bicentennial Commission Act to allow the staff of the Commission to be appointed without regard to Federal civil service law governing appointments in the competitive service.
(Sec. 1401) Amends the Legislative Branch Appropriations Act, 2001 to change the Russian Leadership Development Center Trust Fund to the Open World Leadership Center Trust Fund.
Title II: General Provisions - Sets forth authorized or prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the Legislative Branch Appropriations Act, 2001.
(Sec. 208) Authorizes the AOC to maintain and improve the landscape features, excluding streets and sidewalks, in the irregular shaped grassy areas bounded by Washington Avenue, SW on the northeast, Second Street SW on the west, Square 582 on the south, and the beginning of the I-395 tunnel on the southeast.
(Sec. 209) Appropriates funds to the John C. Stennis Center for Public Service Training and Development.
Division I: Transportation and Related Agencies Appropriations, 2003 - Department of Transportation and Related Agencies Appropriations Act, 2003 - Title I: Department of Transportation - Makes appropriations for FY 2003 (with specified rescissions, transfers of funds, limitations on obligations and administrative expenses, and liquidations of contract authorizations) for: (1) the Office of the Secretary of Transportation; (2) the Transportation Security Administration (TSA), earmarking amounts for aviation security, maritime and land security, and research and development (R&D) with respect to transportation security; (3) the Coast Guard; (4) the Federal Aviation Administration (FAA); (5) the Federal Highway Administration (FHA), earmarking specified amounts for various Intelligent Transportation System projects; (6) the Federal Motor Carrier Safety Administration; (7) the National Highway Traffic Safety Administration; (8) the Federal Railroad Administration, earmarking specified funds for the National Railroad Passenger Corporation (AMTRAK); (9) the Federal Transit Administration, earmarking specified amounts for new fixed guideway systems; (10) the Saint Lawrence Seaway Development Corporation; (11) the Research and Special Programs Administration; (12) the Office of Inspector General, earmarking amounts to investigate unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents; and (13) the Surface Transportation Board.
Title II: Related Agencies - Makes appropriations for FY 2003 for: (1) the Architectural and Transportation Barriers Compliance Board; and (2) the National Transportation Safety Board.
Title III: General Provisions - Sets forth specified prohibitions, rescissions, limitations, permissions, and mandates with respect to the use of appropriations under this Act identical or similar to those enacted in the Department of Transportation and Related Agencies Appropriations Act, 2000 (P.L. 106-69).
(Sec. 304) Bars the use of funds in this Act for salaries and expenses of more than 106 political and Presidential appointees in the Department of Transportation (DOT). Prohibits such personnel, or such personnel from an independent agency funded in this Act, from being assigned on temporary detail outside DOT or such independent agency.
(Sec. 308) Bars the use of funds provided in this Act for the National Highway Safety Advisory Commission.
(Sec. 310) Sets forth certain requirements for distribution (including in certain cases denial of distribution) of the obligation limitation for Federal-aid Highways amounts for specified Federal highway programs. Sets forth specified Federal highway projects to which the obligation limitation for Federal-aid Highways shall not apply. Provides for the redistribution of any unused obligation limitation on Federal-aid Highways amounts to the States.
(Sec. 311) Prohibits a recipient of funds made available under this Act from disseminating (except as authorized) personal information obtained by a State department of motor vehicles in connection with a motor vehicle record. Prohibits the Secretary of Transportation from withholding such funds from a grantee if a State is in noncompliance with such requirement.
(Sec. 312) Bars the use of funds under this Act to establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara Traffic Separation Scheme and the San Francisco Traffic Separation Scheme.
(Sec. 313) Authorizes airports to transfer to the FAA, without consideration, instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications and which were purchased with airport development grant funds.
(Sec. 316) Bars the use of funds under this Act to compensate in excess of 350 technical staff-years under the federally-funded research and development (R&D) center contract between the FAA and the Center for Advanced Aviation Systems Development during FY 2003.
(Sec. 317) Provides funding of administrative expenses for projects carried out by the Federal Motor Carrier Safety Administration and the FHA.
(Sec. 319) Authorizes certain funds for Alaska or Hawaii ferry boats or ferry terminal facilities to be used to construct new vessels and facilities or to improve existing vessels and facilities, including both the passenger and vehicle-related elements of such vessels and facilities, and for repair facilities. Earmarks specified funds: (1) to be used by the State of Hawaii to initiate and operate a passenger ferryboat services demonstration project to test the viability of different intra-island and inter-island ferry routes; and (2) made available for Alaska or Hawaii ferry boats for use to acquire passenger ferry boats and to provide passenger ferry transportation services within areas of the State of Hawaii under the control or use of the National Park Service.
(Sec. 321) Exempts a general aviation airport with more than 300,000 annual operations from having to accept scheduled passenger air service provided that the airport meets specified conditions.
(Sec. 322) Bars the use of funds, unless authorized by Congress, to pay for specified lobbying activities with respect to a Member of Congress or a State legislature. Permits DOT or related agency employees to communicate to Members of Congress or to a State legislature with respect to requests for legislation or appropriations which they deem necessary for the efficient conduct of business.
(Sec. 323) Permits certain funds to be made available for: (1) Wilmington, Delaware, commuter rail improvements; and (2) Missoula Ravalli Transportation Management Administration buses and bus facilities.
(Sec. 324) Prohibits expenditure of funds made available under this Act by any entity that does not agree to comply with the Buy American Act.
Expresses the sense of Congress that entities receiving assistance under this Act should purchase only U.S.-made equipment and products to the greatest extent practicable.
Prohibits the use of funds for contracts with persons falsely labeling products as made in America.
(Sec. 325) Directs Walnut Ridge Regional Airport, Arkansas, to transfer its localizer instrument landing system, and Williams Gateway Airport, Arizona, to transfer air traffic control tower equipment, to the FAA.
(Sec. 327) Amends Federal transportation law to extend the exemption from obligation limitations of the 100 percent Federal share of funds for the Alaska Highway and the Alaska Marine Highway System.
(Sec. 328) Authorizes the Secretary of Transportation to allow issuers of any preferred stock to redeem or repurchase such stock sold to DOT.
(Sec. 329) Bars the use of funds in this Act to make a grant unless the Secretary, or the Secretary of the Department in which the TSA is operating, notifies the Committees on Appropriations not less than three full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1 million or more is announced by the DOT or its modal administrations from: (1) any discretionary grant program of the FHA other than the emergency relief program; (2) the FAA airport improvement program; (3) any Federal Transit Administration (FTA) program other than the formula grants and fixed guideway modernization programs; or (4) any port security grants totaling $500,000 or more of the TSA.
(Sec. 330) Authorizes appropriations to the Secretary of Transportation to make grants for surface transportation projects.
(Sec. 331) Bars funds made available in this Act for: (1) engineering work related to an additional runway at Louis Armstrong New Orleans International Airport; and (2) the design or construction of a light rail system in Houston, Texas.
(Sec. 332) Makes certain transportation funds available for a Houston, Texas, Metro advanced transit plan provided specified conditions are met.
(Sec. 333) Amends the Air Transportation Safety and System Stabilization Act to rescind $90 million in aviation disaster relief otherwise earmarked for air carriers for losses incurred as a result of the terrorist attacks of September 11, 2001.
(Sec. 334) Requires the Secretary to enter an agreement for the National Academy of Sciences to study and report to the appropriate congressional committees on the shipment of spent nuclear fuel from research nuclear reactors.
(Sec. 335) Bars the use of funds in this Act to adopt guidelines or regulations requiring airport sponsors to provide to the FAA and the TSA without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, aviation security or weather reporting. Provides that such prohibition does not apply to negotiations between the agency and airport sponsors to achieve agreement on "below-market" rates for such items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities and the TSA for necessary security checkpoints.
(Sec. 336) Designates the city of Norman, Oklahoma, to be considered part of the Oklahoma City Transportation Management Area.
(Sec. 337) Authorizes the FAA Administrator to accept funds from an airport sponsor (including entitlement funds under the Grants-in-Aid for Airports program) in order to hire additional staff or obtain the services of consultants with respect to airport projects that will add critical airport capacity to the national air transportation system. Limits the use of such funds to facilitating the timely processing, review, and completion of environmental activities associated with such projects.
(Sec. 338) Authorizes the Secretary of Transportation to provide grants for the construction of an air traffic control tower and the acquisition or installation of equipment to be used in the tower at Double Eagle II Airport, New Mexico.
(Sec. 339) Authorizes States to use allocated highway safety program funds to produce and place highway safety public service messages in television, radio, cinema, print media, and on the Internet in accordance with guidance issued by the Secretary of Transportation. Earmarks the use of certain innovative seat belt project and anti-drunk driving funds to purchase advertising in broadcast media to support the national mobilizations in all 50 States aimed at increasing seat belt use and reducing impaired driving. Earmarks an amount of such funds to be used by the National Highway Traffic Safety Administrator to evaluate the effectiveness of alcohol-impaired driving programs that purchase advertising as provided in this section.
(Sec. 341) Prohibits the obligation of funds in this Act for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, unless such assessments or agreements have completed the normal reprogramming process for congressional notification.
(Sec. 342) Prohibits funds in this Act from being used to issue, implement, or enforce a regulation that diminishes or revokes an exemption regarding maximum driving and on-duty time for drivers of commercial motor vehicles before the Secretary of Transportation determines by a rulemaking proceeding that the exemptions granted are not in the public interest and adversely affect the safety of commercial motor vehicles. Declares that such requirements shall not preclude the Secretary of Transportation from revoking an exemption granted to an individual, farm, company, or other entity for national security reasons.
(Sec. 343) Rescinds unexpended balances of the Local Rail Freight Assistance program. Earmarks the rescinded funds for necessary expenses of the State of Iowa for a rail infrastructure rehabilitation project on the Iowa Northern Railway.
(Sec. 344) Authorizes the Secretary of Transportation to make grants for surface transportation projects.
(Sec. 345) Amends the Transportation Equity Act for the 21st Century to allow changes to various transportation projects in Louisiana, Pennsylvania, New York, Alabama, and Texas.
Makes specified funds available: (1) for a railroad grade separation for the City of Dixon, Solano County, California; and (2) to construct the West Rail project in or near Brownsville, Texas, including a new international railroad bridge crossing over the Rio Grande River.
Directs the Secretary to modify certain agreements in California relating the financing of toll roads.
(Sec. 346) Prohibits funds in this Act from being obligated by the Federal Motor Carrier Safety Administration for the development or implementation of a pilot program to allow commercial drivers 18 to 20 years old to operate the trucks and buses of motor carriers in interstate commerce.
(Sec. 347) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to extend the exemption from the Federal axle weight restrictions to include over-the-road buses.
(Sec. 348) Subjects funds appropriated or limited in this Act to certain terms and conditions contained in Public Law 107-87 regarding the application by Mexican motor carriers for authority to operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border, including that the Secretary of Transportation report annually to the Committees on Appropriations on the safety and security of transportation into the United States by Mexico-domiciled motor carriers.
(Sec. 350) Requires the National Railroad Passenger Corporation (Amtrak) to report annually to the appropriate congressional committees on the per passenger operating loss on each rail line.
(Sec. 351) Amends the Aviation and Transportation Security Act to authorize the Under Secretary of Transportation for Security to deputize State or local law enforcement officers to carry out Federal airport security responsibilities at airports.
(Sec. 352) Directs the Secretary of Transportation to: (1) maintain for a specified period certain restrictions imposed under FAA Notices to Airmen (relating to flight restrictions over major sporting events and other major open assemblies of people); and (2) rescind immediately any waivers or exemptions from such restrictions. Prohibits the Secretary of Transportation from granting any waivers or exemptions to such restrictions, except under specified conditions.
(Sec. 353) Bars the use of funds in this Act to procure Coast Guard ships, including main diesel engines, unless such procurement is in compliance with the Buy American Act.
(Sec. 354) Amends Federal transportation law to repeal a certain prohibition against any action by the Surface Transportation Board that would permit the establishment of nationwide collective ratemaking authority by truck motor carriers. (Effectively allows the Board to approve applications from such carriers seeking to publish national truck rates.)
(Sec. 355) Prohibits funds appropriated in this Act from being used to enforce a regulatory requirement for strengthening flight deck doors on aircraft not currently required by law to have such doors, until the Under Secretary of Transportation for Security, after opportunity for notice and comment, determines that such strengthening is necessary for aviation security purposes.
(Sec. 356) Amends Federal transportation law to make the Federal share for funds for a State-owned railroad in Alaska between 80 and 95 percent, according to specified formulae.
(Sec. 357) Directs the Secretary of Transportation to enter into an agreement with the State of Nevada, the State of Arizona, or both, to provide certain methods of funding for the construction of a Hoover Dam Bypass Bridge.
(Sec. 358) Prohibits funds appropriated in this Act from being made available to any person or entity convicted of violating the Buy American Act.
(Sec. 359) Allows discretionary bridge funding to be used for historic covered bridges.
(Sec. 360) Bars the availability of funds provided under this Act or prior appropriations Acts for Coast Guard acquisition, construction, and improvement after the 15th day of any quarter of any fiscal year, unless the Commandant of the Coast Guard reports quarterly to the Committees on Appropriations on the agency's mission hour emphasis and on all major Coast Guard acquisition projects, including projects executed for them by the U.S. Navy and vessel traffic service projects.
(Sec. 361) Earmarks certain amounts from the Highway Trust Fund for: (1) National Corridor Planning and Development and Coordinated Border Infrastructure Programs; and (2) the Transportation and Community and System Preservation Pilot Program.
(Sec. 362) Reduces funds provided in this Act for the Working Capital Fund.
(Sec. 363) Authorizes the Secretary of Transportation to waive certain requirements included in a conveyance of real property for an airport in Gadsden, Alabama.
(Sec. 364) Rescinds certain funds for the Value Pricing Pilot Program.
(Sec. 365) Makes certain highway project funds available for certain projects in Lake Charles, Louisiana.
(Sec. 366) Makes a specified amount of surface transportation grant funds available to the Secretary of Transportation to make grants to the Kentucky Turnpike Authority to pay the debt on bonds issued by it before January 1, 2003, for the Daniel Boone Parkway, Kentucky, and the Cumberland Parkway, Kentucky.
(Sec. 367) Authorizes the Under Secretary of Transportation for Security to issue letters of intent for airport security improvement projects, provided such a project: (1) involves the replacement of baggage conveyer systems or the reconfiguration of terminal baggage areas in order to install explosive detection systems; and (2) will improve security or will improve efficiency of an airport without lessening security.
Authorizes appropriations for FY 2003 through 2007.
(Sec. 368) Amends the Department of Transportation and Related Agencies Appropriations Act, 2002, with respect to high priority projects under the Transportation Equity Act for the 21st Century, to redesignate the "Passenger only ferry to serve Kitsap and King Counties to Seattle" project as the "Ferry/tunnel project in Bremerton, Washington" project.
(Sec. 370) Amends Federal aviation law to make eligible for airport development project funds the construction of an air traffic control tower or the acquisition and installation of air traffic control, communications, and related equipment at a tower under specified terms.
Authorizes the Secretary of Transportation under the air traffic control contract program to provide grants to a sponsor of a primary airport or a nonprimary airport from certain airport development and noise compatibility planning program funds for: (1) the construction or improvement of a nonapproach control tower (formerly known as a level I air traffic control tower); (2) the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower; and (3) reimbursement for the cost of tower construction or improvement, and acquisition and installation in the tower of such equipment, if certain requirements are met. Revises eligibility requirements with respect to such grants.
Limits the Federal share of cost of construction of a nonapproach control tower to no more $1.1 million.
Authorizes the Administrator of the FAA to enter into a lease agreement or contract agreement with a private entity to provide for construction and operation of a nonapproach control tower. Sets forth certain agreement terms and conditions.
Directs the Secretary of Transportation to study and report to Congress on the feasibility, costs, and benefits of allowing an airport sponsor to use up to ten percent of airport planning and development and noise compatibility planning funds apportioned to it to pay the non-Federal share of the cost of operation of an air traffic control tower.
(Sec. 371) Authorizes additional appropriations to enable the Secretary of Transportation to maintain operations of the Midway Island airfield.
(Sec. 372) Extends until February 19, 2004, (currently May 19, 2003) the period during which an air carrier that provides scheduled air transportation on a route shall provide, to the extent practicable, air transportation to passengers ticketed for air transportation on that route by any other air carrier that suspends, interrupts, or discontinues air passenger service on the route by reason of insolvency or bankruptcy of the other air carrier.
(Sec. 373) Amends the Transportation Equity Act for the 21st Century with respect to high priority projects to replace: (1) the project for construction of a pedestrian bicycle bridge across the Susquehanna River between Havre de Grace and Perryville, Maryland, with a project to develop the Lower Susquehanna Heritage Greenway, Maryland, including acquisition of property, construction of hiker-biker trails, and construction or use of docks, ferry boats, bridges, or vans to convey bikers and pedestrians across the Susquehanna River between Cecil County and Harford County; and (2) the project to reconstruct the 79th Street Traffic Circle, New York City, with a Cross Harbor Freight Movement Project EIS, New York City.
(Sec. 375) Makes specified amounts of unobligated funds for highway demonstration projects and Federal highway demonstration projects for Pennsylvania State Route 711 Bypass (Ligonier) available for transportation projects in Allegheny, Armstrong, Cambria, Fayette, Greene, Indiana, Somerset, Washington, and Westmoreland Counties, Pennsylvania.
(Sec. 377) Transfers a specified amount of funds from the Federal-aid Highways account to the Federal Transit Administration's Formula Grant account for the Jersey City Pier redevelopment and terminal construction project.
Division J: Treasury and General Government Appropriations, 2003 - Treasury and General Government Appropriations Act, 2003 - Title I: Department of the Treasury - Treasury Department Appropriations Act, 2003 - Makes appropriations to the Department of the Treasury for FY 2003 for: (1) departmental offices; (2) department-wide systems and capital investments programs for development and acquisition of automatic data processing equipment, software, and services; (3) the Office of Inspector General; (4) the Treasury Inspector General for Tax Administration; (5) the Air Transportation Stabilization Board; (6) repair, alteration, and improvement of the Treasury building and annex; (7) expanded access to financial services for low- and moderate-income individuals; (8) counterterrorism measures; (9) the Financial Crimes Enforcement Network; (10) the Federal Law Enforcement Training Center, including amounts for acquisition, maintenance, and facility improvements; (11) interagency crime and drug enforcement; (12) the Financial Management Service; (13) the Bureau of Alcohol, Tobacco, and Firearms; (14) the U.S. Customs Service, including amounts for collection of the Harbor Maintenance Fee, operation and maintenance of marine vessels and aircraft, and automation modernization; (15) the United States Mint; (16) the Bureau of the Public Debt; (17) the Internal Revenue Service, including amounts for tax law enforcement, the earned income tax credit compliance and error reduction initiatives, information systems and telecommunications support, and the capital asset acquisition of information technology systems; (18) administration of the health insurance tax credit; and (19) the U.S. Secret Service.
Sets forth authorized uses of, and limitations on, such funds.
(Sec. 119) Amends the Department of Justice Appropriations Act, 1998 to extend for an additional year the period for a personnel management demonstration project for designated critical positions in the Bureau of Alcohol, Tobacco, and Firearms.
(Sec. 120) Prohibits funds made available by this Act from being used: (1) by the United States Mint to construct or operate any museum without the explicit approval of specified congressional committees; or (2) for the production of Customs Declarations that do not inquire whether the passenger had been in the proximity of livestock.
(Sec. 122) Directs the Federal Law Enforcement Training Center to establish an accrediting body to set standards for measuring and assessing the quality and effectiveness of Federal law enforcement training.
(Sec. 123) Amends the Treasury Department Appropriations Act, 1997 to extend the Treasury Franchise Fund through October 1, 2004.
(Sec. 125) Amends the John C. Stennis Center for Public Service Training and Development Act and the James Madison Memorial Fellowship Act to allow funds in the Stennis and Madison Funds, respectively, to be invested in certain par-value securities.
(Sec. 127) Directs the Commissioner of Customs to seek to establish Integrated Border Inspection Areas on either side of the United States-Canada border for the inspection of vehicles before entry, allowing for the employment of reverse inspection techniques.
Title II: Postal Service - Postal Service Appropriations Act, 2003 - Makes FY 2003 appropriations for payments to the Postal Service Fund for revenue foregone on free and reduced rate mail.
Sets forth authorized uses of, and limitations on, such funds.
Title III: Executive Office of the President and Funds Appropriated to the President - Executive Office Appropriations Act, 2003 - Makes FY 2003 appropriations for: (1) the Executive Office of the President, including compensation of the President; (2) the Office of Homeland Security; (3) operating and reimbursable expenses of the Executive Residence at the White House; (4) the Council of Economic Advisers; (5) the Office of Policy Development; (6) the National Security Council; (7) the Office of Administration; (8) the Office of Management and Budget; (9) the Office of National Drug Control Policy; (10) the Counterdrug Technology Assessment Center; and (11) the Federal drug control programs, including amounts for the High Intensity Drug Trafficking Areas Program and for a national anti-drug campaign for youth.
Title IV: Independent Agencies - Independent Agencies Appropriations Act, 2003 - Makes FY 2003 appropriations for: (1) the Committee for Purchase From People Who Are Blind or Severely Disabled; (2) the Federal Election Commission; (3) the Federal Labor Relations Authority; (4) the General Services Administration, including amounts for the Federal Buildings Fund, Government-wide policy and evaluation activities, the Office of Inspector General, the Electronic Government Fund, allowances and office staff for former Presidents, and election reform reimbursements to States; (5) the Merit Systems Protection Board; (6) the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation; (7) the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998; (8) the National Archives and Records Administration, including an amount for repairs and restoration of archives; (9) the National Historical Publications and Records Commission; (10) the Office of Government Ethics; (11) the Office of Personnel Management, including an amount for the Office of Inspector General; (12) Government contributions for health and life insurance benefits for annuitants; (13) the Civil Service Retirement and Disability Fund; (14) the Office of Special Counsel; (15) the U.S. Tax Court; and (16) the White House Commission on the National Monument of Remembrance.
(Sec. 408) Designates the: (1) Federal building and U.S. courthouse in Gulfport, Mississippi, as the Judge Dan M. Russell, Jr. Federal Building and United States Courthouse; (2) U.S. courthouse in Central Islip, New York, as the Alfonse M. D'Amato United States Courthouse; (3) building in Denver, Colorado, known as the Collonade Center as the Cesar E. Chavez Memorial Building; (4) U.S. courthouse in Little Rock, Arkansas, as the Richard Sheppard Arnold United States Courthouse; (5) Federal building and U.S. courthouse in Youngstown, Ohio, as the Nathaniel R. Jones Federal Building and United States Courthouse; and (6) U.S. courthouse in Fort Worth, Texas, as the Eldon B. Mahon United States Courthouse.
(Sec. 413) Authorizes the Administrator of General Services to acquire certain properties in Salt Lake City, Utah, and to relocate a historical building currently located on one of the properties.
Title V: General Provisions (This Act) - Sets forth authorized and prohibited uses of funds made available under this Act.
(Sec. 505) Sets forth Buy American provisions, including one providing that entities receiving financial assistance under this Act to purchase equipment or products should purchase only American-made equipment and products.
(Sec. 509) Prohibits funds made available in this Act from being used by the Executive Office of the President to request from the Federal Bureau of Investigation any official background investigation report on any individual except when: (1) such individual has given his or her express written consent for such a request not more than six months prior to the date of such request and during the same presidential administration; or (2) such request is required due to extraordinary circumstances involving national security.
(Sec. 513) Increases the size of the endowment for future Presidential libraries.
(Sec. 514) Prohibits the transfer of funds made available in this Act to any Government department, agency, or instrumentality, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
(Sec. 516) Prohibits funds appropriated by this Act from being available for an abortion or the administrative expenses of any Federal employee health plan which provides benefits for abortions. Makes such prohibition inapplicable if the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest.
(Sec. 518) Prohibits funds provided in this Act from being used to procure any product, articles, goods, or wares mined, manufactured, or produced by forced or indentured child labor.
Title VI: General Provisions (Departments, Agencies, and Corporations) - Sets forth authorized and prohibited uses of funds appropriated for Federal departments, agencies, and corporations.
(Sec. 619) Bars the use of Customs Service funds for the importation of any goods produced or manufactured by forced or indentured child labor.
(Sec. 621) Prohibits funds made available in this or any other Act from being obligated or expended for any employee training that: (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or "new age" belief systems; or (5) is offensive to, or designed to change, participants' personal values or lifestyles outside the workplace.
(Sec. 630) Permits a woman to breast-feed her child at any location in a Federal building or on Federal property if the woman and her child are otherwise authorized to be present.
(Sec. 633) Amends the Government Management Reform Act of 1994 to extend franchise fund pilot programs.
(Sec. 634) Prohibits, with specified exceptions, including exceptions for law enforcement and supervisory purposes, the use of funds made available in this or any other Act by any Federal agency to collect personally identifiable information relating to an individual's access to or use of Federal or nongovernmental Internet sites.
(Sec. 635) Bars funds appropriated by this Act from being used to enter into or renew a contract providing prescription drug coverage, except where the contract also provides for contraceptive coverage. Exempts a contract with any of two specified religious plans and any existing or future plan whose carrier objects to such coverage on the basis of religious beliefs.
(Sec. 636) Recognizes the United States Anti-Doping Agency as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United States.
(Sec. 637) Mandates a 4.1 percent increase in rates of basic pay for the statutory pay systems in FY 2003 with respect to pay schedules and locality-based comparability payments under Federal civil service law. States that such increase shall be paid from appropriations made to each applicable department or agency for salaries and expenses for FY 2003.
(Sec. 639) Expresses the sense of Congress that: (1) Congress should address United States Postal Service funding of Civil Service Retirement System pension benefits; and (2) there should be pay parity between military and Federal civilian employees, including wage grade civilian employees.
(Sec. 641) Directs the Administrator of General Services to accept a specified parcel of real property in Boca Raton, Florida, and to submit a report to Congress concerning such property.
(Sec. 642) Revises the definition of average pay for certain Secret Service retirees for purposes of annuity determinations.
(Sec. 644) Prohibits the use of funds from this or any other Act in any fiscal year to facilitate the release of certain law enforcement database information in response to requests made under the Freedom of Information Act.
(Sec. 646) Prohibits the use of this Act's funds to: (1) implement or enforce regulations relating to the determination that real estate brokerage is an activity that is financial in nature or incidental to a financial activity; or (2) establish, apply, or enforce any numerical goal, target, or quota for the contracting-out of Federal contracts.
Division K: Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations, 2003 - Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003 - Title I: Department of Veterans Affairs - Makes appropriations for FY 2003 to the Department of Veterans Affairs (Department) for: (1) veterans' compensation, pensions, and readjustment benefits; (2) veterans' insurance and indemnities; (3) veterans' housing, education, and vocational rehabilitation loan accounts; (4) veterans' medical care; (5) medical and prosthetic research; (6) medical administration; (7) departmental administration; (8) the National Cemetery Administration; (9) the Office of Inspector General; (10) construction; (11) the parking revolving fund; and (12) grants to States for construction of extended care facilities and cemeteries.
Sets forth authorized uses of, and limitations on, funds made available under this title.
(Sec. 107) Directs the Secretary of Veterans Affairs to reimburse the "General operating expenses" account from the National Service Life Insurance Fund, the Veterans' Special Life Insurance Fund, and the United States Government Life Insurance Fund for the cost of administration of the insurance programs financed through those accounts.
(Sec. 108) Directs the Department to continue until October 1, 2003, the Franchise Fund pilot program for providing administrative support services to designated Federal agencies. Extends program funding through such date.
(Sec. 110) Requires for FY 2003 that funds available in any Department appropriation or fund for salaries and other administrative expenses shall be available to reimburse specified service costs provided by the Offices of Resolution Management and Employment Discrimination Complaint Adjudication.
(Sec. 111) Prohibits the use of appropriations made by this title for: (1) entering into any new lease of real property with an estimated annual rental of over $300,000, unless the Secretary submits a report which the congressional appropriations committees approve within 30 days after submission; or (2) hospitalization or treatment for non-service-connected disability or illness unless the individual provides accurate insurance and annual income information.
(Sec. 113) Repeals the Department of Veterans Affairs Health Services Improvement Fund. Transfers remaining Fund amounts to the Department of Veterans Affairs Medical Care Collections Fund.
(Sec. 114) Earmarks funds appropriated under this title for information technology initiatives to support the Department's enterprise architecture.
(Sec. 115) Prohibits the use of funds in this Act to implement specified provisions of the Department of Veterans Affairs Emergency Preparedness Act of 2002 that: (1) establish medical emergency preparedness centers at Department medical centers; and (2) add an Assistant Secretary of Veterans Affairs for Operations, Preparedness, Security, and Law Enforcement Functions.
(Sec. 116) Exempts veterans' medical care funds from across-the-board rescissions required under section 601 of Division N of this Act.
Title II: Department of Housing and Urban Development - Makes FY 2003 appropriations for the Department of Housing and Urban Development (HUD) for: (1) public and Indian housing; (2) the Public Housing Capital and Operating Funds; (3) revitalization of severely distressed public housing (HOPE VI); (4) Native American housing block grants; (5) Indian and Native Hawaiian housing loan guarantees; (6) housing opportunities for persons with AIDS; (7) the Office of Rural Housing and Economic Development; (8) empowerment zones and enterprise communities; (9) community development block grants and loan guarantees; (10) brownfields redevelopment; (11) the HOME investment partnerships program; (12) homeless assistance grants; (13) housing for special population s ; (14) flexible subsidy fund; (15) manufactured housing fees trust fund; (16) the Federal Housing Administration; (17) the Government National Mortgage Association; (18) housing policy development and research; (19) fair housing activities; (20) the Office of Lead Hazard Control; (21) management and administration; (22) the Working Capital Fund; (23) the Office of Inspector General; and (24) the Office of Federal Housing Enterprise Oversight.
Rescinds specified amounts: (1) of recaptured rental housing assistance budget authority; and (2) from the consolidated fee fund.
(Sec. 201) States that 50 percent of budget authority amounts, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from certain "qualified projects" under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 shall be rescinded, or in the case of cash, remitted to the Treasury, and such non-rescinded or non-remitted amounts shall be used by State housing finance agencies or local governments or local housing agencies for certain approved projects. Authorizes the Secretary to use up to15 percent of such non-rescinded or non-remitted amounts as refinancing incentives for project owners.
(Sec. 202) Prohibits funds under this Act from being used during FY 2003 to investigate or prosecute under the Fair Housing Act any otherwise lawful activities aimed at achieving or preventing government or court action.
(Sec. 203) Directs the Secretary of Housing and Urban Development (Secretary) to make housing for persons with AIDS grants to any State that qualified in FY 2002 but does not qualify in FY 2003 due to decreased AIDS cases in non-metropolitan areas of the State.
(Sec. 204) Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 to extend through FY 2003 certain housing for persons with AIDS grant allocation provisions between Philadelphia and New Jersey.
Requires: (1) the Secretary to allocate to Wake County, North Carolina, certain FY 2003 housing for persons with AIDS funds that would otherwise be allocated to Raleigh, North Carolina, on behalf of the Raleigh-Durham-Chapel Hill, North Carolina, Metropolitan Statistical Area; and (2) that the allocation be used in such Area.
(Sec. 205) Declares, with respect to FY 2003 assisted living facility section 8 rental payments, that a family residing in an assisted living facility in Oakland, Macomb, Wayne, or Washtenaw Counties, Michigan, may be required to pay rent in an amount exceeding 40 percent of its monthly adjusted gross income.
(Sec. 206) Requires HUD to grant awards on a competitive basis.
(Sec. 207) Prohibits fund use to provide assistance for certain State and city funded housing under the United States Housing Act of 1937 as ``covered locally developed public housing units.'' Provides that: (1) New York and Massachusetts shall reimburse funds already made available under any appropriations Act for these units for reallocation to public housing agencies; and (2) if either State fails to make such reimbursement within 12 months, the Secretary shall recapture such funds through reductions from specified Housing and Community Development Act of 1974 allocations.
(Sec. 208) Makes HUD funds subject to the Government Corporation Control Act or other restrictions available, without regard to limitations on administrative expenses, for legal services and services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation.
(Sec. 209) Limits HUD spending to amounts set forth in budget estimates submitted to Congress.
(Sec. 210) Authorizes HUD corporations and agencies subject to the Government Corporation Control Act to make necessary FY 2003 expenditures without regard to fiscal year limitations. Limits the use of collections of these corporations and agencies (with specified exceptions) to new loan or mortgage purchase commitments only to the extent expressly provided for in this Act, unless they are in support of other forms of assistance provided in this or prior appropriations Acts.
(Sec. 211) Prohibits the obligation or expenditure by HUD of funds provided in this title for technical assistance, training, or management improvements unless HUD provides to the Committees on Appropriations a description of each proposed activity and detailed budget estimates of the costs associated with each program, project, or activity (by March 15, 2003, for FY 2003).
(Sec. 212) Amends the United States Housing Act of 1937 to repeal certain State and city funded housing provisions relating to Operating and Capital Funds allocations.
(Sec. 213) Directs the Secretary, in managing and disposing of any HUD-held multifamily property that is occupied primarily by elderly or disabled families in FY 2003, to maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 that are attached to such dwelling units. Authorizes the Secretary, if such payments are not feasible, to contract for project-based rental assistance payments with an owner or owners of other existing housing properties or provide other rental assistance.
(Sec. 214) Exempts public housing agencies in Alaska, Iowa, or Mississippi from the requirement of having a public housing resident or section 8 recipient on the board of directors for FY 2003. Requires such public housing agencies to establish advisory boards that include public housing tenants and section 8 recipients.
(Sec. 215) Amends the United States Housing Act of 1937 to extend the sunset date to September 30, 2004, and authorize specified FY 2003 appropriations, for project demolition, site revitalization, replacement housing, and tenant-based assistance grants.
(Sec.216) Directs the Secretary to: (1) report quarterly regarding all uncommitted, unobligated, and excess funds in each Department program; and (2) report annually regarding the number of federally assisted units under lease and the per unit cost of these units to the Department.
(Sec. 218) Authorizes the Enterprise Housing Corporation of Maryland to use the remaining balance of a specified grant award within the East Baltimore Community, Baltimore, Maryland.
(Sec. 219) States that in applying the across-the-board rescission under section 601 of division N of this Act to amounts made available under the heading `Housing certificate fund', the Secretary shall have discretion in applying such rescission among the programs, projects, or activities within the account.
Title III: Independent Agencies - Makes appropriations for FY 2003 for: (1) the American Battle Monuments Commission; (2) the Chemical Safety and Hazard Investigation Board; (3) the Department of the Treasury, Community Development Financial Institutions Fund Program Account; (4) the Consumer Product Safety Commission; (5) the Corporation for National and Community Service; (6) the U.S. Court of Appeals for Veterans Claims; (7) the Department of Defense-Civil for cemeterial expenses, Army; (8) the Department of Health and Human Services, National Institute of Environmental Health Sciences; (9) the Agency for Toxic Substances and Disease Registry; (10) the Environmental Protection Agency; (11) the Hazardous Substance Superfund, including transfers of funds; (12 ) the Executive Office of the President, Office of Science and Technology Policy, the Council on Environmental Quality, and the Office of Environmental Quality; (13) the Federal Deposit Insurance Corporation, Office of Inspector General; (14) the Federal Emergency Management Agency; (15) the General Services Administration, Federal Citizen Information Center Fund; (16) the Interagency Council on the Homeless; (17) the National Aeronautics and Space Administration (NASA); (18) the National Credit Union Administration; (19) the National Science Foundation; (20) the Neighborhood Reinvestment Corporation; and (21) the Selective Service System.
Title IV: General Provisions - Sets forth conditions and limitations on the obligation and expenditure of funds appropriated or made available under this Act.
(Sec. 409) Expresses the sense of Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made.
(Sec. 415) Encourages all Departments and agencies funded under this Act, within the limits of existing statutory authorities and funding, to expand their use of "E-Commerce" technologies and procedures in the conduct of their business practices and public service activities.
(Sec. 417) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to reduce from 15 percent to 7.5 percent of the estimated aggregate amount of repair and replacement grants the total amount of contributions the President may make for hazard mitigation measures for a major disaster.
(Sec. 418) Amends the National Aeronautics and Space Administration Act of 1958 to permit NASA to enter into enhanced-use leases of real property at up to two centers.
(Sec. 419) Declares that amounts provided in the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Acts on the United States Act, 2002 (P.L. 107-117) and subsequent appropriations Acts for the construction of emergency operations centers (or similar facilities) shall only require a 25 percent non-Federal cost share (making the mandatory Federal cost share 75 percent).
(Sec. 420) Prohibits fund use under this Act to procure passenger automobiles with an EPA estimated miles per gallon average of less than 22 miles per gallon.
(Sec. 421) Amends the Federal Fire Prevention and Control Act of 1974 to make the Alaska Village Initiatives an eligible firefighter assistance grantee on behalf of Alaska Native villages.
(Sec. 422) Authorizes the Secretary of the Department of Homeland Security to acquire certain undeveloped property adjacent to a Federal Emergency Management Agency facility in Clarke County and Loudoun County, Virginia.
(Sec. 423) Amends Federal law to make the Administrator of NASA eligible for Federal passenger carrier use between home and place of employment.
Division L: Homeland Security Act of 2002 Amendments - Homeland Security Act Amendments of 2003 - (Sec. 101) Amends the Homeland Security Act of 2002 to: (1) expand the discretion of the Secretary of Homeland Security to apply listed criteria and to include additional criteria in designating university-based centers for homeland security; (2) require the Secretary to publish the criteria excepted or added and the justification for the criteria used; and (3) report annually on center designation or modification.
Allows the Secretary to waive the prohibition against Federal contracts with foreign incorporated entities that are treated as inverted domestic corporations, with respect to any specific contract, only if the Secretary determines that the waiver is required in the interest of homeland security (currently, also if the Secretary determines that the waiver is required to prevent the loss of any jobs in the United States or to prevent the Government from incurring any additional costs).
(Sec. 102) Repeals amendments made to the Public Health Service Act redefining the terms "manufacturer" and "vaccine-related injury or death" and defining the term "vaccine." Applies and administers such Act as if such amendments had never been enacted.
Calls for specified congressional committees to report a bill addressing challenges facing the Nation's ability to produce and develop new and effective vaccines and steps needed, especially in view of biological threats, to revitalize our immunization efforts, including ensuring that: (1) patients who have suffered vaccine-related injuries have the opportunity to seek fair and timely redress; and (2) vaccine manufacturers, physicians, and administrators have adequate protections.
(Sec. 103) Subjects: (1) any transfer of funds by the Office of Science and Technology to other Federal agencies, any provision of funding by the Office to non-Federal entities, or any transfer of Department of Justice personnel or assets to the Office, to reprogramming restrictions under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002; and (2) restrictions on the acceptance, use, or disposal of certain gifts and services by the Department of Homeland Security (DHS) to certain existing authority for the armed services. Exempts funds provided to the Coast Guard from the Aquatic Resources Trust Fund for boating safety programs from the prohibition on the use of transportation trust funds by any DHS official.
Requires any reports, notifications, or consultations addressing the use of appropriated funds required to be submitted to Congress or any congressional committee under such Act to also be submitted to the House and Senate Appropriations Committees.
(Sec. 104) Requires DHS to have an Office of Inspector General (current law provides for the appointment of a DHS Inspector General). Amends the Inspector General Act of 1978 to: (1) authorize the DHS Inspector General to conduct and supervise such audits and investigations in DHS as considered appropriate; (2) require that any reports of particularly serious problems or abuses relating to the administration of programs and operations required to be transmitted by the Secretary to the appropriate congressional committees and subcommittees also be transmitted to the President of the Senate and the Speaker of the House of Representatives; and (3) grant the DHS Inspector General oversight responsibility for the internal investigations performed by the Bureaus of Border Security and Citizenship and Immigration Services.
(Sec. 105) Charges the Secretary (currently, the Attorney General) with the administration and enforcement of laws relating to the immigration and naturalization of aliens.
Provides that provisions of the Act relating to the Executive Office for Immigration Review shall take effect on the date of the transfer of functions from the Commissioner of Immigration and Naturalization to DHS officials.
(Sec. 106) Provides that the transfer of functions of the Bureau of Alcohol, Tobacco, and Firearms to the Department of Justice shall not affect any pending or completed administrative actions, any proceeding, or any pending civil actions.
(Sec. 107) Restores provisions of the Immigration and Nationality Act that allow fees for providing adjudication and naturalization services to be set at a level that will ensure recovery of the full costs of providing all such services, including the costs of similar services provided without charge to asylum applicants or other immigrants.
Division M: Other Matters - (Defense-Related Technical Corrections) - Amends the Department of Defense Appropriations Act, 2003 to authorize specified funds to settle disputed takings of property adjacent to the Tooele Army Depot, Utah.
(Sec. 102) Earmarks specified funds under such Act for the disposal of obsolete vessels in the Maritime Administration National Defense Reserve fleet. Requires a report from the Secretaries of the Navy and Transportation to the congressional defense committees concerning such vessels.
(Sec. 103) Amends the Military Construction Appropriation Act, 2003 to allow specified funds to be used to provide communications connectivity between the various North Atlantic Treaty Organization headquarters and the capitals of the New Independent States of the former Soviet Union.
(Sec. 105) Authorizes the Secretary of the Air Force to transfer specified funds under such Act to the U.S. Fish and Wildlife Service for the acquisition of land at Nellis Air Force Base, Nevada.
(Sec. 106) Increases from $100,000 to $250,000 the expense/investment threshold for items purchased with Department of Defense (DOD) operation and maintenance funds. Authorizes the Office of Economic Adjustment to make designated grants using such funds.
(Sec. 107) Directs the Secretary of Defense (Secretary) to make specified transfers of funds between various DOD accounts.
(Sec. 108) Directs the Secretary, using specified funds under the Department of Defense Appropriations Act, 2003, to award a grant to the: (1) Commonwealth of Pennsylvania for Quecreek Mine disaster rescue and recovery efforts; and (2) city of Philadelphia for safety and security lighting of the Platt Bridge.
(Sec. 109) Appropriates a total of $10 billion among specified DOD accounts, in addition to amounts appropriated under such Act, for support of the global war on terrorism and classified activities.
(Sec. 111) Prohibits any funds made available to DOD from being obligated or expended on research and development on the Total Information Awareness (TIA) program unless: (1) the Secretary reports to Congress detailed information on each project to be funded under the program; or (2) the President certifies in writing that the submission of such report is not practical and the cessation of research under the program would endanger U.S. national security. States that, if and when research and development on the TIA program permits the deployment of a program or component, no Federal department or agency may deploy or implement such a program or component until the Secretary: (1) notifies Congress of each program element and related information; and (2) has received specific authorization by law for its deployment or implementation. Provides exceptions in the case of lawful military operations conducted outside the United States and lawful foreign intelligence activities conducted against non-U.S. persons. Expresses the sense of Congress that: (1) the TIA program should not be used to develop technologies for conducting intelligence or law enforcement activities against U.S. persons without appropriate consultation with Congress or clear adherence to the protection of civil liberties and privacy; and (2) the primary purpose of the Defense Advanced Research Projects Agency is to support lawful activities of DOD and U.S. national security programs.
(Sec. 112) Authorizes the Secretary to transfer up to $500 million of funds under the Department of Defense Appropriations Act, 2003 to meet unforeseen fuel cost requirements resulting from revised pricing and the war on terrorism.
Prohibits the use of any DOD funds for the drawdown authority under the Afghanistan Freedom Support Act of 2002 prior to DOD notification of the congressional appropriations committees.
Division N: Emergency Relief and Offsets - Miscellaneous Appropriations Act, 2003 - Title I: Election Reform - Appropriates funds for FY 2003 to: (1) the Election Assistance Commission and the General Services Administration for election reform programs under the Help America Vote Act of 2002 to provide assistance to States and localities in improving election technology and the administration of Federal elections; and (2) the Department of Health and Human Services for disabled voter services under such Act.
Title II: Agricultural Assistance - Agricultural Assistance Act of 2003 - (Sec. 202) Requires the Secretary of Agriculture to use Commodity Credit Corporation (CCC) funds to make emergency financial assistance available to farm producers that have incurred qualifying losses for the 2001 or 2002 crop of an agricultural commodity (other than sugar or tobacco) due to damaging weather or related condition.
Directs the Secretary to make assistance available in the same manner as prescribed by the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001, using the same loss thresholds for quantity and quality losses.
Sets the crop assistance payment rate for a crop at: (1) 50 percent of the applicable price for the crop if the producers obtained a policy or plan of insurance, including a catastrophic risk protection plan, under the Federal Crop Insurance Act (FCIA), or if a policy or plan of insurance, including a catastrophic risk protection plan, for the crop was not available under such Act; or (2) 45 percent of the applicable price for the crop if the producers did not obtain a policy or plan of insurance, including a catastrophic risk protection plan, available for the crop under such Act.
Requires a producer to elect to receive assistance under this section for losses incurred in either the 2001 or the 2002 crop year, but not both.
Limits any assistance to a producer for crop losses to 95 percent of what the value of the crop would have been in the absence of the losses, as estimated by the Secretary.
Denies eligibility for crop disaster assistance for losses to an insurable or noninsurable commodity if the producers on a farm: (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for it under FCIA; or (2) in the case of a noninsurable commodity, did not file the required paperwork for it, and pay the administrative fee by the applicable State filing deadline, under the Federal Agriculture Improvement and Reform Act of 1996 (FAIR Act).
Authorizes the Secretary to waive such an eligibility denial if the producers enter into a contract with the Secretary agreeing: (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under FCIA providing additional coverage for each of the next two crops; and (2) in the case of a noninsurable commodity, to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for each of the next two crops under the FAIR Act.
Requires a producer violating such a contract to reimburse the Secretary the full amount of assistance provided.
(Sec. 203) Directs the Secretary to use specified CCC funds to carry out the 2002 Livestock Compensation Program announced by the Secretary on October 10, 2002, making payments to livestock producers for losses in a disaster county, using criteria established to carry out the 1999 Livestock Assistance Program.
Requires a livestock producer to elect to receive assistance under this section for losses incurred in either the 2001 or the 2002 calendar year, but not both.
(Sec. 204) Directs the Secretary to transfer certain CCC funds to a specified fund to carry out emergency surplus removal of agricultural commodities.
(Sec. 205) Directs the Secretary to use CCC funds to make payments to tobacco producers for the 2002 crop year with respect to: (1) flue-cured tobacco, comprising types 11, 12, 13, and 14; (2) fire-cured tobacco, comprising types 21, 22, and 23; (3) dark air-cured tobacco, comprising types 35 and 36; (4) Virginia sun-cured tobacco, comprising type 37; (5) burley tobacco, comprising type 31; and (6) cigar-filler and cigar-binder tobacco, comprising types 42, 43, 44, 54, and 55. Specifies poundage payment quantities, including conversion of individual allotments to such quantities.
Sets forth a special rule for Georgia under which the Secretary may make such payments to eligible persons in Georgia only if the State of Georgia agrees to use $13 million to make payments at the same time, or subsequently, to the same persons in the same manner as provided for the Federal payments under this Act, as required by the Agricultural Risk Protection Act of 2000.
Declares that a determination by the Secretary under this section shall not be subject to judicial review.
(Sec. 206) Directs the Secretary to use certain CCC funds to provide assistance to producers and first-handlers of the 2002 crop of cottonseed.
(Sec. 207) Directs the Secretary to make available to first processors eligible to obtain a loan the Federal Agriculture Improvement and Reform Act of 1996 assistance in the form of payments, or commodities (up to an aggregate 150,000 tons) in the CCC inventory, to partially compensate producers and first processors for crop and other losses in a State for which a qualifying natural disaster (such as a hurricane) was declared during calendar 2002.
(Sec. 208) Directs the Secretary to use certain CCC funds to provide assistance to sugar beet producers that suffered production losses (including quality losses), as determined by the Secretary, for either the 2001 crop year or the 2002 crop year, but not both, as elected by the producers.
(Sec. 209) Directs the Secretary to use certain CCC funds to make a grant to the State of Texas, acting through the Texas Department of Agriculture, to provide assistance to agricultural producers in Texas with farming operations along the Rio Grande that have suffered economic losses during the 2002 crop year due to the failure of Mexico to deliver water to the United States in accordance with the 1944 Treaty Relating to the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, and Supplementary Protocol.
(Sec. 210) Directs the Secretary to use certain CCC funds to reimburse agricultural producers on farms located in the vicinity of Malaga, New Mexico, for losses incurred during calendar 2002 and 2003 as the result of the application by the Federal Government of tebuthiuron on land on or near their farms during August 2002.
(Sec. 211) Directs the Secretary to use certain CCC funds to compensate commercial citrus and lime growers in Florida for lost production with respect to trees removed after September 30, 2001, to control citrus canker, and with respect to certified citrus nursery stocks within the citrus canker quarantine areas, as determined by the Secretary.
(Sec. 212) Amends the Food Security Act of 1985 (FSA) with respect to the requirement under a conservation contract with a farm or ranch owner or operator that the Secretary of Agriculture, in permitting routine managed harvesting and grazing, or harvesting or grazing conducted in response to a drought or other emergency, reduce the rental payment otherwise payable under the contract by an amount commensurate with the economic value of the activity. Makes such requirement inapplicable to calendar 2002, and requires the Secretary to repay the owner or operator for any reduction in rental payments made as the result of the application of the rent reduction to such year.
(Sec. 213) Amends FSA to make available for technical assistance for all conservation reserve programs CCC funds made available for the farmland protection program, the grassland reserve program, the environmental quality incentives program, and the wildlife habitat incentives program. States that such funds shall not be considered an allotment or fund transfer from the CCC for purposes of the limit on expenditures for technical assistance imposed the Commodity Credit Corporation Charter Act.
(Sec. 214) Amends the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001, as amended by the Miscellaneous Appropriations Act, 2001, regarding the authority of producer-owned cooperative marketing associations to settle fully, without further cost, a loan made for the 1999 crops of burley tobacco by forfeiting to the CCC the covered tobacco regardless of its condition. Extends such authority with regard to any kind of tobacco, particularly the 1999, 2000, and 2001 crops of type 21 Fire-cured tobacco or type 37 Virginia sun-cured tobacco.
(Sec. 215) Directs the Secretary to use certain additional CCC funds for payments to agricultural producers for incidental costs incurred for bovine tuberculosis eradication.
(Sec. 216) Directs the Secretary to use certain additional CCC funds, facilities, and authorities to carry out this title and, acting through the Farm Service Agency, cover administrative costs associated with the implementation of this title and commodity programs under the Farm Security and Rural Investment Act of 2002.
Amends the Farm Security Act of 1985 to limit the amount of funds the Secretary is required to use for the conservation security program for FY 2003 through 2013.
(Sec. 217) Authorizes the Secretary to promulgate regulations to implement this title without regard to specified notice, comment, and public participation requirements of Federal law, including the Paperwork Reduction Act.
Requires the Secretary to use authority under Federal law which declares that certain rules shall take effect when the promulgating agency determines, if related to hunting, fishing, or camping, or on which for good cause a Federal agency finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest.
(Sec. 218) Declares that the provisions of this title that would have been estimated by OMB as changing direct spending or receipts under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) were they included in an Act other than an appropriations Act shall be treated as direct spending or receipts legislation, as appropriate, under such Act and by the Chairmen of the House and Senate Budget Committees, as appropriate, under the Congressional Budget Act of 1974.
Title III: Wildland Fire Emergency - Makes appropriations to the Bureau of Land Management of the Department of the Interior and the Forest Service of the Department of Agriculture for wildfire suppression and emergency rehabilitation. Specifies related transfers of funds.
Title IV: TANF and Medicare - (Sec. 401) Amends Public Law 107-229 (Continuing Appropriations for FY 2002), as amended, to extend through June 30, 2003, activities under part A (Temporary Assistance to Needy Families (TANF)) of title IV of the Social Security Act.
(Sec. 402) Amends title XVIII (Medicare) of the Social Security Act (SSA) to specify that there shall be no administrative or judicial review of any prospective redetermination of the sustainable growth rates for any or all previous fiscal years of payments for physicians' services.
Declares that, for purposes of making payments to hospitals for inpatient hospital services for discharges occurring between April 1, 2003, and September 30, 2003, the applicable standardized amount for hospitals located other than in a large urban area shall be increased to an amount equal to the standardized amount otherwise applicable for hospitals located in a large urban area for that period. States that such increase shall not apply to discharges occurring after such period, and shall not be taken into account in calculating the payment amounts applicable for such discharges.
(Sec. 403) Allows to continue through FY 2003 certain activities authorized under SSA title XIX (Medicaid) for FY 2002 for medical assistance and State coverage of Medicare cost-sharing for additional low-income Medicare beneficiaries with incomes between 120 and 135 percent of the official poverty line.
(Sec. 404) Declares that the provisions of this title that would have been estimated by OMB as changing direct spending or receipts under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) were they included in an Act other than an appropriations Act shall be treated as direct spending or receipts legislation, as appropriate, under such Act and by the Chairmen of the House and Senate Budget Committees, as appropriate, under the Congressional Budget Act of 1974.
Title V: Fisheries Disasters - (Sec. 501) Appropriates additional amounts to the Department of Commerce for fisheries disaster assistance.
Specifies a direct lump sum payment to the State of Hawaii for economic assistance to fisheries affected by Federal closures or fishing restrictions and a separate direct lump sum payment to the State of Alaska to make payments to persons or entities which have experienced significant economic hardship, including fishermen, fish processors, and related businesses serving the fishing industry.
Makes specified funds available to conduct voluntary fishing capacity reduction programs in the Northeast multispecies fishery and in the West Coast groundfish fishery.
Makes specified funds available for assistance to the shrimp industries in South Carolina, Georgia, North Carolina, and Florida (east coast) in proportion to the percentage of the shrimp catch landed by each State for economic assistance to the South Atlantic shrimp fishery.
Makes specified funds available for assistance to the shrimp industries in Mississippi, Texas, Alabama, Louisiana, and Florida (gulf coast) in proportion to the percentage of the shrimp catch landed by each State for economic assistance to the Gulf shrimp fishery.
Makes specified funds available for assistance to the blue crab fisheries affected by reduced harvests and sales of blue crab in proportion to the amount of the catch landed by each State.
Title VI: Offsets - (Sec. 601) Makes an across-the-board rescission of 1.6 percent of the budget authority provided for FY 2003 for any discretionary account in divisions A through K of this joint resolution and the budget authority provided in any advance appropriation for FY 2003 for any discretionary account in any prior fiscal year appropriations Act.
Exempts from such rescission certain amounts provided for: (1) the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) in the Department of Agriculture in division A; (2) the Head Start Act in the Department of Education in division G; (3) medical care in the Department of Veterans Affairs in division K; and (4) the Shuttle program in the National Aeronautics and Space Administration in division K.
Title VII: Bonneville Power Administration Borrowing Authority - (Sec. 701) Makes available certain additional amounts in borrowing authority under the Federal Columbia River Transmission System to: (1) assist in financing the construction, acquisition, and replacement of the transmission system of the Bonneville Power Administration (BPA); and (2) implement the authority of the BPA Administrator under the Pacific Northwest Electric Power Planning and Conservation Act. Limits the amount of permanent borrowing authority the BPA may use in FY 2003.
(Sec. 702) Declares that the provisions of this title that would have been estimated by OMB as changing direct spending or receipts under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) were they included in an Act other than an appropriations Act shall be treated as direct spending or receipts legislation, as appropriate, under such Act and by the Chairmen of the House and Senate Budget Committees, as appropriate, under the Congressional Budget Act of 1974.
Division O: Price-Anderson Act Amendments - (Sec. 101) Amends the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) to extend through December 31, 2003, the period of nuclear power plant licenses with respect to which the Nuclear Regulatory Commission is required to make indemnification agreements.
Division P: United States-China Economic and Security Review Commission - United States-China Economic and Security Review Commission - (Sec. 2) Makes appropriations, to remain available until expended, to the United States-China Economic and Security Review Commission (whose name is now changed from the United States-China Security Review Commission).
Amends the Floyd D. Spence National Defense Authorization Act of 2001 to specify staggered terms for Commission members.
Directs the Commission to: (1) analyze and assess the Chinese role in the proliferation of weapons of mass destruction and other weapons (including dual use technologies) to terrorist-sponsoring states; and (2) suggest possible steps which the United States might take, including economic sanctions, to encourage the Chinese to stop such practices.
Directs the Commission to: (1) analyze and assess the qualitative and quantitative nature of the shift of U.S. production activities to China, the impact of these transfers on U.S. national security, and their effect on U.S. economic security, employment, and standard of living; and (2) analyze China's national budget, assess its fiscal strength to address internal instability problems, and assess the likelihood of externalization of such problems.
Directs the Commission to evaluate and assess how China's large and growing economy will affect world energy supplies, and the role the United States can play, including joint research and development (R&D) efforts and technological assistance, in influencing China's energy policy.
Directs the Commission to evaluate the extent of Chinese access to and use of U.S. capital markets, and whether the existing disclosure and transparency rules are adequate to identify Chinese companies which are active in U.S. markets and are also engaged in proliferation activities or other activities harmful to U.S. security interests.
Directs the Commission to assess the U.S. trade and investment relationship with China, including the need for corporate reporting on U.S. investments in China and incentives that China may be offering to U.S. corporations to relocate production and R&D to China.
Directs the Commission to: (1) assess the extent of China's "hollowing-out" of Asian manufacturing economies, and the impact on U.S. economic and security interests in the region; and (2) review the triangular economic and security relationship among the United States, Taipei, and Beijing, and the adequacy of U.S. executive branch coordination and consultation with Congress on U.S. arms sales and defense relationship with Taipei.
Directs the Commission to: (1) assess science and technology programs to evaluate if the United States is developing an adequate coordinating mechanism with appropriate review by the intelligence community with Congress; (2) assess the degree of non-compliance by China and U.S.-China agreements on prison labor imports and intellectual property rights; (3) evaluate U.S. enforcement policies; and (4) recommend what new measures the U.S. Government might take to strengthen our laws and enforcement activities and to encourage compliance by the Chinese.
Directs the Commission to review China's record of compliance to date with its accession agreement to the World Trade Organization, and explore what incentives and policy initiatives should be pursued to promote further compliance by China.
Directs the Commission to evaluate Chinese government efforts to influence and control perceptions of the United States and its policies through the Internet, the Chinese print and electronic media, and Chinese internal propaganda.