Text: H.J.Res.2 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-7 (02/20/2003)

 
[108th Congress Public Law 7]
[From the U.S. Government Printing Office]


[DOCID: f:publ007.108]

[[Page 117 STAT. 11]]

Public Law 108-7
108th Congress

                            Joint Resolution


 
Making consolidated appropriations for the fiscal year ending September 
 30, 2003, and for other purposes. <<NOTE: Feb. 20, 2003 -  [H.J. Res. 
                                  2]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, <<NOTE: Consolidated 
Appropriations Resolution, 2003.>> 

SECTION 1. SHORT TITLE.

    This joint resolution may be cited as the ``Consolidated 
Appropriations Resolution, 2003''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this joint resolution is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

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

Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions

  DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                      AGENCIES APPROPRIATIONS, 2003

Title I--Department of Justice
Title II--Department of Commerce and Related Agencies
Title III--The Judiciary
Title IV--Department of State and Related Agency
Title V--Related Agencies
Title VI--General Provisions
Title VII--Rescissions

          DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2003

Title I--Federal Funds
Title II--District of Columbia Funds
Title III--General Provisions

      DIVISION D--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS, 2003

Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions

 DIVISION E--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                          APPROPRIATIONS, 2003

Title I--Export and Investment Assistance

[[Page 117 STAT. 12]]

Title II--Bilateral Economic Assistance
Title III--Military Assistance
Title IV--Multilateral Economic Assistance
Title V--General Provisions

     DIVISION F--INTERIOR AND RELATED AGENCIES APPROPRIATIONS, 2003

Title I--Department of the Interior
Title II--Related Agencies
Title III--General Provisions
Title IV--T'uf Shur Bien Preservation Trust Area
Title V--National Forest Organizational Camp Fee Improvement Act of 2003

DIVISION G--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED 
                      AGENCIES APPROPRIATIONS, 2003

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions

           DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS, 2003

Title I--Legislative Branch Appropriations
Title II--General Provisions

  DIVISION I--TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS, 2003

Title I--Department of Transportation
Title II--Related Agencies
Title III--General Provisions

    DIVISION J--TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS, 2003

Title I--Department of the Treasury
Title II--Postal Service
Title III--Executive Office of the President and Funds Appropriated to 
           the President
Title IV--Independent Agencies
Title V--General Provisions--This Act
Title VI--General Provisions--Departments, Agencies, and Corporations

  DIVISION K--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
                INDEPENDENT AGENCIES APPROPRIATIONS, 2003

Title I--Department of Veterans Affairs
Title II--Department of Housing and Urban Development
Title III--Independent Agencies
Title IV--General Provisions

          DIVISION L--HOMELAND SECURITY ACT OF 2002 AMENDMENTS

                       DIVISION M--DEFENSE MATTERS

                DIVISION N--EMERGENCY RELIEF AND OFFSETS

Title I--Election Reform
Title II--Agricultural Assistance
Title III--Wildland Fire Emergency
Title IV--TANF and Medicare
Title V--Fisheries Disasters
Title VI--Offsets
Title VII--Bonneville Power Administration Borrowing Authority

                DIVISION O--PRICE-ANDERSON ACT AMENDMENTS

 DIVISION P--UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION

SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this joint resolution shall be 
treated as referring only to the provisions of that division.

[[Page 117 STAT. 13]]

     DIVISION <<NOTE: Agriculture, Rural Development, Food and Drug 
  Administration, and Related Agencies Appropriations Act, 2003.>> A--
   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2003

                            Joint Resolution


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

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

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                  Production, Processing, and Marketing

                         Office of the Secretary

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

                          Executive Operations

                             chief economist

    For necessary expenses of the Chief Economist, including economic 
analysis, risk assessment, cost-benefit analysis, energy and new uses, 
and the functions of the World Agricultural Outlook Board, as authorized 
by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), $8,566,000.

                        national appeals division

    For necessary expenses of the National Appeals Division, 
$13,759,000.

                  office of budget and program analysis

    For necessary expenses of the Office of Budget and Program Analysis, 
$7,358,000.

                 Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $15,251,000.

                      common computing environment

    For necessary expenses to acquire a Common Computing Environment for 
the Natural Resources Conservation Service, the Farm and Foreign 
Agricultural Service and Rural Development

[[Page 117 STAT. 14]]

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

                  Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial Officer, 
$5,572,000: Provided, That the Chief Financial Officer shall actively 
market and expand cross-servicing activities of the National Finance 
Center.

                          working capital fund

    For the acquisition of remote mirroring backup technology of the 
National Finance Center's data, $12,000,000, to remain available until 
expended: Provided, <<NOTE: Study.>> That none of these funds may be 
obligated until the House and Senate Committees on Appropriations have 
approved a feasibility study to be submitted by the Secretary of 
Agriculture: Provided further, <<NOTE: Deadline.>> That if the study is 
not approved within 30 days of its submission, the funds appropriated 
shall be available for the authorized uses of the Working Capital Fund.

           Office of the Assistant Secretary for Civil Rights

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Civil Rights, $400,000.

          Office of the Assistant Secretary for Administration

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Administration to carry out the programs funded by this 
Act, $664,000.

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public Law 
92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for alterations and other 
actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and for 
related costs, $196,781,000, to remain available until expended: 
Provided, That the Secretary of Agriculture may transfer a share of that 
agency's appropriation made available by this Act to this appropriation, 
or may transfer a share of this appropriation to that agency's 
appropriation to cover the costs of new or replacement space for such 
agency, but such transfers shall not exceed 5 percent of the funds made 
available for space rental and related costs to or from this account.

[[Page 117 STAT. 15]]

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and 
Recovery Act (42 U.S.C. 6901 et seq.), $15,685,000, to remain available 
until expended: Provided, That appropriations and funds available herein 
to the Department for Hazardous Materials Management may be transferred 
to any agency of the Department for its use in meeting all requirements 
pursuant to the above Acts on Federal and non-Federal lands.

                       Departmental Administration

                     (including transfers of funds)

    For Departmental Administration, $38,095,000, to provide for 
necessary expenses for management support services to offices of the 
Department and for general administration and disaster management of the 
Department, repairs and alterations, and other miscellaneous supplies 
and expenses not otherwise provided for and necessary for the practical 
and efficient work of the Department: Provided, That this appropriation 
shall be reimbursed from applicable appropriations in this Act for 
travel expenses incident to the holding of hearings as required by 5 
U.S.C. 551-558.

      Office of the Assistant Secretary for Congressional Relations

                     (including transfers of funds)

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Congressional Relations to carry out the programs funded 
by this Act, including programs involving intergovernmental affairs and 
liaison within the executive branch, $3,821,000: Provided, That these 
funds may be transferred to agencies of the Department of Agriculture 
funded by this Act to maintain personnel at the agency level: Provided 
further, That no other funds appropriated to the Department by this Act 
shall be available to the Department for support of activities of 
congressional relations.

                        Office of Communications

    For necessary expenses to carry out services relating to the 
coordination of programs involving public affairs, for the dissemination 
of agricultural information, and the coordination of information, work, 
and programs authorized by Congress in the Department, $9,140,000: 
Provided, That not to exceed $2,000,000 may be used for farmers' 
bulletins.

                     Office of the Inspector General

    For necessary expenses of the Office of the Inspector General, 
including employment pursuant to the Inspector General Act of 1978, 
$74,097,000, including such sums as may be necessary for contracting and 
other arrangements with public agencies and private persons pursuant to 
section 6(a)(9) of the Inspector General

[[Page 117 STAT. 16]]

Act of 1978, and including not to exceed $125,000 for certain 
confidential operational expenses, including the payment of informants, 
to be expended under the direction of the Inspector General pursuant to 
Public Law 95-452 and section 1337 of Public Law 97-98.

                      Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$35,017,000.

   Office of the Under Secretary for Research, Education and Economics

    For necessary salaries and expenses of the Office of the Under 
Secretary for Research, Education and Economics to administer the laws 
enacted by the Congress for the Economic Research Service, the National 
Agricultural Statistics Service, the Agricultural Research Service, and 
the Cooperative State Research, Education, and Extension Service, 
$588,000.

                        Economic Research Service

    For necessary expenses of the Economic Research Service in 
conducting economic research and analysis, as authorized by the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, 
$69,123,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service in conducting statistical reporting and service work, including 
crop and livestock estimates, statistical coordination and improvements, 
marketing surveys, and the Census of Agriculture, as authorized by 7 
U.S.C. 1621-1627 and 2204g, and other laws, $139,354,000, of which up to 
$41,274,000 shall be available until expended for the Census of 
Agriculture.

                      Agricultural Research Service

                          salaries and expenses

    For necessary expenses to enable the Agricultural Research Service 
to perform agricultural research and demonstration relating to 
production, utilization, marketing, and distribution (not otherwise 
provided for); home economics or nutrition and consumer use including 
the acquisition, preservation, and dissemination of agricultural 
information; and for acquisition of lands by donation, exchange, or 
purchase at a nominal cost not to exceed $100, and for land exchanges 
where the lands exchanged shall be of equal value or shall be equalized 
by a payment of money to the grantor which shall not exceed 25 percent 
of the total value of the land or interests transferred out of Federal 
ownership, $1,052,770,000: Provided, <<NOTE: 7 USC 2254.>> That 
appropriations hereunder shall be available for the operation and 
maintenance of aircraft and the purchase of not to exceed one for 
replacement only: Provided further, That appropriations hereunder shall 
be available pursuant to 7 U.S.C. 2250 for the construction, alteration, 
and repair of buildings and improvements, but unless otherwise provided, 
the cost of constructing any

[[Page 117 STAT. 17]]

one building shall not exceed $375,000, except for headhouses or 
greenhouses which shall each be limited to $1,200,000, and except for 10 
buildings to be constructed or improved at a cost not to exceed $750,000 
each, and the cost of altering any one building during the fiscal year 
shall not exceed 10 percent of the current replacement value of the 
building or $375,000, whichever is greater: Provided further, That the 
limitations on alterations contained in this Act shall not apply to 
modernization or replacement of existing facilities at Beltsville, 
Maryland: Provided further, <<NOTE: Maryland.>> That appropriations 
hereunder shall be available for granting easements at the Beltsville 
Agricultural Research Center: Provided further, That the foregoing 
limitations shall not apply to replacement of buildings needed to carry 
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That 
funds may be received from any State, other political subdivision, 
organization, or individual for the purpose of establishing or operating 
any research facility or research project of the Agricultural Research 
Service, as authorized by law.

    None of the funds appropriated under this heading shall be available 
to carry out research related to the production, processing or marketing 
of tobacco or tobacco products.
    In <<NOTE: 7 USC 3319g.>> fiscal year 2003 and thereafter, the 
agency is authorized to charge fees, commensurate with the fair market 
value, for any permit, easement, lease, or other special use 
authorization for the occupancy or use of land and facilities (including 
land and facilities at the Beltsville Agricultural Research Center) 
issued by the agency, as authorized by law, and such fees shall be 
credited to this account, and shall remain available until expended for 
authorized purposes.

                        buildings and facilities

    For acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $119,480,000, 
to remain available until expended: Provided, That, in <<NOTE: 7 USC 
3319h.>> fiscal year 2003 and thereafter, funds may be received from any 
State, other political subdivision, organization, or individual for the 
purpose of establishing any research facility of the Agricultural 
Research Service, as authorized by law.

      Cooperative State Research, Education, and Extension Service

                    research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$620,827,000, as follows: to carry out the provisions of the Hatch Act 
of 1887 (7 U.S.C. 361a-i), $180,148,000; for grants for cooperative 
forestry research (16 U.S.C. 582a through a-7), $21,884,000; for 
payments to the 1890 land-grant colleges, including Tuskegee University 
(7 U.S.C. 3222), $35,643,000, of which $1,507,496 shall be made 
available only for the purpose of ensuring that each institution shall 
receive no less than $1,000,000; for special grants for agricultural 
research (7 U.S.C. 450i(c)), $112,264,000; for special grants for 
agricultural research on improved pest control (7 U.S.C. 450i(c)), 
$15,264,000; for competitive research grants (7 U.S.C. 450i(b)), 
$167,131,000; for the support

[[Page 117 STAT. 18]]

of animal health and disease programs (7 U.S.C. 3195), $5,098,000; for 
supplemental and alternative crops and products (7 U.S.C. 3319d), 
$1,196,000; for grants for research pursuant to the Critical 
Agricultural Materials Act (7 U.S.C. 178 et seq.), $1,250,000, to remain 
available until expended; for research grants for 1994 institutions 
pursuant to section 536 of Public Law 103-382 (7 U.S.C. 301 note), 
$1,100,000, to remain available until expended; for higher education 
graduate fellowship grants (7 U.S.C. 3152(b)(6)), $3,243,000, to remain 
available until expended (7 U.S.C. 2209b); for higher education 
challenge grants (7 U.S.C. 3152(b)(1)), $4,920,000; for a higher 
education multicultural scholars program (7 U.S.C. 3152(b)(5)), 
$998,000, to remain available until expended (7 U.S.C. 2209b); for an 
education grants program for Hispanic-serving Institutions (7 U.S.C. 
3241), $4,100,000; for noncompetitive grants for the purpose of carrying 
out all provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78) 
to individual eligible institutions or consortia of eligible 
institutions in Alaska and in Hawaii, with funds awarded equally to each 
of the States of Alaska and Hawaii, $3,500,000; for a secondary 
agriculture education program and 2-year post-secondary education (7 
U.S.C. 3152(j)), $1,000,000; for aquaculture grants (7 U.S.C. 3322), 
$4,500,000; for sustainable agriculture research and education (7 U.S.C. 
5811), $13,750,000; for a program of capacity building grants (7 U.S.C. 
3152(b)(4)) to colleges eligible to receive funds under the Act of 
August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee 
University, $11,479,000, to remain available until expended (7 U.S.C. 
2209b); for payments to the 1994 Institutions pursuant to section 
534(a)(1) of Public Law 103-382, $1,700,000; and for necessary expenses 
of Research and Education Activities, $29,659,000.
    None of the funds in the foregoing paragraph shall be available to 
carry out research related to the production, processing or marketing of 
tobacco or tobacco products: Provided, That this paragraph shall not 
apply to research on the medical, biotechnological, food, and industrial 
uses of tobacco.

               native american institutions endowment fund

    For the Native American Institutions Endowment Fund authorized by 
Public Law 103-382 (7 U.S.C. 301 note), $7,100,000.

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, Guam, 
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa, 
$453,468,000, as follows: payments for cooperative extension work under 
the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of 
said Act, and under section 208(c) of Public Law 93-471, for retirement 
and employees' compensation costs for extension agents and for costs of 
penalty mail for cooperative extension agents and State extension 
directors, $281,218,000; payments for extension work at the 1994 
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,387,000; 
payments for the nutrition and family education program for low-income 
areas under section 3(d) of the Act, $58,566,000; payments for the pest 
management program under section 3(d) of the Act, $10,759,000; payments 
for the farm safety program under section 3(d) of the Act, $5,525,000; 
payments to upgrade research, extension, and teaching facilities at the 
1890 land-grant colleges, including Tuskegee

[[Page 117 STAT. 19]]

University, as authorized by section 1447 of Public Law 95-113 (7 U.S.C. 
3222b), $15,000,000, to remain available until expended; payments for 
youth-at-risk programs under section 3(d) of the Smith-Lever Act, 
$8,481,000; for youth farm safety education and certification extension 
grants, to be awarded competitively under section 3(d) of the Act, 
$499,000; payments for carrying out the provisions of the Renewable 
Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.), $4,546,000; 
payments for Indian reservation agents under section 3(d) of the Smith-
Lever Act, $1,996,000; payments for sustainable agriculture programs 
under section 3(d) of the Act, $4,875,000; payments for rural health and 
safety education as authorized by section 502(i) of Public Law 92-419 (7 
U.S.C. 2662(i)), $2,622,000; payments for cooperative extension work by 
the colleges receiving the benefits of the second Morrill Act (7 U.S.C. 
321-326 and 328) and Tuskegee University, $32,117,000, of which 
$1,724,884 shall be made available only for the purpose of ensuring that 
each institution shall receive no less than $1,000,000; for grants to 
youth organizations pursuant to section 7630 of title 7, United States 
Code, $3,000,000; and for necessary expenses of extension activities, 
$20,877,000.

                          integrated activities

    For the integrated research, education, and extension competitive 
grants programs, including necessary administrative expenses, as 
authorized under section 406 of the Agricultural Research, Extension, 
and Education Reform Act of 1998 (7 U.S.C. 7626), $46,743,000, as 
follows: payments for the water quality program, $12,971,000; payments 
for the food safety program, $14,967,000; payments for the regional pest 
management centers program, $4,531,000; payments for the Food Quality 
Protection Act risk mitigation program for major food crop systems, 
$4,889,000; payments for the crops affected by Food Quality Protection 
Act implementation, $1,497,000; payments for the methyl bromide 
transition program, $3,250,000; payments for the organic transition 
program, $2,125,000; payments for the international science and 
education grants program under 7 U.S.C. 3291, to remain available until 
expended, $500,000; payments for the critical issues program under 7 
U.S.C. 450i(c): Provided, That of the funds made available under this 
heading, $500,000 shall be for payments for the critical issues program 
under 7 U.S.C. 450i(c) and $1,513,000 shall be for payments for the 
regional rural development centers program under 7 U.S.C. 450i(c).

               outreach for socially disadvantaged farmers

    For grants and contracts pursuant to section 2501 of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), 
$3,493,000, to remain available until expended.

   Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary salaries and expenses of the Office of the Under 
Secretary for Marketing and Regulatory Programs to administer programs 
under the laws enacted by the Congress for the Animal and Plant Health 
Inspection Service; the Agricultural Marketing

[[Page 117 STAT. 20]]

Service; and the Grain Inspection, Packers and Stockyards 
Administration; $730,000.

               Animal and Plant Health Inspection Service

                          salaries and expenses

                     (including transfers of funds)

    For expenses, not otherwise provided for, necessary to prevent, 
control, and eradicate pests and plant and animal diseases; to carry out 
inspection, quarantine, and regulatory activities; and to protect the 
environment, as authorized by law, $725,502,000, of which $4,103,000 
shall be available for the control of outbreaks of insects, plant 
diseases, animal diseases and for control of pest animals and birds to 
the extent necessary to meet emergency conditions; of which $62,000,000 
shall be used for the boll weevil eradication program for cost share 
purposes or for debt retirement for active eradication zones: Provided, 
That no funds shall be used to formulate or administer a brucellosis 
eradication program for the current fiscal year that does not require 
minimum matching by the States of at least 40 percent: Provided further, 
That this appropriation shall be available for the operation and 
maintenance of aircraft and the purchase of not to exceed four, of which 
two shall be for replacement only: Provided further, That, in addition, 
in emergencies which threaten any segment of the agricultural production 
industry of this country, the Secretary may transfer from other 
appropriations or funds available to the agencies or corporations of the 
Department such sums as may be deemed necessary, to be available only in 
such emergencies for the arrest and eradication of contagious or 
infectious disease or pests of animals, poultry, or plants, and for 
expenses in accordance with sections 10411 and 10417 of the Animal 
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended 
balances of funds transferred for such emergency purposes in the 
preceding fiscal year shall be merged with such transferred amounts: 
Provided further, That appropriations hereunder shall be available 
pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased 
buildings and improvements, but unless otherwise provided the cost of 
altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.
    In fiscal year 2003, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic and 
international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, or 
services provided to the entity by the agency, and such fees shall be 
credited to this account, to remain available until expended, without 
further appropriation, for providing such assistance, goods, or 
services.

                        buildings and facilities

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and

[[Page 117 STAT. 21]]

purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 
2250, and acquisition of land as authorized by 7 U.S.C. 428a, 
$9,989,000, to remain available until expended.

                     Agricultural Marketing Service

                           marketing services

     For necessary expenses to carry out services related to consumer 
protection, agricultural marketing and distribution, transportation, and 
regulatory programs, as authorized by law, and for administration and 
coordination of payments to States, $75,702,000, including funds for the 
wholesale market development program for the design and development of 
wholesale and farmer market facilities for the major metropolitan areas 
of the country: Provided, That this appropriation shall be available 
pursuant to law (7 U.S.C. 2250) for the alteration and repair of 
buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.
    Fees may be collected for the cost of standardization activities, as 
established by regulation pursuant to law (31 U.S.C. 9701).

                  limitation on administrative expenses

    Not to exceed $61,619,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses: 
Provided, <<NOTE: Notification.>> That if crop size is understated and/
or other uncontrollable events occur, the agency may exceed this 
limitation by up to 10 percent with notification to the Committees on 
Appropriations of both Houses of Congress.

    funds for strengthening markets, income, and supply (section 32)

                     (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, except for: 
(1) transfers to the Department of Commerce as authorized by the Fish 
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in 
this Act; and (3) not more than $14,910,000 for formulation and 
administration of marketing agreements and orders pursuant to the 
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 
1961.

                   payments to states and possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,347,000.

         Grain Inspection, Packers and Stockyards Administration

                          salaries and expenses

    For necessary expenses to carry out the provisions of the United 
States Grain Standards Act, for the administration of the Packers

[[Page 117 STAT. 22]]

and Stockyards Act, for certifying procedures used to protect purchasers 
of farm products, and the standardization activities related to grain 
under the Agricultural Marketing Act of 1946, $39,950,000, of which 
$4,500,000, to remain available until expended, shall be for a packer 
concentration study: Provided, That this appropriation shall be 
available pursuant to law (7 U.S.C. 2250) for the alteration and repair 
of buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.

         limitation on inspection and weighing services expenses

    Not to exceed $42,463,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services: 
Provided, <<NOTE: Notification.>> That if grain export activities 
require additional supervision and oversight, or other uncontrollable 
factors occur, this limitation may be exceeded by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.

              Office of the Under Secretary for Food Safety

    For necessary salaries and expenses of the Office of the Under 
Secretary for Food Safety to administer the laws enacted by the Congress 
for the Food Safety and Inspection Service, $603,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $759,759,000, of which no 
less than $649,082,000 shall be available for Federal food safety 
inspection; and of which $5,000,000 shall be for enhanced inspection 
activities, to remain available through September 30, 2004; and in 
addition, $1,000,000 may be credited to this account from fees collected 
for the cost of laboratory accreditation as authorized by section 1327 
of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 
138f): Provided, That this appropriation shall be available pursuant to 
law (7 U.S.C. 2250) for the alteration and repair of buildings and 
improvements, but the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement value 
of the building.

Office of the Under Secretary for Farm and Foreign Agricultural Services

    For necessary salaries and expenses of the Office of the Under 
Secretary for Farm and Foreign Agricultural Services to administer the 
laws enacted by Congress for the Farm Service Agency, the Foreign 
Agricultural Service, the Risk Management Agency, and the Commodity 
Credit Corporation, $622,000.

[[Page 117 STAT. 23]]

                           Farm Service Agency

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs administered by the Farm Service Agency, 
$976,738,000: Provided, That the Secretary of Agriculture is authorized 
to use the services, facilities, and authorities (but not the funds) of 
the Commodity Credit Corporation to make program payments for all 
programs administered by the Agency: Provided further, That other funds 
made available to the Agency for authorized activities may be advanced 
to and merged with this account.

                         state mediation grants

    For grants pursuant to section 502(b) of the Agricultural Credit Act 
of 1987 (7 U.S.C. 5102(b)), $4,000,000.

                         dairy indemnity program

                      (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, $100,000, to remain available until expended: 
Provided, That such program is carried out by the Secretary in the same 
manner as the dairy indemnity program described in Public Law 106-387 
(114 Stat. 1549A-12).

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from 
funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $1,130,000,000, of which $1,000,000,000 shall be for 
guaranteed loans and $130,000,000 shall be for direct loans; operating 
loans, $2,705,000,000, of which $1,700,000,000 shall be for unsubsidized 
guaranteed loans, $400,000,000 shall be for subsidized guaranteed loans 
and $605,000,000 shall be for direct loans; Indian tribe land 
acquisition loans, $2,000,000; and for boll weevil eradication program 
loans, $100,000,000.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $22,593,000, of which 
$7,500,000 shall be for guaranteed loans, and $15,093,000 shall be for 
direct loans; operating loans, $205,513,000, of which $53,890,000 shall 
be for unsubsidized guaranteed loans, $47,200,000 shall be for 
subsidized guaranteed loans, and $104,423,000 shall be for direct loans; 
and Indian tribe land acquisition loans, $179,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $287,176,000, of

[[Page 117 STAT. 24]]

which $279,176,000 shall be transferred to and merged with the 
appropriation for ``Farm Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership and operating direct loans and 
guaranteed loans may be transferred among these programs: 
Provided, <<NOTE: Notification. Deadline.>> That the Committees on 
Appropriations of both Houses of Congress are notified at least 15 days 
in advance of any transfer.

                         Risk Management Agency

    For administrative and operating expenses, as authorized by section 
226A of the Department of Agriculture Reorganization Act of 1994 (7 
U.S.C. 6933), $70,708,000: Provided, That not to exceed $700 shall be 
available for official reception and representation expenses, as 
authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, and 
to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation or 
agency, except as hereinafter provided.

                 Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain 
available until expended.

                    Commodity Credit Corporation Fund

                  reimbursement for net realized losses

    For fiscal year 2003, such sums as may be necessary to reimburse the 
Commodity Credit Corporation for net realized losses sustained, but not 
previously reimbursed, pursuant to section 2 of the Act of August 17, 
1961 (15 U.S.C. 713a-11).

                       hazardous waste management

                        (limitation on expenses)

    For fiscal year 2003, the Commodity Credit Corporation shall not 
expend more than $5,000,000 for site investigation and cleanup expenses, 
and operations and maintenance expenses to comply with the requirement 
of section 107(g) of the Comprehensive Environmental Response, 
Compensation, and Liability Act, 42 U.S.C. 9607(g), and section 6001 of 
the Resource Conservation and Recovery Act, 42 U.S.C. 6961.

[[Page 117 STAT. 25]]

                                TITLE II

                          CONSERVATION PROGRAMS

   Office of the Under Secretary for Natural Resources and Environment

    For necessary salaries and expenses of the Office of the Under 
Secretary for Natural Resources and Environment to administer the laws 
enacted by the Congress for the Forest Service and the Natural Resources 
Conservation Service, $750,000.

                 Natural Resources Conservation Service

                         conservation operations

    For necessary expenses for carrying out the provisions of the Act of 
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation 
plans and establishment of measures to conserve soil and water 
(including farm irrigation and land drainage and such special measures 
for soil and water management as may be necessary to prevent floods and 
the siltation of reservoirs and to control agricultural related 
pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$825,004,000, to remain available until expended, of which not less than 
$9,162,000 is for snow survey and water forecasting, and not less than 
$10,701,000 is for operation and establishment of the plant materials 
centers, and of which not less than $23,500,000 shall be for the grazing 
lands conservation initiative: Provided, That appropriations hereunder 
shall be available pursuant to 7 U.S.C. 2250 for construction and 
improvement of buildings and public improvements at plant materials 
centers, except that the cost of alterations and improvements to other 
buildings and other public improvements shall not exceed $250,000: 
Provided further, That when buildings or other structures are erected on 
non-Federal land, that the right to use such land is obtained as 
provided in 7 U.S.C. 2250a: Provided further, That this appropriation 
shall be available for technical assistance and related expenses to 
carry out programs authorized by section 202(c) of title II of the 
Colorado River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)): 
Provided further, That qualified local engineers may be temporarily 
employed at per diem rates to perform the technical planning work of the 
Service: Provided further, That none of the funds made available under 
this paragraph by this or any other appropriations Act may be used to 
provide technical assistance with respect to programs listed in section 
1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)).

                     watershed surveys and planning

    For necessary expenses to conduct research, investigation, and 
surveys of watersheds of rivers and other waterways, and for small

[[Page 117 STAT. 26]]

watershed investigations and planning, in accordance with the Watershed 
Protection and Flood Prevention Act (16 U.S.C. 1001-1009), $11,197,000.

                watershed and flood prevention operations

    For necessary expenses to carry out preventive measures, including 
but not limited to research, engineering operations, methods of 
cultivation, the growing of vegetation, rehabilitation of existing works 
and changes in use of land, in accordance with the Watershed Protection 
and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the 
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and in 
accordance with the provisions of laws relating to the activities of the 
Department, $110,000,000, to remain available until expended (of which 
up to $15,000,000 may be available for the watersheds authorized under 
the Flood Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, 
That not to exceed $45,514,000 of this appropriation shall be available 
for technical assistance: Provided further, That not to exceed 
$1,000,000 of this appropriation is available to carry out the purposes 
of the Endangered Species Act of 1973 (Public Law 93-205), including 
cooperative efforts as contemplated by that Act to relocate endangered 
or threatened species to other suitable habitats as may be necessary to 
expedite project construction.

                    watershed rehabilitation program

    For necessary expenses to carry out rehabilitation of structural 
measures, in accordance with section 14 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the 
provisions of laws relating to the activities of the Department, 
$30,000,000, to remain available until expended.

                  resource conservation and development

    For necessary expenses in planning and carrying out projects for 
resource conservation and development and for sound land use pursuant to 
the provisions of sections 31 and 32 of the Bankhead-Jones Farm Tenant 
Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935 (16 
U.S.C. 590a-f); and subtitle H of title XV of the Agriculture and Food 
Act of 1981 (16 U.S.C. 3451-3461), $51,000,000, to remain available 
until expended.

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

    For necessary salaries and expenses of the Office of the Under 
Secretary for Rural Development to administer programs under the laws 
enacted by the Congress for the Rural Housing Service, the Rural 
Business-Cooperative Service, and the Rural Utilities Service of the 
Department of Agriculture, $640,000.

[[Page 117 STAT. 27]]

                   rural community advancement program

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants, as 
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for 
sections 381E-H and 381N of the Consolidated Farm and Rural Development 
Act, $907,737,000, to remain available until expended, of which 
$96,800,000 shall be for rural community programs described in section 
381E(d)(1) of such Act; of which $723,217,000 shall be for the rural 
utilities programs described in sections 381E(d)(2), 306C(a)(2), and 
306D of such Act; and of which $87,720,000 shall be for the rural 
business and cooperative development programs described in sections 
381E(d)(3) and 310B(f) of such Act: Provided, That of the total amount 
appropriated in this account, $24,000,000 shall be for loans and grants 
to benefit Federally Recognized Native American Tribes, including grants 
for drinking water and waste disposal systems pursuant to section 306C 
of such Act, of which $4,000,000 shall be available for community 
facilities grants to tribal colleges, as authorized by section 
306(a)(19) of the Consolidated Farm and Rural Development Act, and of 
which $250,000 shall be available for a grant to a qualified national 
organization to provide technical assistance for rural transportation in 
order to promote economic development: Provided further, That of the 
amount appropriated for rural community programs, $7,000,000 shall be 
available for a Rural Community Development Initiative: Provided 
further, That such funds shall be used solely to develop the capacity 
and ability of private, nonprofit community-based housing and community 
development organizations, low-income rural communities, and Federally 
Recognized Native American Tribes to undertake projects to improve 
housing, community facilities, community and economic development 
projects in rural areas: Provided further, That of the amount 
appropriated for the Rural Community Development Initiative, not less 
than $1,000,000 shall be available until expended to carry out a 
demonstration program on Replicating and Creating Rural Cooperative Home 
Based Health Care: Provided further, That of the $1,000,000 made 
available, not less than $200,000 shall be in the form of predevelopment 
planning grants, not to exceed $50,000 each, with the balance for low-
interest revolving loans to be used for capital and other related 
expenses, and made available to nonprofit based community development 
organizations: Provided further, That such organizations should 
demonstrate experience in the administration of revolving loan programs 
and providing technical assistance to cooperatives: Provided further, 
That such funds shall be made available to qualified private, nonprofit 
and public intermediary organizations proposing to carry out a program 
of financial and technical assistance: Provided further, That such 
intermediary organizations shall provide matching funds from other 
sources, including Federal funds for related activities, in an amount 
not less than funds provided: Provided further, That of the amount 
appropriated for the rural business and cooperative development 
programs, not to exceed $500,000 shall be made available for a grant to 
a qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development; and 
$2,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C. 
1921 et seq.): Provided further, That of the amount appropriated for 
rural utilities programs, not to exceed

[[Page 117 STAT. 28]]

$25,000,000 shall be for water and waste disposal systems to benefit the 
Colonias along the United States/Mexico border, including grants 
pursuant to section 306C of such Act; not to exceed $30,000,000 shall be 
for water and waste disposal systems for rural and native villages in 
Alaska pursuant to section 306D of such Act, with up to 1 percent 
available to administer the program and up to 1 percent available to 
improve interagency coordination may be transferred to and merged with 
the appropriation for ``Rural Development, Salaries and Expenses''; not 
to exceed $18,333,000 shall be for technical assistance grants for rural 
water and waste systems pursuant to section 306(a)(14) of such Act, of 
which $5,513,000 shall be for Rural Community Assistance Programs; not 
to exceed $1,000,000 shall be in the form of predevelopment planning 
grants, not to exceed $50,000 each; and not to exceed $12,100,000 shall 
be for contracting with qualified national organizations for a circuit 
rider program to provide technical assistance for rural water systems: 
Provided further, That of the total amount appropriated, not to exceed 
$37,624,000 shall be available through June 30, 2003, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership 
Zones; of which $1,163,000 shall be for the rural community programs 
described in section 381E(d)(1) of such Act, of which $27,431,000 shall 
be for the rural utilities programs described in section 381E(d)(2) of 
such Act, and of which $9,030,000 shall be for the rural business and 
cooperative development programs described in section 381E(d)(3) of such 
Act: Provided further, That of the amount appropriated for rural 
community programs, not to exceed $25,000,000 shall be to provide grants 
for facilities in rural communities with extreme unemployment and severe 
economic depression (Public Law 106-387), with 5 percent for 
administration and capacity building in the State rural development 
offices: Provided further, That of the amount appropriated, $30,000,000 
shall be transferred to and merged with the ``Rural Utilities Service, 
High Energy Cost Grants Account'' to provide grants authorized under 
section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): 
Provided further, That any remaining funds specifically appropriated in 
fiscal year 2002 for rural communities with extremely high energy costs 
under the Rural Community Advancement Program shall be merged and 
transferred into the Account: Provided further, That any funds in the 
Account shall be used to provide grants authorized under section 19 of 
that Act.

                 Rural Development Salaries and Expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements; 
$145,736,000: Provided, That not more than $10,000 may be expended to 
provide modest nonmonetary awards to non-USDA employees: Provided 
further, That any balances available from prior years for the Rural 
Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred 
to and merged with this appropriation.

[[Page 117 STAT. 29]]

                          Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, to 
be available from funds in the rural housing insurance fund, as follows: 
$5,572,000,000 for loans to section 502 borrowers, as determined by the 
Secretary, of which $1,044,000,000 shall be for direct loans, and of 
which $4,528,000,000 shall be for unsubsidized guaranteed loans; 
$35,000,000 for section 504 housing repair loans; $115,805,000 for 
section 515 rental housing; $100,000,000 for section 538 guaranteed 
multi-family housing loans; $5,046,000 for section 524 site loans; 
$12,000,000 for credit sales of acquired property, of which up to 
$2,000,000 may be for multi-family credit sales; and $5,011,000 for 
section 523 self-help housing land development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $234,950,000, of which 
$202,350,000 shall be for direct loans, and of which $32,600,000, to 
remain available until expended, shall be for unsubsidized guaranteed 
loans; section 504 housing repair loans, $10,857,000; section 515 rental 
housing, $54,000,000; section 538 multi-family housing guaranteed loans, 
$4,500,000; section 524 site loans, $55,000; multi-family credit sales 
of acquired property, $934,000; and section 523 self-help housing land 
development loans, $221,000: Provided, That of the total amount 
appropriated in this paragraph, $11,656,000 shall be available through 
June 30, 2003, for authorized empowerment zones and enterprise 
communities and communities designated by the Secretary of Agriculture 
as Rural Economic Area Partnership Zones.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $432,374,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

                        rental assistance program

    For rental assistance agreements entered into or renewed pursuant to 
the authority under section 521(a)(2) or agreements entered into in lieu 
of debt forgiveness or payments for eligible households as authorized by 
section 502(c)(5)(D) of the Housing Act of 1949, $726,000,000; and, in 
addition, such sums as may be necessary, as authorized by section 521(c) 
of the Act, to liquidate debt incurred prior to fiscal year 1992 to 
carry out the rental assistance program under section 521(a)(2) of the 
Act: Provided, That of this amount, not more than $5,900,000 shall be 
available for debt forgiveness or payments for eligible households as 
authorized by section 502(c)(5)(D) of the Act, and not to exceed $20,000 
per project for advances to nonprofit organizations or public agencies 
to cover direct costs (other than purchase price) incurred in purchasing 
projects pursuant to section 502(c)(5)(C) of the Act: Provided further, 
That agreements entered into or renewed during fiscal year 2003 shall be 
funded for a 5-year period, although the life

[[Page 117 STAT. 30]]

of any such agreement may be extended to fully utilize amounts 
obligated.

                   mutual and self-help housing grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $35,000,000, to remain available 
until expended: Provided, That of the total amount appropriated, 
$1,000,000 shall be available through June 30, 2003, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership 
Zones.

                     rural housing assistance grants

    For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the Rural Housing 
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, 
$42,498,000, to remain available until expended: Provided, That of the 
total amount appropriated, $1,200,000 shall be available through June 
30, 2003, for authorized empowerment zones and enterprise communities 
and communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones.

                       farm labor program account

    For the cost of direct loans, grants, and contracts, as authorized 
by 42 U.S.C. 1484 and 1486, $36,307,000, to remain available until 
expended, for direct farm labor housing loans and domestic farm labor 
housing grants and contracts.

                   Rural Business--Cooperative Service

               rural development loan fund program account

                      (including transfer of funds)

     For the principal amount of direct loans, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), $40,000,000.
    For the cost of direct loans, $19,304,000, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000 
shall be available through June 30, 2003, for Federally Recognized 
Native American Tribes and of which $3,449,000 shall be available 
through June 30, 2003, for Mississippi Delta Region counties (as defined 
by Public Law 100-460): Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That of the total 
amount appropriated, $2,730,000 shall be available through June 30, 
2003, for the cost of direct loans for authorized empowerment zones and 
enterprise communities and communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,190,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.

[[Page 117 STAT. 31]]

            rural economic development loans program account

                     (including rescission of funds)

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$14,967,000.
    For the cost of direct loans, including the cost of modifying loans 
as defined in section 502 of the Congressional Budget Act of 1974, 
$3,197,000.
    Of the funds derived from interest on the cushion of credit payments 
in fiscal year 2003, as authorized by section 313 of the Rural 
Electrification Act of 1936, $3,197,000 shall not be obligated and 
$3,197,000 are rescinded.

                  rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $9,000,000, of which $2,500,000 shall be for cooperative 
agreements for the appropriate technology transfer for rural areas 
program: Provided, That not to exceed $1,500,000 of the total amount 
appropriated shall be made available to cooperatives or associations of 
cooperatives whose primary focus is to provide assistance to small, 
minority producers and whose governing board and/or membership is 
comprised of at least 75 percent minority.

        rural empowerment zones and enterprise communities grants

    For grants in connection with a second round of empowerment zones 
and enterprise communities, $14,967,000, to remain available until 
expended, for designated rural empowerment zones and rural enterprise 
communities, as authorized by the Taxpayer Relief Act of 1997 and the 
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 
(Public Law 105-277).

                         Rural Utilities Service

   rural electrification and telecommunications loans program account

                      (including transfer of funds)

    Insured loans pursuant to the authority of section 305 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 
percent rural electrification loans, $121,103,000; municipal rate rural 
electric loans, $100,000,000; loans made pursuant to section 306 of that 
Act, rural electric, $2,600,000,000; Treasury rate direct electric 
loans, $1,150,000,000; 5 percent rural telecommunications loans, 
$75,029,000; cost of money rural telecommunications loans, $300,000,000; 
loans made pursuant to section 306 of that Act, rural telecommunications 
loans, $120,000,000; and for guaranteed underwriting loans pursuant to 
section 313A, $1,000,000,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct and 
guaranteed loans authorized by the Rural Electrification Act

[[Page 117 STAT. 32]]

of 1936 (7 U.S.C. 935 and 936), as follows: cost of rural electric 
loans, $11,025,000, and the cost of telecommunication loans, $1,433,000: 
Provided, That notwithstanding section 305(d)(2) of the Rural 
Electrification Act of 1936, borrower interest rates may exceed 7 
percent per year.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $37,833,000 which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

                  rural telephone bank program account

                      (including transfer of funds)

    The Rural Telephone Bank is hereby authorized to make such 
expenditures, within the limits of funds available to such corporation 
in accord with law, and to make such contracts and commitments without 
regard to fiscal year limitations as provided by section 104 of the 
Government Corporation Control Act, as may be necessary in carrying out 
its authorized programs. During fiscal year 2003 and within the 
resources and authority available, gross obligations for the principal 
amount of direct loans shall be $174,615,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct loans 
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935), 
$2,410,000.
    In addition, for administrative expenses, including audits, 
necessary to carry out the loan programs, $3,082,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

               distance learning and telemedicine program

    For the principal amount of direct distance learning and 
telemedicine loans, $300,000,000; and for the principal amount of 
broadband telecommunication loans, $80,000,000.
    For the cost of direct loans and grants, as authorized by 7 U.S.C. 
950aaa et seq., $56,941,000, to remain available until expended, to be 
available for loans and grants for telemedicine and distance learning 
services in rural areas: Provided, That $10,000,000 may be available for 
grants to finance broadband transmission and local dial-up Internet 
service in areas that meet the definition of ``rural area'' used for the 
Distance Learning and Telemedicine Program authorized by 7 U.S.C. 
950aaa: Provided further, That the cost of direct loans shall be as 
defined in section 502 of the Congressional Budget Act of 1974.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

 Office of the Under Secretary for Food, Nutrition and Consumer Services

    For necessary salaries and expenses of the Office of the Under 
Secretary for Food, Nutrition and Consumer Services to administer the 
laws enacted by the Congress for the Food and Nutrition Service, 
$603,000.

[[Page 117 STAT. 33]]

                       Food and Nutrition Service

                        child nutrition programs

                      (including transfer of funds)

    For necessary expenses to carry out the National School Lunch Act 
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; 
$10,580,169,000, to remain available through September 30, 2004, of 
which $5,834,506,000 is hereby appropriated and $4,745,663,000 shall be 
derived by transfer from funds available under section 32 of the Act of 
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made 
available under this heading shall be used for studies and evaluations: 
Provided further, <<NOTE: Wisconsin.>> That of the funds made available 
under this heading, $3,300,000 shall be for a School Breakfast Program 
startup grant pilot program, of which no less than $1,000,000 is for the 
State of Wisconsin: Provided further, That $200,000 shall be for the 
Common Roots Program: Provided further, That $500,000 shall be for the 
Child Nutrition Archive Resource Center: Provided further, That up to 
$5,080,000 shall be for independent verification of school food service 
claims.

special supplemental nutrition program for women, infants, and children 
                                  (wic)

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786), $4,696,000,000, to remain available through 
September 30, 2004, of which $125,000,000 shall be placed in reserve, to 
remain available until expended, for use in only such amounts, and in 
such manner, as the Secretary determines necessary, notwithstanding 
section 17(i) of the Child Nutrition Act, to provide funds to support 
participation, should costs or participation exceed budget estimates: 
Provided, That of the total amount available, the Secretary shall 
obligate $25,000,000 for the farmers' market nutrition program: Provided 
further, That notwithstanding section 17(h)(10)(A) of such Act, 
$14,000,000 shall be available for the purposes specified in section 
17(h)(10)(B): Provided further, That $2,000,000 <<NOTE: Study.>> shall 
be available for the Food and Nutrition Service to conduct a study of 
WIC vendor practices: Provided further, That no other funds made 
available under this heading shall be used for studies and evaluations: 
Provided further, That none of the funds in this Act shall be available 
to pay administrative expenses of WIC clinics except those that have an 
announced policy of prohibiting smoking within the space used to carry 
out the program: Provided further, That none of the funds provided in 
this account shall be available for the purchase of infant formula 
except in accordance with the cost containment and competitive bidding 
requirements specified in section 17 of such Act: Provided further, That 
none of the funds provided shall be available for activities that are 
not fully reimbursed by other Federal Government departments or agencies 
unless authorized by section 17 of such Act.

[[Page 117 STAT. 34]]

                           food stamp program

    For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 
2011 et seq.), $26,313,692,000, of which $2,000,000,000 shall be placed 
in reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations: Provided, That none of the 
funds made available under this heading shall be used for studies and 
evaluations: Provided further, <<NOTE: Bison meat.>> That of the funds 
made available under this heading and not already appropriated to the 
Food Distribution Program on Indian Reservations (FDPIR) established 
under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not 
to exceed $3,000,000 shall be used to purchase bison meat for the FDPIR 
from Native American bison producers as well as from producer-owned 
cooperatives of bison ranchers: Provided further, That funds provided 
herein shall be expended in accordance with section 16 of the Food Stamp 
Act: Provided further, That this appropriation shall be subject to any 
work registration or workfare requirements as may be required by law: 
Provided further, That funds made available for Employment and Training 
under this heading shall remain available until expended, as authorized 
by section 16(h)(1) of the Food Stamp Act.

                      commodity assistance program

    For necessary expenses to carry out the commodity supplemental food 
program as authorized by section 4(a) of the Agriculture and Consumer 
Protection Act of 1973 (7 U.S.C. 612c note) and the Emergency Food 
Assistance Act of 1983, $164,500,000, to remain available through 
September 30, 2004: Provided, That none of these funds shall be 
available to reimburse the Commodity Credit Corporation for commodities 
donated to the program.

                         food donations programs

    For necessary expenses to carry out section 4(a) of the Agriculture 
and Consumer Protection Act of 1973 and special assistance for the 
nuclear affected islands as authorized by section 103(h)(2) of the 
Compacts of Free Association Act of 1985, $1,081,000, to remain 
available through September 30, 2004.

                       food program administration

    For necessary administrative expenses of the domestic food programs 
funded under this Act, $136,560,000, of which $5,000,000 shall be 
available only for simplifying procedures, reducing overhead costs, 
tightening regulations, improving food stamp benefit delivery, and 
assisting in the prevention, identification, and prosecution of fraud 
and other violations of law and of which not less than $7,500,000 shall 
be available to improve integrity in the Food Stamp and Child Nutrition 
programs.

[[Page 117 STAT. 35]]

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including carrying out title VI of the Agricultural Act of 1954 (7 
U.S.C. 1761-1769), market development activities abroad, and for 
enabling the Secretary to coordinate and integrate activities of the 
Department in connection with foreign agricultural work, including not 
to exceed $158,000 for representation allowances and for expenses 
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 
1766), $129,948,000: Provided, That the Service may utilize advances of 
funds, or reimburse this appropriation for expenditures made on behalf 
of Federal agencies, public and private organizations and institutions 
under agreements executed pursuant to the agricultural food production 
assistance programs (7 U.S.C. 1737) and the foreign assistance programs 
of the United States Agency for International Development.
    In fiscal year 2003 and thereafter, none of the funds in the 
foregoing paragraph shall be available to promote the sale or export of 
tobacco or tobacco products.

                 public law 480 title i program account

                     (including transfers of funds)

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of agreements under the Agricultural Trade Development and 
Assistance Act of 1954, and the Food for Progress Act of 1985, including 
the cost of modifying credit arrangements under said Acts, $116,171,000, 
to remain available until expended.
    In addition, for administrative expenses to carry out the credit 
program of title I, Public Law 83-480, and the Food for Progress Act of 
1985, to the extent funds appropriated for Public Law 83-480 are 
utilized, $2,059,000, of which $1,033,000 may be transferred to and 
merged with the appropriation for ``Foreign Agricultural Service, 
Salaries and Expenses'', and of which $1,026,000 may be transferred to 
and merged with the appropriation for ``Farm Service Agency, Salaries 
and Expenses''.

        public law 480 title i ocean freight differential grants

                      (including transfer of funds)

    For ocean freight differential costs for the shipment of 
agricultural commodities under title I of the Agricultural Trade 
Development and Assistance Act of 1954 and under the Food for Progress 
Act of 1985, $25,159,000, to remain available until expended: Provided, 
That funds made available for the cost of agreements under title I of 
the Agricultural Trade Development and Assistance Act of 1954 and for 
title I ocean freight differential may be used interchangeably between 
the two accounts with prior notice to the Committees on Appropriations 
of both Houses of Congress.

[[Page 117 STAT. 36]]

                     public law 480 title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Agricultural Trade Development and Assistance Act of 
1954, $1,200,000,000, to remain available until expended, for 
commodities supplied in connection with dispositions abroad under title 
II of said Act.

        commodity credit corporation export loans program account

                     (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, $4,058,000; 
to cover common overhead expenses as permitted by section 11 of the 
Commodity Credit Corporation Charter Act and in conformity with the 
Federal Credit Reform Act of 1990, of which $3,224,000 may be 
transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $834,000 may 
be transferred to and merged with the appropriation for ``Farm Service 
Agency, Salaries and Expenses''.

                                TITLE VI

            RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                          salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; and for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's certificate, 
not to exceed $25,000; $1,630,727,000, of which not to exceed 
$222,900,000 to be derived from prescription drug user fees authorized 
by 21 U.S.C. 379h, including any such fees assessed prior to the current 
fiscal year but credited during the current year, in accordance with 
section 736(g)(4), shall be credited to this appropriation and remain 
available until expended; and of which not to exceed $25,125,000 to be 
derived from device user fees authorized by 21 U.S.C. 379j shall be 
credited to this appropriation, to remain available until expended: 
Provided, That fees derived from applications received during fiscal 
year 2003 shall be subject to the fiscal year 2003 limitation: Provided 
further, That none of these funds shall be used to develop, establish, 
or operate any program of user fees authorized by 31 U.S.C. 9701: 
Provided further, That not to exceed $2,300,000 of the total amount 
appropriated shall be for activities related to legislative affairs: 
Provided further, That of the total amount appropriated: (1) 
$413,347,000 shall be for the Center for Food Safety and Applied

[[Page 117 STAT. 37]]

Nutrition and related field activities in the Office of Regulatory 
Affairs; (2) $426,671,000 shall be for the Center for Drug Evaluation 
and Research and related field activities in the Office of Regulatory 
Affairs, of which no less than $13,357,000 shall be available for grants 
and contracts awarded under section 5 of the Orphan Drug Act (21 U.S.C. 
360ee); (3) $199,699,000 shall be for the Center for Biologics 
Evaluation and Research and for related field activities in the Office 
of Regulatory Affairs; (4) $88,972,000 shall be for the Center for 
Veterinary Medicine and for related field activities in the Office of 
Regulatory Affairs; (5) $208,685,000 shall be for the Center for Devices 
and Radiological Health and for related field activities in the Office 
of Regulatory Affairs; (6) $40,688,000 shall be for the National Center 
for Toxicological Research; (7) $36,914,000 shall be for Rent and 
Related activities, other than the amounts paid to the General Services 
Administration; (8) $108,269,000 shall be for payments to the General 
Services Administration for rent and related costs; and (9) $107,482,000 
shall be for other activities, including the Office of the Commissioner; 
the Office of Management and Systems; the Office of the Senior Associate 
Commissioner; the Office of International and Constituent Relations; the 
Office of Policy, Legislation, and Planning; and central services for 
these offices: Provided further, That funds may be transferred from one 
specified activity to another with the prior approval of the Committees 
on Appropriations of both Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263b may 
be credited to this account, to remain available until expended.
    In addition, export certification user fees authorized by 21 U.S.C. 
381 may be credited to this account, to remain available until expended.

                        buildings and facilities

    For plans, construction, repair, improvement, extension, alteration, 
and purchase of fixed equipment or facilities of or used by the Food and 
Drug Administration, where not otherwise provided, $8,000,000, to remain 
available until expended.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles, and the rental of space (to include multiple 
year leases) in the District of Columbia and elsewhere, $85,985,000, 
including not to exceed $2,000 for official reception and representation 
expenses.

                       Farm Credit Administration

                  limitation on administrative expenses

    Not to exceed $38,400,000 (from assessments collected from farm 
credit institutions and from the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for

[[Page 117 STAT. 38]]

administrative expenses as authorized under 12 U.S.C. 2249: Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

                      TITLE VII--GENERAL PROVISIONS

    Sec. 701. Within the unit limit of cost fixed by law, appropriations 
and authorizations made for the Department of Agriculture for fiscal 
year 2003 under this Act shall be available for the purchase, in 
addition to those specifically provided for, of not to exceed 374 
passenger motor vehicles, of which 372 shall be for replacement only, 
and for the hire of such vehicles.
    Sec. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances therefor as 
authorized by law (5 U.S.C. 5901-5902).
    Sec. 703. Funds appropriated by this Act shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5 
U.S.C. 3109.
    Sec. 704. The Secretary of Agriculture may transfer unobligated 
balances of funds appropriated by this Act or other available 
unobligated balances of the Department of Agriculture to the Working 
Capital Fund for the acquisition of plant and capital equipment 
necessary for the delivery of financial, administrative, and information 
technology services of primary benefit to the agencies of the Department 
of Agriculture: Provided, That none of the funds made available by this 
Act or any other Act shall be transferred to the Working Capital Fund 
without the prior approval of the agency administrator: Provided 
further, That none of the funds transferred to the Working Capital Fund 
pursuant to this section shall be available for obligation without the 
prior approval of the Committees on Appropriations of both Houses of 
Congress.
    Sec. 705. <<NOTE: 7 USC 2209b.>> New obligational authority provided 
for the following appropriation items in this Act shall remain available 
until expended: Animal and Plant Health Inspection Service, the 
contingency fund to meet emergency conditions, information technology 
infrastructure, fruit fly program, emerging plant pests, boll weevil 
program, up to 25 percent of the screwworm program; Food Safety and 
Inspection Service, field automation and information management project; 
Cooperative State Research, Education, and Extension Service, funds for 
competitive research grants (7 U.S.C. 450i(b)), funds for the Research, 
Education and Economics Information System (REEIS), and funds for the 
Native American Institutions Endowment Fund; Farm Service Agency, 
salaries and expenses funds made available to county committees; Foreign 
Agricultural Service, middle-income country training program and up to 
$2,000,000 of the Foreign Agricultural Service appropriation solely for 
the purpose of offsetting fluctuations in international currency 
exchange rates, subject to documentation by the Foreign Agricultural 
Service.

    Sec. 706. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 707. Not to exceed $50,000 of the appropriations available to 
the Department of Agriculture in this Act shall be available to provide 
appropriate orientation and language training pursuant to section 606C 
of the Act of August 28, 1954 (7 U.S.C. 1766b).

[[Page 117 STAT. 39]]

    Sec. 708. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is to 
carry out programs of mutual interest between the two parties. This does 
not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 709. None of the funds in this Act shall be available to 
restrict the authority of the Commodity Credit Corporation to lease 
space for its own use or to lease space on behalf of other agencies of 
the Department of Agriculture when such space will be jointly occupied.
    Sec. 710. None of the funds in this Act shall be available to pay 
indirect costs charged against competitive agricultural research, 
education, or extension grant awards issued by the Cooperative State 
Research, Education, and Extension Service that exceed 19 percent of 
total Federal funds provided under each award: Provided, That 
notwithstanding section 1462 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds 
provided by this Act for grants awarded competitively by the Cooperative 
State Research, Education, and Extension Service shall be available to 
pay full allowable indirect costs for each grant awarded under section 9 
of the Small Business Act (15 U.S.C. 638).
    Sec. 711. Notwithstanding any other provision of this Act, all loan 
levels provided in this Act shall be considered estimates, not 
limitations.
    Sec. 712. Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in fiscal year 2003 
shall remain available until expended to cover obligations made in 
fiscal year 2003 for the following accounts: the Rural Development Loan 
Fund program account, the Rural Telephone Bank program account, the 
Rural Electrification and Telecommunications Loans program account, the 
Rural Housing Insurance Fund program, and the Rural Economic Development 
Loans program account.
    Sec. 713. <<NOTE: 7 USC 2279g.>> Notwithstanding chapter 63 of title 
31, United States Code, marketing services of the Agricultural Marketing 
Service; the Grain Inspection, Packers and Stockyards Administration; 
the Animal and Plant Health Inspection Service; and the food safety 
activities of the Food Safety and Inspection Service hereafter may use 
cooperative agreements to reflect a relationship between the 
Agricultural Marketing Service; the Grain Inspection, Packers and 
Stockyards Administration; the Animal and Plant Health Inspection 
Service; or the Food Safety and Inspection Service and a State or 
cooperator to carry out agricultural marketing programs, to carry out 
programs to protect the nation's animal and plant resources, or to carry 
out educational programs or special studies to improve the safety of the 
nation's food supply.

    Sec. 714. None of the funds in this Act may be used to retire more 
than 5 percent of the Class A stock of the Rural Telephone Bank or to 
maintain any account or subaccount within the accounting records of the 
Rural Telephone Bank the creation of which has not specifically been 
authorized by statute: Provided,

[[Page 117 STAT. 40]]

That notwithstanding any other provision of law, none of the funds 
appropriated or otherwise made available in this Act may be used to 
transfer to the Treasury or to the Federal Financing Bank any 
unobligated balance of the Rural Telephone Bank telephone liquidating 
account which is in excess of current requirements and such balance 
shall receive interest as set forth for financial accounts in section 
505(c) of the Federal Credit Reform Act of 1990.
    Sec. 715. Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task forces 
of the Department of Agriculture, except for panels used to comply with 
negotiated rule makings and panels used to evaluate competitively 
awarded grants.
    Sec. 716. None of the funds appropriated by this Act may be used to 
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 
471).
    Sec. 717. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    Sec. 718. None of the funds appropriated or otherwise made available 
to the Department of Agriculture shall be used to transmit or otherwise 
make available to any non-Department of Agriculture employee questions 
or responses to questions that are a result of information requested for 
the appropriations hearing process.
    Sec. 719. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise made 
available by this Act may be transferred to the Office of the Chief 
Information Officer without the prior approval of the Committees on 
Appropriations of both Houses of Congress.
    Sec. 720. <<NOTE: Notifications. Deadlines.>> (a) None of the funds 
provided by this Act, or provided by previous Appropriations Acts to the 
agencies funded by this Act that remain available for obligation or 
expenditure in fiscal year 2003, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds which: (1) 
creates new programs; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted; (4) relocates 
an office or employees; (5) reorganizes offices, programs, or 
activities; or (6) contracts out or privatizes any functions or 
activities presently performed by Federal employees; unless the 
Committees on Appropriations of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds.

    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in fiscal year

[[Page 117 STAT. 41]]

2003, or provided from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agencies funded by 
this Act, shall be available for obligation or expenditure for 
activities, programs, or projects through a reprogramming of funds in 
excess of $500,000 or 10 percent, whichever is less, that: (1) augments 
existing programs, projects, or activities; (2) reduces by 10 percent 
funding for any existing program, project, or activity, or numbers of 
personnel by 10 percent as approved by Congress; or (3) results from any 
general savings from a reduction in personnel which would result in a 
change in existing programs, activities, or projects as approved by 
Congress; unless the Committees on Appropriations of both Houses of 
Congress are notified 15 days in advance of such reprogramming of funds.
    (c) The Secretary of Agriculture, the Secretary of Health and Human 
Services, or the Chairman of the Commodity Futures Trading Commission 
shall notify the Committees on Appropriations of both Houses of Congress 
before implementing a program or activity not carried out during the 
previous fiscal year unless the program or activity is funded by this 
Act or specifically funded by any other Act.
    Sec. 721. With the exception of funds needed to administer and 
conduct oversight of grants awarded and obligations incurred in prior 
fiscal years, none of the funds appropriated or otherwise made available 
by this or any other Act may be used to pay the salaries and expenses of 
personnel to carry out the provisions of section 401 of Public Law 105-
185, the Initiative for Future Agriculture and Food Systems (7 U.S.C. 
7621).
    Sec. 722. <<NOTE: Michigan.>> None of the funds made available to 
the Food and Drug Administration by this Act shall be used to reduce the 
Detroit, Michigan, Food and Drug Administration District Office below 
the operating and full-time equivalent staffing level of July 31, 1999; 
or to change the Detroit District Office to a station, residence post or 
similarly modified office; or to reassign residence posts assigned to 
the Detroit District Office: Provided, That this section shall not apply 
to Food and Drug Administration field laboratory facilities or 
operations currently located in Detroit, Michigan, except that field 
laboratory personnel shall be assigned to locations in the general 
vicinity of Detroit, Michigan, pursuant to cooperative agreements 
between the Food and Drug Administration and other laboratory facilities 
associated with the State of Michigan.

    Sec. 723. None of the funds appropriated by this Act or any other 
Act shall be used to pay the salaries and expenses of personnel who 
prepare or submit appropriations language as part of the President's 
Budget submission to the Congress of the United States for programs 
under the jurisdiction of the Appropriations Subcommittees on 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies that assumes revenues or reflects a reduction from the 
previous year due to user fees proposals that have not been enacted into 
law prior to the submission of the Budget unless such Budget submission 
identifies which additional spending reductions should occur in the 
event the user fees proposals are not enacted prior to the date of the 
convening of a committee of conference for the fiscal year 2004 
appropriations Act.
    Sec. 724. None of the funds made available by this Act or any other 
Act may be used to close or relocate a State Rural

[[Page 117 STAT. 42]]

Development office unless or until cost effectiveness and enhancement of 
program delivery have been determined.
    Sec. 725. <<NOTE: HIV/AIDS.>>  Of any shipments of commodities made 
pursuant to section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 
1431(b)), the Secretary of Agriculture shall, to the extent practicable, 
direct that tonnage equal in value to not more than $25,000,000 shall be 
made available to foreign countries to assist in mitigating the effects 
of the Human Immunodeficiency Virus and Acquired Immune Deficiency 
Syndrome on communities, including the provision of--
            (1) agricultural commodities to--
                    (A) individuals with Human Immunodeficiency Virus or 
                Acquired Immune Deficiency Syndrome in the communities; 
                and
                    (B) households in the communities, particularly 
                individuals caring for orphaned children; and
            (2) agricultural commodities monetized to provide other 
        assistance (including assistance under microcredit and 
        microenterprise programs) to create or restore sustainable 
        livelihoods among individuals in the communities, particularly 
        individuals caring for orphaned children.

    Sec. 726. In addition to amounts otherwise appropriated or made 
available by this Act, $3,000,000 is appropriated for the purpose of 
providing Bill Emerson and Mickey Leland Hunger Fellowships, as 
authorized by section 4404 of Public Law 107-171 (2 U.S.C. 1161).
    Sec. 727. Notwithstanding section 412 of the Agricultural Trade 
Development and Assistance Act of 1954 (7 U.S.C. 1736f), any balances 
available to carry out title III of such Act as of the date of enactment 
of this Act, and any recoveries and reimbursements that become available 
to carry out title III of such Act, may be used to carry out title II of 
such Act.
    Sec. 728. Section 375(e)(6)(B) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking 
``$26,000,000'' and inserting ``$26,499,000''.
    Sec. 729. <<NOTE: State listing. Loans. Grants.>>  Notwithstanding 
any other provision of law, the City of Coachella, California; the City 
of Dunkirk, New York; the City of Starkville, Mississippi; the City of 
Shawnee, Oklahoma; and the City of Berlin, New Hampshire, shall be 
eligible for loans and grants provided through the Rural Community 
Advancement Program.

    Sec. 730. <<NOTE: State listing.>> Notwithstanding any other 
provision of law, the Secretary shall consider the Cities of Hollister, 
Salinas, and Watsonville, California; the City of Caldwell, Idaho; the 
City of Casa Grande, Arizona; the City of Aberdeen, South Dakota; and 
the City of Vicksburg, Mississippi, as meeting the requirements of a 
rural area in section 520 of the Housing Act of 1949 (42 U.S.C. 1490).

    Sec. 731. <<NOTE: Illinois.>> Notwithstanding any other provision of 
law, the Natural Resources Conservation Service shall provide financial 
and technical assistance to the DuPage County, Illinois, Waynewood 
Drainage Improvement Project, from funds available for the Watershed and 
Flood Prevention Operations program, not to exceed $1,600,000.

    Sec. 732. Notwithstanding any other provision of law, from the funds 
appropriated to the Rural Utilities Service by this Act, any current 
Rural Utilities Service borrower within 100 miles of

[[Page 117 STAT. 43]]

New York City shall be eligible for additional financing, refinancing, 
collateral flexibility, and deferrals on an expedited basis without 
regard to population limitations for any financially feasible 
telecommunications, energy, or water project that assists endeavors 
related to the rehabilitation, prevention, relocation, site preparation, 
or relief efforts resulting from the terrorist events of September 11, 
2001.
    Sec. 733. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 734. <<NOTE: Missouri.>> None of the funds made available to 
the Food and Drug Administration by this Act shall be used to close or 
relocate, or to plan to close or relocate, the Food and Drug 
Administration Division of Pharmaceutical Analysis in St. Louis, 
Missouri, outside the city or county limits of St. Louis, Missouri.

    Sec. 735. Section 17(a)(2)(B) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(a)(2)(B)) is amended by striking 
``2002'' and inserting ``2003''.
    Sec. 736. <<NOTE: Illinois.>> Notwithstanding any other provision of 
law, the Natural Resources Conservation Service shall provide financial 
and technical assistance for projects in the Embarras River Basin, Lake 
County Watersheds, and DuPage County, Illinois, from funds made 
available for Watershed and Flood Prevention Operations by Public Law 
107-76.

    Sec. 737. Notwithstanding any other provision of law, of the funds 
made available in this Act for competitive research grants (7 U.S.C. 
450i(b)), the Secretary may use up to 20 percent of the amount provided 
to carry out a competitive grants program under the same terms and 
conditions as those provided in section 401 of the Agricultural 
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
    Sec. 738. <<NOTE: West Virginia.>> Notwithstanding any other 
provision of law, the Natural Resources Conservation Service shall 
provide financial and technical assistance through the Watershed and 
Flood Prevention Operations program to carry out the Upper Tygart Valley 
Watershed project, West Virginia: Provided, That the Natural Resources 
Conservation Service is authorized to provide 100 percent of the 
engineering assistance and 75 percent cost share for installation of the 
water supply component of this project.

    Sec. 739. Agencies and offices of the Department of Agriculture may 
utilize any unobligated salaries and expenses funds to reimburse the 
Office of the General Counsel for salaries and expenses of personnel, 
and for other related expenses, incurred in representing such agencies 
and offices in the resolution of complaints by employees or applicants 
for employment, and in cases and other matters pending before the Equal 
Employment Opportunity Commission, the Federal Labor Relations 
Authority, or the Merit Systems Protection Board with the prior approval 
of the Committees on Appropriations of both Houses of Congress.
    Sec. 740. None of the funds appropriated or made available by this 
Act may be used to pay the salaries and expenses of personnel to carry 
out section 14(h)(1) of the Watershed Protection and Flood Prevention 
Act (16 U.S.C. 1012(h)(1)).
    Sec. 741. None of the funds appropriated or made available by this 
Act, or any other Act, may be used to pay the salaries

[[Page 117 STAT. 44]]

and expenses of personnel to carry out subtitle I of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 2009dd through dd-7).
    Sec. 742. None of the funds appropriated or made available by this 
Act may be used to pay the salaries and expenses of personnel to carry 
out section 6405 of Public Law 107-171 (7 U.S.C. 2655).
    Sec. 743. None of the funds appropriated or made available by this 
Act may be used to pay the salaries and expenses of personnel to carry 
out section 9010 of Public Law 107-171 (7 U.S.C. 8108) that exceed 77 
percent of the payment that would otherwise be paid to eligible 
producers.
    Sec. 744. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service may provide financial and technical 
assistance through the Watershed and Flood Prevention Operations program 
for the Kuhn Bayou (Point Remove) project in Arkansas and the Matanuska 
River erosion control project in Alaska.
    Sec. 745. The Food for Progress Act of 1985 (7 U.S.C. 1736o) is 
amended--
            (1) in subsections (c) and (g), by striking ``may'' each 
        place it appears and inserting ``shall''; and
            (2) by adding at the end the following:

    ``(o) Private Voluntary Organizations and Other Private Entities.-- 
<<NOTE: President. Contracts.>> In entering into agreements described in 
subsection (c), the President (acting through the Secretary)--
            ``(1) shall enter into agreements with eligible entities 
        described in subparagraphs (C) and (F) of subsection (b)(5); and
            ``(2) shall not discriminate against such eligible 
        entities.''.

    Sec. 746. Of the unobligated balances of funds made available under 
the Cooperative State Research, Education, and Extension Service, 
Buildings and Facilities appropriation in Public Law 104-180, $795,400 
are hereby rescinded.
    Sec. 747. None of the funds made available in fiscal year 2003 or 
preceding fiscal years for programs authorized under the Agricultural 
Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in 
excess of $20,000,000 shall be used to reimburse the Commodity Credit 
Corporation for the release of eligible commodities under section 
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-
1): Provided, That any such funds made available to reimburse the 
Commodity Credit Corporation shall only be used pursuant to section 
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
    Sec. 748. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service may provide financial and technical 
assistance to the Dry Creek/Neff's Grove project, Utah, and the 
Jefferson River Watershed, Montana.
    Sec. 749. Section 307 of Title III--Denali Commission of Division 
C--Other Matters of Public Law 105-277, as amended, <<NOTE: 42 USC 3121 
note.>> is further amended by adding a new subsection at the end thereof 
as follows:

    ``(d) Solid Waste.--The Secretary of Agriculture is authorized to 
make direct lump sum payments which shall remain available until 
expended to the Denali Commission to address deficiencies in solid waste 
disposal sites which threaten to contaminate rural drinking water 
supplies.''.

[[Page 117 STAT. 45]]

    Sec. 750. The $5,000,000 of unobligated balances available at the 
beginning of fiscal year 2003 for the experimental Rural Clean Water 
Program authorized under the heading ``Agricultural Stabilization and 
Conservation Service--Rural Clean Water Program'' in Public Law 96-108 
(93 Stat. 835) and Public Law 96-528 (95 Stat. 3111) are hereby 
rescinded.
    Sec. 751. The Secretary of Agriculture is authorized to make loans 
and grants to expand the State of Alaska's dairy industry and related 
milk processing and packaging facilities. There is authorized to be 
appropriated $5,000,000 to carry out this section for each fiscal years 
2003 through 2007.
    Sec. 752. <<NOTE: John Ogonowski.>> The Secretary, if presented with 
a complete and fully compliant application, including an approved third 
party to hold the development easement, to protect the 33.8 acre farm 
formerly operated by American Airlines Captain John Ogonowski from 
development through the Farmland Protection Program, shall waive the 
matching fund requirements of the program, if necessary. Farmland 
Protection Program funds provided shall not exceed the appraised fair 
market value of the land, as determined consistent with program 
requirements. Any additional funding provided to carry out this project 
shall not come at the expense of an allocation to any other State.

    Sec. 753. The Secretary of Agriculture is authorized to permit 
employees of the United States Department of Agriculture to carry and 
use firearms for personal protection while conducting field work in 
remote locations in the performance of their official duties.
    Sec. 754. Of the funds made available for the Export Enhancement 
Program, pursuant to section 301(e) of the Agricultural Trade Act of 
1978, as amended by Public Law 104-127, not more than $28,000,000 shall 
be available in fiscal year 2003.
    Sec. <<NOTE: Puerto Rico.>> 755. Notwithstanding any other provision 
of law, the Municipality of Carolina, Puerto Rico, shall be eligible for 
grants and loans administered by the Rural Utilities Service.

    Sec. 756. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
to carry out the provisions of section 7404 of Public Law 107-171.
    Sec. 757. The Agricultural Marketing Service and the Grain 
Inspection, Packers and Stockyards Administration, that have statutory 
authority to purchase interest bearing investments outside of Treasury, 
are not required to establish obligations and outlays for those 
investments, provided those investments are insured by FDIC or are 
collateralized at the Federal Reserve with securities approved by the 
Federal Reserve, operating under the guidelines of the United States 
Treasury.
    Sec. 758. Of the funds made available under section 27(a) of the 
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use up 
to $10,000,000 for costs associated with the distribution of 
commodities.
    Sec. 759. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
to enroll in excess of 245,833 acres in the calendar year 2003 wetlands 
reserve program as authorized by 16 U.S.C. 3837.
    Sec. 760. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
who carry out an environmental quality incentives

[[Page 117 STAT. 46]]

program authorized by chapter 4 of subtitle D of title XII of the Food 
Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess of 
$695,000,000.
    Sec. 761. Notwithstanding subsections (c) and (e)(2) of section 313A 
of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in 
implementing section 313A of that Act, the Secretary shall, with the 
consent of the lender, structure the schedule for payment of the annual 
fee, not to exceed an average of 30 basis points per year for the term 
of the loan, to ensure that sufficient funds are available to pay the 
subsidy costs for note guarantees under that section.
    Sec. 762. In addition to amounts appropriated by this Act under the 
heading ``Public Law 480 Title II Grants'', there is appropriated 
$250,000,000 for assistance for emergency relief activities: Provided, 
That the amount appropriated under this section shall remain available 
through September 30, 2004.
    Sec. 763. (a) Section 1001(9) of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 7901(9)) is amended by inserting 
``crambe, sesame seed,'' after ``mustard seed,''.
    (b) Section 1202 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 7932) is amended--
            (1) in subsection (a), by striking paragraph (10) and 
        inserting the following:
            ``(10) In the case of other oilseeds, $.0960 per pound for 
        each of the following kinds of oilseeds:
                    ``(A) Sunflower seed.
                    ``(B) Rapeseed.
                    ``(C) Canola.
                    ``(D) Safflower.
                    ``(E) Flaxseed.
                    ``(F) Mustard seed.
                    ``(G) Crambe.
                    ``(H) Sesame seed.
                    ``(I) Other oilseeds designated by the Secretary.'';
            (2) in subsection (b), by striking paragraph (10) and 
        inserting the following:
            ``(10) In the case of other oilseeds, $.0930 per pound for 
        each of the following kinds of oilseeds:
                    ``(A) Sunflower seed.
                    ``(B) Rapeseed.
                    ``(C) Canola.
                    ``(D) Safflower.
                    ``(E) Flaxseed.
                    ``(F) Mustard seed.
                    ``(G) Crambe.
                    ``(H) Sesame seed.
                    ``(I) Other oilseeds designated by the Secretary.'';
            (3) by adding at the end the following:

    ``(c) Single County Loan Rate for Other Oilseeds.--The Secretary 
shall establish a single loan rate in each county for each kind of other 
oilseeds described in subsections (a)(10) and (b)(10).
    ``(d) Quality Grades for Dry Peas, Lentils, and Small Chickpeas.--
The loan rate for dry peas, lentils, and small chickpeas shall be based 
on--
            ``(1) in the case of dry peas, United States feed peas;

[[Page 117 STAT. 47]]

            ``(2) in the case of lentils, United States number 3 
        lentils; and
            ``(3) in the case of small chickpeas, United States number 3 
        small chickpeas that drop below a 20/64 screen.''.

    (c) Section 1204 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 7934) is amended--
            (1) in subsection (a), by striking ``and extra long staple 
        cotton'' and inserting ``extra long staple cotton, and 
        confectionery and each other kind of sunflower seed (other than 
        oil sunflower seed)'';
            (2) by redesignating subsection (f) as subsection (h); and
            (3) by inserting after subsection (e) the following:

    ``(f) Repayment Rates for Confectionery and Other Kinds of Sunflower 
Seeds.--The Secretary shall permit the producers on a farm to repay a 
marketing assistance loan under section 1201 for confectionery and each 
other kind of sunflower seed (other than oil sunflower seed) at a rate 
that is the lesser of--
            ``(1) the loan rate established for the commodity under 
        section 1202, plus interest (determined in accordance with 
        section 163 of the Federal Agriculture Improvement and Reform 
        Act of 1996 (7 U.S.C. 7283)); or
            ``(2) the repayment rate established for oil sunflower seed.

    ``(g) Quality Grades for Dry Peas, Lentils, and Small Chickpeas.--
The loan repayment rate for dry peas, lentils, and small chickpeas shall 
be based on the quality grades for the applicable commodity specified in 
section 1202(d).''.
    (d) <<NOTE: Applicability. 7 USC 7901 note.>> This section and the 
amendments made by this section apply beginning with the 2003 crop of 
other oilseeds (as defined in section 1001 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 7901)), dry peas, lentils, and 
small chickpeas.

    Sec. 764. <<NOTE: Grants. University of Vermont.>> Of the amount of 
funds that are made available to producers in the State of Vermont under 
section 524 of the Federal Crop Insurance Act (7 U.S.C. 1524) for fiscal 
year 2003, the Secretary of Agriculture shall make a grant of $200,000 
to the Northeast Center for Food Entrepreneurship at the University of 
Vermont to support value-added projects that contribute to agricultural 
diversification in the State, to remain available until expended.

    Sec. 765. (a) Section 319(e) of the Agricultural Adjustment Act of 
1938 (7 U.S.C. 1314e(e)) is amended in the fifth sentence--
            (1) by striking ``: Provided, That'' and inserting ``, 
        except that (1)''; and
            (2) by inserting before the period at the end the following: 
        ``, (2) the total quantity of all adjustments under this 
        sentence for all farms for any crop year may not exceed 10 
        percent of the national basic quota for the preceding crop year, 
        and (3) this sentence shall not apply to the establishment of a 
        marketing quota for the 2003 marketing year''.

    (b) <<NOTE: Effective date. Termination date.>> During the period 
beginning on the date of enactment of this Act and ending on the last 
day of the 2002 marketing year for the kind of tobacco involved, the 
Secretary of Agriculture may waive the application of section 
1464.2(b)(2) of title 7, Code of Federal Regulations.

    (c) <<NOTE: 7 USC 1314e note.>>  Regulations.--
            (1) The Secretary of Agriculture may promulgate such 
        regulations as are necessary to implement this section and the 
        amendments made by this section.

[[Page 117 STAT. 48]]

            (2) The promulgation of the regulations and administration 
        of this section and the amendments made by this section shall be 
        made without regard to--
                    (A) the notice and comment provisions of section 553 
                of title 5, United States Code;
                    (B) the Statement of Policy of the Secretary of 
                Agriculture effective July 24, 1971 (36 Fed. Reg. 
                13804), relating to notices of proposed rulemaking and 
                public participation in rulemaking; and
                    (C) chapter 35 of title 44, United States Code 
                (commonly known as the ``Paperwork Reduction Act'').
            (3) In carrying out this subsection, the Secretary shall use 
        the authority provided under section 808 of title 5, United 
        States Code.

    Sec. 766. Title III of the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 2001, is 
amended in the first paragraph under the heading ``rural housing 
insurance fund program account (including transfer of funds)'' under the 
heading ``Rural Housing Service'' (114 Stat. 1549, 1549A-19) by 
inserting before the period at the end the following: ``: Provided 
further, That after September 30, 2002, any funds remaining for the 
demonstration program may be used, within the State in which the 
demonstration program is carried out, for fiscal year 2003 and 
subsequent fiscal years to make grants, and to cover the costs (as 
defined in section 502 of the Congressional Budget and Impoundment 
Control Act of 1974 (2 U.S.C. 661a)) of loans authorized, under section 
504 of the Housing Act of 1949 (42 U.S.C. 1474)''.
    Sec. 767. <<NOTE: 7 USC 7911 note.>> (a) Notwithstanding any other 
provision of law, for purposes of administering sections 1101 and 1102 
of Public Law 107-171, acreage planted to, or prevented from being 
planted to, popcorn shall be considered as acreage planted to, or 
prevented from being planted to, corn: Provided, That if a farm program 
payment yield for corn is otherwise established for a farm under such 
section 1102, the same yield shall be used for the acreage on the farm 
planted to, or prevented from being planted to, popcorn: Provided 
further, That with respect to all other farms, the farm program payment 
yield for such popcorn acreage shall be established by the Secretary on 
a fair and equitable basis to reflect the farm program payment yields 
for corn on similar farms in the area.

    (b) <<NOTE: Effective date.>> This section shall take effect on 
October 1, 2003.

    Sec. 768. Of the funds appropriated for fiscal year 2002 and prior 
years for grants and contracts to carry out section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c(b)(1)(A)), $11,000,000 is hereby 
rescinded.
    Sec. 769. Notwithstanding any other provision of this Act, the 
$4,696,000,000 provided for the Special Supplemental Nutrition Program 
for Women, Infants, and Children (WIC) shall be exempt from the across-
the-board rescission under section 601 of division N.
    Sec. 770. <<NOTE: Effective date.>> During the 180-day period 
beginning on the date of enactment of this Act, none of the funds made 
available by this Act or any other Act shall be available to the 
Secretary of Agriculture to pay the salaries of any personnel--

[[Page 117 STAT. 49]]

            (1) to amend the terms of a licensing agreement for a grain 
        warehouse (excluding rice) under the United States Warehouse Act 
        (7 U.S.C. 241 et seq.); or
            (2) to issue a new license for a grain warehouse (excluding 
        rice) under that Act unless--
                    (A) the warehouse does not hold (as of the date of 
                enactment of this Act) a Federal or State license for 
                the operation of the warehouse; and
                    (B) the licensing agreement accompanying the new 
                license conforms to the licensing requirements of the 
                Secretary in effect on January 1, 2003.

    Sec. 771. None of the funds made available in this Act may be used 
to require that a farm satisfy section 2110(c)(1) of the Organic Foods 
Production Act of 1990 (7 U.S.C. 6509(c)(1)) in order to be certified 
under such Act as an organic farm with respect to the livestock produced 
on the farm unless the report prepared by the Secretary of Agriculture 
pursuant to the recommendations contained in the joint explanatory 
statement of the Managers on the part of the House of Representatives 
and the Senate to accompany Public Law 107-171 (House Conference Report 
107-424, pages 672-673) confirms the commercial availability of 
organically produced feed, at not more than twice the cost of 
conventionally produced feed, to meet current market demands.
    This division may be cited as the ``Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2003''.

   DIVISION <<NOTE: Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 2003.>> B--COMMERCE, 
JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS, 
2003

                            Joint Resolution


  Making appropriations for the Departments of Commerce, Justice, and 
 State, the Judiciary, and related agencies for the fiscal year ending 
               September 30, 2003, and for other purposes.

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

   TITLE <<NOTE: Department of Justice Appropriations Act, 2003.>> I--
DEPARTMENT OF JUSTICE

                         General Administration

                          salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $100,579,000, of which not to exceed $3,137,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 43 permanent positions and 44 full-time equivalent 
workyears and $10,172,000 shall be expended for the Department 
Leadership Program exclusive of augmentation that occurred in these 
offices in fiscal year 2002: Provided further, That not to exceed 31 
permanent positions, 33 full-time equivalent workyears and $3,464,000 
shall be expended for the Office of Legislative Affairs: Provided 
further, That not to exceed 15 permanent positions, 20 full-time 
equivalent workyears and

[[Page 117 STAT. 50]]

$1,875,000 shall be expended for the Office of Public Affairs: Provided 
further, That the latter two aforementioned offices may utilize non-
reimbursable details of career employees within the caps described in 
the preceding two provisos: Provided further, <<NOTE: Guidelines.>> That 
the Attorney General is authorized to transfer, under such terms and 
conditions as the Attorney General shall specify, forfeited real or 
personal property of limited or marginal value, as such value is 
determined by guidelines established by the Attorney General, to a State 
or local government agency, or its designated contractor or transferee, 
for use to support drug abuse treatment, drug and crime prevention and 
education, housing, job skills, and other community-based public health 
and safety programs: Provided further, That any transfer under the 
preceding proviso shall not create or confer any private right of action 
in any person against the United States, and shall be treated as a 
reprogramming under section 605 of this Act.

                     joint automated booking system

    For expenses necessary for the nationwide deployment of a Joint 
Automated Booking System including automated capability to transmit 
fingerprint and image data, $15,973,000, to remain available until 
September 30, 2004.

     automated biometric identification system/integrated automated 
                    identification system integration

    For expenses necessary for the planning, development, and deployment 
of an integrated fingerprint identification system, including automated 
capability to transmit fingerprint and image data, $9,000,000, to remain 
available until September 30, 2004.

                   legal activities office automation

    For necessary expenses related to the design, development, 
engineering, acquisition, and implementation of office automation 
systems for the organizations funded under the headings ``Salaries and 
Expenses, General Legal Activities'', and ``General Administration, 
Salaries and Expenses'', and the United States Attorneys, the United 
States Marshals Service, the Antitrust Division, the United States 
Trustee Program, the Executive Office for Immigration Review, the 
Community Relations Service, the Bureau of Prisons, and the Office of 
Justice Programs, $15,942,000, to remain available until September 30, 
2004.

                        narrowband communications

    For the costs of conversion to narrowband communications, including 
the cost for operation and maintenance of Land Mobile Radio legacy 
systems, $81,354,000, to remain available until September 30, 2004: 
Provided, That the Attorney General shall transfer to the ``Narrowband 
Communications'' account all funds made available to the Department of 
Justice for the purchase of portable and mobile radios: Provided 
further, That any transfers made under this proviso shall be subject to 
section 605 of this Act.

[[Page 117 STAT. 51]]

                          counterterrorism fund

    For necessary expenses, as determined by the Attorney General, 
$1,000,000, to remain available until expended, to reimburse any 
Department of Justice organization for: (1) the costs incurred in 
reestablishing the operational capability of an office or facility which 
has been damaged or destroyed as a result of any domestic or 
international terrorist incident; and (2) the costs of providing support 
to counter, investigate or prosecute domestic or international 
terrorism, including payment of rewards in connection with these 
activities: Provided, That any Federal agency may be reimbursed for the 
costs of detaining in foreign countries individuals accused of acts of 
terrorism that violate the laws of the United States: Provided 
further, <<NOTE: Notification.>> That funds provided under this 
paragraph shall be available only after the Attorney General notifies 
the Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.

                    administrative review and appeals

    For expenses necessary for the administration of pardon and clemency 
petitions and immigration-related activities, $191,535,000.

                            detention trustee

    For necessary expenses of the Federal Detention Trustee who shall 
exercise all power and functions authorized by law relating to the 
detention of Federal prisoners in non-Federal institutions or otherwise 
in the custody of the United States Marshals Service; and the detention 
of aliens in the custody of the Immigration and Naturalization Service, 
$1,366,591,000, to remain available until expended: Provided, That the 
Trustee shall be responsible for managing the Justice Prisoner and Alien 
Transportation System and for overseeing housing related to such 
detention; the management of funds appropriated to the Department for 
the exercise of any detention functions; and the direction of the United 
States Marshals Service and Immigration and Naturalization Service with 
respect to the exercise of detention policy setting and operations for 
the Department: Provided further, That any unobligated balances 
available in prior years from the funds appropriated under the heading 
``Federal Prisoner Detention'' shall be transferred to and merged with 
the appropriation under the heading ``Detention Trustee'' and shall be 
available until expended: <<NOTE: Plan. Deadline.>> Provided further, 
That the Trustee, working in consultation with the Bureau of Prisons, 
shall submit a plan for collecting information related to evaluating the 
health and safety of Federal prisoners in non-Federal institutions no 
later than 180 days following the enactment of this Act.

                       office of inspector general

    For necessary expenses of the Office of Inspector General, 
$57,937,000; including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character, to be expended under the 
direction of, and to be accounted for solely under the certificate of, 
the Attorney General; and for the acquisition, lease, maintenance, and 
operation of motor vehicles, without regard to the general purchase 
price limitation for the current fiscal year.

[[Page 117 STAT. 52]]

                     United States Parole Commission

                          salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized, $10,488,000.

                            Legal Activities

             salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department of 
Justice, not otherwise provided for, including not to exceed $20,000 for 
expenses of collecting evidence, to be expended under the direction of, 
and to be accounted for solely under the certificate of, the Attorney 
General; and rent of private or Government-owned space in the District 
of Columbia, $611,325,000, of which not to exceed $10,000,000 for 
litigation support contracts shall remain available until expended, and 
of which not less than $1,996,000 shall be available for necessary 
administrative expenses in accordance with the Radiation Exposure 
Compensation Act: Provided, That of the total amount appropriated, not 
to exceed $1,000 shall be available to the United States National 
Central Bureau, INTERPOL, for official reception and representation 
expenses: Provided further, That notwithstanding any other provision of 
law, upon a determination by the Attorney General that emergent 
circumstances require additional funding for litigation activities of 
the Civil Division, the Attorney General may transfer such amounts to 
``Salaries and Expenses, General Legal Activities'' from available 
appropriations for the current fiscal year for the Department of 
Justice, as may be necessary to respond to such circumstances: Provided 
further, That any transfer pursuant to the previous proviso shall be 
treated as a reprogramming under section 605 of this Act and shall not 
be available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

                salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $133,133,000: Provided, That, notwithstanding any other provision 
of law, not to exceed $133,133,000 of offsetting collections derived 
from fees collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), 
regardless of the year of collection, shall be retained and used for 
necessary expenses in this appropriation, and shall remain available 
until expended: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2003, so as to result in a final fiscal year 
2003 appropriation from the general fund estimated at not more than $0.

[[Page 117 STAT. 53]]

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,503,767,000; of which not to exceed $2,500,000 shall be available 
until September 30, 2004, for: (1) training personnel in debt 
collection; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That of the total amount appropriated, not 
to exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$10,000,000 of those funds available for automated litigation support 
contracts shall remain available until expended: Provided further, That 
not to exceed $2,500,000 for the operation of the National Advocacy 
Center shall remain available until expended: Provided further, That, in 
addition to reimbursable full-time equivalent workyears available to the 
Offices of the United States Attorneys, not to exceed 10,113 positions 
and 10,316 full-time equivalent workyears shall be supported from the 
funds appropriated in this Act for the United States Attorneys: Provided 
further, That the <<NOTE: Applicability.>> fourth proviso under the 
heading ``Salaries and Expenses, United States Attorneys'' in title I of 
H.R. 3421 of the 106th Congress, as enacted by section 1000(a)(1) of 
Public Law 106-113 shall apply to amounts made available under this 
heading for fiscal year 2003: Provided further, That of 
the <<NOTE: South Carolina.>> total amount appropriated, $5,000,000 
shall be for Project Seahawk in Charleston, South Carolina.

                    united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $155,736,000, to remain available until expended and to be 
derived from the United States Trustee System Fund: Provided, That, 
notwithstanding any other provision of law, deposits to the Fund shall 
be available in such amounts as may be necessary to pay refunds due 
depositors: Provided further, That, notwithstanding any other provision 
of law, $155,736,000 of offsetting collections pursuant to 28 U.S.C. 
589a(b) shall be retained and used for necessary expenses in this 
appropriation and remain available until expended: Provided further, 
That the sum herein appropriated from the Fund shall be reduced as such 
offsetting collections are received during fiscal year 2003, so as to 
result in a final fiscal year 2003 appropriation from the Fund estimated 
at $0.

       salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 5 
U.S.C. 3109, $1,136,000.

          salaries and expenses, united states marshals service

    For necessary expenses of the United States Marshals Service, 
including the acquisition, lease, maintenance, and operation of 
vehicles, and the purchase of passenger motor vehicles for police-type 
use, without regard to the general purchase price limitation for the 
current fiscal year, $680,474,000; of which $15,800,000 shall be 
available for 106 supervisory deputy marshal positions for courthouse 
security; of which not to exceed $6,000 shall be available

[[Page 117 STAT. 54]]

for official reception and representation expenses; of which not to 
exceed $4,000,000 shall be available for development, implementation, 
maintenance and support, and training for an automated prisoner 
information system and shall remain available until expended; and 
$12,061,000 shall be available for the costs of courthouse security 
equipment, including furnishings, relocations, and telephone systems and 
cabling, and shall remain available until expended: Provided, That, in 
addition to reimbursable full-time equivalent workyears available to the 
United States Marshals Service, not to exceed 4,158 positions and 4,023 
full-time equivalent workyears shall be supported from the funds 
appropriated in this Act for the United States Marshals Service.

                              construction

    For planning, constructing, renovating, equipping, and maintaining 
United States Marshals Service prisoner-holding space in United States 
courthouses and Federal buildings, including the renovation and 
expansion of prisoner movement areas, elevators, and sallyports, 
$15,126,000, to remain available until expended.

                     fees and expenses of witnesses

    For expenses, mileage, compensation, and per diems of witnesses, for 
expenses of contracts for the procurement and supervision of expert 
witnesses, for private counsel expenses, for per diems in lieu of 
subsistence, as authorized by law, including advances, and for United 
States Marshals Service Witness Security program expenses, $175,645,000, 
to remain available until expended; of which not to exceed $6,000,000 
may be made available for planning, construction, renovations, 
maintenance, remodeling, and repair of buildings, and the purchase of 
equipment incident thereto, for protected witness safesites; of which 
not to exceed $1,000,000 may be made available for the purchase and 
maintenance of armored vehicles for transportation of protected 
witnesses; of which not to exceed $19,500,000 may be made available for 
the United States Marshals Service Witness Security program; and of 
which not to exceed $5,000,000 may be made available for the purchase, 
installation, and maintenance of secure telecommunications equipment and 
a secure automated information network to store and retrieve the 
identities and locations of protected witnesses.

           salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
$9,474,000 and, in addition, up to $1,000,000 of funds made available to 
the Department of Justice in this Act may be transferred by the Attorney 
General to this account: Provided, That notwithstanding any other 
provision of law, upon a determination by the Attorney General that 
emergent circumstances require additional funding for conflict 
resolution and violence prevention activities of the Community Relations 
Service, the Attorney General may transfer such amounts to the Community 
Relations Service, from available appropriations for the current fiscal 
year for the Department of Justice, as may be necessary to respond to 
such circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section

[[Page 117 STAT. 55]]

605 of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                         assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and 
(G), as amended, $21,901,000, to be derived from the Department of 
Justice Assets Forfeiture Fund.

                       Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the detection, investigation, and 
prosecution of individuals involved in organized crime drug trafficking 
not otherwise provided for, to include inter-governmental agreements 
with State and local law enforcement agencies engaged in the 
investigation and prosecution of individuals involved in organized crime 
drug trafficking, $372,131,000, of which $50,000,000 shall remain 
available until expended: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation: 
Provided further, That any unobligated balances remaining available at 
the end of the fiscal year shall revert to the Attorney General for 
reallocation among participating organizations in succeeding fiscal 
years, subject to the reprogramming procedures set forth in section 605 
of this Act.

                     Federal Bureau of Investigation

                          salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; including purchase for police-type use of not to exceed 1,576 
passenger motor vehicles, of which 1,085 will be for replacement only, 
without regard to the general purchase price limitation for the current 
fiscal year, and hire of passenger motor vehicles; acquisition, lease, 
maintenance, and operation of aircraft; and not to exceed $70,000 to 
meet unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General, $4,234,587,000; of which not to 
exceed $65,000,000 for automated data processing and telecommunications 
and technical investigative equipment, not to exceed $10,000,000 for 
facilities buildout, and not to exceed $1,000,000 for undercover 
operations shall remain available until September 30, 2004; of which 
$475,300,000 shall be for counterterrorism investigations, foreign 
counterintelligence, and other activities related to our national 
security; of which not less than $153,812,000 shall only be for Joint 
Terrorism Task Forces; of which not to exceed $10,000,000 is authorized 
to be made available for making advances for expenses arising out of 
contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related to 
violent crime, terrorism, organized crime, and drug investigations: 
Provided, That not to exceed $50,000 shall be available for official 
reception and representation expenses: Provided further, That, in 
addition to reimbursable full-time equivalent workyears

[[Page 117 STAT. 56]]

available to the Federal Bureau of Investigation, not to exceed 26,447 
positions and 25,579 full-time equivalent workyears shall be supported 
from the funds appropriated in this Act for the Federal Bureau of 
Investigation.

                  foreign terrorist tracking task force

    For expenses necessary for the Foreign Terrorist Tracking Task 
Force, including salaries and expenses, operations, equipment, and 
facilities, $62,000,000.

                              construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects; $1,250,000, to remain 
available until expended.

                     Drug Enforcement Administration

                          salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and to be 
accounted for solely under the certificate of, the Attorney General; 
expenses for conducting drug education and training programs, including 
travel and related expenses for participants in such programs and the 
distribution of items of token value that promote the goals of such 
programs; purchase of not to exceed 1,374 passenger motor vehicles, of 
which 1,354 will be for replacement only, for police-type use without 
regard to the general purchase price limitation for the current fiscal 
year; and acquisition, lease, maintenance, and operation of aircraft, 
$1,560,919,000; of which not to exceed $33,000,000 for permanent change 
of station shall remain available until September 30, 2004; of which not 
to exceed $1,800,000 for research shall remain available until expended, 
and of which not to exceed $4,000,000 for purchase of evidence and 
payments for information, not to exceed $10,000,000 for contracting for 
automated data processing and telecommunications equipment, and not to 
exceed $2,000,000 for laboratory equipment, $4,000,000 for technical 
equipment, and $2,000,000 for aircraft replacement retrofit and parts, 
shall remain available until September 30, 2004; of which not to exceed 
$50,000 shall be available for official reception and representation 
expenses: Provided, That, in addition to reimbursable full-time 
equivalent workyears available to the Drug Enforcement Administration, 
not to exceed 7,815 positions and 7,661 full-time equivalent workyears 
shall be supported from the funds appropriated in this Act for the Drug 
Enforcement Administration.

                 Immigration and Naturalization Service

                          salaries and expenses

    For expenses necessary for the administration and enforcement of the 
laws relating to immigration, naturalization, and alien registration, as 
follows:

[[Page 117 STAT. 57]]

               immigration enforcement and border affairs

    For salaries and expenses for the Border Patrol, detention and 
removals, intelligence, investigations, and inspections, including not 
to exceed $50,000 to meet unforeseen emergencies of a confidential 
character, to be expended under the direction of, and to be accounted 
for solely under the certificate of, the Attorney General; purchase for 
police-type use (not to exceed 4,565 passenger motor vehicles, of which 
3,450 are for replacement only), without regard to the general purchase 
price limitation for the current fiscal year, and hire of passenger 
motor vehicles; acquisition, lease, maintenance and operation of 
aircraft; research related to immigration enforcement; for protecting 
and maintaining the integrity of the borders of the United States 
including, without limitation, equipping, maintaining, and making 
improvements to the infrastructure; and for the care and housing of 
Federal detainees held in the joint Immigration and Naturalization 
Service and United States Marshals Service Buffalo Detention Facility, 
$2,880,819,000; of which not to exceed $5,000,000 is for payments or 
advances arising out of contractual or reimbursable agreements with 
State and local law enforcement agencies while engaged in cooperative 
activities related to immigration; of which not to exceed $5,000,000 is 
to fund or reimburse other Federal agencies for the costs associated 
with the care, maintenance, and repatriation of smuggled illegal aliens; 
of which not to exceed $245,236,000 is for information technology 
infrastructure: Provided, That uniforms may be purchased without regard 
to the general purchase price limitation for the current fiscal year: 
Provided further, That none of the funds appropriated in this Act for 
the Immigration and Naturalization Service's Entry Exit System may be 
obligated until the Immigration and Naturalization Service submits a 
plan for expenditure that: (1) meets the capital planning and investment 
control review requirements established by the Office of Management and 
Budget, including OMB Circular A-11, part 3; (2) complies with the 
acquisition rules, requirements, guidelines, and systems acquisition 
management practices of the Federal Government; (3) is reviewed by the 
General Accounting Office; and (4) has been approved by the Committees 
on Appropriations: Provided further, That funds provided under this 
heading shall only be available for obligation and expenditure in 
accordance with the procedures applicable to reprogramming notifications 
set forth in section 605 of Public Law 107-77.

                          immigration services

    For salaries and expenses for immigration services, $709,000,000: 
Provided further, That not to exceed 40 permanent positions and 40 full-
time equivalent workyears and $4,300,000 shall be expended for the 
Offices of Legislative Affairs and Public Affairs: Provided further, 
That unencumbered positions in the aforementioned offices after the date 
of enactment of this Act shall be filled only by personnel details, 
temporary transfers of personnel on either a reimbursable or non-
reimbursable basis, or any other formal or informal transfer or 
reimbursement of personnel or funds on either a temporary or long-term 
basis up to 10 full-time equivalent workyears: Provided further, That 
the number of positions filled through non-career appointment at the 
Immigration and Naturalization Service, for which funding is provided in 
this Act

[[Page 117 STAT. 58]]

or is otherwise made available to the Immigration and Naturalization 
Service, shall not exceed six permanent positions and six full-time 
equivalent workyears: Provided further, That funds may be used, without 
limitation, for equipping, maintaining, and making improvements to the 
infrastructure and the purchase of vehicles for police-type use within 
the limits of the Immigration Enforcement and Border Affairs 
appropriation.

                              construction

    For planning, construction, renovation, equipping, and maintenance 
of buildings and facilities necessary for the administration and 
enforcement of the laws relating to immigration, naturalization, and 
alien registration, not otherwise provided for, $258,637,000, to remain 
available until expended: Provided, That no funds shall be available for 
the site acquisition, design, or construction of any Border Patrol 
checkpoint in the Tucson sector: Provided further, That the Border 
Patrol shall relocate its checkpoints in the Tucson sector at least once 
every seven days in a manner designed to prevent persons subject to 
inspection from predicting the location of any such checkpoint.

                          Federal Prison System

                          salaries and expenses

    For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, including 
purchase (not to exceed 713, of which 504 are for replacement only) and 
hire of law enforcement and passenger motor vehicles, and for the 
provision of technical assistance and advice on corrections related 
issues to foreign governments, $4,071,251,000, of which $1,463,997,000 
shall be for Inmate Care and Programs, $1,880,763,000 shall be for 
Institution Security and Administration, $571,077,000 shall be for 
Contract Confinement, and $155,414,000 shall be for Management and 
Administration: Provided, <<NOTE: 42 USC 250a.>> That the Attorney 
General may transfer to the Health Resources and Services Administration 
such amounts as may be necessary for direct expenditures by that 
Administration for medical relief for inmates of Federal penal and 
correctional institutions: Provided further, That the Director of the 
Federal Prison System, where necessary, may enter into contracts with a 
fiscal agent/fiscal intermediary claims processor to determine the 
amounts payable to persons who, on behalf of the Federal Prison System, 
furnish health services to individuals committed to the custody of the 
Federal Prison System: Provided further, That not to exceed $6,000 shall 
be available for official reception and representation expenses: 
Provided further, That not to exceed $50,000,000 shall remain available 
for necessary operations until September 30, 2004: Provided further, 
That, of the amounts provided for Contract Confinement, not to exceed 
$20,000,000 shall remain available until expended to make payments in 
advance for grants, contracts and reimbursable agreements, and other 
expenses authorized by section 501(c) of the Refugee Education 
Assistance Act of 1980, as amended, for the care and security in the 
United States of Cuban and Haitian entrants: Provided further, That the 
Director of the Federal Prison System may accept donated property and 
services relating to the operation of the prison card program from a 
not-for-profit entity

[[Page 117 STAT. 59]]

which has operated such program in the past notwithstanding the fact 
that such not-for-profit entity furnishes services under contracts to 
the Federal Prison System relating to the operation of pre-release 
services, halfway houses or other custodial facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$399,227,000, to remain available until expended, of which not to exceed 
$14,000,000 shall be available to construct areas for inmate work 
programs: Provided, That labor of United States prisoners may be used 
for work performed under this appropriation: Provided 
further, <<NOTE: Notification.>> That not to exceed 10 percent of the 
funds appropriated to ``Buildings and Facilities'' in this or any other 
Act may be transferred to ``Salaries and Expenses'', Federal Prison 
System, upon notification by the Attorney General to the Committees on 
Appropriations of the House of Representatives and the Senate in 
compliance with provisions set forth in section 605 of this Act.

                 federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized to 
make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase (not to 
exceed five for replacement only) and hire of passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $3,429,000 of the funds of the corporation shall be 
available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be 
determined in accordance with the corporation's current prescribed 
accounting system, and such amounts shall be exclusive of depreciation, 
payment of claims, and expenditures which the said accounting system 
requires to be capitalized or charged to cost of commodities acquired or 
produced, including selling and shipping expenses, and expenses in 
connection with acquisition, construction, operation, maintenance, 
improvement, protection, or disposition of facilities and other property 
belonging to the corporation or in which it has an interest.

[[Page 117 STAT. 60]]

                       Office of Justice Programs

                           justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended, and the Missing Children's Assistance Act, as 
amended, including salaries and expenses in connection therewith, and 
with the Victims of Crime Act of 1984, as amended, $201,291,000, to 
remain available until expended: Provided, That all balances under this 
heading for counterterrorism programs may be transferred to and merged 
with the appropriation for ``Domestic Preparedness''.

                    office for domestic preparedness

    For grants, cooperative agreements, and other assistance authorized 
by sections 819 and 821 of the Antiterrorism and Effective Death Penalty 
Act of 1996 and for other counterterrorism programs, including training, 
exercises and equipment for fire, emergency medical, hazmat, law 
enforcement, and other first responders to prevent and respond to acts 
of terrorism, including incidents involving weapons of mass destruction 
or chemical or biological weapons, $1,000,000,000, to remain available 
until expended.

               state and local law enforcement assistance

    For assistance authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended (``the 1994 
Act''); the Omnibus Crime Control and Safe Streets Act of 1968, as 
amended (``the 1968 Act''); the Victims of Child Abuse Act of 1990, as 
amended (``the 1990 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386) and other programs; 
$2,065,269,000 (including amounts for administrative costs, which shall 
be transferred to and merged with the ``Justice Assistance'' account): 
Provided, That $17,667,000 shall be derived from prior year unobligated 
balances from Local Law Enforcement Block Grants, and $3,323,000 shall 
be derived from prior year unobligated balances from residential 
substance abuse treatment for State prisoners: Provided further, That 
funding provided under this heading shall remain available until 
expended as follows:
            (1) $400,000,000 for Local Law Enforcement Block Grants, 
        pursuant to H.R. 728 as passed by the House of Representatives 
        on February 14, 1995, except that for purposes of this Act and 
        retroactive to October 1, 2000, Guam shall be considered as one 
        ``State'' for all purposes under H.R. 728, notwithstanding any 
        provision of section 108(3) thereof, the Commonwealth of Puerto 
        Rico shall be considered a ``unit of local government'' as well 
        as a ``State'', for the purposes set forth in paragraphs (A), 
        (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728, and for 
        establishing crime prevention programs involving cooperation 
        between community residents and law enforcement personnel in 
        order to control, detect, or investigate crime or the 
        prosecution of criminals: Provided, That no funds provided under 
        this heading may be used as matching funds for any other Federal 
        grant program, of which:

[[Page 117 STAT. 61]]

                    (A) $80,000,000 shall be for Boys and Girls Clubs in 
                public housing facilities and other areas in cooperation 
                with State and local law enforcement: Provided, That 
                funds may also be used to defray the costs of 
                indemnification insurance for law enforcement officers;
                    (B) $20,000,000 shall be available for grants, 
                contracts, and other assistance to carry out section 
                102(c) of H.R. 728; and
                    (C) $3,000,000 for Citizen Corps programs 
                administered by the Department of Justice;
            (2) $250,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 242(j) of the Immigration and 
        Nationality Act, as amended;
            (3) $5,000,000 for the Cooperative Agreement Program;
            (4) $18,000,000 for assistance to Indian tribes, of which:
                    (A) $5,000,000 shall be available for grants under 
                section 20109(a)(2) of subtitle A of title II of the 
                1994 Act;
                    (B) $8,000,000 shall be available for the Tribal 
                Courts Initiative; and
                    (C) $5,000,000 shall be available for demonstration 
                grants on alcohol and crime in Indian Country;
            (5) $650,914,000 for programs authorized by part E of title 
        I of the 1968 Act, notwithstanding the provisions of section 511 
        of said Act, of which $150,914,000 shall be for discretionary 
        grants under the Edward Byrne Memorial State and Local Law 
        Enforcement Assistance Programs;
            (6) $390,165,000 for programs to address violence against 
        women, of which:
                    (A) $11,975,000 shall be for the Court Appointed 
                Special Advocate Program, as authorized by section 218 
                of the 1990 Act;
                    (B) $2,296,000 shall be for Child Abuse Training 
                Programs for Judicial Personnel and Practitioners, as 
                authorized by section 224 of the 1990 Act;
                    (C) $998,000 shall be for grants for televised 
                testimony, as authorized by section 1001(a)(7) of the 
                1968 Act;
                    (D) $184,537,000 shall be for Grants to Combat 
                Violence Against Women as authorized by section 
                1001(a)(18) of the 1968 Act, of which:
                          (i) $1,000,000 shall be for the Bureau of 
                      Justice Statistics for grants, contracts, and 
                      other assistance for a domestic violence Federal 
                      case processing study;
                          (ii) $5,200,000 shall be for the National 
                      Institute of Justice for grants, contracts, and 
                      other assistance for research and evaluation of 
                      violence against women; and
                          (iii) $10,000,000 shall be for the Office of 
                      Juvenile Justice and Delinquency Prevention for 
                      the Safe Start Program, to be administered as 
                      authorized by part C of the Juvenile Justice and 
                      Delinquency Act of 1974, as amended;
                    (E) $64,925,000 shall be for Grants to Encourage 
                Arrest Policies as authorized by section 1001(a)(19) of 
                the 1968 Act;
                    (F) $39,945,000 shall be for Rural Domestic Violence 
                and Child Abuse Enforcement Assistance Grants, as 
                authorized by section 40295 of the 1994 Act;

[[Page 117 STAT. 62]]

                    (G) $4,989,000 shall be for training programs as 
                authorized by section 40152(c) of the 1994 Act, and for 
                local demonstration projects;
                    (H) $3,000,000 shall be for grants to improve the 
                process for entering data regarding stalking and 
                domestic violence into local, State, and national crime 
                information databases, as authorized by section 40602 of 
                the 1994 Act;
                    (I) $10,000,000 shall be for grants to reduce 
                Violent Crimes Against Women on Campus, as authorized by 
                section 1108(a) of Public Law 106-386;
                    (J) $40,000,000 shall be for Legal Assistance for 
                Victims, as authorized by section 1201 of Public Law 
                106-386;
                    (K) $5,000,000 shall be for enhancing protection for 
                older and disabled women from domestic violence and 
                sexual assault as authorized by section 40801 of the 
                1994 Act;
                    (L) $15,000,000 shall be for the Safe Havens for 
                Children Pilot Program as authorized by section 1301 of 
                Public Law 106-386; and
                    (M) $7,500,000 shall be for Education and Training 
                to end violence against and abuse of women with 
                disabilities, as authorized by section 1402 of Public 
                Law 106-386;
            (7) $10,000,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386;
            (8) $65,000,000 for grants for residential substance abuse 
        treatment for State prisoners, as authorized by section 
        1001(a)(17) of the 1968 Act;
            (9) $898,000 for the Missing Alzheimer's Disease Patient 
        Alert Program, as authorized by section 240001(c) of the 1994 
        Act;
            (10) $45,000,000 for Drug Courts, as authorized by Part EE 
        of title I of the 1968 Act;
            (11) $1,497,000 for Law Enforcement Family Support Programs, 
        as authorized by section 1001(a)(21) of the 1968 Act;
            (12) $1,995,000 for public awareness programs addressing 
        marketing scams aimed at senior citizens, as authorized by 
        section 250005(3) of the 1994 Act;
            (13) $190,000,000 for Juvenile Accountability Incentive 
        Block Grants, of which $25,000,000 shall be available for 
        grants, contracts, and other assistance under the Project 
        ChildSafe Initiative, except that such funds shall be subject to 
        the same terms and conditions as set forth in the provisions 
        under this heading for this program in Public Law 105-119, but 
        all references in such provisions to 1998 shall be deemed to 
        refer instead to 2003, and Guam shall be considered a ``State'' 
        for the purposes of title III of H.R. 3, as passed by the House 
        of Representatives on May 8, 1997;
            (14) $1,300,000 for Motor Vehicle Theft Prevention Programs, 
        as authorized by section 220002(h) of the 1994 Act;
            (15) $7,500,000 for a prescription drug monitoring program;
            (16) $13,000,000 for implementation of prison rape 
        prevention and prosecution programs including a statistical 
        review and analysis of the incidence and effects of prison rape, 
        the

[[Page 117 STAT. 63]]

        establishment of a national clearinghouse for provision of 
        information and assistance for Federal, State, and local 
        officials, grants to States, units of local government, prisons, 
        and prison systems for prison rape prevention and prosecution 
        efforts, and the development of national standards for enhancing 
        the detection, prevention, reduction, and punishment of prison 
        rape; and
            (17) $15,000,000 for terrorism prevention and response 
        training for law enforcement and other responders:

Provided, That funds made available in fiscal year 2003 under subpart 1 
of part E of title I of the 1968 Act may be obligated for programs to 
assist States in the litigation processing of death penalty Federal 
habeas corpus petitions and for drug testing initiatives: Provided 
further, That, if a unit of local government uses any of the funds made 
available under this title to increase the number of law enforcement 
officers, the unit of local government will achieve a net gain in the 
number of law enforcement officers who perform nonadministrative public 
safety service.

                       weed and seed program fund

    For necessary expenses, including salaries and related expenses of 
the Executive Office for Weed and Seed, to implement ``Weed and Seed'' 
program activities, $58,925,000, to remain available until expended, for 
inter-governmental agreements, including grants, cooperative agreements, 
and contracts, with State and local law enforcement agencies, non-profit 
organizations, and agencies of local government engaged in the 
investigation and prosecution of violent crimes and drug offenses in 
``Weed and Seed'' designated communities, and for either reimbursements 
or transfers to appropriation accounts of the Department of Justice and 
other Federal agencies which shall be specified by the Attorney General 
to execute the ``Weed and Seed'' program strategy: Provided, That funds 
designated by Congress through language for other Department of Justice 
appropriation accounts for ``Weed and Seed'' program activities shall be 
managed and executed by the Attorney General through the Executive 
Office for Weed and Seed: Provided further, <<NOTE: Notification.>> That 
the Attorney General may direct the use of other Department of Justice 
funds and personnel in support of ``Weed and Seed'' program activities 
only after the Attorney General notifies the Committees on 
Appropriations of the House of Representatives and the Senate in 
accordance with section 605 of this Act.

                  community oriented policing services

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'') 
(including administrative costs), $928,912,000, to remain available 
until expended: Provided, That section 1703 (b) and (c) of the 1968 Act 
shall not apply to non-hiring grants made pursuant to part Q of title I 
thereof (42 U.S.C. 3796dd et seq.): Provided further, That all prior 
year balances derived from the Violent Crime Trust Fund for Community 
Oriented Policing Services may be transferred into this appropriation: 
Provided further, That the officer redeployment demonstration described 
in section 1701(b)(1)(C) shall not apply to equipment, technology, 
support system or overtime grants made pursuant to part Q of title I 
thereof (42 U.S.C. 3796dd et seq.).

[[Page 117 STAT. 64]]

    Of the amounts provided:
            (1) for Public Safety and Community Policing Grants pursuant 
        to title I of the 1994 Act, $353,238,000 as follows: 
        $200,000,000 for the hiring of law enforcement officers 
        including school resource officers to prevent acts of terrorism 
        and other violent and drug-related crimes, of which up to 30 
        percent shall be available for overtime expenses; $20,622,000 
        for training and technical assistance; $25,444,000 for the 
        matching grant program for Law Enforcement Armor Vests pursuant 
        to section 2501 of part Y of the Omnibus Crime Control and Safe 
        Streets Act of 1968, as amended (``the 1968 Act''); $35,000,000 
        to improve tribal law enforcement including equipment and 
        training; $57,132,000 for policing initiatives to combat 
        methamphetamine production and trafficking and to enhance 
        policing initiatives in ``drug hot spots''; and $15,000,000 for 
        Police Corps education, training, and service under sections 
        200101-200113 of the 1994 Act: Provided, That funding agreements 
        shall include the funding for the outyear program costs of new 
        recruits;
            (2) for crime technology, $400,567,000 as follows: 
        $189,954,000 for a law enforcement technology program; 
        $20,000,000 for the COPS Interoperable Communications Technology 
        Program; $40,000,000 for grants to upgrade criminal records, as 
        authorized under the Crime Identification Technology Act of 1998 
        (42 U.S.C. 14601); $41,000,000 for DNA analysis and backlog 
        reduction of which $36,000,000 shall be used as authorized by 
        the DNA Analysis Backlog Elimination Act of 2000 (Public Law 
        106-546) and of which $5,000,000 shall be available for Paul 
        Coverdell Forensic Sciences Improvement Grants under part BB of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3797j et seq.); $40,538,000 for State and local 
        DNA laboratories as authorized by section 1001(a)(22) of the 
        1968 Act, and improvements to laboratory general forensic 
        science capacity and capabilities; and $69,075,000 for grants, 
        contracts and other assistance to States under section 102(b) of 
        the Crime Identification Technology Act of 1998 (42 U.S.C. 
        14601), of which $17,000,000 is for the National Institute of 
        Justice for grants, contracts, and other agreements to develop 
        school safety technologies and training;
            (3) for prosecution assistance, $85,000,000 as follows: 
        $45,000,000 for a national program to reduce gun violence, and 
        $40,000,000 for the Southwest Border Prosecutor Initiative to 
        reimburse State, county, parish, tribal, or municipal 
        governments only for Federal costs associated with the 
        prosecution of criminal cases declined by local United States 
        Attorneys offices;
            (4) for grants, training, technical assistance, and other 
        expenses to support community crime prevention efforts, 
        $57,107,000 as follows: $10,000,000 for Project Sentry; 
        $14,934,000 for an offender re-entry program; $15,210,000 for 
        the Safe Schools Initiative; and $16,963,000 for a police 
        integrity program; and
            (5) not to exceed $33,000,000 for program management and 
        administration.

[[Page 117 STAT. 65]]

                        juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974, as amended (``the Act''), and other juvenile justice programs, 
including salaries and expenses in connection therewith to be 
transferred to and merged with the appropriations for Justice 
Assistance, $264,306,000, to remain available until expended, as 
authorized by section 299 of part I of title II and section 506 of title 
V of the Act, as amended by Public Law 102-586, of which: (1) 
notwithstanding any other provision of law, $6,832,000 shall be 
available for expenses authorized by part A of title II of the Act, 
$83,800,000 shall be available for expenses authorized by part B of 
title II of the Act, including training and technical assistance to help 
small, non-profit organizations with the Federal grants process, and 
$89,257,000 shall be available for expenses authorized by part C of 
title II of the Act and other juvenile justice programs: Provided, That 
$26,442,000 of the amounts provided for part B of title II of the Act, 
as amended, is for the purpose of providing additional formula grants 
under part B to States that provide assurances to the Administrator that 
the State has in effect (or will have in effect no later than 1 year 
after date of application) policies and programs that ensure that 
juveniles are subject to accountability-based sanctions for every act 
for which they are adjudicated delinquent; (2) $11,974,000 shall be 
available for expenses authorized by sections 281 and 282 of part D of 
title II of the Act for prevention and treatment programs relating to 
juvenile gangs; (3) $9,978,000 shall be available for expenses 
authorized by section 285 of part E of title II of the Act; (4) 
$15,965,000 shall be available for expenses authorized by part G of 
title II of the Act for juvenile mentoring programs; and (5) $46,500,000 
shall be available for expenses authorized by title V of the Act for 
incentive grants for local delinquency prevention programs; of which 
$12,472,000 shall be for delinquency prevention, control, and system 
improvement programs for tribal youth; of which $6,500,000 shall be 
available for the Safe Schools Initiative including $5,000,000 for 
grants, contracts, and other assistance under the Project Sentry 
Initiative; and of which $25,000,000 shall be available for grants of 
$360,000 to each State and $6,640,000 shall be available for 
discretionary grants to States, for programs and activities to enforce 
State laws prohibiting the sale of alcoholic beverages to minors or the 
purchase or consumption of alcoholic beverages by minors, prevention and 
reduction of consumption of alcoholic beverages by minors, and for 
technical assistance and training: Provided further, That of amounts 
made available under the Juvenile Justice Programs of the Office of 
Justice Programs to carry out part B (relating to Federal Assistance for 
State and Local Programs), subpart II of part C (relating to Special 
Emphasis Prevention and Treatment Programs), part D (relating to Gang-
Free Schools and Communities and Community-Based Gang Intervention), 
part E (relating to State Challenge Activities), and part G (relating to 
Mentoring) of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974, and to carry out the At-Risk Children's Program 
under title V of that Act, not more than 10 percent of each such amount 
may be used for research, evaluation, and statistics activities designed 
to benefit the programs or activities authorized under the appropriate 
part or title, and not

[[Page 117 STAT. 66]]

more than 2 percent of each such amount may be used for training and 
technical assistance activities designed to benefit the programs or 
activities authorized under that part or title.
    In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by the Victims of Child Abuse Act of 1990, 
as amended, $11,000,000, to remain available until expended, as 
authorized by section 214B of the Act.

                     public safety officers benefits

    To remain available until expended, for payments authorized by part 
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized 
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and 
$4,000,000, to remain available until expended for payments as 
authorized by section 1201(b) of said Act.

                General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of not 
to exceed $45,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses in accordance with distributions, 
procedures, and regulations established by the Attorney General.
    Sec. 102. <<NOTE: Abortion.>> None of the funds appropriated by this 
title shall be available to pay for an abortion, except where the life 
of the mother would be endangered if the fetus were carried to term, or 
in the case of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.

    Sec. 103. <<NOTE: Abortion.>> None of the funds appropriated under 
this title shall be used to require any person to perform, or facilitate 
in any way the performance of, any abortion.

    Sec. 104. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 104 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 105. Notwithstanding any other provision of law, not to exceed 
$10,000,000 of the funds made available in this Act may be used to 
establish and publicize a program under which publicly advertised, 
extraordinary rewards may be paid, which shall not be subject to 
spending limitations contained in sections 3059 and 3072 of title 18, 
United States Code: Provided, That any reward of $100,000 or more, up to 
a maximum of $2,000,000, may not be made without the personal approval 
of the President or the Attorney General and such approval may not be 
delegated: Provided further, That rewards made pursuant to section 501 
of Public Law 107-56 shall not be subject to this section.
    Sec. 106. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided,

[[Page 117 STAT. 67]]

shall be increased by more than 10 percent by any such transfers: 
Provided, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 107. Section 114 of Public Law 107-77 shall remain in effect 
during fiscal year 2003.
    Sec. 108. Section 286(e) of the Immigration and Nationality Act (8 
U.S.C. 1356(e)) is amended by striking paragraph (3) and replacing it 
with the following:
            ``(3) <<NOTE: Fee.>> The Attorney General shall charge and 
        collect $3 per individual for the immigration inspection or pre-
        inspection of each commercial vessel passenger whose journey 
        originated in the United States or in any place set forth in 
        paragraph (1): Provided, That this requirement shall not apply 
        to immigration inspection at designated ports of entry of 
        passengers arriving by ferry, or by Great Lakes vessels on the 
        Great Lakes and connecting waterways when operating on a regular 
        schedule. For the purposes of this paragraph, the term `ferry' 
        means a vessel, in other than ocean or coastwise service, having 
        provisions only for deck passengers and/or vehicles, operating 
        on a short run on a frequent schedule between two points over 
        the most direct water route, and offering a public service of a 
        type normally attributed to a bridge or tunnel.''.

    Sec. 109. <<NOTE: Establishment.>> The Director of the Federal 
Bureau of Investigation shall appoint a standing advisory panel, 
reporting directly to the Director, to study, assess, and advise 
periodically on the research, development, and application of existing 
and emerging science and technology advances and other topics: Provided, 
That the panel shall not be considered to be a Federal advisory 
committee for purposes of the Federal Advisory Committee Act.

    Sec. 110. Public Law 107-273 is amended--
            (1) in section 12222(b), <<NOTE: 42 USC 5781 note.>> strike 
        ``on October 1, 2002'' and insert in lieu thereof the following: 
        ``on the effective date provided in section 12102(b)'';
            (2) in section 12223(a), <<NOTE: 42 USC 5601 note.>> strike 
        ``on the date of the enactment of this Act'' and insert in lieu 
        thereof the following: ``on the effective date provided in 
        section 12102(b)'';
            (3) in section 12223(b), by replacing ``Act'' with 
        ``subtitle'', and all the matter after ``beginning'' with ``on 
        or after the effective date provided in subsection (a).''.

    Sec. 111. <<NOTE: Establishment.>> The law enforcement training 
facility described in section 8150 of Public Law 107-248 is hereby 
established as a permanent training facility.

    Sec. 112. <<NOTE: Records. Deadline.>> The Attorney General, in 
consultation with the Secretary of Homeland Security, shall provide to 
the Committees on Appropriations by March 1, 2003 all National Security 
Entry Exit Registration System documents and materials: (1) used in the 
creation of the System, including any predecessor programs; (2) 
assessing the effectiveness of the System as a tool to enhance national 
security; (3) used to determine the scope of the System, including 
countries selected for the program, and the gender, age, and immigration 
status of the persons required to register under the program; (4) 
regarding future plans to expand the System to additional countries, age 
groups, women, and persons holding other immigration statuses not 
already covered; (5) explaining whether the Department of Justice 
consulted with other Federal

[[Page 117 STAT. 68]]

agencies in the development of the System, and if so, all documents and 
materials relating to those consultations; (6) concerning policy 
directives or guidance issued to officials about implementation of the 
System, including the role of the Federal Bureau of Investigation in 
conducting national security background checks of registrants; (7) 
explaining why certain Immigration and Naturalization Service District 
Offices detained persons with pending status-adjustment applications; 
and (8) explaining how information gathered during interviews of 
registrants will be stored, used, or transmitted to other Federal, 
State, or local agencies.

    This title may be cited as the ``Department of Justice 
Appropriations Act, 2003''.

TITLE <<NOTE: Department of Commerce and Related Agencies Appropriations 
Act, 2003.>> II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            Related Agencies

            Office of the United States Trade Representative

                          salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$34,999,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $98,000 shall be available for official 
reception and representation expenses.

                     International Trade Commission

                          salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $54,000,000, to remain available until 
expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel and 
transportation of employees of the United States and Foreign Commercial 
Service between two points abroad, without regard to 49 U.S.C. 1517; 
employment of Americans and aliens by contract for services; rental of 
space abroad for periods not exceeding 10 years, and expenses of 
alteration, repair,

[[Page 117 STAT. 69]]

or improvement; purchase or construction of temporary demountable 
exhibition structures for use abroad; payment of tort claims, in the 
manner authorized in the first paragraph of 28 U.S.C. 2672 when such 
claims arise in foreign countries; not to exceed $327,000 for official 
representation expenses abroad; purchase of passenger motor vehicles for 
official use abroad, not to exceed $30,000 per vehicle; obtaining 
insurance on official motor vehicles; and rental of tie lines, 
$370,192,000, to remain available until expended, of which $8,000,000 is 
to be derived from fees to be retained and used by the International 
Trade Administration, notwithstanding 31 U.S.C. 3302: Provided, That 
$67,669,000 shall be for Trade Development, $31,204,000 shall be for 
Market Access and Compliance, $44,229,000 shall be for the Import 
Administration, $202,040,000 shall be for the United States and Foreign 
Commercial Service, and $25,050,000 shall be for Executive Direction and 
Administration: Provided further, <<NOTE: Applicability.>> That the 
provisions of the first sentence of section 105(f) and all of section 
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities 
without regard to section 5412 of the Omnibus Trade and Competitiveness 
Act of 1988 (15 U.S.C. 4912); and that for the purpose of this Act, 
contributions under the provisions of the Mutual Educational and 
Cultural Exchange Act shall include payment for assessments for services 
provided as part of these activities.

                     Bureau of Industry and Security

                      operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed overseas; 
employment of Americans and aliens by contract for services abroad; 
payment of tort claims, in the manner authorized in the first paragraph 
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to 
exceed $15,000 for official representation expenses abroad; awards of 
compensation to informers under the Export Administration Act of 1979, 
and as authorized by 22 U.S.C. 401(b); purchase of passenger motor 
vehicles for official use and motor vehicles for law enforcement use 
with special requirement vehicles eligible for purchase without regard 
to any price limitation otherwise established by law, $74,653,000, to 
remain available until September 30, 2004, of which $7,250,000 shall be 
for inspections and other activities related to national security: 
Provided, <<NOTE: Applicability.>> That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities: Provided further, 
That payments and contributions collected and accepted for materials or 
services provided as part of such activities may be retained for use in 
covering the cost of such activities, and for providing information to 
the public with respect to the export administration and national 
security activities of the Department of Commerce and other export 
control programs of the United States and other governments.

[[Page 117 STAT. 70]]

                   Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, as amended, and for 
trade adjustment assistance, $290,000,000, to remain available until 
expended.

                          salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $30,765,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title I 
of the Public Works Employment Act of 1976, as amended, title II of the 
Trade Act of 1974, as amended, and the Community Emergency Drought 
Relief Act of 1977.

                  Minority Business Development Agency

                      minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $28,906,000.

                 Economic and Information Infrastructure

                    Economic and Statistical Analysis

                          salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$72,158,000, to remain available until September 30, 2004.

                          Bureau of the Census

                          salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, $183,000,000.

                     periodic censuses and programs

    For necessary expenses related to the 2000 decennial census, 
$41,893,000, to remain available until expended: Provided, That, of the 
total amount available related to the 2000 decennial census ($41,893,000 
in new appropriations and $41,817,000 in deobligated balances from prior 
years), $3,461,000 is for Program Development and Management; 
$42,651,000 is for Data Content and Products; $4,630,000 is for Field 
Data Collection and Support Systems; $12,826,000 is for Automated Data 
Processing and Telecommunications Support; $16,333,000 is for Testing 
and Evaluation; $2,472,000 is for activities related to Puerto Rico, the 
Virgin Islands and Pacific Areas; and $1,337,000 is for Marketing, 
Communications and Partnership activities.

[[Page 117 STAT. 71]]

    In addition, for expenses related to planning, testing, and 
implementing the 2010 decennial census, $146,306,000.
    In addition, for expenses to collect and publish statistics for 
other periodic censuses and programs provided for by law, $183,283,000, 
to remain available until expended: Provided, <<NOTE: Reports.>> That 
regarding engineering and design of a facility at the Suitland Federal 
Center, quarterly reports regarding the expenditure of funds and project 
planning, design and cost decisions shall be provided by the Bureau, in 
cooperation with the General Services Administration, to the Committees 
on Appropriations of the Senate and the House of Representatives: 
Provided further, That none of the funds provided in this Act or any 
other Act under the heading ``Bureau of the Census, Periodic Censuses 
and Programs'' shall be used to fund the construction and tenant build-
out costs of a facility at the Suitland Federal Center.

       National Telecommunications and Information Administration

                          salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $14,700,000, 
to remain available until expended: Provided, That, notwithstanding 31 
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies 
for costs incurred in spectrum management, analysis, and operations, and 
related services and such fees shall be retained and used as offsetting 
collections for costs of such spectrum services, to remain available 
until expended: Provided further, <<NOTE: 47 USC 903 note.>> That 
hereafter, notwithstanding any other provision of law, NTIA shall not 
authorize spectrum use or provide any spectrum functions pursuant to the 
National Telecommunications and Information Administration Organization 
Act, 47 U.S.C. 902-903, to any Federal entity without reimbursement as 
required by NTIA for such spectrum management costs, and Federal 
entities withholding payment of such cost shall not use spectrum: 
Provided further, That the Secretary of Commerce is authorized to retain 
and use as offsetting collections all funds transferred, or previously 
transferred, from other Government agencies for all costs incurred in 
telecommunications research, engineering, and related activities by the 
Institute for Telecommunication Sciences of NTIA, in furtherance of its 
assigned functions under this paragraph, and such funds received from 
other Government agencies shall remain available until expended.

     public telecommunications facilities, planning and construction

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $43,556,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $2,478,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That, 
notwithstanding the provisions of section 391 of the Act, the prior year 
unobligated balances may be made available for grants for projects for 
which applications have been submitted and approved during any fiscal 
year.

[[Page 117 STAT. 72]]

                    information infrastructure grants

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $15,503,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $3,097,000 shall be available for program administration and 
other support activities as authorized by section 391: Provided further, 
That, of the funds appropriated herein, not to exceed 5 percent may be 
available for telecommunications research activities for projects 
related directly to the development of a national information 
infrastructure: Provided further, That, notwithstanding the requirements 
of sections 392(a) and 392(c) of the Act, these funds may be used for 
the planning and construction of telecommunications networks for the 
provision of educational, cultural, health care, public information, 
public safety, or other social services: Provided further, That, 
notwithstanding any other provision of law, no entity that receives 
telecommunications services at preferential rates under section 254(h) 
of the Act (47 U.S.C. 254(h)) or receives assistance under the regional 
information sharing systems grant program of the Department of Justice 
under part M of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796h) may use funds under a grant under this 
heading to cover any costs of the entity that would otherwise be covered 
by such preferential rates or such assistance, as the case may be.

                United States Patent and Trademark Office

                          salaries and expenses

    For necessary expenses of the United States Patent and Trademark 
Office provided for by law, including defense of suits instituted 
against the Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office, 
$1,015,229,000, to remain available until expended, which amount shall 
be derived from offsetting collections assessed and collected pursuant 
to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained and 
used for necessary expenses in this appropriation: Provided, That the 
sum herein appropriated from the general fund shall be reduced as such 
offsetting collections are received during fiscal year 2003, so as to 
result in a fiscal year 2003 appropriation from the general fund 
estimated at $0: Provided further, That during fiscal year 2003, should 
the total amount of offsetting fee collections be less than 
$1,015,229,000, the total amounts available to the United States Patent 
and Trademark Office shall be reduced accordingly: Provided further, 
That an additional amount not to exceed $166,771,000 from fees collected 
in prior fiscal years shall be available for obligation in fiscal year 
2003, to remain available until expended: Provided further, That from 
amounts provided herein, not to exceed $1,000 shall be made available in 
fiscal year 2003 for official reception and representation expenses.

[[Page 117 STAT. 73]]

                         SCIENCE AND TECHNOLOGY

                        Technology Administration

                          salaries and expenses

    For necessary expenses for the Under Secretary for Technology/Office 
of Technology Policy, $9,886,000.

             National Institute of Standards and Technology

             Scientific and Technical Research and Services

    For necessary expenses of the National Institute of Standards and 
Technology, $359,411,000, to remain available until expended, of which 
not to exceed $282,000 may be transferred to the ``Working Capital 
Fund''.

                     industrial technology services

    For necessary expenses of the Manufacturing Extension Partnership of 
the National Institute of Standards and Technology, $106,623,000, to 
remain available until expended: Provided, That hereafter <<NOTE: 15 USC 
278k note.>> the Secretary of Commerce is authorized to enter into 
agreements with one or more nonprofit organizations for the purpose of 
carrying out collective research and development initiatives pertaining 
to 15 U.S.C. 278k paragraph (a), and is authorized to seek and accept 
contributions from public and private sources to support these efforts 
as necessary.

    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$180,000,000, to remain available until expended, of which $60,700,000 
shall be expended for the award of new grants before October 1, 2003.

                   construction of research facilities

    For construction of new research facilities, including architectural 
and engineering design, and for renovation and maintenance of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by 15 U.S.C. 278c-278e, 
$66,100,000, to remain available until expended.

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                      (including transfer of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft; grants, contracts, or other payments to 
nonprofit organizations for the purposes of conducting activities 
pursuant to cooperative agreements; and relocation of facilities as 
authorized, $2,313,519,000, to remain available until September 30, 
2004: Provided, That fees and donations received by the National Ocean 
Service for the management of the national marine sanctuaries may be 
retained and used for

[[Page 117 STAT. 74]]

the salaries and expenses associated with those activities, 
notwithstanding 31 U.S.C. 3302: Provided further, That, in addition, 
$65,000,000 shall be derived by transfer from the fund entitled 
``Promote and Develop Fishery Products and Research Pertaining to 
American Fisheries'': Provided further, That grants to States pursuant 
to sections 306 and 306A of the Coastal Zone Management Act of 1972, as 
amended, shall not exceed $2,000,000, unless funds provided for 
``Coastal Zone Management Grants'' exceed funds provided in the previous 
fiscal year: Provided further, That if funds provided for ``Coastal Zone 
Management Grants'' exceed funds provided in the previous fiscal year, 
then no State shall receive more than 5 percent or less than 1 percent 
of the additional funds: Provided further, That, of the $2,395,519,000 
provided for in direct obligations under this heading (of which 
$2,313,519,000 is appropriated from the General Fund, $65,000,000 is 
provided by transfer, and $17,000,000 is derived from deobligations from 
prior years), $417,933,000 shall be for the National Ocean Service, 
$580,066,000 shall be for the National Marine Fisheries Service, 
$374,740,000 shall be for Oceanic and Atmospheric Research, $698,767,000 
shall be for the National Weather Service, $150,616,000 shall be for the 
National Environmental Satellite, Data, and Information Service, and 
$173,397,000 shall be for Program Support: Provided further, That, of 
the amount provided under this heading, $273,022,000 shall be for the 
conservation activities defined in section 250(c)(4)(K) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That no general administrative charge shall be applied against 
an assigned activity included in this Act and, further, that any direct 
administrative expenses applied against an assigned activity shall be 
limited to 5 percent of the funds provided for that assigned activity so 
that total National Oceanic and Atmospheric Administration 
administrative expenses shall not exceed $243,000,000: Provided further, 
That any use of deobligated balances of funds provided under this 
heading in previous years shall be subject to the procedures set forth 
in section 605 of this Act: Provided further, <<NOTE: Government 
organization. Deadline.>> That the Secretary of Commerce will designate 
a National Marine Fisheries Service Regional Office for the Pacific Area 
within 60 days of enactment of this Act: Provided further, That the 
existing National Marine Fisheries Service Southwest Region and 
Fisheries Science Center and Northwest Region and Fisheries Science 
Center shall not be merged or reorganized to form the new National 
Marine Fisheries Service Pacific Area Regional Office, that the current 
structure, organization, function, and funding of the Southwest and 
Northwest Centers will not be changed except for funds that are already 
dedicated to the Hawaiian Islands, and that each regional organization 
will have the lead responsibility for its own programs: Provided 
further, That the Secretary of Commerce may enter into cooperative 
agreements with the Joint and Cooperative Institutes as designated by 
the Secretary to use the personnel, services, or facilities of such 
organizations for research, education, training, and outreach.

    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as 
may be necessary.

[[Page 117 STAT. 75]]

                procurement, acquisition and construction

                     (including transfers of funds)

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic and 
Atmospheric Administration, $759,030,000, to remain available until 
March 1, 2006, except for funds appropriated for the National Marine 
Fisheries Service Honolulu Laboratory and for the National Environmental 
Satellites, Data, and Information Service, which shall remain available 
until expended: Provided, That unexpended balances of amounts previously 
made available in the ``Operations, Research, and Facilities'' account 
for activities funded under this heading may be transferred to and 
merged with this account, to remain available until expended for the 
purposes for which the funds were originally appropriated: Provided 
further, That of the amounts provided for the National Polar-orbiting 
Operational Environmental Satellite System, funds shall only be made 
available on a dollar for dollar matching basis with funds provided for 
the same purpose by the Department of Defense: Provided further, That of 
the amount provided under this heading for expenses necessary to carry 
out conservation activities defined in section 250(c)(4)(E) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
including funds for the Coastal and Estuarine Land Conservation Program, 
$76,179,000, to remain available until expended: Provided 
further, <<NOTE: 16 USC 1456d note.>> That the Secretary shall establish 
a Coastal and Estuarine Land Conservation Program, for the purpose of 
protecting important coastal and estuarine areas that have significant 
conservation, recreation, ecological, historical, or aesthetic values, 
or that are threatened by conversion from their natural or recreational 
state to other uses: Provided further, That none of the funds provided 
in this Act or any other Act under the heading ``National Oceanic and 
Atmospheric Administration, Procurement, Acquisition and Construction'' 
shall be used to fund the General Services Administration's standard 
construction and tenant build-out costs of a facility at the Suitland 
Federal Center.

                     pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations and the implementation of the 1999 Pacific Salmon 
Treaty Agreement between the United States and Canada, $90,000,000: 
Provided, That this amount shall be for the conservation activities 
defined in section 250(c)(4)(E) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.
    In addition, for a final payment pursuant to the 1999 Pacific Salmon 
Treaty Agreement, $40,000,000, of which $25,000,000 shall be deposited 
in the Northern Boundary and Transboundary Rivers Restoration and 
Enhancement Fund, and of which $15,000,000 shall be deposited in the 
Southern Boundary Restoration and Enhancement Fund: Provided, That this 
amount shall be for the conservation activities defined in section 
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended.

[[Page 117 STAT. 76]]

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $1,000, to be derived from receipts collected pursuant to 
that Act, to remain available until expended.

                      foreign fishing observer fund

    For expenses necessary to carry out the provisions of the Atlantic 
Tunas Convention Act of 1975, as amended (Public Law 96-339), the 
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as 
amended (Public Law 100-627), the American Fisheries Promotion Act 
(Public Law 96-561) and the International Dolphin Conservation Program 
Act (Public Law 105-42), to be derived from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to exceed 
$1,000, to remain available until expended.

                    fisheries finance program account

    For the cost of direct loans, $287,000, as authorized by the 
Merchant Marine Act of 1936, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $5,000,000 for Individual 
Fishing Quota loans, and not to exceed $59,000,000 for Traditional 
direct loans, of which not less than $40,000,000 may be used for direct 
loans to the United States distant water tuna fleet: Provided further, 
That none of the funds made available under this heading may be used for 
direct loans for any new fishing vessel that will increase the 
harvesting capacity in any United States fishery.

                         Departmental Management

                          salaries and expenses

    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$5,000 for official entertainment, $44,954,000.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504), 
$20,635,000.

               General Provisions--Department of Commerce

    Sec. 201. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act shall 
be available for the activities specified in the Act of October 26, 1949 
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, 
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments 
not otherwise authorized only upon the certification of officials 
designated by the Secretary of Commerce that such payments are in the 
public interest.

[[Page 117 STAT. 77]]

    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. Hereafter none of the funds made available by this Act may 
be used to support the hurricane reconnaissance aircraft and activities 
that are under the control of the United States Air Force or the United 
States Air Force Reserve.
    Sec. 204. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall be 
treated as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, <<NOTE: Notification.>> That the Secretary shall notify the 
Committees on Appropriations at least 15 days in advance of the 
acquisition or disposal of any capital asset (including land, 
structures, and equipment) not specifically provided for in this or any 
other Commerce, Justice, State Appropriations Act.

    Sec. 205. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to funding 
reductions included in this title or from actions taken for the care and 
protection of loan collateral or grant property shall be absorbed within 
the total budgetary resources available to such department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 206. <<NOTE: 33 USC 883l.>> Hereafter the Secretary of Commerce 
may award contracts for hydrographic, geodetic, and photogrammetric 
surveying and mapping services in accordance with title IX of the 
Federal Property and Administrative Services Act of 1949.

    Sec. 207. The Secretary of Commerce may use the Commerce franchise 
fund for expenses and equipment necessary for the maintenance and 
operation of such administrative services as the Secretary determines 
may be performed more advantageously as central services, pursuant to 
section 403 of Public Law 103-356: Provided, That any inventories, 
equipment, and other assets pertaining to the services to be provided by 
such fund, either on hand or on order, less the related liabilities or 
unpaid obligations, and any appropriations made for the purpose of 
providing capital shall be used to capitalize such fund: Provided 
further, That such fund shall be paid in advance from funds available to 
the Department and other Federal agencies for which such centralized 
services are performed, at rates which will return in full all expenses 
of operation, including accrued leave, depreciation of fund plant and 
equipment, amortization of automated data processing (ADP) software and 
systems (either acquired or donated), and an amount

[[Page 117 STAT. 78]]

necessary to maintain a reasonable operating reserve, as determined by 
the Secretary: Provided further, That such fund shall provide services 
on a competitive basis: Provided further, <<NOTE: 31 USC 501 
note.>> That an amount not to exceed 4 percent of the total annual 
income to such fund may be retained in the fund for fiscal year 2003 and 
each fiscal year thereafter, to remain available until expended, to be 
used for the acquisition of capital equipment, and for the improvement 
and implementation of department financial management, ADP, and other 
support systems: Provided further, That such amounts retained in the 
fund for fiscal year 2003 and each fiscal year thereafter shall be 
available for obligation and expenditure only in accordance with section 
605 of this Act: Provided further, <<NOTE: Deadline.>> That no later 
than 30 days after the end of each fiscal year, amounts in excess of 
this reserve limitation shall be deposited as miscellaneous receipts in 
the Treasury: <<NOTE: Termination date.>> Provided further, That such 
franchise fund pilot program shall terminate pursuant to section 403(f) 
of Public Law 103-356.

    Sec. 208. Notwithstanding any other provision of law, of the amounts 
made available elsewhere in this title to the ``National Institute of 
Standards and Technology, Construction of Research Facilities'', 
$14,000,000 is appropriated to fund a cooperative agreement with the 
Medical University of South Carolina, $6,000,000 is appropriated to the 
Thayer School of Engineering for the nanocrystalline materials and 
biomass research initiative, $3,000,000 is appropriated to the Institute 
for Information Infrastructure Protection at the Institute for Security 
Technology Studies, $4,000,000 is appropriated for the Institute for 
Politics, and $1,260,000 is appropriated to the Franklin Pierce Manse.
    Sec. 209. <<NOTE: Alaska. Grants.>> Of the amount available from the 
fund entitled ``Promote and Develop Fishery Products and Research 
Pertaining to American Fisheries'', $10,000,000 shall be provided to 
develop an Alaska seafood marketing 
program. <<NOTE: Establishment.>> Such amount shall be made available as 
a direct lump sum payment to the Alaska Fisheries Marketing Board 
(hereinafter ``Board'') which is hereby established to award grants to 
market, develop, and promote Alaska seafood and improve related 
technology and transportation with emphasis on wild salmon, of which 20 
percent shall be transferred to the Alaska Seafood Marketing Institute. 
The Board shall be appointed by the Secretary of Commerce and shall be 
administered by an Executive Director to be appointed by the 
Secretary. <<NOTE: Reports.>> The Board shall submit an annual report to 
the Secretary detailing the expenditures of the board.

    Sec. 210. <<NOTE: 22 USC 2122 note.>> (a) The Secretary of Commerce 
is authorized to award grants and make direct lump sum payments in 
support of an international advertising and promotional campaign 
developed in consultation with the private sector to encourage 
individuals to travel to the United States consisting of radio, 
television, and print advertising and marketing programs.

    (b) <<NOTE: Establishment.>> The United States Travel and Tourism 
Promotion Advisory Board (hereinafter ``Board'') is established to 
recommend the appropriate coordinated activities to the Secretary for 
funding.

    (c) The Secretary shall appoint the Board within 30 days of 
enactment and shall include tourism-related entities he deems 
appropriate.
    (d) The Secretary shall consult with the Board and State and 
regional tourism officials on the disbursement of funds.

[[Page 117 STAT. 79]]

    (e) There is authorized to be appropriated $50,000,000, to remain 
available until expended, and $50,000,000 is appropriated to implement 
this section.
    Sec. 211. <<NOTE: Ships and shipping.>> From funds made available 
from the ``Operations and Training'' account, not more than $50,000 
shall be made available to the Maritime Administration for 
administrative expenses to oversee the implementation of this section 
for the purpose of recovering economic and national security benefits to 
the United States following the default under the construction contract 
described in section 8109 of the Department of Defense Appropriations 
Act for Fiscal Year 1998 (Public Law 105-56): Provided, That the owner 
of any ship documented under the authority of this section shall offset 
such appropriation through the payment of fees to the Maritime 
Administration not to exceed the appropriation and that such fees be 
deposited as an offsetting collection to this appropriation: Provided 
further, That notwithstanding any other provision of law, one or both 
ships originally contracted under section 8109 of Public Law 105-56 may 
be constructed to completion in a shipyard located outside of the United 
States and the owner thereof (or a related person with respect to that 
owner) may document 1 or both ships under United States flag with a 
coastwise endorsement, and notwithstanding any other provision of law, 
and not later than 2 years after entry into service of the first ship 
contracted for under section 8109 of Public Law 105-56, that owner (or a 
related person with respect to that owner) may re-document under United 
States flag with a coastwise endorsement 1 additional foreign-built 
cruise ship: Provided further, That: (1) the owner of any cruise ship 
documented under the authority of this section is a citizen of the 
United States within the meaning of 46 U.S.C. 12102(a), (2) the foreign-
built cruise ship re-documented under the authority of this section 
meets the eligibility requirements for a certificate of inspection under 
section 1137(a) of Public Law 104-324 and applicable international 
agreements and guidelines referred to in section 1137(a)(2) thereof and 
the 1992 Amendments to the Safety of Life at Sea Convention of 1974, and 
that with respect to the re-documented foreign-built cruise ship, any 
repair, maintenance, alteration, or other preparation necessary to meet 
such requirements be performed in a United States shipyard, (3) any non-
warranty repair, maintenance, or alteration work performed on any ship 
documented under the authority of this section shall be performed in a 
United States shipyard unless the Administrator of the Maritime 
Administration finds that such services are not available in the United 
States or if an emergency dictates that the ship proceed to a foreign 
port for such work, (4) any ship documented under the authority of this 
section shall operate in regular service transporting passengers between 
or among the islands of Hawaii and shall not transport passengers in 
revenue service to ports in Alaska, the Gulf of Mexico, or the Caribbean 
Sea, except as part of a voyage to or from a shipyard for ship 
construction, repair, maintenance, or alteration work, (5) no person, 
nor any ship operating between or among the islands of Hawaii, shall be 
entitled to the preference contained in the second proviso of section 
8109 of Public Law 105-56, and (6) no cruise ship operating in coastwise 
trade under the authority of this section or constructed under the 
authority of this section shall be eligible for a guarantee of financing 
under title XI of the Merchant Marine Act 1936: Provided further, That 
any cruise ship to be documented

[[Page 117 STAT. 80]]

under the authority of this section shall be immediately eligible before 
documentation of the vessel for the approval contained in section 
1136(b) of Public Law 104-324: Provided further, That for purposes of 
this section the term ``cruise ship'' means a vessel that is at least 
60,000 gross tons and not more than 120,000 gross tons (as measured 
under chapter 143 of title 46, United States Code) and has berth or 
stateroom accommodations for at least 1,600 passengers, the term ``one 
or both ships'' means collectively the partially completed hull and 
related components, equipment, and parts of whatever kind acquired 
pursuant to the construction contract described in section 8109 of 
Public Law 105-56 and intended to be incorporated into the ships 
constructed thereto, the term ``related person'' means with respect to a 
person: a holding company, subsidiary, or affiliate of such person 
meeting the citizenship requirements of section 12102(a) of title 46, 
United States Code, and the term ``regular service'' means the primary 
service in which the ship is engaged on an annual basis.

    Sec. 212. <<NOTE: Fish and fishing. Deadline. Federal Register, 
publication. Applicability. State listing.>> (a) The Secretary of 
Commerce shall implement a fishing capacity reduction program for the 
West Coast groundfish fishery pursuant to section 212 of Public Law 107-
206 and 16 U.S.C. 1861a (b)-(e); except that the program may apply to 
multiple fisheries; except that within 90 days after the date of 
enactment of this Act, the Secretary shall publish a public notice in 
the Federal Register and issue an invitation to bid for reduction 
payments that specifies the contractual terms and conditions under which 
bids shall he made and accepted under this section; except that section 
144(d)(1)(K)(3) of title I, division B of Public Law 106-554 shall apply 
to the program implemented by this section.

    (b) A reduction fishery is eligible for capacity reduction under the 
program implemented under this section; except that no vessel harvesting 
and processing whiting in the catcher-processors sector (section 19 
660.323(a)(4)(A) of title 50, Code of Federal Regulations) may 
participate in any capacity reduction referendum or industry fee 
established under this section.
    (c) A referendum on the industry fee system shall occur after bids 
have been submitted, and such bids have been accepted by the Secretary, 
as follows: members of the reduction fishery, and persons who have been 
issued Washington, Oregon, or California Dungeness crab and Pink shrimp 
permits, shall be eligible to vote in the referendum to approve an 
industry fee system; referendum votes cast in each fishery shall be 
weighted in proportion to the debt obligation of each fishery, as 
calculated in subsection (f) of this section; the industry fee system 
shall be approved if the referendum votes cast in favor of the proposed 
system constitute a simple majority of the participants voting; except 
that notwithstanding 5 U.S.C. 553 and 16 U.S.C. 1861a(e), the Secretary 
shall not prepare or publish proposed or final regulations for the 
implementation of the program under this section before the referendum 
is conducted.
    (d) Nothing in this section shall be construed to prohibit the 
Pacific Fishery Management Council from recommending, or the Secretary 
from approving, changes to any fishery management plan, in accordance 
with applicable law; or the Secretary from promulgating regulations 
(including regulations governing this program), after an industry fee 
system has been approved by the reduction fishery.

[[Page 117 STAT. 81]]

    (e) The Secretary shall determine, and state in the public notice 
published under paragraph (a), all program implementation aspects the 
Secretary deems relevant.
    (f) Any bid submitted in response to the invitation to bid issued by 
the Secretary under this section shall be irrevocable; the Secretary 
shall use a bid acceptance procedure that ranks each bid in accordance 
with this paragraph and with additional criteria, if any, established by 
the Secretary: for each bid from a qualified bidder that meets the 
bidding requirements in the public notice or the invitation to bid, the 
Secretary shall determine a bid score by dividing the bid's dollar 
amount by the average annual total ex-vessel dollar value of landings of 
Pacific groundfish, Dungeness crab, and Pink shrimp based on the 3 
highest total annual revenues earned from such stocks that the bidder's 
reduction vessel landed during 1998, 1999, 2000, or 2001. For purposes 
of this paragraph, the term ``total annual revenue'' means the revenue 
earned in a single year from such stocks. The Secretary shall accept 
each qualified bid in rank order of bid score from the lowest to the 
highest until acceptance of the next qualified bid with the next lowest 
bid score would cause the reduction cost to exceed the reduction loan's 
maximum amount. Acceptance of a bid by the Secretary shall create a 
binding reduction contract between the United States and the person 
whose bid is accepted, the performance of which shall be subject only to 
the conclusion of a successful referendum, except that a person whose 
bid is accepted by the Secretary under this section shall relinquish all 
permits in the reduction fishery and any Dungeness crab and Pink shrimp 
permits issued by Washington, Oregon, or California; except that the 
Secretary shall revoke the Pacific groundfish permit, as well as all 
Federal fishery licenses, fishery permits, area, and species 
endorsements, and any other fishery privileges issued to a vessel or 
vessels (or to persons on the basis of their operation or ownership of 
that vessel or vessels) removed under the program.
    (g) The Secretary shall establish separate reduction loan sub-
amounts and repayment fees for fish sellers in the reduction fishery and 
for fish sellers in each of the fee-share fisheries by dividing the 
total ex-vessel dollar value during the bid scoring period of all 
reduction vessel landings from the reduction fishery and from each of 
the fee-share fisheries by the total such value of all such landings for 
all such fisheries; and multiplying the reduction loan amount by each of 
the quotients resulting from each of the divisions above. Each of the 
resulting products shall be the reduction loan sub-amount for the 
reduction fishery and for each of the fee-share fisheries to which each 
of such products pertains; except that, each fish seller in the 
reduction fishery and in each of the fee-share fisheries shall pay the 
fees required by the reduction loan sub-amounts allocated to it under 
this paragraph; except that, the Secretary may enter into agreements 
with Washington, Oregon, and California to collect any fees established 
under this paragraph.
    (h) Notwithstanding 46 U.S.C. App. 1279(b)(4), the reduction loan's 
term shall not be less than 30 years.
    (i) It is the sense of the Congress that the States of Washington, 
Oregon, and California should revoke all relinquishment permits in each 
of the fee-share fisheries immediately after reduction payment, and 
otherwise to implement appropriate State fisheries management and 
conservation provisions in each of the fee-share fisheries that 
establishes a program that meets the requirements

[[Page 117 STAT. 82]]

of 16 U.S.C. 141861a(b)(1)(B) as if it were applicable to fee-share 
fisheries.
    (j) The term ``fee-share fishery'' means a fishery, other than the 
reduction fishery, whose members are eligible to vote in a referendum 
for an industry fee system under paragraph (c). The term ``reduction 
fishery'' means that portion of a fishery holding limited entry fishing 
permits endorsed for the operation of trawl gear and issued under the 
Federal Pacific Coast Groundfish Fishery Management Plan.
    Sec. 213. (a) The National Oceanic and Atmospheric Administration is 
authorized to enter into a lease arrangement whereby the National 
Oceanic and Atmospheric Administration will relocate the National 
Weather Service Forecasting Office in Galveston County, League City, 
Texas to a Galveston County facility and, in exchange, Galveston County 
may use the existing National Oceanic and Atmospheric Administration 
National Weather Service Forecasting Office.
    (b) Neither the National Oceanic and Atmospheric Administration 
National Weather Service nor Galveston County will charge the other rent 
for use of the space and each will be responsible for the operation, 
maintenance and renovation costs it incurs.
    Sec. 214. <<NOTE: 2 USC 900 note.>> (a) Hereafter, habitat 
conservation activities, enforcement and surveillance--cooperative 
enforcement and vessel monitoring, stock assessments--data collection, 
and highly migratory shark fishery research under the heading, 
``National Oceanic and Atmospheric Administration, Operations, Research 
and Facilities'', shall be considered to be within the ``Coastal 
Assistance sub-category'' in section 250(c)(4)(K) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

    (b) For fiscal year 2004 and thereafter, response and restoration 
activities, Cooperative Research, Protected Species activities, 
Endangered Species Act--Marine Mammals, Sea Turtles and Other Species, 
Endangered Species Act--Right Whales, Marine Mammal Protection, and Sea 
Grant (except for the fellowship program) under the heading, ``National 
Oceanic and Atmospheric Administration, Operations, Research, and 
Facilities'', shall be considered to be within the ``Coastal Assistance 
sub-category'' in section 250(c)(4)(K) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.
    (c) All references to outlays in title VIII of Public Law 106-291 
are repealed.
    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 2003''.

TITLE <<NOTE: Judiciary Appropriations Act, 2003.>> III--THE JUDICIARY

                   Supreme Court of the United States

                          salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses;

[[Page 117 STAT. 83]]

and for miscellaneous expenses, to be expended as the Chief Justice may 
approve, $45,743,000.

                    care of the building and grounds

    For such expenditures as may be necessary to enable the Architect of 
the Capitol to carry out the duties imposed upon the Architect as 
authorized by law, $41,626,000, which shall remain available until 
expended.

         United States Court of Appeals for the Federal Circuit

                          salaries and expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $20,313,000.

               United States Court of International Trade

                          salaries and expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services, and necessary expenses of 
the court, as authorized by law, $13,687,000.

     Courts of Appeals, District Courts, and Other Judicial Services

                          salaries and expenses

    For the salaries of circuit and district judges (including judges of 
the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the United 
States Court of Federal Claims, bankruptcy judges, magistrate judges, 
and all other officers and employees of the Federal Judiciary not 
otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $3,800,000,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $2,784,000, to be appropriated 
from the Vaccine Injury Compensation Trust Fund.

                            defender services

    For the operation of Federal Public Defender and Community Defender 
organizations; the compensation and reimbursement of expenses of 
attorneys appointed to represent persons under the Criminal Justice Act 
of 1964, as amended; the compensation and reimbursement of expenses of 
persons furnishing investigative, expert and other services under the 
Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in 
accordance with Criminal Justice Act maximums) and reimbursement of 
expenses of attorneys appointed to assist the court in criminal cases 
where the defendant has waived representation by counsel; the 
compensation and

[[Page 117 STAT. 84]]

reimbursement of travel expenses of guardians ad litem acting on behalf 
of financially eligible minor or incompetent offenders in connection 
with transfers from the United States to foreign countries with which 
the United States has a treaty for the execution of penal sentences; the 
compensation of attorneys appointed to represent jurors in civil actions 
for the protection of their employment, as authorized by 28 U.S.C. 
1875(d); and for necessary training and general administrative expenses, 
$538,461,000, to remain available until expended.

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)), $54,636,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 
section 5332 of title 5, United States Code.

                             court security

    For necessary expenses, not otherwise provided for, incident to 
providing protective guard services for United States courthouses and 
the procurement, installation, and maintenance of security equipment for 
United States courthouses and other facilities housing Federal court 
operations, including building ingress-egress control, inspection of 
mail and packages, directed security patrols, and other similar 
activities as authorized by section 1010 of the Judicial Improvement and 
Access to Justice Act (Public Law 100-702), $268,400,000, of which not 
to exceed $10,000,000 shall remain available until expended, to be 
expended directly or transferred to the United States Marshals Service, 
which shall be responsible for administering the Judicial Facility 
Security Program consistent with standards or guidelines agreed to by 
the Director of the Administrative Office of the United States Courts 
and the Attorney General.

            Administrative Office of the United States Courts

                          salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 31 
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $63,500,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                         Federal Judicial Center

                          salaries and expenses

    For necessary expenses of the Federal Judicial Center, as authorized 
by Public Law 90-219, $20,856,000; of which $1,800,000 shall remain 
available through September 30, 2004, to provide

[[Page 117 STAT. 85]]

education and training to Federal court personnel; and of which not to 
exceed $1,000 is authorized for official reception and representation 
expenses.

                        Judicial Retirement Funds

                    payment to judiciary trust funds

    For payment to the Judicial Officers' Retirement Fund, as authorized 
by 28 U.S.C. 377(o), $27,700,000; to the Judicial Survivors' Annuities 
Fund, as authorized by 28 U.S.C. 376(c), $5,200,000; and to the United 
States Court of Federal Claims Judges' Retirement Fund, as authorized by 
28 U.S.C. 178(l), $2,400,000.

                   United States Sentencing Commission

                          salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $12,090,000, of which not 
to exceed $1,000 is authorized for official reception and representation 
expenses.

                    General Provisions--The Judiciary

    Sec. 301. Appropriations and authorizations made in this title which 
are available for salaries and expenses shall be available for services 
as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for district courts, courts of appeals, and 
other judicial services shall be available for official reception and 
representation expenses of the Judicial Conference of the United States: 
Provided, That such available funds shall not exceed $11,000 and shall 
be administered by the Director of the Administrative Office of the 
United States Courts in the capacity as Secretary of the Judicial 
Conference.
    This title may be cited as the ``Judiciary Appropriations Act, 
2003''.

[[Page 117 STAT. 86]]

TITLE <<NOTE: Department of State and Related Agency Appropriations Act, 
2003.>> IV--DEPARTMENT OF STATE AND RELATED AGENCY

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

                    diplomatic and consular programs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including employment, without regard 
to civil service and classification laws, of persons on a temporary 
basis (not to exceed $700,000 of this appropriation), as authorized by 
section 801 of the United States Information and Educational Exchange 
Act of 1948, as amended; representation to certain international 
organizations in which the United States participates pursuant to 
treaties ratified pursuant to the advice and consent of the Senate or 
specific Acts of Congress; arms control, nonproliferation and 
disarmament activities as authorized; acquisition by exchange or 
purchase of passenger motor vehicles as authorized by law; and for 
expenses of general administration, $3,269,258,000: Provided, That, of 
the amount made available under this heading, not to exceed $4,000,000 
may be transferred to, and merged with, funds in the ``Emergencies in 
the Diplomatic and Consular Service'' appropriations account, to be 
available only for emergency evacuations and terrorism rewards: Provided 
further, That, of the amount made available under this heading, 
$292,693,000 shall be available only for public diplomacy international 
information programs: Provided further, <<NOTE: Sex trafficking.>> That, 
of the amount made available under this heading, $500,000 shall be 
available only for grants to the participating organizations in the War 
Against Trafficking Alliance for activities and services related to 
preparation, execution and follow-up for an international conference on 
sex trafficking: Provided further, <<NOTE: Establishment.>> That the 
Secretary shall appoint an advisory panel, reporting directly to the 
Secretary, to assess policy goals and program priorities with regard to 
United States relations with the countries of Sub-Saharan Africa and to 
advise the Secretary of any related findings and recommendations: 
Provided further, That this panel shall not be considered to be a 
Federal advisory committee for purposes of the Federal Advisory 
Committee Act (5 U.S.C. App): Provided further, That funds available 
under this heading may be available for a United States Government 
interagency task force to examine, coordinate and oversee United States 
participation in the United Nations headquarters renovation project: 
Provided further, <<NOTE: China. Notification.>> That no funds may be 
obligated or expended for processing licenses for the export of 
satellites of United States origin (including commercial satellites and 
satellite components) to the People's Republic of China unless, at least 
15 days in advance, the Committees on Appropriations of the House of 
Representatives and the Senate are notified of such proposed action.

    In addition, not to exceed $1,343,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act, as amended; in addition, as authorized by 
section 5 of such Act, $490,000, to be derived from the reserve 
authorized by that section, to be used for the purposes set out in that 
section; in addition, as authorized by section 810 of the United States 
Information and Educational

[[Page 117 STAT. 87]]

Exchange Act, not to exceed $6,000,000, to remain available until 
expended, may be credited to this appropriation from fees or other 
payments received from English teaching, library, motion pictures, and 
publication programs and from fees from educational advising and 
counseling and exchange visitor programs; and, in addition, not to 
exceed $15,000, which shall be derived from reimbursements, surcharges, 
and fees for use of Blair House facilities.
    In addition, for the costs of worldwide security upgrades, 
$553,000,000, to remain available until expended.

                         capital investment fund

    For necessary expenses of the Capital Investment Fund, $183,311,000, 
to remain available until expended, as authorized: Provided, That 
section 135(e) of Public Law 103-236 shall not apply to funds available 
under this heading.

                       office of inspector general

    For necessary expenses of the Office of Inspector General, 
$29,264,000, notwithstanding section 209(a)(1) of the Foreign Service 
Act of 1980, as amended (Public Law 96-465), as it relates to post 
inspections.

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as 
authorized, $245,306,000, to remain available until expended: Provided, 
That not to exceed $2,000,000, to remain available until expended, may 
be credited to this appropriation from fees or other payments received 
from or in connection with English teaching, educational advising and 
counseling programs, and exchange visitor programs as authorized.

                        representation allowances

    For representation allowances as authorized, $6,485,000.

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services, as authorized, 
$11,000,000, to remain available until September 30, 2004.

             embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving, 
maintaining, repairing, and planning for buildings that are owned or 
directly leased by the Department of State, renovating, in addition to 
funds otherwise available, the Harry S Truman Building, and carrying out 
the Diplomatic Security Construction Program as authorized, 
$508,500,000, to remain available until expended as authorized, of which 
not to exceed $25,000 may be used for domestic and overseas 
representation as authorized: Provided, That none of the funds 
appropriated in this paragraph shall be available for acquisition of 
furniture, furnishings, or generators for other departments and 
agencies.

[[Page 117 STAT. 88]]

    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $755,000,000, to remain 
available until expended.

           emergencies in the diplomatic and consular service

    For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$6,500,000, to remain available until expended as authorized, of which 
not to exceed $1,000,000 may be transferred to and merged with the 
Repatriation Loans Program Account, subject to the same terms and 
conditions.

                   repatriation loans program account

    For the cost of direct loans, $612,000, as authorized: Provided, 
That such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974. In 
addition, for administrative expenses necessary to carry out the direct 
loan program, $607,000, which may be transferred to and merged with the 
Diplomatic and Consular Programs account under Administration of Foreign 
Affairs.

               payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act, Public 
Law 96-8, $18,450,000.

      payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $138,200,000.

               International Organizations and Conferences

              contributions to international organizations

    For <<NOTE: 22 USC 269a note.>> expenses, not otherwise provided 
for, necessary to meet annual obligations of membership in international 
multilateral organizations, pursuant to treaties ratified pursuant to 
the advice and consent of the Senate, conventions or specific Acts of 
Congress, $866,000,000: Provided, That any payment of arrearages under 
this title shall be directed toward special activities that are mutually 
agreed upon by the United States and the respective international 
organization: Provided further, That none of the funds appropriated in 
this paragraph shall be available for a United States contribution to an 
international organization for the United States share of interest costs 
made known to the United States Government by such organization for 
loans incurred on or after October 1, 1984, through external borrowings: 
Provided further, That funds appropriated under this paragraph may be 
obligated and expended to pay the full United States assessment to the 
civil budget of the North Atlantic Treaty Organization.

         contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $673,710,000,

[[Page 117 STAT. 89]]

of which 15 percent shall remain available until September 30, 2004: 
Provided, <<NOTE: Notification.>> That none of the funds made available 
under this Act shall be obligated or expended for any new or expanded 
United Nations peacekeeping mission unless, at least 15 days in advance 
of voting for the new or expanded mission in the United Nations Security 
Council (or in an emergency as far in advance as is practicable): (1) 
the Committees on Appropriations of the House of Representatives and the 
Senate and other appropriate committees of the Congress are notified of 
the estimated cost and length of the mission, the vital national 
interest that will be served, and the planned exit strategy; and (2) a 
reprogramming of funds pursuant to section 605 of this Act is submitted, 
and the procedures therein followed, setting forth the source of funds 
that will be used to pay for the cost of the new or expanded mission: 
Provided further, <<NOTE: Certification.>> That funds shall be available 
for peacekeeping expenses only upon a certification by the Secretary of 
State to the appropriate committees of the Congress that American 
manufacturers and suppliers are being given opportunities to provide 
equipment, services, and material for United Nations peacekeeping 
activities equal to those being given to foreign manufacturers and 
suppliers: Provided further, That none of the funds made available under 
this heading are available to pay the United States share of the cost of 
court monitoring that is part of any United Nations peacekeeping 
mission.

                        International Commissions

    For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise 
provided for, to meet obligations of the United States arising under 
treaties, or specific Acts of Congress, as follows:

  international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:

                          salaries and expenses

    For salaries and expenses, not otherwise provided for, $25,482,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $5,450,000, to remain available until expended, as authorized.

              american sections, international commissions

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$9,472,000, of which not to exceed $9,000

[[Page 117 STAT. 90]]

shall be available for representation expenses incurred by the 
International Joint Commission.

                   international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $17,100,000: Provided, 
That the United States' share of such expenses may be advanced to the 
respective commissions pursuant to 31 U.S.C. 3324.

                                  Other

                     Payment to the Asia Foundation

    For a grant to the Asia Foundation, as authorized by the Asia 
Foundation Act (22 U.S.C. 4402), as amended, $10,444,000, to remain 
available until expended, as authorized.

                 eisenhower exchange fellowship program

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2003, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance 
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122 
(Cost Principles for Non-profit Organizations), including the 
restrictions on compensation for personal services.

                    israeli arab scholarship program

    For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings 
accruing to the Israeli Arab Scholarship Fund on or before September 30, 
2003, to remain available until expended.

                            east-west center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$18,000,000, of which $2,500,000 shall remain available until expended: 
Provided, That none of the funds appropriated herein shall be used to 
pay any salary, or enter into any contract providing for the payment 
thereof, in excess of the rate authorized by 5 U.S.C. 5376.

[[Page 117 STAT. 91]]

                    national endowment for democracy

    For grants made by the Department of State to the National Endowment 
for Democracy as authorized by the National Endowment for Democracy Act, 
$42,000,000, to remain available until expended.

                             RELATED AGENCY

                     Broadcasting Board of Governors

                  International Broadcasting Operations

    For expenses necessary to enable the Broadcasting Board of 
Governors, as authorized, to carry out international communication 
activities, $468,898,000, of which not to exceed $16,000 may be used for 
official receptions within the United States as authorized, not to 
exceed $35,000 may be used for representation abroad as authorized, and 
not to exceed $39,000 may be used for official reception and 
representation expenses of Radio Free Europe/Radio Liberty; and in 
addition, notwithstanding any other provision of law, not to exceed 
$2,000,000 in receipts from advertising and revenue from business 
ventures, not to exceed $500,000 in receipts from cooperating 
international organizations, and not to exceed $1,000,000 in receipts 
from privatization efforts of the Voice of America and the International 
Broadcasting Bureau, to remain available until expended for carrying out 
authorized purposes.

                          broadcasting to cuba

    For necessary expenses to enable the Broadcasting Board of Governors 
to carry out broadcasting to Cuba, including the purchase, rent, 
construction, and improvement of facilities for radio and television 
transmission and reception, and purchase and installation of necessary 
equipment for radio and television transmission and reception, 
$24,996,000, to remain available until expended.

                    broadcasting capital improvements

    For the purchase, rent, construction, and improvement of facilities 
for radio transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission and reception 
as authorized, $12,740,000, to remain available until expended, as 
authorized.

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of title 5, United States Code; for services 
as authorized by 5 U.S.C. 3109; and for hire of passenger transportation 
pursuant to 31 U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers:

[[Page 117 STAT. 92]]

Provided, That not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Broadcasting Board of 
Governors in this Act may be transferred between such appropriations, 
but no such appropriation, except as otherwise specifically provided, 
shall be increased by more than 10 percent by any such transfers: 
Provided further, That any transfer pursuant to this section shall be 
treated as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 403. None of the funds made available in this Act may be used 
by the Department of State or the Broadcasting Board of Governors to 
provide equipment, technical support, consulting services, or any other 
form of assistance to the Palestinian Broadcasting Corporation.
    Sec. 404. For the purposes of registration of birth, certification 
of nationality, or issuance of a passport of a United States citizen 
born in the city of Jerusalem, the Secretary of State shall, upon 
request of the citizen, record the place of birth as Israel.
    Sec. 405. <<NOTE: Deadline. Real property. South Carolina.>> (a) 
Within 90 days of enactment of this Act, the Secretary of the Navy shall 
transfer, without compensation, to the Secretary of State administrative 
jurisdiction over the parcels of real property, together with any 
improvements thereon, consisting in aggregate of approximately 10 acres 
at Naval Base, Charleston, South Carolina, described in subsection (b).

    (b) The parcels of real property described in this subsection are as 
follows:
            (1) A parcel bounded by Holland Street, Dyess Avenue, and 
        Hobson Avenue to the entrance way immediately west of Building 
        202.
            (2) A parcel bounded on the north by Dyess Avenue comprising 
        Building 644.

    (c) The transfer of jurisdiction of real property under subsection 
(a) shall not effect the validity or term of any lease with respect to 
such real property in effect as of the date of the transfer.
    (d) The Secretary of State shall use the property transferred under 
subsection (a) for support of diplomatic and consular operations.
    (e) The exact acreage and legal description of the property 
transferred under subsection (a) shall be determined by a survey 
satisfactory to the Secretary of the Navy.
    (f) The Secretary of the Navy may require such additional terms and 
conditions in connection with the transfer of property under subsection 
(a) as the Secretary considers appropriate to protect the interests of 
the United States.
    Sec. 406. <<NOTE: Establishment. 22 USC 7103 note.>> (a) The 
Interagency Task Force to Monitor and Combat Trafficking shall establish 
a Senior Policy Operating Group.

    (b) The Operating Group shall consist of the senior officials 
designated as representatives of the appointed members of the 
President's Interagency Task Force to Monitor and Combat Trafficking in 
Persons (established under Executive Order No. 13257 of February 13, 
2002).
    (c) The Operating Group shall coordinate agency activities regarding 
policies (including grants and grant policies) involving the 
international trafficking in persons and the implementation of this 
division.

[[Page 117 STAT. 93]]

    (d) The Operating Group shall fully share information regarding 
agency plans, before and after final agency decisions are made, on all 
matters regarding grants, grant policies, and other significant actions 
regarding the international trafficking of persons and the 
implementation of this division.
    (e) The Operating Group shall be chaired by the Director of the 
Office to Monitor and Combat Trafficking of the Department of State.
    (f) The Operating Group shall meet on a regular basis at the call of 
the chair.
    This title may be cited as the ``Department of State and Related 
Agency Appropriations Act, 2003''.

                        TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                         Maritime Administration

                        maritime security program

    For necessary expenses to maintain and preserve a U.S.-flag merchant 
fleet to serve the national security needs of the United States, 
$98,700,000, to remain available until September 30, 2005.

                         operations and training

    For necessary expenses of operations and training activities 
authorized by law, $92,696,000, of which $13,000,000 shall remain 
available until expended for capital improvements at the United States 
Merchant Marine Academy.

                              ship disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$11,161,000, to remain available until expended.

           maritime guaranteed loan (title xi) program account

    For administrative expenses to carry out the guaranteed loan 
program, not to exceed $4,126,000, which shall be transferred to and 
merged with the appropriation for Operations and Training.

           administrative provisions--maritime administration

    Notwithstanding any other provision of this Act, the Maritime 
Administration is authorized to furnish utilities and services and make 
necessary repairs in connection with any lease, contract, or occupancy 
involving Government property under control of the Maritime 
Administration, and payments received therefore shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    No obligations shall be incurred during the current fiscal year from 
the construction fund established by the Merchant Marine Act, 1936, or 
otherwise, in excess of the appropriations and limitations contained in 
this Act or in any prior appropriation Act.

[[Page 117 STAT. 94]]

      Commission for the Preservation of America's Heritage Abroad

                          salaries and expenses

    For expenses for the Commission for the Preservation of America's 
Heritage Abroad, $499,000, as authorized by section 1303 of Public Law 
99-83.

                       Commission on Civil Rights

                          salaries and expenses

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $9,096,000: Provided, That not to 
exceed $50,000 may be used to employ consultants: Provided further, That 
none of the funds appropriated in this paragraph shall be used to employ 
in excess of four full-time individuals under Schedule C of the Excepted 
Service exclusive of one special assistant for each Commissioner: 
Provided further, That none of the funds appropriated in this paragraph 
shall be used to reimburse Commissioners for more than 75 billable days, 
with the exception of the chairperson, who is permitted 125 billable 
days.

              Commission on International Religious Freedom

                          salaries and expenses

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of the 
International Religious Freedom Act of 1998 (Public Law 105-292), 
$2,884,000, to remain available until expended.

                       Commission on Ocean Policy

                          salaries and expenses

    For the necessary expenses of the Commission on Ocean Policy, 
$2,000,000, to remain available until expended.

            Commission on Security and Cooperation in Europe

                          salaries and expenses

    For necessary expenses of the Commission on Security and Cooperation 
in Europe, as authorized by Public Law 94-304, $1,582,000, to remain 
available until expended as authorized by section 3 of Public Law 99-7.

  Congressional-Executive Commission on the People's Republic of China

                          salaries and expenses

    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized, $1,380,000, including not 
more than $3,000 for the purpose of official representation, to remain 
available until expended.

[[Page 117 STAT. 95]]

                 Equal Employment Opportunity Commission

                          salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
as amended (29 U.S.C. 206(d) and 621-634), the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, including 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to 
private citizens; and not to exceed $33,000,000 for payments to State 
and local enforcement agencies for services to the Commission pursuant 
to title VII of the Civil Rights Act of 1964, as amended, sections 6 and 
14 of the Age Discrimination in Employment Act, the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, 
$308,822,000: Provided, That the Commission is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from available funds.

                    Federal Communications Commission

                          salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and 
structure; not to exceed $500,000 for improvement and care of grounds 
and repair to buildings; not to exceed $4,000 for official reception and 
representation expenses; purchase and hire of motor vehicles; special 
counsel fees; and services as authorized by 5 U.S.C. 3109, $271,000,000, 
of which not to exceed $300,000 shall remain available until September 
30, 2004, for research and policy studies: Provided, That $269,000,000 
of offsetting collections shall be assessed and collected pursuant to 
section 9 of title I of the Communications Act of 1934, as amended, and 
shall be retained and used for necessary expenses in this appropriation, 
and shall remain available until expended: Provided further, That the 
sum herein appropriated shall be reduced as such offsetting collections 
are received during fiscal year 2003 so as to result in a final fiscal 
year 2003 appropriation estimated at $2,000,000: Provided further, That 
any offsetting collections received in excess of $269,000,000 in fiscal 
year 2003 shall remain available until expended, but shall not be 
available for obligation until October 1, 2003.

                       Federal Maritime Commission

                          salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-5902, $16,700,000: Provided, That not to exceed $2,000 shall be 
available for official reception and representation expenses.

[[Page 117 STAT. 96]]

                        Federal Trade Commission

                          salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; not to exceed $2,000 for official reception and representation 
expenses, $176,608,000, to remain available until expended: Provided, 
That not to exceed $300,000 shall be available for use to contract with 
a person or persons for collection services in accordance with the terms 
of 31 U.S.C. 3718, as amended: Provided further, That, notwithstanding 
any other provision of law, not to exceed $168,100,000 of offsetting 
collections derived from fees collected for premerger notification 
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 
(15 U.S.C. 18a), regardless of the year of collection, and offsetting 
collections derived from fees sufficient to implement and enforce the 
do-not-call provisions of the Telemarketing Sales Rule, 16 C.F.R. Part 
310, promulgated under the Telephone Consumer Fraud and Abuse Prevention 
Act (15 U.S.C. 6101 et seq.), estimated at $18,100,000, shall be 
collected pursuant to this authority: Provided further, That all 
offsetting collections shall be credited to this appropriation, used for 
necessary expenses, and remain available until expended: Provided 
further, That the sum herein appropriated from the general fund shall be 
reduced as such offsetting collections are received during fiscal year 
2003, so as to result in a final fiscal year 2003 appropriation from the 
general fund estimated at not more than $8,508,000: Provided further, 
That none of the funds made available to the Federal Trade Commission 
shall be available for obligation for expenses authorized by section 151 
of the Federal Deposit Insurance Corporation Improvement Act of 1991 
(Public Law 102-242; 105 Stat. 2282-2285).

                       Legal Services Corporation

                payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, as amended, 
$338,848,000, of which $9,500,000 is to provide supplemental funding for 
basic field programs, and related administration, for service areas 
(including a merged or reconfigured service area) that will receive less 
funding under the Legal Services Corporation Act for fiscal year 2003 
than the area received for fiscal year 2002, due to use of data from the 
2000 Census, and of which $310,048,000 is for basic field programs and 
required independent audits; $2,600,000 is for the Office of Inspector 
General, of which such amounts as may be necessary may be used to 
conduct additional audits of recipients; $13,300,000 is for management 
and administration; and $3,400,000 is for client self-help and 
information technology.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502,

[[Page 117 STAT. 97]]

503, 504, 505, and 506 of Public Law 105-119, and all funds appropriated 
in this Act to the Legal Services Corporation shall be subject to the 
same terms and conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be deemed to 
refer instead to 2002 and 2003, respectively, and except that section 
501(a)(1) of Public Law 104-134 (110 Stat. 1321-51, et seq.) shall not 
apply to the use of the $9,500,000 to address loss of funding due to 
Census-based reallocations.

                        Marine Mammal Commission

                          salaries and expenses

    For necessary expenses of the Marine Mammal Commission, $3,050,000, 
of which $500,000 shall remain available until September 30, 2004.

           National Veterans Business Development Corporation

    For necessary expenses of the National Veterans Business Development 
Corporation as authorized under section 33(a) of the Small Business Act, 
as amended, $2,000,000.

                   Securities and Exchange Commission

                          salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $716,350,000; of which not to exceed $10,000 
may be used toward funding a permanent secretariat for the International 
Organization of Securities Commissions; and of which not to exceed 
$100,000 shall be available for expenses for consultations and meetings 
hosted by the Commission with foreign governmental and other regulatory 
officials, members of their delegations, appropriate representatives and 
staff to exchange views concerning developments relating to securities 
matters, development and implementation of cooperation agreements 
concerning securities matters and provision of technical assistance for 
the development of foreign securities markets, such expenses to include 
necessary logistic and administrative expenses and the expenses of 
Commission staff and foreign invitees in attendance at such 
consultations and meetings including: (1) such incidental expenses as 
meals taken in the course of such attendance; (2) any travel and 
transportation to or from such meetings; and (3) any other related 
lodging or subsistence: Provided, That fees and charges authorized by 
sections 6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), 
and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934 (15 
U.S.C. 78m(e), 78n(g), and 78ee) shall be credited to this account as 
offsetting collections: Provided further, That not to exceed 
$716,350,000 of such offsetting collections shall be available until 
expended for necessary expenses of this account: Provided further, That 
the total amount appropriated under this heading from the general fund 
for fiscal year 2003 shall be reduced as such offsetting fees are 
received so as

[[Page 117 STAT. 98]]

to result in a final total fiscal 2003 appropriation from the general 
fund estimated at not more than $0.

                      Small Business Administration

                          salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 105-135, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and representation 
expenses, $314,457,000: Provided, That the Administrator is authorized 
to charge fees to cover the cost of publications developed by the Small 
Business Administration, and certain loan servicing activities: Provided 
further, That, notwithstanding 31 U.S.C. 3302, revenues received from 
all such activities shall be credited to this account, to be available 
for carrying out these purposes without further appropriations: Provided 
further, That $89,000,000 shall be available to fund grants for 
performance in fiscal year 2003 or fiscal year 2004 as authorized.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $12,422,000.

                     business loans program account

    For the cost of direct loans, $3,726,000, to be available until 
expended; and for the cost of guaranteed loans, $85,360,000, as 
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain 
available until September 30, 2004: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974, as amended: Provided further, That 
during fiscal year 2003 commitments to guarantee loans under section 503 
of the Small Business Investment Act of 1958, as amended, shall not 
exceed $4,500,000,000, as provided under section 20(h)(1)(B)(ii) of the 
Small Business Act: Provided further, That during fiscal year 2003 
commitments for general business loans authorized under section 7(a) of 
the Small Business Act, as amended, shall not exceed $10,000,000,000 
without prior notification of the Committees on Appropriations of the 
House of Representatives and Senate in accordance with section 605 of 
this Act: Provided further, That during fiscal year 2003 commitments to 
guarantee loans for debentures and participating securities under 
section 303(b) of the Small Business Investment Act of 1958, as amended, 
shall not exceed the levels established by section 20(i)(1)(C) of the 
Small Business Act.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $129,000,000, which may be transferred to and 
merged with the appropriations for Salaries and Expenses.

                     disaster loans program account

    For the cost of direct loans authorized by section 7(b) of the Small 
Business Act, as amended, $73,140,000, to remain available until 
expended: Provided, That such costs, including the cost of

[[Page 117 STAT. 99]]

modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended.
    In addition, for administrative expenses to carry out the direct 
loan program, $118,354,000, which may be transferred to and merged with 
appropriations for Salaries and Expenses, of which $500,000 is for the 
Office of Inspector General of the Small Business Administration for 
audits and reviews of disaster loans and the disaster loan program and 
shall be transferred to and merged with appropriations for the Office of 
Inspector General; of which $108,000,000 is for direct administrative 
expenses of loan making and servicing to carry out the direct loan 
program; and of which $9,854,000 is for indirect administrative 
expenses: Provided, That any amount in excess of $9,854,000 to be 
transferred to and merged with appropriations for Salaries and Expenses 
for indirect administrative expenses shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.

         administrative provision--small business administration

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Small Business Administration in this Act 
may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this paragraph shall 
be treated as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.

                         State Justice Institute

                          salaries and expenses

    For necessary expenses of the State Justice Institute, as authorized 
by the State Justice Institute Authorization Act of 1992 (Public Law 
102-572; 106 Stat. 4515-4516), $3,000,000: Provided, That not to exceed 
$2,500 shall be available for official reception and representation 
expenses.

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603. <<NOTE: Contracts. Public information.>>  The expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to 
those contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order issued pursuant to 
existing law.

    Sec. 604. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid,

[[Page 117 STAT. 100]]

the remainder of the Act and the application of each provision to 
persons or circumstances other than those as to which it is held invalid 
shall not be affected thereby.
    Sec. 605. <<NOTE: Notifications.>>  (a) None of the funds provided 
under this Act, or provided under previous appropriations Acts to the 
agencies funded by this Act that remain available for obligation or 
expenditure in fiscal year 2003, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds which: (1) 
creates new programs; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted; (4) relocates 
an office or employees; (5) reorganizes offices, programs, or 
activities; or (6) contracts out or privatizes any functions or 
activities presently performed by Federal employees; unless the 
Appropriations Committees of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds.

    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2003, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects (including construction projects), or activities; (2) 
reduces by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved by Congress; 
or (3) results from any general savings from a reduction in personnel 
which would result in a change in existing programs, activities, or 
projects as approved by Congress; unless the Appropriations Committees 
of both Houses of Congress are notified 15 days in advance of such 
reprogramming of funds.
    Sec. 606. None of the funds made available in this Act may be used 
for the construction, repair (other than emergency repair), overhaul, 
conversion, or modernization of vessels for the National Oceanic and 
Atmospheric Administration in shipyards located outside of the United 
States.
    Sec. 607. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant

[[Page 117 STAT. 101]]

to the debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 608. <<NOTE: Religious harassment.>>  None of the funds made 
available in this Act may be used to implement, administer, or enforce 
any guidelines of the Equal Employment Opportunity Commission covering 
harassment based on religion, when it is made known to the Federal 
entity or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed guidelines 
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).

    Sec. 609. None of the funds made available by this Act may be used 
for any United Nations undertaking when it is made known to the Federal 
official having authority to obligate or expend such funds: (1) that the 
United Nations undertaking is a peacekeeping mission; (2) that such 
undertaking will involve United States Armed Forces under the command or 
operational control of a foreign national; and (3) that the President's 
military advisors have not submitted to the President a recommendation 
that such involvement is in the national security interests of the 
United States and the President has not submitted to the Congress such a 
recommendation.
    Sec. 610. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 609 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) <<NOTE: Applicability.>> The requirements in subparagraphs (A) 
and (B) of section 609 of that Act shall continue to apply during fiscal 
year 2003.

    Sec. 611. None of the funds appropriated or otherwise made available 
by this Act or any other Act may be used to implement, enforce, or 
otherwise abide by the Memorandum of Agreement signed by the Federal 
Trade Commission and the Antitrust Division of the Department of Justice 
on March 5, 2002.
    Sec. 612. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response to funding 
reductions included in this Act shall be absorbed within the total 
budgetary resources available to such department or agency: Provided, 
That the authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 613. Of the funds appropriated in this Act under the heading 
``Office of Justice Programs--State and Local Law Enforcement 
Assistance'', not more than 90 percent of the amount to be awarded to an 
entity under the Local Law Enforcement Block Grant shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who retires 
or is separated from service due to injury suffered as the direct and 
proximate result of a

[[Page 117 STAT. 102]]

personal injury sustained in the line of duty while responding to an 
emergency situation or a hot pursuit (as such terms are defined by State 
law) with the same or better level of health insurance benefits at the 
time of retirement or separation as they received while on duty.
    Sec. 614. <<NOTE: Tobacco and tobacco products.>>  Hereafter, none 
of the funds provided by this Act shall be available to promote the sale 
or export of tobacco or tobacco products, or to seek the reduction or 
removal by any foreign country of restrictions on the marketing of 
tobacco or tobacco products, except for restrictions which are not 
applied equally to all tobacco or tobacco products of the same type.

    Sec. 615. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 616 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999, as amended.
    (b) The <<NOTE: Applicability.>> requirements in subsections (b) and 
(c) of section 616 of that Act shall continue to apply during fiscal 
year 2003.

    Sec. 616. None of the funds appropriated pursuant to this Act or any 
other provision of law may be used for: (1) the implementation of any 
tax or fee in connection with the implementation of 18 U.S.C. 922(t); 
and (2) any system to implement 18 U.S.C. 922(t) that does not require 
and result in the destruction of any identifying information submitted 
by or on behalf of any person who has been determined not to be 
prohibited from owning a firearm.
    Sec. 617. <<NOTE: 42 USC 10601 note.>> Notwithstanding any other 
provision of law, amounts deposited or available in the Fund established 
under 42 U.S.C. 10601 in any fiscal year in excess of $600,000,000 shall 
not be available for obligation until the following fiscal year, with 
the exception of emergency appropriations made available by Public Law 
107-38 and transferred to the Fund.

    Sec. 618. <<NOTE: Discrimination.>> None of the funds made available 
to the Department of Justice in this Act may be used to discriminate 
against or denigrate the religious or moral beliefs of students who 
participate in programs for which financial assistance is provided from 
those funds, or of the parents or legal guardians of such students.

    Sec. 619. None of the funds appropriated or otherwise made available 
to the Department of State and the Department of Justice shall be 
available for the purpose of granting either immigrant or nonimmigrant 
visas, or both, consistent with the Secretary's determination under 
section 243(d) of the Immigration and Nationality Act, to citizens, 
subjects, nationals, or residents of countries that the Attorney General 
has determined deny or unreasonably delay accepting the return of 
citizens, subjects, nationals, or residents under that section: 
Provided, <<NOTE: Notification.>>  That the Attorney General shall 
notify the Secretary of State in every instance when a foreign country 
denies or unreasonably delays accepting an alien who is a citizen, 
subject, national, or resident of that country after the Attorney 
General asks whether the Government will accept the alien under section 
243 of the Immigration and Nationality Act.

    Sec. 620. <<NOTE: Prisons and prisoners.>> None of the funds made 
available to the Department of Justice in this Act may be used for the 
purpose of transporting an individual who is a prisoner pursuant to 
conviction for crime under State or Federal law and is classified as a 
maximum or high security prisoner, other than to a prison or other 
facility

[[Page 117 STAT. 103]]

certified by the Federal Bureau of Prisons as appropriately secure for 
housing such a prisoner.

    Sec. 621. <<NOTE: Prisons and prisoners.>> (a) Hereafter, none of 
the funds appropriated by this Act may be used by Federal prisons to 
purchase cable television services, to rent or purchase videocassettes, 
videocassette recorders, or other audiovisual or electronic equipment 
used primarily for recreational purposes.

    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 622. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 623. <<NOTE: 5 USC 6120 note.>> Of the funds appropriated in 
this Act for the Departments of Commerce, Justice, and State, the 
Judiciary, and the Small Business Administration, $100,000 shall be 
available to each Department or agency only to implement telecommuting 
programs: Provided, <<NOTE: Deadline. Reports.>> That, 6 months after 
the date of enactment of this Act and every 6 months thereafter, each 
Department or agency shall provide a report to the Committees on 
Appropriations on the status of telecommuting programs, including the 
number of Federal employees eligible for, and participating in, such 
programs: Provided further, That each Department or agency shall 
designate a ``Telework Coordinator'' to be responsible for overseeing 
the implementation of telecommuting programs and serve as a point of 
contact on such programs for the Committees on Appropriations.

    Sec. 624. The paragraph under the heading ``Small Business 
Administration--Business Loans Program Account'' in chapter 2 of 
division B of Public Law 107-117 (115 Stat. 2297) is amended by 
inserting ``or section 7(a) of the Small Business Act (15 U.S.C. 
636(a))'' after ``September 11, 2001''.
    Sec. 625. For additional amounts under the heading ``Small Business 
Administration, Salaries and Expenses'', $2,000,000 shall be available 
for a grant to the Innovation and Commercialization Center; $2,000,000 
shall be available for the Mississippi State University MAF/TIGER 
database project; $1,000,000 shall be for the Black Hills Rural Tourism 
Marketing Program; $1,500,000 shall be for the Center for Tourism 
Research; $3,125,000 shall be for the National Inventor's Hall of Fame; 
$3,175,000 shall be for the Boston Museum of Science; $2,000,000 shall 
be for the Tuck School and Minority Business Development Agency 
Partnership; $2,000,000 shall be for the Oklahoma International Trade 
Processing Center; $300,000 shall be for the Providence, Rhode Island 
Center for Women and Enterprise; $500,000 shall be for the Ogontz 
Revitalization Corporation; $500,000 shall be for the Idaho Virtual 
Incubator, Phase III; $1,600,000 shall be for the Adelante grant; 
$300,000 shall be for the Immigration Services project in Iowa; 
$2,000,000 shall be for the Microdevice Fabrication Facility; $700,000 
shall be for the Carvers Bay Library; $1,000,000 shall be for technical 
upgrades for the Northwest Center for Engineering, Science, and 
Technology; $200,000 shall be for the Southern New Mexico High 
Technology Consortium; $1,000,000 shall be for the American Museum of 
Natural History; $200,000 shall be for the Program for International 
Education and Training; $2,000,000 shall be available for a grant to the 
St. Louis Enterprise Center in

[[Page 117 STAT. 104]]

St. Louis County, Missouri to expand programs, operations and facilities 
to assist in business incubation; $400,000 shall be available for a 
grant for the Promesa Enterprises to provide back office services and 
infrastructure support to community-based organizations in the Bronx, 
New York; $700,000 shall be available for a grant to the New York City 
Department of Parks, working in conjunction with Youth Ministries for 
Peace and Justice, for developing a facility in New York City's 
Starlight Park; $300,000 shall be available for a grant to the Urban 
Justice Center to provide legal assistance to groups engaged in 
community development in low-income neighborhoods; $650,000 shall be 
available for a grant to CAP Services of Stevens Point, Wisconsin to 
purchase and renovate property; $200,000 shall be available for a grant 
for the Promesa Foundation in South Bronx, New York to provide community 
growth funding; $400,000 shall be available for a grant to the Lower 
East Side Girls Club of New York to provide for facility development; 
$1,100,000 shall be available for a grant to J.F. Drake State Technical 
College in Huntsville, Alabama to construct and equip a media center in 
support of local business needs; $1,100,000 shall be available for a 
grant to the City of Los Angeles, California to develop a facility to 
support downtown business development; $1,100,000 shall be available for 
a grant to the MountainMade Foundation to fulfill its charter purposes 
and to continue the initiative developed by the NTTC for outreach and 
promotion, business and sites development, the education of artists and 
craftspeople, and to promote small businesses, artisans and their 
products through market development, advertisement, commercial sale and 
other promotional means; $700,000 shall be available for a grant to Lord 
Fairfax Community College for workforce development programs; $700,000 
shall be available for a grant to the Village of Edgar, Wisconsin to 
purchase and redevelop property as a small business park to support 
local agriculture; $500,000 shall be available for a grant to the West 
Virginia High Technology Consortium to develop a small business 
commercialization grant program; $250,000 shall be available for a grant 
to Johnstown Area Regional Industries in Pennsylvania to develop small 
business technology centers; $250,000 shall be available for a grant to 
the Economic Growth Connection of Westmoreland to establish a Paperless 
Procurement grant program; $350,000 shall be available for a grant to 
the Fayette County, Pennsylvania Community Action Agency for the 
Republic Incubator Project; $1,000,000 shall be available for a grant to 
the Shenandoah Valley Discovery Museum to establish a new facility; 
$500,000 shall be available for a grant to the University of Tennessee 
at Chattanooga for the Riverbend Technology Institute for the technology 
incubator project; $500,000 shall be available for a grant to the 
California State University, San Bernardino for development of the 
Center for the Commercialization of Advanced Technology; $1,000,000 
shall be available for a grant to the Rhode Island School of Design for 
the modernization of a building to establish a small business incubator; 
$500,000 shall be available for a grant to the University of Scranton to 
establish an Electronic Business Technology Center; $500,000 shall be 
available for a grant to Experience Works!, Incorporated for small 
business program activities; $500,000 shall be available for a grant to 
Wilberforce University to improve technology systems; $500,000 shall be 
available for a grant to Millikin University for facilities development 
for the Business and Technology Center; $500,000

[[Page 117 STAT. 105]]

shall be available for a grant to the Michael J. Quill Irish Cultural 
and Sports Center for facilities development; $2,600,000 shall be 
available for a grant to Iowa State University for the development of a 
research park biologics facility; $1,000,000 shall be available for a 
grant to the Southern Kentucky Tourism Development Association for 
continuation of a regional tourism promotion initiative; $450,000 shall 
be available for a grant to the Bronx Council on the Arts to help 
promote stabilization of small arts organizations; $500,000 shall be 
available for a grant to Southern Kentucky Rehabilitation Industries for 
internal development; $250,000 shall be available for a grant to 
Johnstown Area Regional Industries in Pennsylvania to continue the 
workforce development training program; $500,000 shall be available for 
a grant to the City of Monticello, Kentucky for commercial 
revitalization activities; $1,500,000 shall be available for a grant to 
Shenandoah University to develop a historical and tourism development 
facility; $500,000 shall be available for a grant to the City of 
Merrill, Wisconsin to purchase and redevelop industrial property to 
support economic growth; $2,500,000 shall be available for a grant to 
the Virginia Community College System (VCCS) for improvement of distance 
learning programs; $750,000 shall be available for a grant to Soundview 
Community in Action for a technology access and business improvement 
project; $100,000 shall be available for a grant to the Gospel Rescue 
Ministries for facilities renovation; $450,000 shall be available for a 
grant to the Pregones Theater in the South Bronx, New York for 
construction improvements; $100,000 shall be available for a grant to 
the Atoka Preservation Society for facility restoration activities; 
$500,000 shall be available for a grant to the Virginia Science Museum 
for marine science and other environmental program activities at Belmont 
Bay; $500,000 shall be available for a grant to the Infotonics Center of 
Excellence for small business incubation activities; $500,000 shall be 
available for a grant to the Chicago Field Museum to renovate and 
develop a facility; $500,000 shall be available for a grant to the 
Cedarbridge Development Urban Renewal Corporation for office complex 
development activities; and $500,000 shall be available for a grant to 
the City of Belvidere, Illinois to establish a Small Business 
Agriculture-Technology Incubator and New Use Economy Information Center: 
Provided, That section 629 of Public Law 107-77 is amended with respect 
to a grant of: (1) $500,000 to Johnstown Area Regional Industries for 
the High Technology Initiative and Wireless/Digital Technology Program 
by deleting the word ``for'' after ``Industries'' and inserting the 
words ``to provide technical and financial assistance under a High 
Technology Initiative and Wireless Digital Technology Program.''; (2) 
$2,000,000 to the Los Angeles Conservancy by adding the phrase ``, 
including the use of subgrants and other forms of financial assistance'' 
after ``rebuilding and revitalization.''; (3) $500,000 for a grant to 
Yonkers, New York by deleting ``Yonkers, New York'' and inserting ``the 
Yonkers Industrial Development Agency''; and (4) $450,000 to the 
Southern Kentucky Rehabilitation Industries by deleting the words 
``financial assistance and small business development'' after ``for'' 
and inserting ``technology upgrades'': Provided further, That, any grant 
made by the Small Business Administration to the MountainMade Foundation 
during fiscal year 2002 or to the NTTC at Wheeling Jesuit University 
during fiscal years 1998 through 2002 may be used by such entity to 
promote small businesses

[[Page 117 STAT. 106]]

and artisans, and their products, through market development, 
advertisement, commercial sale, and other promotional means: Provided 
further, <<NOTE: Applicability.>> That the preceding proviso shall apply 
to promotional activities occurring on or after October 1, 1997.

    Sec. 626. Any amounts previously appropriated for the Port of 
Anchorage for an intermodal marine facility and access thereto shall be 
transferred to and administered by the Administrator for the Maritime 
Administration including non-Federal contributions. Such amounts shall 
be subject only to conditions and requirements required by the Maritime 
Administration.

                         TITLE VII--RESCISSIONS

                          DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

    Of the unobligated balances available under this heading, 
$78,000,000 are rescinded.

                            Legal Activities

                          asset forfeiture fund

                              (rescission)

    Of the unobligated balances available under this heading, 
$50,874,000 are rescinded.

                 Immigration and Naturalization Service

                       immigration emergency fund

                              (rescission)

    Of the unobligated balances available under this heading, $580,000 
are rescinded.

                         DEPARTMENT OF COMMERCE

             National Oceanic and Atmospheric Administration

                        coastal impact assistance

                              (rescission)

    Of the unobligated balances available under this heading, $7,000,000 
are rescinded.

                         Departmental Management

          emergency oil and gas guaranteed loan program account

                              (rescission)

    Of the unobligated balances available under this heading from prior 
year appropriations, $920,000 are rescinded.

[[Page 117 STAT. 107]]

                            RELATED AGENCIES

                    Federal Communications Commission

                          salaries and expenses

                              (rescission)

    Of the unobligated balances available under this heading, $5,700,000 
are rescinded.

                      Small Business Administration

                          salaries and expenses

                              (rescission)

    Of the unobligated balances available under this heading from prior 
year appropriations, $13,750,000 are rescinded.

                     business loans program account

                              (rescission)

    Of the unobligated balances available under this heading from prior 
year appropriations, $10,500,000 are rescinded.
    This division may be cited as the ``Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 2003''.

  DIVISION <<NOTE: District of Columbia Appropriations Act, 2003.>> C--
DISTRICT OF COLUMBIA APPROPRIATIONS, 2003

                            Joint Resolution


Making appropriations for the government of the District of Columbia and 
other activities chargeable in whole or in part against the revenues of 
  said District for the fiscal year ending September 30, 2003, and for 
                             other purposes.

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

                         TITLE I--FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered by 
the Mayor, for District of Columbia resident tuition support, 
$17,000,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors

[[Page 117 STAT. 108]]

as may be authorized: Provided further, That the District of Columbia 
government shall maintain a dedicated account for the Resident Tuition 
Support Program that shall consist of the Federal funds appropriated to 
the Program in this Act and any subsequent appropriations, any 
unobligated balances from prior fiscal years, and any interest earned in 
this or any fiscal year: Provided further, That the account shall be 
under the control of the District of Columbia Chief Financial Officer 
who shall use those funds solely for the purposes of carrying out the 
Resident Tuition Support Program: Provided 
further, <<NOTE: Reports.>> That the Resident Tuition Support Program 
Office and the Office of the Chief Financial Officer shall provide a 
quarterly financial report to the Committees on Appropriations of the 
House of Representatives and Senate for these funds showing, by object 
class, the expenditures made and the purpose therefor: Provided further, 
That not more than 7 percent of the total amount appropriated for this 
program may be used for administrative expenses.

    Federal Payment for Emergency Planning and Security Costs in the 
                          District of Columbia

    For necessary expenses, as determined by the Mayor of the District 
of Columbia in written consultation with the elected county or city 
officials of surrounding jurisdictions, $15,000,000, to remain available 
until expended, to reimburse the District of Columbia for the costs of 
public safety expenses related to security events in the District of 
Columbia and for the costs of providing support to respond to immediate 
and specific terrorist threats or attacks in the District of Columbia or 
surrounding jurisdictions: Provided, That any amount provided under this 
heading shall be available only after notice of its proposed use has 
been transmitted by the President to Congress and such amount has been 
apportioned pursuant to chapter 15 of title 31, United States Code: 
Provided further, <<NOTE: Reports.>> That the Office of Management and 
Budget shall, in consultation with the United States Park Police, the 
National Park Service, the Secret Service, the Federal Bureau of 
Investigation, the United States Protective Service, the Department of 
State, and the General Services Administration, review the National 
Capital Planning Commission study on ``Designing for Security in the 
Nation's Capital'' and report to the Committees on Appropriations of the 
House of Representatives and Senate on the steps these agencies will 
take to improve the appearance of security measures in the District of 
Columbia in accordance with the National Capital Planning Commission 
recommendations: Provided further, <<NOTE: Deadline.>> That the report 
shall be submitted no later than April 11, 2003 and shall include the 
recommendations of each agency.

 Federal Payment for Hospital Bioterrorism Preparedness in the District 
                               of Columbia

    For a Federal payment to support hospital bioterrorism preparedness 
in the District of Columbia, $10,000,000, of which $5,000,000 shall be 
for the Children's National Medical Center in the District of Columbia 
for the expansion of quarantine facilities and the establishment of a 
decontamination facility, and $5,000,000 shall be for the Washington 
Hospital Center for construction of containment facilities.

[[Page 117 STAT. 109]]

           Federal Payment to the District of Columbia Courts

    For salaries and expenses for the District of Columbia Courts, 
$161,943,000, to be allocated as follows: for the District of Columbia 
Court of Appeals, $8,551,000, of which not to exceed $1,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $81,339,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $40,402,000, of which not to exceed $1,500 is for 
official reception and representation expenses; and $31,651,000 for 
capital improvements for District of Columbia courthouse facilities: 
Provided, That funds made available for capital improvements shall be 
expended consistent with the General Services Administration master plan 
study and building evaluation report: Provided 
further, <<NOTE: Contracts. Reports.>> That notwithstanding any other 
provision of law, all amounts under this heading shall be apportioned 
quarterly by the Office of Management and Budget and obligated and 
expended in the same manner as funds appropriated for salaries and 
expenses of other Federal agencies, with payroll and financial services 
to be provided on a contractual basis with the General Services 
Administration (GSA), said services to include the preparation of 
monthly financial reports, copies of which shall be submitted directly 
by GSA to the President and to the Committees on Appropriations of the 
House of Representatives and Senate, the Committee on Government Reform 
of the House of Representatives, and the Committee on Governmental 
Affairs of the Senate: Provided further, That funds made available for 
capital improvements may remain available until September 30, 2004: 
Provided further, That 30 days after providing written notice to the 
Committees on Appropriations of the House of Representatives and Senate, 
the District of Columbia Courts may reallocate not more than $1,000,000 
of the funds provided under this heading among the items and entities 
funded under such heading: Provided further, That notwithstanding 
section 446 of the District of Columbia Home Rule Act or any provision 
of subchapter III of chapter 13 of title 31, United States Code, the use 
of interest earned on the Federal payment made to the District of 
Columbia Courts under the District of Columbia Appropriations Act, 1998, 
by the Courts during fiscal year 1998 shall not constitute a violation 
of such Act or such subchapter.

            Defender Services in District of Columbia Courts

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments for counsel 
appointed in proceedings in the Family Court of the Superior Court of 
the District of Columbia under chapter 23 of title 16, D.C. Official 
Code, or pursuant to contractual agreements to provide guardian ad litem 
representation, training, technical assistance and/or such other 
services as are necessary to improve the quality of guardian ad litem 
representation, and payments for counsel authorized under section 21-
2060, D.C. Official Code (relating to representation provided under the 
District of Columbia Guardianship, Protective Proceedings, and Durable 
Power of Attorney Act of 1986), $17,100,000, to remain available until 
expended: Provided, That $1,500,000 of this appropriation is to

[[Page 117 STAT. 110]]

provide guardians ad litem to abused and neglected children: Provided 
further, That the funds provided in this Act under the heading ``Federal 
Payment to the District of Columbia Courts'' (other than the $31,651,000 
provided under such heading for capital improvements for District of 
Columbia courthouse facilities) may also be used for payments under this 
heading: Provided further, That in addition to the funds provided under 
this heading, the Joint Committee on Judicial Administration in the 
District of Columbia shall use funds provided in this Act under the 
heading ``Federal Payment to the District of Columbia Courts'' (other 
than the $31,651,000 provided under such heading for capital 
improvements for District of Columbia courthouse facilities), to make 
payments described under this heading for obligations incurred during 
any fiscal year: Provided further, <<NOTE: Contracts. Reports.>> That 
funds provided under this heading shall be administered by the Joint 
Committee on Judicial Administration in the District of Columbia: 
Provided further, That notwithstanding any other provision of law, this 
appropriation shall be apportioned quarterly by the Office of Management 
and Budget and obligated and expended in the same manner as funds 
appropriated for expenses of other Federal agencies, with payroll and 
financial services to be provided on a contractual basis with the 
General Services Administration (GSA), said services to include the 
preparation of monthly financial reports, copies of which shall be 
submitted directly by GSA to the President and to the Committees on 
Appropriations of the House of Representatives and Senate, the Committee 
on Government Reform of the House of Representatives, and the Committee 
on Governmental Affairs of the Senate.

 Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia

                      (including transfer of funds)

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
$154,707,000, of which not to exceed $2,000 is for official receptions 
related to offender and defendant support programs; $95,682,000 shall be 
for necessary expenses of Community Supervision and Sex Offender 
Registration, to include expenses relating to the supervision of adults 
subject to protection orders or the provision of services for or related 
to such persons; $23,070,000 shall be transferred to the Public Defender 
Service; and $35,955,000 shall be available to the Pretrial Services 
Agency: Provided, That notwithstanding any other provision of law, all 
amounts under this heading shall be apportioned quarterly by the Office 
of Management and Budget and obligated and expended in the same manner 
as funds appropriated for salaries and expenses of other Federal 
agencies: Provided further, That notwithstanding chapter 33 of title 40, 
United States Code, the Director may acquire by purchase, lease, 
condemnation, or donation, and renovate as necessary, Building Number 
17, 1900 Massachusetts Avenue, Southeast, Washington, District of 
Columbia to house or supervise offenders and defendants, with funds made 
available for this purpose in Public Law 107-96: Provided further, That 
the Director is authorized to accept and use gifts in the form of in-
kind contributions

[[Page 117 STAT. 111]]

of space and hospitality to support offender and defendant programs, and 
equipment and vocational training services to educate and train 
offenders and defendants: Provided further, <<NOTE: Records. Public 
information.>> That the Director shall keep accurate and detailed 
records of the acceptance and use of any gift or donation under the 
previous proviso, and shall make such records available for audit and 
public inspection.

Federal Payment to the District of Columbia Department of Transportation

    For a Federal payment to the District of Columbia Department of 
Transportation, $1,000,000: Provided, That such funds will be used to 
implement transportation systems management initiatives and strategies 
recommended in the October 2001 report by the Interagency Task Force of 
the National Capital Planning Commission in coordination with the 
National Capital Planning Commission.

   Federal Payment to the Chief Financial Officer of the District of 
                                Columbia

    For a Federal payment to the Chief Financial Officer of the District 
of Columbia, $40,300,000: Provided, That these funds shall be available 
for the projects and in the amounts specified in the statement of the 
managers on the conference report accompanying this Act: Provided 
further, <<NOTE: Reports. Deadline.>> That each entity that receives 
funding under this heading shall submit to the Committees on 
Appropriations of the House of Representatives and Senate a report due 
April 30, 2003, on the activities carried out with such funds.

               Federal Payment for Waterfront Improvements

    For a Federal payment to the District of Columbia Department of 
Housing and Community Development, $2,800,000 to continue improvements 
on the historic Potomac Southwest Waterfront: 
Provided, <<NOTE: Reports. Deadline.>> That the Department shall submit 
to the Committees on Appropriations of the House of Representatives and 
Senate a report due April 30, 2003, on the activities carried out with 
such funds.

                Federal Payment for Asbestos Remediation

    For a Federal payment to the General Services Administration (GSA), 
$1,000,000 to reimburse Fairfax County, Virginia for the remediation of 
asbestos on the former site of the Lorton Correctional Complex: 
Provided, <<NOTE: Reports. Deadline.>> That GSA shall submit to the 
Committees on Appropriations of the House of Representatives and Senate 
a report due April 30, 2003, on the activities carried out with such 
funds.

  Federal Payment to the Fire and Emergency Medical Services Department

    For a Federal payment to the District of Columbia Fire and Emergency 
Medical Services Department, $2,000,000 to repair, renovate, and 
rehabilitate fire stations in need of capital improvements: 
Provided, <<NOTE: Reports. Deadline.>> That the Department shall submit 
to the Committees on Appropriations of the House of Representatives and 
Senate a report due April 30, 2003, on the activities carried out with 
such funds.

[[Page 117 STAT. 112]]

                  Federal Payment for Special Education

    For a Federal payment to the District of Columbia Public Education 
System, $3,000,000, to remain available until expended to establish 
special education satellite facilities in the District of Columbia.

             Federal Payment for the Family Literacy Program

    For a Federal payment to the District of Columbia, $4,000,000 for 
the Family Literacy Program to address the needs of literacy-challenged 
parents while endowing their children with an appreciation for literacy 
and strengthening familial ties.

  Federal Payment to the District of Columbia Water and Sewer Authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $50,000,000, to remain available until expended, to begin 
implementing the Combined Sewer Overflow Long-Term Plan: Provided, That 
the District of Columbia Water and Sewer Authority provides a 100 
percent match for the fiscal year 2003 Federal contribution.

Federal Payment for the Anacostia Waterfront Initiative in the District 
                               of Columbia

    For a Federal payment to the District of Columbia for implementation 
of the Anacostia Waterfront Initiative, $5,000,000, to remain available 
until expended, for environmental and infrastructure costs related to 
development of parks and recreation facilities on the Anacostia River.

   Federal Payment to the District of Columbia for Capital Development

    For a Federal payment to the District of Columbia for capital 
development, $10,150,000, to remain available until expended, of which 
$150,000 shall be for renovations at Eastern Market and $10,000,000 
shall be for the Unified Communications Center.

 Federal Payment to the District of Columbia for Public Charter School 
                               Facilities

    For a Federal payment to the District of Columbia for public charter 
school facilities, $17,000,000, to remain available until expended, of 
which $4,000,000 shall be used to supplement the per pupil facilities 
allocation to public charter schools in fiscal year 2003; $5,000,000 
shall be for the direct loan fund for charter school improvement; and 
$8,000,000 shall be for the credit enhancement revolving fund.

[[Page 117 STAT. 113]]

                  TITLE II--DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia, except as otherwise specifically provided: Provided, That 
notwithstanding any other provision of law, except as provided in 
section 450A of the District of Columbia Home Rule Act and section 119 
of this Act (D.C. Official Code, sec. 1-204.50a), the total amount 
appropriated in this Act for operating expenses for the District of 
Columbia for fiscal year 2003 under this heading shall not exceed the 
lesser of the sum of the total revenues of the District of Columbia for 
such fiscal year or $6,944,522,000 (of which $3,618,411,000 shall be 
from local funds, $1,712,498,000 shall be from Federal funds, and 
$873,313,000 shall be from other funds): Provided further, That this 
amount may be increased by proceeds of one-time transactions, which are 
expended for emergency or unanticipated operating or capital needs: 
Provided further, That such increases shall be approved by enactment of 
local District law and shall comply with all reserve requirements 
contained in the District of Columbia Home Rule Act as amended by this 
Act: Provided further, That the Chief Financial Officer of the District 
of Columbia shall take such steps as are necessary to assure that the 
District of Columbia meets these requirements, including the 
apportioning by the Chief Financial Officer of the appropriations and 
funds made available to the District during fiscal year 2003, except 
that the Chief Financial Officer may not reprogram for operating 
expenses any funds derived from bonds, notes, or other obligations 
issued for capital projects.

                   Governmental Direction and Support

    Governmental direction and support, $307,173,000 (including 
$207,971,000 from local funds, $80,854,000 from Federal funds, and 
$18,348,000 from other funds): Provided, That not to exceed $2,500 for 
the Mayor, $2,500 for the Chairman of the Council of the District of 
Columbia, $2,500 for the City Administrator, and $2,500 for the Office 
of the Chief Financial Officer shall be available from this 
appropriation for official purposes: Provided further, That any program 
fees collected from the issuance of debt shall be available for the 
payment of expenses of the debt management program of the District of 
Columbia: Provided further, That no revenues from Federal sources shall 
be used to support the operations or activities of the Statehood 
Commission and Statehood Compact Commission: Provided further, That the 
District of Columbia shall identify the sources of funding for Admission 
to Statehood from its own locally generated revenues: Provided further, 
That notwithstanding any other provision of law, or Mayor's Order 86-45, 
issued March 18, 1986, the Office of the Chief Technology Officer's 
delegated small purchase authority shall be $500,000: Provided further, 
That the District of Columbia government may not require the Office of 
the Chief Technology Officer to submit to any other procurement review 
process, or to obtain the approval of or be restricted in any manner by 
any official or employee of the District of Columbia government, for 
purchases that do

[[Page 117 STAT. 114]]

not exceed $500,000: Provided further, That not to exceed $500,000 of 
the funds in the District of Columbia Antitrust Fund established 
pursuant to section 2 of the District of Columbia Antitrust Act of 1980 
(D.C. Law 3-169; D.C. Official Code, sec. 28-4516), not to exceed 
$100,000 of the funds in the Antifraud Fund established pursuant to 
section 820 of the District of Columbia Procurement Practices Act of 
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-308.20), and not to 
exceed $910,000 of the funds in the District of Columbia Consumer 
Protection Fund established pursuant to section 1402 of the District of 
Columbia Budget Support Act for fiscal year 2001 (D.C. Law 13-172; D.C. 
Official Code, sec. 28-3911) are hereby made available for the use of 
the Office of the Corporation Counsel of the District of Columbia until 
September 30, 2004, in accordance with the laws establishing these 
funds.

                   Economic Development and Regulation

    Economic development and regulation, $244,358,000 (including 
$56,872,000 from local funds, $97,796,000 from Federal funds, and 
$89,690,000 from other funds), of which $15,000,000 collected by the 
District of Columbia in the form of BID tax revenue shall be paid to the 
respective BIDs pursuant to the Business Improvement Districts Act of 
1996 (D.C. Law 11-134; D.C. Official Code, sec. 2-1215.01 et seq.), and 
the Business Improvement Districts Amendment Act of 1997 (D.C. Law 12-
26; D.C. Official Code, sec. 2-1215.15 et seq.): Provided, That such 
funds are available for acquiring services provided by the General 
Services Administration: Provided further, That Business Improvement 
Districts shall be exempt from taxes levied by the District of Columbia: 
Provided further, That $725,000, of which no amount may be expended for 
administrative expenses, shall be available to the Department of 
Employment Services when the Council Committee on Public Services 
approves a spending plan prepared and submitted, by the agency, to the 
Committee on Public Services for its approval.

                        Public Safety and Justice

    Public safety and justice, $622,531,000 (including $602,678,000 from 
local funds, $11,329,000 from Federal funds, and $8,524,000 from other 
funds): Provided, That not to exceed $500,000 shall be available from 
this appropriation for the Chief of Police for the prevention and 
detection of crime: Provided further, That not less than $170,000 shall 
be for the Corrections Information Council, established by section 
11201(g) of the National Capital Revitalization and Self-Government 
Improvement Act of 1997 (D.C. Official Code, sec. 24-101(h)), to support 
its operations and perform its duties: Provided further, That not less 
than $169,000 shall be for the Criminal Justice Coordinating Council, 
established by the Criminal Justice Coordinating Council for the 
District of Columbia Establishment Act of 2001 (D.C. Law 14-28; D.C. 
Official Code, sec. 22-4231 et seq.), to support its operations and 
perform its duties: Provided further, That the Mayor shall reimburse the 
District of Columbia National Guard for expenses incurred in connection 
with services that are performed in emergencies by the National Guard in 
a militia status and are requested by the Mayor, in amounts that shall 
be jointly determined and certified as due and payable for these 
services by the Mayor and the Commanding

[[Page 117 STAT. 115]]

General of the District of Columbia National Guard: Provided further, 
That such sums as may be necessary for reimbursement to the District of 
Columbia National Guard under the preceding proviso shall be available 
from this appropriation, and the availability of the sums shall be 
deemed as constituting payment in advance for emergency services 
involved.

                         Public Education System

                     (including transfers of funds)

    Public education system, including the development of national 
defense education programs, $1,206,169,000 (including $939,174,000 from 
local funds, $208,470,000 from Federal funds, $31,525,000 from other 
funds, and not to exceed $27,000,000 from the Medicaid and Special 
Education Reform Fund established pursuant to the Medicaid and Special 
Education Reform Fund Establishment Act of 2002 (D.C. Act 14-403)), 
$17,000,000 from local funds, previously appropriated in this Act as a 
Federal payment, and such sums as may be derived from interest earned on 
funds contained in the dedicated account established by the Chief 
Financial Officer of the District of Columbia, for resident tuition 
support at public and private institutions of higher learning for 
eligible District of Columbia residents, to be allocated as follows:
            (1) District of columbia public schools.--$902,936,000 
        (including $713,494,000 from local funds, $150,800,000 from 
        Federal funds, $11,642,000 from other funds, and not to exceed 
        $27,000,000 from the Medicaid and Special Education Reform Fund 
        established pursuant to the Medicaid and Special Education 
        Reform Fund Establishment Act of 2002 (D.C. Act 14-403) shall be 
        available for District of Columbia Public Schools: Provided, 
        That notwithstanding any other provision of law, rule, or 
        regulation, the evaluation process and instruments for 
        evaluating District of Columbia Public School employees shall be 
        a non-negotiable item for collective bargaining purposes: 
        Provided further, That this appropriation shall not be available 
        to subsidize the education of any nonresident of the District of 
        Columbia at any District of Columbia public elementary and 
        secondary school during fiscal year 2003 unless the nonresident 
        pays tuition to the District of Columbia at a rate that covers 
        100 percent of the costs incurred by the District of Columbia 
        which are attributable to the education of the nonresident (as 
        established by the Superintendent of the District of Columbia 
        Public Schools): Provided further, That notwithstanding the 
        amounts otherwise provided under this heading or any other 
        provision of law, there shall be appropriated to the District of 
        Columbia Public Schools on July 1, 2003, an amount equal to 10 
        percent of the total amount provided for the District of 
        Columbia Public Schools in the proposed budget of the District 
        of Columbia for fiscal year 2004 (as submitted to Congress), and 
        the amount of such payment shall be chargeable against the final 
        amount provided for the District of Columbia Public Schools 
        under the District of Columbia Appropriations Act, 2004: 
        Provided further, That not to exceed $2,500 for the 
        Superintendent of Schools shall be available from this 
        appropriation for official purposes.
            (2) State education office.--$49,687,000 (including 
        $22,594,000 from local funds, $26,917,000 from Federal funds,

[[Page 117 STAT. 116]]

        and $176,000 from other funds), shall be available for the State 
        Education Office: Provided, That of the amounts provided to the 
        State Education Office, $500,000 from local funds shall remain 
        available until June 30, 2004 for an audit of the student 
        enrollment of each District of Columbia Public School and of 
        each District of Columbia public charter school.
            (3) District of columbia public charter schools.--
        $142,711,000 (including $125,711,000 from local funds and 
        $17,000,000 from Federal funds) shall be available for District 
        of Columbia public charter schools: 
        Provided, <<NOTE: Deadline.>> That there shall be quarterly 
        disbursement of funds to the District of Columbia public charter 
        schools, with the first payment to occur within 15 days of the 
        beginning of the fiscal year: Provided further, That if the 
        entirety of this allocation has not been provided as payments to 
        any public charter school currently in operation through the per 
        pupil funding formula, the funds shall be available for public 
        education in accordance with section 2403(b)(2) of the District 
        of Columbia School Reform Act of 1995 (D.C. Official Code, sec. 
        38-1804.03(b)(2)): Provided further, That of the amounts made 
        available to District of Columbia public charter schools, 
        $25,000 shall be made available to the Office of the Chief 
        Financial Officer as authorized by section 2403(b)(5) of the 
        District of Columbia School Reform Act of 1995 (D.C. Official 
        Code, sec. 38-1804.03(b)(6)): Provided further, That $589,000 of 
        this amount shall be available to the District of Columbia 
        Public Charter School Board for administrative costs: Provided 
        further, That notwithstanding the amounts otherwise provided 
        under this heading or any other provision of law, there shall be 
        appropriated to the District of Columbia public charter schools 
        on July 1, 2003, an amount equal to 25 percent of the total 
        amount provided for payments to public charter schools in the 
        proposed budget of the District of Columbia for fiscal year 2004 
        (as submitted to Congress), and the amount of such payment shall 
        be chargeable against the final amount provided for such 
        payments under the District of Columbia Appropriations Act, 
        2004.
            (4) University of the district of columbia.--$81,180,000 
        (including $49,462,000 from local funds, $12,668,000 from 
        Federal funds, and $19,050,000 from other funds) shall be 
        available for the University of the District of Columbia: 
        Provided, That this appropriation shall not be available to 
        subsidize the education of nonresidents of the District of 
        Columbia at the University of the District of Columbia, unless 
        the Board of Trustees of the University of the District of 
        Columbia adopts, for the fiscal year ending September 30, 2003, 
        a tuition rate schedule that will establish the tuition rate for 
        nonresident students at a level no lower than the nonresident 
        tuition rate charged at comparable public institutions of higher 
        education in the metropolitan area: Provided further, That 
        notwithstanding the amounts otherwise provided under this 
        heading or any other provision of law, there shall be 
        appropriated to the University of the District of Columbia on 
        July 1, 2003, an amount equal to 10 percent of the total amount 
        provided for the University of the District of Columbia in the 
        proposed budget of the District of Columbia for fiscal year 2004 
        (as submitted to Congress), and the amount of such payment shall 
        be chargeable against the final amount provided

[[Page 117 STAT. 117]]

        for the University of the District of Columbia under the 
        District of Columbia Appropriations Act, 2004: Provided further, 
        That not to exceed $2,500 for the President of the University of 
        the District of Columbia shall be available from this 
        appropriation for official purposes.
            (5) District of columbia public libraries.--$27,363,000 
        (including $26,216,000 from local funds, $610,000 from Federal 
        funds, and $537,000 from other funds) shall be available for the 
        District of Columbia Public Libraries: Provided, That not to 
        exceed $2,000 for the Public Librarian shall be available from 
        this appropriation for official purposes.
            (6) Commission on the arts and humanities.--$2,292,000 
        (including $1,697,000 from local funds, $475,000 from Federal 
        funds, and $120,000 from other funds) shall be available for the 
        Commission on the Arts and Humanities.

                         Human Support Services

                      (including transfer of funds)

    Human support services, $2,451,818,000 (including $1,002,284,000 
from local funds, $1,373,680,000 from Federal funds, $52,987,000 from 
other funds, and $22,867,000 from the Medicaid and Special Education 
Reform Fund established pursuant to the Medicaid and Special Education 
Reform Fund Establishment Act of 2002 (D.C. Act 14-403)): Provided, That 
the funds available from the Medicaid and Special Education Reform Fund 
are allocated as follows: $7,072,000 for Child and Family Services, 
$5,795,000 for the Department of Human Services, and $10,000,000 for the 
Department of Mental Health: Provided further, That $27,959,000 of this 
appropriation, to remain available until expended, shall be available 
solely for District of Columbia employees' disability compensation: 
Provided further, That $7,000,000 of this appropriation, to remain 
available until expended, shall be deposited in the Addiction Recovery 
Fund, established pursuant to section 5 of the Choice in Drug Treatment 
Act of 2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3004) and used 
exclusively for the purpose of the Drug Treatment Choice Program 
established pursuant to section 4 of the Choice in Drug Treatment Act of 
2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3003): Provided 
further, That no less than $2,000,000 of this appropriation shall be 
available exclusively for the purpose of funding the pilot substance 
abuse program for youth ages 16 through 21 years established pursuant to 
section 4212 of the Pilot Substance Abuse Program for Youth Act of 2001 
(D.C. Law 14-28; D.C. Official Code, sec. 7-3101): Provided further, 
That $3,209,000 of this appropriation, to remain available until 
expended, shall be deposited in the Interim Disability Assistance Fund 
established pursuant to section 201 of the District of Columbia Public 
Assistance Act of 1982 (D.C. Law 4-101; D.C. Official Code, sec. 4-
202.01), to be used exclusively for the Interim Disability Assistance 
program and the purposes for that program set forth in section 407 of 
the District of Columbia Public Assistance Act of 1982 (D.C. Law 13-252; 
D.C. Official Code, sec. 4-204.07): Provided further, That no less than 
$500,000 of this appropriation shall be available exclusively for the 
Mobile Crisis Intervention Program for Kids: Provided further, That the 
amount available under this heading in Public Law 107-96 for Interim 
Disability Assistance shall remain available until expended: Provided 
further,

[[Page 117 STAT. 118]]

That $37,500,000 in local funds, to remain available until expended, 
shall be deposited in the Medicaid and Special Education Reform Fund.

                              Public Works

    Public works, including rental of one passenger-carrying vehicle for 
use by the Mayor and three passenger-carrying vehicles for use by the 
Council of the District of Columbia and leasing of passenger-carrying 
vehicles, $320,357,000 (including $304,363,000 from local funds, 
$5,669,000 from Federal funds, and $10,325,000 from other funds): 
Provided, That this appropriation shall not be available for collecting 
ashes or miscellaneous refuse from hotels and places of business.

                                 Reserve

    For replacement of funds expended, if any, during fiscal year 2002 
from the budget reserve established pursuant to section 202(j) of the 
District of Columbia Financial Responsibility and Management Assistance 
Act of 1995 (D.C. Official Code, sec. 47-392.02(j)), $70,000,000 from 
local funds.

                 Emergency and Contingency Reserve Funds

    For the emergency reserve fund and the contingency reserve fund 
under section 450A of the District of Columbia Home Rule Act (D.C. 
Official Code, sec. 1-204.50a), such amounts from local funds as are 
necessary to meet the fiscal year 2003 minimum balance requirements for 
such funds under such section.

                     Repayment of Loans and Interest

    For payment of principal, interest, and certain fees directly 
resulting from borrowing by the District of Columbia to fund District of 
Columbia capital projects as authorized by sections 462, 475, and 490 of 
the District of Columbia Home Rule Act (D.C. Official Code, secs. 1-
204.62, 1-204.75, and 1-204.90), $260,951,000 from local funds: 
Provided, That for equipment leases, the Mayor may finance $14,300,000 
of equipment cost, plus cost of issuance not to exceed 2 percent of the 
par amount being financed on a lease purchase basis with a maturity not 
to exceed 5 years.

                 Repayment of General Fund Recovery Debt

    For the purpose of eliminating the $331,589,000 general fund 
accumulated deficit as of September 30, 1990, $39,300,000 from local 
funds, as authorized by section 461(a) of the District of Columbia Home 
Rule Act (D.C. Official Code, sec. 1-204.61(a)).

               Payment of Interest on Short-Term Borrowing

    For payment of interest on short-term borrowing, $1,000,000 from 
local funds.

                      Certificates of Participation

    For principal and interest payments on the District's Certificates 
of Participation, issued to finance the ground lease underlying

[[Page 117 STAT. 119]]

the building located at One Judiciary Square, $7,950,000 from local 
funds.

                        Settlements and Judgments

    For making refunds and for the payment of legal settlements or 
judgments that have been entered against the District of Columbia 
government, $22,822,000: Provided, That this appropriation shall not be 
construed as modifying or affecting the provisions of section 103 of 
this Act.

                             Wilson Building

    For expenses associated with the John A. Wilson Building, $4,194,000 
from local funds.

                          Workforce Investments

    For workforce investments, $48,186,000 from local funds, to be 
transferred by the Mayor of the District of Columbia within the various 
appropriation headings in this Act for which employees are properly 
payable.

                         Non-Departmental Agency

    To account for anticipated costs that cannot be allocated to 
specific agencies during the development of the proposed budget, 
including anticipated employee health insurance cost increases and 
contract security costs, $5,799,000 from local funds.

                  Emergency Planning and Security Costs

    For necessary expenses, as determined by the Mayor of the District 
of Columbia in written consultation with the elected county or city 
officials of surrounding jurisdictions, $15,000,000, from funds 
previously appropriated in this Act as a Federal payment, to remain 
available until expended, to reimburse the District of Columbia for the 
costs of public safety expenses related to security events in the 
District of Columbia and for the costs of providing support to respond 
to immediate and specific terrorist threats or attacks in the District 
of Columbia or surrounding jurisdictions: Provided, That any 
amount <<NOTE: President.>> provided under this heading shall be 
available only after notice of its proposed use has been transmitted by 
the President to Congress and such amount has been apportioned pursuant 
to chapter 15 of title 31, United States Code.

                       ENTERPRISE AND OTHER FUNDS

                        Water and Sewer Authority

    For operation of the Water and Sewer Authority, $253,743,000 from 
other funds, of which $43,800,000 shall be apportioned for repayment of 
loans and interest incurred for capital improvement projects 
($18,094,000 payable to the District's debt service fund and $25,706,000 
payable for other debt service).
    For construction projects, $392,458,000, to be distributed as 
follows: $213,669,000 for the Blue Plains Wastewater Treatment

[[Page 117 STAT. 120]]

Plant, $24,539,000 for the sewer program, $56,561,000 for the combined 
sewer program, $50,000,000 Federal payment for the Combined Sewer 
Overflow Long-Term Plan, $5,635,000 for the stormwater program, 
$34,054,000 for the water program, and $8,000,000 for the capital 
equipment program: Provided, <<NOTE: Applicability.>> That the 
requirements and restrictions that are applicable to general fund 
capital improvement projects and set forth in this Act under the Capital 
Outlay appropriation account shall apply to projects approved under this 
appropriation account.

                           Washington Aqueduct

    For operation of the Washington Aqueduct, $57,847,000 from other 
funds.

              Stormwater Permit Compliance Enterprise Fund

    For operation of the Stormwater Permit Compliance Enterprise Fund, 
$3,100,000 from other funds.

              Lottery and Charitable Games Enterprise Fund

    For the Lottery and Charitable Games Enterprise Fund, established by 
the District of Columbia Appropriation Act, 1982, for the purpose of 
implementing the Law to Legalize Lotteries, Daily Numbers Games, and 
Bingo and Raffles for Charitable Purposes in the District of Columbia 
(D.C. Law 3-172; D.C. Official Code, sec. 3-1301 et seq. and sec. 22-
1716 et seq.), $232,881,000: Provided, That the District of Columbia 
shall identify the source of funding for this appropriation title from 
the District's own locally generated revenues: Provided further, That no 
revenues from Federal sources shall be used to support the operations or 
activities of the Lottery and Charitable Games Control Board.

                   Sports and Entertainment Commission

    For the Sports and Entertainment Commission, $20,510,000, of which 
$15,510,000 is from other funds and $5,000,000 is from Federal funds 
appropriated earlier in this Act as a Federal Payment for the Anacostia 
Waterfront Initiative.

                  District of Columbia Retirement Board

    For the District of Columbia Retirement Board, established pursuant 
to section 121 of the District of Columbia Retirement Reform Act of 1979 
(D.C. Official Code, sec. 1-711), $13,388,000 from the earnings of the 
applicable retirement funds to pay legal, management, investment, and 
other fees and administrative expenses of the District of 
Columbia <<NOTE: Reports.>>  Retirement Board: Provided, That the 
District of Columbia Retirement Board shall provide to the Congress and 
to the Council of the District of Columbia a quarterly report of the 
allocations of charges by fund and of expenditures of all funds: 
Provided further, That the District of Columbia Retirement Board shall 
provide the Mayor, for transmittal to the Council of the District of 
Columbia, an itemized accounting of the planned use of appropriated 
funds in time for each annual budget submission and the actual use of 
such funds in time for each annual audited financial report.

[[Page 117 STAT. 121]]

              Washington Convention Center Enterprise Fund

    For the Washington Convention Center Enterprise Fund, $78,700,000 
from other funds.

               National Capital Revitalization Corporation

    For the National Capital Revitalization Corporation, $6,745,000 from 
other funds.

                             Capital Outlay

                         (including rescissions)

    For construction projects, an increase of $925,011,000, of which 
$555,097,000 shall be from local funds, $48,132,000 from Highway Trust 
funds, and $321,782,000 from Federal funds, and a rescission of 
$253,991,000 from local funds appropriated under this heading in prior 
fiscal years, for a net amount of $671,020,000, to remain available 
until expended: Provided, That funds for use of each capital project 
implementing agency shall be managed and controlled in accordance with 
all procedures and limitations established under the Financial 
Management System: Provided further, That all funds provided by this 
appropriation title shall be available only for the specific projects 
and purposes intended: Provided further, That the District of Columbia 
Public Libraries shall allocate capital funds, from existing resources, 
in fiscal year 2003 for the planning and design of a new Francis Gregory 
Public Library.

                      TITLE III--GENERAL PROVISIONS

    Sec. 101. Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 102. Appropriations in this Act shall be available for expenses 
of travel and for the payment of dues of organizations concerned with 
the work of the District of Columbia government, when authorized by the 
Mayor: Provided, That in the case of the Council of the District of 
Columbia, funds may be expended with the authorization of the Chairman 
of the Council.
    Sec. 103. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government: Provided, That 
nothing contained in this section shall be construed as modifying or 
affecting the provisions of section 11(c)(3) of title XII of the 
District of Columbia Income and Franchise Tax Act of 1947 (D.C. Official 
Code, sec. 47-1812.11(c)(3)).
    Sec. 104. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 105. No funds appropriated in this Act for the District of 
Columbia government for the operation of educational institutions, the 
compensation of personnel, or for other educational purposes may be used 
to permit, encourage, facilitate, or further partisan political 
activities. Nothing herein is intended to prohibit

[[Page 117 STAT. 122]]

the availability of school buildings for the use of any community or 
partisan political group during non-school hours.
    Sec. 106. None of the funds appropriated in this Act shall be made 
available to pay the salary of any employee of the District of Columbia 
government whose name, title, grade, and salary are not available for 
inspection by the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Government Reform of the 
House of Representatives, the Committee on Governmental Affairs of the 
Senate, and the Council of the District of Columbia, or their duly 
authorized representative.
    Sec. 107. (a) Except as provided in subsection (b), no part of this 
appropriation shall be used for publicity or propaganda purposes or 
implementation of any policy including boycott designed to support or 
defeat legislation pending before Congress or any State legislature.
    (b) The District of Columbia may use local funds provided in this 
Act to carry out lobbying activities on any matter other than--
            (1) the promotion or support of any boycott; or
            (2) statehood for the District of Columbia or voting 
        representation in Congress for the District of Columbia.

    (c) Nothing in this section may be construed to prohibit any elected 
official from advocating with respect to any of the issues referred to 
in subsection (b).
    Sec. 108. At the start of fiscal year 2003 and any subsequent fiscal 
year, the Mayor shall develop an annual plan, by quarter and by project, 
for capital outlay borrowings: Provided, <<NOTE: Reports.>> That within 
a reasonable time after the close of each quarter, the Mayor shall 
report to the Council of the District of Columbia and the Committees on 
Appropriations of the House of Representatives and Senate the actual 
borrowings and spending progress compared with projections.

    Sec. 109. <<NOTE: Notifications.>> (a) None of the funds provided 
under this Act to the agencies funded by this Act, both Federal and 
District government agencies, that remain available for obligation or 
expenditure in fiscal year 2003, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for an agency through a reprogramming of funds 
which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) reestablishes any program or project previously deferred 
        through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in excess 
        of $1,000,000 or 10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a 
        specific program, project or responsibility center,

unless the Committees on Appropriations of the House of Representatives 
and Senate are notified in writing 30 days in advance of the 
reprogramming.

[[Page 117 STAT. 123]]

    (b) None of the local funds contained in this Act may be available 
for obligation or expenditure for an agency through a transfer of any 
local funds from one appropriation heading to another unless the 
Committees on Appropriations of the House of Representatives and Senate 
are notified in writing 30 days in advance of the transfer, except that 
in no event may the amount of any funds transferred exceed 4 percent of 
the local funds in the appropriation.
    Sec. 110. <<NOTE: Applicability.>> Consistent with the provisions of 
section 1301(a) of title 31, United States Code, appropriations under 
this Act shall be applied only to the objects for which the 
appropriations were made except as otherwise provided by law.

    Sec. 111. <<NOTE: Applicability.>> Notwithstanding any other 
provisions of law, the provisions of the District of Columbia Government 
Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Official 
Code, sec. 1-601.01 et seq.), enacted pursuant to section 422(3) of the 
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.22(3)), shall apply with respect to the compensation of District of 
Columbia employees: Provided, That for pay purposes, employees of the 
District of Columbia government shall not be subject to the provisions 
of title 5, United States Code.

    Sec. 112. <<NOTE: Deadline. Reports.>> No later than 30 days after 
the end of the first quarter of fiscal year 2003, the Mayor of the 
District of Columbia shall submit to the Council of the District of 
Columbia and the Committees on Appropriations of the House of 
Representatives and Senate the new fiscal year 2003 revenue estimates as 
of the end of such quarter. These estimates shall be used in the budget 
request for fiscal year 2004. The officially revised estimates at 
midyear shall be used for the midyear report.

    Sec. 113. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended without 
opening that contract to the competitive bidding process as set forth in 
section 303 of the District of Columbia Procurement Practices Act of 
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), except that the 
District of Columbia government or any agency thereof may renew or 
extend sole source contracts for which competition is not feasible or 
practical, but only if the determination as to whether to invoke the 
competitive bidding process has been made in accordance with duly 
promulgated rules and procedures and has been reviewed and certified by 
the Chief Financial Officer of the District of Columbia.
    Sec. 114. (a) <<NOTE: Deadline.>> In the event a sequestration order 
is issued pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985 after the amounts appropriated to the District of Columbia 
for the fiscal year involved have been paid to the District of Columbia, 
the Mayor of the District of Columbia shall pay to the Secretary of the 
Treasury, within 15 days after receipt of a request therefor from the 
Secretary of the Treasury, such amounts as are sequestered by the order: 
Provided, <<NOTE: Applicability.>> That the sequestration percentage 
specified in the order shall be applied proportionately to each of the 
Federal appropriation accounts in this Act that are not specifically 
exempted from sequestration by such Act.

    (b) <<NOTE: Applicability.>> For purposes of the Balanced Budget and 
Emergency Deficit Control Act of 1985, the term ``program, project, and 
activity'' shall be synonymous with and refer specifically to each 
account appropriating Federal funds in this Act, and any sequestration 
order shall be applied to each of the accounts rather than to the 
aggregate total of those accounts: Provided, That sequestration orders 
shall

[[Page 117 STAT. 124]]

not be applied to any account that is specifically exempted from 
sequestration by the Balanced Budget and Emergency Deficit Control Act 
of 1985.

    Sec. 115. (a)(1) An entity of the District of Columbia government 
may accept and use a gift or donation during fiscal year 2003 and any 
subsequent fiscal year if--
            (A) the Mayor approves the acceptance and use of the gift or 
        donation (except as provided in paragraph (2)); and
            (B) the entity uses the gift or donation to carry out its 
        authorized functions or duties.

    (2) The Council of the District of Columbia and the District of 
Columbia courts may accept and use gifts without prior approval by the 
Mayor.
    (b) <<NOTE: Records. Public information.>> Each entity of the 
District of Columbia government shall keep accurate and detailed records 
of the acceptance and use of any gift or donation under subsection (a), 
and shall make such records available for audit and public inspection.

    (c) For the purposes of this section, the term ``entity of the 
District of Columbia government'' includes an independent agency of the 
District of Columbia.
    (d) This section shall not apply to the District of Columbia Board 
of Education, which may, pursuant to the laws and regulations of the 
District of Columbia, accept and use gifts to the public schools without 
prior approval by the Mayor.
    Sec. 116. None of the Federal funds provided in this Act may be used 
by the District of Columbia to provide for salaries, expenses, or other 
costs associated with the offices of United States Senator or United 
States Representative under section 4(d) of the District of Columbia 
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; 
D.C. Official Code, sec. 1-123).
    Sec. 117. <<NOTE: Abortion.>> None of the funds appropriated under 
this Act shall be expended for any abortion except where the life of the 
mother would be endangered if the fetus were carried to term or where 
the pregnancy is the result of an act of rape or incest.

    Sec. 118. <<NOTE: Domestic partners.>> None of the Federal funds 
made available in this Act may be used to implement or enforce the 
Health Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. 
Official Code, sec. 32-701 et seq.) or to otherwise implement or enforce 
any system of registration of unmarried, cohabiting couples, including 
but not limited to registration for the purpose of extending employment, 
health, or governmental benefits to such couples on the same basis that 
such benefits are extended to legally married couples.

    Sec. 119. (a) Notwithstanding any other provision of this Act, the 
Mayor, in consultation with the Chief Financial Officer of the District 
of Columbia may accept, obligate, and expend Federal, private, and other 
grants received by the District government that are not reflected in the 
amounts appropriated in this Act.
    (b) No such Federal, private, or other grant may be accepted, 
obligated, or expended pursuant to subsection (a) until--
            (1) <<NOTE: Reports.>> the Chief Financial Officer of the 
        District of Columbia submits to the Council a report setting 
        forth detailed information regarding such grant; and
            (2) <<NOTE: Deadline.>> the Council within 15 calendar days 
        after receipt of the report submitted under paragraph (1) has 
        reviewed and approved the acceptance, obligation, and 
        expenditure of such grant.

[[Page 117 STAT. 125]]

    (c) No amount may be obligated or expended from the general fund or 
other funds of the District of Columbia government in anticipation of 
the approval or receipt of a grant under subsection (b)(2) or in 
anticipation of the approval or receipt of a Federal, private, or other 
grant not subject to such subsection.
    (d) <<NOTE: Reports.>> The Chief Financial Officer of the District 
of Columbia shall prepare a quarterly report setting forth detailed 
information regarding all Federal, private, and other grants subject to 
this section. <<NOTE: Deadline.>> Each such report shall be submitted to 
the Council of the District of Columbia and to the Committees on 
Appropriations of the House of Representatives and Senate not later than 
15 days after the end of the quarter covered by the report.

    Sec. 120. (a) Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only in 
the performance of the officer's or employee's official duties. For 
purposes of this paragraph, the term ``official duties'' does not 
include travel between the officer's or employee's residence and 
workplace, except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or is 
        otherwise designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day;
            (3) the Mayor of the District of Columbia; and
            (4) the Chairman of the Council of the District of Columbia.

    (b) <<NOTE: Deadline. Records.>> The Chief Financial Officer of the 
District of Columbia shall submit by March 1, 2003 an inventory, as of 
September 30, 2002, of all vehicles owned, leased or operated by the 
District of Columbia government. The inventory shall include, but not be 
limited to, the department to which the vehicle is assigned; the year 
and make of the vehicle; the acquisition date and cost; the general 
condition of the vehicle; annual operating and maintenance costs; 
current mileage; and whether the vehicle is allowed to be taken home by 
a District officer or employee and if so, the officer or employee's 
title and resident location.

    Sec. 121. No officer or employee of the District of Columbia 
government (including any independent agency of the District of 
Columbia, but excluding the Office of the Chief Technology Officer, the 
Office of the Chief Financial Officer of the District of Columbia, and 
the Metropolitan Police Department) may enter into an agreement in 
excess of $2,500 for the procurement of goods or services on behalf of 
any entity of the District government until the officer or employee has 
conducted an analysis of how the procurement of the goods and services 
involved under the applicable regulations and procedures of the District 
government would differ from the procurement of the goods and services 
involved under the Federal supply schedule and other applicable 
regulations and procedures of the General Services Administration, 
including an analysis of any differences in the costs to be incurred and 
the time required to obtain the goods or services.
    Sec. 122. None of the funds contained in this Act may be used for 
purposes of the annual independent audit of the District of Columbia 
government for fiscal year 2003 unless--

[[Page 117 STAT. 126]]

            (1) the audit is conducted by the Inspector General of the 
        District of Columbia, in coordination with the Chief Financial 
        Officer of the District of Columbia, pursuant to section 
        208(a)(4) of the District of Columbia Procurement Practices Act 
        of 1985 (D.C. Official Code, sec. 2-302.8); and
            (2) the audit includes as a basic financial statement a 
        comparison of audited actual year-end results with the revenues 
        submitted in the budget document for such year and the 
        appropriations enacted into law for such year using the format, 
        terminology, and classifications contained in the law making the 
        appropriations for the year and its legislative history.

    Sec. 123. (a) None of the funds contained in this Act may be used by 
the District of Columbia Corporation Counsel or any other officer or 
entity of the District government to provide assistance for any petition 
drive or civil action which seeks to require Congress to provide for 
voting representation in Congress for the District of Columbia.
    (b) Nothing in this section bars the District of Columbia 
Corporation Counsel from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.
    Sec. 124. (a) None of the funds contained in this Act may be used 
for any program of distributing sterile needles or syringes for the 
hypodermic injection of any illegal drug.
    (b) Any individual or entity who receives any funds contained in 
this Act and who carries out any program described in subsection (a) 
shall account for all funds used for such program separately from any 
funds contained in this Act.
    Sec. 125. None of the funds contained in this Act may be used after 
the expiration of the 60-day period that begins on the date of the 
enactment of this Act to pay the salary of any chief financial officer 
of any office of the District of Columbia government (including any 
independent agency of the District of Columbia) who has not filed a 
certification with the Mayor and the Chief Financial Officer of the 
District of Columbia that the officer understands the duties and 
restrictions applicable to the officer and the officer's agency as a 
result of this Act (and the amendments made by this Act), including any 
duty to prepare a report requested either in the Act or in any of the 
reports accompanying the Act and the deadline by which each report must 
be submitted. <<NOTE: Deadline. Reports.>> The Chief Financial Officer 
of the District of Columbia shall provide to the Committees on 
Appropriations of the House of Representatives and Senate by the 10th 
day after the end of each quarter a summary list showing each report, 
the due date, and the date submitted to the Committees.

    Sec. 126. <<NOTE: Drugs and drug abuse.>> (a) None of the funds 
contained in this Act may be used to enact or carry out any law, rule, 
or regulation to legalize or otherwise reduce penalties associated with 
the possession, use, or distribution of any schedule I substance under 
the Controlled Substances Act (21 U.S.C. 802) or any 
tetrahydrocannabinols derivative.

    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.
    Sec. 127. <<NOTE: Contraceptives.>> Nothing in this Act may be 
construed to prevent the Council or Mayor of the District of Columbia 
from addressing

[[Page 117 STAT. 127]]

the issue of the provision of contraceptive coverage by health insurance 
plans, but it is the intent of Congress that any legislation enacted on 
such issue should include a ``conscience clause'' which provides 
exceptions for religious beliefs and moral convictions.

    Sec. 128. (a) If the Superior Court of the District of Columbia or 
the District of Columbia Court of Appeals does not make a payment 
described in subsection (b) prior to the expiration of the 45-day period 
which begins on the date the Court receives a completed voucher for a 
claim for the payment, interest shall be assessed against the amount of 
the payment which would otherwise be made to take into account the 
period which begins on the day after the expiration of such 45-day 
period and which ends on the day the Court makes the payment.
    (b) A payment described in this subsection is--
            (1) a payment authorized under section 11-2604 and section 
        11-2605, D.C. Official Code (relating to representation provided 
        under the District of Columbia Criminal Justice Act);
            (2) a payment for counsel appointed in proceedings in the 
        Family Court of the Superior Court of the District of Columbia 
        under chapter 23 of title 16, D.C. Official Code; or
            (3) a payment for counsel authorized under section 21-2060, 
        D.C. Official Code (relating to representation provided under 
        the District of Columbia Guardianship, Protective Proceedings, 
        and Durable Power of Attorney Act of 1986).

    (c) <<NOTE: Standards. Publication.>> The chief judges of the 
Superior Court of the District of Columbia and the District of Columbia 
Court of Appeals shall establish standards and criteria for determining 
whether vouchers submitted for claims for payments described in 
subsection (b) are complete, and shall publish and make such standards 
and criteria available to attorneys who practice before such Courts.

    (d) Nothing in this section shall be construed to require the 
assessment of interest against any claim (or portion of any claim) which 
is denied by the Court involved.
    (e) <<NOTE: Applicability.>> This section shall apply with respect 
to claims received by the Superior Court of the District of Columbia or 
the District of Columbia Court of Appeals during fiscal year 2003 and 
any subsequent fiscal year.

    Sec. 129. <<NOTE: Reports.>> The Mayor of the District of Columbia 
shall submit to the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Government Reform of the 
House of Representatives, and the Committee on Governmental Affairs of 
the Senate quarterly reports addressing the following issues--
            (1) crime, including the homicide rate, implementation of 
        community policing, the number of police officers on local 
        beats, and the closing down of open-air drug markets;
            (2) access to substance and alcohol abuse treatment, 
        including the number of treatment slots, the number of people 
        served, the number of people on waiting lists, and the 
        effectiveness of treatment programs;
            (3) management of parolees and pre-trial violent offenders, 
        including the number of halfway house escapes and steps taken to 
        improve monitoring and supervision of halfway house residents to 
        reduce the number of escapes to be provided in consultation with 
        the Court Services and Offender Supervision Agency for the 
        District of Columbia;

[[Page 117 STAT. 128]]

            (4) education, including access to special education 
        services and student achievement to be provided in consultation 
        with the District of Columbia Public Schools and the District of 
        Columbia public charter schools;
            (5) improvement in basic District services, including rat 
        control and abatement;
            (6) application for and management of Federal grants, 
        including the number and type of grants for which the District 
        was eligible but failed to apply and the number and type of 
        grants awarded to the District but for which the District failed 
        to spend the amounts received; and
            (7) indicators of child well-being.

    Sec. 130. <<NOTE: Deadline. Budget.>> No later than 30 calendar days 
after the date of the enactment of this Act, the Chief Financial Officer 
of the District of Columbia shall submit to the appropriate committees 
of Congress, the Mayor, and the Council of the District of Columbia a 
revised appropriated funds operating budget in the format of the budget 
that the District of Columbia government submitted pursuant to section 
442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 
1-204.42), for all agencies of the District of Columbia government for 
fiscal year 2003 that is in the total amount of the approved 
appropriation and that realigns all budgeted data for personal services 
and other-than-personal-services, respectively, with anticipated actual 
expenditures.

    Sec. 131. None of the funds contained in this Act may be used to 
issue, administer, or enforce any order by the District of Columbia 
Commission on Human Rights relating to docket numbers 93-030-(PA) and 
93-031-(PA).
    Sec. 132. None of the Federal funds made available in this Act may 
be transferred to any department, agency, or instrumentality of the 
United States Government, except pursuant to a transfer made by, or 
transfer authority provided in, this Act or any other appropriation Act.
    Sec. 133. In addition to any other authority to pay claims and 
judgments, any department, agency, or instrumentality of the District 
government may pay the settlement or judgment of a claim or lawsuit in 
an amount less than $10,000, in accordance with the Risk Management for 
Settlements and Judgments Amendment Act of 2000 (D.C. Law 13-172; D.C. 
Official Code, sec. 2-402).
    Sec. 134. All funds from the Crime Victims Compensation Fund, 
established pursuant to section 16 of the Victims of Violent Crime 
Compensation Act of 1996 (D.C. Law 11-243; D.C. Official Code, sec. 4-
514) (``Compensation Act''), that are designated for outreach activities 
pursuant to section 16(d)(2) of the Compensation Act shall be deposited 
in the Crime Victims Assistance Fund, established pursuant to section 
16a of the Compensation Act, for the purpose of outreach activities, and 
shall remain available until expended.
    Sec. 135. Notwithstanding any other law, the District of Columbia 
Courts shall transfer to the general treasury of the District of 
Columbia all fines levied and collected by the Courts in cases charging 
Driving Under the Influence and Driving While Impaired. The transferred 
funds shall remain available until expended and shall be used by the 
Office of the Corporation Counsel for enforcement and prosecution of 
District traffic alcohol laws

[[Page 117 STAT. 129]]

in accordance with section 10(b)(3) of the District of Columbia Traffic 
Control Act (D.C. Official Code, sec. 50-2201.05(b)(3)).
    Sec. 136. Section 47-363(a-1) of the District of Columbia Official 
Code is amended by adding at the end the following new paragraph:
            ``(3)(A) After the adoption of the annual budget for a 
        fiscal year that is not a control year, no reprogramming of 
        amounts in the budget may occur unless--
                    ``(i) the Mayor submits a request for such 
                reprogramming to the Council and the Chief Financial 
                Officer of the District of Columbia;
                    ``(ii) the Chief Financial Officer transmits to the 
                Council a statement certifying the availability of funds 
                for the reprogramming and containing an analysis of the 
                effect of the reprogramming on the financial plan and 
                budget for the fiscal year; and
                    ``(iii) the Council approves the request after 
                receiving the statement described in clause (ii), but 
                only if any additional expenditures provided under the 
                request are offset by reductions in expenditures for 
                another activity.
            ``(B) If the Chief Financial Officer does not transmit to 
        the Council the statement described in subparagraph (A)(ii) 
        during the 15-day period which begins on the date the Chief 
        Financial Officer receives the request for the reprogramming 
        from the Mayor, the Chief Financial Officer shall be deemed to 
        have transmitted the statement to the Council. Upon written 
        notice to the Mayor and Council, the Chief Financial Officer may 
        extend the time period to transmit the statement and analysis to 
        the Council, not to exceed 10 additional days.
            ``(C) In this paragraph, the term `control year' has the 
        meaning given such term in section 305(4) of the District of 
        Columbia Financial Responsibility and Management Assistance Act 
        of 1995 (D.C. Official Code, sec. 47-393(4)).''.

    Sec. 137. From the local funds appropriated under this Act, any 
agency of the District government may transfer to the Office of Labor 
Relations and Collective Bargaining (OLRCB) such amounts as may be 
necessary to pay for representation by OLRCB in third-party cases, 
grievances, and dispute resolution, pursuant to an intra-District 
agreement with OLRCB. These amounts shall be available for use by OLRCB 
to reimburse the cost of providing the representation.
    Sec. 138. (a) Section 9001(1) of title 5, United States Code, is 
amended by adding before the period ``(other than an employee of the 
District of Columbia Courts)''.
    (b) Section 11-1726, District of Columbia Code, is amended as 
follows:
            (1) in subsection (b)(1), by adding at the end: ``(F) 
        Chapter 90 (relating to long-term care insurance).''.
            (2) in subsection (c)(1), by adding at the end: ``(D) 
        Chapter 90 (relating to long-term care insurance).''.

    Sec. 139. Of the amount appropriated as a Federal payment to the 
District of Columbia Courts in the District of Columbia Appropriations 
Act, 2002, that remain available through September 30, 2003, $560,000 
are hereby transferred to the District of Columbia Child and Family 
Services Agency for child abuse services.

[[Page 117 STAT. 130]]

    Sec. 140. <<NOTE: Deadline. Reports.>> No later than June 2, 2003, 
the Comptroller General shall prepare and submit to the Committees on 
Appropriations of the House of Representatives and Senate, a detailed 
analysis of the national effort to establish adequate charter school 
facilities including a comparison to the efforts in the District of 
Columbia.

    Sec. 141. The Mayor of the District of Columbia and the Chairman of 
the Council of the District of Columbia, in consultation with the 
General Services Administration, shall conduct an assessment of all 
buildings currently held in surplus and those that might be made 
available within 1 year of the date of enactment of this Act: Provided, 
That such assessment include a survey of the space available, a listing 
of appropriate uses, a listing of potential occupants, and the 
renovations or construction necessary to accommodate proposed uses: 
Provided further, <<NOTE: Reports.>> That within 180 days of enactment, 
the Mayor shall report to the Committees on Appropriations of the House 
of Representatives and Senate the findings of such assessment along with 
a plan for occupying at least 50 percent of the space available at the 
time such report is submitted: Provided further, That assignments of 
space included in this plan shall be in compliance with preferences 
outlined in the D.C. School Reform Act.

    Sec. 142. <<NOTE: Deadline.>> The Mayor of the District of Columbia, 
in administering funds provided under the heading ``Federal Payment for 
Incentives for Adoption of Children'' in Public Law 106-113, as modified 
by Public Law 107-96, shall establish and fulfill the following 
performance measures within nine months of the date of enactment of this 
Act: <<NOTE: Certification.>> (i) the Chief Financial Officer of the 
District of Columbia shall certify that not less than 50 percent of the 
funds provided for attorney fees and home studies have been expended; 
(ii) the Mayor shall establish an outreach program to inform adoptive 
families and children without parents about the scholarship fund 
established with these funds; (iii) the Mayor shall establish the 
location, necessary personnel and mission of the adoptive family 
resource center in the District of Columbia; (iv) the Mayor shall 
identify not less than 25 percent of the eligible children in the 
District of Columbia foster care system with special needs and obligate 
not less than 25 percent of the funds provided in Public Law 106-113 for 
adoption incentives and support for children with special needs: 
Provided, <<NOTE: Reports.>> That the Mayor of the District of Columbia 
and the Chairman of the Council of the District of Columbia shall 
provide quarterly reports beginning on the date of enactment of this Act 
to the Committees on Appropriations of the House of Representatives and 
Senate, detailing the expenditure of funds provided for the promotion of 
adoption and performance in actually promoting adoption; and (v) the 
Mayor and Child and Family Services Agency of the District of Columbia 
shall increase the number of waiting children listed in the Child and 
Family Services Agency of the District of Columbia adoption photo-
listing by 75 percent.

    Sec. 143. (a)(1) <<NOTE: Establishment.>> There is established 
within the District of Columbia, under the authority of the Department 
of Banking and Financial Institutions, an Office of Public Charter 
School Financing and Support.

    (2) The Office shall have the following three functions:

[[Page 117 STAT. 131]]

            (A) To administer the credit enhancement fund for public 
        charter schools under section 603(e) of the Student Loan 
        Marketing Association Reorganization Act of 1996, subject to the 
        provisions of such section.
            (B) To administer the Direct Loan Fund for Charter School 
        Improvement under subsection (b), subject to the provisions of 
        such subsection.
            (C) To develop, implement and provide oversight for other 
        public charter school financing programs and support services as 
        requested by the Mayor and the Council of the District of 
        Columbia.

    (3) The functions described in paragraph (2) may be provided by the 
Office directly or under contract with a qualified provider.
    (b)(1) There is established within the District of Columbia a Direct 
Loan Fund for Charter School Improvement.
    (2) The Direct Loan Fund for Charter School Improvement shall be 
administered by the Office of Charter School Financing and Support, 
except that no loan may be made under this subsection without the 
approval of the committee described in section 603(e)(3)(C)(iii) of the 
Student Loan Marketing Association Reorganization Act of 1996 (20 U.S.C. 
1155(e)(3)(C)(iii)).
    (3) Funds distributed under this subsection shall be for 
construction, purchase, renovation, and maintenance of charter school 
facilities.
    (4) Loans distributed under this subsection shall not exceed 
$2,000,000 per charter school.
    (5) The Office of Charter School Financing and Support shall 
determine what interest rates and terms apply to loans granted under 
this subsection. In determining the rates and terms of a loan granted to 
a charter school, the Office of Charter School Financing and Support 
should do its best to provide low interest options and flexible terms.
    (6) To be eligible for a loan under this subsection, an applicant 
shall be a public charter school with a charter in effect pursuant to 
the District of Columbia School Reform Act of 1995 which meets or 
exceeds its performance goals as outlined in its originating charter.
    (7) In repaying a loan granted under this subsection, a debtor may 
use facility maintenance funds granted to them by the District of 
Columbia Public Schools.
    (c) Section 603(e)(3) of the Student Loan Marketing Association 
Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)) is amended--
            (1) in subparagraph (B)(ii) and subparagraph (C)(iii), by 
        striking ``The Mayor'' and inserting ``Subject to subparagraph 
        (F), the Mayor''; and
            (2) by adding at the end the following new subparagraph:
                    ``(F) Role of Office of Public Charter School 
                Financing and Support.--During fiscal year 2003 and each 
                succeeding fiscal year, the Office of Public Charter 
                School Financing and Support shall be responsible for 
                receiving applications, making payments, and otherwise 
                administering this paragraph, except that no grant may 
                be made under this paragraph without the approval of the 
                committee described in subparagraph (C)(iii).''.

    Sec. 144. None of the funds contained in this Act may be made 
available to pay--

[[Page 117 STAT. 132]]

            (1) the fees of an attorney who represents a party in an 
        action or an attorney who defends any action, including an 
        administrative proceeding, brought against the District of 
        Columbia Public Schools under the Individuals with Disabilities 
        Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for 
        that action; or
            (2) the fees of an attorney or firm whom the Chief Financial 
        Officer of the District of Columbia determines to have a 
        pecuniary interest, either through an attorney, officer or 
        employee of the firm, in any special education diagnostic 
        services, schools, or other special education service providers.

    Sec. 145. <<NOTE: Certification.>> The Chief Financial Officer of 
the District of Columbia shall require attorneys in special education 
cases brought under the Individuals with Disabilities Act (IDEA) in the 
District of Columbia to certify in writing that the attorney or 
representative rendered any and all services for which they receive 
awards, including those received under a settlement agreement or as part 
of an administrative proceeding, under the IDEA from the District of 
Columbia: Provided, That as part of the certification, the Chief 
Financial Officer of the District of Columbia require all attorneys in 
IDEA cases to disclose any financial, corporate, legal, memberships on 
boards of directors, or other relationships with any special education 
diagnostic services, schools, or other special education service 
providers to which the attorneys have referred any clients as part of 
this certification: Provided further, <<NOTE: Reports.>> That the Chief 
Financial Officer shall prepare and submit quarterly reports to the 
Committees on Appropriations of the Senate and the House of 
Representatives on the certification of and the amount paid by the 
government of the District of Columbia, including the District of 
Columbia Public Schools, to attorneys in cases brought under IDEA: 
Provided further, That the Inspector General of the District of Columbia 
may conduct investigations to determine the accuracy of the 
certifications.

    Sec. 146. (a) Section 2403(b) of the District of Columbia School 
Reform Act of 1995 (sec. 38-1804.03(b), D.C. Official Code) is amended 
to read as follows:
    ``(b) Payment to Charter Schools From Charter School Fund.--
            ``(1) Establishment of fund.--The `New Charter School Fund', 
        as established in the general fund of the District of Columbia 
        prior to the date of the enactment of the District of Columbia 
        Appropriations Act, 2003, shall be redesignated as the `Charter 
        School Fund'.
            ``(2) Contents of fund.--The Charter School Fund shall 
        consist of the following amounts:
                    ``(A) Unexpended and unobligated amounts 
                appropriated from local funds for public charter schools 
                for any fiscal year that reverted to the general fund of 
                the District of Columbia, but only to the extent that 
                the balance of the Charter School Fund for the fiscal 
                year involved is less than--
                          ``(i) $10,000,000, in the case of fiscal year 
                      2002; or
                          ``(ii) $5,000,000, in the case of fiscal year 
                      2003 and each succeeding fiscal year.
                    ``(B) Any interest earned on such amounts.

[[Page 117 STAT. 133]]

            ``(3) Expenditures from fund.--Amounts in the Charter School 
        Fund shall be used to make payments during a fiscal year to any 
        public charter school operating in the District of Columbia 
        during the fiscal year whose total audited enrollment (including 
        enrollment in special needs categories) exceeds the student 
        enrollment which served as the basis for determining the 
        school's annual payment under this Act for the year.
            ``(4) Form of payment.--Payments under this subsection shall 
        be made by electronic funds transfer from the Charter School 
        Fund to a bank designated by a public charter school.
            ``(5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Chief Financial Officer of the 
        District of Columbia such sums as may be necessary to carry out 
        this subsection for each fiscal year.''.

    (b) <<NOTE: Deadline.>> Notwithstanding any other provision of law, 
$5,000,000 from the Charter School Fund established pursuant to section 
2403(b) of the District of Columbia School Reform Act of 1995 (D.C. 
Official Code, sec. 38-1804.03(b)), as amended by subsection (a), shall 
be deposited not later than 15 days after the date of the enactment of 
this Act into the credit enhancement revolving fund established pursuant 
to section 603(e) of the Student Loan Marketing Association 
Reorganization Act of 1996 (20 U.S.C. 1155(e)).

    This division may be cited as the ``District of Columbia 
Appropriations Act, 2003''.

 DIVISION D--ENERGY <<NOTE: Energy and Water Development Appropriations 
Act, 2003.>>  AND WATER DEVELOPMENT APPROPRIATIONS, 2003

                            Joint Resolution


 Making appropriations for energy and water development for the fiscal 
         year ending September 30, 2003, and for other purposes.

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

                                 TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood control, shore protection, and 
related purposes.

                         General Investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore

[[Page 117 STAT. 134]]

protection, and related projects, restudy of authorized projects, 
miscellaneous investigations, and, when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $135,019,000, to remain available until expended: 
Provided, That in conducting the Southwest Valley Flood Damage Reduction 
Study, Albuquerque, New Mexico, the Secretary of the Army, acting 
through the Chief of Engineers, shall include an evaluation of flood 
damage reduction measures that would otherwise be excluded from the 
feasibility analysis based on policies regarding the frequency of 
flooding, the drainage areas, and the amount of runoff: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use funds appropriated herein to determine the 
advisability of undertaking restoration, modification, or modernization 
of the Great Lakes Navigational System, including the St. Lawrence 
Seaway; as provided for in section 456 of Public Law 106-53 (113 Stat. 
332): Provided further, That in making such determination, the Secretary 
of the Army, acting through the Chief of Engineers, may partner with the 
St. Lawrence Seaway Development Corporation and Transport Canada or 
another designated representative of the Government of Canada and may 
accept from such partners cash, in-kind services, or any combination 
thereof, to be expended or used by the Secretary in addition to the 
funds identified herein for the purpose of making such determination.

                          Construction, General

    For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $1,756,012,000, to remain 
available until expended, of which such sums as are necessary for the 
Federal share of construction costs for facilities under the Dredged 
Material Disposal Facilities program shall be derived from the Harbor 
Maintenance Trust Fund, as authorized by Public Law 104-303; and of 
which such sums as are necessary pursuant to Public Law 99-662 shall be 
derived from the Inland Waterways Trust Fund, for one-half of the costs 
of construction and rehabilitation of inland waterways projects, 
including rehabilitation costs for the Lock and Dam 11, Mississippi 
River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock and Dam 24, 
Mississippi River, Illinois and Missouri; Lock and Dam 3, Mississippi 
River, Minnesota; and London Locks and Dam, Kanawha River, West 
Virginia, projects; and of which funds are provided for the following 
projects in the amounts specified:
            San Timoteo Creek (Santa Ana River Mainstem), California, 
        $7,000,000;
            Southern and Eastern Kentucky, Kentucky, $3,000,000; and
            Clover Fork, City of Cumberland, Town of Martin, Pike County 
        (including Levisa Fork and Tug Fork Tributaries), Bell County, 
        Harlan County in accordance with the Draft Detailed Report dated 
        January 2002, Floyd County, Martin County, and Johnson County, 
        Kentucky, elements of the Levisa and

[[Page 117 STAT. 135]]

        Tug Forks of the Big Sandy River and Upper Cumberland River, 
        Kentucky, $26,100,000: Provided, That, using $200,000 of the 
        funds appropriated herein, the Secretary of the Army, acting 
        through the Chief of Engineers, is directed to continue work on 
        the Bois Brule Drainage and Levee District, Missouri, design 
        deficiency project under the terms and conditions specified in 
        Public Law 107-66: Provided further, That using $9,744,000 of 
        the funds appropriated herein, the Secretary of the Army, acting 
        through the Chief of Engineers, is directed to continue 
        construction of the Dallas Floodway Extension, Texas, project, 
        including the Cadillac Heights feature, generally in accordance 
        with the Chief of Engineers report dated December 7, 1999: 
        Provided further, That the Secretary of the Army, acting through 
        the Chief of Engineers, is directed to use $4,000,000 of the 
        funds appropriated herein to undertake the Bowie County Levee, 
        Texas, project, which is defined as Alternative B, Local Sponsor 
        Option, in the Corps of Engineers document entitled Bowie County 
        Local Flood Protection, Red River, Texas, Project Design 
        Memorandum No. 1, Bowie County Levee, dated April 1997: Provided 
        further, That cost sharing for the Bowie County Levee, Texas, 
        project shall be in accordance with the provisions of the Flood 
        Control Act of 1946: Provided further, That the Secretary of the 
        Army is directed to accept advance funds, pursuant to section 11 
        of the River and Harbor Act of 1925, from the non-Federal 
        sponsor of the Los Angeles Harbor, California, project 
        authorized by section 101(b)(5) of Public Law 106-541, which are 
        needed to maintain the project schedule: Provided further, That 
        using $1,000,000 of the funds provided herein, the Secretary of 
        the Army, acting through the Chief of Engineers, is directed to 
        conduct, at full Federal expense, technical studies of 
        individual ditch systems identified by the State of Hawaii, and 
        to assist the State in diversification by helping to define the 
        cost of repairing and maintaining selected ditch systems: 
        Provided further, That the Secretary of the Army, acting through 
        the Chief of Engineers, is directed to use $1,000,000 of the 
        funds appropriated herein to continue construction of the 
        navigation project at Kaumalapau Harbor, Hawaii: Provided 
        further, That the Secretary of the Army, acting through the 
        Chief of Engineers, is directed to use $2,000,000 of the funds 
        provided herein for Dam Safety and Seepage/Stability Correction 
        Program to continue construction of seepage control features at 
        Waterbury Dam, Vermont: Provided further, That the Secretary of 
        the Army, acting through the Chief of Engineers, is directed to 
        use $13,400,000 of the funds appropriated herein to proceed with 
        planning, engineering, design or construction of the Grundy, 
        Buchanan County, and Dickenson County, Virginia, elements of the 
        Levisa and Tug Forks of the Big Sandy River and Upper Cumberland 
        River Project: Provided further, That the Secretary of the Army, 
        acting through the Chief of Engineers, is directed to use 
        $5,500,000 of the funds appropriated herein to proceed with the 
        planning, engineering, design or construction of the Lower Mingo 
        County, Upper Mingo County, Wayne County, McDowell County, West 
        Virginia, elements of the Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River Project: Provided further, That 
        the Secretary of the Army, acting through the Chief of 
        Engineers, is directed

[[Page 117 STAT. 136]]

        to continue the Dickenson County Detailed Project Report as 
        generally defined in Plan 4 of the Huntington District 
        Engineer's Draft Supplement to the Section 202 General Plan for 
        Flood Damage Reduction dated April 1997, including all Russell 
        Fork tributary streams within the County and special 
        considerations as may be appropriate to address the unique 
        relocations and resettlement needs for the flood prone 
        communities within the County: Provided further, That the 
        Secretary of the Army, acting through the Chief of Engineers, is 
        directed to proceed with the construction of the Seward Harbor, 
        Alaska, project, in accordance with the Report of the Chief of 
        Engineers, dated June 8, 1999, and the economic justification 
        contained therein: Provided further, That the Secretary of the 
        Army, acting through the Chief of Engineers, is directed to 
        proceed with the construction of the Wrangell Harbor, Alaska, 
        project in accordance with the Chief of Engineer's report dated 
        December 23, 1999: Provided further, That, of the funds provided 
        herein, $3,000,000 shall be made available for the Galena Bank 
        Stabilization Project in Galena, Alaska: Provided further, That 
        the Secretary of the Army, acting through the Chief of 
        Engineers, is authorized and directed to use $5,000,000 of 
        Construction, General funding as provided herein for 
        construction of an emergency outlet from Devils Lake, North 
        Dakota, to the Sheyenne River, at an estimated total cost of 
        $100,000,000, which shall be cost-shared in accordance with 
        section 103 of the Water Resources Development Act of 1986, as 
        amended (33 U.S.C. 2213), except that the funds shall not become 
        available unless the Secretary of the Army determines that an 
        emergency (as defined in section 102 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) 
        exists with respect to the emergency need for the outlet and 
        reports to Congress that the construction is technically sound 
        and environmentally acceptable, and in compliance with the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.): Provided further, That the justification for the 
        emergency outlet shall be fully described, including the 
        analysis of the benefits and costs, in the project plan 
        documents: Provided further, That the plans for the emergency 
        outlet shall be reviewed and, to be effective, shall contain 
        assurances provided by the Secretary of State, that the project 
        will not violate the Treaty Between the United States and Great 
        Britain Relating to the Boundary Waters Between the United 
        States and Canada, signed at Washington, January 11, 1909 (36 
        Stat. 2448; TS 548) (commonly known as the ``Boundary Waters 
        Treaty of 1909''): Provided further, That the Secretary of the 
        Army shall submit the final plans and other documents for the 
        emergency outlet to Congress: Provided further, That no funds 
        made available under this Act or any other Act for any fiscal 
        year may be used by the Secretary of the Army to carry out the 
        portion of the feasibility study of the Devils Lake Basin, North 
        Dakota, authorized under the Energy and Water Development 
        Appropriations Act, 1993 (Public Law 102-377), that addresses 
        the needs of the area for stabilized lake levels through inlet 
        controls, or to otherwise study any facility or carry out any 
        activity that would permit the transfer of water from the 
        Missouri River Basin into Devils Lake.

[[Page 117 STAT. 137]]

 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
        Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

    For expenses necessary for prosecuting work of flood control, rescue 
work, repair, restoration, or maintenance of flood control projects 
threatened or destroyed by flood, as authorized by law (33 U.S.C. 702a 
and 702g-1), $344,574,000, to remain available until expended: Provided, 
That the Secretary of the Army, acting through the Chief of Engineers, 
using $10,000,000 of the funds provided herein, is directed to continue 
design and real estate activities and to initiate the pump supply 
contract for the Yazoo Basin, Yazoo Backwater Pumping Plant, 
Mississippi: Provided further, That the pump supply contract shall be 
performed by awarding continuing contracts in accordance with 33 U.S.C. 
621.

                   Operation and Maintenance, General

    For expenses necessary for the preservation, operation, maintenance, 
and care of existing river and harbor, flood control, and related works, 
including such sums as may be necessary for the maintenance of harbor 
channels provided by a State, municipality or other public agency, 
outside of harbor lines, and serving essential needs of general commerce 
and navigation; surveys and charting of northern and northwestern lakes 
and connecting waters; clearing and straightening channels; and removal 
of obstructions to navigation, $1,940,167,000, to remain available until 
expended, of which such sums as become available in the Harbor 
Maintenance Trust Fund, pursuant to Public Law 99-662, may be derived 
from that Fund, and of which such sums as become available from the 
special account established by the Land and Water Conservation Act of 
1965, as amended (16 U.S.C. 460l), may be derived from that account for 
construction, operation, and maintenance of outdoor recreation 
facilities: Provided, That using $888,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to undertake recreation improvements associated 
with the pool raise at Waco Lake, Texas: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to use $3,160,000 of the funds appropriated herein to undertake 
work to expand or improve recreational facilities and undertake 
environmental restoration activities at the Hansen Dam Recreation Area, 
California, consistent with the Hansen Dam Recreation Area Master Plan: 
Provided further, That of funds appropriated herein, for the 
Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and 
Maryland, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to reimburse the State of Delaware for normal 
operation and maintenance costs incurred by the State of Delaware for 
the SR1 Bridge from station 58+00 to station 293+00 between October 1, 
2002, and September 30, 2003: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to use 
funds appropriated herein to rehabilitate the existing dredged material 
disposal site for the project for navigation, Bodega Bay Harbor, 
California, and to initiate maintenance dredging of the Federal channel: 
Provided further, That the Secretary shall make suitable material 
excavated from the site as part of the rehabilitation effort available 
to the non-Federal sponsor, at no

[[Page 117 STAT. 138]]

cost to the Federal Government, for use by the non-Federal sponsor in 
the development of public facilities.

                  Flood Control and Coastal Emergencies

    For expenses necessary for emergency flood control, hurricane 
response, and emergency shore protection and related activities, 
$15,000,000, to remain available until expended.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $139,000,000, to remain 
available until expended.

             Formerly Utilized Sites Remedial Action Program

    For expenses necessary to clean up contamination from sites 
throughout the United States resulting from work performed as part of 
the Nation's early atomic energy program, $145,000,000, to remain 
available until expended.

                            General Expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers, activities of the Humphreys Engineer Center Support 
Activity, the Institute for Water Resources, and headquarters support 
functions at the USACE Finance Center, $155,151,000, to remain available 
until expended: Provided, That no part of any other appropriation 
provided in title I of this Act shall be available to fund the 
activities of the Office of the Chief of Engineers or the executive 
direction and management activities of the division offices: Provided 
further, That none of these funds shall be available to support an 
office of congressional affairs within the executive office of the Chief 
of Engineers.

                        Administrative Provisions

    Appropriations in this title shall be available for official 
reception and representation expenses (not to exceed $5,000); and during 
the current fiscal year the Revolving Fund, Corps of Engineers, shall be 
available for purchase (not to exceed 100 for replacement only) and hire 
of passenger motor vehicles.

                           GENERAL PROVISIONS

                        Corps of Engineers--Civil

    Sec. 101. Agreements proposed for execution by the Assistant 
Secretary of the Army for Civil Works or the United States Army Corps of 
Engineers after the date of the enactment of this Act pursuant to 
section 4 of the Rivers and Harbor Act of 1915, Public Law 64-291; 
section 11 of the River and Harbor Act of 1925, Public Law 68-585; the 
Civil Functions Appropriations Act, 1936, Public Law 75-208; section 215 
of the Flood Control Act of 1968, as amended, Public Law 90-483; 
sections 104, 203, and 204 of the Water Resources Development Act of 
1986, as amended, Public Law 99-662; section 206 of the Water Resources 
Development Act

[[Page 117 STAT. 139]]

of 1992, as amended, Public Law 102-580; section 211 of the Water 
Resources Development Act of 1996, Public Law 104-303; and any other 
specific project authority, shall be limited to credits and 
reimbursements per project not to exceed $10,000,000 in each fiscal 
year, and total credits and reimbursements for all applicable projects 
not to exceed $50,000,000 in each fiscal year.
    Sec. 102. None of the funds appropriated in this or any other Act 
may be used by the United States Army Corps of Engineers to support 
activities, including reconnaissance and feasibility studies, and 
planning, engineering and design, related to the Chicago Harbor Visitors 
Center.
    Sec. 103. St. Georges Bridge, Delaware. None of the funds made 
available in this Act may be used to carry out any activity relating to 
closure or removal of the St. Georges Bridge across the Intracoastal 
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, 
including a hearing or any other activity relating to preparation of an 
environmental impact statement concerning the closure or removal.
    Sec. 104. Section 595(h)(1) of Public Law 106-53 <<NOTE: 113 Stat. 
384.>>  is amended by striking ``$25,000,000'' and inserting in lieu 
thereof ``$100,000,000''.

    Sec. 105. St. Paul Island Harbor, St. Paul, Alaska Technical 
Corrections. Section 101(b)(3) of Public Law 104-303 (the Water 
Resources Development Act of 1996), (110 Stat. 3667) is amended by--
            (1) striking ``$18,981,000'' and inserting in lieu thereof 
        ``$52,300,000''; and
            (2) striking ``$12,239,000'' and inserting in lieu thereof 
        ``$45,558,000''.

    Sec. 106. Abiquiu Dam, New Mexico. Section 1112 of Public Law 99-662 
(the Water Resources Development Act of 1986), (100 Stat. 4232) is 
amended by striking ``$2,700,000'' and inserting in lieu thereof 
``$10,000,000''.
    Sec. 107. The project for flood control, Las Vegas Wash and 
Tributaries (Flamingo and Tropicana Washes), Nevada, authorized by 
section 101(13) of Public Law 102-580 is modified to include as a part 
of the project channel crossings that are necessary for those existing 
and proposed highways and roads shown on the Clark County Comprehensive 
Plan Transportation Element, approved by the Clark County Board of 
County Commissioners on October 1, 1996. The performance of work 
required for construction of such channel crossings and the costs 
incurred in performing such work shall be considered part of the non-
Federal sponsor's responsibility to provide lands, easements, and 
rights-of-way, and to perform relocations for the project. Costs 
incurred in performing such work may not exceed $16,000,000.
    Sec. 108. Atlantic Intracoastal Waterway Bridge Replacement at Great 
Bridge, Chesapeake, Virginia. The project for replacement of the bridge 
at Great Bridge, Chesapeake, Virginia, authorized by section 339(h) of 
Public Law 104-59 is modified to authorize the Secretary to construct 
the project at an estimated cost of $46,000,000.
    Sec. 109. None of the funds appropriated in this Act, or any other 
Act, shall be used to study or implement any plans privatizing, 
divesting or transferring of any Civil Works missions, functions, or 
responsibilities for the United States Army Corps of Engineers

[[Page 117 STAT. 140]]

to other government agencies without specific direction in a subsequent 
Act of Congress.
    Sec. 110. The project for flood control for Terminus Dam, Kaweah 
River, California, authorized by section 101(b)(5) of the Water 
Resources Development Act of 1996, is modified to authorize the 
Secretary of the Army, acting through the Chief of Engineers, to 
construct the project at a total cost of $50,000,000, with an estimated 
Federal share of $28,600,000 and an estimated non-Federal share of 
$21,400,000.
    Sec. 111. The project for flood control, Little Calumet River Basin 
(Cady Marsh Ditch), Indiana, authorized by section 401(a) of Public Law 
99-662 is modified to authorize the Secretary of the Army, acting 
through the Chief of Engineers, to construct the project at a total cost 
of $23,146,000, with an estimated Federal cost of $17,359,000 and an 
estimated non-Federal cost of $5,787,000.
    Sec. 112. The non-Federal interest shall receive credit toward the 
non-Federal share of the cost of the feasibility study for work 
performed prior to the date that the Secretary of the Army, acting 
through the Chief of Engineers, enters into the feasibility cost-sharing 
agreement with the non-Federal sponsor for the Indiana Harbor 
Environmental Dredging, Indiana, feasibility study. The Secretary shall 
provide credit for work only if the Secretary determines such work 
integral to the feasibility study.
    Sec. 113. In satisfaction of any normal requirement for mitigation 
identified by the pending Environmental Impact Study for the deepening 
of the Brownsville Navigation Channel, Texas, the Secretary of the Army, 
acting through the Chief of Engineers, shall provide credit to the 
Brownsville Navigation District for work performed before the completion 
of the Environmental Impact Study to restore the wetlands at Bahia 
Grande, Lower Laguna Madre, and Vadia Ancha. Such credit shall be at a 
ratio determined by the Secretary, considering the environmental value 
of the wetlands impacted by the project and the environmental value of 
the restored wetlands. The Secretary shall provide credit for work only 
if the Secretary determines such work integral to the project.
    Sec. 114. The Secretary of the Army, acting through the Chief of 
Engineers, shall carry out the project for inland navigation, 
Chickamauga Lock and Dam, Tennessee, substantially in accordance with 
the plans, and subject to the conditions, described in the report of the 
Chief of Engineers, dated May 30, 2002, except that the Secretary shall 
construct the project in accordance with the plan that includes a 110-
foot by 600-foot replacement lock at a total cost of $267,167,000. The 
costs of such construction shall be paid one-half from amounts 
appropriated from the general fund of the Treasury and one-half from 
amounts appropriated from the Inland Waterways Trust Fund.
    Sec. 115. The Secretary of the Army, acting through the Chief of 
Engineers, shall conduct a study for the James River, Greene County, 
Missouri, project for flood damage reduction, Greene County, Missouri, 
and, if the Secretary determines that such project is feasible, may 
carry out the project under section 205 of the Flood Control Act of 1948 
(33 U.S.C. 701s).
    Sec. 116. Section 101(a)(21), ``Amite River and Tributaries, 
Louisiana,'' of the Water Resources Development Act of 1999 <<NOTE: 113 
Stat. 277.>>  is amended in subsection (a)(21) by striking 
``$112,900,000'' and inserting ``$150,257,000'', and by striking 
``$39,500,000'' and inserting ``$52,589,950''.

[[Page 117 STAT. 141]]

    Sec. 117. None of the funds appropriated in this or any other Act 
may be used by the United States Army Corps of Engineers to support 
activities related to the proposed Ridge Landfill in Tuscarawas County, 
Ohio.
    Sec. 118. Section 101(a)(19) of the Water Resources Development Act 
of 1999 <<NOTE: 113 Stat. 277.>>  is hereby amended to increase the 
total project cost to $78,879,000 with an estimated Federal cost of 
$51,271,000 and an estimated non-Federal cost of $27,608,000 in 
accordance with the Corps of Engineers Post Authorization Change Report, 
dated January 2003, as amended by the Chief of Engineers.

    Sec. 119. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to credit toward the non-Federal share of the 
cost of the Savannah Harbor Expansion, Georgia, project, authorized by 
section 101(b)(9) of the Water Resources Development Act of 1999, an 
amount equal to the Federal share of the costs incurred by the non-
Federal interests subsequent to project authorization to the extent that 
the Secretary determines that such costs were necessary to ensure 
compliance with the conditions of the project authorization.
    Sec. 120. The project for aquatic ecosystem restoration, Rose Bay, 
Volusia County, Florida, being carried out under section 206 of the 
Water Resources Development Act of 1996 (33 U.S.C. 2330), is modified to 
direct the Secretary of the Army, acting through the Chief of Engineers, 
to credit toward the non-Federal share of the cost of the project the 
costs incurred by the Florida Department of Transportation in 
constructing that portion of the United States Highway 1 bridge that the 
Secretary determines is required for the proper functioning of the 
project.
    Sec. 121. The Secretary of the Army, acting through the Chief of 
Engineers, shall modify the shoreline management plan for Lake 
Cumberland, Kentucky, to allow for construction of a privately owned 
moorage facility at Woodson Bend Peninsula on the South Fork of the 
Cumberland River at Lake Cumberland.
    Sec. 122. The non-Federal sponsor shall receive credit in an amount 
not to exceed $10,000,000 toward their share of the cost of Des Moines 
Recreational River and Greenbelt, Iowa, projects for work performed by 
the sponsor, or others on behalf of the sponsor, including planning, 
design, and construction performed after October 1, 2002, provided the 
Secretary of the Army, acting through the Chief of Engineers, determines 
that such work is completed in accordance with United States Army Corps 
of Engineers standards and procedures and is integral to the Des Moines 
Recreational River and Greenbelt project.
    Sec. 123. The project for flood damage reduction, Turkey Creek 
Basin, Kansas City, Missouri, and Kansas City, Kansas, authorized by 
section 101(a)(24) of Public Law 106-53, is modified to authorize the 
Secretary of the Army, acting through the Chief of Engineers, to 
construct the project substantially in accordance with the plans and 
subject conditions, recommended in a final report of the Chief of 
Engineers if a favorable report of the Chief is completed by December 
31, 2003, at a total project cost of $73,380,000 with an estimated 
Federal cost of $45,304,000 and an estimated non-Federal cost of 
$28,076,000. The non-Federal interest shall receive credit toward the 
non-Federal share of project costs for construction work performed by 
the non-Federal interest before execution of the project cooperation 
agreement if the Secretary finds that the

[[Page 117 STAT. 142]]

work performed by the non-Federal interest is integral to the project.
    Sec. 124. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to design and construct portions 
of the Long Lake Environmental Restoration Project, Indiana, that are 
located on non-federally owned land in accordance with section 206 of 
Public Law 104-303, as amended. Notwithstanding the provisions of 
section 206, the Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to design and construct all the 
components of the Long Lake, Indiana, environmental restoration project 
that are located on Federal land at full Federal expense as identified 
in the Long Lake, Indiana, Reconnaissance Report, dated October 2002, 
and as further modified by subsequent study. After completion of the 
project, the Secretary of the Army shall seek reimbursement from the 
Secretary of the Interior of an amount equal to the costs of the project 
allocated to benefits to the Indiana Dunes National Lakeshore.
    Sec. 125. Section 514 of the Water Resources Development Act of 
1999 <<NOTE: 113 Stat. 343.>>  is amended by striking ``2000 and 2001'' 
in subsection (g) and inserting ``2003 and 2004''.

    Sec. 126. Section 595 of the Water Resources Development Act of 
1999 <<NOTE: 113 Stat. 383.>>  is amended by striking ``Sec. 595. Rural 
Nevada and Montana.'' and inserting in lieu thereof ``Sec. 595. Rural 
Nevada, Montana, and Idaho.'' and in (b) strike ``and Montana.'' and 
insert in lieu thereof ``, Montana, and Idaho.'' and in (c) strike ``and 
Montana,'' and insert in lieu thereof ``, Montana, and Idaho,'' and in 
(h)(1) strike ``and'' and insert after (h)(2) ``and; (3) $25,000,000 for 
Idaho;''.

    Sec. 127. Southern and Eastern Kentucky. (a) Project Purposes.--
Section 531(b) of the Water Resources Development Act of 1996 (110 Stat. 
3773) is amended by inserting before ``and resource'' the following: ``, 
environmental restoration,''.
    (b) Definition.--Section 531(g) of such Act (110 Stat. 3774) is 
amended by inserting after ``Lee,'' the following: ``Bath, Rowan,''.
    (c) Authorization of Appropriations.--Section 531(h) of such Act 
(110 Stat. 3774; 113 Stat. 348) is amended by striking ``$25,000,000'' 
and inserting ``$40,000,000''.
    Sec. 128. With respect to the pre-construction engineering and 
design for the environmental dredging project at Ashtabula River, Ohio, 
for which funds are made available under this heading, the non-Federal 
interest shall receive credit toward the non-Federal share of the cost 
of the pre-construction engineering and design work performed in-kind 
after the date of execution of the design agreement.
    Sec. 129. Section 313(h)(2) of the Water Resources Development Act 
of 1992 <<NOTE: 106 Stat. 4847.>>  is amended by striking ``Armstrong, 
Beford, Blair, Cambria, Clearfield, Fayette, Franklin, Fulton, 
Huntingdon, Indiana, Juniata, Mifflin, Somerset, Snyder and Westmoreland 
Counties'' and inserting ``Allegheny, Armstrong, Beford, Blair, Cambria, 
Clearfield, Fayette, Franklin, Fulton, Greene, Huntingdon, Indiana, 
Juniata, Mifflin, Somerset, Snyder, Washington, and Westmoreland 
Counties''.

    Sec. 130. Herring Creek-Tall Timbers, Maryland. (a) In General.--
Using funds made available by this Act, the Secretary of the Army, 
acting through the Chief of Engineers, may provide immediate corrective 
maintenance to the project at Herring Creek-Tall Timbers, Maryland, at 
full Federal expense.

[[Page 117 STAT. 143]]

    (b) Inclusions.--The corrective maintenance described in subsection 
(a), and any other maintenance performed after the date of enactment of 
this Act with respect to the project described in that subsection, may 
include repair or replacement, as appropriate, of the foundation and 
structures adjacent and structurally integral to the project.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                 central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $34,902,000, to remain available until expended, of 
which $11,259,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission.
    In addition, for necessary expenses incurred in carrying out related 
responsibilities of the Secretary of the Interior, $1,326,000, to remain 
available until expended.

                          Bureau of Reclamation

    The following appropriations shall be expended to execute authorized 
functions of the Bureau of Reclamation:

                       water and related resources

                      (including transfer of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, Indian tribes, and others, 
$813,491,000, to remain available until expended, of which $36,400,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $34,327,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund; of which such amounts as may be necessary 
may be advanced to the Colorado River Dam Fund; of which $4,600,000 
shall be for on-reservation water development, feasibility studies, and 
related administrative costs under Public Law 106-163; and of which not 
more than $500,000 is for high priority projects which shall be carried 
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: 
Provided, That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from 
that Fund or account: Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which 
contributed: Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for

[[Page 117 STAT. 144]]

the same purposes as the sums appropriated under this heading: Provided 
further, That $10,000,000 of the funds appropriated herein shall be 
deposited in the San Gabriel Basin Restoration Fund established by 
section 110 of division B, title I of Public Law 106-554, as amended: 
Provided further, That funds available for expenditure for the 
Departmental Irrigation Drainage Program may be expended by the Bureau 
of Reclamation for site remediation on a non-reimbursable basis: 
Provided further, That section 301 of Public Law 102-250, Reclamation 
States Emergency Drought Relief Act of 1991, as amended, <<NOTE: 43 USC 
2241.>> is amended further by inserting ``2002, and 2003'' in lieu of 
``and 2002'': Provided further, That the Bureau of Reclamation is 
authorized hereafter to negotiate and enter into financial assistance 
agreements with public and private agencies, organizations, and 
institutions for activities under the Lake Tahoe Regional Wetlands 
Development Program: Provided further, That the costs associated with 
such activities will be nonreimbursable.

                 central valley project restoration fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $48,904,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f ), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102-575.

                        policy and administration

    For necessary expenses of policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $54,870,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed 16 passenger motor vehicles, of which 12 are 
for replacement only.

                           GENERAL PROVISIONS

                       DEPARTMENT OF THE INTERIOR

    Sec. 201. <<NOTE: 43 USC 373d.>> In order to increase opportunities 
for Indian tribes to develop, manage, and protect their water resources, 
in fiscal year 2003 and thereafter, the Secretary of the Interior, 
acting through the Commissioner of the Bureau of Reclamation, is 
authorized to enter into grants and cooperative agreements with any 
Indian tribe, institution of higher education, national Indian 
organization, or tribal organization pursuant to 31 U.S.C. 6301-

[[Page 117 STAT. 145]]

6308. Nothing in this Act is intended to modify or limit the provisions 
of the Indian Self Determination Act (25 U.S.C. 45 et seq.).

    Sec. 202. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of California 
of a plan, which shall conform to the water quality standards of the 
State of California as approved by the Administrator of the 
Environmental Protection Agency, to minimize any detrimental effect of 
the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal reclamation 
law.
    Sec. 203. Section 212 of the Energy and Water Development 
Appropriations Act, 2001 (114 Stat. 1441B-13) is amended as follows:
            (1) In subsection (a)(2)--
                    (A) by inserting ``all real and personal property 
                rights and interests associated with such conduits and 
                canals, all water rights of whatever nature or kind 
                associated therewith, and'' before ``all recreational 
                facilities''; and
                    (B) by inserting ``and improvements'' after 
                ``recreational facilities''.
            (2) In subsection (b)--
                    (A) by striking ``as soon as practicable after date 
                of enactment of this Act'' and inserting ``by no later 
                than June 30, 2003,''; and
                    (B) by inserting ``including all real and personal 
                property rights, water rights, and facilities held by or 
                appropriated to the United States'' after ``all right, 
                title, and interest in and to the Sly Park Unit to the 
                District''.
            (3) In subsection (c)--
                    (A) by striking ``The Secretary'' and inserting 
                ``(1) Subject to paragraph (2), the Secretary'';
                    (B) by inserting ``and subsequent interim renewal 
                contracts associated therewith'' after ``contract number 
                14-06-200-949IR3''; and
                    (C) by adding at the end the following:

    ``(2) The amount the Secretary is authorized to receive under 
paragraph (1) shall be reduced by an amount equal to any payments 
received by the United States from the District under the contracts 
referred to in paragraph (1) in the period beginning on the date of the 
enactment of this Act and ending on the date of conveyance of the Sly 
Park Unit under this section.''.
    Sec. 204. Section 110(a)(3)(A)(i) of division B of the Miscellaneous 
Appropriations Act, 2001 (as enacted into law by section 1(a)(4) of 
Public Law 106-554), is further amended <<NOTE: 114 Stat. 2763A-223.>>  
by inserting

[[Page 117 STAT. 146]]

``, including all expenditures made by the Central Basin Municipal Water 
District between February 11, 1993, and December 21, 2000'' before the 
semicolon.

    Sec. 205. None of the funds appropriated or otherwise made available 
by this or any other Act may be used to pay the salaries and expenses of 
personnel to purchase or lease water in the Middle Rio Grande or the 
Carlsbad Projects in New Mexico unless said purchase or lease is in 
compliance with the purchase requirements of section 202 of Public Law 
106-60.
    Sec. 206. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation. Such leases may be entered into with an option to purchase: 
Provided, That such purchase is approved by the State in which the 
purchase takes place and the purchase does not cause economic harm 
within the State in which the purchase is made.
    Sec. 207. Restoration of Fish, Wildlife, and Associated Habitats in 
Watersheds of Certain Lakes. (a) In General.--In carrying out section 
2507 of Public Law 107-171, the Secretary of the Interior, acting 
through the Commissioner of Reclamation, shall--
            (1) subject to paragraph (3), provide water and assistance 
        under that section only for the Pyramid, Summit, and Walker 
        Lakes in the State of Nevada;
            (2) use $1,000,000 for the creation of a fish hatchery at 
        Walker Lake to benefit the Walker River Paiute Tribe; and
            (3) use $2,000,000 to provide grants, to be divided equally, 
        to the State of Nevada, the State of California, the Truckee 
        Meadows Water Authority, and the Pyramid Lake Paiute Tribe, to 
        implement the Truckee River Settlement Act, Public Law 101-618.

    (b) Administration.--The Secretary of the Interior, acting through 
the Commissioner of Reclamation, may provide financial assistance to 
State and local public agencies, Indian tribes, nonprofit organizations, 
and individuals to carry out this section and section 2507 of Public Law 
107-171.
    Sec. 208. <<NOTE: 43 USC 373a note.>> The Commissioner of the Bureau 
of Reclamation is directed to increase the use of the private sector in 
performing planning, engineering and design work for Bureau of 
Reclamation projects to 10 percent in fiscal year 2003, and in each 
subsequent year until the level of work is at least 40 percent for the 
planning, engineering and design work conducted by the Bureau of 
Reclamation.

    Sec. 209. Using previously appropriated funds, the Bureau of 
Reclamation is directed to undertake activities related to the 
development of the North Central Montana Rural Water Supply System. Such 
sums shall remain available, without fiscal year limitation, until 
expended.
    Sec. 210. Section 8 of Public Law 104-298 (the Water Desalination 
Act of 1996) <<NOTE: 42 USC 10301 note.>>  is amended further by--
            (1) in paragraph (a) by striking ``2002'' and inserting in 
        lieu thereof ``2004''; and
            (2) in paragraph (b) by striking ``2002'' and inserting in 
        lieu thereof ``2004''.

    Sec. 211. (a) North Las Vegas Water Reuse Project.--

[[Page 117 STAT. 147]]

            (1) Authorization.--The Secretary of the Interior, in 
        cooperation with the appropriate local authorities, may 
        participate in the design, planning, and construction of the 
        North Las Vegas Water Reuse Project (hereinafter referred to as 
        the ``Project'') to reclaim and reuse water in the service area 
        of the North Las Vegas Utility Division Service Area of the City 
        of North Las Vegas and County of Clark, Nevada.
            (2) Cost share.--The Federal share of the cost of the 
        Project shall not exceed 25 percent of the total cost.
            (3) Limitation.--Funds provided by the Secretary shall not 
        be used for the operation or maintenance of the Project.
            (4) Funding.--Funds appropriated pursuant to section 1631 of 
        the Reclamation Wastewater and Groundwater Study and Facilities 
        Act (43 U.S.C. 390h-13) may be used for the Project.

    (b) Reclamation Wastewater and Groundwater Study and Facilities 
Act.--Design, planning, and construction of the Project authorized by 
this Act shall be in accordance with, and subject to the limitations 
contained in, the Reclamation Wastewater and Groundwater Study and 
Facilities Act (43 U.S.C. 390h et seq.), as amended.
    Sec. 212. None of the funds appropriated or otherwise made available 
in this division or any prior Energy and Water Development 
Appropriations Act may be used for the settlement agreement of Sumner 
Peck Ranch, Inc. v. Bureau of Reclamation (Civ. No F-91-048 OWW (E.D. 
Cal)).
    Sec. 213. Section 201(d) of the Salton Sea Reclamation Act of 1998 
(Public Law 105-372) <<NOTE: 112 Stat. 3381.>>  is amended by striking 
``$3,000,000'' and inserting ``$10,000,000''.

    Sec. 214. The Secretary of the Interior, acting through the Bureau 
of Reclamation, shall conduct a feasibility study of options for 
additional water storage in the Yakima River Basin, Washington, with 
emphasis on the feasibility of storage of Columbia River water in the 
potential Black Rock Reservoir and the benefit of additional storage to 
endangered and threatened fish, irrigated agriculture, and municipal 
water supply. There are authorized to be appropriated such sums as may 
be necessary to carry out this Act.
    Sec. 215. The Secretary of the Interior, in carrying out CALFED-
related activities, may undertake feasibility studies for Sites 
Reservoir, Los Vaqueros Reservoir Enlargement, and Upper San Joaquin 
Storage projects. These storage studies should be pursued along with 
ongoing environmental and other projects in a balanced manner.

                                TITLE III

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                              Energy Supply

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy supply activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation

[[Page 117 STAT. 148]]

of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $701,477,000, to remain 
available until expended.

                  Non-Defense Environmental Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental management activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $215,100,000, to remain 
available until expended.

             Uranium Facilities Maintenance and Remediation

    For necessary expenses to maintain, decontaminate, decommission, and 
otherwise remediate uranium processing facilities, $456,539,000, of 
which $340,329,000, shall be derived from the Uranium Enrichment 
Decontamination and Decommissioning Fund, all of which shall remain 
available until expended.

                                 Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed 28 passenger motor vehicles for 
replacement only, $3,305,894,000, to remain available until expended.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $145,000,000, to remain 
available until expended and to be derived from the Nuclear Waste Fund: 
Provided, That not to exceed $2,500,000 shall be provided to the State 
of Nevada solely for expenditures, other than salaries and expenses of 
State employees, to conduct scientific oversight responsibilities and 
participate in licensing activities pursuant to the Nuclear Waste Policy 
Act of 1982, Public Law 97-425, as amended: Provided further, That 
$7,000,000 shall be provided to affected units of local governments, as 
defined in Public Law 97-425, to conduct appropriate activities pursuant 
to the Act: Provided further, That the distribution of the funds as 
determined by the units of local government shall be approved by the 
Department of Energy: Provided further, That the funds for the State of 
Nevada shall be made available solely to the Nevada Division of 
Emergency Management by direct payment and units of local government by 
direct payment: Provided 
further, <<NOTE: Deadline. Nevada. Certification.>> That within 90 days 
of the completion of each Federal fiscal year, the Nevada Division of 
Emergency Management and the Governor of the State of Nevada and each 
local entity shall provide certification to the

[[Page 117 STAT. 149]]

Department of Energy that all funds expended from such payments have 
been expended for activities authorized by Public Law 97-425 and this 
Act. Failure to provide such certification shall cause such entity to be 
prohibited from any further funding provided for similar activities: 
Provided further, That none of the funds herein appropriated may be: (1) 
used directly or indirectly to influence legislative action on any 
matter pending before Congress or a State legislature or for lobbying 
activity as provided in 18 U.S.C. 1913; (2) used for litigation 
expenses; or (3) used to support multi-State efforts or other coalition 
building activities inconsistent with the restrictions contained in this 
Act: Provided further, That all proceeds and recoveries realized by the 
Secretary in carrying out activities authorized by the Nuclear Waste 
Policy Act of 1982, Public Law 97-425, as amended, including but not 
limited to, any proceeds from the sale of assets, shall be available 
without further appropriation and shall remain available until expended.

                       Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses (not to exceed $35,000), $207,404,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work for 
others notwithstanding the provisions of the Anti-Deficiency Act (31 
U.S.C. 1511 et seq.): Provided, That such increases in cost of work are 
offset by revenue increases of the same or greater amount, to remain 
available until expended: Provided further, That moneys received by the 
Department for miscellaneous revenues estimated to total $120,000,000 in 
fiscal year 2003 may be retained and used for operating expenses within 
this account, and may remain available until expended, as authorized by 
section 201 of Public Law 95-238, notwithstanding the provisions of 31 
U.S.C. 3302: Provided further, That the sum herein appropriated shall be 
reduced by the amount of miscellaneous revenues received during fiscal 
year 2003 so as to result in a final fiscal year 2003 appropriation from 
the General Fund estimated at not more than $87,404,000.

                     Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $37,671,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including

[[Page 117 STAT. 150]]

the acquisition or condemnation of any real property or any facility or 
for plant or facility acquisition, construction, or expansion; and the 
purchase of passenger motor vehicles (not to exceed one for replacement 
only), $5,954,204,000, to remain available until expended: Provided, 
That $12,000,000 is authorized to be appropriated for Project 03-D-102, 
LANL administration building, Los Alamos National Laboratory, Los 
Alamos, New Mexico: Provided further, That $113,000,000 is authorized to 
be appropriated for Project 01-D-108, Microsystems and engineering 
sciences applications (MESA), Sandia National Laboratories, Albuquerque, 
New Mexico.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, Defense Nuclear 
Nonproliferation activities, in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $1,113,630,000, to remain available until expended.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $706,790,000, to 
remain available until expended.

                       Office of the Administrator

    For necessary expenses of the Office of the Administrator of the 
National Nuclear Security Administration, including official reception 
and representation expenses (not to exceed $12,000), $330,929,000, to 
remain available for obligation until September 30, 2003.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         Defense Environmental Restoration and Waste Management

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental restoration 
and waste management activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; and the purchase of not to exceed 24 passenger motor 
vehicles, for replacement only, $5,470,180,000, to remain available 
until expended.

[[Page 117 STAT. 151]]

                   Defense Facilities Closure Projects

    For expenses of the Department of Energy to accelerate the closure 
of defense environmental management sites, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
necessary expenses, $1,138,314,000, to remain available until expended.

             Defense Environmental Management Privatization

    For Department of Energy expenses for privatization projects 
necessary for atomic energy defense environmental management activities 
authorized by the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), $158,399,000, to remain available until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense, other defense activities, 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $546,554,000, to remain 
available until expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $315,000,000, to remain 
available until expended.

                     POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed $1,500.
    During fiscal year 2003, no new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to the 
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 
825s), as applied to the southeastern power area, $4,534,000, to remain 
available until expended; in addition, notwithstanding the provisions of 
31 U.S.C. 3302, up to $14,463,000 collected by the Southeastern Power 
Administration pursuant to the Flood Control Act to recover purchase 
power and wheeling expenses shall be credited to this account as 
offsetting collections, to remain

[[Page 117 STAT. 152]]

available until expended for the sole purpose of making purchase power 
and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, and 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out the provisions of section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power area, $27,378,000, to remain available until expended; in 
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to 
exceed $16,455,000 in reimbursements, to remain available until 
expended: Provided, Notwithstanding the provisions of 31 U.S.C. 3302, 
that up to $1,512,000 collected by the Southwestern Power Administration 
pursuant to the Flood Control Act to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, to 
remain available until expended for the sole purpose of making purchase 
power and wheeling expenditures.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500, $168,858,000, to remain 
available until expended, of which $158,605,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $6,100,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That up to $156,124,000 collected by the Western Area 
Power Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, to 
remain available until expended for the sole purpose of making purchase 
power and wheeling expenditures: Provided further, That, of the amounts 
appropriated in Public Law 107-66, not less than $400,000 to be spent as 
described in House Report 107-258 under this heading shall be 
nonreimbursable: Provided further, That, of the amount appropriated in 
Public Law 107-66 for corridor review and environmental review required 
for the construction of a 230 kv transmission line between Belfield and 
Hettinger, not less than $200,000 shall be provided for corridor review 
and environmental review for the construction of a high voltage line in 
Western North Dakota that would facilitate the upgrade of the Miles City 
DC tie.

[[Page 117 STAT. 153]]

            Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,734,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission

                          salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 
3109, the hire of passenger motor vehicles, and official reception and 
representation expenses (not to exceed $3,000), $192,000,000, to remain 
available until expended: Provided, That <<NOTE: 42 USC 7171 
note.>> notwithstanding any other provision of law, not to exceed 
$192,000,000 of revenues from fees and annual charges, and other 
services and collections in fiscal year 2003 shall be retained and used 
for necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
General Fund shall be reduced as revenues are received during fiscal 
year 2003 so as to result in a final fiscal year 2003 appropriation from 
the General Fund estimated at not more than $0.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

    Sec. 301. <<NOTE: Contracts.>> (a) None of the funds appropriated by 
this Act may be used to award a management and operating contract, or a 
contract for environmental remediation or waste management in excess of 
$100 million in annual funding at a current or former management and 
operating contract site or facility, or award a significant extension or 
expansion to an existing management and operating contract, or other 
contract covered by this section, unless such contract is awarded using 
competitive procedures or the Secretary of Energy grants, on a case-by-
case basis, a waiver to allow for such a deviation. The Secretary may 
not delegate the authority to grant such a waiver.

    (b) <<NOTE: Deadline. Reports.>> Within 30 days of formally 
notifying an incumbent contractor that the Secretary intends to grant 
such a waiver, the Secretary shall submit to the Subcommittees on Energy 
and Water Development of the Committees on Appropriations of the House 
of Representatives and the Senate a report notifying the Subcommittees 
of the waiver and setting forth, in specificity, the substantive reasons 
why the Secretary believes the requirement for competition should be 
waived for this particular award.

    Sec. 302. None of the funds appropriated by this Act may be used 
to--
            (1) develop or implement a workforce restructuring plan that 
        covers employees of the Department of Energy; or

[[Page 117 STAT. 154]]

            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy,

under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h).
    Sec. 303. None of the funds appropriated by this Act may be used to 
augment the $21,183,000 made available for obligation by this Act for 
severance payments and other benefits and community assistance grants 
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department of 
Energy submits a reprogramming request subject to approval by the 
appropriate congressional committees.
    Sec. 304. None of the funds appropriated by this Act may be used to 
prepare or initiate Requests For Proposals (RFPs) for a program if the 
program has not been funded by Congress.

                   (transfers of unexpended balances)

    Sec. 305. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 306. None of the funds in this or any other Act for the 
Administrator of the Bonneville Power Administration may be used to 
enter into any agreement to perform energy efficiency services outside 
the legally defined Bonneville service territory, with the exception of 
services provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in advance that 
such services are not available from private sector businesses.
    Sec. 307. <<NOTE: Public information.>> When the Department of 
Energy makes a user facility available to universities and other 
potential users, or seeks input from universities and other potential 
users regarding significant characteristics or equipment in a user 
facility or a proposed user facility, the Department shall ensure broad 
public notice of such availability or such need for input to 
universities and other potential users. When the Department of Energy 
considers the participation of a university or other potential user as a 
formal partner in the establishment or operation of a user facility, the 
Department shall employ full and open competition in selecting such a 
partner. For purposes of this section, the term ``user facility'' 
includes, but is not limited to: (1) a user facility as described in 
section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(a)(2)); (2) a National Nuclear Security Administration Defense 
Programs Technology Deployment Center/User Facility; and (3) any other 
Departmental facility designated by the Department as a user facility.

    Sec. 308. <<NOTE: 42 USC 7274r.>> The Administrator of the National 
Nuclear Security Administration may authorize the plant manager of a 
covered nuclear weapons production plant to engage in research, 
development, and demonstration activities with respect to the 
engineering and manufacturing capabilities at such plant in order to 
maintain and enhance such capabilities at such plant: Provided, That of 
the amount allocated to a covered nuclear weapons production plant each 
fiscal year from amounts available to the Department of Energy for such 
fiscal year for national security programs, not more than an amount 
equal to 2 percent of such amount may

[[Page 117 STAT. 155]]

be used for these activities: Provided further, That for purposes of 
this section, the term ``covered nuclear weapons production plant'' 
means the following:
            (1) the Kansas City Plant, Kansas City, Missouri;
            (2) the Y-12 Plant, Oak Ridge, Tennessee;
            (3) the Pantex Plant, Amarillo, Texas; and
            (4) the Savannah River Plant, South Carolina.

    Sec. 309. The Administrator of the National Nuclear Security 
Administration may authorize the manager of the Nevada Operations Office 
to engage in research, development, and demonstration activities with 
respect to the development, test, and evaluation capabilities necessary 
for operations and readiness of the Nevada Test Site: Provided, That of 
the amount allocated to the Nevada Operations Office each fiscal year 
from amounts available to the Department of Energy for such fiscal year 
for national security programs at the Nevada Test Site, not more than an 
amount equal to 2 percent of such amount may be used for these 
activities.
    Sec. 310. Section 310 of the Energy and Water Development 
Appropriations Act, 2000 (Public Law 106-60), <<NOTE: 42 USC 7257 
note.>>  is hereby repealed.

    Sec. 311. Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2003 until the enactment of the Intelligence 
Authorization Act for fiscal year 2003.
    Sec. 312. None of the funds in this Act may be used to dispose of 
transuranic waste in the Waste Isolation Pilot Plant which contains 
concentrations of plutonium in excess of 20 percent by weight for the 
aggregate of any material category on the date of enactment of this Act, 
or is generated after such date. For the purposes of this section, the 
material categories of transuranic waste at the Rocky Flats 
Environmental Technology Site include: (1) ash residues; (2) salt 
residues; (3) wet residues; (4) direct repackage residues; and (5) scrub 
alloy as referenced in the ``Final Environmental Impact Statement on 
Management of Certain Plutonium Residues and Scrub Alloy Stored at the 
Rocky Flats Environmental Technology Site''.
    Sec. 313. Funds appropriated in Public Law 107-66 for the Kachemak 
Bay submarine cable project may be available to reimburse the local 
sponsor for the Federal share of the project costs assumed by the local 
sponsor prior to final passage of that Act.
    Sec. 314. Stay and Reinstatement of FERC License No. 11393. (a) Upon 
the request of the licensee for FERC Project No. 11393, the Federal 
Energy Regulatory Commission shall issue an order staying the license.
    (b) <<NOTE: Deadline.>> Upon the request of the licensee for FERC 
Project No. 11393, but not later than 6 years after the date that the 
Federal Energy Regulatory Commission receives written notice that 
construction of the Swan-Tyee transmission line is completed, the 
Federal Energy Regulatory Commission shall issue an order lifting the 
stay and make the effective date of the license the date on which the 
stay is lifted.

    (c) Upon request of the licensee for FERC Project No. 11393 and 
notwithstanding the time period specified in section 13 of the Federal 
Power Act for the commencement of construction, the Commission shall, 
after reasonable notice and in accordance with

[[Page 117 STAT. 156]]

the good faith, due diligence, and public interest requirements of that 
section, extend the time period during which licensee is required to 
commence the construction of the project for not more than one 2-year 
time period.
    Sec. 315. (a) None of the funds made available under the accounts 
``non-defense environmental management'', ``uranium facilities 
maintenance and remediation'', ``defense environmental restoration and 
waste management'', or ``defense facilities closure projects'' may be 
obligated at a Department of Energy site or laboratory, or in 
association with a site or laboratory, if the effect of such would 
result in the Department of Energy exceeding for that site or laboratory 
the comparable current-year level of funding, or the amount of the 
fiscal year 2003 budget request, whichever is greater.
    (b) The limitation of subsection (a) will not apply to a site or 
laboratory after such time that the Department has entered into a site 
performance management plan for that site or laboratory consistent with 
the intent of the Department's environmental management acceleration and 
reform initiative.
    Sec. 316. Notwithstanding any other provision of law, the National 
Nuclear Security Administration is prohibited from taking any actions 
adversely affecting employment at the Nevada Operations Office for a 
period of not less than 365 days, unless the Administrator seeks and is 
granted a waiver, in writing, from the House and Senate Committees on 
Appropriations.
    Sec. 317. Notwithstanding the provisions of any other law, using 
funds appropriated in this title, the Secretary of Energy shall proceed 
with planning and analyses for external regulation of the Department's 
laboratories under the Office of Science as directed in the statement of 
managers accompanying this bill.

                                TITLE IV

                          INDEPENDENT AGENCIES

                     Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, and, for 
necessary expenses for the Federal Co-Chairman and the alternate on the 
Appalachian Regional Commission, for payment of the Federal share of the 
administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$71,290,000, to remain available until expended.

                 Defense Nuclear Facilities Safety Board

                          salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $19,000,000, to 
remain available until expended.

[[Page 117 STAT. 157]]

                        Delta Regional Authority

                          salaries and expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act of 
2000, notwithstanding section 382N of said Act, $8,000,000, to remain 
available until expended.

                            Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction and acquisition of plant and capital equipment as necessary 
and other expenses, $48,000,000, to remain available until expended.

                      Nuclear Regulatory Commission

                          salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official representation 
expenses (not to exceed $15,000), and purchase of promotional items for 
use in the recruitment of individuals for employment, $578,184,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $24,900,000 shall be derived from the Nuclear Waste 
Fund: Provided further, That revenues from licensing fees, inspection 
services, and other services and collections estimated at $520,087,000 
in fiscal year 2003 shall be retained and used for necessary salaries 
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall 
remain available until expended: Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
fiscal year 2003 so as to result in a final fiscal year 2003 
appropriation estimated at not more than $58,097,000.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $6,800,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $6,392,000 in fiscal year 2003 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 2003 so as to result in a final 
fiscal year 2003 appropriation estimated at not more than $408,000.

                  Nuclear Waste Technical Review Board

                          salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,200,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

[[Page 117 STAT. 158]]

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in 18 U.S.C. 
1913.
    Sec. 502. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
     (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 503. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 504. Section 309 of title III--Denali Commission of division 
C--Other Matters of Public Law 105-277, as amended, <<NOTE: 42 USC 3121 
note.>>  is further amended by striking ``2003'' and inserting ``2008''.

    Sec. 505. Extension of Prohibition of Oil and Gas Drilling in the 
Great Lakes. Section 503 of the Energy and Water Development 
Appropriations Act, 2002 (115 Stat. 512), is amended by striking ``2002 
and 2003'' and inserting ``2002 through 2005''.
    Sec. 506. Clarification of Indemnification to Promote Economic 
Development. Title 42 U.S.C. 7274g is amended in subsection (b)(2), by 
adding the following new subparagraph:
                    ``(D) Any successor, assignee, transferee, lender or 
                lessee of a person or entity described in subparagraphs 
                (A) through (C).''.

    Sec. 507. <<NOTE: Deadline. Budget.>> The Director of the Office of 
Management and Budget shall transmit to the Congress by April 1, 2003, a 
cross-cut budget displaying, by fiscal year, all CALFED Bay-Delta 
Program related expenditures by the Federal Government, actual and 
projected, for fiscal years 1996 through 2004.

    This division may be cited as the ``Energy and Water Development 
Appropriations Act, 2003''.

[[Page 117 STAT. 159]]

 DIVISION E--FOREIGN <<NOTE: Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 2003.>>  OPERATIONS, EXPORT 
FINANCING, AND RELATED PROGRAMS APPROPRIATIONS, 2003

                            Joint Resolution


  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2003, and for 
                             other purposes.

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

                TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                 export-import bank of the united states

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of the enactment of this Act: Provided 
further, <<NOTE: 12 USC 635 note.>> That notwithstanding section 1(c) of 
Public Law 103-428, as amended, sections 1(a) and (b) of Public Law 103-
428 shall remain in effect through September 30, 2003.

                          subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, $512,900,000, to remain available until September 30, 
2006: Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That such sums shall remain available 
until September 30, 2021 for the disbursement of direct loans, loan 
guarantees, insurance and tied-aid grants obligated in fiscal years 
2003, 2004, 2005, and 2006: Provided further, That none of the funds 
appropriated by this Act or any prior Act appropriating funds for 
foreign operations, export financing, and related programs for tied-aid 
credits or grants may be used for any other purpose except through the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That funds appropriated by this paragraph are made 
available notwithstanding section 2(b)(2) of the Export-Import Bank Act 
of 1945, in connection with the purchase or lease of any product by any 
East European country, any Baltic State or any agency or national 
thereof.

[[Page 117 STAT. 160]]

                         administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 
for official reception and representation expenses for members of the 
Board of Directors, $68,300,000: Provided, That the Export-Import Bank 
may accept, and use, payment or services provided by transaction 
participants for legal, financial, or technical services in connection 
with any transaction for which an application for a loan, guarantee or 
insurance commitment has been made: Provided further, 
That, <<NOTE: Termination date. 12 USC 635a note.>> notwithstanding 
subsection (b) of section 117 of the Export Enhancement Act of 1992, 
subsection (a) thereof shall remain in effect until October 1, 2003.

                 overseas private investment corporation

                            noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to carry 
out the credit and insurance programs (including an amount for official 
reception and representation expenses which shall not exceed $35,000) 
shall not exceed $39,885,000: Provided further, That project-specific 
transaction costs, including direct and indirect costs incurred in 
claims settlements, and other direct costs associated with services 
provided to specific investors or potential investors pursuant to 
section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                             program account

    For the cost of direct and guaranteed loans, $24,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Non-Credit Account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums shall 
be available for direct loan obligations and loan guaranty commitments 
incurred or made during fiscal years 2003 and 2004: Provided further, 
That such sums shall remain available through fiscal year 2011 for the 
disbursement of direct and guaranteed loans obligated in fiscal year 
2003, and through fiscal year 2012 for the disbursement of direct and 
guaranteed loans obligated in fiscal year 2004.
    In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.

[[Page 117 STAT. 161]]

                   Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 of 
the Foreign Assistance Act of 1961, $44,512,000, to remain available 
until September 30, 2004.
    In addition, for an additional amount for ``Trade and Development 
Agency'' for trade capacity building assistance, $2,500,000, to remain 
available until September 30, 2003: Provided, That any funds made 
available by this paragraph shall be made available subject to the 
regular notification procedures of the Committees on Appropriations.

                 TITLE II--BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

    For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 2003, unless otherwise 
specified herein, as follows:

           united states agency for international development

                 child survival and health programs fund

                      (including transfer of funds)

    For necessary expenses to carry out the provisions of chapters 1 and 
10 of part I of the Foreign Assistance Act of 1961, for child survival, 
health, and family planning/reproductive health activities, in addition 
to funds otherwise available for such purposes, $1,836,500,000, to 
remain available until September 30, 2005: Provided, That this amount 
shall be made available for such activities as: (1) immunization 
programs; (2) oral rehydration programs; (3) health, nutrition, water 
and sanitation programs which directly address the needs of mothers and 
children, and related education programs; (4) assistance for displaced 
and orphaned children; (5) programs for the prevention, treatment, and 
control of, and research on, HIV/AIDS, tuberculosis, malaria, polio and 
other infectious diseases; and (6) family planning/reproductive health: 
Provided further, That none of the funds appropriated under this heading 
may be made available for nonproject assistance, except that funds may 
be made available for such assistance for ongoing health activities: 
Provided further, That of the funds appropriated under this heading, not 
to exceed $150,000, in addition to funds otherwise available for such 
purposes, may be used to monitor and provide oversight of child 
survival, maternal and family planning/reproductive health, and 
infectious disease programs: Provided further, That the following 
amounts should be allocated as follows: $324,000,000 for child survival 
and maternal health; $27,000,000 for vulnerable children; $591,500,000 
for HIV/AIDS including not less than $18,000,000 which should be made 
available to support the development of microbicides as a means for 
combating HIV/AIDS; $155,500,000 for other infectious diseases; 
$368,500,000 for family planning/reproductive health, including in areas 
where population growth threatens biodiversity or endangered species; 
and $120,000,000 for UNICEF: Provided further, That of the funds

[[Page 117 STAT. 162]]

appropriated under this heading, and in addition to funds allocated 
under the previous proviso, not less than $250,000,000 shall be made 
available, notwithstanding any other provision of law, for a United 
States contribution to the Global Fund to Fight AIDS, Tuberculosis and 
Malaria, and shall be expended at the minimum rate necessary to make 
timely payment for projects and activities: Provided further, That the 
cumulative amount of United States contributions to the Global Fund may 
not exceed the total resources provided by other donors and available 
for use by the Global Fund: Provided further, That of the funds 
appropriated under this heading that are available for HIV/AIDS programs 
and activities, up to $10,500,000 should be made available for the 
International AIDS Vaccine Initiative, and up to $100,000,000 should be 
made available for the International Mother and Child HIV Prevention 
Initiative: Provided further, That of the funds appropriated under this 
heading, up to $60,000,000 may be made available for a United States 
contribution to The Vaccine Fund, and up to $6,000,000 may be 
transferred to and merged with funds appropriated by this Act under the 
heading ``Operating Expenses of the United States Agency for 
International Development'' for costs directly related to international 
health, but funds made available for such costs may not be derived from 
amounts made available for contribution under the preceding provisos: 
Provided further, That notwithstanding any other provision of this Act, 
funds appropriated under this heading that are available for child 
survival and health programs shall be apportioned to the United States 
Agency for International Development, and the authority of sections 
632(a) or 632(b) of the Foreign Assistance Act of 1961, or any 
comparable provision of law, may not be used to transfer or allocate any 
part of such funds to the Department of Health and Human Services 
including any office of that agency, except that the authority of those 
sections may be used to transfer or allocate up to $25,000,000 of such 
funds to the Centers for Disease Control and Prevention: Provided 
further, That of the funds appropriated under this heading, $5,000,000 
shall be made available to continue to support the provision of 
wheelchairs for needy persons in developing countries: Provided 
further, <<NOTE: Abortion. Sterilization.>> That none of the funds made 
available in this Act nor any unobligated balances from prior 
appropriations may be made available to any organization or program 
which, as determined by the President of the United States, supports or 
participates in the management of a program of coercive abortion or 
involuntary sterilization: Provided further, That none of the funds made 
available under this Act may be used to pay for the performance of 
abortion as a method of family planning or to motivate or coerce any 
person to practice abortions: Provided further, That none of the funds 
made available under this Act may be used to lobby for or <<NOTE: Family 
planning.>> against abortion: Provided further, That in order to reduce 
reliance on abortion in developing nations, funds shall be available 
only to voluntary family planning projects which offer, either directly 
or through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary family 
planning project shall meet the following requirements: (1) service 
providers or referral agents in the project shall not implement or be 
subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use

[[Page 117 STAT. 163]]

of quantitative estimates or indicators for budgeting and planning 
purposes); (2) the project shall not include payment of incentives, 
bribes, gratuities, or financial reward to: (A) an individual in 
exchange for becoming a family planning acceptor; or (B) program 
personnel for achieving a numerical target or quota of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning; (3) the project shall not deny any 
right or benefit, including the right of access to participate in any 
program of general welfare or the right of access to health care, as a 
consequence of any individual's decision not to accept family planning 
services; (4) the project shall provide family planning acceptors 
comprehensible information on the health benefits and risks of the 
method chosen, including those conditions that might render the use of 
the method inadvisable and those adverse side effects known to be 
consequent to the use of the method; and 
(5) <<NOTE: Deadline. Reports.>> the project shall ensure that 
experimental contraceptive drugs and devices and medical procedures are 
provided only in the context of a scientific study in which participants 
are advised of potential risks and benefits; and, not less than 60 days 
after the date on which the Administrator of the United States Agency 
for International Development determines that there has been a violation 
of the requirements contained in paragraph (1), (2), (3), or (5) of this 
proviso, or a pattern or practice of violations of the requirements 
contained in paragraph (4) of this proviso, the Administrator shall 
submit to the Committees on Appropriations a report containing a 
description of such violation and the corrective action taken by the 
Agency: Provided further, That in awarding grants for natural family 
planning under section 104 of the Foreign Assistance Act of 1961 no 
applicant shall be discriminated against because of such applicant's 
religious or conscientious commitment to offer only natural family 
planning; and, additionally, all such applicants shall comply with the 
requirements of the previous proviso: Provided further, That for 
purposes of this or any other Act authorizing or appropriating funds for 
foreign operations, export financing, and related programs, the term 
``motivate'', as it relates to family planning assistance, shall not be 
construed to prohibit the provision, consistent with local law, of 
information or counseling about all pregnancy options: Provided further, 
That nothing in this paragraph shall be construed to alter any existing 
statutory prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961: Provided further, That the funds under this 
heading that are available for the treatment and prevention of HIV/AIDS 
should also include programs and activities that are designed to 
maintain and preserve the families of those persons living with HIV/AIDS 
and to reduce the numbers of orphans created by HIV/AIDS.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103, 
105, 106, and 131, and chapter 10 of part I of the Foreign Assistance 
Act of 1961, $1,389,000,000, to remain available until September 30, 
2004: Provided, That none of the funds appropriated under title II of 
this Act that are managed by or allocated to the United States Agency 
for International Development's Global Development Secretariat, may be 
made available except through the regular notification procedures of the 
Committees on Appropriations: Provided further, That $159,000,000 should 
be allocated for

[[Page 117 STAT. 164]]

trade capacity building: Provided further, That $218,000,000 should be 
allocated for basic education, of which $20,000,000 should be made 
available only for programs to increase the professional competence of 
national and regional education administrators: Provided further, That 
none of the funds appropriated under this heading may be made available 
for any activity which is in contravention to the Convention on 
International Trade in Endangered Species of Flora and Fauna: Provided 
further, That of the funds appropriated under this heading that are made 
available for assistance programs for displaced and orphaned children 
and victims of war, not to exceed $32,500, in addition to funds 
otherwise available for such purposes, may be used to monitor and 
provide oversight of such programs: Provided further, That of the 
aggregate amount of the funds appropriated by this Act that are made 
available for agriculture and rural development programs, $25,000,000 
should be made available for plant biotechnology research and 
development: Provided further, That not less than $2,300,000 should be 
made available for core support for the International Fertilizer 
Development Center: Provided further, That of the funds appropriated 
under this heading, not less than $18,000,000 should be made available 
for the American Schools and Hospitals Abroad program: Provided further, 
That of the funds appropriated by this Act, $100,000,000 shall be made 
available for drinking water supply projects and related activities.

                    international disaster assistance

    For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to section 491 of 
the Foreign Assistance Act of 1961, as amended, $230,000,000, to remain 
available until expended.
    In addition, for assistance for Afghanistan, $60,000,000 to remain 
available until expended: Provided, That these funds shall be used for 
humanitarian and reconstruction assistance for the Afghan people 
including health and education programs, housing, to improve the status 
of women, infrastructure, and assistance for victims of war and 
displaced persons.

                         transition initiatives

    For necessary expenses for international disaster rehabilitation and 
reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $50,000,000, to remain available until expended, 
to support transition to democracy and to long-term development of 
countries in crisis: Provided, That such support may include assistance 
to develop, strengthen, or preserve democratic institutions and 
processes, revitalize basic infrastructure, and foster the peaceful 
resolution of conflict: Provided 
further, <<NOTE: Reports. Deadline.>> That the United States Agency for 
International Development shall submit a report to the Committees on 
Appropriations at least 5 days prior to beginning a new program of 
assistance.

                      development credit authority

                      (including transfer of funds)

    For the cost of direct loans and loan guarantees, as authorized by 
sections 108 and 635 of the Foreign Assistance Act of 1961, funds may be 
derived by transfer from funds appropriated by this

[[Page 117 STAT. 165]]

Act to carry out part I of such Act and under the heading ``Assistance 
for Eastern Europe and the Baltic States'': Provided, That such funds 
when added to the funds transferred pursuant to the authority contained 
under this heading in Public Law 107-115, shall not exceed $24,500,000, 
which shall be made available only for micro and small enterprise 
programs, urban programs, and other programs which further the purposes 
of part I of the Act: Provided further, That such costs shall be as 
defined in section 502 of the Congressional Budget Act of 1974: Provided 
further, That <<NOTE: Applicability.>>  the provisions of section 
107A(d) (relating to general provisions applicable to the Development 
Credit Authority) of the Foreign Assistance Act of 1961, as contained in 
section 306 of H.R. 1486 as reported by the House Committee on 
International Relations on May 9, 1997, shall be applicable to direct 
loans and loan guarantees provided under this heading. In addition, for 
administrative expenses to carry out credit programs administered by the 
United States Agency for International Development, $7,591,000, which 
may be transferred to and merged with the appropriation for Operating 
Expenses of the United States Agency for International Development: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 2007.

      payment to the foreign service retirement and disability fund

    For payment to the ``Foreign Service Retirement and Disability 
Fund'', as authorized by the Foreign Service Act of 1980, $45,200,000.

    operating expenses of the united states agency for international 
                               development

    For necessary expenses to carry out the provisions of section 667, 
$572,000,000: Provided, That <<NOTE: Reports. Deadline.>>  none of the 
funds appropriated under this heading and under the heading ``Capital 
Investment Fund'' may be made available to finance the construction 
(including architect and engineering services), purchase, or long term 
lease of offices for use by the United States Agency for International 
Development, unless the Administrator has identified such proposed 
construction (including architect and engineering services), purchase, 
or long term lease of offices in a report submitted to the Committees on 
Appropriations at least 15 days prior to the obligation of these funds 
for such purposes: Provided further, That the previous proviso shall not 
apply where the total cost of construction (including architect and 
engineering services), purchase, or long term lease of offices does not 
exceed $1,000,000.

                         capital investment fund

    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments, pursuant to section 667, $43,000,000, to 
remain available until expended: Provided, That this amount is in 
addition to funds otherwise available for such purposes: Provided 
further, That of the funds appropriated under this heading, up to 
$10,000,000 may be made available for costs related to the construction 
of temporary, secure facilities for United States Agency for 
International Development personnel

[[Page 117 STAT. 166]]

in Afghanistan: Provided further, That the Administrator of the United 
States Agency for International Development shall assess fair and 
reasonable rental payments for the use of space by employees of other 
United States Government agencies in buildings constructed using funds 
appropriated under this heading, and such rental payments shall be 
deposited into this account as an offsetting collection: Provided 
further, That the rental payments collected pursuant to the previous 
proviso and deposited as an offsetting collection shall be available for 
obligation only pursuant to the regular notification procedures of the 
Committees on Appropriations: Provided further, That the assignment of 
United States Government employees or contractors to space in buildings 
constructed using funds appropriated under this heading shall be subject 
to the concurrence of the Administrator of the United States Agency for 
International Development: Provided further, That funds appropriated 
under this heading shall be available for obligation only pursuant to 
the regular notification procedures of the Committees on Appropriations.

    operating expenses of the united states agency for international 
                 development office of inspector general

    For necessary expenses to carry out the provisions of section 667, 
$33,300,000, to remain available until September 30, 2004, which sum 
shall be available for the Office of the Inspector General of the United 
States Agency for International Development.

                   Other Bilateral Economic Assistance

                          economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,270,000,000, to remain available until September 30, 2004: 
Provided, <<NOTE: Israel. Deadline.>> That of the funds appropriated 
under this heading, not less than $600,000,000 shall be available only 
for Israel, which sum shall be available on a grant basis as a cash 
transfer and shall be disbursed within 30 days of the enactment of this 
Act: Provided further, <<NOTE: Egypt.>> That not less than $615,000,000 
shall be available only for Egypt, which sum shall be provided on a 
grant basis, and of which sum cash transfer assistance shall be provided 
with the understanding that Egypt will undertake significant economic 
reforms which are additional to those which were undertaken in previous 
fiscal years, and of which not less than $200,000,000 shall be provided 
as Commodity Import Program assistance: Provided 
further, <<NOTE: President. Israel.>> That in exercising the authority 
to provide cash transfer assistance for Israel, the President shall 
ensure that the level of such assistance does not cause an adverse 
impact on the total level of nonmilitary exports from the United States 
to such country and that Israel enters into a side letter agreement in 
an amount proportional to the fiscal year 1999 agreement: Provided 
further, That of the funds appropriated under this heading, $250,000,000 
should be made available for assistance for Jordan: Provided further, 
That of the funds appropriated under this heading, up to $1,000,000 
should be used to further legal reforms in the West Bank and Gaza, 
including judicial training on commercial disputes and ethics: Provided 
further, That not to exceed $200,000,000 of the funds appropriated under 
this heading in this Act may be made available for the costs, as defined 
in

[[Page 117 STAT. 167]]

section 502 of the Congressional Budget Act of 1974, of modifying direct 
loans and guarantees for Pakistan: Provided further, That not to exceed 
$15,000,000 of the funds appropriated under this heading in Public Law 
107-206, the Supplemental Appropriations Act for Further Recovery From 
and Response To Terrorist Attacks on the United States, FY 2002, may be 
made available for the costs, as defined in section 502 of the 
Congressional Budget Act of 1974, of modifying direct loans and 
guarantees for Jordan: Provided further, <<NOTE: Cyprus.>> That not less 
than $15,000,000 of the funds appropriated under this heading shall be 
made available for Cyprus to be used only for scholarships, 
administrative support of the scholarship program, bicommunal projects, 
and measures aimed at reunification of the island and designed to reduce 
tensions and promote peace and cooperation between the two communities 
on Cyprus: Provided further, <<NOTE: Lebanon.>> That not less than 
$35,000,000 of the funds appropriated under this heading shall be made 
available for assistance for Lebanon to be used, among other programs, 
for scholarships and direct support of the American educational 
institutions in Lebanon: Provided further, That notwithstanding section 
534(a) of this Act, funds appropriated under this heading that are made 
available for assistance for the Central Government of Lebanon shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That the Government of Lebanon should 
enforce the custody and international pickup orders, issued during 
calendar year 2001, of Lebanon's civil courts regarding abducted 
American children in Lebanon: Provided further, That of the funds 
appropriated under this heading, $60,000,000 shall be made available for 
the United States Agency for International Development for assistance 
for Indonesia: Provided further, <<NOTE: Timor-Leste.>> That of the 
funds appropriated under this heading, not less than $25,000,000 shall 
be made available for assistance for the Democratic Republic of Timor-
Leste of which up to $1,000,000 may be available for administrative 
expenses of the United States Agency for International Development: 
Provided further, That of the funds appropriated under this heading, not 
less than $2,000,000 should be made available for assistance for 
countries to implement and enforce the Kimberley Process Certification 
Scheme: Provided further, That $3,000,000 should be made available for 
the international youth exchange program for secondary school students 
from countries with significant Muslim populations: Provided further, 
That funds appropriated under this heading may be used, notwithstanding 
any other provision of law, to provide assistance to the National 
Democratic Alliance of Sudan to strengthen its ability to protect 
civilians from attacks, slave raids, and aerial bombardment by the 
Sudanese Government forces and its militia allies, and the provision of 
such funds shall be subject to the regular notification procedures of 
the Committees on Appropriations: Provided further, That in the previous 
proviso, the term ``assistance'' includes non-lethal, non-food aid such 
as blankets, medicine, fuel, mobile clinics, water drilling equipment, 
communications equipment to notify civilians of aerial bombardment, non-
military vehicles, tents, and shoes: Provided further, That of the funds 
appropriated under this heading, not less than $10,000,000 should be 
made available during fiscal year 2003 for a contribution to the Special 
Court for Sierra Leone: Provided further, That with respect to funds 
appropriated under this heading in this Act or prior Acts making 
appropriations for foreign operations, export

[[Page 117 STAT. 168]]

financing, and related programs, the responsibility for policy decisions 
and justifications for the use of such funds, including whether there 
will be a program for a country that uses those funds and the amount of 
each such program, shall be the responsibility of the Secretary of State 
and the Deputy Secretary of State and this responsibility shall not be 
delegated.

                     international fund for ireland

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $25,000,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in accordance with the 
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 
99-415): Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 2004.

           assistance for eastern europe and the baltic states

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $525,000,000, to remain available until 
September 30, 2004, which shall be available, notwithstanding any other 
provision of law, for assistance and for related programs for Eastern 
Europe and the Baltic States: Provided, That funds made available for 
assistance for Kosovo from funds appropriated under this heading and 
under the headings ``Economic Support Fund'' and ``International 
Narcotics Control and Law Enforcement'' should not exceed 15 percent of 
the total resources pledged by all donors for calendar year 2003 for 
assistance for Kosovo as of March 31, 2003: Provided further, That none 
of the funds made available under this Act for assistance for Kosovo 
shall be made available for large scale physical infrastructure 
reconstruction: Provided further, That of the funds made available under 
this heading for assistance for Kosovo, up to $1,000,000 should be made 
available for assistance to support training programs for Kosovar women: 
Provided further, That not less than $5,000,000 shall be made available 
for assistance for the Baltic States: Provided further, That of the 
funds made available under this heading for assistance for Bulgaria, 
$2,000,000 should be made available to enhance safety at nuclear power 
plants.
    (b) Funds appropriated under this heading or in prior appropriations 
Acts that are or have been made available for an Enterprise Fund may be 
deposited by such Fund in interest-bearing accounts prior to the Fund's 
disbursement of such funds for program purposes. The Fund may retain for 
such program purposes any interest earned on such deposits without 
returning such interest to the Treasury of the United States and without 
further appropriation by the Congress. Funds made available for 
Enterprise Funds shall be expended at the minimum rate necessary to make 
timely payment for projects and activities.
    (c) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained in 
that Act for the use of economic assistance.

[[Page 117 STAT. 169]]

    (d) With regard to funds appropriated under this heading for the 
economic revitalization program in Bosnia and Herzegovina, and local 
currencies generated by such funds (including the conversion of funds 
appropriated under this heading into currency used by Bosnia and 
Herzegovina as local currency and local currency returned or repaid 
under such program) the Administrator of the United States Agency for 
International Development shall provide written approval for grants and 
loans prior to the obligation and expenditure of funds for such 
purposes, and prior to the use of funds that have been returned or 
repaid to any lending facility or grantee.
    (e) <<NOTE: Applicability.>> The provisions of section 529 of this 
Act shall apply to funds made available under subsection (d) and to 
funds appropriated under this heading: Provided, That notwithstanding 
any provision of this or any other Act, including provisions in this 
subsection regarding the application of section 529 of this Act, local 
currencies generated by, or converted from, funds appropriated by this 
Act and by previous appropriations Acts and made available for the 
economic revitalization program in Bosnia may be used in Eastern Europe 
and the Baltic States to carry out the provisions of the Foreign 
Assistance Act of 1961 and the Support for East European Democracy 
(SEED) Act of 1989.

    (f) The President is authorized to withhold funds appropriated under 
this heading made available for economic revitalization programs in 
Bosnia and Herzegovina, if he determines and certifies to the Committees 
on Appropriations that the Federation of Bosnia and Herzegovina has not 
complied with article III of annex 1-A of the General Framework 
Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal 
of foreign forces, and that intelligence cooperation on training, 
investigations, and related activities between state sponsors of 
terrorism and terrorist organizations and Bosnian officials has not been 
terminated.

    assistance for the independent states of the former soviet union

    (a) <<NOTE: Termination date.>> For necessary expenses to carry out 
the provisions of chapters 11 and 12 of part I of the Foreign Assistance 
Act of 1961 and the FREEDOM Support Act, for assistance for the 
Independent States of the former Soviet Union and for related programs, 
$760,000,000, to remain available until September 30, 2004: 
Provided, <<NOTE: Applicability.>>  That the provisions of such chapters 
shall apply to funds appropriated by this paragraph: Provided further, 
That of the funds made available for the Southern Caucasus region, 
notwithstanding any other provision of law, funds may be used for 
confidence-building measures and other activities in furtherance of the 
peaceful resolution of the regional conflicts, especially those in the 
vicinity of Abkhazia and Nagorno-Karabagh: Provided further, That of the 
funds appropriated under this heading, not less than $1,500,000 should 
be available only to meet the health and other assistance needs of 
victims of trafficking in persons: Provided further, That of the funds 
appropriated under this heading $17,500,000 shall be made available 
solely for assistance for the Russian Far East: Provided further, That, 
notwithstanding any other provision of law, funds appropriated under 
this heading in this Act or prior Acts making appropriations for foreign 
operations, export financing, and related programs, that are made 
available pursuant to the provisions of section 807 of the FREEDOM 
Support Act (Public Law

[[Page 117 STAT. 170]]

102-511) shall be subject to a 6 percent ceiling on administrative 
expenses.

    (b) Of the funds appropriated under this heading that are made 
available for assistance for Ukraine, not less than $20,000,000 should 
be made available for nuclear reactor safety initiatives, and not less 
than $1,500,000 shall be made available for coal mine safety programs, 
including mine ventilation and fire prevention and control.
    (c) Of the funds appropriated under this heading, not less than 
$90,000,000 shall be made available for assistance for Armenia.
    (d)(1) Of the funds appropriated under this heading that are 
allocated for assistance for the Government of the Russian Federation, 
60 percent shall be withheld from obligation until the President 
determines and certifies in writing to the Committees on Appropriations 
that the Government of the Russian Federation:
            (A) has terminated implementation of arrangements to provide 
        Iran with technical expertise, training, technology, or 
        equipment necessary to develop a nuclear reactor, related 
        nuclear research facilities or programs, or ballistic missile 
        capability; and
            (B) is providing full access to international non-government 
        organizations providing humanitarian relief to refugees and 
        internally displaced persons in Chechnya.

    (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child survival 
        activities, or assistance for victims of trafficking in persons; 
        and
            (B) activities authorized under title V (Nonproliferation 
        and Disarmament Programs and Activities) of the FREEDOM Support 
        Act.

    (e) Of the funds appropriated under this heading, not less than 
$60,000,000 should be made available, in addition to funds otherwise 
available for such purposes, for assistance for child survival, basic 
education, environmental and reproductive health/family planning, and to 
combat HIV/AIDS, tuberculosis and other infectious diseases, and for 
related activities.
    (f) None of the funds appropriated under this heading may be made 
available for assistance for the Government of Ukraine unless the 
Secretary of State determines and certifies to the Committees on 
Appropriations that, since September 30, 2000, the Government of Ukraine 
has not facilitated or engaged in arms sales or arms transfers to Iraq: 
Provided, That this paragraph shall not apply to assistance to combat 
infectious diseases, nuclear safety programs and activities, or 
assistance for victims of trafficking in persons, and to activities 
authorized under title V (Nonproliferation and Disarmament Programs and 
Activities) of the FREEDOM Support Act.
    (g) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201 or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);

[[Page 117 STAT. 171]]

            (3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his or 
        her official capacity;
            (4) any insurance, reinsurance, guarantee or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act 
        of 1945; or
            (6) humanitarian assistance.

                          Independent Agencies

                        inter-american foundation

    For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of 
the Foreign Assistance Act of 1969, $16,200,000, to remain available 
until September 30, 2004.

                     african development foundation

    For necessary expenses to carry out title V of the International 
Security and Development Cooperation Act of 1980, Public Law 96-533, 
$18,689,000, to remain available until September 30, 2004: Provided, 
That funds made available to grantees may be invested pending 
expenditure for project purposes when authorized by the board of 
directors of the Foundation: Provided further, That interest earned 
shall be used only for the purposes for which the grant was made: 
Provided further, <<NOTE: Applicability.>> That this authority applies 
to interest earned both prior to and following enactment of this 
provision: Provided further, That notwithstanding section 505(a)(2) of 
the African Development Foundation Act, in exceptional circumstances the 
board of directors of the Foundation may waive the $250,000 limitation 
contained in that section with respect to a project: Provided 
further, <<NOTE: Reports.>> That the Foundation shall provide a report 
to the Committees on Appropriations after each time such waiver 
authority is exercised.

                               peace corps

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $297,000,000, including the purchase of not to 
exceed five passenger motor vehicles for administrative purposes for use 
outside of the United States: Provided, That none of the funds 
appropriated under this heading shall be used to pay for abortions: 
Provided further, That funds appropriated under this heading shall 
remain available until September 30, 2004: Provided further, That the 
Director of the Peace Corps may make appointments or assignments, or 
extend current appointments or assignments, to permit United States 
citizens to serve for periods in excess of 5 years in the case of 
individuals whose appointment or assignment, such as regional safety 
security officers and employees within the Office of the Inspector 
General, involves the safety of Peace Corps volunteers: Provided 
further, That the Director of the Peace Corps may make such appointments 
or assignments notwithstanding the provisions of section 7 of the Peace 
Corps

[[Page 117 STAT. 172]]

Act limiting the length of an appointment or assignment, the 
circumstances under which such an appointment or assignment may exceed 5 
years, and the percentage of appointments or assignments that can be 
made in excess of 5 years.

                           Department of State

           international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $197,000,000, to remain available until 
expended: Provided, That during fiscal year 2003, the Department of 
State may also use the authority of section 608 of the Foreign 
Assistance Act of 1961, without regard to its restrictions, to receive 
excess property from an agency of the United States Government for the 
purpose of providing it to a foreign country under chapter 8 of part I 
of that Act subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the funds 
appropriated under this heading, not less than $5,000,000 shall be 
apportioned directly to the Department of the Treasury, International 
Affairs Technical Assistance, to be used for financial crimes and law 
enforcement technical assistance programs: Provided further, That of the 
funds appropriated under this heading, $10,000,000 should be made 
available for the demand reduction program: Provided further, That of 
the funds appropriated under this heading, $10,000,000 should be made 
available for anti-trafficking in persons programs, including 
trafficking prevention, protection and assistance for victims, and 
prosecution of traffickers: Provided further, That of the funds 
appropriated under this heading, not more than $24,180,000 may be 
available for administrative expenses.

                      andean counterdrug initiative

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 to support counterdrug activities in the Andean 
region of South America, $700,000,000, to remain available until 
expended: Provided, That in addition to the funds appropriated under 
this heading and subject to the regular notification procedures of the 
Committees on Appropriations, the President may make available up to an 
additional $31,000,000 for the Andean Counterdrug Initiative, which may 
be derived from funds appropriated under the heading ``International 
Narcotics Control and Law Enforcement'' in this Act and in prior Acts 
making appropriations for foreign operations, export financing, and 
related programs: Provided further, <<NOTE: Colombia.>> That in fiscal 
year 2003, funds available to the Department of State for assistance to 
the Government of Colombia shall be available to support a unified 
campaign against narcotics trafficking, against activities by 
organizations designated as terrorist organizations such as the 
Revolutionary Armed Forces of Colombia (FARC), the National Liberation 
Army (ELN), and the United Self-Defense Forces of Colombia (AUC), and to 
take actions to protect human health and welfare in emergency 
circumstances, including undertaking rescue operations: Provided 
further, That this authority shall cease to be effective if the 
Secretary of State has credible evidence that the Colombian Armed Forces 
are not conducting vigorous operations to restore government authority 
and respect for human rights in areas under the effective control of

[[Page 117 STAT. 173]]

paramilitary and guerrilla organizations: Provided 
further, <<NOTE: President.>> That the President shall ensure that if 
any helicopter procured with funds under this heading is used to aid or 
abet the operations of any illegal self-defense group or illegal 
security cooperative, such helicopter shall be immediately returned to 
the United States: Provided further, That none of the funds appropriated 
by this Act may be made available to support a Peruvian air interdiction 
program until the Secretary of State and Director of Central 
Intelligence certify to the Congress, 30 days before any resumption of 
United States involvement in a Peruvian air interdiction program, that 
an air interdiction program that permits the ability of the Peruvian Air 
Force to shoot down aircraft will include enhanced safeguards and 
procedures to prevent the occurrence of any incident similar to the 
April 20, 2001 incident: Provided 
further, <<NOTE: Deadline. Reports.>> That the Secretary of State, in 
consultation with the Administrator of the United States Agency for 
International Development, shall provide to the Committees on 
Appropriations not later than 45 days after the date of the enactment of 
this Act and prior to the initial obligation of funds appropriated under 
this heading, a report on the proposed uses of all funds under this 
heading on a country-by-country basis for each proposed program, 
project, or activity: Provided further, That of the amount appropriated 
under this heading, not less than $250,000,000 shall be apportioned 
directly to the United States Agency for International Development, to 
be used for economic and social programs: Provided further, That of the 
funds appropriated under this heading and under the heading ``Foreign 
Military Financing Program'', not less than $5,000,000 should be made 
available to support a Colombian Armed Forces unit dedicated to 
apprehending the leaders of paramilitary organizations: Provided 
further, That of the funds made available for assistance for Colombia 
under this heading, up to $3,000,000 should be made available for 
commercially developed, web monitoring software, and training on the 
usage thereof, for the Colombian National Police: Provided further, That 
of the funds made available for assistance for Colombia under this 
heading, not less than $1,500,000 should be made available for vehicles, 
equipment, and other assistance for the human rights unit of the 
Procurador General: Provided further, That not more than 20 percent of 
the funds appropriated by this Act that are used for the procurement of 
chemicals for aerial coca and poppy fumigation programs may be made 
available for such programs unless the Secretary of State, after 
consultation with the Administrator of the Environmental Protection 
Agency (EPA), certifies to the Committees on Appropriations that: (1) 
the herbicide mixture is being used in accordance with EPA label 
requirements for comparable use in the United States and any additional 
controls recommended by the EPA for this program, and with the Colombian 
Environmental Management Plan for aerial fumigation; (2) the herbicide 
mixture, in the manner it is being used, does not pose unreasonable 
risks or adverse effects to humans or the environment; (3) complaints of 
harm to health or licit crops caused by such fumigation are evaluated 
and fair compensation is being paid for meritorious claims; and such 
funds may not be made available for such purposes unless programs are 
being implemented by the United States Agency for International 
Development, the Government of Colombia, or other organizations, in 
consultation with local communities, to provide alternative sources of 
income in areas where security permits for small-acreage growers whose

[[Page 117 STAT. 174]]

illicit crops are targeted for fumigation: Provided further, That 
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to 
funds appropriated under this heading: Provided further, That assistance 
provided with funds appropriated under this heading that is made 
available notwithstanding section 482(b) of the Foreign Assistance Act 
of 1961, as amended, shall be made available subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, <<NOTE: Applicability.>> That the provisions of section 3204(b) 
through (d) of Public Law 106-246, as amended by Public Law 107-115, 
shall be applicable to funds appropriated for fiscal year 2003: Provided 
further, That no United States Armed Forces personnel or United States 
civilian contractor employed by the United States will participate in 
any combat operation in connection with assistance made available by 
this Act for Colombia: Provided further, <<NOTE: Colombia.>> That of the 
funds appropriated under this heading, not less than $3,500,000 shall be 
made available for assistance for the Colombian National Park Service 
for training, equipment, and other assistance to protect Colombia's 
national parks and reserves: Provided further, That of the funds 
appropriated under this heading, not more than $15,680,000 may be 
available for administrative expenses of the Department of State, and 
not more than $4,500,000 may be available, in addition to amounts 
otherwise available for such purposes, for administrative expenses of 
the United States Agency for International Development.

                    migration and refugee assistance

    For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses of 
personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 5, 
United States Code; purchase and hire of passenger motor vehicles; and 
services as authorized by section 3109 of title 5, United States Code, 
$787,000,000, which shall remain available until expended: Provided, 
That not more than $16,565,000 may be available for administrative 
expenses: Provided further, That not less than $60,000,000 of the funds 
made available under this heading shall be made available for refugees 
from the former Soviet Union and Eastern Europe and other refugees 
resettling in Israel: Provided further, That funds appropriated under 
this heading may be made available for a headquarters contribution to 
the International Committee of the Red Cross only if the Secretary of 
State determines (and so reports to the appropriate committees of 
Congress) that the Magen David Adom Society of Israel is not being 
denied participation in the activities of the International Red Cross 
and Red Crescent Movement.

      united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as

[[Page 117 STAT. 175]]

amended (22 U.S.C. 2601(c)), $26,000,000, to remain available until 
expended.

     nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $306,400,000, to carry out 
the provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign 
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 
23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 
for demining activities, the clearance of unexploded ordnance, the 
destruction of small arms, and related activities, notwithstanding any 
other provision of law, including activities implemented through 
nongovernmental and international organizations, and section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA) and a voluntary contribution 
to the Korean Peninsula Energy Development Organization (KEDO), 
consistent with the provisions of section 562 of this Act, and for a 
United States contribution to the Comprehensive Nuclear Test Ban Treaty 
Preparatory Commission: Provided further, That of this amount not to 
exceed $15,000,000, to remain available until expended, may be made 
available for the Nonproliferation and Disarmament Fund, notwithstanding 
any other provision of law, to promote bilateral and multilateral 
activities relating to nonproliferation and disarmament: Provided 
further, That such funds may also be used for such countries other than 
the Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the United 
States to do so following consultation with the appropriate committees 
of Congress: Provided further, That funds appropriated under this 
heading may be made available for the International Atomic Energy Agency 
only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That of the funds made 
available for demining and related activities, not to exceed $675,000, 
in addition to funds otherwise available for such purposes, may be used 
for administrative expenses related to the operation and management of 
the demining program: Provided further, That the Secretary of State is 
authorized to provide not to exceed $250,000 for public-private 
partnerships for mine action by grant, cooperative agreement, or 
contract.

                       Department of the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 of 
the Foreign Assistance Act of 1961 (relating to international affairs 
technical assistance activities), $10,800,000, to remain available until 
expended, which shall be available notwithstanding any other provision 
of law.

[[Page 117 STAT. 176]]

                     TITLE III--MILITARY ASSISTANCE

                   Funds Appropriated to the President

              international military education and training

    For necessary expenses to carry out the provisions of section 541 of 
the Foreign Assistance Act of 1961, $80,000,000, of which up to 
$3,000,000 may remain available until expended: Provided, That the 
civilian personnel for whom military education and training may be 
provided under this heading may include civilians who are not members of 
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for 
human rights: Provided further, That funds appropriated under this 
heading for military education and training for Guatemala may only be 
available for expanded international military education and training and 
funds made available for Algeria, Nigeria and Guatemala may only be 
provided through the regular notification procedures of the Committees 
on Appropriations.

                   foreign military financing program

                      (including transfer of funds)

    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,072,000,000: Provided, <<NOTE: Israel. Egypt.>> That of the funds 
appropriated under this heading, not less than $2,100,000,000 shall be 
available for grants only for Israel, and not less than $1,300,000,000 
shall be made available for grants only for Egypt: Provided 
further, <<NOTE: Deadline.>> That the funds appropriated by this 
paragraph for Israel shall be disbursed within 30 days of the enactment 
of this Act: Provided further, That to the extent that the Government of 
Israel requests that funds be used for such purposes, grants made 
available for Israel by this paragraph shall, as agreed by Israel and 
the United States, be available for advanced weapons systems, of which 
not less than $550,000,000 shall be available for the procurement in 
Israel of defense articles and defense services, including research and 
development: Provided further, That except as provided in the following 
proviso, none of the funds appropriated by this paragraph may be made 
available for helicopters and related support costs for Colombia: 
Provided further, That up to $93,000,000 of the funds appropriated by 
this paragraph may be transferred to and merged with funds appropriated 
under the heading ``Andean Counterdrug Initiative'' for helicopters, 
training and other assistance for the Colombian Armed Forces for 
security for the Cano Limon pipeline: Provided further, That funds 
appropriated by this paragraph shall be nonrepayable notwithstanding any 
requirement in section 23 of the Arms Export Control Act: Provided 
further, That funds made available under this paragraph shall be 
obligated upon apportionment in accordance with paragraph (5)(C) of 
title 31, United States Code, section 1501(a).

    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements

[[Page 117 STAT. 177]]

has first signed an agreement with the United States Government 
specifying the conditions under which such procurements may be financed 
with such funds: Provided, That all country and funding level increases 
in allocations shall be submitted through the regular notification 
procedures of section 515 of this Act: Provided further, That none of 
the funds appropriated under this heading shall be available for 
assistance for Sudan and Liberia: Provided further, That funds made 
available under this heading may be used, notwithstanding any other 
provision of law, for demining, the clearance of unexploded ordnance, 
and related activities, and may include activities implemented through 
nongovernmental and international organizations: Provided further, That 
none of the funds appropriated under this heading shall be available for 
assistance for Guatemala: Provided further, That only those countries 
for which assistance was justified for the ``Foreign Military Sales 
Financing Program'' in the fiscal year 1989 congressional presentation 
for security assistance programs may utilize funds made available under 
this heading for procurement of defense articles, defense services or 
design and construction services that are not sold by the United States 
Government under the Arms Export Control Act: Provided further, That 
funds appropriated under this heading shall be expended at the minimum 
rate necessary to make timely payment for defense articles and services: 
Provided further, That not more than $38,000,000 of the funds 
appropriated under this heading may be obligated for necessary expenses, 
including the purchase of passenger motor vehicles for replacement only 
for use outside of the United States, for the general costs of 
administering military assistance and sales: Provided further, That not 
more than $356,000,000 of funds realized pursuant to section 21(e)(1)(A) 
of the Arms Export Control Act may be obligated for expenses incurred by 
the Department of Defense during fiscal year 2003 pursuant to section 
43(b) of the Arms Export Control Act, except that this limitation may be 
exceeded only through the regular notification procedures of the 
Committees on Appropriations: Provided 
further, <<NOTE: Egypt. Deadline.>> That foreign military financing 
program funds estimated to be outlayed for Egypt during fiscal year 2003 
shall be transferred to an interest bearing account for Egypt in the 
Federal Reserve Bank of New York within 30 days of enactment of this 
Act.

                         peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 of 
the Foreign Assistance Act of 1961, $115,000,000: Provided, That none of 
the funds appropriated under this heading shall be obligated or expended 
except as provided through the regular notification procedures of the 
Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                   funds appropriated to the president

                  international financial institutions

                       global environment facility

    For the United States contribution for the Global Environment 
Facility, $147,812,533, to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility,

[[Page 117 STAT. 178]]

by the Secretary of the Treasury, to remain available until expended.

        contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $850,000,000, to remain available until 
expended.

      contribution to the multilateral investment guarantee agency

    For payment to the Multilateral Investment Guarantee Agency by the 
Secretary of the Treasury, $1,631,000, for the United States paid-in 
share of the increase in capital stock, to remain available until 
expended.

              limitation on callable capital subscriptions

    The United States Governor of the Multilateral Investment Guarantee 
Agency may subscribe without fiscal year limitation for the callable 
capital portion of the United States share of such capital stock in an 
amount not to exceed $7,609,793.

        contribution to the inter-american investment corporation

    For payment to the Inter-American Investment Corporation, by the 
Secretary of the Treasury, $18,351,667, for the United States share of 
the increase in subscriptions to capital stock, to remain available 
until expended.

contribution to the enterprise for the americas multilateral investment 
                                  fund

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the fund, $24,590,667, to remain available until 
expended.

               contribution to the asian development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended, $97,886,133, 
to remain available until expended.

              contribution to the african development bank

    For payment to the African Development Bank by the Secretary of the 
Treasury, $5,104,473, for the United States paid-in share of the 
increase in capital stock, to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the African Development Bank may 
subscribe without fiscal year limitation for the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $79,602,688.

[[Page 117 STAT. 179]]

              contribution to the african development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the African Development Fund, 
$108,073,333, to remain available until expended.

  contribution to the european bank for reconstruction and development

    For payment to the European Bank for Reconstruction and Development 
by the Secretary of the Treasury, $35,804,955 for the United States 
share of the paid-in portion of the increase in capital stock, to remain 
available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the European Bank for Reconstruction 
and Development may subscribe without fiscal year limitation to the 
callable capital portion of the United States share of such capital 
stock in an amount not to exceed $123,328,178.

   contribution to the international fund for agricultural development

    For the United States contribution by the Secretary of the Treasury 
to increase the resources of the International Fund for Agricultural 
Development, $15,003,667, to remain available until expended.

                international organizations and programs

    For necessary expenses to carry out the provisions of section 301 of 
the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $195,150,000: 
Provided, That none of the funds appropriated under this heading may be 
made available to the Korean Peninsula Energy Development Organization 
(KEDO) or the International Atomic Energy Agency (IAEA): Provided 
further, That of the funds appropriated under this heading, not less 
than $500,000 should be made available for a United States contribution 
to the International Coffee Organization (ICO) if the United States 
becomes a member of the ICO prior to June 1, 2003: Provided further, 
That if the United States does not rejoin the International Coffee 
Organization by June 1, 2003, the amount allocated under the previous 
proviso should be made available for the United Nations Center for Human 
Settlements (UN-HABITAT) in addition to other funds made available for 
UN-HABITAT under this heading.

                       TITLE V--GENERAL PROVISIONS

              obligations during last month of availability

    Sec. 501. Except for the appropriations entitled ``International 
Disaster Assistance'' and ``United States Emergency Refugee and 
Migration Assistance Fund'', not more than 15 percent of any 
appropriation item made available by this Act shall be obligated during 
the last month of availability.

[[Page 117 STAT. 180]]

                   private and voluntary organizations

    Sec. 502. <<NOTE: 22 USC 2151u note.>> (a) None of the funds 
appropriated or otherwise made available by this Act for development 
assistance may be made available to any United States private and 
voluntary organization, except any cooperative development organization, 
which obtains less than 20 percent of its total annual funding for 
international activities from sources other than the United States 
Government: Provided, That the Administrator of the United States Agency 
for International Development, after informing the Committees on 
Appropriations, may, on a case-by-case basis, waive the restriction 
contained in this subsection, after taking into account the 
effectiveness of the overseas development activities of the 
organization, its level of volunteer support, its financial viability 
and stability, and the degree of its dependence for its financial 
support on the agency.

    (b) Funds appropriated or otherwise made available under title II of 
this Act should be made available to private and voluntary organizations 
at a level which is at least equivalent to the level provided in fiscal 
year 1995.

                    limitation on residence expenses

    Sec. 503. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $100,500 shall be for official residence 
expenses of the United States Agency for International Development 
during the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.

                         limitation on expenses

    Sec. 504. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $5,000 shall be for entertainment expenses of 
the United States Agency for International Development during the 
current fiscal year.

                limitation on representational allowances

    Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $125,000 shall be available for representation 
allowances for the United States Agency for International Development 
during the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars: Provided 
further, That of the funds made available by this Act for general costs 
of administering military assistance and sales under the heading 
``Foreign Military Financing Program'', not to exceed $2,000 shall be 
available for entertainment expenses and not to exceed $125,000 shall be 
available for representation allowances: Provided further, That of the 
funds made available by this Act under the heading ``International 
Military Education and Training'', not to exceed $50,000 shall be 
available for entertainment allowances: Provided further, That of the 
funds made available by this Act for the Inter-American Foundation, not 
to exceed $2,000 shall be available for entertainment and representation 
allowances: Provided further, That of the funds made available by this 
Act for the Peace Corps, not to exceed a total of $4,000 shall be 
available

[[Page 117 STAT. 181]]

for entertainment expenses: Provided further, That of the funds made 
available by this Act under the heading ``Trade and Development 
Agency'', not to exceed $2,000 shall be available for representation and 
entertainment allowances.

                 prohibition on financing nuclear goods

    Sec. 506. None of the funds appropriated or made available (other 
than funds for ``Nonproliferation, Anti-terrorism, Demining and Related 
Programs'') pursuant to this Act, for carrying out the Foreign 
Assistance Act of 1961, may be used, except for purposes of nuclear 
safety, to finance the export of nuclear equipment, fuel, or technology.

        prohibition against direct funding for certain countries

    Sec. 507. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, 
Sudan, or Syria: Provided, That for purposes of this section, the 
prohibition on obligations or expenditures shall include direct loans, 
credits, insurance and guarantees of the Export-Import Bank or its 
agents: Provided further, That assistance or other financing under this 
Act or under prior foreign operations, export financing, and related 
programs appropriations Acts may be provided for humanitarian and relief 
assistance for Iraq notwithstanding the provisions of this section or 
any other provision of law, including comparable provisions contained in 
prior foreign operations, export financing, and related programs 
appropriations Acts, if the President determines that the provision of 
assistance or other financing for Iraq is important to the national 
security interests of the United States: Provided further, That such 
assistance or financing shall be subject to the regular notification 
procedures of the Committees on Appropriations, except that 
notifications shall be transmitted at least 5 days in advance of 
obligations of funds: Provided 
further, <<NOTE: President. Reports. Deadline.>> That the President 
shall submit a report to the Committees on Appropriations on the status 
of the allocation, obligation and expenditure of funds made available 
for Iraq not later than every 60 days during fiscal year 2003, beginning 
on March 1, 2003: Provided further, That each such report shall include 
information on programs, projects, and activities that are being funded 
or will be funded with such assistance or financing, and the departments 
and agencies responsible for managing each such program, project, and 
activity: Provided further, <<NOTE: Expiration date.>> That the 
authority of the second proviso of this section to provide assistance 
for Iraq shall expire on the date of enactment of the first subsequent 
supplemental appropriations Act for fiscal year 2003 that contains 
supplemental funding for appropriations accounts contained in this Act.

                             military coups

    Sec. 508. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance to the government of any country whose duly elected head 
of government is deposed by decree or military coup: Provided, That 
assistance may be resumed to such

[[Page 117 STAT. 182]]

government if the President determines and certifies to the Committees 
on Appropriations that subsequent to the termination of assistance a 
democratically elected government has taken office: Provided further, 
That the provisions of this section shall not apply to assistance to 
promote democratic elections or public participation in democratic 
processes: Provided further, That funds made available pursuant to the 
previous provisos shall be subject to the regular notification 
procedures of the Committees on Appropriations.

                       transfers between accounts

    Sec. 509. (a) None of the funds made available by this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    (b) Notwithstanding subsection (a), in addition to transfers made 
by, or authorized elsewhere in, this Act, funds appropriated by this Act 
to carry out the purposes of the Foreign Assistance Act of 1961 may be 
allocated or transferred to agencies of the United States Government 
pursuant to the provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    (c) None of the funds made available by this Act may be obligated 
under an appropriation account to which they were not appropriated, 
except for transfers specifically provided for in this Act, unless the 
President, not less than five days prior to the exercise of any 
authority contained in the Foreign Assistance Act of 1961 to transfer 
funds, consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    (d) Any agreement for the transfer or allocation of funds 
appropriated by this Act, or prior Acts, entered into between the United 
States Agency for International Development and another agency of the 
United States Government under the authority of section 632(a) of the 
Foreign Assistance Act of 1961 or any comparable provision of law, shall 
expressly provide that the Office of the Inspector General for the 
agency receiving the transfer or allocation of such funds shall perform 
periodic program and financial audits of the use of such funds: 
Provided, That funds transferred under such authority may be made 
available for the cost of such audits.

                   deobligation/reobligation authority

    Sec. 510. Obligated balances of funds appropriated to carry out 
section 23 of the Arms Export Control Act as of the end of the fiscal 
year immediately preceding the current fiscal year are, if deobligated, 
hereby continued available during the current fiscal year for the same 
purpose under any authority applicable to such appropriations under this 
Act: Provided, That the authority of this section may not be used in 
fiscal year 2003.

                          availability of funds

    Sec. 511. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part 
I, section 667, chapter 4 of part II of the

[[Page 117 STAT. 183]]

Foreign Assistance Act of 1961, as amended, section 23 of the Arms 
Export Control Act, and funds provided under the heading ``Assistance 
for Eastern Europe and the Baltic States'', shall remain available for 
an additional 4 years from the date on which the availability of such 
funds would otherwise have expired, if such funds are initially 
obligated before the expiration of their respective periods of 
availability contained in this Act: Provided further, That, 
notwithstanding any other provision of this Act, any funds made 
available for the purposes of chapter 1 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 which are allocated or 
obligated for cash disbursements in order to address balance of payments 
or economic policy reform objectives, shall remain available until 
expended.

            limitation on assistance to countries in default

    Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to the government of any country which is 
in default during a period in excess of one calendar year in payment to 
the United States of principal or interest on any loan made to the 
government of such country by the United States pursuant to a program 
for which funds are appropriated under this Act unless the President 
determines, following consultations with the Committees on 
Appropriations, that assistance to such country is in the national 
interest of the United States.

                           commerce and trade

    Sec. 513. (a) None of the funds appropriated or made available 
pursuant to this Act for direct assistance and none of the funds 
otherwise made available pursuant to this Act to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the commodity 
is likely to be in surplus on world markets at the time the resulting 
productive capacity is expected to become operative and if the 
assistance will cause substantial injury to United States producers of 
the same, similar, or competing commodity: Provided, That such 
prohibition shall not apply to the Export-Import Bank if in the judgment 
of its Board of Directors the benefits to industry and employment in the 
United States are likely to outweigh the injury to United States 
producers of the same, similar, or competing commodity, and the Chairman 
of the Board so notifies the Committees on Appropriations.
    (b) None of the funds appropriated by this or any other Act to carry 
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be 
available for any testing or breeding feasibility study, variety 
improvement or introduction, consultancy, publication, conference, or 
training in connection with the growth or production in a foreign 
country of an agricultural commodity for export which would compete with 
a similar commodity grown or produced in the United States: Provided, 
That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact in the export of agricultural commodities of 
        the United States; or

[[Page 117 STAT. 184]]

            (2) research activities intended primarily to benefit 
        American producers.

                           surplus commodities

    Sec. 514. <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury 
shall instruct the United States Executive Directors of the 
International Bank for Reconstruction and Development, the International 
Development Association, the International Finance Corporation, the 
Inter-American Development Bank, the International Monetary Fund, the 
Asian Development Bank, the Inter-American Investment Corporation, the 
North American Development Bank, the European Bank for Reconstruction 
and Development, the African Development Bank, and the African 
Development Fund to use the voice and vote of the United States to 
oppose any assistance by these institutions, using funds appropriated or 
made available pursuant to this Act, for the production or extraction of 
any commodity or mineral for export, if it is in surplus on world 
markets and if the assistance will cause substantial injury to United 
States producers of the same, similar, or competing commodity.

                        notification requirements

    Sec. 515. For the purposes of providing the executive branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Health Programs 
Fund'', ``Development Assistance'', ``International Organizations and 
Programs'', ``Trade and Development Agency'', ``International Narcotics 
Control and Law Enforcement'', ``Andean Counterdrug 
Initiative'',``Assistance for Eastern Europe and the Baltic States'', 
``Assistance for the Independent States of the Former Soviet Union'', 
``Economic Support Fund'', ``Peacekeeping Operations'', ``Capital 
Investment Fund'', ``Operating Expenses of the United States Agency for 
International Development'', ``Operating Expenses of the United States 
Agency for International Development Office of Inspector General'', 
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', 
``Foreign Military Financing Program'', ``International Military 
Education and Training'', ``Peace Corps'', and ``Migration and Refugee 
Assistance'', shall be available for obligation for activities, 
programs, projects, type of materiel assistance, countries, or other 
operations not justified or in excess of the amount justified to the 
Appropriations Committees for obligation under any of these specific 
headings unless the Committees on Appropriations of both Houses of 
Congress are previously notified 15 days in advance: Provided, That the 
President shall not enter into any commitment of funds appropriated for 
the purposes of section 23 of the Arms Export Control Act for the 
provision of major defense equipment, other than conventional 
ammunition, or other major defense items defined to be aircraft, ships, 
missiles, or combat vehicles, not previously justified to Congress or 20 
percent in excess of the quantities justified to Congress unless the 
Committees on Appropriations are notified 15 days in advance of such 
commitment: Provided further, That this section shall not apply to any 
reprogramming for an activity, program, or project under chapter 1 of 
part I of the Foreign Assistance Act of 1961 of less than 10 percent of 
the amount previously justified to the Congress for obligation for such 
activity, program, or project for the current fiscal year: Provided 
further, That the requirements of this section

[[Page 117 STAT. 185]]

or any similar provision of this Act or any other Act, including any 
prior Act requiring notification in accordance with the regular 
notification procedures of the Committees on Appropriations, may be 
waived if failure to do so would pose a substantial risk to human health 
or welfare: Provided further, That in case of any such waiver, 
notification to the Congress, or the appropriate congressional 
committees, shall be provided as early as practicable, but in no event 
later than 3 days after taking the action to which such notification 
requirement was applicable, in the context of the circumstances 
necessitating such waiver: Provided further, That any notification 
provided pursuant to such a waiver shall contain an explanation of the 
emergency circumstances.

limitation on availability of funds for international organizations and 
                                programs

    Sec. 516. Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under this Act or any 
previously enacted Act making appropriations for foreign operations, 
export financing, and related programs, which are returned or not made 
available for organizations and programs because of the implementation 
of section 307(a) of the Foreign Assistance Act of 1961, shall remain 
available for obligation until September 30, 2004.

              independent states of the former soviet union

    Sec. 517. (a) None of the funds appropriated under the heading 
``Assistance for the Independent States of the Former Soviet Union'' 
shall be made available for assistance for a government of an 
Independent State of the former Soviet Union--
            (1) unless that government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, respect for commercial contracts, 
        and equitable treatment of foreign private investment; and
            (2) if that government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures.

Assistance may be furnished without regard to this subsection if the 
President determines that to do so is in the national interest.
    (b) <<NOTE: 22 USC 5814 note.>> None of the funds appropriated under 
the heading ``Assistance for the Independent States of the Former Soviet 
Union'' shall be made available for assistance for a government of an 
Independent State of the former Soviet Union if that government directs 
any action in violation of the territorial integrity or national 
sovereignty of any other Independent State of the former Soviet Union, 
such as those violations included in the Helsinki Final Act: Provided, 
That such funds may be made available without regard to the restriction 
in this subsection if the President determines that to do so is in the 
national security interest of the United States.

    (c) None of the funds appropriated under the heading ``Assistance 
for the Independent States of the Former Soviet Union'' shall be made 
available for any state to enhance its military capability: Provided, 
That this restriction does not apply to demilitarization, demining or 
nonproliferation programs.
    (d) Funds appropriated under the heading ``Assistance for the 
Independent States of the Former Soviet Union'' for the Russian 
Federation, Armenia, Georgia, and Ukraine shall be subject to

[[Page 117 STAT. 186]]

the regular notification procedures of the Committees on Appropriations.
    (e) Funds made available in this Act for assistance for the 
Independent States of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
    (f) Funds appropriated in this or prior appropriations Acts that are 
or have been made available for an Enterprise Fund in the Independent 
States of the Former Soviet Union may be deposited by such Fund in 
interest-bearing accounts prior to the disbursement of such funds by the 
Fund for program purposes. The Fund may retain for such program purposes 
any interest earned on such deposits without returning such interest to 
the Treasury of the United States and without further appropriation by 
the Congress. Funds made available for Enterprise Funds shall be 
expended at the minimum rate necessary to make timely payment for 
projects and activities.
    (g) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated in this Act or prior appropriations Acts 
under the heading ``Assistance for the Independent States of the Former 
Soviet Union'' and under comparable headings in prior appropriations 
Acts, for projects or activities that have as one of their primary 
purposes the fostering of private sector development, the Coordinator 
for United States Assistance to the New Independent States and the 
implementing agency shall encourage the participation of and give 
significant weight to contractors and grantees who propose investing a 
significant amount of their own resources (including volunteer services 
and in-kind contributions) in such projects and activities.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 518. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide any 
financial incentive to any person to undergo sterilizations. None of the 
funds made available to carry out part I of the Foreign Assistance Act 
of 1961, as amended, may be used to pay for any biomedical research 
which relates in whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization as a means of family planning. 
None of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be obligated or expended for any 
country or organization if the President certifies that the use of these 
funds by any such country or organization would violate any of the above 
provisions related to abortions and involuntary sterilizations.

                  export financing transfer authorities

    Sec. 519. Not to exceed 5 percent of any appropriation other than 
for administrative expenses made available for fiscal year 2003, for 
programs under title I of this Act may be transferred

[[Page 117 STAT. 187]]

between such appropriations for use for any of the purposes, programs, 
and activities for which the funds in such receiving account may be 
used, but no such appropriation, except as otherwise specifically 
provided, shall be increased by more than 25 percent by any such 
transfer: Provided, That the exercise of such authority shall be subject 
to the regular notification procedures of the Committees on 
Appropriations.

                    special notification requirements

    Sec. 520. None of the funds appropriated by this Act shall be 
obligated or expended for Colombia, Liberia, Serbia, Sudan, Zimbabwe, 
Pakistan, or the Democratic Republic of the Congo except as provided 
through the regular notification procedures of the Committees on 
Appropriations.

              definition of program, project, and activity

    Sec. 521. For the purpose of this Act, ``program, project, and 
activity'' shall be defined at the appropriations Act account level and 
shall include all appropriations and authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economic Support Fund and Foreign Military Financing Program, 
``program, project, and activity'' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the United States 
Agency for International Development ``program, project, and activity'' 
shall also be considered to include central, country, regional, and 
program level funding, either as: 
(1) <<NOTE: Reports. Deadline.>> justified to the Congress; or (2) 
allocated by the executive branch in accordance with a report, to be 
provided to the Committees on Appropriations within 30 days of the 
enactment of this Act, as required by section 653(a) of the Foreign 
Assistance Act of 1961.

                  child survival and health activities

    Sec. 522. Up to $13,500,000 of the funds made available by this Act 
for assistance under the heading ``Child Survival and Health Programs 
Fund'', may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
assigned to, or contracted by, as the case may be, the United States 
Agency for International Development for the purpose of carrying out 
activities under that heading: Provided, That up to $3,500,000 of the 
funds made available by this Act for assistance under the heading 
``Development Assistance'' may be used to reimburse such agencies, 
institutions, and organizations for such costs of such individuals 
carrying out other development assistance activities: Provided further, 
That funds appropriated by this Act that are made available for child 
survival activities or disease programs including activities relating to 
research on, and the prevention, treatment and control of, HIV/AIDS may 
be made available notwithstanding any other provision of law: Provided 
further, That funds appropriated under title II of this Act may be made 
available pursuant to section 301 of the Foreign Assistance Act of 1961 
if a primary purpose of the

[[Page 117 STAT. 188]]

assistance is for child survival and related programs: Provided further, 
That of the funds appropriated under title II of this Act, not less than 
$446,500,000 shall be made available for family planning/reproductive 
health.

                               afghanistan

    Sec. 523. Of the funds appropriated by title II of this Act, not 
less than $295,500,000 shall be made available for humanitarian, 
reconstruction, and related assistance for Afghanistan: Provided, That 
of the funds made available pursuant to this section, not less than 
$50,000,000 should be from funds appropriated under the heading 
``Economic Support Fund'' for rehabilitation of primary roads, 
implementation of the Bonn Agreement and women's development, of which 
not less than $5,000,000 is to support activities coordinated by the 
Afghan Ministry of Women's Affairs, including the establishment and 
support of multi-service women's centers in Afghanistan: Provided 
further, That of the funds made available pursuant to this section from 
``Development Assistance'', ``International Disaster Assistance'' and 
``Transition Initiatives'', high priority should be placed on girls' and 
women's education, health, legal and social rights, economic 
opportunities, and political participation by women: Provided further, 
That assistance should be made available to communities and families 
that were adversely affected by the military operations: Provided 
further, That of the funds made available pursuant to this section, up 
to $9,850,000 may be transferred to and merged with funds appropriated 
by this Act under the headings ``Operating Expenses of the United States 
Agency for International Development'' and ``Operating Expenses of the 
United States Agency for International Development Inspector General''.

                notification on excess defense equipment

    Sec. 524. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 1961, 
the Department of Defense shall notify the Committees on Appropriations 
to the same extent and under the same conditions as are other committees 
pursuant to subsection (f) of that section: Provided, That before 
issuing a letter of offer to sell excess defense articles under the Arms 
Export Control Act, the Department of Defense shall notify the 
Committees on Appropriations in accordance with the regular notification 
procedures of such Committees if such defense articles are significant 
military equipment (as defined in section 47(9) of the Arms Export 
Control Act) or are valued (in terms of original acquisition cost) at 
$7,000,000 or more, or if notification is required elsewhere in this Act 
for the use of appropriated funds for specific countries that would 
receive such excess defense articles: Provided further, That such 
Committees shall also be informed of the original acquisition cost of 
such defense articles.

                        authorization requirement

    Sec. 525. Funds appropriated by this Act, except funds appropriated 
under the headings ``Trade and Development Agency'', ``International 
Military Education and Training'', ``Foreign Military Financing 
Program'', ``Migration and Refugee Assistance'', ``Peace

[[Page 117 STAT. 189]]

Corps'', and ``Nonproliferation, Anti-Terrorism, Demining and Related 
Programs'', may be obligated and expended notwithstanding section 10 of 
Public Law 91-672 and section 15 of the State Department Basic 
Authorities Act of 1956.

                           democracy programs

    Sec. 526. (a) Notwithstanding any other provision of law, of the 
funds appropriated by this Act to carry out the provisions of chapter 4 
of part II of the Foreign Assistance Act of 1961, not less than 
$15,000,000 shall be made available for assistance for activities to 
support democracy, human rights, and the rule of law in the People's 
Republic of China, Hong Kong and Tibet: Provided, That not to exceed 
$3,000,000 may be made available to nongovernmental organizations to 
support activities which preserve cultural traditions and promote 
sustainable development and environmental conservation in Tibetan 
communities in the Tibetan Autonomous Region and in other Tibetan 
communities in China: Provided further, That funds appropriated under 
the heading ``Economic Support Fund'' should be made available for 
assistance for Taiwan for the purposes of furthering political and legal 
reforms: Provided further, That such funds shall only be made available 
to the extent that they are matched from sources other than the United 
States Government: Provided further, That funds made available pursuant 
to the authority of this subsection shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (b) In addition to the funds made available in subsection (a), of 
the funds appropriated by this Act under the heading ``Economic Support 
Fund'' not less than $15,000,000 shall be made available for programs 
and activities to foster democracy, human rights, civic education, 
women's development, press freedoms, and the rule of law in countries 
with a significant Muslim population, and where such programs and 
activities would be important to United States efforts to respond to, 
deter, or prevent acts of international terrorism: Provided, That funds 
made available pursuant to the authority of this subsection should 
support new initiatives or bolster ongoing programs and activities in 
those countries: Provided further, That not less than $3,000,000 should 
be made available for programs and activities that provide professional 
training for journalists: Provided further, That notwithstanding any 
other provision of law, funds made available pursuant to the authority 
of this subsection may be made available to support the advancement of 
democracy and human rights in Iran: Provided further, That funds made 
available pursuant to this subsection shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (c) Of the funds made available under subsection (a), not less than 
$9,000,000 shall be made available for the Human Rights and Democracy 
Fund of the Bureau of Democracy, Human Rights and Labor, Department of 
State, to support the activities described in subsection (a), and of the 
funds made available under subsection (b), not less than $7,000,000 
shall be made available for such Fund to support the activities 
described in subsection (b): Provided, That funds made available in this 
section for such Fund are in addition to the $12,000,000 requested by 
the President for the Fund for fiscal year 2003.

[[Page 117 STAT. 190]]

    (d) Of the funds made available under subsection (a), not less than 
$3,000,000 shall be made available for the National Endowment for 
Democracy to support the activities described in subsection (a), and of 
the funds made available under subsection (b), not less than $5,000,000 
shall be made available for the National Endowment for Democracy to 
support the activities described in subsection (b): 
Provided, <<NOTE: Reports. Deadline.>> That the funds appropriated by 
this Act that are made available for the National Endowment for 
Democracy may be made available notwithstanding any other provision of 
law or regulation, and the Secretary of State shall provide a report to 
the Committees on Appropriations within 120 days of the date of 
enactment of this Act on the status of the allocation, obligation, and 
expenditure of such funds.

       prohibition on bilateral assistance to terrorist countries

    Sec. 527. (a) Funds appropriated for bilateral assistance under any 
heading of this Act and funds appropriated under any such heading in a 
provision of law enacted prior to the enactment of this Act, shall not 
be made available to any country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.

    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. <<NOTE: President. Federal 
Register, publication. Notification.>> The President shall publish each 
waiver in the Federal Register and, at least 15 days before the waiver 
takes effect, shall notify the Committees on Appropriations of the 
waiver (including the justification for the waiver) in accordance with 
the regular notification procedures of the Committees on Appropriations.

                          debt-for-development

    Sec. 528. In order to enhance the continued participation of 
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or 
contractor of the United States Agency for International Development may 
place in interest bearing accounts local currencies which accrue to that 
organization as a result of economic assistance provided under title II 
of this Act and any interest earned on such investment shall be used for 
the purpose for which the assistance was provided to that organization.

                            separate accounts

    Sec. 529. <<NOTE: 22 USC 2362 note.>> (a) Separate Accounts for 
Local Currencies.--(1) If assistance is furnished to the government of a 
foreign country under chapters 1 and 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961 under agreements which result 
in the generation of local currencies of that country, the Administrator 
of the United States Agency for International Development shall--
            (A) require that local currencies be deposited in a separate 
        account established by that government;

[[Page 117 STAT. 191]]

            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated; and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent with 
                this section; and
            (C) establish by agreement with that government the 
        responsibilities of the United States Agency for International 
        Development and that government to monitor and account for 
        deposits into and disbursements from the separate account.

    (2) Uses of Local Currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local currencies, 
shall be used only--
            (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities; or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United States 
        Government.

    (3) Programming Accountability.--The United States Agency for 
International Development shall take all necessary steps to ensure that 
the equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established pursuant to subsection 
(a)(1) are used for the purposes agreed upon pursuant to subsection 
(a)(2).
    (4) Termination of Assistance Programs.--Upon termination of 
assistance to a country under chapter 1 or 10 of part I or chapter 4 of 
part II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established pursuant to subsection (a) 
shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
    (5) Reporting Requirement.--The Administrator of the United States 
Agency for International Development shall report on an annual basis as 
part of the justification documents submitted to the Committees on 
Appropriations on the use of local currencies for the administrative 
requirements of the United States Government as authorized in subsection 
(a)(2)(B), and such report shall include the amount of local currency 
(and United States dollar equivalent) used and/or to be used for such 
purpose in each applicable country.
    (b) Separate Accounts for Cash Transfers.--(1) If assistance is made 
available to the government of a foreign country, under chapter 1 or 10 
of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, 
as cash transfer assistance or as nonproject sector assistance, that 
country shall be required to maintain such funds in a separate account 
and not commingle them with any other funds.
    (2) Applicability of Other Provisions of Law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the Committee 
of Conference accompanying House Joint Resolution 648 (House Report No. 
98-1159).

[[Page 117 STAT. 192]]

    (3) <<NOTE: President.>> Notification.--At least 15 days prior to 
obligating any such cash transfer or nonproject sector assistance, the 
President shall submit a notification through the regular notification 
procedures of the Committees on Appropriations, which shall include a 
detailed description of how the funds proposed to be made available will 
be used, with a discussion of the United States interests that will be 
served by the assistance (including, as appropriate, a description of 
the economic policy reforms that will be promoted by such assistance).

    (4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the notification 
procedures of the Committees on Appropriations.

  compensation for united states executive directors to international 
                         financial institutions

    Sec. 530. (a) No funds appropriated by this Act may be made as 
payment to any international financial institution while the United 
States Executive Director to such institution is compensated by the 
institution at a rate which, together with whatever compensation such 
Director receives from the United States, is in excess of the rate 
provided for an individual occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code, or 
while any alternate United States Director to such institution is 
compensated by the institution at a rate in excess of the rate provided 
for an individual occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
    (b) For purposes of this section, ``international financial 
institutions'' are: the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary Fund, the North 
American Development Bank, and the European Bank for Reconstruction and 
Development.

          compliance with united nations sanctions against iraq

    Sec. 531. <<NOTE: 50 USC 1701 note.>> None of the funds appropriated 
or otherwise made available pursuant to this Act to carry out the 
Foreign Assistance Act of 1961 (including title IV of chapter 2 of part 
I, relating to the Overseas Private Investment Corporation) or the Arms 
Export Control Act may be used to provide assistance to any country that 
is not in compliance with the United Nations Security Council sanctions 
against Iraq unless the President determines and so certifies to the 
Congress that--
            (1) such assistance is in the national interest of the 
        United States;
            (2) such assistance will directly benefit the needy people 
        in that country; or
            (3) the assistance to be provided will be humanitarian 
        assistance for foreign nationals who have fled Iraq and Kuwait.

 authorities for the peace corps, inter-american foundation and african 
                         development foundation

    Sec. 532. Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior

[[Page 117 STAT. 193]]

Acts authorizing or making appropriations for foreign operations, export 
financing, and related programs, shall not be construed to prohibit 
activities authorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act or the African Development Foundation 
Act. <<NOTE: Reports.>> The agency shall promptly report to the 
Committees on Appropriations whenever it is conducting activities or is 
proposing to conduct activities in a country for which assistance is 
prohibited.

                   impact on jobs in the united states

    Sec. 533. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (a) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States; or
            (b) assistance for any program, project, or activity that 
        contributes to the violation of internationally recognized 
        workers rights, as defined in section 507(4) of the Trade Act of 
        1974, of workers in the recipient country, including any 
        designated zone or area in that country: Provided, That the 
        application of section 507(4)(D) and (E) of such Act should be 
        commensurate with the level of development of the recipient 
        country and sector, and shall not preclude assistance for the 
        informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

                           special authorities

    Sec. 534. (a) Afghanistan, Lebanon, Montenegro, Victims of War, 
Displaced Children, and Displaced Burmese.--Funds appropriated by this 
Act that are made available for assistance for Afghanistan may be made 
available notwithstanding section 512 of this Act and any similar 
provision of law, and funds appropriated in titles I and II of this Act 
that are made available for Lebanon, Montenegro, and for victims of war, 
displaced children, and displaced Burmese, and to assist victims of 
trafficking in persons and, subject to the regular notification 
procedures of the Committees on Appropriations, to combat such 
trafficking, may be made available notwithstanding any other provision 
of law.
    (b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections 
103 through 106, and chapter 4 of part II, of the Foreign Assistance Act 
of 1961 may be used, notwithstanding any other provision of law, for the 
purpose of supporting tropical forestry and biodiversity conservation 
activities and energy programs aimed at reducing greenhouse gas 
emissions: Provided, That such assistance shall be subject to sections 
116, 502B, and 620A of the Foreign Assistance Act of 1961.
    (c) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by the United 
States Agency for International

[[Page 117 STAT. 194]]

Development to employ up to 20 personal services contractors in the 
United States, notwithstanding any other provision of law, for the 
purpose of providing direct, interim support for new or expanded 
overseas programs and activities managed by the agency until permanent 
direct hire personnel are hired and trained: Provided, That not more 
than 7 of such contractors shall be assigned to any bureau or office: 
Provided further, That such funds appropriated to carry out the Foreign 
Assistance Act of 1961 may be made available for personal services 
contractors assigned only to the Office of Procurement; the Bureau for 
Africa; and the Bureau for Asia and the Near East: Provided further, 
That such funds appropriated to carry out title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be made available only 
for personal services contractors assigned to the Office of Food for 
Peace.
    (d)(1) Waiver.--The President may waive the provisions of section 
1003 of Public Law 100-204 if the President determines and certifies in 
writing to the Speaker of the House of Representatives and the President 
pro tempore of the Senate that it is important to the national security 
interests of the United States.
    (2) Period of Application of Waiver.--Any waiver pursuant to 
paragraph (1) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (e) Contingencies.--During fiscal year 2003, the President may use 
up to $45,000,000 under the authority of section 451 of the Foreign 
Assistance Act, notwithstanding the funding ceiling in section 451(a).
    (f) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (g) Shipment of Humanitarian Assistance.--During fiscal year 2003, 
of the amounts made available by the United States Agency for 
International Development to carry out the provisions of section 123(b) 
of the Foreign Assistance Act of 1961, funds may be made available to 
nongovernmental organizations for administrative costs necessary to 
implement a program to obtain available donated space on commercial 
ships for the shipment of humanitarian assistance overseas.
    (h) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (i) Repeal.--Section 545(d) of Public Law 106-429, and comparable 
provisions contained in prior Acts making appropriations for foreign 
operations, export financing, and related programs, <<NOTE: 114 
Stat. 1900A-39.>>  are hereby repealed.

    (j) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance of the United States 
Agency for International Development, from this or any other Act, not 
less than $6,000,000 should be made available

[[Page 117 STAT. 195]]

as a general contribution to the World Food Program, notwithstanding any 
other provision of law.

                      arab league boycott of israel

    Sec. 535. It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the secondary 
        boycott of American firms that have commercial ties with Israel, 
        is an impediment to peace in the region and to United States 
        investment and trade in the Middle East and North Africa;
            (2) the Arab League boycott, which was regrettably 
        reinstated in 1997, should be immediately and publicly 
        terminated, and the Central Office for the Boycott of Israel 
        immediately disbanded;
            (3) the three Arab League countries with diplomatic and 
        trade relations with Israel should return their ambassadors to 
        Israel, should refrain from downgrading their relations with 
        Israel, and should play a constructive role in securing a 
        peaceful resolution of the Israeli-Arab conflict;
            (4) the remaining Arab League states should normalize 
        relations with their neighbor Israel;
            (5) the President and the Secretary of State should continue 
        to vigorously oppose the Arab League boycott of Israel and find 
        concrete steps to demonstrate that opposition by, for example, 
        taking into consideration the participation of any recipient 
        country in the boycott when determining to sell weapons to said 
        country; and
            (6) the President should report to Congress annually on 
        specific steps being taken by the United States to encourage 
        Arab League states to normalize their relations with Israel to 
        bring about the termination of the Arab League boycott of 
        Israel, including those to encourage allies and trading partners 
        of the United States to enact laws prohibiting businesses from 
        complying with the boycott and penalizing businesses that do 
        comply.

                  administration of justice activities

    Sec. 536. Of the funds appropriated or otherwise made available by 
this Act for ``Economic Support Fund'', assistance may be provided to 
strengthen the administration of justice in countries in Latin America 
and the Caribbean and in other regions consistent with the provisions of 
section 534(b) of the Foreign Assistance Act of 1961, except that 
programs to enhance protection of participants in judicial cases may be 
conducted notwithstanding section 660 of that Act. Funds made available 
pursuant to this section may be made available notwithstanding section 
534(c) and the second and third sentences of section 534(e) of the 
Foreign Assistance Act of 1961.

                       eligibility for assistance

    Sec. 537. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter

[[Page 117 STAT. 196]]

4 of part II of the Foreign Assistance Act of 1961, and from funds 
appropriated under the heading ``Assistance for Eastern Europe and the 
Baltic States'': Provided, <<NOTE: President. Notification.>> That 
before using the authority of this subsection to furnish assistance in 
support of programs of nongovernmental organizations, the President 
shall notify the Committees on Appropriations under the regular 
notification procedures of those committees, including a description of 
the program to be assisted, the assistance to be provided, and the 
reasons for furnishing such assistance: Provided further, That nothing 
in this subsection shall be construed to alter any existing statutory 
prohibitions against abortion or involuntary sterilizations contained in 
this or any other Act.

    (b) Public Law 480.--During fiscal year 2003, restrictions contained 
in this or any other Act with respect to assistance for a country shall 
not be construed to restrict assistance under the Agricultural Trade 
Development and Assistance Act of 1954: Provided, That none of the funds 
appropriated to carry out title I of such Act and made available 
pursuant to this subsection may be obligated or expended except as 
provided through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to the government of a country that violates 
        internationally recognized human rights.

                                earmarks

    Sec. 538. (a) Funds appropriated by this Act which are earmarked may 
be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by operation of any provision of this or any other Act: 
Provided, That any such reprogramming shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That assistance that is reprogrammed pursuant to this 
subsection shall be made available under the same terms and conditions 
as originally provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the United States Agency for International Development 
that are earmarked for particular programs or activities by this or any 
other Act shall be extended for an additional fiscal year if the 
Administrator of such agency determines and reports promptly to the 
Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such earmarked funds can be obligated during the original period of 
availability: Provided, That such earmarked funds that are continued 
available for an additional fiscal year shall be obligated only for the 
purpose of such earmark.

[[Page 117 STAT. 197]]

                          ceilings and earmarks

    Sec. 539. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so directs. 
Earmarks or minimum funding requirements contained in any other Act 
shall not be applicable to funds appropriated by this Act.

                 prohibition on publicity or propaganda

    Sec. 540. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of the enactment of this Act by the 
Congress: Provided, That not to exceed $750,000 may be made available to 
carry out the provisions of section 316 of Public Law 96-533.

            prohibition of payments to united nations members

    Sec. 541. None of the funds appropriated or made available pursuant 
to this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations or, from funds appropriated by this Act 
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, 
the costs for participation of another country's delegation at 
international conferences held under the auspices of multilateral or 
international organizations.

              nongovernmental organizations--documentation

    Sec. 542. None of the funds appropriated or made available pursuant 
to this Act shall be available to a nongovernmental organization which 
fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the United States Agency for 
International Development.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 543. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 6(j) of the Export Administration 
Act. <<NOTE: Termination date.>>  The prohibition under this section 
with respect to a foreign government shall terminate 12 months after 
that government ceases to provide such military 
equipment. <<NOTE: Applicability.>>  This section applies with respect 
to lethal military equipment provided under a contract entered into 
after October 1, 1997.

    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of the 
United States.
    (c) <<NOTE: President. Reports.>> Whenever the waiver authority of 
subsection (b) is exercised, the President shall submit to the 
appropriate congressional committees a report with respect to the 
furnishing of such assistance.

[[Page 117 STAT. 198]]

Any such report shall include a detailed explanation of the assistance 
to be provided, including the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers United 
States national interests.

  withholding of assistance for parking fines owed by foreign countries

    Sec. 544. <<NOTE: District of Columbia. New 
York. Certification. Reports.>> (a) In General.--Of the funds 
appropriated under this Act that are made available for a foreign 
country under part I of the Foreign Assistance Act of 1961, an amount 
equivalent to 110 percent of the total unpaid fines determined to be 
owed under the parking programs in the District of Columbia and New York 
City, New York by such country as of September 30, 2002 that were 
incurred after the first day of the fiscal year preceding the current 
fiscal year shall be withheld from obligation for such country until the 
Secretary of State certifies and reports in writing to the appropriate 
congressional committees that such fines and penalties are fully paid to 
the governments of the District of Columbia and New York City, New York.

    (b) Definition.--For purposes of this section, the term 
``appropriate congressional committees'' means the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and the 
Committee on International Relations and the Committee on Appropriations 
of the House of Representatives.

     limitation on assistance for the plo for the west bank and gaza

    Sec. 545. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the President has exercised the authority 
under section 604(a) of the Middle East Peace Facilitation Act of 1995 
(title VI of Public Law 104-107) or any other legislation to suspend or 
make inapplicable section 307 of the Foreign Assistance Act of 1961 and 
that suspension is still in effect: Provided, That if the President 
fails to make the certification under section 604(b)(2) of the Middle 
East Peace Facilitation Act of 1995 or to suspend the prohibition under 
other legislation, funds appropriated by this Act may not be obligated 
for assistance for the Palestine Liberation Organization for the West 
Bank and Gaza.

                      war crimes tribunals drawdown

    Sec. 546. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as 
amended, of up to $30,000,000 of commodities and services for the United 
Nations War Crimes Tribunal established with regard to the former 
Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish or authorize to 
deal with such violations, without regard to the ceiling limitation 
contained in paragraph (2) thereof: Provided, That the determination 
required under this section shall be in lieu of any determinations 
otherwise required under section 552(c): Provided further, That the 
drawdown made under this section for any tribunal shall not be construed 
as an

[[Page 117 STAT. 199]]

endorsement or precedent for the establishment of any standing or 
permanent international criminal tribunal or court: Provided further, 
That funds made available for tribunals other than Yugoslavia or Rwanda 
shall be made available subject to the regular notification procedures 
of the Committees on Appropriations.

                                landmines

    Sec. 547. Notwithstanding any other provision of law, demining 
equipment available to the United States Agency for International 
Development and the Department of State and used in support of the 
clearance of landmines and unexploded ordnance for humanitarian purposes 
may be disposed of on a grant basis in foreign countries, subject to 
such terms and conditions as the President may prescribe.

            restrictions concerning the palestinian authority

    Sec. 548. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office of 
any department or agency of the United States Government for the purpose 
of conducting official United States Government business with the 
Palestinian Authority over Gaza and Jericho or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for in 
the Israel-PLO Declaration of Principles, for the purpose of conducting 
official United States Government business with such authority should 
continue to take place in locations other than Jerusalem. As has been 
true in the past, officers and employees of the United States Government 
may continue to meet in Jerusalem on other subjects with Palestinians 
(including those who now occupy positions in the Palestinian Authority), 
have social contacts, and have incidental discussions.

               prohibition of payment of certain expenses

    Sec. 549. None of the funds appropriated or otherwise made available 
by this Act under the heading ``International Military Education and 
Training'' or ``Foreign Military Financing Program'' for Informational 
Program activities or under the headings ``Child Survival and Health 
Programs Fund'', ``Development Assistance'', and ``Economic Support 
Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including but not 
        limited to entrance fees at sporting events, theatrical and 
        musical productions, and amusement parks.

   restrictions on voluntary contributions to united nations agencies

    Sec. 550. None of the funds appropriated by this Act may be made 
available to pay any voluntary contribution of the United

[[Page 117 STAT. 200]]

States to the United Nations (including the United Nations Development 
Program) if the United Nations implements or imposes any taxation on any 
United States persons.

                             caribbean basin

    Sec. 551. (a) The Government of Haiti shall be eligible to purchase 
defense articles and services under the Arms Export Control Act (22 
U.S.C. 2751 et seq.), for the Coast Guard.
    (b) Of the funds appropriated by title II of this Act and of the 
funds appropriated to carry out food assistance programs managed by the 
United States Agency for International Development, a total of not less 
than $52,500,000 should be allocated for assistance for Haiti in fiscal 
year 2003.
    (c) Of the funds appropriated by title II of this Act, a total of 
$37,680,000 should be allocated for assistance for Nicaragua and 
$40,130,000 should be allocated for assistance for Honduras, to address 
the conditions of increasing poverty in the rural sectors of those 
countries through programs that support, among other things, increased 
agricultural production and other income generating opportunities, 
improved health, and expanded education opportunities, especially for 
disadvantaged youth.

          limitation on assistance to the palestinian authority

    Sec. 552. (a) Prohibition of Funds.--None of the funds appropriated 
by this Act to carry out the provisions of chapter 4 of part II of the 
Foreign Assistance Act of 1961 may be obligated or expended with respect 
to providing funds to the Palestinian Authority.
    (b) Waiver.--The prohibition included in subsection (a) shall not 
apply if the President certifies in writing to the Speaker of the House 
of Representatives and the President pro tempore of the Senate that 
waiving such prohibition is important to the national security interests 
of the United States.
    (c) Period of Application of Waiver.--Any waiver pursuant to 
subsection (b) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.

               limitation on assistance to security forces

    Sec. 553. <<NOTE: Human rights.>> None of the funds made available 
by this Act may be provided to any unit of the security forces of a 
foreign country if the Secretary of State has credible evidence that 
such unit has committed gross violations of human rights, unless the 
Secretary determines and reports to the Committees on Appropriations 
that the government of such country is taking effective measures to 
bring the responsible members of the security forces unit to justice: 
Provided, That nothing in this section shall be construed to withhold 
funds made available by this Act from any unit of the security forces of 
a foreign country not credibly alleged to be involved in gross 
violations of human rights: Provided 
further, <<NOTE: Notification.>> That in the event that funds are 
withheld from any unit pursuant to this section, the Secretary of State 
shall promptly inform the foreign government of the basis for such 
action and shall, to the maximum extent practicable, assist the foreign 
government in taking effective

[[Page 117 STAT. 201]]

measures to bring the responsible members of the security forces to 
justice.

             protection of biodiversity and tropical forests

    Sec. 554. Of the funds appropriated under the heading ``Development 
Assistance'', not less than $145,000,000 should be made available for 
programs and activities which directly protect biodiversity, including 
forests, in developing countries: Provided, That of the funds made 
available under this section, $50,000,000 shall be made available to 
carry out tropical forest conservation activities authorized by the 
Foreign Assistance Act of 1961, of which amount up to $40,000,000 may be 
made available for the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of modifying loans and loan 
guarantees, pursuant to the provisions of part V of such Act, the 
Tropical Forest Conservation Act of 1998.

    energy conservation, energy efficiency and clean energy programs

    Sec. 555. (a) Funding.--Of the funds appropriated by this Act, not 
less than $175,000,000 should be made available to support policies and 
programs in developing countries and countries in transition that 
directly: (1) promote a wide range of energy conservation, energy 
efficiency and clean energy programs and activities, including the 
transfer of clean and environmentally sustainable energy technologies; 
(2) measure, monitor, and reduce greenhouse gas emissions; (3) increase 
carbon sequestration activities; and (4) enhance climate change 
mitigation and adaptation programs.
    (b) Greenhouse Gas Emissions Report.-- 
<<NOTE: Deadline. President.>> Not later than 45 days after the date on 
which the President's fiscal year 2004 budget request is submitted to 
Congress, the President shall submit a report to the Committees on 
Appropriations describing in detail the following--
            (1) all Federal agency obligations and expenditures, 
        domestic and international, for climate change programs and 
        activities in fiscal year 2003, including an accounting of 
        expenditures by agency with each agency identifying climate 
        change activities and associated costs by line item as presented 
        in the President's Budget Appendix; and
            (2) all fiscal year 2002 obligations and estimated 
        expenditures, fiscal year 2003 estimated expenditures and 
        estimated obligations, and fiscal year 2004 requested funds by 
        the United States Agency for International Development, by 
        country and central program, for each of the following: (i) to 
        promote the transfer and deployment of a wide range of United 
        States clean energy and energy efficiency technologies; (ii) to 
        assist in the measurement, monitoring, reporting, verification, 
        and reduction of greenhouse gas emissions; (iii) to promote 
        carbon capture and sequestration measures; (iv) to help meet 
        such countries' responsibilities under the Framework Convention 
        on Climate Change; and (v) to develop assessments of the 
        vulnerability to impacts of climate change and mitigation and 
        adaptation response strategies.

[[Page 117 STAT. 202]]

                                zimbabwe

    Sec. 556. <<NOTE: 22 USC 2151 note.>> The Secretary of the Treasury 
shall instruct the United States executive director to each 
international financial institution to vote against any extension by the 
respective institution of any loans, to the Government of Zimbabwe, 
except to meet basic human needs or to promote democracy, unless the 
Secretary of State determines and certifies to the Committees on 
Appropriations that the rule of law has been restored in Zimbabwe, 
including respect for ownership and title to property, freedom of speech 
and association.

                                 nigeria

    Sec. 557. None of the funds appropriated under the headings 
``International Military Education and Training'' and ``Foreign Military 
Financing Program'' may be made available for assistance for Nigeria 
until the President certifies to the Committees on Appropriations that 
the Nigerian Minister of Defense, the Chief of the Army Staff, and the 
Minister of State for Defense/Army are suspending from the Armed Forces 
those members, of whatever rank, against whom there is credible evidence 
of gross violations of human rights in Benue State in October 2001, and 
the Government of Nigeria and the Nigerian Armed Forces are taking 
effective measures to bring such individuals to justice: Provided, That 
the President may waive such prohibition if he determines that doing so 
is in the national security interest of the United States: Provided 
further, <<NOTE: President. Reports.>> That prior to exercising such 
waiver authority, the President shall submit a report to the Committees 
on Appropriations describing the involvement of the Nigerian Armed 
Forces in the incident in Benue State, the measures that are being taken 
to bring such individuals to justice, and whether any Nigerian Armed 
Forces units involved with the incident in Benue State are receiving 
United States assistance.

                                  burma

    Sec. 558. Of the funds appropriated under the heading ``Economic 
Support Fund'', not less than $7,000,000 shall be made available to 
support democracy activities in Burma, along the Burma-Thailand border, 
for activities of Burmese student groups and other organizations located 
outside Burma, and for the purpose of supporting the provision of 
humanitarian assistance to displaced Burmese along Burma's borders: 
Provided, That of this amount $500,000 should be made available to 
support newspapers, publications, and other media activities promoting 
democracy inside Burma: Provided further, That funds made available 
under this heading may be made available notwithstanding any other 
provision of law: Provided further, That funds made available by this 
section shall be subject to the regular notification procedures of the 
Committees on Appropriations.

                      enterprise fund restrictions

    Sec. 559. <<NOTE: President. Reports.>> Prior to the distribution of 
any assets resulting from any liquidation, dissolution, or winding up of 
an Enterprise Fund, in whole or in part, the President shall submit to 
the Committees

[[Page 117 STAT. 203]]

on Appropriations, in accordance with the regular notification 
procedures of the Committees on Appropriations, a plan for the 
distribution of the assets of the Enterprise Fund.

                                cambodia

    Sec. 560. (a) The Secretary of the Treasury should instruct the 
United States executive directors of the international financial 
institutions to use the voice and vote of the United States to oppose 
loans to the Central Government of Cambodia, except loans to meet basic 
human needs.
    (b)(1) None of the funds appropriated by this Act may be made 
available for assistance for the Central Government of Cambodia.
    (2) Paragraph (1) shall not apply to assistance for basic education, 
reproductive and maternal and child health, cultural and historic 
preservation, programs for the prevention, treatment, and control of, 
and research on, HIV/AIDS, tuberculosis, malaria, polio and other 
infectious diseases, programs to combat human trafficking that are 
provided through nongovernmental organizations, and for the Ministry of 
Women and Veterans Affairs to combat human trafficking.
    (c) Of the funds appropriated by this Act under the heading 
``Economic Support Fund'', up to $5,000,000 may be made available for 
activities to support democracy, including assistance for democratic 
political parties.
    (d) Of the funds appropriated by this Act, $3,750,000 shall be made 
available, notwithstanding subsection (b), as a contribution for an 
endowment to sustain rehabilitation programs for Cambodians suffering 
from physical disabilities that are administered by an American 
nongovernmental organization that is directly supported by the United 
States Agency for International Development: Provided, That such funds 
may be made available only if an amount at least equal to one-half the 
United States contribution is provided for the endowment from sources 
other than the United States Government.

                    foreign military training report

    Sec. 561. <<NOTE: Deadline.>> (a) The Secretary of Defense and the 
Secretary of State shall jointly provide to the Congress by May 1, 2003, 
a report on all military training provided to foreign military personnel 
(excluding sales, and excluding training provided to the military 
personnel of countries belonging to the North Atlantic Treaty 
Organization) under programs administered by the Department of Defense 
and the Department of State during fiscal years 2002 and 2003, including 
those proposed for fiscal year 2003. This report shall include, for each 
such military training activity, the foreign policy justification and 
purpose for the training activity, the cost of the training activity, 
the number of foreign students trained and their units of operation, and 
the location of the training. In addition, this report shall also 
include, with respect to United States personnel, the operational 
benefits to United States forces derived from each such training 
activity and the United States military units involved in each such 
training activity. This report may include a classified annex if deemed 
necessary and appropriate.

    (b) For purposes of this section a report to Congress shall be 
deemed to mean a report to the Appropriations and Foreign

[[Page 117 STAT. 204]]

Relations Committees of the Senate and the Appropriations and 
International Relations Committees of the House of Representatives.

            korean peninsula energy development organization

    Sec. 562. None of the funds appropriated by this Act, or prior Acts 
making appropriations for foreign operations, export financing, and 
related programs, may be made available for assistance to the Korean 
Peninsula Energy Organization (KEDO): Provided, That the President may 
waive this restriction and provide up to $5,000,000 of funds 
appropriated under the heading ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'' for assistance to KEDO for 
administrative expenses only notwithstanding any other provision of law, 
if he determines that it is vital to the national security interests of 
the United States and provides a written policy justification to the 
appropriate congressional committees: Provided further, That funds may 
be obligated for assistance to KEDO subject to the regular notification 
procedures of the Committees on Appropriations.

                          palestinian statehood

    Sec. 563. (a) Limitation on Assistance.--None of the funds 
appropriated by this Act may be provided to support a Palestinian state 
unless the Secretary of State determines and certifies to the 
appropriate congressional committees that--
            (1) a new leadership of a Palestinian governing entity has 
        been democratically elected through credible and competitive 
        elections;
            (2) the elected governing entity of a new Palestinian 
        state--
                    (A) has demonstrated a firm commitment to peaceful 
                co-existence with the State of Israel;
                    (B) is taking appropriate measures to counter 
                terrorism and terrorist financing in the West Bank and 
                Gaza, including the dismantling of terrorist 
                infrastructures;
                    (C) is establishing a new Palestinian security 
                entity that is fully cooperative with appropriate 
                Israeli and other appropriate security organizations; 
                and
            (3) the Palestinian Authority (or the governing body of a 
        new Palestinian state) is working with other countries in the 
        region to vigorously pursue efforts to establish a just, 
        lasting, and comprehensive peace in the Middle East that will 
        enable Israel and an independent Palestinian state to exist 
        within the context of full and normal relationships, which 
        should include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgement of the 
                sovereignty, territorial integrity, and political 
                independence of every state in the area through measures 
                including the establishment of demilitarized zones;
                    (C) their right to live in peace within secure and 
                recognized boundaries free from threats or acts of 
                force;
                    (D) freedom of navigation through international 
                waterways in the area; and
                    (E) a framework for achieving a just settlement of 
                the refugee problem.

[[Page 117 STAT. 205]]

    (b) Sense of Congress.--It is the sense of Congress that the newly 
elected governing entity should enact a constitution assuring the rule 
of law, an independent judiciary, and respect for human rights for its 
citizens, and should enact other laws and regulations assuring 
transparent and accountable governance.
    (c) Waiver.--The President may waive subsection (a) if he determines 
that it is vital to the national security interests of the United States 
to do so.
    (d) Exemption.--The restriction in subsection (a) shall not apply to 
assistance intended to help reform the Palestinian Authority and 
affiliated institutions, or a newly elected governing entity, in order 
to help meet the requirements of subsection (a), consistent with the 
provisions of section 552 of this Act (``Limitation on Assistance to the 
Palestinian Authority'').

                                colombia

    Sec. 564. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated by this 
Act that are available for assistance for the Colombian Armed Forces, 
may be made available as follows:
            (1) Up to 75 percent of such funds may be obligated prior to 
        a determination and certification by the Secretary of State 
        pursuant to paragraph (2).
            (2) Up to 12.5 percent of such funds may be obligated only 
        after the Secretary of State certifies and reports to the 
        appropriate congressional committees that:
                    (A) The Commander General of the Colombian Armed 
                Forces is suspending from the Armed Forces those 
                members, of whatever rank, who have been credibly 
                alleged to have committed gross violations of human 
                rights, including extra-judicial killings, or to have 
                aided or abetted paramilitary organizations.
                    (B) The Colombian Government is prosecuting those 
                members of the Colombian Armed Forces, of whatever rank, 
                who have been credibly alleged to have committed gross 
                violations of human rights, including extra-judicial 
                killings, or to have aided or abetted paramilitary 
                organizations, and is punishing those members of the 
                Colombian Armed Forces found to have committed such 
                violations of human rights or to have aided or abetted 
                paramilitary organizations.
                    (C) The Colombian Armed Forces are cooperating with 
                civilian prosecutors and judicial authorities in such 
                cases (including providing requested information, such 
                as the identity of persons suspended from the Armed 
                Forces and the nature and cause of the suspension, and 
                access to witnesses, relevant military documents, and 
                other requested information).
                    (D) The Colombian Armed Forces are severing links 
                (including denying access to military intelligence, 
                vehicles, and other equipment or supplies, and ceasing 
                other forms of active or tacit cooperation) at the 
                command, battalion, and brigade levels, with 
                paramilitary organizations.
                    (E) The Colombian Armed Forces are executing orders 
                for capture of leaders of paramilitary organizations 
                that continue armed conflict.

[[Page 117 STAT. 206]]

            (3) The balance of such funds may be obligated after July 
        31, 2003, if the Secretary of State certifies and reports to the 
        appropriate congressional committees, after such date, that the 
        Colombian Armed Forces are continuing to meet the conditions 
        contained in paragraph (2) and are conducting vigorous 
        operations to restore government authority and respect for human 
        rights in areas under the effective control of paramilitary and 
        guerrilla organizations.

    (b) <<NOTE: Deadline. Human rights.>> Consultative Process.--At 
least 10 days prior to making the certifications required by subsection 
(a), the Secretary of State shall consult with internationally 
recognized human rights organizations regarding progress in meeting the 
conditions contained in that subsection.

    (c) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or abetted'' means 
        to provide any support to paramilitary groups, including taking 
        actions which allow, facilitate, or otherwise foster the 
        activities of such groups.
            (2) Paramilitary groups.--The term ``paramilitary groups'' 
        means illegal self-defense groups and illegal security 
        cooperatives.

                          illegal armed groups

    Sec. 565. (a) Denial of Visas to Supporters of Colombian Illegal 
Armed Groups.--Subject to subsection (b), the Secretary of State shall 
not issue a visa to any alien who the Secretary determines, based on 
credible evidence--
            (1) has willfully provided any support to the Revolutionary 
        Armed Forces of Colombia (FARC), the National Liberation Army 
        (ELN), or the United Self-Defense Forces of Colombia (AUC), 
        including taking actions or failing to take actions which allow, 
        facilitate, or otherwise foster the activities of such groups; 
        or
            (2) has committed, ordered, incited, assisted, or otherwise 
        participated in the commission of gross violations of human 
        rights, including extra-judicial killings, in Colombia.

    (b) Waiver.--Subsection (a) shall not apply if the Secretary of 
State determines and certifies to the appropriate congressional 
committees, on a case-by-case basis, that the issuance of a visa to the 
alien is necessary to support the peace process in Colombia or for 
urgent humanitarian reasons.

  prohibition on assistance to the palestinian broadcasting corporation

    Sec. 566. None of the funds appropriated or otherwise made available 
by this Act may be used to provide equipment, technical support, 
consulting services, or any other form of assistance to the Palestinian 
Broadcasting Corporation.

                                  iraq

    Sec. 567. Notwithstanding any other provision of law, funds 
appropriated under the heading ``Economic Support Fund'' may be made 
available for programs benefitting the Iraqi people and to support 
efforts to bring about a political transition in Iraq: Provided, That 
none of the funds made available pursuant to the

[[Page 117 STAT. 207]]

authorities provided in this section may be made available to any 
organization to reimburse or pay for costs incurred by such organization 
in prior fiscal years: Provided further, That funds made available under 
this section are made available subject to the regular notification 
procedures of the Committees on Appropriations.

                       west bank and gaza program

    Sec. 568. <<NOTE: Deadline. Certification.>> (a) Oversight.--For 
fiscal year 2003, 30 days prior to the initial obligation of funds for 
the bilateral West Bank and Gaza Program, the Secretary of State shall 
certify to the appropriate committees of Congress that procedures have 
been established to assure the Comptroller General of the United States 
will have access to appropriate United States financial information in 
order to review the uses of United States assistance for the Program 
funded under the heading ``Economic Support Fund'' for the West Bank and 
Gaza.

    (b) Vetting.--Prior to the obligation of funds appropriated by this 
Act under the heading ``Economic Support Fund'' for assistance for the 
West Bank and Gaza, the Secretary of State shall take all appropriate 
steps to ensure that such assistance is not provided to or through any 
individual or entity that the Secretary knows or has reason to believe 
advocates, plans, sponsors, engages in, or has engaged in, terrorist 
activity. The Secretary of State shall, as appropriate, establish 
procedures specifying the steps to be taken in carrying out this 
subsection.
    (c) Audits.--(1) The Administrator of the United States Agency for 
International Development shall ensure that Federal or non-Federal 
audits of all contractors and grantees, and significant subcontractors 
and subgrantees, under the West Bank and Gaza Program, are conducted at 
least on an annual basis to ensure, among other things, compliance with 
this section.
    (2) Of the funds appropriated by this Act under the heading 
``Economic Support Fund'' that are made available for assistance for the 
West Bank and Gaza, up to $1,000,000 may be used by the Office of the 
Inspector General of the United States Agency for International 
Development for audits, inspections, and other activities in furtherance 
of the requirements of this subsection. Such funds are in addition to 
funds otherwise available for such purposes.

                                indonesia

    Sec. 569. Funds appropriated by this Act under the heading ``Foreign 
Military Financing Program'' may be made available for assistance for 
Indonesia, and licenses may be issued for the export of lethal defense 
articles for the Indonesian Armed Forces, only if the President 
certifies to the appropriate congressional committees that--
            (1) the Indonesia Minister of Defense is suspending from the 
        Armed Forces those members, of whatever rank, who have been 
        credibly alleged to have committed gross violations of human 
        rights, or to have aided or abetted militia groups;
            (2) the Indonesian Government is prosecuting those members 
        of the Indonesian Armed Forces, of whatever rank, who have been 
        credibly alleged to have committed gross violations of human 
        rights, or to have aided or abetted militia groups,

[[Page 117 STAT. 208]]

        and is punishing those members of the Indonesian Armed Forces 
        found to have committed such violations of human rights or to 
        have aided or abetted militia groups;
            (3) the Indonesian Armed Forces are cooperating with 
        civilian prosecutors and judicial authorities in such cases 
        (including providing access to witnesses, relevant military 
        documents, and other requested information); and
            (4) the Minister of Defense is making publicly available 
        audits of receipts and expenditures of the Indonesian Armed 
        Forces.

  restrictions on assistance to governments destabilizing sierra leone

    Sec. 570. (a) None of the funds appropriated by this Act may be made 
available for assistance for the government of any country for which the 
Secretary of State determines there is credible evidence that such 
government has aided or abetted, within the previous 6 months, in the 
illicit distribution, transportation, or sale of diamonds mined in 
Sierra Leone.
    (b) <<NOTE: Notification.>> Whenever the prohibition on assistance 
required under subsection (a) is exercised, the Secretary of State shall 
notify the Committees on Appropriations in a timely manner.

                     voluntary separation incentives

    Sec. 571. Section 579(c)(2)(D) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2000, as enacted by 
section 1000(a)(2) of the Consolidated Appropriations Act, 2000 (Public 
Law 106-113), as amended, <<NOTE: 5 USC 5597 note.>>  is amended by 
striking ``December 31, 2002'' and inserting in lieu thereof ``January 
1, 2003''.

             contributions to united nations population fund

    Sec. 572. Funds appropriated in Public Law 107-115 that were 
available for the United Nations Population Fund (UNFPA), and an equal 
amount in this Act, shall be made available for the UNFPA if the 
President determines that the UNFPA no longer supports or participates 
in the management of a program of coercive abortion or involuntary 
sterilization: Provided, That none of the funds made available for the 
UNFPA may be used in the People's Republic of China: Provided 
further, <<NOTE: Abortion. Applicability.>> That the other conditions on 
availability of funds for abortion and abortion-related activities 
contained in either this Act or Public Law 107-115, including but not 
limited to section 576(c), shall apply to any assistance provided for 
the UNFPA in this Act or Public Law 107-115, respectively: Provided 
further, <<NOTE: Applicability.>> That the conditions on availability of 
funds for the UNFPA as contained in section 576(c) of Public Law 107-115 
shall apply to any assistance provided for the UNFPA in this Act: 
Provided further, That the amount of funds that the UNFPA plans to spend 
in the People's Republic of China in calendar years 2002 and 2003, as 
determined by the Secretary of State, shall be deducted from funds made 
available to the UNFPA under Public Law 107-115 and this Act.

[[Page 117 STAT. 209]]

               procurement and financial management reform

    Sec. 573. (a) <<NOTE: Certification.>> Funding Conditions.--Of the 
funds made available under the heading ``International Financial 
Institutions'' in this Act, 10 percent of the United States portion or 
payment to such International Financial Institution shall be withheld by 
the Secretary of the Treasury, until the Secretary certifies to the 
Committees on Appropriations that, to the extent pertinent to its 
lending programs, the institution is--
            (1) implementing procedures for conducting annual audits by 
        qualified independent auditors for all new investment lending;
            (2) implementing procedures for annual independent external 
        audits of central bank financial statements for countries making 
        use of International Monetary Fund resources under new 
        arrangements or agreements with the Fund;
            (3) taking steps to establish an independent fraud and 
        corruption investigative organization or office;
            (4) implementing a process to assess a recipient country's 
        procurement and financial management capabilities including an 
        analysis of the risks of corruption prior to initiating new 
        investment lending; and
            (5) taking steps to fund and implement programs and policies 
        to improve transparency and anti-corruption programs and 
        procurement and financial management controls in recipient 
        countries.

    (b) Definitions.--The term ``International Financial Institutions'' 
means the International Bank for Reconstruction and Development, the 
International Development Association, the International Finance 
Corporation, the Inter-American Development Bank, the Inter-American 
Investment Corporation, the Enterprise for the Americas Multilateral 
Investment Fund, the Asian Development Bank, the Asian Development Fund, 
the African Development Bank, the African Development Fund, the European 
Bank for Reconstruction and Development, and the International Monetary 
Fund.

                              central asia

    Sec. 574. (a) Funds appropriated by this Act may be made available 
for assistance for the Government of Uzbekistan only if the Secretary of 
State determines and reports to the Committees on Appropriations that 
the Government of Uzbekistan is making substantial and continuing 
progress in meeting its commitments under the ``Declaration on the 
Strategic Partnership and Cooperation Framework Between the Republic of 
Uzbekistan and the United States of America''.
    (b) Funds appropriated by this Act may be made available for 
assistance for the Government of Kazakhstan only if the Secretary of 
State determines and reports to the Committees on Appropriations that 
the Government of Kazakhstan has made significant improvements in the 
protection of human rights during the preceding 6 month period.
    (c) The Secretary of State may waive the requirements under 
subsection (b) if he determines and reports to the Committees on 
Appropriations that such a waiver is in the national security interests 
of the United States.

[[Page 117 STAT. 210]]

    (d) <<NOTE: Deadline. Reports.>> Not later than October 1, 2003, the 
Secretary of State shall submit a report to the Committees on 
Appropriations describing the following:
            (1) The defense articles, defense services, and financial 
        assistance provided by the United States to the countries of 
        Central Asia during the 6-month period ending 30 days prior to 
        submission of each such report.
            (2) The use during such period of defense articles, defense 
        services, and financial assistance provided by the United States 
        by units of the armed forces, border guards, or other security 
        forces of such countries.

    (e) For purposes of this section, the term ``countries of Central 
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and 
Turkmenistan.

                 commercial leasing of defense articles

    Sec. 575. Notwithstanding any other provision of law, and subject to 
the regular notification procedures of the Committees on Appropriations, 
the authority of section 23(a) of the Arms Export Control Act may be 
used to provide financing to Israel, Egypt and NATO and major non-NATO 
allies for the procurement by leasing (including leasing with an option 
to purchase) of defense articles from United States commercial 
suppliers, not including Major Defense Equipment (other than helicopters 
and other types of aircraft having possible civilian application), if 
the President determines that there are compelling foreign policy or 
national security reasons for those defense articles being provided by 
commercial lease rather than by government-to-government sale under such 
Act.

                              war criminals

    Sec. 576. (a)(1) None of the funds appropriated or otherwise made 
available pursuant to this Act may be made available for assistance, and 
the Secretary of the Treasury shall instruct the United States executive 
directors to the international financial institutions to vote against 
any new project involving the extension by such institutions of any 
financial or technical assistance, to any country, entity, or 
municipality whose competent authorities have failed, as determined by 
the Secretary of State, to take necessary and significant steps to 
implement its international legal obligations to apprehend and transfer 
to the International Criminal Tribunal for the former Yugoslavia (the 
``Tribunal'') all persons in their territory who have been indicted by 
the Tribunal and to otherwise cooperate with the Tribunal.
    (2) The provisions of this subsection shall not apply to 
humanitarian assistance or assistance for democratization.
    (b) <<NOTE: Applicability.>> The provisions of subsection (a) shall 
apply unless the Secretary of State determines and reports to the 
appropriate congressional committees that the competent authorities of 
such country, entity, or municipality are--
            (1) cooperating with the Tribunal, including access for 
        investigators to archives and witnesses, the provision of 
        documents, and the surrender and transfer of indictees or 
        assistance in their apprehension; and
            (2) are acting consistently with the Dayton Accords.

[[Page 117 STAT. 211]]

    (c) <<NOTE: Deadline.>> Not less than 10 days before any vote in an 
international financial institution regarding the extension of any new 
project involving financial or technical assistance or grants to any 
country or entity described in subsection (a), the Secretary of the 
Treasury, in consultation with the Secretary of State, shall provide to 
the Committees on Appropriations a written justification for the 
proposed assistance, including an explanation of the United States 
position regarding any such vote, as well as a description of the 
location of the proposed assistance by municipality, its purpose, and 
its intended beneficiaries.

    (d) <<NOTE: Human rights.>> In carrying out this section, the 
Secretary of State, the Administrator of the United States Agency for 
International Development, and the Secretary of the Treasury shall 
consult with representatives of human rights organizations and all 
government agencies with relevant information to help prevent indicted 
war criminals from benefiting from any financial or technical assistance 
or grants provided to any country or entity described in subsection (a).

    (e) The Secretary of State may waive the application of subsection 
(a) with respect to projects within a country, entity, or municipality 
upon a written determination to the Committees on Appropriations that 
such assistance directly supports the implementation of the Dayton 
Accords.
    (f) Definitions.--As used in this section--
            (1) Country.--The term ``country'' means Bosnia and 
        Herzegovina, Croatia and Serbia.
            (2) Entity.--The term ``entity'' refers to the Federation of 
        Bosnia and Herzegovina, Kosovo, Montenegro and the Republika 
        Srpska.
            (3) Municipality.--The term ``municipality'' means a city, 
        town or other subdivision within a country or entity as defined 
        herein.
            (4) Dayton accords.--The term ``Dayton Accords'' means the 
        General Framework Agreement for Peace in Bosnia and Herzegovina, 
        together with annexes relating thereto, done at Dayton, November 
        10 through 16, 1995.

                                user fees

    Sec. 577. The Secretary of the Treasury shall instruct the United 
States Executive Director at each international financial institution 
(as defined in section 1701(c)(2) of the International Financial 
Institutions Act) and the International Monetary Fund to oppose any 
loan, grant, strategy or policy of these institutions that would require 
user fees or service charges on poor people for primary education or 
primary healthcare, including prevention and treatment efforts for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, 
in connection with the institutions' financing programs.

                           funding for serbia

    Sec. 578. (a) Funds appropriated by this Act may be made available 
for assistance for Serbia after June 15, 2003, if the President has made 
the determination and certification contained in subsection (c).
    (b) After June 15, 2003, the Secretary of the Treasury should 
instruct the United States executive directors to the international

[[Page 117 STAT. 212]]

financial institutions to support loans and assistance to the Government 
of the Federal Republic of Yugoslavia (or a government of a successor 
state) subject to the conditions in subsection (c): Provided, That 
section 576 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1997, as amended, shall not apply to the 
provision of loans and assistance to the Federal Republic of Yugoslavia 
(or a successor state) through international financial institutions.
    (c) <<NOTE: President.>> The determination and certification 
referred to in subsection (a) is a determination by the President and a 
certification to the Committees on Appropriations that the Government of 
the Federal Republic of Yugoslavia (or a government of a successor 
state) is--
            (1) cooperating with the International Criminal Tribunal for 
        the former Yugoslavia including access for investigators, the 
        provision of documents, and the surrender and transfer of 
        indictees or assistance in their apprehension;
            (2) taking steps that are consistent with the Dayton Accords 
        to end Serbian financial, political, security and other support 
        which has served to maintain separate Republika Srpska 
        institutions; and
            (3) taking steps to implement policies which reflect a 
        respect for minority rights and the rule of law, including the 
        release of political prisoners from Serbian jails and prisons.

    (d) This section shall not apply to Montenegro, Kosovo, humanitarian 
assistance or assistance to promote democracy in municipalities.

           prohibition on taxation of united states assistance

    Sec. 579. (a) Prohibition on Taxation.--None of the funds 
appropriated by this Act may be made available to provide assistance for 
a foreign country under a new bilateral agreement governing the terms 
and conditions under which such assistance is to be provided unless such 
agreement includes a provision stating that assistance provided by the 
United States shall be exempt from taxation, or reimbursed, by the 
foreign government, and the Secretary of State shall expeditiously seek 
to negotiate amendments to existing bilateral agreements, as necessary, 
to conform with this requirement.
    (b) <<NOTE: Certification. Reports.>> Reimbursement of Foreign 
Taxes.--An amount equivalent to 200 percent of the total taxes assessed 
during fiscal year 2003 by a foreign government or entity against 
commodities financed under United States assistance programs for which 
funds are appropriated by this Act, either directly or through grantees, 
contractors and subcontractors, as of the date of the enactment of this 
Act, shall be withheld from obligation from funds appropriated for 
assistance for fiscal year 2004 and allocated for the central government 
of such country and for the West Bank and Gaza Program to the extent 
that the Secretary of State certifies and reports in writing to the 
Committees on Appropriations that such taxes have not been reimbursed to 
the Government of the United States.

    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Refund to the Treasury and Reprogramming of Funds.--Of the funds 
withheld from obligation for each country or entity pursuant to 
subsection (b), one-half may become available for reprogramming for 
other purposes (pursuant to section 515

[[Page 117 STAT. 213]]

of this Act and consistent with the purposes for which such funds were 
originally appropriated) and one-half shall be deposited in the General 
Fund of the Treasury on, or within 5 days after, September 1, 2004, 
pursuant to the certification required under subsection (b).
    (e) <<NOTE: Regulations.>> Implementation.--The Secretary of State 
shall issue rules, regulations, or policy guidance, as appropriate, to 
implement the prohibition against the taxation of assistance contained 
in this section.

    (f) <<NOTE: Deadline.>> Report.--Not later than February 1, 2004, 
the Comptroller General of the United States shall submit a report to 
the Committees on Appropriations which assesses the following--
            (1) the extent to which existing bilateral agreements 
        provide exemption from taxation;
            (2) the status of negotiations of new framework bilateral 
        agreements or modifications of existing framework bilateral 
        agreements;
            (3) the reasons why new framework bilateral agreements or 
        modifications of existing bilateral agreements, entered into 
        within the previous 5 years, have (as appropriate) failed to 
        include exemption from taxation; and
            (4) the administrative procedures that foreign governments 
        use to ensure that United States assistance commodities are not 
        taxed or, if they are, that such taxes are reimbursed to the 
        United States Government, and the adequacy of those procedures.

    (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value 
        added taxes and customs duties imposed on commodities financed 
        with United States assistance for programs for which funds are 
        appropriated by this Act; and
            (2) the term ``bilateral agreement'' refers to a framework 
        bilateral agreement between the Government of the United States 
        and the government of the country receiving assistance that 
        describes the privileges and immunities applicable to United 
        States foreign assistance for such country generally, or an 
        individual agreement between the Government of the United States 
        and such government that describes, among other things, the 
        treatment for tax purposes that will be accorded the United 
        States assistance provided under that agreement.

                               gao report

    Sec. 580. <<NOTE: Deadline.>> Not later than November 1, 2003, the 
Comptroller General of the United States shall provide a report to the 
Committees on Appropriations on the extent to which the Department of 
State is complying with section 301(c) of the Foreign Assistance Act of 
1961, and on the implementation of procedures that have been established 
to meet the standards of the Department of State regarding compliance 
with the requirements of section 301(c).

                       training program evaluation

    Sec. 581. <<NOTE: Deadline. Reports.>> Not later than June 30, 2003, 
the Secretary of State, in consultation with the Secretary of Defense, 
shall submit a report to the Committees on Appropriations describing in 
detail the steps that the Departments of State and Defense are making to 
improve performance evaluation procedures for the International Military

[[Page 117 STAT. 214]]

Education and Training (IMET) program and the progress that the 
Departments of State and Defense are making in implementing section 548 
of the Foreign Assistance Act of 1961.

                    community-based police assistance

    Sec. 582. <<NOTE: 22 USC 2151 note.>> (a) Authority.--Funds made 
available to carry out the provisions of chapter 1 of part I and chapter 
4 of part II of the Foreign Assistance Act of 1961, may be used, 
notwithstanding section 660 of that Act, to enhance the effectiveness 
and accountability of civilian police authority in Jamaica and El 
Salvador through training and technical assistance in human rights, the 
rule of law, strategic planning, and through assistance to foster 
civilian police roles that support democratic governance including 
assistance for programs to prevent conflict and foster improved police 
relations with the communities they serve.

  (b) Report.--
            (1) The Administrator of the United States Agency for 
        International Development shall submit, at the time of 
        submission of the agency's Congressional Budget Justification 
        Document for fiscal year 2004, and annually thereafter, a report 
        to the Committees on Appropriations describing the progress 
        these programs are making toward improving police relations with 
        the communities they serve and institutionalizing an effective 
        community-based police program.
            (2) The requirements of paragraph (1) are in lieu of the 
        requirements contains in section 587(b) of Public Law 107-115.

    (c) Notification.--Assistance provided under subsection (a) shall be 
subject to the regular notification procedures of the Committees on 
Appropriations.

     overseas private investment corporation and export-import bank 
                              restrictions

    Sec. 583. (a) Limitation on Use of Funds by OPIC.--None of the funds 
made available in this Act may be used by the Overseas Private 
Investment Corporation to insure, reinsure, guarantee, or finance any 
investment in connection with a project involving the mining, polishing 
or other processing, or sale of diamonds in a country that fails to meet 
the requirements of subsection (c).
    (b) Limitation on Use of Funds by the Export-Import Bank.--None of 
the funds made available in this Act may be used by the Export-Import 
Bank of the United States to guarantee, insure, extend credit, or 
participate in an extension of credit in connection with the export of 
any goods to a country for use in an enterprise involving the mining, 
polishing or other processing, or sale of diamonds in a country that 
fails to meet the requirements of subsection (c).
    (c) Requirements.--The requirements referred to in subsections (a) 
and (b) are that the country concerned is implementing the 
recommendations, obligations and requirements developed by the Kimberley 
Process on conflict diamonds, or taking other measures that the 
Secretary of State determines to contribute effectively to preventing 
and eliminating the trade in conflict diamonds.

[[Page 117 STAT. 215]]

                         trade capacity building

    Sec. 584. Of the funds appropriated by this Act, under the headings 
``Trade and Development Agency'', ``Development Assistance'', 
``Transition Initiatives'', ``Economic Support Fund'', ``International 
Affairs Technical Assistance'', and ``International Organizations and 
Programs'', not less than $452,000,000 should be made available for 
trade capacity building assistance.

                     transparency and accountability

    Sec. 585. (a) Findings.--The Congress finds that--
            (1) There is a lack of transparency in the revenues and 
        expenditures of the national budgets of many developing 
        countries that receive United States assistance.
            (2) In such countries, official revenues--particularly from 
        natural resource extraction--are often unreported, under-
        reported, or inaccurately recorded by foreign government 
        agencies.
            (3) Such inefficiencies--which in some instances mask 
        outright theft--result in the failure of such governments to 
        adequately provide their citizens with social, political, 
        economic, and legal benefits and opportunities, and undermine 
        the effectiveness of assistance provided to such countries by 
        the United States and other international donors.
            (4) Good governance and respect for the rule of law are 
        critical to a nation's development.

    (b) <<NOTE: Deadline.>> Report.--Not more than 90 days after 
enactment of this Act, the Secretary of State shall submit a report to 
the Committees on Appropriations, describing in detail--
            (1) Those countries whose central governments receive 
        foreign assistance from the United States;
            (2) Relevant laws and regulations in such countries 
        governing the public disclosure of revenues and expenditures in 
        national budgets;
            (3) The adequacy of those laws and regulations, and the 
        extent to which they are implemented and enforced;
            (4) Those countries receiving such assistance where no such 
        laws or regulations exist, and the extent to which such revenues 
        and expenditures are publicly disclosed; and
            (5) Programs and activities sponsored by the United States 
        Government to promote accurate disclosure of revenues and 
        expenditures in the national budgets of such countries, and the 
        results of those programs and activities.

  american churchwomen and other citizens in el salvador and guatemala

    Sec. 586. <<NOTE: Barbara Ann Ford.>> (a) Information relevant to 
the December 2, 1980, murders of four American churchwomen in El 
Salvador, and the May 5, 2001, murder of Sister Barbara Ann Ford and the 
murders of other American citizens in Guatemala since December 1999, 
should be investigated and made public.

    (b) <<NOTE: Deadline. President.>> Not later than 45 days after 
enactment of this Act, the President shall order all Federal agencies 
and departments, including the Federal Bureau of Investigation, that 
possess relevant information, to expeditiously declassify and release to 
the victims' families such information, consistent with existing 
standards and

[[Page 117 STAT. 216]]

procedures on classification, and shall provide a copy of such order to 
the Committees on Appropriations.

    (c) In making determinations concerning declassification and release 
of relevant information, all Federal agencies and departments should use 
the discretion contained within such existing standards and procedures 
on classification in support of releasing, rather than withholding, such 
information.
    (d) All reasonable efforts should be taken by the American Embassy 
in Guatemala to work with relevant agencies of the Guatemalan Government 
to protect the safety of American citizens in Guatemala, and to assist 
in the investigations of violations of human rights.
    This division may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2003''.

  DIVISION F--INTERIOR <<NOTE: Department of the Interior and Related 
       Agencies Appropriations Act, 2003.>>  AND RELATED AGENCIES 
APPROPRIATIONS, 2003

                            Joint Resolution


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

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

                   TITLE I--DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For expenses necessary for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to Public Law 96-487 (16 U.S.C. 3150(a)), $825,712,000, to remain 
available until expended, of which $1,000,000 is for high priority 
projects which shall be carried out by the Youth Conservation Corps; of 
which $2,500,000 shall be available for assessment of the mineral 
potential of public lands in Alaska pursuant to section 1010 of Public 
Law 96-487 (16 U.S.C. 3150); and of which not to exceed $1,000,000 shall 
be derived from the special receipt account established by the Land and 
Water Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)); and 
of which $3,000,000 shall be available in fiscal year 2003 subject to a 
match by at least an equal amount by the National Fish and Wildlife 
Foundation, to such Foundation for cost-shared projects supporting 
conservation of Bureau lands and such funds shall be advanced to the 
Foundation as a lump sum grant without regard to when expenses are 
incurred; in addition, $32,696,000 for Mining Law Administration program 
operations, including the cost of administering the mining claim fee 
program; to remain available

[[Page 117 STAT. 217]]

until expended, to be reduced by amounts collected by the Bureau and 
credited to this appropriation from annual mining claim fees so as to 
result in a final appropriation estimated at not more than $825,712,000, 
and $2,000,000, to remain available until expended, from communication 
site rental fees established by the Bureau for the cost of administering 
communication site activities: Provided, That appropriations herein made 
shall not be available for the destruction of healthy, unadopted, wild 
horses and burros in the care of the Bureau or its contractors.

                        wildland fire management

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $654,406,000, to remain available until expended, of 
which not to exceed $12,374,000 shall be for the renovation or 
construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts from 
which funds were previously transferred for such purposes: Provided 
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished 
subsistence and lodging without cost from funds available from this 
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, 
sums received by a bureau or office of the Department of the Interior 
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
protection of United States property, may be credited to the 
appropriation from which funds were expended to provide that protection, 
and are available without fiscal year limitation: Provided further, That 
using the amounts designated under this title of this Act, the Secretary 
of the Interior may enter into procurement contracts, grants, or 
cooperative agreements, for hazardous fuels reduction activities, and 
for training and monitoring associated with such hazardous fuels 
reduction activities, on Federal land, or on adjacent non-Federal land 
for activities that benefit resources on Federal land: Provided further, 
That the costs of implementing any cooperative agreement between the 
Federal Government and any non-Federal entity may be shared, as mutually 
agreed on by the affected parties: Provided further, That in entering 
into such grants or cooperative agreements, the Secretary may consider 
the enhancement of local and small business employment opportunities for 
rural communities, and that in entering into procurement contracts under 
this section on a best value basis, the Secretary may take into account 
the ability of an entity to enhance local and small business employment 
opportunities in rural communities, and that the Secretary may award 
procurement contracts, grants, or cooperative agreements under this 
section to entities that include local non-profit entities, Youth 
Conservation Corps or related partnerships, or small or disadvantaged 
businesses: Provided further, That funds appropriated under this head 
may be used to reimburse the United States Fish and Wildlife Service and 
the National Marine Fisheries Service for the costs of carrying out 
their responsibilities under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) to consult and conference, as required by section 7 
of such Act in connection with wildland fire management activities: 
Provided further, That the Secretary of the Interior may use wildland 
fire appropriations to enter into non-competitive sole source leases of 
real property with local governments, at or below fair market value,

[[Page 117 STAT. 218]]

to construct capitalized improvements for fire facilities on such leased 
properties, including but not limited to fire guard stations, retardant 
stations, and other initial attack and fire support facilities, and to 
make advance payments for any such lease or for construction activity 
associated with the lease.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the remedial action, including 
associated activities, of hazardous waste substances, pollutants, or 
contaminants pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), 
$9,978,000, to remain available until expended: Provided, That 
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party 
in advance of or as reimbursement for remedial action or response 
activities conducted by the Department pursuant to section 107 or 113(f) 
of such Act, shall be credited to this account to be available until 
expended without further appropriation: Provided further, That such sums 
recovered from or paid by any party are not limited to monetary payments 
and may include stocks, bonds or other personal or real property, which 
may be retained, liquidated, or otherwise disposed of by the Secretary 
and which shall be credited to this account.

                              construction

    For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $11,976,000, to remain available until 
expended.

                        payments in lieu of taxes

    For expenses necessary to implement the Act of October 20, 1976, as 
amended (31 U.S.C. 6901-6907), $220,000,000, of which not to exceed 
$400,000 shall be available for administrative expenses: Provided, That 
no payment shall be made to otherwise eligible units of local government 
if the computed amount of the payment is less than $100.

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) of 
Public Law 94-579, including administrative expenses and acquisition of 
lands or waters, or interests therein, $33,450,000, to be derived from 
the Land and Water Conservation Fund and to remain available until 
expended.

                    oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein including existing 
connecting roads on or adjacent to such grant lands; $105,633,000, to 
remain available until expended: Provided, That 25 percent of the 
aggregate of all

[[Page 117 STAT. 219]]

receipts during the current fiscal year from the revested Oregon and 
California Railroad grant lands is hereby made a charge against the 
Oregon and California land-grant fund and shall be transferred to the 
General Fund in the Treasury in accordance with the second paragraph of 
subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876).

               forest ecosystems health and recovery fund

                    (revolving fund, special account)

    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used for the purpose of planning, preparing, implementing and monitoring 
salvage timber sales and forest ecosystem health and recovery activities 
such as release from competing vegetation and density control 
treatments. The Federal share of receipts (defined as the portion of 
salvage timber receipts not paid to the counties under 43 U.S.C. 1181f 
and 43 U.S.C. 1181f-1 et seq., and Public Law 106-393) derived from 
treatments funded by this account shall be deposited into the Forest 
Ecosystem Health and Recovery Fund.

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of 
all moneys received during the prior fiscal year under sections 3 and 15 
of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
designated for range improvements from grazing fees and mineral leasing 
receipts from Bankhead-Jones lands transferred to the Department of the 
Interior pursuant to law, but not less than $10,000,000, to remain 
available until expended: Provided, That not to exceed $600,000 shall be 
available for administrative expenses.

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579, as amended, and Public Law 93-153, to remain 
available until expended: Provided, <<NOTE: 43 USC 1735 note.>> That 
notwithstanding any provision to the contrary of section 305(a) of 
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will 
be received pursuant to that section, whether as a result of forfeiture, 
compromise, or settlement, if not appropriate for refund pursuant to 
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and 
may be expended under the authority of this Act by the Secretary to 
improve, protect, or rehabilitate any public lands administered through 
the Bureau of Land Management which have been damaged by the action of a 
resource developer, purchaser, permittee, or any unauthorized person, 
without regard to whether all moneys collected from each

[[Page 117 STAT. 220]]

such action are used on the exact lands damaged which led to the action: 
Provided further, That any such moneys that are in excess of amounts 
needed to repair damage to the exact land for which funds were collected 
may be used to repair other damaged public lands.

                        miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.

                        administrative provisions

    Appropriations for the Bureau of Land Management shall be available 
for purchase, erection, and dismantlement of temporary structures, and 
alteration and maintenance of necessary buildings and appurtenant 
facilities to which the United States has title; up to $100,000 for 
payments, at the discretion of the Secretary, for information or 
evidence concerning violations of laws administered by the Bureau; 
miscellaneous and emergency expenses of enforcement activities 
authorized or approved by the Secretary and to be accounted for solely 
on her certificate, not to exceed $10,000: Provided, That 
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure printing 
services from cooperators in connection with jointly produced 
publications for which the cooperators share the cost of printing either 
in cash or in services, and the Bureau determines the cooperator is 
capable of meeting accepted quality standards.

                 United States Fish and Wildlife Service

                           resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, for scientific and economic studies, conservation, management, 
investigations, protection, and utilization of fishery and wildlife 
resources, except whales, seals, and sea lions, maintenance of the herd 
of long-horned cattle on the Wichita Mountains Wildlife Refuge, general 
administration, and for the performance of other authorized functions 
related to such resources by direct expenditure, contracts, grants, 
cooperative agreements and reimbursable agreements with public and 
private entities, $917,429,000, to remain available until September 30, 
2004, except as otherwise provided herein: Provided, That not less than 
$2,000,000 shall be provided to local governments in southern California 
for planning associated with the Natural Communities Conservation 
Planning (NCCP) program and shall remain available until expended: 
Provided further, That $2,000,000 is for high priority projects which 
shall be carried out by the Youth Conservation Corps: Provided further, 
That not to exceed $9,077,000 shall be used for implementing subsections 
(a), (b), (c), and (e) of section 4 of the Endangered Species Act, as 
amended, for species that are indigenous to the United States

[[Page 117 STAT. 221]]

(except for processing petitions, developing and issuing proposed and 
final regulations, and taking any other steps to implement actions 
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of 
which not to exceed $6,000,000 shall be used for any activity regarding 
the designation of critical habitat, pursuant to subsection (a)(3), 
excluding litigation support, for species already listed pursuant to 
subsection (a)(1) as of the date of enactment this Act: Provided 
further, That of the amount available for law enforcement, up to 
$400,000 to remain available until expended, may at the discretion of 
the Secretary, be used for payment for information, rewards, or evidence 
concerning violations of laws administered by the Service, and 
miscellaneous and emergency expenses of enforcement activity, authorized 
or approved by the Secretary and to be accounted for solely on her 
certificate: Provided further, That of the amount provided for 
environmental contaminants, up to $1,000,000 may remain available until 
expended for contaminant sample analyses.

                              construction

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fishery and wildlife 
resources, and the acquisition of lands and interests therein; 
$54,427,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, a single procurement for the 
expansion of the Clark R. Bavin Forensics Laboratory in Oregon may be 
issued, which includes the full scope of the project: Provided further, 
That the solicitation and the contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232.18: Provided further, 
That notwithstanding any other provision of law, a single procurement 
for the construction of the Kodiak National Wildlife Refuge visitor 
center may be issued which includes the full scope of the project: 
Provided further, That the solicitation and the contract shall contain 
the clause ``availability of funds'' found at 48 CFR 52.232.18.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $73,370,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended: Provided, That none of the funds appropriated for specific 
land acquisition projects can be used to pay for any administrative 
overhead, planning or other management costs.

                       landowner incentive program

                         (including rescission)

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for private conservation efforts to be 
carried out on private lands, $40,000,000, to be derived

[[Page 117 STAT. 222]]

from the Land and Water Conservation Fund and to remain available until 
expended: Provided, That the amount provided herein is for a Landowner 
Incentive Program established by the Secretary that provides matching, 
competitively awarded grants to States, the District of Columbia, 
Tribes, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, and American Samoa, to establish, or 
supplement existing, landowner incentive programs that provide technical 
and financial assistance, including habitat protection and restoration, 
to private landowners for the protection and management of habitat to 
benefit federally listed, proposed, or candidate species, or other at-
risk species on private lands: Provided further, That from unobligated 
balances of prior year appropriations, an amount of $40,000,000 is 
rescinded.

                           stewardship grants

                         (including rescission)

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for private conservation efforts to be 
carried out on private lands, $10,000,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended: 
Provided, That the amount provided herein is for the Secretary to 
establish a Private Stewardship Grants Program to provide grants and 
other assistance to individuals and groups engaged in private 
conservation efforts that benefit federally listed, proposed, or 
candidate species, or other at-risk species: Provided further, That from 
unobligated balances of prior year appropriations, an amount of 
$10,000,000 is rescinded.

            cooperative endangered species conservation fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $81,000,000, of 
which $29,529,000 is to be derived from the Cooperative Endangered 
Species Conservation Fund and $51,471,000 is to be derived from the Land 
and Water Conservation Fund and to remain available until expended.

                      national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $14,414,000.

                north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, Public Law 101-233, as amended, 
$38,560,000, to remain available until expended.

                 neotropical migratory bird conservation

    For financial assistance for projects to promote the conservation of 
neotropical migratory birds in accordance with the Neotropical Migratory 
Bird Conservation Act, Public Law 106-247 (16 U.S.C. 6101-6109), 
$3,000,000, to remain available until expended.

[[Page 117 STAT. 223]]

                 multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245, 
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of 
1994 (16 U.S.C. 5301-5306), and the Great Ape Conservation Act of 2000 
(16 U.S.C. 6301), $4,800,000, to remain available until expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and federally recognized 
Indian tribes under the provisions of the Fish and Wildlife Act of 1956 
and the Fish and Wildlife Coordination Act, for the development and 
implementation of programs for the benefit of wildlife and their 
habitat, including species that are not hunted or fished, $65,000,000, 
to be derived from the Land and Water Conservation Fund and to remain 
available until expended: Provided, That of the amount provided herein, 
$5,000,000 is for a competitive grant program for Indian tribes not 
subject to the remaining provisions of this appropriation: Provided 
further, That the Secretary shall, after deducting said $3,000,000 and 
administrative expenses, apportion the amount provided herein in the 
following manner: (A) to the District of Columbia and to the 
Commonwealth of Puerto Rico, each a sum equal to not more than one-half 
of 1 percent thereof: and (B) to Guam, American Samoa, the United States 
Virgin Islands, and the Commonwealth of the Northern Mariana Islands, 
each a sum equal to not more than one-fourth of 1 percent thereof: 
Provided further, That the Secretary shall apportion the remaining 
amount in the following manner: (A) one-third of which is based on the 
ratio to which the land area of such State bears to the total land area 
of all such States; and (B) two-thirds of which is based on the ratio to 
which the population of such State bears to the total population of all 
such States: Provided further, That the amounts apportioned under this 
paragraph shall be adjusted equitably so that no State shall be 
apportioned a sum which is less than 1 percent of the amount available 
for apportionment under this paragraph for any fiscal year or more than 
5 percent of such amount: Provided further, That the Federal share of 
planning grants shall not exceed 75 percent of the total costs of such 
projects and the Federal share of implementation grants shall not exceed 
50 percent of the total costs of such projects: Provided further, That 
the non-Federal share of such projects may not be derived from Federal 
grant programs: Provided further, That no State, territory, or other 
jurisdiction shall receive a grant unless it has developed, or committed 
to develop by October 1, 2005, a comprehensive wildlife conservation 
plan, consistent with criteria established by the Secretary of the 
Interior, that considers the broad range of the State, territory, or 
other jurisdiction's wildlife and associated habitats, with appropriate 
priority placed on those species with the greatest conservation need and 
taking into consideration the relative level of funding available for 
the conservation of those species: Provided further, That any amount 
apportioned in 2003 to any State, territory, or other jurisdiction that 
remains unobligated as of September 30, 2004, shall be reapportioned,

[[Page 117 STAT. 224]]

together with funds appropriated in 2005, in the manner provided herein: 
Provided further, That balances from amounts previously appropriated 
under the heading ``State Wildlife Grants'' shall be transferred to and 
merged with this appropriation and shall remain available until 
expended.

                        administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 102 
passenger motor vehicles, of which 75 are for replacement only 
(including 39 for police-type use); repair of damage to public roads 
within and adjacent to reservation areas caused by operations of the 
Service; options for the purchase of land at not to exceed $1 for each 
option; facilities incident to such public recreational uses on 
conservation areas as are consistent with their primary purpose; and the 
maintenance and improvement of aquaria, buildings, and other facilities 
under the jurisdiction of the Service and to which the United States has 
title, and which are used pursuant to law in connection with management 
and investigation of fish and wildlife resources: Provided, That 
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 
sharing and partnership arrangements authorized by law, procure printing 
services from cooperators in connection with jointly produced 
publications for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines the 
cooperator is capable of meeting accepted quality standards: Provided 
further, That the Service may accept donated aircraft as replacements 
for existing aircraft: Provided further, That the United States Fish and 
Wildlife Service is authorized to grant $500,000 appropriated in Public 
Law 107-63 for land acquisition to the Narragansett Indian Tribe for 
acquisition of the Great Salt Pond burial tract: Provided further, That 
notwithstanding any other provision of law, the Secretary of the 
Interior may not spend any of the funds appropriated in this Act for the 
purchase of lands or interests in lands to be used in the establishment 
of any new unit of the National Wildlife Refuge System unless the 
purchase is approved in advance by the House and Senate Committees on 
Appropriations in compliance with the reprogramming procedures contained 
in Senate Report 105-56.

                          National Park Service

                  operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administration 
of the National Park Service, $1,565,565,000, of which $10,878,000 for 
planning and interagency coordination in support of Everglades 
restoration shall remain available until expended; of which $85,280,000, 
to remain available until September 30, 2004, is for maintenance repair 
or rehabilitation projects for constructed assets, operation of the 
National Park Service automated facility management software system, and 
comprehensive facility condition assessments; and of which $2,000,000 is 
for the Youth Conservation Corps for high priority projects: Provided, 
That the only funds

[[Page 117 STAT. 225]]

in this account which may be made available to support United States 
Park Police are those funds approved for emergency law and order 
incidents pursuant to established National Park Service procedures, 
those funds needed to maintain and repair United States Park Police 
administrative facilities, and those funds necessary to reimburse the 
United States Park Police account for the unbudgeted overtime and travel 
costs associated with special events for an amount not to exceed $10,000 
per event subject to the review and concurrence of the Washington 
headquarters office.

                        united states park police

    For expenses necessary to carry out the programs of the United 
States Park Police, $78,431,000.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $61,667,000.

                     urban park and recreation fund

    For expenses necessary to carry out the provisions of the Urban Park 
and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.), $300,000, 
to remain available until expended.

                       historic preservation fund

    For expenses necessary in carrying out the Historic Preservation Act 
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public 
Lands Management Act of 1996 (Public Law 104-333), $69,000,000, to be 
derived from the Historic Preservation Fund, to remain available until 
September 30, 2004: Provided, That, of the amount provided herein, 
$2,000,000, to remain available until expended, is for a grant for the 
perpetual care and maintenance of National Trust Historic Sites, as 
authorized under 16 U.S.C. 470a(e)(2), to be made available in full upon 
signing of a grant agreement: Provided further, That, notwithstanding 
any other provision of law, these funds shall be available for 
investment with the proceeds to be used for the same purpose as set out 
herein: Provided further, That of the total amount provided, $30,000,000 
shall be for Save America's Treasures for priority preservation 
projects, of nationally significant sites, structures, and artifacts: 
Provided further, That any individual Save America's Treasures grant 
shall be matched by non-Federal funds: Provided further, That individual 
projects shall only be eligible for one grant, and all projects to be 
funded shall be approved by the House and Senate Committees on 
Appropriations and the Secretary of the Interior in consultation with 
the President's Committee on the Arts and Humanities prior to the 
commitment of grant funds: Provided further, That Save America's 
Treasures funds allocated for Federal projects shall be available by 
transfer to appropriate accounts of individual agencies, after approval 
of such projects by the Secretary of the Interior, in consultation with 
the House

[[Page 117 STAT. 226]]

and Senate Committees on Appropriations and the President's Committee on 
the Arts and Humanities.

                              construction

    For construction, improvements, repair or replacement of physical 
facilities, including the modifications authorized by section 104 of the 
Everglades National Park Protection and Expansion Act of 1989, 
$327,843,000, to remain available until expended, of which $1,800,000 
for the Virginia City Historic District and $500,000 for the Fort Osage 
National Historic Landmark shall be derived from the Historic 
Preservation Fund pursuant to 16 U.S.C. 470a, of which not to exceed 
$3,000,000 is for site acquisition for the proposed Morris Thompson 
Cultural and Visitors Center, to be made available to the Tanana Chiefs 
Conference under an Annual Funding Agreement through the Indian Self-
Determination and Education Assistance Act, and of which $400,000 is for 
the Alice Ferguson Foundation for facility upgrade and rehabilitation at 
the Hard Bargain Farm: Provided, That none of the funds in this or any 
other Act, may be used to pay the salaries and expenses of more than 160 
Full Time Equivalent personnel working for the National Park Service's 
Denver Service Center funded under the construction program management 
and operations activity: Provided further, That none of the funds 
provided in this or any other Act may be used to pre-design, plan, or 
construct any new facility (including visitor centers, curatorial 
facilities, administrative buildings), for which appropriations have not 
been specifically provided if the net construction cost of such facility 
is in excess of $5,000,000, without prior approval of the House and 
Senate Committees on <<NOTE: Applicability.>> Appropriations: Provided 
further, That this restriction applies to all funds available to the 
National Park Service, including partnership and fee demonstration 
projects: Provided further, That the National Park Service may transfer 
to the City of Carlsbad, New Mexico, funds for the construction of the 
National Cave and Karst Research Institute to be built and operated in 
accordance with provisions in Public Law 105-325 and all other 
applicable laws and regulations. Title to the Institute will be held by 
the City of Carlsbad.

                    land and water conservation fund

                              (rescission)

    The <<NOTE: 16 USC 460l-10a note.>> contract authority provided for 
fiscal year 2003 by 16 U.S.C. 460l-10a is rescinded.

                  land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $172,468,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $98,000,000 is for the State assistance program including 
$3,000,000 to administer the State assistance program: Provided, That of 
the amounts provided under this heading, $15,000,000 may be for Federal 
grants, including Federal administrative expenses, to the State of 
Florida

[[Page 117 STAT. 227]]

for the acquisition of lands or waters, or interests therein, within the 
Everglades watershed (consisting of lands and waters within the 
boundaries of the South Florida Water Management District, Florida Bay 
and the Florida Keys, including the areas known as the Frog Pond, the 
Rocky Glades and the Eight and One-Half Square Mile Area) under terms 
and conditions deemed necessary by the Secretary to improve and restore 
the hydrological function of the Everglades watershed: Provided further, 
That funds provided under this heading for assistance to the State of 
Florida to acquire lands within the Everglades watershed are contingent 
upon new matching non-Federal funds by the State, or are matched by the 
State pursuant to the cost-sharing provisions of section 316(b) of 
Public Law 104-303, and shall be subject to an agreement that the lands 
to be acquired will be managed in perpetuity for the restoration of the 
Everglades: Provided further, That none of the funds provided for the 
State Assistance program may be used to establish a contingency fund.

                        administrative provisions

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 301 passenger motor vehicles, of which 273 
shall be for replacement only, including not to exceed 226 for police-
type use, 10 buses, and 8 ambulances: Provided, That none of the funds 
appropriated to the National Park Service may be used to process any 
grant or contract documents which do not include the text of 18 U.S.C. 
1913: Provided further, <<NOTE: Reports.>> That none of the funds 
appropriated to the National Park Service may be used to implement an 
agreement for the redevelopment of the southern end of Ellis Island 
until such agreement has been submitted to the Congress and shall not be 
implemented prior to the expiration of 30 calendar days (not including 
any day in which either House of Congress is not in session because of 
adjournment of more than 3 calendar days to a day certain) from the 
receipt by the Speaker of the House of Representatives and the President 
of the Senate of a full and comprehensive report on the development of 
the southern end of Ellis Island, including the facts and circumstances 
relied upon in support of the proposed project.

    None of the funds in this Act may be spent by the National Park 
Service for activities taken in direct response to the United Nations 
Biodiversity Convention.
    The National Park Service may distribute to operating units based on 
the safety record of each unit the costs of programs designed to improve 
workplace and employee safety, and to encourage employees receiving 
workers' compensation benefits pursuant to chapter 81 of title 5, United 
States Code, to return to appropriate positions for which they are 
medically able.
    Notwithstanding <<NOTE: 16 USC 1h.>> any other provision of law, in 
fiscal year 2003 and thereafter, sums provided to the National Park 
Service by private entities for utility services shall be credited to 
the appropriate account and remain available until expended: 
Provided, <<NOTE: 16 USC 1i.>> That heretofore and hereafter, in 
carrying out the work under reimbursable agreements with any State, 
local or tribal government, the National Park Service may, without 
regard to 31 U.S.C. 1341 or any other provision of law or regulation, 
record obligations against accounts receivable from such entities, and 
shall credit amounts received from such entities to the appropriate 
account, such credit

[[Page 117 STAT. 228]]

to occur within 90 days of the date of the original request by the 
National Park Service for payment.

                     United States Geological Survey

                  surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); and publish 
and disseminate data relative to the foregoing activities; and to 
conduct inquiries into the economic conditions affecting mining and 
materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 
98g(1)) and related purposes as authorized by law and to publish and 
disseminate data; $925,287,000, of which $64,855,000 shall be available 
only for cooperation with States or municipalities for water resources 
investigations; and of which $15,499,000 shall remain available until 
expended for conducting inquiries into the economic conditions affecting 
mining and materials processing industries; and of which $8,000,000 
shall remain available until expended for satellite operations; and of 
which $24,623,000 shall be available until September 30, 2004, for the 
operation and maintenance of facilities and deferred maintenance; and of 
which $170,926,000 shall be available until September 30, 2004, for the 
biological research activity and the operation of the Cooperative 
Research Units: Provided, That none of these funds provided for the 
biological research activity shall be used to conduct new surveys on 
private property, unless specifically authorized in writing by the 
property owner: Provided further, <<NOTE: 43 USC 50.>> That no part of 
this appropriation shall be used to pay more than one-half the cost of 
topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and municipalities.

                        administrative provisions

    The amount appropriated for the United States Geological Survey 
shall be available for the purchase of not to exceed 53 passenger motor 
vehicles, of which 48 are for replacement only; reimbursement to the 
General Services Administration for security guard services; contracting 
for the furnishing of topographic maps and for the making of geophysical 
or other specialized surveys when it is administratively determined that 
such procedures are in the public interest; construction and maintenance 
of necessary buildings and appurtenant facilities; acquisition of lands 
for gauging stations and observation wells; expenses of the United 
States National Committee on Geology; and payment of compensation and 
expenses of persons on the rolls of the Survey duly appointed to 
represent the United States in the negotiation and administration of 
interstate compacts: Provided, That activities funded by appropriations 
herein made may be accomplished through the use of contracts, grants, or 
cooperative agreements as defined in 31 U.S.C. 6302 et seq.: Provided 
further, <<NOTE: 43 USC 36d.>> That notwithstanding the provisions

[[Page 117 STAT. 229]]

of the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 
6301-6308), the United States Geological Survey is authorized to 
continue existing, and hereafter, to enter into new cooperative 
agreements directed towards a particular cooperator, in support of joint 
research and data collection activities with Federal, State, and 
academic partners funded by appropriations herein, including those that 
provide for space in cooperator facilities.

                       Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of royalties, 
as authorized by law; for enforcing laws and regulations applicable to 
oil, gas, and other minerals leases, permits, licenses and operating 
contracts; and for matching grants or cooperative agreements; including 
the purchase of not to exceed eight passenger motor vehicles for 
replacement only, $165,321,000, of which $83,284,000, shall be available 
for royalty management activities; and an amount not to exceed 
$100,230,000, to be credited to this appropriation and to remain 
available until expended, from additions to receipts resulting from 
increases to rates in effect on August 5, 1993, from rate increases to 
fee collections for Outer Continental Shelf administrative activities 
performed by the Minerals Management Service over and above the rates in 
effect on September 30, 1993, and from additional fees for Outer 
Continental Shelf administrative activities established after September 
30, 1993: Provided, That to the extent $100,230,000 in additions to 
receipts are not realized from the sources of receipts stated above, the 
amount needed to reach $100,230,000 shall be credited to this 
appropriation from receipts resulting from rental rates for Outer 
Continental Shelf leases in effect before August 5, 1993: Provided 
further, That $3,000,000 for computer acquisitions shall remain 
available until September 30, 2004: Provided further, That funds 
appropriated under this Act shall be available for the payment of 
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided further, 
That not to exceed $3,000 shall be available for reasonable expenses 
related to promoting volunteer beach and marine cleanup activities: 
Provided further, That notwithstanding any other provision of law, 
$15,000 under this heading shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Director of the Minerals Management Service (MMS) concurred with the 
claimed refund due, to pay amounts owed to Indian allottees or tribes, 
or to correct prior unrecoverable erroneous payments: Provided further, 
That MMS may under the royalty-in-kind pilot program, or under its 
authority to transfer oil to the Strategic Petroleum Reserve, use a 
portion of the revenues from royalty-in-kind sales, without regard to 
fiscal year limitation, to pay for transportation to wholesale market 
centers or upstream pooling points, to process or otherwise dispose of 
royalty production taken in kind, and to recover MMS transportation 
costs, salaries, and other administrative costs directly related to 
filling the Strategic Petroleum Reserve: Provided further, That MMS 
shall analyze and document the expected return in advance of any 
royalty-in-kind sales to assure to the maximum extent practicable that 
royalty income

[[Page 117 STAT. 230]]

under the pilot program is equal to or greater than royalty income 
recognized under a comparable royalty-in-value program.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title IV, 
sections 4202 and 4303, title VII, and title VIII, section 8201 of the 
Oil Pollution Act of 1990, $6,105,000, which shall be derived from the 
Oil Spill Liability Trust Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                        regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, including the purchase of not to exceed 10 passenger motor 
vehicles, for replacement only; $105,092,000: Provided, That the 
Secretary of the Interior, pursuant to regulations, may use directly or 
through grants to States, moneys collected in fiscal year 2003 for civil 
penalties assessed under section 518 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely 
affected by coal mining practices after August 3, 1977, to remain 
available until expended: Provided further, <<NOTE: 30 USC 1211 
note.>> That appropriations for the Office of Surface Mining Reclamation 
and Enforcement may provide for the travel and per diem expenses of 
State and tribal personnel attending Office of Surface Mining 
Reclamation and Enforcement sponsored training.

                     abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
including the purchase of not more than 10 passenger motor vehicles for 
replacement only, $191,745,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which up to $10,000,000, to be derived from the Federal Expenses 
Share of the Fund, shall be for supplemental grants to States for the 
reclamation of abandoned sites with acid mine rock drainage from coal 
mines, and for associated activities, through the Appalachian Clean 
Streams Initiative: Provided, That grants to minimum program States will 
be $1,500,000 per State in fiscal year 2003: Provided further, That of 
the funds herein provided up to $18,000,000 may be used for the 
emergency program authorized by section 410 of Public Law 95-87, as 
amended, of which no more than 25 percent shall be used for emergency 
reclamation projects in any one State and funds for federally 
administered emergency reclamation projects under this proviso shall not 
exceed $11,000,000: Provided further, That prior year unobligated funds 
appropriated for the emergency reclamation program shall not be subject 
to the 25 percent limitation per State and may be used without fiscal 
year limitation for emergency projects: Provided further, That pursuant 
to Public Law 97-365, the Department of the Interior is authorized to 
use up to 20 percent from the recovery of the delinquent debt owed to 
the United States Government to pay for contracts to collect

[[Page 117 STAT. 231]]

these debts: Provided further, That funds made available under title IV 
of Public Law 95-87 may be used for any required non-Federal share of 
the cost of projects funded by the Federal Government for the purpose of 
environmental restoration related to treatment or abatement of acid mine 
drainage from abandoned mines: Provided further, That such projects must 
be consistent with the purposes and priorities of the Surface Mining 
Control and Reclamation Act: Provided further, That the State of 
Maryland may set aside the greater of $1,000,000 or 10 percent of the 
total of the grants made available to the State under title IV of the 
Surface Mining Control and Reclamation Act of 1977, as amended (30 
U.S.C. 1231 et seq.), if the amount set aside is deposited in an acid 
mine drainage abatement and treatment fund established under a State 
law, pursuant to which law the amount (together with all interest earned 
on the amount) is expended by the State to undertake acid mine drainage 
abatement and treatment projects, except that before any amounts greater 
than 10 percent of its title IV grants are deposited in an acid mine 
drainage abatement and treatment fund, the State of Maryland must first 
complete all Surface Mining Control and Reclamation Act priority one 
projects.

                        Bureau of Indian Affairs

                      operation of indian programs

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of 
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.), as amended, $1,857,319,000, to remain 
available until September 30, 2004 except as otherwise provided herein, 
of which not to exceed $87,857,000 shall be for welfare assistance 
payments and notwithstanding any other provision of law, including but 
not limited to the Indian Self-Determination Act of 1975, as amended, 
not to exceed $133,209,000 shall be available for payments to tribes and 
tribal organizations for contract support costs associated with ongoing 
contracts, grants, compacts, or annual funding agreements entered into 
with the Bureau prior to or during fiscal year 2003, as authorized by 
such Act, except that tribes and tribal organizations may use their 
tribal priority allocations for unmet indirect costs of ongoing 
contracts, grants, or compacts, or annual funding agreements and for 
unmet welfare assistance costs; and up to $2,000,000 shall be for the 
Indian Self-Determination Fund which shall be available for the 
transitional cost of initial or expanded tribal contracts, grants, 
compacts or cooperative agreements with the Bureau under such Act; and 
of which not to exceed $447,985,000 for school operations costs of 
Bureau-funded schools and other education programs shall become 
available on July 1, 2003, and shall remain available until September 
30, 2004; and of which not to exceed $57,686,000 shall remain available 
until expended for housing improvement, road maintenance, attorney fees, 
litigation support, the Indian Self-Determination Fund, land records 
improvement, and the Navajo-Hopi Settlement Program: Provided, That 
notwithstanding any other provision of law, including but not limited to 
the Indian Self-Determination Act of 1975, as amended,

[[Page 117 STAT. 232]]

and 25 U.S.C. 2008, not to exceed $45,065,000 within and only from such 
amounts made available for school operations shall be available to 
tribes and tribal organizations for administrative cost grants 
associated with the operation of Bureau-funded schools: Provided 
further, That any forestry funds allocated to a tribe which remain 
unobligated as of September 30, 2004, may be transferred during fiscal 
year 2005 to an Indian forest land assistance account established for 
the benefit of such tribe within the tribe's trust fund account: 
Provided further, <<NOTE: Expiration date.>> That any such unobligated 
balances not so transferred shall expire on September 30, 2005: Provided 
further, That ISEP contingency funds may be used to cover expenses for 
negotiated rulemaking required by Public Law 107-110.

                              construction

    For construction, repair, improvement, and maintenance of irrigation 
and power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483, $348,252,000, to remain available until expended: 
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation: Provided further, That not to exceed 6 percent of contract 
authority available to the Bureau of Indian Affairs from the Federal 
Highway Trust Fund may be used to cover the road program management 
costs of the Bureau: Provided further, That any funds provided for the 
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available 
on a nonreimbursable basis: Provided further, That for fiscal year 2003, 
in implementing new construction or facilities improvement and repair 
project grants in excess of $100,000 that are provided to tribally 
controlled grant schools under Public Law 100-297, as amended, the 
Secretary of the Interior shall use the Administrative and Audit 
Requirements and Cost Principles for Assistance Programs contained in 43 
CFR part 12 as the regulatory requirements: Provided further, That such 
grants shall not be subject to section 12.61 of 43 CFR; the Secretary 
and the grantee shall negotiate and determine a schedule of payments for 
the work to be performed: Provided further, That in considering 
applications, the Secretary shall consider whether the Indian tribe or 
tribal organization would be deficient in assuring that the construction 
projects conform to applicable building standards and codes and Federal, 
tribal, or State health and safety standards as required by 25 U.S.C. 
2005(a), with respect to organizational and financial management 
capabilities: Provided further, That if the Secretary declines an 
application, the Secretary shall follow the requirements contained in 25 
U.S.C. 2505(f): Provided further, That any disputes between the 
Secretary and any grantee concerning a grant shall be subject to the 
disputes provision in 25 U.S.C. 2508(e).

 indian land and water claim settlements and miscellaneous payments to 
                                 indians

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $60,949,000, to remain available 
until expended; of which $24,870,000 shall be available

[[Page 117 STAT. 233]]

for implementation of enacted Indian land and water claim settlements 
pursuant to Public Laws 101-618 and 102-575, and for implementation of 
other enacted water rights settlements; of which $5,068,000 shall be 
available for future water supplies facilities under Public Law 106-163; 
and of which $31,011,000 shall be available pursuant to Public Laws 99-
264, 100-580, 106-263, 106-425, and 106-554: Provided, That of the 
amount provided for implementation of Public Law 106-263, $3,000,000 for 
a water rights and habitat acquisition program shall be derived from the 
Land and Water Conservation Fund.

                 indian guaranteed loan program account

    For the cost of guaranteed and insured loans, $5,000,000, as 
authorized by the Indian Financing Act of 1974, as amended: Provided, 
That such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, not to exceed 
$72,464,000.
    In addition, for administrative expenses to carry out the guaranteed 
and insured loan programs, $493,000.

                        administrative provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts and grants, either directly or in cooperation with States and 
other organizations.
    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may 
contract for services in support of the management, operation, and 
maintenance of the Power Division of the San Carlos Irrigation Project.
    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance fund, 
and the Indian Guaranteed Loan Program account) shall be available for 
expenses of exhibits, and purchase of not to exceed 229 passenger motor 
vehicles, of which not to exceed 187 shall be for replacement only.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office operations, pooled 
overhead general administration (except facilities operations and 
maintenance), or provided to implement the recommendations of the 
National Academy of Public Administration's August 1999 report shall be 
available for tribal contracts, grants, compacts, or cooperative 
agreements with the Bureau of Indian Affairs under the provisions of the 
Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 
(Public Law 103-413).
    In the event any tribe returns appropriations made available by this 
Act to the Bureau of Indian Affairs for distribution to other tribes, 
this action shall not diminish the Federal Government's trust 
responsibility to that tribe, or the government-to-government 
relationship between the United States and that tribe, or that tribe's 
ability to access future appropriations.
    Notwithstanding any other provision of law, no funds available to 
the Bureau, other than the amounts provided herein for assistance to 
public schools under 25 U.S.C. 452 et seq., shall be available

[[Page 117 STAT. 234]]

to support the operation of any elementary or secondary school in the 
State of Alaska.
    Appropriations made available in this or any other Act for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of September 1, 1996. No funds available to the 
Bureau shall be used to support expanded grades for any school or 
dormitory beyond the grade structure in place or approved by the 
Secretary of the Interior at each school in the Bureau school system as 
of October 1, 1995. Funds made available under this Act may not be used 
to establish a charter school at a Bureau-funded school (as that term is 
defined in section 1146 of the Education Amendments of 1978 (25 U.S.C. 
2026)), except that a charter school that is in existence on the date of 
the enactment of this Act and that has operated at a Bureau-funded 
school before September 1, 1999, may continue to operate during that 
period, but only if the charter school pays to the Bureau a pro rata 
share of funds to reimburse the Bureau for the use of the real and 
personal property (including buses and vans), the funds of the charter 
school are kept separate and apart from Bureau funds, and the Bureau 
does not assume any obligation for charter school programs of the State 
in which the school is located if the charter school loses such funding. 
Employees of Bureau-funded schools sharing a campus with a charter 
school and performing functions related to the charter school's 
operation and employees of a charter school shall not be treated as 
Federal employees for purposes of chapter 171 of title 28, United States 
Code (commonly known as the ``Federal Tort Claims Act'').

                          Departmental Offices

                             Insular Affairs

                        assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $76,217,000, of which: 
(1) $70,922,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, coral reef initiative activities, and brown 
tree snake control and research; grants to the judiciary in American 
Samoa for compensation and expenses, as authorized by law (48 U.S.C. 
1661(c)); grants to the Government of American Samoa, in addition to 
current local revenues, for construction and support of governmental 
functions; grants to the Government of the Virgin Islands as authorized 
by law; grants to the Government of Guam, as authorized by law; and 
grants to the Government of the Northern Mariana Islands as authorized 
by law (Public Law 94-241; 90 Stat. 272); and (2) $5,295,000 shall be 
available for salaries and expenses of the Office of Insular Affairs: 
Provided, That all <<NOTE: 48 USC 1469b.>> financial transactions of the 
territorial and local governments herein provided for, including such 
transactions of all agencies or instrumentalities established or used by 
such governments, may be audited by the General Accounting Office, at 
its discretion, in accordance with chapter 35 of title 31, United States 
Code: Provided further, That Northern Mariana Islands Covenant grant 
funding shall be provided according to those terms of the Agreement of 
the Special Representatives on Future United States Financial Assistance 
for the Northern Mariana Islands approved by Public

[[Page 117 STAT. 235]]

Law 104-134: Provided further, <<NOTE: Grants. Close Up 
Foundation.>> That of the amounts provided for technical assistance, 
sufficient funding shall be made available for a grant to the Close Up 
Foundation: Provided further, That the funds for the program of 
operations and maintenance improvement are appropriated to 
institutionalize routine operations and maintenance improvement of 
capital infrastructure with territorial participation and cost sharing 
to be determined by the Secretary based on the grantee's commitment to 
timely maintenance of its capital assets: Provided further, That any 
appropriation for disaster assistance under this heading in this Act or 
previous appropriations Acts may be used as non-Federal matching funds 
for the purpose of hazard mitigation grants provided pursuant to section 
404 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170c).

                       compact of free association

    For economic assistance and necessary expenses for the Federated 
States of Micronesia and the Republic of the Marshall Islands as 
provided for in sections 122, 221, 223, 232, and 233 of the Compact of 
Free Association, and for economic assistance and necessary expenses for 
the Republic of Palau as provided for in sections 122, 221, 223, 232, 
and 233 of the Compact of Free Association, $20,985,000, to remain 
available until expended, as authorized by Public Law 99-239 and Public 
Law 99-658.

                         Departmental Management

                          salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $72,427,000, of which not to exceed $8,500 may be for official 
reception and representation expenses, and of which up to $1,000,000 
shall be available for workers compensation payments and unemployment 
compensation payments associated with the orderly closure of the United 
States Bureau of Mines.

                         Office of the Solicitor

                          salaries and expenses

    For necessary expenses of the Office of the Solicitor, $47,773,000.

                       Office of Inspector General

                          salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$36,239,000, of which $3,812,000 shall be for procurement by contract of 
independent auditing services to audit the consolidated Department of 
the Interior annual financial statement and the annual financial 
statement of the Department of the Interior bureaus and offices funded 
in this Act.

[[Page 117 STAT. 236]]

             Office of Special Trustee for American Indians

                         federal trust programs

    For operation of trust programs for Indians by direct expenditure, 
contracts, cooperative agreements, compacts, and grants, $141,277,000, 
to remain available until expended, of which $15,000,000 is for 
historical accounting: Provided, That funds for trust management 
improvements may be transferred, as needed, to the Bureau of Indian 
Affairs ``Operation of Indian Programs'' account and to the Departmental 
Management ``Salaries and Expenses'' account: Provided further, That 
funds made available to Tribes and Tribal organizations through 
contracts or grants obligated during fiscal year 2003, as authorized by 
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
remain available until expended by the contractor or grantee: Provided 
further, That notwithstanding any other provision of law, the statute of 
limitations shall not commence to run on any claim, including any claim 
in litigation pending on the date of the enactment of this Act, 
concerning losses to or mismanagement of trust funds, until the affected 
tribe or individual Indian has been furnished with an accounting of such 
funds from which the beneficiary can determine whether there has been a 
loss: Provided further, That <<NOTE: 25 USC 4011 note.>> notwithstanding 
any other provision of law, the Secretary shall not be required to 
provide a quarterly statement of performance for any Indian trust 
account that has not had activity for at least 18 months and has a 
balance of $1.00 or less: Provided further, <<NOTE: Records.>> That the 
Secretary shall issue an annual account statement and maintain a record 
of any such accounts and shall permit the balance in each such account 
to be withdrawn upon the express written request of the account holder: 
Provided further, That not to exceed $50,000 is available for the 
Secretary to make payments to correct administrative errors of either 
disbursements from or deposits to Individual Indian Money or Tribal 
accounts after September 30, 2002: Provided further, That erroneous 
payments that are recovered shall be credited to this account.

                        indian land consolidation

    For consolidation of fractional interests in Indian lands and 
expenses associated with redetermining and redistributing escheated 
interests in allotted lands, and for necessary expenses to carry out the 
Indian Land Consolidation Act of 1983, as amended, by direct expenditure 
or cooperative agreement, $7,980,000, to remain available until expended 
and which may be transferred to the Bureau of Indian Affairs and 
Departmental Management.

           Natural Resource Damage Assessment and Restoration

                 natural resource damage assessment fund

    To conduct natural resource damage assessment and restoration 
activities by the Department of the Interior necessary to carry out the 
provisions of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (42 U.S.C. 9601 et seq.), Federal Water 
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et seq.), and 
Public Law 101-337, as amended

[[Page 117 STAT. 237]]

(16 U.S.C. 19jj et seq.), $5,538,000, to remain available until 
expended.

                        administrative provisions

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, 15 aircraft, 10 of which shall be for 
replacement and which may be obtained by donation, purchase or through 
available excess surplus property: Provided, That notwithstanding any 
other provision of law, existing aircraft being replaced may be sold, 
with proceeds derived or trade-in value used to offset the purchase 
price for the replacement aircraft: Provided further, That 
notwithstanding any other provision of law, the Office of Aircraft 
Services shall transfer to the Sheriff's Office, Kane County, Utah, 
without restriction, a Cessna U206G, identification number N211S, serial 
number 20606916, for the purpose of facilitating more efficient law 
enforcement activities at Glen Canyon National Recreation Area and the 
Grand Staircase Escalante National Monument: Provided further, That no 
programs funded with appropriated funds in the ``Departmental 
Management'', ``Office of the Solicitor'', and ``Office of Inspector 
General'' may be augmented through the Working Capital Fund or the 
Consolidated Working Fund.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section are hereby designated by Congress to be ``emergency 
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, and must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer of 
any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of wildland fires on or threatening 
lands under the jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its jurisdiction; 
for emergency actions related to potential or actual earthquakes, 
floods, volcanoes, storms, or other unavoidable causes; for contingency 
planning subsequent to actual oil spills; for response and natural 
resource damage assessment activities related to actual oil spills; for 
the prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the jurisdiction 
of the Secretary, pursuant to the authority in section 1773(b) of Public 
Law 99-198 (99 Stat. 1658); for emergency reclamation projects under 
section 410 of Public Law 95-87; and shall transfer, from any no year 
funds available to the Office of Surface Mining Reclamation and 
Enforcement, such funds as may be necessary to permit

[[Page 117 STAT. 238]]

assumption of regulatory authority in the event a primacy State is not 
carrying out the regulatory provisions of the Surface Mining Act: 
Provided, That appropriations made in this title for wildland fire 
operations shall be available for the payment of obligations incurred 
during the preceding fiscal year, and for reimbursement to other Federal 
agencies for destruction of vehicles, aircraft, or other equipment in 
connection with their use for wildland fire operations, such 
reimbursement to be credited to appropriations currently available at 
the time of receipt thereof: Provided further, That for wildland fire 
operations, no funds shall be made available under this authority until 
the Secretary determines that funds appropriated for ``wildland fire 
operations'' shall be exhausted within 30 days: Provided further, That 
all funds used pursuant to this section are hereby designated by 
Congress to be ``emergency requirements'' pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 
1985, and must be replenished by a supplemental appropriation which must 
be requested as promptly as possible: Provided further, That such 
replenishment funds shall be used to reimburse, on a pro rata basis, 
accounts from which emergency funds were transferred.
    Sec. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized by 
sections 1535 and 1536 of title 31, United States Code: Provided, That 
reimbursements for costs and supplies, materials, equipment, and for 
services rendered may be credited to the appropriation current at the 
time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 105. Appropriations available to the Department of the Interior 
for salaries and expenses shall be available for uniforms or allowances 
therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
    Sec. 106. Annual appropriations made in this title shall be 
available for obligation in connection with contracts issued for 
services or rentals for periods not in excess of 12 months beginning at 
any time during the fiscal year.
    Sec. 107. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore preleasing, 
leasing and related activities placed under restriction in the 
President's moratorium statement of June 12, 1998, in the areas of 
northern, central, and southern California; the North Atlantic; 
Washington and Oregon; and the eastern Gulf of Mexico south of 26 
degrees north latitude and east of 86 degrees west longitude.

[[Page 117 STAT. 239]]

    Sec. 108. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore oil and natural 
gas preleasing, leasing, and related activities, on lands within the 
North Aleutian Basin planning area.
    Sec. 109. No funds provided in this title may be expended by the 
Department of the Interior to conduct offshore oil and natural gas 
preleasing, leasing and related activities in the eastern Gulf of Mexico 
planning area for any lands located outside Sale 181, as identified in 
the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program, 
1997-2002.
    Sec. 110. No funds provided in this title may be expended by the 
Department of the Interior to conduct oil and natural gas preleasing, 
leasing and related activities in the Mid-Atlantic and South Atlantic 
planning areas.
    Sec. 111. Advance payments made under this title to Indian tribes, 
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or 
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may 
be invested by the Indian tribe, tribal organization, or consortium 
before such funds are expended for the purposes of the grant, compact, 
or annual funding agreement so long as such funds are--
            (1) invested by the Indian tribe, tribal organization, or 
        consortium only in obligations of the United States, or in 
        obligations or securities that are guaranteed or insured by the 
        United States, or mutual (or other) funds registered with the 
        Securities and Exchange Commission and which only invest in 
        obligations of the United States or securities that are 
        guaranteed or insured by the United States; or
            (2) deposited only into accounts that are insured by an 
        agency or instrumentality of the United States, or are fully 
        collateralized to ensure protection of the funds, even in the 
        event of a bank failure.

    Sec. 112. Notwithstanding any other provisions of law, the National 
Park Service shall not develop or implement a reduced entrance fee 
program to accommodate non-local travel through a unit. The Secretary 
may provide for and regulate local non-recreational passage through 
units of the National Park System, allowing each unit to develop 
guidelines and permits for such activity appropriate to that unit.
    Sec. 113. Appropriations made in this Act under the headings Bureau 
of Indian Affairs and Office of Special Trustee for American Indians and 
any available unobligated balances from prior appropriations Acts made 
under the same headings, shall be available for expenditure or transfer 
for Indian trust management and reform activities.
    Sec. 114. Notwithstanding <<NOTE: 16 USC 460bb-3 note.>> any other 
provision of law, the Secretary of the Interior hereafter has ongoing 
authority to negotiate and enter into agreements and leases, without 
regard to section 321 of chapter 314 of the Act of June 30, 1932 (40 
U.S.C. 303b), with any person, firm, association, organization, 
corporation, or governmental entity, for all or part of the property 
within Fort Baker administered by the Secretary as part of the Golden 
Gate National Recreation Area. The proceeds of the agreements or leases 
or any statutorily authorized fees, hereafter shall be retained by the 
Secretary and such proceeds shall remain available until

[[Page 117 STAT. 240]]

expended, without further appropriation, for the preservation, 
restoration, operation, maintenance, interpretation, public programs, 
and related expenses of the National Park Service and nonprofit park 
partners incurred with respect to Fort Baker properties.

    Sec. 115. Notwithstanding any other provision of law, for the 
purpose of reducing the backlog of Indian probate cases in the 
Department of the Interior, the hearing requirements of chapter 10 of 
title 25, United States Code, are deemed satisfied by a proceeding 
conducted by an Indian probate judge, appointed by the Secretary without 
regard to the provisions of title 5, United States Code, governing the 
appointments in the competitive service, for such period of time as the 
Secretary determines necessary: Provided, That the basic pay of an 
Indian probate judge so appointed may be fixed by the Secretary without 
regard to the provisions of chapter 51, and subchapter III of chapter 53 
of title 5, United States Code, governing the classification and pay of 
General Schedule employees, except that no such Indian probate judge may 
be paid at a level which exceeds the maximum rate payable for the 
highest grade of the General Schedule, including locality pay.
    Sec. 116. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in Tribal 
Priority Allocation funds of more than 10 percent in fiscal year 2003. 
Under circumstances of dual enrollment, overlapping service areas or 
inaccurate distribution methodologies, the 10 percent limitation does 
not apply.
    Sec. 117. Funds appropriated for the Bureau of Indian Affairs for 
postsecondary schools for fiscal year 2003 shall be allocated among the 
schools proportionate to the unmet need of the schools as determined by 
the Postsecondary Funding Formula adopted by the Office of Indian 
Education Programs.
    Sec. 118. (a) The Secretary of the Interior shall take such action 
as may be necessary to ensure that the lands comprising the Huron 
Cemetery in Kansas City, Kansas (as described in section 123 of Public 
Law 106-291) are used only in accordance with this section.
    (b) The lands of the Huron Cemetery shall be used only: (1) for 
religious and cultural uses that are compatible with the use of the 
lands as a cemetery; and (2) as a burial ground.
    Sec. 119. Notwithstanding any other provision of law, in conveying 
the Twin Cities Research Center under the authority provided by Public 
Law 104-134, as amended by Public Law 104-208, the Secretary may accept 
and retain land and other forms of reimbursement: Provided, That the 
Secretary may retain and use any such reimbursement until expended and 
without further appropriation: (1) for the benefit of the National 
Wildlife Refuge System within the State of Minnesota; and (2) for all 
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
    Sec. 120. Notwithstanding other provisions of law, the National Park 
Service may authorize, through cooperative agreement, the Golden Gate 
National Parks Association to provide fee-based education, interpretive 
and visitor service functions within the Crissy Field and Fort Point 
areas of the Presidio.

[[Page 117 STAT. 241]]

    Sec. 121. Notwithstanding 31 U.S.C. 3302(b), sums received by the 
Bureau of Land Management for the sale of seeds or seedlings including 
those collected in fiscal year 2002, may be credited to the 
appropriation from which funds were expended to acquire or grow the 
seeds or seedlings and are available without fiscal year limitation.
    Sec. 122. Tribal <<NOTE: 25 USC 2501 note.>> School Construction 
Demonstration Program. (a) Definitions.--In this section:
            (1) Construction.--The term ``construction'', with respect 
        to a tribally controlled school, includes the construction or 
        renovation of that school.
            (2) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given that term in section 4(e) of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b(e)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tribally controlled school.--The term ``tribally 
        controlled school'' has the meaning given that term in section 
        5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
        2511).
            (5) Department.--The term ``Department'' means the 
        Department of the Interior.
            (6) Demonstration program.--The term ``demonstration 
        program'' means the Tribal School Construction Demonstration 
        Program.

    (b) In General.--The Secretary shall carry out a demonstration 
program for fiscal years 2003 through 2007 to provide grants to Indian 
tribes for the construction of tribally controlled schools.
            (1) In general.--Subject to the availability of 
        appropriations, in carrying out the demonstration program under 
        subsection (b), the Secretary shall award a grant to each Indian 
        tribe that submits an application that is approved by the 
        Secretary under paragraph (2). The Secretary shall ensure that 
        an Indian tribe that agrees to fund all future operation and 
        maintenance costs of the tribally controlled school constructed 
        under the demonstration program from other than Federal funds 
        receives the highest priority for a grant under this section.
            (2) Grant applications.--An application for a grant under 
        the section shall--
                    (A) include a proposal for the construction of a 
                tribally controlled school of the Indian tribe that 
                submits the application; and
                    (B) be in such form as the Secretary determines 
                appropriate.
            (3) Grant agreement.--As a condition to receiving a grant 
        under this section, the Indian tribe shall enter into an 
        agreement with the Secretary that specifies--
                    (A) the costs of construction under the grant;
                    (B) that the Indian tribe shall be required to 
                contribute towards the cost of the construction a tribal 
                share equal to 50 percent of the costs; and
                    (C) any other term or condition that the Secretary 
                determines to be appropriate.
            (4) Eligibility.--Grants awarded under the demonstration 
        program shall be used only for construction or replacement of a 
        tribally controlled school.

[[Page 117 STAT. 242]]

    (c) Effect of Grant.--A grant received under this section shall be 
in addition to any other funds received by an Indian tribe under any 
other provision of law. The receipt of a grant under this section shall 
not affect the eligibility of an Indian tribe receiving funding, or the 
amount of funding received by the Indian tribe, under the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
    (d) Report.--At the conclusion of the five-year demonstration 
program, the Secretary shall report to Congress as to whether the 
demonstration program has achieved its purposes of providing additional 
tribes fair opportunities to construct tribally controlled schools, 
accelerating construction of needed educational facilities in Indian 
Country, and permitting additional funds to be provided for the 
Department's priority list for construction of replacement educational 
facilities.
    Sec. 123. White River Oil Shale Mine, Utah. Sale.--Subject to the 
terms and conditions of section 126 of the Department of the Interior 
and Related Agencies Act, 2002, the Administrator of General Services 
shall sell all right, title, and interest of the United States in and to 
the improvements and equipment of the White River Oil Shale Mine.
    Sec. 124. The Secretary of the Interior may use or contract for the 
use of helicopters or motor vehicles on the Sheldon and Hart National 
Wildlife Refuges for the purpose of capturing and transporting horses 
and burros. The provisions of subsection (a) of the Act of September 8, 
1959 (73 Stat. 470; 18 U.S.C. 47(a)) shall not be applicable to such 
use. Such use shall be in accordance with humane procedures prescribed 
by the Secretary.
    Sec. 125. Funds provided in this Act for Federal land acquisition by 
the National Park Service for Shenandoah Valley Battlefields National 
Historic District, and Ice Age National Scenic Trail may be used for a 
grant to a State, a local government, or any other governmental land 
management entity for the acquisition of lands without regard to any 
restriction on the use of Federal land acquisition funds provided 
through the Land and Water Conservation Fund Act of 1965 as amended.
    Sec. 126. None of the funds made available by this Act may be 
obligated or expended by the National Park Service to enter into or 
implement a concession contract which permits or requires the removal of 
the underground lunchroom at the Carlsbad Caverns National Park.
    Sec. 127. None of the funds made available in this Act may be used: 
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis 
Island; or (2) to prevent pedestrian use of such bridge, when such 
pedestrian use is consistent with generally accepted safety standards.
    Sec. 128. <<NOTE: 16 USC 459j-4 note.>> None of the funds made 
available in this or any other Act for any fiscal year may be used to 
designate, or to post any sign designating, any portion of Canaveral 
National Seashore in Brevard County, Florida, as a clothing-optional 
area or as an area in which public nudity is permitted, if such 
designation would be contrary to county ordinance.

    Sec. 129. Notwithstanding any other provision of law, the United 
States Fish and Wildlife Service may use funds appropriated in this Act 
for incidental expenses related to promoting and celebrating the 
Centennial of the National Wildlife Refuge System.

[[Page 117 STAT. 243]]

    Sec. 130. The National Park Service may in fiscal year 2003 and 
thereafter enter into a cooperative agreement with and transfer funds to 
Capital Concerts, a nonprofit organization, for the purpose of carrying 
out programs pursuant to 31 U.S.C. 6305.
    Sec. 131. <<NOTE: Deadline. Reports.>> No later than 30 days after 
enactment of this Act, the Secretary of the Interior shall provide to 
the House and Senate Committees on Appropriations and the House 
Committee on Resources and the Senate Committee on Indian Affairs a 
summary of the Ernst and Young report on the historical accounting for 
the five named plaintiffs in Cobell v. Norton. The summary shall not 
provide individually identifiable financial information, but shall fully 
describe the aggregate results of the historical accounting.

    Sec. 132. None of the funds in this or any other Act for the 
Department of the Interior or the Department of Justice can be used to 
compensate the Special Master and the Special Master-Monitor, and all 
variations thereto, appointed by the United States District Court for 
the District of Columbia in the Cobell v. Norton litigation at an annual 
rate that exceeds 200 percent of the highest Senior Executive Service 
rate of pay for the Washington-Baltimore locality pay area.
    Sec. 133. <<NOTE: Deadline. 15 USC 4046 note.>> Within 90 days of 
enactment of this Act the Special Trustee for American Indians, in 
consultation with the Secretary of the Interior and the Tribes, shall 
appoint new members to the Special Trustee Advisory Board.

    Sec. 134. The Secretary of the Interior may use discretionary funds 
to pay private attorneys fees and costs for employees and former 
employees of the Department of the Interior reasonably incurred in 
connection with Cobell v. Norton to the extent that such fees and costs 
are not paid by the Department of Justice or by private insurance. In no 
case shall the Secretary make payments under this section that would 
result in payment of hourly fees in excess of the highest hourly rate 
approved by the District Court for the District of Columbia for counsel 
in Cobell v. Norton.
    Sec. 135. Section 124(a) of the Department of the Interior and 
Related Agencies Appropriation Act, 1997 (16 U.S.C. 1011 (a)), as 
amended, is further amended by inserting after the phrase 
``appropriations made for the Bureau of Land Management'' the phrase 
``including appropriations for the Wildland Fire Management account 
allocated to the National Park Service, Fish and Wildlife Service, and 
Bureau of Indian Affairs''.
    Sec. 136. Public Law 107-106 is amended as follows: in section 
5(a) <<NOTE: 115 Stat. 1010.>> strike ``9 months after the date of 
enactment of the Act'' and insert in lieu thereof ``September 30, 
2003''.

    Sec. 137. Notwithstanding any other provision of law, the funds 
provided in the Labor, Health and Human Services, Education and Related 
Agencies Appropriations Act of 2002, Public Law 107-116, for the 
National Museum of African American History and Culture Plan for Action 
Presidential Commission shall remain available until expended.
    Sec. 138. The United States Fish and Wildlife Service shall, in 
carrying out its responsibilities to protect threatened and endangered 
species of salmon, implement a system of mass marking of salmonid 
stocks, intended for harvest, that are released from Federally operated 
or Federally financed hatcheries including but not limited to fish 
releases of coho, chinook, and steelhead species. Marked fish must have 
a visible mark that can be readily identified by commercial and 
recreational fishers.

[[Page 117 STAT. 244]]

    Sec. 139. <<NOTE: Federal buildings and facilities. New Mexico. 16 
USC 668dd note.>> The visitor center at the Bitter Lake National 
Wildlife Refuge in New Mexico shall be named for Joseph R. Skeen and, 
hereafter, shall be referred to in any law, document, or record of the 
United States as the ``Joseph R. Skeen Visitor Center''.

    Sec. 140. <<NOTE: 16 USC 195 note.>> In fiscal year 2003 and each 
fiscal year thereafter, notwithstanding any other provision of law, with 
respect to a service contract for the provision solely of transportation 
services at Zion National Park or Rocky Mountain National Park, the 
Secretary of the Interior may obligate the expenditure of fees expected 
to be received in that fiscal year before the fees are received, so long 
as total obligations do not exceed fee collections retained at Zion 
National Park or Rocky Mountain National Park, respectively, by the end 
of that fiscal year.

    Sec. 141. Section 6(f) of Public Law 88-578 as amended shall not 
apply to LWCF program #02-00010.
    Sec. 142. <<NOTE: 40 USC 8903 note.>> Notwithstanding section 1(d) 
of Public Law 107-62, the National Park Service is authorized to 
obligate $1,000,000 made available in fiscal year 2002 to plan the John 
Adams Presidential memorial in cooperation with non-Federal partners.

    Sec. 143. Notwithstanding any other provision of law, funds 
appropriated and remaining available in the Construction (Trust Fund) 
account of the National Park Service at the completion of all authorized 
projects, shall be available for the rehabilitation and improvement of 
Going-to-the-Sun Road in Glacier National Park.
    Sec. 144. Hereafter, the Department of the Interior National 
Business Center may continue to enter into grants, cooperative 
agreements, and other transactions, under the Defense Conversion, 
Reinvestment, and Transition Assistance Act of 1992, and other related 
legislation.
    Sec. 145. (a) In General.--Nothing in section 134 of the Department 
of the Interior and Related Agencies Appropriations Act, 2002 (115 Stat. 
443) affects the decision of the United States Court of Appeals for the 
10th Circuit in Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).
    (b) Use of Certain Indian Land.--Nothing in this section permits the 
conduct of gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) on land described in section 123 of the Department of the 
Interior and Related Agencies Appropriations Act, 2001 (114 Stat. 944), 
or land that is contiguous to that land, regardless of whether the land 
or contiguous land has been taken into trust by the Secretary of the 
Interior.
    Sec. 146. Section 3(f)(2)(B) of Public Law 99-548 (100 Stat. 3061; 
113 Stat. 1501A-168) is amended by striking ``(iv) Sec. 8.'' and 
inserting the following:
                          ``(iv) Sec. 7.
                          ``(v) Sec. 8.''.

    Sec. 147. Not to exceed $650,000 of the funds made available under 
the heading ``United States Fish and Wildlife Service, Construction'' in 
Public Law 107-63 for hangar roof replacement at Midway Atoll National 
Wildlife Refuge, and such sums as may be necessary from ``Departmental 
Management, Salaries and Expenses'', may be transferred to ``United 
States Fish and Wildlife Service, Resource Management'' for operational 
needs at Midway Atoll National Wildlife Refuge.
    Sec. 148. Public Law 107-331 is amended in sections 301(b) and 
301(d) <<NOTE: 116 Stat. 2843, 2844.>> by striking the word 
``Secretary'' each place it appears

[[Page 117 STAT. 245]]

and inserting in lieu thereof the word ``Director'', and by striking the 
text of section 301(c)(3) <<NOTE: 116 Stat. 2844.>> and inserting in 
lieu thereof ``Director.--The term `Director' means the Director of the 
Institute of Museum and Library Services.''.

    Sec. 149. Section 113 of Public Law 104-208 (31 U.S.C. 501 note.) is 
amended by deleting ``That such fund shall be paid in advance'' and 
inserting ``That such fund may be paid in advance''.
    Sec. 150. Historically Black Colleges and Universities. (a) 
Decreased Cost-Sharing Requirement.--Section 507(c) of the Omnibus Parks 
and Public Lands Management Act of 1996 (16 U.S.C. 470a note) is 
amended--
            (1) by striking ``(1) Except'' and inserting the following:
            ``(1) In general.--Except'';
            (2) by striking ``paragraph (2)'' and inserting ``paragraphs 
        (2) and (3)'';
            (3) by striking ``(2) The Secretary'' and inserting the 
        following:
            ``(2) Waiver.--The Secretary'';
            (4) by striking ``paragraph (1)'' and inserting ``paragraphs 
        (1) and (3)''; and
            (5) by adding at the end the following:
            ``(3) Exception.--The Secretary shall not obligate funds 
        made available under subsection (d)(2) for a grant with respect 
        to a building or structure listed on, or eligible for listing 
        on, the National Register of Historic Places unless the grantee 
        agrees to provide, from funds derived from non-Federal sources, 
        an amount that is equal to 30 percent of the total cost of the 
        project for which the grant is provided.''.

    (b) Authorization of Appropriations.--Section 507(d) of the Omnibus 
Parks and Public Lands Management Act of 1996 (16 U.S.C. 470a note) is 
amended--
            (1) by striking ``Pursuant to'' and inserting the following:
            ``(1) In general.--Under''; and
            (2) by adding at the end the following:
            ``(2) Additional funding.--In addition to amounts made 
        available under paragraph (1), there is authorized to be 
        appropriated from the Historic Preservation Fund to carry out 
        this section $10,000,000 for each of fiscal years 2003 through 
        2008.''.

    Sec. 151. The document entitled ``Final Environmental Impact 
Statement for the Renewal of the Federal Grant for the Trans-Alaska 
Pipeline System Right-of-Way (FEIS)'' dated November 2002, shall be 
deemed sufficient to meet the requirements of section 102(2)(C) of the 
National Environmental Policy Act (42 U.S.C. 4332(2)(C)) with respect to 
the determination contained in the Record of Decision dated January 8, 
2003 relating to the renewal of the Federal right-of-way for the Trans-
Alaska Pipeline and related facilities.
    Sec. 152. Missouri River. It is the sense of the Congress that the 
member States and tribes of the Missouri River Basin Association are 
strongly encouraged to reach agreement on a flow schedule for the 
Missouri River as soon as practicable for 2003.
    Sec. 153. Treatment of Abandoned Mine Reclamation Fund Interest. (a) 
In General.--In addition to the transfer provided for in section 402(h) 
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1232(h)), interest credited to the fund established by section 401 of 
such Act (30 U.S.C. 1231) shall be transferred to the Combined Fund 
identified in section 402(h)(2) up

[[Page 117 STAT. 246]]

to such amount as is estimated by the trustees of such Combined Fund to 
offset the amount of any deficit in net assets in the Combined Fund. The 
cumulative additional amount that may be transferred under this section 
from the date of enactment of this Act through September 30, 2004 shall 
not exceed $34,000,000.
    (b) Prohibition on Other Transfers.--Except as provided in 
subsection (a), no principal amounts in or credited to the fund 
established by section 401 of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1231) may be transferred to the Combined Fund 
identified in section 402(h)(2) of such Act (30 U.S.C. 1232(h)(2)).
    (c) Limitation.--This <<NOTE: Termination date.>> section shall 
cease to have any force and effect after September 30, 2004.

    Sec. 154. Section 511(g)(2)(A) of the Omnibus Parks and Public Lands 
Management Act of 1996 (16 U.S.C. 410ddd(g)(2)(A)) is amended by 
striking ``$2,000,000'' and inserting ``$5,000,000''.
    Sec. 155. Replacement <<NOTE: 16 USC 3503 note.>> of Coastal Barrier 
Resources System Map. (a) In General.--The map described in subsection 
(b) is replaced, in the maps depicting the Coastal Barrier Resources 
System that are referred to in section 4(a) of the Coastal Barrier 
Resources Act (16 U.S.C. 3503(a)), by the map entitled ``Plum Tree 
Island Unit VA-59P, Long Creek Unit VA-60/VA-60P'' and dated May 1, 
2002.

    (b) Description of Replaced Map.--The map referred to in subsection 
(a) is the map that--
            (1) relates to Plum Island Unit VA-59P and Long Creek Unit 
        VA-60/VA-60P located in Poquoson and Hampton, Virginia; and
            (2) is included in a set of maps entitled `Coastal Barrier 
        Resources System'', dated October 24, 1990, revised on October 
        23, 1992, and referred to in section 4(a) of the Coastal Barrier 
        Resources Act (16 U.S.C. 3503(a)).

    (c) Availability.--The Secretary of the Interior shall keep the 
replacement map described in subsection (b) on file and available for 
inspection in accordance with section 4(b) of the Coastal Barrier 
Resources Act (16 U.S.C. 3503(b)).
    Sec. 156. Sense of the Congress Regarding Southern California 
Offshore Oil Leases. (a) Findings.--Congress finds that--
            (1) there are 36 undeveloped oil leases on land in the 
        southern California planning area of the outer Continental Shelf 
        that--
                    (A) have been under review by the Secretary of the 
                Interior for an extended period of time, including some 
                leases that have been under review for over 30 years; 
                and
                    (B) have not been approved for development under the 
                Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
                seq.);
            (2) the oil companies that hold the 36 leases--
                    (A) have expressed an interest in retiring the 
                leases in exchange for equitable compensation; and
                    (B) are engaged in settlement negotiations with the 
                Secretary of the Interior for the retirement of the 
                leases; and
            (3) it would be a waste of the taxpayer's money to continue 
        the process for approval or permitting of the 36 leases while

[[Page 117 STAT. 247]]

        the Secretary of the Interior and the lessees are negotiating to 
        retire the leases.

    (b) Sense of the Congress.--It is the sense of the Congress that no 
funds made available by this Act or any other Act for any fiscal year 
should be used by the Secretary of the Interior to approve any 
exploration, development, or production plan for, or application for a 
permit to drill on, the 36 undeveloped leases in the southern California 
planning area of the outer Continental Shelf during any period in which 
the lessees are engaged in settlement negotiations with the Secretary of 
the Interior for the retirement of the leases.
    Sec. 157. Modified Water Delivery Project in the State of Florida. 
(a) Authority.--The Corps of Engineers, using funds made available for 
modifications authorized by section 104 of the Everglades National Park 
Protection and Expansion Act of 1989 (16 U.S.C. 410r-8), shall 
immediately carry out alternative 6D (including paying 100 percent of 
the cost of acquiring land or an interest in land) for the purpose of 
providing a flood protection system for the 8.5 square mile area 
described in the report entitled ``Central and South Florida Project, 
Modified Water Deliveries to Everglades National Park, Florida, 8.5 
Square Mile Area, General Reevaluation Report and Final Supplemental 
Environmental Impact Statement'' and dated July 2000.
    (b) Condition.--
            (1) In general.--The Corps of Engineers may only acquire 
        real property used as a residence for the purpose of carrying 
        out the project described in subsection (a) if the Corps of 
        Engineers or the non-Federal sponsor first offers the owner of 
        such real property comparable real property within the part of 
        the 8.5 square mile area that will be provided flood protection 
        under such project. This paragraph does not affect the authority 
        of the Corps of Engineers to acquire property for which this 
        condition has been met or to which this condition does not 
        apply.
            (2) Authority to acquire land and provide assistance.--The 
        Corps of Engineers is authorized to acquire such land in the 
        flood protected portion of the 8.5 square mile area from willing 
        sellers, and provide such financial assistance, as may be 
        necessary to carry out this subsection.
            (3) Funding.--The Corps of Engineers and the non-Federal 
        sponsor may carry out this subsection with funds made available 
        to carry out the project described in subsection (a) and funds 
        provided by the Department of the Interior for land acquisition 
        assistance for Everglades restoration purposes.

    Sec. 158. No funds appropriated for the Department of the Interior 
by this Act or any other Act shall be used to study or implement any 
plan to drain Lake Powell or to reduce the water level of the lake below 
the range of water levels required for the operation of the Glen Canyon 
Dam.
    Sec. 159. Notwithstanding the limitation in subparagraph (2)(B) of 
section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)), 
the total amount of all fees imposed by the National Indian Gaming 
Commission for fiscal year 2004 shall not exceed $12,000,000.
    Sec. 160. Moccasin <<NOTE: Moccasin Bend National Archeological 
District Act. Tennessee. 16 USC 424c.>> Bend National Archeological 
District Act. (a) Short Title.--This section may be cited as the 
``Moccasin Bend National Archeological District Act''.

[[Page 117 STAT. 248]]

    (b) Definitions.--As used in this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Archeological district.--The term ``archeological 
        district'' means the Moccasin Bend National Archeological 
        District.
            (3) State.--The term ``State'' means the State of Tennessee.
            (4) Map.--The term ``Map'' means the map entitled, 
        ``Boundary Map Moccasin Bend National Archeological District'', 
        numbered 301/80098, and dated September 2002.

    (c) Establishment.--
            (1) In general.--In order to preserve, protect, and 
        interpret for the benefit of the public the nationally 
        significant archeological and historic resources located on the 
        peninsula known as Moccasin Bend, Tennessee, there is 
        established as a unit of Chickamauga and Chattanooga National 
        Military Park, the Moccasin Bend National Archeological 
        District.
            (2) Boundaries.--The archeological district shall consist of 
        approximately 780 acres generally depicted on the Map. The Map 
        shall be on file and available for public inspection in the 
        appropriate offices of the National Park Service, Department of 
        the Interior.
            (3) Acquisition of land and interests in land.--
                    (A) In general.--The Secretary may acquire by 
                donation, purchase from willing sellers using donated or 
                appropriated funds, or exchange, lands and interests in 
                lands within the exterior boundary of the archeological 
                district. The Secretary may acquire the State, county 
                and city-owned land and interests in land for inclusion 
                in the archeological district only by donation.
                    (B) Easement outside boundary.--To allow access 
                between areas of the archeological district that on the 
                date of the enactment of this section are noncontiguous, 
                the Secretary may acquire by donation or purchase from 
                willing owners using donated or appropriated funds, or 
                exchange, easements connecting the areas generally 
                depicted on the Map.

    (d) Administration.--
            (1) In general.--The archeological district shall be 
        administered by the Secretary in accordance with this section, 
        with laws applicable to Chickamauga and Chattanooga National 
        Military Park, and with the laws generally applicable to units 
        of the National Park System.
            (2) Cooperative agreement.--The Secretary may consult and 
        enter into cooperative agreements with culturally affiliated 
        federally recognized Indian tribes, governmental entities, and 
        interested persons to provide for the restoration, preservation, 
        development, interpretation, and use of the archeological 
        district.
            (3) Visitor interpretive center.--For purposes of 
        interpreting the historical themes and cultural resources of the 
        archeological district, the Secretary may establish and 
        administer a visitor center in the archeological district.
            (4) General management plan.--Not <<NOTE: Deadline.>> later 
        than 3 years after funds are made available under this section, 
        the Secretary shall develop a general management plan for the 
        archeological district. The general management plan shall 
        describe the appropriate protection and preservation of natural, 
        cultural, and

[[Page 117 STAT. 249]]

        scenic resources, visitor use, and facility development within 
        the archeological district consistent with the purposes of this 
        section, while ensuring continued access by private landowners 
        to their property.

    (e) Repeal of Previous Acquisition Authority.--The Act of August 3, 
1950 (chapter 532; 16 U.S.C. 424a-4) is repealed.
    Sec. 161. Section 6 of Public Law 102-495 (106 Stat. 3173) is 
amended by removing subsections 6(b) and (c) in their entirety and 
substituting the following:
    ``(b) Lands Transfer to the Lower Elwha Klallam Tribe.--Subject to 
valid existing rights, all right, title, and interest of the United 
States in and to the following described land, consisting of 1.7 acres, 
more or less, situated in the County of Clallam, State of Washington, 
are hereby conveyed to the Lower Elwha Klallam Indian Tribe: the parcel 
lying south of the existing roadway and extending southward to the Inner 
Harbor line of the Port Angeles Tidelands, and beginning at the north-
south line 1,106 feet west of the eastern boundary of Out Lot 6 and 
running easterly 1,671 feet to the north-south line 565 feet east of the 
eastern boundary of Out Lot 6, to be further described on a detailed 
legal description and map filed later with the Oregon/Washington Office 
of the Bureau of Land Management. <<NOTE: Deadline.>> Said legal 
description and map shall be provided by the tribe, at its cost and 
expense, within ninety (90) days of the enactment of this Act. This 
conveyance shall be subject to the following provisions:
            ``(1) There shall be public access to the beach along the 
        south side of the parcel at all times.
            ``(2) The City of Port Angeles shall have the right to 
        construct and maintain a waterfront trail adjacent to the 
        existing roadway along the north side of the parcel, the 
        location of which shall be determined in conjunction with the 
        Secretary.
            ``(3) Parking facilities on the parcel shall be open to the 
        public at all times.
            ``(4) The Agreement entered into on August 11, 1992, between 
        the City of Port Angeles and the Tribe regarding the use of the 
        adjacent leaseholds.
            ``(5) Easements shall be are hereby reserved in favor of the 
        United States upon, over, under, through, and across the lands 
        conveyed under this section allowing the United States, its 
        successors, assigns, and agents, unrestricted and uninterrupted 
        access to any adjoining lands owned or controlled by the United 
        States, including but not limited to, the United States Coast 
        Guard Air Station located on Ediz Hook, and allowing the United 
        States, its successors, assigns, and agents, to install, 
        construct, operate, maintain, repair, and replace utility lines 
        and other related equipment upon, over, under, through, and 
        across the lands conveyed under this section in order to operate 
        said air station or to conduct any other Federal mission, 
        operation, or activity upon lands owned or controlled by the 
        United States.
            ``(6) A navigation easement shall be hereby reserved in 
        favor of the United States over the lands conveyed under this 
        section for the continued aircraft operations at the adjacent 
        United States Coast Guard Air Station on Ediz Hook. Said 
        navigation easement shall be based on the Federal Aviation 
        Administration (FAA) standards contained in FAA Advisory 
        Circular 150/5390-2A, ``Heliport Design,'' dated January 20,

[[Page 117 STAT. 250]]

        1994. In any event, the Lower Elwha Klallam Indian Tribe shall 
        not construct any building or structure that intrudes into 
        navigable airspace, as defined in FAA regulations.''.

                       TITLE II--RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                      forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $251,685,000, to remain available until expended.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management including treatments of pests, 
pathogens and invasive or noxious plants, cooperative forestry, and 
education and land conservation activities and conducting an 
international program as authorized, $286,574,000, to remain available 
until expended, as authorized by law: Provided, 
That <<NOTE: Notification.>> none of the funds provided under this 
heading for the acquisition of lands or interests in lands shall be 
available until the Forest Service notifies the House Committee on 
Appropriations and the Senate Committee on Appropriations, in writing, 
of specific acquisition of lands or interests in lands to be undertaken 
with such funds: Provided further, <<NOTE: Grants.>> That each forest 
legacy grant shall be for a specific project or set of specific tasks: 
Provided further, That grants for acquisition of lands or conservation 
easements shall require that the State demonstrates that 25 percent of 
the total value of the project is comprised of a non-Federal cost share: 
Provided further, That funds provided in this Act and in Public Laws 
106-113, 106-291, and 107-63, for the West Branch Forest Legacy Project 
in the State of Maine, consisting of at least 45,000 acres of fee simple 
purchase and at least 275,000 acres in a conservation easement, that 
have not been expended by January 31, 2004, shall be transferred to the 
Wildland Fire Management account and shall be available to perform 
rehabilitation and restoration activities: Provided further, That 
notwithstanding any other provision of law, of the funds provided under 
this heading, $1,000,000 shall be made available to Kake Tribal 
Corporation as an advance direct lump sum payment to implement the Kake 
Tribal Corporation Land Transfer Act (Public Law 106-283).

                         national forest system

    For necessary expenses of the Forest Service, not otherwise provided 
for, for management, protection, improvement, and utilization of the 
National Forest System, $1,362,299,000, to remain available until 
expended, which shall include 50 percent of all moneys received during 
prior fiscal years as fees collected under the Land and Water 
Conservation Fund Act of 1965, as amended, in accordance with section 4 
of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated balances 
available at the start of fiscal year 2003 shall be displayed by budget 
line item in the fiscal year

[[Page 117 STAT. 251]]

2004 budget justification: Provided further, That the Secretary may 
authorize the expenditure or transfer of such sums as necessary to the 
Department of the Interior, Bureau of Land Management for removal, 
preparation, and adoption of excess wild horses and burros from National 
Forest System lands: Provided further, That of the funds provided under 
this heading for Forest Products, $4,000,000 shall be allocated to the 
Alaska Region, in addition to its normal allocation for the purposes of 
preparing additional timber for sale, to establish a 3-year timber 
supply and such funds may be transferred to other appropriations 
accounts as necessary to maximize accomplishment: Provided further, That 
within funds available for the purpose of implementing the Valles 
Caldera Preservation Act, notwithstanding the limitations of section 
107(e)(2) of the Valles Caldera Preservation Act (Public Law 106-248), 
for fiscal year 2003, the Chair of the Board of Trustees of the Valles 
Caldera Trust may receive, upon request, compensation for each day 
(including travel time) that the Chair is engaged in the performance of 
the functions of the Board, except that compensation shall not exceed 
the daily equivalent of the annual rate in effect for members of the 
Senior Executive Service at the ES-1 level, and shall be in addition to 
any reimbursement for travel, subsistence and other necessary expenses 
incurred by the Chair in the performance of the Chair's duties.

                        wildland fire management

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuel reduction on or adjacent to such lands, and for emergency 
rehabilitation of burned-over National Forest System lands and water, 
$1,379,938,000, to remain available until expended: Provided, That such 
funds including unobligated balances under this head, are available for 
repayment of advances from other appropriations accounts previously 
transferred for such purposes: Provided further, That not less than 50 
percent of any unobligated balances remaining (exclusive of amounts for 
hazardous fuels reduction) at the end of fiscal year 2002 shall be 
transferred, as repayment for past advances that have not been repaid, 
to the fund established pursuant to section 3 of Public Law 71-319 (16 
U.S.C. 576 et seq.): Provided further, That notwithstanding any other 
provision of law, $8,000,000 of funds appropriated under this 
appropriation shall be used for Fire Science Research in support of the 
Joint Fire Science Program: Provided further, That all authorities for 
the use of funds, including the use of contracts, grants, and 
cooperative agreements, available to execute the Forest and Rangeland 
Research appropriation, are also available in the utilization of these 
funds for the Joint Fire Science Program: Provided further, That funds 
provided shall be available for emergency rehabilitation and 
restoration, hazard reduction activities in the urban-wildland 
interface, support to Federal emergency response, and wildfire 
suppression activities of the Forest Service: Provided further, That of 
the funds provided, $228,109,000 is for hazardous fuel treatment, 
$7,124,000 is for rehabilitation and restoration, $1,850,000 is for 
capital improvement and maintenance of fire facilities, $21,427,000 is 
for research activities and to make competitive research grants pursuant 
to the Forest and Rangeland Renewable Resources Research Act, as amended 
(16 U.S.C. 1641 et seq.),

[[Page 117 STAT. 252]]

$46,555,000 is for State fire assistance, $8,240,000 is for volunteer 
fire assistance, $16,934,000 is for forest health activities on State, 
private, and Federal lands, and $5,000,000 is for economic action 
programs: Provided further, That amounts in this paragraph may be 
transferred to the ``State and Private Forestry'', ``National Forest 
System'', ``Forest and Rangeland Research'', and ``Capital Improvement 
and Maintenance'' accounts to fund State fire assistance, volunteer fire 
assistance, and forest health management, vegetation and watershed 
management, heritage site rehabilitation, wildlife and fish habitat 
management, trails and facilities maintenance and restoration: Provided 
further, That transfers of any amounts in excess of those authorized in 
this paragraph, shall require approval of the House and Senate 
Committees on Appropriations in compliance with reprogramming procedures 
contained in House Report No. 105-163: Provided further, That the costs 
of implementing any cooperative agreement between the Federal Government 
and any non-Federal entity may be shared, as mutually agreed on by the 
affected parties: Provided further, That in entering into such grants or 
cooperative agreements, the Secretary may consider the enhancement of 
local and small business employment opportunities for rural communities, 
and that in entering into procurement contracts under this section on a 
best value basis, the Secretary may take into account the ability of an 
entity to enhance local and small business employment opportunities in 
rural communities, and that the Secretary may award procurement 
contracts, grants, or cooperative agreements under this section to 
entities that include local non-profit entities, Youth Conservation 
Corps or related partnerships with State, local or non-profit youth 
groups, or small or disadvantaged businesses: Provided further, That in 
addition to funds provided for State Fire Assistance programs, and 
subject to all authorities available to the Forest Service under the 
State and Private Forestry Appropriations, up to $15,000,000 may be used 
on adjacent non-Federal lands for the purpose of protecting communities 
when hazard reduction activities are planned on national forest lands 
that have the potential to place such communities at risk: Provided 
further, That included in funding for hazardous fuel reduction is 
$5,000,000 for implementing the Community Forest Restoration Act, Public 
Law 106-393, title VI, and any portion of such funds shall be available 
for use on non-Federal lands in accordance with authorities available to 
the Forest Service under the State and Private Forestry Appropriation: 
Provided further, That in expending the funds provided with respect to 
this Act for hazardous fuels reduction, the Secretary of the Interior 
and the Secretary of Agriculture may conduct fuel reduction treatments 
on Federal lands using all contracting and hiring authorities available 
to the Secretaries applicable to hazardous fuel reduction activities 
under the wildland fire management accounts: Provided further, That 
notwithstanding Federal Government procurement and contracting laws, the 
Secretaries may conduct fuel reduction treatments, rehabilitation and 
restoration, and other activities authorized under this heading on and 
adjacent to Federal lands using grants and cooperative agreements: 
Provided further, That notwithstanding Federal Government procurement 
and contracting laws, in order to provide employment and training 
opportunities to people in rural communities, the Secretaries may award 
contracts, including contracts for monitoring activities, to local 
private, nonprofit, or cooperative entities; Youth Conservation

[[Page 117 STAT. 253]]

Corps crews or related partnerships, with State, local and non-profit 
youth groups; small or micro-businesses; or other entities that will 
hire or train a significant percentage of local people to complete such 
contracts: Provided further, That the authorities described above 
relating to contracts, grants, and cooperative agreements are available 
until all funds provided in this title for hazardous fuels reduction 
activities in the urban wildland interface are obligated.

                   capital improvement and maintenance

    For necessary expenses of the Forest Service, not otherwise provided 
for, $552,039,000, to remain available until expended for construction, 
reconstruction, maintenance and acquisition of buildings and other 
facilities, and for construction, reconstruction, repair and maintenance 
of forest roads and trails by the Forest Service as authorized by 16 
U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That up to 
$15,000,000 of the funds provided herein for road maintenance shall be 
available for the decommissioning of roads, including unauthorized roads 
not part of the transportation system, which are no longer needed: 
Provided further, That no funds shall be expended to decommission any 
system road until notice and an opportunity for public comment has been 
provided on each decommissioning project: Provided further, That the 
Forest Service shall transfer $500,000 appropriated in Public Law 107-63 
within the Capital Improvement and Maintenance appropriation, to the 
State and Private Forestry appropriation, and shall provide these funds 
in an advance direct lump sum payment to Purdue University for planning 
and construction of a hardwood tree improvement and generation facility: 
Provided further, That notwithstanding any provision of law, funds 
provided for construction of facilities at Purdue University in Indiana 
in this Act, in the amount of $1,700,000 shall be available to the 
University, and $1,000,000 provided in this Act for construction of 
facilities in Cordova, Alaska shall be available to the city.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $133,815,000 to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended: Provided, That from amounts previously appropriated under this 
heading for the acquisition of lands in the Tongass National Forest, 
$350,000 shall be provided as an advance direct lump sum payment to the 
City of Juneau for the acquisition of 10.5 acres of land in Southeastern 
Alaska for a wild bird rehabilitation clinic and nature education 
center.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia,

[[Page 117 STAT. 254]]

and Cleveland National Forests, California, as authorized by law, 
$1,069,000, to be derived from forest receipts.

             acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities pursuant to the Act of 
December 4, 1967, as amended (16 U.S.C. 484a), and for authorized 
expenditures from funds deposited by non-Federal parties pursuant to 
related Land Sale and Exchange Acts, to remain available until expended.

                          range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior fiscal 
year, as fees for grazing domestic livestock on lands in National 
Forests in the 16 Western States, pursuant to section 401(b)(1) of 
Public Law 94-579, as amended, to remain available until expended, of 
which not to exceed 6 percent shall be available for administrative 
expenses associated with on-the-ground range rehabilitation, protection, 
and improvements.

     gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act.

        management of national forest lands for subsistence uses

    For necessary expenses of the Forest Service to manage Federal lands 
in Alaska for subsistence uses under title VIII of the Alaska National 
Interest Lands Conservation Act (Public Law 96-487), $5,542,000, to 
remain available until expended.

                administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of not to exceed 113 passenger 
motor vehicles of which 10 will be used primarily for law enforcement 
purposes and of which 113 shall be for replacement; acquisition of 25 
passenger motor vehicles from excess sources, and hire of such vehicles; 
operation and maintenance of aircraft, the purchase of not to exceed 
seven for replacement only, and acquisition of sufficient aircraft from 
excess sources to maintain the operable fleet at 195 aircraft for use in 
Forest Service wildland fire programs and other Forest Service programs; 
notwithstanding other provisions of law, existing aircraft being 
replaced may be sold, with proceeds derived or trade-in value used to 
offset the purchase price for the replacement aircraft; (2) services 
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment 
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings 
and other public improvements (7 U.S.C. 2250); (4) acquisition of land, 
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for 
expenses pursuant to the Volunteers in the National Forest Act of 1972 
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms

[[Page 117 STAT. 255]]

as authorized by 5 U.S.C. 5901-5902; and (7) for debt collection 
contracts in accordance with 31 U.S.C. 3718(c).
    None of the funds made available under this Act shall be obligated 
or expended to abolish any region, to move or close any regional office 
for National Forest System administration of the Forest Service, 
Department of Agriculture without the consent of the House and Senate 
Committees on Appropriations.
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions if and only if all previously appropriated emergency 
contingent funds under the heading ``Wildland Fire Management'' have 
been released by the President and apportioned and all funds under the 
heading ``Wildland Fire Management'' are obligated.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest and rangeland 
research, technical information, and assistance in foreign countries, 
and shall be available to support forestry and related natural resource 
activities outside the United States and its territories and 
possessions, including technical assistance, education and training, and 
cooperation with United States and international organizations.
    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
7 U.S.C. 147b unless the proposed transfer is approved in advance by the 
House and Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in House Report No. 105-163.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the procedures contained 
in House Report No. 105-163.
    No funds available to the Forest Service shall be transferred to the 
Working Capital Fund of the Department of Agriculture that exceed the 
total amount transferred during fiscal year 2000 for such purposes 
without the advance approval of the House and Senate Committees on 
Appropriations.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $2,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the Youth 
Conservation Corps.
    Of the funds available to the Forest Service, $2,500 is available to 
the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the 
funds available to the Forest Service, up to $3,000,000 may be advanced 
in a lump sum as Federal financial assistance to the National Forest 
Foundation, without regard to when the Foundation incurs expenses, for 
administrative expenses or projects on or benefitting National Forest 
System lands or related to Forest Service programs: Provided, That of 
the Federal funds made available to the Foundation, no more than 
$400,000 shall be available for administrative expenses: Provided 
further, That the Foundation

[[Page 117 STAT. 256]]

shall obtain, by the end of the period of Federal financial assistance, 
private contributions to match on at least one-for-one basis funds made 
available by the Forest Service: Provided further, That the Foundation 
may transfer Federal funds to a non-Federal recipient for a project at 
the same rate that the recipient has obtained the non-Federal matching 
funds: Provided further, <<NOTE: 16 USC 583j-9 note.>> That authorized 
investments of Federal funds held by the Foundation may be made only in 
interest-bearing obligations of the United States or in obligations 
guaranteed as to both principal and interest by the United States.

    Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the 
funds available to the Forest Service shall be available for matching 
funds to the National Fish and Wildlife Foundation, as authorized by 16 
U.S.C. 3701-3709, and may be advanced in a lump sum as Federal financial 
assistance, without regard to when expenses are incurred, for projects 
on or benefitting National Forest System lands or related to Forest 
Service programs: Provided, That the Foundation shall obtain, by the end 
of the period of Federal financial assistance, private contributions to 
match on at least one-for-one basis funds advanced by the Forest 
Service: Provided further, That the Foundation may transfer Federal 
funds to a non-Federal recipient for a project at the same rate that the 
recipient has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes.
    Notwithstanding any other provision of law, 80 percent of the funds 
appropriated to the Forest Service in the ``National Forest System'' and 
``Capital Improvement and Maintenance'' accounts and planned to be 
allocated to activities under the ``Jobs in the Woods'' program for 
projects on National Forest land in the State of Washington may be 
granted directly to the Washington State Department of Fish and Wildlife 
for accomplishment of planned projects. Twenty percent of said funds 
shall be retained by the Forest Service for planning and administering 
projects. Project selection and prioritization shall be accomplished by 
the Forest Service with such consultation with the State of Washington 
as the Forest Service deems appropriate.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    For fiscal years 2003 through 2007, the Secretary of Agriculture is 
authorized to enter into grants, contracts, and cooperative agreements 
as appropriate with the Pinchot Institute for Conservation, as well as 
with public and other private agencies, organizations, institutions, and 
individuals, to provide for the development, administration, 
maintenance, or restoration of land, facilities, or Forest Service 
programs, at the Grey Towers National Historic Landmark: Provided, That, 
subject to such terms and conditions as the Secretary of Agriculture may 
prescribe, any such public or private agency, organization, institution, 
or individual may solicit, accept, and administer private gifts of money 
and real or personal property for the benefit of, or in connection with, 
the

[[Page 117 STAT. 257]]

activities and services at the Grey Towers National Historic Landmark: 
Provided further, That such gifts may be accepted notwithstanding the 
fact that a donor conducts business with the Department of Agriculture 
in any capacity.
    Funds appropriated to the Forest Service shall be available, as 
determined by the Secretary, for payments to Del Norte County, 
California, pursuant to sections 13(e) and 14 of the Smith River 
National Recreation Area Act (Public Law 101-612).
    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service not to exceed $500,000 may be used 
to reimburse the Office of the General Counsel (OGC), Department of 
Agriculture, for travel and related expenses incurred as a result of OGC 
assistance or participation requested by the Forest Service at meetings, 
training sessions, management reviews, land purchase negotiations and 
similar non-litigation related matters. Future budget justifications for 
both the Forest Service and the Department of Agriculture should clearly 
display the sums previously transferred and the requested funding 
transfers.
    Any appropriations or funds available to the Forest Service may be 
used for necessary expenses in the event of law enforcement emergencies 
as necessary to protect natural resources and public or employee safety: 
Provided, That such amounts shall not exceed $1,000,000.
    The Secretary of Agriculture may authorize the sale of excess 
buildings, facilities, and other properties owned by the Forest Service 
and located on the Green Mountain National Forest, the revenues of which 
shall be retained by the Forest Service and available to the Secretary 
without further appropriation and until expended for maintenance and 
rehabilitation activities on the Green Mountain National Forest.
    The Secretary of Agriculture may transfer or reimburse funds 
available to the Forest Service, not to exceed $15,000,000, to the 
Secretary of the Interior or the Secretary of Commerce to expedite 
conferencing and consultations as required under section 7 of the 
Endangered Species Act, 16 U.S.C. 1536. The amount of the transfer or 
reimbursement shall be as mutually agreed by the Secretary of 
Agriculture and the Secretary of the Interior or Secretary of Commerce, 
as applicable, or their designees. The amount shall in no case exceed 
the actual costs of consultation and conferencing.
    Beginning <<NOTE: Effective date. Termination date.>> on June 30, 
2001 and concluding on December 31, 2003, an eligible individual who is 
employed in any project funded under title V of the Older American Act 
of 1965 (42 U.S.C. 3056 et seq.) and administered by the Forest Service 
shall be considered to be a Federal employee for purposes of chapter 171 
of title 28, United States Code.

                          DEPARTMENT OF ENERGY

                          clean coal technology

                               (deferral)

    Of the funds made available under this heading for obligation in 
prior years, $87,000,000 shall not be available until October 1, 2003: 
Provided, That funds made available in previous appropriations Acts 
shall be available for any ongoing project regardless of the separate 
request for proposal under which the project was selected.

[[Page 117 STAT. 258]]

                 fossil energy research and development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal of 
mineral substances without objectionable social and environmental costs 
(30 U.S.C. 3, 1602, and 1603), $624,900,000, to remain available until 
expended, of which $4,000,000 is to continue a multi-year project for 
construction, renovation, furnishing, and demolition or removal of 
buildings at National Energy Technology Laboratory facilities in 
Morgantown, West Virginia and Pittsburgh, Pennsylvania; and of which 
$150,000,000 are to be made available, after coordination with the 
private sector, for a request for proposals for a Clean Coal Power 
Initiative providing for competitively-awarded research, development, 
and demonstration projects to reduce the barriers to continued and 
expanded coal use: Provided, That no project may be selected for which 
sufficient funding is not available to provide for the total project: 
Provided further, That funds shall be expended in accordance with the 
provisions governing the use of funds contained under the heading 
``Clean Coal Technology'' in prior appropriations: Provided further, 
That the Department may include provisions for repayment of Government 
contributions to individual projects in an amount up to the Government 
contribution to the project on terms and conditions that are acceptable 
to the Department including repayments from sale and licensing of 
technologies from both domestic and foreign transactions: Provided 
further, That such repayments shall be retained by the Department for 
future coal-related research, development and demonstration projects: 
Provided further, That any technology selected under this program shall 
be considered a Clean Coal Technology, and any project selected under 
this program shall be considered a Clean Coal Technology Project, for 
the purposes of 42 U.S.C. 7651n, and Chapters 51, 52, and 60 of title 40 
of the Code of Federal Regulations: Provided further, That no part of 
the sum herein made available shall be used for the field testing of 
nuclear explosives in the recovery of oil and gas: Provided further, 
That up to 4 percent of program direction funds available to the 
National Energy Technology Laboratory may be used to support Department 
of Energy activities not included in this account.

                 naval petroleum and oil shale reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, $17,831,000, to remain available until expended: 
Provided, That, notwithstanding any other provision of law, unobligated 
funds remaining from prior years shall be available for all naval 
petroleum and oil shale reserve activities.

                       elk hills school lands fund

    For necessary expenses in fulfilling installment payments under the 
Settlement Agreement entered into by the United States and the State of 
California on October 11, 1996, as authorized by section

[[Page 117 STAT. 259]]

3415 of Public Law 104-106, $36,000,000, to become available on October 
1, 2003 for payment to the State of California for the State Teachers' 
Retirement Fund from the Elk Hills School Lands Fund.

                           energy conservation

    For necessary expenses in carrying out energy conservation 
activities, $897,603,000, to remain available until expended: Provided, 
That $270,000,000 shall be for use in energy conservation grant programs 
as defined in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507): 
Provided further, That notwithstanding section 3003(d)(2) of Public Law 
99-509, such sums shall be allocated to the eligible programs as 
follows: $225,000,000 for weatherization assistance grants and 
$45,000,000 for State energy conservation grants.

                           economic regulation

    For necessary expenses in carrying out the activities of the Office 
of Hearings and Appeals, $1,487,000, to remain available until expended.

                       strategic petroleum reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant to 
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 
6201 et seq.), $172,856,000, to remain available until expended.

                          spr petroleum account

                         (including rescission)

    For the acquisition and transportation of petroleum and for other 
necessary expenses pursuant to the Energy Policy and Conservation Act of 
1975, as amended (42 U.S.C. 6201 et seq.), $7,000,000, to remain 
available until expended: Provided, That from unobligated balances of 
prior year appropriations, an amount of $5,000,000 is rescinded.

                   northeast home heating oil reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operations, and management activities pursuant to the Energy 
Policy and Conservation Act of 2000, $6,000,000, to remain available 
until expended.

                    energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $80,611,000, to remain available until 
expended.

             administrative provisions, department of energy

    Appropriations under this Act for the current fiscal year shall be 
available for hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase, repair, and cleaning of uniforms;

[[Page 117 STAT. 260]]

and reimbursement to the General Services Administration for security 
guard services.
    From appropriations under this Act, transfers of sums may be made to 
other agencies of the Government for the performance of work for which 
the appropriation is made.
    None of the funds made available to the Department of Energy under 
this Act shall be used to implement or finance authorized price support 
or loan guarantee programs unless specific provision is made for such 
programs in an appropriations Act.
    The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, private or 
foreign: Provided, That revenues and other moneys received by or for the 
account of the Department of Energy or otherwise generated by sale of 
products in connection with projects of the Department appropriated 
under this Act may be retained by the Secretary of Energy, to be 
available until expended, and used only for plant construction, 
operation, costs, and payments to cost-sharing entities as provided in 
appropriate cost-sharing contracts or agreements: Provided further, That 
the remainder of revenues after the making of such payments shall be 
covered into the Treasury as miscellaneous receipts: Provided 
further, <<NOTE: Contracts. Reports.>> That any contract, agreement, or 
provision thereof entered into by the Secretary pursuant to this 
authority shall not be executed prior to the expiration of 30 calendar 
days (not including any day in which either House of Congress is not in 
session because of adjournment of more than 3 calendar days to a day 
certain) from the receipt by the Speaker of the House of Representatives 
and the President of the Senate of a full comprehensive report on such 
project, including the facts and circumstances relied upon in support of 
the proposed project.

    No funds provided in this Act may be expended by the Department of 
Energy to prepare, issue, or process procurement documents for programs 
or projects for which appropriations have not been made.
    In addition to other authorities set forth in this Act, the 
Secretary may accept fees and contributions from public and private 
sources, to be deposited in a contributed funds account, and prosecute 
projects using such fees and contributions in cooperation with other 
Federal, State or private agencies or concerns.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $2,492,115,000, together with 
payments received during the fiscal year pursuant to 42 U.S.C. 238(b) 
for services furnished by the Indian Health Service: Provided, That 
funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of 
the grant

[[Page 117 STAT. 261]]

or contract award and thereafter shall remain available to the tribe or 
tribal organization without fiscal year limitation: Provided further, 
That $18,000,000 shall remain available until expended, for the Indian 
Catastrophic Health Emergency Fund: Provided further, That $460,130,000 
for contract medical care shall remain available for obligation until 
September 30, 2004: Provided further, That <<NOTE: 25 USC 1621 
note.>> contract medical care funds appropriated heretofore and 
hereafter for tribes recognized after January 1, 1995, may be used to 
provide medical services directly or through contract medical care: 
Provided further, That of the funds provided, up to $25,000,000 shall be 
used to carry out the loan repayment program under section 108 of the 
Indian Health Care Improvement Act: Provided further, That funds 
provided in this Act may be used for one-year contracts and grants which 
are to be performed in two fiscal years, so long as the total obligation 
is recorded in the year for which the funds are appropriated: Provided 
further, That the amounts collected by the Secretary of Health and Human 
Services under the authority of title IV of the Indian Health Care 
Improvement Act shall remain available until expended for the purpose of 
achieving compliance with the applicable conditions and requirements of 
titles XVIII and XIX of the Social Security Act (exclusive of planning, 
design, or construction of new facilities): Provided further, That 
funding contained herein, and in any earlier appropriations Acts for 
scholarship programs under the Indian Health Care Improvement Act (25 
U.S.C. 1613) shall remain available for obligation until September 30, 
2004: Provided further, That amounts received by tribes and tribal 
organizations under title IV of the Indian Health Care Improvement Act 
shall be reported and accounted for and available to the receiving 
tribes and tribal organizations until expended: Provided further, That, 
notwithstanding any other provision of law, of the amounts provided 
herein, not to exceed $270,734,000 shall be for payments to tribes and 
tribal organizations for contract or grant support costs associated with 
contracts, grants, self-governance compacts or annual funding agreements 
between the Indian Health Service and a tribe or tribal organization 
pursuant to the Indian Self-Determination Act of 1975, as amended, prior 
to or during fiscal year 2003, of which not to exceed $2,500,000 may be 
used for contract support costs associated with new or expanded self-
determination contracts, grants, self-governance compacts or annual 
funding agreements: Provided further, <<NOTE: 42 USC 254c-3 note.>> That 
funds appropriated under the Special Diabetes Program for Indians (42 
U.S.C. 254c-3(c)) for fiscal year 2003 and thereafter for the purpose of 
making grants shall remain available until expended: Provided 
further, <<NOTE: 10 USC 1111 note.>> That notwithstanding any other 
provision of law, contributions authorized by 10 U.S.C. 1111 for the 
Uniformed Service of the Public Health Service shall be paid in fiscal 
year 2003 and thereafter from the Department of Health and Human 
Services' Retirement Pay and Medical Benefits for Commissioned Officers 
account without charges billed to the Indian Health Service: Provided 
further, That <<NOTE: 10 USC 1116 note.>> heretofore and hereafter the 
provisions of 10 U.S.C. 1116 shall not apply to the Indian Health 
Service: Provided further, That funds available for the Indian Health 
Care Improvement Fund may be used, as needed, to carry out activities 
typically funded under the Indian Health Facilities account: Provided 
further, That of the amounts provided for Indian Health Services, 
$15,000,000 is provided to the Alaska Federation of Natives for alcohol 
control, prevention, treatment,

[[Page 117 STAT. 262]]

sobriety and wellness, of which at least $100,000 shall be available for 
an independent third party to conduct an evaluation of the program and 
$5,000,000 shall be available to the Alaska Native Tribal Health 
Consortium for substance abuse and behavioral health counselors through 
the Counselor in Every Village Program: Provided further, That no more 
than 10 percent may be used by any entity receiving funding for 
administrative overhead including indirect costs: Provided further, That 
prior to the release of funds to a regional Native non-profit entity, it 
must enter into an agreement with the regional Native health corporation 
on allocation of resources to avoid duplication of effort and to foster 
cooperation.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment of 
health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the Act 
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, 
and the Indian Health Care Improvement Act, and for expenses necessary 
to carry out such Acts and titles II and III of the Public Health 
Service Act with respect to environmental health and facilities support 
activities of the Indian Health Service, $376,190,000, to remain 
available until expended: Provided, That notwithstanding any other 
provision of law, funds appropriated for the planning, design, 
construction or renovation of health facilities for the benefit of an 
Indian tribe or tribes may be used to purchase land for sites to 
construct, improve, or enlarge health or related facilities: Provided 
further, That from the funds appropriated herein, $5,000,000 shall be 
designated by the Indian Health Service as a contribution to the Yukon-
Kuskokwim Health Corporation (YKHC) to continue a priority project for 
the acquisition of land, planning, design and construction of 79 staff 
quarters in the Bethel service area, pursuant to the negotiated project 
agreement between the YKHC and the Indian Health Service: Provided 
further, That this project shall not be subject to the construction 
provisions of the Indian Self-Determination and Education Assistance Act 
and shall be removed from the Indian Health Service priority list upon 
completion: Provided further, That the Federal Government shall not be 
liable for any property damages or other construction claims that may 
arise from YKHC undertaking this project: Provided further, That the 
land shall be owned or leased by the YKHC and title to quarters shall 
remain vested with the YKHC: Provided further, That not to exceed 
$500,000 shall be used by the Indian Health Service to purchase TRANSAM 
equipment from the Department of Defense for distribution to the Indian 
Health Service and tribal facilities: Provided further, That none of the 
funds appropriated to the Indian Health Service may be used for 
sanitation facilities construction for new homes funded with grants by 
the housing programs of the United States Department of Housing and 
Urban Development: Provided further, That not to exceed $1,000,000 from 
this account and the ``Indian Health Services'' account shall be used by 
the Indian Health Service to obtain ambulances for the Indian Health 
Service and tribal facilities in conjunction with an existing 
interagency agreement between

[[Page 117 STAT. 263]]

the Indian Health Service and the General Services Administration: 
Provided further, That not to exceed $500,000 shall be placed in a 
Demolition Fund, available until expended, to be used by the Indian 
Health Service for demolition of Federal buildings: Provided further, 
That notwithstanding the provisions of title III, section 306, of the 
Indian Health Care Improvement Act (Public Law 94-437, as amended), 
construction contracts authorized under title I of the Indian Self-
Determination and Education Assistance Act of 1975, as amended, may be 
used rather than grants to fund small ambulatory facility construction 
projects: Provided further, That if a contract is used, the IHS is 
authorized to improve municipal, private, or tribal lands, and that at 
no time, during construction or after completion of the project will the 
Federal Government have any rights or title to any real or personal 
property acquired as a part of the contract: Provided further, That 
notwithstanding any other provision of law or regulation, for purposes 
of acquiring sites for a new clinic and staff quarters in St. Paul 
Island, Alaska, the Secretary of Health and Human Services may accept 
land donated by the Tanadgusix Corporation.

            administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances therefor as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings which are concerned with the functions or activities for which 
the appropriation is made or which will contribute to improved conduct, 
supervision, or management of those functions or activities.
    In accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the 
account of the facility providing the service and shall be available 
without fiscal year limitation. Notwithstanding any other law or 
regulation, funds transferred from the Department of Housing and Urban 
Development to the Indian Health Service shall be administered under 
Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law 
93-638, as amended.
    Funds appropriated to the Indian Health Service in this Act, except 
those used for administrative and program direction purposes, shall not 
be subject to limitations directed at curtailing Federal travel and 
transportation.
    Notwithstanding any other provision of law, funds previously or 
herein made available to a tribe or tribal organization through a 
contract, grant, or agreement authorized by title I or title III of the 
Indian Self-Determination and Education Assistance Act of 1975 (25 
U.S.C. 450), may be deobligated and reobligated to a self-determination 
contract under title I, or a self-governance

[[Page 117 STAT. 264]]

agreement under title III of such Act and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation.
    None of the funds made available to the Indian Health Service in 
this Act shall be used to implement the final rule published in the 
Federal Register on September 16, 1987, by the Department of Health and 
Human Services, relating to the eligibility for the health care services 
of the Indian Health Service until the Indian Health Service has 
submitted a budget request reflecting the increased costs associated 
with the proposed final rule, and such request has been included in an 
appropriations Act and enacted into law.
    Funds made available in this Act are to be apportioned to the Indian 
Health Service as appropriated in this Act, and accounted for in the 
appropriation structure set forth in this Act.
    With respect to functions transferred by the Indian Health Service 
to tribes or tribal organizations, the Indian Health Service is 
authorized to provide goods and services to those entities, on a 
reimbursable basis, including payment in advance with subsequent 
adjustment. The reimbursements received therefrom, along with the funds 
received from those entities pursuant to the Indian Self-Determination 
Act, may be credited to the same or subsequent appropriation account 
which provided the funding. Such amounts shall remain available until 
expended.
    Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance.
    The appropriation structure for the Indian Health Service may not be 
altered without advance approval of the House and Senate Committees on 
Appropriations.

                         OTHER RELATED AGENCIES

               Office of Navajo and Hopi Indian Relocation

                          salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $14,491,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible individuals 
and groups including evictees from District 6, Hopi-partitioned lands 
residents, those in significantly substandard housing, and all others 
certified as eligible and not included in the preceding categories: 
Provided further, That none of the funds contained in this or any other 
Act may be used by the Office of Navajo and Hopi Indian Relocation to 
evict any single Navajo or Navajo family who, as of November 30, 1985, 
was physically domiciled on the lands partitioned to the Hopi Tribe 
unless a new or replacement home is provided for such household: 
Provided further, That no relocatee will be provided with more than one 
new or replacement home: Provided further, That the Office shall 
relocate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation or selected a 
replacement residence off the Navajo reservation or on the land acquired 
pursuant to 25 U.S.C. 640d-10.

[[Page 117 STAT. 265]]

    Institute of American Indian and Alaska Native Culture and Arts 
                               Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $5,490,000, of which 
$1,000,000 shall remain available until expended for construction of the 
Library Technology Center.

                         Smithsonian Institution

                          salaries and expenses

                         (including rescission)

    For necessary expenses of the Smithsonian Institution, as authorized 
by law, including research in the fields of art, science, and history; 
development, preservation, and documentation of the National 
Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed 30 years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; up to five replacement passenger vehicles; purchase, 
rental, repair, and cleaning of uniforms for employees, $463,205,000, of 
which not to exceed $53,634,000 for the instrumentation program, 
collections acquisition, exhibition reinstallation, security 
improvements, the National Museum of the American Indian, and the 
repatriation of skeletal remains program shall remain available until 
expended, and including such funds as may be necessary to support 
American overseas research centers and a total of $125,000 for the 
Council of American Overseas Research Centers: Provided, That funds 
appropriated herein are available for advance payments to independent 
contractors performing research services or participating in official 
Smithsonian presentations: Provided further, That the Smithsonian 
Institution may expend Federal appropriations designated in this Act for 
lease or rent payments for long term and swing space, as rent payable to 
the Smithsonian Institution, and such rent payments may be deposited 
into the general trust funds of the Institution to the extent that 
federally supported activities are housed in the 900 H Street, N.W. 
building in the District of Columbia: Provided further, That this use of 
Federal appropriations shall not be construed as debt service, a Federal 
guarantee of, a transfer of risk to, or an obligation of, the Federal 
Government: Provided further, That no appropriated funds may be used to 
service debt which is incurred to finance the costs of acquiring the 900 
H Street building or of planning, designing, and constructing 
improvements to such building: Provided further, That from unobligated 
balances of prior year appropriations, an amount of $14,100,000 is 
rescinded.

            repair, restoration and alteration of facilities

    For necessary expenses of maintenance, repair, restoration, and 
alteration of facilities owned or occupied by the Smithsonian 
Institution, including necessary personnel, by contract or otherwise,

[[Page 117 STAT. 266]]

as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), 
$83,425,000, to remain available until expended, of which $18,875,000 is 
provided for maintenance, repair, rehabilitation and alteration of 
facilities at the National Zoological Park, and of which not to exceed 
$10,000 is for services as authorized by 5 U.S.C. 3109: Provided, That 
contracts awarded for environmental systems, protection systems, and 
repair or restoration of facilities of the Smithsonian Institution may 
be negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price: Provided further, That 
notwithstanding any other provision of law, a single procurement 
contract for the repair and renovation of the Patent Office Building may 
be issued which includes the full scope of the project: Provided 
further, That the solicitation of the contract and the contract shall 
contain the clause ``availability of funds'' found at 48 CFR 52.232-18.

                              construction

    For necessary expenses for construction of the National Museum of 
the American Indian, including necessary personnel, $16,000,000, to 
remain available until expended.

           administrative provisions, smithsonian institution

    None of the funds in this or any other Act may be used to make any 
changes to the existing Smithsonian science programs including closure 
of facilities, relocation of staff or redirection of functions and 
programs without approval from the Board of Regents of recommendations 
received from the Science Commission.
    None of the funds in this or any other Act may be used to initiate 
the design for any proposed expansion of current space or new facility 
without consultation with the House and Senate Appropriations 
Committees.
    None of the funds in this or any other Act may be used for the Holt 
House located at the National Zoological Park in Washington, D.C., 
unless identified as repairs to minimize water damage, monitor structure 
movement, or provide interim structural support.
    None of the funds available to the Smithsonian may be reprogrammed 
without the advance written approval of the House and Senate Committees 
on Appropriations in accordance with the procedures contained in House 
Report No. 105-163.

                         National Gallery of Art

                          salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in advance when authorized by the 
treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances

[[Page 117 STAT. 267]]

therefor, for other employees as authorized by law (5 U.S.C. 5901-5902); 
purchase or rental of devices and services for protecting buildings and 
contents thereof, and maintenance, alteration, improvement, and repair 
of buildings, approaches, and grounds; and purchase of services for 
restoration and repair of works of art for the National Gallery of Art 
by contracts made, without advertising, with individuals, firms, or 
organizations at such rates or prices and under such terms and 
conditions as the Gallery may deem proper, $77,219,000, of which not to 
exceed $3,026,000 for the special exhibition program shall remain 
available until expended.

             repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $16,230,000, to 
remain available until expended: Provided, That contracts awarded for 
environmental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may be negotiated 
with selected contractors and awarded on the basis of contractor 
qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $16,310,000.

                              construction

    For necessary expenses for capital repair and restoration of the 
existing features of the building and site of the John F. Kennedy Center 
for the Performing Arts, $17,600,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                          salaries and expenses

    For expenses necessary in carrying out the provisions of the Woodrow 
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger 
vehicles and services as authorized by 5 U.S.C. 3109, $8,488,000.

           National Foundation on the Arts and the Humanities

                     National Endowment for the Arts

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $116,489,000, shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts through assistance to organizations 
and individuals pursuant to sections 5(c) and 5(g) of the Act, including 
$17,000,000 for support

[[Page 117 STAT. 268]]

of arts education and public outreach activities through the Challenge 
America program, for program support, and for administering the 
functions of the Act, to remain available until expended: Provided, That 
funds previously appropriated to the National Endowment for the Arts 
``Matching Grants'' account and ``Challenge America'' account may be 
transferred to and merged with this account.

                  National Endowment for the Humanities

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $109,632,000, shall be 
available to the National Endowment for the Humanities for support of 
activities in the humanities, pursuant to section 7(c) of the Act, and 
for administering the functions of the Act, to remain available until 
expended.

                             matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$16,122,000, to remain available until expended, of which $10,436,000 
shall be available to the National Endowment for the Humanities for the 
purposes of section 7(h): Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the chairman or by grantees of the Endowment under 
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the 
current and preceding fiscal years for which equal amounts have not 
previously been appropriated.

                        Administrative Provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913: Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses: Provided further, That funds from 
nonappropriated sources may be used as necessary for official reception 
and representation expenses: Provided further, That the Chairperson of 
the National Endowment for the Arts may approve grants up to $10,000, if 
in the aggregate this amount does not exceed 5 percent of the sums 
appropriated for grant making purposes per year: Provided further, That 
such small grant actions are taken pursuant to the terms of an expressed 
and direct delegation of authority from the National Council on the Arts 
to the Chairperson.

                         Commission of Fine Arts

                          salaries and expenses

    For expenses made necessary by the Act establishing a Commission of 
Fine Arts (40 U.S.C. 104), $1,224,000: Provided, That the Commission is 
authorized to charge fees to cover the full costs

[[Page 117 STAT. 269]]

of its publications, and such fees shall be credited to this account as 
an offsetting collection, to remain available until expended without 
further appropriation.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 
956(a)), as amended, $7,000,000.

                        administrative provision

    None of the funds appropriated in this or any other Act, except 
funds appropriated to the Office of Management and Budget, shall be 
available to study the alteration or transfer of the National Capital 
Arts and Cultural Affairs program.

                Advisory Council on Historic Preservation

                          salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $3,667,000: Provided, That 
none of these funds shall be available for compensation of level V of 
the Executive Schedule or higher positions.

                  National Capital Planning Commission

                          salaries and expenses

    For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $7,253,000: Provided, That all appointed 
members of the Commission will be compensated at a rate not to exceed 
the daily equivalent of the annual rate of pay for positions at level IV 
of the Executive Schedule for each day such member is engaged in the 
actual performance of duties.

                 United States Holocaust Memorial Museum

                        holocaust memorial museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $38,663,000, of which 
$1,900,000 for the museum's repair and rehabilitation program and 
$1,264,000 for the museum's exhibitions program shall remain available 
until expended.

                             Presidio Trust

                           presidio trust fund

    For necessary expenses to carry out title I of the Omnibus Parks and 
Public Lands Management Act of 1996, $21,327,000 shall be available to 
the Presidio Trust, to remain available until expended.

[[Page 117 STAT. 270]]

                      TITLE III--GENERAL PROVISIONS

    Sec. 301. <<NOTE: Contracts. Public information.>> The expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to 
those contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order issued pursuant to 
existing law.

    Sec. 302. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or opposition 
to any legislative proposal on which congressional action is not 
complete.
    Sec. 303. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 304. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of such 
department or agency except as otherwise provided by law.
    Sec. 305. No assessments may be levied against any program, budget 
activity, subactivity, or project funded by this Act unless advance 
notice of such assessments and the basis therefor are presented to the 
Committees on Appropriations and are approved by such committees.
    Sec. 306. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant sequoia 
(Sequoiadendron giganteum) which are located on National Forest System 
or Bureau of Land Management lands in a manner different than such sales 
were conducted in fiscal year 2002.
    Sec. 307. (a) Limitation of Funds.--None of the funds appropriated 
or otherwise made available pursuant to this Act shall be obligated or 
expended to accept or process applications for a patent for any mining 
or mill site claim located under the general mining laws.
    (b) Exceptions.--The provisions of subsection (a) shall not apply if 
the Secretary of the Interior determines that, for the claim concerned: 
(1) a patent application was filed with the Secretary on or before 
September 30, 1994; and (2) all requirements established under sections 
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or 
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised 
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case 
may be, were fully complied with by the applicant by that date.
    (c) Report.--On <<NOTE: Deadline.>> September 30, 2003, the 
Secretary of the Interior shall file with the House and Senate 
Committees on Appropriations and the Committee on Resources of the House 
of Representatives and the Committee on Energy and Natural Resources of 
the Senate a report on actions taken by the Department under the plan 
submitted pursuant to section 314(c) of the Department of the Interior 
and Related Agencies Appropriations Act, 1997 (Public Law 104-208).

    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request

[[Page 117 STAT. 271]]

of a patent applicant, the Secretary of the Interior shall allow the 
applicant to fund a qualified third-party contractor to be selected by 
the Bureau of Land Management to conduct a mineral examination of the 
mining claims or mill sites contained in a patent application as set 
forth in subsection (b). The Bureau of Land Management shall have the 
sole responsibility to choose and pay the third-party contractor in 
accordance with the standard procedures employed by the Bureau of Land 
Management in the retention of third-party contractors.
    Sec. 308. Notwithstanding any other provision of law, amounts 
appropriated to or earmarked in committee reports for the Bureau of 
Indian Affairs and the Indian Health Service by Public Laws 103-138, 
103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, and 107-63 
for payments to tribes and tribal organizations for contract support 
costs associated with self-determination or self-governance contracts, 
grants, compacts, or annual funding agreements with the Bureau of Indian 
Affairs or the Indian Health Service as funded by such Acts, are the 
total amounts available for fiscal years 1994 through 2002 for such 
purposes, except that, for the Bureau of Indian Affairs, tribes and 
tribal organizations may use their tribal priority allocations for unmet 
indirect costs of ongoing contracts, grants, self-governance compacts or 
annual funding agreements.
    Sec. 309. <<NOTE: Grants.>> Of the funds provided to the National 
Endowment for the Arts--
            (1) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or American 
        Jazz Masters Fellowship.
            (2) <<NOTE: Procedures.>> The Chairperson shall establish 
        procedures to ensure that no funding provided through a grant, 
        except a grant made to a State or local arts agency, or regional 
        group, may be used to make a grant to any other organization or 
        individual to conduct activity independent of the direct grant 
        recipient. Nothing in this subsection shall prohibit payments 
        made in exchange for goods and services.
            (3) No grant shall be used for seasonal support to