[House Report 108-10]
[From the U.S. Government Publishing Office]
108th Congress
1st Session HOUSE OF REPRESENTATIVES Report
108-10
_______________________________________________________________________
MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 2003, AND
FOR OTHER PURPOSES
__________
CONFERENCE REPORT
to accompany
H.J. Res. 2
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 13 (legislative day, February 12), 2003.--Ordered to be
printed
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-10
======================================================================
MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 2003, AND
FOR OTHER PURPOSES
_______
February 13 (legislative day, February 12), 2003.--Ordered to be
printed
_______
Mr. Young of Florida, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.J. Res. 2]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the joint
resolution (H.J. Res. 2), ``making further continuing
appropriations for the fiscal year 2003, and for other
purposes'', having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ``Consolidated
Appropriations Resolution, 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this joint resolution is as
follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2003
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS, 2003
Title I--Department of Justice
Title II--Department of Commerce and Related Agencies
Title III--The Judiciary
Title IV--Department of State and Related Agency
Title V--Related Agencies
Title VI--General Provisions
Title VII--Rescissions
DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2003
Title I--Federal Funds
Title II--District of Columbia Funds
Title III--General Provisions
DIVISION D--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS, 2003
Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS, 2003
Title I--Export and Investment Assistance
Title II--Bilateral Economic Assistance
Title III--Military Assistance
Title IV--Multilateral Economic Assistance
Title V--General Provisions
DIVISION F--INTERIOR AND RELATED AGENCIES APPROPRIATIONS, 2003
Title I--Department of the Interior
Title II--Related Agencies
Title III--General Provisions
Title IV--T'uf Shur Bien Preservation Trust Area
Title V--National Forest Organizational Camp Fee Improvement Act of 2003
DIVISION G--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS, 2003
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS, 2003
Title I--Legislative Branch Appropriations
Title II--General Provisions
DIVISION I--TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS, 2003
Title I--Department of Transportation
Title II--Related Agencies
Title III--General Provisions
DIVISION J--TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS, 2003
Title I--Department of the Treasury
Title II--Postal Service
Title III--Executive Office of the President and Funds Appropriated to
the President
Title IV--Independent Agencies
Title V--General Provisions--This Act
Title VI--General Provisions--Departments, Agencies, and Corporations
DIVISION K--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES APPROPRIATIONS, 2003
Title I--Department of Veterans Affairs
Title II--Department of Housing and Urban Development
Title III--Independent Agencies
Title IV--General Provisions
DIVISION L--HOMELAND SECURITY ACT OF 2002 AMENDMENTS
DIVISION M--DEFENSE MATTERS
DIVISION N--EMERGENCY RELIEF AND OFFSETS
Title I--Election Reform
Title II--Agricultural Assistance
Title III--Wildland Fire Emergency
Title IV--TANF and Medicare
Title V--Fisheries Disasters
Title VI--Offsets
Title VII--Bonneville Power Administration Borrowing Authority
DIVISION O--PRICE-ANDERSON ACT AMENDMENTS
DIVISION P--UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this joint resolution
shall be treated as referring only to the provisions of that
division.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2003
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 2003, and for
other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $3,412,000: Provided, That not to exceed $11,000
of this amount shall be available for official reception and
representation expenses, not otherwise provided for, as
determined by the Secretary.
Executive Operations
CHIEF ECONOMIST
For necessary expenses of the Chief Economist, including
economic analysis, risk assessment, cost-benefit analysis,
energy and new uses, and the functions of the World
Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), $8,566,000.
NATIONAL APPEALS DIVISION
For necessary expenses of the National Appeals Division,
$13,759,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $7,358,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $15,251,000.
COMMON COMPUTING ENVIRONMENT
For necessary expenses to acquire a Common Computing
Environment for the Natural Resources Conservation Service, the
Farm and Foreign Agricultural Service and Rural Development
mission areas for information technology, systems, and
services, $133,155,000, to remain available until expended, for
the capital asset acquisition of shared information technology
systems, including services as authorized by 7 U.S.C. 6915-16
and 40 U.S.C. 1421-28: Provided, That obligation of these funds
shall be consistent with the Department of Agriculture Service
Center Modernization Plan of the county-based agencies, and
shall be with the concurrence of the Department's Chief
Information Officer.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,572,000: Provided, That the Chief Financial Officer
shall actively market and expand cross-servicing activities of
the National Finance Center.
WORKING CAPITAL FUND
For the acquisition of remote mirroring backup technology
of the National Finance Center's data, $12,000,000, to remain
available until expended: Provided, That none of these funds
may be obligated until the House and Senate Committees on
Appropriations have approved a feasibility study to be
submitted by the Secretary of Agriculture: Provided further,
That if the study is not approved within 30 days of its
submission, the funds appropriated shall be available for the
authorized uses of the Working Capital Fund.
Office of the Assistant Secretary for Civil Rights
For necessary salaries and expenses of the Office of the
Assistant Secretary for Civil Rights, $400,000.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the
Assistant Secretary for Administration to carry out the
programs funded by this Act, $664,000.
Agriculture Buildings and Facilities and Rental Payments
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C. 486,
for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $196,781,000, to remain
available until expended: Provided, That the Secretary of
Agriculture may transfer a share of that agency's appropriation
made available by this Act to this appropriation, or may
transfer a share of this appropriation to that agency's
appropriation to cover the costs of new or replacement space
for such agency, but such transfers shall not exceed 5 percent
of the funds made available for space rental and related costs
to or from this account.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $15,685,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal
and non-Federal lands.
Departmental Administration
(INCLUDING TRANSFERS OF FUNDS)
For Departmental Administration, $38,095,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration and
disaster management of the Department, repairs and alterations,
and other miscellaneous supplies and expenses not otherwise
provided for and necessary for the practical and efficient work
of the Department: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for
travel expenses incident to the holding of hearings as required
by 5 U.S.C. 551-558.
Office of the Assistant Secretary for Congressional Relations
(INCLUDING TRANSFERS OF FUNDS)
For necessary salaries and expenses of the Office of the
Assistant Secretary for Congressional Relations to carry out
the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $3,821,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture funded
by this Act to maintain personnel at the agency level: Provided
further, That no other funds appropriated to the Department by
this Act shall be available to the Department for support of
activities of congressional relations.
Office of Communications
For necessary expenses to carry out services relating to
the coordination of programs involving public affairs, for the
dissemination of agricultural information, and the coordination
of information, work, and programs authorized by Congress in
the Department, $9,140,000: Provided, That not to exceed
$2,000,000 may be used for farmers' bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General, including employment pursuant to the Inspector General
Act of 1978, $74,097,000, including such sums as may be
necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978, and including not to exceed
$125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-
452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $35,017,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the
Under Secretary for Research, Education and Economics to
administer the laws enacted by the Congress for the Economic
Research Service, the National Agricultural Statistics Service,
the Agricultural Research Service, and the Cooperative State
Research, Education, and Extension Service, $588,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and
other laws, $69,123,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service in conducting statistical reporting and
service work, including crop and livestock estimates,
statistical coordination and improvements, marketing surveys,
and the Census of Agriculture, as authorized by 7 U.S.C. 1621-
1627 and 2204g, and other laws, $139,354,000, of which up to
$41,274,000 shall be available until expended for the Census of
Agriculture.
Agricultural Research Service
SALARIES AND EXPENSES
For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration
relating to production, utilization, marketing, and
distribution (not otherwise provided for); home economics or
nutrition and consumer use including the acquisition,
preservation, and dissemination of agricultural information;
and for acquisition of lands by donation,exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges where the
lands exchanged shall be of equal value or shall be equalized by a
payment of money to the grantor which shall not exceed 25 percent of
the total value of the land or interests transferred out of Federal
ownership, $1,052,770,000: Provided, That appropriations hereunder
shall be available for the operation and maintenance of aircraft and
the purchase of not to exceed one for replacement only: Provided
further, That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of buildings
and improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $375,000, except for
headhouses or greenhouses which shall each be limited to $1,200,000,
and except for 10 buildings to be constructed or improved at a cost not
to exceed $750,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained in this
Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting easements at
the Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
Provided further, That funds may be received from any State, other
political subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research project of
the Agricultural Research Service, as authorized by law.
None of the funds appropriated under this heading shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products.
In fiscal year 2003 and thereafter, the agency is
authorized to charge fees, commensurate with the fair market
value, for any permit, easement, lease, or other special use
authorization for the occupancy or use of land and facilities
(including land and facilities at the Beltsville Agricultural
Research Center) issued by the agency, as authorized by law,
and such fees shall be credited to this account, and shall
remain available until expended for authorized purposes.
BUILDINGS AND FACILITIES
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural research
programs of the Department of Agriculture, where not otherwise
provided, $119,480,000, to remain available until expended:
Provided, That, in fiscal year 2003 and thereafter, funds may
be received from any State, other political subdivision,
organization, or individual for the purpose of establishing any
research facility of the Agricultural Research Service, as
authorized by law.
Cooperative State Research, Education, and Extension Service
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $620,827,000, as follows: to carry out the
provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$180,148,000; for grants for cooperative forestry research (16
U.S.C. 582a through a-7), $21,884,000; for payments to the 1890
land-grant colleges, including Tuskegee University (7 U.S.C.
3222), $35,643,000, of which $1,507,496 shall be made available
only for the purpose of ensuring that each institution shall
receive no less than $1,000,000; for special grants for
agricultural research (7 U.S.C. 450i(c)), $112,264,000; for
special grants for agricultural research on improved pest
control (7 U.S.C. 450i(c)), $15,264,000; for competitive
research grants (7 U.S.C. 450i(b)), $167,131,000; for the
support of animal health and disease programs (7 U.S.C. 3195),
$5,098,000; for supplemental and alternative crops and products
(7 U.S.C. 3319d), $1,196,000; for grants for research pursuant
to the Critical Agricultural Materials Act (7 U.S.C. 178 et
seq.), $1,250,000, to remain available until expended; for
research grants for 1994 institutions pursuant to section 536
of Public Law 103-382 (7 U.S.C. 301 note), $1,100,000, to
remain available until expended; for higher education graduate
fellowship grants (7 U.S.C. 3152(b)(6)), $3,243,000, to remain
available until expended (7 U.S.C. 2209b); for higher education
challenge grants (7 U.S.C. 3152(b)(1)), $4,920,000; for a
higher education multicultural scholars program (7 U.S.C.
3152(b)(5)), $998,000, to remain available until expended (7
U.S.C. 2209b); for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241), $4,100,000; for
noncompetitive grants for the purpose of carrying out all
provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78)
to individual eligible institutions or consortia of eligible
institutions in Alaska and in Hawaii, with funds awarded
equally to each of the States of Alaska and Hawaii, $3,500,000;
for a secondary agriculture education program and 2-year post-
secondary education (7 U.S.C. 3152(j)), $1,000,000; for
aquaculture grants (7 U.S.C. 3322), $4,500,000; for sustainable
agriculture research and education (7 U.S.C. 5811),
$13,750,000; for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to colleges eligible to receive funds under
the Act of August 30, 1890 (7 U.S.C. 321-326 and 328),
including Tuskegee University, $11,479,000, to remain available
until expended (7 U.S.C. 2209b); for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-
382, $1,700,000; and for necessary expenses of Research and
Education Activities, $29,659,000.
None of the funds in the foregoing paragraph shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products:
Provided, That this paragraph shall not apply to research on
the medical, biotechnological, food, and industrial uses of
tobacco.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$7,100,000.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, Northern Marianas,
and American Samoa, $453,468,000, as follows: payments for
cooperative extension work under the Smith-Lever Act, to be
distributed under sections 3(b) and 3(c) of said Act, and under
section 208(c) of PublicLaw 93-471, for retirement and
employees' compensation costs for extension agents and for costs of
penalty mail for cooperative extension agents and State extension
directors, $281,218,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$3,387,000; payments for the nutrition and family education program for
low-income areas under section 3(d) of the Act, $58,566,000; payments
for the pest management program under section 3(d) of the Act,
$10,759,000; payments for the farm safety program under section 3(d) of
the Act, $5,525,000; payments to upgrade research, extension, and
teaching facilities at the 1890 land-grant colleges, including Tuskegee
University, as authorized by section 1447 of Public Law 95-113 (7
U.S.C. 3222b), $15,000,000, to remain available until expended;
payments for youth-at-risk programs under section 3(d) of the Smith-
Lever Act, $8,481,000; for youth farm safety education and
certification extension grants, to be awarded competitively under
section 3(d) of the Act, $499,000; payments for carrying out the
provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C.
1671 et seq.), $4,546,000; payments for Indian reservation agents under
section 3(d) of the Smith-Lever Act, $1,996,000; payments for
sustainable agriculture programs under section 3(d) of the Act,
$4,875,000; payments for rural health and safety education as
authorized by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)),
$2,622,000; payments for cooperative extension work by the colleges
receiving the benefits of the second Morrill Act (7 U.S.C. 321-326 and
328) and Tuskegee University, $32,117,000, of which $1,724,884 shall be
made available only for the purpose of ensuring that each institution
shall receive no less than $1,000,000; for grants to youth
organizations pursuant to section 7630 of title 7, United States Code,
$3,000,000; and for necessary expenses of extension activities,
$20,877,000.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension
competitive grants programs, including necessary administrative
expenses, as authorized under section 406 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7626), $46,743,000, as follows: payments for the water quality
program, $12,971,000; payments for the food safety program,
$14,967,000; payments for the regional pest management centers
program, $4,531,000; payments for the Food Quality Protection
Act risk mitigation program for major food crop systems,
$4,889,000; payments for the crops affected by Food Quality
Protection Act implementation, $1,497,000; payments for the
methyl bromide transition program, $3,250,000; payments for the
organic transition program, $2,125,000; payments for the
international science and education grants program under 7
U.S.C. 3291, to remain available until expended, $500,000;
payments for the critical issues program under 7 U.S.C.
450i(c): Provided, That of the funds made available under this
heading, $500,000 shall be for payments for the critical issues
program under 7 U.S.C. 450i(c) and $1,513,000 shall be for
payments for the regional rural development centers program
under 7 U.S.C. 450i(c).
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
For grants and contracts pursuant to section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279), $3,493,000, to remain available until expended.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the
Under Secretary for Marketing and Regulatory Programs to
administer programs under the laws enacted by the Congress for
the Animal and Plant Health Inspection Service; the
Agricultural Marketing Service; and the Grain Inspection,
Packers and Stockyards Administration; $730,000.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For expenses, not otherwise provided for, necessary to
prevent, control, and eradicate pests and plant and animal
diseases; to carry out inspection, quarantine, and regulatory
activities; and to protect the environment, as authorized by
law, $725,502,000, of which $4,103,000 shall be available for
the control of outbreaks of insects, plant diseases, animal
diseases and for control of pest animals and birds to the
extent necessary to meet emergency conditions; of which
$62,000,000 shall be used for the boll weevil eradication
program for cost share purposes or for debt retirement for
active eradication zones: Provided, That no funds shall be used
to formulate or administer a brucellosis eradication program
for the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the
operation and maintenance of aircraft and the purchase of not
to exceed four, of which two shall be for replacement only:
Provided further, That, in addition, in emergencies which
threaten any segment of the agricultural production industry of
this country, the Secretary may transfer from other
appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in
accordance with sections 10411 and 10417 of the Animal Health
Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and
442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with such
transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250)
for the repair and alteration of leased buildings and
improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
In fiscal year 2003, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance,
goods, or services provided to the entity by the agency, and
such fees shall be credited to this account, to remain
availableuntil expended, without further appropriation, for
providing such assistance, goods, or services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7
U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C.
428a, $9,989,000, to remain available until expended.
Agricultural Marketing Service
MARKETING SERVICES
For necessary expenses to carry out services related to
consumer protection, agricultural marketing and distribution,
transportation, and regulatory programs, as authorized by law,
and for administration and coordination of payments to States,
$75,702,000, including funds for the wholesale market
development program for the design and development of wholesale
and farmer market facilities for the major metropolitan areas
of the country: Provided, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $61,619,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of
Commerce as authorized by the Fish and Wildlife Act of August
8, 1956; (2) transfers otherwise provided in this Act; and (3)
not more than $14,910,000 for formulation and administration of
marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,347,000.
Grain Inspection, Packers and Stockyards Administration
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of
the Packers and Stockyards Act, for certifying procedures used
to protect purchasers of farm products, and the standardization
activities related to grain under the Agricultural Marketing
Act of 1946, $39,950,000, of which $4,500,000, to remain
available until expended, shall be for a packer concentration
study: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of
the current replacement value of the building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $42,463,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the
Under Secretary for Food Safety to administer the laws enacted
by the Congress for the Food Safety and Inspection Service,
$603,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act, including
not to exceed $50,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3,
1956 (7 U.S.C. 1766), $759,759,000, of which no less than
$649,082,000 shall be available for Federal food safety
inspection; and of which $5,000,000 shall be for enhanced
inspection activities, to remain available through September
30, 2004; and in addition, $1,000,000 may be credited to this
account from fees collected for the cost of laboratory
accreditation as authorized by section 1327 of the Food,
Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
138f): Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of
the current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the
Under Secretary for Farm and Foreign Agricultural Services to
administer the laws enacted by Congress for the Farm Service
Agency, the Foreign Agricultural Service, the Risk Management
Agency, and the Commodity Credit Corporation, $622,000.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm Service
Agency, $976,738,000: Provided, That the Secretary of
Agriculture is authorized to use the services, facilities, and
authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds
made available to the Agency for authorized activities may be
advanced to and merged with this account.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987 (7 U.S.C. 5102(b)), $4,000,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, $100,000, to remain available
until expended: Provided, That such program is carried out by
the Secretary in the same manner as the dairy indemnity program
described in Public Law 106-387 (114 Stat. 1549A-12).
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land
acquisition loans (25 U.S.C. 488), and boll weevil loans (7
U.S.C. 1989), to be available from funds in the Agricultural
Credit Insurance Fund, as follows: farm ownership loans,
$1,130,000,000, of which $1,000,000,000 shall be for guaranteed
loans and $130,000,000 shall be for direct loans; operating
loans, $2,705,000,000, of which $1,700,000,000 shall be for
unsubsidized guaranteed loans, $400,000,000 shall be for
subsidized guaranteed loans and $605,000,000 shall be for
direct loans; Indian tribe land acquisition loans, $2,000,000;
and for boll weevil eradication program loans, $100,000,000.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership
loans, $22,593,000, of which $7,500,000 shall be for guaranteed
loans, and $15,093,000 shall be for direct loans; operating
loans, $205,513,000, of which $53,890,000 shall be for
unsubsidized guaranteed loans, $47,200,000 shall be for
subsidized guaranteed loans, and $104,423,000 shall be for
direct loans; and Indian tribe land acquisition loans,
$179,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $287,176,000, of
which $279,176,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership and operating
direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by
section 226A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6933), $70,708,000: Provided, That not to
exceed $700 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation
or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
For fiscal year 2003, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11).
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For fiscal year 2003, the Commodity Credit Corporation
shall not expend more than $5,000,000 for site investigation
and cleanup expenses, and operations and maintenance expenses
to comply with the requirement of section 107(g) of the
Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. 9607(g), and section 6001 of the
Resource Conservation and Recovery Act, 42 U.S.C. 6961.
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the
Under Secretary for Natural Resources and Environment to
administer the laws enacted by the Congress for the Forest
Service and the Natural Resources Conservation Service,
$750,000.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of measures
to conserve soil and water (including farm irrigation and land
drainage and such special measures for soil and water
management as may be necessary to prevent floods and the
siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of
information; acquisition of lands, water, and interests therein
for use in the plant materials program by donation, exchange,
or purchase at a nominal cost not to exceed $100 pursuant to
the Act of August 3, 1956 (7 U.S.C. 428a); purchase and
erection or alteration or improvement of permanent and
temporary buildings; and operation and maintenance of aircraft,
$825,004,000, to remain available until expended, of which not
less than $9,162,000 is for snow survey and water forecasting,
and not less than $10,701,000 is for operation and
establishment of the plant materials centers, and of which not
less than $23,500,000 shall be for the grazing lands
conservation initiative: Provided, That appropriations
hereunder shall be available pursuant to 7U.S.C. 2250 for
construction and improvement of buildings and public improvements at
plant materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements shall not
exceed $250,000: Provided further, That when buildings or other
structures are erected on non-Federal land, that the right to use such
land is obtained as provided in 7 U.S.C. 2250a: Provided further, That
this appropriation shall be available for technical assistance and
related expenses to carry out programs authorized by section 202(c) of
title II of the Colorado River Basin Salinity Control Act of 1974 (43
U.S.C. 1592(c)): Provided further, That qualified local engineers may
be temporarily employed at per diem rates to perform the technical
planning work of the Service: Provided further, That none of the funds
made available under this paragraph by this or any other appropriations
Act may be used to provide technical assistance with respect to
programs listed in section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)).
WATERSHED SURVEYS AND PLANNING
For necessary expenses to conduct research, investigation,
and surveys of watersheds of rivers and other waterways, and
for small watershed investigations and planning, in accordance
with the Watershed Protection and Flood Prevention Act (16
U.S.C. 1001-1009), $11,197,000.
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to research, engineering operations,
methods of cultivation, the growing of vegetation,
rehabilitation of existing works and changes in use of land, in
accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001-1005 and 1007-1009), the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a-f), and in accordance
with the provisions of laws relating to the activities of the
Department, $110,000,000, to remain available until expended
(of which up to $15,000,000 may be available for the watersheds
authorized under the Flood Control Act (33 U.S.C. 701 and 16
U.S.C. 1006a)): Provided, That not to exceed $45,514,000 of
this appropriation shall be available for technical assistance:
Provided further, That not to exceed $1,000,000 of this
appropriation is available to carry out the purposes of the
Endangered Species Act of 1973 (Public Law 93-205), including
cooperative efforts as contemplated by that Act to relocate
endangered or threatened species to other suitable habitats as
may be necessary to expedite project construction.
WATERSHED REHABILITATION PROGRAM
For necessary expenses to carry out rehabilitation of
structural measures, in accordance with section 14 of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012),
and in accordance with the provisions of laws relating to the
activities of the Department, $30,000,000, to remain available
until expended.
RESOURCE CONSERVATION AND DEVELOPMENT
For necessary expenses in planning and carrying out
projects for resource conservation and development and for
sound land use pursuant to the provisions of sections 31 and 32
of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011; 76
Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f); and
subtitle H of title XV of the Agriculture and Food Act of 1981
(16 U.S.C. 3451-3461), $51,000,000, to remain available until
expended.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the
Under Secretary for Rural Development to administer programs
under the laws enacted by the Congress for the Rural Housing
Service, the Rural Business-Cooperative Service, and the Rural
Utilities Service of the Department of Agriculture, $640,000.
RURAL COMMUNITY ADVANCEMENT PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants,
as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932,
except for sections 381E-H and 381N of the Consolidated Farm
and Rural Development Act, $907,737,000, to remain available
until expended, of which $96,800,000 shall be for rural
community programs described in section 381E(d)(1) of such Act;
of which $723,217,000 shall be for the rural utilities programs
described in sections 381E(d)(2), 306C(a)(2), and 306D of such
Act; and of which $87,720,000 shall be for the rural business
and cooperative development programs described in sections
381E(d)(3) and 310B(f) of such Act: Provided, That of the total
amount appropriated in this account, $24,000,000 shall be for
loans and grants to benefit Federally Recognized Native
American Tribes, including grants for drinking water and waste
disposal systems pursuant to section 306C of such Act, of which
$4,000,000 shall be available for community facilities grants
to tribal colleges, as authorized by section 306(a)(19) of the
Consolidated Farm and Rural Development Act, and of which
$250,000 shall be available for a grant to a qualified national
organization to provide technical assistance for rural
transportation in order to promote economic development:
Provided further, That of the amount appropriated for rural
community programs, $7,000,000 shall be available for a Rural
Community Development Initiative: Provided further, That such
funds shall be used solely to develop the capacity and ability
of private, nonprofit community-based housing and community
development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake
projects to improve housing, community facilities, community
and economic development projects in rural areas: Provided
further, That of the amount appropriated for the Rural
Community Development Initiative, not less than $1,000,000
shall be available until expended to carry out a demonstration
program on Replicating and Creating Rural Cooperative Home
Based Health Care: Provided further, That of the $1,000,000
made available, not less than $200,000 shall be in the form of
predevelopment planning grants, not to exceed $50,000 each,
with the balance for low-interest revolving loans to be used
for capital and other related expenses, and made available to
nonprofit based community development organizations: Provided
further, That such organizations should demonstrate experience
in the administration of revolving loan programs and providing
technical assistance to cooperatives: Provided further, That
such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to
carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall
provide matching funds from other sources, including Federal
funds for related activities, in an amount not less than funds
provided: Provided further, That of the amount appropriated for
the rural business and cooperative development programs, not to
exceed $500,000 shall be made available for a grant to a
qualified national organization to provide technical assistance
for rural transportation in order to promote economic
development; and $2,000,000 shall be for grants to the Delta
Regional Authority (7 U.S.C. 1921 et seq.): Provided further,
That of the amount appropriated for rural utilities programs,
not to exceed $25,000,000 shall be for water and waste disposal
systems to benefit the Colonias along the United States/Mexico
border, including grants pursuant to section 306C of such Act;
not to exceed $30,000,000 shall be for water and waste disposal
systems for rural and native villages in Alaska pursuant to
section 306D of such Act, with up to 1 percent available to
administer the program and up to 1 percent available to improve
interagency coordination may be transferred to and merged with
the appropriation for ``Rural Development, Salaries and
Expenses''; not to exceed $18,333,000 shall be for technical
assistance grants for rural water and waste systems pursuant to
section 306(a)(14) of such Act, of which $5,513,000 shall be
for Rural Community Assistance Programs; not to exceed
$1,000,000 shall be in the form of predevelopmentplanning
grants, not to exceed $50,000 each; and not to exceed $12,100,000 shall
be for contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water systems:
Provided further, That of the total amount appropriated, not to exceed
$37,624,000 shall be available through June 30, 2003, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones; of which $1,163,000 shall be for the rural community programs
described in section 381E(d)(1) of such Act, of which $27,431,000 shall
be for the rural utilities programs described in section 381E(d)(2) of
such Act, and of which $9,030,000 shall be for the rural business and
cooperative development programs described in section 381E(d)(3) of
such Act: Provided further, That of the amount appropriated for rural
community programs, not to exceed $25,000,000 shall be to provide
grants for facilities in rural communities with extreme unemployment
and severe economic depression (Public Law 106-387), with 5 percent for
administration and capacity building in the State rural development
offices: Provided further, That of the amount appropriated, $30,000,000
shall be transferred to and merged with the ``Rural Utilities Service,
High Energy Cost Grants Account'' to provide grants authorized under
section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a):
Provided further, That any remaining funds specifically appropriated in
fiscal year 2002 for rural communities with extremely high energy costs
under the Rural Community Advancement Program shall be merged and
transferred into the Account: Provided further, That any funds in the
Account shall be used to provide grants authorized under section 19 of
that Act.
Rural Development Salaries and Expenses
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development mission
area, including activities with institutions concerning the
development and operation of agricultural cooperatives; and for
cooperative agreements; $145,736,000: Provided, That not more
than $10,000 may be expended to provide modest nonmonetary
awards to non-USDA employees: Provided further, That any
balances available from prior years for the Rural Utilities
Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be
transferred to and merged with this appropriation.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $5,572,000,000 for loans to section
502 borrowers, as determined by the Secretary, of which
$1,044,000,000 shall be for direct loans, and of which
$4,528,000,000 shall be for unsubsidized guaranteed loans;
$35,000,000 for section 504 housing repair loans; $115,805,000
for section 515 rental housing; $100,000,000 for section 538
guaranteed multi-family housing loans; $5,046,000 for section
524 site loans; $12,000,000 for credit sales of acquired
property, of which up to $2,000,000 may be for multi-family
credit sales; and $5,011,000 for section 523 self-help housing
land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $234,950,000, of which $202,350,000 shall be for direct
loans, and of which $32,600,000, to remain available until
expended, shall be for unsubsidized guaranteed loans; section
504 housing repair loans, $10,857,000; section 515 rental
housing, $54,000,000; section 538 multi-family housing
guaranteed loans, $4,500,000; section 524 site loans, $55,000;
multi-family credit sales of acquired property, $934,000; and
section 523 self-help housing land development loans, $221,000:
Provided, That of the total amount appropriated in this
paragraph, $11,656,000 shall be available through June 30,
2003, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $432,374,000,
which shall be transferred to and merged with the appropriation
for ``Rural Development, Salaries and Expenses''.
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of
the Housing Act of 1949, $726,000,000; and, in addition, such
sums as may be necessary, as authorized by section 521(c) of
the Act, to liquidate debt incurred prior to fiscal year 1992
to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That of this amount, not more
than $5,900,000 shall be available for debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Act, and not to exceed $20,000 per project
for advances to nonprofit organizations or public agencies to
cover direct costs (other than purchase price) incurred in
purchasing projects pursuant to section 502(c)(5)(C) of the
Act: Provided further, That agreements entered into or renewed
during fiscal year 2003 shall be funded for a 5-year period,
although the life of any such agreement may be extended to
fully utilize amounts obligated.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $35,000,000, to
remain available until expended: Provided, That of the total
amount appropriated, $1,000,000 shall be available through June
30, 2003, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
RURAL HOUSING ASSISTANCE GRANTS
For grants and contracts for very low-income housing
repair, supervisory and technical assistance, compensation for
construction defects, and rural housing preservationmade by the
Rural Housing Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e,
and 1490m, $42,498,000, to remain available until expended: Provided,
That of the total amount appropriated, $1,200,000 shall be available
through June 30, 2003, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of Agriculture
as Rural Economic Area Partnership Zones.
FARM LABOR PROGRAM ACCOUNT
For the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $36,307,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts.
Rural Business--Cooperative Service
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$40,000,000.
For the cost of direct loans, $19,304,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,724,000 shall be available through June 30, 2003, for
Federally Recognized Native American Tribes and of which
$3,449,000 shall be available through June 30, 2003, for
Mississippi Delta Region counties (as defined by Public Law
100-460): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That of the
total amount appropriated, $2,730,000 shall be available
through June 30, 2003, for the cost of direct loans for
authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the
direct loan programs, $4,190,000 shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $14,967,000.
For the cost of direct loans, including the cost of
modifying loans as defined in section 502 of the Congressional
Budget Act of 1974, $3,197,000.
Of the funds derived from interest on the cushion of credit
payments in fiscal year 2003, as authorized by section 313 of
the Rural Electrification Act of 1936, $3,197,000 shall not be
obligated and $3,197,000 are rescinded.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $9,000,000, of which $2,500,000 shall be
for cooperative agreements for the appropriate technology
transfer for rural areas program: Provided, That not to exceed
$1,500,000 of the total amount appropriated shall be made
available to cooperatives or associations of cooperatives whose
primary focus is to provide assistance to small, minority
producers and whose governing board and/or membership is
comprised of at least 75 percent minority.
RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS
For grants in connection with a second round of empowerment
zones and enterprise communities, $14,967,000, to remain
available until expended, for designated rural empowerment
zones and rural enterprise communities, as authorized by the
Taxpayer Relief Act of 1997 and the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law
105-277).
Rural Utilities Service
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Insured loans pursuant to the authority of section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be
made as follows: 5 percent rural electrification loans,
$121,103,000; municipal rate rural electric loans,
$100,000,000; loans made pursuant to section 306 of that Act,
rural electric, $2,600,000,000; Treasury rate direct electric
loans, $1,150,000,000; 5 percent rural telecommunications
loans, $75,029,000; cost of money rural telecommunications
loans, $300,000,000; loans made pursuant to section 306 of that
Act, rural telecommunications loans, $120,000,000; and for
guaranteed underwriting loans pursuant to section 313A,
$1,000,000,000.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct and guaranteed loans authorized by
the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936),
as follows: cost of rural electric loans, $11,025,000, and the
cost of telecommunication loans, $1,433,000: Provided, That
notwithstanding section 305(d)(2) of the Rural Electrification
Act of 1936, borrower interest rates may exceed 7 percent per
year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $37,833,000 which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
RURAL TELEPHONE BANK PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such
corporation in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out its authorized
programs. During fiscal year 2003 and within the resources and
authority available, gross obligations for the principal amount
of direct loans shall be $174,615,000.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct loans authorized by the Rural
Electrification Act of 1936 (7 U.S.C. 935), $2,410,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,082,000, which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
DISTANCE LEARNING AND TELEMEDICINE PROGRAM
For the principal amount of direct distance learning and
telemedicine loans, $300,000,000; and for the principal amount
of broadband telecommunication loans, $80,000,000.
For the cost of direct loans and grants, as authorized by 7
U.S.C. 950aaa et seq., $56,941,000, to remain available until
expended, to be available for loans and grants for telemedicine
and distance learning services in rural areas: Provided, That
$10,000,000 may be available for grants to finance broadband
transmission and local dial-up Internet service in areas that
meet the definition of ``rural area'' used for the Distance
Learning and Telemedicine Program authorized by 7 U.S.C.
950aaa: Provided further, That the cost of direct loans shall
be as defined in section 502 of the Congressional Budget Act of
1974.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the
Under Secretary for Food, Nutrition and Consumer Services to
administer the laws enacted by the Congress for the Food and
Nutrition Service, $603,000.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the National School
Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except
sections 17 and 21; $10,580,169,000, to remain available
through September 30, 2004, of which $5,834,506,000 is hereby
appropriated and $4,745,663,000 shall be derived by transfer
from funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c): Provided, That none of the funds made
available under this heading shall be used for studies and
evaluations: Provided further, That of the funds made available
under this heading, $3,300,000 shall be for a School Breakfast
Program startup grant pilot program, of which no less than
$1,000,000 is for the State of Wisconsin: Provided further,
That $200,000 shall be for the Common Roots Program: Provided
further, That $500,000 shall be for the Child Nutrition Archive
Resource Center: Provided further, That up to $5,080,000 shall
be for independent verification of school food service claims.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$4,696,000,000, to remain available through September 30, 2004,
of which $125,000,000 shall be placed in reserve, to remain
available until expended, for use in only such amounts, and in
such manner, as the Secretary determines necessary,
notwithstanding section 17(i) of the Child Nutrition Act, to
provide funds to support participation, should costs or
participation exceed budget estimates: Provided, That of the
total amount available, the Secretary shall obligate
$25,000,000 for the farmers' market nutrition program: Provided
further, That notwithstanding section 17(h)(10)(A) of such Act,
$14,000,000 shall be available for the purposes specified in
section 17(h)(10)(B): Provided further, That $2,000,000 shall
be available for the Food and Nutrition Service to conduct a
study of WIC vendor practices: Provided further, That no other
funds made available under this heading shall be used for
studies and evaluations: Provided further, That none of the
funds in this Act shall be available to pay administrative
expenses of WIC clinics except those that have an announced
policy of prohibiting smoking within the space used to carry
out the program: Provided further, That none of the funds
provided in this account shall be available for the purchase of
infant formula except in accordance with the cost containment
and competitive bidding requirements specified in section 17 of
such Act: Provided further, That none of the funds provided
shall be available for activities that are not fully reimbursed
by other Federal Government departments or agencies unless
authorized by section 17 of such Act.
FOOD STAMP PROGRAM
For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $26,313,692,000, of which $2,000,000,000
shall be placed in reserve for use only in such amounts and at
such times as may become necessary to carry out program
operations: Provided, That none of the funds made available
under this heading shall be used for studies and evaluations:
Provided further, That of the funds made available under this
heading and not already appropriated to the Food Distribution
Program on Indian Reservations (FDPIR) established under
section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)),
not to exceed $3,000,000 shall be used to purchase bison meat
for the FDPIR from Native American bison producers as well as
from producer-owned cooperatives of bison ranchers: Provided
further, That funds provided herein shall be expended in
accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for Employment
and Training under this heading shall remain available until
expended, as authorized by section 16(h)(1) of the Food Stamp
Act.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out the commodity
supplemental food program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note) and the Emergency Food Assistance Act of 1983,
$164,500,000, to remain available through September 30, 2004:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program.
FOOD DONATIONS PROGRAMS
For necessary expenses to carry out section 4(a) of the
Agriculture and Consumer Protection Act of 1973 and special
assistance for the nuclear affected islands as authorized by
section 103(h)(2) of the Compacts of Free Association Act of
1985, $1,081,000, to remain available through September 30,
2004.
FOOD PROGRAM ADMINISTRATION
For necessary administrative expenses of the domestic food
programs funded under this Act, $136,560,000, of which
$5,000,000 shall be available only for simplifying procedures,
reducing overhead costs, tightening regulations, improving food
stamp benefit delivery, and assisting in the prevention,
identification, and prosecution of fraud and other violations
of law and of which not less than$7,500,000 shall be available
to improve integrity in the Food Stamp and Child Nutrition programs.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954
(7 U.S.C. 1761-1769), market development activities abroad, and
for enabling the Secretary to coordinate and integrate
activities of the Department in connection with foreign
agricultural work, including not to exceed $158,000 for
representation allowances and for expenses pursuant to section
8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$129,948,000: Provided, That the Service may utilize advances
of funds, or reimburse this appropriation for expenditures made
on behalf of Federal agencies, public and private organizations
and institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C.
1737) and the foreign assistance programs of the United States
Agency for International Development.
In fiscal year 2003 and thereafter, none of the funds in
the foregoing paragraph shall be available to promote the sale
or export of tobacco or tobacco products.
PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of agreements under the
Agricultural Trade Development and Assistance Act of 1954, and
the Food for Progress Act of 1985, including the cost of
modifying credit arrangements under said Acts, $116,171,000, to
remain available until expended.
In addition, for administrative expenses to carry out the
credit program of title I, Public Law 83-480, and the Food for
Progress Act of 1985, to the extent funds appropriated for
Public Law 83-480 are utilized, $2,059,000, of which $1,033,000
may be transferred to and merged with the appropriation for
``Foreign Agricultural Service, Salaries and Expenses'', and of
which $1,026,000 may be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS
(INCLUDING TRANSFER OF FUNDS)
For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural
Trade Development and Assistance Act of 1954 and under the Food
for Progress Act of 1985, $25,159,000, to remain available
until expended: Provided, That funds made available for the
cost of agreements under title I of the Agricultural Trade
Development and Assistance Act of 1954 and for title I ocean
freight differential may be used interchangeably between the
two accounts with prior notice to the Committees on
Appropriations of both Houses of Congress.
PUBLIC LAW 480 TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development and
Assistance Act of 1954, $1,200,000,000, to remain available
until expended, for commodities supplied in connection with
dispositions abroad under title II of said Act.
COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and GSM
103, $4,058,000; to cover common overhead expenses as permitted
by section 11 of the Commodity Credit Corporation Charter Act
and in conformity with the Federal Credit Reform Act of 1990,
of which $3,224,000 may be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries and
Expenses'', and of which $834,000 may be transferred to and
merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or elsewhere;
and for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $25,000; $1,630,727,000, of which not to exceed
$222,900,000 to be derived from prescription drug user fees
authorized by 21 U.S.C. 379h, including any such fees assessed
prior to the current fiscal year but credited during the
current year, in accordance with section 736(g)(4), shall be
credited to this appropriation and remain available until
expended; and of which not to exceed $25,125,000 to be derived
from device user fees authorized by 21 U.S.C. 379j shall be
credited to this appropriation, to remain available until
expended: Provided, That fees derived from applications
received during fiscal year 2003 shall be subject to the fiscal
year 2003 limitation: Provided further, That none of these
funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided
further, That not to exceed $2,300,000 of the total amount
appropriated shall be for activities related to legislative
affairs: Provided further, That of the total amount
appropriated: (1) $413,347,000 shall be for the Center for Food
Safety and Applied Nutrition and related field activities in
the Office of Regulatory Affairs; (2) $426,671,000 shall be for
the Center for Drug Evaluation and Research and related field
activities in the Office of Regulatory Affairs, of which no
less than $13,357,000 shall be available for grants and
contracts awarded under section 5 of the Orphan Drug Act (21
U.S.C. 360ee); (3) $199,699,000 shall be for the Center for
Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $88,972,000
shall be for the Center for VeterinaryMedicine and for related
field activities in the Office of Regulatory Affairs; (5) $208,685,000
shall be for the Center for Devices and Radiological Health and for
related field activities in the Office of Regulatory Affairs; (6)
$40,688,000 shall be for the National Center for Toxicological
Research; (7) $36,914,000 shall be for Rent and Related activities,
other than the amounts paid to the General Services Administration; (8)
$108,269,000 shall be for payments to the General Services
Administration for rent and related costs; and (9) $107,482,000 shall
be for other activities, including the Office of the Commissioner; the
Office of Management and Systems; the Office of the Senior Associate
Commissioner; the Office of International and Constituent Relations;
the Office of Policy, Legislation, and Planning; and central services
for these offices: Provided further, That funds may be transferred from
one specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available until
expended.
In addition, export certification user fees authorized by
21 U.S.C. 381 may be credited to this account, to remain
available until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or
used by the Food and Drug Administration, where not otherwise
provided, $8,000,000, to remain available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $85,985,000, including not to exceed
$2,000 for official reception and representation expenses.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $38,400,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under 12
U.S.C. 2249: Provided, That this limitation shall not apply to
expenses associated with receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for fiscal year 2003 under this Act shall be
available for the purchase, in addition to those specifically
provided for, of not to exceed 374 passenger motor vehicles, of
which 372 shall be for replacement only, and for the hire of
such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances
therefor as authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Funds appropriated by this Act shall be available
for employment pursuant to the second sentence of section
706(a) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2225) and 5 U.S.C. 3109.
Sec. 704. The Secretary of Agriculture may transfer
unobligated balances of funds appropriated by this Act or other
available unobligated balances of the Department of Agriculture
to the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary
benefit to the agencies of the Department of Agriculture:
Provided, That none of the funds made available by this Act or
any other Act shall be transferred to the Working Capital Fund
without the prior approval of the agency administrator:
Provided further, That none of the funds transferred to the
Working Capital Fund pursuant to this section shall be
available for obligation without the prior approval of the
Committees on Appropriations of both Houses of Congress.
Sec. 705. New obligational authority provided for the
following appropriation items in this Act shall remain
available until expended: Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions,
information technology infrastructure, fruit fly program,
emerging plant pests, boll weevil program, up to 25 percent of
the screwworm program; Food Safety and Inspection Service,
field automation and information management project;
Cooperative State Research, Education, and Extension Service,
funds for competitive research grants (7 U.S.C. 450i(b)), funds
for the Research, Education and Economics Information System
(REEIS), and funds for the Native American Institutions
Endowment Fund; Farm Service Agency, salaries and expenses
funds made available to county committees; Foreign Agricultural
Service, middle-income country training program and up to
$2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to documentation
by the Foreign Agricultural Service.
Sec. 706. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations
available to the Department of Agriculture in this Act shall be
available to provide appropriate orientation and language
training pursuant to section 606C of the Act of August 28, 1954
(7 U.S.C. 1766b).
Sec. 708. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements or
similar arrangements between the United States Department of
Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of
mutual interest between the two parties. This does not preclude
appropriate payment of indirect costs on grants and contracts
with such institutions when such indirect costs are computed on
a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation
to lease space for its own use or to lease spaceon behalf of
other agencies of the Department of Agriculture when such space will be
jointly occupied.
Sec. 710. None of the funds in this Act shall be available
to pay indirect costs charged against competitive agricultural
research, education, or extension grant awards issued by the
Cooperative State Research, Education, and Extension Service
that exceed 19 percent of total Federal funds provided under
each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3310), funds provided by this Act for
grants awarded competitively by the Cooperative State Research,
Education, and Extension Service shall be available to pay full
allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).
Sec. 711. Notwithstanding any other provision of this Act,
all loan levels provided in this Act shall be considered
estimates, not limitations.
Sec. 712. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
fiscal year 2003 shall remain available until expended to cover
obligations made in fiscal year 2003 for the following
accounts: the Rural Development Loan Fund program account, the
Rural Telephone Bank program account, the Rural Electrification
and Telecommunications Loans program account, the Rural Housing
Insurance Fund program, and the Rural Economic Development
Loans program account.
Sec. 713. Notwithstanding chapter 63 of title 31, United
States Code, marketing services of the Agricultural Marketing
Service; the Grain Inspection, Packers and Stockyards
Administration; the Animal and Plant Health Inspection Service;
and the food safety activities of the Food Safety and
Inspection Service hereafter may use cooperative agreements to
reflect a relationship between the Agricultural Marketing
Service; the Grain Inspection, Packers and Stockyards
Administration; the Animal and Plant Health Inspection Service;
or the Food Safety and Inspection Service and a state or
cooperator to carry out agricultural marketing programs, to
carry out programs to protect the nation's animal and plant
resources, or to carry out educational programs or special
studies to improve the safety of the nation's food supply.
Sec. 714. None of the funds in this Act may be used to
retire more than 5 percent of the Class A stock of the Rural
Telephone Bank or to maintain any account or subaccount within
the accounting records of the Rural Telephone Bank the creation
of which has not specifically been authorized by statute:
Provided, That notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available in this
Act may be used to transfer to the Treasury or to the Federal
Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of
current requirements and such balance shall receive interest as
set forth for financial accounts in section 505(c) of the
Federal Credit Reform Act of 1990.
Sec. 715. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels,
commissions, and task forces of the Department of Agriculture,
except for panels used to comply with negotiated rule makings
and panels used to evaluate competitively awarded grants.
Sec. 716. None of the funds appropriated by this Act may be
used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products
Inspection Act (21 U.S.C. 471).
Sec. 717. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act to any other agency or office of the Department for more
than 30 days unless the individual's employing agency or office
is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of
assignment.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to
transmit or otherwise make available to any non-Department of
Agriculture employee questions or responses to questions that
are a result of information requested for the appropriations
hearing process.
Sec. 719. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology Investment
Review Board: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of
the Chief Information Officer without the prior approval of the
Committees on Appropriations of both Houses of Congress.
Sec. 720. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2003, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal
year 2003, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or projects
through a reprogramming of funds in excess of $500,000 or 10
percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent
funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on
Appropriations of both Houses of Congress before implementing a
program or activity not carried out during the previous fiscal
year unless the program or activity is funded by this Act or
specifically funded by any other Act.
Sec. 721. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations
incurred in prior fiscal years, none of the funds appropriated
or otherwise made available by this or any other Act may be
used to pay the salaries and expenses of personnel to carry out
the provisions of section 401 of Public Law 105-185, the
Initiative for Future Agriculture and Food Systems (7 U.S.C.
7621).
Sec. 722. None of the funds made available to the Food and
Drug Administration by this Act shall be used to reduce the
Detroit, Michigan, Food and Drug Administration District Office
below the operating and full-time equivalent staffing level of
July 31, 1999; or to changethe Detroit District Office to a
station, residence post or similarly modified office; or to reassign
residence posts assigned to the Detroit District Office: Provided, That
this section shall not apply to Food and Drug Administration field
laboratory facilities or operations currently located in Detroit,
Michigan, except that field laboratory personnel shall be assigned to
locations in the general vicinity of Detroit, Michigan, pursuant to
cooperative agreements between the Food and Drug Administration and
other laboratory facilities associated with the State of Michigan.
Sec. 723. None of the funds appropriated by this Act or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as part
of the President's Budget submission to the Congress of the
United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior
to the submission of the Budget unless such Budget submission
identifies which additional spending reductions should occur in
the event the user fees proposals are not enacted prior to the
date of the convening of a committee of conference for the
fiscal year 2004 appropriations Act.
Sec. 724. None of the funds made available by this Act or
any other Act may be used to close or relocate a state Rural
Development office unless or until cost effectiveness and
enhancement of program delivery have been determined.
Sec. 725. Of any shipments of commodities made pursuant to
section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), the Secretary of Agriculture shall, to the extent
practicable, direct that tonnage equal in value to not more
than $25,000,000 shall be made available to foreign countries
to assist in mitigating the effects of the Human
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome
on communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency
Virus or Acquired Immune Deficiency Syndrome in
the communities; and
(B) households in the communities,
particularly individuals caring for orphaned
children; and
(2) agricultural commodities monetized to provide
other assistance (including assistance under
microcredit and microenterprise programs) to create or
restore sustainable livelihoods among individuals in
the communities, particularly individuals caring for
orphaned children.
Sec. 726. In addition to amounts otherwise appropriated or
made available by this Act, $3,000,000 is appropriated for the
purpose of providing Bill Emerson and Mickey Leland Hunger
Fellowships, as authorized by section 4404 of Public Law 107-
171 (2 U.S.C. 1161).
Sec. 727. Notwithstanding section 412 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1736f),
any balances available to carry out title III of such Act as of
the date of enactment of this Act, and any recoveries and
reimbursements that become available to carry out title III of
such Act, may be used to carry out title II of such Act.
Sec. 728. Section 375(e)(6)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by
striking ``$26,000,000'' and inserting ``$26,499,000''.
Sec. 729. Notwithstanding any other provision of law, the
City of Coachella, California; the City of Dunkirk, New York;
the City of Starkville, Mississippi; the City of Shawnee,
Oklahoma; and the City of Berlin, New Hampshire, shall be
eligible for loans and grants provided through the Rural
Community Advancement Program.
Sec. 730. Notwithstanding any other provision of law, the
Secretary shall consider the Cities of Hollister, Salinas, and
Watsonville, California; the City of Caldwell, Idaho; the City
of Casa Grande, Arizona; the City of Aberdeen, South Dakota;
and the City of Vicksburg, Mississippi, as meeting the
requirements of a rural area in section 520 of the Housing Act
of 1949 (42 U.S.C. 1490).
Sec. 731. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial
and technical assistance to the DuPage County, Illinois,
Waynewood Drainage Improvement Project, from funds available
for the Watershed and Flood Prevention Operations program, not
to exceed $1,600,000.
Sec. 732. Notwithstanding any other provision of law, from
the funds appropriated to the Rural Utilities Service by this
Act, any current Rural Utilities Service borrower within 100
miles of New York City shall be eligible for additional
financing, refinancing, collateral flexibility, and deferrals
on an expedited basis without regard to population limitations
for any financially feasible telecommunications, energy, or
water project that assists endeavors related to the
rehabilitation, prevention, relocation, site preparation, or
relief efforts resulting from the terrorist events of September
11, 2001.
Sec. 733. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 734. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or
relocate, or to plan to close or relocate, the Food and Drug
Administration Division of Pharmaceutical Analysis in St.
Louis, Missouri, outside the city or county limits of St.
Louis, Missouri.
Sec. 735. Section 17(a)(2)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(a)(2)(B)) is amended
by striking ``2002'' and inserting ``2003''.
Sec. 736. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial
and technical assistance for projects in the Embarras River
Basin, Lake County Watersheds, and DuPage County, Illinois,
from funds made available for Watershed and Flood Prevention
Operations by Public Law 107-76.
Sec. 737. Notwithstanding any other provision of law, of
the funds made available in this Act for competitive research
grants (7 U.S.C. 450i(b)), the Secretary may useup to 20
percent of the amount provided to carry out a competitive grants
program under the same terms and conditions as those provided in
section 401 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7621).
Sec. 738. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial
and technical assistance through the Watershed and Flood
Prevention Operations program to carry out the Upper Tygart
Valley Watershed project, West Virginia: Provided, That the
Natural Resources Conservation Service is authorized to provide
100 percent of the engineering assistance and 75 percent cost
share for installation of the water supply component of this
project.
Sec. 739. Agencies and offices of the Department of
Agriculture may utilize any unobligated salaries and expenses
funds to reimburse the Office of the General Counsel for
salaries and expenses of personnel, and for other related
expenses, incurred in representing such agencies and offices in
the resolution of complaints by employees or applicants for
employment, and in cases and other matters pending before the
Equal Employment Opportunity Commission, the Federal Labor
Relations Authority, or the Merit Systems Protection Board with
the prior approval of the Committees on Appropriations of both
Houses of Congress.
Sec. 740. None of the funds appropriated or made available
by this Act may be used to pay the salaries and expenses of
personnel to carry out section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)).
Sec. 741. None of the funds appropriated or made available
by this Act, or any other Act, may be used to pay the salaries
and expenses of personnel to carry out subtitle I of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd
through dd-7).
Sec. 742. None of the funds appropriated or made available
by this Act may be used to pay the salaries and expenses of
personnel to carry out section 6405 of Public Law 107-171 (7
U.S.C. 2655).
Sec. 743. None of the funds appropriated or made available
by this Act may be used to pay the salaries and expenses of
personnel to carry out section 9010 of Public Law 107-171 (7
U.S.C. 8108) that exceed 77 percent of the payment that would
otherwise be paid to eligible producers.
Sec. 744. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial
and technical assistance through the Watershed and Flood
Prevention Operations program for the Kuhn Bayou (Point Remove)
project in Arkansas and the Matanuska River erosion control
project in Alaska.
Sec. 745. The Food for Progress Act of 1985 (7 U.S.C.
1736o) is amended--
(1) in subsections (c) and (g), by striking ``may''
each place it appears and inserting ``shall''; and
(2) by adding at the end the following:
``(o) Private Voluntary Organizations and Other Private
Entities.--In entering into agreements described in subsection
(c), the President (acting through the Secretary)--
``(1) shall enter into agreements with eligible
entities described in subparagraphs (C) and (F) of
subsection (b)(5); and
``(2) shall not discriminate against such eligible
entities.''.
Sec. 746. Of the unobligated balances of funds made
available under the Cooperative State Research, Education, and
Extension Service, Buildings and Facilities appropriation in
Public Law 104-180, $795,400 are hereby rescinded.
Sec. 747. None of the funds made available in fiscal year
2003 or preceding fiscal years for programs authorized under
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used
to reimburse the Commodity Credit Corporation for the release
of eligible commodities under section 302(f)(2)(A) of the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided,
That any such funds made available to reimburse the Commodity
Credit Corporation shall only be used pursuant to section
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
Sec. 748. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial
and technical assistance to the Dry Creek/Neff's Grove project,
Utah, and the Jefferson River Watershed, Montana.
Sec. 749. Section 307 of Title III--Denali Commission of
Division C--Other Matters of Public Law 105-277, as amended, is
further amended by adding a new subsection at the end thereof
as follows:
``(d) Solid Waste.--The Secretary of Agriculture is
authorized to make direct lump sum payments which shall remain
available until expended to the Denali Commission to address
deficiencies in solid waste disposal sites which threaten to
contaminate rural drinking water supplies.''.
Sec. 750. The $5,000,000 of unobligated balances available
at the beginning of fiscal year 2003 for the experimental Rural
Clean Water Program authorized under the heading ``Agricultural
Stabilization and Conservation Service--Rural Clean Water
Program'' in Public Law 96-108 (93 Stat. 835) and Public Law
96-528 (95 Stat. 3111) are hereby rescinded.
Sec. 751. The Secretary of Agriculture is authorized to
make loans and grants to expand the state of Alaska's dairy
industry and related milk processing and packaging facilities.
There is authorized to be appropriated $5,000,000 to carry out
this section for each fiscal years 2003 through 2007.
Sec. 752. The Secretary, if presented with a complete and
fully compliant application, including an approved third party
to hold the development easement, to protect the 33.8 acre farm
formerly operated by American Airlines Captain John Ogonowski
from development through the Farmland Protection Program, shall
waive the matching fund requirements of the program, if
necessary. Farmland Protection Program funds provided shall not
exceed the appraised fair market value of the land, as
determined consistent with program requirements. Any additional
funding provided to carry out thisproject shall not come at the
expense of an allocation to any other State.
Sec. 753. The Secretary of Agriculture is authorized to
permit employees of the United States Department of Agriculture
to carry and use firearms for personal protection while
conducting field work in remote locations in the performance of
their official duties.
Sec. 754. Of the funds made available for the Export
Enhancement Program, pursuant to section 301(e) of the
Agricultural Trade Act of 1978, as amended by Public Law 104-
127, not more than $28,000,000 shall be available in fiscal
year 2003.
Sec. 755. Notwithstanding any other provision of law, the
Municipality of Carolina, Puerto Rico, shall be eligible for
grants and loans administered by the Rural Utilities Service.
Sec. 756. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and
expenses of personnel to carry out the provisions of section
7404 of Public Law 107-171.
Sec. 757. The Agricultural Marketing Service and the Grain
Inspection, Packers and Stockyards Administration, that have
statutory authority to purchase interest bearing investments
outside of Treasury, are not required to establish obligations
and outlays for those investments, provided those investments
are insured by FDIC or are collateralized at the Federal
Reserve with securities approved by the Federal Reserve,
operating under the guidelines of the U.S. Treasury.
Sec. 758. Of the funds made available under section 27(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the
Secretary may use up to $10,000,000 for costs associated with
the distribution of commodities.
Sec. 759. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and
expenses of personnel to enroll in excess of 245,833 acres in
the calendar year 2003 wetlands reserve program as authorized
by 16 U.S.C. 3837.
Sec. 760. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and
expenses of personnel who carry out an environmental quality
incentives program authorized by chapter 4 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et
seq.) in excess of $695,000,000.
Sec. 761. Notwithstanding subsections (c) and (e)(2) of
section 313A of the Rural Electrification Act (7 U.S.C. 940c(c)
and (e)(2)) in implementing section 313A of that Act, the
Secretary shall, with the consent of the lender, structure the
schedule for payment of the annual fee, not to exceed an
average of 30 basis points per year for the term of the loan,
to ensure that sufficient funds are available to pay the
subsidy costs for note guarantees under that section.
Sec. 762. In addition to amounts appropriated by this Act
under the heading ``Public Law 480 Title II Grants'', there is
appropriated $250,000,000 for assistance for emergency relief
activities: Provided, That the amount appropriated under this
section shall remain available through September 30, 2004.
Sec. 763. (a) Section 1001(9) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7901(9)) is amended by
inserting ``crambe, sesame seed,'' after ``mustard seed,''.
(b) Section 1202 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7932) is amended--
(1) in subsection (a), by striking paragraph (10)
and inserting the following:
``(10) In the case of other oilseeds, $.0960 per
pound for each of the following kinds of oilseeds:
``(A) Sunflower seed.
``(B) Rapeseed.
``(C) Canola.
``(D) Safflower.
``(E) Flaxseed.
``(F) Mustard seed.
``(G) Crambe.
``(H) Sesame seed.
``(I) Other oilseeds designated by the
Secretary.'';
(2) in subsection (b), by striking paragraph (10)
and inserting the following:
``(10) In the case of other oilseeds, $.0930 per
pound for each of the following kinds of oilseeds:
``(A) Sunflower seed.
``(B) Rapeseed.
``(C) Canola.
``(D) Safflower.
``(E) Flaxseed.
``(F) Mustard seed.
``(G) Crambe.
``(H) Sesame seed.
``(I) Other oilseeds designated by the
Secretary.'';
(3) by adding at the end the following:
``(c) Single County Loan Rate for Other Oilseeds.--The
Secretary shall establish a single loan rate in each county for
each kind of other oilseeds described in subsections (a)(10)
and (b)(10).
``(d) Quality Grades for Dry Peas, Lentils, and Small
Chickpeas.--The loan rate for dry peas, lentils, and small
chickpeas shall be based on--
``(1) in the case of dry peas, United States feed
peas;
``(2) in the case of lentils, United States number
3 lentils; and
``(3) in the case of small chickpeas, United States
number 3 small chickpeas that drop below a 20/64
screen.''.
(c) Section 1204 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7934) is amended--
(1) in subsection (a), by striking ``and extra long
staple cotton'' and inserting ``extra long staple
cotton, and confectionery and each other kind of
sunflower seed (other than oil sunflower seed)'';
(2) by redesignating subsection (f) as subsection
(h); and
(3) by inserting after subsection (e) the
following:
``(f) Repayment Rates for Confectionery and Other Kinds of
Sunflower Seeds.--The Secretary shall permit the producers on a
farm to repay a marketing assistance loan under section 1201
for confectionery and each other kind of sunflower seed (other
than oil sunflower seed) at a rate that is the lesser of--
``(1) the loan rate established for the commodity
under section 1202, plus interest (determined in
accordance with section 163 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7283)); or
``(2) the repayment rate established for oil
sunflower seed.
``(g) Quality Grades for Dry Peas, Lentils, and Small
Chickpeas.--The loan repayment rate for dry peas, lentils, and
small chickpeas shall be based on the quality grades for the
applicable commodity specified in section 1202(d).''.
(d) This section and the amendments made by this section
apply beginning with the 2003 crop of other oilseeds (as
defined in section 1001 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7901)), dry peas, lentils, and
small chickpeas.
Sec. 764. Of the amount of funds that are made available to
producers in the State of Vermont under section 524 of the
Federal Crop Insurance Act (7 U.S.C. 1524) for fiscal year
2003, the Secretary of Agriculture shall make a grant of
$200,000 to the Northeast Center for Food Entrepreneurship at
the University of Vermont to support value-added projects that
contribute to agricultural diversification in the State, to
remain available until expended.
Sec. 765. (a) Section 319(e) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1314e(e)) is amended in the fifth
sentence--
(1) by striking ``: Provided, That'' and inserting
``, except that (1)''; and
(2) by inserting before the period at the end the
following: ``, (2) the total quantity of all
adjustments under this sentence for all farms for any
crop year may not exceed 10 percent of the national
basic quota for the preceding crop year, and (3) this
sentence shall not apply to the establishment of a
marketing quota for the 2003 marketing year''.
(b) During the period beginning on the date of enactment of
this Act and ending on the last day of the 2002 marketing year
for the kind of tobacco involved, the Secretary of Agriculture
may waive the application of section 1464.2(b)(2) of title 7,
Code of Federal Regulations.
(c) Regulations.--
(1) The Secretary of Agriculture may promulgate
such regulations as are necessary to implement this
section and the amendments made by this section.
(2) The promulgation of the regulations and
administration of this section and the amendments made
by this section shall be made without regard to--
(A) the notice and comment provisions of
section 553 of title 5, United States Code;
(B) the Statement of Policy of the
Secretary of Agriculture effective July 24,
1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation
in rulemaking; and
(C) chapter 35 of title 44, United States
Code (commonly known as the ``Paperwork
Reduction Act'').
(3) In carrying out this subsection, the Secretary
shall use the authority provided under section 808 of
title 5, United States Code.
Sec. 766. Title III of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations Act, 2001, is amended in the first paragraph
under the heading ``rural housing insurance fund program
account (including transfer of funds)'' under the heading
``Rural Housing Service'' (114 Stat. 1549, 1549A-19) by
inserting before the period at the end the following: ``:
Provided further, That after September 30, 2002, any funds
remaining for the demonstration program may be used, within the
State in which the demonstration program is carried out, for
fiscal year 2003 and subsequent fiscal years to make grants,
and to cover the costs (as defined in section 502 of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 661a)) of loans authorized, under section 504 of the
Housing Act of 1949 (42 U.S.C. 1474)''.
Sec. 767. (a) Notwithstanding any other provision of law,
for purposes of administering sections 1101 and 1102 of Public
Law 107-171, acreage planted to, or prevented from being
planted to, popcorn shall be considered as acreage planted to,
or prevented from being planted to, corn: Provided, That if a
farm program payment yield for corn is otherwise established
for a farm under such section 1102, the same yield shall be
used for the acreage on the farm planted to, or prevented from
being planted to, popcorn: Provided further, That with respect
to all other farms, the farm program payment yield for such
popcorn acreage shall be established by the Secretary on a fair
and equitable basis to reflect the farm program payment yields
for corn on similar farms in the area.
(b) This section shall take effect on October 1, 2003.
Sec. 768. Of the funds appropriated for fiscal year 2002
and prior years for grants and contracts to carry out section
523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C.
1490c(b)(1)(A)), $11,000,000 is hereby rescinded.
Sec. 769. Notwithstanding any other provision of this Act,
the $4,696,000,000 provided for the Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC) shall
be exempt from the across-the-board rescission under section
601 of division N.
Sec. 770. During the 180-day period beginning on the date
of enactment of this Act, none of the funds made available by
this Act or any other Act shall be available to the Secretary
of Agriculture to pay the salaries of any personnel--
(1) to amend the terms of a licensing agreement for
a grain warehouse (excluding rice) under the United
States Warehouse Act (7 U.S.C. 241 et seq.); or
(2) to issue a new license for a grain warehouse
(excluding rice) under that Act unless--
(A) the warehouse does not hold (as of the
date of enactment of this Act) a Federal or
State license for the operation of the
warehouse; and
(B) the licensing agreement accompanying
the new license conforms to the licensing
requirements of the Secretary in effect on
January 1, 2003.
Sec. 771. None of the funds made available in this Act
may be used to require that a farm satisfy section 2110(c)(1)
of the Organic Foods Production Act of 1990 (7 U.S.C.
6509(c)(1)) in order to be certified under such Act as an
organic farm with respect to the livestock produced on the farm
unless the report prepared by the Secretary of Agriculture
pursuant to the recommendations contained in the joint
explanatory statement of the Managers on the part of the House
of Representatives and the Senate to accompany Public Law 107-
171 (House Conference Report 107-424, pages 672-673) confirms
the commercial availability of organically produced feed, at
not more than twice the cost of conventionally produced feed,
to meet current market demands.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2003''.
DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS, 2003
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2003, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
For expenses necessary for the administration of the
Department of Justice, $100,579,000, of which not to exceed
$3,137,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$10,172,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 2002: Provided further, That not to
exceed 31 permanent positions, 33 full-time equivalent
workyears and $3,464,000 shall be expended for the Office of
Legislative Affairs: Provided further, That not to exceed 15
permanent positions, 20 full-time equivalent workyears and
$1,875,000 shall be expended for the Office of Public Affairs:
Provided further, That the latter two aforementioned offices
may utilize non-reimbursable details of career employees within
the caps described in the preceding two provisos: Provided
further, That the Attorney General is authorized to transfer,
under such terms and conditions as the Attorney General shall
specify, forfeited real or personal property of limited or
marginal value, as such value is determined by guidelines
established by the Attorney General, to a State or local
government agency, or its designated contractor or transferee,
for use to support drug abuse treatment, drug and crime
prevention and education, housing, job skills, and other
community-based public health and safety programs: Provided
further, That any transfer under the preceding proviso shall
not create or confer any private right of action in any person
against the United States, and shall be treated as a
reprogramming under section 605 of this Act.
joint automated booking system
For expenses necessary for the nationwide deployment of a
Joint Automated Booking System including automated capability
to transmit fingerprint and image data, $15,973,000, to remain
available until September 30, 2004.
AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM/INTEGRATED AUTOMATED
IDENTIFICATION SYSTEM INTEGRATION
For expenses necessary for the planning, development, and
deployment of an integrated fingerprint identification system,
including automated capability to transmit fingerprint and
image data, $9,000,000, to remain available until September 30,
2004.
LEGAL ACTIVITIES OFFICE AUTOMATION
For necessary expenses related to the design, development,
engineering, acquisition, and implementation of office
automation systems for the organizations funded under the
headings ``Salaries and Expenses, General Legal Activities'',
and ``General Administration, Salaries and Expenses'', and the
United States Attorneys, the United States Marshals Service,
the Antitrust Division, the United States Trustee Program, the
Executive Office for Immigration Review, the Community
Relations Service, the Bureau of Prisons, and the Office of
Justice Programs, $15,942,000, to remain available until
September 30, 2004.
NARROWBAND COMMUNICATIONS
For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land Mobile
Radio legacy systems, $81,354,000, to remain available until
September 30, 2004: Provided, That the Attorney General shall
transfer to the ``Narrowband Communications'' account all funds
made available to the Department of Justice for the purchase of
portable and mobile radios: Provided further, That any
transfers made under this proviso shall be subject to section
605 of this Act.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Attorney
General, $1,000,000, to remain available until expended, to
reimburse any Department of Justice organization for: (1) the
costs incurred in reestablishing the operational capability of
an office or facility which has been damaged or destroyed as a
result of any domestic or international terrorist incident; and
(2) the costs of providing support to counter, investigate or
prosecute domestic or international terrorism, including
payment of rewards in connection with these activities:
Provided, That any Federal agency may be reimbursed for the
costs of detaining in foreign countries individuals accused of
acts of terrorism that violate the laws of the United States:
Provided further, That funds provided under this paragraph
shall be available only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of this Act.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$191,535,000.
DETENTION TRUSTEE
For necessary expenses of the Federal Detention Trustee who
shall exercise all power and functions authorized by law
relating to the detention of Federal prisoners in non-Federal
institutions or otherwise in the custody of the United States
Marshals Service; and the detention of aliens in the custody of
the Immigration and Naturalization Service, $1,366,591,000, to
remain available until expended: Provided, That the Trustee
shall be responsible for managing the Justice Prisoner and
Alien Transportation System and for overseeing housing related
to such detention; the management of funds appropriated to the
Department for the exercise of any detention functions; and the
direction of the United States Marshals Service and Immigration
and Naturalization Service with respect to the exercise of
detention policy setting and operations for the Department:
Provided further, That any unobligated balances available in
prior years from the funds appropriated under the heading
``Federal Prisoner Detention'' shall be transferred to and
merged with the appropriation under the heading ``Detention
Trustee'' and shall be available until expended: Provided
further, That the Trustee, working in consultation with the
Bureau of Prisons, shall submit a plan for collecting
information related to evaluating the health and safety of
Federal prisoners in non-Federal institutions no later than 180
days following the enactment of this Act.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$57,937,000; including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; and for the acquisition,
lease, maintenance, and operation of motor vehicles, without
regard to the general purchase price limitation for the current
fiscal year.
United States Parole Commission
SALARIES AND EXPENSES
For necessary expenses of the United States Parole
Commission as authorized, $10,488,000.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to beaccounted for
solely under the certificate of, the Attorney General; and rent of
private or Government-owned space in the District of Columbia,
$611,325,000, of which not to exceed $10,000,000 for litigation support
contracts shall remain available until expended, and of which not less
than $1,996,000 shall be available for necessary administrative
expenses in accordance with the Radiation Exposure Compensation Act:
Provided, That of the total amount appropriated, not to exceed $1,000
shall be available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses: Provided
further, That notwithstanding any other provision of law, upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as amended,
not to exceed $4,028,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $133,133,000: Provided, That, notwithstanding any
other provision of law, not to exceed $133,133,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless
of the year of collection, shall be retained and used for
necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2003, so
as to result in a final fiscal year 2003 appropriation from the
general fund estimated at not more than $0.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,503,767,000; of which not to exceed $2,500,000
shall be available until September 30, 2004, for: (1) training
personnel in debt collection; (2) locating debtors and their
property; (3) paying the net costs of selling property; and (4)
tracking debts owed to the United States Government: Provided,
That of the total amount appropriated, not to exceed $8,000
shall be available for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 of
those funds available for automated litigation support
contracts shall remain available until expended: Provided
further, That not to exceed $2,500,000 for the operation of the
National Advocacy Center shall remain available until expended:
Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Offices of the United
States Attorneys, not to exceed 10,113 positions and 10,316
full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the United States Attorneys:
Provided further, That the fourth proviso under the heading
``Salaries and Expenses, United States Attorneys'' in title I
of H.R. 3421 of the 106th Congress, as enacted by section
1000(a)(1) of Public Law 106-113 shall apply to amounts made
available under this heading for fiscal year 2003: Provided
further, That of the total amount appropriated, $5,000,000
shall be for Project Seahawk in Charleston, South Carolina.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee
Program, as authorized, $155,736,000, to remain available until
expended and to be derived from the United States Trustee
System Fund: Provided, That, notwithstanding any other
provision of law, deposits to the Fund shall be available in
such amounts as may be necessary to pay refunds due depositors:
Provided further, That, notwithstanding any other provision of
law, $155,736,000 of offsetting collections pursuant to 28
U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 2003, so as to result in a
final fiscal year 2003 appropriation from the Fund estimated at
$0.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,136,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
For necessary expenses of the United States Marshals
Service, including the acquisition, lease, maintenance, and
operation of vehicles, and the purchase of passenger motor
vehicles for police-type use, without regard to the general
purchase price limitation for the current fiscal year,
$680,474,000; of which $15,800,000 shall be available for 106
supervisory deputy marshal positions for courthouse security;
of which not to exceed $6,000 shall be available for official
reception and representation expenses; of which not to exceed
$4,000,000 shall be available for development, implementation,
maintenance and support, and training for an automated prisoner
information system and shall remain available until expended;
and $12,061,000 shall be available for the costs of courthouse
security equipment, including furnishings, relocations, and
telephone systems and cabling, and shall remain available until
expended: Provided, That, in addition to reimbursable full-time
equivalent workyears available to the United States Marshals
Service, not to exceed 4,158 positions and 4,023 full-time
equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Marshals
Service.
CONSTRUCTION
For planning, constructing, renovating, equipping, and
maintaining United States Marshals Service prisoner-holding
space in United States courthouses and Federal buildings,
including the renovation and expansion of prisoner movement
areas, elevators, and sallyports, $15,126,000, to remain
available until expended.
FEES AND EXPENSES OF WITNESSES
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurementand
supervision of expert witnesses, for private counsel expenses, for per
diems in lieu of subsistence, as authorized by law, including advances,
and for United States Marshals Service Witness Security program
expenses, $175,645,000, to remain available until expended; of which
not to exceed $6,000,000 may be made available for planning,
construction, renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto, for
protected witness safesites; of which not to exceed $1,000,000 may be
made available for the purchase and maintenance of armored vehicles for
transportation of protected witnesses; of which not to exceed
$19,500,000 may be made available for the United States Marshals
Service Witness Security program; and of which not to exceed $5,000,000
may be made available for the purchase, installation, and maintenance
of secure telecommunications equipment and a secure automated
information network to store and retrieve the identities and locations
of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service,
$9,474,000 and, in addition, up to $1,000,000 of funds made
available to the Department of Justice in this Act may be
transferred by the Attorney General to this account: Provided,
That notwithstanding any other provision of law, upon a
determination by the Attorney General that emergent
circumstances require additional funding for conflict
resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the previous proviso shall be treated as a reprogramming under
section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (F), and (G), as amended, $21,901,000, to be derived from
the Department of Justice Assets Forfeiture Fund.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime drug
trafficking not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in organized crime drug trafficking,
$372,131,000, of which $50,000,000 shall remain available until
expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this
appropriation: Provided further, That any unobligated balances
remaining available at the end of the fiscal year shall revert
to the Attorney General for reallocation among participating
organizations in succeeding fiscal years, subject to the
reprogramming procedures set forth in section 605 of this Act.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution of
crimes against the United States; including purchase for
police-type use of not to exceed 1,576 passenger motor
vehicles, of which 1,085 will be for replacement only, without
regard to the general purchase price limitation for the current
fiscal year, and hire of passenger motor vehicles; acquisition,
lease, maintenance, and operation of aircraft; and not to
exceed $70,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General, $4,234,587,000; of which not to exceed $65,000,000 for
automated data processing and telecommunications and technical
investigative equipment, not to exceed $10,000,000 for
facilities buildout, and not to exceed $1,000,000 for
undercover operations shall remain available until September
30, 2004; of which $475,300,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other
activities related to our national security; of which not less
than $153,812,000 shall only be for Joint Terrorism Task
Forces; of which not to exceed $10,000,000 is authorized to be
made available for making advances for expenses arising out of
contractual or reimbursable agreements with State and local law
enforcement agencies while engaged in cooperative activities
related to violent crime, terrorism, organized crime, and drug
investigations: Provided, That not to exceed $50,000 shall be
available for official reception and representation expenses:
Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Federal Bureau of
Investigation, not to exceed 26,447 positions and 25,579 full-
time equivalent workyears shall be supported from the funds
appropriated in this Act for the Federal Bureau of
Investigation.
FOREIGN TERRORIST TRACKING TASK FORCE
For expenses necessary for the Foreign Terrorist Tracking
Task Force, including salaries and expenses, operations,
equipment, and facilities, $62,000,000.
CONSTRUCTION
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $1,250,000, to remain
available until expended.
Drug Enforcement Administration
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for solely
under the certificate of, the Attorney General; expenses for
conducting drug education and training programs, including
travel and related expenses for participants in such programs
and the distribution of items of token value that promote the
goals of such programs; purchase of not to exceed 1,374
passenger motor vehicles, of which 1,354 will be for
replacement only, for police-type use without regard to the
general purchase price limitation for the current fiscal year;
and acquisition, lease, maintenance, and operation of aircraft,
$1,560,919,000; of which not to exceed $33,000,000 for
permanent change of station shall remain available until
September 30, 2004; of which not to exceed $1,800,000 for
research shall remain available until expended, and of which
not to exceed $4,000,000 for purchase of evidence and payments
for information, not to exceed $10,000,000 for contracting for
automated data processing and telecommunications equipment, and
not to exceed $2,000,000 for laboratory equipment, $4,000,000
for technical equipment, and $2,000,000 for aircraft
replacement retrofit and parts, shall remain available until
September 30, 2004; of which not to exceed $50,000 shall be
available for official reception and representation expenses:
Provided, That, in addition to reimbursable full-time
equivalent workyears available to the Drug Enforcement
Administration, not to exceed 7,815 positions and 7,661 full-
time equivalent workyears shall be supported from the funds
appropriated in this Act for the Drug Enforcement
Administration.
Immigration and Naturalization Service
SALARIES AND EXPENSES
For expenses necessary for the administration and
enforcement of the laws relating to immigration,
naturalization, and alien registration, as follows:
IMMIGRATION ENFORCEMENT AND BORDER AFFAIRS
For salaries and expenses for the Border Patrol, detention
and removals, intelligence, investigations, and inspections,
including not to exceed $50,000 to meet unforeseen emergencies
of a confidential character, to be expended under the direction
of, and to be accounted for solely under the certificate of,
the Attorney General; purchase for police-type use (not to
exceed 4,565 passenger motor vehicles, of which 3,450 are for
replacement only), without regard to the general purchase price
limitation for the current fiscal year, and hire of passenger
motor vehicles; acquisition, lease, maintenance and operation
of aircraft; research related to immigration enforcement; for
protecting and maintaining the integrity of the borders of the
United States including, without limitation, equipping,
maintaining, and making improvements to the infrastructure; and
for the care and housing of Federal detainees held in the joint
Immigration and Naturalization Service and United States
Marshals Service Buffalo Detention Facility, $2,880,819,000; of
which not to exceed $5,000,000 is for payments or advances
arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in
cooperative activities related to immigration; of which not to
exceed $5,000,000 is to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance,
and repatriation of smuggled illegal aliens; of which not to
exceed $245,236,000 is for information technology
infrastructure: Provided, That uniforms may be purchased
without regard to the general purchase price limitation for the
current fiscal year: Provided further, That none of the funds
appropriated in this Act for the Immigration and Naturalization
Service's Entry Exit System may be obligated until the
Immigration and Naturalization Service submits a plan for
expenditure that: (1) meets the capital planning and investment
control review requirements established by the Office of
Management and Budget, including OMB Circular A-11, part 3; (2)
complies with the acquisition rules, requirements, guidelines,
and systems acquisition management practices of the Federal
Government; (3) is reviewed by the General Accounting Office;
and (4) has been approved by the Committees on Appropriations:
Provided further, That funds provided under this heading shall
only be available for obligation and expenditure in accordance
with the procedures applicable to reprogramming notifications
set forth in section 605 of Public Law 107-77.
IMMIGRATION SERVICES
For salaries and expenses for immigration services,
$709,000,000: Provided further, That not to exceed 40 permanent
positions and 40 full-time equivalent workyears and $4,300,000
shall be expended for the Offices of Legislative Affairs and
Public Affairs: Provided further, That unencumbered positions
in the aforementioned offices after the date of enactment of
this Act shall be filled only by personnel details, temporary
transfers of personnel on either a reimbursable or non-
reimbursable basis, or any other formal or informal transfer or
reimbursement of personnel or funds on either a temporary or
long-term basis up to 10 full-time equivalent workyears:
Provided further, That the number of positions filled through
non-career appointment at the Immigration and Naturalization
Service, for which funding is provided in this Act or is
otherwise made available to the Immigration and Naturalization
Service, shall not exceed six permanent positions and six full-
time equivalent workyears: Provided further, That funds may be
used, without limitation, for equipping, maintaining, and
making improvements to the infrastructure and the purchase of
vehicles for police-type use within the limits of the
Immigration Enforcement and Border Affairs appropriation.
CONSTRUCTION
For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $258,637,000, to remain available until
expended: Provided, That no funds shall be available for the
site acquisition, design, or construction of any Border Patrol
checkpoint in the Tucson sector: Provided further, That the
Border Patrol shall relocate its checkpoints in the Tucson
sector at least once every seven days in amanner designed to
prevent persons subject to inspection from predicting the location of
any such checkpoint.
Federal Prison System
SALARIES AND EXPENSES
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional institutions,
including purchase (not to exceed 713, of which 504 are for
replacement only) and hire of law enforcement and passenger
motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign
governments, $4,071,251,000, of which $1,463,997,000 shall be
for Inmate Care and Programs, $1,880,763,000 shall be for
Institution Security and Administration, $571,077,000 shall be
for Contract Confinement, and $155,414,000 shall be for
Management and Administration: Provided, That the Attorney
General may transfer to the Health Resources and Services
Administration such amounts as may be necessary for direct
expenditures by that Administration for medical relief for
inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System, where necessary, may enter into contracts with a fiscal
agent/fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to the
custody of the Federal Prison System: Provided further, That
not to exceed $6,000 shall be available for official reception
and representation expenses: Provided further, That not to
exceed $50,000,000 shall remain available for necessary
operations until September 30, 2004: Provided further, That, of
the amounts provided for Contract Confinement, not to exceed
$20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable
agreements, and other expenses authorized by section 501(c) of
the Refugee Education Assistance Act of 1980, as amended, for
the care and security in the United States of Cuban and Haitian
entrants: Provided further, That the Director of the Federal
Prison System may accept donated property and services relating
to the operation of the prison card program from a not-for-
profit entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System
relating to the operation of pre-release services, halfway
houses or other custodial facilities.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account, $399,227,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to construct
areas for inmate work programs: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation: Provided further, That not to exceed 10 percent
of the funds appropriated to ``Buildings and Facilities'' in
this or any other Act may be transferred to ``Salaries and
Expenses'', Federal Prison System, upon notification by the
Attorney General to the Committees on Appropriations of the
House of Representatives and the Senate in compliance with
provisions set forth in section 605 of this Act.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with the
law, and to make such contracts and commitments, without regard
to fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation, including purchase (not to exceed five for
replacement only) and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
Not to exceed $3,429,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which the said accounting system requires to
be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
Office of Justice Programs
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, and the Missing
Children's Assistance Act, as amended, including salaries and
expenses in connection therewith, and with the Victims of Crime
Act of 1984, as amended, $201,291,000, to remain available
until expended: Provided, That all balances under this heading
for counterterrorism programs may be transferred to and merged
with the appropriation for ``Domestic Preparedness''.
OFFICE FOR DOMESTIC PREPAREDNESS
For grants, cooperative agreements, and other assistance
authorized by sections 819 and 821 of the Antiterrorism and
Effective Death Penalty Act of 1996 and for other
counterterrorism programs, including training, exercises and
equipment for fire, emergency medical, hazmat, law enforcement,
and other first responders to prevent and respond to acts of
terrorism, including incidents involving weapons of mass
destruction or chemical or biological weapons, $1,000,000,000,
to remain available until expended.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For assistance authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); the Omnibus Crime Control and Safe Streets
Act of 1968, as amended (``the 1968 Act''); the Victims of
Child Abuse Act of 1990, as amended (``the 1990 Act''); the
Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106-386) and other programs; $2,065,269,000
(including amounts for administrative costs, which shall be
transferred to andmerged with the ``Justice Assistance''
account): Provided, That $17,667,000 shall be derived from prior year
unobligated balances from Local Law Enforcement Block Grants, and
$3,323,000 shall be derived from prior year unobligated balances from
residential substance abuse treatment for State prisoners: Provided
further, That funding provided under this heading shall remain
available until expended as follows:
(1) $400,000,000 for Local Law Enforcement Block
Grants, pursuant to H.R. 728 as passed by the House of
Representatives on February 14, 1995, except that for
purposes of this Act and retroactive to October 1,
2000, Guam shall be considered as one ``State'' for all
purposes under H.R. 728, notwithstanding any provision
of section 108(3) thereof, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government''
as well as a ``State'', for the purposes set forth in
paragraphs (A), (B), (D), (F), and (I) of section
101(a)(2) of H.R. 728, and for establishing crime
prevention programs involving cooperation between
community residents and law enforcement personnel in
order to control, detect, or investigate crime or the
prosecution of criminals: Provided, That no funds
provided under this heading may be used as matching
funds for any other Federal grant program, of which:
(A) $80,000,000 shall be for Boys and Girls
Clubs in public housing facilities and other
areas in cooperation with State and local law
enforcement: Provided, That funds may also be
used to defray the costs of indemnification
insurance for law enforcement officers;
(B) $20,000,000 shall be available for
grants, contracts, and other assistance to
carry out section 102(c) of H.R. 728; and
(C) $3,000,000 for Citizen Corps programs
administered by the Department of Justice;
(2) $250,000,000 for the State Criminal Alien
Assistance Program, as authorized by section 242(j) of
the Immigration and Nationality Act, as amended;
(3) $5,000,000 for the Cooperative Agreement
Program;
(4) $18,000,000 for assistance to Indian tribes, of
which:
(A) $5,000,000 shall be available for
grants under section 20109(a)(2) of subtitle A
of title II of the 1994 Act;
(B) $8,000,000 shall be available for the
Tribal Courts Initiative; and
(C) $5,000,000 shall be available for
demonstration grants on alcohol and crime in
Indian Country;
(5) $650,914,000 for programs authorized by part E
of title I of the 1968 Act, notwithstanding the
provisions of section 511 of said Act, of which
$150,914,000 shall be for discretionary grants under
the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs;
(6) $390,165,000 for programs to address violence
against women, of which:
(A) $11,975,000 shall be for the Court
Appointed Special Advocate Program, as
authorized by section 218 of the 1990 Act;
(B) $2,296,000 shall be for Child Abuse
Training Programs for Judicial Personnel and
Practitioners, as authorized by section 224 of
the 1990 Act;
(C) $998,000 shall be for grants for
televised testimony, as authorized by section
1001(a)(7) of the 1968 Act;
(D) $184,537,000 shall be for Grants to
Combat Violence Against Women as authorized by
section 1001(a)(18) of the 1968 Act, of which:
(i) $1,000,000 shall be for the
Bureau of Justice Statistics for
grants, contracts, and other assistance
for a domestic violence Federal case
processing study;
(ii) $5,200,000 shall be for the
National Institute of Justice for
grants, contracts, and other assistance
for research and evaluation of violence
against women; and
(iii) $10,000,000 shall be for the
Office of Juvenile Justice and
Delinquency Prevention for the Safe
Start Program, to be administered as
authorized by part C of the Juvenile
Justice and Delinquency Act of 1974, as
amended;
(E) $64,925,000 shall be for Grants to
Encourage Arrest Policies as authorized by
section 1001(a)(19) of the 1968 Act;
(F) $39,945,000 shall be for Rural Domestic
Violence and Child Abuse Enforcement Assistance
Grants, as authorized by section 40295 of the
1994 Act;
(G) $4,989,000 shall be for training
programs as authorized by section 40152(c) of
the 1994 Act, and for local demonstration
projects;
(H) $3,000,000 shall be for grants to
improve the process for entering data regarding
stalking and domestic violence into local,
State, and national crime information
databases, as authorized by section 40602 of
the 1994 Act;
(I) $10,000,000 shall be for grants to
reduce Violent Crimes Against Women on Campus,
as authorized by section 1108(a) of Public Law
106-386;
(J) $40,000,000 shall be for Legal
Assistance for Victims, as authorized by
section 1201 of Public Law 106-386;
(K) $5,000,000 shall be for enhancing
protection for older and disabled women from
domestic violence and sexual assault as
authorized by section 40801 of the 1994 Act;
(L) $15,000,000 shall be for the Safe
Havens for Children Pilot Program as authorized
by section 1301 of Public Law 106-386; and
(M) $7,500,000 shall be for Education and
Training to end violence against and abuse
ofwomen with disabilities, as authorized by section 1402 of Public Law
106-386;
(7) $10,000,000 for victim services programs for
victims of trafficking, as authorized by section
107(b)(2) of Public Law 106-386;
(8) $65,000,000 for grants for residential
substance abuse treatment for State prisoners, as
authorized by section 1001(a)(17) of the 1968 Act;
(9) $898,000 for the Missing Alzheimer's Disease
Patient Alert Program, as authorized by section
240001(c) of the 1994 Act;
(10) $45,000,000 for Drug Courts, as authorized by
Part EE of Title I of the 1968 Act;
(11) $1,497,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the
1968 Act;
(12) $1,995,000 for public awareness programs
addressing marketing scams aimed at senior citizens, as
authorized by section 250005(3) of the 1994 Act;
(13) $190,000,000 for Juvenile Accountability
Incentive Block Grants, of which $25,000,000 shall be
available for grants, contracts, and other assistance
under the Project ChildSafe Initiative, except that
such funds shall be subject to the same terms and
conditions as set forth in the provisions under this
heading for this program in Public Law 105-119, but all
references in such provisions to 1998 shall be deemed
to refer instead to 2003, and Guam shall be considered
a ``State'' for the purposes of title III of H.R. 3, as
passed by the House of Representatives on May 8, 1997;
(14) $1,300,000 for Motor Vehicle Theft Prevention
Programs, as authorized by section 220002(h) of the
1994 Act;
(15) $7,500,000 for a prescription drug monitoring
program;
(16) $13,000,000 for implementation of prison rape
prevention and prosecution programs including a
statistical review and analysis of the incidence and
effects of prison rape, the establishment of a national
clearinghouse for provision of information and
assistance for Federal, State, and local officials,
grants to States, units of local government, prisons,
and prison systems for prison rape prevention and
prosecution efforts, and the development of national
standards for enhancing the detection, prevention,
reduction, and punishment of prison rape; and
(17) $15,000,000 for terrorism prevention and
response training for law enforcement and other
responders:
Provided, That funds made available in fiscal year 2003 under
subpart 1 of part E of title I of the 1968 Act may be obligated
for programs to assist States in the litigation processing of
death penalty Federal habeas corpus petitions and for drug
testing initiatives: Provided further, That, if a unit of local
government uses any of the funds made available under this
title to increase the number of law enforcement officers, the
unit of local government will achieve a net gain in the number
of law enforcement officers who perform nonadministrative
public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $58,925,000, to
remain available until expended, for inter-governmental
agreements, including grants, cooperative agreements, and
contracts, with State and local law enforcement agencies, non-
profit organizations, and agencies of local government engaged
in the investigation and prosecution of violent crimes and drug
offenses in ``Weed and Seed'' designated communities, and for
either reimbursements or transfers to appropriation accounts of
the Department of Justice and other Federal agencies which
shall be specified by the Attorney General to execute the
``Weed and Seed'' program strategy: Provided, That funds
designated by Congress through language for other Department of
Justice appropriation accounts for ``Weed and Seed'' program
activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed:
Provided further, That the Attorney General may direct the use
of other Department of Justice funds and personnel in support
of ``Weed and Seed'' program activities only after the Attorney
General notifies the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section
605 of this Act.
COMMUNITY ORIENTED POLICING SERVICES
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act'') (including administrative costs), $928,912,000, to
remain available until expended: Provided, That section 1703
(b) and (c) of the 1968 Act shall not apply to non-hiring
grants made pursuant to part Q of title I thereof (42 U.S.C.
3796dd et seq.): Provided further, That all prior year balances
derived from the Violent Crime Trust Fund for Community
Oriented Policing Services may be transferred into this
appropriation: Provided further, That the officer redeployment
demonstration described in section 1701(b)(1)(C) shall not
apply to equipment, technology, support system or overtime
grants made pursuant to part Q of title I thereof (42 U.S.C.
3796dd et seq.).
Of the amounts provided:
(1) for Public Safety and Community Policing Grants
pursuant to title I of the 1994 Act, $353,238,000 as
follows: $200,000,000 for the hiring of law enforcement
officers including school resource officers to prevent
acts of terrorism and other violent and drug-related
crimes, of which up to 30 percent shall be available
for overtime expenses; $20,622,000 for training and
technical assistance; $25,444,000 for the matching
grant program for Law Enforcement Armor Vests pursuant
to section 2501 of part Y of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended (``the 1968
Act''); $35,000,000 to improve tribal law enforcement
including equipment and training; $57,132,000 for
policing initiatives to combat methamphetamine
production and trafficking and to enhance policing
initiatives in ``drug hot spots''; and $15,000,000 for
Police Corps education, training, and service under
sections 200101-200113 of the 1994 Act: Provided, That
funding agreements shall include the funding for the
outyear program costs of new recruits;
(2) for crime technology, $400,567,000 as follows:
$189,954,000 for a law enforcement technology program;
$20,000,000 for the COPS Interoperable Communications
Technology Program; $40,000,000 for grants to upgrade
criminal records, as authorized under the Crime
Identification Technology Act of 1998 (42 U.S.C.
14601); $41,000,000 for DNA analysis and backlog
reduction of which $36,000,000 shall be used as
authorized by the DNA Analysis Backlog Elimination Act
of 2000 (Public Law 106-546) and of which $5,000,000
shall be available for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797j et seq.); $40,538,000 for State and local
DNA laboratories as authorized by section 1001(a)(22)
of the 1968 Act, and improvements to laboratory general
forensic science capacity and capabilities; and
$69,075,000 for grants, contracts and other assistance
to States under section 102(b) of the Crime
Identification Technology Act of 1998 (42 U.S.C.
14601), of which $17,000,000 is for the National
Institute of Justice for grants, contracts, and other
agreements to develop school safety technologies and
training;
(3) for prosecution assistance, $85,000,000 as
follows: $45,000,000 for a national program to reduce
gun violence, and $40,000,000 for the Southwest Border
Prosecutor Initiative to reimburse State, county,
parish, tribal, or municipal governments only for
Federal costs associated with the prosecution of
criminal cases declined by local U.S. Attorneys
offices;
(4) for grants, training, technical assistance, and
other expenses to support community crime prevention
efforts, $57,107,000 as follows: $10,000,000 for
Project Sentry; $14,934,000 for an offender re-entry
program; $15,210,000 for the Safe Schools Initiative;
and $16,963,000 for a police integrity program; and
(5) not to exceed $33,000,000 for program
management and administration.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended (``the Act''), and other
juvenile justice programs, including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $264,306,000, to remain
available until expended, as authorized by section 299 of part
I of title II and section 506 of title V of the Act, as amended
by Public Law 102-586, of which: (1) notwithstanding any other
provision of law, $6,832,000 shall be available for expenses
authorized by part A of title II of the Act, $83,800,000 shall
be available for expenses authorized by part B of title II of
the Act, including training and technical assistance to help
small, non-profit organizations with the Federal grants
process, and $89,257,000 shall be available for expenses
authorized by part C of title II of the Act and other juvenile
justice programs: Provided, That $26,442,000 of the amounts
provided for part B of title II of the Act, as amended, is for
the purpose of providing additional formula grants under part B
to States that provide assurances to the Administrator that the
State has in effect (or will have in effect no later than 1
year after date of application) policies and programs that
ensure that juveniles are subject to accountability-based
sanctions for every act for which they are adjudicated
delinquent; (2) $11,974,000 shall be available for expenses
authorized by sections 281 and 282 of part D of title II of the
Act for prevention and treatment programs relating to juvenile
gangs; (3) $9,978,000 shall be available for expenses
authorized by section 285 of part E of title II of the Act; (4)
$15,965,000 shall be available for expenses authorized by part
G of title II of the Act for juvenile mentoring programs; and
(5) $46,500,000 shall be available for expenses authorized by
title V of the Act for incentive grants for local delinquency
prevention programs; of which $12,472,000 shall be for
delinquency prevention, control, and system improvement
programs for tribal youth; of which $6,500,000 shall be
available for the Safe Schools Initiative including $5,000,000
for grants, contracts, and other assistance under the Project
Sentry Initiative; and of which $25,000,000 shall be available
for grants of $360,000 to each State and $6,640,000 shall be
available for discretionary grants to States, for programs and
activities to enforce State laws prohibiting the sale of
alcoholic beverages to minors or the purchase or consumption of
alcoholic beverages by minors, prevention and reduction of
consumption of alcoholic beverages by minors, and for technical
assistance and training: Provided further, That of amounts made
available under the Juvenile Justice Programs of the Office of
Justice Programs to carry out part B (relating to Federal
Assistance for State and Local Programs), subpart II of part C
(relating to Special Emphasis Prevention and Treatment
Programs), part D (relating to Gang-Free Schools and
Communities and Community-Based Gang Intervention), part E
(relating to State Challenge Activities), and part G (relating
to Mentoring) of title II of the Juvenile Justice and
Delinquency Prevention Act of 1974, and to carry out the At-
Risk Children's Program under title V of that Act, not more
than 10 percent of each such amount may be used for research,
evaluation, and statistics activities designed to benefit the
programs or activities authorized under the appropriate part or
title, and not more than 2 percent of each such amount may be
used for training and technical assistance activities designed
to benefit the programs or activities authorized under that
part or title.
In addition, for grants, contracts, cooperative agreements,
and other assistance authorized by the Victims of Child Abuse
Act of 1990, as amended, $11,000,000, to remain available until
expended, as authorized by section 214B of the Act.
PUBLIC SAFETY OFFICERS BENEFITS
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums as
are necessary, as authorized by section 6093 of Public Law 100-
690 (102 Stat. 4339-4340); and $4,000,000, to remain available
until expended for payments as authorized by section 1201(b) of
said Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $45,000 from
fundsappropriated to the Department of Justice in this title shall be
available to the Attorney General for official reception and
representation expenses in accordance with distributions, procedures,
and regulations established by the Attorney General.
Sec. 102. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 103. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in
this section in any way diminishes the effect of section 104
intended to address the philosophical beliefs of individual
employees of the Bureau of Prisons.
Sec. 105. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly advertised, extraordinary rewards may be paid, which
shall not be subject to spending limitations contained in
sections 3059 and 3072 of title 18, United States Code:
Provided, That any reward of $100,000 or more, up to a maximum
of $2,000,000, may not be made without the personal approval of
the President or the Attorney General and such approval may not
be delegated: Provided further, That rewards made pursuant to
section 501 of Public Law 107-56 shall not be subject to this
section.
Sec. 106. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section.
Sec. 107. Section 114 of Public Law 107-77 shall remain in
effect during fiscal year 2003.
Sec. 108. Section 286(e) of the Immigration and Nationality
Act (8 U.S.C. 1356(e)) is amended by striking paragraph (3) and
replacing it with the following:
``(3) The Attorney General shall charge and collect
$3 per individual for the immigration inspection or
pre-inspection of each commercial vessel passenger
whose journey originated in the United States or in any
place set forth in paragraph (1): Provided, That this
requirement shall not apply to immigration inspection
at designated ports of entry of passengers arriving by
ferry, or by Great Lakes vessels on the Great Lakes and
connecting waterways when operating on a regular
schedule. For the purposes of this paragraph, the term
`ferry' means a vessel, in other than ocean or
coastwise service, having provisions only for deck
passengers and/or vehicles, operating on a short run on
a frequent schedule between two points over the most
direct water route, and offering a public service of a
type normally attributed to a bridge or tunnel.''.
Sec. 109. The Director of the Federal Bureau of
Investigation shall appoint a standing advisory panel,
reporting directly to the Director, to study, assess, and
advise periodically on the research, development, and
application of existing and emerging science and technology
advances and other topics: Provided, That the panel shall not
be considered to be a Federal advisory committee for purposes
of the Federal Advisory Committee Act.
Sec. 110. Public Law 107-273 is amended--
(1) in section 12222(b), strike ``on October 1,
2002'' and insert in lieu thereof the following: ``on
the effective date provided in section 12102(b)'';
(2) in section 12223(a), strike ``on the date of
the enactment of this Act'' and insert in lieu thereof
the following: ``on the effective date provided in
section 12102(b)'';
(3) in section 12223(b), by replacing ``Act'' with
``subtitle'', and all the matter after ``beginning''
with ``on or after the effective date provided in
subsection (a).''.
Sec. 111. The law enforcement training facility described
in section 8150 of Public Law 107-248 is hereby established as
a permanent training facility.
Sec. 112. The Attorney General, in consultation with the
Secretary of Homeland Security, shall provide to the Committees
on Appropriations by March 1, 2003 all National Security Entry
Exit Registration System documents and materials: (1) used in
the creation of the System, including any predecessor programs;
(2) assessing the effectiveness of the System as a tool to
enhance national security; (3) used to determine the scope of
the System, including countries selected for the program, and
the gender, age, and immigration status of the persons required
to register under the program; (4) regarding future plans to
expand the System to additional countries, age groups, women,
and persons holding other immigration statuses not already
covered; (5) explaining whether the Department of Justice
consulted with other Federal agencies in the development of the
System, and if so, all documents and materials relating to
those consultations; (6) concerning policy directives or
guidance issued to officials about implementation of the
System, including the role of the Federal Bureau of
Investigation in conducting national security background checks
of registrants; (7) explaining why certain Immigration and
Naturalization Service District Offices detained persons with
pending status-adjustment applications; and (8) explaining how
information gathered during interviews of registrants will be
stored, used, or transmitted to other Federal, State, or local
agencies.
This title may be cited as the ``Department of Justice
Appropriations Act, 2003''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
Related Agencies
Office of the United States Trade Representative
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $34,999,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $98,000 shall be available for official reception and
representation expenses.
International Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$54,000,000, to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard to
44 U.S.C. 3702 and 3703; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to
49 U.S.C. 1517; employment of Americans and aliens by contract
for services; rental of space abroad for periods not exceeding
10 years, and expenses of alteration, repair, or improvement;
purchase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed
$30,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines, $370,192,000, to remain
available until expended, of which $8,000,000 is to be derived
from fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided, That
$67,669,000 shall be for Trade Development, $31,204,000 shall
be for Market Access and Compliance, $44,229,000 shall be for
the Import Administration, $202,040,000 shall be for the United
States and Foreign Commercial Service, and $25,050,000 shall be
for Executive Direction and Administration: Provided further,
That the provisions of the first sentence of section 105(f) and
all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act shall include payment for assessments
for services provided as part of these activities.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $15,000 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U.S.C.
401(b); purchase of passenger motor vehicles for official use
and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law, $74,653,000,
to remain available until September 30, 2004, of which
$7,250,000 shall be for inspections and other activities
related to national security: Provided, That the provisions of
the first sentence of section 105(f) and all of section 108(c)
of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions
collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the
cost of such activities, and for providing information to the
public with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, and for trade adjustment assistance, $290,000,000, to
remain available until expended.
SALARIES AND EXPENSES
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$30,765,000: Provided, That these funds may be used to monitor
projects approved pursuant to title I of the Public Works
Employment Act of 1976, as amended, title II of the Trade Act
of 1974, as amended, and the Community Emergency Drought Relief
Act of 1977.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and other
agreements with public or private organizations, $28,906,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $72,158,000, to remain available until September 30,
2004.
Bureau of the Census
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $183,000,000.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses related to the 2000 decennial
census, $41,893,000, to remain available until expended:
Provided, That, of the total amount available related to the
2000 decennial census ($41,893,000 in new appropriations and
$41,817,000 in deobligated balances from prior years),
$3,461,000 is for Program Development and Management;
$42,651,000 is for Data Content and Products; $4,630,000 is for
Field Data Collection and Support Systems; $12,826,000 is for
Automated Data Processing and Telecommunications Support;
$16,333,000 is for Testing and Evaluation; $2,472,000 is for
activities related to Puerto Rico, the Virgin Islands and
Pacific Areas; and $1,337,000 is for Marketing, Communications
and Partnership activities.
In addition, for expenses related to planning, testing, and
implementing the 2010 decennial census, $146,306,000.
In addition, for expenses to collect and publish statistics
for other periodic censuses and programs provided for by law,
$183,283,000, to remain available until expended: Provided,
That regarding engineering and design of a facility at the
Suitland Federal Center, quarterly reports regarding the
expenditure of funds and project planning, design and cost
decisions shall be provided by the Bureau, in cooperation with
the General Services Administration, to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That none of the funds provided in this Act
or any other Act under the heading ``Bureau of the Census,
Periodic Censuses and Programs'' shall be used to fund the
construction and tenant build-out costs of a facility at the
Suitland Federal Center.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $14,700,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to
remain available until expended: Provided further, That
hereafter, notwithstanding any other provision of law, NTIA
shall not authorize spectrum use or provide any spectrum
functions pursuant to the National Telecommunications and
Information Administration Organization Act, 47 U.S.C. 902-903,
to any Federal entity without reimbursement as required by NTIA
for such spectrum management costs, and Federal entities
withholding payment of such cost shall not use spectrum:
Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications research,
engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its
assigned functions under this paragraph, and such funds
received from other Government agencies shall remain available
until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $43,556,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $2,478,000 shall be available for
program administration as authorized by section 391 of the Act:
Provided further, That, notwithstanding the provisions of
section 391 of the Act, the prior year unobligated balances may
be made available for grants for projects for which
applications have been submitted and approved during any fiscal
year.
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $15,503,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $3,097,000 shall be available for
program administration and other support activities as
authorized by section 391: Provided further, That, of the funds
appropriated herein, not to exceed 5 percent may be available
for telecommunications research activities for projects related
directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the
requirements of sections 392(a) and 392(c) of the Act, these
funds may be used for the planning and construction of
telecommunications networks for the provision of educational,
cultural, health care, public information, public safety, or
other social services: Provided further, That, notwithstanding
any other provision of law, no entity that receives
telecommunications services at preferential rates under section
254(h) of the Act (47 U.S.C. 254(h)) or receives assistance
under the regional information sharing systems grant program of
the Department of Justice under part M of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796h) may use funds under a grant under this heading to cover
any costs of the entity that would otherwise be covered by such
preferential rates or such assistance, as the case may be.
United States Patent and Trademark Office
SALARIES AND EXPENSES
For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office, $1,015,229,000, to remain available until
expended, which amount shall be derived from offsetting
collections assessed and collected pursuant to 15 U.S.C. 1113
and 35 U.S.C. 41 and 376, and shall be retained and used for
necessary expenses in this appropriation: Provided, Thatthe sum
herein appropriated from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2003, so as to
result in a fiscal year 2003 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year 2003, should
the total amount of offsetting fee collections be less than
$1,015,229,000, the total amounts available to the United States Patent
and Trademark Office shall be reduced accordingly: Provided further,
That an additional amount not to exceed $166,771,000 from fees
collected in prior fiscal years shall be available for obligation in
fiscal year 2003, to remain available until expended: Provided further,
That from amounts provided herein, not to exceed $1,000 shall be made
available in fiscal year 2003 for official reception and representation
expenses.
SCIENCE AND TECHNOLOGY
Technology Administration
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $9,886,000.
National Institute of Standards and Technology
Scientific and Technical Research and Services
For necessary expenses of the National Institute of
Standards and Technology, $359,411,000, to remain available
until expended, of which not to exceed $282,000 may be
transferred to the ``Working Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $106,623,000, to remain available until expended:
Provided, That hereafter the Secretary of Commerce is
authorized to enter into agreements with one or more nonprofit
organizations for the purpose of carrying out collective
research and development initiatives pertaining to 15 U.S.C.
278k paragraph (a), and is authorized to seek and accept
contributions from public and private sources to support these
efforts as necessary.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $180,000,000, to remain available until expended,
of which $60,700,000 shall be expended for the award of new
grants before October 1, 2003.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for
the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $66,100,000, to remain
available until expended.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft; grants,
contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative
agreements; and relocation of facilities as authorized,
$2,313,519,000, to remain available until September 30, 2004:
Provided, That fees and donations received by the National
Ocean Service for the management of the national marine
sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding 31
U.S.C. 3302: Provided further, That, in addition, $65,000,000
shall be derived by transfer from the fund entitled ``Promote
and Develop Fishery Products and Research Pertaining to
American Fisheries'': Provided further, That grants to States
pursuant to sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, shall not exceed
$2,000,000, unless funds provided for ``Coastal Zone Management
Grants'' exceed funds provided in the previous fiscal year:
Provided further, That if funds provided for ``Coastal Zone
Management Grants'' exceed funds provided in the previous
fiscal year, then no State shall receive more than five percent
or less than one percent of the additional funds: Provided
further, That, of the $2,395,519,000 provided for in direct
obligations under this heading (of which $2,313,519,000 is
appropriated from the General Fund, $65,000,000 is provided by
transfer, and $17,000,000 is derived from deobligations from
prior years), $417,933,000 shall be for the National Ocean
Service, $580,066,000 shall be for the National Marine
Fisheries Service, $374,740,000 shall be for Oceanic and
Atmospheric Research, $698,767,000 shall be for the National
Weather Service, $150,616,000 shall be for the National
Environmental Satellite, Data, and Information Service, and
$173,397,000 shall be for Program Support: Provided further,
That, of the amount provided under this heading, $273,022,000
shall be for the conservation activities defined in section
250(c)(4)(K) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That no
general administrative charge shall be applied against an
assigned activity included in this Act and, further, that any
direct administrative expenses applied against an assigned
activity shall be limited to 5 percent of the funds provided
for that assigned activity so that total National Oceanic and
Atmospheric Administration administrative expenses shallnot
exceed $243,000,000: Provided further, That any use of deobligated
balances of funds provided under this heading in previous years shall
be subject to the procedures set forth in section 605 of this Act:
Provided further, That the Secretary of Commerce will designate a
National Marine Fisheries Service Regional Office for the Pacific Area
within sixty days of enactment of this Act: Provided further, That the
existing National Marine Fisheries Service Southwest Region and
Fisheries Science Center and Northwest Region and Fisheries Science
Center shall not be merged or reorganized to form the new National
Marine Fisheries Service Pacific Area Regional Office, that the current
structure, organization, function, and funding of the Southwest and
Northwest Centers will not be changed except for funds that are already
dedicated to the Hawaiian Islands, and that each regional organization
will have the lead responsibility for its own programs: Provided
further, That the Secretary of Commerce may enter into cooperative
agreements with the Joint and Cooperative Institutes as designated by
the Secretary to use the personnel, services, or facilities of such
organizations for research, education, training, and outreach.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act (10
U.S.C. ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFERS OF FUNDS)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration, $759,030,000,
to remain available until March 1, 2006, except for funds
appropriated for the National Marine Fisheries Service Honolulu
Laboratory and for the National Environmental Satellites, Data,
and Information Service, which shall remain available until
expended: Provided, That unexpended balances of amounts
previously made available in the ``Operations, Research, and
Facilities'' account for activities funded under this heading
may be transferred to and merged with this account, to remain
available until expended for the purposes for which the funds
were originally appropriated: Provided further, That of the
amounts provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made
available on a dollar for dollar matching basis with funds
provided for the same purpose by the Department of Defense:
Provided further, That of the amount provided under this
heading for expenses necessary to carry out conservation
activities defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
including funds for the Coastal and Estuarine Land Conservation
Program, $76,179,000, to remain available until expended:
Provided further, That the Secretary shall establish a Coastal
and Estuarine Land Conservation Program, for the purpose of
protecting important coastal and estuarine areas that have
significant conservation, recreation, ecological, historical,
or aesthetic values, or that are threatened by conversion from
their natural or recreational state to other uses: Provided
further, That none of the funds provided in this Act or any
other Act under the heading ``National Oceanic and Atmospheric
Administration, Procurement, Acquisition and Construction''
shall be used to fund the General Services Administration's
standard construction and tenant build-out costs of a facility
at the Suitland Federal Center.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations and the implementation of the 1999
Pacific Salmon Treaty Agreement between the United States and
Canada, $90,000,000: Provided, That this amount shall be for
the conservation activities defined in section 250(c)(4)(E) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
In addition, for a final payment pursuant to the 1999
Pacific Salmon Treaty Agreement, $40,000,000, of which
$25,000,000 shall be deposited in the Northern Boundary and
Transboundary Rivers Restoration and Enhancement Fund, and of
which $15,000,000 shall be deposited in the Southern Boundary
Restoration and Enhancement Fund: Provided, That this amount
shall be for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
FISHERMEN'S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $1,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
FOREIGN FISHING OBSERVER FUND
For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law
96-339), the Magnuson-Stevens Fishery Conservation and
Management Act of 1976, as amended (Public Law 100-627), the
American Fisheries Promotion Act (Public Law 96-561) and the
International Dolphin Conservation Program Act (Public Law 105-
42), to be derived from the fees imposed under the foreign
fishery observer program authorized by these Acts, not to
exceed $1,000, to remain available until expended.
FISHERIES FINANCE PROGRAM ACCOUNT
For the cost of direct loans, $287,000, as authorized by
the Merchant Marine Act of 1936, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct
loans not to exceed $5,000,000 for Individual Fishing Quota
loans, and not to exceed $59,000,000 for Traditional direct
loans, of which not less than $40,000,000 may be used for
direct loans to the United States distant water tuna fleet:
Provided further, That none of the funds made available under
this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United
States fishery.
Departmental Management
SALARIES AND EXPENSES
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $44,954,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the InspectorGeneral Act of
1978, as amended (5 U.S.C. App. 1-11, as amended by Public Law 100-
504), $20,635,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefore, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. Hereafter none of the funds made available by
this Act may be used to support the hurricane reconnaissance
aircraft and activities that are under the control of the
United States Air Force or the United States Air Force Reserve.
Sec. 204. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That the Secretary shall notify the
Committees on Appropriations at least 15 days in advance of the
acquisition or disposal of any capital asset (including land,
structures, and equipment) not specifically provided for in
this or any other Commerce, Justice, State Appropriations Act.
Sec. 205. Any costs incurred by a department or agency
funded under this title resulting from personnel actions taken
in response to funding reductions included in this title or
from actions taken for the care and protection of loan
collateral or grant property shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 206. Hereafter the Secretary of Commerce may award
contracts for hydrographic, geodetic, and photogrammetric
surveying and mapping services in accordance with title IX of
the Federal Property and Administrative Services Act of 1949.
Sec. 207. The Secretary of Commerce may use the Commerce
franchise fund for expenses and equipment necessary for the
maintenance and operation of such administrative services as
the Secretary determines may be performed more advantageously
as central services, pursuant to section 403 of Public Law 103-
356: Provided, That any inventories, equipment, and other
assets pertaining to the services to be provided by such fund,
either on hand or on order, less the related liabilities or
unpaid obligations, and any appropriations made for the purpose
of providing capital shall be used to capitalize such fund:
Provided further, That such fund shall be paid in advance from
funds available to the Department and other Federal agencies
for which such centralized services are performed, at rates
which will return in full all expenses of operation, including
accrued leave, depreciation of fund plant and equipment,
amortization of automated data processing (ADP) software and
systems (either acquired or donated), and an amount necessary
to maintain a reasonable operating reserve, as determined by
the Secretary: Provided further, That such fund shall provide
services on a competitive basis: Provided further, That an
amount not to exceed 4 percent of the total annual income to
such fund may be retained in the fund for fiscal year 2003 and
each fiscal year thereafter, to remain available until
expended, to be used for the acquisition of capital equipment,
and for the improvement and implementation of department
financial management, ADP, and other support systems: Provided
further, That such amounts retained in the fund for fiscal year
2003 and each fiscal year thereafter shall be available for
obligation and expenditure only in accordance with section 605
of this Act: Provided further, That no later than 30 days after
the end of each fiscal year, amounts in excess of this reserve
limitation shall be deposited as miscellaneous receipts in the
Treasury: Provided further, That such franchise fund pilot
program shall terminate pursuant to section 403(f) of Public
Law 103-356.
Sec. 208. Notwithstanding any other provision of law, of
the amounts made available elsewhere in this title to the
``National Institute of Standards and Technology, Construction
of Research Facilities'', $14,000,000 is appropriated to fund a
cooperative agreement with the Medical University of South
Carolina, $6,000,000 is appropriated to the Thayer School of
Engineering for the nanocrystalline materials and biomass
research initiative, $3,000,000 is appropriated to the
Institute for Information Infrastructure Protection at the
Institute for Security Technology Studies, $4,000,000 is
appropriated for the Institute for Politics, and $1,260,000 is
appropriated to the Franklin Pierce Manse.
Sec. 209. Of the amount available from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'', $10,000,000 shall be provided to
develop an Alaska seafood marketing program. Such amount shall
be made available as a direct lump sum payment to the Alaska
Fisheries Marketing Board (hereinafter ``Board'') which is
hereby established to award grants to market, develop, and
promote Alaska seafood and improve related technology and
transportation with emphasis on wild salmon, of which 20
percent shall be transferred to the Alaska Seafood Marketing
Institute. The Board shall be appointed by the Secretary of
Commerce and shall be administered by an Executive Director to
be appointed by the Secretary. The Board shall submitan annual
report to the Secretary detailing the expenditures of the board.
Sec. 210. (a) The Secretary of Commerce is authorized to
award grants and make direct lump sum payments in support of an
international advertising and promotional campaign developed in
consultation with the private sector to encourage individuals
to travel to the United States consisting of radio, television,
and print advertising and marketing programs.
(b) The United States Travel and Tourism Promotion Advisory
Board (hereinafter ``Board'') is established to recommend the
appropriate coordinated activities to the Secretary for
funding.
(c) The Secretary shall appoint the Board within 30 days of
enactment and shall include tourism-related entities he deems
appropriate.
(d) The Secretary shall consult with the Board and state
and regional tourism officials on the disbursement of funds.
(e) There is authorized to be appropriated $50,000,000, to
remain available until expended, and $50,000,000 is
appropriated to implement this section.
Sec. 211. From funds made available from the ``Operations
and Training'' account, not more than $50,000 shall be made
available to the Maritime Administration for administrative
expenses to oversee the implementation of this section for the
purpose of recovering economic and national security benefits
to the United States following the default under the
construction contract described in section 8109 of the
Department of Defense Appropriations Act for Fiscal Year 1998
(Public Law 105-56): Provided, That the owner of any ship
documented under the authority of this section shall offset
such appropriation through the payment of fees to the Maritime
Administration not to exceed the appropriation and that such
fees be deposited as an offsetting collection to this
appropriation: Provided further, That notwithstanding any other
provision of law, one or both ships originally contracted under
section 8109 of Public Law 105-56 may be constructed to
completion in a shipyard located outside of the United States
and the owner thereof (or a related person with respect to that
owner) may document one or both ships under U.S. flag with a
coastwise endorsement, and notwithstanding any other provision
of law, and not later than two years after entry into service
of the first ship contracted for under section 8109 of Public
Law 105-56, that owner (or a related person with respect to
that owner) may re-document under U.S. flag with a coastwise
endorsement one additional foreign-built cruise ship: Provided
further, That: (1) the owner of any cruise ship documented
under the authority of this section is a citizen of the United
States within the meaning of 46 U.S.C. 12102(a), (2) the
foreign-built cruise ship re-documented under the authority of
this section meets the eligibility requirements for a
certificate of inspection under section 1137(a) of Public Law
104-324 and applicable international agreements and guidelines
referred to in section 1137(a)(2) thereof and the 1992
Amendments to the Safety of Life at Sea Convention of 1974, and
that with respect to the re-documented foreign-built cruise
ship, any repair, maintenance, alteration, or other preparation
necessary to meet such requirements be performed in a United
States shipyard, (3) any non-warranty repair, maintenance, or
alteration work performed on any ship documented under the
authority of this section shall be performed in a United States
shipyard unless the Administrator of the Maritime
Administration finds that such services are not available in
the United States or if an emergency dictates that the ship
proceed to a foreign port for such work, (4) any ship
documented under the authority of this section shall operate in
regular service transporting passengers between or among the
islands of Hawaii and shall not transport passengers in revenue
service to ports in Alaska, the Gulf of Mexico, or the
Caribbean Sea, except as part of a voyage to or from a shipyard
for ship construction, repair, maintenance, or alteration work,
(5) no person, nor any ship operating between or among the
islands of Hawaii, shall be entitled to the preference
contained in the second proviso of section 8109 of Public Law
105-56, and (6) no cruise ship operating in coastwise trade
under the authority of this section or constructed under the
authority of this section shall be eligible for a guarantee of
financing under title XI of the Merchant Marine Act 1936:
Provided further, That any cruise ship to be documented under
the authority of this section shall be immediately eligible
before documentation of the vessel for the approval contained
in section 1136(b) of Public Law 104-324: Provided further,
That for purposes of this section the term ``cruise ship''
means a vessel that is at least 60,000 gross tons and not more
than 120,000 gross tons (as measured under chapter 143 of title
46, United States Code) and has berth or stateroom
accommodations for at least 1,600 passengers, the term ``one or
both ships'' means collectively the partially completed hull
and related components, equipment, and parts of whatever kind
acquired pursuant to the construction contract described in
section 8109 of Public Law 105-56 and intended to be
incorporated into the ships constructed thereto, the term
``related person'' means with respect to a person: a holding
company, subsidiary, or affiliate of such person meeting the
citizenship requirements of section 12102(a) of title 46,
United States Code, and the term ``regular service'' means the
primary service in which the ship is engaged on an annual
basis.
Sec. 212. (a) The Secretary of Commerce shall implement a
fishing capacity reduction program for the West Coast
groundfish fishery pursuant to section 212 of Public Law 107-
206 and 16 U.S.C. 1861a (b)-(e); except that the program may
apply to multiple fisheries; except that within 90 days after
the date of enactment of this Act, the Secretary shall publish
a public notice in the Federal Register and issue an invitation
to bid for reduction payments that specifies the contractual
terms and conditions under which bids shall he made and
accepted under this section; except that section
144(d)(1)(K)(3) of title I, division B of Public Law 106-554
shall apply to the program implemented by this section.
(b) A reduction fishery is eligible for capacity reduction
under the program implemented under this section; except that
no vessel harvesting and processing whiting in the catcher-
processors sector (section 19 660.323(a)(4)(A) of title 50,
Code of Federal Regulations) may participate in any capacity
reduction referendum or industry fee established under this
section.
(c) A referendum on the industry fee system shall occur
after bids have been submitted, and such bids have been
accepted by the Secretary, as follows: members of the reduction
fishery, and persons who have been issuedWashington, Oregon, or
California Dungeness crab and Pink shrimp permits, shall be eligible to
vote in the referendum to approve an industry fee system; referendum
votes cast in each fishery shall be weighted in proportion to the debt
obligation of each fishery, as calculated in subsection (f) of this
section; the industry fee system shall be approved if the referendum
votes cast in favor of the proposed system constitute a simple majority
of the participants voting; except that notwithstanding 5 U.S.C. 553
and 16 U.S.C. 1861a(e), the Secretary shall not prepare or publish
proposed or final regulations for the implementation of the program
under this section before the referendum is conducted.
(d) Nothing in this section shall be construed to prohibit
the Pacific Fishery Management Council from recommending, or
the Secretary from approving, changes to any fishery management
plan, in accordance with applicable law; or the Secretary from
promulgating regulations (including regulations governing this
program), after an industry fee system has been approved by the
reduction fishery.
(e) The Secretary shall determine, and state in the public
notice published under paragraph (a), all program
implementation aspects the Secretary deems relevant.
(f) Any bid submitted in response to the invitation to bid
issued by the Secretary under this section shall be
irrevocable; the Secretary shall use a bid acceptance procedure
that ranks each bid in accordance with this paragraph and with
additional criteria, if any, established by the Secretary: for
each bid from a qualified bidder that meets the bidding
requirements in the public notice or the invitation to bid, the
Secretary shall determine a bid score by dividing the bid's
dollar amount by the average annual total ex-vessel dollar
value of landings of Pacific groundfish, Dungeness crab, and
Pink shrimp based on the 3 highest total annual revenues earned
from such stocks that the bidder's reduction vessel landed
during 1998, 1999, 2000, or 2001. For purposes of this
paragraph, the term ``total annual revenue'' means the revenue
earned in a single year from such stocks. The Secretary shall
accept each qualified bid in rank order of bid score from the
lowest to the highest until acceptance of the next qualified
bid with the next lowest bid score would cause the reduction
cost to exceed the reduction loan's maximum amount. Acceptance
of a bid by the Secretary shall create a binding reduction
contract between the United States and the person whose bid is
accepted, the performance of which shall be subject only to the
conclusion of a successful referendum, except that a person
whose bid is accepted by the Secretary under this section shall
relinquish all permits in the reduction fishery and any
Dungeness crab and Pink shrimp permits issued by Washington,
Oregon, or California; except that the Secretary shall revoke
the Pacific groundfish permit, as well as all Federal fishery
licenses, fishery permits, area, and species endorsements, and
any other fishery privileges issued to a vessel or vessels (or
to persons on the basis of their operation or ownership of that
vessel or vessels) removed under the program.
(g) The Secretary shall establish separate reduction loan
sub-amounts and repayment fees for fish sellers in the
reduction fishery and for fish sellers in each of the fee-share
fisheries by dividing the total ex-vessel dollar value during
the bid scoring period of all reduction vessel landings from
the reduction fishery and from each of the fee-share fisheries
by the total such value of all such landings for all such
fisheries; and multiplying the reduction loan amount by each of
the quotients resulting from each of the divisions above. Each
of the resulting products shall be the reduction loan sub-
amount for the reduction fishery and for each of the fee-share
fisheries to which each of such products pertains; except that,
each fish seller in the reduction fishery and in each of the
fee-share fisheries shall pay the fees required by the
reduction loan sub-amounts allocated to it under this
paragraph; except that, the Secretary may enter into agreements
with Washington, Oregon, and California to collect any fees
established under this paragraph.
(h) Notwithstanding 46 U.S.C. App. 1279(b)(4), the
reduction loan's term shall not be less than 30 years.
(i) It is the sense of the Congress that the States of
Washington, Oregon, and California should revoke all
relinquishment permits in each of the fee-share fisheries
immediately after reduction payment, and otherwise to implement
appropriate State fisheries management and conservation
provisions in each of the fee-share fisheries that establishes
a program that meets the requirements of 16 U.S.C.
141861a(b)(1)(B) as if it were applicable to fee-share
fisheries.
(j) The term ``fee-share fishery'' means a fishery, other
than the reduction fishery, whose members are eligible to vote
in a referendum for an industry fee system under paragraph (c).
The term ``reduction fishery'' means that portion of a fishery
holding limited entry fishing permits endorsed for the
operation of trawl gear and issued under the Federal Pacific
Coast Groundfish Fishery Management Plan.
Sec. 213. (a) The National Oceanic and Atmospheric
Administration is authorized to enter into a lease arrangement
whereby the National Oceanic and Atmospheric Administration
will relocate the National Weather Service Forecasting Office
in Galveston County, League City, Texas to a Galveston County
facility and, in exchange, Galveston County may use the
existing National Oceanic and Atmospheric Administration
National Weather Service Forecasting Office.
(b) Neither the National Oceanic and Atmospheric
Administration National Weather Service nor Galveston County
will charge the other rent for use of the space and each will
be responsible for the operation, maintenance and renovation
costs it incurs.
Sec. 214. (a) Hereafter, habitat conservation activities,
enforcement and surveillance--cooperative enforcement and
vessel monitoring, stock assessments--data collection, and
highly migratory shark fishery research underthe heading,
``National Oceanic and Atmospheric Administration, Operations, Research
and Facilities'', shall be considered to be within the ``Coastal
Assistance sub-category'' in section 250(c)(4)(K) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
(b) For fiscal year 2004 and thereafter, response and
restoration activities, Cooperative Research, Protected Species
activities, Endangered Species Act--Marine Mammals, Sea Turtles
and Other Species, Endangered Species Act--Right Whales, Marine
Mammal Protection, and Sea Grant (except for the fellowship
program) under the heading, ``National Oceanic and Atmospheric
Administration, Operations, Research, and Facilities'', shall
be considered to be within the ``Coastal Assistance sub-
category'' in section 250(c)(4)(K) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
(c) All references to outlays in title VIII of Public Law
106-291 are repealed.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 2003''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance, and
operation of an automobile for the Chief Justice, not to exceed
$10,000 for the purpose of transporting Associate Justices, and
hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be
expended as the Chief Justice may approve, $45,743,000.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect as authorized by law, $41,626,000, which shall
remain available until expended.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $20,313,000.
United States Court of International Trade
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$13,687,000.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $3,800,000,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,784,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
DEFENDER SERVICES
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under the
Criminal Justice Act of 1964, as amended; the compensation and
reimbursement of expenses of persons furnishing investigative,
expert and other services under the Criminal Justice Act of
1964 (18 U.S.C. 3006A(e)); the compensation (in accordance with
Criminal Justice Act maximums) and reimbursement of expenses of
attorneys appointed to assist the court in criminal cases where
the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians
ad litem acting on behalf of financially eligible minor or
incompetent offenders in connection with transfers from the
United States to foreign countries with which the United States
has a treaty for the execution of penal sentences; the
compensation of attorneys appointed to represent jurors in
civil actions for the protection of their employment, as
authorized by 28 U.S.C. 1875(d); and for necessary training and
general administrative expenses, $538,461,000, to remain
available until expended.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),
$54,636,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the
daily equivalent of the highest rate payable under section 5332
of title 5, United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for,
incident to providing protective guard services for United
States courthouses and the procurement, installation, and
maintenance of security equipment for United States courthouses
and other facilities housing Federal court operations,
including building ingress-egress control, inspection of mail
and packages, directed security patrols, and other similar
activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$268,400,000, of which not to exceed $10,000,000 shall remain
available until expended, to be expended directly or
transferred to the United States Marshals Service, which shall
be responsible for administering the Judicial Facility Security
Program consistent with standards or guidelines agreed to by
the Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $63,500,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $20,856,000; of which
$1,800,000 shall remain available through September 30, 2004,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $27,700,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$5,200,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$2,400,000.
United States Sentencing Commission
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$12,090,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this
Act may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services'' and ``Courts of
Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts, courts
of appeals, and other judicial services shall be available for
official reception and representation expenses of the Judicial
Conference of the United States: Provided, That such available
funds shall not exceed $11,000 and shall be administered by the
Director of the Administrative Office of the United States
Courts in the capacity as Secretary of the Judicial Conference.
This title may be cited as the ``Judiciary Appropriations
Act, 2003''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and classification
laws, of persons on a temporary basis (not to exceed $700,000
of this appropriation), as authorized by section 801 of the
United States Information and Educational Exchange Act of 1948,
as amended; representation to certain international
organizations in which the United States participates pursuant
to treaties ratified pursuant to the advice and consent of the
Senate or specific Acts of Congress; arms control,
nonproliferation and disarmament activities as authorized;
acquisition by exchange or purchase of passenger motor vehicles
as authorized by law; and for expenses of general
administration, $3,269,258,000: Provided, That, of the amount
made available under this heading, not to exceed $4,000,000 may
be transferred to, and merged with, funds in the ``Emergencies
in the Diplomatic and Consular Service'' appropriations
account, to be available only for emergency evacuations and
terrorism rewards: Provided further, That, of the amount made
available under this heading, $292,693,000 shall be available
only for public diplomacy international information programs:
Provided further, That, of the amount made available under this
heading, $500,000 shall be available only for grants to the
participating organizations in the War Against Trafficking
Alliance for activities and services related to preparation,
execution and follow-up for an international conference on sex
trafficking: Provided further, That the Secretary shall appoint
an advisory panel, reporting directly to the Secretary, to
assess policy goals and program priorities with regard to
United States relations with the countries of Sub-Saharan
Africa and to advise the Secretary of any related findings and
recommendations: Provided further, That this panel shall not be
considered to be a Federal advisory committee for purposes of
the Federal Advisory Committee Act (5 U.S.C. App): Provided
further, That funds available under this heading may be
available for a United States Government interagency task force
to examine, coordinate and oversee U.S. participation in the
United Nations headquarters renovation project: Provided
further, That no funds may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China unless, at least
15 days in advance, the Committees on Appropriations of the
House of Representatives and the Senate are notified of such
proposed action.
In addition, not to exceed $1,343,000 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in accordance
with section 4 of the International Center Act, as amended; in
addition, as authorized by section 5 of such Act, $490,000, to
be derived from the reserve authorized by that section, to be
used for the purposes set out in that section; in addition, as
authorized by section 810 of the United States Information and
Educational Exchange Act, not to exceed $6,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from English teaching,
library, motion pictures, and publication programs and from
fees from educational advising and counseling and exchange
visitor programs; and, in addition, not to exceed $15,000,
which shall be derived from reimbursements, surcharges, and
fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$553,000,000, to remain available until expended.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$183,311,000, to remain available until expended, as
authorized: Provided, That section 135(e) of Public Law 103-236
shall not apply to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$29,264,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980, as amended (Public Law 96-465), as it
relates to post inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized, $245,306,000, to remain available until
expended: Provided, That not to exceed $2,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized.
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $6,485,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $11,000,000, to remain available until
September 30, 2004.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300),
preserving, maintaining, repairing, and planning for buildings
that are owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the Harry
S Truman Building, and carrying out the Diplomatic Security
Construction Program as authorized, $508,500,000, to remain
available until expended as authorized, of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $755,000,000, to
remain available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $6,500,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to and merged with the Repatriation Loans
Program Account, subject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $612,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974. In addition, for administrative expenses
necessary to carry out the direct loan program, $607,000, which
may be transferred to and merged with the Diplomatic and
Consular Programs account under Administration of Foreign
Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8, $18,450,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $138,200,000.
International Organizations and Conferences
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $866,000,000: Provided, That any payment of
arrearages under this title shall be directed toward special
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph
shall be available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings: Provided further, That funds
appropriated under this paragraph may be obligated and expended
to pay the full United States assessment to the civil budget of
the North Atlantic Treaty Organization.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$673,710,000, of which 15 percent shall remain available until
September 30, 2004: Provided, That none of the funds made
available under this Act shall be obligated or expended for any
new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable): (1) the
Committees on Appropriations of the House of Representatives
and the Senate and other appropriate committees of the Congress
are notified of the estimated cost and length of the mission,
the vital national interest that will be served, and the
planned exit strategy; and (2) a reprogramming of funds
pursuant to section 605 of this Act is submitted, and the
procedures therein followed, setting forth the source of funds
that will be used to pay for the cost of the new or expanded
mission: Provided further, That funds shall be available for
peacekeeping expenses only upon a certification by the
Secretary of State to the appropriate committees of the
Congress that American manufacturers and suppliers are being
given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers:
Provided further, That none of the funds made available under
this heading are available to pay the United States share of
the cost of court monitoring that is part of any United Nations
peacekeeping mission.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$25,482,000.
CONSTRUCTION
For detailed plan preparation and construction of
authorized projects, $5,450,000, to remain available until
expended, as authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border EnvironmentCooperation Commission as authorized by
Public Law 103-182, $9,472,000, of which not to exceed $9,000 shall be
available for representation expenses incurred by the International
Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$17,100,000: Provided, That the United States' share of such
expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324.
Other
Payment to the Asia Foundation
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), as amended, $10,444,000,
to remain available until expended, as authorized.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2003, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for
personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2003, to remain
available until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $18,000,000, of which $2,500,000
shall remain available until expended: Provided, That none of
the funds appropriated herein shall be used to pay any salary,
or enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endowment
for Democracy Act, $42,000,000, to remain available until
expended.
RELATED AGENCY
Broadcasting Board of Governors
International Broadcasting Operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, $468,898,000, of which not to exceed
$16,000 may be used for official receptions within the United
States as authorized, not to exceed $35,000 may be used for
representation abroad as authorized, and not to exceed $39,000
may be used for official reception and representation expenses
of Radio Free Europe/Radio Liberty; and in addition,
notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from
cooperating international organizations, and not to exceed
$1,000,000 in receipts from privatization efforts of the Voice
of America and the International Broadcasting Bureau, to remain
available until expended for carrying out authorized purposes.
BROADCASTING TO CUBA
For necessary expenses to enable the Broadcasting Board of
Governors to carry out broadcasting to Cuba, including the
purchase, rent, construction, and improvement of facilities for
radio and television transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception, $24,996,000, to remain
available until expended.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized,
$12,740,000, to remain available until expended, as authorized.
General Provisions--Department of State and Related Agency
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United
States Code; for services as authorized by 5 U.S.C. 3109; and
for hire of passenger transportation pursuant to 31 U.S.C.
1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers:
Provided further, That any transfer pursuant to this section
shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
Sec. 403. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board of
Governors to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
Sec. 404. For the purposes of registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary of State shall, upon request of the citizen, record
the place of birth as Israel.
Sec. 405. (a) Within 90 days of enactment of this Act, the
Secretary of the Navy shall transfer, without compensation, to
the Secretary of State administrative jurisdiction over the
parcels of real property, together with any improvements
thereon, consisting in aggregate of approximately 10 acres at
Naval Base, Charleston, South Carolina, described in subsection
(b).
(b) The parcels of real property described in this
subsection are as follows:
(1) A parcel bounded by Holland Street, Dyess
Avenue, and Hobson Avenue to the entrance way
immediately west of Building 202.
(2) A parcel bounded on the north by Dyess Avenue
comprising Building 644.
(c) The transfer of jurisdiction of real property under
subsection (a) shall not effect the validity or term of any
lease with respect to such real property in effect as of the
date of the transfer.
(d) The Secretary of State shall use the property
transferred under subsection (a) for support of diplomatic and
consular operations.
(e) The exact acreage and legal description of the property
transferred under subsection (a) shall be determined by a
survey satisfactory to the Secretary of the Navy.
(f) The Secretary of the Navy may require such additional
terms and conditions in connection with the transfer of
property under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
Sec. 406. (a) The Interagency Task Force to Monitor and
Combat Trafficking shall establish a Senior Policy Operating
Group.
(b) The Operating Group shall consist of the senior
officials designated as representatives of the appointed
members of the President's Interagency Task Force to Monitor
and Combat Trafficking in Persons (established under Executive
Order 13257 of February 13, 2002).
(c) The Operating Group shall coordinate agency activities
regarding policies (including grants and grant policies)
involving the international trafficking in persons and the
implementation of this division.
(d) The Operating Group shall fully share information
regarding agency plans, before and after final agency decisions
are made, on all matters regarding grants, grant policies, and
other significant actions regarding the international
trafficking of persons and the implementation of this division.
(e) The Operating Group shall be chaired by the Director of
the Office to Monitor and Combat Trafficking of the Department
of State.
(f) The Operating Group shall meet on a regular basis at
the call of the chair.
This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 2003''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $98,700,000, to remain available until September
30, 2005.
OPERATIONS AND TRAINING
For necessary expenses of operations and training
activities authorized by law, $92,696,000, of which $13,000,000
shall remain available until expended for capital improvements
at the United States Merchant Marine Academy.
SHIP DISPOSAL
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $11,161,000, to remain available until
expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
For administrative expenses to carry out the guaranteed
loan program, not to exceed $4,126,000, which shall be
transferred to and merged with the appropriation for Operations
and Training.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration, and payments
received therefore shall be credited to the appropriation
charged with the cost thereof: Provided, That rental payments
under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into
the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the appropriations
and limitations contained in this Act or in any prior
appropriation Act.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $499,000, as authorized by section
1303 of Public Law 99-83.
Commission on Civil Rights
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,096,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days.
Commission on International Religious Freedom
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $2,884,000, to remain available until expended.
Commission on Ocean Policy
SALARIES AND EXPENSES
For the necessary expenses of the Commission on Ocean
Policy, $2,000,000, to remain available until expended.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$1,582,000, to remain available until expended as authorized by
section 3 of Public Law 99-7.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$1,380,000, including not more than $3,000 for the purpose of
official representation, to remain available until expended.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the
Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); non-monetary awards to private citizens; and not to
exceed $33,000,000 for payments to State and local enforcement
agencies for services to the Commission pursuant to title VII
of the Civil Rights Act of 1964, as amended, sections 6 and 14
of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$308,822,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,500 from available funds.
Federal Communications Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase and hire of motor vehicles;
special counsel fees; and services as authorized by 5 U.S.C.
3109, $271,000,000, of which not to exceed $300,000 shall
remain available until September 30, 2004, for research and
policy studies: Provided, That $269,000,000 of offsetting
collections shall be assessed and collected pursuant to section
9 of title I of the Communications Act of 1934, as amended, and
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2003 so as to result in a final fiscal year 2003
appropriation estimated at $2,000,000: Provided further, That
any offsetting collections received in excess of $269,000,000
in fiscal year 2003 shall remain available until expended, but
shall not be available for obligation until October 1, 2003.
Federal Maritime Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, $16,700,000:
Provided, That not to exceed $2,000 shall be available for
official reception and representation expenses.
Federal Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; not to exceed $2,000 for official
reception and representation expenses, $176,608,000, to remain
available until expended: Provided, That not to exceed $300,000
shall be available for use to contract with a person or persons
for collection services in accordance with the terms of 31
U.S.C. 3718, as amended: Provided further, That,
notwithstanding any other provision of law, not to exceed
$168,100,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection, and offsetting
collections derived from fees sufficient to implement and
enforce the do-not-call provisions of the Telemarketing Sales
Rule, 16 C.F.R. Part 310, promulgated under the Telephone
Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et
seq.), estimated at $18,100,000, shall be collected pursuant to
this authority:Provided further, That all offsetting
collections shall be credited to this appropriation, used for necessary
expenses, and remain available until expended: Provided further, That
the sum herein appropriated from the general fund shall be reduced as
such offsetting collections are received during fiscal year 2003, so as
to result in a final fiscal year 2003 appropriation from the general
fund estimated at not more than $8,508,000: Provided further, That none
of the funds made available to the Federal Trade Commission shall be
available for obligation for expenses authorized by section 151 of the
Federal Deposit Insurance Corporation Improvement Act of 1991 (Public
Law 102-242; 105 Stat. 2282-2285).
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974, as
amended, $338,848,000, of which $9,500,000 is to provide
supplemental funding for basic field programs, and related
administration, for service areas (including a merged or
reconfigured service area) that will receive less funding under
the Legal Services Corporation Act for fiscal year 2003 than
the area received for fiscal year 2002, due to use of data from
the 2000 Census, and of which $310,048,000 is for basic field
programs and required independent audits; $2,600,000 is for the
Office of Inspector General, of which such amounts as may be
necessary may be used to conduct additional audits of
recipients; $13,300,000 is for management and administration;
and $3,400,000 is for client self-help and information
technology.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2002 and 2003, respectively, and
except that section 501(a)(1) of Public Law 104-134 (110 Stat.
1321-51, et seq.) shall not apply to the use of the $9,500,000
to address loss of funding due to Census-based reallocations.
Marine Mammal Commission
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission,
$3,050,000, of which $500,000 shall remain available until
September 30, 2004.
National Veterans Business Development Corporation
For necessary expenses of the National Veterans Business
Development Corporation as authorized under section 33(a) of
the Small Business Act, as amended, $2,000,000.
Securities and Exchange Commission
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,000
for official reception and representation expenses,
$716,350,000; of which not to exceed $10,000 may be used toward
funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of
their delegations, appropriate representatives and staff to
exchange views concerning developments relating to securities
matters, development and implementation of cooperation
agreements concerning securities matters and provision of
technical assistance for the development of foreign securities
markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff
and foreign invitees in attendance at such consultations and
meetings including: (1) such incidental expenses as meals taken
in the course of such attendance; (2) any travel and
transportation to or from such meetings; and (3) any other
related lodging or subsistence: Provided, That fees and charges
authorized by sections 6(b) of the Securities Exchange Act of
1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and
78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed $716,350,000
of such offsetting collections shall be available until
expended for necessary expenses of this account: Provided
further, That the total amount appropriated under this heading
from the general fund for fiscal year 2003 shall be reduced as
such offsetting fees are received so as to result in a final
total fiscal 2003 appropriation from the general fund estimated
at not more than $0.
Small Business Administration
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law 105-
135, including hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for
official reception and representation expenses, $314,457,000:
Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan servicing activities:
Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to
this account, to be available for carrying out these purposes
without further appropriations: Provided further, That
$89,000,000 shall be available to fund grants for performance
in fiscal year 2003 or fiscal year 2004 as authorized.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $12,422,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $3,726,000, to be available
until expended; and for the cost of guaranteed loans,
$85,360,000, as authorized by 15 U.S.C. 631 note, of which
$45,000,000 shall remain available until September 30, 2004:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That during
fiscal year 2003 commitments to guarantee loans under section
503 of the SmallBusiness Investment Act of 1958, as amended,
shall not exceed $4,500,000,000, as provided under section
20(h)(1)(B)(ii) of the Small Business Act: Provided further, That
during fiscal year 2003 commitments for general business loans
authorized under section 7(a) of the Small Business Act, as amended,
shall not exceed $10,000,000,000 without prior notification of the
Committees on Appropriations of the House of Representatives and Senate
in accordance with section 605 of this Act: Provided further, That
during fiscal year 2003 commitments to guarantee loans for debentures
and participating securities under section 303(b) of the Small Business
Investment Act of 1958, as amended, shall not exceed the levels
established by section 20(i)(1)(C) of the Small Business Act.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $129,000,000, which may be
transferred to and merged with the appropriations for Salaries
and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b) of
the Small Business Act, as amended, $73,140,000, to remain
available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as
amended.
In addition, for administrative expenses to carry out the
direct loan program, $118,354,000, which may be transferred to
and merged with appropriations for Salaries and Expenses, of
which $500,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan program and shall be
transferred to and merged with appropriations for the Office of
Inspector General; of which $108,000,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program; and of which $9,854,000 is for
indirect administrative expenses: Provided, That any amount in
excess of $9,854,000 to be transferred to and merged with
appropriations for Salaries and Expenses for indirect
administrative expenses shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of
1992 (Public Law 102-572; 106 Stat. 4515-4516), $3,000,000:
Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2003, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the
Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2003, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects (including construction
projects), or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of
personnel by 10 percent as approved by Congress; or (3) results
from any general savings from a reduction in personnel which
would result in a change in existing programs, activities, or
projects as approved by Congress; unless the Appropriations
Committees of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels for
the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a
notice describing the statement made in subsection (a) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined
by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription, or
any inscription with the same meaning, to any product sold in
or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harassment
based on religion, when it is made known to the Federal entity
or official to which such funds are made available that such
guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
Sec. 609. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds: (1) that the United Nations undertaking is a
peacekeeping mission; (2) that such undertaking will involve
United States Armed Forces under the command or operational
control of a foreign national; and (3) that the President's
military advisors have not submitted to the President a
recommendation that such involvement is in the national
security interests of the United States and the President has
not submitted to the Congress such a recommendation.
Sec. 610. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 609 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal
year 2003.
Sec. 611. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to
implement, enforce, or otherwise abide by the Memorandum of
Agreement signed by the Federal Trade Commission and the
Antitrust Division of the Department of Justice on March 5,
2002.
Sec. 612. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 613. Of the funds appropriated in this Act under the
heading ``Office of Justice Programs--State and Local Law
Enforcement Assistance'', not more than 90 percent of the
amount to be awarded to an entity under the Local Law
Enforcement Block Grant shall be made available to such an
entity when it is made known to the Federal official having
authority to obligate or expend such funds that the entity that
employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968) does not provide such a public safety
officer who retires or is separated from service due to injury
suffered as the direct and proximate result of a personal
injury sustained in the line of duty while responding to an
emergency situation or a hot pursuit (as such terms are defined
by State law) with the same or better level of health insurance
benefits at the time of retirement or separation as they
received while on duty.
Sec. 614. Hereafter, none of the funds provided by this Act
shall be available to promote the sale or export of tobacco or
tobacco products, or to seek the reduction or removal by any
foreign country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not applied
equally to all tobacco or tobacco products of the same type.
Sec. 615. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999, as amended.
(b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2003.
Sec. 616. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for: (1) the
implementation of any tax or fee in connection with the
implementation of 18 U.S.C. 922(t); and (2) any system to
implement 18 U.S.C. 922(t) that does not require and result in
the destruction of any identifying information submitted by or
on behalf of any person who has been determined not to be
prohibited from owning a firearm.
Sec. 617. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under 42
U.S.C. 10601 in any fiscal year in excess of $600,000,000 shall
not be available for obligation until the following fiscal
year, with the exception of emergency appropriations made
available by Public Law 107-38 and transferred to the Fund.
Sec. 618. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs ofstudents
who participate in programs for which financial assistance is provided
from those funds, or of the parents or legal guardians of such
students.
Sec. 619. None of the funds appropriated or otherwise made
available to the Department of State and the Department of
Justice shall be available for the purpose of granting either
immigrant or nonimmigrant visas, or both, consistent with the
Secretary's determination under section 243(d) of the
Immigration and Nationality Act, to citizens, subjects,
nationals, or residents of countries that the Attorney General
has determined deny or unreasonably delay accepting the return
of citizens, subjects, nationals, or residents under that
section: Provided, That the Attorney General shall notify the
Secretary of State in every instance when a foreign country
denies or unreasonably delays accepting an alien who is a
citizen, subject, national, or resident of that country after
the Attorney General asks whether the Government will accept
the alien under section 243 of the Immigration and Nationality
Act.
Sec. 620. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a prisoner.
Sec. 621. (a) Hereafter, none of the funds appropriated by
this Act may be used by Federal prisons to purchase cable
television services, to rent or purchase videocassettes,
videocassette recorders, or other audiovisual or electronic
equipment used primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment
for inmate training, religious, or educational programs.
Sec. 622. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 623. Of the funds appropriated in this Act for the
Departments of Commerce, Justice, and State, the Judiciary, and
the Small Business Administration, $100,000 shall be available
to each Department or agency only to implement telecommuting
programs: Provided, That, six months after the date of
enactment of this Act and every six months thereafter, each
Department or agency shall provide a report to the Committees
on Appropriations on the status of telecommuting programs,
including the number of Federal employees eligible for, and
participating in, such programs: Provided further, That each
Department or agency shall designate a ``Telework Coordinator''
to be responsible for overseeing the implementation of
telecommuting programs and serve as a point of contact on such
programs for the Committees on Appropriations.
Sec. 624. The paragraph under the heading ``Small Business
Administration--Business Loans Program Account'' in chapter 2
of division B of Public Law 107-117 (115 Stat. 2297) is amended
by inserting ``or section 7(a) of the Small Business Act (15
U.S.C. 636(a))'' after ``September 11, 2001''.
Sec. 625. For additional amounts under the heading ``Small
Business Administration, Salaries and Expenses'', $2,000,000
shall be available for a grant to the Innovation and
Commercialization Center; $2,000,000 shall be available for the
Mississippi State University MAF/TIGER database project;
$1,000,000 shall be for the Black Hills Rural Tourism Marketing
Program; $1,500,000 shall be for the Center for Tourism
Research; $3,125,000 shall be for the National Inventor's Hall
of Fame; $3,175,000 shall be for the Boston Museum of Science;
$2,000,000 shall be for the Tuck School and Minority Business
Development Agency Partnership; $2,000,000 shall be for the
Oklahoma International Trade Processing Center; $300,000 shall
be for the Providence, Rhode Island Center for Women and
Enterprise; $500,000 shall be for the Ogontz Revitalization
Corporation; $500,000 shall be for the Idaho Virtual Incubator,
Phase III; $1,600,000 shall be for the Adelante grant; $300,000
shall be for the Immigration Services project in Iowa;
$2,000,000 shall be for the Microdevice Fabrication Facility;
$700,000 shall be for the Carvers Bay Library; $1,000,000 shall
be for technical upgrades for the Northwest Center for
Engineering, Science, and Technology; $200,000 shall be for the
Southern New Mexico High Technology Consortium; $1,000,000
shall be for the American Museum of Natural History; $200,000
shall be for the Program for International Education and
Training; $2,000,000 shall be available for a grant to the St.
Louis Enterprise Center in St. Louis County, Missouri to expand
programs, operations and facilities to assist in business
incubation; $400,000 shall be available for a grant for the
Promesa Enterprises to provide back office services and
infrastructure support to community-based organizations in the
Bronx, New York; $700,000 shall be available for a grant to the
New York City Department of Parks, working in conjunction with
Youth Ministries for Peace and Justice, for developing a
facility in New York City's Starlight Park; $300,000 shall be
available for a grant to the Urban Justice Center to provide
legal assistance to groups engaged in community development in
low-income neighborhoods; $650,000 shall be available for a
grant to CAP Services of Stevens Point, Wisconsin to purchase
and renovate property; $200,000 shall be available for a grant
for the Promesa Foundation in South Bronx, New York to provide
community growth funding; $400,000 shall be available for a
grant to the Lower East Side Girls Club of New York to provide
for facility development; $1,100,000 shall be available for a
grant to J.F. Drake State Technical College in Huntsville,
Alabama to construct and equip a media center in support of
local business needs; $1,100,000 shall be available for a grant
to the City of Los Angeles, California to develop a facility to
support downtown business development; $1,100,000 shall be
available for a grant to the MountainMade Foundation to fulfill
its charter purposes and to continue the initiative developed
by the NTTC for outreach and promotion, business and sites
development, the education of artists and craftspeople, and to
promote small businesses, artisans and their products through
market development, advertisement, commercial sale and other
promotional means; $700,000 shall be available fora grant to
Lord Fairfax Community College for workforce development programs;
$700,000 shall be available for a grant to the Village of Edgar,
Wisconsin to purchase and redevelop property as a small business park
to support local agriculture; $500,000 shall be available for a grant
to the West Virginia High Technology Consortium to develop a small
business commercialization grant program; $250,000 shall be available
for a grant to Johnstown Area Regional Industries in Pennsylvania to
develop small business technology centers; $250,000 shall be available
for a grant to the Economic Growth Connection of Westmoreland to
establish a Paperless Procurement grant program; $350,000 shall be
available for a grant to the Fayette County, Pennsylvania Community
Action Agency for the Republic Incubator Project; $1,000,000 shall be
available for a grant to the Shenandoah Valley Discovery Museum to
establish a new facility; $500,000 shall be available for a grant to
the University of Tennessee at Chattanooga for the Riverbend Technology
Institute for the technology incubator project; $500,000 shall be
available for a grant to the California State University, San
Bernardino for development of the Center for the Commercialization of
Advanced Technology; $1,000,000 shall be available for a grant to the
Rhode Island School of Design for the modernization of a building to
establish a small business incubator; $500,000 shall be available for a
grant to the University of Scranton to establish an Electronic Business
Technology Center; $500,000 shall be available for a grant to
Experience Works!, Incorporated for small business program activities;
$500,000 shall be available for a grant to Wilberforce University to
improve technology systems; $500,000 shall be available for a grant to
Millikin University for facilities development for the Business and
Technology Center; $500,000 shall be available for a grant to the
Michael J. Quill Irish Cultural and Sports Center for facilities
development; $2,600,000 shall be available for a grant to Iowa State
University for the development of a research park biologics facility;
$1,000,000 shall be available for a grant to the Southern Kentucky
Tourism Development Association for continuation of a regional tourism
promotion initiative; $450,000 shall be available for a grant to the
Bronx Council on the Arts to help promote stabilization of small arts
organizations; $500,000 shall be available for a grant to Southern
Kentucky Rehabilitation Industries for internal development; $250,000
shall be available for a grant to Johnstown Area Regional Industries in
Pennsylvania to continue the workforce development training program;
$500,000 shall be available for a grant to the City of Monticello,
Kentucky for commercial revitalization activities; $1,500,000 shall be
available for a grant to Shenandoah University to develop a historical
and tourism development facility; $500,000 shall be available for a
grant to the City of Merrill, Wisconsin to purchase and redevelop
industrial property to support economic growth; $2,500,000 shall be
available for a grant to the Virginia Community College System (VCCS)
for improvement of distance learning programs; $750,000 shall be
available for a grant to Soundview Community in Action for a technology
access and business improvement project; $100,000 shall be available
for a grant to the Gospel Rescue Ministries for facilities renovation;
$450,000 shall be available for a grant to the Pregones Theater in the
South Bronx, New York for construction improvements; $100,000 shall be
available for a grant to the Atoka Preservation Society for facility
restoration activities; $500,000 shall be available for a grant to the
Virginia Science Museum for marine science and other environmental
program activities at Belmont Bay; $500,000 shall be available for a
grant to the Infotonics Center of Excellence for small business
incubation activities; $500,000 shall be available for a grant to the
Chicago Field Museum to renovate and develop a facility; $500,000 shall
be available for a grant to the Cedarbridge Development Urban Renewal
Corporation for office complex development activities; and $500,000
shall be available for a grant to the City of Belvidere, Illinois to
establish a Small Business Agriculture-Technology Incubator and New Use
Economy Information Center: Provided, That Section 629 of Public Law
107-77 is amended with respect to a grant of: (1) $500,000 to Johnstown
Area Regional Industries for the High Technology Initiative and
Wireless/Digital Technology Program by deleting the word ``for'' after
``Industries'' and inserting the words ``to provide technical and
financial assistance under a High Technology Initiative and Wireless
Digital Technology Program.''; (2) $2,000,000 to the Los Angeles
Conservancy by adding the phrase ``, including the use of subgrants and
other forms of financial assistance'' after ``rebuilding and
revitalization.''; (3) $500,000 for a grant to Yonkers, New York by
deleting ``Yonkers, New York'' and inserting ``the Yonkers Industrial
Development Agency''; and (4) $450,000 to the Southern Kentucky
Rehabilitation Industries by deleting the words ``financial assistance
and small business development'' after ``for'' and inserting
``technology upgrades'': Provided further, That, any grant made by the
Small Business Administration to the MountainMade Foundation during
fiscal year 2002 or to the NTTC at Wheeling Jesuit University during
fiscal years 1998 through 2002 may be used by such entity to promote
small businesses and artisans, and their products, through market
development, advertisement, commercial sale, and other promotional
means: Provided further, That the preceding proviso shall apply to
promotional activities occurring on or after October 1, 1997.
Sec. 626. Any amounts previously appropriated for the Port
of Anchorage for an intermodal marine facility and access
thereto shall be transferred to and administered by the
Administrator for the Maritime Administration including non-
federal contributions. Such amounts shall be subject only to
conditions and requirements required by the Maritime
Administration.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$78,000,000 are rescinded.
Legal Activities
ASSET FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$50,874,000 are rescinded.
Immigration and Naturalization Service
IMMIGRATION EMERGENCY FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$580,000 are rescinded.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
COASTAL IMPACT ASSISTANCE
(RESCISSION)
Of the unobligated balances available under this heading,
$7,000,000 are rescinded.
Departmental Management
EMERGENCY OIL AND GAS GUARANTEED LOAN PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances available under this heading
from prior year appropriations, $920,000 are rescinded.
RELATED AGENCIES
Federal Communications Commission
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$5,700,000 are rescinded.
Small Business Administration
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading
from prior year appropriations, $13,750,000 are rescinded.
BUSINESS LOANS PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances available under this heading
from prior year appropriations, $10,500,000 are rescinded.
This division may be cited as the ``Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2003''.
DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2003
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the District of
Columbia and related agencies for the fiscal year ending
September 30, 2003, and for other purposes, namely:
TITLE I--FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $17,000,000, to remain available until
expended: Provided, That such funds, including any interest
accrued thereon, may be used on behalf of eligible District of
Columbia residents to pay an amount based upon the difference
between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each
year at eligible private institutions of higher education:
Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the
income and need of eligible students and such other factors as
may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the
Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer who
shall use those funds solely for the purposes of carrying out
the Resident Tuition Support Program: Provided further, That
the Resident Tuition Support Program Office and the Office of
the Chief Financial Officer shall provide a quarterly financial
report to the Committees on Appropriations of the House of
Representatives and Senate for these funds showing, by object
class, the expenditures made and the purpose therefor: Provided
further, That not more than seven percent of the total amount
appropriated for this program may be used for administrative
expenses.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
$15,000,000, to remain available until expended, to reimburse
the District of Columbia for the costs of public safety
expenses related to security events in the District of Columbia
and for the costs of providing support to respond to immediate
and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions: Provided, That any
amount provided under this heading shall be available only
after notice of its proposed use has been transmitted by the
President to Congress and such amount has been apportioned
pursuant to chapter 15 of title 31, United States Code:
Provided further, That the Office of Management and Budget
shall, in consultation with the United States Park Police, the
National Park Service, the Secret Service, the Federal Bureau
of Investigation, the United States Protective Service, the
Department of State, and the General Services Administration,
review the National Capital Planning Commission study on
``Designing for Security in the Nation's Capital'' and report
to the Committees on Appropriations of the House of
Representatives and Senate on the steps these agencies will
take to improve the appearance of security measures in the
District of Columbia in accordance with the National Capital
Planning Commission recommendations: Provided further, That the
report shall be submitted no later than April 11, 2003 and
shall include the recommendations of each agency.
Federal Payment for Hospital Bioterrorism Preparedness in the District
of Columbia
For a Federal payment to support hospital bioterrorism
preparedness in the District of Columbia, $10,000,000, of which
$5,000,000 shall be for the Children's National Medical Center
in the District of Columbia for the expansion of quarantine
facilities and the establishment of a decontamination facility,
and $5,000,000 shall be for the Washington Hospital Center for
construction of containment facilities.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia
Courts, $161,943,000, to be allocated as follows: for the
District of Columbia Court of Appeals, $8,551,000, of which not
to exceed $1,500 is for official reception and representation
expenses; for the District of Columbia Superior Court,
$81,339,000, of which not to exceed $1,500 is for official
reception and representation expenses; for the District of
Columbia Court System, $40,402,000, of which not to exceed
$1,500 is for official reception and representation expenses;
and $31,651,000 for capital improvements for District of
Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent
with the General Services Administration master plan study and
building evaluation report: Provided further, That
notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies, with payroll and financial services to be
provided on a contractual basis with the General Services
Administration (GSA), said services to include the preparation
of monthly financial reports, copies of which shall be
submitted directly by GSA to the President and to the
Committees on Appropriations of the House of Representatives
and Senate, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of
the Senate: Provided further, That funds made available for
capital improvements may remain available until September 30,
2004: Provided further, That 30 days after providing written
notice to the Committees on Appropriations of theHouse of
Representatives and Senate, the District of Columbia Courts may
reallocate not more than $1,000,000 of the funds provided under this
heading among the items and entities funded under such heading:
Provided further, That notwithstanding section 446 of the District of
Columbia Home Rule Act or any provision of subchapter III of chapter 13
of title 31, United States Code, the use of interest earned on the
Federal payment made to the District of Columbia Courts under the
District of Columbia Appropriations Act, 1998, by the Courts during
fiscal year 1998 shall not constitute a violation of such Act or such
subchapter.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice Act),
payments for counsel appointed in proceedings in the Family
Court of the Superior Court of the District of Columbia under
chapter 23 of title 16, D.C. Official Code, or pursuant to
contractual agreements to provide guardian ad litem
representation, training, technical assistance and/or such
other services as are necessary to improve the quality of
guardian ad litem representation, and payments for counsel
authorized under section 21-2060, D.C. Official Code (relating
to representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986), $17,100,000, to remain available until
expended: Provided, That $1,500,000 of this appropriation is to
provide guardians ad litem to abused and neglected children:
Provided further, That the funds provided in this Act under the
heading ``Federal Payment to the District of Columbia Courts''
(other than the $31,651,000 provided under such heading for
capital improvements for District of Columbia courthouse
facilities) may also be used for payments under this heading:
Provided further, That in addition to the funds provided under
this heading, the Joint Committee on Judicial Administration in
the District of Columbia shall use funds provided in this Act
under the heading ``Federal Payment to the District of Columbia
Courts'' (other than the $31,651,000 provided under such
heading for capital improvements for District of Columbia
courthouse facilities), to make payments described under this
heading for obligations incurred during any fiscal year:
Provided further, That funds provided under this heading shall
be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further,
That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided on
a contractual basis with the General Services Administration
(GSA), said services to include the preparation of monthly
financial reports, copies of which shall be submitted directly
by GSA to the President and to the Committees on Appropriations
of the House of Representatives and Senate, the Committee on
Government Reform of the House of Representatives, and the
Committee on Governmental Affairs of the Senate.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as authorized
by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $154,707,000, of which not to exceed
$2,000 is for official receptions related to offender and
defendant support programs; $95,682,000 shall be for necessary
expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision
of adults subject to protection orders or the provision of
services for or related to such persons; $23,070,000 shall be
transferred to the Public Defender Service; and $35,955,000
shall be available to the Pretrial Services Agency: Provided,
That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office
of Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided further, That notwithstanding
chapter 33 of title 40, United States Code, the Director may
acquire by purchase, lease, condemnation, or donation, and
renovate as necessary, Building Number 17, 1900 Massachusetts
Avenue, Southeast, Washington, District of Columbia to house or
supervise offenders and defendants, with funds made available
for this purpose in Public Law 107-96: Provided further, That
the Director is authorized to accept and use gifts in the form
of in-kind contributions of space and hospitality to support
offender and defendant programs, and equipment and vocational
training services to educate and train offenders and
defendants: Provided further, That the Director shall keep
accurate and detailed records of the acceptance and use of any
gift or donation under the previous proviso, and shall make
such records available for audit and public inspection.
Federal Payment to the District of Columbia Department of
Transportation
For a Federal payment to the District of Columbia
Department of Transportation, $1,000,000: Provided, That such
funds will be used to implement transportation systems
management initiatives and strategies recommended in the
October 2001 report by the Interagency Task Force of the
National Capital Planning Commission in coordination with the
National Capital Planning Commission.
Federal Payment to the Chief Financial Officer of the District of
Columbia
For a Federal payment to the Chief Financial Officer of the
District of Columbia, $40,300,000: Provided, That these funds
shall be available for the projects and in the amounts
specified in the statement of the managers on the conference
report accompanying this Act: Provided further, That each
entity that receives funding under this heading shall submit to
the Committees on Appropriations of the House of
Representatives and Senate a report due April 30, 2003, on the
activities carried out with such funds.
Federal Payment for Waterfront Improvements
For a Federal payment to the District of Columbia
Department of Housing and Community Development, $2,800,000 to
continue improvements on the historic Potomac Southwest
Waterfront: Provided, That the Department shall submit to the
Committees on Appropriations of the House of Representatives
and Senate a report due April 30, 2003, on the activities
carried out with such funds.
Federal Payment for Asbestos Remediation
For a Federal payment to the General Services
Administration (GSA), $1,000,000 to reimburse Fairfax County,
Virginia for the remediation of asbestos on the former site of
the Lorton Correctional Complex: Provided, That GSA shall
submit to the Committees on Appropriations of the House of
Representatives and Senate a report due April 30, 2003, on the
activities carried out with such funds.
Federal Payment to the Fire and Emergency Medical Services Department
For a Federal payment to the District of Columbia Fire and
Emergency Medical Services Department, $2,000,000 to repair,
renovate, and rehabilitate fire stations in need of capital
improvements: Provided, That the Department shall submit to the
Committees on Appropriations of the House of Representatives
and Senate a report due April 30, 2003, on the activities
carried out with such funds.
Federal Payment for Special Education
For a Federal payment to the District of Columbia Public
Education System, $3,000,000, to remain available until
expended to establish special education satellite facilities in
the District of Columbia.
Federal Payment for the Family Literacy Program
For a Federal payment to the District of Columbia,
$4,000,000 for the Family Literacy Program to address the needs
of literacy-challenged parents while endowing their children
with an appreciation for literacy and strengthening familial
ties.
Federal Payment to the District of Columbia Water and Sewer Authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $50,000,000, to remain available until
expended, to begin implementing the Combined Sewer Overflow
Long-Term Plan: Provided, That the District of Columbia Water
and Sewer Authority provides a 100 percent match for the fiscal
year 2003 Federal contribution.
Federal Payment for the Anacostia Waterfront Initiative in the District
of Columbia
For a Federal payment to the District of Columbia for
implementation of the Anacostia Waterfront Initiative,
$5,000,000, to remain available until expended, for
environmental and infrastructure costs related to development
of parks and recreation facilities on the Anacostia River.
Federal Payment to the District of Columbia for Capital Development
For a Federal payment to the District of Columbia for
capital development, $10,150,000, to remain available until
expended, of which $150,000 shall be for renovations at Eastern
Market and $10,000,000 shall be for the Unified Communications
Center.
Federal Payment to the District of Columbia for Public Charter School
Facilities
For a Federal payment to the District of Columbia for
public charter school facilities, $17,000,000, to remain
available until expended, of which $4,000,000 shall be used to
supplement the per pupil facilities allocation to public
charter schools in fiscal year 2003; $5,000,000 shall be for
the direct loan fund for charter school improvement; and
$8,000,000 shall be for the credit enhancement revolving fund.
TITLE II--DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia, except as otherwise specifically
provided: Provided, That notwithstanding any other provision of
law, except as provided in section 450A of the District of
Columbia Home Rule Act and section 119 of this Act (D.C.
Official Code, sec. 1-204.50a), the total amount appropriated
in this Act for operating expenses for the District of Columbia
for fiscal year 2003 under this heading shall not exceed the
lesser of the sum of the total revenues of the District of
Columbia for such fiscal year or $6,294,522,000 (of which
$3,618,411,000 shall be from local funds, $1,712,498,000 shall
be from Federal funds, and $873,313,000 shall be from other
funds): Provided further, That this amount may be increased by
proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs: Provided
further, That such increases shall be approved by enactment of
local District law and shall comply with all reserve
requirements contained in the District of Columbia Home Rule
Act as amended by this Act: Provided further, That the Chief
Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the
Chief Financial Officer of the appropriations and funds made
available to the District during fiscal year 2003, except that
the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
Governmental Direction and Support
Governmental direction and support, $307,173,000 (including
$207,971,000 from local funds, $80,854,000 from Federal funds,
and $18,348,000 from other funds): Provided, That not to exceed
$2,500 for the Mayor, $2,500 for the Chairman of the Council of
the District of Columbia, $2,500 for the City Administrator,
and $2,500 for the Office of the Chief Financial Officer shall
be available from this appropriation for official purposes:
Provided further, That any program fees collected from the
issuance of debt shall be available for the payment of expenses
of the debt management program of the District of Columbia:
Provided further, That no revenues from Federal sources shall
be used to support the operations or activities of the
Statehood Commission and Statehood Compact Commission: Provided
further, That the District of Columbia shall identify the
sources of funding for Admission to Statehood from its own
locally generated revenues: Provided further, That
notwithstanding any other provision of law, or Mayor's Order
86-45, issued March 18, 1986, the Office of the Chief
Technology Officer's delegated small purchase authority shall
be $500,000: Provided further, That the District of Columbia
government may not require the Office of the Chief Technology
Officer to submit to any other procurement review process, or
to obtain the approval of or be restricted in any manner by any
official or employee of the District of Columbia government,
for purchases that do not exceed $500,000: Provided further,
That not to exceed $500,000 of the funds in the District of
Columbia Antitrust Fund established pursuant to section 2 of
the District of Columbia Antitrust Act of 1980 (D.C. Law 3-169;
D.C. Official Code, sec. 28-4516), not to exceed $100,000 of
the funds in the Antifraud Fund established pursuant to section
820 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-308.20), and
not to exceed $910,000 of the funds in the District of Columbia
Consumer Protection Fund established pursuant to section 1402
of the District of Columbia Budget Support Act for fiscal year
2001 (D.C. Law 13-172; D.C. Official Code, sec. 28-3911) are
hereby made available for the use of the Office of the
Corporation Counsel of theDistrict of Columbia until September
30, 2004, in accordance with the laws establishing these funds.
Economic Development and Regulation
Economic development and regulation, $244,358,000
(including $56,872,000 from local funds, $97,796,000 from
Federal funds, and $89,690,000 from other funds), of which
$15,000,000 collected by the District of Columbia in the form
of BID tax revenue shall be paid to the respective BIDs
pursuant to the Business Improvement Districts Act of 1996
(D.C. Law 11-134; D.C. Official Code, sec. 2-1215.01 et seq.),
and the Business Improvement Districts Amendment Act of 1997
(D.C. Law 12-26; D.C. Official Code, sec. 2-1215.15 et seq.):
Provided, That such funds are available for acquiring services
provided by the General Services Administration: Provided
further, That Business Improvement Districts shall be exempt
from taxes levied by the District of Columbia: Provided
further, That $725,000, of which no amount may be expended for
administrative expenses, shall be available to the Department
of Employment Services when the Council Committee on Public
Services approves a spending plan prepared and submitted, by
the agency, to the Committee on Public Services for its
approval.
Public Safety and Justice
Public safety and justice, $622,531,000 (including
$602,678,000 from local funds, $11,329,000 from Federal funds,
and $8,524,000 from other funds): Provided, That not to exceed
$500,000 shall be available from this appropriation for the
Chief of Police for the prevention and detection of crime:
Provided further, That not less than $170,000 shall be for the
Corrections Information Council, established by section
11201(g) of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (D.C. Official Code, sec.
24-101(h)), to support its operations and perform its duties:
Provided further, That not less than $169,000 shall be for the
Criminal Justice Coordinating Council, established by the
Criminal Justice Coordinating Council for the District of
Columbia Establishment Act of 2001 (D.C. Law 14-28; D.C.
Official Code, sec. 22-4231 et seq.), to support its operations
and perform its duties: Provided further, That the Mayor shall
reimburse the District of Columbia National Guard for expenses
incurred in connection with services that are performed in
emergencies by the National Guard in a militia status and are
requested by the Mayor, in amounts that shall be jointly
determined and certified as due and payable for these services
by the Mayor and the Commanding General of the District of
Columbia National Guard: Provided further, That such sums as
may be necessary for reimbursement to the District of Columbia
National Guard under the preceding proviso shall be available
from this appropriation, and the availability of the sums shall
be deemed as constituting payment in advance for emergency
services involved.
Public Education System
(INCLUDING TRANSFERS OF FUNDS)
Public education system, including the development of
national defense education programs, $1,206,169,000 (including
$939,174,000 from local funds, $208,470,000 from Federal funds,
$31,525,000 from other funds, and not to exceed $27,000,000
from the Medicaid and Special Education Reform Fund established
pursuant to the Medicaid and Special Education Reform Fund
Establishment Act of 2002 (D.C. Act 14-403)), $17,000,000 from
local funds, previously appropriated in this Act as a Federal
payment, and such sums as may be derived from interest earned
on funds contained in the dedicated account established by the
Chief Financial Officer of the District of Columbia, for
resident tuition support at public and private institutions of
higher learning for eligible District of Columbia residents, to
be allocated as follows:
(1) District of columbia public schools.--
$902,936,000 (including $713,494,000 from local funds,
$150,800,000 from Federal funds, $11,642,000 from other
funds, and not to exceed $27,000,000 from the Medicaid
and Special Education Reform Fund established pursuant
to the Medicaid and Special Education Reform Fund
Establishment Act of 2002 (D.C. Act 14-403) shall be
available for District of Columbia Public Schools:
Provided, That notwithstanding any other provision of
law, rule, or regulation, the evaluation process and
instruments for evaluating District of Columbia Public
School employees shall be a non-negotiable item for
collective bargaining purposes: Provided further, That
this appropriation shall not be available to subsidize
the education of any nonresident of the District of
Columbia at any District of Columbia public elementary
and secondary school during fiscal year 2003 unless the
nonresident pays tuition to the District of Columbia at
a rate that covers 100 percent of the costs incurred by
the District of Columbia which are attributable to the
education of the nonresident (as established by the
Superintendent of the District of Columbia Public
Schools): Provided further, That notwithstanding the
amounts otherwise provided under this heading or any
other provision of law, there shall be appropriated to
the District of Columbia Public Schools on July 1,
2003, an amount equal to 10 percent of the total amount
provided for the District of Columbia Public Schools in
the proposed budget of the District of Columbia for
fiscal year 2004 (as submitted to Congress), and the
amount of such payment shall be chargeable against the
final amount provided for the District of Columbia
Public Schools under the District of Columbia
Appropriations Act, 2004: Provided further, That not to
exceed $2,500 for the Superintendent of Schools shall
be available from this appropriation for official
purposes.
(2) State education office.--$49,687,000 (including
$22,594,000 from local funds, $26,917,000 from Federal
funds, and $176,000 from other funds), shall be
available for the State Education Office: Provided,
That of the amountsprovided to the State Education
Office, $500,000 from local funds shall remain available until June 30,
2004 for an audit of the student enrollment of each District of
Columbia Public School and of each District of Columbia public charter
school.
(3) District of columbia public charter schools.--
$142,711,000 (including $125,711,000 from local funds
and $17,000,000 from Federal funds) shall be available
for District of Columbia public charter schools:
Provided, That there shall be quarterly disbursement of
funds to the District of Columbia public charter
schools, with the first payment to occur within 15 days
of the beginning of the fiscal year: Provided further,
That if the entirety of this allocation has not been
provided as payments to any public charter school
currently in operation through the per pupil funding
formula, the funds shall be available for public
education in accordance with section 2403(b)(2) of the
District of Columbia School Reform Act of 1995 (D.C.
Official Code, sec. 38-1804.03(b)(2)): Provided
further, That of the amounts made available to District
of Columbia public charter schools, $25,000 shall be
made available to the Office of the Chief Financial
Officer as authorized by section 2403(b)(5) of the
District of Columbia School Reform Act of 1995 (D.C.
Official Code, sec. 38-1804.03(b)(6)): Provided
further, That $589,000 of this amount shall be
available to the District of Columbia Public Charter
School Board for administrative costs: Provided
further, That notwithstanding the amounts otherwise
provided under this heading or any other provision of
law, there shall be appropriated to the District of
Columbia public charter schools on July 1, 2003, an
amount equal to 25 percent of the total amount provided
for payments to public charter schools in the proposed
budget of the District of Columbia for fiscal year 2004
(as submitted to Congress), and the amount of such
payment shall be chargeable against the final amount
provided for such payments under the District of
Columbia Appropriations Act, 2004.
(4) University of the district of columbia.--
$81,180,000 (including $49,462,000 from local funds,
$12,668,000 from Federal funds, and $19,050,000 from
other funds) shall be available for the University of
the District of Columbia: Provided, That this
appropriation shall not be available to subsidize the
education of nonresidents of the District of Columbia
at the University of the District of Columbia, unless
the Board of Trustees of the University of the District
of Columbia adopts, for the fiscal year ending
September 30, 2003, a tuition rate schedule that will
establish the tuition rate for nonresident students at
a level no lower than the nonresident tuition rate
charged at comparable public institutions of higher
education in the metropolitan area: Provided further,
That notwithstanding the amounts otherwise provided
under this heading or any other provision of law, there
shall be appropriated to the University of the District
of Columbia on July 1, 2003, an amount equal to 10
percent of the total amount provided for the University
of the District of Columbia in the proposed budget of
the District of Columbia for fiscal year 2004 (as
submitted to Congress), and the amount of such payment
shall be chargeable against the final amount provided
for the University of the District of Columbia under
the District of Columbia Appropriations Act, 2004:
Provided further, That not to exceed $2,500 for the
President of the University of the District of Columbia
shall be available from this appropriation for official
purposes.
(5) District of columbia public libraries.--
$27,363,000 (including $26,216,000 from local funds,
$610,000 from Federal funds, and $537,000 from other
funds) shall be available for the District of Columbia
Public Libraries: Provided, That not to exceed $2,000
for the Public Librarian shall be available from this
appropriation for official purposes.
(6) Commission on the arts and humanities.--
$2,292,000 (including $1,697,000 from local funds,
$475,000 from Federal funds, and $120,000 from other
funds) shall be available for the Commission on the
Arts and Humanities.
Human Support Services
(INCLUDING TRANSFER OF FUNDS)
Human support services, $2,451,818,000 (including
$1,002,284,000 from local funds, $1,373,680,000 from Federal
funds, $52,987,000 from other funds, and $22,867,000 from the
Medicaid and Special Education Reform Fund established pursuant
to the Medicaid and Special Education Reform Fund Establishment
Act of 2002 (D.C. Act 14-403)): Provided, That the funds
available from the Medicaid and Special Education Reform Fund
are allocated as follows: $7,072,000 for Child and Family
Services, $5,795,000 for the Department of Human Services, and
$10,000,000 for the Department of Mental Health: Provided
further, That $27,959,000 of this appropriation, to remain
available until expended, shall be available solely for
District of Columbia employees' disability compensation:
Provided further, That $7,000,000 of this appropriation, to
remain available until expended, shall be deposited in the
Addiction Recovery Fund, established pursuant to section 5 of
the Choice in Drug Treatment Act of 2000 (D.C. Law 13-146; D.C.
Official Code, sec. 7-3004) and used exclusively for the
purpose of the Drug Treatment Choice Program established
pursuant to section 4 of the Choice in Drug Treatment Act of
2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3003):
Provided further, That no less than $2,000,000 of this
appropriation shall be available exclusively for the purpose of
funding the pilot substance abuse program for youth ages 16
through 21 years established pursuant to section 4212 of the
Pilot Substance Abuse Program for Youth Act of 2001 (D.C. Law
14-28; D.C. Official Code, sec. 7-3101): Provided further, That
$3,209,000 of this appropriation, to remain available until
expended, shall be deposited in the Interim Disability
Assistance Fund established pursuant to section 201 of the
District of Columbia Public Assistance Act of 1982 (D.C. Law 4-
101; D.C. Official Code, sec. 4-202.01), to be used exclusively
for the Interim Disability Assistance program and the purposes
for that program set forth in section 407 of the District of
Columbia Public Assistance Act of 1982 (D.C. Law 13-252; D.C.
Official Code, sec. 4-204.07): Provided further, That no less
than $500,000 of this appropriation shall be available
exclusively for the Mobile Crisis Intervention Program for
Kids: Provided further, That the amount available under this
heading in Public Law 107-96 for Interim Disability Assistance
shall remain available until expended: Provided further, That
$37,500,000 in local funds, to remain available until expended,
shall be deposited in the Medicaid and Special Education Reform
Fund.
Public Works
Public works, including rental of one passenger-carrying
vehicle for use by the Mayor and three passenger-carrying
vehicles for use by the Council of the District of Columbia and
leasing of passenger-carrying vehicles, $320,357,000 (including
$304,363,000 from local funds, $5,669,000 from Federal funds,
and $10,325,000 from other funds): Provided, That this
appropriation shall not be available for collecting ashes or
miscellaneous refuse from hotels and places of business.
Reserve
For replacement of funds expended, if any, during fiscal
year 2002 from the budget reserve established pursuant to
section 202(j) of the District of Columbia Financial
Responsibility and Management Assistance Act of1995 (D.C.
Official Code, sec. 47-392.02(j)), $70,000,000 from local funds.
Emergency and Contingency Reserve Funds
For the emergency reserve fund and the contingency reserve
fund under section 450A of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.50a), such amounts from
local funds as are necessary to meet the fiscal year 2003
minimum balance requirements for such funds under such section.
Repayment of Loans and Interest
For payment of principal, interest, and certain fees
directly resulting from borrowing by the District of Columbia
to fund District of Columbia capital projects as authorized by
sections 462, 475, and 490 of the District of Columbia Home
Rule Act (D.C. Official Code, secs. 1-204.62, 1-204.75, and 1-
204.90), $260,951,000 from local funds: Provided, That for
equipment leases, the Mayor may finance $14,300,000 of
equipment cost, plus cost of issuance not to exceed two percent
of the par amount being financed on a lease purchase basis with
a maturity not to exceed five years.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general
fund accumulated deficit as of September 30, 1990, $39,300,000
from local funds, as authorized by section 461(a) of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.61(a)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $1,000,000
from local funds.
Certificates of Participation
For principal and interest payments on the District's
Certificates of Participation, issued to finance the ground
lease underlying the building located at One Judiciary Square,
$7,950,000 from local funds.
Settlements and Judgments
For making refunds and for the payment of legal settlements
or judgments that have been entered against the District of
Columbia government, $22,822,000: Provided, That this
appropriation shall not be construed as modifying or affecting
the provisions of section 103 of this Act.
Wilson Building
For expenses associated with the John A. Wilson Building,
$4,194,000 from local funds.
Workforce Investments
For workforce investments, $48,186,000 from local funds, to
be transferred by the Mayor of the District of Columbia within
the various appropriation headings in this Act for which
employees are properly payable.
Non-Departmental Agency
To account for anticipated costs that cannot be allocated
to specific agencies during the development of the proposed
budget, including anticipated employee health insurance cost
increases and contract security costs, $5,799,000 from local
funds.
Emergency Planning and Security Costs
For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
$15,000,000, from funds previously appropriated in this Act as
a Federal payment, to remain available until expended, to
reimburse the District of Columbia for the costs of public
safety expenses related to security events in the District of
Columbia and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the
District of Columbia or surrounding jurisdictions: Provided,
That any amount provided under this heading shall be available
only after notice of its proposed use has been transmitted by
the President to Congress and such amount has been apportioned
pursuant to chapter 15 of title 31, United States Code.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
For operation of the Water and Sewer Authority,
$253,743,000 from other funds, of which $43,800,000 shall be
apportioned for repayment of loans and interest incurred for
capital improvement projects ($18,094,000 payable to the
District's debt service fund and $25,706,000 payable for other
debt service).
For construction projects, $392,458,000, to be distributed
as follows: $213,669,000 for the Blue Plains Wastewater
Treatment Plant, $24,539,000 for the sewer program, $56,561,000
for the combined sewer program, $50,000,000 Federal payment for
the Combined Sewer Overflow Long-Term Plan, $5,635,000 for the
stormwater program, $34,054,000 for the water program, and
$8,000,000 for the capital equipment program: Provided, That
the requirements and restrictions that are applicable to
general fund capital improvement projects and set forth in this
Act under the Capital Outlay appropriation account shall apply
to projects approved under this appropriation account.
Washington Aqueduct
For operation of the Washington Aqueduct, $57,847,000 from
other funds.
Stormwater Permit Compliance Enterprise Fund
For operation of the Stormwater Permit Compliance
Enterprise Fund, $3,100,000 from other funds.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund,
established by the District of Columbia Appropriation Act,
1982, for the purpose of implementing the Law to Legalize
Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia (D.C. Law 3-
172; D.C. Official Code, sec. 3-1301 et seq. and sec. 22-1716
et seq.), $232,881,000: Provided, That the District of Columbia
shall identify the source of funding for this appropriation
title from the District's own locally generated revenues:
Provided further, That no revenues from Federal sources shall
be used to support the operations or activities of the Lottery
and Charitable Games Control Board.
Sports and Entertainment Commission
For the Sports and Entertainment Commission, $20,510,000,
of which $15,510,000 is from other funds and $5,000,000 is from
Federal funds appropriated earlier in this Act as a Federal
Payment for the Anacostia Waterfront Initiative.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established
pursuant to section 121 of the District of Columbia Retirement
Reform Act of 1979 (D.C. Official Code, sec. 1-711),
$13,388,000 from the earnings of the applicable retirement
funds to pay legal, management, investment, and other fees and
administrative expenses of the District of Columbia Retirement
Board: Provided, That the District of Columbia Retirement Board
shall provide to the Congress and to the Council of the
District of Columbia a quarterly report of the allocations of
charges by fund and of expenditures of all funds: Provided
further, That the District of Columbia Retirement Board shall
provide the Mayor, for transmittal to the Council of the
District of Columbia, an itemized accounting of the planned use
of appropriated funds in time for each annual budget submission
and the actual use of such funds in time for each annual
audited financial report.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund,
$78,700,000 from other funds.
National Capital Revitalization Corporation
For the National Capital Revitalization Corporation,
$6,745,000 from other funds.
Capital Outlay
(INCLUDING RESCISSIONS)
For construction projects, an increase of $925,011,000, of
which $555,097,000 shall be from local funds, $48,132,000 from
Highway Trust funds, and $321,782,000 from Federal funds, and a
rescission of $253,991,000 from local funds appropriated under
this heading in prior fiscal years, for a net amount of
$671,020,000, to remain available until expended: Provided,
That funds for use of each capital project implementing agency
shall be managed and controlled in accordance with all
procedures and limitations established under the Financial
Management System: Provided further, That all funds provided by
this appropriation title shall be available only for the
specific projects and purposes intended: Provided further, That
the District of Columbia Public Libraries shall allocate
capital funds, from existing resources, in fiscal year 2003 for
the planning and design of a new Francis Gregory Public
Library.
TITLE III--GENERAL PROVISIONS
Sec. 101. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall be
considered as the maximum amount that may be expended for said
purpose or object rather than an amount set apart exclusively
therefor.
Sec. 102. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor: Provided, That in the case of the
Council of the District of Columbia, funds may be expended with
the authorization of the Chairman of the Council.
Sec. 103. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government: Provided, That nothing contained in this
section shall be construed as modifying or affecting the
provisions of section 11(c)(3) of title XII of the District of
Columbia Income and Franchise Tax Act of 1947 (D.C. Official
Code, sec. 47-1812.11(c)(3)).
Sec. 104. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 105. No funds appropriated in this Act for the
District of Columbia government for the operation of
educational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encourage,
facilitate, or further partisan political activities. Nothing
herein is intended to prohibit the availability of school
buildings for the use of any community or partisan political
group during non-school hours.
Sec. 106. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the
District of Columbia government whose name, title, grade, and
salary are not available for inspection by the Committees on
Appropriations of the House of Representatives and Senate, the
Committee on Government Reform of the House of Representatives,
the Committee on Governmental Affairs of the Senate, and the
Council of the District of Columbia, or their duly authorized
representative.
Sec. 107. (a) Except as provided in subsection (b), no part
of this appropriation shall be used for publicity or propaganda
purposes or implementation of any policy including boycott
designed to support or defeat legislation pending before
Congress or any State legislature.
(b) The District of Columbia may use local funds provided
in this Act to carry out lobbying activities on any matter
other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or
voting representation in Congress for the District of
Columbia.
(c) Nothing in this section may be construed to prohibit
any elected official from advocating with respect to any of the
issues referred to in subsection (b).
Sec. 108. At the start of fiscal year 2003 and any
subsequent fiscal year, the Mayor shall develop an annual plan,
by quarter and by project, for capital outlay borrowings:
Provided, That within a reasonable time after the close of each
quarter, the Mayor shall report to the Council of the District
of Columbia and the Committees on Appropriations of the House
of Representatives and Senate the actual borrowings and
spending progress compared with projections.
Sec. 109. (a) None of the funds provided under this Act to
the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2003, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for an agency through a
reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or
responsibility center;
(3) establishes or changes allocations specifically
denied, limited or increased under this Act;
(4) increases funds or personnel by any means for
any program, project, or responsibility center for
which funds have been denied or restricted;
(5) reestablishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds
in excess of $1,000,000 or 10 percent, whichever is
less; or
(7) increases by 20 percent or more personnel
assigned to a specific program, project or
responsibility center;
unless the Committees on Appropriations of the House of
Representatives and Senate are notified in writing 30 days in
advance of the reprogramming.
(b) None of the local funds contained in this Act may be
available for obligation or expenditure for an agency through a
transfer of any local funds from one appropriation heading to
another unless the Committees on Appropriations of the House of
Representatives and Senate are notified in writing 30 days in
advance of the transfer, except that in no event may the amount
of any funds transferred exceed four percent of the local funds
in the appropriation.
Sec. 110. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this Act
shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law.
Sec. 111. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Official
Code, sec. 1-601.01 et seq.), enacted pursuant to section
422(3) of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1-204.22(3)), shall apply with respect to the
compensation of District of Columbia employees: Provided, That
for pay purposes, employees of the District of Columbia
government shall not be subject to the provisions of title 5,
United States Code.
Sec. 112. No later than 30 days after the end of the first
quarter of fiscal year 2003, the Mayor of the District of
Columbia shall submit to the Council of the District of
Columbia and the Committees on Appropriations of the House of
Representatives and Senate the new fiscal year 2003 revenue
estimates as of the end of such quarter. These estimates shall
be used in the budget request for fiscal year 2004. The
officially revised estimates at midyear shall be used for the
midyear report.
Sec. 113. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District of
Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C.
Official Code, sec. 2-303.03), except that the District of
Columbia government or any agency thereof may renew or extend
sole source contracts for which competition is not feasible or
practical, but only if the determination as to whether to
invoke the competitive bidding process has been made in
accordance with duly promulgated rules and procedures and has
been reviewed and certified by the Chief Financial Officer of
the District of Columbia.
Sec. 114. (a) In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 after the amounts appropriated to the District of
Columbia for the fiscal year involved have been paid to the
District of Columbia, the Mayor of the District of Columbia
shall pay to the Secretary of the Treasury, within 15 days
after receipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order:
Provided, That the sequestration percentage specified in the
order shall be applied proportionately to each of the Federal
appropriation accounts in this Act that are not specifically
exempted from sequestration by such Act.
(b) For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, the term ``program, project, and
activity'' shall be synonymous with and refer specifically to
each account appropriating Federal funds in this Act, and any
sequestration order shall be applied to each of the accounts
rather than to the aggregate total of those accounts: Provided,
That sequestration orders shall not be applied to any account
that is specifically exempted from sequestration by the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 115. (a)(1) An entity of the District of Columbia
government may accept and use a gift or donation during fiscal
year 2003 and any subsequent fiscal year if--
(A) the Mayor approves the acceptance and use of
the gift or donation (except as provided in paragraph
(2)); and
(B) the entity uses the gift or donation to carry
out its authorized functions or duties.
(2) The Council of the District of Columbia and the
District of Columbia courts may accept and use gifts without
prior approval by the Mayor.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance and
use of any gift or donation under subsection (a), and shall
make such records available for audit and public inspection.
(c) For the purposes of this section, the term ``entity of
the District of Columbia government'' includes an independent
agency of the District of Columbia.
(d) This section shall not apply to the District of
Columbia Board of Education, which may, pursuant to the laws
and regulations of the District of Columbia, accept and use
gifts to the public schools without prior approval by the
Mayor.
Sec. 116. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the offices
of United States Senator or United States Representative under
section 4(d) of the District of Columbia Statehood
Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, sec. 1-123).
Sec. 117. None of the funds appropriated under this Act
shall be expended for any abortion except where thelife of the
mother would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
Sec. 118. None of the Federal funds made available in this
Act may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official
Code, sec. 32-701 et seq.) or to otherwise implement or enforce
any system of registration of unmarried, cohabiting couples,
including but not limited to registration for the purpose of
extending employment, health, or governmental benefits to such
couples on the same basis that such benefits are extended to
legally married couples.
Sec. 119. (a) Notwithstanding any other provision of this
Act, the Mayor, in consultation with the Chief Financial
Officer of the District of Columbia may accept, obligate, and
expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this Act.
(b) No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to subsection (a)
until--
(1) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting forth
detailed information regarding such grant; and
(2) the Council within 15 calendar days after
receipt of the report submitted under paragraph (1) has
reviewed and approved the acceptance, obligation, and
expenditure of such grant.
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under
subsection (b)(2) or in anticipation of the approval or receipt
of a Federal, private, or other grant not subject to such
subsection.
(d) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed
information regarding all Federal, private, and other grants
subject to this section. Each such report shall be submitted to
the Council of the District of Columbia and to the Committees
on Appropriations of the House of Representatives and Senate
not later than 15 days after the end of the quarter covered by
the report.
Sec. 120. (a) Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of
the officer's or employee's official duties. For purposes of
this paragraph, the term ``official duties'' does not include
travel between the officer's or employee's residence and
workplace, except in the case of--
(1) an officer or employee of the Metropolitan
Police Department who resides in the District of
Columbia or is otherwise designated by the Chief of the
Department;
(2) at the discretion of the Fire Chief, an officer
or employee of the District of Columbia Fire and
Emergency Medical Services Department who resides in
the District of Columbia and is on call 24 hours a day;
(3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of
Columbia.
(b) The Chief Financial Officer of the District of Columbia
shall submit by March 1, 2003 an inventory, as of September 30,
2002, of all vehicles owned, leased or operated by the District
of Columbia government. The inventory shall include, but not be
limited to, the department to which the vehicle is assigned;
the year and make of the vehicle; the acquisition date and
cost; the general condition of the vehicle; annual operating
and maintenance costs; current mileage; and whether the vehicle
is allowed to be taken home by a District officer or employee
and if so, the officer or employee's title and resident
location.
Sec. 121. No officer or employee of the District of
Columbia government (including any independent agency of the
District of Columbia, but excluding the Office of the Chief
Technology Officer, the Office of the Chief Financial Officer
of the District of Columbia, and the Metropolitan Police
Department) may enter into an agreement in excess of $2,500 for
the procurement of goods or services on behalf of any entity of
the District government until the officer or employee has
conducted an analysis of how the procurement of the goods and
services involved under the applicable regulations and
procedures of the District government would differ from the
procurement of the goods and services involved under the
Federal supply schedule and other applicable regulations and
procedures of the General Services Administration, including an
analysis of any differences in the costs to be incurred and the
time required to obtain the goods or services.
Sec. 122. None of the funds contained in this Act may be
used for purposes of the annual independent audit of the
District of Columbia government for fiscal year 2003 unless--
(1) the audit is conducted by the Inspector General
of the District of Columbia, in coordination with the
Chief Financial Officer of the District of Columbia,
pursuant to section 208(a)(4) of the District of
Columbia Procurement Practices Act of 1985 (D.C.
Official Code, sec. 2-302.8); and
(2) the audit includes as a basic financial
statement a comparison of audited actual year-end
results with the revenues submitted in the budget
document for such year and the appropriations enacted
into law for such year using the format, terminology,
and classifications contained in the law making the
appropriations for the year and its legislative
history.
Sec. 123. (a) None of the funds contained in this Act may
be used by the District of Columbia Corporation Counsel or any
other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks
to require Congress to provide for voting representation in
Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 124. (a) None of the funds contained in this Act may
be used for any program of distributing sterile needles or
syringes for the hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds
contained in this Act and who carries out any program described
in subsection (a) shall account for all funds used for such
program separately from any funds contained in this Act.
Sec. 125. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on
the date of the enactment of this Act to pay the salary of any
chief financial officer of any office of the District of
Columbia government (including any independent agency of the
District of Columbia) who has not filed a certification with
the Mayor and the Chief Financial Officer of the District of
Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's agency
as a result of this Act (and the amendments made by this Act),
including any duty to prepare a report requested either in the
Act or in any of the reports accompanying the Act and the
deadline by which each report must be submitted. The Chief
Financial Officer of the District of Columbia shall provide to
the Committees on Appropriations of the House of
Representatives and Senate by the 10th day after the end of
each quarter a summary list showing each report, the due date,
and the date submitted to the Committees.
Sec. 126. (a) None of the funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to
legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 802) or any
tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.
Sec. 127. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive coverage
by health insurance plans, but it is the intent of Congress
that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious
beliefs and moral convictions.
Sec. 128. (a) If the Superior Court of the District of
Columbia or the District of Columbia Court of Appeals does not
make a payment described in subsection (b) prior to the
expiration of the 45-day period which begins on the date the
Court receives a completed voucher for a claim for the payment,
interest shall be assessed against the amount of the payment
which would otherwise be made to take into account the period
which begins on the day after the expiration of such 45-day
period and which ends on the day the Court makes the payment.
(b) A payment described in this subsection is--
(1) a payment authorized under section 11-2604 and
section 11-2605, D.C. Official Code (relating to
representation provided under the District of Columbia
Criminal Justice Act);
(2) a payment for counsel appointed in proceedings
in the Family Court of the Superior Court of the
District of Columbia under chapter 23 of title 16, D.C.
Official Code; or
(3) a payment for counsel authorized under section
21-2060, D.C. Official Code (relating to representation
provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney
Act of 1986).
(c) The chief judges of the Superior Court of the District
of Columbia and the District of Columbia Court of Appeals shall
establish standards and criteria for determining whether
vouchers submitted for claims for payments described in
subsection (b) are complete, and shall publish and make such
standards and criteria available to attorneys who practice
before such Courts.
(d) Nothing in this section shall be construed to require
the assessment of interest against any claim (or portion of any
claim) which is denied by the Court involved.
(e) This section shall apply with respect to claims
received by the Superior Court of the District of Columbia or
the District of Columbia Court of Appeals during fiscal year
2003 and any subsequent fiscal year.
Sec. 129. The Mayor of the District of Columbia shall
submit to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform
of the House of Representatives, and the Committee on
Governmental Affairs of the Senate quarterly reports addressing
the following issues--
(1) crime, including the homicide rate,
implementation of community policing, the number of
police officers on local beats, and the closing down of
open-air drug markets;
(2) access to substance and alcohol abuse
treatment, including the number of treatment slots, the
number of people served, the number of people on
waiting lists, and the effectiveness of treatment
programs;
(3) management of parolees and pre-trial violent
offenders, including the number of halfway house
escapes and steps taken to improve monitoring and
supervision of halfway house residents to reduce the
number of escapes to be provided in consultation with
the Court Services and Offender Supervision Agency for
the District of Columbia;
(4) education, including access to special
education services and student achievement to be
provided in consultation with the District of Columbia
Public Schools and the District of Columbia public
charter schools;
(5) improvement in basic District services,
including rat control and abatement;
(6) application for and management of Federal
grants, including the number and type of grants for
which the District was eligible but failed to apply and
the number and type of grants awarded to the District
but for which the District failed to spend the amounts
received; and
(7) indicators of child well-being.
Sec. 130. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer of the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Councilof the District of
Columbia a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted pursuant
to section 442 of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1-204.42), for all agencies of the District of Columbia
government for fiscal year 2003 that is in the total amount of the
approved appropriation and that realigns all budgeted data for personal
services and other-than-personal-services, respectively, with
anticipated actual expenditures.
Sec. 131. None of the funds contained in this Act may be
used to issue, administer, or enforce any order by the District
of Columbia Commission on Human Rights relating to docket
numbers 93-030-(PA) and 93-031-(PA).
Sec. 132. None of the Federal funds made available in this
Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
Sec. 133. In addition to any other authority to pay claims
and judgments, any department, agency, or instrumentality of
the District government may pay the settlement or judgment of a
claim or lawsuit in an amount less than $10,000, in accordance
with the Risk Management for Settlements and Judgments
Amendment Act of 2000 (D.C. Law 13-172; D.C. Official Code,
sec. 2-402).
Sec. 134. All funds from the Crime Victims Compensation
Fund, established pursuant to section 16 of the Victims of
Violent Crime Compensation Act of 1996 (D.C. Law 11-243; D.C.
Official Code, sec. 4-514) (``Compensation Act''), that are
designated for outreach activities pursuant to section 16(d)(2)
of the Compensation Act shall be deposited in the Crime Victims
Assistance Fund, established pursuant to section 16a of the
Compensation Act, for the purpose of outreach activities, and
shall remain available until expended.
Sec. 135. Notwithstanding any other law, the District of
Columbia Courts shall transfer to the general treasury of the
District of Columbia all fines levied and collected by the
Courts in cases charging Driving Under the Influence and
Driving While Impaired. The transferred funds shall remain
available until expended and shall be used by the Office of the
Corporation Counsel for enforcement and prosecution of District
traffic alcohol laws in accordance with section 10(b)(3) of the
District of Columbia Traffic Control Act (D.C. Official Code,
sec. 50-2201.05(b)(3)).
Sec. 136. Section 47-363(a-1) of the District of Columbia
Official Code is amended by adding at the end the following new
paragraph:
``(3)(A) After the adoption of the annual budget
for a fiscal year that is not a control year, no
reprogramming of amounts in the budget may occur
unless--
``(i) the Mayor submits a request for such
reprogramming to the Council and the Chief
Financial Officer of the District of Columbia;
``(ii) the Chief Financial Officer
transmits to the Council a statement certifying
the availability of funds for the reprogramming
and containing an analysis of the effect of the
reprogramming on the financial plan and budget
for the fiscal year; and
``(iii) the Council approves the request
after receiving the statement described in
clause (ii), but only if any additional
expenditures provided under the request are
offset by reductions in expenditures for
another activity.
``(B) If the Chief Financial Officer does not
transmit to the Council the statement described in
subparagraph (A)(ii) during the 15-day period which
begins on the date the Chief Financial Officer receives
the request for the reprogramming from the Mayor, the
Chief Financial Officer shall be deemed to have
transmitted the statement to the Council. Upon written
notice to the Mayor and Council, the Chief Financial
Officer may extend the time period to transmit the
statement and analysis to the Council, not to exceed 10
additional days.
``(C) In this paragraph, the term `control year'
has the meaning given such term in section 305(4) of
the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 (D.C. Official Code,
sec. 47-393(4)).''.
Sec. 137. From the local funds appropriated under this Act,
any agency of the District government may transfer to the
Office of Labor Relations and Collective Bargaining (OLRCB)
such amounts as may be necessary to pay for representation by
OLRCB in third-party cases, grievances, and dispute resolution,
pursuant to an intra-District agreement with OLRCB. These
amounts shall be available for use by OLRCB to reimburse the
cost of providing the representation.
Sec. 138. (a) Section 9001(1) of Title 5, United States
Code, is amended by adding before the period ``(other than an
employee of the District of Columbia Courts)''.
(b) Section 11-1726, District of Columbia Code, is amended
as follows:
(1) in subsection (b)(1), by adding at the end:
``(F) Chapter 90 (relating to long-term care
insurance).''.
(2) in subsection (c)(1), by adding at the end:
``(D) Chapter 90 (relating to long-term care
insurance).''.
Sec. 139. Of the amount appropriated as a Federal payment
to the District of Columbia Courts in the District of Columbia
Appropriations Act, 2002, that remain available through
September 30, 2003, $560,000 are hereby transferred to the
District of Columbia Child and Family Services Agency for child
abuse services.
Sec. 140. No later than June 2, 2003, the Comptroller
General shall prepare and submit to the Committees on
Appropriations of the House of Representatives and Senate, a
detailed analysis of the national effort to establish adequate
charter school facilities including a comparison to the efforts
in the District of Columbia.
Sec. 141. The Mayor of the District of Columbia and the
Chairman of the Council of the District of Columbia, in
consultation with the General Services Administration, shall
conduct an assessment of all buildings currently held in
surplus and those that might be made available withinone year
of the date of enactment of this Act: Provided, That such assessment
include a survey of the space available, a listing of appropriate uses,
a listing of potential occupants, and the renovations or construction
necessary to accommodate proposed uses: Provided further, That within
180 days of enactment, the Mayor shall report to the Committees on
Appropriations of the House of Representatives and Senate the findings
of such assessment along with a plan for occupying at least 50 percent
of the space available at the time such report is submitted: Provided
further, That assignments of space included in this plan shall be in
compliance with preferences outlined in the D.C. School Reform Act.
Sec. 142. The Mayor of the District of Columbia, in
administering funds provided under the heading ``Federal
Payment for Incentives for Adoption of Children'' in Public Law
106-113, as modified by Public Law 107-96, shall establish and
fulfill the following performance measures within nine months
of the date of enactment of this Act: (i) the Chief Financial
Officer of the District of Columbia shall certify that not less
than 50 percent of the funds provided for attorney fees and
home studies have been expended; (ii) the Mayor shall establish
an outreach program to inform adoptive families and children
without parents about the scholarship fund established with
these funds; (iii) the Mayor shall establish the location,
necessary personnel and mission of the adoptive family resource
center in the District of Columbia; (iv) the Mayor shall
identify not less than 25 percent of the eligible children in
the District of Columbia foster care system with special needs
and obligate not less than 25 percent of the funds provided in
Public Law 106-113 for adoption incentives and support for
children with special needs: Provided, That the Mayor of the
District of Columbia and the Chairman of the Council of the
District of Columbia shall provide quarterly reports beginning
on the date of enactment of this Act to the Committees on
Appropriations of the House of Representatives and Senate,
detailing the expenditure of funds provided for the promotion
of adoption and performance in actually promoting adoption; and
(v) the Mayor and Child and Family Services Agency of the
District of Columbia shall increase the number of waiting
children listed in the Child and Family Services Agency of the
District of Columbia adoption photo-listing by 75 percent.
Sec. 143. (a)(1) There is established within the District
of Columbia, under the authority of the Department of Banking
and Financial Institutions, an Office of Public Charter School
Financing and Support.
(2) The Office shall have the following three functions:
(A) To administer the credit enhancement fund for
public charter schools under section 603(e) of the
Student Loan Marketing Association Reorganization Act
of 1996, subject to the provisions of such section.
(B) To administer the Direct Loan Fund for Charter
School Improvement under subsection (b), subject to the
provisions of such subsection.
(C) To develop, implement and provide oversight for
other public charter school financing programs and
support services as requested by the Mayor and the
Council of the District of Columbia.
(3) The functions described in paragraph (2) may be
provided by the Office directly or under contract with a
qualified provider.
(b)(1) There is established within the District of Columbia
a Direct Loan Fund for Charter School Improvement.
(2) The Direct Loan Fund for Charter School Improvement
shall be administered by the Office of Charter School Financing
and Support, except that no loan may be made under this
subsection without the approval of the committee described in
section 603(e)(3)(C)(iii) of the Student Loan Marketing
Association Reorganization Act of 1996 (20 U.S.C.
1155(e)(3)(C)(iii)).
(3) Funds distributed under this subsection shall be for
construction, purchase, renovation, and maintenance of charter
school facilities.
(4) Loans distributed under this subsection shall not
exceed $2,000,000 per charter school.
(5) The Office of Charter School Financing and Support
shall determine what interest rates and terms apply to loans
granted under this subsection. In determining the rates and
terms of a loan granted to a charter school, the Office of
Charter School Financing and Support should do its best to
provide low interest options and flexible terms.
(6) To be eligible for a loan under this subsection, an
applicant shall be a public charter school with a charter in
effect pursuant to the District of Columbia School Reform Act
of 1995 which meets or exceeds its performance goals as
outlined in its originating charter.
(7) In repaying a loan granted under this subsection, a
debtor may use facility maintenance funds granted to them by
the District of Columbia Public Schools.
(c) Section 603(e)(3) of the Student Loan Marketing
Association Reorganization Act of 1996 (20 U.S.C. 1155(e)(3))
is amended--
(1) in subparagraph (B)(ii) and subparagraph
(C)(iii), by striking ``The Mayor'' and inserting
``Subject to subparagraph (F), the Mayor''; and
(2) by adding at the end the following new
subparagraph:
``(F) Role of Office of Public Charter
School Financing and Support.--During fiscal
year 2003 and each succeeding fiscal year, the
Office of Public Charter School Financing and
Support shall be responsible for receiving
applications, making payments, and otherwise
administering this paragraph, except that no
grant may be made under this paragraph without
the approval of the committee described in
subparagraph (C)(iii).''.
Sec. 144. None of the funds contained in this Act may be
made available to pay--
(1) the fees of an attorney who represents a party
in an action or an attorney who defends any action,
including an administrative proceeding, brought against
the District of Columbia Public Schools under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) in excess of $4,000 for that action; or
(2) the fees of an attorney or firm whom the Chief
Financial Officer of the District of Columbia
determines to have a pecuniary interest, either through
an attorney, officer or employee of the firm, in any
special education diagnostic services, schools, or
other special education service providers.
Sec. 145. The Chief Financial Officer of the District of
Columbia shall require attorneys in special education cases
brought under the Individuals with Disabilities Act (IDEA) in
the District of Columbia to certify in writing that the
attorney or representative rendered any and all services for
which they receive awards, including those received under a
settlement agreement or as part of an administrative
proceeding, under the IDEA from the District of Columbia:
Provided, That as part of the certification, the Chief
Financial Officer of the District of Columbia require all
attorneys in IDEA cases to disclose any financial, corporate,
legal, memberships on boards of directors, or other
relationships with any special education diagnostic services,
schools, or other special education service providers to which
the attorneys have referred any clients as part of this
certification: Provided further, That the Chief Financial
Officer shall prepare and submit quarterly reports to the
Committees on Appropriations of the Senate and the House of
Representatives on the certification of and the amount paid by
the government of the District of Columbia, including the
District of Columbia Public Schools, to attorneys in cases
brought under IDEA: Provided further, That the Inspector
General of the District of Columbia may conduct investigations
to determine the accuracy of the certifications.
Sec. 146. (a) Section 2403(b) of the District of Columbia
School Reform Act of 1995 (sec. 38-1804.03(b), D.C. Official
Code) is amended to read as follows:
``(b) Payment to Charter Schools From Charter School
Fund.--
``(1) Establishment of fund.--The `New Charter
School Fund', as established in the general fund of the
District of Columbia prior to the date of the enactment
of the District of Columbia Appropriations Act, 2003,
shall be redesignated as the `Charter School Fund'.
``(2) Contents of fund.--The Charter School Fund
shall consist of the following amounts:
``(A) Unexpended and unobligated amounts
appropriated from local funds for public
charter schools for any fiscal year that
reverted to the general fund of the District of
Columbia, but only to the extent that the
balance of the Charter School Fund for the
fiscal year involved is less than--
``(i) $10,000,000, in the case of
fiscal year 2002; or
``(ii) $5,000,000, in the case of
fiscal year 2003 and each succeeding
fiscal year.
``(B) Any interest earned on such amounts.
``(3) Expenditures from fund.--Amounts in the
Charter School Fund shall be used to make payments
during a fiscal year to any public charter school
operating in the District of Columbia during the fiscal
year whose total audited enrollment (including
enrollment in special needs categories) exceeds the
student enrollment which served as the basis for
determining the school's annual payment under this Act
for the year.
``(4) Form of payment.--Payments under this
subsection shall be made by electronic funds transfer
from the Charter School Fund to a bank designated by a
public charter school.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to the Chief Financial
Officer of the District of Columbia such sums as may be
necessary to carry out this subsection for each fiscal
year.''.
(b) Notwithstanding any other provision of law, $5,000,000
from the Charter School Fund established pursuant to section
2403(b) of the District of Columbia School Reform Act of 1995
(D.C. Official Code, sec. 38-1804.03(b)), as amended by
subsection (a), shall be deposited not later than 15 days after
the date of the enactment of this Act into the credit
enhancement revolving fund established pursuant to section
603(e) of the Student Loan Marketing Association Reorganization
Act of 1996 (20 U.S.C. 1155(e)).
This division may be cited as the ``District of Columbia
Appropriations Act, 2003''.
DIVISION D--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS, 2003
Making appropriations for energy and water development for the fiscal
year ending September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2003, for energy and water development,
and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors, flood
control, shore protection, and related purposes.
General Investigations
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood
control, shore protection, and related projects, restudy of
authorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans and
specifications of projects prior to construction, $135,019,000,
to remain available until expended: Provided, That in
conducting the Southwest Valley Flood Damage Reduction Study,
Albuquerque, New Mexico, the Secretary of the Army, acting
through the Chief of Engineers, shall include an evaluation of
flood damage reduction measures that would otherwise be
excluded from the feasibility analysis based on policies
regarding the frequency of flooding, the drainage areas, and
the amount of runoff: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is directed to
use funds appropriated herein to determine the advisability of
undertaking restoration, modification, or modernization of the
Great Lakes Navigational System, including the St. Lawrence
Seaway; as provided for in section 456 of Public Law 106-53
(113 Stat. 332): Provided further, That in making such
determination, the Secretary of the Army, acting through the
Chief of Engineers, may partner with the St. Lawrence Seaway
Development Corporation and Transport Canada or another
designated representative of the Government of Canada and may
accept from such partners cash, in-kind services, or any
combination thereof, to be expended or used by the Secretary in
addition to the funds identified herein for the purpose of
making such determination.
Construction, General
For the prosecution of river and harbor, flood control,
shore protection, and related projects authorized by laws; and
detailed studies, and plans and specifications, of projects
(including those for development with participation or under
consideration for participation by States, local governments,
or private groups) authorized or made eligible for selection by
law (but such studies shall not constitute a commitment of the
Government to construction), $1,756,012,000, to remain
available until expended, of which such sums as are necessary
for the Federal share of construction costs for facilities
under the Dredged Material Disposal Facilities program shall be
derived from the Harbor Maintenance Trust Fund, as authorized
by Public Law 104-303; and of which such sums as are necessary
pursuant to Public Law 99-662 shall be derived from the Inland
Waterways Trust Fund, for one-half of the costs of construction
and rehabilitation of inland waterways projects, including
rehabilitation costs for the Lock and Dam 11, Mississippi
River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock and
Dam 24, Mississippi River, Illinois and Missouri; Lock and Dam
3, Mississippi River, Minnesota; and London Locks and Dam,
Kanawha River, West Virginia, projects; and of which funds are
provided for the following projects in the amounts specified:
San Timoteo Creek (Santa Ana River Mainstem),
California, $7,000,000;
Southern and Eastern Kentucky, Kentucky,
$3,000,000; and
Clover Fork, City of Cumberland, Town of Martin,
Pike County (including Levisa Fork and Tug Fork
Tributaries), Bell County, Harlan County in accordance
with the Draft Detailed Report dated January 2002,
Floyd County, Martin County, and Johnson County,
Kentucky, elements of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River, Kentucky,
$26,100,000: Provided, That, using $200,000 of the
funds appropriated herein, the Secretary of the Army,
acting through the Chief of Engineers, is directed to
continue work on the Bois Brule Drainage and Levee
District, Missouri, design deficiency project under the
terms and conditions specified in Public Law 107-66:
Provided further, That using $9,744,000 of the funds
appropriated herein, the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue
construction of the Dallas Floodway Extension, Texas,
project, including the Cadillac Heights feature,
generally in accordance with the Chief of Engineers
report dated December 7, 1999: Provided further, That
the Secretary of the Army, acting through the Chief of
Engineers, is directed to use $4,000,000 of the funds
appropriated herein to undertake the Bowie County
Levee, Texas, project, which is defined as Alternative
B, Local Sponsor Option, in the Corps of Engineers
document entitled Bowie County Local Flood Protection,
Red River, Texas, Project Design Memorandum No. 1,
Bowie County Levee, dated April 1997: Provided further,
That cost sharing for the Bowie County Levee, Texas,
project shall be in accordance with the provisions of
the Flood Control Act of 1946: Provided further, That
the Secretary of the Army is directed to accept advance
funds, pursuant to section 11 of the River and Harbor
Act of 1925, from the non-Federal sponsor of the Los
Angeles Harbor, California, project authorized by
section 101(b)(5) of Public Law 106-541, which are
needed to maintain the project schedule: Provided
further, That using $1,000,000 of the funds provided
herein, the Secretary of the Army, acting through the
Chief of Engineers, is directed to conduct, at full
Federal expense, technical studies of individual ditch
systems identified by the State of Hawaii, and to
assist the State in diversification by helping to
define the costof repairing and maintaining selected
ditch systems: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $1,000,000 of the
funds appropriated herein to continue construction of the navigation
project at Kaumalapau Harbor, Hawaii: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to use $2,000,000 of the funds provided herein for Dam Safety
and Seepage/Stability Correction Program to continue construction of
seepage control features at Waterbury Dam, Vermont: Provided further,
That the Secretary of the Army, acting through the Chief of Engineers,
is directed to use $13,400,000 of the funds appropriated herein to
proceed with planning, engineering, design or construction of the
Grundy, Buchanan County, and Dickenson County, Virginia, elements of
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland
River Project: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $5,500,000 of the
funds appropriated herein to proceed with the planning, engineering,
design or construction of the Lower Mingo County, Upper Mingo County,
Wayne County, McDowell County, West Virginia, elements of the Levisa
and Tug Forks of the Big Sandy River and Upper Cumberland River
Project: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue the Dickenson
County Detailed Project Report as generally defined in Plan 4 of the
Huntington District Engineer's Draft Supplement to the Section 202
General Plan for Flood Damage Reduction dated April 1997, including all
Russell Fork tributary streams within the County and special
considerations as may be appropriate to address the unique relocations
and resettlement needs for the flood prone communities within the
County: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to proceed with the
construction of the Seward Harbor, Alaska, project, in accordance with
the Report of the Chief of Engineers, dated June 8, 1999, and the
economic justification contained therein: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to proceed with the construction of the Wrangell Harbor,
Alaska, project in accordance with the Chief of Engineer's report dated
December 23, 1999: Provided further, That, of the funds provided
herein, $3,000,000 shall be made available for the Galena Bank
Stabilization Project in Galena, Alaska: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
authorized and directed to use $5,000,000 of Construction, General
funding as provided herein for construction of an emergency outlet from
Devils Lake, North Dakota, to the Sheyenne River, at an estimated total
cost of $100,000,000, which shall be cost-shared in accordance with
section 103 of the Water Resources Development Act of 1986, as amended
(33 U.S.C. 2213), except that the funds shall not become available
unless the Secretary of the Army determines that an emergency (as
defined in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)) exists with respect to the
emergency need for the outlet and reports to Congress that the
construction is technically sound and environmentally acceptable, and
in compliance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.): Provided further, That the justification for the
emergency outlet shall be fully described, including the analysis of
the benefits and costs, in the project plan documents: Provided
further, That the plans for the emergency outlet shall be reviewed and,
to be effective, shall contain assurances provided by the Secretary of
State, that the project will not violate the Treaty Between the United
States and Great Britain Relating to the Boundary Waters Between the
United States and Canada, signed at Washington, January 11, 1909 (36
Stat. 2448; TS 548) (commonly known as the ``Boundary Waters Treaty of
1909''): Provided further, That the Secretary of the Army shall submit
the final plans and other documents for the emergency outlet to
Congress: Provided further, That no funds made available under this Act
or any other Act for any fiscal year may be used by the Secretary of
the Army to carry out the portion of the feasibility study of the
Devils Lake Basin, North Dakota, authorized under the Energy and Water
Development Appropriations Act, 1993 (Public Law 102-377), that
addresses the needs of the area for stabilized lake levels through
inlet controls, or to otherwise study any facility or carry out any
activity that would permit the transfer of water from the Missouri
River Basin into Devils Lake.
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For expenses necessary for prosecuting work of flood
control, rescue work, repair, restoration, or maintenance of
flood control projects threatened or destroyed by flood, as
authorized by law (33 U.S.C. 702a and 702g-1), $344,574,000, to
remain available until expended: Provided, That the Secretary
of the Army, acting through the Chief of Engineers, using
$10,000,000 of the funds provided herein, is directed to
continue design and real estate activities and to initiate the
pump supply contract for the Yazoo Basin, Yazoo Backwater
Pumping Plant, Mississippi: Provided further, That the pump
supply contract shall be performed by awarding continuing
contracts in accordance with 33 U.S.C. Sec. 621.
Operation and Maintenance, General
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood
control, and related works, including such sums as may be
necessary for the maintenance of harbor channels provided by a
State, municipality or other public agency, outside of harbor
lines, and serving essential needs of general commerce and
navigation; surveys and charting of northern and northwestern
lakes and connecting waters; clearing and straightening
channels; and removal of obstructions to navigation,
$1,940,167,000, to remain available until expended, of which
such sums as become available in the Harbor Maintenance Trust
Fund, pursuant to Public Law 99-662, may be derived from that
Fund, and of which such sums as become available from the
special account established by the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l), may be derived from
that account for construction, operation, and maintenance of
outdoor recreation facilities: Provided, That using $888,000 of
the funds appropriated herein, the Secretary of the Army,
acting through the Chief of Engineers, is directed to undertake
recreation improvements associated with the pool raise at Waco
Lake, Texas: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use
$3,160,000 of the funds appropriated herein to undertake work
to expand or improve recreational facilities and undertake
environmental restoration activities at the Hansen Dam
Recreation Area, California, consistent with the Hansen Dam
Recreation Area Master Plan: Provided further, That of funds
appropriated herein, for the Intracoastal Waterway, Delaware
River to Chesapeake Bay, Delaware and Maryland, the Secretary
of the Army, acting through the Chief of Engineers, is directed
to reimburse the State of Delaware for normal operation and
maintenance costs incurred by the State of Delaware for the SR1
Bridge from station 58+00 to station 293+00 between October 1,
2002, and September 30, 2003: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use funds appropriated herein to rehabilitate
the existing dredged material disposal site for the project for
navigation, Bodega Bay Harbor, California, and to initiate
maintenance dredging of the Federal channel: Provided further,
That the Secretary shall make suitable material excavated from
the site as part of the rehabilitation effort available to the
non-Federal sponsor, at no cost to the Federal Government, for
use by the non-Federal sponsor in the development of public
facilities.
Flood Control and Coastal Emergencies
For expenses necessary for emergency flood control,
hurricane response, and emergency shore protection and related
activities, $15,000,000, to remain available until expended.
Regulatory Program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$139,000,000, to remain available until expended.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination from sites
throughout the United States resulting from work performed as
part of the Nation's early atomic energy program, $145,000,000,
to remain available until expended.
General Expenses
For expenses necessary for general administration and
related functions in the Office of the Chief of Engineers and
offices of the Division Engineers, activities of the Humphreys
Engineer Center Support Activity, the Institute for Water
Resources, and headquarters support functions at the USACE
Finance Center, $155,151,000, to remain available until
expended: Provided, That no part of any other appropriation
provided in title I of this Act shall be available to fund the
activities of the Office of the Chief of Engineers or the
executive direction and management activities of the division
offices: Provided further, That none of these funds shall be
available to support an office of congressional affairs within
the executive office of the Chief of Engineers.
Administrative Provisions
Appropriations in this title shall be available for
official reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the Revolving Fund,
Corps of Engineers, shall be available for purchase (not to
exceed 100 for replacement only) and hire of passenger motor
vehicles.
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. Agreements proposed for execution by the
Assistant Secretary of the Army for Civil Works or the United
States Army Corps of Engineers after the date of the enactment
of this Act pursuant to section 4 of the Rivers and Harbor Act
of 1915, Public Law 64-291; section 11 of the River and Harbor
Act of 1925, Public Law 68-585; the Civil Functions
Appropriations Act, 1936, Public Law 75-208; section 215 of the
Flood Control Act of 1968, as amended, Public Law 90-483;
sections 104, 203, and 204 of the Water Resources Development
Act of 1986, as amended, Public Law 99-662; section 206 of the
Water Resources Development Act of 1992, as amended, Public Law
102-580; section 211 of the Water Resources Development Act of
1996, Public Law 104-303; and any other specific project
authority, shall be limited to credits and reimbursements per
project not to exceed $10,000,000 in each fiscal year, and
total credits and reimbursements for all applicable projects
not to exceed $50,000,000 in each fiscal year.
Sec. 102. None of the funds appropriated in this or any
other Act may be used by the U.S. Army Corps of Engineers to
support activities, including reconnaissance and feasibility
studies, and planning, engineering and design, related to the
Chicago Harbor Visitors Center.
Sec. 103. St. Georges Bridge, Delaware. None of the funds
made available in this Act may be used to carry out any
activity relating to closure or removal of the St. Georges
Bridge across the Intracoastal Waterway, Delaware River to
Chesapeake Bay, Delaware and Maryland, including a hearing or
any other activity relating to preparation of an environmental
impact statement concerning the closure or removal.
Sec. 104. Section 595(h)(1) of Public Law 106-53 is amended
by striking ``$25,000,000'' and inserting in lieu thereof
``$100,000,000''.
Sec. 105. St. Paul Island Harbor, St. Paul, Alaska
Technical Corrections. Section 101(b)(3) of Public Law 104-303
(the Water Resources Development Act of 1996), (110 Stat. 3667)
is amended by--
(1) striking ``$18,981,000'' and inserting in lieu
thereof ``$52,300,000''; and
(2) striking ``$12,239,000'' and inserting in lieu
thereof ``$45,558,000''.
Sec. 106. Abiquiu Dam, New Mexico. Section 1112 of Public
Law 99-662 (the Water Resources Development Act of 1986), (100
Stat. 4232) is amended by striking ``$2,700,000'' and inserting
in lieu thereof ``$10,000,000''.
Sec. 107. The project for flood control, Las Vegas Wash and
Tributaries (Flamingo and Tropicana Washes), Nevada, authorized
by section 101(13) of Public Law 102-580 is modified to include
as a part of the project channel crossings that are necessary
for those existing and proposed highways and roads shown on the
Clark County Comprehensive Plan Transportation Element,
approved by the Clark County Board of County Commissioners on
October 1, 1996. The performance of work required for
construction of such channel crossings and the costs incurred
in performing such work shall be considered part of the non-
Federal sponsor's responsibility to provide lands, easements,
and rights-of-way, and to perform relocations for the project.
Costs incurred in performing such work may not exceed
$16,000,000.
Sec. 108. Atlantic Intracoastal Waterway Bridge Replacement
at Great Bridge, Chesapeake, Virginia. The project for
replacement of the bridge at Great Bridge, Chesapeake,
Virginia, authorized by Section 339(h) of Public Law 104-59 is
modified to authorize the Secretary to construct the project at
an estimated cost of $46,000,000.
Sec. 109. None of the funds appropriated in this Act, or
any other Act, shall be used to study or implement any plans
privatizing, divesting or transferring of any Civil Works
missions, functions, or responsibilities for the U.S. Army
Corps of Engineers to other government agencies without
specific direction in a subsequent Act of Congress.
Sec. 110. The project for flood control for Terminus Dam,
Kaweah River, California, authorized by Section 101(b)(5) of
the Water Resources Development Act of 1996, is modified to
authorize the Secretary of the Army, acting through the Chief
of Engineers, to construct the project at a total cost of
$50,000,000, with an estimated Federal share of $28,600,000 and
an estimated non-Federal share of $21,400,000.
Sec. 111. The project for flood control, Little Calumet
River Basin (Cady Marsh Ditch), Indiana, authorized by section
401(a) of Public Law 99-662 is modified to authorize the
Secretary of the Army, acting through the Chief of Engineers,
to construct the project at a total cost of $23,146,000, with
an estimated Federal cost of $17,359,000 and an estimated non-
Federal cost of $5,787,000.
Sec. 112. The non-Federal interest shall receive credit
toward the non-Federal share of the cost of the feasibility
study for work performed prior to the date that the Secretary
of the Army, acting through the Chief of Engineers, enters into
the feasibility cost-sharing agreement with the non-Federal
sponsor for the Indiana Harbor Environmental Dredging, Indiana,
feasibility study. The Secretary shall provide credit for work
only if the Secretary determines such work integral to the
feasibility study.
Sec. 113. In satisfaction of any normal requirement for
mitigation identified by the pending Environmental Impact Study
for the deepening of the Brownsville Navigation Channel, Texas,
the Secretary of the Army, acting through the Chief of
Engineers, shall provide credit to the Brownsville Navigation
District for work performed before the completion of the
Environmental Impact Study to restore the wetlands at Bahia
Grande, Lower Laguna Madre, and Vadia Ancha. Such credit shall
be at a ratio determined by the Secretary, considering the
environmental value of the wetlands impacted by the project and
the environmental value of the restored wetlands. The Secretary
shall provide credit for work only if the Secretary determines
such work integral to the project.
Sec. 114. The Secretary of the Army, acting through the
Chief of Engineers, shall carry out the project for inland
navigation, Chickamauga Lock and Dam, Tennessee, substantially
in accordance with the plans, and subject to the conditions,
described in the report of the Chief of Engineers, dated May
30, 2002, except that the Secretary shall construct the project
in accordance with the plan that includes a 110-foot by 600-
foot replacement lock at a total cost of $267,167,000. The
costs of such construction shall be paid one-half from amounts
appropriated from the general fund of the Treasury and one-half
from amounts appropriated from the Inland Waterways Trust Fund.
Sec. 115. The Secretary of the Army, acting through the
Chief of Engineers, shall conduct a study for the James River,
Greene County, Missouri, project for flood damage reduction,
Greene County, Missouri, and, if the Secretary determines that
such project is feasible, may carry out the project under
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
Sec. 116. Section 101(a)(21), ``Amite River and
Tributaries, Louisiana,'' of the Water Resources Development
Act of 1999 is amended in subsection (a)(21) by striking
``$112,900,000'' and inserting ``$150,257,000'',and by striking
``$39,500,000'' and inserting ``$52,589,950''.
Sec. 117. None of the funds appropriated in this or any
other Act may be used by the U.S. Army Corps of Engineers to
support activities related to the proposed Ridge Landfill in
Tuscarawas County, Ohio.
Sec. 118. Section 101(a)(19) of the Water Resources
Development Act of 1999 is hereby amended to increase the total
project cost to $78,879,000 with an estimated Federal cost of
$51,271,000 and an estimated non-Federal cost of $27,608,000 in
accordance with the Corps of Engineers Post Authorization
Change Report, dated January 2003, as amended by the Chief of
Engineers.
Sec. 119. The Secretary of the Army, acting through the
Chief of Engineers, is authorized to credit toward the non-
Federal share of the cost of the Savannah Harbor Expansion,
Georgia, project, authorized by section 101(b)(9) of the Water
Resources Development Act of 1999, an amount equal to the
Federal share of the costs incurred by the non-Federal
interests subsequent to project authorization to the extent
that the Secretary determines that such costs were necessary to
ensure compliance with the conditions of the project
authorization.
Sec. 120. The project for aquatic ecosystem restoration,
Rose Bay, Volusia County, Florida, being carried out under
section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330), is modified to direct the Secretary of the Army,
acting through the Chief of Engineers, to credit toward the
non-Federal share of the cost of the project the costs incurred
by the Florida Department of Transportation in constructing
that portion of the United States Highway 1 bridge that the
Secretary determines is required for the proper functioning of
the project.
Sec. 121. The Secretary of the Army, acting through the
Chief of Engineers, shall modify the shoreline management plan
for Lake Cumberland, Kentucky, to allow for construction of a
privately owned moorage facility at Woodson Bend Peninsula on
the South Fork of the Cumberland River at Lake Cumberland.
Sec. 122. The non-Federal sponsor shall receive credit in
an amount not to exceed $10,000,000 toward their share of the
cost of Des Moines Recreational River and Greenbelt, Iowa,
projects for work performed by the sponsor, or others on behalf
of the sponsor, including planning, design, and construction
performed after October 1, 2002, provided the Secretary of the
Army, acting through the Chief of Engineers, determines that
such work is completed in accordance with U.S. Army Corps of
Engineers standards and procedures and is integral to the Des
Moines Recreational River and Greenbelt project.
Sec. 123. The project for flood damage reduction, Turkey
Creek Basin, Kansas City, Missouri, and Kansas City, Kansas,
authorized by Section 101(a)(24) of Public Law 106-53, is
modified to authorize the Secretary of the Army, acting through
the Chief of Engineers, to construct the project substantially
in accordance with the plans and subject conditions,
recommended in a final report of the Chief of Engineers if a
favorable report of the Chief is completed by December 31,
2003, at a total project cost of $73,380,000 with an estimated
Federal cost of $45,304,000 and an estimated non-Federal cost
of $28,076,000. The non-Federal interest shall receive credit
toward the non-Federal share of project costs for construction
work performed by the non-Federal interest before execution of
the project cooperation agreement if the Secretary finds that
the work performed by the non-Federal interest is integral to
the project.
Sec. 124. The Secretary of the Army, acting through the
Chief of Engineers, is authorized and directed to design and
construct portions of the Long Lake Environmental Restoration
Project, Indiana, that are located on non-Federally owned land
in accordance with Section 206 of Public Law 104-303, as
amended. Notwithstanding the provisions of Section 206, the
Secretary of the Army, acting through the Chief of Engineers,
is authorized and directed to design and construct all the
components of the Long Lake, Indiana, environmental restoration
project that are located on Federal land at full Federal
expense as identified in the Long Lake, Indiana, Reconnaissance
Report, dated October 2002, and as further modified by
subsequent study. After completion of the project, the
Secretary of the Army shall seek reimbursement from the
Secretary of the Interior of an amount equal to the costs of
the project allocated to benefits to the Indiana Dunes National
Lakeshore.
Sec. 125. Section 514 of the Water Resources Development
Act of 1999 is amended by striking ``2000 and 2001'' in
subsection (g) and inserting ``2003 and 2004''.
Sec. 126. Section 595 of the Water Resources Development
Act of 1999 is amended by striking ``Sec. 595. Rural Nevada and
Montana.'' and inserting in lieu thereof ``Sec. 595. Rural
Nevada, Montana, and Idaho.'' and in (b) strike ``and
Montana.'' and insert in lieu thereof ``, Montana, and Idaho.''
and in (c) strike ``and Montana,'' and insert in lieu thereof
``, Montana, and Idaho,'' and in (h)(1) strike ``and'' and
insert after (h)(2) ``and; (3) $25,000,000 for Idaho;''.
Sec. 127. Southern and Eastern Kentucky. (a) Project
Purposes.--Section 531(b) of the Water Resources Development
Act of 1996 (110 Stat. 3773) is amended by inserting before
``and resource'' the following: ``, environmental
restoration,''.
(b) Definition.--Section 531(g) of such Act (110 Stat.
3774) is amended by inserting after ``Lee,'' the following:
``Bath, Rowan,''.
(c) Authorization of Appropriations.--Section 531(h) of
such Act (110 Stat. 3774; 113 Stat. 348) is amended by striking
``$25,000,000'' and inserting ``$40,000,000''.
Sec. 128. With respect to the pre-construction engineering
and design for the environmental dredging project at Ashtabula
River, Ohio, for which funds are made available under this
heading, the non-Federal interest shall receive credit toward
the non-Federal share of the cost of the pre-construction
engineering and design work performed in-kind after the date of
execution of the design agreement.
Sec. 129. Section 313(h)(2) of the Water Resources
Development Act of 1992 is amended by striking ``Armstrong,
Beford, Blair, Cambria, Clearfield, Fayette, Franklin, Fulton,
Huntingdon, Indiana, Juniata, Mifflin, Somerset, Snyder and
Westmoreland Counties'' and inserting ``Allegheny, Armstrong,
Bedford, Blair, Cambria, Clearfield, Fayette, Franklin, Fulton,
Greene, Huntingdon, Indiana, Juniata, Mifflin, Somerset,
Snyder, Washington, and Westmoreland Counties''.
Sec. 130. Herring Creek-Tall Timbers, Maryland. (a) In
General.--Using funds made available by this Act, the Secretary
of the Army, acting through the Chief of Engineers, may provide
immediate corrective maintenance to the project at Herring
Creek-Tall Timbers, Maryland, at full Federal expense.
(b) Inclusions.--The corrective maintenance described in
subsection (a), and any other maintenance performed after the
date of enactment of this Act with respect to the project
described in that subsection, may include repair or
replacement, as appropriate, of the foundation and structures
adjacent and structurally integral to the project.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $34,902,000, to remain available until
expended, of which $11,259,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission.
In addition, for necessary expenses incurred in carrying
out related responsibilities of the Secretary of the Interior,
$1,326,000, to remain available until expended.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including
the operation, maintenance, and rehabilitation of reclamation
and other facilities, participation in fulfilling related
Federal responsibilities to Native Americans, and related
grants to, and cooperative and other agreements with, State and
local governments, Indian tribes, and others, $813,491,000, to
remain available until expended, of which $36,400,000 shall be
available for transfer to the Upper Colorado River Basin Fund
and $34,327,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam
Fund; of which $4,600,000 shall be for on-reservation water
development, feasibility studies, and related administrative
costs under Public Law 106-163; and of which not more than
$500,000 is for high priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16 U.S.C.
1706: Provided, That such transfers may be increased or
decreased within the overall appropriation under this heading:
Provided further, That of the total appropriated, the amount
for program activities that can be financed by the Reclamation
Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 460l-6a(i) shall be derived from that
Fund or account: Provided further, That funds contributed under
43 U.S.C. 395 are available until expended for the purposes for
which contributed: Provided further, That funds advanced under
43 U.S.C. 397a shall be credited to this account and are
available until expended for the same purposes as the sums
appropriated under this heading: Provided further, That
$10,000,000 of the funds appropriated herein shall be deposited
in the San Gabriel Basin Restoration Fund established by
section 110 of division B, title I of Public Law 106-554, as
amended: Provided further, That funds available for expenditure
for the Departmental Irrigation Drainage Program may be
expended by the Bureau of Reclamation for site remediation on a
non-reimbursable basis: Provided further, That section 301 of
Public Law 102-250, Reclamation States Emergency Drought Relief
Act of 1991, as amended, is amended further by inserting
``2002, and 2003'' in lieu of ``and 2002'': Provided further,
That the Bureau of Reclamation is authorized hereafter to
negotiate and enter into financial assistance agreements with
public and private agencies, organizations, and institutions
for activities under the Lake Tahoe Regional Wetlands
Development Program: Provided further, That the costs
associated with such activities will be nonreimbursable.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $48,904,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), 3405(f ), and 3406(c)(1) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and
related functions in the Office of the Commissioner, the Denver
office, and offices in the five regions of the Bureau of
Reclamation, to remain available until expended, $54,870,000,
to be derived from the Reclamation Fund and be nonreimbursable
as provided in 43 U.S.C. 377: Provided, That no part of any
other appropriation in this Act shall be available for
activities or functions budgeted as policy and administration
expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed 16 passenger motor
vehicles, of which 12 are for replacement only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
Sec. 201. In order to increase opportunities for Indian
tribes to develop, manage, and protect their water resources,
in fiscal year 2003 and thereafter, the Secretary of the
Interior, acting through the Commissioner of the Bureau of
Reclamation, is authorized to enter into grants and cooperative
agreements with any Indian tribe, institution of higher
education, national Indian organization, or tribal organization
pursuant to 31 U.S.C. 6301-6308. Nothing in this Act is
intended to modify or limit the provisions of the Indian Self
Determination Act (25 U.S.C. 45 et seq.).
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to
minimize any detrimental effect of the San Luis drainage
waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable
or nonreimbursable and collected until fully repaid pursuant to
the ``Cleanup Program--Alternative Repayment Plan'' and the
``SJVDP--Alternative Repayment Plan'' described in the report
entitled``Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995'', prepared by
the Department of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or providing
for, drainage service or drainage studies for the San Luis Unit shall
be fully reimbursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal reclamation law.
Sec. 203. Section 212 of the Energy and Water Development
Appropriations Act, 2001 (114 Stat. 1441B-13) is amended as
follows:
(1) In subsection (a)(2)--
(A) by inserting ``all real and personal
property rights and interests associated with
such conduits and canals, all water rights of
whatever nature or kind associated therewith,
and'' before ``all recreational facilities'';
and
(B) by inserting ``and improvements'' after
``recreational facilities''.
(2) In subsection (b)--
(A) by striking ``as soon as practicable
after date of enactment of this Act'' and
inserting ``by no later than June 30, 2003,'';
and
(B) by inserting ``including all real and
personal property rights, water rights, and
facilities held by or appropriated to the
United States'' after ``all right, title, and
interest in and to the Sly Park Unit to the
District''.
(3) In subsection (c)--
(A) by striking ``The Secretary'' and
inserting ``(1) Subject to paragraph (2), the
Secretary'';
(B) by inserting ``and subsequent interim
renewal contracts associated therewith'' after
``contract number 14-06-200-949IR3''; and
(C) by adding at the end the following:
``(2) The amount the Secretary is authorized to receive
under paragraph (1) shall be reduced by an amount equal to any
payments received by the United States from the District under
the contracts referred to in paragraph (1) in the period
beginning on the date of the enactment of this Act and ending
on the date of conveyance of the Sly Park Unit under this
section.''.
Sec. 204. Section 110(a)(3)(A)(i) of division B of the
Miscellaneous Appropriations Act, 2001 (as enacted into law by
section 1(a)(4) of Public Law 106-554), is further amended by
inserting ``, including all expenditures made by the Central
Basin Municipal Water District between February 11, 1993, and
December 21, 2000'' before the semi-colon.
Sec. 205. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water
in the Middle Rio Grande or the Carlsbad Projects in New Mexico
unless said purchase or lease is in compliance with the
purchase requirements of section 202 of Public Law 106-60.
Sec. 206. Funds under this title for Drought Emergency
Assistance shall be made available primarily for leasing of
water for specified drought related purposes from willing
lessors, in compliance with existing State laws and
administered under State water priority allocation. Such leases
may be entered into with an option to purchase: Provided, That
such purchase is approved by the State in which the purchase
takes place and the purchase does not cause economic harm
within the State in which the purchase is made.
Sec. 207. Restoration of Fish, Wildlife, and Associated
Habitats in Watersheds of Certain Lakes. (a) In General.--In
carrying out section 2507 of Public Law 107-171, the Secretary
of the Interior, acting through the Commissioner of
Reclamation, shall--
(1) subject to paragraph (3), provide water and
assistance under that section only for the Pyramid,
Summit, and Walker Lakes in the State of Nevada;
(2) use $1,000,000 for the creation of a fish
hatchery at Walker Lake to benefit the Walker River
Paiute Tribe; and
(3) use $2,000,000 to provide grants, to be divided
equally, to the State of Nevada, the State of
California, the Truckee Meadows Water Authority, and
the Pyramid Lake Paiute Tribe, to implement the Truckee
River Settlement Act, Public Law 101-618.
(b) Administration.--The Secretary of the Interior, acting
through the Commissioner of Reclamation, may provide financial
assistance to State and local public agencies, Indian tribes,
nonprofit organizations, and individuals to carry out this
section and section 2507 of Public Law 107-171.
Sec. 208. The Commissioner of the Bureau of Reclamation is
directed to increase the use of the private sector in
performing planning, engineering and design work for Bureau of
Reclamation projects to 10 percent in fiscal year 2003, and in
each subsequent year until the level of work is at least 40
percent for the planning, engineering and design work conducted
by the Bureau of Reclamation.
Sec. 209. Using previously appropriated funds, the Bureau
of Reclamation is directed to undertake activities related to
the development of the North Central Montana Rural Water Supply
system. Such sums shall remain available, without fiscal year
limitation, until expended.
Sec. 210. Section 8 of Public Law 104-298 (the Water
Desalination Act of 1996) is amended further by--
(1) in paragraph (a) by striking ``2002'' and
inserting in lieu thereof ``2004''; and
(2) in paragraph (b) by striking ``2002'' and
inserting in lieu thereof ``2004''.
Sec. 211. (a) North Las Vegas Water Reuse Project.--
(1) Authorization.--The Secretary of the Interior,
in cooperation with the appropriate local authorities,
may participate in the design, planning, and
construction of the North Las Vegas Water Reuse Project
(hereinafter referred to as the ``Project'') to reclaim
and reuse water in the service area of the North Las
Vegas Utility Division Service Area of the City of
North Las Vegas and County of Clark, Nevada.
(2) Cost share.--The Federal share of the cost of
the Project shall not exceed 25 percent of the total
cost.
(3) Limitation.--Funds provided by the Secretary
shall not be used for the operation or maintenance of
the Project.
(4) Funding.--Funds appropriated pursuant to
section 1631 of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h-
13) may be used for the Project.
(b) Reclamation Wastewater and Groundwater Study and
Facilities Act.--Design, planning, and construction of the
Project authorized by this Act shall be in accordance with, and
subject to the limitations contained in, the Reclamation
Wastewater and Groundwater Study and Facilities Act (43 U.S.C.
390h et seq.), as amended.
Sec. 212. None of the funds appropriated or otherwise made
available in this Division or any prior Energy and Water
Development Appropriations Act may be used for the settlement
agreement of Sumner Peck Ranch, Inc. v. Bureau of Reclamation
(Civ. No F-91-048 OWW (E.D. Cal)).
Sec. 213. Section 201(d) of the Salton Sea Reclamation Act
of 1998 (Public Law 105-372) is amended by striking
``$3,000,000'' and inserting in lieu thereof, ``$10,000,000''.
Sec. 214. The Secretary of the Interior, acting through the
Bureau of Reclamation, shall conduct a feasibility study of
options for additional water storage in the Yakima River Basin,
Washington, with emphasis on the feasibility of storage of
Columbia River water in the potential Black Rock Reservoir and
the benefit of additional storage to endangered and threatened
fish, irrigated agriculture, and municipal water supply. There
are authorized to be appropriated such sums as may be necessary
to carry out this Act.
Sec. 215. The Secretary of the Interior, in carrying out
CALFED-related activities, may undertake feasibility studies
for Sites Reservoir, Los Vaqueros Reservoir Enlargement, and
Upper San Joaquin Storage projects. These storage studies
should be pursued along with ongoing environmental and other
projects in a balanced manner.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy supply activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $701,477,000, to remain available until expended.
Non-Defense Environmental Management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental
management activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $215,100,000, to remain available
until expended.
Uranium Facilities Maintenance and Remediation
For necessary expenses to maintain, decontaminate,
decommission, and otherwise remediate uranium processing
facilities, $456,539,000, of which $340,329,000, shall be
derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, all of which shall remain available until
expended.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment,
and other expenses necessary for science activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or facility or for plant or
facility acquisition, construction, or expansion, and purchase
of not to exceed 28 passenger motor vehicles for replacement
only, $3,305,894,000, to remain available until expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $145,000,000, to remain available until expended and
to be derived from the Nuclear Waste Fund: Provided, That not
to exceed $2,500,000 shall be provided to the State of Nevada
solely for expenditures, other than salaries and expenses of
State employees, to conduct scientific oversight
responsibilities and participate in licensing activities
pursuant to the Nuclear Waste Policy Act of 1982, Public Law
97-425, as amended: Provided further, That $7,000,000 shall be
provided to affected units of local governments, as defined in
Public Law 97-425, to conduct appropriate activities pursuant
to the Act: Provided further, That the distribution of the
funds as determined by the units of local government shall be
approved by the Department of Energy: Provided further, That
the funds for the State of Nevada shall be made available
solely to the Nevada Division of Emergency Management by direct
payment and units of local government by direct payment:
Provided further, That within 90 days of the completion of each
Federal fiscal year, the Nevada Division of Emergency
Management and the Governor of the State of Nevada and each
local entity shall provide certification to the Department of
Energy that all funds expended from such payments have been
expended for activities authorized by Public Law 97-425 and
this Act. Failure to provide such certification shall cause
such entity to be prohibited from any further funding provided
for similar activities: Provided further, That none of the
funds herein appropriated may be: (1) used directly or
indirectly to influence legislative action on any matter
pending before Congress or a State legislature or for lobbying
activity as provided in 18 U.S.C. 1913; (2) used for litigation
expenses; or (3) used to support multi-State efforts or other
coalition building activities inconsistent with the
restrictions contained in this Act: Provided further, That all
proceeds and recoveries realized by the Secretary in carrying
out activities authorized by the Nuclear Waste Policy Act of
1982, Public Law 97-425, as amended, including but not limited
to, any proceeds from the sale of assets, shallbe available
without further appropriation and shall remain available until
expended.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses
(not to exceed $35,000), $207,404,000, to remain available
until expended, plus such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in
cost of work are offset by revenue increases of the same or
greater amount, to remain available until expended: Provided
further, That moneys received by the Department for
miscellaneous revenues estimated to total $120,000,000 in
fiscal year 2003 may be retained and used for operating
expenses within this account, and may remain available until
expended, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by
the amount of miscellaneous revenues received during fiscal
year 2003 so as to result in a final fiscal year 2003
appropriation from the General Fund estimated at not more than
$87,404,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $37,671,000, to remain available until
expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion; and the purchase of passenger motor
vehicles (not to exceed one for replacement only),
$5,954,204,000, to remain available until expended: Provided,
That $12,000,000 is authorized to be appropriated for Project
03-D-102, LANL administration building, Los Alamos National
Laboratory, Los Alamos, New Mexico: Provided further, That
$113,000,000 is authorized to be appropriated for Project 01-D-
108, Microsystems and engineering sciences applications (MESA),
Sandia National Laboratories, Albuquerque, New Mexico.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense,
Defense Nuclear Nonproliferation activities, in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,113,630,000, to
remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $706,790,000, to remain
available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator
of the National Nuclear Security Administration, including
official reception and representation expenses (not to exceed
$12,000), $330,929,000, to remain available for obligation
until September 30, 2003.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Restoration and Waste Management
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental restoration and waste management activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion; and the purchase of not to exceed 24 passenger motor
vehicles, for replacement only, $5,470,180,000, to remain
available until expended.
Defense Facilities Closure Projects
For expenses of the Department of Energy to accelerate the
closure of defense environmental management sites, including
the purchase, construction, and acquisition of plant and
capital equipment and other necessary expenses, $1,138,314,000,
to remain available until expended.
Defense Environmental Management Privatization
For Department of Energy expenses for privatization
projects necessary for atomic energy defense environmental
management activities authorized by the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $158,399,000, to
remain available until expended.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense, other
defense activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $546,554,000, to remain available
until expended.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $315,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount not
to exceed $1,500.
During fiscal year 2003, no new direct loan obligations may
be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary
services, pursuant to the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $4,534,000, to remain available until
expended; in addition, notwithstanding the provisions of 31
U.S.C. 3302, up to $14,463,000 collected by the Southeastern
Power Administration pursuant to the Flood Control Act to
recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power
and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, and for construction and acquisition of
transmission lines, substations and appurtenant facilities, and
for administrative expenses, including official reception and
representation expenses in an amount not to exceed $1,500 in
carrying out the provisions of section 5 of the Flood Control
Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $27,378,000, to remain available until expended; in
addition, notwithstanding the provisions of 31 U.S.C. 3302, not
to exceed $16,455,000 in reimbursements, to remain available
until expended: Provided, Notwithstanding the provisions of 31
U.S.C. 3302, that up to $1,512,000 collected by the
Southwestern Power Administration pursuant to the Flood Control
Act to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation and
renewable resources programs as authorized, including official
reception and representation expenses in an amount not to
exceed $1,500, $168,858,000, to remain available until
expended, of which $158,605,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That of
the amount herein appropriated, $6,100,000 is for deposit into
the Utah Reclamation Mitigation and Conservation Account
pursuant to title IV of the Reclamation Projects Authorization
and Adjustment Act of 1992: Provided further, That up to
$156,124,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation
Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole
purpose of making purchase power and wheeling expenditures:
Provided further, That, of the amounts appropriated in Public
Law 107-66, not less than $400,000 to be spent as described in
House Report 107-258 under this heading shall be
nonreimbursable: Provided further, That, of the amount
appropriated in Public Law 107-66 for corridor review and
environmental review required for the construction of a 230 kv
transmission line between Belfield and Hettinger, not less than
$200,000 shall be provided for corridor review and
environmental review for the construction of a high voltage
line in Western North Dakota that would facilitate the upgrade
of the Miles City DC tie.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$2,734,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 423 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of passenger
motor vehicles, and official reception and representation
expenses (not to exceed $3,000), $192,000,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $192,000,000 of revenues
from fees and annual charges, and other services and
collections in fiscal year 2003 shall be retained and used for
necessary expenses in this account, and shall remain available
until expended: Provided further, That the sum herein
appropriated from the General Fund shall be reduced as revenues
are received during fiscal year 2003 so as to result in a final
fiscal year 2003 appropriation from the General Fund estimated
at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. (a) None of the funds appropriated by this Act
may be used to award a management and operating contract, or a
contract for environmental remediation or waste management in
excess of $100 million in annual funding at a current or former
management and operating contract site or facility, or award a
significant extension or expansion to an existing management
and operating contract, or other contract covered by this
section, unless such contract is awarded using competitive
procedures or the Secretary of Energy grants, on a case-by-case
basis, a waiver to allow for such a deviation. The Secretary
may not delegate the authority to grant such a waiver.
(b) Within 30 days of formally notifying an incumbent
contractor that the Secretary intends to grant such a waiver,
the Secretary shall submit to the Subcommittees on Energy and
Water Development of the Committees on Appropriations of the
House of Representatives and the Senate a report notifying the
Subcommittees of the waiver and setting forth, in specificity,
the substantive reasonswhy the Secretary believes the
requirement for competition should be waived for this particular award.
Sec. 302. None of the funds appropriated by this Act may be
used to--
(1) develop or implement a workforce restructuring
plan that covers employees of the Department of Energy;
or
(2) provide enhanced severance payments or other
benefits for employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be
used to augment the $21,183,000 made available for obligation
by this Act for severance payments and other benefits and
community assistance grants under section 3161 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 42 U.S.C. 7274h) unless the Department of Energy submits a
reprogramming request subject to approval by the appropriate
Congressional committees.
Sec. 304. None of the funds appropriated by this Act may be
used to prepare or initiate Requests For Proposals (RFPs) for a
program if the program has not been funded by Congress.
(TRANSFERS OF UNEXPENDED BALANCES)
Sec. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established pursuant
to this title. Balances so transferred may be merged with funds
in the applicable established accounts and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 306. None of the funds in this or any other Act for
the Administrator of the Bonneville Power Administration may be
used to enter into any agreement to perform energy efficiency
services outside the legally defined Bonneville service
territory, with the exception of services provided
internationally, including services provided on a reimbursable
basis, unless the Administrator certifies in advance that such
services are not available from private sector businesses.
Sec. 307. When the Department of Energy makes a user
facility available to universities and other potential users,
or seeks input from universities and other potential users
regarding significant characteristics or equipment in a user
facility or a proposed user facility, the Department shall
ensure broad public notice of such availability or such need
for input to universities and other potential users. When the
Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department
shall employ full and open competition in selecting such a
partner. For purposes of this section, the term ``user
facility'' includes, but is not limited to: (1) a user facility
as described in section 2203(a)(2) of the Energy Policy Act of
1992 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security
Administration Defense Programs Technology Deployment Center/
User Facility; and (3) any other Departmental facility
designated by the Department as a user facility.
Sec. 308. The Administrator of the National Nuclear
Security Administration may authorize the plant manager of a
covered nuclear weapons production plant to engage in research,
development, and demonstration activities with respect to the
engineering and manufacturing capabilities at such plant in
order to maintain and enhance such capabilities at such plant:
Provided, That of the amount allocated to a covered nuclear
weapons production plant each fiscal year from amounts
available to the Department of Energy for such fiscal year for
national security programs, not more than an amount equal to 2
percent of such amount may be used for these activities:
Provided further, That for purposes of this section, the term
``covered nuclear weapons production plant'' means the
following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas; and
(4) the Savannah River Plant, South Carolina.
Sec. 309. The Administrator of the National Nuclear
Security Administration may authorize the manager of the Nevada
Operations Office to engage in research, development, and
demonstration activities with respect to the development, test,
and evaluation capabilities necessary for operations and
readiness of the Nevada Test Site: Provided, That of the amount
allocated to the Nevada Operations Office each fiscal year from
amounts available to the Department of Energy for such fiscal
year for national security programs at the Nevada Test Site,
not more than an amount equal to 2 percent of such amount may
be used for these activities.
Sec. 310. Section 310 of the Energy and Water Development
Appropriations Act, 2000 (Public Law 106-60), is hereby
repealed.
Sec. 311. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2003 until the enactment of the Intelligence Authorization
Act for fiscal year 2003.
Sec. 312. None of the funds in this Act may be used to
dispose of transuranic waste in the Waste Isolation Pilot Plant
which contains concentrations of plutonium in excess of 20
percent by weight for the aggregate of any material category on
the date of enactment of this Act, or is generated after such
date. For the purposes of this section, the material categories
of transuranic waste at the Rocky Flats Environmental
Technology Site include: (1) ash residues; (2) salt residues;
(3) wet residues; (4) direct repackage residues; and (5) scrub
alloy as referenced in the ``Final Environmental Impact
Statement on Management of Certain Plutonium Residues and Scrub
Alloy Stored at the Rocky Flats Environmental Technology
Site''.
Sec. 313. Funds appropriated in Public Law 107-066 for the
Kachemak Bay submarine cable project may be available to
reimburse the local sponsor for the federal share of the
project costs assumed by the local sponsor prior to final
passage of that Act.
Sec. 314. Stay and Reinstatement of FERC License No. 11393.
(a) Upon the request of the licenseefor FERC Project No. 11393,
the Federal Energy Regulatory Commission shall issue an order staying
the license.
(b) Upon the request of the licensee for FERC Project No.
11393, but not later than 6 years after the date that the
Federal Energy Regulatory Commission receives written notice
that construction of the Swan-Tyee transmission line is
completed, the Federal Energy Regulatory Commission shall issue
an order lifting the stay and make the effective date of the
license the date on which the stay is lifted.
(c) Upon request of the licensee for FERC Project No. 11393
and notwithstanding the time period specified in section 13 of
the Federal Power Act for the commencement of construction, the
Commission shall, after reasonable notice and in accordance
with the good faith, due diligence, and public interest
requirements of that section, extend the time period during
which licensee is required to commence the construction of the
project for not more than one 2-year time period.
Sec. 315. (a) None of the funds made available under the
accounts ``non-defense environmental management'', ``uranium
facilities maintenance and remediation'', ``defense
environmental restoration and waste management'', or ``defense
facilities closure projects'' may be obligated at a Department
of Energy site or laboratory, or in association with a site or
laboratory, if the effect of such would result in the
Department of Energy exceeding for that site or laboratory the
comparable current-year level of funding, or the amount of the
fiscal year 2003 budget request, whichever is greater.
(b) The limitation of subsection (a) will not apply to a
site or laboratory after such time that the Department has
entered into a site performance management plan for that site
or laboratory consistent with the intent of the Department's
environmental management acceleration and reform initiative.
Sec. 316. Notwithstanding any other provision of law, the
National Nuclear Security Administration is prohibited from
taking any actions adversely affecting employment at the Nevada
Operations Office for a period of not less than 365 days,
unless the Administrator seeks and is granted a waiver, in
writing, from the House and Senate Committees on
Appropriations.
Sec. 317. Notwithstanding the provisions of any other law,
using funds appropriated in this title, the Secretary of Energy
shall proceed with planning and analyses for external
regulation of the Department's laboratories under the Office of
Science as directed in the statement of managers accompanying
this bill.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, and, for necessary expenses for the Federal Co-
Chairman and the alternate on the Appalachian Regional
Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services
as authorized by 5 U.S.C. 3109, and hire of passenger motor
vehicles, $71,290,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $19,000,000, to remain available until expended.
Delta Regional Authority
SALARIES AND EXPENSES
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding section 382N of
said Act, $8,000,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the
purchase, construction and acquisition of plant and capital
equipment as necessary and other expenses, $48,000,000, to
remain available until expended.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as
amended, and the Atomic Energy Act of 1954, as amended,
including official representation expenses (not to exceed
$15,000), and purchase of promotional items for use in the
recruitment of individuals for employment, $578,184,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $24,900,000 shall be derived from the
Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $520,087,000 in fiscal year 2003 shall
be retained and used for necessary salaries and expenses in
this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2003 so as to result in a final
fiscal year 2003 appropriation estimated at not more than
$58,097,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $6,800,000, to remain available until
expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $6,392,000 in fiscal year 2003 shall be retained
and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2003 so as to result in a final fiscal year 2003 appropriation
estimated at not more than $408,000.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,200,000, to be derived from the Nuclear Waste Fund,
and to remain available until expended.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a
notice describing the statement made in subsection (a) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined
by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription, or
any inscription with the same meaning, to any product sold in
or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 503. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 504. Section 309 of Title III--Denali Commission of
Division C--Other Matters of Public Law 105-277, as amended, is
further amended by striking ``2003'' and inserting in lieu
thereof ``thereafter''.
Sec. 505. Extension of Prohibition of Oil and Gas Drilling
in the Great Lakes. Section 503 of the Energy and Water
Development Appropriations Act, 2002 (115 Stat. 512), is
amended by striking ``2002 and 2003'' and inserting ``2002
through 2005''.
Sec. 506. Clarification of Indemnification to Promote
Economic Development. Title 42 U.S.C. Sec. 7274q is amended in
subsection (b)(2), by adding the following new subsection:
``(D) Any successor, assignee, transferee,
lender or lessee of a person or entity
described in subparagraphs (A) through (C).''.
Sec. 507. The Director of the Office of Management and
Budget shall transmit to the Congress by April 1, 2003, a
cross-cut budget displaying, by fiscal year, all CALFED Bay-
Delta Program related expenditures by the Federal government,
actual and projected, for fiscal years 1996 through 2004.
This division may be cited as the ``Energy and Water
Development Appropriations Act, 2003''.
DIVISION E--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS, 2003
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2003, and for
other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2003, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out the program for the current fiscal
year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other
than a nuclear-weapon state as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligible to
receive economic or military assistance under this Act, that
has detonated a nuclear explosive after the date of the
enactment of this Act: Provided further, That notwithstanding
section 1(c) of Public Law 103-428, as amended, sections 1(a)
and (b) of Public Law 103-428 shall remain in effect through
September 30, 2003.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, $512,900,000, to remain
available until September 30, 2006: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall remain available until
September 30, 2021 for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal
years 2003, 2004, 2005, and 2006: Provided further, That none
of the funds appropriated by this Act or any prior Act
appropriating funds for foreign operations, export financing,
and related programs for tied-aid credits or grants may be used
for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import
Bank Act of 1945, in connection with the purchase or lease of
any product by any East European country, any Baltic State or
any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
$68,300,000: Provided, That the Export-Import Bank may accept,
and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made: Provided
further, That, notwithstanding subsection (b) of section 117 of
the Export Enhancement Act of 1992, subsection (a) thereof
shall remain in effect until October 1, 2003.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the
limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $39,885,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the
purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $24,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Non-Credit Account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2003 and 2004: Provided further, That such
sums shall remain available through fiscal year 2011 for the
disbursement of direct and guaranteed loans obligated in fiscal
year 2003, and through fiscal year 2012 for the disbursement of
direct and guaranteed loans obligated in fiscal year 2004.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses to
carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged
with said account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $44,512,000,
to remain available until September 30, 2004.
In addition, for an additional amount for ``Trade and
Development Agency'' for trade capacity building assistance,
$2,500,000, to remain available until September 30, 2003:
Provided, That any funds made available by this paragraph shall
be made available subject to the regular notification
procedures of the Committees on Appropriations.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of1961, and for
other purposes, to remain available until September 30, 2003, unless
otherwise specified herein, as follows:
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds otherwise
available for such purposes, $1,836,500,000, to remain
available until September 30, 2005: Provided, That this amount
shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related
education programs; (4) assistance for displaced and orphaned
children; (5) programs for the prevention, treatment, and
control of, and research on, HIV/AIDS, tuberculosis, malaria,
polio and other infectious diseases; and (6) family planning/
reproductive health: Provided further, That none of the funds
appropriated under this heading may be made available for
nonproject assistance, except that funds may be made available
for such assistance for ongoing health activities: Provided
further, That of the funds appropriated under this heading, not
to exceed $150,000, in addition to funds otherwise available
for such purposes, may be used to monitor and provide oversight
of child survival, maternal and family planning/reproductive
health, and infectious disease programs: Provided further, That
the following amounts should be allocated as follows:
$324,000,000 for child survival and maternal health;
$27,000,000 for vulnerable children; $591,500,000 for HIV/AIDS
including not less than $18,000,000 which should be made
available to support the development of microbicides as a means
for combating HIV/AIDS; $155,500,000 for other infectious
diseases; $368,500,000 for family planning/reproductive health,
including in areas where population growth threatens
biodiversity or endangered species; and $120,000,000 for
UNICEF: Provided further, That of the funds appropriated under
this heading, and in addition to funds allocated under the
previous proviso, not less than $250,000,000 shall be made
available, notwithstanding any other provision of law, for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, and shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That the cumulative amount of
United States contributions to the Global Fund may not exceed
the total resources provided by other donors and available for
use by the Global Fund: Provided further, That of the funds
appropriated under this heading that are available for HIV/AIDS
programs and activities, up to $10,500,000 should be made
available for the International AIDS Vaccine Initiative, and up
to $100,000,000 should be made available for the International
Mother and Child HIV Prevention Initiative: Provided further,
That of the funds appropriated under this heading, up to
$60,000,000 may be made available for a United States
contribution to the Vaccine Fund, and up to $6,000,000 may be
transferred to and merged with funds appropriated by this Act
under the heading ``Operating Expenses of the United States
Agency for International Development'' for costs directly
related to international health, but funds made available for
such costs may not be derived from amounts made available for
contribution under the preceding provisos: Provided further,
That notwithstanding any other provision of this Act, funds
appropriated under this heading that are available for child
survival and health programs shall be apportioned to the United
States Agency for International Development, and the authority
of sections 632(a) or 632(b) of the Foreign Assistance Act of
1961, or any comparable provision of law, may not be used to
transfer or allocate any part of such funds to the Department
of Health and Human Services including any office of that
agency, except that the authority of those sections may be used
to transfer or allocate up to $25,000,000 of such funds to the
Centers for Disease Control and Prevention: Provided further,
That of the funds appropriated under this heading, $5,000,000
shall be made available to continue to support the provision of
wheelchairs for needy persons in developing countries: Provided
further, That none of the funds made available in this Act nor
any unobligated balances from prior appropriations may be made
available to any organization or program which, as determined
by the President of the United States, supports or participates
in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That none of the
funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided
further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further,
That in order to reduce reliance on abortion in developing
nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through
referral to, or information about access to, a broad range of
family planning methods and services, and that any such
voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning (this provision shall not be construed to
include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not
include payment of incentives, bribes, gratuities, or financial
reward to: (A) an individual in exchange for becoming a family
planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of
family planning acceptors, or acceptors of a particular method
of family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the
health benefits and risks of the method chosen, including those
conditions that might render the use of the method inadvisable
and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and
medicalprocedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which the
Administrator of the United States Agency for International Development
determines that there has been a violation of the requirements
contained in paragraph (1), (2), (3), or (5) of this proviso, or a
pattern or practice of violations of the requirements contained in
paragraph (4) of this proviso, the Administrator shall submit to the
Committees on Appropriations a report containing a description of such
violation and the corrective action taken by the Agency: Provided
further, That in awarding grants for natural family planning under
section 104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements of
the previous proviso: Provided further, That for purposes of this or
any other Act authorizing or appropriating funds for foreign
operations, export financing, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided
further, That nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section 104 of
the Foreign Assistance Act of 1961: Provided further, That the funds
under this heading that are available for the treatment and prevention
of HIV/AIDS should also include programs and activities that are
designed to maintain and preserve the families of those persons living
with HIV/AIDS and to reduce the numbers of orphans created by HIV/AIDS.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of
sections 103, 105, 106, and 131, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $1,389,000,000, to remain
available until September 30, 2004: Provided, That none of the
funds appropriated under title II of this Act that are managed
by or allocated to the United States Agency for International
Development's Global Development Secretariat, may be made
available except through the regular notification procedures of
the Committees on Appropriations: Provided further, That
$159,000,000 should be allocated for trade capacity building:
Provided further, That $218,000,000 should be allocated for
basic education, of which $20,000,000 should be made available
only for programs to increase the professional competence of
national and regional education administrators: Provided
further, That none of the funds appropriated under this heading
may be made available for any activity which is in
contravention to the Convention on International Trade in
Endangered Species of Flora and Fauna: Provided further, That
of the funds appropriated under this heading that are made
available for assistance programs for displaced and orphaned
children and victims of war, not to exceed $32,500, in addition
to funds otherwise available for such purposes, may be used to
monitor and provide oversight of such programs: Provided
further, That of the aggregate amount of the funds appropriated
by this Act that are made available for agriculture and rural
development programs, $25,000,000 should be made available for
plant biotechnology research and development: Provided further,
That not less than $2,300,000 should be made available for core
support for the International Fertilizer Development Center:
Provided further, That of the funds appropriated under this
heading, not less than $18,000,000 should be made available for
the American Schools and Hospitals Abroad program: Provided
further, That of the funds appropriated by this Act,
$100,000,000 shall be made available for drinking water supply
projects and related activities.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as amended,
$230,000,000, to remain available until expended.
In addition, for assistance for Afghanistan, $60,000,000 to
remain available until expended: Provided, That these funds
shall be used for humanitarian and reconstruction assistance
for the Afghan people including health and education programs,
housing, to improve the status of women, infrastructure, and
assistance for victims of war and displaced persons.
TRANSITION INITIATIVES
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $50,000,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees, as
authorized by sections 108 and 635 of the Foreign Assistance
Act of 1961, funds may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and
under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided, That such funds when added to the
funds transferred pursuant to the authority contained under
this heading in Public Law 107-115, shall not exceed
$24,500,000, which shall be made available only for micro and
small enterprise programs, urban programs, and other programs
which further the purposes of part I of the Act: Provided
further, That such costs shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
the provisions of section 107A(d) (relating to general
provisions applicable to the Development Credit Authority) of
the Foreign Assistance Act of 1961, as contained in section 306
of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable to
direct loans and loan guarantees provided under this heading.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for
International Development, $7,591,000, which may be transferred
to and merged with the appropriation for Operating Expenses of
the United States Agency for International Development:
Provided further, That funds made available under this heading
shall remain available until September 30, 2007.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act of
1980, $45,200,000.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For necessary expenses to carry out the provisions of
section 667, $572,000,000: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' may be made available to finance the
construction (including architect and engineering services),
purchase, or long term lease of offices for use by the United
States Agency for International Development, unless the
Administrator has identified such proposed construction
(including architect and engineering services), purchase, or
long term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided further,
That the previous proviso shall not apply where the total cost
of construction (including architect and engineering services),
purchase, or long term lease of offices does not exceed
$1,000,000.
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667, $43,000,000, to remain available until
expended: Provided, That this amount is in addition to funds
otherwise available for such purposes: Provided further, That
of the funds appropriated under this heading, up to $10,000,000
may be made available for costs related to the construction of
temporary, secure facilities for United States Agency for
International Development personnel in Afghanistan: Provided
further, That the Administrator of the United States Agency for
International Development shall assess fair and reasonable
rental payments for the use of space by employees of other
United States Government agencies in buildings constructed
using funds appropriated under this heading, and such rental
payments shall be deposited into this account as an offsetting
collection: Provided further, That the rental payments
collected pursuant to the previous proviso and deposited as an
offsetting collection shall be available for obligation only
pursuant to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
assignment of United States Government employees or contractors
to space in buildings constructed using funds appropriated
under this heading shall be subject to the concurrence of the
Administrator of the United States Agency for International
Development: Provided further, That funds appropriated under
this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of
section 667, $33,300,000, to remain available until September
30, 2004, which sum shall be available for the Office of the
Inspector General of the United States Agency for International
Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,270,000,000, to remain available until
September 30, 2004: Provided, That of the funds appropriated
under this heading, not less than $600,000,000 shall be
available only for Israel, which sum shall be available on a
grant basis as a cash transfer and shall be disbursed within 30
days of the enactment of this Act: Provided further, That not
less than $615,000,000 shall be available only for Egypt, which
sum shall be provided on a grant basis, and of which sum cash
transfer assistance shall be provided with the understanding
that Egypt will undertake significant economic reforms which
are additional to those which were undertaken in previous
fiscal years, and of which not less than $200,000,000 shall be
provided as Commodity Import Program assistance: Provided
further, That in exercising the authority to provide cash
transfer assistance for Israel, the President shall ensure that
the level of such assistance does not cause an adverse impact
on the total level of nonmilitary exports from the United
States to such country and that Israel enters into a side
letter agreement in an amount proportional to the fiscal year
1999 agreement: Provided further, That of the funds
appropriated under this heading, $250,000,000 should be made
available for assistance for Jordan: Provided further, That of
the funds appropriated under this heading, up to $1,000,000
should be used to further legal reforms in the West Bank and
Gaza, including judicial training on commercial disputes and
ethics: Provided further, That not to exceed $200,000,000 of
the funds appropriated under this heading in this Act may be
made available for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying direct loans and
guarantees for Pakistan: Provided further, Thatnot to exceed
$15,000,000 of the funds appropriated under this heading in Public Law
107-206, the Supplemental Appropriations Act for Further Recovery From
and Response To Terrorist Attacks on the United States, FY 2002, may be
made available for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying direct loans and
guarantees for Jordan: Provided further, That not less than $15,000,000
of the funds appropriated under this heading shall be made available
for Cyprus to be used only for scholarships, administrative support of
the scholarship program, bicommunal projects, and measures aimed at
reunification of the island and designed to reduce tensions and promote
peace and cooperation between the two communities on Cyprus: Provided
further, That not less than $35,000,000 of the funds appropriated under
this heading shall be made available for assistance for Lebanon to be
used, among other programs, for scholarships and direct support of the
American educational institutions in Lebanon: Provided further, That
notwithstanding section 534(a) of this Act, funds appropriated under
this heading that are made available for assistance for the Central
Government of Lebanon shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the Government of Lebanon should enforce the custody and international
pickup orders, issued during calendar year 2001, of Lebanon's civil
courts regarding abducted American children in Lebanon: Provided
further, That of the funds appropriated under this heading, $60,000,000
shall be made available for the United States Agency for International
Development for assistance for Indonesia: Provided further, That of the
funds appropriated under this heading, not less than $25,000,000 shall
be made available for assistance for the Democratic Republic of Timor-
Leste of which up to $1,000,000 may be available for administrative
expenses of the United States Agency for International Development:
Provided further, That of the funds appropriated under this heading,
not less than $2,000,000 should be made available for assistance for
countries to implement and enforce the Kimberley Process Certification
Scheme: Provided further, That $3,000,000 should be made available for
the international youth exchange program for secondary school students
from countries with significant Muslim populations: Provided further,
That funds appropriated under this heading may be used, notwithstanding
any other provision of law, to provide assistance to the National
Democratic Alliance of Sudan to strengthen its ability to protect
civilians from attacks, slave raids, and aerial bombardment by the
Sudanese Government forces and its militia allies, and the provision of
such funds shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That in the
previous proviso, the term ``assistance'' includes non-lethal, non-food
aid such as blankets, medicine, fuel, mobile clinics, water drilling
equipment, communications equipment to notify civilians of aerial
bombardment, non-military vehicles, tents, and shoes: Provided further,
That of the funds appropriated under this heading, not less than
$10,000,000 should be made available during fiscal year 2003 for a
contribution to the Special Court for Sierra Leone: Provided further,
That with respect to funds appropriated under this heading in this Act
or prior Acts making appropriations for foreign operations, export
financing, and related programs, the responsibility for policy
decisions and justifications for the use of such funds, including
whether there will be a program for a country that uses those funds and
the amount of each such program, shall be the responsibility of the
Secretary of State and the Deputy Secretary of State and this
responsibility shall not be delegated.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$25,000,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That funds made available under
this heading shall remain available until September 30, 2004.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $525,000,000, to remain
available until September 30, 2004, which shall be available,
notwithstanding any other provision of law, for assistance and
for related programs for Eastern Europe and the Baltic States:
Provided, That funds made available for assistance for Kosovo
from funds appropriated under this heading and under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' should not exceed 15
percent of the total resources pledged by all donors for
calendar year 2003 for assistance for Kosovo as of March 31,
2003: Provided further, That none of the funds made available
under this Act for assistance for Kosovo shall be made
available for large scale physical infrastructure
reconstruction: Provided further, That of the funds made
available under this heading for assistance for Kosovo, up to
$1,000,000 should be made available for assistance to support
training programs for Kosovar women: Provided further, That not
less than $5,000,000 shall be made available for assistance for
the Baltic States: Provided further, That of the funds made
available under this heading for assistance for Bulgaria,
$2,000,000 should be made available to enhance safety at
nuclear power plants.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for an
Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the Fund's disbursement of such funds
for program purposes. The Fund may retain for such program
purposes any interest earned on such deposits without returning
such interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available for
Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance.
(d) With regard to funds appropriated under this heading
for the economic revitalization program in Bosniaand
Herzegovina, and local currencies generated by such funds (including
the conversion of funds appropriated under this heading into currency
used by Bosnia and Herzegovina as local currency and local currency
returned or repaid under such program) the Administrator of the United
States Agency for International Development shall provide written
approval for grants and loans prior to the obligation and expenditure
of funds for such purposes, and prior to the use of funds that have
been returned or repaid to any lending facility or grantee.
(e) The provisions of section 529 of this Act shall apply
to funds made available under subsection (d) and to funds
appropriated under this heading: Provided, That notwithstanding
any provision of this or any other Act, including provisions in
this subsection regarding the application of section 529 of
this Act, local currencies generated by, or converted from,
funds appropriated by this Act and by previous appropriations
Acts and made available for the economic revitalization program
in Bosnia may be used in Eastern Europe and the Baltic States
to carry out the provisions of the Foreign Assistance Act of
1961 and the Support for East European Democracy (SEED) Act of
1989.
(f) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not complied
with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the
withdrawal of foreign forces, and that intelligence cooperation
on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and
Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $760,000,000, to remain available until September 30,
2004: Provided, That the provisions of such chapters shall
apply to funds appropriated by this paragraph: Provided
further, That of the funds made available for the Southern
Caucasus region, notwithstanding any other provision of law,
funds may be used for confidence-building measures and other
activities in furtherance of the peaceful resolution of the
regional conflicts, especially those in the vicinity of
Abkhazia and Nagorno-Karabagh: Provided further, That of the
funds appropriated under this heading, not less than $1,500,000
should be available only to meet the health and other
assistance needs of victims of trafficking in persons: Provided
further, That of the funds appropriated under this heading
$17,500,000 shall be made available solely for assistance for
the Russian Far East: Provided further, That, notwithstanding
any other provision of law, funds appropriated under this
heading in this Act or prior Acts making appropriations for
foreign operations, export financing, and related programs,
that are made available pursuant to the provisions of section
807 of the FREEDOM Support Act (Public Law 102-511) shall be
subject to a 6 percent ceiling on administrative expenses.
(b) Of the funds appropriated under this heading that are
made available for assistance for Ukraine, not less than
$20,000,000 should be made available for nuclear reactor safety
initiatives, and not less than $1,500,000 shall be made
available for coal mine safety programs, including mine
ventilation and fire prevention and control.
(c) Of the funds appropriated under this heading, not less
than $90,000,000 shall be made available for assistance for
Armenia.
(d)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the Russian
Federation, 60 percent shall be withheld from obligation until
the President determines and certifies in writing to the
Committees on Appropriations that the Government of the Russian
Federation:
(A) has terminated implementation of arrangements
to provide Iran with technical expertise, training,
technology, or equipment necessary to develop a nuclear
reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief
to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of
trafficking in persons; and
(B) activities authorized under title V
(Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
(e) Of the funds appropriated under this heading, not less
than $60,000,000 should be made available, in addition to funds
otherwise available for such purposes, for assistance for child
survival, basic education, environmental and reproductive
health/family planning, and to combat HIV/AIDS, tuberculosis
and other infectious diseases, and for related activities.
(f) None of the funds appropriated under this heading may
be made available for assistance for the Government of Ukraine
unless the Secretary of State determines and certifies to the
Committees on Appropriations that, since September 30, 2000,
the Government of Ukraine has not facilitated or engaged in
arms sales or arms transfers to Iraq: Provided, That this
paragraph shall not apply to assistance to combat infectious
diseases, nuclear safety programs and activities, or assistance
for victims of trafficking in persons, and to activities
authorized under title V (Nonproliferation and Disarmament
Programs and Activities) of the FREEDOM Support Act.
(g) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section
1424 of Public Law 104-201 or non-proliferation
assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import
Bank Act of 1945; or
(6) humanitarian assistance.
Independent Agencies
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $16,200,000,
to remain available until September 30, 2004.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980,
Public Law 96-533, $18,689,000, to remain available until
September 30, 2004: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the board of directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That this authority applies to interest
earned both prior to and following enactment of this provision:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, in exceptional
circumstances the board of directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
PEACE CORPS
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $297,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 2004: Provided further, That the
Director of the Peace Corps may make appointments or
assignments, or extend current appointments or assignments, to
permit United States citizens to serve for periods in excess of
five years in the case of individuals whose appointment or
assignment, such as regional safety security officers and
employees within the Office of the Inspector General, involves
the safety of Peace Corps volunteers: Provided further, That
the Director of the Peace Corps may make such appointments or
assignments notwithstanding the provisions of section 7 of the
Peace Corps Act limiting the length of an appointment or
assignment, the circumstances under which such an appointment
or assignment may exceed five years, and the percentage of
appointments or assignments that can be made in excess of five
years.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $197,000,000, to remain
available until expended: Provided, That during fiscal year
2003, the Department of State may also use the authority of
section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an
agency of the United States Government for the purpose of
providing it to a foreign country under chapter 8 of part I of
that Act subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds appropriated under this heading, not less than $5,000,000
shall be apportioned directly to the Department of the
Treasury, International Affairs Technical Assistance, to be
used for financial crimes and law enforcement technical
assistance programs: Provided further, That of the funds
appropriated under this heading, $10,000,000 should be made
available for the demand reduction program: Provided further,
That of the funds appropriated under this heading, $10,000,000
should be made available for anti-trafficking in persons
programs, including trafficking prevention, protection and
assistance for victims, and prosecution of traffickers:
Provided further, That of the funds appropriated under this
heading, not more than $24,180,000 may be available for
administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug
activities in the Andean region of South America, $700,000,000,
to remain available until expended: Provided, That in addition
to the funds appropriated under this heading and subject to the
regular notification procedures of the Committees on
Appropriations, the President may make available up to an
additional $31,000,000 for the Andean Counterdrug Initiative,
which may be derived from funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' in this
Act and in prior Acts making appropriations for foreign
operations, export financing, and related programs: Provided
further, That in fiscal year 2003, funds available to the
Department of State for assistance to the Government of
Colombia shall be available to support a unified campaign
against narcotics trafficking, against activities by
organizations designated as terrorist organizations such as the
Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), and the United Self-Defense Forces of
Colombia (AUC), and to take actions to protect human health and
welfare in emergency circumstances, including undertaking
rescue operations: Provided further, That this authority shall
cease to be effective if the Secretary of State has credible
evidence that the Colombian Armed Forces are not conducting
vigorous operations to restore government authority and respect
for human rights in areas under the effective control of
paramilitary and guerrilla organizations: Provided further,
That the President shall ensure that if any helicopter procured
with funds under this heading is used to aid or abet the
operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately
returned to the United States: Provided further, That none of
the funds appropriated by this Act may be made available to
support a Peruvian air interdiction program until the Secretary
of State and Director of Central Intelligence certify to the
Congress, 30 daysbefore any resumption of United States
involvement in a Peruvian air interdiction program, that an air
interdiction program that permits the ability of the Peruvian Air Force
to shoot down aircraft will include enhanced safeguards and procedures
to prevent the occurrence of any incident similar to the April 20, 2001
incident: Provided further, That the Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development, shall provide to the Committees on
Appropriations not later than 45 days after the date of the enactment
of this Act and prior to the initial obligation of funds appropriated
under this heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each proposed program,
project, or activity: Provided further, That of the amount appropriated
under this heading, not less than $250,000,000 shall be apportioned
directly to the United States Agency for International Development, to
be used for economic and social programs: Provided further, That of the
funds appropriated under this heading and under the heading ``Foreign
Military Financing Program'', not less than $5,000,000 should be made
available to support a Colombian Armed Forces unit dedicated to
apprehending the leaders of paramilitary organizations: Provided
further, That of the funds made available for assistance for Colombia
under this heading, up to $3,000,000 should be made available for
commercially developed, web monitoring software, and training on the
usage thereof, for the Colombian National Police: Provided further,
That of the funds made available for assistance for Colombia under this
heading, not less than $1,500,000 should be made available for
vehicles, equipment, and other assistance for the human rights unit of
the Procurador General: Provided further, That not more than 20 percent
of the funds appropriated by this Act that are used for the procurement
of chemicals for aerial coca and poppy fumigation programs may be made
available for such programs unless the Secretary of State, after
consultation with the Administrator of the Environmental Protection
Agency (EPA), certifies to the Committees on Appropriations that (1)
the herbicide mixture is being used in accordance with EPA label
requirements for comparable use in the United States and any additional
controls recommended by the EPA for this program, and with the
Colombian Environmental Management Plan for aerial fumigation; (2) the
herbicide mixture, in the manner it is being used, does not pose
unreasonable risks or adverse effects to humans or the environment; (3)
complaints of harm to health or licit crops caused by such fumigation
are evaluated and fair compensation is being paid for meritorious
claims; and such funds may not be made available for such purposes
unless programs are being implemented by the United States Agency for
International Development, the Government of Colombia, or other
organizations, in consultation with local communities, to provide
alternative sources of income in areas where security permits for
small-acreage growers whose illicit crops are targeted for fumigation:
Provided further, That section 482(b) of the Foreign Assistance Act of
1961 shall not apply to funds appropriated under this heading: Provided
further, That assistance provided with funds appropriated under this
heading that is made available notwithstanding section 482(b) of the
Foreign Assistance Act of 1961, as amended, shall be made available
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the provisions of section
3204(b) through (d) of Public Law 106-246, as amended by Public Law
107-115, shall be applicable to funds appropriated for fiscal year
2003: Provided further, That no United States Armed Forces personnel or
United States civilian contractor employed by the United States will
participate in any combat operation in connection with assistance made
available by this Act for Colombia: Provided further, That of the funds
appropriated under this heading, not less than $3,500,000 shall be made
available for assistance for the Colombian National Park Service for
training, equipment, and other assistance to protect Colombia's
national parks and reserves: Provided further, That of the funds
appropriated under this heading, not more than $15,680,000 may be
available for administrative expenses of the Department of State, and
not more than $4,500,000 may be available, in addition to amounts
otherwise available for such purposes, for administrative expenses of
the United States Agency for International Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by law,
a contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the
International Organization for Migration and the United Nations
High Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $787,000,000, which shall remain
available until expended: Provided, That not more than
$16,565,000 may be available for administrative expenses:
Provided further, That not less than $60,000,000 of the funds
made available under this heading shall be made available for
refugees from the former Soviet Union and Eastern Europe and
other refugees resettling in Israel: Provided further, That
funds appropriated under this heading may be made available for
a headquarters contribution to the International Committee of
the Red Cross only if the Secretary of State determines (and so
reports to the appropriate committees of Congress) that the
Magen David Adom Society of Israel is not being denied
participation in the activities of the International Red Cross
and Red Crescent Movement.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $26,000,000, to remain
available until expended.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$306,400,000, to carry out the provisions of chapter 8 of part
II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of
the Arms Export Control Actor the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA) and a voluntary contribution
to the Korean Peninsula Energy Development Organization (KEDO),
consistent with the provisions of section 562 of this Act, and for a
United States contribution to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission: Provided further, That of this amount not to
exceed $15,000,000, to remain available until expended, may be made
available for the Nonproliferation and Disarmament Fund,
notwithstanding any other provision of law, to promote bilateral and
multilateral activities relating to nonproliferation and disarmament:
Provided further, That such funds may also be used for such countries
other than the Independent States of the former Soviet Union and
international organizations when it is in the national security
interest of the United States to do so following consultation with the
appropriate committees of Congress: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is not being
denied its right to participate in the activities of that Agency:
Provided further, That of the funds made available for demining and
related activities, not to exceed $675,000, in addition to funds
otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of the demining
program: Provided further, That the Secretary of State is authorized to
provide not to exceed $250,000 for public-private partnerships for mine
action by grant, cooperative agreement, or contract.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961 (relating to
international affairs technical assistance activities),
$10,800,000, to remain available until expended, which shall be
available notwithstanding any other provision of law.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $80,000,000,
of which up to $3,000,000 may remain available until expended:
Provided, That the civilian personnel for whom military
education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under
this heading for military education and training for Guatemala
may only be available for expanded international military
education and training and funds made available for Algeria,
Nigeria and Guatemala may only be provided through the regular
notification procedures of the Committees on Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,072,000,000: Provided, That of the funds
appropriated under this heading, not less than $2,100,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only for
Egypt: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this
paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$550,000,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That except as provided in
the following proviso, none of the funds appropriated by this
paragraph may be made available for helicopters and related
support costs for Colombia: Provided further, That up to
$93,000,000 of the funds appropriated by this paragraph may be
transferred to and merged with funds appropriated under the
heading ``Andean Counterdrug Initiative'' for helicopters,
training and other assistance for the Colombian Armed Forces
for security for the Cano Limon pipeline: Provided further,
That funds appropriated by this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made available
under this paragraph shall be obligated upon apportionment in
accordance with paragraph (5)(C) of title 31, United States
Code, section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United
States Government specifying the conditions under which such
procurements may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the
funds appropriated under this heading shall be available for
assistance for Sudan and Liberia: Provided further, That funds
made available under this heading may be used, notwithstanding
any other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and
international organizations: Provided further, That none of the
funds appropriated under this heading shall be available for
assistance for Guatemala: Provided further, That only those
countries for which assistance was justified for the ``Foreign
Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may
utilize funds made available under this heading for procurement
of defense articles, defense services or design and
construction services that are not sold by the UnitedStates
Government under the Arms Export Control Act: Provided further, That
funds appropriated under this heading shall be expended at the minimum
rate necessary to make timely payment for defense articles and
services: Provided further, That not more than $38,000,000 of the funds
appropriated under this heading may be obligated for necessary
expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general
costs of administering military assistance and sales: Provided further,
That not more than $356,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year 2003
pursuant to section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided further, That
foreign military financing program funds estimated to be outlayed for
Egypt during fiscal year 2003 shall be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New York
within 30 days of enactment of this Act .
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$115,000,000: Provided, That none of the funds appropriated
under this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global
Environment Facility, $147,812,533, to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $850,000,000, to remain
available until expended.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $1,631,000, for the United
States paid-in share of the increase in capital stock, to
remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Multilateral Investment
Guarantee Agency may subscribe without fiscal year limitation
for the callable capital portion of the United States share of
such capital stock in an amount not to exceed $7,609,793.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION
For payment to the Inter-American Investment Corporation,
by the Secretary of the Treasury, $18,351,667, for the United
States share of the increase in subscriptions to capital stock,
to remain available until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $24,590,667, to remain
available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $97,886,133, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the
Secretary of the Treasury, $5,104,473, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $79,602,688.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $108,073,333, to remain available until
expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,804,955 for
the United States share of the paid-in portion of the increase
in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for
Reconstruction and Development may subscribewithout fiscal year
limitation to the callable capital portion of the United States share
of such capital stock in an amount not to exceed $123,328,178.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $15,003,667, to remain available
until expended.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $195,150,000: Provided, That none of
the funds appropriated under this heading may be made available
to the Korean Peninsula Energy Development Organization (KEDO)
or the International Atomic Energy Agency (IAEA): Provided
further, That of the funds appropriated under this heading, not
less than $500,000 should be made available for a United States
contribution to the International Coffee Organization (ICO) if
the United States becomes a member of the ICO prior to June 1,
2003: Provided further, That if the United States does not
rejoin the International Coffee Organization by June 1, 2003,
the amount allocated under the previous proviso should be made
available for the United Nations Center for Human Settlements
(UN-HABITAT) in addition to other funds made available for UN-
HABITAT under this heading.
TITLE V--GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
Sec. 501. Except for the appropriations entitled
``International Disaster Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund'', not more
than 15 percent of any appropriation item made available by
this Act shall be obligated during the last month of
availability.
PRIVATE AND VOLUNTARY ORGANIZATIONS
Sec. 502. (a) None of the funds appropriated or otherwise
made available by this Act for development assistance may be
made available to any United States private and voluntary
organization, except any cooperative development organization,
which obtains less than 20 percent of its total annual funding
for international activities from sources other than the United
States Government: Provided, That the Administrator of the
United States Agency for International Development, after
informing the Committees on Appropriations, may, on a case-by-
case basis, waive the restriction contained in this subsection,
after taking into account the effectiveness of the overseas
development activities of the organization, its level of
volunteer support, its financial viability and stability, and
the degree of its dependence for its financial support on the
agency.
(b) Funds appropriated or otherwise made available under
title II of this Act should be made available to private and
voluntary organizations at a level which is at least equivalent
to the level provided in fiscal year 1995.
LIMITATION ON RESIDENCE EXPENSES
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the United States Agency for
International Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $125,000 shall be available
for representation allowances for the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars: Provided further,
That of the funds made available by this Act for general costs
of administering military assistance and sales under the
heading ``Foreign Military Financing Program'', not to exceed
$2,000 shall be available for entertainment expenses and not to
exceed $125,000 shall be available for representation
allowances: Provided further, That of the funds made available
by this Act under the heading ``International Military
Education and Training'', not to exceed $50,000 shall be
available for entertainment allowances: Provided further, That
of the funds made available by this Act for the Inter-American
Foundation, not to exceed $2,000 shall be available for
entertainment and representation allowances: Provided further,
That of the funds made available by this Act for the Peace
Corps, not to exceed a total of $4,000 shall be available for
entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $2,000 shall be available
for representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
Sec. 506. None of the funds appropriated or made available
(other than funds for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'') pursuant to this Act, for
carrying out the Foreign Assistance Act of 1961, may be used,
except for purposes of nuclear safety, to finance the export of
nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Iraq, Libya, North Korea, Iran, Sudan, or Syria: Provided, That
for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance and
guarantees of the Export-Import Bank or its agents: Provided
further, That assistance or other financing under this Act or
under prior foreign operations, export financing, and related
programs appropriations Acts may be provided for humanitarian
and relief assistance for Iraq notwithstanding the provisions
of this section or any other provision of law, including
comparable provisions contained in prior foreign operations,
export financing, and related programs appropriations Acts, if
the President determines that the provision of assistance or
other financing for Iraq is importantto the national security
interests of the United States: Provided further, That such assistance
or financing shall be subject to the regular notification procedures of
the Committees on Appropriations, except that notifications shall be
transmitted at least 5 days in advance of obligations of funds:
Provided further, That the President shall submit a report to the
Committees on Appropriations on the status of the allocation,
obligation and expenditure of funds made available for Iraq not later
than every 60 days during fiscal year 2003, beginning on March 1, 2003:
Provided further, That each such report shall include information on
programs, projects, and activities that are being funded or will be
funded with such assistance or financing, and the departments and
agencies responsible for managing each such program, project, and
activity: Provided further, That the authority of the second proviso of
this section to provide assistance for Iraq shall expire on the date of
enactment of the first subsequent supplemental appropriations Act for
fiscal year 2003 that contains supplemental funding for appropriations
accounts contained in this Act.
MILITARY COUPS
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to the government of any
country whose duly elected head of government is deposed by
decree or military coup: Provided, That assistance may be
resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent
to the termination of assistance a democratically elected
government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to
promote democratic elections or public participation in
democratic processes: Provided further, That funds made
available pursuant to the previous provisos shall be subject to
the regular notification procedures of the Committees on
Appropriations.
TRANSFERS BETWEEN ACCOUNTS
Sec. 509. (a) None of the funds made available by this Act
may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
(b) Notwithstanding subsection (a), in addition to
transfers made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(c) None of the funds made available by this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in
this Act, unless the President, not less than five days prior
to the exercise of any authority contained in the Foreign
Assistance Act of 1961 to transfer funds, consults with and
provides a written policy justification to the Committees on
Appropriations of the House of Representatives and the Senate.
(d) Any agreement for the transfer or allocation of funds
appropriated by this Act, or prior Acts, entered into between
the United States Agency for International Development and
another agency of the United States Government under the
authority of section 632(a) of the Foreign Assistance Act of
1961 or any comparable provision of law, shall expressly
provide that the Office of the Inspector General for the agency
receiving the transfer or allocation of such funds shall
perform periodic program and financial audits of the use of
such funds: Provided, That funds transferred under such
authority may be made available for the cost of such audits.
DEOBLIGATION/REOBLIGATION AUTHORITY
Sec. 510. Obligated balances of funds appropriated to carry
out section 23 of the Arms Export Control Act as of the end of
the fiscal year immediately preceding the current fiscal year
are, if deobligated, hereby continued available during the
current fiscal year for the same purpose under any authority
applicable to such appropriations under this Act: Provided,
That the authority of this section may not be used in fiscal
year 2003.
AVAILABILITY OF FUNDS
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided in this
Act: Provided, That funds appropriated for the purposes of
chapters 1, 8, 11, and 12 of part I, section 667, chapter 4 of
part II of the Foreign Assistance Act of 1961, as amended,
section 23 of the Arms Export Control Act, and funds provided
under the heading ``Assistance for Eastern Europe and the
Baltic States'', shall remain available for an additional four
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform
objectives, shall remain available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to the government of
any country which is in default during a period in excess of
one calendar year in payment to the United States of principal
or interest on any loan made to the government of such country
by the United States pursuant to a program for which funds are
appropriated under this Act unless the President determines,
following consultations with the Committees on Appropriations,
that assistance to such country is in the national interest of
the United States.
COMMERCE AND TRADE
Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any loan,
any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in theUnited
States are likely to outweigh the injury to United States producers of
the same, similar, or competing commodity, and the Chairman of the
Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a
similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact in the export of agricultural
commodities of the United States; or
(2) research activities intended primarily to
benefit American producers.
SURPLUS COMMODITIES
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing
commodity.
NOTIFICATION REQUIREMENTS
Sec. 515. For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Andean Counterdrug Initiative'', ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for
the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Peacekeeping Operations'', ``Capital
Investment Fund'', ``Operating Expenses of the United States
Agency for International Development'', ``Operating Expenses of
the United States Agency for International Development Office
of Inspector General'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Foreign Military Financing
Program'', ``International Military Education and Training'',
``Peace Corps'', and ``Migration and Refugee Assistance'',
shall be available for obligation for activities, programs,
projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified
to the Appropriations Committees for obligation under any of
these specific headings unless the Committees on Appropriations
of both Houses of Congress are previously notified 15 days in
advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this section
shall not apply to any reprogramming for an activity, program,
or project under chapter 1 of part I of the Foreign Assistance
Act of 1961 of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided further, That in case of
any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS
Sec. 516. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under this
Act or any previously enacted Act making appropriations for
foreign operations, export financing, and related programs,
which are returned or not made available for organizations and
programs because of the implementation of section 307(a) of the
Foreign Assistance Act of 1961, shall remain available for
obligation until September 30, 2004.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
Sec. 517. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on
market principles, private ownership, respect for
commercial contracts, and equitable treatment of
foreign private investment; and
(2) if that government applies or transfers United
States assistance to any entity for the purpose of
expropriating or seizing ownership or control of
assets, investments, or ventures.
Assistance may be furnished without regard to this subsection
if the President determines that to do so is in the national
interest.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for assistance for a government
of an Independent State of the former Soviet Union if that
government directs any action in violation of the territorial
integrity or national sovereignty of anyother Independent State
of the former Soviet Union, such as those violations included in the
Helsinki Final Act: Provided, That such funds may be made available
without regard to the restriction in this subsection if the President
determines that to do so is in the national security interest of the
United States.
(c) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Georgia, and Ukraine shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and
natural resources) of the Foreign Assistance Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts
that are or have been made available for an Enterprise Fund in
the Independent States of the Former Soviet Union may be
deposited by such Fund in interest-bearing accounts prior to
the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program purposes any
interest earned on such deposits without returning such
interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available for
Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior
appropriations Acts under the heading ``Assistance for the
Independent States of the Former Soviet Union'' and under
comparable headings in prior appropriations Acts, for projects
or activities that have as one of their primary purposes the
fostering of private sector development, the Coordinator for
United States Assistance to the New Independent States and the
implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources
(including volunteer services and in-kind contributions) in
such projects and activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
EXPORT FINANCING TRANSFER AUTHORITIES
Sec. 519. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2003, for programs under title I of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
Sec. 520. None of the funds appropriated by this Act shall
be obligated or expended for Colombia, Liberia, Serbia, Sudan,
Zimbabwe, Pakistan, or the Democratic Republic of the Congo
except as provided through the regular notification procedures
of the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 521. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the appropriations Act
account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic Support
Fund and Foreign Military Financing Program, ``program,
project, and activity'' shall also be considered to include
country, regional, and central program level funding within
each such account; for the development assistance accounts of
the United States Agency for International Development
``program, project, and activity'' shall also be considered to
include central, country, regional, and program level funding,
either as: (1) justified to the Congress; or (2) allocated by
the executive branch in accordance with a report, to be
provided to the Committees on Appropriations within 30 days of
the enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
Sec. 522. Up to $13,500,000 of the funds made available by
this Act for assistance under the heading ``Child Survival and
Health Programs Fund'', may be used to reimburse United States
Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned
to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of
carrying out activities under that heading: Provided, That up
to $3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance''may be
used to reimburse such agencies, institutions, and organizations for
such costs of such individuals carrying out other development
assistance activities: Provided further, That funds appropriated by
this Act that are made available for child survival activities or
disease programs including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law: Provided further, That
funds appropriated under title II of this Act may be made available
pursuant to section 301 of the Foreign Assistance Act of 1961 if a
primary purpose of the assistance is for child survival and related
programs: Provided further, That of the funds appropriated under title
II of this Act, not less than $446,500,000 shall be made available for
family planning/reproductive health.
AFGHANISTAN
Sec. 523. Of the funds appropriated by title II of this
Act, not less than $295,500,000 shall be made available for
humanitarian, reconstruction, and related assistance for
Afghanistan: Provided, That of the funds made available
pursuant to this section, not less than $50,000,000 should be
from funds appropriated under the heading ``Economic Support
Fund'' for rehabilitation of primary roads, implementation of
the Bonn Agreement and women's development, of which not less
than $5,000,000 is to support activities coordinated by the
Afghan Ministry of Women's Affairs, including the establishment
and support of multi-service women's centers in Afghanistan:
Provided further, That of the funds made available pursuant to
this section from ``Development Assistance'', ``International
Disaster Assistance'' and ``Transition Initiatives'', high
priority should be placed on girls' and women's education,
health, legal and social rights, economic opportunities, and
political participation by women: Provided further, That
assistance should be made available to communities and families
that were adversely affected by the military operations:
Provided further, That of the funds made available pursuant to
this section, up to $9,850,000 may be transferred to and merged
with funds appropriated by this Act under the headings
``Operating Expenses of the United States Agency for
International Development'' and ``Operating Expenses of the
United States Agency for International Development Inspector
General''.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall notify
the Committees on Appropriations to the same extent and under
the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or
if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
AUTHORIZATION REQUIREMENT
Sec. 525. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'', ``International Military Education and Training'',
``Foreign Military Financing Program'', ``Migration and Refugee
Assistance'', ``Peace Corps'', and ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', may be obligated
and expended notwithstanding section 10 of Public Law 91-672
and section 15 of the State Department Basic Authorities Act of
1956.
DEMOCRACY PROGRAMS
Sec. 526. (a) Notwithstanding any other provision of law,
of the funds appropriated by this Act to carry out the
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961, not less than $15,000,000 shall be made available
for assistance for activities to support democracy, human
rights, and the rule of law in the People's Republic of China,
Hong Kong and Tibet: Provided, That not to exceed $3,000,000
may be made available to nongovernmental organizations to
support activities which preserve cultural traditions and
promote sustainable development and environmental conservation
in Tibetan communities in the Tibetan Autonomous Region and in
other Tibetan communities in China: Provided further, That
funds appropriated under the heading ``Economic Support Fund''
should be made available for assistance for Taiwan for the
purposes of furthering political and legal reforms: Provided
further, That such funds shall only be made available to the
extent that they are matched from sources other than the United
States Government: Provided further, That funds made available
pursuant to the authority of this subsection shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(b) In addition to the funds made available in subsection
(a), of the funds appropriated by this Act under the heading
``Economic Support Fund'' not less than $15,000,000 shall be
made available for programs and activities to foster democracy,
human rights, civic education, women's development, press
freedoms, and the rule of lawin countries with a significant
Muslim population, and where such programs and activities would be
important to United States efforts to respond to, deter, or prevent
acts of international terrorism: Provided, That funds made available
pursuant to the authority of this subsection should support new
initiatives or bolster ongoing programs and activities in those
countries: Provided further, That not less than $3,000,000 should be
made available for programs and activities that provide professional
training for journalists: Provided further, That notwithstanding any
other provision of law, funds made available pursuant to the authority
of this subsection may be made available to support the advancement of
democracy and human rights in Iran: Provided further, That funds made
available pursuant to this subsection shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c) Of the funds made available under subsection (a), not
less than $9,000,000 shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human
Rights and Labor, Department of State, to support the
activities described in subsection (a), and of the funds made
available under subsection (b), not less than $7,000,000 shall
be made available for such Fund to support the activities
described in subsection (b): Provided, That funds made
available in this section for such Fund are in addition to the
$12,000,000 requested by the President for the Fund for fiscal
year 2003.
(d) Of the funds made available under subsection (a), not
less than $3,000,000 shall be made available for the National
Endowment for Democracy to support the activities described in
subsection (a), and of the funds made available under
subsection (b), not less than $5,000,000 shall be made
available for the National Endowment for Democracy to support
the activities described in subsection (b): Provided, That the
funds appropriated by this Act that are made available for the
National Endowment for Democracy may be made available
notwithstanding any other provision of law or regulation, and
the Secretary of State shall provide a report to the Committees
on Appropriations within 120 days of the date of enactment of
this Act on the status of the allocation, obligation, and
expenditure of such funds.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 527. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under any
such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on
Appropriations.
DEBT-FOR-DEVELOPMENT
Sec. 528. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which
is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts local currencies which accrue to that organization as
a result of economic assistance provided under title II of this
Act and any interest earned on such investment shall be used
for the purpose for which the assistance was provided to that
organization.
SEPARATE ACCOUNTS
Sec. 529. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961 under agreements which
result in the generation of local currencies of that country,
the Administrator of the United States Agency for International
Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming Accountability.--The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of for
such purposes as maybe agreed to by the government of that
country and the United States Government.
(5) Reporting Requirement.--The Administrator of the United
States Agency for International Development shall report on an
annual basis as part of the justification documents submitted
to the Committees on Appropriations on the use of local
currencies for the administrative requirements of the United
States Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency (and
United States dollar equivalent) used and/or to be used for
such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapter 1 or 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on
Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
Sec. 530. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while the
United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while any
alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ
Sec. 531. None of the funds appropriated or otherwise made
available pursuant to this Act to carry out the Foreign
Assistance Act of 1961 (including title IV of chapter 2 of part
I, relating to the Overseas Private Investment Corporation) or
the Arms Export Control Act may be used to provide assistance
to any country that is not in compliance with the United
Nations Security Council sanctions against Iraq unless the
President determines and so certifies to the Congress that--
(1) such assistance is in the national interest of
the United States;
(2) such assistance will directly benefit the needy
people in that country; or
(3) the assistance to be provided will be
humanitarian assistance for foreign nationals who have
fled Iraq and Kuwait.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN
DEVELOPMENT FOUNDATION
Sec. 532. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related programs,
shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act. The
agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which
assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business
enterprise currently located in the United States for
the purpose of inducing such an enterprise to
relocateoutside the United States if such incentive or inducement is
likely to reduce the number of employees of such business enterprise in
the United States because United States production is being replaced by
such enterprise outside the United States; or
(b) assistance for any program, project, or
activity that contributes to the violation of
internationally recognized workers rights, as defined
in section 507(4) of the Trade Act of 1974, of workers
in the recipient country, including any designated zone
or area in that country: Provided, That the application
of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country,
micro and small-scale enterprise, and smallholder
agriculture.
SPECIAL AUTHORITIES
Sec. 534. (a) Afghanistan, Lebanon, Montenegro, Victims of
War, Displaced Children, and Displaced Burmese.--Funds
appropriated by this Act that are made available for assistance
for Afghanistan may be made available notwithstanding section
512 of this Act and any similar provision of law, and funds
appropriated in titles I and II of this Act that are made
available for Lebanon, Montenegro, and for victims of war,
displaced children, and displaced Burmese, and to assist
victims of trafficking in persons and, subject to the regular
notification procedures of the Committees on Appropriations, to
combat such trafficking, may be made available notwithstanding
any other provision of law.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to
sections 116, 502B, and 620A of the Foreign Assistance Act of
1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Agricultural Trade Development and Assistance
Act of 1954, may be used by the United States Agency for
International Development to employ up to 20 personal services
contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities
managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 7 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out the Foreign
Assistance Act of 1961 may be made available for personal
services contractors assigned only to the Office of
Procurement; the Bureau for Africa; and the Bureau for Asia and
the Near East: Provided further, That such funds appropriated
to carry out title II of the Agricultural Trade Development and
Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate
that it is important to the national security interests of the
United States.
(2) Period of Application of Waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(e) Contingencies.--During fiscal year 2003, the President
may use up to $45,000,000 under the authority of section 451 of
the Foreign Assistance Act, notwithstanding the funding ceiling
in section 451(a).
(f) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development may
provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(g) Shipment of Humanitarian Assistance.--During fiscal
year 2003, of the amounts made available by the United States
Agency for International Development to carry out the
provisions of section 123(b) of the Foreign Assistance Act of
1961, funds may be made available to nongovernmental
organizations for administrative costs necessary to implement a
program to obtain available donated space on commercial ships
for the shipment of humanitarian assistance overseas.
(h) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(i) Repeal.--Section 545(d) of Public Law 106-429, and
comparable provisions contained in prior Acts making
appropriations for foreign operations, export financing, and
related programs, are hereby repealed.
(j) World Food Program.--Of the funds managed by the
Bureau for Democracy, Conflict, and Humanitarian Assistance of
the United States Agency for Intenational Development, from
this or any other Act, not less than $6,000,000 should be made
available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
ARAB LEAGUE BOYCOTT OF ISRAEL
Sec. 535. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) the three Arab League countries with diplomatic
and trade relations with Israel should return their
ambassadors to Israel, should refrain from downgrading
their relations with Israel, and should play a
constructive role in securing a peaceful resolution of
the Israeli-Arab conflict;
(4) the remaining Arab League states should
normalize relations with their neighbor Israel;
(5) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(6) the President should report to Congress
annually on specific steps being taken by the United
States to encourage Arab League states to normalize
their relations with Israel to bring about the
termination of the Arab League boycott of Israel,
including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and
penalizing businesses that do comply.
ADMINISTRATION OF JUSTICE ACTIVITIES
Sec. 536. Of the funds appropriated or otherwise made
available by this Act for ``Economic Support Fund'', assistance
may be provided to strengthen the administration of justice in
countries in Latin America and the Caribbean and in other
regions consistent with the provisions of section 534(b) of the
Foreign Assistance Act of 1961, except that programs to enhance
protection of participants in judicial cases may be conducted
notwithstanding section 660 of that Act. Funds made available
pursuant to this section may be made available notwithstanding
section 534(c) and the second and third sentences of section
534(e) of the Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
Sec. 537. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2003, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
EARMARKS
Sec. 538. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with the
earmark is made impossible by operation of any provision of
this or any other Act: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated
by this Act and administered by the United States Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator of
such agency determines and reports promptly to the Committees
on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it
unlikely that such earmarked funds can be obligated during the
original period of availability: Provided, That such earmarked
funds that are continued available for an additional fiscal
year shall be obligated only for the purpose of such earmark.
CEILINGS AND EARMARKS
Sec. 539. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs. Earmarks or minimum funding
requirements contained in any other Act shall not be applicable
to funds appropriated by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 540. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $750,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
Sec. 541. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961, the
costs for participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION
Sec. 542. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upontimely request any
document, file, or record necessary to the auditing requirements of the
United States Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
Sec. 543. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
6(j) of the Export Administration Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the waiver authority of subsection (b) is
exercised, the President shall submit to the appropriate
congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include a
detailed explanation of the assistance to be provided,
including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States
national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN COUNTRIES
Sec. 544. (a) In General.--Of the funds appropriated under
this Act that are made available for a foreign country under
part I of the Foreign Assistance Act of 1961, an amount
equivalent to 110 percent of the total unpaid fines determined
to be owed under the parking programs in the District of
Columbia and New York City, New York by such country as of
September 30, 2002 that were incurred after the first day of
the fiscal year preceding the current fiscal year shall be
withheld from obligation for such country until the Secretary
of State certifies and reports in writing to the appropriate
congressional committees that such fines and penalties are
fully paid to the governments of the District of Columbia and
New York City, New York.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate and the Committee on International Relations and the
Committee on Appropriations of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
Sec. 545. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the Middle
East Peace Facilitation Act of 1995 (title VI of Public Law
104-107) or any other legislation to suspend or make
inapplicable section 307 of the Foreign Assistance Act of 1961
and that suspension is still in effect: Provided, That if the
President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank and
Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
Sec. 546. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961, as amended, of up to
$30,000,000 of commodities and services for the United Nations
War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or
authorize to deal with such violations, without regard to the
ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required under
section 552(c): Provided further, That the drawdown made under
this section for any tribunal shall not be construed as an
endorsement or precedent for the establishment of any standing
or permanent international criminal tribunal or court: Provided
further, That funds made available for tribunals other than
Yugoslavia or Rwanda shall be made available subject to the
regular notification procedures of the Committees on
Appropriations.
LANDMINES
Sec. 547. Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and used
in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
Sec. 548. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new
office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza
and Jericho or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles:
Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects
with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
Sec. 549. None of the funds appropriated or otherwise made
available by this Act under the heading ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Child Survival and Health Programs Fund'',
``Development Assistance'', and ``Economic Support Fund'' may
be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES
Sec. 550. None of the funds appropriated by this Act may be
made available to pay any voluntary contribution of the United
States to the United Nations (including the United Nations
Development Program) if the United Nations implements or
imposes any taxation on any United States persons.
CARIBBEAN BASIN
Sec. 551. (a) The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
(b) Of the funds appropriated by title II of this Act and
of the funds appropriated to carry out food assistance programs
managed by the United States Agency for International
Development, a total of not less than $52,500,000 should be
allocated for assistance for Haiti in fiscal year 2003.
(c) Of the funds appropriated by title II of this Act, a
total of $37,680,000 should be allocated for assistance for
Nicaragua and $40,130,000 should be allocated for assistance
for Honduras, to address the conditions of increasing poverty
in the rural sectors of those countries through programs that
support, among other things, increased agricultural production
and other income generating opportunities, improved health, and
expanded education opportunities, especially for disadvantaged
youth.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
Sec. 552. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate that waiving such prohibition is
important to the national security interests of the United
States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
Sec. 553. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights,
unless the Secretary determines and reports to the Committees
on Appropriations that the government of such country is taking
effective measures to bring the responsible members of the
security forces unit to justice: Provided, That nothing in this
section shall be construed to withhold funds made available by
this Act from any unit of the security forces of a foreign
country not credibly alleged to be involved in gross violations
of human rights: Provided further, That in the event that funds
are withheld from any unit pursuant to this section, the
Secretary of State shall promptly inform the foreign government
of the basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice.
PROTECTION OF BIODIVERSITY AND TROPICAL FORESTS
Sec. 554. Of the funds appropriated under the heading
``Development Assistance'', not less than $145,000,000 should
be made available for programs and activities which directly
protect biodiversity, including forests, in developing
countries: Provided, That of the funds made available under
this section, $50,000,000 shall be made available to carry out
tropical forest conservation activities authorized by the
Foreign Assistance Act of 1961, of which amount up to
$40,000,000 may be made available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees, pursuant to the provisions
of part V of such Act, the Tropical Forest Conservation Act of
1998.
ENERGY CONSERVATION, ENERGY EFFICIENCY AND CLEAN ENERGY PROGRAMS
Sec. 555. (a) Funding.--Of the funds appropriated by this
Act, not less than $175,000,000 should be made available to
support policies and programs in developing countries and
countries in transition that directly (1) promote a wide range
of energy conservation, energy efficiency and clean energy
programs and activities, including the transfer of clean and
environmentally sustainable energy technologies; (2) measure,
monitor, and reduce greenhouse gas emissions; (3) increase
carbon sequestration activities; and (4) enhance climate change
mitigation and adaptation programs.
(b) Greenhouse Gas Emissions Report.--Not later than 45
days after the date on which the President's fiscal year 2004
budget request is submitted to Congress, the President shall
submit a report to the Committees on Appropriations describing
in detail the following--
(1) all Federal agency obligations and
expenditures, domestic and international, for climate
change programs and activities in fiscal year 2003,
including an accounting of expenditures by agency with
each agency identifying climate change activities and
associated costs by line item as presented in the
President's Budget Appendix; and
(2) all fiscal year 2002 obligations and estimated
expenditures, fiscal year 2003 estimated expenditures
and estimated obligations, and fiscal year 2004
requested funds by the United States Agency for
International Development, by country and central
program, for each of the following: (1) to promote the
transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies;
(2) to assist in the measurement, monitoring,
reporting, verification, and reduction of greenhouse
gas emissions; (3) to promote carbon capture and
sequestration measures; (4) to help meet such
countries' responsibilities under the Framework
Convention on Climate Change; and (5) to develop
assessments of the vulnerability to impacts of climate
change and mitigation and adaptation response
strategies.
ZIMBABWE
Sec. 556. The Secretary of the Treasury shall instruct the
United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans, to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
NIGERIA
Sec. 557. None of the funds appropriated under the headings
``International Military Education and Training'' and ``Foreign
Military Financing Program'' may be made available for
assistance for Nigeria until the President certifies to the
Committees on Appropriations that the Nigerian Minister of
Defense, the Chief of the Army Staff, and the Minister of State
for Defense/Army are suspending from the Armed Forces those
members, of whatever rank, against whom there is credible
evidence of gross violations of human rights in Benue State in
October 2001, and the Government of Nigeria and the Nigerian
Armed Forces are taking effective measures to bring such
individuals to justice: Provided, That the President may waive
such prohibition if he determines that doing so is in the
national security interest of the United States: Provided
further, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations describing the involvement of the Nigerian Armed
Forces in the incident in Benue State, the measures that are
being taken to bring such individuals to justice, and whether
any Nigerian Armed Forces units involved with the incident in
Benue State are receiving United States assistance.
BURMA
Sec. 558. Of the funds appropriated under the heading
``Economic Support Fund'', not less than $7,000,000 shall be
made available to support democracy activities in Burma, along
the Burma-Thailand border, for activities of Burmese student
groups and other organizations located outside Burma, and for
the purpose of supporting the provision of humanitarian
assistance to displaced Burmese along Burma's borders:
Provided, That of this amount $500,000 should be made available
to support newspapers, publications, and other media activities
promoting democracy inside Burma: Provided further, That funds
made available under this heading may be made available
notwithstanding any other provision of law: Provided further,
That funds made available by this section shall be subject to
the regular notification procedures of the Committees on
Appropriations.
ENTERPRISE FUND RESTRICTIONS
Sec. 559. Prior to the distribution of any assets resulting
from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
CAMBODIA
Sec. 560. (a) The Secretary of the Treasury should instruct
the United States executive directors of the international
financial institutions to use the voice and vote of the United
States to oppose loans to the Central Government of Cambodia,
except loans to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may be
made available for assistance for the Central Government of
Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic
education, reproductive and maternal and child health, cultural
and historic preservation, programs for the prevention,
treatment, and control of, and research on, HIV/AIDS,
tuberculosis, malaria, polio and other infectious diseases,
programs to combat human trafficking that are provided through
nongovernmental organizations, and for the Ministry of Women
and Veterans Affairs to combat human trafficking.
(c) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', up to $5,000,000 may be made
available for activities to support democracy, including
assistance for democratic political parties.
(d) Of the funds appropriated by this Act, $3,750,000 shall
be made available, notwithstanding subsection (b), as a
contribution for an endowment to sustain rehabilitation
programs for Cambodians suffering from physical disabilities
that are administered by an American nongovernmental
organization that is directly supported by the United States
Agency for International Development: Provided, That such funds
may be made available only if an amount at least equal to one-
half the United States contribution is provided for the
endowment from sources other than the United States Government.
FOREIGN MILITARY TRAINING REPORT
Sec. 561. (a) The Secretary of Defense and the Secretary of
State shall jointly provide to the Congress by May 1, 2003, a
report on all military training provided to foreign military
personnel (excluding sales, and excluding training provided to
the military personnel of countries belonging to the North
Atlantic Treaty Organization) under programs administered by
the Department of Defense and the Department of State during
fiscal years 2002 and 2003, including those proposed for fiscal
year 2003. This report shall include, for each such military
training activity, the foreign policy justification and purpose
for the training activity, the cost of the training activity,
the number of foreign students trained and their units of
operation, and the location of the training. In addition, this
report shall also include, with respect to United States
personnel, the operational benefits to United States forces
derived from each such training activity and the United States
military units involved in each such training activity. This
report may include a classified annex if deemed necessary and
appropriate.
(b) For purposes of this section a report to Congress shall
be deemed to mean a report to the Appropriations and Foreign
Relations Committees of the Senate and the Appropriations and
International Relations Committees of the House of
Representatives.
KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION
Sec. 562. None of the funds appropriated by this Act, or
prior Acts making appropriations for foreign operations, export
financing, and related programs, may be made available for
assistance to the Korean Peninsula Energy Organization (KEDO):
Provided, That the President may waive this restriction and
provide up to $5,000,000 of funds appropriated under the
heading ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'' for assistance to KEDO for administrative
expenses only notwithstanding any other provision of law, if he
determines that it is vital to the national security interests
of the United States and provides a written policy
justification to the appropriate congressional committees:
Provided further, That funds may be obligated for assistance to
KEDO subject to the regular notification procedures of the
Committees on Appropriations.
PALESTINIAN STATEHOOD
Sec. 563. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a
Palestinian state unless the Secretary of State determines and
certifies to the appropriate congressional committees that--
(1) a new leadership of a Palestinian governing
entity has been democratically elected through credible
and competitive elections;
(2) the elected governing entity of a new
Palestinian state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to
counter terrorism and terrorist financing in
the West Bank and Gaza, including the
dismantling of terrorist infrastructures;
(C) is establishing a new Palestinian
security entity that is fully cooperative with
appropriate Israeli and other appropriate
security organizations; and
(3) the Palestinian Authority (or the governing
body of a new Palestinian state) is working with other
countries in the region to vigorously pursue efforts to
establish a just, lasting, and comprehensive peace in
the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the newly elected governing entity should enact a constitution
assuring the rule of law, an independent judiciary, and respect
for human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable
governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security interests
of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or a newly elected
governing entity, in order to help meet the requirements of
subsection (a), consistent with the provisions of section 552
of this Act (``Limitation on Assistance to the Palestinian
Authority'').
COLOMBIA
Sec. 564. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated
by this Act that are available for assistance for the Colombian
Armed Forces, may be made available as follows:
(1) Up to 75 percent of such funds may be obligated
prior to a determination and certification by the
Secretary of State pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be
obligated only after the Secretary of State certifies
and reports to the appropriate congressional committees
that:
(A) The Commander General of the Colombian
Armed Forces is suspending from the Armed
Forces those members, of whatever rank, who
have been credibly alleged to have committed
gross violations of human rights, including
extra-judicial killings, or to have aided or
abetted paramilitary organizations.
(B) The Colombian Government is prosecuting
those members of the Colombian Armed Forces, of
whatever rank, who have been credibly alleged
to have committed gross violations of human
rights, including extra-judicial killings, or
to have aided or abetted paramilitary
organizations, and is punishing those members
of the Colombian Armed Forces found to have
committed such violations of human rights or to
have aided or abetted paramilitary
organizations.
(C) The Colombian Armed Forces are
cooperating with civilian prosecutors and
judicial authorities in such cases (including
providing requested information, such as the
identity of persons suspended from the Armed
Forces and the nature and cause of the
suspension, and access to witnesses, relevant
military documents, and other requested
information).
(D) The Colombian Armed Forces are severing
links (including denying access to military
intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or
tacit cooperation) at the command, battalion,
and brigade levels, with paramilitary
organizations.
(E) The Colombian Armed Forces are
executing orders for capture of leaders of
paramilitary organizations that continue armed
conflict.
(3) The balance of such funds may be obligated
after July 31, 2003, if the Secretary of State
certifies and reports to the appropriate congressional
committees, after such date, that the Colombian Armed
Forces are continuing to meet the conditions contained
in paragraph (2) and are conducting vigorous operations
to restore government authority and respect for human
rights in areas under the effective control of
paramilitary and guerrilla organizations.
(b) Consultative Process.--At least 10 days prior to making
the certifications required by subsection (a), the Secretary of
State shall consult with internationally recognized human
rights organizations regarding progress in meeting the
conditions contained in that subsection.
(c) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or
abetted'' means to provide any support to paramilitary
groups, including taking actions which allow,
facilitate, or otherwise foster the activities of such
groups.
(2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives.
ILLEGAL ARMED GROUPS
Sec. 565. (a) Denial of Visas to Supporters of Colombian
Illegal Armed Groups.--Subject to subsection (b), the Secretary
of State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence--
(1) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Self-
Defense Forces of Colombia (AUC), including taking
actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross
violations of human rights, including extra-judicial
killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the
Secretary of State determines and certifies to the appropriate
congressional committees, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support the
peace process in Colombia or for urgent humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
Sec. 566. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
IRAQ
Sec. 567. Notwithstanding any other provision of law, funds
appropriated under the heading ``Economic Support Fund'' may be
made available for programs benefitting the Iraqi people and to
support efforts to bring about a political transition in Iraq:
Provided, That none of the funds made available pursuant to the
authorities provided in this section may be made available to
any organization to reimburse or pay for costs incurred by such
organization in prior fiscal years: Provided further, That
funds made available under this section are made available
subject to the regular notification procedures of the
Committees on Appropriations.
WEST BANK AND GAZA PROGRAM
Sec. 568. (a) Oversight.--For fiscal year 2003, 30 days
prior to the initial obligation of funds for the bilateral West
Bank and Gaza Program, the Secretary of State shall certify to
the appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the
United States will have access to appropriate United States
financial information in order to review the uses of United
States assistance for the Program funded under the heading
``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual or entity that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity.
The Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection.
(c) Audits.--(1) The Administrator of the United States
Agency for International Development shall ensure that Federal
or non-Federal audits of all contractors and grantees, and
significant subcontractors and subgrantees, under the West Bank
and Gaza Program, are conducted at least on an annual basis to
ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for the West Bank and Gaza, up to $1,000,000 may be
used by the Office of the Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection. Such funds are in addition to
funds otherwise available for such purposes.
INDONESIA
Sec. 569. Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made available
for assistance for Indonesia, and licenses may be issued for
the export of lethal defense articles for the Indonesian Armed
Forces, only if the President certifies to the appropriate
congressional committees that--
(1) the Indonesia Minister of Defense is suspending
from the Armed Forces those members, of whatever rank,
who have been credibly alleged to have committed gross
violations of human rights, or to have aided or abetted
militia groups;
(2) the Indonesian Government is prosecuting those
members of the Indonesian Armed Forces, of whatever
rank, who have been credibly alleged to have committed
gross violations of human rights, or to have aided or
abetted militia groups, and is punishing those members
of the Indonesian Armed Forces found to have committed
such violations ofhuman rights or to have aided or
abetted militia groups;
(3) the Indonesian Armed Forces are cooperating
with civilian prosecutors and judicial authorities in
such cases (including providing access to witnesses,
relevant military documents, and other requested
information); and
(4) the Minister of Defense is making publicly
available audits of receipts and expenditures of the
Indonesian Armed Forces.
RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS DESTABILIZING SIERRA LEONE
Sec. 570. (a) None of the funds appropriated by this Act
may be made available for assistance for the government of any
country for which the Secretary of State determines there is
credible evidence that such government has aided or abetted,
within the previous 6 months, in the illicit distribution,
transportation, or sale of diamonds mined in Sierra Leone.
(b) Whenever the prohibition on assistance required under
subsection (a) is exercised, the Secretary of State shall
notify the Committees on Appropriations in a timely manner.
VOLUNTARY SEPARATION INCENTIVES
Sec. 571. Section 579(c)(2)(D) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2000, as enacted by section 1000(a)(2) of the Consolidated
Appropriations Act, 2000 (Public Law 106-113), as amended, is
amended by striking ``December 31, 2002'' and inserting in lieu
thereof ``January 1, 2003''.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
Sec. 572. Funds appropriated in Public Law 107-115 that
were available for the United Nations Population Fund (UNFPA),
and an equal amount in this Act, shall be made available for
the UNFPA if the President determines that the UNFPA no longer
supports or participates in the management of a program of
coercive abortion or involuntary sterilization: Provided, That
none of the funds made available for the UNFPA may be used in
the People's Republic of China: Provided further, That the
other conditions on availability of funds for abortion and
abortion-related activities contained in either this Act or
Public Law 107-115, including but not limited to section
576(c), shall apply to any assistance provided for the UNFPA in
this Act or Public Law 107-115, respectively: Provided further,
That the conditions on availability of funds for the UNFPA as
contained in section 576 (c) of Public Law 107-115 shall apply
to any assistance provided for the UNFPA in this Act: Provided
further, That the amount of funds that the UNFPA plans to spend
in the People's Republic of China in calendar years 2002 and
2003, as determined by the Secretary of State, shall be
deducted from funds made available to the UNFPA under Public
Law 107-115 and this Act.
PROCUREMENT AND FINANCIAL MANAGEMENT REFORM
Sec. 573. (a) Funding Conditions.--Of the funds made
available under the heading ``International Financial
Institutions'' in this Act, 10 percent of the United States
portion or payment to such International Financial Institution
shall be withheld by the Secretary of the Treasury, until the
Secretary certifies to the Committees on Appropriations that,
to the extent pertinent to its lending programs, the
institution is--
(1) implementing procedures for conducting annual
audits by qualified independent auditors for all new
investment lending;
(2) implementing procedures for annual independent
external audits of central bank financial statements
for countries making use of International Monetary Fund
resources under new arrangements or agreements with the
Fund;
(3) taking steps to establish an independent fraud
and corruption investigative organization or office;
(4) implementing a process to assess a recipient
country's procurement and financial management
capabilities including an analysis of the risks of
corruption prior to initiating new investment lending;
and
(5) taking steps to fund and implement programs and
policies to improve transparency and anti-corruption
programs and procurement and financial management
controls in recipient countries.
(b) Definitions.--The term ``International Financial
Institutions'' means the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the Inter-American Investment Corporation,
the Enterprise for the Americas Multilateral Investment Fund,
the Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
European Bank for Reconstruction and Development, and the
International Monetary Fund.
CENTRAL ASIA
Sec. 574. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Uzbekistan only
if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Uzbekistan
is making substantial and continuing progress in meeting its
commitments under the ``Declaration on the Strategic
Partnership and Cooperation Framework Between the Republic of
Uzbekistan and the United States of America''.
(b) Funds appropriated by this Act may be made available
for assistance for the Government of Kazakhstan only if the
Secretary of State determines and reports to the Committees on
Appropriations that the Government of Kazakhstan has made
significant improvements in the protection of human rights
during the preceding six month period.
(c) The Secretary of State may waive the requirements under
subsection (b) if he determines and reports to the Committees
on Appropriations that such a waiver is in the national
security interests of the United States.
(d) Not later than October 1, 2003, the Secretary of State
shall submit a report to the Committees on Appropriations
describing the following:
(1) The defense articles, defense services, and
financial assistance provided by the United States to
the countries of Central Asia during the six-month
period ending 30 days prior to submission of each such
report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armedforces, border
guards, or other security forces of such countries.
(e) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 575. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
WAR CRIMINALS
Sec. 576. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'')
all persons in their territory who have been indicted by the
Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access
for investigators to archives and witnesses, the
provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton
Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension of
any new project involving financial or technical assistance or
grants to any country or entity described in subsection (a),
the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on
Appropriations a written justification for the proposed
assistance, including an explanation of the United States
position regarding any such vote, as well as a description of
the location of the proposed assistance by municipality, its
purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult
with representatives of human rights organizations and all
government agencies with relevant information to help prevent
indicted war criminals from benefiting from any financial or
technical assistance or grants provided to any country or
entity described in subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro and the Republika Srpska.
(3) Municipality.--The term ``municipality'' means
a city, town or other subdivision within a country or
entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords''
means the General Framework Agreement for Peace in
Bosnia and Herzegovina, together with annexes relating
thereto, done at Dayton, November 10 through 16, 1995.
USER FEES
Sec. 577. The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) and the International
Monetary Fund to oppose any loan, grant, strategy or policy of
these institutions that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention and treatment efforts for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal
well-being, in connection with the institutions' financing
programs.
FUNDING FOR SERBIA
Sec. 578. (a) Funds appropriated by this Act may be made
available for assistance for Serbia after June 15, 2003, if the
President has made the determination and certification
contained in subsection (c).
(b) After June 15, 2003, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of the Federal Republic of
Yugoslavia (or a government of a successor state) subject to
the conditions in subsection (c): Provided, That section 576 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997, as amended, shall not apply to the
provision of loans and assistance to the Federal Republic of
Yugoslavia (or a successor state) through international
financial institutions.
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of the Federal Republic of Yugoslavia (or a
government of a successor state) is--
(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, and the
surrender and transfer of indictees or assistance in
their apprehension;
(2) taking steps that are consistent with the
Dayton Accords to end Serbian financial, political,
security and other support which has served to maintain
separate Republika Srpska institutions; and
(3) taking steps to implement policies which
reflect a respect for minority rights and the rule of
law, including the release of political prisoners from
Serbian jails and prisons.
(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy in
municipalities.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
Sec. 579. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide
assistance for a foreign country under a new bilateral
agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a
provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign
government, and the Secretary of State shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2003 by a foreign government or entity against commodities
financed under United States assistance programs for which
funds are appropriated by this Act, either directly or through
grantees, contractors and subcontractors, as of the date of the
enactment of this Act, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2004 and
allocated for the central government of such country and for
the West Bank and Gaza Program to the extent that the Secretary
of State certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Refund to the Treasury and Reprogramming of Funds.--Of
the funds withheld from obligation for each country or entity
pursuant to subsection (b), one-half may become available for
reprogramming for other purposes (pursuant to section 515 of
this Act and consistent with the purposes for which such funds
were originally appropriated) and one-half shall be deposited
in the General Fund of the Treasury on, or within 5 days after,
September 1, 2004, pursuant to the certification required under
subsection (b).
(e) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(f) Report.--Not later than February 1, 2004, the
Comptroller General of the United States shall submit a report
to the Committees on Appropriations which assesses the
following--
(1) the extent to which existing bilateral
agreements provide exemption from taxation;
(2) the status of negotiations of new framework
bilateral agreements or modifications of existing
framework bilateral agreements;
(3) the reasons why new framework bilateral
agreements or modifications of existing bilateral
agreements, entered into within the previous 5 years,
have (as appropriate) failed to include exemption from
taxation; and
(4) the administrative procedures that foreign
governments use to ensure that United States assistance
commodities are not taxed or, if they are, that such
taxes are reimbursed to the United States Government,
and the adequacy of those procedures.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
GAO REPORT
Sec. 580. Not later than November 1, 2003, the Comptroller
General of the United States shall provide a report to the
Committees on Appropriations on the extent to which the
Department of State is complying with section 301(c) of the
Foreign Assistance Act of 1961, andon the implementation of
procedures that have been established to meet the standards of the
Department of State regarding compliance with the requirements of
section 301(c).
TRAINING PROGRAM EVALUATION
Sec. 581. Not later than June 30, 2003, the Secretary of
State, in consultation with the Secretary of Defense, shall
submit a report to the Committees on Appropriations describing
in detail the steps that the Departments of State and Defense
are making to improve performance evaluation procedures for the
International Military Education and Training (IMET) program
and the progress that the Departments of State and Defense are
making in implementing section 548 of the Foreign Assistance
Act of 1961.
COMMUNITY-BASED POLICE ASSISTANCE
Sec. 582. (a) Authority.--Funds made available to carry out
the provisions of chapter 1 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
in Jamaica and El Salvador through training and technical
assistance in human rights, the rule of law, strategic
planning, and through assistance to foster civilian police
roles that support democratic governance including assistance
for programs to prevent conflict and foster improved police
relations with the communities they serve.
(b) Report.--
(1) The Administrator of the United States Agency
for International Development shall submit, at the time
of submission of the agency's Congressional Budget
Justification Document for fiscal year 2004, and
annually thereafter, a report to the Committees on
Appropriations describing the progress these programs
are making toward improving police relations with the
communities they serve and institutionalizing an
effective community-based police program.
(2) The requirements of paragraph (1) are in lieu
of the requirements contains in section 587(b) of
Public Law 107-115.
(c) Notification.--Assistance provided under subsection (a)
shall be subject to the regular notification procedures of the
Committees on Appropriations.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
RESTRICTIONS
Sec. 583. (a) Limitation on Use of Funds by OPIC.--None of
the funds made available in this Act may be used by the
Overseas Private Investment Corporation to insure, reinsure,
guarantee, or finance any investment in connection with a
project involving the mining, polishing or other processing, or
sale of diamonds in a country that fails to meet the
requirements of subsection (c).
(b) Limitation on Use of Funds by the Export-Import Bank.--
None of the funds made available in this Act may be used by the
Export-Import Bank of the United States to guarantee, insure,
extend credit, or participate in an extension of credit in
connection with the export of any goods to a country for use in
an enterprise involving the mining, polishing or other
processing, or sale of diamonds in a country that fails to meet
the requirements of subsection (c).
(c) Requirements.--The requirements referred to in
subsections (a) and (b) are that the country concerned is
implementing the recommendations, obligations and requirements
developed by the Kimberley Process on conflict diamonds, or
taking other measures that the Secretary of State determines to
contribute effectively to preventing and eliminating the trade
in conflict diamonds.
TRADE CAPACITY BUILDING
Sec. 584. Of the funds appropriated by this Act, under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'', and
``International Organizations and Programs'', not less than
$452,000,000 should be made available for trade capacity
building assistance.
TRANSPARENCY AND ACCOUNTABILITY
Sec. 585. (a) Findings.--The Congress finds that--
(1) There is a lack of transparency in the revenues
and expenditures of the national budgets of many
developing countries that receive United States
assistance.
(2) In such countries, official revenues--
particularly from natural resource extraction--are
often unreported, under-reported, or inaccurately
recorded by foreign government agencies.
(3) Such inefficiencies--which in some instances
mask outright theft--result in the failure of such
governments to adequately provide their citizens with
social, political, economic, and legal benefits and
opportunities, and undermine the effectiveness of
assistance provided to such countries by the United
States and other international donors.
(4) Good governance and respect for the rule of law
are critical to a nation's development.
(b) Report.--Not more than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations, describing in detail--
(1) Those countries whose central governments
receive foreign assistance from the United States;
(2) Relevant laws and regulations in such countries
governing the public disclosure of revenues and
expenditures in national budgets;
(3) The adequacy of those laws and regulations, and
the extent to which they are implemented and enforced;
(4) Those countries receiving such assistance where
no such laws or regulations exist, and the extent to
which such revenues and expenditures are publicly
disclosed; and
(5) Programs and activities sponsored by the United
States Government to promote accurate disclosure of
revenues and expenditures in the national budgets of
such countries, and the results of those programs and
activities.
AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL SALVADOR AND GUATEMALA
Sec. 586. (a) Information relevant to the December 2, 1980,
murders of four American churchwomen in El Salvador, and the
May 5, 2001, murder of Sister Barbara Ann Ford and the murders
of other American citizens in Guatemala since December 1999,
should be investigated and made public.
(b) Not later than 45 days after enactment of this Act, the
President shall order all Federal agencies and departments,
including the Federal Bureau of Investigation, that possess
relevant information, to expeditiously declassify and release
to the victims' families such information, consistent with
existing standards and procedures on classification, and shall
provide a copy of such order to the Committees on
Appropriations.
(c) In making determinations concerning declassification
and release of relevant information, all Federal agencies and
departments should use the discretion contained within such
existing standards and procedures on classification in support
of releasing, rather than withholding, such information.
(d) All reasonable efforts should be taken by the American
Embassy in Guatemala to work with relevant agencies of the
Guatemalan Government to protect the safety of American
citizens in Guatemala, and to assist in the investigations of
violations of human rights.
This division may be cited as the ``Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2003''.
DIVISION F--INTERIOR AND RELATED AGENCIES APPROPRIATIONS, 2003
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2003, and for other
purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of
the Interior and related agencies for the fiscal year ending
September 30, 2003, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$825,712,000, to remain available until expended, of which
$1,000,000 is for high priority projects which shall be carried
out by the Youth Conservation Corps; of which $2,500,000 shall
be available for assessment of the mineral potential of public
lands in Alaska pursuant to section 1010 of Public Law 96-487
(16 U.S.C. 3150); and of which not to exceed $1,000,000 shall
be derived from the special receipt account established by the
Land and Water Conservation Act of 1965, as amended (16 U.S.C.
460l-6a(i)); and of which $3,000,000 shall be available in
fiscal year 2003 subject to a match by at least an equal amount
by the National Fish and Wildlife Foundation, to such
Foundation for cost-shared projects supporting conservation of
Bureau lands and such funds shall be advanced to the Foundation
as a lump sum grant without regard to when expenses are
incurred; in addition, $32,696,000 for Mining Law
Administration program operations, including the cost of
administering the mining claim fee program; to remain available
until expended, to be reduced by amounts collected by the
Bureau and credited to this appropriation from annual mining
claim fees so as to result in a final appropriation estimated
at not more than $825,712,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities: Provided, That appropriations
herein made shall not be available for the destruction of
healthy, unadopted, wild horses and burros in the care of the
Bureau or its contractors.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $654,406,000, to
remain available until expended, of which not to exceed
$12,374,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or
office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this Act,
the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous
fuels reduction activities, and for training and monitoring
associated with such hazardous fuels reduction activities, on
Federal land, or on adjacent non-Federal land for activities
that benefit resources on Federal land: Provided further, That
the costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That in entering into such grants or cooperative agreements,
the Secretary may consider the enhancement of local and small
business employment opportunities for rural communities, and
that in entering into procurement contracts under this section
on a best value basis, the Secretary may take into account the
ability of an entity to enhance local and small business
employment opportunities in rural communities, and that the
Secretary may award procurement contracts, grants, or
cooperative agreements under this section to entities that
include local non-profit entities, Youth Conservation Corps or
related partnerships, or small or disadvantaged businesses:
Provided further, That funds appropriated under this head may
be used to reimburse the United States Fish and Wildlife
Service and the National Marine Fisheries Service for the costs
of carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7of such Act in connection
with wildland fire management activities: Provided further, That the
Secretary of the Interior may use wildland fire appropriations to enter
into non-competitive sole source leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity associated
with the lease.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.), $9,978,000,
to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by
a party in advance of or as reimbursement for remedial action
or response activities conducted by the Department pursuant to
section 107 or 113(f) of such Act, shall be credited to this
account to be available until expended without further
appropriation: Provided further, That such sums recovered from
or paid by any party are not limited to monetary payments and
may include stocks, bonds or other personal or real property,
which may be retained, liquidated, or otherwise disposed of by
the Secretary and which shall be credited to this account.
CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $11,976,000, to
remain available until expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $220,000,000, of which
not to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative expenses
and acquisition of lands or waters, or interests therein,
$33,450,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein
including existing connecting roads on or adjacent to such
grant lands; $105,633,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning,
preparing, implementing and monitoring salvage timber sales and
forest ecosystem health and recovery activities such as release
from competing vegetation and density control treatments. The
Federal share of receipts (defined as the portion of salvage
timber receipts not paid to the counties under 43 U.S.C. 1181f
and 43 U.S.C. 1181f-1 et seq., and Public Law 106-393) derived
from treatments funded by this account shall be deposited into
the Forest Ecosystem Health and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided, That
not to exceed $600,000 shall be available for administrative
expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated suchamounts as may
be contributed under section 307 of the Act of October 21, 1976 (43
U.S.C. 1701), and such amounts as may be advanced for administrative
costs, surveys, appraisals, and costs of making conveyances of omitted
lands under section 211(b) of that Act, to remain available until
expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for
solely on her certificate, not to exceed $10,000: Provided,
That notwithstanding 44 U.S.C. 501, the Bureau may, under
cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share the cost of printing either in cash or in
services, and the Bureau determines the cooperator is capable
of meeting accepted quality standards.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and
Wildlife Service, for scientific and economic studies,
conservation, management, investigations, protection, and
utilization of fishery and wildlife resources, except whales,
seals, and sea lions, maintenance of the herd of long-horned
cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized
functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $917,429,000, to
remain available until September 30, 2004, except as otherwise
provided herein: Provided, That not less than $2,000,000 shall
be provided to local governments in southern California for
planning associated with the Natural Communities Conservation
Planning (NCCP) program and shall remain available until
expended: Provided further, That $2,000,000 is for high
priority projects which shall be carried out by the Youth
Conservation Corps: Provided further, That not to exceed
$9,077,000 shall be used for implementing subsections (a), (b),
(c), and (e) of section 4 of the Endangered Species Act, as
amended, for species that are indigenous to the United States
(except for processing petitions, developing and issuing
proposed and final regulations, and taking any other steps to
implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
$6,000,000 shall be used for any activity regarding the
designation of critical habitat, pursuant to subsection (a)(3),
excluding litigation support, for species already listed
pursuant to subsection (a)(1) as of the date of enactment this
Act: Provided further, That of the amount available for law
enforcement, up to $400,000 to remain available until expended,
may at the discretion of the Secretary, be used for payment for
information, rewards, or evidence concerning violations of laws
administered by the Service, and miscellaneous and emergency
expenses of enforcement activity, authorized or approved by the
Secretary and to be accounted for solely on her certificate:
Provided further, That of the amount provided for environmental
contaminants, up to $1,000,000 may remain available until
expended for contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $54,427,000, to remain available until
expended: Provided, That notwithstanding any other provision of
law, a single procurement for the expansion of the Clark R.
Bavin Forensics Laboratory in Oregon may be issued, which
includes the full scope of the project: Provided further, That
the solicitation and the contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232.18: Provided
further, That notwithstanding any other provision of law, a
single procurement for the construction of the Kodiak National
Wildlife Refuge visitor center may be issued which includes the
full scope of the project: Provided further, That the
solicitation and the contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232.18.
land acquisition
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $73,370,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended: Provided, That none of the funds
appropriated for specific land acquisition projects can be used
to pay for any administrative overhead, planning or other
management costs.
LANDOWNER INCENTIVE PROGRAM
(INCLUDING RESCISSION)
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for private
conservation efforts to be carried out on private lands,
$40,000,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended: Provided, That the
amount provided herein is for a Landowner Incentive Program
established by the Secretary that provides matching,
competitively awarded grants to States, the District of
Columbia, Tribes, Puerto Rico, Guam, the United States Virgin
Islands, the Northern Mariana Islands, and American Samoa, to
establish, or supplement existing, landowner incentive programs
that provide technical and financial assistance, including
habitat protection and restoration, to private landowners for
the protection and management of habitat to benefit federally
listed, proposed, or candidate species, or other at-risk
species on private lands: Provided further, That from
unobligated balances of prior year appropriations, an amount of
$40,000,000 is rescinded.
STEWARDSHIP GRANTS
(INCLUDING RESCISSION)
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for private
conservation efforts to be carried out on private lands,
$10,000,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended: Provided, That the
amount provided herein is for the Secretary to establish a
Private Stewardship Grants Program to provide grants and other
assistance to individuals and groups engaged in private
conservation efforts that benefit federally listed, proposed,
or candidate species, or other at-risk species: Provided
further, That from unobligated balances of prior year
appropriations, an amount of $10,000,000 is rescinded.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as
amended, $81,000,000, of which $29,529,000 is to be derived
from the Cooperative Endangered Species Conservation Fund and
$51,471,000 is to be derived from the Land and Water
Conservation Fund and to remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,414,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
as amended, $38,560,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance with
the Neotropical Migratory Bird Conservation Act, Public Law
106-247 (16 U.S.C. 6101-6109), $3,000,000, to remain available
until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), the Asian Elephant Conservation Act of
1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros
and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), and
the Great Ape Conservation Act of 2000 (16 U.S.C. 6301),
$4,800,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and federally recognized Indian tribes under the provisions of
the Fish and Wildlife Act of 1956 and the Fish and Wildlife
Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat,
including species that are not hunted or fished, $65,000,000,
to be derived from the Land and Water Conservation Fund and to
remain available until expended: Provided, That of the amount
provided herein, $5,000,000 is for a competitive grant program
for Indian tribes not subject to the remaining provisions of
this appropriation: Provided further, That the Secretary shall,
after deducting said $3,000,000 and administrative expenses,
apportion the amount provided herein in the following manner:
(A) to the District of Columbia and to the Commonwealth of
Puerto Rico, each a sum equal to not more than one-half of 1
percent thereof: and (B) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary
shall apportion the remaining amount in the following manner:
(A) one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (B) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment
under this paragraph for any fiscal year or more than 5 percent
of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 50 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs:
Provided further, That no State, territory, or other
jurisdiction shall receive a grant unless it has developed, or
committed to develop by October 1, 2005, a comprehensive
wildlife conservation plan, consistent with criteria
established by the Secretary of the Interior, that considers
the broad range of the State, territory, or other
jurisdiction's wildlife and associated habitats, with
appropriate priority placed on those species with the greatest
conservation need and taking into consideration the relative
level of funding available for the conservation of those
species: Provided further, That any amount apportioned in 2003
to any State, territory, or other jurisdiction that remains
unobligated as of September 30, 2004, shall be reapportioned,
together with funds appropriated in 2005, in the manner
provided herein: Provided further, That balances from amounts
previously appropriated under the heading ``State Wildlife
Grants'' shall be transferred to and merged with this
appropriation and shall remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 102 passenger motor vehicles, of which 75 are for
replacement only (including 39 for police-type use); repair of
damage to public roads within and adjacent to reservation areas
caused by operations of the Service; options for the purchase
of land at not to exceed $1 for each option; facilities
incident to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other
facilities under the jurisdiction of the Service and to which
the United States has title, and which are used pursuant to law
in connection with management and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half
the cost of printing either in cash or services and the Service
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing aircraft:
Provided further, That the United States Fish and Wildlife
Service is authorized to grant $500,000 appropriated in Public
Law 107-63 for land acquisition to the Narragansett Indian
Tribe for acquisition of the Great Salt Pond burial tract:
Provided further, That notwithstanding any other provision of
law, the Secretary of the Interior may not spend any of the
funds appropriated in this Act for the purchase of lands or
interests in lands to be used in the establishment of any new
unit of the National Wildlife Refuge System unless the purchase
is approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in Senate Report 105-56.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
$1,565,565,000, of which $10,878,000 for planning and
interagency coordination in support of Everglades restoration
shall remain availableuntil expended; of which $85,280,000, to
remain available until September 30, 2004, is for maintenance repair or
rehabilitation projects for constructed assets, operation of the
National Park Service automated facility management software system,
and comprehensive facility condition assessments; and of which
$2,000,000 is for the Youth Conservation Corps for high priority
projects: Provided, That the only funds in this account which may be
made available to support United States Park Police are those funds
approved for emergency law and order incidents pursuant to established
National Park Service procedures, those funds needed to maintain and
repair United States Park Police administrative facilities, and those
funds necessary to reimburse the United States Park Police account for
the unbudgeted overtime and travel costs associated with special events
for an amount not to exceed $10,000 per event subject to the review and
concurrence of the Washington headquarters office.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of the
United States Park Police, $78,431,000.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided
for, $61,667,000.
URBAN PARK AND RECREATION FUND
For expenses necessary to carry out the provisions of the
Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501
et seq.), $300,000, to remain available until expended.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $69,000,000, to be derived from the Historic
Preservation Fund, to remain available until September 30,
2004: Provided, That, of the amount provided herein,
$2,000,000, to remain available until expended, is for a grant
for the perpetual care and maintenance of National Trust
Historic Sites, as authorized under 16 U.S.C. 470a(e)(2), to be
made available in full upon signing of a grant agreement:
Provided further, That, notwithstanding any other provision of
law, these funds shall be available for investment with the
proceeds to be used for the same purpose as set out herein:
Provided further, That of the total amount provided,
$30,000,000 shall be for Save America's Treasures for priority
preservation projects, of nationally significant sites,
structures, and artifacts: Provided further, That any
individual Save America's Treasures grant shall be matched by
non-Federal funds: Provided further, That individual projects
shall only be eligible for one grant, and all projects to be
funded shall be approved by the House and Senate Committees on
Appropriations and the Secretary of the Interior in
consultation with the President's Committee on the Arts and
Humanities prior to the commitment of grant funds: Provided
further, That Save America's Treasures funds allocated for
Federal projects shall be available by transfer to appropriate
accounts of individual agencies, after approval of such
projects by the Secretary of the Interior, in consultation with
the House and Senate Committees on Appropriations and the
President's Committee on the Arts and Humanities.
CONSTRUCTION
For construction, improvements, repair or replacement of
physical facilities, including the modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $327,843,000, to remain available until
expended, of which $1,800,000 for the Virginia City Historic
District and $500,000 for the Fort Osage National Historic
Landmark shall be derived from the Historic Preservation Fund
pursuant to 16 U.S.C. 470a, of which not to exceed $3,000,000
is for site acquisition for the proposed Morris Thompson
Cultural and Visitors Center, to be made available to the
Tanana Chiefs Conference under an Annual Funding Agreement
through the Indian Self-Determination and Education Assistance
Act, and of which $400,000 is for the Alice Ferguson Foundation
for facility upgrade and rehabilitation at the Hard Bargain
Farm: Provided, That none of the funds in this or any other
Act, may be used to pay the salaries and expenses of more than
160 Full Time Equivalent personnel working for the National
Park Service's Denver Service Center funded under the
construction program management and operations activity:
Provided further, That none of the funds provided in this or
any other Act may be used to pre-design, plan, or construct any
new facility (including visitor centers, curatorial facilities,
administrative buildings), for which appropriations have not
been specifically provided if the net construction cost of such
facility is in excess of $5,000,000, without prior approval of
the House and Senate Committees on Appropriations: Provided
further, That this restriction applies to all funds available
to the National Park Service, including partnership and fee
demonstration projects: Provided further, That the National
Park Service may transfer to the City of Carlsbad, New Mexico,
funds for the construction of the National Cave and Karst
Research Institute to be built and operated in accordance with
provisions in Public Law 105-325 and all other applicable laws
and regulations. Title to the Institute will be held by the
City of Carlsbad.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2003 by 16
U.S.C. 460l-10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4 through
11), including administrative expenses, and for acquisition of
lands or waters, or interest therein, in accordance with the
statutory authority applicable to the National Park Service,
$172,468,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of
which $98,000,000 is for the State assistance program including
$3,000,000 to administer the State assistance program:
Provided, That of the amounts provided under this heading,
$15,000,000 may be for Federal grants, including Federal
administrative expenses, to the State of Florida for the
acquisition of lands or waters, or interests therein, within
the Evergladeswatershed (consisting of lands and waters within
the boundaries of the South Florida Water Management District, Florida
Bay and the Florida Keys, including the areas known as the Frog Pond,
the Rocky Glades and the Eight and One-Half Square Mile Area) under
terms and conditions deemed necessary by the Secretary to improve and
restore the hydrological function of the Everglades watershed: Provided
further, That funds provided under this heading for assistance to the
State of Florida to acquire lands within the Everglades watershed are
contingent upon new matching non-Federal funds by the State, or are
matched by the State pursuant to the cost-sharing provisions of section
316(b) of Public Law 104-303, and shall be subject to an agreement that
the lands to be acquired will be managed in perpetuity for the
restoration of the Everglades: Provided further, That none of the funds
provided for the State Assistance program may be used to establish a
contingency fund.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 301 passenger motor
vehicles, of which 273 shall be for replacement only, including
not to exceed 226 for police-type use, 10 buses, and 8
ambulances: Provided, That none of the funds appropriated to
the National Park Service may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: Provided further, That none of the funds appropriated to
the National Park Service may be used to implement an agreement
for the redevelopment of the southern end of Ellis Island until
such agreement has been submitted to the Congress and shall not
be implemented prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in
session because of adjournment of more than 3 calendar days to
a day certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end of
Ellis Island, including the facts and circumstances relied upon
in support of the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to
encourage employees receiving workers' compensation benefits
pursuant to chapter 81 of title 5, United States Code, to
return to appropriate positions for which they are medically
able.
Notwithstanding any other provision of law, in fiscal year
2003 and thereafter, sums provided to the National Park Service
by private entities for utility services shall be credited to
the appropriate account and remain available until expended:
Provided, That heretofore and hereafter, in carrying out the
work under reimbursable agreements with any State, local or
tribal government, the National Park Service may, without
regard to 31 U.S.C. 1341 or any other provision of law or
regulation, record obligations against accounts receivable from
such entities, and shall credit amounts received from such
entities to the appropriate account, such credit to occur
within 90 days of the date of the original request by the
National Park Service for payment.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law and to publish and
disseminate data; $925,287,000, of which $64,855,000 shall be
available only for cooperation with States or municipalities
for water resources investigations; and of which $15,499,000
shall remain available until expended for conducting inquiries
into the economic conditions affecting mining and materials
processing industries; and of which $8,000,000 shall remain
available until expended for satellite operations; and of which
$24,623,000 shall be available until September 30, 2004, for
the operation and maintenance of facilities and deferred
maintenance; and of which $170,926,000 shall be available until
September 30, 2004, for the biological research activity and
the operation of the Cooperative Research Units: Provided, That
none of these funds provided for the biological research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the cost
of topographic mapping or water resources data collection and
investigations carried on in cooperation with States and
municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geological
Survey shall be available for the purchase of not to exceed 53
passenger motor vehicles, of which 48 are for replacement only;
reimbursement to the General Services Administration for
security guard services; contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations and observation
wells; expenses of the United States National Committee on
Geology; and payment of compensation and expenses of persons on
the rolls of the Survey duly appointed to represent the United
States in the negotiation and administration of interstate
compacts: Provided, That activities funded by appropriations
herein made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in 31 U.S.C. 6302
et seq.: Provided further, That notwithstanding the provisions
of the Federal Grant and Cooperative Agreement Act of 1977 (31
U.S.C. 6301-6308), the U.S. Geological Survey is authorized to
continue existing, and hereafter, to enter intonew cooperative
agreements directed towards a particular cooperator, in support of
joint research and data collection activities with Federal, State, and
academic partners funded by appropriations herein, including those that
provide for space in cooperator facilities.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other minerals
leases, permits, licenses and operating contracts; and for
matching grants or cooperative agreements; including the
purchase of not to exceed eight passenger motor vehicles for
replacement only, $165,321,000, of which $83,284,000, shall be
available for royalty management activities; and an amount not
to exceed $100,230,000, to be credited to this appropriation
and to remain available until expended, from additions to
receipts resulting from increases to rates in effect on August
5, 1993, from rate increases to fee collections for Outer
Continental Shelf administrative activities performed by the
Minerals Management Service over and above the rates in effect
on September 30, 1993, and from additional fees for Outer
Continental Shelf administrative activities established after
September 30, 1993: Provided, That to the extent $100,230,000
in additions to receipts are not realized from the sources of
receipts stated above, the amount needed to reach $100,230,000
shall be credited to this appropriation from receipts resulting
from rental rates for Outer Continental Shelf leases in effect
before August 5, 1993: Provided further, That $3,000,000 for
computer acquisitions shall remain available until September
30, 2004: Provided further, That funds appropriated under this
Act shall be available for the payment of interest in
accordance with 30 U.S.C. 1721(b) and (d): Provided further,
That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine
cleanup activities: Provided further, That notwithstanding any
other provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Minerals
Management Service (MMS) concurred with the claimed refund due,
to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments: Provided
further, That MMS may under the royalty-in-kind pilot program,
or under its authority to transfer oil to the Strategic
Petroleum Reserve, use a portion of the revenues from royalty-
in-kind sales, without regard to fiscal year limitation, to pay
for transportation to wholesale market centers or upstream
pooling points, to process or otherwise dispose of royalty
production taken in kind, and to recover MMS transportation
costs, salaries, and other administrative costs directly
related to filling the Strategic Petroleum Reserve: Provided
further, That MMS shall analyze and document the expected
return in advance of any royalty-in-kind sales to assure to the
maximum extent practicable that royalty income under the pilot
program is equal to or greater than royalty income recognized
under a comparable royalty-in-value program.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $6,105,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $105,092,000:
Provided, That the Secretary of the Interior, pursuant to
regulations, may use directly or through grants to States,
moneys collected in fiscal year 2003 for civil penalties
assessed under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3,
1977, to remain available until expended: Provided further,
That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $191,745,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund
and to remain available until expended; of which up to
$10,000,000, to be derived from the Federal Expenses Share of
the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage
from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants to
minimum program States will be $1,500,000 per State in fiscal
year 2003: Provided further, That of the funds herein provided
up to $18,000,000 may be used for the emergency program
authorized by section 410 of Public Law 95-87, as amended, of
which no more than 25 percent shall be used for emergency
reclamation projects in any one State and funds for federally
administered emergency reclamation projects under this proviso
shall not exceed $11,000,000: Provided further, That prior year
unobligated funds appropriated for the emergency reclamation
program shall not be subject to the 25 percent limitation per
State and may be used without fiscal year limitation for
emergency projects: Provided further, That pursuant to Public
Law 97-365, the Department of the Interior is authorized to use
up to 20 percent from the recovery of the delinquent debt owed
to the United States Government to pay for contracts to collect
these debts: Provided further, That funds made available under
title IV of Public Law 95-87 may be used for any required non-
Federal share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration related
to treatment or abatement of acid mine drainage from abandoned
mines: Provided further, That such projects must be consistent
with the purposes and priorities of the Surface Mining Control
and Reclamation Act: Provided further, That the State of
Maryland may set aside the greater of $1,000,000 or 10 percent
of the totalof the grants made available to the State under
title IV of the Surface Mining Control and Reclamation Act of 1977, as
amended (30 U.S.C. 1231 et seq.), if the amount set aside is deposited
in an acid mine drainage abatement and treatment fund established under
a State law, pursuant to which law the amount (together with all
interest earned on the amount) is expended by the State to undertake
acid mine drainage abatement and treatment projects, except that before
any amounts greater than 10 percent of its title IV grants are
deposited in an acid mine drainage abatement and treatment fund, the
State of Maryland must first complete all Surface Mining Control and
Reclamation Act priority one projects.
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.),
as amended, the Education Amendments of 1978 (25 U.S.C. 2001-
2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), as amended, $1,857,319,000, to remain
available until September 30, 2004 except as otherwise provided
herein, of which not to exceed $87,857,000 shall be for welfare
assistance payments and notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination
Act of 1975, as amended, not to exceed $133,209,000 shall be
available for payments to tribes and tribal organizations for
contract support costs associated with ongoing contracts,
grants, compacts, or annual funding agreements entered into
with the Bureau prior to or during fiscal year 2003, as
authorized by such Act, except that tribes and tribal
organizations may use their tribal priority allocations for
unmet indirect costs of ongoing contracts, grants, or compacts,
or annual funding agreements and for unmet welfare assistance
costs; and up to $2,000,000 shall be for the Indian Self-
Determination Fund which shall be available for the
transitional cost of initial or expanded tribal contracts,
grants, compacts or cooperative agreements with the Bureau
under such Act; and of which not to exceed $447,985,000 for
school operations costs of Bureau-funded schools and other
education programs shall become available on July 1, 2003, and
shall remain available until September 30, 2004; and of which
not to exceed $57,686,000 shall remain available until expended
for housing improvement, road maintenance, attorney fees,
litigation support, the Indian Self-Determination Fund, land
records improvement, and the Navajo-Hopi Settlement Program:
Provided, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination Act
of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$45,065,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal
organizations for administrative cost grants associated with
the operation of Bureau-funded schools: Provided further, That
any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2004, may be transferred during
fiscal year 2005 to an Indian forest land assistance account
established for the benefit of such tribe within the tribe's
trust fund account: Provided further, That any such unobligated
balances not so transferred shall expire on September 30, 2005:
Provided further, That ISEP contingency funds may be used to
cover expenses for negotiated rulemaking required by Public Law
107-110.
CONSTRUCTION
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483,
$348,252,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That not to exceed 6
percent of contract authority available to the Bureau of Indian
Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a
nonreimbursable basis: Provided further, That for fiscal year
2003, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000
that are provided to tribally controlled grant schools under
Public Law 100-297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part 12
as the regulatory requirements: Provided further, That such
grants shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary shall
consider whether the Indian tribe or tribal organization would
be deficient in assuring that the construction projects conform
to applicable building standards and codes and Federal, tribal,
or State health and safety standards as required by 25 U.S.C.
2005(a), with respect to organizational and financial
management capabilities: Provided further, That if the
Secretary declines an application, the Secretary shall follow
the requirements contained in 25 U.S.C. 2505(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $60,949,000, to
remain available until expended; of which $24,870,000 shall be
available for implementation of enacted Indian land and water
claim settlements pursuant to Public Laws 101-618 and 102-575,
and for implementation of other enacted water rights
settlements; of which $5,068,000 shall be available for future
water supplies facilities under Public Law 106-163; and of
which $31,011,000 shall be available pursuant to Public Laws
99-264, 100-580, 106-263, 106-425, and 106-554: Provided, That
of the amount provided for implementation of Public Law 106-
263, $3,000,000 for a water rights and habitat acquisition
program shall be derived from the Land and Water Conservation
Fund.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans, $5,000,000,
as authorized by the Indian Financing Act of 1974, as amended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of which
is to be guaranteed, not to exceed $72,464,000.
In addition, for administrative expenses to carry out the
guaranteed and insured loan programs, $493,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program account)
shall be available for expenses of exhibits, and purchase of
not to exceed 229 passenger motor vehicles, of which not to
exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations, pooled overhead general administration (except
facilities operations and maintenance), or provided to
implement the recommendations of the National Academy of Public
Administration's August 1999 report shall be available for
tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance Act
of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government's trust responsibility to that tribe, or
the government-to-government relationship between the United
States and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq.,
shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996. No
funds available to the Bureau shall be used to support expanded
grades for any school or dormitory beyond the grade structure
in place or approved by the Secretary of the Interior at each
school in the Bureau school system as of October 1, 1995. Funds
made available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term is
defined in section 1146 of the Education Amendments of 1978 (25
U.S.C. 2026)), except that a charter school that is in
existence on the date of the enactment of this Act and that has
operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the
charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the
Bureau does not assume any obligation for charter school
programs of the State in which the school is located if the
charter school loses such funding. Employees of Bureau-funded
schools sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort Claims
Act'').
Departmental Offices
Insular Affairs
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$76,217,000, of which: (1) $70,922,000 shall be available until
expended for technical assistance, including maintenance
assistance, disaster assistance, insular management controls,
coral reef initiative activities, and brown tree snake control
and research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government of
the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by law
(Public Law 94-241; 90 Stat. 272); and (2) $5,295,000 shall be
available for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the General Accounting Office, at its discretion,
in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United
States Financial Assistance for the Northern Mariana Islands
approved by Public Law 104-134: Provided further, That of the
amounts provided for technical assistance, sufficient funding
shall be made available for a grant to the Close Up Foundation:
Provided further, That the funds for the program of operations
and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement
of capital infrastructure with territorial participation and
cost sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T.Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the Marshall
Islands as provided for in sections 122, 221, 223, 232, and 233
of the Compact of Free Association, and for economic assistance
and necessary expenses for the Republic of Palau as provided
for in sections 122, 221, 223, 232, and 233 of the Compact of
Free Association, $20,985,000, to remain available until
expended, as authorized by Public Law 99-239 and Public Law 99-
658.
Departmental Management
SALARIES AND EXPENSES
For necessary expenses for management of the Department of
the Interior, $72,427,000, of which not to exceed $8,500 may be
for official reception and representation expenses, and of
which up to $1,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States Bureau
of Mines.
Office of the Solicitor
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$47,773,000.
Office of Inspector General
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$36,239,000, of which $3,812,000 shall be for procurement by
contract of independent auditing services to audit the
consolidated Department of the Interior annual financial
statement and the annual financial statement of the Department
of the Interior bureaus and offices funded in this Act.
Office of Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $141,277,000, to remain available until expended, of
which $15,000,000 is for historical accounting: Provided, That
funds for trust management improvements may be transferred, as
needed, to the Bureau of Indian Affairs ``Operation of Indian
Programs'' account and to the Departmental Management
``Salaries and Expenses'' account: Provided further, That funds
made available to Tribes and Tribal organizations through
contracts or grants obligated during fiscal year 2003, as
authorized by the Indian Self-Determination Act of 1975 (25
U.S.C. 450 et seq.), shall remain available until expended by
the contractor or grantee: Provided further, That
notwithstanding any other provision of law, the statute of
limitations shall not commence to run on any claim, including
any claim in litigation pending on the date of the enactment of
this Act, concerning losses to or mismanagement of trust funds,
until the affected tribe or individual Indian has been
furnished with an accounting of such funds from which the
beneficiary can determine whether there has been a loss:
Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has
not had activity for at least 18 months and has a balance of
$1.00 or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are
recovered shall be credited to this account.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $7,980,000, to remain available until expended and
which may be transferred to the Bureau of Indian Affairs and
Departmental Management.
Natural Resource Damage Assessment and Restoration
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et
seq.), and Public Law 101-337, as amended (16 U.S.C. 19jj et
seq.), $5,538,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That notwithstanding any other provision of
law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That
notwithstanding any other provision of law, the Office of
Aircraft Services shall transfer to the Sheriff's Office, Kane
County, Utah, without restriction, a Cessna U206G,
identification number N211S, serial number 20606916, for the
purpose of facilitating more efficient law enforcement
activities at Glen Canyon National Recreation Area and the
Grand Staircase Escalante National Monument: Provided further,
That no programs funded with appropriated funds in the
``Departmental Management'', ``Office of the Solicitor'', and
``Office of Inspector General'' may be augmented through the
Working Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this
authority until funds specifically made available to the
Department of the Interior for emergencies shall have been
exhausted: Provided further, Thatall funds used pursuant to
this section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the
several agencies, for the suppression or emergency prevention
of wildland fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for wildland
fire operations, such reimbursement to be credited to
appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until the
Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within 30 days: Provided
further, That all funds used pursuant to this section are
hereby designated by Congress to be ``emergency requirements''
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be replenished
by a supplemental appropriation which must be requested as
promptly as possible: Provided further, That such replenishment
funds shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other activity
in the same manner as authorized by sections 1535 and 1536 of
title 31, United States Code: Provided, That reimbursements for
costs and supplies, materials, equipment, and for services
rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the Secretary,
in total amount not to exceed $500,000; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in
societies or associations which issue publications to members
only or at a price to members lower than to subscribers who are
not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5 U.S.C.
5901-5902 and D.C. Code 4-204).
Sec. 106. Annual appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of 12 months
beginning at any time during the fiscal year.
Sec. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under
restriction in the President's moratorium statement of June 12,
1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and the
eastern Gulf of Mexico south of 26 degrees north latitude and
east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
oil and natural gas preleasing, leasing, and related
activities, on lands within the North Aleutian Basin planning
area.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer Continental
Shelf 5-Year Oil and Gas Leasing Program, 1997-2002.
Sec. 110. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 111. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant to
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.) may be invested by the Indian
tribe, tribal organization, or consortium before such funds are
expended for the purposes of the grant, compact, or annual
funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal
organization, or consortium only in obligations of the
United States, or in obligations or securities that are
guaranteed or insured by the United States, or mutual
(or other) funds registered with the Securities and
Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured
by an agency or instrumentality of the UnitedStates, or
are fully collateralized to ensure protection of the funds, even in the
event of a bank failure.
Sec. 112. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may provide for and regulate local non-
recreational passage through units of the National Park System,
allowing each unit to develop guidelines and permits for such
activity appropriate to that unit.
Sec. 113. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special Trustee
for American Indians and any available unobligated balances
from prior appropriations Acts made under the same headings,
shall be available for expenditure or transfer for Indian trust
management and reform activities.
Sec. 114. Notwithstanding any other provision of law, the
Secretary of the Interior hereafter has ongoing authority to
negotiate and enter into agreements and leases, without regard
to section 321 of chapter 314 of the Act of June 30, 1932 (40
U.S.C. 303b), with any person, firm, association, organization,
corporation, or governmental entity, for all or part of the
property within Fort Baker administered by the Secretary as
part of the Golden Gate National Recreation Area. The proceeds
of the agreements or leases or any statutorily authorized fees,
hereafter shall be retained by the Secretary and such proceeds
shall remain available until expended, without further
appropriation, for the preservation, restoration, operation,
maintenance, interpretation, public programs, and related
expenses of the National Park Service and nonprofit park
partners incurred with respect to Fort Baker properties.
Sec. 115. Notwithstanding any other provision of law, for
the purpose of reducing the backlog of Indian probate cases in
the Department of the Interior, the hearing requirements of
chapter 10 of title 25, United States Code, are deemed
satisfied by a proceeding conducted by an Indian probate judge,
appointed by the Secretary without regard to the provisions of
title 5, United States Code, governing the appointments in the
competitive service, for such period of time as the Secretary
determines necessary: Provided, That the basic pay of an Indian
probate judge so appointed may be fixed by the Secretary
without regard to the provisions of chapter 51, and subchapter
III of chapter 53 of title 5, United States Code, governing the
classification and pay of General Schedule employees, except
that no such Indian probate judge may be paid at a level which
exceeds the maximum rate payable for the highest grade of the
General Schedule, including locality pay.
Sec. 116. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2003. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
Sec. 117. Funds appropriated for the Bureau of Indian
Affairs for postsecondary schools for fiscal year 2003 shall be
allocated among the schools proportionate to the unmet need of
the schools as determined by the Postsecondary Funding Formula
adopted by the Office of Indian Education Programs.
Sec. 118. (a) The Secretary of the Interior shall take such
action as may be necessary to ensure that the lands comprising
the Huron Cemetery in Kansas City, Kansas (as described in
section 123 of Public Law 106-291) are used only in accordance
with this section.
(b) The lands of the Huron Cemetery shall be used only: (1)
for religious and cultural uses that are compatible with the
use of the lands as a cemetery; and (2) as a burial ground.
Sec. 119. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
Sec. 120. Notwithstanding other provisions of law, the
National Park Service may authorize, through cooperative
agreement, the Golden Gate National Parks Association to
provide fee-based education, interpretive and visitor service
functions within the Crissy Field and Fort Point areas of the
Presidio.
Sec. 121. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or
seedlings including those collected in fiscal year 2002, may be
credited to the appropriation from which funds were expended to
acquire or grow the seeds or seedlings and are available
without fiscal year limitation.
Sec. 122. Tribal School Construction Demonstration Program.
(a) Definitions.--In this section:
(1) Construction.--The term ``construction'', with
respect to a tribally controlled school, includes the
construction or renovation of that school.
(2) Indian tribe.--The term ``Indian tribe'' has
the meaning given that term in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)).
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(4) Tribally controlled school.--The term
``tribally controlled school'' has the meaning given
that term in section 5212 of the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2511).
(5) Department.--The term ``Department'' means the
Department of the Interior.
(6) Demonstration program.--The term
``demonstration program'' means the Tribal School
Construction Demonstration Program.
(b) In General.--The Secretary shall carry out a
demonstration program for fiscal years 2003 through2007 to
provide grants to Indian tribes for the construction of tribally
controlled schools.
(1) In general.--Subject to the availability of
appropriations, in carrying out the demonstration
program under subsection (b), the Secretary shall award
a grant to each Indian tribe that submits an
application that is approved by the Secretary under
paragraph (2). The Secretary shall ensure that an
Indian tribe that agrees to fund all future operation
and maintenance costs of the tribally controlled school
constructed under the demonstration program from other
than federal funds receives the highest priority for a
grant under this section.
(2) Grant applications.--An application for a grant
under the section shall--
(A) include a proposal for the construction
of a tribally controlled school of the Indian
tribe that submits the application; and
(B) be in such form as the Secretary
determines appropriate.
(3) Grant agreement.--As a condition to receiving a
grant under this section, the Indian tribe shall enter
into an agreement with the Secretary that specifies--
(A) the costs of construction under the
grant;
(B) that the Indian tribe shall be required
to contribute towards the cost of the
construction a tribal share equal to 50 percent
of the costs; and
(C) any other term or condition that the
Secretary determines to be appropriate.
(4) Eligibility.--Grants awarded under the
demonstration program shall be used only for
construction or replacement of a tribally controlled
school.
(c) Effect of Grant.--A grant received under this section
shall be in addition to any other funds received by an Indian
tribe under any other provision of law. The receipt of a grant
under this section shall not affect the eligibility of an
Indian tribe receiving funding, or the amount of funding
received by the Indian tribe, under the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450
et seq.).
(d) Report.--At the conclusion of the five-year
demonstration program, the Secretary shall report to Congress
as to whether the demonstration program has achieved its
purposes of providing additional tribes fair opportunities to
construct tribally controlled schools, accelerating
construction of needed educational facilities in Indian
Country, and permitting additional funds to be provided for the
Department's priority list for construction of replacement
educational facilities.
Sec. 123. White River Oil Shale Mine, Utah. Sale.--Subject
to the terms and conditions of section 126 of the Department of
the Interior and Related Agencies Act, 2002, the Administrator
of General Services shall sell all right, title, and interest
of the United States in and to the improvements and equipment
of the White River Oil Shale Mine.
Sec. 124. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon and
Hart National Wildlife Refuges for the purpose of capturing and
transporting horses and burros. The provisions of subsection
(a) of the Act of September 8, 1959 (73 Stat. 470; 18 U.S.C.
47(a)) shall not be applicable to such use. Such use shall be
in accordance with humane procedures prescribed by the
Secretary.
Sec. 125. Funds provided in this Act for Federal land
acquisition by the National Park Service for Shenandoah Valley
Battlefields National Historic District, and Ice Age National
Scenic Trail may be used for a grant to a State, a local
government, or any other governmental land management entity
for the acquisition of lands without regard to any restriction
on the use of Federal land acquisition funds provided through
the Land and Water Conservation Fund Act of 1965 as amended.
Sec. 126. None of the funds made available by this Act may
be obligated or expended by the National Park Service to enter
into or implement a concession contract which permits or
requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
Sec. 127. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of
such bridge, when such pedestrian use is consistent with
generally accepted safety standards.
Sec. 128. None of the funds made available in this or any
other Act for any fiscal year may be used to designate, or to
post any sign designating, any portion of Canaveral National
Seashore in Brevard County, Florida, as a clothing-optional
area or as an area in which public nudity is permitted, if such
designation would be contrary to county ordinance.
Sec. 129. Notwithstanding any other provision of law, the
United States Fish and Wildlife Service may use funds
appropriated in this Act for incidental expenses related to
promoting and celebrating the Centennial of the National
Wildlife Refuge System.
Sec. 130. The National Park Service may in fiscal year 2003
and thereafter enter into a cooperative agreement with and
transfer funds to Capital Concerts, a nonprofit organization,
for the purpose of carrying out programs pursuant to 31 U.S.C.
6305.
Sec. 131. No later than 30 days after enactment of this
Act, the Secretary of the Interior shall provide to the House
and Senate Committees on Appropriations and the House Committee
on Resources and the Senate Committee on Indian Affairs a
summary of the Ernst and Young report on the historical
accounting for the five named plaintiffs in Cobell v. Norton.
The summary shall not provide individually identifiable
financial information, but shall fully describe the aggregate
results of the historical accounting.
Sec. 132. None of the funds in this or any other Act for
the Department of the Interior or the Department of Justice can
be used to compensate the Special Master and the Special
Master-Monitor, and all variations thereto, appointed by the
United States District Court for the District of Columbia in
the Cobell v. Norton litigation at an annual rate that exceeds
200 percent of the highest SeniorExecutive Service rate of pay
for the Washington-Baltimore locality pay area.
Sec. 133. Within 90 days of enactment of this Act the
Special Trustee for American Indians, in consultation with the
Secretary of the Interior and the Tribes, shall appoint new
members to the Special Trustee Advisory Board.
Sec. 134. The Secretary of the Interior may use
discretionary funds to pay private attorneys fees and costs for
employees and former employees of the Department of the
Interior reasonably incurred in connection with Cobell v.
Norton to the extent that such fees and costs are not paid by
the Department of Justice or by private insurance. In no case
shall the Secretary make payments under this section that would
result in payment of hourly fees in excess of the highest
hourly rate approved by the District Court for the District of
Columbia for counsel in Cobell v. Norton.
Sec. 135. Section 124(a) of the Department of the Interior
and Related Agencies Appropriation Act, 1997 (16 U.S.C. 1011
(a)), as amended, is further amended by inserting after the
phrase ``appropriations made for the Bureau of Land
Management'' the phrase ``including appropriations for the
Wildland Fire Management account allocated to the National Park
Service, Fish and Wildlife Service, and Bureau of Indian
Affairs''.
Sec. 136. Public Law 107-106 is amended as follows: in
section 5(a) strike ``9 months after the date of enactment of
the Act'' and insert in lieu thereof ``September 30, 2003''.
Sec. 137. Notwithstanding any other provision of law, the
funds provided in the Labor, Health and Human Services,
Education and Related Agencies Appropriations Act of 2002,
Public Law 107-116, for the National Museum of African American
History and Culture Plan for Action Presidential Commission
shall remain available until expended.
Sec. 138. The U.S. Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and
endangered species of salmon, implement a system of mass
marking of salmonid stocks, intended for harvest, that are
released from Federally operated or Federally financed
hatcheries including but not limited to fish releases of coho,
chinook, and steelhead species. Marked fish must have a visible
mark that can be readily identified by commercial and
recreational fishers.
Sec. 139. The visitor center at the Bitter Lake National
Wildlife Refuge in New Mexico shall be named for Joseph R.
Skeen and, hereafter, shall be referred to in any law,
document, or record of the United States as the ``Joseph R.
Skeen Visitor Center''.
Sec. 140. In fiscal year 2003 and each fiscal year
thereafter, notwithstanding any other provision of law, with
respect to a service contract for the provision solely of
transportation services at Zion National Park or Rocky Mountain
National Park, the Secretary of the Interior may obligate the
expenditure of fees expected to be received in that fiscal year
before the fees are received, so long as total obligations do
not exceed fee collections retained at Zion National Park or
Rocky Mountain National Park, respectively, by the end of that
fiscal year.
Sec. 141. Section 6(f) of Public Law 88-578 as amended
shall not apply to LWCF program #02-00010.
Sec. 142. Notwithstanding section 1(d) of Public Law 107-
62, the National Park Service is authorized to obligate
$1,000,000 made available in fiscal year 2002 to plan the John
Adams Presidential memorial in cooperation with non-Federal
partners.
Sec. 143. Notwithstanding any other provision of law, funds
appropriated and remaining available in the Construction (Trust
Fund) account of the National Park Service at the completion of
all authorized projects, shall be available for the
rehabilitation and improvement of Going-to-the-Sun Road in
Glacier National Park.
Sec. 144. Hereafter, the Department of the Interior
National Business Center may continue to enter into grants,
cooperative agreements, and other transactions, under the
Defense Conversion, Reinvestment, and Transition Assistance Act
of 1992, and other related legislation.
Sec. 145. (a) In General.--Nothing in section 134 of the
Department of the Interior and Related Agencies Appropriations
Act, 2002 (115 Stat. 443) affects the decision of the United
States Court of Appeals for the 10th Circuit in Sac and Fox
Nation v. Norton, 240 F.3d 1250 (2001).
(b) Use of Certain Indian Land.--Nothing in this section
permits the conduct of gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) on land described in
section 123 of the Department of the Interior and Related
Agencies Appropriations Act, 2001 (114 Stat. 944), or land that
is contiguous to that land, regardless of whether the land or
contiguous land has been taken into trust by the Secretary of
the Interior.
Sec. 146. Section 3(f)(2)(B) of Public Law 99-548 (100
Stat. 3061; 113 Stat. 1501A-168) is amended by striking ``(iv)
Sec. 8.'' and inserting the following:
``(iv) Sec. 7.
``(v) Sec. 8.''.
Sec. 147. Not to exceed $650,000 of the funds made
available under the heading ``United States Fish and Wildlife
Service, Construction'' in Public Law 107-63 for hangar roof
replacement at Midway Atoll National Wildlife Refuge, and such
sums as may be necessary from ``Departmental Management,
Salaries and Expenses'', may be transferred to ``United States
Fish and Wildlife Service, Resource Management'' for
operational needs at Midway Atoll National Wildlife Refuge.
Sec. 148. Public Law 107-331 is amended in Sections 301(b)
and 301(d) by striking the word ``Secretary'' each place it
appears and inserting in lieu thereof the word ``Director'',
and by striking the text of Section 301(c)(3) and inserting in
lieu thereof ``Director.--The term `Director' means the
Director of the Institute of Museum and Library Services.''.
Sec. 149. Section 113 of Public Law 104-208 (31 U.S.C. 501
note.) is amended by deleting ``That such fund shall be paid in
advance'' and inserting ``That such fund may be paid in
advance''.
Sec. 150. Historically Black Colleges and Universities. (a)
Decreased Cost-Sharing Requirement.--Section 507(c) of the
Omnibus Parks and Public Lands Management Act of 1996 (16
U.S.C. 470a note) is amended--
(1) by striking ``(1) Except'' and inserting the
following:
``(1) In general.--Except'';
(2) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)'';
(3) by striking ``(2) The Secretary'' and inserting
the following:
``(2) Waiver.--The Secretary'';
(4) by striking ``paragraph (1)'' and inserting
``paragraphs (1) and (3)''; and
(5) by adding at the end the following:
``(3) Exception.--The Secretary shall not obligate
funds made available under subsection (d)(2) for a
grant with respect to a building or structure listed
on, or eligible for listing on, the National Register
of Historic Places unless the grantee agrees to
provide, from funds derived from non-Federal sources,
an amount that is equal to 30 percent of the total cost
of the project for which the grant is provided.''.
(b) Authorization of Appropriations.--Section 507(d) of the
Omnibus Parks and Public Lands Management Act of 1996 (16
U.S.C. 470a note) is amended--
(1) by striking ``Pursuant to'' and inserting the
following:
``(1) In general.--Under''; and
(2) by adding at the end the following:
``(2) Additional funding.--In addition to amounts
made available under paragraph (1), there is authorized
to be appropriated from the Historic Preservation Fund
to carry out this section $10,000,000 for each of
fiscal years 2003 through 2008.''.
Sec. 151. The document entitled ``Final Environmental
Impact Statement for the Renewal of the Federal Grant for the
Trans-Alaska Pipeline System Right-of-Way (FEIS)'' dated
November 2002, shall be deemed sufficient to meet the
requirements of section 102(2)(C) of the National Environmental
Policy Act (42 U.S.C. 4332(2)(C)) with respect to the
determination contained in the Record of Decision dated January
8, 2003 relating to the renewal of the Federal right-of-way for
the Trans-Alaska Pipeline and related facilities.
Sec. 152. Missouri River. It is the sense of the Congress
that the member States and tribes of the Missouri River Basin
Association are strongly encouraged to reach agreement on a
flow schedule for the Missouri River as soon as practicable for
2003.
Sec. 153. Treatment of Abandoned Mine Reclamation Fund
Interest. (a) In General.--In addition to the transfer provided
for in section 402(h) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(h)), interest credited
to the fund established by section 401 of such Act (30 U.S.C.
1231) shall be transferred to the Combined Fund identified in
section 402(h)(2) up to such amount as is estimated by the
trustees of such Combined Fund to offset the amount of any
deficit in net assets in the Combined Fund. The cumulative
additional amount that may be transferred under this section
from the date of enactment of this Act through September 30,
2004 shall not exceed $34,000,000.
(b) Prohibition on Other Transfers.--Except as provided in
subsection (a), no principal amounts in or credited to the fund
established by section 401 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231) may be transferred to
the Combined Fund identified in section 402(h)(2) of such Act
(30 U.S.C. 1232(h)(2)).
(c) Limitation.--This section shall cease to have any force
and effect after September 30, 2004.
Sec. 154. Section 511(g)(2)(A) of the Omnibus Parks and
Public Lands Management Act of 1996 (16 U.S.C. 410ddd(g)(2)(A))
is amended by striking ``$2,000,000'' and inserting
``$5,000,000''.
Sec. 155. Replacement of Coastal Barrier Resources System
Map. (a) In General.--The map described in subsection (b) is
replaced, in the maps depicting the Coastal Barrier Resources
System that are referred to in section 4(a) of the Coastal
Barrier Resources Act (16 U.S.C. 3503(a)), by the map entitled
``Plum Tree Island Unit VA-59P, Long Creek Unit VA-60/VA-60P''
and dated May 1, 2002.
(b) Description of Replaced Map.--The map referred to in
subsection (a) is the map that--
(1) relates to Plum Island Unit VA-59P and Long
Creek Unit VA-60/VA-60P located in Poquoson and
Hampton, Virginia; and
(2) is included in a set of maps entitled ``Coastal
Barrier Resources System'', dated October 24, 1990,
revised on October 23, 1992, and referred to in section
4(a) of the Coastal Barrier Resources Act (16 U.S.C.
3503(a)).
(c) Availability.--The Secretary of the Interior shall keep
the replacement map described in subsection (b) on file and
available for inspection in accordance with section 4(b) of the
Coastal Barrier Resources Act (16 U.S.C. 3503(b)).
Sec. 156. Sense of the Congress Regarding Southern
California Offshore Oil Leases. (a) Findings.--Congress finds
that--
(1) there are 36 undeveloped oil leases on land in
the southern California planning area of the outer
Continental Shelf that--
(A) have been under review by the Secretary
of the Interior for an extended period of time,
including some leases that have been under
review for over 30 years; and
(B) have not been approved for development
under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.);
(2) the oil companies that hold the 36 leases--
(A) have expressed an interest in retiring
the leases in exchange for equitable
compensation; and
(B) are engaged in settlement negotiations
with the Secretary of the Interior for the
retirement of the leases; and
(3) it would be a waste of the taxpayer's money to
continue the process for approval or permitting of the
36 leases while the Secretary of the Interior and the
lessees are negotiating to retire the leases.
(b) Sense of the Congress.--It is the sense of the Congress
that no funds made available by this Act or any other Act for
any fiscal year should be used by the Secretary of the Interior
to approve any exploration, development, or production plan
for, or application for a permit to drill on, the 36
undeveloped leases in the southern California planning area of
the outer Continental Shelf during any period in which the
lessees are engaged in settlement negotiations with the
Secretary of the Interior for the retirement of the leases.
Sec. 157. Modified Water Delivery Project in the State of
Florida. (a) Authority.--The Corps of Engineers, using funds
made available for modifications authorized by section 104 of
the Everglades National Park Protection and Expansion Act of
1989 (16 U.S.C. 410r-8), shall immediately carry out
alternative 6D (including paying 100 percent of the cost of
acquiring land or an interest in land) for the purpose of
providing a flood protection system for the 8.5 square mile
area described in the report entitled ``Central and South
Florida Project, Modified Water Deliveries to Everglades
National Park, Florida, 8.5 Square Mile Area, General
Reevaluation Report and Final Supplemental Environmental Impact
Statement'' and dated July 2000.
(b) Condition.--
(1) In general.--The Corps of Engineers may only
acquire real property used as a residence for the
purpose of carrying out the project described in
subsection (a) if the Corps of Engineers or the non-
Federal sponsor first offers the owner of such real
property comparable real property within the part of
the 8.5 square mile area that will be provided flood
protection under such project. This paragraph does not
affect the authority of the Corps of Engineers to
acquire property for which this condition has been met
or to which this condition does not apply.
(2) Authority to acquire land and provide
assistance.--The Corps of Engineers is authorized to
acquire such land in the flood protected portion of the
8.5 square mile area from willing sellers, and provide
such financial assistance, as may be necessary to carry
out this subsection.
(3) Funding.--The Corps of Engineers and the non-
Federal sponsor may carry out this subsection with
funds made available to carry out the project described
in subsection (a) and funds provided by the Department
of the Interior for land acquisition assistance for
Everglades restoration purposes.
Sec. 158. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study or
implement any plan to drain Lake Powell or to reduce the water
level of the lake below the range of water levels required for
the operation of the Glen Canyon Dam.
Sec. 159. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25
U.S.C. 2717(a)), the total amount of all fees imposed by the
National Indian Gaming Commission for fiscal year 2004 shall
not exceed $12,000,000.
Sec. 160. Moccasin Bend National Archeological District
Act. (a) Short Title.--This section may be cited as the
``Moccasin Bend National Archeological District Act''.
(b) Definitions.--As used in this section:
(1) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(2) Archeological district.--The term
``archeological district'' means the Moccasin Bend
National Archeological District.
(3) State.--The term ``State'' means the State of
Tennessee.
(4) Map.--The term ``Map'' means the map entitled,
``Boundary Map Moccasin Bend National Archeological
District'', numbered 301/80098, and dated September
2002.
(c) Establishment.--
(1) In general.--In order to preserve, protect, and
interpret for the benefit of the public the nationally
significant archeological and historic resources
located on the peninsula known as Moccasin Bend,
Tennessee, there is established as a unit of
Chickamauga and Chattanooga National Military Park, the
Moccasin Bend National Archeological District.
(2) Boundaries.--The archeological district shall
consist of approximately 780 acres generally depicted
on the Map. The Map shall be on file and available for
public inspection in the appropriate offices of the
National Park Service, Department of the Interior.
(3) Acquisition of land and interests in land.--
(A) In general.--The Secretary may acquire
by donation, purchase from willing sellers
using donated or appropriated funds, or
exchange, lands and interests in lands within
the exterior boundary of the archeological
district. The Secretary may acquire the State,
county and city-owned land and interests in
land for inclusion in the archeological
district only by donation.
(B) Easement outside boundary.--To allow
access between areas of the archeological
district that on the date of the enactment of
this section are noncontiguous, the Secretary
may acquire by donation or purchase from
willing owners using donated or appropriated
funds, or exchange, easements connecting the
areas generally depicted on the Map.
(d) Administration.--
(1) In general.--The archeological district shall
be administered by the Secretary in accordance with
this section, with laws applicable to Chickamauga and
Chattanooga National Military Park, and with the laws
generally applicable to units of the National Park
System.
(2) Cooperative agreement.--The Secretary may
consult and enter into cooperative agreements with
culturally affiliated federally recognized Indian
tribes, governmental entities, and interested persons
to provide for the restoration, preservation,
development, interpretation, and use of the
archeological district.
(3) Visitor interpretive center.--For purposes of
interpreting the historical themes and cultural
resources of the archeological district, the Secretary
may establish and administer a visitor center in the
archeological district.
(4) General management plan.--Not later than three
years after funds are made available under this
section, the Secretary shall develop a general
management plan for the archeological district. The
general management plan shall describe the appropriate
protection and preservation of natural, cultural, and
scenic resources, visitor use, and facility development
within the archeological district consistent with the
purposes of this section, while ensuring continued
access by private landowners to their property.
(e) Repeal of Previous Acquisition Authority.--The Act of
August 3, 1950 (Chapter 532; 16 U.S.C. 424a-4) is repealed.
Sec. 161. Section 6 of Public Law 102-495 (106 Stat. 3173)
is amended by removing subsections 6(b) and (c) in their
entirety and substituting the following:
``(b) Lands Transfer to the Lower Elwha Klallam Tribe.--
Subject to valid existing rights, all right, title, and
interest of the United States in and to the following described
land, consisting of 1.7 acres, more or less, situated in the
County of Clallam, State of Washington, are hereby conveyed to
the Lower Elwha Klallam Indian Tribe: the parcel lying south of
the existing roadway and extending southward to the Inner
Harbor line of the Port Angeles Tidelands, and beginning at the
north-south line 1,106 feet west of the eastern boundary of Out
Lot 6 and running easterly 1,671 feet to the north-south line
565 feet east of the eastern boundary of Out Lot 6, to be
further described on a detailed legal description and map filed
later with the Oregon/Washington Office of the Bureau of Land
Management. Said legal description and map shall be provided by
the tribe, at its cost and expense, within ninety (90) days of
the enactment of this Act. This conveyance shall be subject to
the following provisions:
``(1) There shall be public access to the beach
along the south side of the parcel at all times.
``(2) The City of Port Angeles shall have the right
to construct and maintain a waterfront trail adjacent
to the existing roadway along the north side of the
parcel, the location of which shall be determined in
conjunction with the Secretary.
``(3) Parking facilities on the parcel shall be
open to the public at all times.
``(4) The Agreement entered into on August 11,
1992, between the City of Port Angeles and the Tribe
regarding the use of the adjacent leaseholds.
``(5) Easements shall be hereby reserved in favor
of the United States upon, over, under, through, and
across the lands conveyed under this section allowing
the United States, its successors, assigns, and agents,
unrestricted and uninterrupted access to any adjoining
lands owned or controlled by the United States,
including but not limited to, the U.S. Coast Guard Air
Station located on Ediz Hook, and allowing the United
States, its successors, assigns, and agents, to
install, construct, operate, maintain, repair, and
replace utility lines and other related equipment upon,
over, under, through, and across the lands conveyed
under this section in order to operate said air station
or to conduct any other Federal mission, operation, or
activity upon lands owned or controlled by the United
States.
``(6) A navigation easement shall be hereby
reserved in favor of the United States over the lands
conveyed under this section for the continued aircraft
operations at the adjacent U.S. Coast Guard Air Station
on Ediz Hook. Said navigation easement shall be based
on the Federal Aviation Administration (FAA) standards
contained in FAA Advisory Circular 150/5390-2A,
``Heliport Design,'' dated January 20, 1994. In any
event, the Lower Elwha Klallam Indian Tribe shall not
construct any building or structure that intrudes into
navigable airspace, as defined in FAA regulations.''.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $251,685,000, to remain available until
expended.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management
including treatments of pests, pathogens and invasive or
noxious plants, cooperative forestry, and education and land
conservation activities and conducting an international program
as authorized, $286,574,000, to remain available until
expended, as authorized by law: Provided, That none of the
funds provided under this heading for the acquisition of lands
or interests in lands shall be available until the Forest
Service notifies the House Committee on Appropriations and the
Senate Committee on Appropriations, in writing, of specific
acquisition of lands or interests in lands to be undertaken
with such funds: Provided further, That each forest legacy
grant shall be for a specific project or set of specific tasks:
Provided further, That grants for acquisition of lands or
conservation easements shall require that the State
demonstrates that 25 percent of the total value of the project
is comprised of a non-Federal cost share: Provided further,
That funds provided in this Act and in Public Laws 106-113,
106-291, and 107-63, for the West Branch Forest Legacy Project
in the State of Maine, consisting of at least 45,000 acres of
fee simple purchase and at least 275,000 acres in a
conservation easement, that have not been expended by January
31, 2004, shall be transferred to the Wildland Fire Management
account and shall be available to perform rehabilitation and
restoration activities: Provided further, That notwithstanding
any other provision of law, of the funds provided under this
heading, $1,000,000 shall be made available to Kake Tribal
Corporation as an advance direct lump sum payment to implement
the Kake Tribal Corporation Land Transfer Act (Public Law 106-
283).
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,362,299,000, to
remain available until expended, which shall include 50 percent
of all moneys received during prior fiscal years as fees
collected under the Land and Water Conservation Fund Act of
1965, as amended, in accordance with section 4 of the Act (16
U.S.C. 460l-6a(i)): Provided, That unobligated balances
available at the start of fiscal year 2003 shall be displayed
by budget line item in the fiscal year 2004 budget
justification: Provided further, That the Secretary may
authorize the expenditure or transfer of such sums as necessary
to the Department of the Interior, Bureau of Land Management,
for removal, preparation, and adoption of excess wild horses
and burros from National Forest System lands: Provided further,
That of the funds provided under this heading for Forest
Products, $4,000,000 shall be allocated to the Alaska Region,
in addition to its normal allocation for the purposes of
preparing additional timber for sale, to establish a 3-year
timber supply and such funds may be transferred to other
appropriations accounts as necessary to maximize
accomplishment: Provided further, That within funds available
for the purpose of implementing the Valles Caldera Preservation
Act, notwithstanding the limitations of section 107(e)(2) of
the Valles Caldera Preservation Act (Public Law 106-248), for
fiscal year 2003, the Chair of the Board of Trustees of the
Valles Caldera Trust may receive, upon request, compensation
for each day (including travel time) that the Chair is engaged
in the performance of the functions of the Board, except that
compensation shall not exceed the daily equivalent of the
annual rate in effect for members of the Senior Executive
Service at the ES-1 level, andshall be in addition to any
reimbursement for travel, subsistence and other necessary expenses
incurred by the Chair in the performance of the Chair's duties.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency fire
suppression on or adjacent to such lands or other lands under
fire protection agreement, hazardous fuel reduction on or
adjacent to such lands, and for emergency rehabilitation of
burned-over National Forest System lands and water,
$1,379,938,000, to remain available until expended: Provided,
That such funds including unobligated balances under this head,
are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That not less than 50 percent of
any unobligated balances remaining (exclusive of amounts for
hazardous fuels reduction) at the end of fiscal year 2002 shall
be transferred, as repayment for past advances that have not
been repaid, to the fund established pursuant to section 3 of
Public Law 71-319 (16 U.S.C. 576 et seq.): Provided further,
That notwithstanding any other provision of law, $8,000,000 of
funds appropriated under this appropriation shall be used for
Fire Science Research in support of the Joint Fire Science
Program: Provided further, That all authorities for the use of
funds, including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization
of these funds for the Joint Fire Science Program: Provided
further, That funds provided shall be available for emergency
rehabilitation and restoration, hazard reduction activities in
the urban-wildland interface, support to Federal emergency
response, and wildfire suppression activities of the Forest
Service: Provided further, That of the funds provided,
$228,109,000 is for hazardous fuel treatment, $7,124,000 is for
rehabilitation and restoration, $1,850,000 is for capital
improvement and maintenance of fire facilities, $21,427,000 is
for research activities and to make competitive research grants
pursuant to the Forest and Rangeland Renewable Resources
Research Act, as amended (16 U.S.C. 1641 et seq.), $46,555,000
is for state fire assistance, $8,240,000 is for volunteer fire
assistance, $16,934,000 is for forest health activities on
State, private, and Federal lands, and $5,000,000 is for
economic action programs: Provided further, That amounts in
this paragraph may be transferred to the ``State and Private
Forestry'', ``National Forest System'', ``Forest and Rangeland
Research'', and ``Capital Improvement and Maintenance''
accounts to fund state fire assistance, volunteer fire
assistance, and forest health management, vegetation and
watershed management, heritage site rehabilitation, wildlife
and fish habitat management, trails and facilities maintenance
and restoration: Provided further, That transfers of any
amounts in excess of those authorized in this paragraph, shall
require approval of the House and Senate Committees on
Appropriations in compliance with reprogramming procedures
contained in House Report No. 105-163: Provided further, That
the costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That in entering into such grants or cooperative agreements,
the Secretary may consider the enhancement of local and small
business employment opportunities for rural communities, and
that in entering into procurement contracts under this section
on a best value basis, the Secretary may take into account the
ability of an entity to enhance local and small business
employment opportunities in rural communities, and that the
Secretary may award procurement contracts, grants, or
cooperative agreements under this section to entities that
include local non-profit entities, Youth Conservation Corps or
related partnerships with State, local or non-profit youth
groups, or small or disadvantaged businesses: Provided further,
That in addition to funds provided for State Fire Assistance
programs, and subject to all authorities available to the
Forest Service under the State and Private Forestry
Appropriations, up to $15,000,000 may be used on adjacent non-
Federal lands for the purpose of protecting communities when
hazard reduction activities are planned on national forest
lands that have the potential to place such communities at
risk: Provided further, That included in funding for hazardous
fuel reduction is $5,000,000 for implementing the Community
Forest Restoration Act, Public Law 106-393, title VI, and any
portion of such funds shall be available for use on non-Federal
lands in accordance with authorities available to the Forest
Service under the State and Private Forestry Appropriation:
Provided further, That in expending the funds provided with
respect to this Act for hazardous fuels reduction, the
Secretary of the Interior and the Secretary of Agriculture may
conduct fuel reduction treatments on Federal lands using all
contracting and hiring authorities available to the Secretaries
applicable to hazardous fuel reduction activities under the
wildland fire management accounts: Provided further, That
notwithstanding Federal Government procurement and contracting
laws, the Secretaries may conduct fuel reduction treatments,
rehabilitation and restoration, and other activities authorized
under this heading on and adjacent to Federal lands using
grants and cooperative agreements: Provided further, That
notwithstanding Federal Government procurement and contracting
laws, in order to provide employment and training opportunities
to people in rural communities, the Secretaries may award
contracts, including contracts for monitoring activities, to
local private, non-profit, or cooperative entities; Youth
Conservation Corps crews or related partnerships, with State,
local and non-profit youth groups; small or micro-businesses;
or other entities that will hire or train a significant
percentage of local people to complete such contracts: Provided
further, That the authorities described above relating to
contracts, grants, and cooperative agreements are available
until all funds provided in this title for hazardous fuels
reduction activities in the urban wildland interface are
obligated.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $552,039,000, to remain available until expended
for construction, reconstruction, maintenance and acquisition
of buildings and other facilities, and for construction,
reconstruction, repair and maintenance of forest roads and
trails by the Forest Service as authorized by 16 U.S.C. 532-538
and 23 U.S.C. 101 and 205: Provided, That up to $15,000,000 of
the funds provided herein for road maintenance shall be
available for the decommissioning of roads, including
unauthorized roads not part of the transportation system, which
are no longer needed: Provided further, That no funds shall be
expended to decommission any system road until notice and an
opportunity for public comment has been provided on each
decommissioning project: Provided further, That the Forest
Service shall transfer $500,000 appropriated in Public Law 107-
63 within the Capital Improvement and Maintenance
appropriation, to the State and Private Forestry appropriation,
and shall provide these funds in an advance direct lump sum
payment to Purdue University for planning and construction of a
hardwood tree improvement and generation facility: Provided
further, That notwithstanding any provision of law, funds
provided for construction of facilities at Purdue University in
Indiana in this Act, in the amount of $1,700,000 shall be
available to the University, and $1,000,000 provided in this
Act for construction of facilities in Cordova, Alaska shall be
available to the city.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the Forest
Service, $133,815,000 tobe derived from the Land and Water
Conservation Fund and to remain available until expended: Provided,
That from amounts previously appropriated under this heading for the
acquisition of lands in the Tongass National Forest, $350,000 shall be
provided as an advance direct lump sum payment to the City of Juneau
for the acquisition of 10.5 acres of land in Southeastern Alaska for a
wild bird rehabilitation clinic and nature education center.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,069,000, to be derived
from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities
pursuant to the Act of December 4, 1967, as amended (16 U.S.C.
484a), and for authorized expenditures from funds deposited by
non-federal parties pursuant to related Land Sale and Exchange
Acts, to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of Public Law 94-579, as amended, to remain
available until expended, of which not to exceed 6 percent
shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage
federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (Public
Law 96-487), $5,542,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of not to exceed 113
passenger motor vehicles of which 10 will be used primarily for
law enforcement purposes and of which 113 shall be for
replacement; acquisition of 25 passenger motor vehicles from
excess sources, and hire of such vehicles; operation and
maintenance of aircraft, the purchase of not to exceed seven
for replacement only, and acquisition of sufficient aircraft
from excess sources to maintain the operable fleet at 195
aircraft for use in Forest Service wildland fire programs and
other Forest Service programs; notwithstanding other provisions
of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft; (2) services pursuant to 7
U.S.C. 2225, and not to exceed $100,000 for employment under 5
U.S.C. 3109; (3) purchase, erection, and alteration of
buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to
7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in
the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a
note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901-
5902; and (7) for debt collection contracts in accordance with
31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close
any regional office for National Forest System administration
of the Forest Service, Department of Agriculture without the
consent of the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency rehabilitation
of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning
conditions if and only if all previously appropriated emergency
contingent funds under the heading ``Wildland Fire Management''
have been released by the President and apportioned and all
funds under the heading ``Wildland Fire Management'' are
obligated.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development and the Foreign Agricultural Service in connection
with forest and rangeland research, technical information, and
assistance in foreign countries, and shall be available to
support forestry and related natural resource activities
outside the United States and its territories and possessions,
including technical assistance, education and training, and
cooperation with United States and international organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless the
proposed transfer is approved in advance by the House and
Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report No. 105-163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
procedures contained in House Report No. 105-163.
No funds available to the Forest Service shall be
transferred to the Working Capital Fund of the Department of
Agriculture that exceed the total amount transferred during
fiscal year 2000 for such purposes without the advance approval
of the House and Senate Committees on Appropriations.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,000,000 for high priority
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps.
Of the funds available to the Forest Service, $2,500 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum as Federal financial
assistance to the National Forest Foundation, without regard to
when the Foundation incurs expenses, for administrative
expenses or projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more
than $400,000 shall be available for administrative expenses:
Provided further, That the Foundation shall obtain, by the end
of the period of Federal financial assistance, private
contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the
Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds: Provided further, That
authorized investments of Federal funds held by the Foundation
may be made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fishand
Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, and may be
advanced in a lump sum as Federal financial assistance, without regard
to when expenses are incurred, for projects on or benefitting National
Forest System lands or related to Forest Service programs: Provided,
That the Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at least one-
for-one basis funds advanced by the Forest Service: Provided further,
That the Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of
the funds appropriated to the Forest Service in the ``National
Forest System'' and ``Capital Improvement and Maintenance''
accounts and planned to be allocated to activities under the
``Jobs in the Woods'' program for projects on National Forest
land in the State of Washington may be granted directly to the
Washington State Department of Fish and Wildlife for
accomplishment of planned projects. Twenty percent of said
funds shall be retained by the Forest Service for planning and
administering projects. Project selection and prioritization
shall be accomplished by the Forest Service with such
consultation with the State of Washington as the Forest Service
deems appropriate.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
For fiscal years 2003 through 2007, the Secretary of
Agriculture is authorized to enter into grants, contracts, and
cooperative agreements as appropriate with the Pinchot
Institute for Conservation, as well as with public and other
private agencies, organizations, institutions, and individuals,
to provide for the development, administration, maintenance, or
restoration of land, facilities, or Forest Service programs, at
the Grey Towers National Historic Landmark: Provided, That,
subject to such terms and conditions as the Secretary of
Agriculture may prescribe, any such public or private agency,
organization, institution, or individual may solicit, accept,
and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the
activities and services at the Grey Towers National Historic
Landmark: Provided further, That such gifts may be accepted
notwithstanding the fact that a donor conducts business with
the Department of Agriculture in any capacity.
Funds appropriated to the Forest Service shall be
available, as determined by the Secretary, for payments to Del
Norte County, California, pursuant to sections 13(e) and 14 of
the Smith River National Recreation Area Act (Public Law 101-
612).
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not to
exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters. Future
budget justifications for both the Forest Service and the
Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law
enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That such
amounts shall not exceed $1,000,000.
The Secretary of Agriculture may authorize the sale of
excess buildings, facilities, and other properties owned by the
Forest Service and located on the Green Mountain National
Forest, the revenues of which shall be retained by the Forest
Service and available to the Secretary without further
appropriation and until expended for maintenance and
rehabilitation activities on the Green Mountain National
Forest.
The Secretary of Agriculture may transfer or reimburse
funds available to the Forest Service, not to exceed
$15,000,000, to the Secretary of the Interior or the Secretary
of Commerce to expedite conferencing and consultations as
required under section 7 of the Endangered Species Act, 16
U.S.C. 1536. The amount of the transfer or reimbursement shall
be as mutually agreed by the Secretary of Agriculture and the
Secretary of the Interior or Secretary of Commerce, as
applicable, or their designees. The amount shall in no case
exceed the actual costs of consultation and conferencing.
Beginning on June 30, 2001 and concluding on December 31,
2003, an eligible individual who is employed in any project
funded under Title V of the Older American Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL)
Of the funds made available under this heading for
obligation in prior years, $87,000,000 shall not be available
until October 1, 2003: Provided, That funds made available in
previous appropriations Acts shall be available for any ongoing
project regardless of the separate request for proposal under
which the project was selected.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of the
Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for
plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning
the extraction, processing, use, and disposal of mineral
substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), $624,900,000, to remain
available until expended, of which $4,000,000 is to continue a
multi-year project for construction, renovation, furnishing,
and demolition or removal of buildings at National Energy
Technology Laboratory facilities in Morgantown, West Virginia
and Pittsburgh, Pennsylvania; and of which $150,000,000 are to
be made available, after coordination with the private sector,
for a request for proposals for a Clean Coal Power Initiative
providing for competitively-awarded research, development, and
demonstration projects to reduce the barriers to continued and
expanded coal use: Provided, That no project may be selected
for which sufficient funding is not available to provide for
the total project: Provided further, That funds shall be
expended in accordance with the provisions governing the use of
funds contained under the heading ``Clean Coal Technology'' in
prior appropriations: Provided further, That the Department may
include provisions for repayment of Government contributions to
individual projects in an amount up to the Government
contribution to the project on terms and conditions that are
acceptable to the Department including repayments from sale and
licensing of technologies from both domestic and foreign
transactions: Provided further, That such repayments shall be
retained by the Department for future coal-related research,
development and demonstration projects: Provided further, That
any technology selected under this program shall be considered
a Clean Coal Technology, and any project selected under this
program shall be considered a Clean Coal Technology Project,
forthe purposes of 42 U.S.C. Sec. 7651n, and Chapters 51, 52,
and 60 of title 40 of the Code of Federal Regulations: Provided
further, That no part of the sum herein made available shall be used
for the field testing of nuclear explosives in the recovery of oil and
gas: Provided further, That up to 4 percent of program direction funds
available to the National Energy Technology Laboratory may be used to
support Department of Energy activities not included in this account.
naval petroleum and oil shale reserves
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $17,831,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, unobligated funds remaining from prior years
shall be available for all naval petroleum and oil shale
reserve activities.
ELK HILLS SCHOOL LANDS FUND
For necessary expenses in fulfilling installment payments
under the Settlement Agreement entered into by the United
States and the State of California on October 11, 1996, as
authorized by section 3415 of Public Law 104-106, $36,000,000,
to become available on October 1, 2003 for payment to the State
of California for the State Teachers' Retirement Fund from the
Elk Hills School Lands Fund.
ENERGY CONSERVATION
For necessary expenses in carrying out energy conservation
activities, $897,603,000, to remain available until expended:
Provided, That $270,000,000 shall be for use in energy
conservation grant programs as defined in section 3008(3) of
Public Law 99-509 (15 U.S.C. 4507): Provided further, That
notwithstanding section 3003(d)(2) of Public Law 99-509, such
sums shall be allocated to the eligible programs as follows:
$225,000,000 for weatherization assistance grants and
$45,000,000 for State energy conservation grants.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities of
the Office of Hearings and Appeals, $1,487,000, to remain
available until expended.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), $172,856,000, to
remain available until expended.
SPR PETROLEUM ACCOUNT
(INCLUDING RESCISSION)
For the acquisition and transportation of petroleum and for
other necessary expenses pursuant to the Energy Policy and
Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
$7,000,000, to remain available until expended: Provided, That
from unobligated balances of prior year appropriations, an
amount of $5,000,000 is rescinded.
NORTHEAST HOME HEATING OIL RESERVE
For necessary expenses for Northeast Home Heating Oil
Reserve storage, operations, and management activities pursuant
to the Energy Policy and Conservation Act of 2000, $6,000,000,
to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities of
the Energy Information Administration, $80,611,000, to remain
available until expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year
shall be available for hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase, repair, and
cleaning of uniforms; and reimbursement to the General Services
Administration for security guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of
Energy under this Act shall be used to implement or finance
authorized price support or loan guarantee programs unless
specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account of the
Department of Energy or otherwise generated by sale of products
in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to
be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing
entities as provided in appropriate cost-sharing contracts or
agreements: Provided further, That the remainder of revenues
after the making of such payments shall be covered into the
Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the
Secretary pursuant to this authority shall not be executed
prior to the expiration of 30 calendar days (not including any
day in which either House of Congress is not in session because
of adjournment of more than 3 calendar days to a day certain)
from the receipt by the Speaker of the House of Representatives
and the President of theSenate of a full comprehensive report
on such project, including the facts and circumstances relied upon in
support of the proposed project.
No funds provided in this Act may be expended by the
Department of Energy to prepare, issue, or process procurement
documents for programs or projects for which appropriations
have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and
private sources, to be deposited in a contributed funds
account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State or
private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian Health
Service, $2,492,115,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 238(b) for services
furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $18,000,000 shall remain available until
expended, for the Indian Catastrophic Health Emergency Fund:
Provided further, That $460,130,000 for contract medical care
shall remain available for obligation until September 30, 2004:
Provided further, That contract medical care funds appropriated
heretofore and hereafter for tribes recognized after January 1,
1995, may be used to provide medical services directly or
through contract medical care: Provided further, That of the
funds provided, up to $25,000,000 shall be used to carry out
the loan repayment program under section 108 of the Indian
Health Care Improvement Act: Provided further, That funds
provided in this Act may be used for one-year contracts and
grants which are to be performed in two fiscal years, so long
as the total obligation is recorded in the year for which the
funds are appropriated: Provided further, That the amounts
collected by the Secretary of Health and Human Services under
the authority of title IV of the Indian Health Care Improvement
Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new
facilities): Provided further, That funding contained herein,
and in any earlier appropriations Acts for scholarship programs
under the Indian Health Care Improvement Act (25 U.S.C. 1613)
shall remain available for obligation until September 30, 2004:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That, notwithstanding any
other provision of law, of the amounts provided herein, not to
exceed $270,734,000 shall be for payments to tribes and tribal
organizations for contract or grant support costs associated
with contracts, grants, self-governance compacts or annual
funding agreements between the Indian Health Service and a
tribe or tribal organization pursuant to the Indian Self-
Determination Act of 1975, as amended, prior to or during
fiscal year 2003, of which not to exceed $2,500,000 may be used
for contract support costs associated with new or expanded
self-determination contracts, grants, self-governance compacts
or annual funding agreements: Provided further, That funds
appropriated under the Special Diabetes Program for Indians (42
U.S.C. 254c-3(c)) for fiscal year 2003 and thereafter for the
purpose of making grants shall remain available until expended:
Provided further, That notwithstanding any other provision of
law, contributions authorized by 10 U.S.C. 1111 for the
Uniformed Service of the Public Health Service shall be paid in
fiscal year 2003 and thereafter from the Department of Health
and Human Services' Retirement Pay and Medical Benefits for
Commissioned Officers account without charges billed to the
Indian Health Service: Provided further, That heretofore and
hereafter the provisions of 10 U.S.C. 1116 shall not apply to
the Indian Health Service: Provided further, That funds
available for the Indian Health Care Improvement Fund may be
used, as needed, to carry out activities typically funded under
the Indian Health Facilities account: Provided further, That of
the amounts provided for Indian Health Services, $15,000,000 is
provided to the Alaska Federation of Natives for alcohol
control, prevention, treatment, sobriety and wellness, of which
at least $100,000 shall be available for an independent third
party to conduct an evaluation of the program and $5,000,000
shall be available to the Alaska Native Tribal Health
Consortium for substance abuse and behavioral health counselors
through the Counselor in Every Village Program: Provided
further, That no more than 10 percent may be used by any entity
receiving funding for administrative overhead including
indirect costs: Provided further, That prior to the release of
funds to a regional Native non-profit entity, it must enter
into an agreement with the regional Native health corporation
on allocation of resources to avoid duplication of effort and
to foster cooperation.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications,
and drawings; acquisition of sites, purchase and erection of
modular buildings, and purchases of trailers; and for provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (42 U.S.C.
2004a), the Indian Self-Determination Act, and the Indian
Health Care Improvement Act, and for expenses necessary to
carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $376,190,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be
used to purchase land for sites to construct, improve, or
enlarge health or related facilities: Provided further, That
from the funds appropriated herein, $5,000,000 shall be
designated by the Indian Health Service as a contribution to
the Yukon-Kuskokwim Health Corporation (YKHC) to continue a
priority project for the acquisition of land, planning, design
and construction of 79 staff quarters in the Bethel service
area, pursuant to the negotiated project agreement between the
YKHC and the Indian Health Service: Provided further, That this
project shall not be subject to the construction provisions of
the Indian Self-Determination and Education Assistance Act and
shall be removed from the Indian Health Service priority list
upon completion: Provided further, That the Federal Government
shall not be liable for any property damages or other
construction claims that may arise from YKHC undertaking this
project: Provided further, That the land shall be owned or
leased by the YKHC and title to quarters shall remain vested
with the YKHC: Provided further, That not to exceed $500,000
shall be used by the Indian Health Service to purchase TRANSAM
equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided
further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities
construction for new homes funded with grants by the housing
programs of the U.S. Department of Housing and Urban
Development: Provided further, That not to exceed $1,000,000
from this account and the ``Indian Health Services'' account
shall be used by the Indian Health Service to obtain ambulances
for the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between the
Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 shall be placed
in a Demolition Fund, available until expended, to be used by
the Indian Health Service for demolition of Federal buildings:
Provided further, That notwithstanding the provisions of title
III, section 306, of the Indian Health Care Improvement Act
(Public Law 94-437, as amended), construction contracts
authorized under title I of the Indian Self-Determination and
Education Assistance Act of 1975, as amended, may be used
rather than grants to fund small ambulatory facility
construction projects: Provided further, That if a contract is
used, the IHS is authorized to improve municipal, private, or
tribal lands, and that at no time, during construction or after
completion of the project will the Federal Government have any
rights or title to any real or personal property acquired as a
part of the contract: Provided further, That notwithstandingany
other provision of law or regulation, for purposes of acquiring sites
for a new clinic and staff quarters in St. Paul Island, Alaska, the
Secretary of Health and Human Services may accept land donated by the
Tanadgusix Corporation.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
but at rates not to exceed the per diem rate equivalent to the
maximum rate payable for senior-level positions under 5 U.S.C.
5376; hire of passenger motor vehicles and aircraft; purchase
of medical equipment; purchase of reprints; purchase,
renovation and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances
therefor as authorized by 5 U.S.C. 5901-5902; and for expenses
of attendance at meetings which are concerned with the
functions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or
management of those functions or activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation
Facilities Act) and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized
by title I or title III of the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), may be
deobligated and reobligated to a self-determination contract
under title I, or a self-governance agreement under title III
of such Act and thereafter shall remain available to the tribe
or tribal organization without fiscal year limitation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law.
Funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and
accounted for in the appropriation structure set forth in this
Act.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in advance
with subsequent adjustment. The reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account which provided
the funding. Such amounts shall remain available until
expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or technical
assistance.
The appropriation structure for the Indian Health Service
may not be altered without advance approval of the House and
Senate Committees on Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$14,491,000, to remain available until expended: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-
10.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$5,490,000, of which $1,000,000 shall remain available until
expended for construction of the Library Technology Center.
Smithsonian Institution
SALARIES AND EXPENSES
(INCLUDING RESCISSION)
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; up to five replacement passenger vehicles;
purchase, rental, repair, and cleaning of uniforms for
employees, $463,205,000, of which not to exceed $53,634,000 for
the instrumentation program, collections acquisition,
exhibition reinstallation, security improvements, the National
Museum of the American Indian, and the repatriation of skeletal
remains program shall remain available until expended, and
including such funds as may be necessary to support American
overseas research centers and a total of $125,000 for the
Council of American Overseas Research Centers: Provided, That
funds appropriated herein are available for advance payments to
independent contractors performing research services or
participating in official Smithsonian presentations: Provided
further, That the Smithsonian Institution may expend Federal
appropriations designated in this Act for lease or rent
payments for long term and swing space, as rent payable to the
Smithsonian Institution, and such rent payments may be
deposited into the general trust funds of the Institution to
the extent that federally supported activities are housed in
the 900 H Street, N.W. building in the District of Columbia:
Provided further, That this use of Federal appropriations shall
not be construed as debt service, a Federal guarantee of, a
transfer of risk to, or an obligation of,the Federal
Government: Provided further, That no appropriated funds may be used to
service debt which is incurred to finance the costs of acquiring the
900 H Street building or of planning, designing, and constructing
improvements to such building: Provided further, That from unobligated
balances of prior year appropriations, an amount of $14,100,000 is
rescinded.
REPAIR, RESTORATION AND ALTERATION OF FACILITIES
For necessary expenses of maintenance, repair, restoration,
and alteration of facilities owned or occupied by the
Smithsonian Institution, including necessary personnel, by
contract or otherwise, as authorized by section 2 of the Act of
August 22, 1949 (63 Stat. 623), $83,425,000, to remain
available until expended, of which $18,875,000 is provided for
maintenance, repair, rehabilitation and alteration of
facilities at the National Zoological Park, and of which not to
exceed $10,000 is for services as authorized by 5 U.S.C. 3109:
Provided, That contracts awarded for environmental systems,
protection systems, and repair or restoration of facilities of
the Smithsonian Institution may be negotiated with selected
contractors and awarded on the basis of contractor
qualifications as well as price: Provided further, That
notwithstanding any other provision of law, a single
procurement contract for the repair and renovation of the
Patent Office Building may be issued which includes the full
scope of the project: Provided further, That the solicitation
of the contract and the contract shall contain the clause
``availability of funds'' found at 48 C.F.R. 52.232-18.
CONSTRUCTION
For necessary expenses for construction of the National
Museum of the American Indian, including necessary personnel,
$16,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
None of the funds in this or any other Act may be used to
make any changes to the existing Smithsonian science programs
including closure of facilities, relocation of staff or
redirection of functions and programs without approval from the
Board of Regents of recommendations received from the Science
Commission.
None of the funds in this or any other Act may be used to
initiate the design for any proposed expansion of current space
or new facility without consultation with the House and Senate
Appropriations Committees.
None of the funds in this or any other Act may be used for
the Holt House located at the National Zoological Park in
Washington, D.C., unless identified as repairs to minimize
water damage, monitor structure movement, or provide interim
structural support.
None of the funds available to the Smithsonian may be
reprogrammed without the advance written approval of the House
and Senate Committees on Appropriations in accordance with the
procedures contained in House Report No. 105-163.
National Gallery of Art
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, Seventy-
sixth Congress), including services as authorized by 5 U.S.C.
3109; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art
associations or societies whose publications or services are
available to members only, or to members at a price lower than
to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for
other employees as authorized by law (5 U.S.C. 5901-5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $77,219,000, of which not to exceed
$3,026,000 for the special exhibition program shall remain
available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $16,230,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$16,310,000.
CONSTRUCTION
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $17,600,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as authorized
by 5 U.S.C. 3109, $8,488,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$116,489,000, shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts through assistance to organizations and individuals
pursuant to sections 5(c) and 5(g) of the Act, including
$17,000,000 for support of arts education and public outreach
activities through the Challenge America program, for program
support, and for administering the functions of the Act, to
remain available until expended: Provided, That funds
previously appropriated to the National Endowment for the Arts
``Matching Grants'' account and ``Challenge America'' account
may be transferred to and merged with this account.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$109,632,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities,
pursuant to section 7(c) of the Act, and for administering the
functions of the Act, to remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of 1965,
as amended, $16,122,000, to remain available until expended, of
which $10,436,000 shall be availableto the National Endowment
for the Humanities for the purposes of section 7(h): Provided, That
this appropriation shall be available for obligation only in such
amounts as may be equal to the total amounts of gifts, bequests, and
devises of money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18
U.S.C. 1913: Provided, That none of the funds appropriated to
the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and representation
expenses: Provided further, That the Chairperson of the
National Endowment for the Arts may approve grants up to
$10,000, if in the aggregate this amount does not exceed 5
percent of the sums appropriated for grant making purposes per
year: Provided further, That such small grant actions are taken
pursuant to the terms of an expressed and direct delegation of
authority from the National Council on the Arts to the
Chairperson.
Commission of Fine Arts
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $1,224,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be credited
to this account as an offsetting collection, to remain
available until expended without further appropriation.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956(a)), as amended, $7,000,000.
ADMINISTRATIVE PROVISION
None of the funds appropriated in this or any other Act,
except funds appropriated to the Office of Management and
Budget, shall be available to study the alteration or transfer
of the National Capital Arts and Cultural Affairs program.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $3,667,000:
Provided, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.
National Capital Planning Commission
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $7,253,000: Provided,
That all appointed members of the Commission will be
compensated at a rate not to exceed the daily equivalent of the
annual rate of pay for positions at level IV of the Executive
Schedule for each day such member is engaged in the actual
performance of duties.
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$38,663,000, of which $1,900,000 for the museum's repair and
rehabilitation program and $1,264,000 for the museum's
exhibitions program shall remain available until expended.
Presidio Trust
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $21,327,000
shall be available to the Presidio Trust, to remain available
until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive Order
issued pursuant to existing law.
Sec. 302. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which congressional action is not complete.
Sec. 303. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 304. None of the funds provided in this Act to any
department or agency shall be obligated or expended to provide
a personal cook, chauffeur, or other personal servants to any
officer or employee of such department or agency except as
otherwise provided by law.
Sec. 305. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act
unless advance notice of such assessments and the basis
therefor are presented to the Committees on Appropriations and
are approved by such committees.
Sec. 306. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands in
a manner different than such sales were conducted in fiscal
year 2002.
Sec. 307. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims
and sections 2329, 2330, 2331, and 2333 of the Revised Statutes
(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2003, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section 314(c)
of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
Sec. 308. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committeereports for
the Bureau of Indian Affairs and the Indian Health Service by Public
Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-
291, and 107-63 for payments to tribes and tribal organizations for
contract support costs associated with self-determination or self-
governance contracts, grants, compacts, or annual funding agreements
with the Bureau of Indian Affairs or the Indian Health Service as
funded by such Acts, are the total amounts available for fiscal years
1994 through 2002 for such purposes, except that, for the Bureau of
Indian Affairs, tribes and tribal organizations may use their tribal
priority allocations for unmet indirect costs of ongoing contracts,
grants, self-governance compacts or annual funding agreements.
Sec. 309. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual
for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, except
a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to
a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
Sec. 310. The National Endowment for the Arts and the
National Endowment for the Humanities are authorized to
solicit, accept, receive, and invest in the name of the United
States, gifts, bequests, or devises of money and other property
or services and to use such in furtherance of the functions of
the National Endowment for the Arts and the National Endowment
for the Humanities. Any proceeds from such gifts, bequests, or
devises, after acceptance by the National Endowment for the
Arts or the National Endowment for the Humanities, shall be
paid by the donor or the representative of the donor to the
Chairman. The Chairman shall enter the proceeds in a special
interest-bearing account to the credit of the appropriate
endowment for the purposes specified in each case.
Sec. 311. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this Act,
the Chairperson of the National Endowment for the Arts shall
ensure that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or
programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a
population of individuals, including urban minorities,
who have historically been outside the purview of arts
and humanities programs due to factors such as a high
incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)) applicable to a family of the size
involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act of
1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance
for projects, productions, workshops, or programs that will
encourage public knowledge, education, understanding, and
appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Humanities
Act of 1965--
(1) the Chairperson shall establish a grant
category for projects, productions, workshops, or
programs that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants exceeding
15 percent, in the aggregate, of such funds to any
single State, excluding grants made under the authority
of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act; and
(4) the Chairperson shall encourage the use of
grants to improve and support community-based music
performance and education.
Sec. 312. No part of any appropriation contained in this
Act shall be expended or obligated to complete and issue the 5-
year program under the Forest and Rangeland Renewable Resources
Planning Act.
Sec. 313. None of the funds in this Act may be used to
support Government-wide administrative functions unless such
functions are justified in the budget process and funding is
approved by the House and Senate Committees on Appropriations.
Sec. 314. Notwithstanding any other provision of law, none
of the funds in this Act may be used for GSA Telecommunication
Centers.
Sec. 315. Notwithstanding any other provision of law, for
fiscal year 2003 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ``Jobs in the
Woods'' Program established in Region 10 of the Forest Service
to individuals and entities in historically timber-dependent
areas in the States of Washington, Oregon, northern California,
Idaho, Montana, and Alaska that have been affected by reduced
timber harvesting on Federal lands. The Secretaries shall
consider the benefits to the local economy in evaluating bids
and designing procurements which create economic opportunities
for local contractors.
Sec. 316. Amounts deposited during fiscal year 2002 in the
roads and trails fund provided for in the 14th paragraph under
the heading ``FOREST SERVICE'' of the Act of March 4, 1913 (37
Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of
Agriculture, without regard to the State in which the amounts
were derived, to repair or reconstruct roads, bridges, and
trails on National Forest System lands or to carry out and
administer projects to improve forest health conditions, which
may include the repair or reconstruction of roads, bridges, and
trails on National Forest System lands in the wildland-
community interface where there is an abnormally high risk of
fire. The projects shall emphasize reducing risks to human
safety and public health and property and enhancing ecological
functions, long-term forest productivity, and biological
integrity. The projects may be completed in a subsequent fiscal
year. Funds shall not be expended under this section to replace
funds which would otherwise appropriately be expended from the
timber salvage sale fund. Nothing in this section shall be
construed to exempt any project from any environmental law.
Sec. 317. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
machines include an option that enables callers to reach
promptly an individual on-duty with the agency being contacted.
Sec. 318. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised usinga residual
value approach that assigns domestic Alaska values for western
redcedar. Program accomplishments shall be based on volume sold. Should
Region 10 sell, in fiscal year 2003, the annual average portion of the
decadal allowable sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when appraised using a
residual value approach that assigns domestic Alaska values for western
redcedar, all of the western redcedar timber from those sales which is
surplus to the needs of domestic processors in Alaska, shall be made
available to domestic processors in the contiguous 48 United States at
prevailing domestic prices. Should Region 10 sell, in fiscal year 2003,
less than the annual average portion of the decadal allowable sale
quantity called for in the Tongass Land Management Plan in sales which
are not deficit when appraised using a residual value approach that
assigns domestic Alaska values for western redcedar, the volume of
western redcedar timber available to domestic processors at prevailing
domestic prices in the contiguous 48 United States shall be that
volume: (i) which is surplus to the needs of domestic processors in
Alaska, and (ii) is that percent of the surplus western redcedar volume
determined by calculating the ratio of the total timber volume which
has been sold on the Tongass to the annual average portion of the
decadal allowable sale quantity called for in the current Tongass Land
Management Plan. The percentage shall be calculated by Region 10 on a
rolling basis as each sale is sold (for purposes of this amendment, a
``rolling basis'' shall mean that the determination of how much western
redcedar is eligible for sale to various markets shall be made at the
time each sale is awarded). Western redcedar shall be deemed ``surplus
to the needs of domestic processors in Alaska'' when the timber sale
holder has presented to the Forest Service documentation of the
inability to sell western redcedar logs from a given sale to domestic
Alaska processors at a price equal to or greater than the log selling
value stated in the contract. All additional western redcedar volume
not sold to Alaska or contiguous 48 United States domestic processors
may be exported to foreign markets at the election of the timber sale
holder. All Alaska yellow cedar may be sold at prevailing export prices
at the election of the timber sale holder.
Sec. 319. A project undertaken by the Forest Service under
the Recreation Fee Demonstration Program as authorized by
section 315 of the Department of the Interior and Related
Agencies Appropriations Act for Fiscal Year 1996, as amended,
shall not result in--
(1) displacement of the holder of an authorization
to provide commercial recreation services on Federal
lands. Prior to initiating any project, the Secretary
shall consult with potentially affected holders to
determine what impacts the project may have on the
holders. Any modifications to the authorization shall
be made within the terms and conditions of the
authorization and authorities of the impacted agency.
(2) the return of a commercial recreation service
to the Secretary for operation when such services have
been provided in the past by a private sector provider,
except when--
(A) the private sector provider fails to
bid on such opportunities;
(B) the private sector provider terminates
its relationship with the agency; or
(C) the agency revokes the permit for non-
compliance with the terms and conditions of the
authorization.
In such cases, the agency may use the Recreation Fee
Demonstration Program to provide for operations until a
subsequent operator can be found through the offering of a new
prospectus.
Sec. 320. Prior to October 1, 2003, the Secretary of
Agriculture shall not be considered to be in violation of
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely
because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this
section exempts the Secretary from any other requirement of the
Forest and Rangeland Renewable Resources Planning Act (16
U.S.C. 1600 et seq.) or any other law: Provided, That if the
Secretary is not acting expeditiously and in good faith, within
the funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with respect
to such plan and a court of proper jurisdiction may order
completion of the plan on an accelerated basis.
Sec. 321. Until September 30, 2005, the authority of the
Secretary of Agriculture to enter into an agreement under the
first section of Public Law 94-148 (16 U.S.C. 565a-1) for a
purpose described in such section includes the authority to use
that legal instrument when the principal purpose of the
resulting relationship is to the mutually significant benefit
of the Forest Service and the other party or parties to the
agreement, including nonprofit entities. An agreement entered
into under this section shall not be subject to Public Law 95-
224, Federal Grant and Cooperative Agreement Act (1977).
Sec. 322. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
Sec. 323. Section 347 of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (as contained in
section 101(e) of division A of Public Law 105-277; 16 U.S.C.
2104 note), is amended--
(1) in subsection (a), by striking ``September 30,
2004'' and all that follows and inserting ``September
30, 2013, the Forest Service and the Bureau of Land
Management, via agreement or contract as appropriate,
may enter into stewardship contracting projects with
private persons or other public or private entities to
perform services to achieve land management goals for
the national forests and the public lands that meet
local and rural community needs.'';
(2) in subsection (b)(4)--
(A) by striking ``noncommercial cutting or
removing of trees'' and inserting ``removing
vegetation''; and
(B) by striking ``non-commercial
objectives'' and inserting ``land management
objectives'';
(3) in subsection (c), by adding at the end a new
paragraph as follows:
``(5) Contracting officer.--Notwithstanding any
other provision of law, the Secretary of Agriculture or
the Secretary of the Interior may determine the
appropriate contracting officer to enter into and
administer an agreement or contract under subsection
(a).'';
(4) in subsections (c)(3), (d), (f), and (g), by
inserting ``and the Bureau of Land Management'' after
``Forest Service'' each place it appears;
(5) in the section heading, by striking
``DEMONSTRATION PROJECT'' and inserting ``PROJECTS'';
(6) in subsections (d)(2) and (f)(2)(B), by
striking ``demonstration'' each place it appears;
(7) in subsection (d)(3), by striking ``the
Secretary'' both places it appears and inserting ``the
Forest Service or the Bureau of Land Management''and by
inserting ``or the public lands'' after ``National Forest System''; and
(8) in subsection (g), by striking ``each
individual stewardship pilot project'' and inserting
``the stewardship contracting projects''.
Sec. 324. Technical Correction Related to Cabin User
Fees.--Section 608(b)(2) of the Cabin User Fee Fairness Act of
2000 (16 U.S.C. 6207(b)(2); Public Law 106-291) is amended by
striking ``value influences'' and inserting in lieu thereof
``criteria'' and striking ``section 606(b)(3)'' and inserting
in lieu thereof ``section 606(b)(2)''.
Sec. 325. Extension of Forest Service Conveyances Pilot
Program.--Section 329 of the Department of the Interior and
Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note;
Public Law 107-63) is amended--
(1) in subsection (b), by striking ``10'' and
inserting ``20'';
(2) in subsection (c) by inserting at the end of
the subsection ``Additionally, proceeds from the sale
of conveyances on no more than 3 sites shall be
available for construction of replacement
facilities.''; and
(3) in subsection (d), by striking ``2005'' and
inserting ``2006''.
Sec. 326. Employees of the foundations established by Acts
of Congress to solicit private sector funds on behalf of
Federal land management agencies shall, in fiscal year 2004,
qualify for General Service Administration contract airfares.
Sec. 327. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance Act
(42 U.S.C. 1856m) the Secretary of Agriculture and the
Secretary of the Interior are authorized to enter into
reciprocal agreements in which the individuals furnished under
said agreements to provide wildfire services are considered,
for purposes of tort liability, employees of the country
receiving said services when the individuals are fighting
fires. The Secretary of Agriculture or the Secretary of the
Interior shall not enter into any agreement under this
provision unless the foreign country (either directly or
through its fire organization) agrees to assume any and all
liability for the acts or omissions of American firefighters
engaged in firefighting in a foreign country. When an agreement
is reached for furnishing fire fighting services, the only
remedies for acts or omissions committed while fighting fires
shall be those provided under the laws of the host country and
those remedies shall be the exclusive remedies for any claim
arising out of fighting fires in a foreign country. Neither the
sending country nor any organization associated with the
firefighter shall be subject to any action whatsoever
pertaining to or arising out of fighting fires.
Sec. 328. A grazing permit or lease issued by the Secretary
of the Interior or a grazing permit issued by the Secretary of
Agriculture where National Forest System lands are involved
that expires, is transferred, or waived during fiscal year 2003
shall be renewed under section 402 of the Federal Land Policy
and Management Act of 1976, as amended (43 U.S.C. 1752),
section 19 of the Granger-Thye Act, as amended (16 U.S.C.
580l), title III of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010 et seq.), or, if applicable, section 510 of the
California Desert Protection Act (16 U.S.C. 410aaa-50). The
terms and conditions contained in the expired, transferred, or
waived permit or lease shall continue in effect under the
renewed permit or lease until such time as the Secretary of the
Interior or Secretary of Agriculture as appropriate completes
processing of such permit or lease in compliance with all
applicable laws and regulations, at which time such permit or
lease may be canceled, suspended or modified, in whole or in
part, to meet the requirements of such applicable laws and
regulations. Nothing in this section shall be deemed to alter
the statutory authority of the Secretary of the Interior or the
Secretary of Agriculture: Provided, That where National Forest
System lands are involved and the Secretary of Agriculture has
renewed an expired or waived grazing permit prior to or during
fiscal year 2003 under the authority of section 504 of the
Rescissions Act of 1995 (Public Law 104-19), the terms and
conditions of the renewed grazing permit shall remain in effect
until such time as the Secretary of Agriculture completes
processing of the renewed permit in compliance with all
applicable laws and regulations or until the expiration of the
renewed permit, whichever comes first. Upon completion of the
processing, the permit may be canceled, suspended or modified,
in whole or in part, to meet the requirements of applicable
laws and regulations. Nothing in this section shall be deemed
to alter the Secretary of Agriculture's statutory authority.
Sec. 329. Notwithstanding any other provision of law or
regulation, to promote the more efficient use of the health
care funding allocation for fiscal year 2003, the Eagle Butte
Service Unit of the Indian Health Service, at the request of
the Cheyenne River Sioux Tribe, may pay base salary rates to
health professionals up to the highest grade and step available
to a physician, pharmacist, or other health professional and
may pay a recruitment or retention bonus of up to 25 percent
above the base pay rate.
Sec. 330. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other
appropriations Act.
Sec. 331. Prohibition of Oil and Gas Drilling in the Finger
Lakes National Forest, New York.--None of the funds in this Act
may be used to prepare or issue a permit or lease for oil or
gas drilling in the Finger Lakes National Forest, New York,
during fiscal year 2003.
Sec. 332. None of the funds made available in this Act may
be used for the planning, design, or construction of
improvements to Pennsylvania Avenue in front of the White House
without the advance approval of the Committees on
Appropriations.
Sec. 333. In awarding a Federal Contract with funds made
available by this Act, the Secretary of Agriculture and the
Secretary of the Interior (the ``Secretaries'') may, in
evaluating bids and proposals, give consideration to local
contractors who are from, and who provide employment and
training for, dislocated and displaced workers in an
economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected by
reduced timber harvesting on Federal lands and other forest-
dependent rural communities isolated from significant
alternative employment opportunities: Provided, That the
contract is for forest hazardous fuels reduction, watershed or
water quality monitoring or restoration, wildlife or fish
population monitoring, or habitat restoration or management:
Provided further, That the terms ``rural community'' and
``economically disadvantaged'' shall have the same meanings as
in section 2374 of Public Law 101-624: Provided further, That
the Secretaries shall develop guidance to implement this
section: Provided further, That nothing in this section shall
be construed as relieving the Secretaries of any duty under
applicable procurement laws, except as provided in this
section.
Sec. 334. Section 401(e)(4)(B) of Public Law 105-83 is
amended after ``Not more than'' by striking ``5 percent'' and
inserting ``15 percent''.
Sec. 335. The Record of Decision for the 2003 Supplemental
Environmental Impact Statement for the 1997 Tongass Land
Management Plan shall not be reviewed under any Forest Service
administrative appeal process, and its adequacy shall not be
subject to judicial review by any court of the United States.
Sec. 336. Section 7(c) of Public Law 106-143 is amended by
striking ``2001'' and inserting ``2004''.
Sec. 337. Clarification of Alaska Native Settlement Trusts.
(a) Section 1629b of title 43, United States Code, is amended--
(1) at subsection (d)(1) by striking ``An'' and
inserting in its place ``Except as otherwise set forth
in subsection (d)(3) of this section, an'';
(2) by creating the following new subsection:
``(d)(3) A resolution described in subsection (a)(3) of
this section shall be considered to be approved by the
shareholders of a Native Corporation if it receives the
affirmative vote of shares representing--
``(A) a majority of the shares present or
represented by proxy at the meeting relating to such
resolution, or
``(B) an amount of shares greater than a majority
of the shares present or represented by proxy at the
meeting relating to such resolution (but not greater
than two-thirds of the total voting power of the
corporation) if the corporation establishes such a
level by an amendment to its articles of
incorporation.'';
(3) by creating the following new subsection:
``(f) Substantially All of the Assets.--For purposes of
this section and section 1629e of this title, a Native
Corporation shall be considered to be transferring all or
substantially all of its assets to a Settlement Trust only if
such assets represent two-thirds or more of the fair market
value of the Native Corporation's total assets.''.
(b) Section 1629e(a)(3) of title 43, United States Code, is
amended by striking subparagraph (B) and inserting in its place
the following:
``(B) shall give rise to dissenters rights
to the extent provided under the laws of the
State only if--
``(i) the rights of beneficiaries
in the Settlement Trust receiving a
conveyance are inalienable; and
``(ii) a shareholder vote on such
transfer is required by (a)(4) of
section 1629b of this title.''.
Sec. 338. Congress reaffirms its original intent that the
Herger-Feinstein Quincy Library Group Forest Recovery Act of
1998 be implemented, and hereby extends the expiration of the
Quincy Library Group Act by 5 years.
Sec. 339. Amendment to Titles I and II of the Energy Policy
and Conservation Act.--(a) Title I of the Energy Policy and
Conservation Act (42 U.S.C. 6231-6247b) is amended--
(1) by amending section 166 (42 U.S.C. 6246) to
read as follows:
``Sec. 166. There are authorized to be appropriated such
sums as may be necessary to implement this part, to remain
available until expended.'';
(2) in section 186 (42 U.S.C. 6250e), by striking
``for fiscal years 2001, 2002, and 2003''; and
(3) in section 191 (42 U.S.C. 6251), by striking
``September 30, 2003'' each time it appears and
inserting ``September 30, 2008''.
(b) Title II of the Energy Policy and Conservation Act (42
U.S.C. 6211-6251) is amended--
(1) by amending section 256(h) (42 U.S.C. 6276) to
read as follows:
``(h) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary to
implement this part, to remain available until expended.''; and
(2) in section 281 (42 U.S.C. 6285), by striking
``September 30, 2003'' each time it appears and inserting
``September 30, 2008''.
Sec. 340. No funds appropriated in this Act for the
acquisition of lands or interests in lands may be expended for
the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate
Committees on Appropriations: Provided, That this provision
shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of 1989,
or to funds appropriated for federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
Sec. 341. Designation of Panthertown Valley Tract of
Nantahala National Forest, Jackson County, North Carolina, in
Honor of James and Elspeth McClure Clarke.--The portion of the
Nantahala National Forest in Jackson County, North Carolina,
known as the Panthertown Valley tract and consisting of
approximately 6,294 acres is hereby designated as the ``James
and Elspeth McClure Clarke Forest'' in honor of James and
Elspeth McClure Clarke.
TITLE IV--T'UF SHUR BIEN PRESERVATION TRUST AREA
SEC. 401. SHORT TITLE.
This title may be cited as the ``T'uf Shur Bien
Preservation Trust Area Act''.
SEC. 402. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in 1748, the Pueblo of Sandia received a grant
from a representative of the King of Spain, which grant
was recognized and confirmed by Congress in 1858 (11
Stat. 374); and
(2) in 1994, the Pueblo filed a civil action
against the Secretary of the Interior and the Secretary
of Agriculture in the United States District Court for
the District of Columbia (Civil No. 1:94CV02624),
asserting that Federal surveys of the grant boundaries
erroneously excluded certain land within the Cibola
National Forest, including a portion of the Sandia
Mountain Wilderness.
(b) Purposes.--The purposes of this title are--
(1) to establish the T'uf Shur Bien Preservation
Trust Area in the Cibola National Forest;
(2) to confirm the status of national forest land
and wilderness land in the Area while resolving issues
associated with the civil action referred to in
subsection (a)(2) and the opinions of the Solicitor of
the Department of the Interior dated December 9, 1988
(M-36963; 96 I.D. 331) and January 19, 2001 (M-37002);
and
(3) to provide the Pueblo, the parties to the civil
action, and the public with a fair and just settlement
of the Pueblo's claim.
SEC. 403. DEFINITIONS.
In this title:
(1) Area.--
(A) In general.--The term ``Area'' means
the T'uf Shur Bien Preservation Trust Area,
comprised of approximately 9890 acres of land
in the Cibola National Forest, as depicted on
the map.
(B) Exclusions.--The term ``Area'' does not
include--
(i) the subdivisions;
(ii) Pueblo-owned land;
(iii) the crest facilities; or
(iv) the special use permit area.
(2) Crest facilities.--The term ``crest
facilities'' means--
(A) all facilities and developments located
on the crest of Sandia Mountain, including the
Sandia Crest Electronic Site;
(B) electronic site access roads;
(C) the Crest House;
(D) the upper terminal, restaurant, and
related facilities of Sandia Peak Tram Company;
(E) the Crest Observation Area;
(F) parking lots;
(G) restrooms;
(H) the Crest Trail (Trail No. 130);
(I) hang glider launch sites;
(J) the Kiwanis cabin; and
(K) the land on which the facilities
described in subparagraphs (A) through (J) are
located and the land extending 100 feet along
terrain to the west of each such facility,
unless a different distance is agreed to in
writing by the Secretary and the Pueblo and
documented in the survey of the Area.
(3) Existing use.--The term ``existing use'' means
a use that--
(A) is occurring in the Area as of the date
of enactment of this Act; or
(B) is authorized in the Area after
November 1, 1995, but before the date of
enactment of this Act.
(4) La luz tract.--The term ``La Luz tract'' means
the tract comprised of approximately 31 acres of land
owned in fee by the Pueblo and depicted on the map.
(5) Local public body.--The term ``local public
body'' means a political subdivision of the State of
New Mexico (as defined in New Mexico Code 6-5-1).
(6) Map.--The term ``map'' means the Forest Service
map entitled ``T'uf Shur Bien Preservation Trust Area''
and dated April 2000.
(7) Modified use.--
(A) In general.--The term ``modified use''
means an existing use that, at any time after
the date of enactment of this Act, is modified
or reconfigured but not significantly expanded.
(B) Inclusions.--The term ``modified use''
includes--
(i) a trail or trailhead being
modified, such as to accommodate
handicapped access;
(ii) a parking area being
reconfigured (but not expanded); and
(iii) a special use authorization
for a group recreation use being
authorized for a different use area or
time period.
(8) New use.--
(A) In general.--The term ``new use''
means--
(i) a use that is not occurring in
the Area as of the date of enactment of
this Act; and
(ii) an existing use that is being
modified so as to be significantly
expanded or altered in scope,
dimension, or impact on the land,
water, air, or wildlife resources of
the Area.
(B) Exclusions.--The term ``new use'' does
not include a use that--
(i) is categorically excluded from
documentation requirements under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); or
(ii) is carried out to comply with
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(9) Piedra lisa tract.--The term ``Piedra Lisa
tract'' means the tract comprised of approximately 160
acres of land owned by the Pueblo and depicted on the
map.
(10) Pueblo.--The term ``Pueblo'' means the Pueblo
of Sandia in its governmental capacity.
(11) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of
the Forest Service.
(12) Settlement agreement.--The term ``Settlement
Agreement'' means the Agreement of Compromise and
Settlement dated April 4, 2000, among the United
States, the Pueblo, and the Sandia Peak Tram Company.
(13) Special use permit.--The term ``special use
permit'' means the Special Use Permit issued December
1, 1993, by the Secretary to Sandia Peak Tram Company
and Sandia Peak Ski Company.
(14) Special use permit area.--
(A) In general.--The term ``special use
permit area'' means the land and facilities
subject to the special use permit.
(B) Inclusions.--The term ``special use
permit area'' includes--
(i) approximately 46 acres of land
used as an aerial tramway corridor;
(ii) approximately 945 acres of
land used as a ski area; and
(iii) the land and facilities
described in Exhibit A to the special
use permit, including--
(I) the maintenance road to
the lower tram tower;
(II) water storage and
water distribution facilities;
and
(III) 7 helispots.
(15) Subdivision.--The term ``subdivision'' means--
(A) the subdivision of--
(i) Sandia Heights Addition;
(ii) Sandia Heights North Unit I,
II, or 3;
(iii) Tierra Monte;
(iv) Valley View Acres; or
(v) Evergreen Hills; and
(B) any additional plat or privately-owned
property depicted on the map.
(16) Traditional or cultural use.--The term
``traditional or cultural use'' means--
(A) a ceremonial activity (including the
placing of ceremonial materials in the Area);
and
(B) the use, hunting, trapping, or
gathering of plants, animals, wood, water, and
other natural resources for a noncommercial
purpose.
SEC. 404. T'UF SHUR BIEN PRESERVATION TRUST AREA.
(a) Establishment.--The T'uf Shur Bien Preservation Trust
Area is established within the Cibola National Forest and the
Sandia Mountain Wilderness as depicted on the map--
(1) to recognize and protect in perpetuity the
rights and interests of the Pueblo in and to the Area,
as specified in section 405(a);
(2) to preserve in perpetuity the national forest
and wilderness character of the Area; and
(3) to recognize and protect in perpetuity the
longstanding use and enjoyment of the Area by the
public.
(b) Administration and Applicable Law.--
(1) In general.--The Secretary shall continue to
administer the Area as part of the National Forest
System subject to and consistent with the provisions of
this title affecting management of the Area.
(2) Traditional or cultural uses.--Traditional or
cultural uses by Pueblo members and members of other
federally-recognized Indian tribes authorized to use
the Area by the Pueblo under section 405(a)(4) shall
not be restricted except by--
(A) the Wilderness Act (16 U.S.C. 1131 et
seq.) (including regulations promulgated under
that Act) as in effect on the date of enactment
of this Act; and
(B) applicable Federal wildlife protection
laws, as provided in section 406(a)(2).
(3) Later enactments.--To the extent that any law
enacted or amended after the date of enactment of this
Act is inconsistent with this title, the law shall not
apply to the Area unless expressly made applicable by
Congress.
(4) Trust.--The use of the word ``Trust'' in the
name of the Area--
(A) is in recognition of the specific
rights and interests of the Pueblo in the Area;
and
(B) does not confer on the Pueblo the
ownership interest that exists in a case in
which the Secretary of the Interior accepts the
title to land held in trust for the benefit of
an Indian tribe.
(c) Map.--
(1) Filing.--As soon as practicable after the date
of enactment of this Act, the Secretary shall file the
map and a legal description of the Area with the
Committee on Resources of the House of Representatives
and with the Committee on Energy and Natural Resources
of the Senate.
(2) Public availability.--The map and legal
description shall be on file and available for public
inspection in the Office of the Chief of the Forest
Service, Washington, District of Columbia.
(3) Effect.--The map and legal description filed
under paragraph (1) shall have the same effect as if
the map and legal description were included in this
title, except that--
(A) technical and typographical errors
shall be corrected;
(B) changes that may be necessary under
subsection (b), (d), or (e) of section 409 or
subsection (b) or (c) of section 413 shall be
made; and
(C) to the extent that the map and the
language of this title conflict, the language
of this title shall control.
(d) No Conveyance of Title.--No right, title, or interest
of the United States in or to the Area or any part of the Area
shall be conveyed to or exchanged with any person, trust, or
governmental entity, including the Pueblo, without specific
authorization of Congress.
(e) Prohibited Uses.--
(1) In general.--Notwithstanding any other
provision of law--
(A) no use prohibited by the Wilderness Act
(16 U.S.C. 1131 et seq.) as of the date of
enactment of this Act shall be permitted in the
wilderness portion of the Area; and
(B) none of the following uses shall be
permitted in any portion of the Area:
(i) Gaming or gambling.
(ii) Mineral production.
(iii) Timber production.
(iv) Any new use to which the
Pueblo objects under section 405(a)(3).
(2) Mining claims.--The Area is closed to the
location of mining claims under section 2320 of the
Revised Statutes (30 U.S.C. 23) (commonly known as the
``Mining Law of 1872'').
(f) No Modification of Boundaries.--Establishment of the
Area shall not--
(1) affect the boundaries of or repeal or
disestablish the Sandia Mountain Wilderness or the
Cibola National Forest; or
(2) modify the existing boundary of the Pueblo
grant.
SEC. 405. PUEBLO RIGHTS AND INTERESTS IN THE AREA.
(a) In General.--The Pueblo shall have the following rights
and interests in the Area:
(1) Free and unrestricted access to the Area for
traditional or cultural uses, to the extent that those
uses are not inconsistent with--
(A) the Wilderness Act (16 U.S.C. 1131 et
seq.) (including regulations promulgated under
that Act) as in effect on the date of enactment
of this Act; or
(B) applicable Federal wildlife protection
laws as provided in section 406(a)(2).
(2) Perpetual preservation of the national forest
and wilderness character of the Area under this title.
(3) Rights in the management of the Area as
specified in section 407, including--
(A) the right to consent or withhold
consent to a new use;
(B) the right to consultation regarding a
modified use;
(C) the right to consultation regarding the
management and preservation of the Area; and
(D) the right to dispute resolution
procedures.
(4) Exclusive authority, in accordance with the
customs and laws of the Pueblo, to administer access to
the Area for traditional or cultural uses by members of
the Pueblo and of other federally-recognized Indian
tribes.
(5) Such other rights and interests as are
recognized in sections 404, 405(c), 407, 408, and 409.
(b) Access.-- Except as provided in subsection (a)(4),
access to and use of the Area for all other purposes shall
continue to be administered by the Secretary.
(c) Compensable Interest.--
(1) In general.--If, by an Act of Congress enacted
after the date of enactment of this Act, Congress
diminishes the national forest or wilderness
designation of the Area by authorizing a use prohibited
by section 404(e) in all or any portion of the Area, or
denies the Pueblo access for any traditional or
cultural use in all or any portion of the Area--
(A) the United States shall compensate the
Pueblo as if the Pueblo held a fee title
interest in the affected portion of the Area
and as though the United States had acquired
such an interest by legislative exercise of the
power of eminent domain; and
(B) the restrictions of sections 404(e) and
406(a) shall be disregarded in determining just
compensation owed to the Pueblo.
(2) Effect.--Any compensation made to the Pueblo
under paragraph (c) shall not affect the extinguishment
of claims under section 410.
SEC. 406. LIMITATIONS ON PUEBLO RIGHTS AND INTERESTS IN THE AREA.
(a) Limitations.--The rights and interests of the Pueblo
recognized in this title do not include--
(1) any right to sell, grant, lease, convey,
encumber, or exchange land or any interest in land in
the Area (and any such conveyance shall not have
validity in law or equity);
(2) any exemption from applicable Federal wildlife
protection laws;
(3) any right to engage in a use prohibited by
section 404(e); or
(4) any right to exclude persons or governmental
entities from the Area.
(b) Exception.--No person who exercises traditional or
cultural use rights as authorized by section 405(a)(4) may be
prosecuted for a Federal wildlife offense requiring proof of a
violation of a State law (including regulations).
SEC. 407. MANAGEMENT OF THE AREA.
(a) Process.--
(1) In general.--The Secretary shall consult with
the Pueblo not less than twice each year, unless
otherwise mutually agreed, concerning protection,
preservation, and management of the Area (including
proposed new uses and modified uses in the Area and
authorizations that are anticipated during the next 6
months and were approved in the preceding 6 months).
(2) New uses.--
(A) Request for consent after
consultation.--
(i) Denial of consent.--If the
Pueblo denies consent for a new use
within 30 days after completion of the
consultation process, the Secretary
shall not proceed with the new use.
(ii) Granting of consent.--If the
Pueblo consents to the new use in
writing or fails to respond within 30
days after completion of the
consultation process, the Secretary may
proceed with the notice and comment
process and the environmental analysis.
(B) Final request for consent.--
(i) Request.--Before the Secretary
(or a designee) signs a record of
decision or decision notice for a
proposed new use, the Secretary shall
again request the consent of the
Pueblo.
(ii) Denial of consent.--If the
Pueblo denies consent for a new use
within 30 days after receipt by the
Pueblo of the proposed record of
decision or decision notice, the new
use shall not be authorized.
(iii) Failure to respond.--If the
Pueblo fails to respond to the consent
request within 30 days after receipt of
the proposed record of decision or
decision notice--
(I) the Pueblo shall be
deemed to have consented to the
proposed record of decision or
decision notice; and
(II) the Secretary may
proceed to issue the final
record of decision or decision
notice.
(3) Public involvement.--
(A) In general.--With respect to a proposed
new use or modified use, the public shall be
provided notice of--
(i) the purpose and need for the
proposed new use or modified use;
(ii) the role of the Pueblo in the
decisionmaking process; and
(iii) the position of the Pueblo on
the proposal.
(B) Court challenge.--Any person may bring
a civil action in the United States District
Court for the District of New Mexico to
challenge a determination by the Secretary
concerning whether a use constitutes a new use
or a modified use.
(b) Emergencies and Emergency Closure Orders.--
(1) Authority.--The Secretary shall retain the
authority of the Secretary to manage emergency
situations, to--
(A) provide for public safety; and
(B) issue emergency closure orders in the
Area subject to applicable law.
(2) Notice.--The Secretary shall notify the Pueblo
regarding emergencies, public safety issues, and
emergency closure orders as soon as practicable.
(3) No consent.--An action of the Secretary
described in paragraph (1) shall not require the
consent of the Pueblo.
(c) Disputes Involving Forest Service Management and Pueblo
Traditional Uses.--
(1) In general.--In a case in which the management
of the Area by the Secretary conflicts with a
traditional or cultural use, if the conflict does not
pertain to a new use subject to the process specified
in subsection (a)(2), the process for dispute
resolution specified in this subsection shall apply.
(2) Dispute resolution process.--
(A) In general.--In the case of a conflict
described in paragraph (1)--
(i) the party identifying the
conflict shall notify the other party
in writing addressed to the Governor of
the Pueblo or the Regional Forester, as
appropriate, specifying the nature of
the dispute; and
(ii) the Governor of the Pueblo or
the Regional Forester shall attempt to
resolve the dispute for a period of at
least 30 days after notice has been
provided before bringing a civil action
in the United States District Court for
the District of New Mexico.
(B) Disputes requiring immediate
resolution.--In the case of a conflict that
requires immediate resolution to avoid
imminent, substantial, and irreparable harm--
(i) the party identifying the
conflict shall notify the other party
and seek to resolve the dispute within
3 days of the date of notification; and
(ii) if the parties are unable to
resolve the dispute within 3 days--
(I) either party may bring
a civil action for immediate
relief in the United States
District Court for the District
of New Mexico; and
(II) the procedural
requirements specified in
subparagraph (A) shall not
apply.
SEC. 408. JURISDICTION OVER THE AREA.
(a) Criminal Jurisdiction.--
(1) In general.--Notwithstanding any other
provision of law, jurisdiction over crimes committed in
the Area shall be allocated as provided in this
paragraph.
(2) Jurisdiction of the pueblo.--The Pueblo shall
have jurisdiction over an offense committed by a member
of the Pueblo or of another federally-recognized Indian
tribe who is present in the Area with the permission of
the Pueblo under section 405(a)(4).
(3) Jurisdiction of the united states.--The United
States shall have jurisdiction over--
(A) an offense described in section 1153 of
title 18, United States Code, committed by a
member of the Pueblo or another federally-
recognized Indian tribe;
(B) an offense committed by any person in
violation of the laws (including regulations)
pertaining to the protection and management of
national forests;
(C) enforcement of Federal criminal laws of
general applicability; and
(D) any other offense committed by a member
of the Pueblo against a person not a member of
the Pueblo.
(4) Jurisdiction of the state of new mexico.--The
State of New Mexico shall have jurisdiction over an
offense under the law of the State committed by a
person not a member of the Pueblo.
(5) Overlapping jurisdiction.--To the extent that
the respective allocations of jurisdiction over the
Area under paragraphs (2), (3), and (4) overlap, the
governments shall have concurrent jurisdiction.
(6) Federal use of state law.--Under the
jurisdiction of the United States described in
paragraph (3)(D), Federal law shall incorporate any
offense defined and punishable under State law that is
not so defined under Federal law.
(b) Civil Jurisdiction.--
(1) In general.--Except as provided in paragraphs
(2) and (3), the United States, the State of New
Mexico, and local public bodies shall have the same
civil adjudicatory, regulatory, and taxing jurisdiction
over the Area as was exercised by those entities on the
day before the date of enactment of this Act.
(2) Jurisdiction of the pueblo.--
(A) In general.--The Pueblo shall have
exclusive civil adjudicatory jurisdiction
over--
(i) a dispute involving only
members of the Pueblo;
(ii) a civil action brought by the
Pueblo against a member of the Pueblo;
and
(iii) a civil action brought by the
Pueblo against a member of another
federally-recognized Indian tribe for a
violation of an understanding between
the Pueblo and the other tribe
regarding use of or access to the Area
for traditional or cultural uses.
(B) Regulatory jurisdiction.--The Pueblo
shall have no regulatory jurisdiction over the
Area, except that the Pueblo shall have
exclusive authority to--
(i) regulate traditional or
cultural uses by the members of the
Pueblo and administer access to the
Area by other federally-recognized
Indian tribes for traditionalor
cultural uses, to the extent such regulation is consistent with this
title; and
(ii) regulate hunting and trapping
in the Area by members of the Pueblo,
to the extent that the hunting or
trapping is related to traditional or
cultural uses, except that such hunting
and trapping outside of that portion of
the Area in sections 13, 14, 23, 24,
and the northeast quarter of section 25
of T12N, R4E, and section 19 of T12N,
R5E, N.M.P.M., Sandoval County, New
Mexico, shall be regulated by the
Pueblo in a manner consistent with the
regulations of the State of New Mexico
concerning types of weapons and
proximity of hunting and trapping to
trails and residences.
(C) Taxing jurisdiction.--The Pueblo shall
have no authority to impose taxes within the
Area.
(3) State and local taxing jurisdiction.--The State
of New Mexico and local public bodies shall have no
authority within the Area to tax the uses or the
property of the Pueblo, members of the Pueblo, or
members of other federally-recognized Indian tribes
authorized to use the Area under section 405(a)(4).
SEC. 409. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.
(a) Subdivisions.--
(1) In general.--The subdivisions are excluded from
the Area.
(2) Jurisdiction.--
(A) In general.--The Pueblo shall have no
civil or criminal jurisdiction for any purpose,
including adjudicatory, taxing, zoning,
regulatory or any other form of jurisdiction,
over the subdivisions and property interests
therein, and the laws of the Pueblo shall not
apply to the subdivisions.
(B) State jurisdiction.--The jurisdiction
of the State of New Mexico and local public
bodies over the subdivisions and property
interests therein shall continue in effect,
except that on application of the Pueblo a
tract comprised of approximately 35 contiguous,
nonsubdivided acres in the northern section of
Evergreen Hills owned in fee by the Pueblo at
the time of enactment of this Act, shall be
transferred to the United States and held in
trust for the Pueblo by the United States and
administered by the Secretary of the Interior.
(3) Limitations on trust land.--Trust land
described in paragraph (2)(B) shall be subject to all
limitations on use pertaining to the Area contained in
this title.
(b) Piedra Lisa.--
(1) In general.--The Piedra Lisa tract is excluded
from the Area.
(2) Declaration of trust title.--The Piedra Lisa
tract--
(A) shall be transferred to the United
States;
(B) is declared to be held in trust for the
Pueblo by the United States; and
(C) shall be administered by the Secretary
of the Interior subject to all limitations on
use pertaining to the Area contained in this
title.
(3) Applicability of certain restriction.--The
restriction contained in section 406(a)(4) shall not
apply outside of Forest Service System trails.
(c) Crest Facilities.--
(1) In general.--The land on which the crest
facilities are located is excluded from the Area.
(2) Jurisdiction.--The Pueblo shall have no civil
or criminal jurisdiction for any purpose, including
adjudicatory, taxing, zoning, regulatory or any other
form of jurisdiction, over the land on which the crest
facilities are located and property interests therein,
and the laws of the Pueblo, shall not apply to that
land. The preexisting jurisdictional status of that
land shall continue in effect.
(d) Special Use Permit Area.--
(1) In general.--The land described in the special
use permit is excluded from the Area.
(2) Jurisdiction.--
(A) In general.--The Pueblo shall have no
civil or criminal jurisdiction for any purpose,
including adjudicatory, taxing, zoning,
regulatory, or any other form of jurisdiction,
over the land described in the special use
permit, and the laws of the Pueblo shall not
apply to that land.
(B) Preexisting status.--The preexisting
jurisdictional status of that land shall
continue in effect.
(3) Amendment to plan.--In the event the special
use permit, during its existing term or any future
terms or extensions, requires amendment to include
other land in the Area necessary to realign the
existing or any future replacement tram line,
associated structures, or facilities, the land subject
to that amendment shall thereafter be excluded from the
Area and shall have the same status under this title as
the land currently described in the special use permit.
(4) Land dedicated to aerial tramway and related
uses.--Any land dedicated to aerial tramway and related
uses and associated facilities that are excluded from
the special use permit through expiration, termination
or the amendment process shall thereafter be included
in the Area, but only after final agency action no
longer subject to any appeals.
(e) La Luz Tract.--
(1) In general.--The La Luz tract now owned in fee
by the Pueblo is excluded from the Area and, on
application by the Pueblo, shall be transferred to the
United States and held in trust for the Pueblo by the
United States and administered by the Secretary of the
Interior subject to all limitations on use pertaining
to the Area contained in this title.
(2) Nonapplicability of certain restriction.--The
restriction contained in section 406(a)(4) shall not
apply outside of Forest Service System trails.
(f) Evergreen Hills Access.--The Secretary shall ensure
that Forest Service Road 333D, as depicted on the map, is
maintained in an adequate condition in accordance with section
1323(a) of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3210(a)).
(g) Pueblo Fee Land.--Those properties not specifically
addressed in subsections (a) or (e) that are owned in fee by
the Pueblo within the subdivisions are excluded from the Area
and shall be subject to the jurisdictional provisions of
subsection (a).
(h) Rights-of-Way.--
(1) Road rights-of-way.--
(A) In general.--In accordance with the
Pueblo having given its consent in the
Settlement Agreement, the Secretary of the
Interior shall grant to the County of
Bernalillo, New Mexico, in perpetuity, the
following irrevocable rights-of-way for roads
identified on the map in order to provide for
public access to the subdivisions, the special
use permit land and facilities, the other
leasehold and easement rights and interests of
the Sandia Peak Tram Company and its
affiliates, the Sandia Heights South
Subdivision, and the Area--
(i) a right-of-way for Tramway
Road;
(ii) a right-of-way for Juniper
Hill Road North;
(iii) a right-of-way for Juniper
Hill Road South;
(iv) a right-of-way for Sandia
Heights Road; and
(v) a right-of-way for Juan Tabo
Canyon Road (Forest Road No. 333).
(B) Conditions.--The road rights-of-way
shall be subject to the following conditions:
(i) Such rights-of-way may not be
expanded or otherwise modified without
the Pueblo's written consent, but road
maintenance to the rights-of-way shall
not be subject to Pueblo consent.
(ii) The rights-of-way shall not
authorize uses for any purpose other
than roads without the Pueblo's written
consent.
(iii) Except as provided in the
Settlement Agreement, existing rights-
of-way or leasehold interests and
obligations held by the Sandia Peak
Tram Company and its affiliates, shall
be preserved, protected, and unaffected
by this title.
(2) Utility rights-of-way.--In accordance with the
Pueblo having given its consent in the Settlement
Agreement, the Secretary of the Interior shall grant
irrevocable utility rights-of-way in perpetuity across
Pueblo land to appropriate utility or other service
providers serving Sandia Heights Addition, Sandia
Heights North Units I, II, and 3, the special use
permit land, Tierra Monte, and Valley View Acres,
including rights-of-way for natural gas, power, water,
telecommunications, and cable television services. Such
rights-of-way shall be within existing utility
corridors as depicted on the map or, for certain water
lines, as described in the existing grant of easement
to the Sandia Peak Utility Company: Provided, That use
of water line easements outside the utility corridors
depicted on the map shall not be used for utility
purposes other than water lines and associated
facilities. Except where above-ground facilities
already exist, all new utility facilities shall be
installed underground unless the Pueblo agrees
otherwise. To the extent that enlargement of existing
utility corridors is required for any technologically-
advanced telecommunication, television, or utility
services, the Pueblo shall not unreasonably withhold
agreement to a reasonable enlargement of the easements
described above.
(3) Forest service rights-of-way.--In accordance
with the Pueblo having given its consent in the
Settlement Agreement, the Secretary of the Interior
shall grant to the Forest Service the following
irrevocable rights-of-way in perpetuity for Forest
Service trails crossing land of the Pueblo in order to
provide for public access to the Area and through
Pueblo land--
(A) a right-of-way for a portion of the
Crest Spur Trail (Trail No. 84), crossing a
portion of the La Luz tract, as identified on
the map;
(B) a right-of-way for the extension of the
Foothills Trail (Trail No. 365A), as identified
on the map; and
(C) a right-of-way for that portion of the
Piedra Lisa North-South Trail (Trail No. 135)
crossing the Piedra Lisa tract.
SEC. 410. EXTINGUISHMENT OF CLAIMS.
(a) In General.--Except for the rights and interests in and
to the Area specifically recognized in sections 404, 405, 407,
408, and 409, all Pueblo claims to right, title and interest of
any kind, including aboriginal claims, in and to land within
the Area, any part thereof, and property interests therein, as
well as related boundary, survey, trespass, and monetary damage
claims, are permanently extinguished. The United States' title
to the Area is confirmed.
(b) Subdivisions.--Any Pueblo claims to right, title and
interest of any kind, including aboriginal claims, in and to
the subdivisions and property interests therein (except for
land owned in fee by the Pueblo as of the date of enactment of
this Act), as well as related boundary, survey, trespass, and
monetary damage claims, are permanently extinguished.
(c) Special Use and Crest Facilities Areas.--Any Pueblo
right, title and interest of any kind, including aboriginal
claims, and related boundary, survey, trespass, and monetary
damage claims, are permanently extinguished in and to--
(1) the land described in the special use permit;
and
(2) the land on which the crest facilities are
located.
(d) Pueblo Agreement.--As provided in the Settlement
Agreement, the Pueblo has agreed to the relinquishment and
extinguishment of those claims, rights, titles and interests
extinguished pursuant to subsection (a), (b) and (c).
(e) Consideration.--The recognition of the Pueblo's rights
and interests in this title constitutes adequate consideration
for the Pueblo's agreement to the extinguishment of the
Pueblo's claims in this section and the right-of-way grants
contained in section 409, and it is the intent of Congress that
those rights and interests may only be diminished by a future
Act of Congress specifically authorizing diminishment of such
rights, with express reference to this title.
SEC. 411. CONSTRUCTION.
(a) Strict Construction.--This title recognizes only
enumerated rights and interests, and no additional rights,
interests, obligations, or duties shall be created by
implication.
(b) Existing Rights.--To the extent there exist within the
Area as of the date of enactment of this Act any valid private
property rights associated with private land that are not
otherwise addressed in this title, such rights are not modified
or otherwise affected by this title, nor is the exercise of any
such right subject to the Pueblo's right to withhold consent to
new uses in the Area as set forth in section 405(a)(3)(A).
(c) Not Precedent.--The provisions of this title creating
certain rights and interests in the National Forest System are
uniquely suited to resolve the Pueblo's claim and the
geographic and societal situation involved, and shall not be
construed as precedent for any other situation involving
management of the National Forest System.
(d) Fish and Wildlife.--Except as provided in section
408(b)(2)(B), nothing in this title shall be construed as
affecting the responsibilities of the State of New Mexico with
respect to fish and wildlife, including the regulation of
hunting, fishing, or trapping within the Area.
(e) Federal Land Policy and Management Act.--Section 316 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1746) is amended by adding at the end the following: ``Any
corrections authorized by this section which affect the
boundaries of, or jurisdiction over, land administered by
another Federal agency shall be made only after consultation
with, and the approval of, the head of such other agency.''
SEC. 412. JUDICIAL REVIEW.
(a) Enforcement.--A civil action to enforce the provisions
of this title may be brought to the extent permitted under
chapter 7 of title 5, United States Code. Judicial review shall
be based on the administrative record and subject to the
applicable standard of review set forth in section 706 of title
5, United States Code.
(b) Waiver.--A civil action may be brought against the
Pueblo for declaratory judgment or injunctive relief under this
title, but no money damages, including costs or attorney's
fees, may be imposed on the Pueblo as a result of such judicial
action.
(c) Venue.--Venue for any civil action provided for in this
section, as well as any civil action to contest the
constitutionality of this title, shall lie only in the United
States District Court for the District of New Mexico.
SEC. 413. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND EXCHANGE.
(a) Contributions.--
(1) In general.--The Secretary may accept
contributions from the Pueblo, or from other persons or
governmental entities--
(A) to perform and complete a survey of the
Area; or
(B) to carry out any other project or
activity for the benefit of the Area in
accordance with this title.
(2) Deadline.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall complete
the survey of the Area under paragraph (1)(A).
(b) Land Exchange.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, after consultation with
the Pueblo, the Secretary shall, in accordance with
applicable laws, prepare and offer a land exchange of
National Forest land outside the Area and contiguous to
the northern boundary of the Pueblo's Reservation
within sections 10, 11, and 14 of T12N, R4E, N.M.P.M.,
Sandoval County, New Mexico, excluding wilderness land,
for land owned by the Pueblo in the Evergreen Hills
subdivision in Sandoval County contiguous to National
Forest land, and the La Luz tract in Bernalillo County.
(2) Acceptance of payment.--Notwithstanding section
206(b) of the Federal Land Policy and Management Act
(43 U.S.C. 1716(b)), the Secretary may either make or
accept a cash equalization payment in excess of 25
percent of the total value of the land or interests
transferred out of Federal ownership.
(3) Funds received.--Any funds received by the
Secretary as a result of the exchange shall be
deposited in the fund established under the Act of
December 4, 1967, known as the Sisk Act (16 U.S.C.
484a), and shall be available to purchase non-Federal
land within or adjacent to the National Forests in the
State of New Mexico.
(4) Treatment of land exchanged or conveyed.--All
land exchanged or conveyed to the Pueblo is declared to
be held in trust for the Pueblo by the United States
and added to the Pueblo's Reservation subject to all
existing and outstanding rights and shall remain in its
natural state and shall not be subject to commercial
development of any kind. Land exchanged or conveyed to
the Forest Service shall be subject to all limitations
on use pertaining to the Area under this title.
(5) Failure to make offer.--If the land exchange
offer is not made by the date that is 180 days after
the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources
of the United States Senate and the Committee on
Resources of the United States House of
Representatives, a report explaining the reasons for
the failure to make the offer including an assessment
of the need for any additional legislation that may be
necessary for the exchange. If additional legislation
is not necessary, the Secretary, consistent with this
section, should proceed with the exchange pursuant to
existing law.
(c) Land Acquisition and Other Compensation.--
(1) In general.--The Secretary may acquire land
owned by the Pueblo within the Evergreen Hills
Subdivision in Sandoval County or any other privately
held land inside of the exterior boundaries of the
Area. The boundaries of the Cibola National Forest and
the Area shall be adjusted to encompass any land
acquired pursuant to this section.
(2) Piedra lisa tract.--Subject to the availability
of appropriations, the Secretary shall compensate the
Pueblo for the fair market value of--
(A) the right-of-way established pursuant
to section 409(h)(3)(C); and
(B) the conservation easement established
by the limitations on use of the Piedra Lisa
tract pursuant to section 409(b)(2).
(d) Reimbursement of Certain Costs.--
(1) In general.--The Pueblo, the County of
Bernalillo, New Mexico, and any person that owns or has
owned property inside of the exterior boundaries of the
Area as designated on the map, and who has incurred
actual and direct costs as a result of participating in
the case of Pueblo of Sandia v. Babbitt, Civ. No. 94-
2624 HHG (D.D.C.), or other proceedings directly
related to resolving the issues litigated in that case,
may apply for reimbursement in accordance with this
section. Costs directly related to such participation
which shall qualify for reimbursement shall be--
(A) dues or payments to a homeowner
association for the purpose of legal
representation; and
(B) legal fees and related expenses.
(2) Treatment of reimbursement.--Any reimbursement
provided in this subsection shall be in lieu of that
which might otherwise be available pursuant to the
Equal Access to Justice Act (24 U.S.C. 2412).
(3) Payments.--Subject to the availability of
appropriated funds the Secretary of the Treasury shall
make reimbursement payments as provided in this
section.
(4) Applications.--Not later than 180 days after
the date of enactment of this Act, applications for
reimbursement shall be filed with the Department of the
Treasury, Financial Management Service, Washington,
D.C.
(5) Maximum reimbursement.--No party shall be
reimbursed in excess of $750,000 under this section,
and the total amount reimbursed in accordance with this
section shall not exceed $3,000,000.
SEC. 414. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title, including such sums as are
necessary for the Forest Service to carry out responsibilities
of the Forest Service in accordance with section 413(c).
SEC. 415. EFFECTIVE DATE.
The provisions of this title shall take effect immediately
on enactment of this Act.
TITLE V--NATIONAL FOREST ORGANIZATIONAL CAMP FEE IMPROVEMENT ACT OF
2003
SECTION 501. SHORT TITLE.
This title may be cited as the ``National Forest
Organizational Camp Fee Improvement Act of 2003''.
SEC. 502. FINDINGS, PURPOSE, AND DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) Organizational camps, such as those
administered by the Boy Scouts, Girl Scouts, and faith-
based and community-based organizations, provide a
valuable service to young people, individuals with a
disability, and their families by promoting physical,
mental, and spiritual health through activities
conducted in a natural environment.
(2) The 192,000,0000 acres of national forests and
grasslands of the National Forest System managed for
multiple uses by the Forest Service provide an ideal
setting for such organizational camps.
(3) The Federal Government should charge land use
fees for the occupancy and use of National Forest
System lands by such organizational camps that, while
based on the fair market value of the land in use, also
recognize the benefits provided to society by such
organizational camps, do not preclude the ability of
such organizational camps from utilizing these lands,
and permit capital investment in, and maintenance of,
camp facilities by such organizational camps or their
sponsoring organizations.
(4) Organizational camps should--
(A) ensure that their facilities meet
applicable building and safety codes, including
fire and health codes;
(B) have annual inspections as required by
local law, including at a minimum inspections
for fire and food safety; and
(C) have in place safety plans that address
fire and medical emergencies and encounters
with wildlife.
(b) Purpose.--It is the purpose of this Act to establish a
land use fee system that provides for an equitable return to
the Federal Government for the occupancy and use of National
Forest System lands by organizational camps that serve young
people or individuals with a disability.
(c) Definitions.--In this Act:
(1) The term ``organizational camp'' means a public
or semipublic camp that--
(A) is developed on National Forest System
lands by a nonprofit organization or
governmental entity;
(B) provides a valuable service to the
public by using such lands as a setting to
introduce young people or individuals with a
disability to activities that they may not
otherwise experience and to educate them on
natural resource issues; and
(C) does not have as its primary purpose
raising revenue through commercial activities.
(2) The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest
Service.
(3) The term ``individual with a disability'' has
the meaning given the term in section 7(20) of the
Rehabilitation Act of 1973 (29 U.S.C. 705(20)).
(4) The term ``children at risk'' means children
who are raised in poverty or in single-parent homes or
are subject to such circumstances as parental drug
abuse, homelessness, or child abuse.
(5) The term ``change in control'' means--
(A) for a corporation, the sale or transfer
of a controlling interest in the corporation;
(B) for a partnership or limited liability
company, the sale or transfer of a controlling
interest in the partnership or limited
liability company; and
(C) for an individual, the sale or transfer
of an organizational camp subject to this Act
to another party.
SEC. 503. FEES FOR OCCUPANCY AND USE OF NATIONAL FOREST SYSTEM LANDS
AND FACILITIES BY ORGANIZATIONAL CAMPS.
(a) Land Use Fee.--
(1) Percentage of land value.--The Secretary shall
charge an annual land use fee for each organizational
camp for its occupancy and use of National Forest
System lands equal to five percent of the product of
the following:
(A) The total number of acres of National
Forest System lands authorized for the
organizational camp.
(B) The estimated per-acre market value of
land and buildings in the county where the camp
is located, as reported in the most recent
Census of Agriculture conducted by the National
Agricultural Statistics Service.
(2) Annual adjustment.--The land use fee determined
under paragraph (1) for an organizational camp shall be
adjusted annually by the annual compounded rate of
change between the two most recent Censuses of
Agriculture.
(3) Reduction in fees.--
(A) Type of participants.--The Secretary
shall reduce the land use fee determined under
paragraph (1) proportionate to the number of
individuals with a disability and children at
risk who annually attend the organizational
camp.
(B) Type of programs.--After making the
reduction required by subparagraph (A), the
Secretary shall reduce the remaining land use
fee amount by up to 60 percent, proportionate
to the number of persons who annually attend
the organizational camp who participate in
youth programs through organized and supervised
social, citizenship, character-building, or
faith-based activities oriented to outdoor-
recreation experiences.
(C) Relation to minimum fee.--The
reductions made under this paragraph may not
reduce the land use fee for an organizational
camp below the minimum land use fee required to
be charged under paragraph (4).
(D) Special considerations.--For purposes
of determining the amount of the land use fee
reduction required under subparagraph (A) or
(B), the Secretary may not take into
consideration the existence of sponsorships or
scholarships to assist persons in attending the
organizational camp.
(4) Minimum land use fee.--The Secretary shall
charge a minimum land use fee under paragraph (1) that
represents, on average, the Secretary's cost annually
to administer an organizational camp special use
authorization in the National Forest Region in which
the organizational camp is located. Notwithstanding
paragraph (3) or subsection (d), the minimum land use
fee shall not be subject to a reduction or waiver.
(b) Facility Use Fee.--
(1) Percentage of facilities value.--If an
organizational camp uses a Government-owned facility on
National Forest System lands pursuant to section 7 of
the Act of April 24, 1950 (commonly known as the
Granger-Thye Act; 16 U.S.C. 580d), the Secretary shall
charge, in addition to the land use fee imposed under
subsection (a), a facility use fee equal to five
percent of the value of the authorized facilities, as
determined by the Secretary.
(2) Reduction in fees prohibited.--Notwithstanding
subsection (d), the facility use fees determined under
paragraph (1) shall not be subject to a reduction or
waiver.
(c) Fee Related to Receipt of Other Revenues.--If an
organizational camp derives revenue from the use of National
Forest System lands or authorized facilities described in
subsection (b) for purposes other than to introduce young
people or individuals with a disability to activities that they
may not otherwise experience and to educate them on natural
resource issues, the Secretary shall charge, in addition to the
land use fee imposed under subsection (a) and the facility use
fee imposed under subsection (b), an additional fee equal to
five percent of that revenue.
(d) Work-In-Lieu Program.--Subject to subsections (a)(4)
and (b)(2), section 3 of the Federal Timber Contract Payment
Modification Act (16 U.S.C. 539f) shall apply to the use fees
imposed under this section.
SEC. 504. IMPLEMENTATION.
(a) Prompt Implementation.--The Secretary shall issue
direction regarding implementation of this Act by interim
directive within 180 days after the date of the enactment of
this Act. The Secretary shall implement this Act beginning with
the first billing cycle for organizational camp special use
authorizations occurring more than 180 days after the date of
the enactment of this Act.
(b) Phase-In of Use Fee Increases.--In issuing any
direction regarding implementation of this Act under subsection
(a), the Secretary shall consider whether to phase-in any
significant increases in annual land or facility use fees for
organizational camps.
SEC. 505. RELATIONSHIP TO OTHER LAWS.
Except as specifically provided by this Act, nothing in
this Act supersedes or otherwise affects any provision of law,
regulation, or policy regarding the issuance or administration
of authorizations for organizational camps regarding the
occupancy and use of National Forest System lands.
SEC. 506. DEPOSIT AND EXPENDITURE OF USE FEES.
(a) Deposit and Availability.--Unless subject to section 7
of the Act of April 24, 1950 (commonly known as the Granger-
Thye Act; 16 U.S.C. 580d), use fees collected by the Secretary
under this Act shall be deposited in a special account in the
Treasury and shall remain available to the Secretary for
expenditure, without further appropriation until expended, for
the purposes described in subsection (c).
(b) Transfer.--Upon request of the Secretary, the Secretary
of the Treasury shall transfer to the Secretary from the
special account such amounts as the Secretary may request. The
Secretary shall accept and use such amounts in accordance with
subsection (c).
(c) Use.--Use fees deposited pursuant to subsection (a) and
transferred to the Secretary under subsection (b) shall be
expended for monitoring of Forest Service special use
authorizations, administration of the Forest Service's special
program, interpretive programs, environmental analysis,
environmental restoration, and similar purposes.
SEC. 507. MINISTERIAL ISSUANCE, OR AMENDMENT AUTHORIZATION.
(a) NEPA Exception.--The ministerial issuance or amendment
of an organizational camp special use authorization shall not
be subject to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(b) Rule of Construction.--For purposes of subsection (a),
the ministerial issuance or amendment of an authorization
occurs only when the issuance or amendment of the authorization
would not change the physical environment or the activities,
facilities, or program of the operations governed by the
authorization, and at least one of the following apply:
(1) The authorization is issued upon a change in
control of the holder of an existing authorization.
(2) The holder, upon expiration of an
authorization, is issued a new authorization.
(3) The authorization is amended--
(A) to effectuate administrative changes,
such as modification of the land use fee or
conversion to a new special use authorization
form; or
(B) to include nondiscretionary
environmental standards or to conform with
current law.
This division may be cited as the ``Department of the
Interior and Related Agencies Appropriations Act, 2003''.
DIVISION G--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS, 2003
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments of
Labor, Health and Human Services, and Education, and related
agencies for the fiscal year ending September 30, 2003, and for
other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Investment Act of
1998, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of buildings
and other facilities, and the purchase of real property for
training centers as authorized by the Workforce Investment Act
of 1998 and the Women in Apprenticeship and Nontraditional
Occupations Act; and the National Skill Standards Act of 1994;
$2,755,070,000 plus reimbursements, of which $1,651,055,000 is
available for obligation for the period July 1, 2003 through
June 30, 2004; of which $1,045,465,000 is available for
obligation for the period April 1, 2003 through June 30, 2004,
including $1,000,965,000 to carry out chapter 4 of the
Workforce Investment Act of 1998 and $44,500,000 to carry out
section 169 of such Act; of which $30,000,000 is available on
October 1, 2002 until expended to carry out section
173(a)(4)(A) of the Workforce Investment Act of 1998; and of
which $27,550,000 is available for the period July 1, 2003
through June 30, 2006 for necessary expenses of construction,
rehabilitation, and acquisition of Job Corps centers: Provided,
That notwithstanding any other provision of law, of the funds
provided herein under section 137(c) of the Workforce
Investment Act of 1998, $306,608,000 shall be for activities
described in section 132(a)(2)(A) of such Act and
$1,157,162,000 shall be for activities described in section
132(a)(2)(B) of such Act: Provided further, That $9,098,000
shall be for carrying out section 172 of the Workforce
Investment Act of 1998: Provided further, That, notwithstanding
any other provision of law or related regulation, $77,836,000
shall be for carrying out section 167 of the Workforce
Investment Act of 1998, including $72,686,000 for formula
grants, $4,640,000 for migrant and seasonal housing, and
$510,000 for other discretionary purposes: Provided further,
That notwithstanding the transfer limitation under section
133(b)(4) of the Workforce Investment Act of 1998, up to 30
percent of such funds may be transferred by a local board if
approved by the Governor: Provided further, That funds provided
to carry out section 171(d) of the Workforce Investment Act of
1998 may be used for demonstration projects that provide
assistance to new entrants in the workforce and incumbent
workers: Provided further, That funding provided to carry out
projects under section 171 of the Workforce Investment Act of
1998 that are identified in the Conference Agreement, shall not
be subject to the requirements of section 171(b)(2)(B) of such
Act, the requirements of section 171(c)(4)(D) of such Act, or
the joint funding requirements of sections 171(b)(2)(A) and
171(c)(4)(A) of such Act: Provided further, That no funds from
any other appropriation shall be used to provide meal services
at or for Job Corps centers.
For necessary expenses of the Workforce Investment Act of
1998, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of buildings
and other facilities, and the purchase of real property for
training centers as authorized by the Workforce Investment Act
of 1998; $2,463,000,000 plus reimbursements, of which
$2,363,000,000 is available for obligation for the period
October 1, 2003 through June 30, 2004, and of which
$100,000,000 is available for the period October 1, 2003
through June 30, 2006, for necessary expenses of construction,
rehabilitation, and acquisition of Job Corps centers.
Of the funds provided under this heading in Public Law 107-
116 for the Employment and Training Administration, funding
shall be restored to the prior grantee, no later than March 28,
2003, for a period of performance of twenty-four months at an
annualized level equivalent to fiscal year 2000 funding levels,
for the following grants: Building a High Skills Workforce
Development System, Building a High Skills Cities/Counties
Consortium, and Increasing Academic and Employability Skills:
Applying New Standards in Job Corps Centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of 1965, as
amended, $445,200,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I; and
for training, allowances for job search and relocation, and
related State administrative expenses under part II,
subchapters B and D, chapter 2, title II of the Trade Act of
1974, as amended, $972,200,000, together with such amounts as
may be necessary to be charged to the subsequent appropriation
for payments for any period subsequent to September 15 of the
current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
For authorized administrative expenses, $143,452,000,
together with not to exceed $3,475,451,000 (including not to
exceed $1,228,000 which may be used for amortization payments
to States which had independent retirement plans in their State
employment service agencies prior to 1980), which may be
expended from the Employment Security Administration Account in
the Unemployment Trust Fund including the cost of administering
section 51 of the Internal Revenue Code of 1986, as amended,
section 7(d) of the Wagner-Peyser Act, as amended, the Trade
Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the
sums available in the allocation for activities authorized by
title III of the Social Security Act, as amended (42 U.S.C.
502-504), and the sums available in the allocation for
necessary administrative expenses for carrying out 5 U.S.C.
8501-8523, shall be available for obligation by the States
through December 31, 2003, except that funds used for
automation acquisitions shall be available for obligation by
the States through September 30, 2005; ofwhich $143,452,000,
together with not to exceed $773,283,000 of the amount which may be
expended from said trust fund, shall be available for obligation for
the period July 1, 2003 through June 30, 2004, to fund activities under
the Act of June 6, 1933, as amended, including the cost of penalty mail
authorized under 39 U.S.C. 3202(a)(1)(E) made available to States in
lieu of allotments for such purpose: Provided, That to the extent that
the Average Weekly Insured Unemployment (AWIU) for fiscal year 2003 is
projected by the Department of Labor to exceed 4,526,000, an additional
$28,600,000 shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) from the Employment Security
Administration Account of the Unemployment Trust Fund: Provided
further, That funds appropriated in this Act which are used to
establish a national one-stop career center system, or which are used
to support the national activities of the Federal-State unemployment
insurance programs, may be obligated in contracts, grants or agreements
with non-State entities: Provided further, That funds appropriated
under this Act for activities authorized under the Wagner-Peyser Act,
as amended, and title III of the Social Security Act, may be used by
the States to fund integrated Employment Service and Unemployment
Insurance automation efforts, notwithstanding cost allocation
principles prescribed under Office of Management and Budget Circular A-
87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, as amended, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1954, as amended; and for nonrepayable advances to the
Unemployment Trust Fund as authorized by section 8509 of title
5, United States Code, and to the ``Federal unemployment
benefits and allowances'' account, to remain available until
September 30, 2004, $463,000,000.
In addition, for making repayable advances to the Black
Lung Disability Trust Fund in the current fiscal year after
September 15, 2003, for costs incurred by the Black Lung
Disability Trust Fund in the current fiscal year, such sums as
may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and training
programs, $121,424,000, including $4,711,000 to administer
welfare-to-work grants, together with not to exceed
$54,228,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
Pension and Welfare Benefits Administration
SALARIES AND EXPENSES
For necessary expenses for the Pension and Welfare Benefits
Administration, $117,044,000.
Pension Benefit Guaranty Corporation
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance
authorized by section 104 of Public Law 96-364, within limits
of funds and borrowing authority available to such Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended (31 U.S.C. 9104), as may be necessary in
carrying out the program through September 30, 2003, for such
Corporation: Provided, That not to exceed $13,050,000 shall be
available for administrative expenses of the Corporation:
Provided further, That expenses of such Corporation in
connection with the termination of pension plans, for the
acquisition, protection or management, and investment of trust
assets, and for benefits administration services shall be
considered as non-administrative expenses for the purposes
hereof, and excluded from the above limitation.
Employment Standards Administration
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and
local agencies and their employees for inspection services
rendered, $381,578,000, together with $2,029,000 which may be
expended from the Special Fund in accordance with sections
39(c), 44(d) and 44(j) of the Longshore and Harbor Workers'
Compensation Act: Provided, That $2,000,000 shall be for the
development of an alternative system for the electronic
submission of reports required to be filed under the Labor-
Management Reporting and Disclosure Act of 1959, as amended,
and for a computer database of the information for each
submission by whatever means, that is indexed and easily
searchable by the public via the Internet: Provided further,
That the Secretary of Labor is authorized to accept, retain,
and spend, until expended, in the name of the Department of
Labor, all sums of money ordered to be paid to the Secretary of
Labor, in accordance with the terms of the Consent Judgment in
Civil Action No. 91-0027 of the United States District Court
for the District of the Northern Mariana Islands (May 21,
1992): Provided further, That the Secretary of Labor is
authorized to establish and, in accordance with 31 U.S.C. 3302,
collect and deposit in the Treasury fees for processing
applications and issuing certificates under sections 11(d) and
14 of the Fair Labor Standards Act of 1938, as amended (29
U.S.C. 211(d) and 214) and for processing applications and
issuing registrations under title I of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by title 5, chapter 81 of the
United States Code; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees'
Compensation Commission Appropriation Act, 1944; sections 4(c)
and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012);
and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, as amended, $163,000,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
year: Provided, That amounts appropriated may be used under
section 8104 of title 5, United States Code, by the Secretary
of Labor to reimburse an employer, who is not the employer at
the time of injury, for portions of the salary of a reemployed,
disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2002, shall remain
available until expended for the payment of compensation,
benefits, and expenses: Provided further, That in addition
there shall be transferred to this appropriation from the
Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5,
United States Code, to pay an amount for its fair share of the
cost of administration, such sums as the Secretary determines
to be the cost of administration for employees of such fair
share entities through September 30, 2003: Provided further,
That of those funds transferred to this account from the fair
share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $37,657,000 shall be made
available to the Secretary as follows: (1) for the operation of
and enhancement to the automated data processing systems,
including document imaging and conversion to a paperless
office, $24,928,000; (2) for medical bill review and periodic
roll management, $12,027,000; (3) for communications redesign,
$702,000;and (4) the remaining funds shall be paid into the
Treasury as miscellaneous receipts: Provided further, That the
Secretary may require that any person filing a notice of injury or a
claim for benefits under chapter 81 of title 5, United States Code, or
33 U.S.C. 901 et seq., provide as part of such notice and claim, such
identifying information (including Social Security account number) as
such regulations may prescribe.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $104,867,000, to remain
available until expended: Provided, That the Secretary of Labor
is authorized to transfer to any Executive agency with
authority under the Energy Employees Occupational Illness
Compensation Act, including within the Department of Labor,
such sums as may be necessary in fiscal year 2003 to carry out
those authorities: Provided further, That the Secretary may
require that any person filing a claim for benefits under the
Act provide as part of such claim, such identifying information
(including Social Security account number) as may be
prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Beginning in fiscal year 2003 and thereafter, such sums as
may be necessary from the Black Lung Disability Trust Fund, to
remain available until expended, for payment of all benefits
authorized by section 9501(d)(1), (2), (4), and (7) of the
Internal Revenue Code of 1954, as amended; and interest on
advances, as authorized by section 9501(c)(2) of that Act. In
addition, the following amounts shall be available from the
Fund for fiscal year 2003 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): $31,987,000 for transfer to
the Employment Standards Administration, ``Salaries and
Expenses''; $22,952,000 for transfer to Departmental
Management, ``Salaries and Expenses''; $334,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
$356,000 for payments into miscellaneous receipts for the
expenses of the Department of the Treasury.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and
Health Administration, $453,256,000, including not to exceed
$91,139,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational Safety
and Health Act (the ``Act''), which grants shall be no less
than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by
the Secretary under section 18 of the Act; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $750,000 per fiscal year
of training institute course tuition fees, otherwise authorized
by law to be collected, and may utilize such sums for
occupational safety and health training and education grants:
Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary
of Labor is authorized, during the fiscal year ending September
30, 2003, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a,
to administer national and international laboratory recognition
programs that ensure the safety of equipment and products used
by workers in the workplace: Provided further, That none of the
funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer
of 10 or fewer employees who is included within a category
having an occupational injury lost workday case rate, at the
most precise Standard Industrial Classification Code for which
such data are published, less than the national average rate as
such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by such Act with
respect to imminent dangers;
(4) to take any action authorized by such Act with
respect to health hazards;
(5) to take any action authorized by such Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
such Act; and
(6) to take any action authorized by such Act with
respect to complaints of discrimination against
employees for exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does not
maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That not less than $3,200,000
shall be used to extend funding for the Institutional
Competency Building training grants which commenced in
September 2000, for program activities for the period of
September 30, 2003 to September 30, 2004, provided that a
grantee has demonstrated satisfactory performance.
Mine Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $274,741,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles,
including $3,000,000 for an award to the National Technology
Transfer Center for a coal slurry impoundment pilot project in
Southern West Virginia;including up to $2,000,000 for mine
rescue and recovery activities; and including $10,000,000 for
digitizing mine maps and developing technologies to detect mine voids,
through contracts, grants, or other arrangements, to remain available
until expended; in addition, not to exceed $750,000 may be collected by
the National Mine Health and Safety Academy for room, board, tuition,
and the sale of training materials, otherwise authorized by law to be
collected, to be available for mine safety and health education and
training activities, notwithstanding 31 U.S.C. 3302; and, in addition,
the Mine Safety and Health Administration may retain up to $1,000,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such sums
for such activities; the Secretary is authorized to accept lands,
buildings, equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health Administration
is authorized to promote health and safety education and training in
the mining community through cooperative programs with States,
industry, and safety associations; and any funds available to the
department may be used, with the approval of the Secretary, to provide
for the costs of mine rescue and survival operations in the event of a
major disaster.
Bureau of Labor Statistics
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$415,855,000, together with not to exceed $72,029,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund; and $2,570,000 which
shall be available for obligation for the period July 1, 2003
through September 30, 2003, for Occupational Employment
Statistics, and $5,000,000 to be used to fund the mass layoff
statistics program under section 15 of the Wagner-Peyser Act
(29 U.S.C. 49l-2).
Office of Disability Employment Policy
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $47,487,000.
Departmental Management
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including the
management or operation, through contracts, grants or other
arrangements of Departmental activities conducted by or through
the Bureau of International Labor Affairs, including bilateral
and multilateral technical assistance and other international
labor activities, of which the funds designated to carry out
bilateral assistance under the international child labor
initiative shall be available for obligation through September
30, 2004, and $55,000,000, for the acquisition of Departmental
information technology, architecture, infrastructure,
equipment, software and related needs which will be allocated
by the Department's Chief Information Officer in accordance
with the Department's capital investment management process to
assure a sound investment strategy; $390,069,000; together with
not to exceed $310,000, which may be expended from the
Employment Security Administration Account in the Unemployment
Trust Fund: Provided, That no funds made available by this Act
may be used by the Solicitor of Labor to participate in a
review in any United States court of appeals of any decision
made by the Benefits Review Board under section 21 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921)
where such participation is precluded by the decision of the
United States Supreme Court in Director, Office of Workers'
Compensation Programs v. NewportNews Shipbuilding, 115 S. Ct.
1278 (1995), notwithstanding any provisions to the contrary contained
in Rule 15 of the Federal Rules of Appellate Procedure: Provided
further, That no funds made available by this Act may be used by the
Secretary of Labor to review a decision under the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits Review Board for
more than 12 months: Provided further, That any such decision pending a
review by the Benefits Review Board for more than 1 year shall be
considered affirmed by the Benefits Review Board on the 1-year
anniversary of the filing of the appeal, and shall be considered the
final order of the Board for purposes of obtaining a review in the
United States courts of appeals: Provided further, That these
provisions shall not be applicable to the review or appeal of any
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et
seq.).
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $188,537,000 may be derived from the
Employment Security Administration Account in the Unemployment
Trust Fund to carry out the provisions of 38 U.S.C. 4100-4110A,
4212, 4214, and 4321-4327, and Public Law 103-353, and which
shall be available for obligation by the States through
December 31, 2003. To carry out the Stewart B. McKinney
Homeless Assistance Act and section 168 of the Workforce
Investment Act of 1998, $25,675,000, of which $7,425,000 shall
be available for obligation for the period July 1, 2003 through
June 30, 2004.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $56,659,000, together with not to
exceed $5,597,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(TRANSFER OF FUNDS)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for the
current fiscal year for the Department of Labor in this Act may
be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Committees of
both Houses of Congress are notified at least 15 days in
advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by forced
or indentured child labor in industries and host countries
already identified by the U.S. Department of Labor prior to
enactment of this Act.
Sec. 104. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the
Department of Labor to conduct job training of the local
workforce where Denali Commission projects will be constructed.
This title may be cited as the ``Department of Labor
Appropriations Act, 2003''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section 427(a)
of the Federal Coal Mine Health and Safety Act, title V
(including section 510), and sections 1128E and 1820 of the
Social Security Act, the Health Care Quality Improvement Act of
1986, as amended, the Native Hawaiian Health Care Act of 1988,
as amended, the Cardiac Arrest Survival Act of 2000, and the
Poison Control Center Enhancement and Awareness Act,
$6,472,630,000, of which $298,153,000 shall be available for
construction and renovation (including equipment) of health
care and other facilities, and of which $40,000,000 from
general revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the Medicare
rural hospital flexibility grants program under section 1820 of
such Act: Provided, That of the funds made available under this
heading, $250,000 shall be available until expended for
facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided further, That in addition to fees authorized
by section 427(b) of the Health Care Quality Improvement Act of
1986, fees shall be collected for the full disclosure of
information under the Act sufficient to recover the full costs
of operating the National Practitioner Data Bank, and shall
remain available until expended to carry out that Act: Provided
further, That fees collected for the full disclosure of
information under the ``Health Care Fraud and Abuse Data
Collection Program'', authorized by section 1128E(d)(2) of the
Social Security Act, shall be sufficient to recover the full
costs of operating the program, and shall remain available
until expended to carry out that Act: Provided further, That no
more than $40,000,000 is available for carrying out the
provisions of Public Law 104-73: Provided further, That of the
funds made available under this heading, $275,138,000 shall be
for the program under title X of the Public Health Service Act
to provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall
not be expended for any activity (including the publication or
distribution of literature) that in any way tends to promote
public support or opposition to any legislative proposal or
candidate for public office: Provided further, That
$719,000,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the Public Health Service
Act:Provided further, That of the amount provided under this heading,
$46,000 is available for Catholic Social Services, The Bridge, Wilkes
Barre, PA for abstinence education and related services, $500,000 is
available for CentraCare Health Foundation for administration, St.
Cloud, Minnesota, to increase the ability of educational institutions
to produce nurses in a region with high demand, $41,000 is available
for Chester County Health Department, Chester County Government
Services Center, West Chester, PA, for abstinence education and related
services, $105,000 is available for the City of Chester, Bureau of
Health, SABER Project, Chester, PA, for abstinence education and
related services, $86,000 is available for George Washington Carver
Community Center, Project A.C.E., Norristown, PA, for abstinence
education and related services, $51,000 is available for Heart Beat,
New Bloomfield, PA, for abstinence education and related services,
$79,000 is available for Keystone Central School District, Central
Mountain Middle School East, Lock Haven, PA, for abstinence education
and related services, $88,000 is available for Keystone Economic
Development Corporation, Johnstown, PA, for abstinence education and
related services, $92,000 is available for L.V.C.P.T.P., St. Luke's
Health Network, CHOICE program, Bethlehem, PA, for abstinence education
and related services, $74,000 is available for Lackawanna Trail School
District, Factoryville, PA, for abstinence education and related
services, $112,000 is available for LaSalle University, Philadelphia,
PA, for abstinence education and related services, $111,000 is
available for Mercy Hospital of Pittsburgh, Pittsburgh, PA, for
abstinence education and related services, $136,000 is available for
Neighborhood United Against Drugs, Philadelphia, PA, for abstinence
education and related services, $23,000 is available for New Brighton
School District, New Brighton, PA, for abstinence education and related
services, $1,250,000 is available for Northeastern Ohio Universities
College of Medicine, Rootstown, Ohio, for the Center for Leadership in
Public Health and Community Medicine, $72,000 is available for Nueva
Esperanza, Philadelphia, PA, for abstinence education and related
services, $72,000 is available for Partners in Family and Community
Development, Athens, PA, for abstinence education and related services,
$50,000 is available for Potter County Human Services, Roulette, PA,
for abstinence education and related services, $71,000 is available for
Rape and Victim Assistance Center of Schuykill County, Pottsville, PA,
for abstinence education and related services, $82,000 is available for
Real Commitment, Gettysburg, PA, for abstinence education and related
services, $101,000 is available for the School District of Lancaster,
Project IMPACT, Lancaster, PA, for abstinence education and related
services, $102,000 is available for the School District of
Philadelphia, Philadelphia, PA, for abstinence education and related
services, $700,000 is available for the Silver Ring Thing Program,
Sewickley, Pennsylvania, for expansion of a program promoting
abstinence, $74,000 is available for the Guidance Center, project
RAPPORT, Smethport, PA, for abstinence education and related services,
$109,000 is available for To Our Children's Future with Health, Inc.,
Philadelphia, PA, for abstinence education and related services,
$136,000 is available for Tressler Lutheran Services, Harrisburg, PA,
for abstinence education and related services, $84,000 is available for
Tuscarora Intermediate Unit, Mcveytown, PA, for abstinence education
and related services, $500,000 is available for the University of
Akron, Ohio, for a nursing study, $1,000,000 is available for the
University of Florida, Gainesville, Florida, for Consortium to Promote
Nursing Faculty, $300,000 is available for the University of Louisville
Research Foundation, Kentucky, to establish a Center for Cancer Nursing
Education and Research, $126,000 is available for the Urban Family
Council, Philadelphia, PA, for abstinence education and related
services, $41,000 is available for Venago County Area Vo-Tech, Oil
City, PA, for abstinence education and related services, $136,000 is
available for Washington Hospital Teen Outreach, Academy for Adolescent
Health, Washington, PA, for abstinence education and related services,
$300,000 is available for William Beaumont Hospital, Royal Oak,
Michigan, for the Beaumont Nurse Anesthesia Education Rural Initiative,
$136,000 is available for the Women's Care Center for Erie County,
Inc., Abstinence Advantage Program, Erie, PA, for abstinence education
and related services, $50,000 is available for York County, Human Life
Services, Inc., York, PA, for abstinence education and related
services, $95,000 is available for Community Ministries of the Lutheran
Home at Topton, Reading, PA, for abstinence education and related
services, $50,000 is available for Clarke College in Dubuque, IA, for
the planning of a community health center, $700,000 is available for
Clinical Pharmacy Training Program at University of Hawaii at Hilo,
$100,000 is available for Family Voices of Iowa in the ASK Resource
Center, Des Moines, IA, to continue and expand the Family Health
Information Center, $1,000,000 is available for Iowa Dept of Public
Health to continue the Center for Healthcare Workforce Shortages,
$350,000 is available for National Healthy Start Association,
Baltimore, Maryland, to gather and disseminate information on best
practices under the Healthy Start program and provide technical
assistance to Healthy Start grantees, $125,000 is available for the
Tulsa Coalition for Children's Health in Tulsa, Oklahoma for a study
regarding delivery of pediatric health care in northeastern Oklahoma,
and $50,000 is available for Waianae Coast Community Health Center
leadership training:Provided further, That notwithstanding section
502(a)(1) of the Social Security Act, not to exceed $115,900,000 is
available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act, of which
$500,000 is available for the City of Milwaukee Health Department for a
pilot program providing health services to at-risk children in day care
and $10,000 is available for the Dane County Neighborhood Child Health
Clinic in Madison, Wisconsin to provide child dental services: Provided
further, That in addition to amounts provided herein, $25,000,000 shall
be available from amounts available under section 241 of the Public
Health Service Act to carry out Parts A, B, C, and D of Title XXVI of
the Public Health Service Act to fund section 2691 Special Projects of
National Significance: Provided further, That $55,000,000 is available
for special projects of regional and national significance under
section 501(a)(2) of the Social Security Act, which shall not be
counted toward compliance with the allocation required in section
502(a)(1) of such Act, and which shall be used only for making
competitive grants to provide abstinence education (as defined in
section 510(b)(2) of such Act) to adolescents and for evaluations
(including longitudinal evaluations) of activities under the grants and
for Federal costs of administering the grants: Provided further, That
grants under the immediately preceding proviso shall be made only to
public and private entities which agree that, with respect to an
adolescent to whom the entities provide abstinence education under such
grant, the entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case of an
entity expressly required by law to provide health information or
services the adolescent shall not be precluded from seeking health
information or services from the entity in a different setting than the
setting in which the abstinence education was provided: Provided
further, That the funds expended for such evaluations may not exceed
3.5 percent of such amount.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT
Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the Public Health
Service Act, as amended. For administrative expenses to carry
out the guaranteed loan program, including section 709 of the
Public Health Service Act, $3,914,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the Public Health Service Act, to remain
available until expended: Provided, That for necessary
administrative expenses, not to exceed $2,991,000 shall be
available from the Trust Fund to the Secretary of Health and
Human Services.
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI,
and XXVI of the Public Health Service Act, sections 101, 102,
103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and
Health Act of 1977, sections 20, 21, and 22 of the Occupational
Safety and Health Act of 1970, title IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act of 1980; including insurance of official motor
vehicles in foreign countries; and hire, maintenance, and
operation of aircraft, $4,296,566,000, of which $268,000,000
shall remain available until expended for equipment, and
construction and renovation of facilities, and of which
$183,763,000 for international HIV/AIDS shall remain available
until September 30, 2004, and in addition, such sums as may be
derived from authorized user fees, which shall be credited to
this account: Provided, That in addition to amounts provided
herein, $14,000,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry out
the National Immunization Surveys: Provided further, That in
addition to amounts provided herein, $125,899,000 shall be
available from amounts available under section 241 of the
Public Health Service Act to carry out the National Center for
Health Statistics surveys: Provided further, That none of the
funds made available for injury prevention and control at the
Centers for Disease Control and Prevention may be used, in
whole or in part, to advocate or promote gun control: Provided
further, That in addition to amounts provided herein,
$28,600,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out
information systems standards development and architecture and
applications-based research used at local public health levels:
Provided further, That in addition to amounts provided herein,
$41,900,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out
Research Tools and Approaches activities within the National
Occupational Research Agenda: Provided further, That the
Director may redirect the total amount made available under
authority of Public Law 101-502, section 3, dated November 3,
1990, to activities the Director may so designate: Provided
further, That the Congress is to be notified promptly of any
such transfer: Provided further, That not to exceed $12,500,000
may be available for making grants under section 1509 of the
Public Health Service Act to not more than 15 States: Provided
further, That without regard to existing statute, funds
appropriated may be used to proceed, at the discretion of the
Centers for Disease Control and Prevention, with property
acquisition, including a long-term ground lease for
construction on non-federal land, to support the construction
of a replacement laboratory in the Fort Collins, Colorado area:
Provided further, That notwithstanding any other provision of
law, a single contract or related contracts for development and
construction of facilities may be employed which collectively
include the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18.
National Institutes of Health
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,622,394,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $2,812,011,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$374,067,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,633,347,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $1,466,005,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
(INCLUDING TRANSFER OF FUNDS)
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $3,730,973,000: Provided, That $100,000,000 may be
made available to International Assistance Programs, ``Global
Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to remain
available until expended: Provided further, That up to
$375,000,000 shall be for extramural facilities construction
grants to enhance the Nation's capability to do research on
biological and other agents.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,859,084,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,213,817,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $637,290,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental health
sciences, $618,258,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,000,099,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $489,324,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other
communication disorders, $372,805,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$131,438,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $418,773,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse, $968,013,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,349,788,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$468,037,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $280,100,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,146,272,000: Provided, That
none of these funds shall be used to pay recipients of the
general research support grants program any amount for indirect
expenses in connection with such grants: Provided further, That
$120,000,000 shall be for extramural facilities construction
grants.
NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and
alternative medicine, $114,149,000.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $186,929,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty
International Center, $63,880,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $302,099,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 2003, the Library may
enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health: Provided
further, That in addition to amounts provided herein,
$8,200,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out
National Information Center on Health Services Research and
Health Care Technology and related health services.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $267,974,000:
Provided, That funding shall be available for the purchase of
not to exceed 29 passenger motor vehicles for replacement only:
Provided further, That the Director may direct up to 1 percent
of the total amount made available in this or any other Act to
all National Institutes of Health appropriations to activities
the Director may so designate: Provided further, That no such
appropriation shall be decreased by more than 1 percent by any
such transfers and that the Congress is promptly notified of
the transfer: Provided further, That the National Institutes of
Health is authorized to collect third party payments for the
cost of clinical services that are incurred in National
Institutes of Health research facilities and that such payments
shall be credited to the National Institutes of Health
Management Fund: Provided further, That all funds credited to
the National Institutes of Health Management Fund shall remain
available for 1 fiscal year after the fiscal year in which they
are deposited: Provided further, That up to $500,000 shall be
available to carry out section 499 of the Public Health Service
Act.
BUILDINGS AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property, $632,800,000, to remain available until
expended: Provided, That notwithstanding any other provision of
law, single contracts or related contracts, which collectively
include the full scope of the project, may be employed for the
development and construction of the first and second phases of
the John Edward Porter Neuroscience Research Center: Provided
further, That the solicitations and contracts shall contain the
clause ``availability of funds'' found at 48 CFR 52.232-18.
Substance Abuse and Mental Health Services Administration
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health
Service Act with respect to substance abuse and mental health
services, the Protection and Advocacy for Mentally Ill
Individuals Act of 1986, and section 301 of the Public Health
Service Act with respect to program management, $3,158,068,000,
of which $21,461,000 shall be available for the projects and in
the amounts specified in the statement of the managers on the
conference report accompanying this Act: Provided, That
$955,000, to remain available until expended, shall be for
protection, maintenance, and environmental remediation of the
Federally owned facilities at St. Elizabeths Hospital: Provided
further, That in addition to amounts provided herein,
$62,200,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out
Subpart II of Title XIX of the Public Health Service Act to
fund section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
Subpart II of Title XIX: Provided further, That in addition to
amounts provided herein, $12,000,000 shall be made available
from amounts available under section 241 of the Public Health
Service Act to carry out data collection activities supporting
the annual National Household Survey.
Agency for Healthcare Research and Quality
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security Act,
amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data
shall be credited to this appropriation and shall remain
available until expended: Provided, That the amount made
available pursuant to section 927(c) of the Public Health
Service Act shall not exceed $303,695,000.
Centers for Medicare and Medicaid Services
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $112,090,218,000, to remain
available until expended.
For making, after May 31, 2003, payments to States under
title XIX of the Social Security Act for the last quarter of
fiscal year 2003 for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social Security
Act for the first quarter of fiscal year 2004, $51,861,386,000,
to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as
provided under section 1844 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of
1965, section 278(d) of Public Law 97-248, and for
administrative expenses incurred pursuant to section 201(g) of
the Social Security Act, $81,462,700,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and
XXVII of the Public Health Service Act, and the Clinical
Laboratory Improvement Amendments of 1988, not to exceed
$2,581,672,000, to be transferred from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance Trust
Funds, as authorized by section 201(g) of the Social Security
Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, and such sums as may be
collected from authorized user fees and the sale of data, which
shall remain available until expended, and together with
administrative fees collected relative to Medicare overpayment
recovery activities, which shall remain available until
expended: Provided, That all funds derived in accordance with
31 U.S.C. 9701 from organizations established under title XIII
of the Public Health Service Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That from amounts appropriated under this
heading,$3,000,000 for the managed care system redesign shall
remain available until expended: Provided further, That $51,000,000, to
remain available until September 30, 2004, is for contract costs for
the Healthcare Integrated General Ledger Accounting System: Provided
further, That of the amounts made available for research, demonstration
and evaluation, $1,500,000 is available for AIDS Healthcare Foundation
in Los Angeles for a demonstration of residential and outpatient
treatment facilities, $500,000 is available for Bucks County Health
Improvement Project, Langhorne, Pennsylvania, $464,000 is available for
Children's Hospice International demonstration program to provide a
continuum of care for children with life-threatening conditions and
their families, $350,000 is available for Children's Hospitals and
Clinics of Minneapolis/St. Paul, in partnership with the National
Hospice and Palliative Care Organization, for a demonstration project
to provide pediatric palliative care education and consultation
services, $100,000 is available for Community Catalyst Inc. in Boston,
MA to expand a benefits management program to improve the delivery of
healthcare benefits to low-income individuals, $75,000 is available for
Cook County Illinois Bureau of Health Services to improve the
management of the vulnerable patients with poorly controlled diabetes,
$700,000 is available for the County of Sacramento, California for
implementation of the SacAdvantage pilot program to increase
availability of health insurance for uninsured workers and their
dependents through premium subsidies and purchasing pools, $200,000 is
available for Equip for Equality in Chicago, Illinois for a
demonstration project to document the impact of an independent
investigative unit to examine deaths and serious allegations of abuse
and neglect of people with disabilities at facilities in Illinois,
$300,000 is available for Hamot Medical Center, Erie, PA, for a
demonstration project for the evaluation of advanced illness
coordinated care for Medicare beneficiaries, $100,000 is available for
Hope House Day Care Center in Memphis, Tennessee for a demonstration
project on improving the overall well-being of HIV positive children,
$500,000 is available for the Hospice of Metro Denver in Denver,
Colorado to establish a clinical and training affiliation with the
University of Colorado's Health Science Center and to develop cutting-
edge palliative care practices, $350,000 is available for Illinois
Primary Health Care Association, in Springfield, Illinois, to implement
the Shared Integrated Management Information System, $100,000 is
available for Jefferson Area Board for Aging, Charlottesville,
Virginia, for continuation of the recruitment, retention, training, and
support of nursing assistants, $100,000 is available for Johns Hopkins
School of Medicine, Baltimore, MD, for an advanced respiratory medicine
project to study in-home, self-administered high frequency chest wall
oscillation therapy, $130,000 is available for Medical Care for
Children Partnership, Fairfax, Virginia to provide outreach to increase
access to medical and dental care for children, and $325,000 is
available for The Breast Cancer Fund in San Francisco, California (in
collaboration with Shanti) for the ``Lifelines'' project to increase
access to breast cancer treatment for medically underserved
women:Provided further, That to the extent Medicare claims volume is
projected by the Centers for Medicare and Medicaid Services (CMS) to
exceed 223,500,000 Part A claims and/or 870,000,000 Part B claims, an
additional $46,800,000 shall be available for obligation for every
50,000,000 increase in Medicare claims volume (including a pro rata
amount for any increment less than 50,000,000) from the Federal
Hospital Insurance and the Federal Supplementary Medical Insurance
Trust Fund: Provided further, That the Secretary of Health and Human
Services is directed to collect fees in fiscal year 2003 from
Medicare+Choice organizations pursuant to section 1857(e)(2) of the
Social Security Act and from eligible organizations with risk-sharing
contracts under section 1876 of that Act pursuant to section
1876(k)(4)(D) of that Act.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE FUND
For carrying out subsections (d) and (e) of section 1308 of
the Public Health Service Act, any amounts received by the
Secretary in connection with loans and loan guarantees under
title XIII of the Public Health Service Act, to be available
without fiscal year limitation for the payment of outstanding
obligations. During fiscal year 2003, no commitments for direct
loans or loan guarantees shall be made.
Administration for Children and Families
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT
PROGRAMS
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9),
$2,475,800,000, to remain available until expended; and for
such purposes for the first quarter of fiscal year 2004,
$1,100,000,000, to remain available until expended.
For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under title
IV-A of the Social Security Act before the effective date of
the program of Temporary Assistance for Needy Families (TANF)
with respect to such State, such sums as may be necessary:
Provided, That the sum of the amounts available to a State with
respect to expenditures under such title IV-A in fiscal year
1997 under this appropriation and under such title IV-A as
amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations
under section 116(b) of such Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3 months of
the current fiscal year for unanticipated costs, incurred for
the current fiscal year, such sums as may be necessary.
LOW INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,700,000,000.
REFUGEE AND ENTRANT ASSISTANCE
For making payments for refugee and entrant assistance
activities authorized by title IV of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980 (Public Law 96-422), $436,724,000:
Provided, That funds appropriated pursuant to section 414(a) of
the Immigration and Nationality Act for fiscal year 2003 shall
be available for the costs of assistance provided and other
activities through September 30, 2005: Provided further, That
up to $10,000,000 is available to carry out the Trafficking
Victims Protection Act of 2000.
For carrying out section 5 of the Torture Victims Relief
Act of 1998 (Public Law 105-320), $10,000,000.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT
For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and
Development Block Grant Act of 1990), $2,099,994,000 shall be
used to supplement, not supplant state general revenue funds
for child care assistance for low-income families: Provided,
That $19,120,000 shall be available for child care resource and
referral and school-aged child care activities, of which
$1,000,000 shall be for the Child Care Aware toll free hotline:
Provided further, That, in addition to the amounts required to
be reserved by the States under section 658G, $272,672,000
shall be reserved by the States for activities authorized under
section 658G, of which $100,000,000 shall be for activities
that improve the quality of infant and toddler care: Provided
further, That $10,000,000 shall be for use by the Secretary for
child care research, demonstration, and evaluation activities.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out Stateprograms pursuant to title XX of
such Act shall be 10 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, sections 310 and 316
of the Family Violence Prevention and Services Act, as amended,
the Native American Programs Act of 1974, title II of Public
Law 95-266 (adoption opportunities), the Adoption and Safe
Families Act of 1997 (Public Law 105-89), sections 1201 and
1211 of the Children's Health Act of 2000, the Abandoned
Infants Assistance Act of 1988, the Early Learning
Opportunities Act, part B(1) of title IV and sections 413,
429A, 1110, and 1115 of the Social Security Act, and sections
40155, 40211, and 40241 of Public Law 103-322; for making
payments under the Community Services Block Grant Act, sections
439(h), 473A, and 477(i) of the Social Security Act, and title
IV of Public Law 105-285, and for necessary administrative
expenses to carry out said Acts and titles I, IV, X, XI, XIV,
XVI, and XX of the Social Security Act, the Act of July 5, 1960
(24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of
1981, title IV of the Immigration and Nationality Act, section
501 of the Refugee Education Assistance Act of 1980, section 5
of the Torture Victims Relief Act of 1998 (Public Law 105-320),
sections 40155, 40211, and 40241 of Public Law 103-322, and
section 126 and titles IV and V of Public Law 100-485,
$8,643,117,000, of which $43,000,000, to remain available until
September 30, 2004, shall be for grants to States for adoption
incentive payments, as authorized by section 473A of title IV
of the Social Security Act (42 U.S.C. 670-679) and may be made
for adoptions completed in fiscal years 2001 and 2002; of which
$6,667,533,000 shall be for making payments under the Head
Start Act, of which $1,400,000,000 shall become available
October 1, 2003 and remain available through September 30,
2004; and of which $739,315,000 shall be for making payments
under the Community Services Block Grant Act: Provided, That
not less than $7,250,000 shall be for section 680(3)(B) of the
Community Services Block Grant Act, as amended: Provided
further, That in addition to amounts provided herein,
$6,000,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out the
provisions of Section 1110 of the Social Security Act: Provided
further, That to the extent Community Services Block Grant
funds are distributed as grant funds by a State to an eligible
entity as provided under the Act, and have not been expended by
such entity, they shall remain with such entity for carryover
into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further, That the
Secretary shall establish procedures regarding the disposition
of intangible property which permits grant funds, or intangible
assets acquired with funds authorized under section 680 of the
Community Services Block Grant Act, as amended, to become the
sole property of such grantees after a period of not more than
12 years after the end of the grant for purposes and uses
consistent with the original grant: Provided further, That
funds appropriated for section 680(a)(2) of the Community
Services Block Grant Act, as amended, shall be available for
financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $90,567,000
shall be for activities authorized by the Runaway and Homeless
Youth Act, notwithstanding the allocation requirements of
section 388(a) of such Act, of which $40,770,000 is for the
transitional living program: Provided further, That $35,000,000
is for a compassion capital fund to provide grants to
charitable organizations to emulate model social service
programs and to encourage research on the best practices of
social service organizations.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $100,000,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, $4,855,000,000.
For making payments to States or other non-Federal entities
under title IV-E of the Act, for the first quarter of fiscal
year 2004, $1,745,600,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under section
474 of title IV-E, for the last 3 months of the current fiscal
year for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
Administration on Aging
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965, as amended, and section 398 of the
Public Health Service Act, $1,376,001,000, of which $5,500,000
shall be available for activities regarding medication
management, screening, and education to prevent incorrect
medication and adverse drug reactions: Provided, That
$149,670,000 shall be available for carrying out section 311 of
the OlderAmericans Act of 1965 consistent with the formula of
such Act (as amended by section 217 of this Act).
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for
carrying out titles III, XVII, and XX of the Public Health
Service Act, and the United States-Mexico Border Health
Commission Act, $361,364,000, together with $5,851,000 to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Hospital Insurance Trust Fund
and the Supplemental Medical Insurance Trust Fund: Provided,
That of the funds made available under this heading for
carrying out title XX of the Public Health Service Act,
$11,885,000 shall be for activities specified under section
2003(b)(2), of which $10,157,000 shall be for prevention
service demonstration grants under section 510(b)(2) of title V
of the Social Security Act, as amended, without application of
the limitation of section 2010(c) of said title XX: Provided
further, That of this amount, $50,000,000 is for minority AIDS
prevention and treatment activities; and $20,000,000 shall be
for an Information Technology Security and Innovation Fund for
Department-wide activities involving cybersecurity, information
technology security, and related innovation projects.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $37,300,000: Provided, That, of such amount,
necessary sums are available for providing protective services
to the Secretary and investigating non-payment of child support
cases for which non-payment is a Federal offense under 18
U.S.C. 228.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$30,328,000, together with not to exceed $3,314,000 to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Hospital Insurance Trust Fund
and the Supplemental Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided,
research studies under section 1110 of the Social Security Act
and title III of the Public Health Service Act, $2,499,000:
Provided, That in addition to amounts provided herein,
$18,000,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out
national health or human services research and evaluation
activities: Provided further, That the expenditure of any funds
available under section 241 of the Public Health Service Act
are subject to the requirements of section 205 of this Act.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection Plan
and Survivor Benefit Plan, for medical care of dependents and
retired personnel under the Dependents' Medical Care Act (10
U.S.C. ch. 55 and 56), and for payments pursuant to section
229(b) of the Social Security Act (42 U.S.C. 429(b)), such
amounts as may be required during the current fiscal year. The
following are definitions for the medical benefits of the
Public Health Service Commissioned Officers that apply to 10
U.S.C. chapter 56, section 1116(c). The source of funds for the
monthly accrual payments into the Department of Defense
Medicare-Eligible Retiree Health Care Fund shall be the
Retirement Pay and Medical Benefits for Commissioned Officers
account. For purposes of this Act, the term ``pay of members''
shall be construed to be synonymous with retirement payments to
U.S. Public Health Service officers who are retired for age,
disability, or length of service; payments to survivors of
deceased officers; medical care to active duty and retired
members and dependents and beneficiaries; and for payments to
the Social Security Administration for military service
credits; all of which payments are provided for by the
Retirement Pay and Medical Benefits for Commissioned Officers
account.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to
countering potential biological, disease and chemical threats
to civilian populations, $2,246,680,000: Provided, That this
amount is distributed as follows: Centers for Disease Control
and Prevention, $1,543,440,000 of which $300,000,000 shall
remain available until expended for the National Pharmaceutical
Stockpile; Office of the Secretary, $152,240,000; Health
Resources and Services Administration; $546,000,000; and the
Agency for Healthcare Research and Quality, $5,000,000, to
remain available until expended; Provided further, That at the
discretion of the Secretary, these amounts may be transferred
between categories subject to normal reprogramming procedures:
Provided further, That employees of the Centers for Disease
Control and Prevention or the Public Health Service, both
civilian and Commissioned Officers, detailed to States,
municipalities or other organizations under authority of
Section 214 of the Public Health Service Act for purposes
related to homeland security, shall be treated as non-Federal
employees for reporting purposes only and shall not be included
within any personnel ceiling applicable to the Agency, Service,
or the Department of Health and Human Services during the
period of detail or assignment.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
Sec. 203. None of the funds appropriated under this Act may
be used to implement section 399F(b) of the Public Health
Service Act or section 1503 of the National Institutes of
Health Revitalization Act of 1993, Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare
Research and Quality, and the Substance Abuse and Mental Health
Services Administration shallbe used to pay the salary of an
individual, through a grant or other extramural mechanism, at a rate in
excess of Executive Level I.
Sec. 205. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or
for other taps and assessments made by any office located in
the Department of Health and Human Services, prior to the
Secretary's preparation and submission of a report to the
Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
Sec. 206. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall
determine, but not more than 2.1 percent, of any amounts
appropriated for programs authorized under said Act shall be
made available for the evaluation (directly, or by grants or
contracts) of the implementation and effectiveness of such
programs.
(TRANSFER OF FUNDS)
Sec. 207. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for the
current fiscal year for the Department of Health and Human
Services in this or any other Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That an
appropriation may be increased by up to an additional 2 percent
subject to approval by the House and Senate Committees on
Appropriations: Provided further, That the Appropriations
Committees of both Houses of Congress are notified at least 15
days in advance of any transfer.
Sec. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes,
centers, and divisions from the total amounts identified by
these two Directors as funding for research pertaining to the
human immunodeficiency virus: Provided, That the Congress is
promptly notified of the transfer.
Sec. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related
to the human immunodeficiency virus, as jointly determined by
the Director of the National Institutes of Health and the
Director of the Office of AIDS Research, shall be made
available to the ``Office of AIDS Research'' account. The
Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be
made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the
decision of minors to seek family planning services and that it
provides counseling to minors on how to resist attempts to
coerce minors into engaging in sexual activities.
Sec. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare+Choice program if the Secretary denies
participation in such program to an otherwise eligible entity
(including a Provider Sponsored Organization) because the
entity informs the Secretary that it will not provide, pay for,
provide coverage of, or provide referrals for abortions:
Provided, That the Secretary shall make appropriate prospective
adjustments to the capitation payment to such an entity (based
on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a
Medicare+Choice organization described in this section shall be
responsible for informing enrollees where to obtain information
about all Medicare covered services.
Sec. 212. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health Service
Act shall be exempt from any State law requiring notification
or the reporting of child abuse, child molestation, sexual
abuse, rape, or incest.
Sec. 213. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167)
is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking
``1997, 1998, 1999, 2000, and 2001'' and
inserting ``1997, 1998, 1999, 2000, 2001, 2002
and 2003''; and
(B) in subsection (e), by striking
``October 1, 2002'' each place it appears and
inserting ``October 1, 2003''; and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``September 30, 2002''
and inserting ``September 30, 2003''.
Sec. 214. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold
substance abuse funding from a State pursuant to section 1926
of the Public Health Service Act (42 U.S.C. 300x-26) if such
State certifies to the Secretary of Health and Human Services
by May 1, 2003 that the State will commit additional State
funds, in accordance with subsection (b), to ensure compliance
with State laws prohibiting the sale of tobacco products to
individuals under 18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's
substance abuse block grant allocation for each percentage
point by which the State misses the retailer compliance rate
goal established by the Secretary of Health and Human Services
under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal
year 2003 for tobacco prevention programs and for compliance
activities at a level that is not less than the level of such
expenditures maintained by the State for fiscal year 2002, and
adding to that level the additional funds for tobacco
compliance activities required under subsection (a). The State
is to submit a report to the Secretary on all fiscal year 2002
State expenditures and all fiscal year 2003 obligations for
tobacco prevention and compliance activities by program
activity by July 31, 2003.
(d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additionalfunds
required by the certification described in subsection (a) as late as
July 31, 2003.
(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926
from a territory that receives less than $1,000,000.
Sec. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2003, the Secretary of Health and Human
Services is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary to
pay the costs of acquisition, lease, alteration, renovation,
and management of facilities outside of the United States for
the use of the Department of Health and Human Services. The
Department of State shall cooperate fully with the Secretary of
Health and Human Services to ensure that the Department of
Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing
location, setback, and other facilities requirements and serve
the purposes established by this Act. The Secretary of Health
and Human Services is authorized, in consultation with the
Secretary of State, through grant or cooperative agreement, to
make available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
Sec. 216. The Division of Federal Occupational Health may
utilize personal services contracting to employ professional
management/administrative and occupational health
professionals.
Sec. 217. (a) Section 311 of the Older Americans Act of
1965 (42 U.S.C. 3030a) is amended--
(1) in subsection (b)--
(A) in the caption, by striking ``of cash
or commodities'' and inserting ``and payment'';
and
(B) in paragraph (1)--
(i) by striking ``The Secretary of
Agriculture shall allot and provide in
the form of cash or commodities or a
combination thereof (at the discretion
of the State) to each State agency''
and inserting ``The Secretary shall
allot and provide, in accordance with
this section, to or on behalf of each
State agency''; and
(ii) by striking ``to each
grantee'' and inserting ``to or on
behalf of each grantee''; and
(2) in subsection (d)--
(A) in the caption, to read as follows:
``Option to obtain commodities from Secretary
of Agriculture'';
(B) in paragraph (1), to read as follows:
``Each State agency and each grantee under
title VI shall be entitled to use all or any
part of amounts allotted under subsection (b)
to obtain from the Secretary of Agriculture
commodities available through any Federal food
commodity processing program, at the rates at
which such commodities are valued for purposes
of such program.'';
(C) by redesignating paragraphs (2) and (4)
as paragraphs (4) and (5), respectively;
(D) by striking paragraph (3);
(E) by adding after paragraph (1) the
following new paragraphs:
``(2) The Secretary of Agriculture shall determine
and report to the Secretary, by such date as the
Secretary may require, the amount (if any) of its
allotment under subsection (b) which each State agency
and title VI grantee has elected to receive in the form
of commodities. Such amount shall include an amount
bearing the same ratio to the costs to the Secretary of
Agriculture of providing such commodities under this
subsection as the value of commodities received by such
State agency or title VI grantee under this subsection
bears to the total value of commodities so received.
``(3) From the allotment under subsection (b) for
each State agency and title VI grantee, the Secretary
shall first reimburse the Secretary of Agriculture for
costs of commodities received by such State agency or
grantee under this subsection, and shall then pay the
balance (if any) to such State agency or grantee.'';
(F) in paragraph (4), as redesignated, in
the first sentence, to read as follows: ``Each
State agency shall promptly and equitably
disburse amounts received under this subsection
to recipients of grants and contracts.''; and
(G) in paragraph (5), as redesignated, by
striking ``donation'' and inserting
``provision''.
Sec. 218. Notwithstanding section 409B(c) of the Public
Health Service Act regarding a limitation on the number of such
grants, funds appropriated in this Act may be expended by the
Director of the National Institutes of Health to award Core
Center Grants to encourage the development of innovative
multidisciplinary research and provide training concerning
Parkinson's disease. Each center funded under such grants shall
be designated as a Morris K. Udall Center for Research on
Parkinson's Disease.
Sec. 219. The Supplemental Appropriations Act, 2001
(Public Law 107-20) is amended, in the matter under the heading
``low income home energy assistance'' under the heading
``Administration for Children and Families'' under the heading
``DEPARTMENT OF HEALTH AND HUMAN SERVICES'', in chapter 7 of
title II, by striking ``$300,000,000'' and inserting in lieu
thereof, ``$200,000,000'', and by adding under such heading the
following new paragraph: ``For an additional amount for the Low
Income Home Energy Assistance Program authorized under title
XXVI of the Omnibus Budget Reconciliation Act of 1981 (42
U.S.C. 8621(e)), $100,000,000, to remain available until
expended.''.
Sec. 220. Notwithstanding any other provision of this Act,
the $6,667,533,000 provided for the Head Start Act shall be
exempt from the across-the-board rescission under section 601
of division N.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2003''.
TITLE III--DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Secondary
Education Act of 1965 (``ESEA'') and section 418A of the Higher
Education Act of 1965, $13,853,400,000, of which $4,651,199,000
shall become available on July 1, 2003, and shall remain
available through September 30, 2004, and of which
$9,027,301,000 shall become available on October 1, 2003, and
shall remain available through September 30, 2004, for academic
year 2003-2004: Provided, That $7,172,971,000 shall be
available for basic grants under section 1124: Provided
further, That up to $3,500,000 of these funds shall be
available to the Secretary of Education on October 1, 2002, to
obtain updated educational-agency-level census poverty data
from the Bureau of the Census: Provided further, That
$1,365,031,000 shall be available for concentration grants
under section 1124A: Provided further, That $1,670,239,000
shall be available for targeted grants under section 1125:
Provided further, That $1,541,759,000 shall be available for
education finance incentive grants under section 1125A:
Provided further, That $235,000,000 shall be available for
comprehensive school reform grants under part F of the ESEA.
IMPACT AID
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965, $1,196,000,000,
of which $1,032,000,000 shall be for basic support payments
under section 8003(b), $51,000,000 shall be for payments for
children with disabilities under section 8003(d), $45,000,000
shall be for construction under section 8007 and shall remain
available through September 30, 2004, $60,000,000 shall be for
Federal property payments under section 8002, and $8,000,000,
to remain available until expended, shall be for facilities
maintenance under section 8008.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized
by titles II, IV, V, VI, and parts B and C of title VII of the
Elementary and Secondary Education Act of 1965 (``ESEA''); part
B of title II of the Higher Education Act; the McKinney-Vento
Homeless Assistance Act; and the Civil Rights Act of 1964,
$8,052,957,000, of which $508,100,000 shall become available
October 1, 2002, and shall remain available through September
30, 2004, of which $4,132,167,000 shall become available on
July 1, 2003, and remain available through September 30, 2004,
and of which $1,765,000,000 shall become available on October
1, 2003, and shall remain available through September 30, 2004,
for academic year 2003-2004: Provided, That up to $12,000,000
may be used to carry out section 2345 of the ESEA: Provided
further, That of the amount made available for subpart 3, part
C, of title II of the ESEA, $3,000,000 shall be used by the
Center for Civic Education to implement a comprehensive program
to improve public knowledge, understanding, and support of the
Congress and the state legislatures: Provided further, That of
the funds made available for subpart 2 of part A of title IV of
the ESEA, $5,000,000, to remain available until expended, shall
be for the Project School Emergency Response to Violence
program to provide education-related services to local
educational agencies in which the learning environment has been
disrupted due to a violent or traumatic crisis: Provided
further, That $75,000,000 for continuing and new grants to
demonstrate effective approaches to comprehensive school reform
shall be allocated and expended in the same manner as the funds
provided under the Fund for the Improvement of Education for
thispurpose were allocated and expended in fiscal year 2002:
Provided further, That $162,000,000 shall be available to support the
activities authorized under subpart 4 of part D of title V of the ESEA,
of which up to 5 percent shall become available October 1, 2002, for
evaluation, technical assistance, school networking, peer review of
applications, and program outreach activities and of which not less
than 95 percent shall become available on July 1, 2003, and remain
available through September 30, 2004, for grants to local educational
agencies: Provided further, That funds made available to local
educational agencies under this subpart shall be used only for
activities related to establishing smaller learning communities in high
schools: Provided further, That funds made available to carry out part
C of title VII of the ESEA may be used for construction: Provided
further, That funds made available to carry out part B of title VII of
the ESEA may be used for construction, renovation and modernization of
any elementary school, secondary school, or structure related to an
elementary school or secondary school, run by the Department of
Education of the State of Hawaii, that serves a predominantly Native
Hawaiian student body: Provided further, That $387,000,000 shall be for
subpart l of part A of title VI of the ESEA: Provided further, That no
funds appropriated under this heading may be used to carry out section
5494 under the Elementary and Secondary Education Act: Provided
further, That $814,660,000 shall be available to carry out part D of
title V of the ESEA: Provided further, That $212,160,000 of the funds
for subpart l, part D of title V of the ESEA shall be available for the
projects and in the amounts specified in the statement of the managers
on the conference report accompanying this Act.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, $122,368,000.
ENGLISH LANGUAGE ACQUISITION
For carrying out title III, part A of the ESEA,
$690,000,000, of which $494,000,000 shall become available on
July 1, 2003, and shall remain available through September 30,
2004.
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education Act, $10,095,639,000, of which $4,135,233,000 shall
become available for obligation on July 1, 2003, and shall
remain available through September 30, 2004, and of which
$5,672,000,000 shall become available on October 1, 2003, and
shall remain available through September 30, 2004, for academic
year 2003-2004: Provided, That $10,000,000 shall be for
Recording for the Blind and Dyslexic to support the
development, production, and circulation of recorded
educational materials: Provided further, That $1,500,000 shall
be for the recipient of funds provided by Public Law 105-78
under section 687(b)(2)(G) of the Act to provide information on
diagnosis, intervention, and teaching strategies for children
with disabilities: Provided further, That the amount for
section 611(c) of the Act shall be equal to the amount
available for that section in the Department of Education
Appropriations Act, 2002, increased by the amount of inflation
as specified in section 611(f)(1)(B)(ii) of the Act: Provided
further, That $7,715,000 of the funds for section 672 of the
Act shall be available for the projects and in the amounts
specified in the statement of the managers of the conference
report accompanying this Act.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998, and the Helen Keller National Center Act, $2,956,382,000,
of which $1,000,000 shall be used to improve the quality of
applied orthotic and prosthetic research and help meet the
demand for provider services: Provided, That the funds provided
for title I of the Assistive Technology Act of 1998 (``the AT
Act'') shall be allocated notwithstanding section 105(b)(1) of
the AT Act: Provided further, That section 101(f) of the AT Act
shall not limit the award of an extension grant to three years:
Provided further, That no State or outlying area awarded funds
under section 101 shall receive less than the amount received
in fiscal year 2002: Provided further, That $3,540,000 of the
funds for section 303 of the Rehabilitation Act of 1973 shall
be available for the projects and in the amounts specified in
the statement of the managers on the conference report
accompanying this Act.
Special Institutions for Persons With Disabilities
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $15,500,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986 (20
U.S.C. 4301 et seq.), $54,050,000, of which $1,600,000 shall be
for construction and shall remain available until expended:
Provided, That from the total amount available, the Institute
may at its discretion use funds for the endowment program as
authorized under section 207.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II ofthe Education of
the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $98,438,000: Provided,
That from the total amount available, the University may at its
discretion use funds for the endowment program as authorized under
section 207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Applied Technology Education
Act, and the Adult Education and Family Literacy Act, and title
VIII-D of the Higher Education Act of 1965, as amended, and
Public Law 102-73, $1,956,060,000, of which $1,158,060,000
shall become available on July 1, 2003 and shall remain
available through September 30, 2004 and of which $791,000,000
shall become available on October 1, 2003 and shall remain
available through September 30, 2004: Provided, That
notwithstanding any other provision of law or any regulation,
the Secretary of Education shall not require the use of a
restricted indirect cost rate for grants issued pursuant to
section 117 of the Carl D. Perkins Vocational and Applied
Technology Education Act: Provided further, That of the amount
provided for Adult Education State Grants, $70,000,000 shall be
made available for integrated English literacy and civics
education services to immigrants and other limited English
proficient populations: Provided further, That of the amount
reserved for integrated English literacy and civics education,
notwithstanding section 211 of the Adult Education and Family
Literacy Act, 65 percent shall be allocated to States based on
a State's absolute need as determined by calculating each
State's share of a 10-year average of the Immigration and
Naturalization Service data for immigrants admitted for legal
permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as measured
by the average of the 3 most recent years for which Immigration
and Naturalization Service data for immigrants admitted for
legal permanent residence are available, except that no State
shall be allocated an amount less than $60,000: Provided
further, That of the amounts made available for the Adult
Education and Family Literacy Act, $9,500,000 shall be for
national leadership activities under section 243 and $6,560,000
shall be for the National Institute for Literacy under section
242: Provided further, That $23,500,000 shall be for Youth
Offender Grants, of which $5,000,000 shall be used in
accordance with section 601 of Public Law 102-73 as that
section was in effect prior to the enactment of Public Law 105-
220.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3 and 4 of part A, section
428K, part C and part E of title IV of the Higher Education Act
of 1965, as amended, $13,450,500,000, which shall remain
available through September 30, 2004.
The maximum Pell Grant for which a student shall be
eligible during award year 2003-2004 shall be $4,050.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided,
section 121 and titles II, III, IV, V, VI, and VII of the
Higher Education Act of 1965 (``HEA''), as amended, section
1543 of the Higher Education Amendments of 1992, title VIII of
the Higher Education Amendments of 1998, and the Mutual
Educational and Cultural Exchange Act of 1961, $2,100,701,000,
of which $3,000,000 for interest subsidies authorized by
section 121 of the HEA, shall remain available until expended:
Provided, That $10,000,000, to remain available through
September 30, 2004, shall be available to fund fellowships for
academic year 2004-2005 under part A, subpart 1 of title VII of
said Act, under the terms and conditions of part A, subpart 1:
Provided further, That $1,000,000 is for data collection and
evaluation activities for programs under the HEA, including
such activities needed to comply with the Government
Performance and Results Act of 1993: Provided further, That
notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in
foreign countries by individuals who are participating in
advanced foreign language training and international studies in
areas that are vital to United States national security and who
plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That up to one
percent of the funds referred to in the preceding proviso may
be used for program evaluation, national outreach, and
information dissemination activities: Provided further, That
$140,599,000 of the funds for part B of title VII of the Higher
Education Act of 1965 shall be available for the projects and
in the amounts specified in the statement of the managers on
the conference report accompanying this Act.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C. 121 et
seq.), $240,000,000, of which not less than $3,600,000 shall be
for a matching endowment grant pursuant to the Howard
University Endowment Act (Public Law 98-480) and shall remain
available until expended.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM
For Federal administrative expenses authorized under
section 121 of the Higher Education Act of 1965, $762,000 to
carry out activities related to existing facility loans entered
into under the Higher Education Act of 1965.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING PROGRAM
ACCOUNT
The aggregate principal amount of outstanding bonds insured
pursuant to section 344 of title III, part D of the Higher
Education Act of 1965 shall not exceed $357,000,000, and the
cost, as defined in section 502 of the Congressional Budget Act
of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically
Black College and University Capital Financing Program entered
into pursuant to title III, part D of the Higher Education Act
of 1965, as amended, $208,000.
INSTITUTE OF EDUCATION SCIENCES
For carrying out activities authorized by Public Law 107-
279, $450,887,000: Provided, That of the amount appropriated,
$140,000,000 shall be available for obligation through
September 30, 2004: Provided further, That $5,000,000 shall be
available to extend for one additional year the contract for
the Eisenhower National Clearinghouse for Mathematics and
Science Education authorized under section 2102(a)(2) of the
Elementary and Secondary Education Act of 1965, prior to its
amendment by the No Child Left Behind Act of 2001, Public Law
107-110.
Departmental Management
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $412,545,000, of which $12,795,000,
to remain available until expended, shall be for building
alterations and related expenses for the modernization of the
Mary E. Switzer Building in Washington, D.C.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $86,276,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $41,000,000.
STUDENT AID ADMINISTRATION
For Federal administrative expenses (in addition to funds
made available under section 458), to carry out part D of title
I, and subparts 1, 3, and 4 of part A, and parts B, C, D and E
of title IV of the Higher Education Act of 1965, as amended,
$105,388,000.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for
the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome
racial imbalance in any school or school system, or for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to carry out a plan
of racial desegregation of any school or school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of
any student to a school other than the school which is nearest
the student's home, except for a student requiring special
education, to the school offering such special education, in
order to comply with title VI of the Civil Rights Act of 1964.
For the purpose of this section an indirect requirement of
transportation of students includes the transportation of
students to carry out a plan involving the reorganization of
the grade structure of schools, the pairing of schools, or the
clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described
in this section does not include the establishment of magnet
schools.
Sec. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(TRANSFER OF FUNDS)
Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for the
Department of Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
Appropriations Committees of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Sec. 305. Section 1202 of the Elementary and Secondary
Education Act of 1965 is amended by inserting the following
subsection at the end thereof:
``(g) Supplement, not Supplant.--A State or local
educational agency shall use funds received under this subpart
only to supplement the level of non-Federal funds that, in the
absence of funds under this subpart, would be expended for
activities authorized under this subpart, and not to supplant
those non-Federal funds.''.
This title may be cited as the ``Department of Education
Appropriations Act, 2003''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington and the Armed Forces Retirement Home--Gulfport, to
be paid from funds available in the Armed Forces Retirement
Home Trust Fund, $68,013,000, of which $5,769,000 shall remain
available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington
and the Armed Forces Retirement Home--Gulfport: Provided, That,
notwithstanding any other provision of law, a single contract
or related contracts for development and construction, to
include construction of a facility at the United States Naval
Home, may be employed which collectively include the full scope
of the project: Provided further, That the solicitation and
contract shall contain the clause ``availability of funds''
found at 48 CFR 52.232-18 and 252.232-7007, Limitation of
Government Obligations.
Corporation for National and Community Service
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $356,205,000:
Provided, That none of the funds made available to the
Corporation for National and Community Service in this Act
shall be used to provide stipends or other monetary incentives
to volunteers or volunteer leaders whose incomes exceed 125
percent of the national poverty level.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act,
for the fiscal year 2005, $390,000,000: Provided, That no funds
made available to the Corporation for Public Broadcasting by
this Act shall be used to pay for receptions, parties, or
similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds contained
in this paragraph shall be available or used to aid or support
any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis
of race, color, national origin, religion, or sex: Provided
further, That for fiscal year 2003, in addition to the amounts
provided above, $48,744,000, for costs related to digital
program production, development, and distribution, associated
with the transition of public broadcasting todigital
broadcasting, to be awarded as determined by the Corporation in
consultation with public radio and television licensees or permittees,
or their designated representatives: Provided further, That in addition
to the funds provided under this heading in Public Law 106-554,
$183,000 shall be available for administrative costs for fiscal year
2003, notwithstanding section 396(k)(3)(A) of the Public Broadcasting
Act.
Federal Mediation and Conciliation Service
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in it by
the Labor Management Relations Act, 1947 (29 U.S.C. 171-180,
182-183), including hire of passenger motor vehicles; for
expenses necessary for the Labor-Management Cooperation Act of
1978 (29 U.S.C. 175a); and for expenses necessary for the
Service to carry out the functions vested in it by the Civil
Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$41,425,000, including $1,500,000, to remain available through
September 30, 2004, for activities authorized by the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a): Provided,
That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and other
conflict resolution services and technical assistance,
including those provided to foreign governments and
international organizations, and for arbitration services shall
be credited to and merged with this account, and shall remain
available until expended: Provided further, That fees for
arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States
gifts of services and real, personal, or other property in the
aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and
Health Review Commission (30 U.S.C. 801 et seq.), $7,178,000.
Institute of Museum and Library Services
For carrying out the Museum and Library Services Act,
$245,485,000, of which $10,000,000 shall remain available until
expended for the Recruiting and Educating Librarians for the
21st Century Initiative: Provided, That of the amount provided,
$25,000 shall be awarded to the Abington Art Center,
Jenkintown, Pennsylvania, for a work-study program for at-risk
junior and high school students, $100,000 shall be awarded to
the Aleutian World War II Museum in Alaska for interactive
media display, $75,000 shall be awarded to the Allentown Art
Museum, Allentown, Pennsylvania, for educational programs for
25 school districts in 7 Pennsylvania counties, $25,000 shall
be awarded to the Alley Pond Environmental Center, Douglaston,
New York, for environmental education programs, $500,000 shall
be awarded to the American Village Project in Montevallo,
Alabama, $100,000 shall be awarded to the Army Aviation
Heritage Foundation in Ozark, Alabama, for educational
programs, $175,000 shall be awarded to the Arts Council of New
Orleans, $500,000 shall be awarded to the Asian Art Museum, San
Francisco, California, for exhibits and education programs,
$575,000 shall be awarded to the Berkshire Museum, Pittsfield,
Massachusetts, for climate control systems to preserve
collections, $400,000 shall be awarded to the Bishops Museum in
Honolulu, Hawaii, $400,000 shall be awarded to the Boston
Public Library Foundation, Boston, Massachusetts, for
preservation and enhancement of the John Adams Presidential
Library and for related educational programs, $250,000 shall be
awarded to the Bowers Museum, City of Santa Ana, California,
for educationprograms, publications and technology, $500,000
shall be awarded to the Brooklyn Children's Museum, Brooklyn, New York,
for equipment and technology, exhibits and education programs, $100,000
shall be awarded to the Butler Area Public Library, Pennsylvania, for
program enhancements, $275,000 shall be awarded to the California State
University, San Marcos, California, to upgrade electronic catalog and
to provide computer stations for the library, $175,000 shall be awarded
to the Cape Cod Maritime Museum to develop exhibits and academic
programs, $200,000 shall be awarded to the Carnegie Library of
Pittsburgh, Pennsylvania, to purchase library materials and upgrade
technology at the East Liberty Branch Library, $250,000 shall be
awarded to the Carnegie Library, Union Springs, Alabama, for program
development, $75,000 shall be awarded to the Chicago State University
Gwendolyn Brooks Center to expand its repository of the literary works
of Gwendolyn Brooks, $100,000 shall be awarded to the Chickasaw
Cultural Center in Chickasaw, Oklahoma, $100,000 shall be awarded to
the Children's Museum of Manhattan, New York, New York, to establish
early childhood education programs and exhibits, $100,000 shall be
awarded to the Children's Museum of Stockton, Stockton, California, for
a Delta Region Exhibit, $100,000 shall be awarded to the City of
Abilene, Texas, for the collection and display of artifacts, and for
exhibits at the Texas Forts Trail Museum, $50,000 shall be awarded to
the City of Anatuvik Pass Museum in Alaska for museum exhibits,
$200,000 shall be awarded to the City of Dallas, Texas, for the Dallas
Public Library, to establish ``Teen Wise Centers'' for at-risk youth,
$150,000 shall be awarded to the Clark County Heritage Center,
Springfield, Ohio, for technology upgrades and exhibit development,
$250,000 shall be awarded to the Cleveland Health Museum, Ohio, for
exhibits, $400,000 shall be awarded to the Commonwealth Zoological
Corporation (Zoo New England), Boston, Massachusetts, for the ``Living
Classroom'' science education program and for outreach, $800,000 shall
be awarded to the Davenport Music History Museum in Davenport, Iowa,
$300,000 shall be awarded to the Dayton Aviation Heritage National
Historical Park in Ohio for education and cultural programs, $75,000
shall be awarded to the Delaware and Lehigh National Heritage Corridor,
Easton, Pennsylvania, to establish a National Museum of Industrial
History in Bethlehem, Pennsylvania, to display a repository of
industrial machines, equipment and technology of the 19th and 20th
centuries focusing on steel, $75,000 shall be awarded to the Delaware
County Historical Society, Media, Pennsylvania, to develop and expand
educational programs highlighting historical themes and sites relating
to the Delaware County, $2,200,000 shall be awarded to the Discovery
Center, Springfield, Missouri, $250,000 shall be awarded to the
Downtown Chambersburg, Inc., Pennsylvania, $50,000 shall be awarded to
the Eleanor Roosevelt's Papers at George Washington University for
related program development, $100,000 shall be awarded to the Exploris
Museum, for the Global Awareness Program, including exhibits, a film
program, and educational programs, $100,000 shall be awarded to the
Fine Arts Museums of San Francisco to expand educational programming
and technology improvements at the de Young Museum, $1,000,000 shall be
awarded to the Florida International Museum, St. Petersburg, Florida,
for the Centennial Russian Museum Exhibit, $200,000 shall be awarded to
the Franklin Institute, Philadelphia, Pennsylvania, for exhibits,
professional development and educational programming to students to
explore bioscience and biotechnology, $200,000 shall be awarded to the
Frederick C. Crawford Museum of Transportation Industry, Cleveland,
Ohio, for educational programming, planning and exhibits, $900,000
shall be awarded to the Fresno Metropolitan Museum of Art, History and
Science, Fresno, California, for technology, exhibits, educational and
outreach programs, and to develop a science-based exhibition and
learning center, $100,000 shall be awarded to the Gadsden Museum of Art
in Alabama for museum programs, $278,000 shall be awarded to the George
Eastman House, Rochester, New York, for the ``Picture Link'' project,
$100,000 shall be awarded to the Georgia Hall of Fame at Museum of
Aviation in Warner Robins, Georgia, for educational activities and
programs, $62,000 shall be awarded to the Glendale Public Library,
Glendale, California, for personnel, equipment and other expenses to
implement the Homework AssisTeens program, $200,000 shall be awarded to
the Hesperia Community Library, Hesperia, California, to
purchaselibrary materials and upgrade technology, $150,000 shall be
awarded to the Historical Society of Western Pennsylvania, for exhibits
in conjunction with the 250th anniversary of the French and Indian War,
$250,000 shall be awarded to the Holmdel Township Library, Monmouth
County, New Jersey, for technology equipment and upgrades, $25,000
shall be awarded to the Hudson Waterfront Museum, Brooklyn, New York,
to expand exhibits, education, arts and outreach programs, $200,000
shall be awarded to the Huntsville Museum of Art, Huntsville, Alabama,
for exhibits and educational programs, $50,000 shall be awarded to the
Imaginarium Science Center in Anchorage, Alaska, to develop science
exhibits and distance delivery modules, $150,000 shall be awarded to
the Interboro Public Library, Pennsylvania, for library programs,
$150,000 shall be awarded to the International Wolf Center,
Minneapolis, Minnesota, for education, outreach, and teacher training
programs, $300,000 shall be awarded to the Iowa Radio Reading
Information Service (IRRIS), $150,000 shall be awarded to the Italian-
American Cultural Center of Iowa in Des Moines, Iowa, for exhibits,
multi-media collections and for displays, $500,000 shall be awarded to
the Kendall County Forest Preserve District, Yorkville, Illinois, for
the consolidation and preservation of the collection at the Old Barn
Museum, $2,000,000 shall be awarded to the Kent State University, Kent,
Ohio, for an Institute for Library and Information Literacy Education
project, $50,000 shall be awarded to the Kodiak Maritime Museum in
Alaska, $150,000 shall be awarded to the Lafayette College, Easton,
Pennsylvania, for technology updates to the Skillman Library, $375,000
shall be awarded to the Leon County, Florida, for purchase of equipment
and books for the Ft. Braden Branch Library, $300,000 shall be awarded
to the Lewis and Clark College Bicentennial Hall in Portland, Oregon,
for program and equipment support, $300,000 shall be awarded to the
MacKay Library of Union County, Cranford, New Jersey, $75,000 shall be
awarded to the Magic Library in Kirkwood, Missouri, for design and
development of interactive exhibits and software, $50,000 shall be
awarded to the Marion County Library, Marion, South Carolina, to
establish a computer lab, $45,000 shall be awarded to the McKinley
Museum, Canton, Ohio, for equipment, $200,000 shall be awarded to the
Mexic-Arte Museum, Austin, Texas, $250,000 shall be awarded to the
Middletown Township Public Library, Monmouth County, New Jersey, for
technology equipment and upgrades, $300,000 shall be awarded to the
Monterey County Youth Museum, Monterey, California, for interactive
mobile exhibits and educational programs, $250,000 shall be awarded to
the Museum of African Art, New York, New York, for exhibits and
educational programs, $750,000 shall be awarded to the National
Baseball Hall of Fame and Museum, Cooperstown, New York, for
educational outreach using baseball to teach students through distance
learning technology, $300,000 shall be awarded to the National Civil
War Museum, Harrisburg, Pennsylvania, to develop and enhance
educational exhibits and programs for area K-12 schools focusing on
U.S. Civil War history, $90,000 shall be awarded to the National
Cowgirl Museum and Hall of Fame, Fort Worth, Texas, for creation of and
equipment for an audio tour of the permanent exhibition, $325,000 shall
be awarded to the National Liberty Museum, Philadelphia, Pennsylvania,
to institute a teacher-training program which will assist educators in
responding to classroom challenges and establish a pilot program to
address violence in schools, $650,000 shall be awarded to the National
Mississippi River Museum and Aquarium in Dubuque, Iowa, $1,500,000
shall be awarded to the National Museum of Women in the Arts,
Washington, D.C., $775,000 shall be awarded to the Native American
Cultural and Educational Authority, Oklahoma City, Oklahoma, for
exhibits for the museum, $75,000 shall be awarded to the Natural
History Museum of Los Angeles, California, for its ``Earth Odyssey''
environmental science program, $350,000 shall be awarded to the Nevada
State Historic Preservation Office, $500,000 shall be awarded to the
New York Botanical Garden's Virtual Herbarium imaging project in Bronx,
New York, $1,000,000 shall be awarded to the New York Hall of Science
to develop, expand, and display science-related educational materials,
$300,000 shall be awarded to the North Carolina State Museum of Natural
Sciences, Raleigh, North Carolina, for development of environmental
exhibits and educational programs, $250,000 shall be awarded to the
North Dakota Lewis and Clark Bicentennial Foundation inWashburn, North
Dakota, for exhibits and other interpretation, $250,000 shall be
awarded to the Ogden Museum of Southern Art in New Orleans, Louisiana,
$90,000 shall be awarded to the Oneonta City Library, Blount County,
Alabama, for books, internet, audiovisual and reading aids, $220,000
shall be awarded to the Orangevale Library, Sacramento, California, for
evaluation and analysis of existing library service, program and
facilities, $400,000 shall be awarded to the Pennsylvania Trolley
Museum for exhibit development and educational programs, $221,000 shall
be awarded to the Pittsburgh Children's Museum, Pittsburgh,
Pennsylvania, to develop and enhance educational exhibits and programs
for area K-12 schools, $725,000 shall be awarded to the Please Touch
Museum, Philadelphia, Pennsylvania to develop educational programs
focusing on hands-on learning experiences, $75,000 shall be awarded to
Rivertownes, Pennsylvania, $350,000 shall be awarded to the Rock and
Roll Hall of Fame and Museum, Cleveland, Ohio, for music education
programs for at-risk youth, $250,000 shall be awarded to Rutgers, the
State University of New Jersey, New Brunswick, New Jersey, to catalog,
organize and preserve collections at the Carey Library, $500,000 shall
be awarded to the San Bernardino County Museum, California, to develop
the Inland Empire Archival Heritage Center and Web Module, $50,000
shall be awarded to the Schoharie Free Library in Schoharie County, New
York, to purchase books and equipment, $155,000 shall be awarded to the
Science Center of Pinellas County, Inc., St. Petersburg, Florida, for a
planetarium project $450,000 shall be awarded to the Shaker Museum and
Library, Old Chatham, New York, $100,000 shall be awarded to the Simon
Wiesenthal Center's Los Angeles Museum for Tolerance, Los Angeles,
California, for the Tools for Tolerance for Educators program to
provide teacher training in diversity, tolerance and cooperation,
$150,000 shall be awarded to the Smith Robertson Museum in Jackson,
Mississippi, for the development of exhibits regarding civil rights,
$25,000 shall be awarded to the St. Paul Public Library, Minnesota, to
expand its School Work and Mentoring Place Program and its Small
Business Resource Center, $200,000 shall be awarded to the Standing
Bear Museum and Learning Center in Ponca City, Oklahoma, $75,000 shall
be awarded to the State Historical Society of Iowa for Civil War flag
restoration, $1,000,000 shall be awarded to the State Historical
Society of Iowa in Des Moines, Iowa, for the development of exhibits
for the World Food Prize, $100,000 shall be awarded to the State
Theater of Easton, Easton, Pennsylvania, for technological
infrastructure improvements and the development of educational
programming, $125,000 shall be awarded to The International
Storytelling Center in Jonesborough, Tennessee, $250,000 shall be
awarded to The Museum of Science and Industry, Chicago, Illinois, for
exhibits, education and outreach programs, $70,000 shall be awarded to
the Tillamook County Library, Oregon, for modernization of library
service, $200,000 shall be awarded to the Union City Public Library,
New Jersey, for personnel, books and technology to improve library
services for low-income individuals, $100,000 shall be awarded to the
Union County Historical Society & Heritage Museum in Mississippi, for
exhibit and program development, $400,000 shall be awarded to the
University of Idaho for digital archiving, $200,000 shall be awarded to
the University of Maine at Fort Kent to house the Acadian Archives
which preserves, celebrates and disseminates information about the
region's history, $400,000 shall be awarded to the Vietnam Archive
Center, Texas Tech University, Lubbock, Texas, for digitization,
$150,000 shall be awarded to the Virginia Living Museum for the
expansion of its educational programs in its capital campaign project,
$50,000 shall be awarded to the Wayne Art Center, Wayne, Pennsylvania,
to develop programs in partnership with area K-12 schools for teacher
training workshops and specialized workshops for students, $100,000
shall be awarded to the Westchester Library System, Ardsley, New York,
for its digital divide online services project, $450,000 shall be
awarded to the Whitney Museum of American Art to establish a touring
exhibition program in Iowa, $300,000 shall be awarded to the Whittier
Public Library, City of Whittier, California, to establish a children's
homework center and family literacy center, $100,000 shall be awarded
to the Willet Memorial Library in Macon, Georgia, for library
enhancements, $150,000 shall be awarded to the Witte Museum of San
Antonio, Texas, to develop the ``American Originals'' exhibit and
educational programs, $100,000 shall be awarded to the Zimmer
Children's Museum of Jewish Community Centers of Greater Los Angeles,
Los Angeles, California, for the expansion of the YouThink program,
$100,000 shall be awarded to the Zoological Society of Philadelphia,
Pennsylvania, for educational programs for elementary and secondary
students, and $500,000 shall be awarded to the St. Louis Children's
Museum, St. Louis, Missouri, for a collaborative project with the St.
Louis Public Library to create interactive exhibits and educational
programs
Medicare Payment Advisory Commission
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the
Social Security Act, $8,585,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.
National Commission on Libraries and Information Science
SALARIES AND EXPENSES
For necessary expenses for the National Commission on
Libraries and Information Science, established by the Act of
July 20, 1970 (Public Law 91-345, as amended), $1,010,000.
National Council on Disability
SALARIES AND EXPENSES
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation Act
of 1973, as amended, $2,858,000.
National Labor Relations Board
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, as amended (29 U.S.C. 141-167),
and other laws, $238,982,000: Provided, That no part of this
appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning
bargaining units composed of agricultural laborers as referred
to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as
amended, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition
employees engaged in the maintenance and operation of ditches,
canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the
water stored or supplied thereby is used for farming purposes.
National Mediation Board
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the
Railway Labor Act, as amended (45 U.S.C. 151-188), including
emergency boards appointed by the President, $11,315,000.
Occupational Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and
Health Review Commission (29 U.S.C. 661), $9,673,000.
Railroad Retirement Board
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $132,000,000, which shall include amounts becoming
available in fiscal year 2003 pursuant to section 224(c)(1)(B)
of Public Law 98-76; and in addition, an amount, not to exceed
2 percent of the amount provided herein, shall be available
proportional to the amount by which the product of recipients
and the average benefit received exceeds $132,000,000:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day of
each month in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2004, which shall be the
maximum amount available for payment pursuant to section 417 of
Public Law 98-76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board
for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $100,000,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, as amended, not more than
$6,363,000, to be derived from the railroad retirement accounts
and railroad unemployment insurance account: Provided, That
none of the funds made available in any other paragraph of this
Act may be transferred to the Office; used to carry out any
such transfer; used to provide any office space, equipment,
office supplies, communications facilities or services,
maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any
personnel of the Office; used to pay any other operating
expense ofthe Office; or used to reimburse the Office for any
service provided, or expense incurred, by the Office.
Social Security Administration
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided
under sections 201(m), 228(g), and 1131(b)(2) of the Social
Security Act, $20,400,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, $300,177,000, to remain available until
expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Federal
Mine Safety and Health Act of 1977, for costs incurred in the
current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV of the Federal
Mine Safety and Health Act of 1977 for the first quarter of
fiscal year 2004, $97,000,000, to remain available until
expended.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section 201(g)(1)
of the Social Security Act, $23,914,392,000, to remain
available until expended: Provided, That any portion of the
funds provided to a State in the current fiscal year and not
obligated by the State during that year shall be returned to
the Treasury.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the current
fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2004,
$11,080,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$7,825,000,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to therein: Provided, That not less
than $1,800,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2003
not needed for fiscal year 2003 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to section 7131
of title 5, United States Code, and for facilities or support
services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are
made.
In addition, $111,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2003 exceed $111,000,000, the amounts shall be
available in fiscal year 2004 only to the extent provided in
advance in appropriations Acts.
From funds previously appropriated for this purpose, any
unobligated balances at the end of fiscal year 2002 shall be
available to continue Federal-State partnerships which will
evaluate means to promote Medicare buy-in programs targeted to
elderly and disabled individuals under titles XVIII and XIX of
the Social Security Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $21,000,000, together with not to exceed
$62,000,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
Provided, That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House and
Senate.
United States Institute of Peace
OPERATING EXPENSES
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $16,362,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act: Provided, That
such transferred balances are used for the same purpose, and
for the same periods of time, for which they were originally
appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use
of any kit, pamphlet, booklet, publication, radio, television,
or video presentation designed to support or defeat legislation
pending before the Congress or any State legislature, except in
presentation to the Congress or any State legislature itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, related
to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and $20,000,
respectively, from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $5,000 from the funds available for ``Salaries
and expenses, Federal Mediation and Conciliation Service''; and
the Chairman of the National Mediation Board is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from funds available for
``Salaries and expenses, National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry out
any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
Sec. 506. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in
this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the
Congress.
(c) If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United
States that is not made in the United States, the person shall
be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 507. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this
Act, including but not limited to State and local governments
and recipients of Federal research grants, shall clearly state:
(1) the percentage of the total costs of the program or project
which will be financed with Federal money; (2) the dollar
amount of Federal funds for the project or program; and (3)
percentage and dollar amount of the total costs of the project
or program that will be financed by non-governmental sources.
Sec. 508. (a) None of the funds appropriated under this
Act, and none of the funds in any trust fund to which funds are
appropriated under this Act, shall be expended for any
abortion.
(b) None of the funds appropriated under this Act, and none
of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
Sec. 509. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of
rape or incest; or
(2) in the case where a woman suffers from a
physical disorder, physical injury, or physical
illness, including a life-endangering physical
condition caused by or arising from the pregnancy
itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than a
State's or locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
Sec. 510. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for
research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research
on fetuses in utero under 45 CFR 46.208(a)(2) and
section 498(b) of the Public Health Service Act (42
U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 511. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established by section 202
of the Controlled Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if--
(1) such entity is otherwise a contractor with the
United States and is subject to the requirementin
section 4212(d) of title 38, United States Code, regarding submission
of an annual report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such entity.
Sec. 513. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act (42 U.S.C. 1320d-2(b))
providing for, or providing for the assignment of, a unique
health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until
legislation is enacted specifically approving the standard.
Sec. 514. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 515. Section 1708 of the United States Institute of
Peace Act (22 U.S.C. 4607) is amended in subsection (g), by
striking ``on or before December 31, 1970''.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2003''.
DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS, 2003
Making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Legislative
Branch for the fiscal year ending September 30, 2003, and for
other purposes, namely:
TITLE I--LEGISLATIVE BRANCH APPROPRIATIONS
SENATE
Payment to Widows and Heirs of Deceased Members of Congress
For a payment to Paul David Wellstone, Jr., son of Paul
David Wellstone, late a Senator from Minnesota, $50,000; Mark
D. Wellstone, son of Paul David Wellstone, late a Senator from
Minnesota, $50,000; and Michael Kerner, Guardian of the Estate
of Joshua Kerner, for Joshua Kerner, minor, son of Marcia
Wellstone Markuson, deceased, daughter of Paul David Wellstone,
late a Senator from Minnesota, $50,000.
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $20,000; Majority Leader
of the Senate, $20,000; Minority Leader of the Senate, $20,000;
Majority Whip of the Senate, $10,000; Minority Whip of the
Senate, $10,000; President Pro Tempore emeritus, $7,500;
Chairmen of the Majority and Minority Conference Committees,
$5,000 for each Chairman; and Chairmen of the Majority and
Minority Policy Committees, $5,000 for each Chairman; in all,
$127,500.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all,
$30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$117,041,000, which shall be paid from this appropriation
without regard to the following limitations:
OFFICE OF THE VICE PRESIDENT
For the Office of the Vice President, $1,949,000.
OFFICE OF THE PRESIDENT PRO TEMPORE
For the Office of the President Pro Tempore, $518,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore emeritus,
$150,000.
OFFICES OF THE MAJORITY AND MINORITY LEADERS
For Offices of the Majority and Minority Leaders,
$3,094,000.
OFFICES OF THE MAJORITY AND MINORITY WHIPS
For Offices of the Majority and Minority Whips, $2,042,000.
COMMITTEE ON APPROPRIATIONS
For salaries of the Committee on Appropriations,
$11,266,000.
CONFERENCE COMMITTEES
For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,305,000 for each such
committee; in all, $2,610,000.
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY AND THE
CONFERENCE OF THE MINORITY
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $648,000.
POLICY COMMITTEES
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,362,000 for each such committee;
in all, $2,724,000.
OFFICE OF THE CHAPLAIN
For Office of the Chaplain, $315,000.
OFFICE OF THE SECRETARY
For Office of the Secretary, $17,079,000.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
For Office of the Sergeant at Arms and Doorkeeper,
$43,161,000.
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,410,000.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES
For agency contributions for employee benefits, as
authorized by law, and related expenses, $30,075,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $4,581,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,176,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$3,000; Sergeant at Arms and Doorkeeper of the Senate, $3,000;
Secretary for the Majority of the Senate, $3,000; Secretary for
the Minority of the Senate, $3,000; in all, $12,000.
Contingent Expenses of the Senate
INQUIRIES AND INVESTIGATIONS
For expenses of inquiries and investigations ordered by the
Senate, or conducted under section 134(a) of Public Law 601,
Seventy-ninth Congress section 112 of Public Law 96-304 and
Senate Resolution 281, agreed to March 11, 1980, $109,450,000.
EXPENSES OF THE UNITED STATES SENATE CAUCUS ON INTERNATIONAL NARCOTICS
CONTROL
For expenses of the United States Senate Caucus on
International Narcotics Control, $520,000.
SECRETARY OF THE SENATE
For expenses of the Office of the Secretary of the Senate,
$7,077,000, of which $5,000,000 shall remain available until
September 30, 2007.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $114,423,000, of which $9,570,000
shall remain available until September 30, 2005, and of which
$13,574,000 shall remain available until September 30, 2007.
MISCELLANEOUS ITEMS
For miscellaneous items, $18,355,500, of which up to
$500,000 shall be made available for a pilot program for
mailings of postal patron postcards by Senators for the purpose
of providing notice of a town meeting by a Senator in a county
(or equivalent unit of local government) with a population of
less than 250,000 and at which the Senator will personally
attend: Provided, That any amount allocated to a Senator for
such mailing shall not exceed 50 percent of the cost of the
mailing and the remaining cost shall be paid by the Senator
from other funds available to the Senator: Provided further,
That not later than October 31, 2003, the Sergeant at Arms and
Doorkeeper of the Senate shall submit a report to the Committee
on Rules and Administration and Committee on Appropriations of
the Senate on the results of the program.
SENATORS' OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT
For Senators' Official Personnel and Office Expense
Account, $294,545,000.
OFFICIAL MAIL COSTS
For expenses necessary for official mail costs of the
Senate, $300,000.
ADMINISTRATIVE PROVISIONS
Sec. 1. (a) Section 111 of title 3, United States Code, is
amended by striking ``$10,000'' and inserting ``$20,000''.
(b) The matter under the subheading ``expense allowances of
the vice president, president pro tempore, majority and
minority leaders and majority and minority whips'' under the
heading ``LEGISLATIVE BRANCH'' under chapter VI of title I of
the Second Supplemental Appropriations Act, 1978 (Public Law
95-355; 92 Stat. 532) is amended--
(1) in the second sentence (2 U.S.C. 31a-1)
(relating to the Majority and Minority Leaders of the
Senate) by striking ``$10,000'' and inserting
``$20,000''; and
(2) in the third sentence (2 U.S.C. 32b) (relating
to the President pro tempore) by striking ``$10,000''
and inserting ``$20,000''.
(c) The matter under the subheading ``expense allowances of
the vice president, the president pro tempore, majority and
minority leaders, and majority and minority whips'' under the
heading ``LEGISLATIVE BRANCH'' under chapter IX of title I of
the Supplemental Appropriations Act, 1983 (2 U.S.C. 31a-1;
Public Law 98-63; 97 Stat. 333) (relating to the Majority and
Minority Whips) is amended by striking ``not exceed $5,000''
and inserting ``not exceed $10,000''.
(d) The matter under the subheading ``Expense Allowances of
the Vice President, the President pro tempore, Majority and
Minority Leaders, the Majority and Minority Whips, and the
Chairmen of the Majority and Minority Conference Committees''
under the heading ``LEGISLATIVE BRANCH'' under chapter IX of
title I of the Supplemental Appropriations Act, 1985 (2 U.S.C.
31a-3; Public Law 99-88; 99 Stat. 348) (relating to the
Chairmen of the Majority and Minority Conference Committees) is
amended by striking ``not exceed $3,000'' and inserting ``not
exceed $5,000''.
(e) Section 5 of title I of the Legislative Branch
Appropriations Act, 2001, as enacted into law by section 1(a)
of Public Law 106-554 (2 U.S.C. 31a-4; 114 Stat. 2763A-97)
(relating to the Chairmen of the Majority and Minority Policy
Committees) is amended by striking ``$3,000'' and inserting
``$5,000''.
(f) The amendments made by this section shall apply to
fiscal year 2003 and each fiscal year thereafter.
Sec. 2. (a) The matter under the subheading ``stationery
(revolving fund)'' under the heading ``Contingent Expenses of
the Senate'' under the heading ``LEGISLATIVE BRANCH'' under
chapter VII of title I of the Second Supplemental
Appropriations Act, 1975 (2 U.S.C. 46a; Public Law 94-32; 89
Stat. 182) is amended by striking ``$4,500'' and inserting
``$8,000''.
(b) The amendment made by this section shall apply to
fiscal year 2003 and each fiscal year thereafter.
Sec. 3. Effective on and after October 1, 2002, each of the
dollar amounts contained in the table under section
105(d)(1)(A) of the Legislative Branch Appropriations Act, 1968
(2 U.S.C. 61-1(d)(1)(A)) shall be deemed to be the dollar
amounts in that table, as adjusted by law and in effect on
September 30, 2002, increased by an additional $50,000 each.
Sec. 4. Public Safety Exception to Inscriptions Requirement
on Mobile Offices. (a) In General.--Section 3(f)(3) under the
subheading ``administrative provisions'' under the heading
``SENATE'' in the Legislative Branch Appropriation Act, 1975 (2
U.S.C. 59(f)(3)) is amended by adding at the end the following
flush sentence:
``The Committee on Rules and Administration of the Senate may
prescribe regulations to waive or modify the requirement under
subparagraph (B) if such waiver or modification is necessary to
provide for the public safety of a Senator and the Senator's
staff and constituents.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of enactment of this Act and
apply to fiscal year 2003 and each fiscal year thereafter.
Sec. 5. Multi-year Contracting Authority. (a) Subject to
regulations prescribed by the Committee on Rules and
Administration of the Senate, the Secretary and the Sergeant at
Arms and Doorkeeper of the Senate may--
(1) enter into contracts for the acquisition of
severable services for a period that begins in one
fiscal year and ends in the next fiscal year to the
same extent and under the same conditions as the head
of an executive agency under the authority of section
303L of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253l); and
(2) enter into multiyear contracts for the
acquisition of property and services to the same extent
and under the same conditions as the head of an
executive agency under the authority of section 304B of
the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 254c).
(b) This section shall take effect on October 1, 2002, and
shall apply in fiscal year 2003 and successive fiscal years.
Sec. 6. Consultants. (a) In General.--Section 101 of the
Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6) is
amended--
(1) in subsection (a), in the first sentence by
striking ``six individual consultants'' and inserting
``eight individual consultants''; and
(2) by adding at the end the following:
``(C) Each appointing authority under subsection (a) may
designate the title of the position of any individual appointed
under that subsection.''.
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 7. Office of the President Pro Tempore Emeritus of the
Senate. (a) Establishment.--There is established the Office of
the President pro tempore emeritus of the Senate.
(b) Designation.--Any Member of the Senate who--
(1) is designated by the Senate as the President
pro tempore emeritus of the United States Senate; and
(2) is serving as a Member of the Senate,
shall be the President pro tempore emeritus of the United
States Senate.
(c) Appointment and Compensation of Employees.--The
President pro tempore emeritus is authorized to appoint and fix
the compensation of such employees as the President pro tempore
emeritus determines appropriate.
(d) Expense Allowance.--There is authorized an expense
allowance for the President pro tempore emeritus which shall
not exceed $7,500 each fiscal year. The President pro tempore
emeritus may receive the expense allowance (1) as reimbursement
for actual expenses incurred upon certification and
documentation of such expenses by the President pro tempore
emeritus, or (2) in equal monthly payments. Such amounts paid
to the President pro tempore emeritus as reimbursement of
actual expenses incurred upon certification and documentation
under this subsection, shall not be reported as income, and the
expenses so reimbursed shall not be allowed as a deduction
under the Internal Revenue Code of 1986.
(e) Effective Date.--This section shall take effect on the
date of enactment of this Act and shall apply only with respect
to the 108th Congress.
Sec. 8. Administration of Across-the-Board Reduction. In
the administration of section 601 of title VI of division N of
this Act, with respect to the budget authority provided under
the heading ``Senate'' under this title--
(1) the percentage rescission under subsection (a)
of that section shall apply to the total amount of all
funds appropriated under that heading; and
(2) the rescission may be applied without regard to
subsection (b) of that section.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$956,086,000, as follows:
HOUSE LEADERSHIP OFFICES
For salaries and expenses, as authorized by law,
$16,530,000, including: Office of the Speaker, $1,979,000,
including $25,000 for official expenses of the Speaker; Office
of the Majority Floor Leader, $1,899,000, including $10,000 for
official expenses of the Majority Leader; Office of the
Minority Floor Leader, $2,309,000, including $10,000 for
official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,624,000, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the Chief
Deputy Minority Whip, $1,214,000, including $5,000 for official
expenses of the Minority Whip; Speaker's Office for Legislative
Floor Activities, $446,000; Republican Steering Committee,
$834,000; Republican Conference, $1,397,000; Democratic
Steering and Policy Committee, $1,490,000; Democratic Caucus,
$741,000; nine minority employees, $1,337,000; training and
program development--majority, $290,000; training and program
development--minority, $290,000; Cloakroom Personnel--majority,
$340,000; and Cloakroom Personnel--minority, $340,000.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$476,536,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $103,421,000:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2004.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $24,200,000, including studies and examinations
of executive agencies and temporary personal services for such
committee, to be expended in accordance with section 202(b) of
the Legislative Reorganization Act of 1946 and to be available
for reimbursement to agencies for services performed: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2004.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $152,027,000, including: for salaries and
expenses of the Office of the Clerk, including not more than
$13,000, of which not more than $10,000 is for the Family Room,
for official representation and reception expenses,
$20,032,000, of which $2,500,000 shall remain available until
expended; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of
Garages, and including not more than $3,000 for official
representation and reception expenses, $5,097,000; for salaries
and expenses of the Office of the Chief Administrative Officer,
$105,363,000, of which $7,693,000 shall remain available until
expended; for salaries and expenses of the Office of the
Inspector General, $3,947,000; for salaries and expenses of the
Office of Emergency Planning, Preparedness and Operations,
$6,000,000, to remain available until expended; for salaries
and expenses of the Office of General Counsel, $894,000; for
the Office of the Chaplain, $149,000; for salaries and expenses
of the Office of the Parliamentarian, including the
Parliamentarian and $2,000 for preparing the Digest of Rules,
$1,464,000; for salaries and expenses of the Office of the Law
Revision Counsel of the House, $2,168,000; for salaries and
expenses of the Office of the Legislative Counsel of the House,
$5,852,000; for salaries and expenses of the Corrections
Calendar Office, $915,000; and for other authorized employees,
$146,000: Provided, That of the amounts provided under this
heading to the Office of the Chief Administrative Officer, up
to $660,000 may be transferred to the Office of the Architect
of the Capitol, subject to the approval of the Committee on
Appropriations of the House of Representatives.
ALLOWANCES AND EXPENSES
For allowances and expenses as authorized by House
resolution or law, $183,372,000, including: supplies,
materials, administrative costs and Federal tort claims,
$3,384,000; official mail for committees, leadership offices,
and administrative offices of the House, $410,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $178,888,000; and
miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles,
interparliamentary receptions, and gratuities to heirs of
deceased employees of the House, $690,000.
CHILD CARE CENTER
For salaries and expenses of the House of Representatives
Child Care Center, such amounts as are deposited in the account
established by section 312(d)(1) of the Legislative Branch
Appropriations Act, 1992 (40 U.S.C. 184g(d)(1)), subject to the
level specified in the budget of the Center, as submitted to
the Committee on Appropriations of the House of
Representatives.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or
To Reduce the Federal Debt.--Notwithstanding any other
provision of law, any amounts appropriated under this Act for
``HOUSE OF REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2003. Any amount remaining after all payments are
made under such allowances for fiscal year 2003 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in, or
a Delegate or Resident Commissioner to, the Congress.
Sec. 102. (a) There is hereby established in the Treasury
of the United States a revolving fund for the House of
Representatives to be known as the Net Expenses of Equipment
Revolving Fund (hereafter in this section referred to as the
``Revolving Fund''), consisting of funds deposited by the Chief
Administrative Officer of the House of Representatives from
amounts provided by offices of the House of Representatives to
purchase, lease, obtain, and maintain the equipment located in
such offices, and amounts provided by Members of the House of
Representatives (including Delegates and Resident Commissioners
to the Congress) to purchase, lease, obtain, and maintain
furniture for their district offices.
(b) Amounts in the Revolving Fund shall be used by the
Chief Administrative Officer without fiscal year limitation to
purchase, lease, obtain, and maintain equipment for offices of
the House of Representatives and furniture for the district
offices of Members of the House of Representatives (including
Delegates and Resident Commissioners to the Congress).
(c) The Revolving Fund shall be treated as a category of
allowances and expenses for purposes of section 101(a) of the
Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(a)).
(d) This section shall apply with respect to fiscal year
2003 and each succeeding fiscal year, except that for purposes
of making deposits into the Revolving Fund under subsection
(a), the Chief Administrative Officer may deposit amounts
provided by offices of the House of Representatives during
fiscal year 2002 or any succeeding fiscal year.
Sec. 103. Effective with respect to fiscal year 2003 and
each succeeding fiscal year, any amount received by House
Information Resources from any office of the House of
Representatives as reimbursement for services provided shall be
deposited in the Treasury for credit to the account of the
Office of the Chief Administrative Officer of the House of
Representatives.
Sec. 104. Section 3709 of the Revised Statutes of the
United States (41 U.S.C. 5) does not apply to purchases and
contracts for supplies or services for any office of the House
of Representatives in any fiscal year.
Sec. 105. (a) Establishment.--The Chief Administrative
Officer shall establish a program under which an employing
office of the House of Representatives may agree to repay (by
direct payment on behalf of the employee) any student loan
previously taken out by an employee of the office. For purposes
of this section, a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress)
shall not be considered to be an employee of the House of
Representatives.
(b) Regulations.--The Committee on House Administration
shall promulgate such regulations as may be necessary to carry
out the program under this section.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the program under this section during fiscal year 2003 and each
succeeding fiscal year.
PROGRAM TO INCREASE EMPLOYMENT OPPORTUNITIES IN HOUSE OF
REPRESENTATIVES FOR INDIVIDUALS WITH DISABILITIES
Sec. 106. (a) In General.--In order to promote an increase
in opportunities for individuals with disabilities to provide
services to the House of Representatives, the Chief
Administrative Officer of the House of Representatives is
authorized to--
(1) enter into 1 or more contracts with
nongovernmental entities to provide for the performance
of services for offices of the House of Representatives
by individuals with disabilities who are employees of,
or under contract with, such entities; and
(2) provide reasonable accommodations, including
assistive technology devices and assistive technology
services, to enable such individuals to perform such
services under such contracts.
(b) Elements of Program.--The Chief Administrative Officer
of the House of Representatives, in entering into any contract
under subsection (a), shall seek to ensure that--
(1) traditional and nontraditional outreach efforts
are used to attract individuals with disabilities for
educational benefit and employment opportunities in the
House;
(2) the non-governmental entity provides adequate
education and training for individuals with
disabilities to enhance such employment opportunities;
and
(3) efforts are made to educate employing offices
in the House about opportunities to employ individuals
with disabilities.
(c) Funding.--There are authorized to be appropriated from
the applicable accounts of the House of Representatives
$500,000 to carry out this section for each of the fiscal years
2003 through 2007.
Sec. 107. (a) At any time on or after the date of the
enactment of this Act, the Chief Administrative Officer of the
House of Representatives may incur obligations and make
expenditures out of available appropriations for meals,
refreshments, and other support and maintenance for Members,
officers, and employees of the House of Representatives when,
in the judgment of the Chief Administrative Officer, such
obligations and expenditures are necessary to respond to
emergencies involving the safety of human life or the
protection of property.
(b) Nothing in this section may be construed to affect any
other authority of the Chief Administrative Officer to incur
obligations and make expenditures for the items and services
described in subsection (a) for Members, officers, and
employees of the House of Representatives.
Sec. 108. (a) Section 312(d) of the Legislative Branch
Appropriations Act, 1992 (2 U.S.C. 2112(d)), is amended--
(1) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new
paragraph:
``(3) The House of Representatives shall make payments from
amounts provided in appropriations acts for salaries and
expenses of the Office of the Chief Administrative Officer for
the following activities carried out under this section:
``(A) The payment of the salary of the director of
the center.
``(B) The reimbursement of individuals employed by
the center for the cost of training classes and
conferences in connection with the provision of child
care services, together with the cost of travel
(including transportation and subsistence) incurred in
connection with such classes and conferences.''.
(b) The amendment made by subsection (a) shall apply with
respect to fiscal year 2003 and each succeeding fiscal year.
Sec. 109. (a) Section 101 of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 95b) is amended by striking
``upon approval of the Committee on Appropriations of the House
of Representatives'' each place it appears and inserting the
following: ``effective upon the expiration of the 21-day period
(or such alternative period that may be imposed by the
Committee on Appropriations of the House of Representatives)
which begins on the date such Committee has been notified of
the transfer''.
(b) The amendment made by subsection (a) shall apply with
respect to fiscal year 2003 and each succeeding fiscal year.
Sec. 110. (a) Section 202(b)(5) of the 21st Century
Department of Justice Appropriations Authorization Act (Public
Law 107-273; 116 Stat. 1775) is amended to read as follows:
``(5) Section 101(b) of the Legislative Branch
Appropriations Act, 2000 (2 U.S.C. 130f(b)) is amended
by striking `with respect to any proceeding' and all
that follows and inserting `as required by section 530D
of title 28, United States Code.'.''.
(b) Section 712(b) of the Ethics in Government Act of 1978
(2 U.S.C. 288k(b)), as amended by section 202(b)(2) of the 21st
Century Department of Justice Appropriations Authorization Act,
is amended by inserting ``, United States Code'' after ``title
28''.
(c) The amendments made by this section shall take effect
as if included in the enactment of the 21st Century Department
of Justice Appropriations Authorization Act.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$3,658,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $7,643,000, to be disbursed by the Chief
Administrative Officer of the House.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including: (1) an allowance of $2,175 per month to
the Attending Physician; (2) an allowance of $725 per month
each to four medical officers while on duty in the Office of
the Attending Physician; (3) an allowance of $725 per month to
two assistants and $580 per month each not to exceed 11
assistants on the basis heretofore provided for such
assistants; and (4) $1,414,000 for reimbursement to the
Department of the Navy for expenses incurred for staff and
equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $3,000,000, of which
$300,000 shall remain available until expended, to be disbursed
by the Chief Administrative Officer of the House of
Representatives.
Capitol Guide Service and Special Services Office
For salaries and expenses of the Capitol Guide Service and
Special Services Office, $3,035,000, to be disbursed by the
Secretary of the Senate: Provided, That no part of such amount
may be used to employ more than 58 individuals: Provided
further, That the Capitol Guide Board is authorized, during
emergencies, to employ not more than two additional individuals
for not more than 120 days each, and not more than 10
additional individuals for not more than 6 months each, for the
Capitol Guide Service.
Statements of Appropriations
For the preparation, under the direction of the Committees
on Appropriations of the Senate and the House of
Representatives, of the statements for the second session of
the One Hundred Seventh Congress, showing appropriations made,
indefinite appropriations, and contracts authorized, together
with a chronological history of the regular appropriations
bills as required by law,$30,000, to be paid to the persons
designated by the chairmen of such committees to supervise the work.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay differential, and Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $175,675,000, to be
disbursed by the Chief of the Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services, the
employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and reception
expenses, $28,100,000, of which $1,400,000 shall remain
available until expended, to be disbursed by the Chief of the
Capitol Police or his designee: Provided, That, notwithstanding
any other provision of law, the cost of basic training for the
Capitol Police at the Federal Law Enforcement Training Center
for fiscal year 2003 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland
Security.
Administrative Provisions
(INCLUDING TRANSFER OF FUNDS)
Sec. 1001. Transfer Authority.--Amounts appropriated for
fiscal year 2003 for the Capitol Police may be transferred
between the headings ``salaries'' and ``general expenses'' upon
the approval of the Committees on Appropriations of the Senate
and the House of Representatives.
Sec. 1002. Capitol Police Contract Authority. (a) In
General.--The United States Capitol Police may--
(1) enter into contracts for the acquisition of
severable services for a period that begins in 1 fiscal
year and ends in the next fiscal year to the same
extent as the head of an executive agency under the
authority of section 303L of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253l);
and
(2) enter into multiyear contracts for the
acquisitions of property and nonaudit-related services
to the same extent as executive agencies under the
authority of section 304B of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254c).
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 1003. Disposal of Surplus Property. (a) In General.--
Within the limits of available appropriations, the Capitol
Police may dispose of surplus or obsolete property of the
Capitol Police by interagency transfer, donation, sale, trade-
in, or other appropriate method.
(b) Amounts Received.--Any amounts received by the Capitol
Police from the disposition of property under subsection (a)
shall be credited to the account established for the general
expenses of the Capitol Police, and shall be available to carry
out the purposes of such account during the fiscal year in
which the amounts are received and the following fiscal year.
(c) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 1004. Recruitment and Relocation Bonuses. Section 909
of the Emergency Supplemental Act, 2002 (Public Law 107-117;
115 Stat. 2320) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``the
Board determines that the Capitol Police would
be likely, in the absence of such a bonus, to
encounter difficulty in filling the position''
and inserting ``the Chief, in the Chief's sole
discretion, determines that such a bonus will
assist the Capitol Police in recruitment
efforts''; and
(B) by adding at the end the following:
``(6) Determination not appealable or reviewable.--
Any determination of the Chief under this subsection
shall not be appealable or reviewable in any manner.'';
(2) by striking subsections (e) and (f)(2); and
(3) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
Sec. 1005. Recruitment of Individuals Without Regard to
Age. (a) In General.--The Chief of the Capitol Police shall
carry out any activities and programs to recruit individuals to
serve as members of the Capitol Police without regard to the
age of the individuals.
(b) Rule of Construction.--Nothing in this subsection may
be construed to affect any provision of law of any rule or
regulation providing for the mandatory separation of members of
the Capitol Police on the basis of age, or any provision of law
or any rule or regulation regarding the calculation of
retirement or other benefits for members of the Capitol Police.
Sec. 1006. Retention Allowances. Section 909(b) of the
Emergency Supplemental Act, 2002 (Public Law 107-117; 115 Stat.
2320) is amended--
(1) in paragraph (1)--
(A) by striking subparagraphs (A) and (B);
and
(B) by striking ``if--'' and inserting ``if
the Chief, in the Chief's sole discretion,
determines that such a bonus will assist the
Capitol Police in retention efforts.''; and
(2) in paragraph (3), by striking ``the reduction
or the elimination of a retention allowance may not be
appealed'' and inserting ``any determination of the
Chief under this subsection, or the reduction or
elimination of a retention allowance, shall not be
appealable or reviewable in any manner''.
Sec. 1007. Educational Assistance Program. Section 908 of
the Emergency Supplemental Act, 2002 (2 U.S.C. 1924; Public Law
107-117; 115 Stat. 2319) is amended to read as follows:
``EDUCATIONAL ASSISTANCE PROGRAM FOR EMPLOYEES
``Sec. 908. (a) Establishment.--In order to recruit or
retain qualified personnel, the Chief of the Capitol Police may
establish an educational assistance program for employees of
the Capitol Police under which the Capitol Police may agree--
``(1) to repay (by direct payments on behalf of the
participating employee) all or any portion of a student
loan previously taken out by the employee;
``(2) to make direct payments to an educational
institution on behalf of a participating employee or to
reimburse a participating employee for all or any
portion of any tuition or related educational expenses
paid by the employee.
``(b) Special Rules For Student Loan Repayments.--
``(1) Application of regulations under executive
branch program.--In carrying out subsection (a)(1), the
Chief of the Capitol Police may, by regulation, make
applicable such provisions of section 5379 of title 5,
United States Code, as the Chief determines necessary
to provide for such program.
``(2) Restrictions on prior reimbursements.--The
Capitol Police may not reimburse any individual under
subsection (a)(1) for any repayments made by the
individual prior to entering into an agreement with the
Capitol Police to participate in the program under this
section.
``(3) Use of recovered amounts.--Any amount repaid
by, or recovered from, an individual under subsection
(a)(1) and its implementing regulations shall be
credited to the appropriation account available for
salaries or general expenses of the Capitol Police at
the time of repayment or recovery. Such credited amount
may be used for any authorized purpose of the account
and shall remain available until expended.
``(c) Limit on Amount of Payments.--The total amount paid
by the Capitol Police with respect to any individual under the
program under this section may not exceed $40,000.
``(d) No Review of Determinations.--Any determination made
under the program under this section shall not be reviewable or
appealable in any manner.
``(e) Effective Date.--This section shall apply with
respect to fiscal year 2003 and each succeeding fiscal year.''.
Sec. 1008. Applicable Pay Rate Upon Appointment. (a) In
General.--Notwithstanding any other provision of law, the rate
of basic pay payable to an individual upon appointment to a
position with the Capitol Police shall be at a rate within the
minimum and maximum pay rates applicable to the position.
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 1009. Overtime Compensation For Officers at Rank of
Lieutenant or Higher. (a) In General.--The Chief of the Capitol
Police may provide for the compensation of overtime work of
officers of the Capitol Police at the rank of lieutenant and
higher. Nothing in this subsection may be construed to affect
the compensation of overtime work of officers of the Capitol
Police at any rank not described in the previous sentence.
(b) Terms and Conditions.--In providing for the
compensation of overtime work under this section, the Chief
shall provide the compensation in the same manner and subject
to the same terms and conditions which are applicable to the
compensation of overtime work of officers and members of the
United States Secret Service Uniformed Division and the United
States Park Police who serve at the rank of lieutenant and
higher, in accordance with section 1 of the Act entitled ``An
Act to provide a 5-day week for officers and members of the
Metropolitan Police force, the United States Park Police force,
and the White House Police force, and for other purposes'',
approved August 15, 1950 (sec. 5-1304, D.C. Official Code).
Sec. 1010. Training Programs For Personnel. (a) In
General.--Chapter 41 of title 5, United States Code, is amended
by adding at the end the following new section:
``Sec. 4120. Training for employees of the Capitol Police
``(a) The Chief of the Capitol Police may, by regulation,
make applicable such provisions of this chapter as the Chief
determines necessary to provide for training of employees of
the Capitol Police. The regulations shall provide for training
which, in the determination of the Chief, is consistent with
the training provided by agencies under the preceding sections
of this chapter.
``(b) The Office of Personnel Management shall provide the
Chief of the Capitol Police with such advice and assistance as
the Chief may request in order to enable the Chief to carry out
the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for chapter
41 of such title is amended by adding at the end the following:
``4120. Training for employees of the Capitol Police.''.
Sec. 1011. Additional Compensation for Employees With
Specialty Assignments and Proficiencies. (a) Establishment of
Positions.--The Chief of the Capitol Police may establish and
determine, from time to time, positions in salary classes of
employees of the Capitol Police to be designated as employees
with specialty assignments or proficiencies, based on the
experience, education, training, or other appropriate factors
required to carry out the duties of such employees.
(b) Additional Compensation.--In addition to the regularly
scheduled rate of basic pay, each employee holding a position
designated under this section shall receive an amount
determined by the Chief, except that--
(1) such amount may not exceed 25 percent of the
employee's annual rate of basic pay; and
(2) such amount may not be paid in a calendar year
to the extent that, when added to the total basic pay
paid or payable to such employee for service performed
in the year, such amount would cause the total to
exceed the annual rate of basic pay payable for level
II of the Executive Schedule, as of the end of such
year.
(c) Manner of Payment.--The additional compensation
authorized by this subsection shall be paid to an employee in a
manner determined by the Chief or his designee except when the
employee ceases to be assigned to the specialty assignment or
ceases to maintain the required proficiency. The loss of such
additional compensation shall not constitute an adverse action
for any purpose.
(d) Determination Not Appealable or Reviewable.--Any
determination under section (a) shall not be appealable or
reviewable in any manner.
Sec. 1012. Application of Premium Pay Limits on Annualized
Basis. (a) In General.--Any limits on the amount of premium pay
which may be earned by officers and members of the Capitol
Police during emergencies (as determined by the Capitol Police
Board) shall be applied by the Chief of the Capitol Police on
an annual basis and not on a pay period basis. Any
determination under this subsection shall not be reviewable or
appealable in any manner.
(b) Effective Date.--Subsection (a) shall apply with
respect to hours of duty occurring on or after September 11,
2001.
Sec. 1013. (a) Subsection (c) of the first section of
Public Law 96-152 (2 U.S.C. 1902) is amended to read as
follows:
``(c) The annual rate of pay for the Chief of the Capitol
Police shall be the amount equal to $1,000 less than the lower
of the annual rate of pay in effect for the Sergeant-at-Arms of
the House of Representatives or the annual rate of pay in
effect for the Sergeant-at-Arms and Doorkeeper of the
Senate.''.
(b) Section 907(b) of the Emergency Supplemental Act, 2002
(2 U.S.C. 1901 note) is amended to read as follows:
``(b) The annual rate of pay for the Assistant Chief of the
Capitol Police shall be the amount equal to $1,000 less than
the annual rate of pay in effect for the Chief of the Capitol
Police.''.
(c) Section 108(a)(4) of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1903(a)(4)) is amended to
read as follows:
``(4) The annual rate of pay for the Chief
Administrative Officer shall be the amount equal to
$1,000 less than the annual rate of pay in effect for
the Chief of the Capitol Police.''.
(d) The amendments made by this section shall apply with
respect to the first pay period beginning on or after the date
of the enactment of this Act.
Sec. 1014. (a) Capitol Police Board; Composition;
Redefining Mission.--
(1) Purpose.--The purpose of the Capitol Police
Board is to oversee and support the Capitol Police in
its mission and to advance coordination between the
Capitol Police and the Sergeant at Arms of the House of
Representatives and the Sergeant at Arms and Doorkeeper
of the Senate, in their law enforcement capacities, and
the Congress. Consistent with this purpose, the Capitol
Police Board shall establish general goals and
objectives covering its major functions and operations
to improve the efficiency and effectiveness of its
operations.
(2) Composition.--The Capitol Police Board shall
consist of the Sergeant at Arms of the House of
Representatives, the Sergeant at Arms and Doorkeeper of
the Senate, the Chief of the Capitol Police, and the
Architect of the Capitol. The Chief of Capitol Police
shall serve in an ex-officio capacity and be a non-
voting member of the Board.
(b) Initial Review and Report.--Not later than 180 days
after the date of the enactment of this Act, the Capitol Police
Board shall--
(1) examine the mission of the Capitol Police Board
and, based on that analysis, redefine the Capitol
Police Board's mission, mission-related processes, and
administrative processes;
(2) conduct an assessment of the effectiveness and
usefulness of its statutory functions in contributing
to the Capitol Police Board's ability to carry out its
mission and meet its goals, including an explanation of
the reasons for any determination that the statutory
functions are appropriate and advisable in terms of its
purpose, mission, and long-term goals; and
(3) submit to the Speaker and minority leader of
the House of Representatives and the President pro
tempore and minority leader of the Senate a report on
the results of its examination and assessment,
including recommendations for any legislation that the
Capitol Police Board considers appropriate and
necessary.
(c) Executive Assistant.--
(1) Establishment.--There shall be established in
the Capitol Police an Executive Assistant for the
Capitol Police Board to act as a central point for
communication and enhance the overall effectiveness and
efficiency of the Capitol Police Board's administrative
activities.
(2) Appointment.--The Executive Assistant shall be
appointed by the Chief of the Capitol Police in
consultation with the Sergeant at Arms of the House of
Representatives and the Sergeant at Arms and Doorkeeper
of the Senate.
(3) Duties.--The Executive Assistant shall be
assigned to, and report to, the Chairman of the Board.
The Executive Assistant shall assist the Capitol Police
Board in developing, documenting, and implementing a
clearly defined process for additional tasks assigned
to the Capitol Police Board under this section, and
shall perform any additional duties assigned by the
Capitol Police Board.
(d) Documentation.--
(1) Functions and processes.--The Capitol Police
Board shall document its functions and processes,
including its mission statement, policies, directives,
and operating procedures established or revised under
subsection (a)(1) or (b), and make such documentation
available for examination to the Speaker and minority
leader of the House of Representatives, the President
pro tempore and minority leader of the Senate, the
Chief of the Capitol Police, and the Comptroller
General.
(2) Meetings.--The Capitol Police Board shall
document Board meetings and make the documentation
available for distribution to the Speaker and minority
leader of the House of Representatives and the
President pro tempore and minority leader of the
Senate.
(e) Assistance of Comptroller General.--Upon request, the
Comptroller General shall provide assistance to the Capitol
Police Board in carrying out its responsibilities under this
subsection.
(f) References in Law; Effect on Other Laws.--(1) Any
reference in any law or resolution in effect as of the date of
the enactment of this Act to the ``Capitol Police Board'' shall
be deemed to refer to the Capitol Police Board as composed
under subsection (a)(2).
(2) Nothing in this section shall be construed to affect
the jurisdiction, powers, or prerogatives of the Capitol Police
Board or its individual members unless specifically provided
herein.
Sec. 1015. Transfer of Library of Congress Police to the
United States Capitol Police. (a) Transfer of Library of
Congress Police to the United States Capitol Police.--
(1) Transfer of personnel and functions.--There are
transferred to the United States Capitol Police--
(A) each Library of Congress Police
employee; and
(B) any functions performed under the first
section of the Act of August 4, 1950 (2 U.S.C.
167) and section 9 of that Act (2 U.S.C. 167h)
(as in effect immediately before the effective
date of this section).
(2) Effect on personnel.--
(A) Annual and sick leave.--Any annual or
sick leave to the credit of an individual
transferred under paragraph (1) shall be
transferred to the credit of that individual as
an employee of the United States Capitol
Police.
(B) Service performed for retirement
purposes.--For those Library of Congress Police
employees transferred under paragraph (1)(A),
any period of service performed by a Library of
Congress Police employee shall be deemed to be
service performed as a member of the United
States Capitol Police for purposes of chapters
83 and 84 of title 5, United States Code.
(C) Vacancies.--Notwithstanding any other
provision of law, upon the date of enactment of
this section and until completion of the
transfer under paragraph (1), vacancies in
Library of Congress police employee positions,
if filled, shall be filled in accordance with
the employment standards of the United States
Capitol Police, to the extent practicable as
determined by the Chief of the Capitol Police.
(3) Effective date of transfer of personnel and
functions.--Library of Congress employees transferred
to the United States Capitol Police under paragraph
(1)(A), and Library of Congress functions transferred
under paragraph (1)(B) shall be transferred to the
United States Capitol Police upon approval of the
Committees on Appropriations of the House and Senate
and the appropriate authorizing committees.
(b) Transition.--
(1) Implementation plan.--
(A) Plan.--Not later than 180 days after
the date of enactment of this section, the
Chief of the Capitol Police shall prepare and
submit to the appropriate committees of
Congress for approval, and to the Capitol
Police Board and the Librarian of Congress, a
plan--
(i) describing the policies and
procedures, and actions the Chief of
the Capitol Police will take in
implementing the transfer provisions
under this section;
(ii) establishing dates by which
Library of Congress personnel and
functions authorized to be transferred
under subsection (a)(1) shall be
transferred to the United States
Capitol Police;
(iii) in consultation with the
Librarian of Congress, providing for
the performance of law enforcement and
protection functions relating to the
buildings and grounds of the Library of
Congress, including collections
security, within the overall security
responsibilities of the United States
Capitol Police;
(iv) recommending legislative
changes needed to implement the
transfers under subsection (a)(1),
including--
(I) identifying options for
addressing how to apply United
States Capitol Police
retirement provisions to such
transferred personnel;
(II) identifying options
related to providing voluntary
separation incentives to
transferred personnel; and
(III) identifying options
to ensure the Librarian of
Congress maintains appropriate
authority to execute his
security responsibilities;
(v) detailing the mechanisms to be
used by the Chief of the Capitol Police
for ensuring that Library of Congress
employees transferred to the United
States Capitol Police under subsection
(a)(1) are not adversely affected by
the transfer with respect to pay;
(vi) addressing--
(I) how United States
Capitol Police training and
qualification requirements will
be applied to Library of
Congress employees transferred
under subsection (a)(1); and
(II) the overall training
needs of the merged police
force; and
(vii) providing an analysis of the
cost implications of implementing the
plan.
(2) Implementation report.--Not later than 1 year
after the date of enactment of this section, and
annually thereafter until the transfer is fully
implemented, the Chief of the Capitol Police shall
prepare and submit a report to the appropriate
committees of Congress, the Capitol Police Board, and
the Librarian of Congress, on the Chief of the Capitol
Police's progress in implementing the plan required in
paragraph (1)(A) of this subsection, including any
adjustments to cost estimates or legislative changes
needed to implement the provisions of this section.
(c) Definitions.--In this section--
(1) the term ``Act of August 4, 1950'' means the
Act entitled ``An Act relating to the policing of the
buildings and grounds of the Library of Congress'',
approved August 4, 1950 (2 U.S.C. 167 et seq.); and
(2) the term ``Library of Congress Police
employee''--
(A) means an employee of the Library of
Congress designated as police under the first
section of the Act of August 4, 1950 (2 U.S.C.
167) (as in effect immediately before the
effective date of this section); and
(B) does not include any civilian employee
performing police support functions.
(d) Effective Date.--Except as otherwise provided in this
section, this section shall take effect on the date of
enactment of this section.
Sec. 1016. Clarification of Authority of Capitol Police to
Police Botanic Garden. (a) Buildings.--Section 5101 of title
40, United States Code, is amended by inserting ``all buildings
on the real property described under section 5102(c) (including
the Administrative Building of the United States Botanic
Garden),'' after ``Capitol Power Plant,''.
(b) Grounds.--Section 5102 of title 40, United States Code,
is amended by adding at the end the following:
``(c) National Garden of the United States Botanic
Garden.--
``(1) In general.--Except as provided under
paragraph (2), the United States Capitol Grounds shall
include--
``(A) the National Garden of the United
States Botanic Garden;
``(B) all grounds contiguous to the
Administrative Building of the United States
Botanic Garden, including Bartholdi Park; and
``(C) all grounds bounded by the curblines
of First Street, Southwest on the east;
Washington Avenue, Southwest to its
intersection with Independence Avenue, and
Independence Avenue from such intersection to
its intersection with Third Street, Southwest
on the south; Third Street, Southwest on the
west; and Maryland Avenue, Southwest on the
north.
``(2) Maintenance and improvements.--
Notwithstanding subsections (a) and (b), jurisdiction
and control over the buildings on the grounds described
in paragraph (1) shall be retained by the Joint
Committee on the Library, and the Joint Committee on
the Library shall continue to be solely responsible for
the maintenance and improvement of the grounds
described in such paragraph.
``(3) Authority not limited.--Nothing in this
subsection shall limit the authority of the Architect
of the Capitol under section 307E of the Legislative
Branch Appropriations Act, 1989 (40 U.S.C. 216c).''.
(c) Technical and Conforming Amendment.--Section 9(a) of
the Act of July 31, 1946 (2 U.S.C. 1961(a)) is amended by
striking ``sections 193a to 193m, 212a, 212a-2, and 212b of
this title and regulations promulgated under section 212b of
this title,'' and inserting ``this Act (and regulations
promulgated under section 14 of this Act (2 U.S.C. 1969)), and
chapter 51 of title 40, United States Code,''.
(d) Effective Date.--The amendments made by this subsection
shall apply to fiscal year 2003 and each fiscal year
thereafter.
Sec. 1017. Capitol Police Special Officers. (a) In
General.--In the event of an emergency, as determined by the
Capitol Police Board or in a concurrent resolution of Congress,
the Chief of the Capitol Police may appoint--
(1) any law enforcement officer from any Federal
agency or State or local government agency made
available by that agency to serve as a special officer
of the Capitol Police within the authorities of the
Capitol Police in policing the Capitol buildings and
grounds; and
(2) any member of the uniformed services, including
members of the National Guard, made available by the
appropriate authority to serve as a special officer of
the Capitol Police within the authorities of the
Capitol Police in policing the Capitol buildings and
grounds.
(b) Conditions of Appointment.--An individual appointed as
a special officer under this section shall--
(1) serve without pay for service performed as a
special officer (other than pay received from the
applicable employing agency or service);
(2) serve as a special officer no longer than a
period specified at the time of appointment;
(3) not be a Federal employee by reason of service
as a special officer, except as provided under
paragraph (4); and
(4) shall be an employee of the Government for
purposes of chapter 171 of title 28, United States
Code, if that individual is acting within the scope of
his office or employment in service as a special
officer.
(c) Qualifications.--Any individual appointed under
subsection (a) shall be subject to--
(1) qualification requirements as the Chief of the
Capitol Police determines necessary; and
(2) approval by the Capitol Police Board.
(d) Reimbursement Agreements.--Nothing in this section
shall prohibit the Capitol Police from entering into an
agreement for the reimbursement of services provided under this
section with any Federal, State, or local agency.
(e) Any appointment under this section shall be subject to
initial approval by the Capitol Police Board and to final
approval by the Speaker of the House of Representatives (in
consultation with the Minority Leader of the House of
Representatives) and the President pro tempore of the Senate
(in consultation with the Minority Leader of the Senate),
acting jointly.
(f) Subject to approval by the Speaker of the House of
Representatives (in consultation with the Minority Leader of
the House of Representatives) and the President pro tempore of
the Senate (in consultation with the Minority Leader of the
Senate), acting jointly, the CapitolPolice Board may prescribe
regulations to carry out this section.
(g) Effective Date.--This section shall take effect on the
date of enactment of this Act and shall apply to fiscal year
2003 and each fiscal year thereafter.
Sec. 1018. Transfer of Disbursing Function. (a) In
General.--
(1) Disbursing officer.--The Chief of the Capitol
Police shall be the disbursing officer for the Capitol
Police. Any reference in any law or resolution before
the date of enactment of this section to funds paid or
disbursed by the Chief Administrative Officer of the
House of Representatives and the Secretary of the
Senate relating to the pay and allowances of Capitol
Police employees shall be deemed to refer to the Chief
of the Capitol Police.
(2) Transfer.--Any statutory function, duty, or
authority of the Chief Administrative Officer of the
House of Representatives or the Secretary of the Senate
as disbursing officers for the Capitol Police shall
transfer to the Chief of the Capitol Police as the
single disbursing officer for the Capitol Police.
(3) Continuity of function during transition.--
Until such time as the Chief notifies the Chief
Administrative Officer of the House of Representatives
and the Secretary of the Senate that systems are in
place for discharging the disbursing functions under
this subsection, the House of Representatives and the
Senate shall continue to serve as the disbursing
authority on behalf of the Capitol Police.
(b) Treasury Accounts.--
(1) Salaries.--
(A) In general.--There is established in
the Treasury of the United States a separate
account for the Capitol Police, into which
shall be deposited appropriations received by
the Chief of the Capitol Police and available
for the salaries of the Capitol Police.
(B) Transfer authority during transition.--
Until such time as the Chief notifies the Chief
Administrative Officer of the House of
Representatives and the Secretary of the Senate
that systems are in place for discharging the
disbursing functions under subsection (a), the
Chief shall have the authority to transfer
amounts in the account to the House of
Representatives and the Senate to the extent
necessary to enable the Chief Administrative
Officer of the House of Representatives and the
Secretary of the Senate to continue to serve as
the disbursing authority on behalf of the
Capitol Police pursuant to subsection (a)(3).
(2) General expenses.--There is established in the
Treasury of the United States a separate account for
the Capitol Police, into which shall be deposited
appropriations received by the Chief of the Capitol
Police and available for the general expenses of the
Capitol Police.
(c) Transfer of Funds, Assets, Accounts, Records, and
Authority.--
(1) In general.--The Chief Administrative Officer
of the House of Representatives and the Secretary of
the Senate are authorized and directed to transfer to
the Chief of the Capitol Police all funds, assets,
accounts, and copies of original records of the Capitol
Police that are in the possession or under the control
of the Chief Administrative Officer of the House of
Representatives or the Secretary of the Senate in order
that all such items may be available for the unified
operation of the Capitol Police. Any funds so
transferred shall be deposited in the Treasury accounts
established under subsection (b) and be available to
the Chief of the Capitol Police for the same purposes
as, and in like manner and subject to the same
conditions as, the funds prior to the transfer.
(2) Existing transfer authority.--Any transfer
authority existing before the date of enactment of this
Act granted to the Chief Administrative Officer of the
House of Representatives or the Secretary of the Senate
for salaries, expenses, and operations of the Capitol
Police shall be transferred to the Chief of the Capitol
Police.
(d) Unexpended Balances.--Except as may otherwise be
provided in law, the unexpended balances of appropriations for
the fiscal year 2003 and succeeding fiscal years that are
subject to disbursement by the Chief of the Capitol Police
shall be withdrawn as of September 30 of the fifth fiscal year
following the period or year for which provided. Unpaid
obligations chargeable to any of the balances so withdrawn or
appropriations for prior years shall be liquidated from any
appropriations for the same general purpose, which, at the time
of payment, are available for disbursement.
(e) Hiring Authority; Eligibility for Same Benefits as
House Employees.--
(1) Authority.--
(A) In general.--Subject to subparagraph
(B), the Chief of the Capitol Police, in
carrying out the duties of office, is
authorized to appoint, hire, discharge, and set
the terms, conditions, and privileges of
employment of employees of the Capitol Police,
subject to and in accordance with applicable
laws and regulations.
(B) Review and approval.--In carrying out
the authority under this paragraph, the Chief
of the Capitol Police shall be subject to the
following requirements:
(i) The appointment and termination
of any officer, member, or employee
shall be subject to the approval of the
Committee on House Administration of
the House of Representatives and the
Committee on Rules and Administration
of the Senate.
(ii) The promotion of any
noncivilian officer, member, or
employee to any rank higher than
Private First Class, and the promotion
of any civilian employee to any
position, shall be subject to the
approval of the Committees referred to
in clause (i).
(iii) The establishment of any new
position for officers, members, or
employeesshall be subject to the
approval of the Committees referred to in clause (i).
(2) Benefits.--Employees of the Capitol Police who
are appointed by the Chief under the authority of this
subsection shall be subject to the same type of
benefits (including the payment of death gratuities,
the withholding of debt, and health, retirement, Social
Security, and other applicable employee benefits) as
are provided to employees of the House of
Representatives, and any such individuals serving as
employees of the Capitol Police as of the date of
enactment of this Act shall be subject to the same
rules governing rights, protections, pay, and benefits
in effect immediately before such date until such rules
are changed under applicable laws or regulations.
(f) Worker's Compensation.--
(1) Account.--There shall be established a separate
account in the Capitol Police for purposes of making
payments for employees of the Capitol Police under
section 8147 of title 5, United States Code.
(2) Payments without fiscal year limitation.--
Notwithstanding any other provision of law, payments
may be made from the account established under
paragraph (1) of this subsection without regard to the
fiscal year for which the obligation to make such
payments is incurred.
(g) Effect on Existing Law.--
(1) In general.--The provisions of this section
shall not be construed to reduce the pay or benefits of
any employee of the Capitol Police whose pay was
disbursed by the Chief Administrative Officer of the
House of Representatives or the Secretary of the Senate
before the date of enactment of this Act.
(2) Superseding provisions.--All provisions of law
inconsistent with this section are hereby superseded to
the extent of the inconsistency.
(h) Conforming Amendments.--(1) Section 1821 of the Revised
Statutes of the United States (2 U.S.C. 1901) is amended by
striking the third sentence.
(2) Section 1822 of the Revised Statutes of the United
States (2 U.S.C. 1921) is repealed.
(3) Section 111 of title I of the Act entitled ``Making
supplemental appropriations for the fiscal year ending
September 30, 1977, and for other purposes'', approved May 4,
1977 (2 U.S.C. 64-3), is amended--
(A) by striking ``Secretary of the Senate'' and
inserting ``Chief of the Capitol Police''; and
(B) by striking ``United States Senate'' and
inserting ``Capitol Police''.
(i) Effective Date.--This section and the amendments made
by this section shall take effect on the date of enactment of
this Act and shall apply to fiscal year 2003 and each fiscal
year thereafter.
Sec. 1019. (a) Long Term Strategic Plan.--
(1) In general.--The Chief of the United States
Capitol Police, in consultation with the Comptroller
General, shall develop a long term strategic plan which
outlines the goals and objectives of the Capitol
Police.
(2) Annual update.--During the period in which the
strategic plan developed under this subsection is in
effect, the Chief shall annually update the plan.
(3) Period covered by plan.--The strategic plan
under this subsection shall cover the first 5 fiscal
years which begin after the plan is developed.
(b) Annual Performance Plan.--
(1) In general.--With respect to each year which is
covered by the strategic plan developed under
subsection (a), the Chief of the Capitol Police, in
consultation with the Comptroller General, shall
develop an annual performance plan for implementing the
goals and objectives of the strategic plan during the
year.
(2) Contents.--The annual performance plan
developed under this subsection for a year shall
include performance goals for each of the goals and
objectives of the strategic plan which apply during the
year, and shall include (to the extent practicable)
quantifiable performance measures for determining the
success of the Capitol Police in meeting each such
performance goal.
(3) Evaluation by comptroller general.--The
Comptroller General shall annually evaluate the
implementation of the plan and the extent to which the
Capitol Police have met the performance goals of the
plan, and shall provide the results of the evaluation
to the Capitol Police Board, the Committees on
Appropriations of the House of Representatives and
Senate, the Committee on House Administration of the
House of Representatives, and the Committee on Rules
and Administration of the Senate.
(c) Initial Action Plan.--Not later than 180 days after the
date of the enactment of this Act, the Chief of the Capitol
Police shall develop an initial action plan describing the
policies, procedures, and actions the Chief will carry out to
meet the requirements of this section and setting forth a
timetable for carrying out each such policy, procedure, and
action, and shall submit such plan (upon the approval of the
Capitol Police Board) to the Committees on Appropriations of
the House of Representatives and Senate, the Committee on House
Administration of the House of Representatives, and the
Committee on Rules and Administration of the Senate.
Sec. 1020. Deadline for Regulations. Not later than 60 days
after the date of the enactment of this Act, the Chief of the
Capitol Police shall promulgate any regulations required by
Sections 1004, 1006, 1007 and 1011 of this Act.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $2,059,000, of which $254,000
shall remain available until September 30, 2004: Provided, That
the Executive Director of the Office of Compliance may have the
authority, within the limits of available appropriations, to
dispose of surplus or obsolete personal property by interagency
transfer, donation, or discarding.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $3,000 to
be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $32,101,000, of which
not more than $100,000 is to remain available until September
30, 2006, for the acquisition and partial support for
implementation of a Central Financial Management System:
Provided, That no part of such amount may be used for the
purchase or hire of a passenger motor vehicle.
Administrative Provisions
Sec. 1101. (a) The Director of the Congressional Budget
Office may, by regulation, make applicable such provisions of
section 3396 of title 5, United States Code, as the Director
determines necessary to establish a program providing
opportunities for employees of the Office to engage in details
or other temporary assignments in other agencies, study, or
uncompensated work experience which will contribute to the
employees' development and effectiveness.
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 1102. (a) The Director of the Congressional Budget
Office may enter into agreements or contracts without regard to
section 3709 of the Revised Statutes of the United States (41
U.S.C. 5).
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for surveys
and studies in connection with activities under the care of the
Architect of the Capitol; for all necessary expenses for the
general and administrative support of the operations under the
Architect of the Capitol including the Botanic Garden;
electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the
Architect of the Capitol; including furnishings and office
equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or exchange,
maintenance, and operation of a passenger motor vehicle,
$59,343,000, of which $450,000 shall remain available until
September 30, 2007.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $32,094,000, of which $19,065,000
shall remain available until September 30, 2007.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $8,356,000, of which
$1,780,000 shall remain available until September 30, 2007.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision of
the Architect of the Capitol, $64,871,000, of which $21,600,000
shall remain available until September 30, 2007.
House Office Buildings
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $60,960,000, of which
$25,610,000 shall remain available until September 30, 2007.
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating, power
(including the purchase of electrical energy) and water and
sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds about
the same, Botanic Garden, Senate garage, and air conditioning
refrigeration not supplied from plants in any of such
buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water for
air conditioning for the Supreme Court Building, the Union
Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $102,286,000,
of which $61,739,000 shall remain available until September 30,
2007: Provided, That not more than $4,400,000 of the funds
credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year
2003.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $37,521,000, of which $18,014,000 shall
remain available until September 30, 2007 and $5,500,000 shall
remain available until expended.
Capitol Police Buildings and Grounds
(INCLUDING TRANSFER OF FUNDS)
For all necessary expenses for the maintenance, care, and
operation of buildings and grounds of the United States Capitol
Police, $23,900,000, of which $23,500,000 shall remain
available until September 30, 2007: Provided, That $22,000,000
of the amount provided is withheld from obligation subject to
the notification of the Committees on Appropriations of the
House of Representatives and Senate: Provided further, That any
amounts provided to the Architect of the Capitol prior to the
date of the enactment of this Act for maintenance, care, and
operation of buildings of the United States Capitol Police
which remain unobligated as of the date of the enactment of
this Act shall be transferred to the account under this
heading.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passengermotor vehicle;
all under the direction of the Joint Committee on the Library,
$6,103,000, of which $120,000 shall remain available until September
30, 2007: Provided, That this appropriation shall not be available for
any activities of the National Garden.
Administrative Provisions
Sec. 1201. Small Purchase Contracting Authority. (a) In
General.--Notwithstanding any other provision of law--
(1) section 3709 of the Revised Statutes of the
United States (41 U.S.C. 5) shall apply with respect to
purchases and contracts for the Architect of the
Capitol as if the reference to ``$25,000'' in paragraph
(1) of such section were a reference to ``$100,000'';
and
(2) the Architect may procure services, equipment,
and construction for security related projects in the
most efficient manner he determines appropriate.
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 1202. Multi-year Contract Authority. (a) In General.--
The Architect of the Capitol may--
(1) enter into contracts for the acquisition of
severable services for a period that begins in 1 fiscal
year and ends in the next fiscal year to the same
extent as the head of an executive agency under the
authority of section 303L of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253l);
and
(2) enter into multiyear contracts for the
acquisitions of property and nonaudit-related services
to the same extent as executive agencies under the
authority of section 304B of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254c).
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 1203. Deputy Architect of the Capitol/Chief Operating
Officer. (a) Establishment of Deputy Architect of the
Capitol.--There shall be a Deputy Architect of the Capitol who
shall serve as the Chief Operating Officer of the Office of the
Architect of the Capitol. The Deputy Architect of the Capitol
shall be appointed by the Architect of the Capitol and shall
report directly to the Architect of the Capitol and shall be
subject to the authority of the Architect of the Capitol. The
Architect of the Capitol shall appoint the Deputy Architect of
the Capitol not later than 90 days after the date of enactment
of this Act. The Architect of the Capitol shall consult with
the Comptroller General or his designee before making the
appointment.
(b) Qualifications.--The Deputy Architect of the Capitol
shall have strong leadership skills and demonstrated ability in
management, including in such areas as strategic planning,
performance management, worker safety, customer satisfaction,
and service quality.
(c) Responsibilities.--
(1) In general.--The Deputy Architect of the
Capitol shall be responsible to the Architect of the
Capitol for the overall direction, operation, and
management of the Office of the Architect of the
Capitol, including implementing the Office's goals and
mission; providing overall organization management to
improve the Office's performance; and assisting the
Architect of the Capitol in promoting reform, and
measuring results.
(2) Responsibilities.--The Deputy Architect's
responsibilities include--
(A) developing, implementing, annually
updating, and maintaining a long-term strategic
plan covering a period of not less than 5 years
for the Office of the Architect of the Capitol;
(B) developing and implementing an annual
performance plan that includes annual
performance goals covering each of the general
goals and objectives in the strategic plan and
including to the extent practicable
quantifiable performance measures for the
annual goals;
(C) proposing organizational changes and
staffing needed to carry out the Office of the
Architect of the Capitol's mission and
strategic and annual performance goals; and
(D) reviewing and directing the operational
functions of the Office of the Architect of the
Capitol.
(d) Additional Responsibilities.--The Architect of the
Capitol may delegate to the Deputy Architect such additional
duties as the Architect determines are necessary or
appropriate.
(e) Action Plan.--
(1) In general.--No later than 90 days after the
appointment, the Deputy Architect shall prepare and
submit to the Committees on Appropriations of the House
of Representatives and Senate and the Committee on
Rules and Administration of the Senate, an action plan
describing the policies, procedures, and actions the
Deputy Architect will implement and timeframes for
carrying out the responsibilities under this section.
(2) Action plan.--The action plan shall be--
(A) approved and signed by both the
Architect of the Capitol and the Deputy
Architect; and
(B) developed concurrently and consistent
with the development of a strategic plan.
(3) Additional senior positions.--Notwithstanding
section 108(a) of the Legislative Branch Appropriations
Act, 1991 (2 U.S.C. 1839), as amended by section 129(c)
of the Legislative Branch Appropriations Act, 2002, the
Architect of the Capitol may fix the rate of basic pay
for not more than 3 additional positions at a rate not
to exceed the highest total rate of pay for the Senior
Executive Service under subchapter VIII of chapter 53
of title 5, United States Code, for the locality
involved.
(f) Evaluation.--The General Accounting Office shall
evaluate annually the implementation of the action plan and
provide the results of the evaluation to the Architect of the
Capitol, the Committees on Appropriations of the House of
Representatives and Senate and the Committee on Rules and
Administration of the Senate.
(g) Removal.--The Deputy Architect of the Capitol may be
removed by the Architect of the Capitol for misconduct or
failure to meet performance goals set forth in the performance
agreement in subsection (i). Upon the removal of the Deputy
Architect of the Capitol, the Architect of the Capitol shall
immediately notify in writing the Committees on Appropriations
of the House of Representatives and Senate, and the Committee
on Rules and Administration of the Senate, stating the specific
reasons for the removal.
(h) Compensation.--The Deputy Architect of the Capitol
shall be paid at an annual rate of pay to be determined by the
Architect but not to exceed $1,500 less than the annual rate of
pay for the Architect of the Capitol.
(i) Annual Performance Report.--The Deputy Architect of the
Capitol shall prepare and transmit to the Architect of the
Capitol an annual performance report. This report shall contain
an evaluation of the extent to which the Office of the
Architect of the Capitol met its goals and objectives.
(j) Termination of Role.--As of October 1, 2006, the role
of the Comptroller General and the General Accounting Office,
as established by this section, will cease.
Sec. 1204. Deputy Architect to Act in Case of Absence,
Disability, or Vacancy. The proviso under the subheading
``salaries'' under the heading ``Office of the Architect of the
Capitol'' under the heading ``ARCHITECT OF THE CAPITOL'' of the
Legislative Branch Appropriations Act, 1971 (2 U.S.C. 1805) is
amended by striking ``Assistant Architect'' and inserting
``Deputy Architect''.
Sec. 1205. Delegation of Authority by Architect of the
Capitol. The matter under the subheading ``Office of the
Architect of the Capitol'' under the heading ``ARCHITECT OF THE
CAPITOL'' of the Legislative Appropriation Act, 1956 (2 U.S.C.
1804) is amended by striking ``Architect of the Capitol is
authorized'' through ``proper'' and inserting ``Architect of
the Capitol may delegate to the assistants of the Architect
such authority of the Architect as the Architect may determine
proper, except those authorities, duties, and responsibilities
specifically assigned to the Deputy Architect of the Capitol by
the Legislative Branch Appropriations Act, 2003''.
Sec. 1206. Assistant Architect. Notwithstanding any other
provision of law, the compensation of the Assistant Architect
who is incumbent in that position when the position of
Assistant Architect is abolished shall not be reduced so long
as the former Assistant Architect is employed at the Office of
the Architect of the Capitol. Whenever the Architect of the
Capitol receives a pay adjustment after the date of enactment
of this section, the compensation of such former Assistant
Architect shall be adjusted by the same percentage as the
compensation of the Architect of the Capitol. The authority
granted in this section shall be in addition to the authority
the Architect of the Capitol has in section 129(c)(1)(A) of the
Legislative Branch Appropriations Act, 2002, as amended by this
Act, to fix the rate of basic pay for not more than 15
positions at a rate not to exceed the highest total rate of pay
for the Senior Executive Service under subchapter VIII of
chapter 53 of title 5, United States Code, for the locality
involved.
Sec. 1207. Senate Staff Health and Fitness Facility.
Section 4 of the Legislative Branch Appropriations Act, 2001 (2
U.S.C. 121f) is amended--
(1) in subsection (a), by inserting ``Staff'' after
``Senate'';
(2) in subsection (b)(1), by inserting ``Staff''
after ``Senate'';
(3) in subsection (c), by inserting ``Staff'' after
``costs of the Senate'';
(4) in subsection (d), by inserting ``Staff'' after
``Senate''; and
(5) by striking subsection (e) and inserting the
following:
``(e) The Committee on Rules and Administration of the
Senate shall promulgate regulations pertaining to the operation
and use of the Senate Staff Health and Fitness Facility.''.
Sec. 1208. Allocation of Responsibility for Library
Buildings and Grounds. (a) In General.--The first section of
the Act of June 29, 1922 (2 U.S.C. 141) is amended to read as
follows:
``SECTION 1. ALLOCATION OF RESPONSIBILITIES FOR LIBRARY BUILDINGS AND
GROUNDS.
``(a) Architect of the Capitol.--
``(1) In general.--The Architect of the Capitol
shall have charge of all work at the Library of
Congress buildings and grounds (as defined in section
11 of the Act entitled `An Act relating to the policing
of the buildings of the Library of Congress' approved
August 4, 1950 (2 U.S.C. 167(j)) that affects--
``(A) the structural integrity of the
buildings;
``(B) buildings systems, including
mechanical, electrical, plumbing, and
elevators;
``(C) the architectural features of the
buildings;
``(D) compliance with building and fire
codes, laws, and regulations with respect to
the specific responsibilities set for under
this paragraph;
``(E) the care and maintenance of Library
grounds; and
``(F) purchase of all equipment necessary
to fulfill the responsibilities set forth under
this paragraph.
``(2) Employees.--The employees required for the
performance of the duties under paragraph (1) shall be
appointed by the Architect of the Capitol.
``(b) Librarian of Congress.--The Librarian of Congress
shall have charge of all work (other than work under subsection
(a)) at the Library of Congress buildings and grounds.
``(c) Transfer of Funds.--The Architect of the Capitol and
the Librarian of Congress may enter into agreements with each
other to perform work under this section, and, subject to the
approval of the Committees on Appropriations of the House of
Representatives and the Senate and the Joint Committee on the
Library, may transfer between themselves appropriations or
other available funds to pay the costs therefor.''.
(b) Effective Date.--The amendments made by this section
shall apply to fiscal year 2003 and each fiscal year
thereafter.
Sec. 1209. Notwithstanding any other provision of law, the
Architect of the Capitol may accept appropriations and services
from other federal agencies for the purpose of enhancing
security for projects under his jurisdiction upon the prior
approval of the Committees on Appropriations of the House and
the Senate.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Union Catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by the
Board, $358,474,000, of which not more than $6,500,000 shall be
derived from collections credited to this appropriation during
fiscal year 2003, and shall remain available until expended,
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2003 and shall remain available
until expended for the development and maintenance of an
international legal information database and activities related
thereto: Provided, That the Library of Congress may not
obligate or expend any funds derived from collections under the
Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than the
$6,850,000: Provided further, That of the total amount
appropriated, $10,886,000 is to remain available until expended
for acquisition of books, periodicals, newspapers, and all
other materials including subscriptions for bibliographic
services for the Library, including $40,000 to be available
solely for the purchase, when specifically approved by the
Librarian, of special and unique materials for additions to the
collections: Provided further, That of the total amount
appropriated, not more than $12,000 may be expended, on the
certification of the Librarian of Congress, in connection with
official representation and reception expenses for the Overseas
Field Offices: Provided further, That of the total amount
appropriated, $911,000 shall remain available until expended
for the acquisition and partial support for implementation of
an Integrated Library System (ILS): Provided further, That of
the total amount appropriated, $11,100,000 shall remain
available until expended for the purpose of teaching educators
how to incorporate the Library's digital collections into
school curricula and shall be transferred to the educational
consortium formed to conduct the ``Joining Hands Across
America: Local Community Initiative'' project as approved by
the Library: Provided further, That of the amount appropriated,
$500,000 shall remain available until expended, and shall be
transferred to the Abraham Lincoln Bicentennial Commission for
carrying out the purposes of Public Law 106-173, of which
amount $10,000 may be used for official representation and
reception expenses of the Abraham Lincoln Bicentennial
Commission: Provided further, That of the total amount
appropriated, $4,250,000 shall remain available until September
30, 2007 for the acquisition and partial support for
implementation of a Central Financial Management System:
Provided further, That of the total amount appropriated,
$789,000 shall remain available until September 30, 2004 for
the Lewis and Clark Exhibition and an additional $200,000 shall
remain available until expended, and shall be transferred to
Southern Illinois University for the purpose of developing a
permanent commemoration of the Lewis and Clark Expedition:
Provided further, That of the total amount appropriated,
$10,000,000 shall remain available until expended for the
purpose of developing a high-speed data transmission between
the Library of Congress and educational facilities, libraries,
or networks serving Western North Carolina: Provided further,
That, of the total amount appropriated, $500,000 shall remain
available until expended and shall be equally divided and
transferred to the Alexandria Museum of Art and the New Orleans
Museum of Art for activities relating to the Louisiana Purchase
Bicentennial Celebration.
Copyright Office
SALARIES AND EXPENSES
For necessary expenses of the Copyright Office,
$39,226,000, of which not more than $23,321,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2003 under
section 708(d) of title 17, United States Code: Provided, That
the Copyright Office may not obligate or expend any funds
derived from collections under such section, in excess of the
amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$6,191,000 shall be derived from collections during fiscal year
2003 under sections 111(d)(2), 119(b)(2), 802(h), and 1005 of
such title: Provided further, That the total amount available
for obligation shall be reduced by the amount by which
collections are less than $29,512,000: Provided further, That
not more than $100,000 of the amount appropriated is available
for the maintenance of an ``International Copyright Institute''
in the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in
intellectual property laws and policies: Provided further, That
not more than $4,250 may be expended, on the certification of
the Librarian of Congress, in connection with official
representation and reception expenses for activities of the
International Copyright Institute and for copyright
delegations, visitors, and seminars.
Congressional Research Service
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated Constitution
of the United States of America, $86,952,000: Provided, That no
part of such amount may be used to pay any salary or expense in
connection with any publication, or preparation of material
therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has
obtained prior approval of either the Committee on
HouseAdministration of the House of Representatives or the Committee on
Rules and Administration of the Senate.
Books for the Blind and Physically Handicapped
SALARIES AND EXPENSES
For salaries and expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,963,000,
of which $14,697,000 shall remain available until expended:
Provided, That, of the total amount appropriated, $1,000,000
shall remain available until expended to reimburse the National
Federation of the Blind for costs incurred in the operation of
its ``NEWSLINE'' program.
Administrative Provisions
Sec. 1301. Of the amounts appropriated to the Library of
Congress in this Act, not more than $5,000 may be expended, on
the certification of the Librarian of Congress, in connection
with official representation and reception expenses for the
incentive awards program.
Sec. 1302. (a) For fiscal year 2003, the obligational
authority of the Library of Congress for the activities
described in subsection (b) may not exceed $109,929,000.
(b) The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from
sources other than appropriations to the Library in
appropriations Acts for the legislative branch.
(c) During fiscal year 2003, the Librarian of Congress may
temporarily transfer funds appropriated in this Act under the
heading ``LIBRARY OF CONGRESS--Salaries and Expenses'' to the
revolving fund for the FEDLINK Program and the Federal Research
Program established under section 103 of the Library of
Congress Fiscal Operations Improvement Act of 2000 (Public Law
106-481; 2 U.S.C. 182c): Provided, That the total amount of
such transfers may not exceed $1,900,000: Provided further,
That the appropriate revolving fund account shall reimburse the
Library for any amounts transferred to it before the period of
availability of the Library appropriation expires.
Sec. 1303. National Digital Information Infrastructure and
Preservation Program.--The Miscellaneous Appropriations Act,
2001 (as enacted by section 1(a)(4) of Public Law 106-554, 114
Stat. 2763A-194), division A, chapter 9, under the heading
``Library of Congress'' ``Salaries and Expenses'' is amended by
striking ``March 31, 2003'' and inserting ``March 31, 2005''.
Sec. 1304. Abraham Lincoln Bicentennial Commission. The
Abraham Lincoln Bicentennial Commission Act (36 U.S.C. note
prec. 101; Public Law 106-173) is amended--
(1) in section 6(b), by striking paragraph (2) and
inserting the following:
``(2) Staff.--Consistent with all other applicable
Federal laws governing appointments and compensation,
the staff of the Commission may be appointed without
regard to the provisions of title 5, United States
Code, governing appointments in the competitive
service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of that title relating to classification and General
Schedule pay rates.''; and
(2) in section 7(h)(3), by striking ``subsection
(b)(2)'' and inserting ``section 6(b)(2)''.
Sec. 1305. Section 2(c)(3) of the History of the House
Awareness and Preservation Act (2 U.S.C. 183(c)(3)) is amended
by inserting ``excerpts of'' after ``dissemination of''.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(INCLUDING TRANSFER OF FUNDS)
For authorized printing and binding for the Congress and
the distribution of Congressional information in any format;
printing and binding for the Architect of the Capitol; expenses
necessary for preparing the semimonthly and session index to
the Congressional Record, as authorized by law (section 902 of
title 44, United States Code); printing and binding of
Government publications authorized by law to be distributed to
Members of Congress; and printing, binding, and distribution of
Government publications authorized by law to be distributed
without charge to the recipient, $90,143,000: Provided, That
this appropriation shall not be available for paper copies of
the permanent edition of the Congressional Record for
individual Representatives, Resident Commissioners or Delegates
authorized under section 906 of title 44, United States Code:
Provided further, That this appropriation shall be available
for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation
under section 718 of title 44, United States Code, none of the
funds appropriated or made available under this Act or any
other Act for printing and binding and related services
provided to Congress under chapter 7 of title 44, United States
Code, may be expended to print a document, report, or
publication after the 27-month period beginning on the date
that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United
States Code: Provided further, That any unobligated or
unexpended balances in this account or accounts for similar
purposes for preceding fiscal years may be transferred to the
Government Printing Office revolving fund for carrying out the
purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate.
Office of Superintendent of Documents
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses of the Office of Superintendent of Documents
necessary to provide for the cataloging and indexing of
Government publications and their distribution to the public,
Members of Congress, other Government agencies, and designated
depository and international exchange libraries as authorized
by law, $29,661,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized for
producing and disseminating Congressional serial sets and other
related publications for 2001 and 2002 to depository and other
designated libraries: Provided further, That any unobligated or
unexpended balances in this account or accounts for similar
purposes for preceding fiscal years may be transferred to the
Government Printing Office revolving fund for carrying out the
purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate.
Government Printing Office Revolving Fund
The Government Printing Office is hereby authorized to make
such expenditures, within the limits of funds available and in
accord with the law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by
section 9104 of title 31, United States Code, as may be
necessary in carrying out the programs and purposes set forth
in the budget for the current fiscal year for the Government
Printing Office revolving fund: Provided, That not more than
$2,500 may be expended on the certification of the Public
Printer in connection with official representation and
reception expenses: Provided further, That the revolving fund
shall be available for the hire or purchase of not more than 12
passenger motor vehicles: Provided further, That expenditures
in connection with travel expenses of the advisory councils to
the Public Printer shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further,
That the revolving fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not more than the
daily equivalent of the annual rate of basic pay for level V of
the Executive Schedule under section 5316 of such title:
Provided further, That the revolving fund and the funds
provided under the headings ``Office of Superintendent of
Documents'' and ``salaries and expenses'' together may not be
available for the full-time equivalent employment of more than
3,219 workyears (or such other number of workyears as the
Public Printer may request, subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate): Provided further, That activities financed through
the revolving fund may provide information in any format.
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
For necessary expenses of the General Accounting Office,
including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under
section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under section 901(5), (6), and (8)
of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and
(8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in
foreign countries, $451,134,000: Provided, That not more than
$2,210,000 of payments received under section 782 of title 31,
United States Code, shall be available for use in fiscal year
2003: Provided further, That not more than $790,000 of
reimbursements received under section 9105 of title 31, United
States Code, shall be available for use in fiscal year 2003:
Provided further, That this appropriation and appropriations
for administrative expenses of any other department or agency
which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available
to finance an appropriate share of either Forum's costs as
determined by the respective Forum, including necessary travel
expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as
reimbursements to any appropriation from which costs involved
are initially financed: Provided further, That this
appropriation and appropriations for administrative expenses of
any other department or agency which is a member of the
American Consortium on International Public Administration
(ACIPA) shall be available to finance an appropriate share of
ACIPA costs as determined by the ACIPA, including any expenses
attributable to membership of ACIPA in the International
Institute of Administrative Sciences.
PAYMENT TO THE OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center, $13,000,000.
Administrative Provision
Sec. 1401. Open World Leadership Center. (a) In General.--
Section 313 of the Legislative Branch Appropriations Act, 2001
(2 U.S.C. 1151) is amended--
(1) in the section heading, by striking ``Center
for Russian Leadership Development'' and inserting
``Open World Leadership Center'';
(2) in subsection (a)--
(A) in paragraph (1), by striking all after
``Government'' and inserting ``a center to be
known as the `Open World Leadership Center (the
`Center').''; and
(B) in paragraph (2)--
(i) by inserting ``(the `Board')''
after ``Board of Trustees''; and
(ii) in subparagraph (D), by
striking ``United States and Russian
relations'' and inserting ``relations
between the United States and eligible
foreign states'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``Russia'' and
inserting ``eligible foreign states'';
and
(ii) by striking the period at the
end and inserting the following: ``and
to establish and administer a program
to enable cultural leaders of Russia to
gain significant, firsthand exposure to
the operation of American cultural
institutions.'';
(B) in paragraph (2), by striking ``Russian
nationals'' and inserting ``nationals of
eligible foreign states''; and
(C) in paragraph (3)--
(i) in subparagraph (B), by
striking ``3,000'' and inserting
``3,500''; and
(ii) in subparagraph (C)(i), by
striking ``Russia'' and inserting ``an
eligible foreign state'';
(4) in subsection (c)--
(A) in paragraph (1), by striking ``Russian
Leadership Development Center Trust Fund'' and
inserting ``Open World Leadership Center Trust
Fund''; and
(B) in paragraph (3)(B), by striking ``of
Trustees of the Center'';
(5) in subsection (h)(2), by striking ``of Trustees
of the Center''; and
(6) by adding at the end the following:
``(j) Eligible Foreign State Defined.--In this section, the
term `eligible foreign state' means--
``(1) any country specified in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801); and
``(2) Estonia, Latvia, and Lithuania.''.
(b) Effective Date.--The amendments made by this section
shall take effect 90 days after the date of enactment of this
Act.
TITLE II--GENERAL PROVISIONS
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private vehicles,
except for emergency assistance and cleaning as may be provided
under regulations relating to parking facilities for the House
of Representatives issued by the Committee on House
Administration and for the Senate issued by the Committee on
Rules and Administration.
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2003
unless expressly so provided in this Act.
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 is
appropriated for or the rate of compensation or designation of
any office or position appropriated for is different from that
specifically established by such Act, the rate of compensation
and the designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act for
the various items of official expenses of Members, officers,
and committees of the Senate and House of Representatives, and
clerk hire for Senators and Members of the House of
Representatives shall be the permanent law with respect
thereto.
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued under existing law.
Sec. 205. Such sums as may be necessary are appropriated to
the account described in subsection (a) of section 415 of the
Congressional Accountability Act to pay awards and settlements
as authorized under such subsection.
Sec. 206. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available to
finance an appropriate share of LBFMC costs as determined by
the LBFMC, except that the total LBFMC costs to be shared among
all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
Sec. 207. Section 316 of Public Law 101-302 is amended in
the first sentence of subsection (a) by striking ``2002'' and
inserting ``2003''.
Sec. 208. The Architect of the Capitol, in consultation
with the District of Columbia, is authorized to maintain and
improve the landscape features, excluding streets and
sidewalks, in the irregular shaped grassy areas bounded by
Washington Avenue, SW on the northeast, Second Street SW on the
west, Square 582 on the south, and the beginning of the I-395
tunnel on the southeast.
Sec. 209. John C. Stennis Center for Public Service
Training and Development. There are appropriated, out of any
funds in the Treasury not otherwise appropriated, $300,000, to
remain available until expended, to the John C. Stennis Center
for Public Service Training and Development.
Sec. 210. Title II of the Congressional Award Act. There
are appropriated, out of any funds in the Treasury not
otherwise appropriated, $250,000, to remain available until
expended, to carry out title II of the Congressional Award Act
(2 U.S.C. 811 et seq.): Provided, That funds appropriated for
this purpose do not exceed 100 percent of funds donated to the
Board in cash or in kind under section 208(c) of the
Congressional Award Act: Provided further, That such funds are
used for staff salaries and overhead, postage, travel,
equipment, and accounting costs.
Sec. 211. (a) Each office in the legislative branch, except
the House and the Senate, which is responsible for preparing
any written statement furnished under part 3 of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 on behalf of a
person shall make the statement available to the person in an
electronic format (at the direction of the person) which will
enable the person to provide the statement electronically to a
tax preparer or other provider of financial services.
(b) Subsection (a) shall apply with respect to statements
prepared for taxable years ending on or after December 31,
2004.
Sec. 212. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2003''.
DIVISION I--TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS, 2003
Making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 2003, and for other
purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of
Transportation and related agencies for the fiscal year ending
September 30, 2003, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Salaries and Expenses
For necessary expenses of the Office of the Secretary,
$89,447,000, of which not to exceed $2,211,000 shall be
available for the immediate Office of the Secretary; not to
exceed $809,000 shall be available for the immediate Office of
the Deputy Secretary; not to exceed $15,657,000 shall be
available for the Office of the General Counsel; not to exceed
$12,452,000 shall be available for the Office of the Under
Secretary of Transportation for Policy; not to exceed
$8,375,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,453,000
shall be available for the Office of the Assistant Secretary
for Governmental Affairs; not to exceed $29,071,000 shall be
available for the Office of the Assistant Secretary for
Administration; not to exceed $1,926,000 shall be available for
the Office of Public Affairs; not to exceed $1,391,000 shall be
available for the Office of the Executive Secretariat; not to
exceed $611,000 shall be available for the Board of Contract
Appeals; not to exceed $1,304,000 shall be available for the
Office of Small and Disadvantaged Business Utilization; not to
exceed $13,187,000 shall be available for the Office of the
Chief Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by
more than 5 percent by all such transfers: Provided further,
That any change in funding greater than 5 percent shall be
submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, excluding fees authorized in Public Law 107-
71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees: Provided further,
That none of the funds provided in this Act shall be available
for the position of Assistant Secretary for Public Affairs.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$8,700,000.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $21,000,000.
Working Capital Fund
Necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $131,766,000, shall
be paid from appropriations made available to the Department of
Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on
operating expenses shall not apply to non-DOT entities:
Provided further, That no funds appropriated in this Act to an
agency of the Department shall be transferred to the Working
Capital Fund without the approval of the agency modal
administrator: Provided further, That no assessments may be
levied against any program, budget activity, subactivity or
project funded by this Act unless notice of such assessments
and the basis therefor are presented to the House and Senate
Committees on Appropriations and are approved by such
Committees.
Minority Business Resource Center Program
For the cost of guaranteed loans, $500,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$18,367,000. In addition, for administrative expenses to carry
out the guaranteed loan program, $400,000.
Minority Business Outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,000,000, to remain available until
September 30, 2004: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related
to any mode of transportation.
Payments to Air Carriers
(AIRPORT AND AIRWAY TRUST FUND)
In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
41731 through 41742, $52,100,000, to be derived from the
Airport and Airway Trust Fund, to remain available until
expended.
TRANSPORTATION SECURITY ADMINISTRATION
Aviation Security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to Public Law 107-71, $4,516,300,000, to
remain available until expended, of which $3,037,900,000 shall
be available for screening activities and of which
$1,478,400,000 shall be available for airport support and
enforcement presence: Provided, That $144,000,000 shall be
derived by reimbursement from ``Federal Aviation
Administration, Facilities and equipment,'' for explosives
detection systems: Provided further, That security service fees
authorized under 49 U.S.C. 44940 shall be credited to this
appropriation as offsetting collections and used for providing
civil aviation security services authorized by that section:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year
2003, so as to result in a final fiscal year appropriation from
the General Fund estimated at not more than $1,866,300,000:
Provided further, That any security service fees collected in
excess of the amount appropriated under this heading shall be
treated as offsetting collections in fiscal year 2004: Provided
further, That none of the funds in this Act shall be used to
recruit or hire personnel into the Transportation Security
Administration which would cause the agency to exceed a
staffing level of 45,000 full-time permanent positions:
Provided further, That of the total amount provided herein,
$265,000,000 shall be available only for physical modification
of commercial service airports for the purpose of installing
checked baggage explosive detection systems and $174,500,000
shall be available only for procurement of checked baggage
explosive detection systems, including explosive trace
detection systems.
Maritime and Land Security
For necessary expenses of the Transportation Security
Administration related to maritime and land transportation
security grants and services pursuant to Public Law 107-71,
$244,800,000, to remain available until expended: Provided,
That of the total amount provided herein, $150,000,000 shall be
available only to make port security grants, which shall be
distributed under the same terms and conditions as provided for
under Public Law 107-117; $4,000,000 shall be available only
for radiation detection and monitoring system evaluation and
procurement; and $30,000,000 shall be available only to execute
grants, contracts, and interagency agreements for the purpose
of deploying Operation Safe Commerce.
Research and Development
For necessary expenses of the Transportation Security
Administration for research and development related to
transportation security, $110,200,000, to remain available
until expended: Provided, That of the total amount provided
herein, $10,000,000 shall be available only to make research
and development grants for port security pursuant to the terms
and conditions of section 70107(i) of Public Law 107-295.
Administration
For necessary administrative expenses of the Transportation
Security Administration, including intelligence activities,
pursuant to Public Law 107-71, $308,700,000, to remain
available until expended.
COAST GUARD
Operating Expenses
For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase of not to
exceed five passenger motor vehicles for replacement only;
payments pursuant to section 156 of Public Law 97-377, as
amended (42 U.S.C. 402 note), and section 229(b) of the Social
Security Act (42 U.S.C. 429(b)); and recreation and welfare,
$4,322,122,000, of which $340,000,000 shall be available for
defense-related activities; and of which $25,000,000 shall be
derived from the Oil Spill Liability Trust Fund: Provided, That
none of the funds appropriated in this or any other Act shall
be available for pay of administrative expenses in connection
with shipping commissioners in the United States: Provided
further, That none of the funds provided in this Act shall be
available to compensate in excess of 37 active duty flag
officer billets: Provided further, That none of the funds
provided in this Act shall be available for expenses incurred
for yacht documentation under 46 U.S.C. 12109, except to the
extent fees are collected from yacht owners and credited to
this appropriation: Provided further, That notwithstanding
section 1116(c) of title 10, United States Code, amounts made
available under this heading may be used to make payments into
the Department of Defense Medicare-Eligible Retiree Health Care
Fund for fiscal year 2003 under section 1116(a) of title 10,
United States Code: Provided further, That of the amounts made
available under this heading, not less than $15,686,000 shall
be used solely to increase staffing at search and rescue
stations, surf stations and command centers; increase the
training and experience level of individuals serving in said
stations through targeted retention efforts; revise personnel
policies and expand training programs; and to modernize and
improve the quantity and quality of personal safety equipment,
including survival suits, for personnel assigned to said
stations: Provided further, That the Comptroller General of the
United States shall audit and certify to the House and Senate
Committees on Appropriations that the funding described in the
preceding proviso is being used solely to supplement and not
supplant the Coast Guard's level of effort in this area in
fiscal year 2002.
Acquisition, Construction, and Improvements
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto, $742,100,000, of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund; of which $25,600,000
shall be available to acquire, repair, renovateor improve
vessels, small boats and related equipment, to remain available until
September 30, 2007; $4,000,000 shall be available to acquire new
aircraft and increase aviation capability, to remain available until
September 30, 2005; $121,300,000 shall be available for other
equipment, to remain available until September 30, 2005; $50,200,000
shall be available for shore facilities and aids to navigation
facilities, to remain available until September 30, 2005; $63,000,000
shall be available for personnel compensation and benefits and related
costs, to remain available until September 30, 2004; and $478,000,000
shall be available for the Integrated Deepwater Systems program, to
remain available until September 30, 2006: Provided, That the
Commandant of the Coast Guard is authorized to dispose of surplus real
property, by sale or lease, and the proceeds shall be credited to this
appropriation as offsetting collections and made available only for the
National Distress and Response System Modernization program, to remain
available for obligation until September 30, 2004: Provided further,
That none of the funds provided under this heading may be obligated or
expended for the Integrated Deepwater Systems (IDS) system integration
contract in fiscal year 2003 until the Secretary or Deputy Secretary of
Transportation and the Director, Office of Management and Budget
jointly certify to the House and Senate Committees on Appropriations
that funding for the IDS program for fiscal years 2004 through 2008,
funding for the National Distress and Response System Modernization
program to allow for full deployment of said system by 2006, and
funding for other essential search and rescue procurements, are fully
funded in the Coast Guard Capital Investment Plan and within the Office
of Management and Budget's budgetary projections for the Coast Guard
for those years: Provided further, That the Director, Office of
Management and Budget shall submit the budget request for the IDS
integration contract delineating sub-headings which include the
following: systems integrator, ship construction, aircraft, equipment,
and communication, providing specific assets and costs under each
subheading: Provided further, That upon initial submission to the
Congress of the fiscal year 2004 President's budget, the Secretary of
Transportation shall transmit to the Congress a comprehensive capital
investment plan for the United States Coast Guard which includes
funding for each budget line item for fiscal years 2004 through 2008,
with total funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office of
Management and Budget: Provided further, That the amount herein
appropriated shall be reduced by $150,000 per day for each day after
initial submission of the President's budget that the plan has not been
submitted to the Congress.
Acquisition, Construction, and Improvements
(RESCISSION)
Of the available balances under this heading, $17,000,000
are rescinded.
Environmental Compliance and Restoration
For necessary expenses to carry out the Coast Guard's
environmental compliance and restoration functions under
chapter 19 of title 14, United States Code, $17,000,000, to
remain available until expended.
Alteration of Bridges
For necessary expenses for alteration or removal of
obstructive bridges, $17,200,000, to remain available until
expended: Provided, That funds for bridge alteration projects
conducted pursuant to 33 U.S.C. 511 are available only to the
extent that the steel, iron, and manufactured products used in
such projects are produced in the United States, unless
contrary to law or international agreement, or unless the
Commandant of the Coast Guard determines such action to be
inconsistent with the public interest or the cost unreasonable.
Retired Pay
For retired pay, including the payment of obligations
therefor otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payments for career
status bonuses under the National Defense Authorization Act,
and for payments for medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10
U.S.C. ch. 55), $889,000,000.
Reserve Training
For all necessary expenses of the Coast Guard Reserve, as
authorized by law; maintenance and operation of facilities; and
supplies, equipment, and services, $86,495,000.
Research, Development, Test, and Evaluation
For necessary expenses, not otherwise provided for, for
applied scientific research, development, test, and evaluation;
maintenance, rehabilitation, lease and operation of facilities
and equipment, as authorized by law, $22,000,000, to remain
available until expended, of which $3,500,000 shall be derived
from the Oil Spill Liability Trust Fund: Provided, That there
may be credited to and used for the purposes of this
appropriation funds received from State and local governments,
other public authorities, private sources, and foreign
countries, for expensesincurred for research, development,
testing, and evaluation.
FEDERAL AVIATION ADMINISTRATION
Operations
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial space
transportation, administrative expenses for research and
development, establishment of air navigation facilities, the
operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to
the public, lease or purchase of passenger motor vehicles for
replacement only, in addition to amounts made available by
Public Law 104-264, $7,069,019,000, of which $3,799,278,000
shall be derived from the Airport and Airway Trust Fund, of
which not to exceed $5,716,046,000 shall be available for air
traffic services program activities; not to exceed $836,007,000
shall be available for aviation regulation and certification
program activities; not to exceed $207,600,000 shall be
available for research and acquisition program activities; not
to exceed $12,325,000 shall be available for commercial space
transportation program activities; not to exceed $48,782,000
shall be available for financial services program activities;
not to exceed $69,307,000 shall be available for human
resources program activities; not to exceed $83,392,000 shall
be available for regional coordination program activities; not
to exceed $82,974,000 shall be available for staff offices; and
not to exceed $29,650,000 shall be available for information
services: Provided, That none of the funds in this Act shall be
available for the Federal Aviation Administration to finalize
or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of
the enactment of this Act: Provided further, That there may be
credited to this appropriation funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources, for expenses incurred in the
provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and for
issuance, renewal or modification of certificates, including
airman, aircraft, and repair station certificates, or for tests
related thereto, or for processing major repair or alteration
forms: Provided further, That of the funds appropriated under
this heading, not less than $6,000,000 shall be for the
contract tower cost-sharing program: Provided further, That
funds may be used to enter into a grant agreement with a
nonprofit standard-setting organization to assist in the
development of aviation safety standards: Provided further,
That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available
for paying premium pay under 5 U.S.C. 5546(a) to any Federal
Aviation Administration employee unless such employee actually
performed work during the time corresponding to such premium
pay: Provided further, That none of the funds in this Act may
be obligated or expended to operate a manned auxiliary flight
service station in the contiguous United States: Provided
further, That none of the funds in this Act for aeronautical
charting and cartography are available for activities conducted
by, or coordinated through, the Working Capital Fund.
Facilities and Equipment
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, and improvement by contract or
purchase, and hire of air navigation and experimental
facilities and equipment as authorized under part A of subtitle
VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering
and service testing, including construction of test facilities
and acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase, lease,
or transfer of aircraft from funds available under this
heading; to be derived from the Airport and Airway Trust Fund,
$2,981,022,000, of which $2,576,366,760 shall remain available
until September 30, 2005, and of which $404,655,240 shall
remain available until September 30, 2003: Provided, That there
may be credited to this appropriation funds received from
States, counties, municipalities, other public authorities, and
private sources, for expenses incurred in the establishment and
modernization of air navigation facilities: Provided further,
That upon initial submission to the Congress of the fiscal year
2004 President's budget, the Secretary of Transportation shall
transmit to the Congress a comprehensive capital investment
plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2004 through
2008, with total funding for each year of the plan constrained
to the funding targets for those years as estimated and
approved by the Office of Management and Budget.
Facilities and Equipment
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION)
Of the available balances under this heading, $20,000,000
are rescinded.
Research, Engineering, and Development
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant, $148,450,000,
to be derived from the Airport and Airway Trust Fund and to
remain available until September 30, 2005: Provided, That there
may be credited to this appropriation funds received from
States, counties, municipalities, other public authorities, and
private sources, for expenses incurred for research,
engineering, and development.
Grants-in-Aid for Airports
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49, United
States Code, and under other law authorizing such obligations;
for procurement, installation, and commissioning of runway
incursion prevention devices and systems at airports of such
title; for implementation of section 203 of Public Law 106-181;
and for inspection activities and administration of airport
safety programs, including those related to airport operating
certificates under section 44706 of title 49, United States
Code, $3,100,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,400,000,000 in fiscal year 2003,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That notwithstanding any other
provision of law, not more than $63,620,000 of funds limited
under this heading shall be obligated for administration and
not less than $20,000,000 shall be for the Small Community Air
Service Development Pilot Program.
Aviation Insurance Revolving Fund
The Secretary of Transportation is hereby authorized to
make such expenditures and investments, within the limits of
funds available pursuant to 49 U.S.C. 44307, and in accordance
with section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out
the program for aviation insurance activities under chapter 443
of title 49, United States Code.
FEDERAL HIGHWAY ADMINISTRATION
Limitation on Administrative Expenses
Necessary expenses for administration and operation of the
Federal Highway Administration, not to exceed $316,126,000,
shall be paid in accordance with law from appropriations made
available by this Act to the Federal Highway Administration
together with advances and reimbursements received by the
Federal Highway Administration: Provided, That of the funds
available under section 104(a)(1)(A) of title 23, United States
Code: $7,500,000 shall be available for ``Child Passenger
Protection Education Grants'' under section 2003(b) of Public
Law 105-178, as amended; $47,000,000 shall be available for
construction of state border safety inspection facilities at
the United States/Mexico border, and shall remain available
until expended; $59,967,000 shall be available for border
enforcement activities required by section 350 of Public Law
107-87, and shall remain available until expended; $269,700,000
shall be available in addition to funds made available by
section 330 of this Act, to enable the Secretary of
Transportation to make grants for surface transportation
projects, and shall remain available until expended; and
$7,000,000 shall be available for environmental streamlining
activities, which may include making grants to, or entering
into contracts, cooperative agreements, and other transactions,
with a Federal agency, State agency, local agency, authority,
association, nonprofit or for-profit corporation, or
institution of higher education: Provided further, That
notwithstanding any other provision of law, the surface
transportation projects identified in the Joint Explanatory
Statement of the Committee of Conference accompanying this Act
are eligible for funding made available for surface
transportation projects under this heading: Provided further,
That the Federal share payable on account of any such project
carried out with funds made available under this heading shall
be 100 percent.
Federal-Aid Highways
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $31,800,000,000 for Federal-aid highways
and highway safety construction programs for fiscal year 2003:
Provided, That within the $31,800,000,000 obligation limitation
on Federal-aid highways and highway safety construction
programs, not more than $462,500,000 shall be available for the
implementation or execution of programs for transportation
research (sections 502, 503, 504, 506, 507, and 508 of title
23, United States Code, as amended; section 5505 of title 49,
Unites States Code, as amended; and sections 5112 and 5204-5209
of Public Law 105-178) for fiscal year 2003: Provided further,
That this limitation on transportation research programs shall
not apply to any authority previously made available for
obligation: Provided further, That within the $232,000,000
obligation limitation on Intelligent Transportation Systems,
the following sums shall be made available for Intelligent
Transportation System projects that are designed to achieve the
goals and purposes set forth in section 5203 of the Intelligent
Transportation Systems Act of 1998 (subtitle C of title V of
Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502 note) in the
following specified areas:
Advance Traveler Information System & Smart Card
System, Ohio, $1,000,000;
Advanced Traffic Analysis Center, North Dakota
State University, $1,000,000;
Alaska Statewide: Smart Emergency Medical Access
System, $1,000,000;
Automated Vehicle Location (AVL) and Mobile Data
Terminals--PalmTran, Palm Beach, Florida, $850,000;
Baton Rouge, Louisiana, $750,000;
Bozeman Pass Wildlife Channelization Study,
Montana, $250,000;
Capital District Transportation Authority, Customer
Information ITS Project, New York, $800,000;
CCTA Burlington Multimodal Transit Center, Vermont,
$500,000;
C-DOT ITS for I-70 Tunnels, Colorado, $3,700,000;
Center for Injury Sciences UAB Crash Notification,
Alabama, $3,000,000
Central Florida Regional Trans. Authority Orange/
Seminole ITS, $1,500,000;
Chapel Hill Transit, North Carolina, real time
passenger information system and vehicle location
system, $750,000;
Chattanooga (CARTA) ITS, Tennessee, $1,875,000;
Cicero Avenue travel information system, Illinois,
$300,000;
City of Austin, Texas ITS Deployment Program,
Texas, $500,000;
City of Boston intelligent transportation system,
Massachusetts, $1,000,000;
City of Inglewood, California intelligent
transportation system deployment project, $500,000;
CVISN, New Mexico, $525,000;
DelDOT Integrated Transportation Management System,
DelTrac, Statewide Transit Passenger Information
System, Delaware, $1,000,000;
Elkhorn Boulevard Project, Sacramento, California,
$125,000;
Emergency Vehicle Access Program, Antrim,
Pennsylvania, $60,000;
Emergency Vehicle Optical Pre-Emption, Town of
Islip, New York, $595,000;
Flint Mass Transportation Authority ITS program,
Michigan, $1,000,000;
Fog Detection Improvements and Traffic Monitoring,
Rural Mountain Region, North Carolina, $200,000;
Gettysburg Borough Signal Coordination and Upgrade-
Signalization; Adams County, Pennsylvania, $1,500,000;
GMU ITS Research, Virginia, $1,000,000;
Great Lakes ITS program, Michigan, $1,500,000;
Harrison County Sheriff's Department ITS,
Mississippi, $750,000;
HART Bus Tracking & Communication, Florida,
$4,000,000;
Hoosier SAFE-T, Indiana, $500,000;
Houma, Louisiana, $1,250,000;
Huntsville, Alabama, $1,500,000;
I-80 Dynamic Message Signs, Southern Wyoming,
$3,000,000;
I-90 Truck Wind Warning System, Columbia River,
Washington, $125,000;
Idaho Commercial Vehicle Systems and Networks
(CVISN), $750,000;
Illinois Statewide, $2,500,000;
Intelligent transportation, Autonomous dial-a-ride
transit (ADART) phase IV implementation, Corpus
Christi, Texas, $500,000;
Intermodal ITS center, Orleans Parish, Louisiana,
$500,000;
Interstate 95/Interstate 40 travel information
improvements, Johnston County, North Carolina,
$500,000;
Iowa Statewide ITS, Iowa, $1,400,000;
Kansas City Scout Advanced Traffic Management
System, Missouri, $1,500,000;
Kansas City, Kansas Smart Port, $500,000;
Kent Intracity Transit Project, Washington,
$1,500,000;
Law Enforcement Communications for Security,
Biometrics, Iowa, $2,550,000;
Lynnwood ITS, Washington, $2,000,000;
Macomb County ITS Integration, Michigan, $250,000;
Maine Statewide Rural Advanced Traveler Info.
System, $1,000,000;
Maryland Statewide ITS, $1,000,000;
Metrolina Traffic Management Center Communication,
North Carolina, $2,000,000;
MetroLink Los Angeles Union Station (LAUS)
passenger information delivery system project,
California, $500,000;
Minnesota Guidestar, $9,100,000;
Missouri Statewide Rural ITS, $2,150,000;
Montachusett Area Regional Transit (MART) advanced
vehicle located system, Massachusetts, $200,000;
Monterey-Salinas Transit, intelligent
transportation system, California, $750,000;
Nebraska statewide ITS, $3,000,000;
New Bedford ITS Port Information Center,
Massachusetts, $1,000,000;
New York Metropolitan Area enhanced operations, New
York, $655,000;
Northern Virginia ITS, Virginia, $750,000;
Oklahoma Statewide ITS, $2,750,000;
Pennsylvania Turnpike Commission, Pennsylvania,
$2,000,000;
Program of Projects, Washington, $5,000,000;
Providence Transportation Information Center ITS,
Rhode Island, $1,500,000;
Richmond Highway intelligent transportation system
project, Virginia, $400,000;
Round Rock, Texas, Williamson County,
Communications Integration, $500,000;
Rural Highway Information System, Kentucky,
$6,000,000;
Sacramento Area Council of Governments, Sacramento
region intelligent transportation system projects,
California, $1,000,000;
Salem, New Hampshire ITS, $900,000;
San Diego Joint Transportation Operations Center,
California, $2,000,000;
Santa Teresa Border Tech Center, New Mexico State
University, $1,000,000;
Shreveport ITS, Louisiana, $1,000,000;
Sierra Madre Intermodal Transportation Center,
California, $1,500,000;
South Carolina DOT Statewide ITS, $1,500,000;
South Com Regional Dispatch Trauma Center,
Matteson, Olympia Fields, and Richton Park, Illinois,
$100,000;
SR-68/Riverside Dr. ITS, Espanola, New Mexico,
$500,000;
State of Wisconsin, deployment of commercial
vehicle information system and networks, level one
capability, $500,000;
Statewide Transportation Operations Center,
Kentucky, $1,365,000;
Surface Transportation Institute, University of
North Dakota, $1,000,000;
Surveillance Camera and Transportation Management
Center, Des Moines, Iowa, $400,000;
The Rapid, Grand Rapids, Michigan Public
Transportation, $1,000,000;
Traffic Corridor Communications System, Lake
County, Illinois, $2,000,000;
Tri-Cities Advanced Traffic Management System,
Washington, $500,000;
Tucson ER-LINK ITS project, Arizona, $625,000;
UALR Intelligent transportation system, Little
Rock, Arkansas, $250,000;
University of Nebraska Lincoln SMART
Transportation, $1,000,000;
University of Kentucky Transportation Center,
$1,500,000;
US-395 Columbia River Bridge Traffic Operations and
Traveler Information System, Washington, $250,000;
Utah ITS Commuter Link, Davis and Utah Counties,
$1,000,000;
Vermont Statewide Rural Advanced Traveler System,
$1,500,000;
Vermont Variable Message Signs, $1,000,000;
Washington, DC Metro ITS, $2,000,000;
Wisconsin State Patrol Mobile Data Communications
Network Upgrade, $2,000,000.
Federal-Aid Highways
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For carrying out the provisions of title 23, United States
Code, that are attributable to Federal-aid highways, including
the National Scenic and Recreational Highway as authorized by
23 U.S.C. 148, not otherwise provided, including reimbursement
for sums expended pursuant to the provisions of 23 U.S.C. 308,
$32,000,000,000 or so much thereof as may be available in and
derived from the Highway Trust Fund, to remain available until
expended.
(RESCISSION)
Of the unobligated balances made available under Public Law
103-331, Public Law 102-388, Public Law 102-240, Public Law
102-143, Public Law 101-516, Public Law 97-424, Public Law 101-
164, Public Law 100-17, and Public Law 95-599, $5,609,337 is
rescinded.
(RESCISSION)
Of the unobligated balances of funds apportioned to each
state under the programs authorized under sections 1101(a)(1),
1101(a)(2), 1101(a)(3), 1101(a)(4) and 1101(a)(5) of Public Law
105-178, as amended, $250,000,000 are rescinded.
Appalachian Development Highway System
For necessary expenses for the Appalachian Development
Highway System as authorized under section 1069(y) of Public
Law 102-240, as amended, $188,000,000, to remain available
until expended.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
For necessary expenses for administration of motor carrier
safety programs and motor carrier safety research, pursuant to
section 104(a)(1)(B) of title 23, United States Code, not to
exceed $117,464,000 shall be paid in accordance with law from
appropriations made available by this Act and from any
available take-down balances to the Federal Motor Carrier
Safety Administration, together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration: Provided, That such amounts shall be available
to carry out the functions and operations of the Federal Motor
Carrier Safety Administration.
National Motor Carrier Safety Program
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 31102, 31106 and
31309, $190,000,000, to be derived from the Highway Trust Fund
and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation
or execution of programs the obligations for which are in
excess of $190,000,000 for ``Motor Carrier Safety Grants'', and
``Information Systems''.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
chapter 301 of title 49, United States Code, and part C of
subtitle VI of title 49, United States Code, $138,288,000, of
which $98,161,131 shall remain available until September 30,
2005: Provided, That none of the funds appropriated by this Act
may be obligated or expended to plan, finalize, or implement
any rulemaking to add to section 575.104 of title 49 of the
Code of Federal Regulations any requirement pertaining to a
grading standard that is different from the three grading
standards (treadwear, traction, and temperature resistance)
already in effect.
Operations and Research
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, to remain available until
expended, $72,000,000, to be derived from the Highway Trust
Fund: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2003, are in excess of
$72,000,000 for programs authorized under 23 U.S.C. 403.
National Driver Register
(HIGHWAY TRUST FUND)
For expenses necessary to discharge the functions of the
Secretary with respect to the National Driver Registerunder
chapter 303 of title 49, United States Code, $2,000,000, to be derived
from the Highway Trust Fund, and to remain available until expended.
Highway Traffic Safety Grants
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23
U.S.C. 402, 405, and 410, to remain available until expended,
$225,000,000, to be derived from the Highway Trust Fund:
Provided, That none of the funds in this Act shall be available
for the planning or execution of programs the total obligations
for which, in fiscal year 2003, are in excess of $225,000,000
for programs authorized under 23 U.S.C. 402, 405, and 410, of
which $165,000,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402, $20,000,000 shall be for ``Occupant
Protection Incentive Grants'' under 23 U.S.C. 405, and
$40,000,000 shall be for ``Alcohol-Impaired Driving
Countermeasures Grants'' under 23 U.S.C. 410: Provided further,
That none of these funds shall be used for construction,
rehabilitation, or remodeling costs, or for office furnishings
and fixtures for State, local, or private buildings or
structures: Provided further, That not to exceed $8,150,000 of
the funds made available for section 402, not to exceed
$1,000,000 of the funds made available for section 405, and not
to exceed $2,000,000 of the funds made available for section
410 shall be available to NHTSA for administering highway
safety grants under chapter 4 of title 23, United States Code:
Provided further, That not to exceed $500,000 of the funds made
available for section 410 ``Alcohol-Impaired Driving
Countermeasures Grants'' shall be available for technical
assistance to the States.
FEDERAL RAILROAD ADMINISTRATION
Safety and Operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $117,363,000, of
which $6,636,000 shall remain available until expended.
Railroad Research and Development
For necessary expenses for railroad research and
development, $29,325,000, to remain available until expended.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as amended,
in such amounts and at such times as may be necessary to pay
any amounts required pursuant to the guarantee of the principal
amount of obligations under sections 511 through 513 of such
Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That pursuant to section
502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the
credit risk premium during fiscal year 2003: Provided further,
That no payments of principal or interest shall be collected
during fiscal year 2003 for the direct loan made to the
National Railroad Passenger Corporation under section 502 of
such Act.
Next Generation High-Speed Rail
For necessary expenses for the Next Generation High-Speed
Rail program as authorized under 49 U.S.C. 26101 and 26102,
$30,450,000, to remain available until expended.
Alaska Railroad Rehabilitation
To enable the Secretary of Transportation to make grants to
the Alaska Railroad, $22,000,000 shall be for capital
rehabilitation and improvements benefiting its passenger
operations, to remain available until expended.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation, $1,050,000,000, to
remain available until September 30, 2003, including
$522,000,000 for quarterly grants for operating expenses,
$295,000,000 for quarterly grants for capital expenses along
the Northeast Corridor Mainline, and $233,000,000 for quarterly
grants for general capital improvements: Provided, That the
Secretary of Transportation shall approve funding to cover
operating losses and a long-distance train of the National
Railroad Passenger Corporation only after receiving and
reviewing a grant request for each specific train route:
Provided further, That each such grant request shall be
accompanied by a detailed financial analysis and revenue
projection justifying the federal support to the Secretary's
satisfaction: Provided further, That the Secretary of
Transportation and the Amtrak Board of Directors shall ensure
that, of the amount made available under this heading,
sufficient sums are reserved to satisfy the contractual
obligations of the National Railroad Passenger Corporation for
commuter and intercity passenger rail service: Provided
further, That within 60 days of enactment of this Act but not
later than May 1, 2003, Amtrak shall transmit to the Secretary
of Transportation and the House and Senate Committees on
Appropriations a business plan for operating and capital
improvements to be funded in fiscal year 2003 under section
24104(a) of title 49, United States Code: Provided further,
That the business plan shall include a description of the work
to be funded, along with cost estimates and an estimated
timetable for completion of the projects covered by this
business plan: provided further, That not later than June 1,
2003 and each month thereafter, Amtrak shall submit to the
Secretary of Transportation and the House and Senate Committees
on Appropriations a supplemental report regarding the business
plan, which shall describe the work completed to date, any
changes to the business plan, and the reasons for such changes:
Provided further, That excluding payments made before March 1,
2003, none of the funds in this Act may be used for operating
expenses and capital projects not approved by the Secretary of
Transportation nor on the National Railroad Passenger
Corporation's fiscal year 2003 business plan: Provided further,
That none of the funds under this heading may be obligated or
expended until the National Railroad Passenger Corporation
agrees to continue abiding by the provisions of paragraphs 1,
2, 3, 5, 9, and 11 of the summary of conditions for the direct
loan agreement of June 28, 2002, in the same manner as in
effect on the date of enactment of this Act.
FEDERAL TRANSIT ADMINISTRATION
Administrative Expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $14,600,000: Provided, That no
more than $73,000,000 of budget authority shall be available
for these purposes: Provided further, That of the funds in this
Act available for the execution of contracts under section
5327(c) of title 49, United States Code, $2,000,000 shall be
reimbursed to the Department of Transportation's Office of
Inspector General for costs associated with audits and
investigations of transit-related issues, including reviews of
new fixed guideway systems: Provided further, That not to
exceed $2,600,000 for the National transit database shall
remain available until expended.
Formula Grants
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out 49 U.S.C. 5307, 5308,
5310, 5311, 5327, and section 3038 of Public Law 105-178,
$767,800,000, to remain available until expended: Provided,
That no more than $3,839,000,000 of budget authority shall be
available for these purposes: Provided further, That
notwithstanding section 3008 of Public Law 105-178, $50,000,000
of the funds to carry out 49 U.S.C. 5308 shall be transferred
to and merged with funding provided for the replacement,
rehabilitation, and purchase of buses and related equipment and
the construction of bus-related facilities under ``Federal
Transit Administration, Capital investment grants''.
University Transportation Research
For necessary expenses to carry out 49 U.S.C. 5505,
$1,200,000, to remain available until expended: Provided, That
no more than $6,000,000 of budget authority shall be available
for these purposes.
Transit Planning and Research
For necessary expenses to carry out 49 U.S.C. 5303, 5304,
5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322,
$24,200,000, to remain available until expended: Provided, That
no more than $122,000,000 of budget authority shall be
available for these purposes: Provided further, That $5,250,000
is available to provide rural transportation assistance (49
U.S.C. 5311(b)(2)), $4,000,000 is available to carry out
programs under the National Transit Institute (49 U.S.C. 5315),
$8,250,000 is available to carry out transit cooperative
research programs (49 U.S.C. 5313(a)), $60,385,600 is available
for metropolitan planning (49 U.S.C. 5303, 5304, and 5305),
$12,614,400 is available for State planning (49 U.S.C.
5313(b)); and $31,500,000 is available for the national
planning and research program (49 U.S.C. 5314).
Trust Fund Share of Expenses
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-
5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and
3038 of Public Law 105-178, $5,781,000,000, to remain available
until expended, and to be derived from the Mass Transit Account
of the Highway Trust Fund: Provided, That $3,071,200,000 shall
be paid to the Federal Transit Administration's formula grants
account: Provided further, That $97,800,000 shall be paid to
the Federal Transit Administration's transit planning and
research account: Provided further, That $58,400,000 shall be
paid to the Federal Transit Administration's administrative
expenses account: Provided further, That $4,800,000 shall be
paid to the Federal Transit Administration's university
transportation research account: Provided further, That
$120,000,000 shall be paid to the Federal Transit
Administration's job access and reverse commute grants program:
Provided further, That $2,428,800,000 shall be paid to the
Federal Transit Administration's capital investment grants
account.
Capital Investment Grants
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out 49 U.S.C. 5308, 5309,
5318, and 5327, $607,200,000, to remain available until
expended: Provided, That no more than $3,036,000,000 of budget
authority shall be available for these purposes: Provided
further, That there shall be available for fixed guideway
modernization, $1,214,400,000; there shall be available for the
replacement, rehabilitation, and purchase of buses and related
equipment and the construction of bus-related facilities,
$607,200,000, which shall include $50,000,000 made available
under 5309(m)(3)(C) of this title, plus $50,000,000 transferred
from ``Federal Transit Administration, Formula Grants''; and
there shall be available for new fixed guideway systems
$1,214,400,000, together with $45,000,000 transferred from the
Job Access and Reverse Commute Grants Program account and all
unobligated balances made available in Public Law 105-277 to
carry out section 3037 of Public Law 105-178, as amended; to be
available as follows:
Alaska-Hawaii Setaside, $10,296,000;
Altamont, CA, Commuter Express Maintenance Facility
San Joaquin Rail Commission, $1,000,000;
Atlanta North Springs, GA (North Line Extension),
$16,110,000;
Baltimore, MD, Central LRT Double Tracking Project,
$18,000,000;
Birmingham, AL, Transit Corridor Study, $2,000,000;
Boston, MA, North Shore Corridor Project, $338,000;
Boston, MA, South Boston Piers Transitway,
$681,000;
Bridgeport, CT, Intermodal Transportation Center
Project, $2,500,000;
Burlington-Middlebury, VT, Commuter Rail,
$1,500,000;
Central Phoenix/East Valley, AZ, Light Rail,
$12,000,000;
Charlotte, NC, South Corridor Light Rail Transit
Project, $11,000,000;
Chicago Transit Authority, IL, Dougals Branch
Reconstruction, $55,000,000;
Chicago Transit Authority, IL, Ravenswood
Reconstruction, $3,000,000;
Cleveland, OH, Euclid Corridor Transportation
Project, $6,000,000;
Dallas, TX, North Central Light Rail Extension,
$60,000,000;
Denver, CO, Southeast Center LRT (T-REX),
$70,000,000;
Fort Lauderdale, Tri-County Commuter Rail Upgrades,
$29,250,000;
Houston, TX, Advanced Metro Transit Plan,
$11,000,000;
Las Vegas, NV, Resort Corridor Fixed Guideway,
$7,000,000;
Little Rock, AR, River Rail Streetcar Project,
$1,700,000;
Los Angeles, CA, Eastside Corridor LRT, $4,000,000;
Los Angeles, CA, North Hollywood Red Line,
$40,490,000;
Lowell, MA to Nashua, NH, Commuter Rail Extension,
$3,000,000;
Maryland, MARC Commuter Rail Improvements,
$11,750,000;
Memphis, TN, Medical Center Rail Extension,
$15,610,000;
Metra Commuter Rail and Line Extension Projects
(North Central, Union Pacific West, SouthWest),
$52,000,000;
Metro North Rolling Stock, CT, $4,000,000;
Minneapolis, MN, Hiawatha Corridor LRT,
$60,000,000;
Minneapolis, MN, Northstar Corridor, $5,000,000;
Nashville, TN, East Corridor Commuter Rail,
$4,000,000;
New Jersey, Hudson-Bergen Light Rail--MOS1,
$19,200,000;
New Jersey, Hudson-Bergen Light Rail--MOS2,
$50,000,000;
New Orleans, LA, Canal Street Streetcar Project,
$22,000,000;
New York, Long Island Railroad East Side Access
Project, $13,500,000;
New York, Second Avenue Subway, $2,000,000;
Newark-Elizabeth, NJ, Rail Link, $60,000,000;
Northern Indiana South Shore Commuter Rail Project,
$2,500,000;
Oceanside-Escondido, CA, Rail Corridor,
$13,600,000;
Ogden to Provo, UT, Commuter Rail Corridor,
$5,000,000;
Orange County, CA, Centerline Light Rail Project,
$1,500,000;
Pawtucket, RI, Layover Facility, $4,500,000;
Pittsburgh, PA, North Shore Connector, $7,025,000;
Pittsburgh, PA, Stage II LRT Reconstruction,
$26,250,000;
Portland, OR, Interstate MAX Light Rail Extension,
$70,000,000;
Puget Sound, WA, Sounder Commuter Rail,
$30,000,000;
Raleigh, NC, Triangle Transit Regional Rail
Service, $9,000,000;
Salt Lake City, UT, CBD to University LRT,
$68,760,000;
Salt Lake City, UT, Medical Center LRT,
$12,000,000;
Salt Lake City, UT, North/South LRT, $720,000;
San Diego, CA, Trolley Mission Valley East LRT
Extension, $65,000,000;
San Francisco, CA, BART Extension to San Francisco
Airport, $100,000,000;
San Francisco, CA, Third Street Light Rail
Extension (Phase II), $1,500,000;
San Jose, CA, Silicon Valley Rapid Transit Corridor
Project, $250,000;
San Juan, PR, Tren Urbano, $40,000,000;
Scranton, PA to New York City, NY, Passenger Rail
Service, $2,000,000;
SEPTA, PA, Schuylkill Valley Metro Line,
$9,000,000;
St. Louis, MO, Metrolink, St. Clair Extension,
$3,370,000;
Stamford, CT, Urban Transitway, $10,000,000;
Vermont Transportation Authority Rolling Stock,
$500,000;
Virginia Railway Express project, $2,000,000;
Washington, DC, Dulles Corridor Rapid Transit
Project, $26,500,000;
Washington, DC/MD, Largo Extension, $60,000,000;
Wilmington, DE, Train Station improvements,
$2,000,000;
Wilsonville-Beaverton Commuter Rail Line, OR,
$2,500,000.
Job Access and Reverse Commute Grants
Notwithstanding section 3037(l)(3) of Public Law 105-178,
as amended, for necessary expenses to carry out section 3037 of
the Federal Transit Act of 1998, $30,000,000, to remain
available until expended: Provided, That no more than
$150,000,000 of budget authority shall be available for these
purposes: Provided further, That up to $300,000 of the funds
provided under this heading may be used by the Federal Transit
Administration for technical assistance and support and
performance reviews of the Job Access and Reverse Commute
Grants program: Provided further, That $45,000,000 of the funds
provided under this heading together with all unobligated
balances made available in Public Law 105-277 to carry out
section 3037 of Public Law 105-178 shall be transferred to and
merged with funds for new fixed guideway systems under the
Federal Transit Administration's Capital Investment Grants
account.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation, and
in accord with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation's budget for the current fiscal year.
Operations and Maintenance
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses for operations and maintenance of
those portions of the Saint Lawrence Seaway operated and
maintained by the Saint Lawrence Seaway Development
Corporation, $14,086,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
Research and Special Programs
For expenses necessary to discharge the functions of the
Research and Special Programs Administration, $40,980,000, of
which $645,000 shall be derived from the Pipeline Safety Fund,
and of which $3,250,000 shall remain available until September
30, 2005: Provided, That up to $1,200,000 in fees collected
under 49 U.S.C. 5108(g) shall be deposited in the general fund
of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available
until expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance
of hazardous materials exemptions and approvals functions.
Pipeline Safety
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107, and
to discharge the pipeline program responsibilities of the Oil
Pollution Act of 1990, $63,842,000, of which $7,472,000 shall
be derived from the Oil Spill Liability Trust Fund and shall
remain available until September 30, 2005; of which $56,370,000
shall be derived from the Pipeline Safety Fund, of which
$24,823,000 shall remain available until September 30, 2005.
Emergency Preparedness Grants
(EMERGENCY PREPAREDNESS FUND)
For necessary expenses to carry out 49 U.S.C. 5127(c),
$200,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2005: Provided, That
not more than $14,300,000 shall be made available for
obligation in fiscal year 2003 from amounts made available by
49 U.S.C. 5116(i) and 5127(d): Provided further, That none of
the funds made available by 49 U.S.C. 5116(i) and 5127(d) shall
be made available for obligation by individuals other than the
Secretary of Transportation, or his designee.
OFFICE OF INSPECTOR GENERAL
Salaries and Expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $57,421,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3) to investigate allegations of fraud, including
false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the
Department: Provided further, That the funds made available
under this heading shall be used to investigate, pursuant to
section 41712 of title 49, United States Code: (1) unfair or
deceptive practices and unfair methods of competition by
domestic and foreign air carriers and ticket agents; and (2)
the compliance of domestic and foreign air carriers with
respect to item (1) of this proviso.
SURFACE TRANSPORTATION BOARD
Salaries and Expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $19,450,000:
Provided, That notwithstanding any other provision of law, not
to exceed $1,000,000 from fees established by the Chairman of
the Surface Transportation Board shall be credited to this
appropriation as offsetting collections and used for necessary
and authorized expenses under this heading: Provided further,
That the sum herein appropriated from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2003, to result in
a final appropriation from the general fund estimated at no
more than $18,450,000.
TITLE II
RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
Salaries and Expenses
For expenses necessary for the Architectural and
Transportation Barriers Compliance Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended
$5,194,000: Provided, That, notwithstanding any other provision
of law, there may be credited to this appropriation funds
received for publications and training expenses.
NATIONAL TRANSPORTATION SAFETY BOARD
Salaries and Expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for a GS-15; uniforms, or allowances therefor, as
authorized by law (5 U.S.C. 5901-5902) $72,450,000, of which
not to exceed $2,000 may be used for official reception and
representation expenses.
TITLE III
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
Sec. 301. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries on
official department business; and uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 302. Such sums as may be necessary for fiscal year
2003 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or previous
appropriations Acts.
Sec. 303. Appropriations contained in this Act for the
Department of Transportation shall be available for services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 304. None of the funds in this Act shall be available
for salaries and expenses of more than 106 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this provision
or political and Presidential appointees in an independent
agency funded in this Act may be assigned on temporary detail
outside the Department of Transportation or such independent
agency.
Sec. 305. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 306. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 307. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 308. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 309. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available
for obligation.
Sec. 310. (a) For fiscal year 2003, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation
for Federal-aid Highways amounts authorized for
administrative expenses and programs funded from the
administrative takedown authorized by section
104(a)(1)(A) of title 23, United States Code, for the
highway use tax evasion program and for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation
limitation for Federal-aid Highways that is equal to
the unobligated balance of amounts made available from
the Highway Trust Fund (other than the Mass Transit
Account) for Federal-aid highways and highway safety
programs for the previous fiscal year the funds for
which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-
aid Highways less the aggregate of amounts not
distributed under paragraphs (1) and (2), bears
to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and
highway safety construction programs (other
than sums authorized to be appropriated for
sections set forth in paragraphs (1) through
(7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23,
United States Code, equal to the amount
referred to in subsection (b)(8)) for such
fiscal year less the aggregate of the amounts
not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation limitation for
Federal-aid Highways less the aggregate amounts not
distributed under paragraphs (1) and (2) of section 117
of title 23, United States Code (relating to high
priority projects program), section 201 of the
Appalachian Regional Development Act of 1965, the
Woodrow Wilson Memorial Bridge Authority Act of 1995,
and $2,000,000,000 for such fiscal year under section
105 of title 23, United States Code (relating to
minimum guarantee) so that the amount of obligation
authority available for each of such sections is equal
to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized
to be appropriated for such section (except in the case
of section 105, $2,000,000,000) for such fiscal year;
(5) distribute the obligation limitation provided
for Federal-aid Highways less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4) for each of the
programs that are allocated by the Secretary under
title 23, United States Code (other than activities to
which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio
determined under paragraph (3) by the sums authorized
to be appropriated for such program for such fiscal
year: Provided, That the amount of obligation
limitation distributed for each program does not exceed
90 percent of the amount authorized to be appropriated
for such program, except that for each of the programs
authorized under section 129(c) of title 23, United
States Code and section 1064 of Public Law 102-240, as
amended, sections 1118 and 1119 of Public Law 105-178,
as amended, section 1101(a)(11) of Public Law 105-178,
as amended, section 118(c) of title 23, United States
Code, section 144(g) of title 23, United States Code,
section 1221 of Public Law 105-178, as amended, section
1101(a)(15) of Public Law 105-178, as amended, section
104(b)(1)(A) of title 23, United States Code, section
104(d)(1) of title 23, United States Code, and section
202(b) of title 23, United States Code (excluding the
portion to be made available for Forest Highways under
such subsection), the amount of obligation limitation
distributed for each program shall equal the amount
authorized to be appropriated for such program; and
(6) distribute the obligation limitation provided
for Federal-aid Highways less the aggregate amounts not
distributed under paragraphs (1) and(2) and amounts
distributed under paragraphs (4) and (5) for Federal-aid highways and
highway safety construction programs (other than the minimum guarantee
program, but only to the extent that amounts apportioned for the
minimum guarantee program for such fiscal year exceed $2,639,000,000,
and the Appalachian development highway system program) that are
apportioned by the Secretary under title 23, United States Code, in the
ratio that--
(A) sums authorized to be appropriated for
such programs that are apportioned to each
State for such fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are
apportioned to all States for such fiscal year.
(b) The obligation limitation for Federal-aid Highways
shall not apply to obligations: (1) under section 125 of title
23, United States Code; (2) under section 147 of the Surface
Transportation Assistance Act of 1978; (3) under section 9 of
the Federal-Aid Highway Act of 1981; (4) under sections 131(b)
and 131(j) of the Surface Transportation Assistance Act of
1982; (5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991; (7) under section 157 of
title 23, United States Code, as in effect on the day before
the date of the enactment of the Transportation Equity Act for
the 21st Century; and (8) under section 105 of title 23, United
States Code (but, only in an amount equal to $639,000,000 for
such fiscal year).
(c) Notwithstanding subsection (a), the Secretary shall
after August 1 for such fiscal year revise a distribution of
the obligation limitation made available under subsection (a)
if a State will not obligate the amount distributed during that
fiscal year and redistribute sufficient amounts to those States
able to obligate amounts in addition to those previously
distributed during that fiscal year giving priority to those
States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code,
section 160 (as in effect on the day before the enactment of
the Transportation Equity Act for the 21st Century) of title
23, United States Code, and under section 1015 of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1943-1945).
(d) The obligation limitation shall apply to transportation
research programs carried out under chapter 5 of title 23,
United States Code, except that obligation authority made
available for such programs under such limitation shall remain
available for a period of 3 fiscal years.
(e) Not later than 30 days after the date of the
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds: (1) that
are authorized to be appropriated for such fiscal year for
Federal-aid highways programs (other than the program under
section 160 of title 23, United States Code) and for carrying
out subchapter I of chapter 311 of title 49, United States
Code, and highway-related programs under chapter 4 of title 23,
United States Code; and (2) that the Secretary determines will
not be allocated to the States, and will not be available for
obligation, in such fiscal year due to the imposition of any
obligation limitation for such fiscal year. Such distribution
to the States shall be made in the same ratio as the
distribution of obligation authority under subsection (a)(6).
The funds so distributed shall be available for any purposes
described in section 133(b) of title 23, United States Code.
(f) Obligation limitation distributed for a fiscal year
under subsection (a)(4) of this section for a section set forth
in subsection (a)(4) shall remain available until used and
shall be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
Sec. 311. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for
a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 312. None of the funds in this Act shall be available
to plan, finalize, or implement regulations that would
establish a vessel traffic safety fairway less than five miles
wide between the Santa Barbara Traffic Separation Scheme and
the San Francisco Traffic Separation Scheme.
Sec. 313. Notwithstanding any other provision of law,
airports may transfer, without consideration, to the Federal
Aviation Administration (FAA) instrument landing systems (along
with associated approach lighting equipment and runway visual
range equipment) which conform to FAA design and performance
specifications, the purchase of which was assisted by a Federal
airport-aid program, airport development aid program or airport
improvement program grant: Provided, That, the FederalAviation
Administration shall accept such equipment, which shall thereafter be
operated and maintained by FAA in accordance with agency criteria.
Sec. 314. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made
available by this Act under ``Federal Transit Administration,
Capital investment grants'' for projects specified in this Act
or identified in reports accompanying this Act not obligated by
September 30, 2005, and other recoveries, shall be made
available for other projects under 49 U.S.C. 5309.
Sec. 315. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2002, under any section of
chapter 53 of title 49, United States Code, that remain
available for expenditure may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 316. None of the funds in this Act may be used to
compensate in excess of 350 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center for
Advanced Aviation Systems Development during fiscal year 2003.
Sec. 317. Notwithstanding any other provision of law,
whenever an allocation is made of the sums authorized to be
appropriated for expenditure on the Federal lands highway
program, and whenever an apportionment is made of the sums
authorized to be appropriated for expenditure on the surface
transportation program, the congestion mitigation and air
quality improvement program, the National Highway System, the
Interstate maintenance program, the bridge program, the
Appalachian development highway system, and the minimum
guarantee program, the Secretary of Transportation shall--
(1) deduct a sum in such amount not to exceed .45
percent of all sums so made available, as the Secretary
determines necessary, to administer the provisions of
law to be financed from appropriations for motor
carrier safety programs and motor carrier safety
research: Provided, That any deduction by the Secretary
of Transportation in accordance with this subsection
shall be deemed to be a deduction under section
104(a)(1)(B) of title 23, United States Code, and the
sum so deducted shall remain available until expended;
and
(2) deduct a sum in such amount not to exceed 2.65
percent of all sums so made available, as the Secretary
determines necessary to administer the provisions of
law to be financed from appropriations for the programs
authorized under chapters 1 and 2 of title 23, United
States Code, and to make transfers in accordance with
section 104(a)(1)(A)(ii) of title 23, United States
Code: Provided, That any deduction by the Secretary of
Transportation in accordance with this subsection shall
be deemed to be a deduction under section 104(a)(1)(A)
of title 23, United States Code, and the sum so
deducted shall remain available until expended.
Sec. 318. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses
incurred for training may be credited respectively to the
Federal Highway Administration's ``Federal-Aid Highways''
account, the Federal Transit Administration's ``Transit
Planning and Research'' account, and to the Federal Railroad
Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant
to 49 U.S.C. 20105.
Sec. 319. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C.
5309(m)(2)(B) may be used to construct new vessels and
facilities, or to improve existing vessels and facilities,
including both the passenger and vehicle-related elements of
such vessels and facilities, and for repair facilities:
Provided, That not more than $3,000,000 of the funds made
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by
the State of Hawaii to initiate and operate a passenger
ferryboat services demonstration project to test the viability
of different intra-island and inter-island ferry boat routes
and technology: Provided further, That notwithstanding-49
U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii
ferry boats may be used to acquire passenger ferry boats and to
provide passenger ferry transportation services within areas of
the State of Hawaii under the control or use of the National
Park Service.
Sec. 320. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to 49 U.S.C.
111 may be credited to the Federal-aid highways account for the
purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation
for Federal-aid highways and highway safety construction.
Sec. 321. (a) Section 47107 of title 49, United States
Code, is amended by inserting after section 47107(p) the
following:
``(q) Notwithstanding any written assurances prescribed in
subsections (a) through (p), a general aviation airport with
more than 300,000 annual operations may be exempt from having
to accept scheduled passenger air carrier service, provided
that the following conditions are met:
``(1) No scheduled passenger air carrier has
provided service at the airport within five years prior
to January 1, 2002;
``(2) The airport is located within the Class B
airspace of an airport that maintains an airport
operating certificate pursuant to Section 44706 of
title 49; and,
``(3) The certificated airport operating under
Section 44706 of title 49 has sufficient capacity and
does not contribute to significant delays as defined by
DOT/FAA in the `Airport Capacity Benchmark Report
2001'.
``(r) An airport that meets the conditions of subsections
(q)(1) through (3) is not subject to Section 47524 of title 49
with respect to a prohibition on all scheduled passenger
service.''.
(b) This section shall be effective upon enactment,
notwithstanding any other section of title 49.
Sec. 322. None of the funds in this Act shall, in the
absence of express authorization by Congress, be used directly
or indirectly to pay for any personal service, advertisement,
telegraph, telephone, letter, printed or written material,
radio, television, video presentation, electronic
communications, or other device, intended or designed to
influence in any manner a Member of Congress or of a State
legislature to favor or oppose by vote or otherwise, any
legislation or appropriation by Congress or a State legislature
after the introduction of any bill or resolution in Congress
proposing such legislation or appropriation, or after the
introduction of any bill or resolution in a State legislature
proposing such legislation or appropriation: Provided, That
this shall not prevent officers or employees of the Department
of Transportation or related agencies funded in this Act from
communicating to Members of Congress or to Congress, on the
request of any Member, or to members of a State legislature, or
to a State legislature, through the proper official channels,
requests for legislation or appropriations which they deem
necessary for the efficient conduct of business.
Sec. 323. (a) Funds provided in Public Law 106-69 for the
Wilmington, Delaware downtown transit connector and funds
provided in Public Law 106-346 for the Wilmington downtown
corridor project shall be available for Wilmington, Delaware
commuter rail improvements.
(b) Funds provided in Public Law 106-346 for Missoula
Ravalli Transportation Management Administration buses shall be
available for Missoula Ravalli Transportation Management
Administrationbuses and bus facilities.
Sec. 324. (a) In General.--Hereafter, none of the funds
made available in this Act may be expended by an entity unless
the entity agrees that in expending the funds the entity will
comply with the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and
products.--In the case of any equipment or product that
may be authorized to be purchased with financial
assistance provided using funds made available in this
Act, it is the sense of the Congress that entities
receiving the assistance should, in expending the
assistance, purchase only American-made equipment and
products to the greatest extent practicable.
(2) Notice to recipients of assistance.--In
providing financial assistance using funds made
available in this Act, the head of each Federal agency
shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1)
by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined
by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription, or
any inscription with the same meaning, to any product sold in
or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 325. Notwithstanding any other provision of law,
Walnut Ridge Regional Airport shall transfer to the Federal
Aviation Administration (FAA) their localizer instrument
landing system, which shall thereafter be operated and
maintained by FAA in accordance with agency criteria.
Sec. 326. Notwithstanding any other provision of law,
Williams Gateway Airport shall transfer to the Federal Aviation
Administration (FAA) air traffic control tower equipment, which
shall thereafter be operated and maintained by FAA in
accordance with agency criteria.
Sec. 327. Section 218(a) of Title 23, United States Code,
is amended by inserting ``reauthorization of the'' before
``Transportation''.
Sec. 328. Notwithstanding any other provision of law, rule
or regulation, the Secretary of Transportation is authorized to
allow the issuer of any preferred stock heretofore sold to the
Department to redeem or repurchase such stock upon the payment
to the Department of an amount determined by the Secretary.
Sec. 329. None of the funds in this Act may be used to make
a grant unless the Secretary of Transportation, or the
Secretary of Department in which the Transportation Security
Administration is operating, notifies the House and Senate
Committees on Appropriations not less than 3 full business days
before any discretionary grant award, letter of intent, or full
funding grant agreement totaling $1,000,000 or more is
announced by the department or its modal administrations from:
(1) any discretionary grant program of the Federal Highway
Administration other than the emergency relief program; (2) the
airport improvement program of the Federal Aviation
Administration; (3) any program of the Federal Transit
Administration other than the formula grants and fixed guideway
modernization programs; or (4) any port security grants
totaling $500,000 or more of the Transportation Security
Administration: Provided, That no notification shall involve
funds that are not available for obligation.
Sec. 330. In addition to amounts otherwise made available
in this Act, to enable the Secretary of Transportation to make
grants for surface transportation projects, $90,600,000, to
remain available until expended: Provided, That notwithstanding
any other provision of law, the surface transportation projects
identified in the Joint Explanatory Statement of the Committee
of Conference accompanying this Act are eligible for funding
made available by the immediately preceding clause of this
provision.
Sec. 331. None of the funds made available in this Act may
be used for engineering work related to an additional runway at
Louis Armstrong New Orleans International Airport.
Sec. 332. (a) None of the funds made available in this Act
shall be available for the design or construction of a light
rail system in Houston, Texas;
(b) Notwithstanding (a), amounts made available in this Act
or previous Acts under the heading ``Federal Transit
Administration, Capital investment grants'' for a Houston,
Texas, Metro advanced transit plan project shall be available
for obligation or expenditure subject to the following
conditions:
(1) Sufficient amounts shall be used for major
investment studies in 4 major corridors.
(2) The Texas Department of Transportation shall
review and comment on the findings of the studies under
paragraph (1). Any comments by such department on such
findings shall be included in any final report on such
studies.
(3) If a final report on the studies under
paragraph (1) is not available for at least the 1-month
period preceding the date of any referendum held by the
City of Houston, Texas, or by a county of Texas,
regarding approval of the issuance of bonds for funding
a light rail system in Houston, Texas, all information
developed by such studies regarding passenger and cost
estimates for such a system shall be made available to
the public at least 1 month before the date of the
referendum.
Sec. 333. Of the funds provided in section 101(a)(2) of
Public Law 107-42, $90,000,000 are rescinded.
Sec. 334. (a) The Secretary of Transportation shall enter
into an agreement with the National Academy of Sciences under
which agreement the National Academy of Sciences shall conduct
a study of the procedures by whichthe Department of Energy,
together with the Department of Transportation and the Nuclear
Regulatory Commission, selects routes for the shipment of spent nuclear
fuel from research nuclear reactors between or among existing
Department of Energy facilities currently licensed to accept such spent
nuclear fuel.
(b) In conducting the study under subsection (a), the
National Academy of Sciences shall analyze the manner in which
the Department of Energy--
(1) selects potential routes for the shipment of
spent nuclear fuel from research nuclear reactors
between or among existing Department facilities
currently licensed to accept such spent nuclear fuel;
(2) selects such a route for a specific shipment of
such spent nuclear fuel; and
(3) conducts assessments of the risks associated
with shipments of such spent nuclear fuel along such a
route.
(c) The analysis under subsection (b) shall include a
consideration whether, and to what extent, the procedures
analyzed for purposes of that subsection take into account the
following:
(1) The proximity of the routes under consideration
to major population centers and the risks associated
with shipments of spent nuclear fuel from research
nuclear reactors through densely populated areas.
(2) Current traffic and accident data with respect
to the routes under consideration.
(3) The quality of the roads comprising the routes
under consideration.
(4) Emergency response capabilities along the
routes under consideration.
(5) The proximity of the routes under consideration
to places or venues (including sports stadiums,
convention centers, concert halls and theaters, and
other venues) where large numbers of people gather.
(d) In conducting the study under subsection (a), the
National Academy of Sciences shall also make such
recommendations regarding the matters studied as the National
Academy of Sciences considers appropriate.
(e) The Secretary shall disburse to the National Academy of
Sciences the funds for the cost of the study required by
subsection (a) not later than 30 days after the date of the
enactment of this Act.
(f) Not later than six months after the date of the
disbursal of funds under subsection (e), the National Academy
of Sciences shall submit to the appropriate committees of
Congress a report on the study conducted under subsection (a),
including the recommendations required by subsection (d).
(g) In this section, the term ``appropriate committees of
Congress'' means--
(1) the Committees on Commerce, Science, and
Transportation, Energy and Natural Resources, and
Environment and Public Works of the Senate;
(2) the Committee on Energy and Commerce of the
House of Representatives; and
(3) the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 335. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration and
the Transportation Security Administration without cost
building construction, maintenance, utilities and expenses, or
space in airport sponsor-owned buildings for services relating
to air traffic control, air navigation, aviation security or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require
airport sponsors to provide land without cost to the FAA for
air traffic control facilities and the TSA for necessary
security checkpoints.
Sec. 336. For the purpose of any applicable law, for fiscal
year 2003, the city of Norman, Oklahoma, shall be considered to
be part of the Oklahoma City Transportation Management Area.
Sec. 337. For an airport project that the Administrator of
the Federal Aviation Administration (FAA) determines will add
critical airport capacity to the national air transportation
system, the Administrator is authorized to accept funds from an
airport sponsor, including entitlement funds provided under the
``Grants-in-Aid for Airports'' program, for the FAA to hire
additional staff or obtain the services of consultants:
Provided, That the Administrator is authorized to accept and
utilize such funds only for the purpose of facilitating the
timely processing, review, and completion of environmental
activities associated with such project.
Sec. 338. (a) In General.--Notwithstanding any other
provision of subchapter I of Chapter 471 of title 49, the
Secretary of Transportation may provide grants under such
subchapter I of chapter 471 to the airport sponsor of the
Double Eagle II Airport in Albuquerque, New Mexico, for--
(1) the construction of an air traffic control
tower; and
(2) the acquisition and installation of air traffic
control equipment to be used in the air traffic control
tower that will assist in sustaining or improving the
safe and efficient movement of air traffic.
(b) Eligibility.--The sponsor shall be eligible for a grant
under this section if--
(1) the sponsor would otherwise be eligible to
participate in the pilot program established under
section 47124(b)(3) of title 49 except for the lack of
the air traffic control tower proposed to be
constructed under this section; and
(2) the sponsor agrees to fund not less than 10
percent of the costs of construction of the air traffic
control tower.
(c) Project Costs.--Grants under this act shall be paid
only from amounts apportioned to the sponsor or for airports in
the state under section 47114(d) of title 49, United States
Code.
(d) Federal Cost.--The Federal cost of construction of an
air traffic control tower under this section may not exceed
$1,800,000.
Sec. 339. Notwithstanding any other provision of law,
States may use funds provided in this Act under section 402 of
title 23, United States Code, to produce and place highway
safety public service messages in television, radio, cinema,
and print media, and on the Internet in accordance with
guidance issued by the Secretary of Transportation: Provided,
That any state that uses funds for such public service messages
shall submit to the Secretary a report describing and assessing
the effectiveness of the messages: Provided further, That
$10,000,000 of the funds allocated for innovative seat belt
projects under section 157 of title 23, United States Code, and
$11,000,000 of funds allocated under section 163 of title 23,
United States Code, shall be used as directed by the National
Highway Traffic Safety Administrator, to purchase advertising
in broadcast media to support the national mobilizations
conducted in all fifty states, aimed at increasing seat belt
use and reducing impaired driving: Provided further, That up to
$1,000,000 of the funds allocated under section 163 of title
23, United States Code, shall be used by the Administrator to
evaluate the effectiveness of alcohol-impaired driving programs
that purchase advertising as provided by this section.
Sec. 340. For purposes of entering into joint public-
private partnerships and other cooperative arrangements for the
performance of work, the Coast Guard Yard and other Coast Guard
specialized facilities designated by the Commandant may enter
into agreements or other arrangements, receive and retain funds
from and pay funds to such public and private entities, and may
accept contributions of funds, materials, services, and the use
of facilities from such entities: Provided, That amounts
received under this section may be credited to appropriate
Coast Guard accounts.
Sec. 341. None of the funds in this Act may be obligated
for the Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the normal
reprogramming process for Congressional notification.
Sec. 342. None of the funds in this Act may be expended to
issue, implement, or enforce a regulation that diminishes or
revokes an exemption authorized under section 345 of the
National Highway System Designation Act of 1995 (Public Law
104-59; 109 Stat. 613; 49 U.S.C. 31136 note) before the
Secretary of Transportation determines by a rulemaking
proceeding that the exemptions granted are not in the public
interest and adversely affects the safety of commercial motor
vehicles with respect to such exemption that is required under
subsection (c) of such section and, as under subsection (d), if
a result of monitoring the safety performance of drivers of
commercial vehicles that are subject to an exemption under
section 345, the Secretary determines that public safety has
been severely affected by an exemption granted under this
section, the Secretary shall report to Congress that
determination: Provided, That this limitation shall not
preclude the Secretary from revoking an exemption granted to an
individual, farm, company, or other entity under section 345 of
Public Law 104-59 for national security reasons.
Sec. 343. (a) From the unexpended balances of the Local
Rail Freight Assistance program under chapter 221 of title 49,
U.S.C., $690,287 are rescinded.
(b) For the necessary expenses of the State of Iowa for a
rail infrastructure rehabilitation project on the Iowa Northern
Railway, $690,287, to remain available until expended.
Sec. 344. In addition to amounts otherwise made available
in this Act, to enable the Secretary of Transportation to make
grants for surface transportation projects, $285,000,000, to be
derived from the Highway Trust Fund (other than the Mass
Transit Account) and to remain available until expended:
Provided, That notwithstanding any other provision of law, the
surface transportation projects identified in the Joint
Explanatory Statement of the Committee of Conference
accompanying this Act are eligible for funding made available
by the immediately preceding clause of this provision.
Sec. 345. Notwithstanding any other provision of law--
(1) in section 1602 of the Transportation Equity
Act for the 21st Century--
(A) item number 426 (112 Stat. 272) is
amended by striking ``Louisiana Highway 16''
and inserting the following: ``Louisiana
Highway 1026'';
(B) item number 696 (112 Stat. 383),
relating to Gettysburg, Pennsylvania, is
amended by inserting after ``Gettysburg
comprehensive road improvement study'' the
following: ``and construction of projects
identified in the study'';
(C) item number 230 is amended by striking
``Construct new exit 46A on I-90 at route 170
in North Chili'' and inserting ``Monroe County
transportation improvements on Long Pond Road,
Pattonwood Road, and Leyll road'';
(D) item number 1344 (112 Stat. 306) is
amended by striking ``Upgrade'' and all that
follows through ``City'' and inserting the
following, ``Upgrade Frederic Douglas Circle
and Manhattan Avenue from West 110th Street to
West 125th Street, New York City'';
(E) item number 1108 is amended by striking
``Construct'' and all that follows through
``Brownsville'' and inserting ``Construct west
Rail Project in or near Brownsville, including
a new railroad international bridge crossing
over the Rio Grande River'';
(F) item number 1269 (112 Stat. 303) is
amended by striking ``Implement'' and all that
follows through ``system'' and inserting the
following: ``New York City Department of Parks
and Recreation, Bronx, NY Center Transportation
Project'';
(G) item number 933 (112 Stat. 291) is
amended by striking ``Redesign'' and all that
follows through ``City'' and inserting the
following: ``Design, construction and related
enhancement of the Grand Concourse between E.
161st St. and E. 166th St., New York City'';
(H) item number 75 (112 Stat. 259) is
amended by striking ``Construct'' and all that
follows through ``Route'' and inserting the
following: ``Bronx, NY River Greenway''; and
(I) item number 1735 (112 Stat. 320) is
amended by inserting: ``, and/or,
notwithstanding any other provision of law,
design, and construction of Type II noise
abatement projects south of the new interchange
and Neshaminy Creek, along Interstate 95
between Exit 25 and 26 in Bensalem Township,
Bucks County'' after ``improvements'';
(2) section 3030(d)(3) of the Transportation Equity
Act for the 21st Century (Public Law 105-178) is
amended by redesignating the second subparagraph (D)
(as added by section 361 of Public Law 107-87) as
subparagraph (E) and by inserting at the end:
``(F) Port of Anchorage Intermodal
passenger and freight facility.
``(G) Mobile Waterfront Terminal and
Maritime Center of the Gulf.''.
(3) of the $668,000 appropriated under the heading
``Surface Transportation Projects'' in Public Law 103-
331 for CA 113 railroad grade separation, California,
the unobligated share shall be available for railroad
grade separation for the City of Dixon, Solano County,
California;
(4) the $500,000 appropriated under the heading
``Surface Transportation Projects'' in Public Law 103-
331 for 6th and 7th Sts. improvements Brownsville, TX
may be used to construct the West Rail project in or
near Brownsville, including a new international
railroad bridge crossing over the Rio Grande River;
(5) section 610, section 609(c), and the last
sentence of section 604(b)(1) of Public Law 97-468 are
repealed; and
(6) for the purpose of further leveraging Federal
resources and enhancing private investment supporting
the financing of public toll roads in Orange County,
California, authorized by section 129(d) of title 23,
United States Code, the Secretary of Transportation
shall modify the agreements entered into with the San
Joaquin Hills Transportation Corridor Agency and the
Foothill Eastern Transportation Corridor Agency
pursuant to section 339 of Public Law 102-388, section
336 of Public Law 103-331 and section 356 of Public Law
104-50, to extend the term of coverage provided by such
lines throughout the term of the revenue bonds issued
to acquire, finance or refinance those facilities,
including revenue bonds issued by a new joint powers
agency to finance the acquisition of assets from the
existing Transportation Corridor Agencies: Provided,
That notwithstanding any other provision of law, such
modifications shall be deemed eligible under section
184 of title 23, United States Code, and shall be
funded under section 188 of title 23, United States
Code: Provided further, That notwithstanding any other
provision of law, any amounts of the original Federal
lines of credit not drawn upon, up to the combined
original principal amount of $240,000,000, shall
continue to be available for draws until such revenue
bonds have been retired: Provided further, That
notwithstanding any other provision of law, not more
than 20 percent of the combined original principal
amount shall be available for draws in any one year:
Provided further, That notwithstanding any other
provision of law, any draw (except for operation and
maintenance expenses) shall be repaid not later than
five years following the year in which such revenue
bonds have been retired. In implementing this section,
the Secretary may modify other terms of the existing
Federal lines of credit, including by combining them
into a single line of credit the principal amount of
which is limited to $240,000,000, provided that the
marginal budgetary cost of any such additional
modifications is funded under section 188 of title 23,
United States Code.
Sec. 346. None of the funds in this Act may be obligated or
expended by the Federal Motor Carrier Safety Administration for
the development or implementation of a pilot program for the
purpose of allowing commercial drivers 18 to 20 years of age to
operate the trucks and buses of motor carriers in interstate
commerce.
Sec. 347. Section 1023(h) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 127 note,
Public Law 102-240) is amended--
(1) in the subsection heading, by inserting ``Over-
the-Road Buses and'' before ``Public''; and
(2) in paragraph (1), by striking ``to any vehicle
which'' and inserting the following: ``to--
``(A) any over-the-road bus (as defined in
section 301 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12181)); or
``(B) any vehicle that''.
Sec. 348. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated insection 350
of Public Law 107-87, including that the Secretary submit a report to
the House and Senate Appropriations Committees annually on the safety
and security of transportation into the United States by Mexico-
domiciled motor carriers.
Sec. 349. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 350. On February 15, 2003, and on each year
thereafter, the National Railroad Passenger Corporation shall
submit to the appropriate Congressional Committees a report
detailing the per passenger operating loss on each rail line.
Sec. 351. Deputation of Law Enforcement Officers. (a)
Deputation Authority.--Subchapter I of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:
``SEC. 44922. DEPUTATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
``(a) Deputation Authority.--The Under Secretary of
Transportation for Security may deputize a State or local law
enforcement officer to carry out Federal airport security
duties under this chapter.
``(b) Fulfillment of Requirements.--A State or local law
enforcement officer who is deputized under this section shall
be treated as a Federal law enforcement officer for purposes of
meeting the requirements of this chapter and other provisions
of law to provide Federal law enforcement officers to carry out
Federal airport security duties.
``(c) Agreements.--To deputize a State or local law
enforcement officer under this section, the Under Secretary
shall enter into a voluntary agreement with the appropriate
State or local law enforcement agency that employs the State or
local law enforcement officer.
``(d) Reimbursement.--
``(1) In general.--The Under Secretary shall
reimburse a State or local law enforcement agency for
all reasonable, allowable, and allocable costs incurred
by the State or local law enforcement agency with
respect to a law enforcement officer deputized under
this section.
``(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection.
``(e) Federal Tort Claims Act.--A State or local law
enforcement officer who is deputized under this section shall
be treated as an `employee of the Government' for purposes of
sections 1346(b), 2401(b), and chapter 171 of title 28, United
States Code, while carrying out Federal airport security duties
within the course and scope of the officer's employment,
subject to federal supervision and control, and in accordance
with the terms of such deputation.
``(f) Stationing of Officers.--The Under Secretary may
allow law enforcement personnel to be stationed other than at
the airport security screening location if that would be
preferable for law enforcement purposes and if such personnel
would still be able to provide prompt responsiveness to
problems occurring at the screening location.''.
(b) Security Service Fee.--Section 44940(a)(1) of title 49,
United States Code, is amended by adding at the end the
following: ``For purposes of subparagraph (A), the term
`Federal law enforcement personnel' includes State and local
law enforcement officers who are deputized under section
44922.''.
(c) Conforming Amendment.--The table of sections for
chapter 449 of title 49, United States Code, is amended by
adding at the end of the items relating to subchapter I the
following:
``44922. Deputation of State and local law enforcement officers.''.
(d) Deputation of Federal Law Enforcement Officers.--
Section 114(q)(1) of title 49, United States Code, is amended
by adding ``or other federal agency'' after ``Transportation
Security Administration''.
Sec. 352. FAA Notice to Airmen FDC 2/0199. (a) In
General.--The Secretary of Transportation--
(1) shall maintain in full force and effect, for a
period of one year after the date of enactment of this
Act, the restrictions imposed under Federal Aviation
Administration Notice to Airmen FDC 2/0199 and the
restrictions that had been in effect on September 26,
2002 and that were imposed under local Notices to
Airmen based on or derived from Notice to Airmen FDC 1/
3353;
(2) shall rescind immediately any waivers or
exemptions from those restrictions that are in effect
on the date of enactment of this Act; and
(3) may not grant any waivers or exemptions from
those restrictions, except--
(A) as authorized by air traffic control
for operational or safety purposes;
(B) for operational purposes of an event,
stadium, or other venue, including (in the case
of a sporting event) equipment or parts,
transport of team members, officials of the
governing body and immediate family members and
guests of such teams and officials to and from
the event, stadium, or other venue;
(C) for broadcast coverage for any
broadcast rights holder;
(D) for safety and security purposes of the
event, stadium, or other venue; or
(E) to operate an aircraft in restricted
airspace to the extent necessary to arrive at
or depart from an airport using standard air
traffic procedures.
(b) Waivers.--Beginning no earlier than one year after the
date of enactment of this Act, the Secretary may modify or
terminate such restrictions, or issue waivers or exemptions
from such restrictions, if the Secretary promulgates, after
public notice and an opportunity for comment, a rule setting
forth the standards under which the Secretary may grant a
waiver or exemption. Such standards shall provide a level of
security at least equivalent to that provided by the waiver
policy applied by the Secretary as of the date of enactment of
this Act.
(c) Funding Limitation.--Unless and until the Secretary
promulgates a rule in accordance with subsection (b) above,
none of the funds made available in this Act or any other Act
may be used to terminate or limit the restrictions described in
paragraph (a)(1) above or togrant waivers of, or exemptions
from, such restrictions except as provided in paragraph (a)(3) above.
(d) Broadcast Contracts Not Affected.--Nothing in this
section shall be construed to affect contractual rights
pertaining to any broadcasting agreement.
Sec. 353. None of the funds in this Act shall be used to
procure Coast Guard ships, including main diesel engines,
unless such procurement is in compliance with the Buy American
Act, 41 U.S.C. 10(a)-10(d).
Sec. 354. Title 49, United States Code, is amended by
striking subsection (d) of section 13703 and relettering
subsequent subsections accordingly.
Sec. 355. No funds appropriated in this Act may be used to
apply or enforce a regulatory requirement for strengthening of
flight deck doors on classes of aircraft not specifically
required to take such action under Public Law 107-71, section
104(a)(1), unless and until the Under Secretary of
Transportation for Security, after opportunity for notice and
comment, determines that such strengthening is necessary for
aviation security purposes.
Sec. 356. Insert the following new section at the end of
chapter 53 of Title 49, United States Code:
``Sec. 5339. Effective for funds not yet expended on the
effective date of this section, the federal share for funds
under this chapter for a grantee named in section 603(14) of
Public Law 97-468 shall be the same as the federal share under
23 U.S.C. section 120(b) for federal aid highway funds
apportioned to the state in which it operates.''.
Sec. 357. (a) In General.--As soon as practicable after the
date of enactment of this Act, the Secretary of Transportation
shall enter into an agreement with the State of Nevada, the
State of Arizona, or both, to provide a method of funding for
construction of a Hoover Dam Bypass Bridge from funds allocated
for the Federal Lands Highway Program under section 202(b) of
title 23, United States Code.
(b) Methods of Funding.--
(1) The agreement entered into under subsection (a)
shall provide for funding in a manner consistent with
the advance construction and debt instrument financing
procedures for Federal-aid Highways set forth in
sections 115 and 122 of title 23, except that the
funding source may include funds made available under
the Federal Lands Highway Program.
(2) Eligibility for funding under this subsection
shall not be construed as a commitment, guarantee, or
obligation on the part of the United States to provide
for payment of principal or interest of an eligible
debt financing instrument as so defined in section 122,
nor create a right of a third party against the United
States for payment under an eligible debt financing
instrument. The agreement entered into pursuant to
subsection (a) shall make specific reference to this
provision of law.
(3) The provisions of this section do not limit the
use of other available funds for which the project
referenced in subsection (a) is eligible.
Sec. 358. Hereafter, none of the funds appropriated or
otherwise made available in this Act may be made available to
any person or entity convicted of violating the Buy American
Act (41 U.S.C. 10a-10c).
Sec. 359. For fiscal year 2003, notwithstanding any other
provision of law, historic covered bridges eligible for Federal
assistance under section 1224 of the Transportation Equity Act
for the 21st Century, as amended, may be funded from amounts
set aside for the discretionary bridge program.
Sec. 360. None of the funds provided in this Act or prior
Appropriations Acts for Coast Guard ``Acquisition,
construction, and improvements'' shall be available after the
fifteenth day of any quarter of any fiscal year, unless the
Commandant of the Coast Guard first submits to the House and
Senate Committees on Appropriations a quarterly report on the
agency's mission hour emphasis and a quarterly report on all
major Coast Guard acquisition projects including projects
executed for the Coast Guard by the United States Navy and
vessel traffic service projects: Provided, That such
acquisition reports shall include an acquisition schedule,
estimated current and year funding requirements, and a schedule
of anticipated obligations and outlays for each major
acquisition project: Provided further, That such acquisition
reports shall rate on a relative scale the cost risk, schedule
risk, and technical risk associated with each acquisition
project and include a table detailing unobligated balances to
date and anticipated unobligated balances at the close of the
fiscal year and the close of the following fiscal year should
the Administration's pending budget request for the
acquisition, construction, and improvements account be fully
funded: Provided further, That such acquisition reports shall
also provide abbreviated information on the status of shore
facility construction and renovation projects: Provided
further, That all information submitted in such mission hour
emphasis and acquisition reports shall be current as of the
last day of the preceding quarter.
Sec. 361. Of the funds made available for fiscal year 2003
in section 188(a)(1) of title 23, United States Code, along
with any available unobligated balances of funds made available
in prior years, $115,000,000 shall instead be available for the
programs authorized in section 1101(a)(9) of Public Law 105-
178, as amended, and $65,000,000 shall instead be made
available for section 1221 of Public Law 105-178, as amended.
Sec. 362. Funds provided in this Act for the Working
Capital Fund shall be reduced by $12,600,000, which limits
fiscal year 2003 Working Capital Fund obligational authority
for elements of the Department of Transportation funded in this
Act to no more than $119,166,000: Provided, That such
reductions from the budget request shall be allocated by the
Department of Transportation to each appropriations account in
proportion to the amount included in each account for the
Working Capital Fund.
Sec. 363. (a) Notwithstanding any other provision of law,
and subject to the requirements of this section, the Secretary
of Transportation is authorized to waive any of the terms,
conditions, reservations, and restrictions contained in the
deeds of conveyance and subsequent corrections to the deeds of
conveyance under which the United States conveyed certain
property to Gadsden, Alabama, for airport purposes.
(b) No waiver may be granted under subsection (a) if the
waiver would result in the closure of an airport.
(c) Gadsden, Alabama, shall agree that in selling, leasing,
or conveying any interest in, the property for which waivers
are granted under subsection (a), the amount received by the
city shall be used by the city for the development,
improvement, operation, or maintenance of the Gadsden Municipal
Airport.
Sec. 364. Of the funds made available under section
1101(a)(12) and section 1503 of Public Law 105-178, as amended,
$8,000,000 are rescinded.
Sec. 365. Transfer of Funds Between Highway Projects, Lake
Charles, Louisiana.--Notwithstanding any other provision of
law, funds made available for construction of roads and a
bridge to provide access to the Rose Bluff industrial area,
Lake Charles, Louisiana, under section 149(a)(87) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 194; 109 Stat. 607) and item 17 of the table
contained in section 1106(a)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2038) shall be
made available for the project in Lake Charles, Louisiana,
consisting of--
(1) construction of Nelson Access Road to the Port
of Lake Charles as described in item 1596 of the table
contained in section 1602 of the Transportation Equity
Act for the 21st Century (112 Stat. 315);
(2) planning, design, and reconstruction of Cove
Lane exit from Interstate 210; and
(3) planning, design, and construction of West
Prien Lake Road.
Sec. 366. Notwithstanding any other provision of law, of
the funds available under section 104(a)(1)(A) of title 23,
United States Code, for surface transportation projects,
$13,000,000 shall be available to the Secretary to make grants
to the Kentucky Turnpike Authority to pay the debt on bonds
issued by the Kentucky Turnpike Authority before January 1,
2003, for the Daniel Boone Parkway, Kentucky, and the
Cumberland Parkway, Kentucky.
Sec. 367. Letters of Intent for Airport Security
Improvement Projects.--(a) The Under Secretary of
Transportation for Security may issue a letter of intent to an
airport committing to obligate from future budget authority an
amount, not more than the Federal Government's share of the
project's cost, for an airport security improvement project
(including interest costs and costs of formulating the project)
at the airport. The letter shall establish a schedule under
which the Under Secretary will reimburse the airport for the
Government's share of the project's costs, as amounts become
available, if the airport, after the Under Secretary issues the
letter, carries out the project without receiving amounts under
Chapter 471 of title 49.
(b) The airport shall notify the Under Secretary of the
airport's intent to carry out the airport security improvement
project before the project begins.
(c) A letter of intent may be issued under this section
only if--
(1) The airport security improvement project to
which the letter applies involves the replacement of
baggage conveyer systems or the reconfiguration of
terminal baggage areas in order to install explosive
detection systems; and
(2) The Under Secretary determines that the project
will improve security or will improve the efficiency of
the airport without lessening security.
(d) A letter of intent issued under this section is not an
obligation of the Government under section 1501 of title 31,
and the letter is not deemed to be an administrative commitment
for financing. An obligation or administrative commitment may
be made only as amounts are provided in authorization and
appropriations laws.
(e) The Government's share of the project's cost shall be
75 percent for a project at an airport having at least 0.25
percent of the total number of passenger boardings each year at
all airports and 90 percent for a project at any other airport.
(f) Nothing in this section shall be construed to prohibit
the obligation of amounts pursuant to a letter of intent under
this section in the same fiscal year as the letter of intent is
issued.
(g) The Under Secretary shall notify the House and Senate
Committees on Appropriations, the House Transportation and
Infrastructure Committee, and the Senate Commerce, Science, and
Transportation Committee at least 3 days prior to the issuance
of a letter of intent under this section.
(h) There is authorized to be appropriated to carry out
this section $500,000,000 in each of fiscal years 2003, 2004,
2005, 2006, and 2007.
Sec. 368. Section 342 of the Department of Transportation
and Related Agencies Appropriations Act, 2002, is amended by
striking ``Passenger only ferry to serve Kitsap and King
Counties to Seattle'' and inserting ``Ferry/tunnel project in
Bremerton, Washington''.
Sec. 369. Section 343 of the Department of Transportation
and Related Agencies Appropriations Act, 2002, is amended by
striking ``Passenger only ferry to serve Kitsap and King
Counties to Seattle'' and inserting ``Ferry/tunnel project in
Bremerton, Washington''.
Sec. 370. (a) Inclusion of Towers in Airport Development.--
Section 47102(3) of title 49, United States Code, is amended by
adding at the end the following:
``(M) constructing an air traffic control
tower or acquiring and installing air traffic
control, communications, and related equipment
at an air traffic control tower under the terms
specified in section 47124(b)(4).''.
(b) Construction of Air Traffic Control Towers.--
(1) In general.--Section 47124(b)(4) of title 49,
United States Code, is amended to read as follows:
``(4) Construction of air traffic control towers.--
``(A) Grants.--The Secretary may provide
grants to a sponsor of--
``(i) a primary airport--
``(I) from amounts made
available under sections
47114(c)(1) and 47114(c)(2) for
the construction or improvement
of a nonapproach control tower,
as defined by the Secretary,
and for the acquisition and
installation of air traffic
control, communications, and
related equipment to be used in
that tower;
``(II) from amounts made
available under sections
47114(c)(1) and 47114(c)(2) for
reimbursement for the cost of
construction or improvement of
a nonapproach control tower, as
defined by the Secretary,
incurred after October 1, 1996,
if the sponsor complied with
the requirements of sections
47107(e), 47112(b), and
47112(c) in constructing or
improving that tower; and
``(III) from amounts made
available under sections
47114(c)(1) and 47114(c)(2) for
reimbursement for the cost of
acquiring and installing in
that tower air traffic control,
communications, and related
equipment that was acquired or
installed after October 1,
1996; and
``(ii) a public-use airport that is
not a primary airport--
``(I) from amounts made
available under sections
47114(c)(2) and 47114(d) for
the construction or improvement
of a nonapproach control tower,
as defined by the Secretary,
and for the acquisition and
installation of air traffic
control, communications, and
related equipment to be used in
that tower;
``(II) from amounts made
available under sections
47114(c)(2) and 47114(d)(3)(A)
for reimbursement for the cost
of construction or improvement
of a nonapproach control tower,
as defined by the Secretary,
incurred after October 1, 1996,
if the sponsor complied with
the requirements of sections
47107(e), 47112(b), and
47112(c) in constructing or
improving that tower; and
``(III) from amounts made
available under sections
47114(c)(2) and 47114(d)(3)(A)
for reimbursement for the cost
of acquiring and installing in
that tower air traffic control,
communications, and related
equipment that was acquired or
installed after October 1,
1996.
``(B) Eligibility.--An airport sponsor
shall be eligible for a grant under this
paragraph only if--
``(i)(I) the sponsor is a
participant in the Federal Aviation
Administration contract tower program
established under subsection (a) and
continued under paragraph (1) or the
pilot program established under
paragraph (3); or
``(II) construction of a
nonapproach control tower would qualify
the sponsor to be eligible to
participate in such program;
``(ii) the sponsor certifies that
it will pay not less than 10 percent of
the cost of the activities for which
the sponsor is receiving assistance
under this paragraph;
``(iii) the Secretary affirmatively
accepts the proposed contract tower
into a contract tower program under
this section and certifies that the
Secretary will seek future
appropriations to pay the Federal
Aviation Administration's cost of the
contract to operate the tower to be
constructed under this paragraph;
``(iv) the sponsor certifies that
it will pay its share of the cost of
the contract to operate the tower to be
constructed under this paragraph; and
``(v) in the case of a tower to be
constructed under this paragraph from
amounts made available under section
47114(d)(2) or 47114(d)(3)(B), the
Secretary certifies that--
``(I) the Federal Aviation
Administration has consulted
the State within the borders of
which the tower is to be
constructed and the State
supports the construction of
the tower as part of its State
airport capital plan; and
``(II) the selection of the
tower for funding is based on
objective criteria.
``(C) Limitation on federal share.--The
Federal share of the cost of construction of a
nonapproach control tower under this paragraph
may not exceed $1,100,000.''.
(2) Conforming amendments.--Section 47124(b) of
such title is amended--
(A) in paragraph (3)(A) by striking ``Level
I air traffic control towers, as defined by the
Secretary,'' and inserting ``nonapproach
control towers, as defined by the Secretary,'';
and
(B) in paragraph (3)(E) by striking
``Subject to paragraph (4)(D), of'' and
inserting ``Of''.
(3) Savings clause.--Notwithstanding the amendments
made by this section, the towers for which assistance
is being provided on the day before the date of
enactment of this Act under section 47124(b)(4) of
title 49, United States Code, as in effect on such day,
may continue to be provided such assistance under the
terms of such section.
(c) Nonapproach Control Towers.--
(1) In general.--The Administrator of the Federal
Aviation Administration may enter into a lease
agreement or contract agreement with a private entity
to provide for construction and operation of a
nonapproach control tower as defined by the Secretary
of Transportation.
(2) Terms and conditions.--An agreement entered
into under this section--
(A) shall be negotiated under such
procedures as the Administrator considers
necessary to ensure the integrity of the
selection process, the safety of air travel,
and to protect the interests of the United
States;
(B) may provide a lease option to the
United States, to be exercised at the
discretion of the Administrator, to occupy any
general-purpose space in a facility covered by
the agreement;
(C) shall not require, unless specifically
determined otherwise by the Administrator,
Federal ownership of a facility covered under
the agreement after the expiration of the
agreement;
(D) shall describe the consideration,
duties, and responsibilities for which the
United States and the private entity are
responsible;
(E) shall provide that the United States
will not be liable for any action, debt, or
liability of any entity created by the
agreement;
(F) shall provide that the private entity
may not execute any instrument or document
creating or evidencing any indebtedness with
respect to a facility covered by the agreement
unless such instrument or document specifically
disclaims any liability of the United States
under the instrument or document; and
(G) shall include such other terms and
conditions as the Administrator considers
appropriate.
(d) Use of Apportionments to Pay Non-Federal Share of
Operation Costs.--
(1) Study.--The Secretary of Transportation shall
conduct a study of the feasibility, costs, and benefits
of allowing the sponsor of an airport to use not to
exceed 10 percent of amounts apportioned to the sponsor
under section 47114 to pay the non-Federal share of the
cost of operation of an air traffic control tower under
section 47124(b) of title 49, United States Code.
(2) Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study.
Sec. 371. In addition to amounts otherwise made available
by this Act, there is hereby appropriated $3,500,000, to remain
available until expended, to enable the Secretary to maintain
operations of the Midway Island airfield.
Sec. 372. Section 145(c) of Public Law 107-71 is amended by
striking the number (18) and inserting the number (27).
Sec. 373. Susquehanna Greenway, Maryland. The table
contained in section 1602 of the Transportation Equity Act for
the 21st Century is amended in item 1603 (112 Stat. 316) by
striking ``Construct pedestrian bicycle bridge across
Susquehanna River between Havre de Grace and Perryville'' and
inserting ``Develop Lower Susquehanna Heritage Greenway,
including acquisition of property, construction of hiker-biker
trails, and construction or use of docks, ferry boats, bridges,
or vans to convey bikers and pedestrians across the Susquehanna
River between Cecil County and Harford County''.
Sec. 374. Item number 1320 in the table contained in
section 1602 of the Transportation Equity Act for the 21st
Century (112 Stat. 305) is amended by striking ``Reconstruct
79th Street Traffic Circle, New York City'' and inserting
``Cross Harbor Freight Movement Project EIS, New York City''.
Sec. 375. Of the $3,400,000 appropriated under the heading
``Highway Demonstration Projects'' in Public Law 101-516 for
Pennsylvania State Route 711 Bypass (Ligonier), the unobligated
share shall be available for transportation projects in the
counties of Allegheny, Armstrong, Cambria, Fayette, Greene,
Indiana, Somerset, Washington and Westmoreland, Pennsylvania.
Sec. 376. Of the $900,000 appropriated under the heading
``Federal Highway Demonstration Projects'' in Public Law 102-
143 for Pennsylvania State Route 711 Bypass (Ligonier), the
unobligated share shall be available for transportation
projects in the counties of Allegheny, Armstrong, Cambria,
Fayette, Greene, Indiana, Somerset, Washington and
Westmoreland, Pennsylvania.
Sec. 377. Of the funds made available in Public Law 107-87
under the Federal-aid Highways account to carry out 23 U.S.C.
129(c) and section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991, as amended, $2,000,000
shall be transferred to the Federal Transit Administration's
Formula Grant account and made available to the Jersey City
Pier redevelopment and terminal construction project: Provided,
That, notwithstanding any other provision of law, including 23
U.S.C. 104(k), such funds shall be administered under terms and
conditions deemed appropriate by the Secretary.
This division may be cited as the ``Department of
Transportation and Related Agencies Appropriations Act, 2003''.
DIVISION J--TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS, 2003
Making appropriations for the Treasury Department, the United States
Postal Service, the Executive Office of the President, and certain
Independent Agencies, for the fiscal year ending September 30, 2003,
and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Treasury
Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies, for
the fiscal year ending September 30, 2003, and for other
purposes, namely:
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business; not to exceed $3,500,000 for official travel
expenses; not to exceed $3,813,000, to remain available until
expended for information technology modernization requirements;
not to exceed $150,000 for official reception and
representation expenses; not to exceed $258,000 for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury
and to be accounted for solely on his certificate,
$189,201,000: Provided, That the Office of Foreign Assets
Control shall be funded at no less than $21,206,000 and 120
full time equivalent positions: Provided further, That of these
amounts $2,900,000 is available for grants to State and local
law enforcement groups to help fight money laundering: Provided
further, That of these amounts, $5,893,000 shall be for the
Treasury-wide Financial Statement Audit Program, of which such
amounts as may be necessary may be transferred to accounts of
the Department's offices and bureaus to conduct audits:
Provided further, That this transfer authority shall be in
addition to any other provided in this Act.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For development and acquisition of automatic data
processing equipment, software, and services for the Department
of the Treasury, $65,628,000, to remain available until
expended: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority
shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds
appropriated shall be used to support or supplement the
Internal Revenue Service appropriations for Information Systems
or Business Systems Modernization.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, not to exceed $2,000,000 for official travel
expenses, including hire of passenger motor vehicles; and not
to exceed $100,000 for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the
Inspector General of the Treasury, $35,736,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase (not to exceed 150
for replacement only for police-type use) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); services authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; not to exceed
$6,000,000 for official travel expenses; and not to exceed
$500,000 for unforeseen emergencies of a confidential nature,
to be allocated and expended under the direction of the
Inspector General for Tax Administration, $125,011,000.
AIR TRANSPORTATION STABILIZATION PROGRAM
For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air
Transportation Safety and System Stabilization Act (Public Law
107-42), $6,041,000, to remain available until expended.
TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION
For the repair, alteration, and improvement of the Treasury
Building and Annex, $28,932,000, to remain available until
expended.
EXPANDED ACCESS TO FINANCIAL SERVICES
(INCLUDING TRANSFER OF FUNDS)
To develop and implement programs to expand access to
financial services for low- and moderate-income individuals,
$2,000,000, such funds to become available upon authorization
of this program as provided by law and to remain available
until expended: Provided, That of these funds, such sums as may
be necessary may be transferred to accounts of the Department's
offices, bureaus, and other organizations: Provided further,
That this transfer authority shall be in addition to any other
transfer authority provided in this Act.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Secretary,
$10,000,000, to remain available until expended, to reimburse
any Department of the Treasury organization for the costs of
providing support to counter, investigate, or prosecute
unexpected threats or acts of terrorism, including payment of
rewards in connection with these activities: Provided, That the
entire dollar amount shall be available only to the extent that
an official request for a specific dollar amount is transmitted
by the President to the Congress.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
expenses of non-Federal law enforcement personnel to attend
meetings concerned with financial intelligence activities, law
enforcement, and financial regulation; not to exceed $14,000
for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement,$51,752,000, of which not to exceed $3,400,000
shall remain available until September 30, 2005; and of which
$8,338,000 shall remain available until September 30, 2004: Provided,
That funds appropriated in this account may be used to procure personal
services contracts.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforcement
Training Center, as a bureau of the Department of the Treasury,
including materials and support costs of Federal law
enforcement basic training; purchase (not to exceed 52 for
police-type use, without regard to the general purchase price
limitation) and hire of passenger motor vehicles; for expenses
for student athletic and related activities; uniforms without
regard to the general purchase price limitation for the current
fiscal year; the conducting of and participating in firearms
matches and presentation of awards; for public awareness and
enhancing community support of law enforcement training; not to
exceed $11,500 for official reception and representation
expenses; room and board for student interns; and services as
authorized by 5 U.S.C. 3109, $134,986,000, of which $650,000
shall be available for an interagency effort to establish
written standards on accreditation of Federal law enforcement
training; and of which up to $24,266,000 for materials and
support costs of Federal law enforcement basic training shall
remain available until September 30, 2005, and of which up to
20 percent of the $24,266,000 also shall be available for
travel, room and board costs for participating agency basic
training during the first quarter of a fiscal year, subject to
full reimbursement by the benefitting agency: Provided, That
the Center is authorized to accept and use gifts of property,
both real and personal, and to accept services, for authorized
purposes, including funding of a gift of intrinsic value which
shall be awarded annually by the Director of the Center to the
outstanding student who graduated from a basic training program
at the Center during the previous fiscal year, which shall be
funded only by gifts received through the Center's gift
authority: Provided further, That the Center is authorized to
accept detailees from other Federal agencies, on a non-
reimbursable basis, to staff the accreditation function:
Provided further, That notwithstanding any other provision of
law, students attending training at any Center site shall
reside in on-Center or Center-provided housing, insofar as
available and in accordance with Center policy: Provided
further, That funds appropriated in this account shall be
available, at the discretion of the Director, for the
following: training United States Postal Service law
enforcement personnel and Postal police officers; State and
local government law enforcement training on a space-available
basis; training of foreign law enforcement officials on a
space-available basis with reimbursement of actual costs to
this appropriation, except that reimbursement may be waived by
the Secretary for law enforcement training activities in
foreign countries undertaken pursuant to section 801 of the
Antiterrorism and Effective Death Penalty Act of 1996, (Public
Law 104-32); training of private sector security officials on a
space-available basis with reimbursement of actual costs to
this appropriation; and travel expenses of non-Federal
personnel to attend course development meetings and training
sponsored by the Center: Provided further, That the Center is
authorized to obligate funds in anticipation of reimbursements
from agencies receiving training sponsored by the Center,
except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the end
of the fiscal year: Provided further, That the Center is
authorized to provide training for the Gang Resistance
Education and Training program to Federal and non-Federal
personnel at any facility in partnership with the Bureau of
Alcohol, Tobacco and Firearms: Provided further, That the
Center is authorized to provide short-term medical services for
students undergoing training at the Center.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For expansion of the Federal Law Enforcement Training
Center, for acquisition of necessary additional real property
and facilities, and for ongoing maintenance, facility
improvements, and related expenses, $36,000,000, to remain
available until expended.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For expenses necessary to conduct investigations and
convict offenders involved in organized crime drug trafficking,
including cooperative efforts with State and local law
enforcement, as it relates to the Treasury Department law
enforcement violations such as money laundering, violent crime,
and smuggling, $107,576,000.
Financial Management Service
SALARIES AND EXPENSES
For necessary expenses of the Financial Management Service,
$222,078,000, of which not to exceed $9,220,000 shall remain
available until September 30, 2005, for information systems
modernization initiatives; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.
Bureau of Alcohol, Tobacco and Firearms
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco
and Firearms, including purchase of not to exceed 822 vehicles
for police-type use, of which 650 shall be for replacement
only, and hire of passenger motor vehicles; hire of aircraft;
services of expert witnesses at such rates as may be determined
by the Director; for payment of per diem and/or subsistence
allowances to employees where a major investigative assignment
requires an employee to work 16 hours or more per day or to
remain overnight at his or her post of duty; not to exceed
$20,000 for official reception and representation expenses; for
training of State and local law enforcement agencies with or
without reimbursement, including training in connection with
the training and acquisition of canines for explosives and fire
accelerants detection; not to exceed $50,000 for cooperative
research and development programs for Laboratory Services and
Fire Research Center activities; and provision of laboratory
assistance to State and local agencies, with or without
reimbursement, $886,430,000, of which not to exceed $1,000,000
shall be available for the payment of attorneys' fees as
provided by 18 U.S.C. 924(d)(2); of which up to $2,000,000
shall be available for the equipping of any vessel, vehicle,
equipment, or aircraft available for official use by a State or
local law enforcement agency if the conveyance will be used in
joint law enforcement operations with the Bureau of Alcohol,
Tobacco and Firearms and for the payment of overtime salaries
including Social Security and Medicare, travel, fuel, training,
equipment, supplies, and other similar costs of State and local
law enforcement personnel, including sworn officers and support
personnel, that are incurred in joint operations with the
Bureau of Alcohol, Tobacco and Firearms; of which $13,000,000,
to remain available until expended, shall be available for
disbursements through grants, cooperative agreements or
contracts to local governments for Gang Resistance Education
and Training; and of which $3,200,000 for a new headquarters
shall remain available until September 30, 2004: Provided, That
no funds appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of the Treasury, the
records, or any portion thereof, of acquisition and disposition
of firearms maintained by Federal firearms licensees: Provided
further, That no funds appropriated herein shall be used to pay
administrative expenses or the compensation of any officer or
employee of the United States to implement an amendment or
amendments to 27 CFR 178.118 or to change the definition of
``Curios or relics'' in 27 CFR 178.11 or remove any item from
ATF Publication 5300.11 as it existed on January 1, 1994:
Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications for
relief from Federal firearms disabilities under 18 U.S.C.
925(c): Provided further, That such funds shall be available to
investigate and act upon applications filed by corporations for
relief from Federal firearms disabilities under 18 U.S.C.
925(c): Provided further, That no funds under this Act may be
used to electronically retrieve information gathered pursuant
to 18 U.S.C. 923(g)(4) by name or any personal identification
code.
United States Customs Service
SALARIES AND EXPENSES
For necessary expenses of the United States Customs
Service, including purchase and lease of up to 1,535 motor
vehicles of which 550 are for replacement only and of which
1,500 are for police-type use and commercial operations; hire
of motor vehicles; contracting with individuals for personal
services abroad; not to exceed $40,000 for official reception
and representation expenses; and awards of compensation to
informers, as authorized by any Act enforced by the United
States Customs Service, $2,527,155,000, of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985, as amended (19 U.S.C.
58c(f)(3)), shall be derived from that Account; of the total,
not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations; not to
exceed $4,000,000 shall be available until expended for
research; not less than $100,000 shall be available to promote
public awareness of the child pornography tipline; not less
than $200,000 shall be available for Project Alert; not to
exceed $5,000,000 shall be available until expended for
conducting special operations pursuant to 19 U.S.C. 2081; not
to exceed $8,000,000 shall be available until expended for the
procurement of automation infrastructure items, including
hardware, software, and installation; not to exceed $1,250,000
shall remain available until September 30, 2004 for
strengthened enforcement of U.S. trade laws pertaining to
steel; and not to exceed $5,000,000 shall be available until
expended for repairs to Customs facilities: Provided, That of
the total amount of funds made available for forced child labor
activities in fiscal year 2003, not to exceed $5,000,000 shall
remain available until expended for operations and support of
such activities: Provided further, That uniforms may be
purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further, That
notwithstanding any other provision of law, the fiscal year
aggregate overtime limitation prescribed in subsection 5(c)(1)
of the Act of February 13, 1911 (19 U.S.C. 261 and 267) shall
be $30,000.
HARBOR MAINTENANCE FEE COLLECTION
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses related to the collection of
the Harbor Maintenance Fee, pursuant to Public Law 103-182,
$3,000,000, to be derived from the Harbor Maintenance Trust
Fund and to be transferred to and merged with the Customs
``Salaries and Expenses'' account for such purposes.
OPERATION, MAINTENANCE AND PROCUREMENT, AIR AND MARINE INTERDICTION
PROGRAMS
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and
other related equipment of the Air and Marine Programs,
including operational training and mission-related travel, and
rental payments for facilities occupied by the air or marine
interdiction and demand reduction programs, the operations of
which include the following: the interdiction of narcotics and
other goods; the provision of support to Customs and other
Federal, State, and local agencies in the enforcement or
administration of laws enforced by the Customs Service; and, at
the discretion of the Commissioner of Customs, the provision of
assistanceto Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts, $181,829,000, which
shall remain available until expended: Provided, That no aircraft or
other related equipment, with the exception of aircraft which is one of
a kind and has been identified as excess to Customs requirements and
aircraft which has been damaged beyond repair, shall be transferred to
any other Federal agency, department, or office outside of the
Department of Homeland Security, during fiscal year 2003 without the
prior approval of the Committees on Appropriations.
AUTOMATION MODERNIZATION
For expenses not otherwise provided for Customs automated
systems, $435,332,000, to remain available until expended, of
which not less than $312,900,000 shall be for the development
of the Automated Commercial Environment: Provided, That none of
the funds appropriated under this heading may be obligated for
the Automated Commercial Environment until the United States
Customs Service prepares and submits to the Committees on
Appropriations a plan for expenditure that: (1) meets the
capital planning and investment control review requirements
established by the Office of Management and Budget, including
OMB Circular A-11, part 3; (2) complies with the United States
Customs Service's Enterprise Information Systems Architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government; (4) is reviewed and approved by the Customs
Investment Review Board, the Department of the Treasury, and
the Office of Management and Budget; and (5) is reviewed by the
General Accounting Office: Provided further, That none of the
funds appropriated under this heading may be obligated for the
Automated Commercial Environment until such expenditure plan
has been approved by the Committees on Appropriations.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments. The aggregate amount of new liabilities
and obligations incurred during fiscal year 2003 under such
section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$34,900,000.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
For necessary expenses connected with any public-debt
issues of the United States, $194,468,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses, and of which not to exceed $2,000,000
shall remain available until expended for systems
modernization; and of which not to exceed $4,000,000 shall
remain available until September 30, 2004 for the purpose of
completing the shut-down of the savings bond marketing
activity: Provided, That the sum appropriated herein from the
General Fund for fiscal year 2003 shall be reduced by not more
than $4,400,000 as definitive security issue fees and Treasury
Direct Investor Account Maintenance fees are collected, so as
to result in a final fiscal year 2003 appropriation from the
General Fund estimated at $190,068,000. In addition, $40,000 to
be derived from the Oil Spill Liability Trust Fund to reimburse
the Bureau for administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012
of Public Law 101-380.
Internal Revenue Service
PROCESSING, ASSISTANCE, AND MANAGEMENT
For necessary expenses of the Internal Revenue Service for
pre-filing taxpayer assistance and education, filing and
account services, shared services support, general management
and administration; and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner,
$3,955,777,000, of which up to $3,950,000 shall be for the Tax
Counseling for the Elderly Program, of which $7,000,000 shall
be available for low-income taxpayer clinic grants, and of
which not to exceed $25,000 shall be for official reception and
representation expenses.
TAX LAW ENFORCEMENT
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing
litigation support; conducting criminal investigation and
enforcement activities; securing unfiled tax returns;
collecting unpaid accounts; conducting a document matching
program; resolving taxpayer problems through prompt
identification, referral and settlement; compiling statistics
of income and conducting compliance research; purchase (for
police-type use, not to exceed 850) and hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services as authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Commissioner, $3,729,072,000, of which not to exceed $1,000,000
shall remain available until September 30, 2005, for research,
and of which not less than $60,000,000 shall be used to combat
abusive tax shelters.
EARNED INCOME TAX CREDIT COMPLIANCE INITIATIVE
For funding essential earned income tax credit compliance
and error reduction initiatives, $146,000,000, of which not to
exceed $10,000,000 may be used to reimburse the Social Security
Administration for the costs of implementing section 1090 of
the Taxpayer Relief Act of 1997.
INFORMATION SYSTEMS
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information
systems; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner, $1,632,444,000,
which shall remain available until September 30, 2004.
BUSINESS SYSTEMS MODERNIZATION
For necessary expenses of the Internal Revenue Service,
$366,000,000, to remain available until September 30, 2005, for
the capital asset acquisition of information technology
systems, including management and related contractual costs of
said acquisitions, including contractual costs associated with
operations authorized by 5 U.S.C. 3109: Provided, That none of
these funds may be obligated until the Internal Revenue Service
submits to the Committees on Appropriations, and such
Committees approve, a plan for expenditure that: (1) meets the
capital planning and investment control review requirements
established by the Office of Management and Budget, including
Circular A-11 part 3; (2) complies with the Internal Revenue
Service's enterprise architecture, including the modernization
blueprint; (3) conforms with the Internal Revenue Service's
enterprise life cycle methodology; (4) is approved by the
Internal Revenue Service, the Department of the Treasury, and
the Office of Management and Budget; (5) has been reviewed by
the General Accounting Office; and (6) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government.
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
For necessary expenses to implement the health insurance
tax credit included in the Trade Act of 2002 (Public Law 107-
210), $70,000,000, to remain available until September 30,
2004.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service appropriation
upon the advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural
relations.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased manpower to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make the improvement of the
Internal Revenue Service 1-800 help line service a priority and
allocate resources necessary to increase phone lines and staff
to improve the Internal Revenue Service 1-800 help line
service.
United States Secret Service
SALARIES AND EXPENSES
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 610 vehicles for police-
type use for replacement only, and hire of passenger motor
vehicles; purchase of American-made side-car compatible
motorcycles; hire of aircraft; training and assistance
requested by State and local governments, which may be provided
without reimbursement; services of expert witnesses at such
rates as may be determined by the Director; rental of buildings
in the District of Columbia, and fencing, lighting, guard
booths, and other facilities on private or other property not
in Government ownership or control, as may be necessary to
perform protective functions; for payment of per diem and/or
subsistence allowances to employees where a protective
assignment during the actual day or days of the visit of a
protectee require an employee to work 16 hours per day or to
remain overnight at his or her post of duty; the conducting of
and participating in firearms matches; presentation of awards;
for travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in this
or any other Act if approval is obtained in advance from the
Committees on Appropriations; for research and development; for
making grants to conduct behavioral research in support of
protective research and operations; not to exceed $25,000 for
official reception and representation expenses; not to exceed
$100,000 to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit
investigations; for payment in advance for commercial
accommodations as may be necessary to perform protective
functions; and for uniforms without regard to the
generalpurchase price limitation for the current fiscal year,
$1,029,150,000, of which $1,633,000 shall be available for forensic and
related support of investigations of missing and exploited children,
and of which $4,583,000 shall be available as a grant for activities
related to the investigations of exploited children and shall remain
available until expended: Provided, That up to $18,000,000 provided for
protective travel shall remain available until September 30, 2004.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For necessary expenses of construction, repair, alteration,
and improvement of facilities, $3,519,000, to remain available
until expended.
General Provisions--Department of the Treasury
Sec. 110. Any obligation or expenditure by the Secretary of
the Treasury in connection with law enforcement activities of a
Federal agency or a Department of the Treasury law enforcement
organization in accordance with 31 U.S.C. 9703(g)(4)(B) from
unobligated balances remaining in the Fund on September 30,
2003, shall be made in compliance with reprogramming
guidelines.
Sec. 111. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries; purchase
of motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 112. The funds provided to the Bureau of Alcohol,
Tobacco and Firearms for fiscal year 2003 in this Act for the
enforcement of the Federal Alcohol Administration Act shall be
expended in a manner so as not to diminish enforcement efforts
with respect to section 105 of the Federal Alcohol
Administration Act.
Sec. 113. Not to exceed 2 percent of any appropriations in
this Act made available to the Federal Law Enforcement Training
Center, Financial Crimes Enforcement Network, Bureau of
Alcohol, Tobacco and Firearms, United States Customs Service,
Interagency Crime and Drug Enforcement, and United States
Secret Service may be transferred between such appropriations
upon the advance approval of the Committees on Appropriations.
No transfer may increase or decrease any such appropriation by
more than 2 percent.
Sec. 114. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices--Salaries
and Expenses, Office of Inspector General, Treasury Inspector
General for Tax Administration, Financial Management Service,
and Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations. No transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 115. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations. No transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 116. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with Departmental
vehicle management principles: Provided, That the Secretary may
delegate this authority to the Assistant Secretary for
Management.
Sec. 117. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the $1
Federal Reserve note.
Sec. 118. The Secretary of the Treasury may transfer funds
from ``Salaries and Expenses'', Financial Management Service,
to the Debt Services Account as necessary to cover the costs of
debt collection: Provided, That such amounts shall be
reimbursed to such Salaries and Expenses account from debt
collections received in the Debt Services Account.
Sec. 119. Section 122(g)(1) of Public Law 105-119 (5 U.S.C.
3104 note), is further amended by striking ``4 years'' and
inserting ``5 years''.
Sec. 120. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the House Committee on Financial Services
and the Senate Committee on Banking, Housing, and Urban
Affairs.
Sec. 121. None of the funds appropriated or made available
by this Act may be used for the production of Customs
Declarations that do not inquire whether the passenger had been
in the proximity of livestock.
Sec. 122. The Federal Law Enforcement Training Center is
directed to establish an accrediting body that will include
representatives from the Federal law enforcement community, as
well as non-Federal accreditation experts involved in law
enforcement training. The purpose of this body will be to
establish standards for measuring and assessing the quality and
effectiveness of Federal law enforcement training programs,
facilities, and instructors.
Sec. 123. The Treasury Department Appropriations Act, 1997
(as contained in section 101(f) of Division A of Public Law
104-208), under the heading ``Treasury Franchise Fund'', as
amended by section 120 of the Treasury Department
Appropriations Act, 2001 (enacted pursuant to section 1(a)(3)
of Public Law 106-554), is further amended by striking ``until
October 1, 2002'' and inserting ``until October 1, 2004''.
Sec. 125. Amendment to John C. Stennis Center for Public
Service Training and Development Act.--For fiscal year 2003 and
thereafter, section 116 of the John C. Stennis Center for
Public Service Training and Development Act (2 U.S.C. 1105) is
amended--
(1) by striking subsection (b) and inserting the
following:
``(b) Investment of Fund Assets.--
``(1) At the request of the Center, it shall be the
duty of the Secretary of the Treasury to invest in full
the amounts appropriated to the fund. Such investments
may be made only in interest-bearing obligations of the
United States issued directly to the fund.
``(2) The purposes for which obligations of the
United States may be issued under chapter 31 of Title
31 are hereby extended to authorize the issuance at par
of special obligations directly to the fund. Such
special obligations shall bear interest at a rate equal
to the average rate of interest, computed as to the end
of the calendar month next preceding the date of such
issue, borne by all marketable interest-bearing
obligations of the United States then forming a part of
the public debt; except that where such average rate is
not a multiple of one-eighth of 1 per centum, the rate
of interest of such special obligations shall be the
multiple of one-eighth of 1 per centum next lower than
such average rate. All requests of the Center to the
Secretary of the Treasury provided for in this section
shall be binding upon the Secretary.''; and
(2) by striking subsection (c) and inserting the
following:
``(c) Authority To Sell Obligations.--At the request of the
Center, the Secretary of the Treasury shall redeem any
obligation issued directly to the fund. Obligations issued to
the fund under subsection (b)(2) shall be redeemed at par plus
accrued interest. Any other obligations issued directly to the
fund shall be redeemed at the market price.''.
Sec. 126. Amendment to James Madison Memorial Fellowship
Act.--For fiscal year 2003 and thereafter, section 811 of the
James Madison Memorial Fellowship Act (20 U.S.C. 4510) is
amended--
(1) by striking subsection (b) and inserting the
following:
``(b) Investment of Amounts Appropriated.--
``(1) At the request of the Trust Fund, it shall be
the duty of the Secretary of the Treasury to invest in
full the amounts appropriated and contributed to the
fund. Such investments may be made only in interest-
bearing obligations of the United States issued
directly to the fund.
``(2) The purposes for which obligations of the
United States may be issued under chapter 31 of Title
31 are hereby extended to authorize the issuance at par
of special obligations directly to the fund. Such
special obligations shall bear interest at a rate equal
to the average rate of interest, computed as to the end
of the calendar month next preceding the date of such
issue, borne by all marketable interest-bearing
obligations of the United States then forming a part of
the public debt; except that where such average rate is
not a multiple of one-eighth of 1 per centum, the rate
of interest of such special obligations shall be the
multiple of one-eighth of 1 per centum next lower than
such average rate. All requests of the Trust Fund to
the Secretary of the Treasury provided for in this
section shall be binding upon the Secretary.''; and
(2) by striking subsection (c) and inserting the
following:
``(c) Sale of Obligations Acquired by Fund.--At the request
of the Trust Fund, the Secretary of the Treasury shall redeem
any obligation issued directly to the fund. Obligations issued
to the fund under subsection (b)(2) shall be redeemed at par
plus accrued interest. Any other obligations issued directly to
the fund shall be redeemed at the market price.''.
Sec. 127. Authority for the Creation of Integrated Border
Inspection Areas and Designation of Foreign Law Enforcement
Officers.--(a) Creation of Integrated Border Inspection
Areas.--
(1) The Commissioner of Customs, in consultation
with the Canadian Customs and Revenue Agency (CCRA),
shall seek to establish Integrated Border Inspection
Areas (IBIAs), i.e., areas on either side of the United
States-Canada border in which the United States Customs
officers can inspect vehicles entering the United
States from Canada before they enter the United States,
or Canadian officers can inspect vehicles entering
Canada from the United States before they enter Canada.
This may include, where appropriate, employment of
reverse inspection techniques.
(2) The Commissioner of Customs, in consultation
with the Administrator of the General Services
Administration when appropriate, shall endeavor to
carry out the IBIA program in a manner that minimizes
adverse impacts on the surrounding community.
(b) Section 1401(i) of title 19, United States Code, is
amended by inserting ``, including foreign law enforcement
officers,'' after ``or other person''.
(c) Section 1629 of title 19, United States Code, is
amended--
(1) in paragraph (a) by inserting ``, or subsequent
to their exit from,'' after ``prior to their arrival
in'';
(2) in paragraph (c) by inserting ``or
exportation'' after ``relating to the importation'' and
by inserting ``or exit'' after ``port of entry'';
(3) in paragraph (e), by--
(A) inserting ``and agriculture
inspection'' after ``customs'' in each instance
where reference is currently made to ``customs
officers'' or ``customs officials'' in this
subsection;
(B) inserting ``and the Secretary of
Agriculture'' after ``in coordination with the
Secretary'';
(C) inserting ``or that have gone directly
from that country to the United States'' after
``to that country from the United States'';
(D) inserting ``or exportation'' after
``governing the importation'';
(E) deleting ``and'' and inserting a comma
(``,'') after ``such functions'';
(F) inserting ``, and enjoy such privileges
and immunities'' after ``such duties'';
(G) inserting ``or are afforded'' after
``authorized to perform''; and
(H) deleting ``under reciprocal agreement''
and inserting ``by treaty, agreement or law''.
(4) by adding at the end the following:
``(g) Persons designated to perform the duties of an
officer of the Customs Service pursuant to section 1401 (i) of
this title shall be entitled to the same privileges and
immunities as an officer of the Customs Service with respect to
any actions taken by the designated person in the performance
of such duties.''.
This title may be cited as the ``Treasury Department
Appropriations Act, 2003''.
TITLE II--POSTAL SERVICE
Payment to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code,
$60,014,000, of which $31,014,000 shall not be available for
obligation until October 1, 2003: Provided, That mail for
overseas voting and mail for the blind shall continue to be
free: Provided further, That 6-day delivery and rural delivery
of mail shall continue at not less than the 1983 level:
Provided further, That none of the funds made available to the
Postal Service by this Act shall be used to implement any rule,
regulation, or policy of charging any officer or employee of
any State or local child support enforcement agency, or any
individual participating in a State or local program of child
support enforcement, a fee for information requested or
provided concerning an address of a postal customer: Provided
further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post
offices in fiscal year 2003.
This title may be cited as the ``Postal Service
Appropriations Act, 2003''.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President and the White House Office
COMPENSATION OF THE PRESIDENT
For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any other
purpose and any unused amount shall revert to the Treasury
pursuant to section 1552 of title 31, United States Code:
Provided further, That none of the funds made available for
official expenses shall be considered as taxable to the
President.
SALARIES AND EXPENSES
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be expended
and accounted for as provided in that section; hire of
passenger motor vehicles, newspapers, periodicals, teletype
news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to
exceed $19,000 for official entertainment expenses, to be
available for allocation within the Executive Office of the
President, $50,715,000: Provided, That $8,650,000 of the funds
appropriated shall be available for reimbursements to the White
House Communications Agency.
Office of Homeland Security
SALARIES AND EXPENSES
For necessary expenses of the Office of Homeland Security,
pursuant to Executive Order No. 13288, $19,398,000: Provided,
That the Office of Homeland Security shall submit a report
identifying estimated obligations for each function assigned to
this Office pursuant to Executive Order No. 13288 to the
Committees on Appropriations no later than November 1, 2002.
Executive Residence at the White House
OPERATING EXPENSES
For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at the
White House and official entertainment expenses of the
President, $12,228,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
REIMBURSABLE EXPENSES
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this
paragraph: Provided further, That, notwithstanding any other
provision of law, such amount for reimbursable operating
expenses shall be the exclusive authority of the Executive
Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a
reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance
payments shall be credited to this account and remain available
until expended: Provided further, That the Executive Residence
shall require the national committee of the political party of
the President to maintain on deposit $25,000, to be separately
accounted for and available for expenses relating to
reimbursable political events sponsored by such committee
during such fiscal year: Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed
for a reimbursable operating expense under this paragraph is
submitted to the person owingsuch amount within 60 days after
such expense is incurred, and that such amount is collected within 30
days after the submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess penalties and
other charges on any such amount that is not reimbursed within such 30
days, in accordance with the interest and penalty provisions applicable
to an outstanding debt on a United States Government claim under
section 3717 of title 31, United States Code: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such expenses,
the amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
WHITE HOUSE REPAIR AND RESTORATION
For the repair, alteration, and improvement of the
Executive Residence at the White House, $1,200,000, to remain
available until expended, for required maintenance, safety and
health issues, and continued preventative maintenance.
Special Assistance to the President and the Official Residence of the
Vice President
SALARIES AND EXPENSES
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as
authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,066,000.
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For the care, operation, refurnishing, improvement, heating
and lighting, including electric power and fixtures, of the
official residence of the Vice President; the hire of passenger
motor vehicles; and not to exceed $90,000 for official
entertainment expenses of the Vice President, to be accounted
for solely on his certificate, $324,000: Provided, That
advances or repayments or transfers from this appropriation may
be made to any department or agency for expenses of carrying
out such activities.
Council of Economic Advisers
SALARIES AND EXPENSES
For necessary expenses of the Council of Economic Advisors
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021), $3,763,000.
Office of Policy Development
SALARIES AND EXPENSES
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, $3,251,000.
National Security Council
SALARIES AND EXPENSES
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109, $7,821,000.
Office of Administration
SALARIES AND EXPENSES
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $91,505,000, of
which $[17,470,000] shall remain available until expended for
the Capital Investment Plan for continued modernization of the
information technology infrastructure within the Executive
Office of the President: Provided, That the Executive Office of
the President shall submit a report to the Committees on
Appropriations that includes a current description of: (1) the
Enterprise Architecture, as defined in OMB Circular A-130 and
the Federal Chief Information Officers Council guidance; (2)
the Information Technology (IT) Human Capital Plan; (3) the
capital investment plan for implementing the Enterprise
Architecture; and (4) the IT capital planning and investment
control process: Provided further, That this report shall be
reviewed and approved by the Office of Management and Budget,
and reviewed by the General Accounting Office.
Office of Management and Budget
SALARIES AND EXPENSES
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, $62,394,000, of which not to
exceed $5,000,000 shall be available to carry out the
provisions of chapter 35 of title 44, United States Code, and
of which not to exceed $3,000 shall be available for official
representation expenses: Provided, That, as provided in 31
U.S.C. 1301(a), appropriations shall be applied only to the
objects for which appropriations were made except as otherwise
provided by law: Provided further, That none of the funds
appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations
under the provisions of the Agricultural Marketing Agreement
Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That none
of the funds made available for the Office of Management and
Budget by this Act may be expended for the altering of the
transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget,
before the Committees on Appropriations or the Committees on
Veterans' Affairs or their subcommittees: Provided further,
That the preceding shall not apply to printed hearings released
by the Committees on Appropriations or the Committees on
Veterans' Affairs: Provided further, That none of the funds
appropriated in this Act may be available to pay the salary or
expensesof any employee of the Office of Management and Budget
who, after February 15, 2003, calculates, prepares, or approves any
tabular or other material that proposes the sub-allocation of budget
authority or outlays by the Committees on Appropriations among their
subcommittees.
Office of National Drug Control Policy
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the Office
of National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1701 et seq.); not to exceed $10,000 for official
reception and representation expenses; and for participation in
joint projects or in the provision of services on matters of
mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$26,456,000; of which $2,350,000 shall remain available until
expended, consisting of $1,350,000 for policy research and
evaluation, and $1,000,000 for the National Alliance for Model
State Drug Laws: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office: Provided further, That $5,000,000 of these funds shall
not be obligated until the Director submits performance
measures of effectiveness for the High Intensity Drug
Trafficking Areas program to the House Committee on
Appropriations: Provided further, That $2,000,000 of these
funds shall not be obligated until the Director submits, and
the Committees on Appropriations approve, a human capital
strategy for the Office.
COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Counterdrug Technology
Assessment Center for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.), $48,000,000, which shall remain
available until expended, consisting of $22,000,000 for
counternarcotics research and development projects, and
$26,000,000 for the continued operation of the technology
transfer program: Provided, That the $22,000,000 for
counternarcotics research and development projects shall be
available for transfer to other Federal departments or
agencies.
Federal Drug Control Programs
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas Program,
$226,350,000, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas, of which no less than 51 percent shall
be transferred to State and local entities for drug control
activities, which shall be obligated within 120 days of the
date of the enactment of this Act: Provided, That up to 49
percent, to remain available until September 30, 2004, may be
transferred to Federal agencies and departments at a rate to be
determined by the Director, of which not less than $2,100,000
shall be used for auditing services and associated activities,
and at least $500,000 of the $2,100,000 shall be used to
develop and implement a data collection system to measure the
performance of the High Intensity Drug Trafficking Areas
Program: Provided further, That High Intensity Drug Trafficking
Areas Programs designated as of September 30, 2002, shall be
funded at no less than the fiscal year 2002 initial allocation
levels unless the Director submits to the Committees on
Appropriations, and the Committees approve, justification for
changes in those levels based on clearly articulated priorities
for the High Intensity Drug Trafficking Areas Programs, as well
as published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That no funds of
an amount in excess of the fiscal year 2003 budget request
shall be obligated prior to the approval of the Committee on
Appropriations: Provided further, That no funds shall be used
for any further or additional consolidation of the Southwest
Border High Intensity Drug Trafficking Area, except for the
operation of an office with a coordinating role, until the
Office submits a report on the structure of the Southwest
Border High Intensity Drug Trafficking Area.
SPECIAL FORFEITURE FUND
(INCLUDING TRANSFER OF FUNDS)
For activities to support a national anti-drug campaign for
youth, and for other purposes, authorized by the Office of
National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1701 et seq.), $223,200,000, to remain available until
expended, of which the following amounts are available as
follows: $150,000,000 to support a national media campaign, as
authorized by the Drug-Free Media Campaign Act of 1998;
$60,000,000 to continue a program of matching grants to drug-
free communities, of which $2,000,000 shall be a directed grant
to the Community Anti-Drug Coalitions of America for the
National Community Anti-Drug Coalition Institute, as authorized
in chapter 2 of the National Narcotics Leadership Act of 1988,
as amended; $3,000,000 for the Counterdrug Intelligence
Executive Secretariat; $2,000,000 for evaluations and research
related to National Drug Control Program performance measures;
$1,000,000 for the National Drug Court Institute; $6,400,000
for the United States Anti-Doping Agency for anti-doping
activities; and $800,000 for the United States membership dues
to the World Anti-Doping Agency: Provided, That such funds may
be transferred to other Federal departments and agencies to
carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000.
This title may be cited as the ``Executive Office
Appropriations Act, 2003''.
TITLE IV--INDEPENDENT AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
SALARIES AND EXPENSES
For necessary expenses of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by Public
Law 92-28, $4,658,000.
Federal Election Commission
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, as amended, $49,866,000,
of which no less than $5,866,700 shall be available for
internal automated data processing systems, and of which not to
exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere, $28,950,000: Provided, That public
members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as
authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the
costs of carrying out these conferences.
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount to be deposited in, and to be used
for the purposes of, the Fund established pursuant to section
210(f) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 490(f)), $375,711,000. The
revenues and collections deposited into the Fund shall be
available for necessary expenses of real property management
and related activities not otherwise provided for, including
operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of
Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications
relocation expenses) in connection with the assignment,
allocation and transfer of space; contractual services incident
to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings including grounds,
approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment;
acquisition of buildings and sites by purchase, condemnation,
or as otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and payment
of principal, interest, and any other obligations for public
buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $7,006,033,000, of which:
(1) $717,488,000 shall remain available until expended for
construction (including funds for sites and expenses and
associated design and construction services) of additional
projects at the following locations:
New Construction:
Arkansas:
Little Rock, United States Courthouse
Annex, $77,154,000
California:
San Diego, United States Courthouse Annex,
$23,901,000
District of Columbia:
Washington, Southeast Federal Center Site
Remediation, $6,472,000
Florida:
Fort Pierce, United States Courthouse,
$2,744,000
Orlando, United States Courthouse,
$79,261,000
Iowa:
Cedar Rapids, United States Courthouse,
$5,167,000
Maine:
Jackman, Border Station, $9,194,000
Maryland:
Montgomery County, FDA consolidation,
$37,600,000
Suitland, National Oceanic and Atmospheric
Administration II, $9,461,000
Suitland, United States Census Bureau,
$176,919,000
Mississippi:
Jackson, United States Courthouse,
$7,276,000
Missouri:
Cape Girardeau, United States Courthouse,
$49,300,000
Montana:
Raymond, Border Station, $7,753,000
New York:
Brooklyn, United States Courthouse Annex--
GPO, $39,500,000
Champlain, Border Station, $4,000,000.
Massena, Border Station, $1,646,000
New York, United States Mission to the
United Nations, $57,053,000
North Dakota:
Portal, Border Station, $2,201,000
Oregon:
Eugene, United States Courthouse,
$77,374,000
Tennessee:
Nashville, United States Courthouse,
$7,095,000
Texas:
Austin, United States Courthouse,
$13,809,000
Utah:
Salt Lake City, United States Courthouse,
$9,783,000
Washington:
Oroville, Border Station, $6,572,000
Nationwide:
Nonprospectus Construction, $6,253,000:
Provided, That funding for any project identified above may be
exceeded to the extent that savings are effected in other such
projects, but not to exceed 10 percent of the amounts included
in an approved prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a greater
amount: Provided further, That all funds for direct
construction projects shall expire on September 30, 2004, and
remain in the Federal Buildings Fund except for funds for
projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date; (2)
$951,529,000 shall remain available until expended for repairs
and alterations, of which $358,340,000 shall be available for
basic repairs and alterations and $593,189,000 shall be
available for the following repairs and alterations projects,
which includes associated design and construction services:
California:
Los Angeles, Federal Building, 300 North
Los Angeles Street
San Francisco, Appraisers Building
San Francisco, 50 United Nations Plaza
Federal Building (design)
Tecate, Tecate United States Border Station
Colorado:
Denver, Byron G. Rogers Federal Building
and Courthouse
Lakewood, Denver Federal Center, Building
53 (design)
Connecticut:
New Haven, Robert N. Gaimo Federal Building
District of Columbia:
Federal Office Building 10A Garage
Harry S Truman Building (State)
GSA Central Office (design)
GSA Regional Office Building (design)
Herbert C. Hoover Building (design)
Hawaii:
Hilo, Federal Building and Post Office
(design)
Illinois:
Chicago, United States Custom House
Iowa:
Davenport, Federal Building and United
States Courthouse
Maryland:
Baltimore, Metro West
Baltimore, George H. Fallon Federal
Building (design)
Woodlawn, Operations Building
Massachusetts:
Boston, John F. Kennedy Federal Building
Plaza
Minnesota:
St. Paul, Warren E. Burger Federal Building
and U.S. Courthouse (design)
Missouri:
Kansas City, Bannister Federal Complex,
Building 1
Kansas City, Bannister Federal Complex,
Building 2
New Hampshire:
Manchester, Norris Cotton Federal Building
Portsmouth, Thomas J. McIntyre Federal
Building
New York:
New York, Jacob K. Javits Federal Building
Ohio:
Cleveland, Howard M. Metzenbaum United
States Courthouse
Columbus, John W. Bricker Federal Building
(design)
Pennsylvania:
Pittsburgh, William S. Moorhead Federal
Building
Texas:
Dallas, Earle Cabell Federal Building--
Courthouse and Santa Fe Federal Building
Fort Worth, Fritz Garland Lanham Federal
Building
Washington:
Seattle, Henry M. Jackson Federal Building
Seattle, William Kenzo Nakamura, U.S.
Courthouse (design)
Auburn Warehouse Complex (design)
Nationwide:
Elevator Program, Glass Fragmentation
Program and Anti-Terrorism Program:
Provided further, That funds made available in any previous Act
in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in any
previous Act may be increased by an amount not to exceed 10
percent unless advance approval is obtained from the Committees
on Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:
Provided further, That the amounts provided in this or any
prior Act for ``Repairs and Alterations'' may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for security
in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference between
the funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used to
fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations prospectus
projects shall expire on September 30, 2004 and remain in the
Federal Buildings Fund except funds for projects as to which
funds for design or other funds have been obligated in whole or
in part prior to such date: Provided further, That the amount
provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the Government
arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in
prospectus projects; (3) $178,960,000 for installment
acquisition payments including payments on purchase contracts
which shall remain available until expended; (4) $3,113,211,000
for rental of space which shall remain available until
expended; and (5) $1,965,160,000 for building operations which
shall remain available until expended: Provided further, That
funds available to the General Services Administration shall
not be available for expenses of any construction, repair,
alteration and acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959, as amended, has
not been approved, except that necessary funds may be expended
for each project for required expenses for the development of a
proposed prospectus: Provided further, That funds available in
the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under
section 210(f)(6) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 490(f)(6)) and
amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not
in Government ownership or control as may be appropriate to
enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be
available from such revenues and collections: Provided further,
That revenues and collections and any other sums accruing to
this Fund during fiscal year 2003, excluding reimbursements
under section 210(f)(6) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)) in
excess of $7,006,033,000 shall remain in the Fund and shall not
be available for expenditure except as authorized in
appropriations Acts.
GENERAL ACTIVITIES
POLICY AND CITIZEN SERVICES
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, telecommunications,
information technology management, and related technology
activities; providing Internet access to Federal information
and services; and services as authorized by 5 U.S.C. 3109,
$66,304,000.
OPERATING EXPENSES
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and
donation of surplus personal property; disposal of real
property; telecommunications, information technology
management, and related technology activities; agency-wide
policy direction and management, and Board of Contract Appeals;
accounting, records management,and other support services
incident to adjudication of Indian Tribal Claims by the United States
Court of Federal Claims; services as authorized by 5 U.S.C. 3109; and
not to exceed $7,500 for official reception and representation
expenses, $83,663,000, of which $17,463,000 shall remain available
until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
and services authorized by 5 U.S.C. 3109, $37,916,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen Government
property: Provided further, That not to exceed $2,500 shall be
available for awards to employees of other Federal agencies and
private citizens in recognition of efforts and initiatives
resulting in enhanced Office of Inspector General
effectiveness.
ELECTRONIC GOVERNMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development and
implementation of innovative uses of the Internet and other
electronic methods, $5,000,000, to remain available until
expended: Provided, That these funds may be transferred to
Federal agencies to carry out the purposes of the Fund:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act:
Provided further, That such transfers may not be made until 10
days after a proposed spending plan and justification for each
project to be undertaken has been submitted to the Committees
on Appropriations.
allowances and office staff for former presidents
(INCLUDING TRANSFER OF FUNDS)
For carrying out the provisions of the Act of August 25,
1958, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$3,339,000: Provided, That the Administrator of General
Services shall transfer to the Secretary of the Treasury such
sums as may be necessary to carry out the provisions of such
Acts.
ELECTION REFORM REIMBURSEMENTS
For necessary expenses to carry out a program under which
a one-time payment shall be made to the chief election
authority of each State which, on a Statewide basis, obtained
optical scan or electronic voting equipment for the
administration of elections for Federal office in the State
prior to the regularly scheduled general election for Federal
office in November 2000, $15,000,000: Provided, That the amount
of the payment made with respect to a State under such program
shall be equal to the costs incurred by the State in obtaining
optical scan or electronic voting equipment used to administer
the most recent regularly scheduled general election for
Federal office in the State, except that in no case may the
amount of the payment exceed $4,000 per voting precinct in the
State at the time of the election: Provided further, That total
payments made under such program shall not exceed $15,000,000.
GENERAL SERVICES ADMINISTRATION--GENERAL PROVISIONS
Sec. 401. The appropriate appropriation or fund available
to the General Services Administration shall be credited with
the cost of operation, protection, maintenance, upkeep, repair,
and improvement, included as part of rentals received from
Government corporations pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made
available for fiscal year 2003 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by the
Committees on Appropriations.
Sec. 404. No funds made available by this Act shall be used
to transmit a fiscal year 2004 request for United States
Courthouse construction that: (1) does not meet the design
guide standards for construction as established and approved by
the General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget; and
(2) does not reflect the priorities of the Judicial Conference
of the United States as set out in its approved 5-year
construction plan: Provided, That the fiscal year 2004 request
must be accompanied by a standardized courtroom utilization
study of each facility to be constructed, replaced, or
expanded.
Sec. 405. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any
agency that does not pay the rate per square foot assessment
for space and services as determined by the General Services
Administration in compliance with the Public Buildings
Amendments Act of 1972 (Public Law 92-313).
Sec. 406. Funds provided to other Government agencies by
the Information Technology Fund, General Services
Administration, under section 110 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 757) and
sections 5124(b) and 5128 of the Clinger-Cohen Act of 1996 (40
U.S.C. 1424(b) and 1428), for performance of pilot information
technology projects which have potential for Government-wide
benefits and savings, may be repaid to this Fund from any
savings actually incurred by these projects or other funding,
to the extent feasible.
Sec. 407. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than $250,000
arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other
construction projects with prior notification to the Committees
on Appropriations.
Sec. 408. Designation of the Judge Dan M. Russell, Jr.
Federal Building and United States Courthouse. (a) The Federal
building and United States courthouse located at 2015 15th
Street in Gulfport, Mississippi, shall be known and designated
as the ``Judge Dan M. Russell, Jr. Federal Building and United
States Courthouse''.
(b) Any reference in law, map, regulation, document, paper,
or other record of the United States to the Federal building
and United States courthouse referred to in subsection (a)
shall be deemed to be a reference to the ``Judge Dan M.
Russell, Jr. Federal Building and United States Courthouse''.
Sec. 409. Designation.--(a) The United States courthouse
located at 100 Federal Plaza in Central Islip, New York, shall
be known and designated as the ``Alfonse M. D'Amato United
States Courthouse''.
(b) Any reference in law, map, regulation, document, paper,
or other record of the United States to the United States
courthouse referred to in subsection (a) shall be deemed to be
a reference to the ``Alfonse M. D'Amato United States
Courthouse''.
Sec. 410. Designation of Cesar E. Chavez Memorial
Building.--(a) The building known as the Colonnade Center,
located at 1244 Speer Boulevard, Denver, Colorado, shall be
known and designated as the ``Cesar E. Chavez Memorial
Building''.
(b) Any reference in law, map, regulation, document, paper,
or other record of the United States to the building referred
to in subsection (a) shall be deemed to be a reference to the
``Cesar E. Chavez Memorial Building''.
Sec. 411. For gross obligations for the principal amount of
a direct loan as defined by Section 502 of the Congressional
Budget Act of 1974, not to exceed $250,000, to be available
from amounts transferred by Treasury to the ``Disposal of
surplus real and related personal property'' account of the
General Services Administration.
Sec. 412. Designation of Richard Sheppard Arnold United
States Courthouse.--(a) The United States courthouse located at
600 West Capitol Avenue in Little Rock, Arkansas, and any
addition to the courthouse that may hereafter be constructed,
shall be known and designated as the ``Richard Sheppard Arnold
United States Courthouse''.
(b) Any reference in a law, map, regulation, document,
paper, or other record of the United States courthouse referred
to in subsection (a) shall be deemed to be a reference to the
``Richard Sheppard Arnold United States Courthouse''.
Sec. 413. (a) Notwithstanding any other provision of law,
the Administrator of General Services is authorized to acquire,
by purchase, condemnation, or otherwise, the properties known
as 26 West Market Street, 30 West Market Street, 39 West Market
Street, and 40 West Market Street in Salt Lake City, Utah. In
so acquiring, the Administrator shall comply with applicable
environmental and historical preservation statutes. This
authority is in addition to the authority of the Administrator
to acquire any sites necessary for construction of the new
United States Courthouse in Salt Lake City, Utah.
(b) In addition, the Administrator is authorized to
relocate the historical building currently located at 39 West
Market Street, Salt Lake City, Utah, to the parcels known as
26, 30, and 40 West Market Street, Salt Lake City, Utah, and
after the relocation the Administrator is authorized to sell by
auction, or upon such other terms and conditions as the
Administrator deems proper, the properties known as 26, 30, and
40 West Market Street. All proceeds from such sale shall be
deposited into the fund established under section 592 of title
40, United States Code, and shall not be available for
obligation until authorized by a future appropriations Act.
(c) Funds made available in previous appropriations Acts
for site, design and construction of a new Courthouse in Salt
Lake City, as well as funds that may be made available for such
project in fiscal year 2003 appropriations Acts, may be used to
carry out the purposes of subsections (a) and (b).
Sec. 414. Designation of Nathaniel R. Jones Federal
Building and United States Courthouse. (a) In General.--The
Federal building and United States courthouse located at 10
East Commerce Street in Youngstown, Ohio, shall be known and
designated as the ``Nathaniel R. Jones Federal Building and
United States Courthouse''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Federal building and United States courthouse referred to in
subsection (a) shall be deemed to be a reference to the
Nathaniel R. Jones Federal Building and United States
Courthouse.
Sec. 415. Designation of Eldon B. Mahon United States
Courthouse.--(a) The United States Courthouse located at 501
West 10th Street in Fort Worth, Texas, shall be known and
designated as the ``Eldon B. Mahon United States Courthouse''.
(b) Any references in law, map, regulation, document,
paper, or other record of the United States to the building
referred to in subsection (a) shall be deemed to be a reference
to the ``Eldon B. Mahon United States Courthouse''.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and direct procurement of
survey printing, $32,027,000 together with not to exceed
$2,626,000 for administrative expenses to adjudicate retirement
appeals to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems
Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL
POLICY TRUST FUND
For payment to the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Trust Fund,
pursuant to the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act of
1992 (20 U.S.C. 5601 et seq.), $1,996,000, to remain available
until expended: Provided, That up to 60 percent of such funds
may be transferred by the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Foundation for the
necessary expenses of the Native Nations Institute.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $1,309,000, to remain
available until expended.
National Archives and Records Administration
OPERATING EXPENSES
For necessary expenses in connection with the
administration of the National Archives (including the
Information Security Oversight Office) and archived Federal
records and related activities, as provided by law, and for
expenses necessary for the review and declassification of
documents, and for the hire of passenger motor vehicles,
$249,875,000: Provided, That the Archivist of the United States
is authorized to use any excess funds available from the amount
borrowed for construction of the National Archives facility,
for expenses necessary to provide adequate storage for
holdings: Provided further, That of the funds made available,
$11,837,000 is for the electronic records archive, $10,137,000
of which shall be available until September 30, 2005: Provided
further, That, of the funds provided in this paragraph,
$600,000 shall be for the preservation of the records of the
Freedmen's Bureau, as required by section 2910 of title 44,
United States Code, and as authorized by section 3 of the
Freedmen's Bureau Records Preservation Act of 2000 (Public Law
106-444).
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$14,208,000, to remain available until expended, of which
$1,250,000 is for the Military Personnel Records Center
preliminary design studies, $3,250,000 is for repairs to the
Lyndon Baines Johnson Presidential Library Plaza, and
$3,750,000 is for locating, purchasing, and other related site
location expenses for the site of a new regional archives
facility to be constructed in Anchorage, Alaska.
National Historical Publications and Records Commission
GRANTS PROGRAM
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44 U.S.C.
2504, as amended, $6,500,000, to remain available until
expended.
Office of Government Ethics
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended and the Ethics Reform Act of 1989,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and not to exceed $1,500 for
official reception and representation expenses, $10,557,000.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on a
fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting Rights
Act activities require an employee to remain overnight at his
or her post of duty, $129,486,000, of which $24,000,000 shall
remain available until expended for the cost of the government-
wide human resources data network project, and $2,500,000 shall
remain available until expended for the cost of leading the
government-wide initiative to modernize the Federal payroll
systems and service delivery; and in addition $120,791,000 for
administrative expenses, to be transferred from the appropriate
trust funds of the Office of Personnel Management without
regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs,
of which $27,640,000 shall remain available until expended for
the cost of automating the retirement recordkeeping systems:
Provided, That the provisions of this appropriation shall not
affect the authority to use applicable trust funds as provided
by sections 8348(a)(1)(B), 8909(g), and 9004(f)(1)(A) and
(2)(A) of title 5, United States Code: Provided further, That
no part of this appropriation shall be available for salaries
and expenses of the Legal Examining Unit of the Office of
Personnel Management established pursuant to Executive Order
No. 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission on
White House Fellows, established by Executive Order No. 11183
of October 3, 1964, may, during fiscal year 2003, accept
donations of money, property, and personal services in
connection with the development of a publicity brochure to
provide information about the White House Fellows, except that
no such donations shall be accepted for travel or reimbursement
of travel expenses, or for the salaries of employees of such
Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act, as
amended, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $1,519,000, and in addition,
not to exceed $10,886,000 for administrative expenses to audit,
investigate, and provide other oversight of the Office of
Personnel Management's retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office of
Personnel Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), as amended, such sums as may be
necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may be
necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement and
Disability Fund, such sums as may be necessary: Provided, That
annuities authorized by the Act of May 29, 1944, as amended,
and the Act of August 19, 1950, as amended (33 U.S.C. 771-775),
may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
Office of Special Counsel
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law 101-
12), Public Law 103-424, and the Uniformed Services Employment
and Reemployment Act of 1994 (Public Law 103-353), including
services as authorized by 5 U.S.C. 3109, payment of fees and
expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger motor
vehicles; $12,449,000.
United States Tax Court
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $37,305,000:
Provided, That travel expenses of the judges shall be paid upon
the written certificate of the judge.
White House Commission on the National Moment of Remembrance
For necessary expenses of the White House Commission on the
National Moment of Remembrance, as authorized by Public Law
106-579, $250,000.
This title may be cited as the ``Independent Agencies
Appropriations Act, 2003''.
TITLE V--GENERAL PROVISIONS
This Act
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 503. None of the funds made available by this Act
shall be available for any activity or for paying the salary of
any Government employee where funding an activity or paying a
salary to a Government employee would result in a decision,
determination, rule, regulation, or policy that would prohibit
the enforcement of section 307 of the Tariff Act of 1930.
Sec. 504. No part of any appropriation contained in this
Act shall be available to pay the salary for any person filling
a position, other than a temporary position, formerly held by
an employee who has left to enter the Armed Forces of the
United States and has satisfactorily completed his period of
active military or naval service, and has within 90 days after
his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management as
still qualified to perform the duties of his former position
and has not been restored thereto.
Sec. 505. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections 2
through 4 of the Buy American Act (41 U.S.C. 10a-10c).
Sec. 506. (a) Purchase of American-Made Equipment and
Products.--In the case of any equipment or products that may be
authorized to be purchased with financial assistance provided
under this Act, it is the sense of the Congress that entities
receiving such assistance should, in expending the assistance,
purchase only American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the Secretary of the
Treasury shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
Sec. 507. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, such
person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 508. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2003 from appropriations
made available for salaries and expenses for fiscal year 2003
in this Act, shall remain available through September 30, 2004,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on
Appropriations for approval prior to the expenditure of such
funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 509. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
(1) such individual has given his or her express
written consent for such request not more than 6 months
prior to the date of such request and during the same
presidential administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 510. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with respect
to a contract under the Federal Employees Health Benefits
Program established under chapter 89 of title 5, United States
Code.
Sec. 511. For the purpose of resolving litigation and
implementing any settlement agreements regarding the nonforeign
area cost-of-living allowance program, the Office of Personnel
Management may accept and utilize (without regard to any
restriction on unanticipated travel expenses imposed in an
Appropriations Act) funds made available to the Office pursuant
to court approval.
Sec. 512. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 10a-10c).
Sec. 513. Endowment for Presidential Libraries. Section
2112(g) of title 44, United States Code, is amended by adding
at the end the following:
``(5)(A) Notwithstanding paragraphs (3) and (4) (to
the extent that such paragraphs are inconsistent with
this paragraph), this subsection shall be administered
in accordance with this paragraph with respect to any
Presidential archival depository created as a
depository for the papers, documents, and other
historical materials and Presidential records
pertaining to any President who takes the oath of
office as President for the first time on or after July
1, 2002.
``(B) For purposes of subparagraphs (A)(ii),
(B)(i)(II), and (B)(ii)(II) of paragraph (3) the
percentage of 40 percent shall apply instead of 20
percent.
``(C)(i) In this subparagraph, the term `base
endowment amount' means the amount of the endowment
required under paragraph (3).
``(ii)(I) The Archivist may give credits against
the base endowment amount if the Archivist determines
that the proposed Presidential archival depository will
have construction features or equipment that are
expected to result in quantifiable long-term savings to
the Government with respect to the cost of facility
operations.
``(II) The features and equipment described under
subclause (I) shall comply with the standards
promulgated by the Archivist under subsection (a)(2).
``(III) The Archivist shall promulgate standards to
be used in calculating the dollar amount of any credit
to be given, and shall consult with all donors of the
endowment before giving any credits. The total dollar
amount of credits given under this paragraph may not
exceed 20 percent of the base endowment amount.
``(D)(i) In calculating the additional endowment
amount required under paragraph (4), the Archivist
shall take into account credits given under
subparagraph (C), and may also give credits against the
additional endowment amount required under paragraph
(4), if the Archivist determines that construction
features or equipment used in making or equipping the
physical or material change or addition are expected to
result in quantifiable long-term savings to the
Government with respect to the cost of facility
operations.
``(ii) The features and equipment described under
clause (i) shall comply with the standards promulgated
by the Archivist under subsection (a)(2).
``(iii) The Archivist shall promulgate standards to
be used in calculating the dollar amount of any credit
to be given, and shall consult with all donors of the
endowment before giving any credits. The total dollar
amount of credits given under this paragraph may not
exceed 20 percent of the additional endowment amount
required under paragraph (4).''.
Sec. 514. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 515. None of the funds made available by this Act
shall be available for the purpose of transferring control over
the Federal Law Enforcement Training Center located at Glynco,
Georgia, and Artesia, New Mexico, out of the Department of
Homeland Security.
Sec. 516. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefit program which provides any benefits or
coverage for abortions.
Sec. 517. The provision of section 516 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an act
of rape or incest.
Sec. 518. None of the funds provided in this Act may be
used to procure any products, articles, goods, or wares mined,
manufactured, or produced wholly or in part by forced or
indentured child labor as identified in the 1995 U.S.
Department of Labor Report on Forced and Bonded Child Labor,
the 2002 U.S. Department of Labor Findings on the Worst Forms
of Child Labor, or the most recent U.S. Department of State
Human Rights Country Reports.
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Sec. 601. Funds appropriated in this or any other Act may
be used to pay travel to the United States for the immediate
family of employees serving abroad in cases of death or life
threatening illness of said employee.
Sec. 602. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2003 shall obligate or expend any
such funds, unless such department, agency, or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Substances
Act) by the officers and employees of such department, agency,
or instrumentality.
Sec. 603. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60
Stat. 810), for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $8,100
except station wagons for which the maximum shall be $9,100:
Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the cost
of comparable conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with 5
U.S.C. 5922-5924.
Sec. 605. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this or
any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of
this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the Chinese
Student Protection Act of 1992: Provided, That for the purpose
of this section, an affidavit signed by any such person shall
be considered prima facie evidence that the requirements of
this section with respect to his or her status have been
complied with: Provided further, That any person making a false
affidavit shall be guilty of a felony, and, upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for,
any other provisions of existing law: Provided further, That
any payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government. This section shall not apply to
citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with the
United States in a current defense effort, or to international
broadcasters employed by the United States Information Agency,
or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies.
Sec. 606. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with the
Public Buildings Act of 1959 (73 Stat. 749), the Public
Buildings Amendments of 1972 (87 Stat. 216), or other
applicable law.
Sec. 607. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs. Such
funds shall be available until expended for the following
purposes:
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive Order
No. 13101 (September 14, 1998), including any such
programs adopted prior to the effective date of the
Executive order.
(2) Other Federal agency environmental management
programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by law or
as deemed appropriate by the head of the Federal
agency.
Sec. 608. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to objects
for which such funds are otherwise available, for rent in the
District of Columbia; services in accordance with 5 U.S.C.
3109; and the objects specified under this head, all the
provisions of which shall be applicable to the expenditure of
such funds unless otherwise specified in the Act by which they
are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 609. No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid to
any person for the filling of any position for which he or she
has been nominated after the Senate has voted not to approve
the nomination of said person.
Sec. 610. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 611. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available for
employment of guards for all buildings and areas owned or
occupied by the Postal Service and under the charge and control
of the Postal Service, and such guards shall have, with respect
to such property, the powers of special policemen provided by
the first section of the Act of June 1, 1948, as amended (62
Stat. 281; 40 U.S.C. 318), and, as to property owned or
occupied by the Postal Service, the Postmaster General may take
the same actions as the Administrator of General Services may
take under the provisions of sections 2 and 3 of the Act of
June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a and
318b), attaching thereto penal consequences under the authority
and within the limits provided in section 4 of the Act of June
1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer,
or enforce any regulation which has been disapproved pursuant
to a resolution of disapproval duly adopted in accordance with
the applicable law of the United States.
Sec. 613. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2003, by this or
any other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States
Code--
(1) during the period from the date of expiration
of the limitation imposed by section 613 of the
Treasury and General Government Appropriations Act,
2002, until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal
year 2003, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable
wage schedule in accordance with such section 613; and
(2) during the period consisting of the remainder
of fiscal year 2003, in an amount that exceeds, as a
result of a wage survey adjustment, the rate payable
under paragraph (1) by more than the sum of--
(A) the percentage adjustment taking effect
in fiscal year 2003 under section 5303 of title
5, United States Code, in the rates of pay
under the General Schedule; and
(B) the difference between the overall
average percentage of the locality-based
comparability payments taking effect in fiscal
year 2003 under section 5304 of such title
(whether by adjustment or otherwise), and the
overall average percentage of such payments
which was effective in fiscal year 2002 under
such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid from
a schedule not in existence on September 30, 2002, shall be
determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 2002, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2002.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any
requirement or limitation on the basis of a rate of salary or
basic pay, the rate of salary or basic pay payable after the
application of this section shall be treated as the rate of
salary or basic pay.
(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this section
at a rate in excess of the rate that would be payable were this
section not in effect.
(h) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to ensure
the recruitment or retention of qualified employees.
Sec. 614. During the period in which the head of any
department or agency, or any other officer or civilian employee
of the Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such
department head, agency head, officer, or employee, or to
purchase furniture or make improvements for any such office,
unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations. For the
purposes of this section, the term ``office'' shall include the
entire suite of offices assigned to the individual, as well as
any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 615. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations, except that the Federal
Law Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 616. Notwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of national security and
emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 12472 (April 3, 1984).
Sec. 617. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from the
competitive service pursuant to section 3302 of title 5, United
States Code, without a certification to the Office of Personnel
Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that
the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed to
or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense
for the collection of specialized national foreign
intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy,
Air Force, and Marine Corps, the Federal Bureau of
Investigation and the Drug Enforcement Administration
of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions;
and
(7) the Director of Central Intelligence.
Sec. 618. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for the current fiscal year shall obligate or expend
any such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all of
its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in violation
of title VII of the Civil Rights Act of 1964, as amended, the
Age Discrimination in Employment Act of 1967, and the
Rehabilitation Act of 1973.
Sec. 619. None of the funds made available in this Act for
the United States Customs Service may be used to allow--
(1) the importation into the United States of any
good, ware, article, or merchandise mined, produced, or
manufactured by forced or indentured child labor, as
determined pursuant to section 307 of the Tariff Act of
1930 (19 U.S.C. 1307); or
(2) the release into the United States of any good,
ware, article, or merchandise on which the United
States Customs Service has in effect a detention order,
pursuant to such section 307, on the basis that the
good, ware, article, or merchandise may have been
mined, produced, or manufactured by forced or
indentured child labor.
Sec. 620. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens
to prohibit or prevent, any other officer or employee
of the Federal Government from having any direct oral
or written communication or contact with any Member,
committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment
of such other officer or employee or pertaining to the
department or agency of such other officer or employee
in any way, irrespective of whether such communication
or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance of efficiency rating, denies promotion to,
relocates, reassigns, transfers, disciplines, or
discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as
described in paragraph (1).
Sec. 621. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 622. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement
does not contain the following provisions: ``These restrictions
are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or
liabilities created by Executive Order No. 12958; section 7211
of title 5, United States Code (governing disclosures to
Congress); section 1034 of title 10, United States Code, as
amended by theMilitary Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste, fraud,
abuse or public health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures
that could expose confidential Government agents); and the statutes
which protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of title 18,
United States Code, and section 4(b) of the Subversive Activities Act
of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations,
rights, sanctions, and liabilities created by said Executive order and
listed statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding paragraph,
a nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress or to an authorized official of an executive
agency or the Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 623. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 624. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 625. None of the funds made available in this Act or
any other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any
organization outside of the Federal Government without the
approval of the Committees on Appropriations.
Sec. 626. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda
purposes within the United States not heretofore authorized by
the Congress.
Sec. 627. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under
section 105 of title 5, United States Code;
(2) includes a military department as defined under
section 102 of such title, the Postal Service, and the
Postal Rate Commission; and
(3) shall not include the General Accounting
Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official
duties. An employee not under a leave system, including a
Presidential appointee exempted under section 6301(2) of title
5, United States Code, has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in
the performance of official duties.
Sec. 628. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share of
JFMIP administrative costs, as determined by the JFMIP, but not
to exceed a total of $800,000 including the salary of the
Executive Director and staff support.
Sec. 629. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse the ``Policy and
Citizen Services'' account, General Services Administration,
with the approval of the Director of the Office of Management
and Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts. These funds shall be administered by the
Administrator of General Services to support Government-wide
financial, information technology, procurement, and other
management innovations, initiatives, and activities, as
approved by the Director of the Office of Management and
Budget, in consultation with the appropriate interagency groups
designated by the Director (including the Chief Financial
Officers Council and the Joint Financial Management Improvement
Program for financial management initiatives, the Chief
Information Officers Council for information technology
initiatives, and the Procurement Executives Council for
procurement initiatives). The total funds transferred or
reimbursed shall not exceed $17,000,000. Such transfers or
reimbursements may only be made 15 days following notification
of the Committees on Appropriations by the Director of the
Office of Management and Budget.
Sec. 630. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 631. Nothwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities: Provided,
That the Office of Management and Budget shall provide a report
describing the budget of and resources connected with the
National Science and Technology Council to the Committees on
Appropriations, the House Committee on Science; and theSenate
Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
Sec. 632. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds shall
indicate the agency providing the funds and the amount
provided. This provision shall apply to direct payments,
formula funds, and grants received by a State receiving Federal
funds.
Sec. 633. Section 403(f) of Public Law 103-356 (31 U.S.C.
501 note) is amended by striking ``October 1, 2002'' and
inserting ``October 1, 2003''.
Sec. 634. (a) Prohibition of Federal Agency Monitoring of
Personal Information on Use of Internet.--None of the funds
made available in this or any other Act may be used by any
Federal agency--
(1) to collect, review, or create any aggregate
list, derived from any means, that includes the
collection of any personally identifiable information
relating to an individual's access to or use of any
Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect,
review, or obtain any aggregate list, derived from any
means, that includes the collection of any personally
identifiable information relating to an individual's
access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally
identifiable information;
(3) any action taken for law enforcement,
regulatory, or supervisory purposes, in accordance with
applicable law; or
(4) any action described in subsection (a)(1) that
is a system security action taken by the operator of an
Internet site and is necessarily incident to the
rendition of the Internet site services or to the
protection of the rights or property of the provider of
the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in
law.
(2) The term ``supervisory'' means examinations of
the agency's supervised institutions, including
assessing safety and soundness, overall financial
condition, management practices and policies and
compliance with applicable standards as provided in
law.
Sec. 635. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes a
provision providing prescription drug coverage, except where
the contract also includes a provision for contraceptive
coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of
religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 636. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official anti-
doping agency for Olympic, Pan American, and Paralympic sport
in the United States.
Sec. 637. (a) The adjustment in rates of basic pay for the
statutory pay systems that takes effect in fiscal year 2003
under sections 5303 and 5304 of title 5, United States Code,
shall be an increase of 4.1 percent and shall be effective as
of the first day of the first applicable pay period beginning
on or after January 1, 2003.
(b) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department or
agency for salaries and expenses for fiscal year 2003.
Sec. 638. Not later than 6 months after the date of
enactment of this Act, the Inspector General of each applicable
department or agency shall submit to the Committee on
Appropriations a report detailing what policies and procedures
are in place for each department or agency to give first
priority to the location of new offices and other facilities in
rural areas, as directed by the Rural Development Act of 1972.
Sec. 639. United States Postal Service. (a) The United
States Postal Service (USPS) is required under title 5, chapter
83, United States Code, to fund Civil Service Retirement System
benefits attributable to USPS employment since 1971.
(b) The Office of Personnel Management has reviewed the
USPS financing of the Civil Service Retirement System and
determined current law payments overfund USPS liability.
(c) Therefore, it is the Sense of the Congress that the
Congress should address the USPS funding of the Civil Service
Retirement System pension benefits.
Sec. 640. Sense of Congress on Pay Parity. It is the sense
of Congress that there should be parity between the adjustments
in the compensation of members of the uniformed services and
the adjustments in the compensation of civilian employees of
the United States, including blue collar Federal employees paid
under the Federal Wage System.
Sec. 641. (a) In General.--The Administrator of General
Services shall accept all right, title and interest in the
property described in subsection (b)--
(1) if written offer therefor (accompanied by such
proof of title, property descriptions, and other
information as the Administration may require) is
received by the Administrator from the owner of such
property within 12 months after the date of enactment
of this Act;
(2) if all liability with respect to such property
and the owner of such property will remain with the
owner;
(3) if the private sector is unable to dispose of
contaminants in the building on such property;
(4) if the Administrator determines that a
significant public health risk exists from such
property; and
(5) if the Administrator identifies an appropriate
Federal agency to accept all right, title, and interest
in such property.
(b) Property Location.--The property described in this
subsection is the property located at 5401 NW Broken Sound
Boulevard, Boca Raton, Florida, and all improvements thereon.
(c) Consideration.--The United States shall pay an amount
that does not exceed $1 in consideration of any right, title,
or interest received by the United States under this section.
(d) Report.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall transmit to
Congress a comprehensive report describing the efforts made by
the Administrator to fulfill the conditions described in
subsection (a).
Sec. 642. (a) Notwithstanding paragraph (17) of subsection
(a) of the Policemen and Firemen's Retirement and Disability
Act (sec. 5-701(17), D.C. Official Code) or any other provision
of such Act to the contrary, for purposes of determining the
amount of an annuity required to be paid under such Act with
respect to a United States Secret Service member who retired
during the period from November 1, 1994, through October 29,
1995 and who received availability pay under 5 U.S.C. 5545a
during that period, the member's average pay shall be computed
as if the member received availability pay for the 12
consecutive months during which the highest salary was earned
prior to retirement.
(b) Subsection (a) shall apply with respect to an annuity
paid--
(1) on or after November 1, 1994, in the case of a
survivor's annuity paid with respect to a Secret
Service member described in subsection (a); or
(2) on or after October 1, 2002, with respect to a
Secret Service member described in subsection (a).
Sec. 643. Section 902(b) of the Law Enforcement Pay Equity
Act of 2000 (as enacted into law by Public Law 106-554), shall
cease to be effective on the first day of the first pay period
on or after January 1, 2003.
Sec. 644. No funds appropriated under this Act or any other
Act with respect to any fiscal year shall be available to take
any action based upon any provision of 5 U.S.C. 552 with
respect to records collected or maintained pursuant to 18
U.S.C. 846(b), 923(g)(3) or 923(g)(7), or provided by Federal,
State, local, or foreign law enforcement agencies in connection
with arson or explosives incidents or the tracing of a firearm,
except that such records may continue to be disclosed to the
extent and in the manner that records so collected, maintained,
or obtained have been disclosed under 5 U.S.C. 552 prior to the
date of the enactment of this Act.
Sec. 645. (a) Section 9505(d) of title 5, United States
Code, is amended by striking the second sentence and inserting
the following: ``Such amount may not exceed the maximum amount
which would be allowable under paragraph (3) of section 5384(b)
if such paragraph were applied by substituting `the Internal
Revenue Service' for `an agency'. ''.
(b) The amendment made by subsection (a) shall apply with
respect to fiscal years beginning after September 30, 2002.
Sec. 646. None of the funds made available in this Act may
be used to finalize, implement, administer, or enforce--
(1) the proposed rule relating to the determination
that real estate brokerage is an activity that is
financial in nature or incidental to a financial
activity published in the Federal Register on January
3, 2001 (66 Fed. Reg. 307 et seq.); or
(2) the revision proposed in such rule to section
1501.2 of title 12 of the Code of Federal Regulations.
Sec. 647. While nothing in this section shall prevent any
agency of the executive branch from subjecting work performed
by Federal Government employees or private contractors to
public-private competition or conversions, none of the funds
made available in this Act may be used by an agency of the
executive branch to establish, apply, or enforce any numerical
goal, target, or quota for subjecting the employees of the
executive agency to public-private competitions or for
converting such employees or the work performed by such
employees to private contractor performance under the Office of
Management and Budget Circular A-76 or any other administrative
regulation, directive, or policy unless the goal, target, or
quota is based on considered research and sound analysis of
past activities and is consistent with the stated mission of
the executive agency. Nothing in this section shall limit the
use of such funds for the administration of the Government
Performance and Results Act of 1993 or for the administration
of any other provision of law.
Sec. 648. (a) Section 8335(a) of title 5, United States
Code, is amended by striking ``8336'' and inserting
``8336(e)''.
(b) The amendment made by subsection (a) shall be effective
as of January 1, 2003.
This division may be cited as the ``Treasury and General
Government Appropriations Act, 2003''.
DIVISION K--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES APPROPRIATIONS, 2003
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments of
Veterans Affairs and Housing and Urban Development, and for
sundry independent agencies, boards, commissions, corporations,
and offices for the fiscal year ending September 30, 2003, and
for other purposes, namely:
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53,
55, and 61); pension benefits to or on behalf of veterans as
authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 61;
92 Stat. 2508); and burial benefits, emergency and other
officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of article
IV of the Soldiers' and Sailors' Civil Relief Act of 1940 (50
U.S.C. App. 540 et seq.) and for other benefits as authorized
by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51,
53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat. 122, 123; 45
Stat. 735; 76 Stat. 1198), $28,949,000,000, to remain available
until expended: Provided, That not to exceed $17,138,000 of the
amount appropriated under this heading shall be reimbursed to
``General operating expenses'' and ``Medical care'' for
necessary expenses in implementing those provisions authorized
in the Omnibus Budget Reconciliation Act of 1990, and in the
Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and
55), the funding source for which is specifically provided as
the ``Compensation and pensions'' appropriation: Provided
further, That such sums as may be earned on an actual
qualifying patient basis, shall be reimbursed to ``Medical
facilities revolving fund'' to augment the funding of
individual medical facilities for nursing home care provided to
pensioners as authorized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by law (38 U.S.C.
chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61),
$2,264,808,000, to remain available until expended: Provided,
That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under
section 3104(a) of title 38, United States Code, other than
under subsection (a)(1), (2), (5), and (11) of that section,
shall be charged to this account.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized
by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487,
$27,530,000, to remain available until expended.
VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by 38
U.S.C. chapter 37, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That during fiscal year 2003, within
the resources available, not to exceed $300,000 in gross
obligations for direct loans are authorized for specially
adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $168,207,000, which may be
transferred to and merged with the appropriation for ``General
operating expenses''.
EDUCATION LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $1,000, as authorized by 38
U.S.C. 3698, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct
loans not to exceed $3,400.
In addition, for administrative expenses necessary to carry
out the direct loan program, $70,000, which may be transferred
to and merged with the appropriation for ``General operating
expenses''.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $55,000, as authorized by 38
U.S.C. chapter 31, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That funds made available under this
heading are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $3,626,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $289,000, which may be transferred
to and merged with the appropriation for ``General operating
expenses''.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the direct loan
program authorized by 38 U.S.C. chapter 37, subchapter V, as
amended, $558,000, which may be transferred to and merged with
the appropriation for ``General operating expenses'': Provided,
That no new loans in excess of $5,000,000 may be made in fiscal
year 2003.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by 38 U.S.C.
chapter 37, subchapter VI, not to exceed $750,000 of the
amounts appropriated by this Act for ``General operating
expenses'' and ``Medical care'' may be expended.
Veterans Health Administration
MEDICAL CARE
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for
furnishing, as authorized by law, inpatient and outpatient care
and treatment to beneficiaries of the Department of Veterans
Affairs, including care and treatment in facilities not under
the jurisdiction of the department; and furnishing recreational
facilities, supplies, and equipment; funeral, burial, and other
expenses incidental thereto for beneficiaries receiving care in
the department; administrative expenses in support of planning,
design, project management, real property acquisition and
disposition, construction and renovation of any facility under
the jurisdiction or for the use of the department; oversight,
engineering and architectural activities not charged to project
cost; repairing, altering, improving or providing facilities in
the several hospitals and homes under the jurisdiction of the
department, not otherwise provided for, either by contract or
by the hire of temporary employees and purchase of materials;
uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; aid to State homes as authorized by 38 U.S.C. 1741;
administrative and legal expenses of the department for
collecting and recovering amounts owed the department as
authorized under 38 U.S.C. chapter 17, and the Federal Medical
Care Recovery Act, 42 U.S.C. 2651 et seq., $23,889,304,000,
plus reimbursements: Provided, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs may
establish a priority for treatment for veterans who are
service-connected disabled, lower income, or have special
needs: Provided further, That of the funds made available under
this heading, not to exceed $900,000,000 shall be available
until September 30, 2004: Provided further, That the Secretary
of Veterans Affairs shall conduct by contract a program of
recovery audits for the fee basis and other medical services
contracts with respect to payments for hospital care; and,
notwithstanding 31 U.S.C. 3302(b), amounts collected, by setoff
or otherwise, as the result of such audits shall be available,
without fiscal year limitation, for the purposes for which
funds are appropriated under this heading and the purposes of
paying a contractor a percent of the amount collected as a
result of an audit carried out by the contractor: Provided
further, That all amounts so collected under the preceding
proviso with respect to a designated health care region (as
that term is defined in 38 U.S.C. 1729A(d)(2)) shall be
allocated, net of payments to the contractor, to that region.
MEDICAL CARE COLLECTIONS FUND
(INCLUDING TRANSFER OF FUNDS)
Amounts deposited during the current fiscal year in the
Department of Veterans Affairs Medical Care Collections Fund
under section 1729A of title 38, United States Code, may be
transferred to ``Medical care'', to remain available until
expended.
MEDICAL AND PROSTHETIC RESEARCH
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by 38
U.S.C. chapter 73, to remain available until September 30,
2004, $400,000,000, plus reimbursements: Provided, That of the
funds available under this heading $5,000,000 shall be
transferred to ``Medical care'' for research oversight
activities.
MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities, $74,716,000, of which $3,000,000 shall be available
until September 30, 2004, plus reimbursements: Provided, That
technical and consulting services offered by the Facilities
Management Field Support Service, including project management
and real property administration (including leases, site
acquisition and disposal activities directly supporting
projects), shall be provided to Department of Veterans Affairs
components only on a reimbursable basis, and such amounts will
remain available until September 30, 2003.
Departmental Administration
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of department-wide capital
planning, management and policy activities, uniforms or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services
Administration for security guard services, and the Department
of Defense for the cost of overseas employee mail,
$1,254,000,000: Provided, That expenses for services and
assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5), and
(11) that the Secretary determines are necessary to enable
entitled veterans: (1) to the maximum extent feasible, to
become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That the Veterans Benefits Administration shall be funded at
not less than $992,100,000: Provided further, That of the funds
made available under this heading, not to exceed $66,000,000
shall be available for obligation until September 30, 2004:
Provided further, That from the funds made available under this
heading, the Veterans Benefits Administration may purchase up
to two passenger motor vehicles for use in operations of that
Administration in Manila, Philippines: Provided further, That
travel expenses for this account shall not exceed $17,082,000.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; and
hire of passenger motor vehicles, $133,149,000, of which
$6,000,000 shall be available until September 30, 2004.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $58,000,000, to remain available until
September 30, 2004.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending and improving any of
the facilities under the jurisdiction or for the use of the
Department of Veterans Affairs, or for any of the purposes set
forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, and 8122 of title 38, United States Code, including
planning, architectural and engineering services, maintenance
or guarantee period services costs associated with equipment
guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated
cost of a project is $4,000,000 or more or where funds for a
project were made available in a previous major project
appropriation, $99,777,000, to remain available until expended,
of which $5,000,000 shall be for Capital Asset Realignment for
Enhanced Services (CARES) activities; and of which $10,000,000
shall be to make reimbursements as provided in 41 U.S.C. 612
for claims paid for contract disputes: Provided, That except
for advance planning activities, including needs assessments
which may or may not lead to capital investments, and other
capital asset management related activities, such as portfolio
development and management activities, and investment strategy
studies funded through the advance planning fund and the
planning and design activities funded through the design fund
and CARES funds, including needs assessments which may or may
not lead to capital investments, none of the funds appropriated
under this heading shall be used for any project which has not
been approved by the Congress in the budgetary process:
Provided further, That funds provided in this appropriation for
fiscal year 2003, for each approved project (except those for
CARES activities referenced above) shall be obligated: (1) by
the awarding of a construction documents contract by September
30, 2003; and (2) by the awarding of a construction contract by
September 30, 2004: Provided further, That the Secretary of
Veterans Affairs shall promptly report in writing to the
Committees on Appropriations any approved major construction
project in which obligations are not incurred within the time
limitations established above: Provided further, That no funds
from any other account except the ``Parking revolving fund'',
may be obligated for constructing, altering, extending, or
improving a project which was approved in the budget process
and funded in this account until one year after substantial
completion and beneficial occupancy by the Department of
Veterans Affairs of the project or any part thereof with
respect to that part only.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities under the jurisdiction or for the use of the
Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or
guarantee period services costs associated with equipment
guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system
construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103,
8106, 8108, 8109, 8110, 8122, and 8162 of title 38, United
States Code, where the estimated cost of a project is less than
$4,000,000, $226,000,000, to remain available until expended,
along with unobligated balances of previous ``Construction,
minor projects'' appropriations which are hereby made available
for any project where the estimated cost is less than
$4,000,000, of which $35,000,000 shall be for Capital Asset
Realignment for Enhanced Services (CARES) activities: Provided,
That from amounts appropriated under this heading, additional
amounts may be used for CARES activities upon notification of
and approval by the Committees on Appropriations: Provided
further, That funds in this account shall be available for: (1)
repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the department which are
necessary because of loss or damage caused by any natural
disaster or catastrophe; and (2) temporary measures necessary
to prevent or to minimize further loss by such causes.
PARKING REVOLVING FUND
For the parking revolving fund as authorized by 38 U.S.C.
8109, income from fees collected, to remain available until
expended, which shall be available for all authorized expenses
except operations and maintenance costs, which will be funded
from ``Medical care''.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel, modify
or alter existing hospital, nursing home and domiciliary
facilities in State homes, for furnishing care to veterans as
authorized by 38 U.S.C. 8131-8137, $100,000,000, to remain
available until expended.
GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES
For grants to aid States in establishing, expanding, or
improving State veterans cemeteries as authorized by 38 U.S.C.
2408, $32,000,000, to remain available until expended.
administrative provisions
(INCLUDING TRANSFER OF FUNDS)
Sec. 101. Any appropriation for fiscal year 2003 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred to
any other of the mentioned appropriations.
Sec. 102. Appropriations available to the Department of
Veterans Affairs for fiscal year 2003 for salaries and expenses
shall be available for services authorized by 5 U.S.C. 3109.
Sec. 103. No appropriations in this Act for the Department
of Veterans Affairs (except the appropriations for
``Construction, major projects'', ``Construction, minor
projects'', and the ``Parking revolving fund'') shall be
available for the purchase of any site for or toward the
construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department
of Veterans Affairs shall be available for hospitalization or
examination of any persons (except beneficiaries entitled under
the laws bestowing such benefits to veterans, and persons
receiving such treatment under 5 U.S.C. 7901-7904 or 42 U.S.C.
5141-5204), unless reimbursement of cost is made to the
``Medical care'' account at such rates as may be fixed by the
Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of
Veterans Affairs for fiscal year 2003 for ``Compensation and
pensions'', ``Readjustment benefits'', and ``Veterans insurance
and indemnities'' shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of
fiscal year 2002.
Sec. 106. Appropriations accounts available to the
Department of Veterans Affairs for fiscal year 2003 shall be
available to pay prior year obligations of corresponding prior
year appropriations accounts resulting from title X of the
Competitive Equality Banking Act, Public Law 100-86, except
that if such obligations are from trust fund accounts they
shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law,
during fiscal year 2003, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund (38 U.S.C.
1920), the Veterans' Special Life Insurance Fund (38 U.S.C.
1923), and the United States Government Life Insurance Fund (38
U.S.C. 1955), reimburse the ``General operating expenses''
account for the cost of administration of the insurance
programs financed through those accounts: Provided, That
reimbursement shall be made only from the surplus earnings
accumulated in an insurance program in fiscal year 2003 that
are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set
aside: Provided further, That if the cost of administration of
an insurance program exceeds the amount of surplus earnings
accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That
the Secretary shall determine the cost of administration for
fiscal year 2003 which is properly allocable to the provision
of each insurance program and to the provision of any total
disability income insurance included in such insurance program.
Sec. 108. Notwithstanding any other provision of law, the
Department of Veterans Affairs shall continue the Franchise
Fund pilot program authorized to be established by section 403
of Public Law 103-356 until October 1, 2003: Provided, That the
Franchise Fund, established by title I of Public Law 104-204 to
finance the operations of the Franchise Fund pilot program,
shall continue until October 1, 2003.
Sec. 109. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which the
proceeds are received.
Sec. 110. Funds available in any Department of Veterans
Affairs appropriation for fiscal year 2003 or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management and
the Office of Employment Discrimination Complaint Adjudication
for all services provided at rates which will recover actual
costs but not exceed $29,318,000 for the Office of Resolution
Management and $3,010,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That payments
may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall
be credited to ``General operating expenses'' for use by the
office that provided the service.
Sec. 111. No appropriations in this Act for the Department
of Veterans Affairs shall be available to enter into any new
lease of real property if the estimated annual rental is more
than $300,000 unless the Secretary submits a report which the
Committees on Appropriations of the Congress approve within 30
days following the date on which the report is received.
Sec. 112. No appropriations in this Act for the Department
of Veterans Affairs shall be available for hospitalization or
treatment of any person by reason of eligibility under section
1710(a)(3) of title 38, United States Code, unless that person
has disclosed to the Secretary of Veterans Affairs, in such
form as the Secretary may require--
(1) current, accurate third-party reimbursement
information for purposes of section 1729 of such title;
and
(2) annual income information for purposes of
section 1722 of such title.
Sec. 113. (a)(1) Section 1729B of title 38, United States
Code, is repealed. Any balance as of the date of the enactment
of this Act in the Department of Veterans Affairs Health
Services Improvement Fund established under such section shall
be transferred to the Department of Veterans Affairs Medical
Care Collections Fund established under section 1729A of title
38, United States Code.
(2) The table of sections at the beginning of chapter 17 of
such title is amended by striking the item relating to section
1729B.
(b) Section 1729A(b) of such title is amended--
(1) by redesignating paragraph (8) as paragraph
(10); and
(2) by inserting after paragraph (7) the following
new paragraphs:
``(8) Section 8165(a) of this title.
``(9) Section 113 of the Veterans Millennium Health
Care and Benefits Act (Public Law 106-117; 38 U.S.C.
8111 note).''.
(c) Section 1722A of such title is amended--
(1) in subsection (c)--
(A) in the first sentence, by striking
``under subsection (a)'' and inserting ``under
this section''; and
(B) by striking the second sentence; and
(2) by striking subsection (d).
(d)(1) Section 8165 of such title is amended by striking
``Department of Veterans Affairs Health Services Improvement
Fund established under section 1729B of this title'' and
inserting ``Department of Veterans Affairs Medical Care
Collections Fund established under section 1729A of this
title''.
(2) Section 113(b) of the Veterans Millennium Health Care
and Benefits Act (Public Law 106-117; 38 U.S.C. 8111 note) is
amended by striking ``Department of Veterans Affairs Health
Services Improvement Fund established under section 1729B of
title 38, United States Code, as added by section 202'' and
inserting ``Department of Veterans Affairs Medical Care
Collections Fund established under section 1729A of title 38,
United States Code''.
Sec. 114. Of the amounts provided in this Act, $19,900,000
shall be for information technology initiatives to support the
enterprise architecture of the Department of Veterans Affairs.
Sec. 115. None of the funds in this Act may be used to
implement sections 2 and 5 of Public Law 107-287.
Sec. 116. Notwithstanding any other provision of this Act,
the $23,889,304,000 provided for ``Medical care'' under this
title shall be exempt from the across-the-board rescission
under section 601 of division N.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
HOUSING CERTIFICATE FUND
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
For activities and assistance under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (``the
Act'' herein), not otherwise provided for, $17,223,566,000, and
amounts that are recaptured in this account, to remain
available until expended: Provided, That of the amounts made
available under this heading, $13,023,566,000 and the
aforementioned recaptures shall be available on October 1, 2002
and $4,200,000,000 shall be available on October 1, 2003:
Provided further, That amounts made available under this
heading are provided as follows:
(1) $15,278,370,500 for expiring or terminating
section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for
amendments to section 8 project-based subsidy
contracts, for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance
Act, for the 1-year renewal of section 8 contracts for
units in projects that are subject to approved plans of
action under the Emergency Low Income Housing
Preservation Act of 1987 or the Low-Income Housing
Preservation and Resident Homeownership Act of 1990,
and for renewals of expiring section 8 tenant-based
annual contributions contracts (including amendments
and renewals of enhanced vouchers under any provision
of law authorizing such assistance under section 8(t)
of the Act (42 U.S.C. 1437f(t))): Provided, That
notwithstanding any other provision of law, the
Secretary shall renew expiring section 8 tenant-based
annual contributions contracts for each public housing
agency (including for agencies participating in the
Moving to Work demonstration, unit months representing
section 8 tenant-based assistance funds committed by
the public housing agency for specific purposes, other
than reserves, that are authorized pursuant to any
agreement and conditions entered into under such
demonstration, and utilized in compliance with any
applicable program obligation deadlines) based on the
total number of unit months which were under lease as
reported on the most recent end-of-year financial
statement submitted by the public housing agency to the
Department, adjusted by such additional information
submitted by the public housing agency to the Secretary
which the Secretary determines to be timely and
reliable regarding the total number of unit months
under lease at the time of renewal of the annual
contributions contract, and by applying an inflation
factor based on local or regional factors to the actual
per unit cost as reported on such statement: Provided
further, That none of the funds made available in this
paragraph may be used to support a total number of unit
months under lease which exceeds a public housing
agency's authorized level of units under contract;
(2) $391,922,000 for a central fund to be allocated
by the Secretary for amendments to section 8 tenant-
based annual contributions contracts for such purposes
set forth in this paragraph: Provided, That subject to
the following proviso, the Secretary may use amounts
made available in such fund, as necessary, for contract
amendments resulting from a significant increased in
the per unit cost of vouchers or an increase in the
total number of unit months under lease as compared to
the per unit cost or the total number of unit months
provided for by the annual contributions contract:
Provided further, That if a public housing agency, at
any point in time during their fiscal year, has
obligated the amounts made available to such agency
pursuant to paragraph (1) under this heading for the
renewal of expiring section 8 tenant-based annual
contributions contracts, and if such agency has
expended fifty percent of the amounts available to such
agency in its annual contributions contract reserve
account, the Secretary shall make available such
amounts as are necessary from amounts available from
such central fund to fund amendments under the
preceding proviso within thirty days of a request from
such agency:Provided further, That none of the funds
made available in this paragraph may be used to support a total number
of unit months under lease which exceeds a public housing agency's
authorized level of units under contract: Provided further, That the
Secretary shall provide quarterly reports to the Committees on
Appropriations of the House and the Senate on the obligation of funds
provided in this paragraph in accordance with the directions specified
in the joint explanatory statement of the managers accompanying this
Act;
(3) $234,016,500 for section 8 rental assistance
for relocation and replacement of housing units that
are demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects
to assistance under section 8, the family unification
program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in
public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act (42
U.S.C.1437f(t)), and tenant protection assistance,
including replacement and relocation assistance;
(4) $48,000,000 for family self-sufficiency
coordinators under section 23 of the Act;
(5) not to exceed $1,072,257,000 for administrative
and other expenses of public housing agencies in
administering the section 8 tenant-based rental
assistance program, of which $69,547,000 is for such
expenses associated with section 8 tenant-based
assistance provided under this heading in paragraphs
(2) and (3): Provided, That, the fee otherwise
authorized under section 8(q) of the Act shall be
determined in accordance with section 8(q), as in
effect immediately before the enactment of the Quality
Housing and Work Responsibility Act of 1998: Provided
further, That none of the funds made available in this
paragraph shall be provided to any public housing
agency unless such agency reports to the Secretary the
amounts remaining available as of January 31, 2003 in
such agency's administrative reserve fee account:
Provided further, That, notwithstanding any other
provision of law or regulation, the amount of fiscal
year 2003 fee payments otherwise authorized pursuant to
the first proviso in this paragraph for a public
housing agency shall be reduced accordingly by any such
amounts remaining in such agency's administrative fee
reserve account as of January 31, 2003 which exceed 105
percent of the amount of fees paid to such agency from
funds made available in fiscal year 2002: Provided
fruther, That the preceding proviso shall not apply to
any public housing agency if the amount of fiscal year
2003 fee payments otherwise authorized to be provided
to such agency pursuant to the first proviso in this
paragraph does not exceed $100,000: Provided further,
That, hereafter, the Secretary shall recapture any
funds provided in this paragraph from a public housing
agency which are in excess of the amounts expended by
such agency for the section 8 tenant-based rental
assistance program and not otherwise needed to maintain
an administrative fee reserve account balance of not to
exceed five percent: Provided further, That the
Secretary shall provide a report to the Committees on
Appropriations of the House of Representatives and the
Senate no later than July 1, 2003, on the
administrative costs and other expenses associated with
the section 8 tenant-based rental assistance program in
accordance with the directions included in the
statement of the managers accompanying this conference
report;
(6) $196,000,000 for contract administrators for
section 8 project-based assistance; and
(7) not less than $3,000,000 shall be transferred
to the Working Capital Fund for the development of and
modifications to information technology systems which
serve activities under ``Public and Indian Housing'':
Provided, That the Secretary may transfer up to 15
percent of funds provided under paragraphs (1), (2) or
(5), herein to paragraphs (1), (2) or (5), if the
Secretary determines that such action is necessary
because the funding provided under one such paragraph
otherwise would be depleted and as a result, the
maximum utilization of section 8 tenant-based
assistance with the funds appropriated for this purpose
by this Act would not be feasible: Provided further,
That prior to undertaking the transfer of funds in
excess of 10 percent from any paragraphpursuant to the
previous proviso, the Secretary shall notify the Chairman and Ranking
Member of the Subcommittees on Veterans Affairs and Housing and Urban
Development, and Independent Agencies of the Committees on
Appropriations of the House of Representatives and the Senate and shall
not transfer any such funds until 30 days after such notification:
Provided further, That, hereafter, the Secretary shall require public
housing agencies to submit accounting data for funds disbursed under
this heading in this Act and prior Acts by source and purpose of such
funds: Provided further, That incremental vouchers previously made
available under this heading for non-elderly disabled families shall,
to the extent practicable, continue to be provided to non-elderly
disabled families upon turnover: Provided further, That $1,600,000,000
is rescinded from unobligated balances remaining from funds
appropriated to the Department of Housing and Urban Development under
this heading or the heading ``Annual contributions for assisted
housing'' or any other heading for fiscal year 2002 and prior years, to
be effected by the Secretary no later than September 30, 2003: Provided
further, That any such balances governed by reallocation provisions
under the statute authorizing the program for which the funds were
originally appropriated shall be available for the rescission: Provided
further, That any obligated balances of contract authority from fiscal
year 1974 and prior that have been terminated shall be cancelled.
PUBLIC HOUSING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies,
as authorized under section 9 of the United States Housing Act
of 1937, as amended (42 U.S.C. 1437g), $2,730,000,000 (the
``Act''), to remain available until September 30, 2006:
Provided, That of the total amount provided under this heading,
in addition to amounts otherwise allocated under this heading,
$447,000,000 shall be allocated for such capital and management
activities only among public housing agencies that have
obligated all assistance for the agency for fiscal years 1998,
1999, 2000, and 2001 made available under this same heading in
accordance with the requirements under paragraphs (1) and (2)
of section 9(j) of such Act: Provided further, That
notwithstanding any other provision of law or regulation,
during fiscal year 2003, the Secretary may not delegate to any
Department official other than the Deputy Secretary any
authority under paragraph (2) of such section 9(j) regarding
the extension of the time periods under such section for
obligation of amounts made available for fiscal year 1998,
1999, 2000, 2001, 2002, or 2003: Provided further, That with
respect to any amounts made available under the Public Housing
Capital Fund for fiscal year 1999, 2000, 2001, 2002, or 2003
that remain unobligated in violation of paragraph (1) of such
section 9(j) or unexpended in violation of paragraph (5)(A) of
such section 9(j), the Secretary shall recapture any such
amounts and reallocate such amounts among public housing
agencies determined under section 6(j) of the Act to be high-
performing: Provided further, That for purposes of this
heading, the term ``obligate'' means, with respect to amounts,
that the amounts are subject to a binding agreement that will
result in outlays immediately or in the future: Provided
further, That the Secretary shall issue final regulations to
carry out section 9(j) of the United States Housing Act of 1937
(42 U.S.C. 1437g(j)), not later than August 1, 2003: Provided
further, That of the total amount provided under this heading,
up to $51,000,000 shall be for carrying out activities under
section 9(h) of such Act, of which up to $11,000,000 shall be
for the provision of remediation services to public housing
agencies identified as ``troubled'' under the Section 8
Management Assessment Program and for surveys used to calculate
local Fair Market Rents and assess housing conditions in
connection with rental assistance under section 8 of the Act:
Provided further, That of the total amount provided under this
heading, up to $500,000 shall be for lease adjustments to
section 23 projects, and no less than $18,600,000 shall be
transferred to the Working Capital Fund for the development of
and modifications to information technology systems which serve
programs or activities under ``Public and Indian housing'':
Provided further, That no funds may be used under this heading
for the purposes specified in section 9(k) of the United States
Housing Act of 1937, as amended: Provided further, That of the
total amount provided under this heading, up to $50,000,000
shall be available for the Secretary of Housing and Urban
Development to make grants to public housing agencies for
emergency capital needs resulting from emergencies and natural
disasters in fiscal year 2003: Provided further, That of the
total amount provided under this heading, $15,000,000 shall be
for Neighborhood Networks grants for activities authorized in
section 9(d)(1)(E) of the United States Housing Act of 1937, as
amended: Provided further, That notwithstanding any other
provision of law, amounts made available in the previous
proviso shall be awarded to public housing agencies on a
competitive basis as provided in section 102 of the Department
of Housing and Urban Development Reform Act of 1989: Provided
further, That of the total amount provided under this heading,
$55,000,000 shall be for supportive services, service
coordinators and congregate services as authorized by section
34 of the Act and the Native American Housing Assistance and
Self-Determination Act of 1996.
PUBLIC HOUSING OPERATING FUND
For payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e)
of the United States Housing Act of 1937, as amended (42 U.S.C.
1437g(e)), $3,600,000,000: Provided, That of the total amount
provided under this heading, $10,000,000 shall be for programs,
as determined appropriate by the Attorney General, which assist
in the investigation, prosecution, and prevention of violent
crimes and drug offenses in public and federally-assisted low-
income housing, including Indian housing, which shall be
administered by the Department of Justice through a
reimbursable agreement with the Department of Housing and Urban
Development: Provided further, That up to $250,000,000 shall be
made available for payments to public housing agencies that are
eligible for additional funds for fiscal year 2002 payments for
the operation and management of public housing: Provided
further, That no funds may be made available under this heading
in fiscal year2004 and subsequent fiscal years may be provided
for fiscal year 2003 payments to public housing agencies for the
operation and management of public housing: Provided further, That no
funds may be used under this heading for the purposes specified in
section 9(k) of the United States Housing Act of 1937, as amended.
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based
assistance grants to projects as authorized by section 24 of
the United States Housing Act of 1937, as amended,
$574,000,000, to remain available until September 30, 2004, of
which the Secretary may use up to $6,250,000 for technical
assistance and contract expertise, to be provided directly or
indirectly by grants, contracts or cooperative agreements,
including training and cost of necessary travel for
participants in such training, by or to officials and employees
of the department and of public housing agencies and to
residents: Provided, That none of such funds shall be used
directly or indirectly by granting competitive advantage in
awards to settle litigation or pay judgments, unless expressly
permitted herein: Provided further, That of the total amount
provided under this heading, $5,000,000 shall be for a
Neighborhood Networks initiative for activities authorized in
section 24(d)(1)(G) of the United States Housing Act of 1937,
as amended: Provided further, That notwithstanding any other
provision of law, amounts made available in the previous
proviso shall be awarded to public housing agencies on a
competitive basis as provided in section 102 of the Department
of Housing and Urban Development Reform Act of 1989.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(INCLUDING TRANSFERS OF FUNDS)
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $649,000,000, to remain available until
expended, of which $2,200,000 shall be contracted through the
Secretary as technical assistance and capacity building to be
used by the National American Indian Housing Council in support
of the implementation of NAHASDA; of which $4,000,000 shall be
to support the inspection of Indian housing units, contract
expertise, training, and technical assistance in the training,
oversight, and management of Indian housing and tenant-based
assistance, including up to $300,000 for related travel; and of
which no less than $600,000 shall be transferred to the Working
Capital Fund for development of and modifications to
information technology systems which serve programs or
activities under ``Public and Indian housing'': Provided, That
of the amount provided under this heading, $2,000,000 shall be
made available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided
further, That such costs, including the costs of modifying such
notes and other obligations, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part
of which is to be guaranteed, not to exceed $16,658,000:
Provided further, That for administrative expenses to carry out
the guaranteed loan program, up to $150,000 from amounts in the
first proviso, which shall be transferred to and merged with
the appropriation for ``Salaries and expenses'', to be used
only for the administrative costs of these guarantees.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $5,300,000, to remain available until
expended, of which $100,000 shall be for necessary expenses of
the Land Title Report Commission pursuant to section 501(a) of
Public Law 106-569: Provided, That such costs, including the
costs of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $197,243,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $200,000 from amounts in the
first paragraph, which shall be transferred to and merged with
the appropriation for ``Salaries and expenses'', to be used
only for the administrative costs of these guarantees.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13b), $1,035,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$39,712,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the
first paragraph, which shall be transferred to and merged with
the appropriation for ``Salaries and expenses'', to be used
only for the administrative costs of these guarantees.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity Act
(42 U.S.C. 12901 et seq.), $292,000,000, to remain available
until September 30, 2004: Provided, That the Secretary shall
renew all expiring contracts for permanent supportive housing
that were funded under section 854(c)(3) of such Act that meet
all program requirements before awarding funds for new
contracts and activities authorized under this section:
Provided further, That the Secretary may use up to $2,000,000
of the funds under this heading for training, oversight, and
technical assistance activities.
RURAL HOUSING AND ECONOMIC DEVELOPMENT
For the Office of Rural Housing and Economic Development in
the Department of Housing and Urban Development, $25,000,000 to
remain available until expended, which amount shall be awarded
by June 1, 2003, to Indian tribes, State housing finance
agencies, State community and/or economic development agencies,
local rural nonprofits and community development corporationsto
support innovative housing and economic development activities in rural
areas: Provided, That all grants shall be awarded on a competitive
basis as specified in section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES
For grants in connection with a second round of empowerment
zones and enterprise communities, $30,000,000, to remain
available until September 30, 2005, for ``Urban Empowerment
Zones'', as authorized in section 1391(g) of the Internal
Revenue Code of 1986 (26 U.S.C. 1391(g)), including $2,000,000
for each empowerment zone for use in conjunction with economic
development activities consistent with the strategic plan of
each empowerment zone.
COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFERS OF FUNDS)
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $4,937,000,000, to remain
available until September 30, 2005: Provided, That of the
amount provided, $4,367,930,000 is for carrying out the
community development block grant program under title I of the
Housing and Community Development Act of 1974, as amended (the
``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further,
That not to exceed 20 percent of any grant made with funds
appropriated under this heading (other than a grant made
available in this paragraph to the Housing Assistance Council
or the National American Indian Housing Council, or a grant
using funds under section 107(b)(3) of the Act) shall be
expended for ``Planning and Management Development'' and
``Administration'', as defined in regulations promulgated by
the Department: Provided further, That $71,000,000 shall be for
grants to Indian tribes notwithstanding section 106(a)(1) of
such Act; $3,300,000 shall be for a grant to the Housing
Assistance Council; $2,400,000 shall be for a grant to the
National American Indian Housing Council; $5,000,000 shall be
available as a grant to the National Housing Development
Corporation, for operating expenses not to exceed $2,000,000
and for a program of affordable housing acquisition and
rehabilitation; $5,000,000 shall be available as a grant to the
National Council of La Raza for the HOPE Fund, of which
$500,000 is for technical assistance and fund management, and
$4,500,000 is for investments in the HOPE Fund and financing to
affiliated organizations; $49,100,000 shall be for grants
pursuant to section 107 of the Act; $9,000,000 shall be made
available to the Neighborhood House, St. Paul, Minnesota for
construction costs of the Paul and Sheila Wellstone Center for
Community Building; no less than $3,400,000 shall be
transferred to the Working Capital Fund for the development of
and modification to information technology systems which serve
programs or activities under ``Community planning and
development''; $25,250,000 shall be for grants pursuant to the
Self Help Homeownership Opportunity Program; $32,500,000 shall
be for capacity building, of which $28,250,000 shall be for
Capacity Building for Community Development and Affordable
Housing for LISC and the Enterprise Foundation for activities
as authorized by section 4 of the HUD Demonstration Act of 1993
(42 U.S.C. 9816 note), as in effect immediately before June 12,
1997, with not less than $5,000,000 of the funding to be used
in rural areas, including tribal areas, and of which $4,250,000
shall be for capacity building activities administered by
Habitat for Humanity International; $60,000,000 shall be
available for YouthBuild program activities authorized by
subtitle D of title IV of the Cranston-Gonzalez National
Affordable Housing Act, as amended, and such activities shall
be an eligible activity with respect to any funds made
available under this heading: Provided, That local YouthBuild
programs that demonstrate an ability to leverage private and
nonprofit funding shall be given a priority for YouthBuild
funding: Provided further, That no more than 10 percent of any
grant award under the YouthBuild program may be used for
administrative costs: Provided further, That of the amount made
available for YouthBuild not less than $10,000,000 is for
grants to establish YouthBuild programs in underserved and
rural areas and $2,000,000 is to be made available for a grant
to YouthBuild USA for capacity building for community
development and affordable housing activities as specified in
section 4 of the HUD Demonstration Act of 1993, as amended.
Of the amount made available under this heading,
$42,120,000 shall be available for neighborhood initiatives
that are utilized to improve the conditions of distressed and
blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in areas
with population outmigration or a stagnating or declining
economic base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives:
Provided, That these grants shall be provided in accordance
with the terms and conditions specified in the joint
explanatory statement of the managers accompanying this Act.
Of the amount made available under this heading,
$261,000,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the joint explanatory statement of the
managers accompanying this Act.
The referenced statement of the managers under this heading
in Public Law 107-73 is deemed to be amended with respect to
the amount made available to the City of Rome, New York, by
striking ``related to the South Rome Industrial Park'' and
inserting ``and building renovations at the Rome business and
tech park''.
The referenced statement of the managers under this heading
in Public Law 107-73 is deemed to be amended with respect to a
grant made available to the Community Medical Centers of
Fresno, California by striking all after ``$300,000'' and
inserting ``to the City of Fresno, California for
rehabilitation of the Fresno Community Regional Medical Center
neighborhood.''.
The referenced statement of the managers under this heading
in Public Law 106-377 and 107-73 is deemed to be amended with
respect to grants made to the City of Mt. Clemens, Michigan by
striking ``City of Mt. Clemens, Michigan'' and inserting ``Mt.
Clemens Community Schools in Mt. Clemens, Michigan''.
The referenced statement of the managers under the heading
``Community development block grants'' in title II of Public
Law 105-277 is deemed to be amended bystriking ``$750,000 to
the Maryland State Department of Housing and Community Development for
relocation of residents of Wagners Point community in Baltimore,
Maryland'' and insert in lieu thereof ``$750,000 to the Maryland State
Department of Housing and Community Development for relocation of
residents of Wagners Point community in Baltimore, Maryland ($514,000)
and for recovery efforts that occurred on or after the April 28, 2002
tornado in Charles and Calvert Counties ($236,000)''.
The referenced statement of the managers under this heading
in Public Law 107-73 is deemed to be amended with respect to a
grant made to the Metropolitan Development Association in
Syracuse, New York by adding after the words ``Genesee Street
Armory study'' the words ``and other development projects
undertaken by the Association within the City of Syracuse''.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, $6,325,000, to remain
available until September 30, 2004, as authorized by section
108 of the Housing and Community Development Act of 1974, as
amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$275,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in section 108(k) of the
Housing and Community Development Act of 1974, as amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, $1,000,000, which shall be transferred
to and merged with the appropriation for ``Salaries and
expenses''.
BROWNFIELDS REDEVELOPMENT
For Economic Development Grants, as authorized by section
108(q) of the Housing and Community Development Act of 1974, as
amended, for Brownfields redevelopment projects, $25,000,000,
to remain available until September 30, 2004: Provided, That
the Secretary of Housing and Urban Development shall make these
grants available on a competitive basis as specified in section
102 of the Department of Housing and Urban Development Reform
Act of 1989.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,925,000,000, to remain available
until September 30, 2005: Provided, That of the total amount
provided in this paragraph, up to $40,000,000 shall be
available for housing counseling under section 106 of the
Housing and Urban Development Act of 1968; and no less than
$1,100,000 shall be transferred to the Working Capital Fund for
the development of, maintenance of, and modification to
information technology systems which serve programs or
activities under ``Community planning and development''.
In addition to amounts otherwise made available under this
heading, $75,000,000, to remain available until September 30,
2005, for assistance to homebuyers as authorized under title II
of the Cranston-Gonzalez National Affordable Housing Act, as
amended: Provided, That the Secretary shall provide such
assistance in accordance with a formula to be established by
the Secretary that considers a participating jurisdiction's
need for, and prior commitment to, assistance to homebuyers.
HOMELESS ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
For the emergency shelter grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the supportive housing program as
authorized under subtitle C of title IV of such Act; the
section 8 moderate rehabilitation single room occupancy program
as authorized under the United States Housing Act of 1937, as
amended, to assist homeless individuals pursuant to section 441
of the McKinney-Vento Homeless Assistance Act; and the shelter
plus care program as authorized under subtitle F of title IV of
such Act, $1,225,000,000, to remain available until September
30, 2005: Provided, That not less than 30 percent of funds made
available, excluding amounts provided for renewals under the
shelter plus care program, shall be used for permanent housing:
Provided further, That all funds awarded for services shall be
matched by 25 percent in funding by each grantee: Provided
further, That the Secretary shall renew on an annual basis
expiring contracts or amendments to contracts funded under the
shelter plus care program if the program is determined to be
needed under the applicable continuum of care and meets
appropriate program requirements and financial standards, as
determined by the Secretary: Provided further, That all awards
of assistance under this heading shall be required to
coordinate and integrate homeless programs with other
mainstream health, social services, and employment programs for
which homeless populations may be eligible, including Medicaid,
State Children's Health Insurance Program, Temporary Assistance
for Needy Families, Food Stamps, and services funding through
the Mental Health and Substance Abuse Block Grant, Workforce
Investment Act, and the Welfare-to-Work grant program: Provided
further, That $11,000,000 of the funds appropriated under this
heading shall be available for the national homeless data
analysis project: Provided further, That $6,600,000 of the
funds appropriated under this heading shall be available for
technical assistance: Provided further, That no less than
$1,500,000 of the funds appropriated under this heading shall
be transferred to the Working Capital Fund for the development
of and modifications to information technology systems which
serve activities under ``Community planning and development'':
Provided further, That of the total amount provided under this
heading, $10,000,000 shall be made available for a two-year
grant demonstration program to be conducted in consultation
with the Interagency Council on the Homeless.
Housing Programs
HOUSING FOR SPECIAL POPULATIONS
(INCLUDING TRANSFER OF FUNDS)
For assistance for the purchase, construction, acquisition,
or development of additional public and subsidized housing
units for low income families not otherwise provided for,
$1,033,801,000, to remain available until September 30, 2006:
Provided, That $783,286,000, plus recaptures or cancelled
commitments, shall be for capital advances, including
amendments to capital advance contracts, for housing for the
elderly, as authorized by section 202 of the Housing Act of
1959, as amended, and for project rental assistance for the
elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 1-year term,
and for supportive services associated with the housing, of
which amount $50,000,000 shall be for service coordinators and
the continuation of existing congregate service grants for
residents of assisted housing projects, and of which amount up
to $25,000,000 shall be for grants under section 202b of the
Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of
eligible projects under such section to assisted living or
related use: Provided further, That of the amount under this
heading, $250,515,000 shall be for capital advances, including
amendments to capital advance contracts, for supportive housing
for persons with disabilities, as authorized by section 811 of
the Cranston-Gonzalez National Affordable Housing Act, for
project rental assistance for supportive housing for persons
with disabilities under section 811(d)(2) of such Act,
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by
section811(b)(1) of such Act, and for tenant-based rental assistance
contracts entered into pursuant to section 811 of such Act: Provided
further, That of the amount made available under this heading,
$25,000,000 shall be available to the Secretary of Housing and Urban
Development only for making grants to private nonprofit organizations
and consumer cooperatives for covering costs of architectural and
engineering work, site control, and other planning relating to the
development of supportive housing for the elderly that is eligible for
assistance under section 202 of the Housing Act of 1959 (12 U.S.C.
1701q): Provided further, That amounts made available in the previous
proviso shall be awarded on a competitive basis as provided in section
102 of the Department of Housing and Urban Development Reform Act of
1989: Provided further, That the Secretary shall provide a report to
the Committees on Appropriations of the House and Senate not later than
July 15, 2003, in accordance with the direction included in the joint
explanatory statement of the managers accompanying this Act: Provided
further, That no less than $500,000, to be divided evenly between the
appropriations for the section 202 and section 811 programs, shall be
transferred to the Working Capital Fund for the development of and
modifications to information technology systems which serve activities
under ``Housing programs'' or ``Federal housing administration'':
Provided further, That, in addition to amounts made available for
renewal of tenant-based rental assistance contracts pursuant to the
second proviso of this paragraph, the Secretary may designate up to 25
percent of the amounts earmarked under this paragraph for section 811
of such Act for tenant-based assistance, as authorized under that
section, including such authority as may be waived under the next
proviso, which assistance is 5 years in duration: Provided further,
That the Secretary may waive the provisions governing the terms and
conditions of project rental assistance and tenant-based rental
assistance for such section 202 and such section 811, except that the
initial contract term for such assistance shall not exceed 5 years in
duration: Provided further, That all balances and recaptures, as of
October 1, 2002, remaining in the ``Congregate housing services''
account as authorized by the Housing and Community Development
Amendments of 1978, as amended, shall be transferred to and merged with
the amounts for those purposes under this heading.
FLEXIBLE SUBSIDY FUND
(TRANSFER OF FUNDS)
From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2002, and
any collections made during fiscal year 2003, shall be
transferred to the Flexible Subsidy Fund, as authorized by
section 236(g) of the National Housing Act, as amended.
RENTAL HOUSING ASSISTANCE
(RESCISSION)
Up to $100,000,000 of recaptured section 236 budget
authority resulting from prepayment of mortgages subsidized
under section 236 of the National Housing Act (12 U.S.C. 1715z-
1) shall be rescinded in fiscal year 2003: Provided, That the
limitation otherwise applicable to the maximum payments that
may be required in any fiscal year by all contracts entered
into under section 236 is reduced in fiscal year 2003 by not
more than $100,000,000 in uncommitted balances of
authorizations of contract authority provided for this purpose
in appropriations Acts.
MANUFACTURED HOUSING FEES TRUST FUND
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974, as amended (42 U.S.C. 5401 et seq.), $13,000,000, to
remain available until expended, to be derived from the
Manufactured Housing Fees Trust Fund: Provided, That not to
exceed the total amount appropriated under this heading shall
be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures
pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be
reduced as such collections are received during fiscal year
2003 so as to result in a final fiscal year 2003 appropriation
from the general fund estimated at not more than $0 and fees
pursuant to such section 620 shall be modified as necessary to
ensure such a final fiscal year 2003 appropriation.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
During fiscal year 2003, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National
Housing Act, as amended, shall not exceed a loan principal of
$165,000,000,000.
During fiscal year 2003, obligations to make direct loans
to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $100,000,000:
Provided, That the foregoing amount shall be for loans to
nonprofit and governmental entities in connection with sales of
single family real properties owned by the Secretary and
formerly insured under the Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the
guaranteed and direct loan program, $347,829,000, of which not
to exceed $343,807,000 shall be transferred to the
appropriation for ``Salaries and expenses''; and not to exceed
$4,022,000 shall be transferred to the appropriation for
``Office of Inspector General''. In addition, for
administrative contract expenses, $85,720,000, of which no less
than $21,360,000 shall be transferred to the Working Capital
Fund for the development of and modifications to information
technology systems which serve programs or activities under
``Housing programs'' or ``Federal housing administration'':
Provided, That to the extent guaranteed loan commitments exceed
$65,500,000,000 on or before April 1, 2003, an additional
$1,400 for administrative contract expenses shall be available
for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000),
but in no case shall funds made available by this proviso
exceed $16,000,000.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and
1735c), including the cost of loan guarantee modifications, as
that term is defined in section 502 of the Congressional Budget
Act of 1974, as amended, $15,000,000, to remain available until
expended: Provided, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, of
up to $23,000,000,000.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $50,000,000, of
which not to exceed $30,000,000 shall be for bridge financing
in connection with the sale of multifamily real properties
owned by the Secretary and formerly insured under such Act; and
of which not to exceed $20,000,000 shall be for loans to
nonprofit and governmental entities in connection with the sale
of single-family real properties owned by the Secretary and
formerly insured under such Act.
In addition, for administrative expenses necessary to carry
out the guaranteed and direct loan programs, $223,716,000, of
which $204,395,000, shall be transferred to the appropriation
for ``Salaries and expenses''; and of which $19,321,000 shall
be transferred to the appropriation for ``Office of Inspector
General''.
In addition, for administrative contract expenses necessary
to carry out the guaranteed and direct loan programs,
$93,780,000, of which no less than $14,240,000 shall be
transferred to the Working Capital Fund for the development of
and modifications to information technology systems which serve
activities under ``Housing programs'' or ``Federal housing
administration'': Provided, That to the extent guaranteed loan
commitments exceed $8,426,000,000 on or before April 1, 2003,
an additional $1,980 for administrative contract expenses shall
be available for each $1,000,000 in additional guaranteed loan
commitments over $8,426,000,000 (including a pro rata amount
for any increment below $1,000,000), but in no case shall funds
made available by this proviso exceed $14,400,000.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as amended
(12 U.S.C. 1721(g)), shall not exceed $200,000,000,000, to
remain available until September 30, 2004.
For administrative expenses necessary to carry out the
guaranteed mortgage-backed securities program, $10,343,000, to
be derived from the GNMA guarantees of mortgage-backed
securities guaranteed loan receipt account, of which not to
exceed $10,343,000, shall be transferred to the appropriation
for ``Salaries and expenses''.
Policy Development and Research
RESEARCH AND TECHNOLOGY
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban problems,
not otherwise provided for, as authorized by title V of the
Housing and Urban Development Act of 1970, as amended (12
U.S.C. 1701z-1 et seq.), including carrying out the functions
of the Secretary under section 1(a)(1)(i) of Reorganization
Plan No. 2 of 1968, $47,000,000, to remain available until
September 30, 2004: Provided, That of the total amount provided
under this heading, $7,500,000 shall be for the Partnership for
Advancing Technology in Housing (PATH) Initiative.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community Development
Act of 1987, as amended, $45,899,000, to remain available until
September 30, 2004, of which $20,250,000 shall be to carry out
activities pursuant to such section 561: Provided, That no
funds made available under this heading shall be used to lobby
the executive or legislative branches of the Federal Government
in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
LEAD HAZARD REDUCTION
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $176,000,000, to remain available until
September 30, 2004, of which $10,000,000 shall be for the
Healthy Homes Initiative, pursuant to sections 501 and 502 of
the Housing and Urban Development Act of 1970 that shall
include research, studies, testing, and demonstration efforts,
including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards:
Provided, That of the total amount made available under this
heading, $50,000,000 shall be made available on a competitive
basis for areas with the highest lead paint abatement needs, as
identified by the Secretary as having: (1) the highest number
of pre-1940 units of rental housing; and (2) a
disproportionately high number of documented cases of lead-
poisoned children: Provided further, That each grantee
receiving funds under the previous proviso shall target those
privately owned units and multifamily buildings that are
occupied by low-income families as defined under section
3(b)(2) of the United States Housing Act of 1937: Provided
further, That not less than 90 percent of the funds made
available under this paragraph shall be used exclusively for
abatement, inspections, risk assessments, temporary relocations
and interim control of lead-based hazards as defined by 42
U.S.C. 4851: Provided further, That each recipient of funds
provided under the first proviso shall make a matching
contribution in an amount not less than 25 percent: Provided
further, That each applicant shall submit a detailed plan and
strategy that demonstrates adequate capacity that is acceptable
to the Secretary of the Department of Housing and Urban
Development to carry out the proposed use of funds pursuant to
a Notice of Funding Availability.
Management and Administration
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development,
not otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire
of passenger motor vehicles; services as authorized by 5 U.S.C.
3109; and not to exceed $25,000 for official reception and
representation expenses, $1,090,229,000, of which $20,000,000
shall remain available until September 30, 2004, for funds
control improvements; and of which $548,202,000 shall be
provided from the various funds of the Federal Housing
Administration, $10,343,000 shall be provided from funds of the
Government National Mortgage Association, $1,000,000 shall be
provided from the ``Community development loan guarantees
program'' account, $150,000 shall be provided by transfer from
the ``Native American housing block grants'' account, $200,000
shall be provided by transfer from the``Indian housing loan
guarantee fund program'' account and $35,000 shall be transferred from
the ``Native Hawaiian housing loan guarantee fund'' account: Provided,
That funds made available under this heading shall only be allocated in
the manner specified in the report accompanying this Act unless the
Committees on Appropriations of both the House of Representatives and
the Senate are notified of any changes in an operating plan or
reprogramming: Provided further, That no less than $10,500,000 shall be
transferred to the Working Capital Fund for the development of and
modifications to information technology systems: Provided further, That
of the total amount made available under this heading, not less than
$21,000,000 is to be made available to the Chief Financial Officer
exclusively for activities to implement appropriate funds control
systems, including improvements in automated financial management
systems, additional training of departmental employees in proper fund
control procedures, and establishment of a division of appropriations
law within the Office of the Chief Financial Officer: Provided further,
That the Chief Financial Officer shall submit a revised departmental
funds control handbook to the Committees on Appropriations of the House
and Senate no later than 30 days after enactment of this Act: Provided
further, That no official or employee of the Department shall be
designated as an allotment holder unless the Office of the Chief
Financial Officer (OCFO) has determined that such allotment holder has
implemented an adequate system of funds control and has received
training in funds control procedures and directives: Provided further,
That the Secretary shall, within 30 days of enactment of this Act,
permanently transfer no fewer than four appropriations law attorneys
from the Legislative Division of the Office of Legislation and
Regulations, Office of General Counsel to the OCFO: Provided further,
That personnel transferred pursuant to the previous proviso shall
report directly to the Chief Financial Officer: Provided further, That,
notwithstanding any other provision of law, hereafter, the Chief
Financial Officer of the Department of Housing and Urban Development
shall, in consultation with the Budget Officer, have sole authority to
investigate potential or actual violations under the Anti-Deficiency
Act (31 U.S.C. 1341 et seq.) and all other statutes and regulations
related to the obligation and expenditure of funds made available in
this, or any other Act; shall determine whether violations exist; and
shall submit final reports on violations to the Secretary, the
President, the Office of Management and Budget and the Congress in
accordance with applicable statutes and Office of Management and Budget
circulars: Provided further, That the Chief Financial Officer shall
establish positive control of and maintain adequate systems of
accounting for appropriations and other available funds as required by
31 U.S.C. 1514: Provided further, That for the purpose of determining
whether a violation exists under the Anti-Deficiency Act (31 U.S.C.
1341 et seq.), the point of obligation shall be the executed agreement
or contract: Provided further, That the Chief Financial Officer shall:
(a) appoint qualified personnel to conduct investigations of potential
or actual violations; (b) establish minimum training requirements and
other qualifications for personnel that may be appointed to conduct
investigations; (c) establish guidelines and timeframes for the conduct
and completion of investigations; (d) prescribe the content, format and
other requirements for the submission of final reports on violations;
and (e) prescribe such additional policies and procedures as may be
required for conducting investigations of, and administering,
processing, and reporting on, potential and actual violations of the
Anti-Deficiency Act and all other statutes and regulations governing
the obligation and expenditure of funds made available in this or any
other Act: Provided further, That the Secretary shall fill 7 out of 10
vacancies at the GS-14 and GS-15 levels until the total number of GS-14
and GS-15 positions in the Department has been reduced from the number
of GS-14 and GS-15 positions on the date of enactment of Public Law
106-377 by 2\1/2\ percent: Provided further, That the Secretary shall
submit a staffing plan for the Department by March 15, 2003.
WORKING CAPITAL FUND
For additional capital for the Working Capitol Fund (42
U.S.C. 3535) for the development of, modifications to, and
infrastructure for Department-wide information technology
systems, and for the continuing operation of both Department-
wide and program-specific information systems, $276,300,000, to
remain available until September 30, 2004: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That none of the
funds made available to the Department in this Act, or any
other Act, may be used to award a new contract for the HUD
Information Technology Services (HITS) project until 90 days
after the Department has submitted to the Committees on
Appropriations of the House of Representatives and the Senate a
comprehensive five-year information technology plan in
accordance with the direction included in the report
accompanying this Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$97,499,000, of which $23,343,000 shall be provided from the
various funds of the Federal Housing Administration: Provided,
That the Inspector General shall have independent authority
over all personnel issues within this office: Provided further,
That no less than $300,000 shall be transferred to the Working
Capital Fund for the development of and modifications to
information technology systems for the Office of Inspector
General.
CONSOLIDATED FEE FUND
(RESCISSION)
Of the balances remaining available from fees and charges
under section 7(j) of the Department of Housing and Urban
Development Act on October 1, 2002, $8,000,000 are rescinded.
Office of Federal Housing Enterprise Oversight
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed $500
for official reception and representation expenses,
$30,000,000, to remain available until expended, to be derived
from the Federal Housing Enterprises Oversight Fund: Provided,
That not to exceed such amount shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to theFund: Provided further, That the general fund
amount shall be reduced as collections are received during the fiscal
year so as to result in a final appropriation from the general fund
estimated at not more than $0.
Administrative Provisions
Sec. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437
note) shall be rescinded, or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or
local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development for
which settlement occurred after January 1, 1992, in accordance
with such section. Notwithstanding the previous sentence, the
Secretary may award up to 15 percent of the budget authority or
cash recaptured and not rescinded or remitted to the Treasury
to provide project owners with incentives to refinance their
project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act
may be used during fiscal year 2003 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity
engaged in by one or more persons, including the filing or
maintaining of a non-frivolous legal action, that is engaged in
solely for the purpose of achieving or preventing action by a
Government official or entity, or a court of competent
jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2003 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a grant,
in the amount determined under subsection (b), for any State
that--
(1) received an allocation in a prior fiscal year
under clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for
fiscal year 2003 under such clause (ii) because the
areas in the State outside of the metropolitan
statistical areas that qualify under clause (i) in
fiscal year 2003 do not have the number of cases of
acquired immunodeficiency syndrome (AIDS) required
under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State that
are outside of metropolitan statistical areas that qualify
under clause (i) of such section 854(c)(1)(A) in fiscal year
2003, in proportion to AIDS cases among cities and States that
qualify under clauses (i) and (ii) of such section and States
deemed eligible under subsection (a).
Sec. 204. (a) Section 225(a) of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2000, Public Law 106-74 (113 Stat.
1076), is amended by striking ``year 2000, and the amounts that
would otherwise be allocated for fiscal year 2001 and fiscal
year 2002'', and inserting ``years 2000, 2001, 2002, and
2003''.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2003 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City
of Raleigh, North Carolina, on behalf of the Raleigh-Durham-
Chapel Hill, North Carolina Metropolitan Statistical Area. Any
amounts allocated to Wake County shall be used to carry out
eligible activities under section 855 of such Act (42 U.S.C.
12904) within such metropolitan statistical area.
Sec. 205. (a) During fiscal year 2003, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living facilities
that is carried out in the counties of the State of Michigan
specified in subsection (b) of this section, notwithstanding
paragraphs (3) and (18)(B)(iii) of such section 8(o), a family
residing in an assisted living facility in any such county, on
behalf of which a public housing agency provides assistance
pursuant to section 8(o)(18) of such Act, may be required, at
the time the family initially receives such assistance, to pay
rent in an amount exceeding 40 percent of the monthly adjusted
income of the family by such a percentage or amount as the
Secretary of Housing and Urban Development determines to be
appropriate.
(b) The counties specified in this subsection are Oakland
County, Macomb County, Wayne County, and Washtenaw County, in
the State of Michigan.
Sec. 206. Except as explicitly provided in law, any grant
or assistance made pursuant to title II of this Act shall be
made on a competitive basis in accordance with section 102 of
the Department of Housing and Urban Development Reform Act of
1989.
Sec. 207. Notwithstanding any other provision of law, no
funds in this Act or in any other Act in any fiscal year,
including all future and prior fiscal years, may be used
hereafter by the Secretary of Housing and Urban Development to
provide any assistance or other funds for housing units defined
in section 9(n) of the United States Housing Act of 1937 (as in
effect immediately before the enactment of this Act) as
``covered locally developed public housing units''. The States
of New York and Massachusetts shall reimburse any funds already
made available under any appropriations Act for these units to
the Secretary of Housing and Urban Development for reallocation
to public housing agencies: Provided, That, if either State
fails to make such reimbursement within 12 months, the
Secretary shall recapture such funds through reductions from
the amounts allocated to each State under section 106 of the
Housing and Community Development Act of 1974.
Sec. 208. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of the
Federal National MortgageAssociation, Government National
Mortgage Association, Federal Home Loan Mortgage Corporation, Federal
Financing Bank, Federal Reserve banks or any member thereof, Federal
Home Loan banks, and any insured bank within the meaning of the Federal
Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831).
Sec. 209. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any appropriation
for the Department of Housing and Urban Development shall be
available for any program, project or activity in excess of
amounts set forth in the budget estimates submitted to
Congress.
Sec. 210. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, as amended, are hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the budget
for 2003 for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations and
agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations Acts),
except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or
where loans or mortgage purchases are necessary to protect the
financial interest of the United States Government.
Sec. 211. None of the funds provided in this title for
technical assistance, training, or management improvements may
be obligated or expended unless HUD provides to the Committees
on Appropriations a description of each proposed activity and a
detailed budget estimate of the costs associated with each
program, project or activity as part of the Budget
Justifications. For fiscal year 2003, HUD shall transmit this
information to the Committees by March 15, 2003 for 30 days of
review.
Sec. 212. (a) Section 9(n)(1) of the United States Housing
Act of 1937 is hereby repealed.
(b) Section 226 of the Departments of Veterans Affairs and
Housing and Urban development, and Independent Agencies
Appropriations Act, 1999, is hereby repealed.
(c) The amendment made by subsection (a) shall be deemed to
have taken effect on October 1, 1998.
(d) The amendment made by subsection (b) shall be deemed to
have taken effect on October 21, 1998.
Sec. 213. Notwithstanding any other provision of law, in
fiscal year 2003, in managing and disposing of any multifamily
property that is owned or held by the Secretary and is occupied
primarily by elderly or disabled families, the Secretary of
Housing and Urban Development shall maintain any rental
assistance payments under section 8 of the United States
Housing Act of 1937 that are attached to any dwelling units in
the property. To the extent the Secretary determines that such
a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such
section 8, the Secretary may, in consultation with the tenants
of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing
properties or provide other rental assistance.
Sec. 214. A public housing agency or such other entity that
administers Federal housing assistance in the states of Alaska,
Iowa, and Mississippi shall not be required to include a
resident of public housing or a recipient of assistance
provided under section 8 of the United States Housing Act of
1937 on the board of directors or a similar governing board of
such agency or entity as required under section (2)(b) of such
Act. Each public housing agency or other entity that
administers Federal housing assistance under section 8 in the
states of Alaska, Iowa and Mississippi shall establish an
advisory board of not less than 6 residents of public housing
or recipients of section 8 assistance to provide advice and
comment to the public housing agency or other administering
entity on issues related to public housing and section 8. Such
advisory board shall meet not less than quarterly.
Sec. 215. (a) Section 24(m)(1) of the United States Housing
Act of 1937 (42 U.S.C. 1437v(m)(1)) is amended by striking
``$600,000,000'' and all that follows through ``2002'' and
inserting the following: ``$574,000,000 for fiscal year 2003''.
(b) Section 24(n) of the United States Housing Act of 1937
(42 U.S.C. 1437v(n)) is amended by striking ``September 30,
2002'' and inserting ``September 30, 2004''.
Sec. 216. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, and excess funds in each program and activity
within the jurisdiction of the Department and shall submit
additional, updated budget information to these committees upon
request.
Sec. 217. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2003 and
annually thereafter to the House and Senate Committees on
Appropriations regarding the number of Federally assisted units
under lease and the per unit cost of these units to the
Department of Housing and Urban Development.
Sec. 218. Notwithstanding the requirements regarding first-
time homebuyers in section 104 of the National Affordable
Housing Act of 1990 (42 U.S.C. 12704), the Enterprise Housing
Corporation of Maryland may use the remaining balance of the
grant award, H3-95MD0005-I-N, within the East Baltimore
Community of the City of Baltimore, Maryland.
Sec. 219. In applying the across-the-board rescission
under section 601 of division N to amounts made available under
the heading ``Housing certificate fund'', the Secretary shall
have discretion in applying such rescission among the programs,
projects, or activities within the account notwithstanding
section 601(b).
TITLE III--INDEPENDENT AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and
monuments outside of the United States and its territories and
possessions; rent of office and garage space in foreign
countries; purchase (one for replacement only) and hire of
passenger motor vehicles; and insurance of official motor
vehicles in foreign countries, when required by law of such
countries, $35,246,000, to remain available until expended.
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefore, as authorized by 5 U.S.C. Sec. 5901-5902, and for
services authorized by 5 U.S.C. Sec. 3109 but at rates for
individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5 U.S.C.
Sec. 5376, $7,850,000, of which $1,400,000 shall be derived
from unobligated balances: Provided, That of the amounts
appropriated, $500,000 is available until September 30, 2004:
Provided further, That the Chemical Safety and Hazard
Investigation Board shall have not more than three career
Senior Executive Service positions.
Department of the Treasury
Community Development Financial Institutions
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM ACCOUNT
To carry out the Community Development Banking and
Financial Institutions Act of 1994, including services
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for ES-3,
$75,000,000, to remain available until September 30, 2004, of
which $5,000,000 shall be for financial assistance, technical
assistance, training and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaskan Native
communities and provided primarily through qualified community
development lender organizations with experience and expertise
in community development banking and lending in Indian country,
Native American organizations, tribes and tribal organizations
and other suitable providers, and up to $10,750,000 may be used
for administrative expenses, including administration of the
New Markets Tax Credit, up to $6,000,000 may be used for the
cost of direct loans, and up to $250,000 may be used for
administrative expenses to carry out the direct loan program:
Provided, That the cost of direct loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed
$11,000,000.
Consumer Product Safety Commission
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $500 for official
reception and representation expenses, $57,000,000.
Corporation for National and Community Service
NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out
programs, activities, and initiatives under the National and
Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 et
seq.), $429,000,000, to remain available until September 30,
2004: Provided, That the Corporation shall enroll no more than
50,000 AmeriCorps members in the National Service Trust:
Provided further, That not morethan $32,500,000 shall be
available for administrative expenses authorized under section
501(a)(4): Provided further, That not more than $2,500 shall be for
official reception and representation expenses: Provided further, That
not more than $275,000,000 of the amount provided under this heading
shall be available for grants under the National Service Trust program
authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et
seq.) (relating to activities including the AmeriCorps program), of
which $100,000,000, to remain available without fiscal year limitation,
shall be transferred to the National Service Trust for educational
awards authorized under subtitle D of title I of the Act (42 U.S.C.
12601), and of which up to $5,000,000 shall be available to support
national service scholarships for high school students performing
community service: Provided further, That of the amount provided under
this heading for grants under the National Service Trust program
authorized under subtitle C of title I of the Act, not more than
$50,000,000 may be used to administer, reimburse, or support any
national service program authorized under section 121(d)(2) of such Act
(42 U.S.C. 12581(d)(2)): Provided further, That to the maximum extent
feasible, funds appropriated under subtitle C of title I of the Act
shall be provided in a manner that is consistent with the
recommendations of peer review panels in order to ensure that priority
is given to programs that demonstrate quality, innovation,
replicability, and sustainability: Provided further, That not more than
$10,000,000 of the funds made available under this heading shall be
made available for the Points of Light Foundation for activities
authorized under title III of the Act (42 U.S.C. 12661 et seq.), of
which not more than $2,500,000 may be used to support an endowment
fund, the corpus of which shall remain intact and the interest income
from which shall be used to support activities described in title III
of the Act, provided that the Foundation may invest the corpus and
income in federally insured bank savings accounts or comparable
interest bearing accounts, certificates of deposit, money market funds,
mutual funds, obligations of the United States, and other market
instruments and securities but not in real estate investments: Provided
further, That no funds shall be available for national service programs
run by Federal agencies authorized under section 121(b) of such Act (42
U.S.C. 12571(b)): Provided further, That to the maximum extent
practicable, the Corporation shall increase significantly the level of
matching funds and in-kind contributions provided by the private
sector, and shall reduce the total Federal costs per participant in all
programs: Provided further, That not more than $25,000,000 of the funds
made available under this heading shall be available for the Civilian
Community Corps authorized under subtitle E of title I of the Act (42
U.S.C. 12611 et seq.): Provided further, That not more than $43,000,000
shall be available for school-based and community-based service-
learning programs authorized under subtitle B of title I of the Act (42
U.S.C. 12521 et seq.): Provided further, That not more than $35,500,000
shall be available for quality and innovation activities authorized
under subtitle H of title I of the Act (42 U.S.C. 12853 et seq.), of
which $6,000,000 shall be available for challenge grants to non-profit
organizations: Provided further, That not more than $5,000,000 of the
funds made available under this heading shall be made available to
America's Promise--The Alliance for Youth, Inc.: Provided further, That
not more than $3,000,000 shall be available for audits and other
evaluations authorized under section 179 of the Act (42 U.S.C. 12639):
Provided further, That of the unobligated balances remaining from funds
appropriated under this heading during fiscal year 2002 and prior
years, $48,000,000 are rescinded.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$6,000,000, to remain available until September 30, 2004.
ADMINISTRATIVE PROVISIONS
Notwithstanding any other provision of law, the term
``qualified student loan'' with respect to national service
education awards shall mean any loan determined by an
institution of higher education to be necessary to cover a
student's cost of attendance at such institution and made,
insured, or guaranteed directly to a student by a State agency,
in addition to other meanings under section 148(b)(7) of the
National and Community Service Act.
Notwithstanding any other provision of law, funds made
available under section 129(d)(5)(B) of the National and
Community Service Act to assist entities in placing applicants
who are individuals with disabilities may be provided to any
entity that receives a grant under section 121 of the Act.
U.S. Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by 38
U.S.C. 7251-7298, $14,326,000 of which $1,045,000 shall be
available for the purpose of providing financial assistance as
described, and in accordance with the process and reporting
procedures set forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of two passenger motor vehicles for
replacement only, and not to exceed $1,000 for official
reception and representation expenses, $32,445,000, to remain
available until expended.
Department of Health and Human Services
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended,
and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $84,074,000.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i), 111(c)(4), and 111(c)(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended; section 118(f) of
the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended; and section 3019 of the Solid Waste
Disposal Act, as amended, $82,800,000, to be derived from the
Hazardous Substance Superfund Trust Fund pursuant to section
517(a) of SARA (26 U.S.C. 9507): Provided, That notwithstanding
any other provision of law, in lieu of performing a health
assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies,
evaluations, or activities, including, without limitation,
biomedical testing, clinical evaluations, medical monitoring,
and referral to accredited health care providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles pursuant
to section 104(i) of CERCLA during fiscal year 2003, and
existing profiles may be updated as necessary.
Environmental Protection Agency
SCIENCE AND TECHNOLOGY
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended;
necessary expenses for personnel andrelated costs and travel
expenses, including uniforms, or allowances therefor, as authorized by
5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate equivalent to the
maximum rate payable for senior level positions under 5 U.S.C. 5376;
procurement of laboratory equipment and supplies; other operating
expenses in support of research and development; construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $75,000 per project, $720,261,000, which shall remain
available until September 30, 2004: Provided, That the Office of
Research and Development of the Environmental Protection Agency may
hereafter contract directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
for the temporary or intermittent personal services of students or
recent graduates, who shall be considered employees for the purposes of
chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses, including uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable for senior level positions under 5 U.S.C.
5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members; construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project; and not to
exceed $19,000 for official reception and representation
expenses, $2,111,604,000, which shall remain available until
September 30, 2004, including administrative costs of the
brownfields program under the Small Business Liability Relief
and Brownfields Revitalization Act of 2002: Provided, That
notwithstanding any other provision of law, the Administrator
of the Environmental Protection Agency shall certify grant
amendments for grant numbers C-340461-02 and C-340461-03.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed
$75,000 per project, $36,000,000, to remain available until
September 30, 2004.
BUILDINGS AND FACILITIES
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$42,918,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5),
(c)(6), and (e)(4) (42 U.S.C. 9611), and for construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project; $1,272,888,000,
to remain available until expended, consisting of $636,444,000,
as authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended by Public Law
101-508, and $636,444,000 as a payment from general revenues to
the Hazardous Substance Superfund for purposes as authorized by
section 517(b) of SARA, as amended: Provided, That funds
appropriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of CERCLA:
Provided further, That of the funds appropriated under this
heading, $12,742,000 shall be transferred to the ``Office of
Inspector General'' appropriation to remain available until
September 30, 2004, and $86,168,000 shall be transferred to the
``Science and technology'' appropriation to remain available
until September 30, 2004.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by section 205 of
the Superfund Amendments and Reauthorization Act of 1986, and
for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$72,313,000, to remain available until expended.
OIL SPILL RESPONSE
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $15,581,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
STATE AND TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,859,994,000, to remain
available until expended, of which $1,350,000,000 shall be for
making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pollution
Control Act, as amended (the ``Act''), of which up to
$75,000,000 shall be available for loans, including interest
free loans as authorized by 33 U.S.C. 1383(d)(1)(A), to
municipal, inter-municipal, interstate, or State agencies or
nonprofit entities for projects that provide treatment for or
that minimize sewage or stormwater discharges using one or more
approaches which include, but are not limited to, decentralized
or distributed stormwater controls, decentralized wastewater
treatment, low-impact development practices, conservation
easements, stream buffers, or wetlands restoration;
$850,000,000 shall be for capitalization grants for the
Drinking Water State Revolving Funds under section 1452 of the
Safe Drinking Water Act, as amended, except that,
notwithstanding section 1452(n) of the Safe Drinking Water Act,
as amended, none of the funds made available under this heading
in this Act, or in previous appropriations Acts, shall be
reserved by the Administrator for health effects studies on
drinking water contaminants; $50,000,000 shall be for
architectural, engineering, planning, design, construction and
related activities in connection with the construction of high
priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the
appropriate border commission; $43,000,000 shall be for
grantsto the State of Alaska to address drinking water and wastewater
infrastructure needs of rural and Alaska Native Villages; $3,000,000
shall be for remediation of above ground leaking fuel tanks pursuant to
Public Law 106-554; $314,887,000 shall be for making grants for the
construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance with the
terms and conditions specified for such grants in the joint explanatory
statement of the managers accompanying this Act; $8,225,000 for grants
for construction of alternative decentralized wastewater facilities
under the National Decentralized Wastewater Demonstration program, in
accordance with the terms and conditions specified in the joint
explanatory statement of the managers accompanying this Act;
$90,500,000 shall be to carry out section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including grants, interagency agreements, and
associated program support costs; and $1,150,382,000 shall be for
grants, including associated program support costs, to States,
federally recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single media
pollution prevention, control and abatement and related activities,
including activities pursuant to the provisions set forth under this
heading in Public Law 104-134, and for making grants under section 103
of the Clean Air Act for particulate matter monitoring and data
collection activities subject to terms and conditions specified by the
Administrator, of which $50,000,000 shall be for carrying out section
128 of CERCLA, as amended, and $19,999,900 shall be for Environmental
Information Exchange Network grants, including associated program
support costs: Provided, That for fiscal year 2003, State authority
under section 302(a) of Public Law 104-182 shall remain in effect:
Provided further, That notwithstanding section 603(d)(7) of the Act,
the limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the fund shall
not apply to amounts included as principal in loans made by such fund
in fiscal year 2003 and prior years where such amounts represent costs
of administering the fund to the extent that such amounts are or were
deemed reasonable by the Administrator, accounted for separately from
other assets in the fund, and used for eligible purposes of the fund,
including administration: Provided further, That for fiscal year 2003,
and notwithstanding section 518(f) of the Act, the Administrator is
authorized to use the amounts appropriated for any fiscal year under
section 319 of that Act to make grants to Indian tribes pursuant to
sections 319(h) and 518(e) of that Act: Provided further, That for
fiscal year 2003, notwithstanding the limitation on amounts in section
518(c) of the Act, up to a total of 1\1/2\ percent of the funds
appropriated for State Revolving Funds under title VI of that Act may
be reserved by the Administrator for grants under section 518(c) of
such Act: Provided further, That no funds provided by this legislation
to address the water, wastewater and other critical infrastructure
needs of the colonias in the United States along the United States-
Mexico border shall be made available to a county or municipal
government unless that government has established an enforceable local
ordinance, or other zoning rule, which prevents in that jurisdiction
the development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new
home, business, or other structure which lacks water, wastewater, or
other necessary infrastructure: Provided further, That the referenced
statements of the managers under this heading in Public Laws 105-276,
106-74, and 106-377 are deemed to be amended by striking everything
after ``Creek'' in reference to item numbers 27, 38, and 59,
respectively, and inserting, ``and the Upper Ocmulgee River Watersheds,
Georgia'': Provided further, That the referenced statement of the
managers under this heading in Public Law 107-73 is deemed to be
amended by adding the words ``water and'' before the word
``wastewater'' in reference to item number 205: Provided further, That
the referenced statement of the managers under this heading in Public
Law 106-74 is deemed to be amended by striking everything after
``improvement'' in reference to item number 137 and inserting, ``and
extensions to the Indian Ridge Industrial Park;'': Provided further,
That the referenced statement of the managers under this heading in
Public Law 107-73 is deemed to be amended by striking everything after
``wastewater'' in reference to item number 103 and inserting, ``and
drinking water infrastructure improvements;'': Provided further, That
the referenced statement of the managers under this heading in Public
Law 107-73 is deemed to be amended by striking everything after ``for''
in reference to item number 283 and inserting, ``the Mount Pleasant
Waterworks Commission, South Carolina, for the Snowden Community
Wastewater Collection Project;'': Provided further, That the referenced
statement of the managers under this heading in Public Law 106-377 is
deemed to be amended in reference to item number 216 by inserting
before the period, ``, and, after February 1, 2003, any remaining
unobligated funds to the City of Wendover, Utah for water and
wastewater infrastructure improvements''.
ADMINISTRATIVE PROVISIONS
For fiscal year 2003, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or authorized
by law in the absence of an acceptable tribal program, may
award cooperative agreements to federally-recognized Indian
Tribes or Intertribal consortia, if authorized by their member
Tribes, to assist the Administrator in implementing Federal
environmental programs for Indian Tribes required or authorized
by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
None of the funds appropriated or otherwise made available
by this Act shall be used to promulgate a final regulation to
implement changes in the payment of pesticide tolerance
processing fees as proposed at 64 Fed. Reg. 31040, or any
similar proposals. The Environmental Protection Agency may
proceed with the development of such a rule.
The Environmental Protection Agency may not use any of the
funds appropriated or otherwise made available by this Act to
implement the Registration Fee system codified at 40 Code of
Federal Regulations Subpart U (sections 152.400 et seq.) if its
authority to collect maintenance fees pursuant to FIFRA section
4(i)(5) is extended for at least 1 year beyond September 30,
2002.
Section 136a-1 of title 7, U.S.C. is amended--
(1) in subsection (i)(5)(C)(i) by striking
``$17,000,000 fiscal year 2002'' and inserting
``$21,500,000 for fiscal year 2003'';
(2) in subsection (i)(5)(H) by striking ``2002''
and inserting ``2003'';
(3) in subsection (i)(6) by striking ``2002'' and
inserting ``2003''; and
(4) in subsection (k)(3)(A) by striking ``2002''
and inserting ``2003''.
As soon as practicable after the date of enactment of this
Act, the Administrator of the Environmental Protection Agency
shall enter into a cooperative agreement with the National
Academy of Sciences to evaluate the impact of the final rule
relating to prevention of significant deterioration and
nonattainment new source review, published at 67 Fed. Reg.
80186 (December 31, 2002). The study shall include--
(1) increases or decreases in emissions of
pollutants regulated under the New Source Review
program;
(2) impacts on human health;
(3) pollution control and prevention technologies
installed after the effective date of the rule at
facilities covered under the rulemaking;
(4) increases or decreases in efficiency of
operations, including energy efficiency, at covered
facilities; and
(5) other relevant data.
The National Academy of Sciences shall submit an interim
report to Congress no later than March 3, 2004, and shall
submit a final report on implementation of the rules.
Executive Office of the President
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the National
Science and Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor
vehicles, and services as authorized by 5 U.S.C. 3109, not to
exceed $2,500 for official reception and representation
expenses, and rental of conference rooms in the District of
Columbia, $5,368,000.
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation expenses,
$3,031,000: Provided, That, notwithstanding section 202 of the
National Environmental Policy Act of 1970, the Council shall
consist of one member, appointed by the President, by and with
the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Federal Deposit Insurance Corporation
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $30,848,000, to be derived from the Bank
Insurance Fund, the Savings Association Insurance Fund, and the
FSLIC Resolution Fund.
Federal Emergency Management Agency
DISASTER RELIEF
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $800,000,000, and, notwithstanding 42
U.S.C. 5203, to remain available until expended, of which not
to exceed $2,900,000 may be transferred to ``Emergency
management planning and assistance'' for the consolidated
emergency management performance grant program; and not to
exceed $21,577,000 may be transferred to the Office of
Inspector General for audits and investigations: Provided, That
notwithstanding any other provision of law, for disaster
declaration FEMA-1379-DR and hereafter, the Texas Medical
Center is to be considered for FEMA Public Assistance and
Hazard Mitigation grants as if it were an eligible
applicant:Provided further, That the funds made available under this
heading in Public Law 105-276 for a pilot project of seismic retrofit
technology at California State University, San Bernardino, are reduced
to $3,559,500, the funds made available under this heading in Public
Law 106-74 for a pilot project of seismic retrofit technology at
California State University, San Bernardino, are reduced to $0, and
that the funds made available as a result of this action shall be used
to mitigate fire danger in the area of the San Bernardino National
Forest due to bark beetle infestation.
NATIONAL PRE-DISASTER MITIGATION FUND
For a pre-disaster mitigation grant program pursuant to 42
U.S.C. 5131 et seq., $150,000,000, to remain available until
expended: Provided, That grants shall be awarded on a
competitive basis subject to the criteria in 42 U.S.C. 5133(g):
Provided further, That notwithstanding 42 U.S.C. 5133(f), grant
awards shall be made without reference to State allocations,
quotas, or other formula-based allocations of funds.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For the cost of direct loans, $557,000 as authorized by
section 319 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct
loans not to exceed $25,000,000.
In addition, for administrative expenses to carry out the
direct loan program, $557,000.
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for,
including hire and purchase of motor vehicles as authorized by
31 U.S.C. 1343; uniforms, or allowances therefor, as authorized
by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109,
but at rates for individuals not to exceed the per diem rate
equivalent to the maximum rate payable for senior level
positions under 5 U.S.C. 5376; expenses of attendance of
cooperating officials and individuals at meetings concerned
with the work of emergency preparedness; transportation in
connection with the continuity of Government programs to the
same extent and in the same manner as permitted the Secretary
of a Military Department under 10 U.S.C. 2632; and not to
exceed $2,500 for official reception and representation
expenses, $245,690,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$14,000,000: Provided, That notwithstanding any other provision
of law, the Inspector General of the Federal Emergency
Management Agency shall hereafter also serve as the Inspector
General of the Chemical Safety and Hazard Investigation Board.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For necessary expenses, not otherwise provided for, to
carry out activities under the National Flood Insurance Act of
1968, as amended, and the Flood Disaster Protection Act of
1973, as amended (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of
1977, as amended (42 U.S.C. 7701 et seq.), the Federal Fire
Prevention and Control Act of 1974, as amended (15 U.S.C. 2201
et seq.), the Defense Production Act of 1950, as amended (50
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947, as amended (50 U.S.C. 404-405), and
Reorganization Plan No. 3 of 1978, $388,299.000: Provided, That
of the amount provided under this heading: $25,000,000 shall be
for grants for interoperable communications equipment;
$25,000,000 shall be for grants for emergency operations
centers; $60,000,000 shall be for existing Urban Search and
Rescue Teams; $165,000,000 shall be for emergency management
performance grants; $20,000,000 shall be for Community
Emergency Response Teams.
FIREFIGHTER ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, for
programs as authorized by section 33 of the Federal Fire
Prevention and Control Act of 1974, as amended (15 U.S.C. 2201
et seq.), $750,000,000 to remain available through September
30, 2004: Provided, That up to 5 percent of this amount shall
be transferred to ``Salaries and expenses'' for program
administration.
RADIOLOGICAL EMERGENCY PREPAREDNESS FUND
The aggregate charges assessed during fiscal year 2003, as
authorized by Public Law 106-377, shall not be less than 100
percent of the amounts anticipated by FEMA necessary for its
radiological emergency preparedness program for the next fiscal
year. The methodology for assessment and collection of fees
shall be fair and equitable; and shall reflect costs of
providing such services, including administrative costs of
collecting such fees. Fees received pursuant to this section
shall be deposited in the Fund as offsetting collections and
will become available for authorized purposes on October 1,
2003, and remain available until expended.
CERRO GRANDE FIRE CLAIMS
For an additional amount for ``Cerro Grande Fire Claims'',
up to $90,000,000 shall be made available for claims resulting
from the Cerro Grande fires: Provided, That up to $5,000,000
may be made available for administrative purposes.
EMERGENCY FOOD AND SHELTER PROGRAM
To carry out an emergency food and shelter program pursuant
to title III of Public Law 100-77, as amended, $153,000,000, to
remain available until expended: Provided, That total
administrative costs shall not exceed 3\1/2\ percent of the
total appropriation.
FLOOD MAP MODERNIZATION FUND
For necessary expenses pursuant to section 1360 of the
National Flood Insurance Act of 1968, $150,000,000, and such
additional sums as may be provided by State and local
governments or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2), to remain
available until expended.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
For activities under the National Flood Insurance Act of
1968 (``Act'') and the Flood Disaster Protection Act of 1973,
as amended, not to exceed $32,393,000 for salaries and expenses
associated with flood mitigation and flood insurance
operations, and not to exceed $77,666,000 for flood mitigation,
to remain available until September 30, 2004, including up to
$20,000,000 for expenses under section 1366 of the Act, which
amount shall be available for transfer to the National Flood
Mitigation Fund until September 30, 2004, and which amounts
shall be derived from offsetting collections assessed and
collected pursuant to 42 U.S.C. 4014, and shall be retained and
used for necessary expenses under this heading: Provided, That
beginning in fiscal year 2003 and thereafter, fees authorized
in 42 U.S.C. 4014(a)(1)(B)(iii) shall be collected only if
provided in advance in appropriations acts. In fiscal year
2003, no funds in excess of: (1) $55,000,000 for operating
expenses; (2) $529,380,000 for agents' commissions and taxes;
and (3) $40,000,000 for interest on Treasury borrowings shall
be available from the National Flood Insurance Fund without
prior notice to the Committees on Appropriations.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding sections 1366(b)(3)(B)-(C) and 1366(f) of
the National Flood Insurance Act of 1968, as amended,
$20,000,000, to remain available until September 30, 2004, for
activities designed to reduce the risk of flood damage to
structures pursuant to such Act, of which $20,000,000 shall be
derived from the National Flood Insurance Fund.
ADMINISTRATIVE PROVISIONS
Notwithstanding any other provision of law, funds
appropriated to the Federal Emergency Management Agency (FEMA)
for disaster relief for the terrorist attacks of September 11,
2001, in Public Law 107-117, may be used to provide funds to
the City of New York and the State of New York for costs
associated with such attacks that are unreimbursable under the
Stafford Act, including but not limited to the non-federal
share of relevant programs: Provided, That of the amounts made
available, $90,000,000 shall be available upon enactment of
this Act to administer baseline and follow-up screening and
clinical examinations and long-term health monitoring and
analysis for emergency services personnel and rescue and
recovery personnel, of which not less than $25,000,000 shall be
made available for such services for current and retired
firefighters.
Notwithstanding any other provision of law, including
sections 403 and 407 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (43 U.S.C. 5170b and 42 U.S.C.
5173), the Federal Emergency Management Agency is directed to
provide, from funds appropriated to the Federal Emergency
Management Agency for disaster relief for the terrorist attacks
of September 11, 2001, in Public Law 107-117, up to
$1,000,000,000 to establish a captive insurance company or
other appropriate insurance mechanism for claims arising from
debris removal, which may include claims made by city
employees.
FEMA is hereby directed to recognize that a hospital
building has met the ``immediate occupancy'' requirements of
the Seismic Hazard Mitigation Program for Hospitals (SHMPH) if
such building is approved by California's Office of Statewide
Health Planning and Development (OSHPD) for occupancy until
2030 or beyond under the Alfred E. Alquist Hospital Facilities
Seismic Safety Act of 1983 now in effect.
General Services Administration
FEDERAL CITIZEN INFORMATION CENTER FUND
For necessary expenses of the Federal Citizen Information
Center, including services authorized by 5 U.S.C. 3109,
$11,541,000, to be deposited into the Federal Citizen
Information Center Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be
available for necessary expenses of Federal Citizen Information
Center activities in the aggregate amount of $18,000,000.
Appropriations, revenues, and collections accruing to this Fund
during fiscal year 2003 in excess of $18,000,000 shall remain
in the Fund and shall not be available for expenditure except
as authorized in appropriations Acts.
Interagency Council on the Homeless
OPERATING EXPENSES
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, and the
employment of experts and consultants under section 3109 of
title 5, United States Code) of the Interagency Council on the
Homeless in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended,
$1,500,000.
National Aeronautics and Space Administration
HUMAN SPACE FLIGHT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, in the
conduct and support of human space flight research and
development activities, including research, development,
operations, support and services; maintenance; construction of
facilities including repair, rehabilitation, revitalization and
modification of facilities, construction of new facilities and
additions to existing facilities, facility planning and design,
environmental compliance and restoration, and acquisition or
condemnation of real property, as authorized by law; space
flight, spacecraft control and communications activities
including operations, production, and services; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles;
not to exceed $35,000 for official reception and representation
expenses; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft,
$6,180,900,000, to remain available until September 30, 2004,
of which amounts as determined by the Administrator for
salaries and benefits; training, travel and awards; facility
and related costs; information technology services; science,
engineering, fabricating and testing services; and other
administrative services may be transferred to ``Science,
aeronautics and technology'' in accordance with section 312(b)
of the National Aeronautics and Space Act of 1958, as amended
by Public Law 106-377.
SCIENCE, AERONAUTICS AND TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics and technology
research and development activities, including research,
development, operations, support and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction of
new facilities and additions to existing facilities, facility
planning and design, environmental compliance and restoration,
and acquisition or condemnation of real property, as authorized
by law; space flight, spacecraft control and communications
activities including operations, production, and services;
program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; travel expenses; purchase and hire of passenger
motor vehicles; not to exceed $35,000 for official reception
and representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative
aircraft, $9,207,665,000, to remain available until September
30, 2004, of which amounts as determined by the Administrator
for salaries and benefits; training, travel and awards;
facility and related costs; information technology services;
science, engineering, fabricating and testing services; and
other administrative services may be transferred to ``Human
space flight'' in accordance with section 312(b) of the
National Aeronautics and Space Act of 1958, as amended by
Public Law 106-377.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$25,600,000.
ADMINISTRATIVE PROVISIONS
Notwithstanding any other provision of this Act, the
$3,836,000,000 provided for the Shuttle program shall be exempt
from the across-the-board rescission under section 601 in
division N.
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', or ``Science,
aeronautics and technology'' by this appropriations Act, when
any activity has been initiated by the incurrence of
obligations for construction of facilities as authorized by
law, such amount available for such activity shall remain
available until expended. This provision does not apply to the
amounts appropriated for institutional minor revitalization and
construction of facilities, and institutional facility planning
and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', or ``Science,
aeronautics and technology'' by this appropriations Act, the
amounts appropriated for construction of facilities shall
remain available until September 30, 2005.
Notwithstanding the limitation on the availability of funds
appropriated for ``Office of Inspector General'', amounts made
available by this Act for personnel and related costs and
travel expenses of the National Aeronautics and Space
Administration shall remain available until September 30, 2003
and may be used to enter into contracts for training,
investigations, costs associated with personnel relocation, and
for other services, to be provided during the next fiscal year.
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is
claimed or the offer is withdrawn.
NASA is authorized to proceed with establishment of a Non-
Governmental Organization for International Space Station
research: Provided, That no funds in this Act or any other
appropriations Act may be expended for establishment of a Non-
Governmental Organization that includes engineering and
integration functions identified asPhase 2 in the Report of
NASA's International Space Station Utilization Management Concept
Development Study submitted on January 10, 2003.
There is hereby established in the United States Treasury a
National Aeronautics and Space Administration working capital
fund. Amounts in the fund are available for financing
activities, services, equipment, information, and facilities as
authorized by law to be provided within the Administration; to
other agencies or instrumentalities of the United States; to
any State, Territory, or possession or political subdivision
thereof; to other public or private agencies; or to any person,
firm, association, corporation, or educational institution on a
reimbursable basis. The fund shall also be available for the
purpose of funding capital repairs, renovations,
rehabilitation, sustainment, demolition, or replacement of NASA
real property, on a reimbursable basis within the
Administration. Amounts in the fund are available without
regard to fiscal year limitation. The capital of the fund
consists of amounts appropriated to the fund; the reasonable
value of stocks of supplies, equipment, and other assets and
inventories on order that the Administrator transfers to the
fund, less the related liabilities and unpaid obligations; and
payments received for loss or damage to property of the fund.
The fund shall be reimbursed, in advance, for supplies and
services at rates that will approximate the expenses of
operation, such as the accrual of annual leave, depreciation of
plant, property and equipment, and overhead.
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
During fiscal year 2003, gross obligations of the Central
Liquidity Facility for the principal amount of new direct loans
to member credit unions, as authorized by 12 U.S.C. 1795 et
seq., shall not exceed $1,500,000,000: Provided, That
administrative expenses of the Central Liquidity Facility in
fiscal year 2003 shall not exceed $309,000.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000
shall be available: Provided, That of this amount $700,000,
together with amounts of principal and interest on loans
repaid, is available until expended for loans to community
development credit unions, and $300,000 is available until
September 30, 2004 for technical assistance to low-income and
community development credit unions.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $4,083,000,000, of which not to exceed
$320,000,000 shall remain available until expended for Polar
research and operations support, and for reimbursement to other
Federal agencies for operational and science support and
logistical and other related activities for the United States
Antarctic program; the balance to remain available until
September 30, 2004: Provided, That receipts for scientific
support services and materials furnished by the National
Research Centers and other National Science Foundation
supported research facilities may be credited to this
appropriation: Provided further, That to the extent that the
amount appropriated is less than the total amount authorized to
be appropriated for included program activities, all amounts,
including floors and ceilings, specified in the authorizing Act
for those program activities or their subactivities shall be
reduced proportionally: Provided further, That $85,000,000 of
the funds available under this heading shall be made available
for a comprehensive research initiative on plant genomes for
economically significant crops.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended, including
authorized travel, $149,510,000, to remain available until
expended.
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $909,080,000, to
remain available until September 30, 2004: Provided, That to
the extent that the amount of this appropriation is less than
the total amount authorized to be appropriated for included
program activities, all amounts, including floors and ceilings,
specified in the authorizing Act for those program activities
or their subactivities shall be reduced proportionally.
SALARIES AND EXPENSES
For salaries and expenses necessary in carrying out the
National Science Foundation Act of 1950, as amended (42 U.S.C.
1861-1875); services authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles; not to exceed $9,000 for official
reception and representation expenses; uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; rental of
conference rooms in the District of Columbia; and reimbursement
of the General Services Administration for security guard
services; $190,352,000: Provided, That contracts may be entered
into under ``Salaries and expenses'' in fiscal year 2003 for
maintenance and operation of facilities, and for other
services, to be provided during the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, and the
employment of experts and consultants under section 3109 of
title 5, United States Code) involved in carrying out section 4
of the National Science Foundation Act of 1950 (42 U.S.C. 1863)
and Public Law 86-209 (42 U.S.C. 1880 et seq.), $3,500,000:
Provided, That not more than $9,000 shall be available for
official reception and representation expenses.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as amended,
$9,250,000, to remain available until September 30, 2004.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized
by the Neighborhood Reinvestment Corporation Act (42 U.S.C.
8101-8107), $105,000,000, of which $5,000,000 shall be for a
homeownership program that is used in conjunction with section
8 assistance under the United States Housing Act of 1937, as
amended; and of which $5,000,000 shall be for a multi-family
rental housing program.
Selective Service System
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation expenses;
$26,480,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of
31 U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any person
into the Armed Forces of the United States.
TITLE IV--GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 402. No funds appropriated by this Act may be
expended--
(1) pursuant to a certification of an officer or
employee of the United States unless--
(A) such certification is accompanied by,
or is part of, a voucher or abstract which
describes the payee or payees and the items or
services for which such expenditure is being
made; or
(B) the expenditure of funds pursuant to
such certification, and without such a voucher
or abstract, is specifically authorized by law;
and
(2) unless such expenditure is subject to audit by
the General Accounting Office or is specifically exempt
by law from such audit.
Sec. 403. None of the funds provided in this Act to any
department or agency may be obligated or expended for: (1) the
transportation of any officer or employee of such department or
agency between the domicile and the place of employment of the
officer or employee, with the exception of an officer or
employee authorized such transportation under 31 U.S.C. 1344 or
5 U.S.C. 7905 or (2) to provide a cook, chauffeur, or other
personal servants to any officer or employee of such department
or agency.
Sec. 404. None of the funds provided in this Act may be
used for payment, through grants or contracts, to recipients
that do not share in the cost of conducting research resulting
from proposals not specifically solicited by the Government:
Provided, That the extent of cost sharing by the recipient
shall reflect the mutuality of interest of the grantee or
contractor and the Government in the research.
Sec. 405. None of the funds provided in this Act may be
used, directly or through grants, to pay or to provide
reimbursement for payment of the salary of a consultant
(whether retained by the Federal Government or a grantee) at
more than the daily equivalent of the rate paid for level IV of
the Executive Schedule, unless specifically authorized by law.
Sec. 406. None of the funds provided in this Act may be
used to pay the expenses of, or otherwise compensate, non-
Federal parties intervening in regulatory or adjudicatory
proceedings. Nothing herein affects the authority of the
Consumer Product Safety Commission pursuant to section 7 of the
Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
Sec. 407. Except as otherwise provided under existing law,
or under an existing Executive Order issued pursuant to an
existing law, the obligation or expenditure of any
appropriation under this Act for contracts for any consulting
service shall be limited to contracts which are: (1) a matter
of public record and available for public inspection; and (2)
thereafter included in a publicly available list of all
contracts entered into within 24 months prior to the date on
which the list is made available to the public and of all
contracts on which performance has not been completed by such
date. The list required by the preceding sentence shall be
updated quarterly and shall include a narrative description of
the work to be performed under each such contract.
Sec. 408. Except as otherwise provided by law, no part of
any appropriation contained in this Act shall be obligated or
expended by any executive agency, as referred to in the Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), for
a contract for services unless such executive agency: (1) has
awarded and entered into such contract in full compliance with
such Act and the regulations promulgated thereunder; and (2)
requires any report prepared pursuant to such contract,
including plans, evaluations, studies, analyses and manuals,
and any report prepared by the agency which is substantially
derived from or substantially includes any report prepared
pursuant to such contract, to contain information concerning:
(A) the contract pursuant to which the report was prepared; and
(B) the contractor who prepared the report pursuant to such
contract.
Sec. 409. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in
this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the
Congress.
Sec. 410. None of the funds appropriated in this Act may be
used to implement any cap on reimbursements to grantees for
indirect costs, except as published in Office of Management and
Budget Circular A-21.
Sec. 411. Such sums as may be necessary for fiscal year
2003 pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 412. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment,
the protection of private property rights, or unfunded
mandates.
Sec. 413. Except in the case of entities that are funded
solely with Federal funds or any natural persons that are
funded under this Act, none of the funds in this Act shall be
used for the planning or execution of any program to pay the
expenses of, or otherwise compensate, non-Federal parties to
lobby or litigate in respect to adjudicatory proceedings funded
in this Act. A chief executive officer of any entity receiving
funds under this Act shall certify that none of these funds
have been used to engage in the lobbying of the Federal
Government or in litigation against the United States unless
authorized under existing law.
Sec. 414. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other than
for normal and recognized executive-legislative relationships,
for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication,
radio, television or film presentation designed to support or
defeat legislation pending before the Congress, except in
presentation to the Congress itself.
Sec. 415. All Departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business
practices and public service activities.
Sec. 416. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government that is established after the date
of the enactment of this Act, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 417. Section 404(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c) is
amended by striking ``15 percent'' and inserting ``7.5
percent''.
Sec. 418. The National Aeronautics and Space Act of 1958,
as amended (42 U.S.C. 2451, et seq.), is amended by adding at
the end of title III a new section 315 as follows:
``ENHANCED-USE LEASE OF REAL PROPERTY DEMONSTRATION
``Sec. 315. (a) In General.--Notwithstanding any other
provision of law, the Administrator may enter into a lease
under this section with any person or entity (including another
department or agency of the Federal Government or an entity of
a State or local government) with regard to any real property
under the jurisdiction of the Administrator at no more than two
(2) National Aeronautics and Space Administration (NASA)
centers.
``(b) Consideration.--
``(1) A person or entity entering into a lease
under this section shall provide consideration for the
lease at fair market value as determined by the
Administrator, except that in the case of a lease to
another department or agency of the Federal Government,
that department or agency shall provide consideration
for the lease equal to the full costs to NASA in
connection with the lease.
``(2) Consideration under this subsection may take
one or a combination of the following forms:
``(A) the payment of cash.
``(B) the maintenance, construction,
modification or improvement of facilities on
real property under the jurisdiction of the
Administrator.
``(C) the provision of services to NASA,
including launch services and payload
processing services; or
``(D) use by NASA of facilities on the
property.
``(3)(A) The Administrator may utilize amounts of
cash consideration received under this subsection for a
lease entered into under this section to cover the full
costs to NASA in connection with the lease. These funds
shall remain available until expended.
``(B) Any amounts of cash consideration received
under this subsection that are not utilized in
accordance with subparagraph (A) shall be deposited in
a capital asset account to be established by the
Administrator, shall be available for maintenance,
capital revitalization, and improvements of the real
property assets of the centers selected for this
demonstration program, and shall remain available until
expended.
``(c) Additional Terms and Conditions.--The Administrator
may require such terms and conditions in connection with a
lease under this section as the Administrator considers
appropriate to protect the interests of the United States.
``(d) Relationship to Other Lease Authority.--The authority
under this section to lease property of NASA is in addition to
any other authority to lease property of NASA under law.
``(e) Lease Restrictions.--NASA is not authorized to lease
back property under this section during the term of the out-
lease or enter into other contracts with the lessee respecting
the property.
``(f) Plan and Reporting Requirements.--At least 15 days
prior to the Administrator entering into the first lease under
this section, the Administrator shall submit a plan to the
Congress on NASA's proposed implementation of this
demonstration. The Administrator shall submit an annual report
by January 31st of each year regarding the status of the
demonstration.''.
Sec. 419. Notwithstanding 42 U.S.C. 5196c, amounts provided
in Public Law 107-117 and subsequent appropriations Acts for
the construction of emergency operations centers (or similar
facilities) shall only require a 25 percent non-Federal cost
share.
Sec. 420. None of the funds provided in this Act to any
department or agency shall be obligated or expended to procure
passenger automobiles as defined in 15 U.S.C. 2001 with an EPA
estimated miles per gallon average of less than 22 miles per
gallon.
Sec. 421. Subsection (b) of section 33 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended
by adding at the end the following new paragraph (12):
``(12) Eligible grantee on behalf of alaska native
villages.--The Alaska Village Initiatives, a non-profit
organization incorporated in the State of Alaska, shall
be considered an eligible grantee for purposes of
receiving assistance under this section on behalf of
Alaska Native villages.''.
Sec. 422. The Secretary of the Department of Homeland
Security is authorized to acquire fee title to up to 178.5
acres of undeveloped property on the North and West sides of
Virginia Routes 601 and 605 in Clarke County and Loudoun
County, Virginia, adjacent to a Federal Emergency Management
Agency facility in Clarke County and Loudoun County, Virginia.
Sec. 423. Section 1344(b) of title 31, United States
Code, is amended by striking paragraph (6) and inserting in
lieu thereof the following new paragraph (6):
``(6) the Director of the Central Intelligence
Agency, the Director of the Federal Bureau of
Investigation, the Administrator of the Drug
Enforcement Administration, and the Administrator of
the National Aeronautics and Space Administration;''.
This division may be cited as the ``Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2003''.
DIVISION L--HOMELAND SECURITY ACT OF 2002 AMENDMENTS
Sec. 101. General.--The Homeland Security Act of 2002
(Public Law 107-296) is amended--
(1) in section 308, by striking subsections (a)
through (c)(1) and inserting in lieu thereof the
following:
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall carry out the
responsibilities under section 302(4) through both extramural
and intramural programs.
``(b) Extramural Programs.--
``(1) In general.--The Secretary, acting through
the Under Secretary for Science and Technology, shall
operate extramural research, development,
demonstration, testing, and evaluation programs so as
to--
``(A) ensure that colleges, universities,
private research institutes, and companies (and
consortia thereof) from as many areas of the
United States as practicable participate;
``(B) ensure that the research funded is of
high quality, as determined through merit
review processes developed under section
302(14); and
``(C) distribute funds through grants,
cooperative agreements, and contracts.
``(2) University-based centers for homeland
security.--
``(A) Designation.--The Secretary, acting
through the Under Secretary for Science and
Technology, shall designate a university-based
center or several university-based centers for
homeland security. The purpose of the center or
these centers shall be to establish a
coordinated, university-based system to enhance
the Nation's homeland security.
``(B) Criteria for designation.--Criteria
for the designation of colleges or universities
as a center for homeland security, shall
include, but are not limited to, demonstrated
expertise in--
``(i) The training of first
responders.
``(ii) Responding to incidents
involving weapons of mass destruction
and biological warfare.
``(iii) Emergency and diagnostic
medical services.
``(iv) Chemical, biological,
radiological, and nuclear
countermeasures or detection.
``(v) Animal and plant health and
diagnostics.
``(vi) Food safety.
``(vii) Water and wastewater
operations.
``(viii) Port and waterway
security.
``(ix) Multi-modal transportation.
``(x) Information security and
information engineering.
``(xi) Engineering.
``(xii) Educational outreach and
technical assistance.
``(xiii) Border transportation and
security.
``(xiv) The public policy
implications and public dissemination
of homeland security related research
and development.
``(C) Discretion of secretary.--To the
extent that exercising such discretion is in
the interest of homeland security, and with
respect to the designation of any given
university-based center for homeland security,
the Secretary may except certain criteria as
specified in section 308(b)(2)(B) and consider
additional criteria beyond those specified in
section 308(b)(2)(B). Upon designation of a
university-based center for homeland security,
the Secretary shall that day publish in the
Federal Register the criteria that were
excepted or added in the selection process and
the justification for the set of criteria that
were used for that designation.
``(D) Report to congress.--The Secretary
shall report annually, from the date of
enactment, to Congress concerning the
implementation of this section. That report
shall indicate which center or centers have
been designated and how the designation or
designations enhance homeland security, as well
as report any decisions to revoke or modify
such designations.
``(E) Authorization of appropriations.--
There are authorized to be appropriated such
sums as may be necessary to carry out this
paragraph.
``(c) Intramural Programs.--
``(1) Consultation.--In carrying out the duties
under section 302, the Secretary, acting through the
Under Secretary for Science and Technology, may draw
upon the expertise of any laboratory of the Federal
Government, whether operated by a contractor or the
Government.''; and
(2) in subsection 835(d) by striking all after the
word ``security'' and inserting in lieu thereof a
period.
Sec. 102. Non-Prejudicial Repeal of Sections 1714 Through
1717 of the Homeland Security Act of 2002. (a) Repeal.--In
accordance with subsection (c), sections 1714 through 1717 of
the Homeland Security Act of 2002 (Public Law 107-296) are
repealed.
(b) Application of the Public Health Service Act.--The
Public Health Service Act (42 U.S.C. 201 et seq.) shall be
applied and administered as if the sections repealed by
subsection (a) had never been enacted.
(c) Rule of Construction.--No inference shall be drawn from
the enactment of sections 1714 through 1717 of the Homeland
Security Act of 2002 (Public Law 107-296), or from this repeal,
regarding the law prior to enactment of sections 1714 through
1717 of the Homeland Security Act of 2002 (Public Law 107-296).
Further, no inference shall be drawn that subsection (a) or (b)
affects any change in that prior law, or that Leroy v.
Secretary of Health and Human Services, Office of Special
Master, No. 02-392V (October 11, 2002), was incorrectly
decided.
(d) Sense of the Congress.--It is the sense of the Congress
that--
(1) the Nation's ability to produce and develop new
and effective vaccines faces significant challenges,
and important steps are needed to revitalize our
immunization efforts in order to ensure an adequate
supply of vaccines and to encourage the development of
new vaccines;
(2) these steps include ensuring that patients who
have suffered vaccine-related injuries have the
opportunity to seek fair and timely redress, and that
vaccine manufacturers, manufacturers of components or
ingredients of vaccines, and physicians and other
administrators of vaccines have adequate protections;
(3) prompt action is particularly critical given
that vaccines are a front line of defense against
common childhood and adult diseases, as well as against
current and future biological threats; and
(4) not later than 6 months after the date of
enactment of this Act, the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives should report a bill addressing the
issues described in paragraphs (1) through (3).
Sec. 103. General.--The Homeland Security Act of 2002
(Public Law 107-296) is amended--
(1) in subsection 232(f), by striking the period at
the end of the sentence and inserting: ``: Provided,
That any such transfer or provision of funding shall be
carried out in accordance with section 605 of Public
Law 107-77.'';
(2) in subsection 234(b), by striking the period at
the end of the sentence and inserting: ``: Provided,
That any such transfer shall be carried out in
accordance with section 605 of Public Law 107-77.'';
(3) in subsection 873(b)--
(A) by inserting ``Except as authorized by
section 2601 of title 10, United States Code,
and by section 93 of title 14, United States
Code,'' before the word ``Gifts'' in the second
place it appears; and
(B) by striking the letter ``G'' and
inserting in lieu thereof ``g'' in the word
``Gifts'' in the second place it appears;
(4) in subsection 1511(e)(2), after the word
``development'' and before the period, by inserting:
``, and to any funds provided to the Coast Guard from
the Aquatic Resources Trust Fund of the Highway Trust
Fund for boating safety programs''; and
(5) at the end of the Act, by adding the following
new section:
``Sec. 1714. Notwithstanding any other provision of this
Act, any report, notification, or consultation addressing
directly or indirectly the use of appropriated funds and
stipulated by this Act to be submitted to, or held with, the
Congress or any Congressional committee shall also be submitted
to, or held with, the Committees on Appropriations of the
Senate and the House of Representatives under the same
conditions and with the same restrictions as stipulated by this
Act.''.
Sec. 104. Inspector General of the Department of Homeland
Security. (a) In General.--Section 103(b) of the Homeland
Security Act of 2002 (Public Law 107-296) is amended to read as
follows:
``(b) Inspector General.--There shall be in the Department
an Office of Inspector General and an Inspector General at the
head of such office, as provided in the Inspector General Act
of 1978 (5 App. U.S.C.).''.
(b) Special Provisions Concerning the Inspector General.--
The Inspector General Act of 1978 (5 App. U.S.C.) is amended--
(1) by striking section 8J;
(2) by redesignating section 8I as section 8J; and
(3) by inserting after section 8H the following:
``SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF HOMELAND SECURITY
``Sec. 8I. (a)(1) Notwithstanding the last two sentences of
section 3(a), the Inspector General of the Department of
Homeland Security shall be under the authority, direction, and
control of the Secretary of Homeland Security with respect to
audits or investigations, or the issuance of subpoenas, that
require access to sensitive information concerning--
``(A) intelligence, counterintelligence, or
counterterrorism matters;
``(B) ongoing criminal investigations or
proceedings;
``(C) undercover operations;
``(D) the identity of confidential sources,
including protected witnesses;
``(E) other matters the disclosure of which would,
in the Secretary's judgment, constitute a serious
threat to the protection of any person or property
authorized protection by section 3056 of title 18,
United States Code, section 202 of title 3 of such
Code, or any provision of the Presidential Protection
Assistance Act of 1976 (18 U.S.C. 3056 note); or
``(F) other matters the disclosure of which would
constitute a serious threat to national security.
``(2) With respect to the information described in
paragraph (1), the Secretary of Homeland Security may prohibit
the Inspector General of the Department of Homeland Security
from carrying out or completing any audit or investigation, or
from issuing any subpoena, after such Inspector General has
decided to initiate, carry out, or complete such audit or
investigation or to issue such subpoena, if the Secretary
determines that such prohibition is necessary to prevent the
disclosure of any information described in paragraph (1), to
preserve the national security, or to prevent a significant
impairment to the interests of the United States.
``(3) If the Secretary of Homeland Security exercises any
power under paragraph (1) or (2), the Secretary shall notify
the Inspector General of the Department of Homeland Security in
writing within seven days stating the reasons for such
exercise. Within 30 days after receipt of anysuch notice, the
Inspector General shall transmit to the President of the Senate, the
Speaker of the House of Representatives, and appropriate committees and
subcommittees of Congress the following:
``(A) A copy of such notice.
``(B) A written response to such notice that
includes a statement regarding whether the Inspector
General agrees or disagrees with such exercise, and the
reasons for any disagreement.
``(b) The exercise of authority by the Secretary described
in paragraph (2) should not be construed as limiting the right
of Congress or any committee of Congress to access any
information it seeks.
``(c) Subject to the conditions established in subsections
(a) and (b) above, in carrying out the duties and
responsibilities specified in this Act, the Inspector General
of the Department of Homeland Security may initiate, conduct,
and supervise such audits and investigations in the Department
of Homeland Security as the Inspector General considers
appropriate.
``(d) Any report required to be transmitted by the
Secretary of Homeland Security to the appropriate committees or
subcommittees of Congress under section 5(d) shall be
transmitted, within the seven-day period specified under such
section, to the President of the Senate, the Speaker of the
House of Representatives, and appropriate committees and
subcommittees of Congress.
``(e) Notwithstanding any other provision of law, in
carrying out the duties and responsibilities specified in this
Act, the Inspector General of the Department of Homeland
Security shall have oversight responsibility for the internal
investigations performed by the Office of Internal Affairs of
the United States Customs Service, the Office of Inspections of
the United States Secret Service, the Bureau of Border
Security, and the Bureau of Citizenship and Immigration
Services. The head of each such office or bureau shall promptly
report to the Inspector General the significant activities
being carried out by such office or bureau.''.
(c) Conforming Amendments.--
(1) Section 811 of the Homeland Security Act of
2002 (Public Law 107-296) is repealed.
(2) Section 8D of the Inspector General Act of 1978
(5 U.S.C. App.) is amended--
(A) in subsection (b)(1)--
(i) in the first sentence, by
striking ``, the Office of Internal
Affairs of the United States Customs
Service, and the Office of Inspections
of the United States Secret Service,'';
and
(ii) in the second sentence, by
striking ``each'';
(B) in subsection (c), by striking
``bureaus and services'' and inserting
``bureau''; and
(C) in subsection (d)--
(i) by striking ``a bureau or
service'' and inserting ``the bureau'';
and
(ii) by striking ``or service''
after ``such bureau''.
Sec. 105. Executive Office for Immigration Review. (a) The
Homeland Security Act of 2002 (Public Law 107-296) is amended--
(1) in subsection 1102(2), by inserting new
paragraphs (A) and (B) as follows, and by redesignating
current paragraphs (A) and (B) as paragraphs ``(C)''
and ``(D)'' respectively--
``(A) by striking `Attorney General' in the
title and inserting in lieu thereof `Secretary
of Homeland Security';
``(B) by striking `The Attorney General' in
subsection (a)(1) and inserting in lieu thereof
`The Secretary of Homeland Security';'' and
(2) by adding, at the end of title XI, subtitle A,
a new section as follows--
``SEC. 1104. EFFECTIVE DATE.
``The provisions of this subtitle shall take effect on the
date of the transfer of functions from the Commissioner of
Immigration and Naturalization to officials of the Department
of Homeland Security.''.
Sec. 106. Savings Provision of Certain Transfers Made
Under the Homeland Security Act of 2002. The transfer of
functions under subtitle B of title XI of the Homeland Security
Act of 2002 (Public Law 107-296) shall not affect any pending
or completed administrative actions, including orders,
determinations, rules, regulations, personnel actions, permits,
agreements, grants, contracts, certificates, licenses, or
registrations, in effect on the date immediately prior to the
date of such transfer, or any proceeding, unless and until
amended, modified, superseded, terminated, set aside, or
revoked. Pending civil actions shall not be affected by such
transfer of functions.
Sec. 107. Restoration of Provision Regarding Fees to Cover
the Full Costs of All Adjudication Services. The Homeland
Security Act of 2002 (Public Law 107-296) is amended by
striking section 457, including the amendment made by such
section: Provided, That no court shall have jurisdiction over
any cause or claim arising under the provisions of section 457
of the Homeland Security Act of 2002 (Public Law 107-296), this
section, or any regulations promulgated thereunder.
This division may be cited as the ``Homeland Security Act
Amendments of 2003''.
DIVISION M--OTHER MATTERS
DEFENSE RELATED TECHNICAL CORRECTIONS
Sec. 101. Section 8126 of Public Law 107-248 is amended to
read as follows: ``Of the amounts appropriated in Public Law
107-206, under the heading `Defense Emergency Response Fund',
$4,500,000 may be made available to settle the disputed takings
of property adjacent to the Army Tooele Depot, Utah: Provided,
That none of these funds may be used to acquire fee title to
the properties.''.
Sec. 102. Of the amounts appropriated in Public Law 107-
248, under the heading ``Operation and Maintenance, Navy'',
$20,000,000 shall be available for use only in the disposal of
obsolete vessels in the Maritime Administration National
Defense Reserve Fleet. Further, the Secretary of the Navy and
the Secretary of Transportation shall report to the
congressional defense committees no later than March 1, 2003,
regarding the total number of obsolete vessels in the Maritime
Administration National Defense Reserve Fleet designated for
disposal, the comparative condition of the vessels, the method
of disposal, and the projected costs for disposal of each
vessel.
Sec. 103. Section 124 of Public Law 107-249 is amended by
adding at the end before the period the following new proviso:
``: Provided, That not more than $1,000,000 may be used to
provide connectivity between the various North Atlantic Treaty
Organization headquarters and the capitals of the New
Independent States of the former Soviet Union''.
Sec. 104. In Public Law 107-249, the total amount
appropriated under the heading ``Military Construction, Air
Force'' is reduced by $18,600,000, and the total amount
appropriated under the heading ``Military Construction, Air
Force Reserve'' is increased by $18,600,000.
Sec. 105. (a) Of the funds appropriated in Public Law 107-
249 for ``Military Construction, Air Force'', $15,000,000 for
land acquisition at Nellis Air Force Base, Nevada, may be
transferred by the Secretary of the Air Force to the United
States Fish and Wildlife Service to fulfill the obligations of
the Air Force under section 3011(b)(5)(F) of the Military Lands
Withdrawal Act of 1999. Upon receipt by the Service of the
funds transferred in this paragraph, the obligations of the
Department of the Air Force shall be considered fulfilled.
(b) The United States Fish and Wildlife Service may grant
funds received by the Service under subsection (a) in a lump
sum to the National Fish and Wildlife Foundation for use in
accomplishing the purposes of section 3011(b)(5)(F) of the
Military Lands Withdrawal Act of 1999. Funds received by the
Foundation under the previous paragraph shall be subject to the
provisions of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701 et seq.), other than section
10(a) of that Act (16 U.S.C. 3709(a)).
Sec. 106. Section 8040 of Public Law 107-248 is amended by
striking ``$100,000'' and inserting ``$250,000'': Provided,
That notwithstanding any other provision of law, the Office of
Economic Adjustment (OEA) is authorized to make grants using
funds made available under the heading ``Operation and
Maintenance, Defense-Wide'' in accordance with the guidance
provided in the Joint Explanatory Statement of the Committee of
Conference for the Conference Report to accompany H.R. 5010
(House Report 107-732) and these projects shall hereafter be
considered to be authorized by law.
(TRANSFER OF FUNDS)
Sec. 107. Upon enactment of this Act, the Secretary of
Defense shall make the following transfers of funds: Provided,
That the amounts transferred shall be made available for the
same purpose as the appropriations to which transferred, and
for the same time period as the appropriation from which
transferred: Provided further, That the amounts shall be
transferred between the following appropriations in the amount
specified:
To:
Under the heading, ``Procurement, Defense-
Wide, 2003/2005'', $48,900,000; and
``Procurement, Defense-Wide, 2002/2004'',
$55,100,000;
From:
Under the heading, ``Defense Emergency
Response Fund, 2002'', $40,000,000;
``Procurement of Weapons and Tracked Combat
Vehicles, Army, 2003/2005'', $5,000,000;
``Procurement of Ammunition, Army, 2002/
2004'', $10,100,000;
``Other Procurement, Air Force, 2003/
2005'', $7,000,000;
``Research, Development, Test and
Evaluation, Army, 2002/2003'', $5,000,000; and
``Research, Development, Test and
Evaluation, Defense-Wide, 2003/2004'',
$36,900,000.
Sec. 108. Notwithstanding any other provision of law, from
funds made available to the Department of Defense under the
heading ``Operation and Maintenance, Defense-Wide'' in the
Department of Defense Appropriations Act, 2003 (Public Law 107-
248), the Secretary of Defense shall award a grant in the
amount of $2,000,000 to the Commonwealth of Pennsylvania for
Quecreek Mine disaster rescue and recovery efforts and a grant
in the amount of $600,000 to the City of Philadelphia for
safety and security lighting of the Platt Bridge.
(INCLUDING TRANSFER OF FUNDS)
Sec. 109. In addition to amounts appropriated in Public Law
107-248, there are hereby appropriated the following amounts
for the following accounts: Provided, That funds included in
this provision may be transferred to and merged with
appropriations previously made available to the Department of
Defense for the same time period and for the same purposes as
required to carry out the intent of Congress as expressed in
the Classified Annex accompanying the Statement of the
Managers:
``Military Personnel, Army'', $771,200,000;
``Military Personnel, Navy'', $213,800,000;
``Military Personnel, Marine Corps'', $68,600,000;
``Military Personnel, Air Force'', $563,400,000;
``Operation and Maintenance, Army'',
$1,340,347,000;
``Operation and Maintenance, Navy'', $435,813,000;
``Operation and Maintenance, Marine Corps'',
$202,100,000;
``Operation and Maintenance, Air Force'',
$1,766,958,000;
``Operation and Maintenance, Defense-Wide'',
$1,377,313,000;
``Missile Procurement, Air Force'', $115,000,000;
``Other Procurement, Air Force'', $2,271,657,000;
``Procurement, Defense-Wide'', $33,448,000;
``Research, Development, Test and Evaluation,
Navy'', $2,000,000;
``Research, Development, Test and Evaluation, Air
Force'', $311,980,000;
``Research, Development, Test and Evaluation,
Defense-Wide'', $416,284,000;
``Defense Health Program'', $95,100,000; and
``Intelligence Community Management Account'',
$15,000,000, of which $5,000,000 shall be transferred
to the Department of Justice for the National Drug
Intelligence Center.
Sec. 110. Funds appropriated by this Act or by Public Law
107-248, or made available by the transfer of funds in this Act
or in Public Law 107-248, for intelligence activities are
deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414).
Sec. 111. (a) Limitation on Use of Funds for Research and
Development on Total Information Awareness Program.--
Notwithstanding any other provision of law, commencing 90 days
after the date of the enactment of this Act, no funds
appropriated or otherwise made available to the Department of
Defense, whether to an element of the Defense Advanced Research
Projects Agency or any other element, or to any other
department, agency, or element of the Federal Government, may
be obligated or expended on research and development on the
Total Information Awareness program unless--
(1) the report described in subsection (b) is
submitted to Congress not later than 90 days after the
date of the enactment of this Act; or
(2) the President certifies to Congress in writing,
that--
(A) the submittal of the report to Congress
within 90 days after the date of the enactment
of this Act is not practicable; and
(B) the cessation of research and
development on the Total Information Awareness
program would endanger the national security of
the United States.
(b) Report.--The report described in this subsection is a
report, in writing, of the Secretary of Defense, the Attorney
General, and the Director of Central Intelligence, acting
jointly, that--
(1) contains--
(A) a detailed explanation of the actual
and intended use of funds for each project and
activity of the Total Information Awareness
program, including an expenditure plan for the
use of such funds;
(B) the schedule for proposed research and
development on each project and activity of the
Total Information Awareness program; and
(C) target dates for the deployment of each
project and activity of the Total Information
Awareness program;
(2) assesses the likely efficacy of systems such as
the Total Information Awareness program in providing
practically valuable predictive assessments of the
plans, intentions, or capabilities of terrorists or
terrorist groups;
(3) assesses the likely impact of the
implementation of a system such as the Total
Information Awareness program on privacy and civil
liberties;
(4) sets forth a list of the laws and regulations
that govern the information to be collected by the
Total Information Awareness program, and a description
of any modifications of such laws that will be required
to use the information in the manner proposed under
such program; and
(5) includes recommendations, endorsed by the
Attorney General, for practices, procedures,
regulations, or legislation on the deployment,
implementation, or use of the Total Information
Awareness program to eliminate or minimize adverse
effects of such program on privacy and other civil
liberties.
(c) Limitation on Deployment of Total Information Awareness
Program.--(1) Notwithstanding any other provision of law and
except as provided in paragraph (2), if and when research and
development on the Total Information Awareness program, or any
component of such program, permits the deployment or
implementation of such program or component, no department,
agency, or element of the Federal Government may deploy or
implement such program or component, or transfer such program
or component to another department, agency, or element of the
Federal Government, until the Secretary of Defense--
(A) notifies Congress of that development,
including a specific and detailed description of--
(i) each element of such program or
component intended to be deployed or
implemented; and
(ii) the method and scope of the intended
deployment or implementation of such program or
component (including the data or information to
be accessed or used); and
(B) has received specific authorization by law from
Congress for the deployment or implementation of such
program or component, including--
(i) a specific authorization by law for the
deployment or implementation of such program or
component; and
(ii) a specific appropriation by law of
funds for the deployment or implementation of
such program or component.
(2) The limitation in paragraph (1) shall not apply with
respect to the deployment or implementation of the Total
Information Awareness program, or a component of such program,
in support of the following:
(A) Lawful military operations of the United States
conducted outside the United States.
(B) Lawful foreign intelligence activities
conducted wholly against non-United States persons.
(d) Sense of Congress.--It is the sense of Congress that--
(1) the Total Information Awareness program should
not be used to develop technologies for use in
conducting intelligence activities or law enforcement
activities against United States persons without
appropriate consultation with Congress or without clear
adherence to principles to protect civil liberties and
privacy; and
(2) the primary purpose of the Defense Advanced
Research Projects Agency is to support the lawful
activities of the Department of Defense and the
national security programs conducted pursuant to the
laws assembled for codification purposes in title 50,
United States Code.
(e) Definitions.--In this section:
(1) Total information awareness program.--The term
``Total Information Awareness program''--
(A) means the computer hardware and
software components of the program known as
Total Information Awareness, any related
information awareness program, or any successor
program under the Defense Advanced Research
Projects Agency or another element of the
Department of Defense; and
(B) includes a program referred to in
subparagraph (1), or a component of such
program, that has been transferred from the
Defense Advanced Research Projects Agency or
another element of the Department of Defense to
any other department, agency, or element of the
Federal Government.
(2) Non-united states person.--The term ``non-
United States person'' means any person other than a
United States person.
(3) United states person.--The term ``United States
person'' has the meaning given that term in section
101(i) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801(i)).
(INCLUDING TRANSFER OF FUNDS)
Sec. 112. Section 8005 of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248) is amended by
inserting before the period at the end the following: ``:
Provided further, That, in addition to the transfer authority
provided in this section, and subject to the terms and
conditions of this section except the limitation in the fourth
proviso, the Secretary of Defense may, only to meet unforeseen
fuel costs borne by the Defense Working Capital Fund resulting
from fuel cost increases and the global war on terrorism,
transfer up to an additional $500,000,000 of funds made
available in this Act to the Department of Defense for military
functions (except military construction), from such
appropriations or funds or any subdivision thereof, to be
merged with and to be available for the same purposes, and for
the same time period, as the appropriation or fund within the
Defense Working Capital Fund to which transferred: Provided
further, That notwithstanding any other provision of law, none
of the funds provided in this or any other appropriations Act
for the Department of Defense may be used for the drawdown
authority in section 202 of the Afghanistan Freedom Support Act
of 2002 (Public Law 107-327) prior to notifying the House and
Senate Committees on Appropriations of the source of funds to
be used for such purpose''.
DIVISION N--EMERGENCY RELIEF AND OFFSETS
Section 1. Short Title.--This division may be cited as the
``Miscellaneous Appropriations Act, 2003''.
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2003, and for other purposes, namely:
TITLE I--ELECTION REFORM
Election Assistance Commission
SALARIES AND EXPENSES
For necessary expenses to carry out the Help America Vote
Act of 2002, $2,000,000.
Election Assistance Commission
ELECTION REFORM PROGRAMS
For necessary expenses to carry out programs as
authorized by the Help America Vote Act of 2002, $833,000,000,
of which $830,000,000 shall be for requirements payments under
Section 257 of that Act, of which $1,500,000 shall be available
for a Help America Vote College Program, and of which
$1,500,000 shall be available for the establishment of a Help
America Vote foundation: Provided, That no more than \1/10\ of
1 percent of funds available for requirements payments under
Section 257 of the Help America Vote Act of 2002 shall be
allocated to any territory.
General Services Administration
ELECTION REFORM PAYMENTS
For necessary expenses to carry out programs of payments
to states as authorized by Title I of the Help America Vote Act
of 2002, $650,000,000, of which not to exceed $500,000 shall be
available to the General Services Administration for necessary
administrative expenses.
Department of Health and Human Services
DISABLED VOTER SERVICES
For necessary expenses to carry out programs as
authorized by the Help America Vote Act of 2002, $15,000,000,
of which $13,000,000 shall be for payments to states to promote
disabled voter access, and of which $2,000,000 shall be for
payments to states for disabled voters protection and advocacy
systems.
TITLE II--AGRICULTURAL ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Agricultural Assistance
Act of 2003''.
SEC. 202. CROP DISASTER ASSISTANCE.
(a) Assistance Available.--The Secretary of Agriculture (in
this title referred to as the ``Secretary'') shall use such
sums as are necessary of funds of the Commodity Credit
Corporation to make emergency financial assistance available to
producers on a farm that have incurred qualifying losses for
the 2001 or 2002 crop of an agricultural commodity (other than
sugar or tobacco) due to damaging weather or related condition,
as determined by the Secretary.
(b) Administration.--
(1) Use of former administrative authority.--Except
as provided in paragraph (2), the Secretary shall make
assistance available under this section in the same
manner as provided under section 815 of the
Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55),
including using the same loss thresholds for quantity
and quality losses as were used in administering that
section.
(2) Payment rate.--The payment rate for a crop for
assistance provided under this section to the producers
on a farm shall be calculated as follows:
(A) If the producers obtained a policy or
plan of insurance, including a catastrophic
risk protection plan, for the crop under the
Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.), 50 percent of the applicable price for
the crop.
(B) If a policy or plan of insurance,
including a catastrophic risk protection plan,
for the crop was not available to the producers
under the Federal Crop Insurance Act, 50
percent of the applicable price for the crop.
(C) Subject to subsections (e) and (f), if
the producers did not obtain a policy or plan
of insurance, including a catastrophic risk
protection plan, available for the crop under
the Federal Crop Insurance Act, 45 percent of
the applicable price for the crop.
(c) Election of Crop Year.--If a producer incurred
qualifying crop losses in both the 2001 and 2002 crop years,
the producer shall elect to receive assistanceunder this
section for losses incurred in either the 2001 crop year or the 2002
crop year, but not both.
(d) Payment Limitation.--
(1) Limitation.--Assistance provided under this
section to a producer for losses to a crop, together
with the amounts specified in paragraph (2) applicable
to the same crop, may not exceed 95 percent of what the
value of the crop would have been in the absence of the
losses, as estimated by the Secretary.
(2) Other payments.--In applying the limitation in
paragraph (1), the Secretary shall include the
following:
(A) Any crop insurance payment made under
the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) or payment under section 196 of the
Federal Agricultural Improvement and Reform Act
of 1996 (7 U.S.C. 7333) that the producer
receives for losses to the same crop.
(B) The value of the crop that was not lost
(if any), as estimated by the Secretary.
(e) Ineligibility for Assistance.--Except as provided in
subsection (f), the producers on a farm shall not be eligible
for assistance under this section with respect to losses to an
insurable commodity or noninsurable commodity if the producers
on the farm--
(1) in the case of an insurable commodity, did not
obtain a policy or plan of insurance for the insurable
commodity under the Federal Crop Insurance Act for the
crop incurring the losses; and
(2) in the case of a noninsurable commodity, did
not file the required paperwork, and pay the
administrative fee by the applicable State filing
deadline, for the noninsurable commodity under section
196 of the Federal Agriculture Improvement and Reform
Act of 1996 for the crop incurring the losses.
(f) Contract Waiver.--The Secretary may waive subsection
(e) with respect to the producers on a farm if the producers
enter into a contract with the Secretary under which the
producers agree--
(1) in the case of an insurable commodity, to
obtain a policy or plan of insurance under the Federal
Crop Insurance Act providing additional coverage for
the insurable commodity for each of the next two crops;
and
(2) in the case of a noninsurable commodity, to
file the required paperwork, and pay the administrative
fee by the applicable State filing deadline, for the
noninsurable commodity for each of the next two crops
under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996.
(g) Effect of Violation.--In the event of the violation of
a contract under subsection (f) by a producer, the producer
shall reimburse the Secretary for the full amount of the
assistance provided to the producer under this section.
(h) Definitions.--In this section:
(1) Additional coverage.--The term ``additional
coverage'' has the meaning given the term in section
502(b)(1) of the Federal Crop Insurance Act (7 U.S.C.
1502(b)(1)).
(2) Insurable commodity.--The term ``insurable
commodity'' means an agricultural commodity (excluding
livestock) for which the producers on a farm are
eligible to obtain a policy or plan of insurance under
the Federal Crop Insurance Act.
(3) Noninsurable commodity.--The term
``noninsurable commodity'' means an eligible crop for
which the producers on a farm are eligible to obtain
assistance under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996.
SEC. 203. LIVESTOCK ASSISTANCE.
(a) Livestock Compensation Program.--
(1) Use of commodity credit corporation funds.--
Effective beginning on the date of enactment of this
Act, the Secretary shall use funds of the Commodity
Credit Corporation to carry out the 2002 Livestock
Compensation Program announced by the Secretary on
October 10, 2002 (67 Fed. Reg. 63070).
(2) Eligible applicants.--Subject to subsection
(c), in carrying out the Program, the Secretary shall--
(A) provide assistance to any applicant
that--
(i) conducts a livestock operation
that is physically located in a
disaster county; and
(ii) meets all other eligibility
requirements established by the
Secretary for the Program; and
(B) provide assistance to any applicant
that--
(i) produces an animal described in
section 10806(a)(1) of the Farm
Security and Rural Investment Act of
2002 (21 U.S.C. 321d(a)(1)); and
(ii) meets all other eligibility
requirements established by the
Secretary for the Program.
(b) Livestock Assistance Program.--
(1) Assistance available.--Subject to paragraph (2)
and subsection (c), the Secretary shall use
$250,000,000 of funds of the Commodity Credit
Corporation to establish a program under which payments
are made to livestock producers for losses in a
disaster county. To carry out the program, the
Secretary shall use the criteria established to carry
out the 1999 Livestock Assistance Program, except that,
in lieu of the gross revenue criteria used for the 1999
Livestock Assistance Program, the Secretary shall use
the adjusted gross income limitation contained in
section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a).
(2) Choice of payments.--If the livestock operation
of the producers is located in a county that was
declared to be a disaster county for both calendar year
2001 and calendar year 2002, the producers shall elect
to receive payments under this subsection for losses in
either calendar year 2001 or calendar year 2002, but
not both. If the livestock operation is located in a
county that was declared to be a disaster county in
just one of those calendar years, the producers may
still elect to receive payments under this subsection
for losses in either calendar year, but not both.
(c) Relationship of Livestock Assistance Programs.--
(1) Reduction in payments.--The amount of
assistance that the producers would otherwise receive
for a loss under a livestock assistance program
described in paragraph (2) shall be reduced by the
amount of the assistance that the producers receive
under any other livestock assistance program described
in such paragraph.
(2) Covered livestock assistance programs.--
Paragraph (1) applies to the following livestock
assistance programs:
(A) The 2002 Cattle Feed Program announced
by the Secretary on September 3, 2002 (67 Fed.
Reg. 56260).
(B) The 2002 Livestock Compensation
Program, as announced by the Secretary on
October 10, 2002 (67 Fed. Reg. 63070), and
modified in accordance with subsection (a).
(C) The livestock assistance program
established under subsection (b).
(D) Any other livestock assistance program,
as determined by the Secretary.
(d) Definitions.--In this section:
(1) Disaster county.--The term ``disaster county''
means a county included in the geographic area covered
by a qualifying natural disaster declaration for
calendar year 2001 or calendar year 2002 for which the
request for such declaration was submitted during the
period beginning on January 1, 2001, and ending on the
date of enactment of this Act. However, the term does
not include a contiguous county.
(2) Qualifying natural disaster declaration.--The
term ``qualifying natural disaster declaration''
means--
(A) a natural disaster declared by the
Secretary under section 321(a) of the
Consolidated Farm and Rural Development Act (7
U.S.C. 1961(a)); or
(B) a major disaster or emergency
designated by the President under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
SEC. 204. EMERGENCY SURPLUS REMOVAL.
The Secretary shall transfer $250,000,000 of funds of the
Commodity Credit Corporation to the fund established by section
32 of the Act of August 24, 1935 (7 U.S.C. 612c), to carry out
emergency surplus removal of agricultural commodities.
SEC. 205. TOBACCO PAYMENTS.
(a) Definitions.--In this section:
(1) Eligible person.--The term ``eligible person''
means a person that--
(A) owns a farm for which, irrespective of
temporary transfers or undermarketings, a basic
quota or allotment for eligible tobacco is
established for the 2002 crop year under part I
of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.);
(B) controls the farm from which, under the
quota or allotment for the relevant period,
eligible tobacco is marketed, could have been
marketed, or can be marketed, taking into
account temporary transfers; or
(C) grows, could have grown, or can grow
eligible tobacco that is marketed, could have
been marketed, or can be marketed under the
quota or allotment for the 2002 crop year,
taking into account temporary transfers.
(2) Eligible tobacco.--The term ``eligible
tobacco'' means each of the following kinds of tobacco:
(A) Flue-cured tobacco, comprising types
11, 12, 13, and 14.
(B) Fire-cured tobacco, comprising types
21, 22, and 23.
(C) Dark air-cured tobacco, comprising
types 35 and 36.
(D) Virginia sun-cured tobacco, comprising
type 37.
(E) Burley tobacco, comprising type 31.
(F) Cigar-filler and cigar-binder tobacco,
comprising types 42, 43, 44, 54, and 55.
(b) Payments.--Not later than June 1, 2003, the Secretary
shall use funds of the Commodity Credit Corporation to make
payments under this section.
(c) Poundage Payment Quantities.--
(1) In general.--
(A) Flue-cured and cigar tobacco.--In the
case of Flue-cured tobacco (types 11, 12, 13,
and 14) and cigar-filler and cigar-binder
tobacco (types 42, 43, 44, 54, and 55), the
poundage payment quantity under this section
shall equal the number of pounds of the basic
poundage quota of the kind of tobacco,
irrespective of temporary transfers or
undermarketings, under part I of subtitle B of
title III of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1311 et seq.) for the 2002 crop
year.
(B) Other kinds of eligible tobacco.--In
the case of each other kind of eligible
tobacco, the poundage payment quantity under
this section shall equal--
(i) in the case of eligible persons
that are owners described in subsection
(a)(1)(A), the number of pounds of the
basic poundage quota of the kind of
tobacco, irrespective of temporary
transfers or undermarketings, as
determined under paragraph (2); and
(ii) in the case of eligible
persons that are controllers described
in subsection (a)(1)(B) or growers
described in subsection (a)(1)(C), the
number of pounds of effective poundage
quota of the kind of tobacco, including
temporary transfers or undermarketings,
as determined under paragraph (2).
(2) Conversion of individual allotments to poundage
payment quantities.--In the case of each kind of
eligible tobacco other than Flue-cured tobacco (types
11, 12, 13, and 14) and Burley tobacco (type 31),
individual allotments shall be converted to poundage
payment quantities by multiplying--
(A) the number of acres that may,
irrespective of temporary transfers or
undermarketings, be devoted, without penalty,
to the production of the kind of tobacco under
the allotment under part I of subtitle B of
title III of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1311 et seq.) for the 2002 crop
year; by
(B)(i) in the case of fire-cured tobacco
(type 21), 1,746 pounds per acre;
(ii) in the case of fire-cured tobacco
(types 22 and 23), 2,676 pounds per acre;
(iii) in the case of dark air-cured tobacco
(types 35 and 36), 2,475 pounds per acre;
(iv) in the case of Virginia sun-cured
tobacco (type 37), 1,502 pounds per acre; and
(v) in the case of cigar-filler and cigar-
binder tobacco (types 42, 43, 44, 54, and 55),
2,230 pounds per acre.
(d) Available Payment Amounts.--The available payment
amount for each kind of eligible tobacco under subsection (b)
shall not exceed the amount obtained by multiplying--
(1) 5.55 cents per pound; and
(2) the national basic poundage quota for the
applicable kind for the 2002 marketing year, as
determined under subsection (c)(2).
(e) Division of Payments Among Eligible Persons.--
(1) In general.--Payments available with respect to
a pound of payment quantity, as determined under
subsection (d), shall be made available to eligible
persons in accordance with this paragraph, as
determined by the Secretary.
(2) Flue-cured and cigar tobacco.--In the case of
payments made available in a State under subsection (b)
for Flue-cured tobacco (types 11, 12, 13, and 14) and
cigar-filler and cigar-binder tobacco (types 42, 43,
44, 54, and 55), the Secretary shall distribute (as
determined by the Secretary)--
(A) 50 percent of the payments to eligible
persons that are owners described in subsection
(a)(1)(A); and
(B) 50 percent of the payments to eligible
persons that are growers described in
subsection (a)(1)(C).
(3) Other kinds of eligible tobacco.--In the case
of payments made available in a State under subsection
(b) for each other kind of eligible tobacco not covered
by paragraph (2), the Secretary shall distribute (as
determined by the Secretary)--
(A) 33\1/3\ percent of the payments to
eligible persons that are owners described in
subsection (a)(1)(A);
(B) 33\1/3\ percent of the payments to
eligible persons that are controllers described
in subsection (a)(1)(B); and
(C) 33\1/3\ percent of the payments to
eligible persons that are growers described in
subsection (a)(1)(C).
(f) Special Rule for Georgia.--The Secretary may make
payments under this section to eligible persons in Georgia only
if the State of Georgia agrees to use $13,000,000 to make
payments at the same time, or subsequently, to the same persons
in the same manner as provided for the Federal payments under
this section, as required by section 204(b)(6) of the
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note;
Public Law 106-224).
(g) Judicial Review.--A determination by the Secretary
under this section shall not be subject to judicial review.
SEC. 206. COTTONSEED.
The Secretary shall use $50,000,000 of funds of the
Commodity Credit Corporation to provide assistance to producers
and first-handlers of the 2002 crop of cottonseed.
SEC. 207. HURRICANE ASSISTANCE.
(a) In General.--In a State in a which a qualifying natural
disaster declaration has been made during a calendar year, the
Secretary shall make available to first processors that are
eligible to obtain a loan under section 156(a) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(a)) assistance in the form of payments, or commodities in
the inventory of the Commodity Credit Corporation from carrying
out that section, to partially compensate producers and first
processors for crop and other losses that are related to the
qualifying natural disaster declaration.
(b) Administration.--Assistance under this section shall
be--
(1) shared by an affected first processor with
affected producers that provide commodities to the
processor in a manner that reflects contracts entered
into between the processor and the producers; and
(2) made available under such terms and conditions
as the Secretary determines are necessary to carry out
this section.
(c) Quantity.--To carry out this section, the Secretary
shall--
(1) use 150,000 tons of commodities in the
inventory of the Commodity Credit Corporation under
section 156(a) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7272(a));
(2) make payments in an aggregate amount equal to
the market value of 150,000 tons of commodities
described in paragraph (1); or
(3) take any combination of actions described in
paragraphs (1) and (2) using commodities or payments
with a total market value of 150,000 tons of
commodities described in paragraph (1).
(d) Limitations.--The Secretary shall provide assistance
under this section only in a State described in section
359f(c)(1)(A) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359ff(c)(1)(A)) in which a qualifying natural disaster
declaration was made during calendar year 2002.
(e) Qualifying Natural Disaster Declaration.--In this
section, the term ``qualifying natural disaster declaration''
means--
(1) a natural disaster declared by the Secretary
under section 321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)); or
(2) a major disaster or emergency designated by the
President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
SEC. 208. WEATHER-RELATED LOSSES.
The Secretary shall use not more than $60,000,000 of funds
of the Commodity Credit Corporation to provide assistance to
sugar beet producers that suffered production losses (including
quality losses), as determined by the Secretary, for either the
2001 crop year or the 2002 crop year, but not both, as elected
by the producers.
SEC. 209. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED ALONG RIO GRANDE
FOR WATER LOSSES.
(a) In General.--The Secretary shall use $10,000,000 of
funds of the Commodity Credit Corporation to make a grant to
the State of Texas, acting through the Texas Department of
Agriculture, to provide assistance to agricultural producers in
the State of Texas with farming operations along the Rio Grande
that have suffered economic losses during the 2002 crop year
due to the failure of Mexico to deliver water to the United
States in accordance with the Treaty Relating to the
Utilization of Waters of the Colorado and Tijuana Rivers and of
the Rio Grande, and Supplementary Protocol signed November 14,
1944, signed at Washington, February 3, 1944 (59 Stat. 1219; TS
994).
(b) Amount.--The amount of assistance provided to
individual agricultural producers under this section shall be
proportional to the amount of economic losses described in
subsection (a) that were incurred by the producers.
SEC. 210. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED IN NEW MEXICO
FOR TEBUTHIURON APPLICATION LOSSES.
(a) In General.--The Secretary shall use not more than
$1,650,000 of funds of the Commodity Credit Corporation to
reimburse agricultural producers on farms located in the
vicinity of Malaga, New Mexico, for losses incurred during
calendar years 2002 and 2003 as the result of the application
by the Federal Government of tebuthiuron on land on or near the
farms of the producers during August 2002. The funds made
available under this subsection shall remain available until
expended.
(b) Amount.--The amount of assistance provided to
individual agricultural producers under this section shall be
proportional to the amount of losses described in subsection
(a) that were incurred by the producers.
SEC. 211. ASSISTANCE TO CITRUS AND LIME GROWERS FOR LOST PRODUCTION
FROM TREES REMOVED TO CONTROL CITRUS CANKER.
(a) In General.--Subject to subsection (b), the Secretary
shall use not more than $18,200,000 of the funds of the
Commodity Credit Corporation, to remain available until
expended, to compensate commercial citrus and lime growers in
the State of Florida for lost production with respect to trees
removed to control citrus canker, and with respect to certified
citrus nursery stocks within the citrus canker quarantine
areas, as determined by the Secretary.
(b) Removal of Trees.--For a grower to receive assistance
for a tree under this section, the tree must have been removed
after September 30, 2001.
SEC. 212. ADMINISTRATION.
Section 1232(a)(7)(A)(iii) of the Food Security Act of 1985
(16 U.S.C. 3832(a)(7)(A)(iii)) is amended by inserting before
the semicolon the following: ``, except that this clause shall
not apply to the 2002 calendar year, and the Secretary shall
repay the owner or operator (in a manner determined by the
Secretary) for any reduction in rental payments made to the
owner or operator as the result of the application of this
clause to the 2002 calendar year''.
SEC. 213. TECHNICAL ASSISTANCE.
Section 1241 of the Food Security Act of 1985 (16 U.S.C.
3841) is amended--
(1) by striking subsection (b) and inserting the
following new subsection (b):
``(b) Technical Assistance.--
``(1) Date of enactment through september 30,
2003.--During the period beginning on the date of
enactment of the Agricultural Assistance Act of 2003
and ending on September 30, 2003, Commodity Credit
Corporation funds made available under paragraphs (4)
through (7) of subsection (a) shall be available for
the provision of technical assistance (subject to
section 1242) for the conservation programs specified
in subsection (a).
``(2) Subsequent fiscal years.--Effective beginning
on October 1, 2003, Commodity Credit Corporation funds
made available under paragraphs (3) through (7) of
subsection (a) shall be available for the provision of
technical assistance (subject to section 1242) for the
conservation programs specified in subsection (a).'';
and
(2) by redesignating subsection (c) as subsection
(d) and inserting after subsection (b) the following
new subsection (c):
``(c) Relationship to Other Law.--The use of Commodity
Credit Corporation funds under subsection (b) to provide
technical assistance shall not be considered an allotment or
fund transfer from the Commodity Credit Corporation for
purposes of the limit on expenditures for technical assistance
imposed by section 11 of the Commodity Credit Corporation
Charter Act (15 U.S.C. 714i).''.
SEC. 214. PRODUCER-OWNED COOPERATIVE MARKETING ASSOCIATION LOAN
FORFEITURE AUTHORITY.
(a) In General.--Section 844 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (as enacted into law by Public Law
106-387 (114 Stat. 1549, 1549A-160), and amended by section
101(9) of the Miscellaneous Appropriations Act, 2001 (114 Stat.
2763, 2763A-172)), is amended--
(1) in the section heading, by striking ``BURLEY,
FLUE-CURED, AND CIGAR BINDER TYPE 54-55''; and
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``, or the 1999,
2000, and 2001 crops of type 21 Fire-
cured tobacco or type 37 Virginia sun-
cured tobacco'' after ``tobacco'' the
first place it appears; and
(ii) by striking ``Burley, Flue-
cured, or Cigar Binder Type 54-55'' the
second place it appears;
(B) in paragraph (2)(B), by striking
``Burley, Flue-cured, Cigar Binder Type 54-55,
or any other kind of tobacco'' and inserting
``any kind of tobacco''; and
(C) in paragraph (3)(A), by striking ``the
Burley, Flue-cured, or Cigar Binder Type 54-55
tobacco'' and inserting ``any tobacco''.
(b) Application.--The amendments made by subsection (a)
apply during fiscal year 2003.
SEC. 215. BOVINE TUBERCULOSIS ERADICATION.
In addition to funds made available under section 106 of
the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763,
2763A-173), the Secretary shall use not more than $15,000,000
of the funds of the Commodity Credit Corporation to make
payments to agricultural producers for incidental costs
incurred by the producers as a result of payments received
under that section.
SEC. 216. FUNDING.
(a) In General.--The Secretary shall use the funds,
facilities, and authorities of the Commodity Credit Corporation
to carry out this title, to remain available until expended.
(b) Administration.--The Secretary, acting through the Farm
Service Agency, may use not more than $70,000,000 of funds of
the Commodity Credit Corporation to cover administrative costs
associated with the implementation of this title and title I of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
7901 et seq.), to remain available until expended.
(c) Limitation.--Section 1241(a)(3) of the Food Security
Act of 1985 (16 U.S.C. 3841(a)(3)) is amended by inserting
before the period at the end the following: ``, using not more
than $3,773,000,000 for the period of fiscal years 2003 through
2013''.
SEC. 217. REGULATIONS.
(a) In General.--The Secretary may promulgate such
regulations as are necessary to implement this title.
(b) Procedure.--The promulgation of the regulations and
administration of this title shall be made without regard to--
(1) the notice and comment provisions of section
553 of title 5, United States Code;
(2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and
public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying
out this section, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
Sec. 218. Notwithstanding Rule 3 of the Budget
Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying
Conference Report 105-217, the provisions of this title that
would have been estimated by the Office of Management and
Budget as changing direct spending or receipts under section
252 of the Balanced Budget and Emergency Deficit Control Act of
1985 were they included in an Act other than an appropriations
Act shall be treated as direct spending or receipts
legislation, as appropriate, under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985, and by the
Chairmen of the House and Senate Budget Committees, as
appropriate, under the Congressional Budget Act of 1974.
TITLE III--WILDLAND FIRE EMERGENCY
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
WILDLAND FIRE MANAGEMENT
For an additional amount to repay prior year advances from
other appropriations transferred for wildfire suppression and
emergency rehabilitation by the Department of the Interior,
$189,000,000, to remain available until expended.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
WILDLAND FIRE MANAGEMENT
For an additional amount to repay advances from other
appropriations from which funds were transferred for wildfire
suppression and emergency rehabilitation activities,
$636,000,000, to remain available until expended. Of the funds
provided, $70,000,000 shall be transferred to the Knutson
Vandenburg fund, $30,000,000 shall be transferred to the
Salvage Sale fund, $143,000,000 shall be transferred to the
Land Acquisition account, $132,000,000 shall be transferred to
the Capital Improvement and Maintenance account, $30,000,000
shall be transferred to the Timber Purchaser Election account,
$77,000,000 shall be transferred to the State and Private
Forestry account, $23,000,000 shall be transferred to the
Forest and Rangeland Research account, $62,000,000 shall be
transferred to the National Forest System account, $20,000,000
shall be transferred to the Brush Disposal Account, $30,000,000
shall be transferred to the Working Capital Fund of the Forest
Service, $4,000,000 shall be transferred to the Receipts for
Road and Trail fund, $1,000,000 shall be transferred to the
Operations and Maintenance of Quarters fund, and $14,000,000
shall be transferred to the Forest Service Recreation Fee
Demonstration fund.
TITLE IV--TANF AND MEDICARE
Sec. 401. Section 114 of Public Law 107-229, as amended by
section 3 of Public Law 107-240 and by section 2 of Public Law
107-294, is amended--
(1) by striking ``the date specified in section
107(c) of this joint resolution'' and inserting ``June
30, 2003''; and
(2) by striking ``: Provided further, That
notwithstanding'' and all that follows through the
period and inserting a period.
Sec. 402. (a) Section 1848(i)(1)(C) of the Social Security
Act (42 U.S.C. 1395w-4(i)(1)(C) is amended to read as follows:
``(C) the determination of conversion
factors under subsection (d), including without
limitation a prospective redetermination of the
sustainable growth rates for any or all
previous fiscal years,''.
(b)(1) Notwithstanding the determination of the applicable
standardized amounts under paragraph (3)(A) of section 1886(d)
of the Social Security Act (42 U.S.C. 1395ww(d)), for purposes
of making payments under such section for discharges occurring
during the period beginning on April 1, 2003, and ending on
September 30, 2003, the standardized amount applicable under
such paragraph for hospitals located other than in a large
urban area for that period shall be increased to an amount
equal to the standardized amount otherwise applicable under
such paragraph for hospitals located in a large urban area for
that period.
(2) The increase in the standardized amount for hospitals
located other than in a large urban area provided for under
paragraph (1) for the period beginning on April 1, 2003, and
ending on September 30, 2003, shall not apply to discharges
occurring after such period, and shall not be taken into
account in calculating the payment amounts applicable for
discharges occurring after such period.
Sec. 403. Section 136 of Public Law 107-229, as added by
section 5 of Public Law 107-240, is amended by striking ``60
days after the date specified in section 107(c) of Public Law
107-229, as amended'' and inserting ``September 30, 2003''.
Sec. 404. Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement of the
committee of conference accompanying Conference Report 105-217,
the provisions of this title that would have been estimated by
the Office of Management and Budget as changing direct spending
or receipts under section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985 were they included in an
Act other than an appropriations Act shall be treated as direct
spending or receipts legislation, as appropriate, under section
252 of the Balanced Budget and Emergency Deficit Control Act of
1985, and by the Chairmen of the House and Senate Budget
Committees, as appropriate, under the Congressional Budget Act
of 1974.
TITLE V--FISHERIES DISASTERS
Sec. 501. Fisheries Disasters.--In addition to amounts
appropriated or otherwise made available, $100,000,000 is
appropriated to the Department of Commerce for fisheries
disaster assistance. Not more than 5 percent of such funds may
be used for administrative expenses, and no funds may be used
for lobbying activities or representational expenses.
(a) Western Pacific and North Pacific.--$5,000,000 shall be
made available as a direct lump sum payment to the State of
Hawaii for economic assistance to fisheries affected by federal
closures or fishing restrictions and $35,000,000 shall be made
available as a direct lump sum payment to the State of Alaska
no later than 30 days after the date of enactment of this Act
to make payments to persons or entities which have experienced
significant economic hardship. Funds in Alaska shall be used to
provide (A) personal assistance with priority given to food,
energy needs, housing assistance, transportation fuel including
subsistence activities, and other urgent needs; (B) assistance
for small businesses including fishermen, fish processors, and
related businesses serving the fishing industry; (C) and
assistance for local and borough governments adversely affected
by reductions in fish landing fees and other fishing-related
revenue; and (D) product development and marketing.
(b) Northeast and West Coast.--$10,000,000 shall be made
available to conduct a voluntary fishing capacity reduction
program in the Northeast multispecies fishery and $10,000,000
shall be made available to conduct a voluntary fishing capacity
reduction program in the West Coast groundfish fishery. Such
sums shall supplement the voluntary capacity reduction program
authorized for the fishery in Sec. 211 of Public Law 107-206
and be consistent with section 312(b) of the Magnuson-Stevens
Fishery Conservation and Management Act and the requirements
relating to the capacity program in section 211 of Public Law
107-206 that shall--
(1) permanently revoke all fishery licenses,
fishery permits, area and species endorsements, and any
other fishery privileges issued to a vessel or vessels
(or to persons on the basis of their operation or
ownership of that vessel or vessels) removed under the
program; and
(2) ensure that vessels removed under the program
are made permanently ineligible to participate in any
fishery worldwide, and that the owners of such vessels
will operate only under the United States flag or be
scrapped as a reduction vessel pursuant to section
600.1011(c) of title 50, Code of Federal Regulations.
(c) Gulf and South Atlantic.--
(1) $17,500,000 shall be made available for
assistance to the shrimp industries in the states of
South Carolina, Georgia, North Carolina, and Florida in
proportion to the percentage of the shrimp catch landed
by each state for economic assistance to the South
Atlantic shrimp fishery: Provided, That the State of
Florida shall receive only that proportion associated
with landings of the Florida east coast fishery; and
(2) $17,500,000 shall be made available for
assistance to the shrimp industries in the states of
Mississippi, Texas, Alabama, Louisiana, and Florida in
proportion to the percentage of the shrimp catch landed
by each state for economic assistance to the Gulf
shrimp fishery: Provided, That the State of Florida
shall receive only that proportion associated with
landings of the Florida gulf coast fishery. Provided
further, That 2 percent of funds received by each state
shall be retained by the state for distribution of
additional payments to fishermen with a demonstrated
record of compliance with turtle excluder and bycatch
reduction device regulations, and that the remainder of
the funds may be used only for: (A) personal assistance
with priority given to food, energy needs, housing
assistance, transportation fuel, and other urgent
needs; (B) assistance for small businesses including
fishermen, fish processors, and related businesses
serving the fishing industry; (C) domestic product
marketing and seafood promotion; (D) state seafood
testing programs; (E) development of limited entry
programs for the fishery; (F) funding or other
incentives to ensure widespread and proper use of
turtle excluder devices and bycatch reduction devices
in the fishery; and (G) voluntary capacity reduction
programs for shrimp fisheries under limited access.
(d) Blue Crab Fishery.--$5,000,000 shall be made available
for assistance to blue crab fisheries affected by reduced
harvests and sales of blue crab in proportion to the amount of
the catch landed by each state, Provided, That such funds may
be used only for: (A) personal assistance with priority given
to food, energy needs, housing assistance, transportation fuel,
and other urgent needs; (B) assistance for small businesses
including fishermen, fish processors, and related businesses
serving the fishing industry; (C) domestic product marketing
and seafood promotion; and (D) state seafood testing programs:
Provided further, That the Secretary of Commerce, in
consultation with the Commandant of the Coast Guard, shall
provide coordinated, enhanced and routine support for fisheries
monitoring and enforcement through use of remote sensing,
aircraft and communications assets, with particular emphasis on
federal waters seaward of the coasts of South Carolina and
Georgia, including the Charleston Bump closed area.
TITLE VI--OFFSETS
Sec. 601. (a) Across-the-Board Rescissions.--There is
hereby rescinded an amount equal to 0.65 percent of--
(1) the budget authority provided (or obligation
limitation imposed) for fiscal year 2003 for any
discretionary account in divisions A through K of this
joint resolution;
(2) the budget authority provided in any advance
appropriation for fiscal year 2003 for any
discretionary account in any prior fiscal year
appropriations Act; and
(3) the contract authority provided in fiscal year
2003 for any program subject to limitation contained in
this joint resolution.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in subsection (a); and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation
Acts, as delineated in the most recently submitted
President's budget).
(c) The rescission in subsection (a) shall not apply to
budget authority appropriated or otherwise made available by
this joint resolution in the following amounts in the following
activities or accounts:
$4,696,000,000 provided for the Special
Supplemental Nutrition Program for Women, Infants, and
Children (WIC) in the Department of Agriculture in
division A;
$6,667,533,000 provided for the Head Start Act in
the Department of Education in division G;
$23,889,304,000 provided for medical care in the
Department of Veterans Affairs in division K; and
$3,836,000,000 provided for the Shuttle program in
the National Aeronautics and Space Administration in
division K.
TITLE VII--BONNEVILLE POWER ADMINISTRATION BORROWING AUTHORITY
Sec. 701. For the purposes of providing funds to assist in
financing the construction, acquisition, and replacement of the
transmission system of the Bonneville Power Administration and
to implement the authority of the Administrator under the
Pacific Northwest Electric Power Planning and Conservation Act
(16 U.S.C. 839 et seq.), an additional $700,000,000 in
borrowing authority is made available under the Federal
Columbia River Transmission System Act (16 U.S.C. 838 et seq.),
to remain outstanding at any time: Provided, That the
Bonneville Power Administration shall not use more than
$531,000,000 of its permanent borrowing authority in fiscal
year 2003.
Sec. 702. Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement of the
committee of conference accompanying Conference Report 105-217,
the provisions of this title that would have been estimated by
the Office of Management and Budget as changing direct spending
or receipts under section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985 were they included in an
Act other than an appropriations Act shall be treated as direct
spending or receipts legislation, as appropriate, under section
252 of the Balanced Budget and Emergency Deficit Control Act of
1985, and by the Chairmen of the House and Senate Budget
Committees, as appropriate, under the Congressional Budget Act
of 1974.
DIVISION O
PRICE-ANDERSON ACT AMENDMENTS
SEC. 101. EXTENSION OF INDEMNIFICATION AUTHORITY.
Indemnification of Nuclear Regulatory Commission
Licensees.--Section 170 c. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(c)) is amended by striking ``August 1, 2002'' each
place it appears and inserting ``December 31, 2003''.
DIVISION P
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION
Section 1. Short Title.--This division may be cited as the
``United States-China Economic and Security Review
Commission''.
Sec. 2. (a) Appropriations.--There are appropriated, out of
any funds in the Treasury not otherwise appropriated,
$1,800,000, to remain available until expended, to the United
States-China Economic and Security Review Commission.
(b) Name Change.--
(1) In general.--Section 1238 of the Floyd D.
Spence National Defense Authorization Act of 2001 (22
U.S.C. 7002) is amended--
(A) in the section heading by inserting
``ECONOMIC AND'' before ``SECURITY'';
(B) in subsection (a)--
(i) in paragraph (1), by inserting
``Economic and'' before ``Security'';
and
(ii) in paragraph (2), by inserting
``Economic and'' before ``Security'';
(C) in subsection (b)--
(i) in the subsection heading, by
inserting ``Economic and'' before
``Security'';
(ii) in paragraph (1), by inserting
``Economic and'' before ``Security'';
(iii) in paragraph (3)--
(I) in the matter preceding
subparagraph (A), by inserting
``Economic and'' before
''Security''; and
(II) in subparagraph (H),
by inserting ``Economic and''
before ``Security''; and
(iv) in paragraph (4), by inserting
``Economic and'' before ``Security''
each place it appears; and
(D) in subsection (e)--
(i) in paragraph (1), by inserting
``Economic and'' before ``Security'';
(ii) in paragraph (2), by inserting
``Economic and'' before ``Security'';
(iii) in paragraph (3)--
(I) in the first sentence,
by inserting ``Economic and''
before ``Security''; and
(II) in the second
sentence, by inserting
``Economic and'' before
``Security'';
(iv) in paragraph (4), by inserting
``Economic and'' before ``Security'';
and
(v) in paragraph (6), by inserting
``Economic and'' before ``Security''
each place it appears.
(2) References.--Any reference in any Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or relating to the United
States-China Security Review Commission shall be deemed
to refer to the United States-China Economic and
Security Review Commission.
(c) Membership, Responsibilities, and Terms.--
(1) In general.--Section 1238(b)(3) of the Floyd D.
Spence National Defense Authorization Act of 2001 (22
U.S.C. 7002) is amended by striking subparagraph (F)
and inserting the following:
``(F) each appointing authority referred to
under subparagraphs (A) through (D) of this
paragraph shall--
``(i) appoint 3 members to the
Commission;
``(ii) make the appointments on a
staggered term basis, such that--
``(I) 1 appointment shall
be for a term expiring on
December 31, 2003;
``(II) 1 appointment shall
be for a term expiring on
December 31, 2004; and
``(III) 1 appointment shall
be for a term expiring on
December 31, 2005;
``(iii) make all subsequent
appointments on an approximate 2-year
term basis to expire on December 31 of
the applicable year; and
``(iv) make appointments not later
than 30 days after the date on which
each new Congress convenes;''.
(2) Responsibilities of the Commission.--The United
States-China Commission shall focus, in lieu of any
other areas of work or study, on the following:
(A) Proliferation practices.--The
Commission shall analyze and assess the Chinese
role in the proliferation of weapons of mass
destruction and other weapons (including dual
use technologies) to terrorist-sponsoring
states, and suggest possible steps which the
United States might take, including economic
sanctions, to encourage the Chinese to stop
such practices.
(B) Economic reforms and united states
economic transfers.--The Commission shall
analyze and assess the qualitative and
quantitative nature of the shift of United
States production activities to China,
including the relocation of high-technology,
manufacturing, and R&D facilities; the impact
of these transfers on United States national
security, including political influence by the
Chinese Government over American firms,
dependence of the United States national
security industrial base on Chinese imports,
the adequacy of United States export control
laws, and the effect of these transfers on
United States economic security, employment,
and the standard of living of the American
people; analyze China's national budget and
assess China's fiscal strength to address
internal instability problems and assess the
likelihood of externalization of such problems.
(C) Energy.--The Commission shall evaluate
and assess how China's large and growing
economy will impact upon world energy supplies
and the role the United States can play,
including joint R&D efforts and technological
assistance, in influencing China's energy
policy.
(D) United states capital markets.--The
Commission shall evaluate the extent of Chinese
access to, and use of United States capital
markets, and whether the existing disclosure
and transparency rules are adequate to identify
Chinese companies which are active in United
States markets and are also engaged in
proliferation activities or other activities
harmful to U.S. security interests.
(E) Corporate reporting.--The Commission
shall assess United States trade and investment
relationship with China, including the need for
corporate reporting on United States
investments in China and incentives that China
may be offering to United States corporations
to relocate production and R&D to China.
(F) Regional economic and security
impacts.--The Commission shall assess the
extent of China's ``hollowing-out'' of Asian
manufacturing economies, and the impact on
United States economic and security interests
in the region; review the triangular economic
and security relationship among the United
States, Taipei and Beijing, including Beijing's
military modernization and force deployments
aimed at Taipei, and the adequacy of United
States executive branch coordination and
consultation with Congress on United States
arms sales and defense relationship with
Taipei.
(G) United states-china bilateral
programs.--The Commission shall assess science
and technology programs to evaluate if the
United States is developing an adequate
coordinating mechanism with appropriate review
by the intelligence community with Congress;
assess the degree of non-compliance by China
and United States-China agreements on prison
labor imports and intellectual property rights;
evaluate United States enforcement policies;
and recommend what new measures the United
States Government might take to strengthen our
laws and enforcement activities and to
encourage compliance by the Chinese.
(H) World trade organization compliance.--
The Commission shall review China's record of
compliance to date with its accession agreement
to the WTO, and explore what incentives and
policy initiatives should be pursued to promote
further compliance by China.
(I) Media control.--The Commission shall
evaluate Chinese government efforts to
influence and control perceptions of the United
States and its policies through the internet,
the Chinese print and electronic media, and
Chinese internal propaganda.
(3) Effective date.--This section shall take effect
on the date of enactment of this Act.
And the Senate agreed to the same.
Bill Young,
Ralph Regula,
Jerry Lewis,
Hal Rogers,
Frank R. Wolf,
Jim Kolbe,
James T. Walsh,
Charles H. Taylor,
David L. Hobson,
Ernest J. Istook, Jr.
Henry Bonilla,
Joe Knollenberg,
Jack Kingston,
John P. Murtha,
Norman D. Dicks
(except sections 323 and 335
of Division F, and
conservation spending),
Alan B. Mollohan,
Peter J. Visclosky,
Jose E. Serrano,
Managers on the Part of the House.
Ted Stevens,
Thad Cochran,
Arlen Specter,
Pete V. Domenici,
Kit Bond,
Mitch McConnell,
Conrad Burns,
Richard C. Shelby,
Judd Gregg,
Robert F. Bennett,
Ben Nighthorse Campbell,
Larry Craig,
Kay Bailey Hutchison,
Mike DeWine,
Sam Brownback,
Robert C. Byrd,
Daniel K. Inouye,
Ernest F. Hollings,
Patrick J. Leahy,
Barbara A. Mikulski,
Patty Murray
(except for sections 323 and
335 of Division F),
Byron L. Dorgan,
Dianne Feinstein,
Tim Johnson,
Mary L. Landrieu,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the resolution (H.J. Res. 2)
making further continuing appropriations for the fiscal year
ending September 30, 2003, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effects of the action agreed upon by the
managers and recommended in the accompanying conference report.
This conference agreement includes the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2003; the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 2003; the District of Columbia Appropriations Act, 2003;
the Energy and Water Development Appropriations Act, 2003; the
Foreign Operations, Export Financing, and Related Agencies
Appropriations Act, 2003; the Department of the Interior and
Related Agencies Appropriations Act, 2003; the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2003; the Legislative Branch
Appropriations Act, 2003; the Department of Transportation and
Related Agencies Appropriations Act, 2003; the Treasury and
General Government Appropriations Act, 2003; the Departments of
Veterans Affairs and Urban Development, and Independent
Agencies Appropriations Act, 2003; the Homeland Security Act
Amendments of 2003; additional appropriations for the
Department of Defense; miscellaneous appropriations; and
amendments to the Price-Anderson Act.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2003
Congressional Directives
The statement of the managers remains silent on
provisions that were in both the House directives as contained
in H. Rept. 107-623, and the Senate directives as contained in
the Congressional Record of January 15, 2003, pages S356-S410,
that remain unchanged by this conference agreement, except as
noted in this statement of the managers.
For many years, this Act has included bill language
regarding the employment of temporary personnel as authorized
by 5 U.S.C. 3109 and/or 7 U.S.C. 2225. The conference agreement
does not include this language under individual accounts in
this Act, because it appears that this authority is no longer
required. In particular, this authority was not utilized by the
Farm Service Agency during fiscal year 2001, the most recent
year for which information was provided. The conferees agree to
provide authority to employ temporary personnel as a general
provision of this Act (section 703). The exercise of this
authority will require detailed justification, notification to
the House and Senate Committees on Appropriations, and advance
approval of the Committees.
The conferees agree that Federal Employees' Compensation
Act (FECA) costs be absorbed within appropriations provided
herein.
TITLE I--AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
The conference agreement provides $3,412,000 for the
Office of the Secretary as proposed by the Senate instead of
$31,629,000 as proposed by the House.
The conferees are seriously concerned by the growing
frequency of departmental and agency initiatives for which the
required prior notification to the Committees on Appropriations
of the House and Senate has not been provided. The conferees
note the efficiencies which attach to the least possible
statutory requirements and the benefits which accrue to the
more flexible Congressional direction expressed in Committee
reports. However, the continuing practice of reliance on
Committee report language must be accompanied by departmental
and agency compliance with Congressional directives. Section
720 of this Act, and similar language included in previous
acts, provide detailed guidelines to the U.S. Department of
Agriculture for those activities that require prior
notification to the Congress. Such notification was not
provided in the recent release of Section 32 funds for the
creation of a Livestock Compensation Program, the establishment
of a Faith-Based and Community Initiatives Center, the improper
use of Conservation Operations funds for the implementation of
Farm Bill programs, and other similar violations of statutory
reprogramming and prior notification requirements. The
conferees expect full compliance with Section 720 in the areas
of state office collocations, administrative and information
technology convergence, and all other activities that fall
within the scope of that section. The conferees also expect
that no reprogramming of funds occur in the absence of an
emergency or not as a consequence of unforeseen events.
Further, the conferees note that when an agency submits a
reprogramming request to the House and Senate Committees on
Appropriations and does not receive identical responses from
the House and Senate, it is the responsibility of the agency to
reconcile the House and Senate differences before proceeding,
and if reconciliation is not possible, to consider the
reprogramming request unapproved.
The conferees are concerned that the U.S. and Canada made
little progress in implementing the harmonized standards for
pesticide regulation as required by the North American Free
Trade Agreement (NAFTA). The conferees direct USDA, in
consultation with the Environmental Protection Agency, to
institute these standards so that concerns in the pricing of
agricultural products for the farmers will be addressed. The
conferees also direct USDA to report on the planned actions
taken to implement the harmonization standards to the
Committees on Appropriations within 180 days of enactment of
this Act.
Executive Operations
CHIEF ECONOMIST
The conference agreement provides $8,566,000 for the
Office of the Chief Economist as proposed by the House instead
of $12,016,000 as proposed by the Senate.
The President's budget request included additional
funding for the Website for Commodity Market Information,
Weather Information and Drought Management, and to Analyze
Critical Farm Energy Data. The conferees provide an increase of
$692,000 to be applied to the highest priority needs for which
additional funding was requested.
NATIONAL APPEALS DIVISION
The conference agreement provides $13,759,000 for the
National Appeals Division as proposed by both the House and
Senate.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The conference agreement provides $7,358,000 for the
Office of Budget and Program Analysis as proposed by both the
House and Senate.
Office of the Chief Information Officer
The conference agreement provides $15,251,000 for the
Office of the Chief Information Officer as proposed by the
House instead of $31,275,000 as proposed by the Senate.
The conferees expect that increases provided above fiscal
year 2002 shall go toward the highest priority items contained
in the fiscal year 2003 budget request.
COMMON COMPUTING ENVIRONMENT
The conference agreement provides $133,155,000 for common
computing environment as proposed by both the House and Senate.
Office of the Chief Financial Officer
The conference agreement provides $5,572,000 for the
Office of the Chief Financial Officer as proposed by the House
instead of $7,877,000 as proposed by the Senate.
WORKING CAPITAL FUND
The conference agreement does not provide $41,000,000 for
the Working Capital Fund as proposed by the House. The Senate
bill contained no such provision. The conferees note that
$21,700,000 in fiscal year 2002 balances have been transferred
to the Working Capital Fund, and will be available to meet the
needs for which an appropriation was requested.
The conferees direct the Secretary of Agriculture to
submit a feasibility study to the Committees on Appropriations
on the need for remote mirroring backup technology of the
National Finance Center's data. This study should include a
breakdown of the costs and the timeframe associated with
acquiring such technology, and should designate an appropriate
physical location for the backup site. The study shall also
specify how the costs of the remote data capability should be
assigned and paid for by non-USDA users of the National Finance
Center, including the Federal Retirement Thrift Investment
Board. Upon approval by the Committees on Appropriations, the
funds appropriated to the Working Capital Fund shall be made
available to provide mirror imaging technology for the National
Finance Center.
Office of the Assistant Secretary for Civil Rights
The conference agreement provides $400,000 for the Office
of the Assistant Secretary for Civil Rights as proposed by the
Senate. The House bill contained no such provision.
Office of the Assistant Secretary for Administration
The conference agreement provides $664,000 for the Office
of the Assistant Secretary for Administration as proposed by
the House instead of $780,000 as proposed by the Senate.
Agriculture Buildings and Facilities and Rental Payments
The conference agreement provides $196,781,000 for
agriculture buildings and facilities and rental payments
instead of $195,900,000 as proposed by the House and
$197,662,000 as proposed by the Senate.
The President's budget request includes additional
funding for the Fair Labor Standards and Service Contract Acts
and for major repairs and improvements to headquarters. The
conferees provide an increase of $881,000 to be applied to the
highest priority needs for which additional funding is
requested.
Hazardous Materials Management
The conference agreement provides $15,685,000 for
Hazardous Materials Management as proposed by the House and
Senate.
Departmental Administration
The conference agreement provides $38,095,000 for
Departmental Administration as proposed by the House instead of
$42,479,000 as proposed by the Senate.
Office of the Assistant Secretary for Congressional Relations
The conference agreement provides $3,821,000 for the
Office of the Assistant Secretary for Congressional Relations
as proposed by the House instead of $4,157,000 as proposed by
the Senate.
Office of Communications
The conference agreement provides $9,140,000 for the
Office of Communications as proposed by the House instead of
$9,637,000 as proposed by the Senate.
The conferees direct the Office to provide to the
Committees on Appropriations, in either electronic or facsimile
format, as requested, copies of any open source news material
made available to USDA officials that is purchased or otherwise
obtained using appropriated funds, amending licenses as
necessary.
Office of the Inspector General
The conference agreement provides $74,097,000 for the
Office of the Inspector General as proposed by the House
instead of $78,127,000 as proposed by the Senate.
The conference agreement does not include increased funds
in this account for financial statement audits for the Food and
Nutrition Service and Rural Development programs, or the
increase requested for Forest Service audits. Funds for FNS and
RD audits are included in the accounts for those programs, as
requested.
Office of the General Counsel
The conference agreement provides $35,017,000 for the
Office of the General Counsel instead of $34,446,000 as
proposed by the House and $35,588,000 as proposed by the
Senate.
The conferees expect that increases provided above the
fiscal year 2002 level shall go toward highest priority items
contained in the fiscal year 2003 budget request.
Office of the Under Secretary for Research, Education and Economics
The conference agreement provides $588,000 for the Office
of the Under Secretary for Research, Education and Economics as
proposed by the House instead of $780,000 as proposed by the
Senate.
Economic Research Service
The conference agreement provides $69,123,000 for the
Economic Research Service instead of $73,329,000 as proposed by
the House and $65,123,000 as proposed by the Senate.
The conferees provide $5,000,000 for ERS to carry out
food and nutrition studies, of which $1,000,000 is for the
Small Research Grants Program. The conference agreement
provides full funding for the ERS portion of the Agricultural
Resource Management Survey.
The conferees are aware that the current primary
livestock model used by USDA has not been re-estimated in its
entirety since 1990 and much of the data used to develop this
model was from the 1960s and 1970s, long before packer
concentration, captive supplies and increasing imports. These
factors have had significant impacts on the livestock industry.
The conferees direct the Economic Research Service to update,
revise, and improve livestock modeling capacity.
The conferees are concerned that ERS appears to have
ceased publishing regional monthly production costs for dairy
farmers. These monthly production calculations are a valuable
tool and helpful to Congress in developing dairy policy. As
such the conferees strongly urge the Department to publish or
otherwise make available regional monthly production cost
calculations for dairy farmers.
The conferees request the Economic Research Service to
conduct a study of the Cranberry Marketing Committee and its
administration of the Cranberry Marketing Order and report to
the Committees on Appropriations by September 30, 2003. The
study shall focus on the economics of the cranberry industry
and the response of the Cranberry Marketing Committee to the
unprecedented losses incurred by cranberry growers since 1999.
The report of the study shall include recommendations to ensure
that the Cranberry Marketing Order is administered in a manner
that benefits cranberry growers and promotes the public
interest.
National Agricultural Statistics Service
The conference agreement provides $139,354,000 for the
National Agricultural Statistics Service instead of
$137,858,000 as proposed by the House and $140,854,000 as
proposed by the Senate.
The conference agreement includes full funding for the
NASS portion of the Agricultural Resource Management Survey,
and $1,500,000 for e-government activities.
Agricultural Research Service
SALARIES AND EXPENSES
The conference agreement provides $1,052,770,000 for the
Agricultural Research Service, Salaries and Expenses, instead
of $1,002,193,000 as proposed by the House and $1,053,597,000
as proposed by the Senate.
The conferees have agreed to increased funding for the
following laboratories and areas of research: Genetic Resources
Research, Riverside, CA, Parlier, CA, Corvallis, OR, Ames, IA,
Davis, CA, Madison, WI, and Pullman, WA $200,000 each;
Agricultural Genome Sequencing at Weslaco, TX, $250,000;
Ithaca, NY, and Albany, CA, $400,000 each; Improve Biomass
Feedstock for Production of Energy and Biobased Products at
Albany, CA, Athens, GA, and Madison, WI, $200,000 each;
Technologies for Biobased Products at Albany, CA, $400,000,
Athens, GA, $200,000, and Peoria, IL, $800,000; Improve
Conversion of Agricultural Materials to Biofuels at Bushland,
TX, Albany, CA, and Peoria, IL, $200,000 each; Determine Rates
of Gene Flow from Crops to Nearby Vegetation at Corvallis, OR,
and Ames, IA, $225,000 each; Develop and Test Novel Strategies
to Prevent Pest Resistance to Plant-Incorporated Protectants at
Wapato, WA, $225,000; Limit Transgene Activity to Specific
Tissues at Albany, CA, and Ames, IA, $400,000 each, and Ithaca,
NY, and Peoria, IL, $225,000 each; Develop Biocontrol Programs
for Invasive Pests at Davis, CA, Frederick MD, Newark, DE,
$200,000 each, and Wooster, OH, $250,000; Identify and
Characterize Exotic Plant Diseases at Wooster, OH, Frederick,
MD, and Prosser, WA, $200,000 each; Research on Emerging and
Exotic Animal Diseases for PRDC at Ames, IA, $450,000, Marek's
Disease Research at Athens, GA, $400,000, BSE/TSE Research at
Albany, CA, Ames, IA, and Pullman, WA, $400,000 each, Managing
Waste to Reduce Risks to the Environment and Human Health at
Madison, WI, and Bushland, TX, $200,000 each; Protect Water and
Air from Manure Nutrients and Pathogens at Ames, IA, Athens,
GA, Kimberly, ID, $200,000 each, and University Park, PA,
$225,000; Assess Risks to Agricultural Resources Arising from
Weather Variabilities at Coshocton, OH, $200,000; Accoustics
Technology, Oxford, MS, $200,000; Advanced Animal Vaccines,
Greenport, NY, $150,000; Aerial Application Research, $120,000;
Agricultural Genome Bioinformatics, Las Cruces, NM, $500,000;
Agricultural Law, $100,000; Agroforestry Research, Booneville,
AR, $50,000; Animal Welfare Information Center, $80,000;
Appalachian Fruit Research Station, Kearneysville, WV,
$250,000; Appalachian Pasture Beef, Beaver, WV $100,000;
Aquaculture Density Research, FL $200,000; Aquaculture
Research, Aberdeen, ID, $250,000; Arid Lands Research, Las
Cruces, NM, $250,000; Arkansas Childrens' Nutrition Center,
Little Rock, AR, $250,000; Barley Food Health Benefits
Research, Beltsville, MD, $50,000; Biomass Crop Production,
Brookings, SD, $500,000; Biomedical Materials in Plants,
Beltsville, MD, $425,000; Biotechnology Research to Improve
Crops and Livestock, Stoneville, MS, $1,500,000; Bovine
Genetics, Beltsville, MD, $300,000; Broiler Production in the
Mid-South, Mississippi State, MS, $1,000,000; Canal Point
Sugarcane Research, Canal Point, FL, $500,000; Catfish Health,
Stoneville, MS, $500,000; Central Great Plains Research
Station, Akron, CO, $500,000; Cereal Disease Research, St.
Paul, MN, $250,000; Chloroplast Genetic Engineering Research,
Urbana, IL, $500,000; Coffee and Cocoa, $500,000; Corn
Germplasm, Ames, IA, $500,000; Cotton Genetics Research,
Florence, SC, $250,000; Cotton Genomics, Breeding, Varietal
Development, and Pest Resistance, Stoneville, MS, $700,000;
Dairy Forage Research, Madison, WI, $1,000,000; Dairy Genetics
Research, Beltsville, MD, $350,000; Delta Nutrition
Intervention Initiative, LittleRock, AR, $750,000; Endophyte
Research, Booneville, AR, $250,000; Fish Disease Research, Auburn, AL,
$500,000; Floriculture and Nursery Research, $500,000; Food Safety and
Engineering, Wyndmoor, PA (Purdue), $500,000; Food Safety for Listeria,
E. coli, and Other Food Pathogens, $350,000; Forage-Livestock Systems,
Lexington, KY, $800,000; Forage and Range Research, Logan, UT,
$250,000; Formosan Subterranean Termite, New Orleans, LA, $200,000; Ft.
Keogh Livestock and Range Research Laboratory, Miles City, MT,
$500,000; Ft. Pierce Horticultural Research Laboratory, Ft. Pierce, FL,
$500,000; Glassy-Winged Sharp Shooter, $600,000; Grand Forks Human
Nutrition Laboratory, Grand Forks, ND, $250,000; Grape Genetics,
Geneva, NY $250,000; Grapefruit Juice/Drug Interaction, Winterhaven,
FL, $300,000; Greenhouse Lettuce Germplasm, Salinas, CA, $40,000;
Harbor Branch Aquaculture Initiative, Stuttgart, AR, $250,000; Harry
Dupree National Aquacultural Research Center, Stuttgart, AR, $250,000;
Sugarcane Research, Houma, LA, $250,000; Hides and Leather Research,
Wyndmoor, PA, $100,000; Horticulture Research, Poplarville, MS,
$500,000; Human Nutrition Research Center on Aging, Boston, MA,
$400,000; Integrated Farming Systems, Ames, IA, $250,000; IPM
Strategies for Northern Climates, Fairbanks, AK, $700,000; Johne's
Disease (Bovine Paratuberculosis), $1,000,000; Karnal Bunt, Manhattan,
KS, $250,000; Livestock Genome Sequencing, Clay Center, NE, $250,000;
Malignant Catarrhal Fever (MCF) Virus, Pullman, WA, (Cooperation with
ARS Dubois, ID Sheep Station and WSU), $200,000; Microbial Genomics
Initiative, Pullman, WA, (Cooperation with ARS Tick Res. Unit
Kerrville, TX & WSU), $300,000; Michael Fields Agricultural Institute,
Madison, WI, $500,000; Mid-West/Mid-South Irrigation, Columbia, MO,
$300,000; Minor Use Pesticides (IR-4), $150,000; National Cold Water
Marine Aquaculture, Orono, ME, $250,000; National Corn to Ethanol
Research Pilot Plant, ARS staffing, Wyndmoor, PA, $400,000; National
Nutrition Monitoring System, Beltsville, MD, $500,000; National
Sclerotinia Initiative, Fargo, ND, $500,000; National Soil Erosion
Laboratory, West Lafayette, IN, $250,000; Natural Products, Oxford, MS,
$350,000; Northern Grains Insect Research Laboratory, Brookings, SD,
$500,000; Northern Great Plains Ecosystem, Sidney, MT, $800,000;
Noxious Weeds in the Desert Southwest, Las Cruces, NM $250,000;
Nutritional Requirements Research at Childrens' Nutrition Research
Center, Houston, TX, $450,000; Ogallala Aquifer, Bushland, TX,
$750,000; Olive Fruit Fly Research, Parlier, CA, Montpellier, France,
$200,000; Ornamental Crops Research, Poplarville, MS, (University of
Tennessee), $750,000; Pear Thrips, Ithaca, NY, (University of Vermont)
$100,000; Phytoestrogen Research, SRRC $750,000 (Cooperative Research
Tulane, Xavier, and University of Toledo $250,000 each); Plant Stress
and Water Conservation Research, Lubbock, TX, $250,000; Potato
Research, Aberdeen, ID, $30,000; Poultry Diseases, Athens, GA,
$800,000; Precision Agriculture Research, Mandan, ND, $500,000;
Regional Grains Genotyping Research, Raleigh, NC, $250,000; Resistance
Management and Risk Assessment in BT Cotton and Other Plant-
Incorporated Protectants, Stoneville, MS, $1,100,000; Seafood Waste,
Fairbanks, AK, $200,000; Sedimentation Issues in Flood-Control Dam
Rehabilitations, Oxford, MS, $475,000; Shellfish Genetics, Newport, OR,
(OSU Hatfield Marine Science Center) $250,000; Small Fruit Research,
Corvallis, OR, $250,000; Soil Dynamics, Auburn, AL, $250,000; Soil-
Plant Nutrient Research, Ft. Collins, CO, $100,000; Sorghum Research,
$662,000 (Manhattan, KS $200,000; Bushland, TX $212,000; Little Rock,
AR $150,000, and Stillwater, OK $100,000); Source Water Protection
Initiatives, (Columbus, OH, $250,000; W. Lafayette, IN, $250,000)
$500,000; Sudden Oak Disease Syndrome, Ft. Detrick, MD, $200,000; Sugar
Beet Research, Kimberly, ID, $130,000; Sustainable Olive Production,
Weslaco, TX, $130,000; Sustainable Viticulture Research, Davis, CA,
$250,000; Sweet Potato Research, Stoneville, MS, $350,000; Swine Lagoon
Alternatives Research, Florence, SC, $500,000; Trout Genome Mapping,
Leetown, WV, (WV University) $500,000; U.S. National Arboretum,
Washington, DC, $250,000; U.S. Pacific Basin Agricultural Research,
Hilo, HI, $200,000; U.S. Vegetable Lab staffing, Charleston, SC,
$500,000; Virus-Free Fruit Tree Cultivars, Prosser, WA, $250,000;
Viticulture Research, ($300,000 U. ID Parma, $400,000 NWCSFR(U. ID/WSU/
OSU)), ($150,000, Prosser (WSU)) $850,000; Waste Management Research,
Western Kentucky University, $1,000,000; Water Use Reduction/Producer
Enhancement Research, (Water Quality/Water Use Research), Dawson, GA,
$500,000; West Nile Virus, Gainesville, FL, $250,000; Western Grazing
Lands Research, Burns, OR, $750,000; Western Wheat Quality Laboratory,
Pullman, WA, $75,000; Wheat and Barley Scab Initiative, $600,000; pay
costs, $17,689,000.
The conference agreement provides for the redirection of
funding for hyperspectral imaging technology research, as
proposed by the Senate.
The conferees expect that close cooperation will be
established and maintained among the nursery and floral
industry, the Agricultural Research Service, the University of
Tennessee, and the Tennessee State University / ARS Nursery
Crop Research Station in McMinnville, Tennessee, to avoid
duplication of effort. The conference agreement includes
$750,000 for this collaborative ornamental horticulture
program.
The conference agreement provides an increase of $50,000
from the fiscal year 2002 level to continue research on
shiitake mushrooms at the South Central Family Farm Research
Center at Booneville, AR.
The conference agreement continues the fiscal year 2002
level of funding for all research projects proposed to be
terminated in the President's budget.
BUILDINGS AND FACILITIES
The conference agreement provides $119,480,000 for the
Agricultural Research Service, Buildings and Facilities,
instead of $95,280,000 as proposed by the House and
$100,955,000 as proposed by the Senate.
The following table reflects the conference agreement:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
National Agricultural Library.--The conferees understand
that a number of cracks have occurred within the brick veneer
structure of the Abraham Lincoln National Agricultural Library
in Beltsville, Maryland, posing a serious life-safety concern
for pedestrian traffic. The conference agreement provides
$1,500,000 to investigate and initiate remedy for this serious
issue.
U.S. National Arboretum.--A study to determine the
underlying cause of water quality degradation in the Hickey Run
area was completed in 1999. This study provided numerous
recommendations to reduce the waste and pollution entering the
U.S. National Arboretum in the District of Columbia. The
conference agreement provides $1,700,000 for Hickey Run
pollution abatement activities to be carried out at the U.S.
National Arboretum.
Completion of facilities.--The conference agreement
provides funding necessary to complete the construction of
research facilities at the following locations: Maricopa, AZ;
Aberdeen, ID; Manhattan, KS; Orono, ME; St. Paul, MN; Oxford,
MS; Poplarville, MS; Woodward, OK; Brookings, SD; Logan, UT;
and Madison, WI. The conferees expect that these construction
projects will deliver complete and useable facilities within
the appropriations provided under this Act.
Cooperative State Research, Education, and Extension Service
RESEARCH AND EDUCATION ACTIVITIES
The conference agreement provides $620,827,000 for
research and education activities instead of $572,616,000 as
proposed by the House and $651,411,000 as proposed by the
Senate.
The following table reflects the conference agreement:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The conferees have included $500,000 for the Special
Research Grant for Agricultural Diversity in the Red River
Trade Corridor. Of this amount, $100,000 is intended for the
Northern Great Plains Inc. to initiate the establishment of
policies and procedures of the Northern Great Plains Regional
Authority as required by the Farm Security and Rural Investment
Act of 2002.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The conference agreement provides $7,100,000 for the
Native American Institutions Endowment Fund as proposed by the
Senate, instead of $9,000,000 as proposed by the House.
EXTENSION ACTIVITIES
The conference agreement provides $453,468,000 for
extension activities instead of $441,821,000 as proposed by the
House and $452,767,000 as proposed by the Senate.
The following table reflects the conference agreement:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Within funds provided for the farm safety program, the
conference agreement includes $4,200,000 for the AgrAbility
project.
The conference agreement provides $3,000,000 for Youth
Grants as authorized under section 7412 of PL 107-171. Funding
for similar activities is also provided under Smith-Lever,
Youth at Risk, and other programs funded under this account.
The conferees provide this funding to supplement funds provided
in PL 107-171 and expect that future funding for Extension
youth activities be provided through the other established
programs.
The conference agreement provides $540,000 for urban
horticulture activities in Wisconsin, of which $378,000 is
directed to the University of Wisconsin Extension and $162,000
is directed to Growing Power of Milwaukee for community food
systems.
INTEGRATED ACTIVITIES
The conference agreement provides $46,743,000 for
integrated activities instead of $47,868,000 as proposed by the
House and $48,218,000 as proposed by the Senate.
The following table reflects the conference agreement:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
The conference agreement provides $3,493,000 for Outreach
for Socially Disadvantaged Farmers under CSREES as proposed by
the Senate. The House had proposed $8,243,000 for this account
elsewhere in the bill.
Office of the Under Secretary for Marketing and Regulatory Programs
The conference agreement provides $730,000 for the Office
of the Under Secretary for Marketing and Regulatory Programs as
proposed by the House instead of $780,000 as proposed by the
Senate.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
The conference agreement provides $725,502,000 for the
Animal and Plant Health Inspection Service (APHIS) instead of
$735,937,000 as proposed by the House and $735,673,000 as
proposed by the Senate.
The following table reflects the conference agreement:
Animal and Plant Health Inspection Service
[In thousands of dollars]
Pest and Disease Exclusion:
Agricultural quarantine inspection.................. 55,988
User fees........................................... -
Cattle ticks........................................ 6,354
Foreign animal diseases/FMD......................... 7,989
Fruit fly exclusion and detection................... 56,818
Import-export inspection............................ 9,556
Screwworm........................................... 30,679
Trade issues resolution management.................. 11,527
Tropical bont tick.................................. 422
--------------------------------------------------------
____________________________________________________
Total, Pest and Disease Exclusion............... 179,333
========================================================
____________________________________________________
Plant and Animal Health Monitoring:
Animal health monitoring & surveillance............. 93,826
Animal and plant health regulatory enforcement...... 8,538
Emergency management systems........................ 9,044
Pest detection...................................... 21,794
--------------------------------------------------------
____________________________________________________
Total, Plant & Animal Health Monitoring......... 133,202
========================================================
____________________________________________________
Pest and Disease Management:
Aquaculture......................................... 1,397
Biological control.................................. 9,118
Boll weevil......................................... 62,000
Brucellosis......................................... 10,258
Chronic wasting disease............................. 14,933
Emerging plant pests................................ 75,289
Golden nematode..................................... 630
Grasshopper......................................... 4,369
Gypsy moth.......................................... 4,677
Imported fire ant................................... 2,437
Johnes disease...................................... 21,000
Noxious weeds....................................... 1,911
Pink bollworm....................................... 2,000
Plum pox............................................ 4,051
Pseudorabies........................................ 4,286
Scrapie............................................. 15,474
Tuberculosis........................................ 14,895
Wildlife services operations........................ 69,036
Witchweed........................................... 1,530
--------------------------------------------------------
____________________________________________________
Total, Pest and Disease Management.............. 319,291
========================================================
____________________________________________________
Animal Care:
Animal welfare...................................... 16,408
Horse protection.................................... 493
--------------------------------------------------------
____________________________________________________
Total, Animal Care.............................. 16,901
========================================================
____________________________________________________
Scientific and Technical Services:
AITI................................................ 4,242
Biotechnology/environmental protection.............. 10,997
Plant methods development labs...................... 5,373
Veterinary biologics................................ 13,167
Veterinary diagnostics.............................. 23,921
Wildlife services methods development............... 14,972
--------------------------------------------------------
____________________________________________________
Total, Scientific and Technical Services........ 72,672
========================================================
____________________________________________________
Contingency fund 4,103
--------------------------------------------------------
____________________________________________________
Total, Salaries and Expenses.................... 725,502
The conference agreement provides $56,818,000 for the
fruit fly exclusion and detection program, an increase of
$20,000,000 above the fiscal year 2002 funding level. The
increase includes $15,904,000 to enhance international
activities to prevent Mediterranean fruit flies from moving
into the United States, $3,182,000 to enhance activities at
domestic borders, and $150,000 for olive fruit fly trapping
efforts.
The conference agreement includes $2,000,000 to conduct
preclearance quarantine inspections from Hawaii, Guam, Puerto
Rico or the U.S. Virgin Islands to the continental U.S. instead
of $3,000,000 as proposed by the Senate.
The conference agreement provides $1,000,000 for the
cooperative agreement with the Wisconsin Animal Health
Consortium as proposed by the House instead of $750,000 as
proposed by the Senate.
The conference agreement provides $200,000 to assist in
creating a database of North Carolina's agriculture industry
for rapid response capabilities instead of $300,000 as proposed
by the House.
The conference agreement provides $250,000 for the New
Mexico Rapid Syndrome Validation Program instead of $300,000 as
proposed by the Senate.
The conference agreement provides $900,000 for alkaline
digesters of which $700,000 is for Auburn University College of
Medicine and $200,000 is for the Mississippi Animal Disease and
Research Diagnostic Laboratory in Jackson, MS instead of
$1,000,000 as proposed by the Senate.
The conference agreement provides $9,044,000 for
Emergency Management Systems as proposed by the House instead
of $11,043,000 as proposed by the Senate. The conference
agreement does not include language encouraging APHIS to work
with the North Carolina Department of Agriculture's Emergency
Programs Division as proposed by the Senate.
The conference agreement provides $1,397,000 for
aquaculture as proposed by the Senate instead of $1,164,000 as
proposed by the House.
The conference agreement appropriates $62,000,000 for the
boll weevil eradication program as proposed by the Senate
instead of $53,000,000 as proposed by the House.
The conference agreement provides $10,258,000 for
brucellosis instead of $8,639,000 as proposed by the House and
$10,358,000 as proposed by the Senate. The conference agreement
does not include $100,000 for the Arkansas Livestock and
Poultry Commission Brucellosis Program as proposed by the
Senate.
The conference agreement provides $14,933,000 for chronic
wasting disease as proposed by the House instead of $14,900,000
as proposed by the Senate.
The conference agreement provides an increase of
$9,000,000 for glassy-winged sharpshooter containment and
control for a total of $17,500,000.
The conference agreement provides an increase of
$9,251,000 for the Asian long-horned beetle program for a total
of $35,000,000.
The conference agreement provides an increase of
$16,549,000 for citrus canker.
The conference agreement provides $4,369,000 for
grasshopper program, of which not less than $650,000 shall be
for grasshopper and Mormon cricket control activities in Utah;
$150,000 to prepare necessary environmental documents; $500,000
to continue control measures; and not less than $300,000 shall
be for grasshopper and Mormon cricket control activities in
Nevada as proposed by the Senate.
The conference agreement provides $2,437,000 for the
control, management, and eradication of the imported fire ant
of which $45,000 is for New Mexico and $260,000 is for
Tennessee.
The conference agreement provides $1,911,000 for noxious
weeds instead of $1,438,000 as proposed by the House and
$1,611,000 as proposed by the Senate. The conference agreement
includes $300,000 for the Kiski Basin Initiative (PA); $100,000
for the Nez-Perce Bio-Control Center; and $250,000 for
implementation of an invasive species program to prevent the
spread of cogongrass in Mississippi.
The conference agreement provides $15,474,000 for scrapie
instead of $20,474,000 as proposed by the House and $8,178,000
as proposed by the Senate.
The conference agreement provides $14,895,000 for
tuberculosis as proposed by the Senate instead of $18,124,000
as proposed by the House.
The conference agreement provides $69,036,000 for
wildlife services operations instead of $65,709,000 as proposed
by the House and $67,144,000 as proposed by the Senate.
The conference agreement includes $8,000,000 for a
cooperative rabies oral rabies vaccination program of which
$350,000 shall be for operations in Maryland.
The conference agreement provides $5,217,000 to provide
an effective response to control animal diseases in U.S. wild
animal populations of which $1,250,000 is for remote diagnostic
and wildlife disease surveillance as proposed by the Senate.
The conference agreement provides $500,000 for hazing
programs to manage cormorants in central New York watersheds
instead of $1,000,000 as proposed by the House.
The conference agreement provides $1,200,000 for wolf
predation management, of which $1,050,000 is for Wisconsin,
Minnesota, and Michigan, and $150,000 is for New Mexico and
Arizona.
The conference agreement provides $1,000,000 for a
cooperative agreement with Miami-Dade County, FL, to assist in
mosquito control efforts.
The conference agreement provides $50,000 to be used to
assist Missouri in eradicating feral hogs.
The conference agreement provides $250,000 for beaver
management and control in North Carolina.
The conference agreement provides $1,300,000 for predator
control programs in Montana, Idaho, and Wyoming instead of
$1,500,000 as proposed by the House.
The conference agreement provides $200,000 to establish a
Wildlife Services State Office in Pennsylvania as proposed by
the Senate.
The conference agreement provides $400,000 to assist the
Nevada Division of Wildlife with returning displaced wildlife
back to its natural habitat instead of $500,000 as proposed by
the Senate.
The conference agreement provides $300,000 for a
cooperative agreement with the Eastern Idaho Sandhill Crane
Lure Crop Project as proposed by the Senate.
The conference agreement provides an increase of $800,000
for animal welfare activities, as proposed by the Senate.
The conference agreement provides an increase of $250,000
to enhance existing research efforts at the National Wildlife
Research Center field station in Starkville, Mississippi
instead of $300,000 as proposed by the Senate.
The conference agreement provides $600,000 to expand the
existing program at the Jack Berryman Institute and facilitate
a cooperative relationship with the Mississippi Agriculture and
Forestry Experiment Station instead of $700,000 as proposed by
the Senate.
The conference agreement provides $700,000 for
maintenance and operations necessary to support wildlife
methods development at the National Wildlife Research Center in
Ft. Collins, CO, as proposed by the Senate.
The conferees are aware of outbreaks in Texas of Avian
Influenza in poultry during 2002 and expect APHIS to provide
assistance to egg producers who have depopulated their flocks.
The conferees are concerned about USDA's response to the
outbreak and spread of chronic wasting disease in states east
of the Mississippi River and believe that USDA needs to do much
more to expand laboratory testing capacity in order to help
states get control of the problem. The conferees expect USDA to
expand testing capacity by developing appropriate protocols
with laboratories that are capable of doing the testing and by
providing the necessary resources for laboratories to conduct
rapid testing.
BUILDINGS AND FACILITIES
The conference agreement provides $9,989,000 for Animal
and Plant Health Inspection Service Buildings and Facilities
instead of $13,189,000 as proposed by both the House and
Senate.
The conference agreement includes funds for all budgeted
items except Plum Island.
Agricultural Marketing Service
MARKETING SERVICES
The conference agreement provides $75,702,000 for the
Agricultural Marketing Service as proposed by the House instead
of $75,411,000 as proposed by the Senate.
The conference agreement includes a total of $15,759,000
for the pesticide data program of which not less than
$1,000,000 shall be added to the existing funding for the
drinking water initiative.
LIMITATION ON ADMINISTRATIVE EXPENSES
The conference agreement provides $61,619,000 as proposed
by both the House and Senate.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
The conference agreement provides $14,910,000 for Funds
for Strengthening Markets, Income, and Supply as proposed by
both the House and Senate.
Payments to States and Possessions
The conference agreement appropriates $1,347,000 for
Payments to States and Possessions as proposed by the House and
Senate.
Grain Inspection, Packers and Stockyards Administration
SALARIES AND EXPENSES
The conference agreement provides $39,950,000 for the
Grain Inspection, Packers and Stockyards Administration instead
of $44,746,000 as proposed by the House and $44,475,000 as
proposed by the Senate.
The conference agreement includes $4,500,000, to remain
available until expended, for a study on the issues surrounding
a ban on packer ownership. The conferees direct the Secretary
to report the findings within 24 months of enactment.
The conference agreement includes $500,000, as proposed
by the House, to establish a cooperative relationship with the
Missouri, Iowa, and Illinois Corn Growers Associations to
conduct a pilot program for development of production
protocols.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The conference agreement provides $42,463,000 as proposed
by the House and Senate.
Office of the Under Secretary for Food Safety
The conference agreement provides $603,000 for the Office
of the Under Secretary for Food Safety as proposed by the House
instead of $780,000 as proposed by the Senate.
Food Safety and Inspection Service
The conference agreement provides $759,759,000 for the
Food Safety and Inspection Service, as proposed by the Senate,
instead of $755,793,000 as proposed by the House. The conferees
direct that no less than $649,802,000 of the total is for
Federal food safety inspection, as proposed by the Senate,
instead of $679,097,000 for Federal food safety and inspection,
as proposed by the House. The conference agreement fully funds
the budget request.
The conference agreement includes $5,000,000 to remain
available through fiscal year 2004, to hire no fewer than 50
FTEs for enforcement of the Humane Methods of Slaughter Act
(HMSA) through full-time ante-mortem inspection, particularly
unloading, handling, stunning, and killing of animals at
slaughter plants. The conferees also support the ongoing
activities of the 17 District Veterinary Medical Specialists
and expect that their mission be limited to HMSA enforcement.
Further, the conferees also direct the General Accounting
Office to review and report to the Appropriations Committees by
July 1, 2003, on the scope and frequency of HMSA violations,
and provide recommendations on the extent to which additional
resources for inspection personnel, training, and other agency
functions are needed to properly regulate slaughter facilities
in the area of HMSA enforcement.
The conference agreement includes the following amounts.
Food Safety and Inspection Service, funding by activity
(In thousands of dollars)
Food Safety Inspection:
Federal............................................. 679,502
State............................................... 49,702
International....................................... 16,110
Codex Alimentarius...................................... 2,573
FAIM.................................................... 11,872
--------------------------------------------------------
____________________________________________________
Total............................................. 759,759
========================================================
____________________________________________________
Federal Food Inspection................................. 649,082
Import/Export Inspection................................ 12,767
Laboratory Services..................................... 38,440
FAIM.................................................... 8,005
Grants to States........................................ 43,672
Special Assistance to State Programs.................... 5,220
Codex Alimentarius...................................... 2,573
--------------------------------------------------------
____________________________________________________
Total............................................. 759,759
========================================================
____________________________________________________
Office of the Under Secretary for Farm and Foreign Agricultural
Services
The conference agreement provides $622,000 for the Office
of the Under Secretary for Farm and Foreign Agricultural
Services as proposed by the House instead of $899,000 as
proposed by the Senate.
The conferees are concerned that little progress has been
made in implementing Sec. 3013 of P.L. 107-171 and direct the
Under Secretary to take action to implement this provision as
soon as possible this fiscal year.
Farm Service Agency
SALARIES AND EXPENSES
The conference agreement provides $976,738,000 for the
Farm Service Agency as proposed by the House instead of
$986,913,000 as proposed by the Senate.
STATE MEDIATION GRANTS
The conference agreement provides $4,000,000 for State
Mediation Grants, as proposed by both the House and Senate.
DAIRY INDEMNITY PROGRAM
The conference agreement provides $100,000 for the Dairy
Indemnity Program, as proposed by both the House and the
Senate.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
The following table reflects the conference agreement:
Farm Ownership Loans:
Direct.............................................. ($130,000,000)
Subsidy............................................. $15,093,000
Guaranteed..........................................($1,000,000,000)
Subsidy............................................. $7,500,000
Farm Operating Loans:
Direct.............................................. ($605,000,000)
Subsidy............................................. $104,423,000
Unsubsidized guaranteed.............................($1,700,000,000)
Subsidy............................................. $53,890,000
Subsidized guaranteed............................... ($400,000,000)
Subsidy............................................. $47,200,000
Indian tribe land acquisition........................... ($2,000,000)
Subsidy............................................. $179,000
Boll weevil eradication................................. ($100,000,000)
Subsidy............................................. $0
ACIF expenses:
Salaries and expenses (transfer to FSA)............. $279,176,000
Administrative expenses............................. $8,000,000
Risk Management Agency
The conference agreement provides $70,708,000 for the
Risk Management Agency as proposed by the Senate instead of
$70,726,000 as proposed by the House.
CORPORATIONS
Federal Crop Insurance Corporation Fund
The conference agreement provides an appropriation of
such sums as may be necessary for the Federal Crop Insurance
Corporation Fund (estimated to be $2,886,000,000 in the
President's fiscal year 2003 Budget Request), as proposed by
both the House and Senate.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
The conference agreement provides an appropriation of
such sums as may be necessary for Reimbursement for Net
Realized Losses of the Commodity Credit Corporation (estimated
to be $16,285,000,000 in the President's fiscal year 2003
Budget Request), as proposed by both the House and Senate.
Hazardous Waste Management
(LIMITATION ON EXPENSES)
The conference agreement provides a limitation of
$5,000,000 for Hazardous Waste Management, as proposed by both
the House and Senate.
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
The conference agreement provides $750,000 for the Office
of the Under Secretary for Natural Resources and Environment as
proposed by the House instead of $902,000 as proposed by the
Senate.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The conference agreement provides $825,004,000 for
Conservation Operations instead of $843,553,000 as proposed by
the House and $840,002,000 as proposed by the Senate.
The conference agreement includes Senate bill language
that prohibits funds in this account from being used to provide
technical assistance for farm bill programs.
The conference agreement provides $23,500,000 for the
grazing lands conservation initiative as proposed by the Senate
instead of $21,500,000 as proposed by the House.
The conferees direct NRCS to treat Congressional earmarks
as additions to the States' funding allocation.
Projects identified in House Report 107-275, House Report
107-623, Senate Report 107-223, and those identified on pages
S384-S386 of the Congressional Record of January 15, 2003 that
were directed to be funded for fiscal year 2003 are not funded
in fiscal year 2003, unless specifically mentioned herein: Sand
Mountain Water Quality Project (AL)--$200,000; Central AL/
Birmingham Water Quality Conservation Initiative--$150,000;
Update and digitize soil surveys in north Alabama--$250,000;
obtain and evaluate materials for cold region seeds of plants
in conjunction w/ Alaska Division of Agriculture--$350,000;
Native Plant Materials (AK) (evaluating and developing)--
$350,000; Kenai Streambank Restoration (AK) water project--
$450,000; Natural resources/rural assistance activities/SWCD
(AK)--$1,500,000; Juneau and Glennallen (AK) Offices--$250,000;
Staff for each SWCD Public Info and assistance in rural AK--
$500,000; Kodiak and Dillingham (AK) offices--$500,000; Seward/
Resurrection River (AK) watershed project technical
assistance--$1,000,000; Harding Lake (AK)--$300,000; Southwest
Strategy (AZ/NM)--$150,000; National Water Management Center
(AR)--$2,750,000; Little Red River Irrigation Project--
$375,000; Walnut Bayou (AR) Irrigation Project--$300,000;
Contra Costa County (CA) Watershed Surveys--$375,000; East
Valley Conservation District/Santa Ana Watershed Authority (CA)
Plant Removal--$1,000,000; Agricultural Non-point source water
quality--San Luis Obispo County (CA) Farm Bureau--$84,000;
Monterey Bay Sanctuary--$600,000; Expand cooperative efforts
with Delaware State for plant materials--$290,000; Pilot
projects for technology systems resulting in nutrient reduction
(FL/NC)--$3,000,000; Manatee (FL) Agriculture Reuse System--
$2,000,000; Lake Okeechobee (FL) Watershed project planning--
$500,000; Georgia Soil and Water Conservation Commission
Cooperative Agreement--$2,100,000; Georgia Agricultural Water
Conservation Initiative--$1,500,000; PMC for Native Plants to
clean up the Island of Kahoolawe (HI)--$120,000; Molokai (HI)
Agriculture Community Committee--$250,000; Idaho One Plan
(ID)--$200,000; Little Wood River (ID) Irrigation District
delivery system--$1,750,000; Conversion to sprinkler irrigation
(ID)--$1,000,000; Trees Forever Program (IL)--$100,000; Embrass
River/Shad Lake (IL)--technical assistance; Illinois River
Basin--EQIP; Waynewood (IL) drainage project--$400,000; Hungry
Canyon/Loess Hills Erosion Control/Western Iowa--$1,200,000;
Trees Forever Program (IA)--$100,000; CEMSA with Iowa Soybean
Association--$300,000; Soil erosion control cost-share program/
soil survey program (KY)--$3,000,000; Environmental study/
geological investigation--Rockhouse Creek-Leslie (KY)--
$200,000; Knott County (KY) technical assistance--$250,000;
Boone County (KY) conservation projects--$300,000; Kenton
County (KY) flood prevention--$250,000; Technical assistance to
provide grants to Soil Conservation Districts--$800,000; Dairy
waste remediation--Lake Ponchartrain (LA) Basin--$100,000;
Lincoln Parish (LA) stormwater/conservation management
program--$650,000; St. John the Baptist Parish (LA) Lakes bank
retention project--$450,000; False River (LA) sedimentation
project--$150,000; Chesapeake Bay activities--$6,000,000;
Conservation related to cranberry production (MA/WI)--$600,000;
Weed It Now--Taconic Mountains (MA/NY/CT)--$200,000; Great
Lakes pilot program for conservation--$500,000; Franklin County
(MS) Lake technical assistance--$1,500,000; Mississippi Delta
Water Resources Study-- $750,000; continuation of Sharkey (MS)
soil classification pilot project; Squirrel Branch Drainage
Project (MS)--$250,000; Delta Conservation Demonstration
Center, Washington County (MS)--$1,425,000; Soil erosion with
Alcorn State (MS)--$175,000; Cattle and nutrient management in
stream crossings (MS)--$1,000,000; Choctaw County (MS)
feasibility study for surface impoundment--$100,000; Jamie
Whitten PMC--$275,000; Wildlife Habitat Management Institute
(MS)--$6,459,000; Humphrey's County (MS) Hospital flood
protection--$400,000; Drainage improvements, Petal (MS)--
$500,000; Drainage improvements on Watkins Drive, Jackson
(MS)--$100,000; Drainage improvements, Port Gibson (MS)--
$300,000; Drainage improvements, Mount Olive (MS)--$150,000;
Drainage improvements, Meridian (MS)--$500,000; Rankin County
(MS)--$300,000; Establish Upper White River Water Quality
Project Office in southern Missouri $355,000; Jefferson River
(MT) watershed $400,000; Watershed planning project (MT)--
$1,500,000; Lake Tahoe Basin Soil Conservation Project (NV/
CA)--$400,000; Lake Tahoe Basin area soil survey (NV/CA)--
$200,000; State conservation cost share program (NJ)--$900,000;
Westchester County (NY) SWCD--$350,000; Pastureland Management/
Rotational Grazing (NY)--$500,000; Best management practices/
Skaneateles and Owasco Watersheds (NY)--$250,000; Address non-
point pollution in Onondaga Lake Watershed (NY)--$250,000;
Beaver Swamp Brook project (NY) implementation and
environmental restoration--$300,000; Phase II/Watershed
Agriculture Council in Walton (NY)--$650,000; Technical
assistance to livestock/poultry industry (NC)--$500,000; Red
River Flood Prevention/Energy and Environmental Research Center
(ND)--$1,500,000; Maumee Watershed Hydrological Study and Flood
Mitigation Plan (OH)--$1,000,000; Oregon Garden, Silverton
(OR)--$325,000; Cooperative agreement with Marion County (OR)
for native seed project $50,000; Increased technical assistance
(OR)--$1,000,000; Address drought-related issues (RI)--
$150,000; GIS-based model to integrate commodity and
conservation (SC)--$800,000; Study to characterize land use
change while preserving natural resources in cooperation with
Clemson University (SC)--$800,000; Bexar, Medina, Uvalde
Counties irrigation in Edwards Aquifer (TX)--$500,000; Field
office telecommunications pilot program/advanced soil survey
methods (TX)--$1,500,000; Leon River restoration project (TX)--
$500,000; Range vegetation pilot project, Ft. Hood (TX)--
$500,000; AFO/CAFO Pilot Project (UT)--$250,000; Dry Creek/
Neff's Grove project (UT)--$300,000; Reduce phosphorus loading
into Lake Champlain (VT)--$300,000; Walla Walla (WA) watershed
alliance--$500,000; Design/implement natural stream restoration
initiatives (WV)--$500,000; Soil survey geographic database in
the Mid-Atlantic Highlands (WV)--$200,000; Poultry Litter
Composting (WV)--$160,000; Potomac and Ohio River Basin Soil
Nutrient Project (WV)--$300,000; Appalachian Small Farmer
Outreach Program (WV)--$860,000; Potomac Headwaters (WV)--
$550,000; Grazing Lands Initiative/Wisconsin Department of
Agriculture--$550,000; Global Environment Management Education
Center at Stevens Point (WI)--$2,000,000; Examine benefits of
using vegetative buffers with the University of Wisconsin-
Madison--$500,000; Conservation land internship program (WI)--
$120,000; Study benefits of using nutrient management plans
with the University of Wisconsin-Madison--$500,000; Soil survey
mapping project (WY)--$300,000; Audubon at Home Pilot Program--
$500,000; Great Lakes Basin Program for Soil and Erosion
Sediment--$2,500,000; Watershed management demo program/NPPC--
$600,000; National Fish and Wildlife Foundation Partnerships--
$3,000,000; and, source water protection project, as a
reimbursable agreement with Farm Service Agency, to States that
show the greatest need--$1,000,000.
The conferees direct the agency to maintain a national
priority area under the guidelines of the Environmental Quality
Incentives Program in the Delta of the State of Mississippi.
The conference agreement includes $500,000 to the Walla
Walla (WA) Watershed Alliance to partner with the NRCS and
assist watershed planning entities in the development of
Comprehensive Irrigation District Management Plans by engaging
irrigators, landowners, and other stakeholders in the watershed
initiative; developing and demonstrating model farm and land
management plans; and monitoring results.
The conference agreement provides $3,000,000 for the
continued implementation for innovative technology systems to
be managed by Farm Pilot Project Coordination, Inc. as proposed
by the House. The Secretary is directed to release these funds
after submitting a report that a satisfactory cooperative
agreement between the NRCS and Farm Pilot Project Coordination,
Inc. has been consummated. The conference agreement does not
include $150,000 for this activity as proposed by the Senate.
WATERSHED SURVEYS AND PLANNING
The conference agreement provides $11,197,000 for
Watershed Surveys and Planning as proposed by the House instead
$10,960,000 as proposed by the Senate.
WATERSHED AND FLOOD PREVENTION OPERATIONS
The conference agreement provides $110,000,000 for
Watershed and Flood Prevention Operations as proposed by the
House instead of $105,000,000 as proposed by the Senate.
The conferees expect the Department to give consideration
for financial and technical assistance to the following: Upper
Petit Jean (AR); Askalmore dam (MS); and Attoyac Bayou (TX).
WATERSHED REHABILITATION PROGRAM
The conference agreement provides $30,000,000 for the
Watershed Rehabilitation Program as proposed by the Senate. The
House bill contained no such provision.
The conferees direct that funding be provided for
rehabilitation of structures determined to be of high priority
need as proposed by the Senate.
RESOURCE CONSERVATION AND DEVELOPMENT
The conference agreement provides $51,000,000 for
Resource Conservation and Development instead of $55,079,000 as
proposed by the House and $50,000,000 as proposed by the
Senate.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
The conference agreement provides $640,000 for the Office
of the Under Secretary for Rural Development as proposed by the
House instead of $898,000 as proposed by the Senate.
The conferees encourage the Secretary to consider a
commercial off-the-shelf automated collateral management system
for loan origination and servicing to prevent fraudulent
practices including losses associated with inflated appraisals.
The conference agreement does not include $200,000 as
proposed by the House for a National Groundwater Association
study. The conference agreement includes $200,000 for the
National Groundwater Association to fund a pilot program
involving inspector training and certification relative to
proper well construction, maintenance, sampling and ensuring
the overall safety of private wells in rural areas.
RURAL COMMUNITY ADVANCEMENT PROGRAM
The conference agreement provides $907,737,000 for the
Rural Community Advancement Program (RCAP) instead of
$950,298,000 as proposed by the House and $867,176,000 as
proposed by the Senate.
The conference agreement adopts Senate language providing
$30,000,000 for rural and native villages in Alaska.
The conference agreement provides $18,333,000 for
technical assistance grants for rural water and waste systems.
The conferees provide bill language that of the funds
provided for technical assistance for rural water and waste
systems, $5,513,000 be designated for Rural Community
Assistance Programs.
The conference agreement adopts language setting aside
$12,100,000 for the circuit rider program.
The conference agreement adopts Senate language setting
aside $25,000,000 for facilities in rural communities with
extreme unemployment and severe economic depression.
The conference agreement adopts Senate language setting
aside $30,000,000 for grants in rural communities with
extremely high-energy costs.
The conferees provide $1,000,000 to carry out a
demonstration program on replicating and creating cooperatives
for home based health care and expect the Department to provide
this service to historically under served communities.
The following table indicates the distribution of funding
for the RCAP:
Community Facilities.................................... $96,800,000
Business-Cooperative Development........................ 87,720,000
Water and Waste......................................... 723,217,000
--------------------------------------------------------
____________________________________________________
Total............................................... 907,737,000
Earmarks:
Federally Recognized Native American Tribes......... 24,000,000
Rural Community Development Initiative.............. 7,000,000
Technical Assistance for Rural Transportation....... 250,000
Delta Regional Authority............................ 2,000,000
Colonias............................................ 25,000,000
Alaska Villages..................................... 30,000,000
Technical Assistance................................ 18,333,000
Circuit Rider....................................... 12,100,000
EZ/EC and REAP...................................... 37,624,000
Economic impact initiative grants................... 25,000,000
High energy costs grants............................ 30,000,000
CF Grant Tribal Colleges............................ 4,000,000
Rural Health Cooperatives........................... 1,000,000
RCAP................................................ 5,513,000
The conferees expect the Department to give consideration
to the following entities for RCAP grants and/or loans: the
University of New Orleans for wetland aquatic plants; Berkeley
County (WV) Public Service Water District Project; rural
cooperative development grant for peanut marketing
cooperatives; distance learning and telemedicine broadband
grant from the Mississippi Economic Growth Alliance and Point
of Presence, Inc.; water and waste disposal loan and grant for
the City of Oxford (MS); rural business enterprise grant for
Bosque (TX); and Delaware Bay and River Authority (NJ).
RURAL DEVELOPMENT SALARIES AND EXPENSES
The conference agreement provides $145,736,000 for Rural
Development Salaries and Expenses as proposed by the House
instead of $127,502,000 as proposed by the Senate.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
The conference agreement provides a total subsidy of
$305,517,000 for activities under the Rural Housing Insurance
Fund Program Account instead of $303,567,000 as proposed by the
House and $282,523,000 as proposed by the Senate. The
conference agreement provides for an estimated loan program
level of $5,844,862,000 instead of $4,551,457,000 as proposed
by the House and $3,932,173,000 as proposed by the Senate.
The conference agreement provides for a transfer of
$432,374,000 to salaries and expenses instead of $434,980,000
as proposed by the House and $455,630,000 as proposed by the
Senate.
The conference agreement adopts Senate bill language
regarding how Section 515 program funds may be used.
The conference agreement adopts House bill language
regarding funding for the Section 515 program.
The conference agreement adopts Senate bill language
regarding the 502 unsubsidized guaranteed program.
The following table indicates loan and subsidy levels
provided in the conference agreement:
Rural Housing Insurance Fund Program Account:
Loan authorizations:
Single family (sec. 502)............................($1,044,000,000)
Unsubsidized guaranteed......................... (4,528,000,000)
Rental housing (sec. 515)........................... (115,805,000)
Multi-family housing guar (sec. 538)................ (100,000,000)
Housing repair (sec. 504)........................... (35,000,000)
Credit sales of acquired property................... (12,000,000)
Site loans (sec. 524)............................... (5,046,000)
Self-help housing land development fund............. (5,011,000)
--------------------------------------------------------
____________________________________________________
Total, Loan authorizations...................... (5,844,862,000)
========================================================
____________________________________________________
Loan subsidies:
Single family (sec. 502)............................ 202,350,000
Unsubsidized guaranteed......................... 32,600,000
Rental housing (sec. 515)........................... 54,000,000
Multi-family housing guar. (sec. 538)............... 4,500,000
Housing repair (sec. 504)........................... 10,857,000
Credit sales of acquired property................... 934,000
Site loans (sec. 524)............................... 55,000
Self-help housing land development fund............. 221,000
--------------------------------------------------------
____________________________________________________
Total, Loan subsidies........................... 305,517,000
========================================================
____________________________________________________
RHIF administration expenses (transfer to RD)........... 432,374,000
RENTAL ASSISTANCE PROGRAM
The conference agreement provides $726,000,000 for the
Rental Assistance Program instead of $722,000,000 as proposed
by the House and $730,000,000 as proposed by the Senate.
MUTUAL AND SELF-HELP HOUSING GRANTS
The conference agreement provides $35,000,000 for Mutual
and Self-Help Housing Grants as proposed by the House and
Senate.
RURAL HOUSING ASSISTANCE GRANTS
The conference agreement provides $42,498,000 for Rural
Housing Assistance Grants as proposed by the House instead of
$47,498,000 as proposed by the Senate.
The conference agreement does not adopt Senate bill
language regarding Demonstration Housing Grants.
FARM LABOR PROGRAM ACCOUNT
The conference agreement provides $36,307,000 for the
Farm Labor Program Account instead of $38,000,000 as proposed
by the House and $34,615,000 as proposed by the Senate.
The conference agreement provides $17,647,000 for loan
subsidies, and $18,661,000 for grants of which $15,578,000 is
for farm labor housing grants and $3,082,000 is for grants for
migrant and seasonal farm workers.
Rural Business--Cooperative Service
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
The conference agreement provides $40,000,000, the same
as proposed by both the House and Senate.
The conference agreement adopts House language providing
for a transfer of $4,190,000 to salaries and expenses instead
of $4,290,000 as proposed by the Senate.
RURAL COOPERATIVE DEVELOPMENT GRANTS
The conference agreement provides $9,000,000 for Rural
Cooperative Development Grants, the same as proposed by both
the House and Senate.
The conference agreement adopts Senate language for
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
The conference agreement provides $14,967,000 for Rural
Empowerment Zones and Enterprise Communities Grants as proposed
by the House and Senate.
Rural Utilities Service
Rural Electrification and Telecommunications Loans Program Account
The conference agreement provides a total subsidy of
$12,458,000 for activities under the Rural Electrification and
Telecommunications Loans Program Account. The conference
agreement provides for an estimated loan program level of
$5,566,132,000 as proposed by the Senate instead of
$4,516,136,000 as proposed by the House.
The conference agreement adopts Senate bill language that
provides guaranteed underwriting loans.
The conference agreement adopts House language providing
for a transfer of $37,833,000 to salaries and expenses instead
of $38,035,000 as proposed by the Senate.
The following table indicates loan and subsidy levels
provided in the conference agreement:
Rural Electrification and Telecommunications Loans
Program Account:
Loan authorizations:
Electric:
Direct, 5 percent................................... ($121,103,000)
Direct, Muni........................................ (100,000,000)
Direct, FFB......................................... (2,600,000,000)
Direct, Treasury rate............................... (1,150,000,000)
Guaranteed.......................................... (100,000,000)
Guaranteed underwriting............................. (1,000,000,000)
--------------------------------------------------------
____________________________________________________
Subtotal........................................ (5,071,103,000)
========================================================
____________________________________________________
Telecommunications:
Direct, 5 percent................................... (75,029,000)
Direct, Treasury rate............................... (300,000,000)
Direct, FFB......................................... (120,000,000)
--------------------------------------------------------
____________________________________________________
Subtotal........................................ (495,029,000)
Total, loan authorizations...................... (5,566,132,000)
Loan subsidies:
Electric:
Direct, 5 percent................................... 6,915,000
Direct, Muni........................................ 4,030,000
Guaranteed.......................................... 80,000
--------------------------------------------------------
____________________________________________________
Subtotal........................................ 11,025,000
Telecommunications:
Direct, 5 percent................................... 1,283,000
Direct, Treasury rate............................... 150,000
--------------------------------------------------------
____________________________________________________
Subtotal........................................ 1,433,000
Total, loan subsidies........................... 12,458,000
RETLP administrative expenses (transfer to RD).......... 37,833,000
RURAL TELEPHONE BANK PROGRAM ACCOUNT
The conference agreement provides $174,615,000 for the
Rural Telephone Bank Program Account as proposed by the Senate
instead of $174,638,000 as proposed by the House.
The conference agreement provides for a transfer of
$3,082,000 to salaries and expenses as proposed by the House
and Senate.
DISTANCE LEARNING AND TELEMEDICINE PROGRAM
The conference agreement provides $56,941,000 for the
Distance Learning and Telemedicine Program instead of
$44,128,000 as proposed by the House and $51,941,000 as
proposed by the Senate.
The conference agreement provides for an estimated loan
program level of $300,000,000 for distance learning and
telemedicine and $80,000,000 for broadband telecommunications.
The conference agreement provides $10,000,000 in grants
to support broadband transmission and local dial-up Internet
services for rural areas as proposed by the Senate.
The conference agreement provides $42,813,000 for
distance learning and telemedicine grants and grants for
translators to broadcast digital signals.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
The conference agreement provides $603,000 for the Office
of the Under Secretary for Food, Nutrition and Consumer
Services as proposed by the House instead of $774,000 as
proposed by the Senate.
The conference agreement includes $125,000,000 for a
contingency fund for the Special Supplemental Nutrition Program
for Women, Infants, and Children (WIC), as proposed by the
Senate, instead of $150,000,000 as proposed by the House.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
The conference agreement provides $10,580,169,000 for
Child Nutrition Programs as proposed by the Senate instead of
$10,576,169,000 as proposed by the House.
Included in this amount is an appropriated amount of
$5,834,506,000 and a transfer from section 32 of
$4,745,663,000. Within the appropriated amount, the conferees
provide $3,300,000 for a school breakfast pilot program, of
which no less than $1,000,000 is for Wisconsin, as proposed by
the Senate. The House had no similar provision. The conferees
note that of the appropriated funds provided in the Child
Nutrition Programs $200,000 for one-time costs is to be
directed to the Common Roots Program, as proposed by the
Senate. The House had no similar provision. The conferees
provide $500,000, as proposed by the Senate, for one-time costs
associated with the establishment of the Child Nutrition
Archive Resource Center at the National Food Service Management
Institute. The House had no similar provision.
The conference agreement includes a provision prohibiting
use of funds for studies and evaluations as proposed by the
House. The Senate had no similar provision. The conference
agreement does not include language regarding limits on and
transfers of funds for studies and evaluations, as proposed by
the Senate.
The conference agreement includes a general provision to
expand the number of low-income children in child care centers
who receive meals through the Child and Adult Care Feeding
Program, as proposed by the Senate. The House had no similar
provision.
The conference agreement provides the following for Child
Nutrition programs:
TOTAL OBLIGATIONAL AUTHORITY
Child Nutrition Programs:
School lunch program................................ $6,074,648,000
School breakfast program............................ 1,660,870,000
Child and adult care food program................... 1,904,494,000
Summer food service program......................... 334,686,000
Special milk program................................ 16,449,000
State administrative expenses....................... 133,583,000
Commodity procurement and computer support.......... 435,334,000
School meals initiative/Team nutrition.............. 10,025,000
Coordinated review effort........................... 5,080,000
Food safety education............................... 1,000,000
School breakfast pilot project...................... 3,300,000
Common Roots Program................................ 200,000
Child Nutrition Archive Center...................... 500,000
--------------------------------------------------------
____________________________________________________
Total........................................... $10,580,169,000
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
The conference agreement provides $4,696,000,000 for the
Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC) instead of $4,776,000,000 as proposed by the
House and $4,751,000,000 as proposed by the Senate. Of the
total, the conference agreement provides $125,000,000 for a
reserve account, to remain available until expended, as
proposed by the Senate, instead of $150,000,000, available
through fiscal year 2004, as proposed by the House.
The conference agreement includes a provision prohibiting
use of funds for studies and evaluations, except as
specifically provided, as proposed by the House. The Senate had
no similar provision. The conference agreement does not include
language regarding limits on and transfers of funds for studies
and evaluations, as proposed by the Senate.
The conferees provide $25,000,000 for the farmers' market
nutrition program, as proposed by the both the House and
Senate, but do not direct that the funds be obligated within 45
days in bill language, as proposed by the Senate. The conferees
strongly urge the Secretary to make these funds available as
soon as possible after enactment.
The conference agreement provides $2,000,000 for the
evaluation of WIC vendor practices, as proposed by the House
and Senate.
FOOD STAMP PROGRAM
The conference agreement provides $26,313,692,000 for the
food stamp program as proposed by the House instead of
$26,289,692,000 as proposed by the Senate. Included in this
amount is a reserve of $2,000,000,000.
The conference agreement includes a provision prohibiting
use of funds for studies and evaluations as proposed by the
House. The Senate had no similar provision. The conference
agreement does not include language regarding limits on and
transfers of funds for studies and evaluations, as proposed by
the Senate.
The conference agreement includes a provision allowing
for purchase of bison meat, in an amount not to exceed
$3,000,000, for the Food Distribution Program on Indian
Reservations (FDPIR), instead of not to exceed $4,000,000, as
proposed by the Senate. The House had no similar provision.
COMMODITY ASSISTANCE PROGRAM
The conference agreement provides $164,500,000 for the
Commodity Assistance Program, instead of $170,000,000, as
proposed by the House, and $167,000,000 as proposed by the
Senate. Included in that amount is $50,000,000 for
administration of The Emergency Food Assistance Program
(TEFAP), as proposed by the House, instead of $55,000,000 as
proposed by the Senate. The conference agreement includes a
general provision that provides the Secretary with authority to
transfer up to $10,000,000 from TEFAP commodity purchase to
administration, which includes processing, storage, transport
and distribution.
The conferees provide $114,500,000 for the Commodity
Supplemental Food Program, instead of $120,000,000, as proposed
by the House, and $107,000,000 as proposed by the Senate.
The conference agreement does not include $5,000,000 for
senior farmers' market activities, as proposed by the Senate.
The House had no similar provision. The conferees note that the
Department provides $15,000,000 for the senior farmers' market
program through the Commodity Credit Corporation pursuant to
P.L. 107-171.
The conference agreement does not include a provision on
state requests related to the TEFAP program, as proposed by the
Senate. The House had no similar provision.
FOOD DONATIONS PROGRAMS
The conference agreement provides $1,081,000 for Food
Donations Programs, as proposed by the House and Senate. The
conferees have acceded to the administration's proposal to
transfer the Nutrition Services Incentives Program to the
Department of Health and Human Services. The conferees expect
these funds to be used only for meals, that they not be
transferred to fund other activities and that state matching
requirements will not be applied to the program. The conferees
also expect that the ability of states to request commodities
in lieu of cash will be retained.
FOOD PROGRAM ADMINISTRATION
The conference agreement provides $136,560,000 for Food
Program Administration, instead of $134,397,000 as proposed by
the House and $136,865,000 as proposed by the Senate. Included
in this amount is not less than $7,500,000 to improve integrity
in the Food Stamp Program and Child Nutrition Program, instead
of $8,500,000 as proposed by the House and $11,000,000 as
proposed by the Senate.
The conferees have provided a $3,195,000 increase for
studies and evaluations to be carried out by the Department.
The conferees direct the Department to report to the Committees
on Appropriations on the studies and evaluations to be carried
out. This information should include a comprehensive list of
planned studies, including the intent and funding level of each
study, and the time frame during which each study will be
carried out. The conferees direct the agency to submit a
summary of each study to the Committees on Appropriations when
completed.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
The conference agreement provides $129,948,000 for the
Foreign Agricultural Service instead of $129,964,000 as
proposed by the House and $131,198,000 as proposed by the
Senate.
The conference agreement provides $5,049,000 for E-
Government, and an increase of $1,000,000 for the Cochran
Fellowship Program.
Public Law 480 Title I and Title II Program and Grant Accounts
The conference agreement provides $116,171,000 for Title
I loan subsidies for a loan level of $154,664,000 as proposed
by the Senate.
The conference agreement provides $25,159,000 for Ocean
Freight Differential as proposed by the Senate.
The conference agreement provides $1,200,000,000 for
Public Law 480 Title II as proposed by the House instead of
$1,185,000,000 as proposed by the Senate.
The conference agreement does not include House bill
language that requires the Secretary to submit a plan on the
use of $350,000,000 of Title II funds.
The following table reflects the conference agreement for
Public Law 480 program accounts:
Public Law 480
Title 1--Program account:
Loan authorization, direct.......................... ($154,664,000)
Loan subsidies...................................... 116,171,000
Ocean freight differential.......................... 25,159,000
Title II--Commodities for disposition abroad:
Program level....................................... (1,200,000,000)
Appropriation....................................... 1,200,000,000
Salaries and expenses:
Foreign Agricultural Service (transfer to FAS)...... 1,033,000
Farm Service Agency (transfer to FSA)............... 1,026,000
--------------------------------------------------------
____________________________________________________
Subtotal........................................ 2,059,000
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
The conference agreement provides total appropriations,
including Prescription Drug User Fee Act and Medical Device
User Fee Act collections, of $1,630,727,000 for the salaries
and expenses of the Food and Drug Administration, instead of
$1,599,602,000 as proposed by the House and $1,631,530,000 as
proposed by the Senate, and provides specific amounts by FDA
activity as reflected in the following table.
----------------------------------------------------------------------------------------------------------------
Budget Prescription Medical device
Program authority drug user fees user fees Total
----------------------------------------------------------------------------------------------------------------
Foods....................................... 413,347,000 0 0 413,347,000
Human Drugs................................. 278,067,000 148,604,000 0 426,671,000
Biologics................................... 146,849,000 46,623,000 6,227,000 199,699,000
Animal Drugs and Feeds...................... 88,972,000 0 0 88,972,000
Medical Devices............................. 194,720,000 0 13,965,000 208,685,000
NCTR........................................ 40,688,000 0 0 40,688,000
Rent and Rent-related activities............ 36,498,000 0 416,000 36,914,000
Other Activities............................ 84,685,000 19,871,000 2,926,000 107,482,000
Rental Payments to GSA...................... 98,876,000 7,802,000 1,591,000 108,269,000
Net Appropriation........................... 1,382,702,000 222,900,000 25,125,000 1,630,727,000
----------------------------------------------------------------------------------------------------------------
Resources for the field force of FDA, the Office of
Regulatory Affairs, are included in the program amounts above,
and total $474,315,000. Included are $264,235,000 for foods,
$95,155,000 for human drugs, $30,060,000 for biologics,
$31,097,000 for animal drugs and feeds, and $53,768,000 for
devices. The conferees note that the agency has flexibility in
using its field resources to respond to public health
emergencies within the existing reprogramming requirements and
expect the agency to use that flexibility when necessary.
The conference agreement provides the full budget
authority requested for counter-terrorism activities, which is
an increase of $152,276,000 over the regular fiscal year 2002
appropriation for a total of $159,048,000. The conference
agreement provides increases of $5,000,000 for adverse event
monitoring and reporting and $28,552,000 for pay cost increases
as requested in the President's fiscal year 2003 budget.
The conference agreement makes $25,125,000 in new medical
device user fees available for the agency, as proposed by the
Senate. This provision was not in the House bill, since it
preceded passage of the authorizing legislation. The conference
agreement provides a budget authority increase of $15,199,000
for the device program, which includes $4,000,000 over the
budget request, instead of an increase of $19,199,000, as
proposed by the Senate, and $11,199,000 as proposed by the
House. The device program total including user fees is
$208,685,000, which represents a $29,164,000 increase over the
fiscal year 2002 regular appropriation. The conference
agreement also provides an increase of $6,227,000 in device
user fees for the biologics program. The conferees expect that
these substantial investments will significantly reduce
application review times for medical devices.
The conference agreement funds the generic drugs program
at $44,532,000, an increase of $5,332,000 over the fiscal year
2002 level, and expect the increase provided to be applied to
meeting statutory timeframes for application review. The
generics total includes $750,000 above the budget request,
instead of $1,500,000 as proposed by the Senate and no increase
above the request as proposed by the House. The conferees note
that FDA should continue funding generic drug education
activities at no less than $400,000 and expect increased
consumer education in 2003.
The conference agreement makes $222,900,000 available to
FDA for prescription drug user fees, a $61,184,000 increase
over the amount available in fiscal year 2002. The conference
agreement also makes mammography user fees and export
certification user fees available to the agency.
The conferees do not approve the proposed transfer of the
Offices of Public Affairs and Legislative Affairs out of the
agency and include funding for those offices in the total
provided for this account.
The conferees note the importance of continued support
for the Office of Women's Health, and direct that no less than
$3,000,000 be made available to that office. In addition, the
conferees note that the Food and Drug Administration (FDA) has
responded to the Women's Health Initiative (WHI) by
recommending updated labeling for the entire class of hormone
replacement therapy products. While the conferees believe that
the FDA's action was an important step in the right direction,
the Federal government needs to go even further in
communicating clear and concise information to women and health
professionals about hormone therapy. The conferees encourage
the FDA to partner with medical professional and women's health
groups, as well as other Federal agencies, to conduct a public
awareness outreach campaign about the use of hormone therapy,
including treatment of menopausal symptoms, which was not
addressed in the WHI study.
The conferees provide an increase of $1,000,000 for the
CFSAN Adverse Event Reporting System (CAERS), instead of no
increase as proposed by the House and $2,000,000 as proposed by
the Senate, for a total of $6,600,000. CAERS is designed to
ensure prompt identification of and response to adverse health
events related to foods, including dietary supplements.
The conference agreement also provides an increase of
$250,000 for development of advanced test methods for foods at
New Mexico State University, instead of no increase as proposed
by the House and $503,000 as proposed by the Senate.
The conference agreement includes a total of $8,300,000
for the Unified Financial Management System, as proposed by
both the House and Senate. Theconferees note that any
additional resources for this system are subject to notification and
approval by the Committees on Appropriations.
The conferees direct that at least $2,100,000 of the
funds appropriated for FDA activities be used in support of
Codex Alimentarius activities, as proposed by the Senate.
The conferees are aware that the Department of Health and
Human Services is currently working to ensure that health care
providers and first responders are vaccinated in the event of a
public health emergency. Recognizing that a small percentage of
the population may have an allergic reaction to natural rubber,
the conferees encourage the Secretary to ensure that
alternatives are readily accessible to those individuals
allergic to the gloves normally provided. Additionally, the
conferees are aware that the FDA proposed regulations in 1999
to reclassify all surgeons' and patient examination gloves as
Class II medical devices. The conferees encourage the FDA to
finalize those regulations.
The conferees are aware that the FDA has not finalized
its proposed rule to require manufacturer tracking of blood-
derived products and prompt patient notification of adverse
events, and request a report on the status of the rule by March
1, 2003.
The conferees are aware of concerns regarding the sale of
turtles as pets. The occurrence of Salmonella is frequent in
all reptiles sold as pets, yet the FDA has banned only the sale
of turtles under a certain size. The conferees expect the
agency to respond to citizen petitions on this topic promptly.
The conferees expect a report by March 1, 2003, describing the
current regulation, and the status of the agency's response to
related citizen petitions.
The conferees believe that print advertisements for
pharmaceuticals should present information relating to side
effects, contraindications and the effectiveness of advertised
pharmaceuticals in the format that is most useful to consumers
consistent with existing law. The conferees are aware that FDA
addressed the issue of requirements for print drug
advertisements in an April 2001 draft guidance. The conferees
encourage FDA to work with consumers and industry to revise
this draft guidance as necessary and move towards its
finalization.
The conferees are concerned with the number of
reprogramming proposals submitted for consideration by the FDA,
and would like to remind the Agency that reprogramming requests
should be submitted only in the case of an unforeseeable
emergency, or situation that could not have been predicted when
formulating the budget request for the current fiscal year.
Further, the conferees note that when an agency submits a
reprogramming request to the Committees on Appropriations and
does not receive identical responses from the House and Senate,
it is the responsibility of the agency to reconcile the House
and Senate differences before proceeding, and if reconciliation
is not possible, to consider the reprogramming request
unapproved.
BUILDINGS AND FACILITIES
The conference agreement includes $8,000,000 for
buildings and facilities, as proposed by the House, instead of
$11,000,000, as proposed by the Senate. The conference
agreement fully funds the budget request.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
The conference agreement provides $85,985,000 for the
Commodity Futures Trading Commission, instead of $79,884,000 as
proposed by the House and $93,985,000 as proposed by the
Senate. The total includes $8,815,000 for pay parity, as
authorized in P.L. 107-171, and $700,000 for retention bonuses.
The conferees understand that the Commission has
undertaken an investigation of Enron, its affiliates, and
energy trading by other entities, which has required
significant resources from the agency's enforcement program.
The conferees further understand that the agency's enforcement
staff has devoted the resources of 30 staff members (which is
equivalent to 25 percent of the staff for the Division of
Enforcement), interviewed or taken testimony from at least 170
individuals, and reviewed in excess of 2 million pages of
documents. The conferees direct the Commission to provide a
report on its activities in this area prior to the fiscal year
2004 appropriations hearings.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The conference agreement includes a limitation of
$38,400,000 on administrative expenses of the Farm Credit
Administration (FCA), as proposed by the House, instead of
$38,404,000, as proposed by the Senate.
The conferees recommend an increase in the limitation of
FCA's administrative expenses to allow the FCA flexibility to
deal with hiring and retention issues. This flexibility would
allow the FCA Board to make adjustments to the budget, if
necessary. The conferees understand that this action will not
result in an increase in the amount of assessments on system
institutions during the current fiscal year. The conferees
request a report on the outcome of the FCA study related to
hiring and retention needs, including the actual limitation
amount necessary, the amount of carryover funds in FCA's
reserve, and the change, if any, in the amount of the
assessments on system institutions.
TITLE VII--GENERAL PROVISIONS
House and Senate Section 703.--The conference agreement
deletes the old Section 703 authorizing research and service
work under the Bankhead-Jones Act.
House Section 736.--The conference agreement (Section
703) authorizes employment pursuant to the Department of
Agriculture Organic Act of 1944 and 5 U.S.C. 3109.
House and Senate Section 704.--The conference agreement
(Section 704) retains the existing general provision regarding
unobligated balance transfers to the Working Capital Fund.
House and Senate Section 705.--New obligational authority
language.
House and Senate Section 713.--The conference agreement
(Section 713) gives permanent authority to the Agricultural
Marketing Service, the Grain Inspection, Packers and Stockyard
Administration, the Animal and Plant Health Inspection Service,
and the Food Safety & Inspection Service to use cooperative
agreements, notwithstanding chapter 63 of title 31, United
States Code.
House and Senate Section 720.--The conference agreement
(Section 720) modifies Subsection (c) to include ``the
Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading
Commission.'' The conferees are seriously concerned by the
growing frequency of departmental and agency initiatives for
which the required prior notification to the Committees on
Appropriations has not been provided. The conferees note the
efficiencies which attach to the least possible statutory
requirements and the benefits which accrue to the more flexible
Congressional direction expressed in Committee reports.
However, the continuing practice of reliance on Committee
report language must be accompanied by departmental and agency
compliance with Congressional directives. Section 720 of this
Act, and similar language included in previous acts, provide
detailed guidelines to the U.S. Department of Agriculture, the
Food and Drug Administration, and the Commodity Futures Trading
Commission for those activities that require prior notification
to the Congress. Such notification was not provided in the
recent release of Section 32 funds for the creation of a
Livestock Compensation Program; the establishment of a Faith-
Based and Community Initiatives Center; the improper use of
Conservation Operations funds for the implementation of Farm
Bill programs; and other similar violations of statutory
reprogramming and prior notification requirements. The
conferees expect full compliance with Section 720 in the areas
of state office collocations, administrative and information
technology convergence, and all other activities that fall
within the scope of that section. The conferees also expect
that no reprogramming of funds occur in the absence of an
emergency or not as a consequence of unforeseen events.
Further, the conferees note that when an agency submits a
reprogramming request to the Committees on Appropriations and
does not receive identical responses from the House and Senate,
it is the responsibility of the agency to reconcile the House
and Senate differences before proceeding, and if reconciliation
is not possible, to consider the reprogramming request
unapproved.
House and Senate Section 721.--The conference agreement
(Section 721) does not include the date change as proposed by
the House.
House and Senate Section 722.--The conference agreement
(Section 722) does not include the date change as proposed by
the House.
House and Senate Section 726.--The conference agreement
(Section 726) provides $3,000,000 for Bill Emerson and Mickey
Leland Hunger Fellowships.
House Section 728.--The conference agreement (Section
728) provides $26,499,000 for Section 375 (e)(6)(B) of the
Consolidated Farm and Rural Development Act.
House Section 729 and 743, and Senate Section 732.--The
conference agreement (Section 729) combines these sections and
includes the cities of Coachella, CA, Dunkirk, NY, Starkville,
MS, Shawnee, OK, and Berlin, New Hampshire.
House Section 730, 748, and 751.--The conference
agreement (Section 730) considers the cities of Hollister,
Salinas, and Watsonville, CA; Caldwell, ID; Casa Grande, AZ;
Aberdeen, SD; and Vicksburg, MS, as meeting the requirements of
a rural area in section 520 of the Housing Act of 1949.
House Section 731.--The conference agreement (Section
731) directs that watershed and flood prevention financial and
technical assistance shall be provided to DuPage County, IL,
Waynewood Drainage Improvement Project, not to exceed
$1,600,000.
House Section 732.--The conference agreement (Section
732) adds language that allows any current Rural Utilities
Service borrower within 100 miles of New York City to be
eligible for additional financing, refinancing, collateral
flexibility, and deferrals.
House Section 733.--The conference agreement does not
include additional funding for payments of livestock losses to
producers and deletes this section.
House Section 734.--The conference agreement (Section
733) prohibits any transfer of funds appropriated in this Act
except as authorized by this or any other appropriation Act.
Senate Section 729.--The conference agreement (Section
734) prohibits the closure or relocation of the Food and Drug
Administration Division of Pharmaceutical Analysis in St.
Louis, Missouri, outside the city or county limits.
Senate Section 730.--The conference agreement does not
include language that prohibits funding the salary of anyone
violating the ``Buy America Act.''
Senate Section 731.--The conference agreement (Section
735) amends Section 17(a)(2)(B) of the Richard B. Russell
National School Lunch Act by striking ``2002'' and inserting
``2003''.
Senate Section 733.--The conference agreement does not
provide funds for demonstration housing grants in Wisconsin.
Senate Section 734.--The conference agreement (Section
736) directs the Natural Resources Conservation Service to
provide financial and technical assistance to Embarras River
Basin, Lake County Watersheds, and DuPage County, Illinois, in
the Watershed and Flood Prevention Operations program.
Senate Section 735.--The conference agreement (Section
737) gives the Secretary authority to use up to 20 percent of
the amount provided to carry out a competitive grants program
under section 401 of the Agricultural Research, Extension, and
Education Reform Act of 1998.
Senate Section 736.--The conference agreement (Section
738) provides watershed and flood prevention financial and
technical assistance to the Upper Tygart Valley Watershed, to
include 100 percent of the engineering assistance and 75
percent cost share for installation of water supply components.
Senate Section 737.--The conference agreement (Section
739) authorizes the Department of Agriculture to use any
unobligated salaries and expenses funds to reimburse the Office
of General Counsel for representing such agencies in the
resolution of complaints by employees before the Equal
Employment Opportunity Commission and other employment dispute
agencies.
Senate Section 738.--The conference agreement (Section
740) prohibits the use of funds appropriated by this Act to pay
the salaries of personnel to carry out section 14(h)(1) of the
Watershed Protection and Flood Prevention Act.
Senate Section 739.--The conference agreement (Section
741) prohibits the use of funds appropriated by this Act to pay
the salaries of personnel to carry out subtitle I of the
Consolidated Farm and Rural Development Act.
Senate Section 740.--The conference agreement (Section
742) prohibits the use of funds appropriated by this Act to pay
the salaries of personnel to carry out section 6405 of Public
Law 107-171.
Senate Section 741.--The conference agreement (Section
743) prohibits the use of funds appropriated by this Act to pay
the salaries of personnel to carry out section 9010 of P.L.
107-171 that exceeds 77 percent of the payment that would
otherwise be paid to eligible producers.
Senate Sections 742 and 743.--The conference agreement
(Section 744) combines these sections and authorizes watershed
and flood prevention operations financial and technical
assistance for the Kuhn Bayou (Point Remove) project in AR, and
the Matanuska River erosion control project in AK.
Senate Section 744.--The conference agreement (Section
745) amends the Food for Progress Act of 1985.
Senate Section 745.--The conference agreement (Section
746) rescinds $795,400 under the Cooperative State Research,
Education, and Extension Service, Buildings and Facilities
appropriation.
Senate Section 746.--The conference agreement (Section
747) prohibits funds in excess of $20,000,000 that have been
appropriated in fiscal year 2003 or preceding years as
authorized under the Agricultural Trade Development and
Assistance Act of 1954, to be used to reimburse the Commodity
Credit Corporation for the release of eligible commodities
under the Bill Emerson Humanitarian Trust Act.
Senate Section 747.--The conference agreement (Section
748) authorizes financial and technical assistance to the Dry
Creek/Neff's Grove project, UT, and the Jefferson River
Watershed, MT.
Senate Section 748.--The conference agreement (Section
749) includes a provision regarding the Denali Commission.
Senate Section 749 and House Section 752.--The conference
agreement (Section 750) rescinds $5,000,000 of experimental
Rural Clean Water Program funds.
Senate Section 750.--The conference agreement (Section
751) includes language regarding Alaska's dairy and milk
industry.
Senate Section 751.--The conference agreement does not
authorize the transfer of funds from the Food and Nutrition
Service to the Economic Research Service to conduct studies or
evaluations.
Senate Section 752.--The conference agreement (Section
752) includes language regarding the Ogonowski farm.
Senate Section 753.--The conference agreement (Section
753) provides the Secretary of Agriculture with authority to
authorize employees of the Department to carry and use firearms
for personal protection while conducting field work in remote
locations.
House Section 735 and Senate Section 754.--The conference
agreement (Section 754) provides not more than $28,000,000 for
the Export Enhancement Program in fiscal year 2003.
House Section 737.--The conference agreement does not
include a general provision limiting the alteration and repair
of buildings.
House Section 738.--The conference agreement does not
include language regarding citrus canker. This matter is
addressed in Division N of this conference agreement.
House Section 739.--The conference agreement does not
include House Section 739 regarding the release of sensitive
information. The Senate had no similar provision. The conferees
fully expect that all departments and agencies for which
funding is made available by this Act give careful scrutiny to
the release of information in order to ensure adequate
protections are maintained for all departmental and agency
personnel. The conferees do not imply that there should be a
disruption of routine agency reporting of program activities
directed either through statute or agency practice, but that
general safeguards should be in place to ensure security for
all facilities and personnel.
House Section 740.--The conference agreement (Section
755) makes the municipality of Carolina, Puerto Rico, eligible
for grants and loans of the Rural Utilities Service.
House Section 741.--The conference agreement (Section
756) includes language prohibiting the use of funds to carry
out section 7404 of P.L. 107-171. This prohibition will allow
the Department to conduct its assessment of a National Academy
of Sciences study that was released on December 10, 2002. The
conferees agree that any similar study must be thoroughly
justified prior to any expenditure of funds.
House Section 742.--The conference agreement (Section
757) authorizes the Agricultural Marketing Service and the
Grain Inspection, Packers and Stockyards Administration, to
purchase interest-bearing investments outside of Treasury
without posting them as obligations and outlays in the records
of the agency as long as they are insured and/or
collateralized.
House Section 744 and Senate Section 728.--The conference
agreement (Section 758) provides up to $10,000,000 for costs
associated with the distribution of commodities under the Food
Stamp Act of 1977.
House Section 745.--The conference agreement (Section
759) includes the House provision regarding a Wetlands Reserve
Acreage limitation.
House Section 746.--The conference agreement (Section
760) includes the House provision regarding an Environmental
Quality Incentives Program limitation.
House Section 747.--The conference agreement does not
include a Conservation Security Program limitation.
House Section 749.--The conference agreement does not
include a general provision concerning the consolidation of the
Food and Drug Administration Office of Public Affairs and
Office of Legislation.
House Section 753.--The conference agreement does not
include a limitation on contracts with corporations in tax
haven countries.
Senate Section 755.--The conference agreement (Section
761) includes language regarding the Rural Electrification
Administration loan program.
Senate Section 756.--The conference agreement does not
include language regarding the restoration of fish, wildlife,
and associated habitats in watersheds of certain lakes.
Senate Section 757.--The conference agreement (Section
762) provides $250,000,000 for assistance for emergency relief
activities and makes the funds available through September 30,
2004.
Senate Section 758.--The conference agreement (Section
763) includes language regarding oilseeds.
Senate Section 759.--The conference agreement (Section
764) amends section 524 of the Federal Crop Insurance Act by
changing ``may'' to ``shall'' in regards to a grant to the
Northeast Center for Food Entrepreneurship at the University of
Vermont.
Senate Section 760 and House Section 750.--The conference
agreement (Section 765) includes language regarding the
Agricultural Adjustment Act of 1938.
Senate Section 761.--The conference agreement does not
include language expressing the Sense of the Senate regarding
conservation technical assistance. The House had no similar
provision. The conferees very strongly concur with an opinion
issued by the General Accounting Office (GAO) on October 8,
2002, that conservation technical assistance for a number of
Farm Bill conservation programs should be provided from funds
of the Commodity Credit Corporation and that use of
Conservation Operations appropriations for that purpose is
contrary to law. Elsewhere in this Act, language is provided
consistent with the legal finding of the GAO on this issue. The
conferees direct the Administration to reconsider immediately
its position in order to prevent USDA from being responsible
for making impossible the delivery of conservation programs
necessary for protection of this nation's natural resources.
Senate Section 762.--The conference agreement (Section
766) extends the time period for certain Rural Housing Service
funds.
Senate Section 763.--The conference agreement includes
language (Section 767) relating to corn acreage.
Senate Section 764.--The conference agreement does not
include Senate section 764 expressing the Sense of the Senate
regarding international humanitarian food assistance. The
conferees note the worsening conditions in many nations where
adverse weather, social upheaval, warfare, and other causes
have placed millions of people in dire threat of starvation. In
addition, increased commodity prices have further strained the
resources for food aid made available through direct
appropriations. The conferees direct the Secretary of
Agriculture to give immediate attention to the growing risk and
reality of this global tragedy, as witnessed in Africa and
other continents, and make use of existing authorities of the
Commodity Credit Corporation to assist in food assistance to
those areas. In addition, the Secretary should consult with the
President on the need to submit an emergency supplemental
request to the Congress to make additional resources available
for this purpose.
Senate Section 765.--The conference agreement does not
include language on the sale of milk into California.
The conference agreement (Section 768) rescinds
$11,000,000 of fiscal year 2002 and prior year funds out of
section 523(b)(1)(A) of the Housing Act of 1949.
The conference agreement (Section 769) provides that 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.
The conference agreement (Section 770) includes language
regarding grain warehouses.
The conference agreement (Section 771) includes language
regarding organic standards for meat.
Conference Total--With Comparisons
The total new budget (obligations) authority for the
fiscal year 2003 recommended by the Committee of Conference,
with comparisons to the fiscal year 2002 amount, the 2003
budget estimates, and the House and Senate bills for 2003
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2002... $73,078,443
Budget estimates of new (obligational) authority, fiscal
year 2003........................................... 73,530,527
House bill, fiscal year 2003............................ 74,263,068
Senate bill, fiscal year 2003........................... 74,701,068
Conference agreement, fiscal year 2003.................. 74,391,068
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2002.............................................. +1,312,625
Budget estimates of new (obligational) authority,
fiscal year 2003.................................. +860,541
House bill, fiscal year 2003........................ +128,000
Senate bill, fiscal year 2003....................... -310,000
DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS, 2003
TITLE I
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The conference agreement recommends a total of
$100,579,000 for General Administration for fiscal year 2003.
This account supports the development of policy objectives and
the overall management of the Department of Justice. The
recommendation provides inflationary adjustments to maintain
the current operating level in fiscal year 2003, and includes
an increase of $2,000,000 as requested for the Office of
Intelligence Policy and Review (OIPR) to address the increase
in Foreign Intelligence Surveillance Act (FISA) requests. The
conferees expect OIPR to provide quarterly briefings to the
Committees on Appropriations beginning April 1, 2003 on FISA-
related activities, issues, and compliance with Congressional
directives. The conferees expect that of the funding being
transferred to the Department of Homeland Security from General
Administration, that $3,000,000 shall be used for the chemical
plant vulnerability assessments as authorized under Public Law
106-40.
The conferees direct the Justice Department to submit a
report to the Committees on Appropriations by June 27, 2003
assessing physical security needs of all domestic and foreign
installations. The conferees also direct the Attorney General
to submit a report to the Committees on Appropriations no later
than June 4, 2003, that includes cost estimates and timelines
for developing an International Law Enforcement training
academy in Mexico in one of the following states: Chiapas,
Durango, Oaxaca, or Yucatan.
The conferees are aware that the Justice Department
intends to cap the reimbursement per employee for professional
liability insurance (PLI) at $50, a cut of up to $65, due to
``budget shortfalls''. The conferees are unaware of any
shortfalls. The Justice Department is directed to reimburse
employees for the full amount policy allows for PLI. The
Assistant Attorney General for Administration is directed to
issue a circular to components to that effect and to confirm by
letter, with circular attached, to the Committees on
Appropriations that this directive has been implemented.
The conferees are not satisfied with the efforts of the
Justice Department and the State Department to repatriate
criminal aliens. A recent Supreme Court decision held that
criminal aliens cannot be detained indefinitely. The conferees
are concerned that potentially violent criminal aliens will be
released into the United States because efforts to repatriate
these individuals have been unsuccessful. The conferees
therefore include bill language directing the Attorney General
to notify the Secretary of State in each instance when a
foreign country denies or unreasonably delays, under section
243 of the Immigration and Nationality Act, the repatriation of
a criminal alien who is a citizen, subject, national or
resident of that country. The conferees believe that this
language will equip the Secretary of State and the Attorney
General with the legal authority to prevent the release of
violent criminal aliens in the United States.
The conferees support the Department's efforts to develop
a unified financial management system which will bring the
Justice Department into compliance with Federal Financial
Management Improvement Act accounting system standards and
security requirements. The conferees are aware that the unified
financial management system is an eligible purpose for retained
earnings in the Working Capital Fund and direct the Justice
Department to use $8,900,000 in retained earnings during FY
2003 for this purpose. The conferees believe that Working
Capital Fund retained earnings should be used for specific
projects rather than being used to meet recurring costs, such
as audit contract expenses.
Consistent with the report submitted to the Committees on
Appropriations in May 2002 regarding the number of containers
used for storage of classified information, the conference
agreement includes necessary sums to continue efforts to
replace locks used to store classified information.
The Department is directed to submit a report to the
Committees on Appropriations by June 1, 2003 regarding the
feasibility of making Foreign Agents Registration Act
information available on line to the public, as is data from
the Lobbying Disclosure Act.
The conferees remind the Department and its components
that the use of recoveries is subject to the requirements
included in section 605 of this Act.
The conferees include bill language carried in previous
years regarding the position and workyear limits for the
Offices of Public Affairs and Legislative Affairs, and include
language, carried in previous years, which (1) makes up to
$3,317,000 of this appropriation available until expended for
the Departmental building, renovation, maintenance, and
security needs; (2) specifies the amount of funding provided
for the Department Leadership Office; and (3) authorizes the
Attorney General to transfer property to state or local
government agencies to support community-based health and
safety programs.
JOINT AUTOMATED BOOKING SYSTEM
The conference agreement includes $15,973,000 for the
continued deployment of a Joint Automated Booking System
(JABS). The conferees have not adopted the Administration's
request to combine JABS activities with the ongoing integration
of the Immigration and Naturalization Service's IDENT
fingerprint system with the Federal Bureau of Investigation's
IAFIS fingerprint system (IDENT/IAFIS). Funding for IDENT/IAFIS
activities is provided under a separate account. The conferees
expect JABS incentive funds to be distributed to the component
or components making the best progress in installing and
operating the system.
This funding level enables Justice Department law
enforcement components--the U.S. Marshals Service, the Federal
Bureau of Investigation, the Drug Enforcement Administration,
and the Bureau of Prisons--to share arrest information using a
common information technology platform. The Immigration and
Naturalization Service, now part of the Department of Homeland
Security (DHS), is directed to continue participating in JABS.
The Attorney General and the Secretary of Homeland Security
shall submit a report to the Committees on Appropriations by
June 27, 2003 to determine if other DHS law enforcement
components should participate in JABS. The report should
include expected operations and maintenance costs, and an
assessment of whether state and local law enforcement agencies
should have access to JABS. JABS is a secure information system
that has automated the booking process, allowing law
enforcement agencies to electronically share criminal data to
improve criminal identification response times and avoid
duplication of booking data entry.
AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM/INTEGRATED IDENTIFICATION
SYSTEM INTEGRATION
The conferees recommend $9,000,000 for continued
integration of the FBI Automated Biometric Identification
System and the INS Integrated Automated Fingerprint
Identification Systems (IDENT/IAFIS). As noted previously, the
conferees do not adopt the Administration's request to
establish an Identification Systems Integration account. Of the
amount provided, $1,000,000 is for a pilot program for software
for IAFIS that is capable of expedited background checks and
that is capable of ten fingerprint to less than ten fingerprint
comparisons. This funding level will enable IDENT/IAFIS to be
deployed to additional sites, and will provide other
refinements to, and planning for, the system. The Department of
Justice, in cooperation with the Department of Homeland (DHS),
is directed to provide a cost and operational effectiveness
analysis, complete with implementation milestones, to the
Committees on Appropriations by June 27, 2003. This report
should determine if other DHS law enforcement components should
participate in this ongoing integration effort.
LEGAL ACTIVITIES OFFICE AUTOMATION
The conference agreement includes $15,942,000 in direct
appropriations for Legal Activities Office Automation (LAOA).
In addition, the conferees direct that an additional
$61,185,000 be derived from a transfer from the Working Capital
Fund, to provide a total of $77,127,000 for LAOA activities.
This account centrally funds the acquisition, deployment,
and maintenance of Legal Activities Office Automation (LAOA)
systems, the largest components of which are the Justice
Consolidated Network and the Justice Consolidated Office
Network. Funding provided supports ongoing computer
modernization programs for the legal divisions, including the
Antitrust Division, the Executive Office for Immigration
Review, the Community Relations Service, and General Legal
Activities. This year, the conference agreement directs that
the Bureau of Prisons and Office of Justice Programs begin
efforts to migrate onto this network.
The conference agreement includes bill language to
provide for expenses related to design, development,
engineering, acquisition, and implementation of office
automation systems. The recommendation also includes language
modified from language carried in previous Appropriations acts
regarding the list of participating components.
NARROWBAND COMMUNICATIONS
The conference agreement includes a total of $101,757,000
for Narrowband Communications, including direct appropriations
of $81,354,000 and $20,403,000 in recoveries. The conferees
note that $68,043,000 remains unobligated in this account from
prior year appropriations, and that funds for new and
replacement radios and related costs are also provided in the
modular costs allotted to each of the law enforcement
components. New bill language is included directing the
Attorney General to transfer these modular costs to the
Narrowband account to ensure that funding provided for radios
is not diverted for other uses.
The conferees expect the Department to continue
implementation of a consolidated, interagency Justice Wireless
Network (JWN) to meet component needs and improve wireless
capabilities, as such an approach will enhance interoperability
and reduce costs associated with narrowband conversion. Amounts
provided will be used to continue implementation of the JWN,
operate and maintain legacy systems, expand the use of
commercial services, and support the Wireless Management Office
(WMO). The conferees continue to expect the Department to
accommodate narrowband requirements without significant
additional new resources. The conferees direct the WMO to
continue to submit status reports to the Committee as directed
in Public Law 106-553, to include an operational plan for
expenditure of funds.
The Department shall provide a report to the Committees
on Appropriations by June 27, 2003 regarding the use of radios
and any deficiencies noted by Justice law enforcement
components during the events of September 11, 2001. The
conferees continue to support extensive efforts underway at the
Office of Justice Programs regarding the interoperability of
State and local law enforcement radios. The Department is
directed to determine, in coordination with the National
Institute of Justice, if there are interoperability solutions
that have been developed for state and local law enforcement
that could be applicable to Federal law enforcement
communication needs. No funding is provided under this account
for the Public Safety Wireless Information Network (PSWIN).
Instead, the conferees expect the Department's participation in
the PSWIN program and Project SAFECOM to be funded within the
resources provided under the Office of Justice Programs, after
consultation with the Committees on Appropriations.
The conferees recommend bill language, as carried in
previous years, regarding the costs of conversion to narrowband
communications, and the costs of operating and maintaining land
mobile radio legacy systems.
COUNTERTERRORISM FUND
The conference agreement includes $1,000,000 for the
Counterterrorism Fund to cover extraordinary costs associated
with a terrorist threat or incident. This level, when combined
with current unobligated balances and recoveries of
$49,281,000, ensures a total level of $50,281,000 for fiscal
year 2003.
The Counterterrorism Fund was established in the 1995
Supplemental Appropriations Act after the bombing of the Alfred
P. Murrah Federal Building in Oklahoma City, and is under the
control and direction of the Attorney General. These funds may
be used to reimburse any Department of Justice organization for
the costs incurred from the reestablishment of an office or
facility damaged or destroyed as a result of a domestic or
international terrorist incident, and to cover extraordinary
expenses necessary to counter, investigate, or prosecute
domestic or international terrorism activities. The Attorney
General is required to notify the Committees on Appropriations
in accordance with section 605 of this Act prior to obligation
of any funds from this account.
The conferees recommend bill language, carried in
previous Appropriations acts, which makes funds available: (1)
for costs incurred in reestablishing the operational capacity
of an office or facility damaged or destroyed by a terrorist
incident; and (2) for support to counter, investigate, or
prosecute terrorism, including payments of rewards and
detention costs in connection with these activities.
ADMINISTRATIVE REVIEW AND APPEALS
The conference agreement includes $191,535,000 for
Administrative Review and Appeals. Of the total amount
provided, $189,713,000 is for the Executive Office of
Immigration Review (EOIR), and $1,822,000 is for the Pardon
Attorney. This level includes an increase of $8,000,000 to
address the growing immigration judge workload as a result of
increases in Immigration and Naturalization Service enforcement
activities.
The Attorney General is directed to submit a report to
the Committees on Appropriations by April 30, 2003, regarding
the implementation of the changes to the Bureau of Immigration
Appeals process announced by the Attorney General August 23,
2002.
This appropriation supports the EOIR, which includes the
Board of Immigration Appeals, Immigration Judges, and
Administrative Law Judges who decide through administrative
hearings on the admission or exclusion of aliens seeking to
enter the country, and the transportation and adjustment of
status of aliens whose status has been challenged; and the
Office of the Pardon Attorney, which receives, investigates and
considers petitions for all forms of Executive clemency.
DETENTION TRUSTEE
The conference agreement includes $1,366,591,000 for the
Federal Detention Trustee. This amount includes transfers of
$592,985,000 from the Immigration and Naturalization Service
and $773,606,000 from the Federal Prisoner Detention account.
Within 45 days of enactment of this Act, the Trustee is
directed to report to the Committees on Appropriations
regarding the appropriateness of transferring to the Trustee
any U.S. Marshals Service and Immigration and Naturalization
Service personnel involved in procuring detention space.
The conferees are aware that a number of States have
excess prison capacity. Therefore, the Detention Trustee is
directed to use existing State prison capacity if it meets
Federal standards and is cost effective. In addition, the
conferees direct the Detention Trustee, in collaboration with
the Bureau of Prisons and the Office of Justice Programs, to
submit a plan to the Committees on Appropriations by April 30,
2003, to evaluate the health and safety of Federal prisoners in
non-Federal institutions. The conferees also urge the Detention
Trustee to continue its efforts with the Federal Judicial
Center regarding alternatives to detention.
The recommendation also includes $1,000,000 for
development of the National Repository. The conferees direct
the Department's Chief Information Officer to assist the
Detention Trustee in establishing this clearinghouse as quickly
as possible. The Committees on Appropriations expect to be
regularly briefed on progress in establishing this repository.
The Detention Trustee shall report to the Committees on
Appropriations regarding its aircraft replacement procurement
strategy not later than 180 days after enactment of this Act.
Section 114 of Public Law 106-113 directs that health
care services provided for individuals in the custody of the
U.S. Marshals Service (USMS) and the Immigration and
Naturalization Service (INS) shall not exceed the lesser of the
amount that would be paid for a similar service under Medicare
and Medicaid. The conferees direct the Detention Trustee to
review the impact that this language has had on the delivery of
health care services. The review shall include: (1) an analysis
of the cost of providing health care to individuals in USMS and
INS custody of the Federal Prison System, including
transportation and security costs; (2) the impact section 114
has had on the availability of the health care services
throughout the country to individuals in the custody of the
Department; and (3) any recommended changes to USMS, INS, FPS
policies to ensure that individuals in the custody of the
Department have access to necessary health care services at
affordable rates. The conferees expect that the study will be
funded by the affected components. The Detention Trustee shall
submit its review to the Committees on Appropriations no later
than 180 days after the enactment of this Act.
The conferees include bill language, modified from the
request, which provides for the transfer of funding from the
Detention Trustee to the USMS or to the Immigration Enforcement
and Border Affairs account. The Committee also (1) recommends
language carried in previous years regarding the authorities of
the Detention Trustee; (2) modifies language previously carried
regarding the construction of detention facilities; (3)
provides that unobligated balances available in prior years
from funds appropriated to the Federal Prisoner Detention
account be transferred to the Detention Trustee account; and
(4) directs that the Detention Trustee and the Bureau of
Prisons develop a plan for evaluating the health and safety of
Federal prisoners in non-Federal facilities.
Office of Inspector General
The conference agreement includes $57,937,000 for the
Office of Inspector General. The recommended level includes a
$2,000,000 increase to address additional responsibilities
resulting from P.L. 107-56.
The Office of Inspector General conducts and supervises
audits and investigations relating to the programs and
operations of the Department of Justice, and keeps the Attorney
General and Congress informed about problems and deficiencies
relating to the administration of such programs and activities.
As the Nation's chief law enforcement agency, it is essential
that the motives and actions of the Justice Department be above
reproach. The conferees urge the Inspector General to be
sensitive to such concerns and to continue to ensure the
integrity and fairness of Justice Department management
processes and Federal law enforcement efforts.
The conference agreement includes bill language providing
up to $10,000 to meet unforeseen emergencies and for the
acquisition and operation of motor vehicles.
United States Parole Commission
SALARIES AND EXPENSES
The conference agreement includes $10,488,000 for the
U.S. Parole Commission for fiscal year 2003.
The Commission is an independent body within the
Department of Justice that makes decisions regarding requests
for parole and supervision of Federal and District of Columbia
(D.C.) Code prisoners. As a result of legislation that
established sentencing guidelines, the Parole Commission is
phasing down its Federal operations. In August 1998, the
Commission assumed jurisdiction over D.C. felony prisoners and
D.C. Code parolees. When the D.C. Board of Parole ceased to
exist, the Commission inherited a parole revocation caseload
with a significant backlog of warrant requests and revocation
hearings. In a May 2002 report to the Committee, the Attorney
General reported that the Commission is responsible for
conducting hearings and making parole decisions for over 3,000
Federal inmates; supervising about 4,000 Federal offenders
currently on parole; and rendering parole revocation decisions
for nearly 1,000 Federal offenders every year. The Commission
also conducts hearings and adjudicates parole decisions for
more than 7,000 eligible D.C. offenders who committed their
crimes before August 5, 2000.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The conference agreement includes $611,325,000 for
General Legal Activities for fiscal year 2003. This
appropriation supports the Attorney General through the
establishment of litigation policy, conduct of litigation, and
various other legal responsibilities. The distribution of
funding provided is as follows. The conferees remind the legal
divisions that changes to these levels are subject to section
605 requirements in this Act.
General Legal Activities
[In thousands of dollars]
2003 appropriation
Solicitor General....................................... $7,706
Tax Division............................................ 75,520
Criminal Division....................................... 129,766
Civil Division.......................................... 207,718
Environment and Natural Resources....................... 70,814
Office of Legal Counsel................................. 5,474
Civil Rights Division................................... 105,099
Interpol-USNCB.......................................... 8,862
Office of Dispute Resolution............................ 366
--------------------------------------------------------
____________________________________________________
Total............................................. $611,325
Criminal Division.--The conference agreement provides a
total of $129,766,000, 810 positions and 822 workyears for the
Criminal Division, to address cyber-terrorism, foreign legal
assistance, foreign counterintelligence, and white collar
crime. The Criminal Division is directed to submit a report to
the Committee by May 2, 2003, on the $4,800,000 enhancement
provided in Public Law 107-117 to coordinate international
legal activities related to the September 11, 2001 terrorist
attacks.
Civil Division.--The recommendation provides a total of
$207,718,000, 1,042 positions and 1,063 workyears for the Civil
Division. Included in this amount is an increase of $10,000,000
for administrative expenses associated with the September 11th
Victim Compensation program. The conferees direct the Office of
the Special Master and the Civil Division to submit a report to
the Committee by July 7, 2003 containing an update on the
status of awards provided from the September 11th Victims
Compensation Fund.
The conferees include bill language carried in previous
Appropriations acts allowing the Attorney General to provide
additional resources to the Civil Division, if emergent
circumstances warrant, through transfers of funds from other
Department of Justice sources. The conference agreement
includes $23,388,000 in funding available to the Department
through the Working Capital Fund for the requested tobacco and
other litigation activities. The conferees also include
$1,996,000 for administrative expenses associated with the
Radiation Exposure Compensation Act (RECA) of 1990, as amended.
This program was established, in accordance with RECA, to
permit the payment of claims to individuals exposed to
radiation as a result of atmospheric nuclear tests and uranium
mining. Previously, these funds had been appropriated under a
separate account. New language is included in this bill
reflecting that funding is now being provided under the Civil
Division. The conferees expect the Civil Division to absorb any
additional requirements for processing RECA claims from other
resources available to the Civil Division.
The conferees do not include requested programmatic
increases for the Commercial Litigation section. Any additional
requirements may be covered within existing resources through
the regular reprogramming process. The funding level
recommended for the Civil Division includes the requested
reduction of $1,762,000, reflecting improvements achieved as a
result of the Torts Litigation Division's use of automated
litigation support.
Civil Rights Division.--The conferees include
$105,099,000, 753 positions and 755 workyears, the full amount
requested, for the Civil Rights Division to enforce voting
rights, disability rights, and other civil rights policies.
Trafficking.--An estimated 1 to 2 million people are
trafficked each year worldwide, with women and children making
up at least 700,000 of this total. It is estimated that 50,000
of these women and children are trafficked into the United
States annually by crime rings and loosely connected criminal
networks. The Department of Justice is directed to provide a
report to the Committees on Appropriations by May 9, 2003,
regarding the Department's litigation and law enforcement
efforts to combat trafficking in persons.
Courtroom technology.--The amounts provided include
$5,200,000 for courtroom technology to be distributed among the
divisions on the basis of need.
The conference agreement includes bill language, similar
to that included in previous fiscal years, which: (1) allows up
to $20,000 for expenses of collecting evidence; (2) makes up to
$10,000,000 for litigation support contracts available until
expended; (3) makes up to $1,000 available to the INTERPOL-
USNCB for reception and representation expenses; and (4) allows
the Attorney General to transfer funds to address emergent
circumstances in the Civil Division. The conferees also
recommend bill language, included in previous Appropriations
acts under a separate heading, for administrative expenses in
accordance with RECA. The recommendation does not include
requested bill language making a portion of funds for certain
activities available until expended.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
The conference agreement includes a reimbursement of
$4,028,000 for fiscal year 2003 from the Vaccine Injury
Compensation Trust Fund to cover the Department of Justice's
expenses associated with litigating cases under the National
Childhood Vaccine Injury Act of 1986.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The conference agreement provides $133,133,000 for the
Antitrust Division as proposed by the Senate, instead of
$134,295,000 as proposed by the House. This amount will be
offset with Hart-Scott-Rodino fee collections, regardless of
the year of collection, resulting in no direct appropriations.
The Conferees understand that due to changes in the Hart-
Scott-Rodino fee structure and a reduction in merger activity
that the number of pre-merger filings requiring review declined
by 76 percent between fiscal year 2000 and fiscal year 2002. In
light of this decline in filings, the Conferees direct the
Antitrust Division to submit a financial and performance plan
to the Committees on Appropriations within 60 days of enactment
of this Act. The plan shall outline how the Division intends to
vigorously enforce our nation's antitrust laws.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The conference agreement provides $1,503,767,000 for the
U.S. Attorneys. This appropriation supports the Executive
Office of U.S. Attorneys and the 94 U.S. Attorneys Offices,
which serve as the principal litigators for the U.S. Government
for criminal, civil, and debt collection matters.
Corporate Fraud.--To aggressively prosecute cases of
corporate fraud, the conference agreement includes an increase
of $13,000,000 to support the Justice Department's Corporate
Fraud Task Force.
Intermodal Security Pilot Project.--The conferees
recommend $5,000,000 for Project Seahawk, an Intermodal
Security pilot project, to be coordinated by the Office of the
U.S. Attorneys. The U.S. Attorneys are directed to provide a
spend plan to the Committees on Appropriations not later than
March 15, 2003.
Legal Education.--The conference agreement provides
$18,842,000 for legal education and distance learning at the
National Advocacy Center (NAC), and if merited, the NAC may
expand or include antiterrorism, cybercrime and financial
investigation classes. The conferees also include an increase
of $6,000,000 to expand distance learning capabilities at the
NAC.
U.S. Attorneys Anti-Terrorism Task Forces.--The conferees
note that the Joint Terrorism Task Forces, which were
established in 1980 and have since grown to be active in each
of the 56 FBI field offices, include representatives of local,
State, and Federal law enforcement, including U.S. Attorneys,
as well as other relevant participants from each community. The
conferees believe that the Joint Terrorism Task Forces should
play the lead Federal coordinating role with respect to multi-
agency counterterrorism efforts, and that the U.S. Attorneys
should continue to participate in these Task Forces rather than
maintain a separate set of U.S. Attorneys task forces.
Violent crime task forces.--The conference agreement
includes an additional $1,500,000 within available resources to
continue and expand task force activities associated with
Operation Streetsweeper.
Cybercrime and Intellectual Property Enforcement.--
Twenty-five percent of the software produced in the United
States has been copied illegally in violation of U.S. copyright
laws. The estimate of lost revenue to such industries exceeds
$300 billion annually. Therefore, the agreement includes
$10,000,000 for the continued pursuit of Federal copyright law
violations and software counterfeiting crimes. The U.S.
Attorneys shall report to the Committees on Appropriations by
April 30, 2003, on the number, type and location of copyright
prosecutions undertaken in the preceding year, including those
under Public Law 105-147.
The conferees also include bill language, similar to that
included in previous fiscal years, which: (1) makes up to
$2,500,000 for debt collection purposes available through
fiscal year 2004; (2) makes available up to $8,000 for official
reception and representation expenses; (3) makes up to
$10,000,000 for automated litigation support contracts
available until expended; (4) provides not to exceed $2,500,000
for the operation of the National Advocacy Center to remain
available until expended; and (5) specifies the number of
positions and workyears provided for the United States
Attorneys.
UNITED STATES TRUSTEE SYSTEM FUND
The conference agreement provides $155,736,000 for the
United States Trustees, to be funded entirely from offsetting
collections, instead of $159,161,000 as proposed by the House
and $150,381,000 as proposed by the Senate. The Conferees
understand that this account has $5,399,000 in prior year
unobligated balances previously appropriated to the Trustee.
The Conferees direct that these balances be used to offset this
account's fiscal year 2003 operational requirements.
The conference agreement includes $750,000 for the
Bankruptcy Training Center at the National Advocacy Center, in
support of the Trustees' continuing education program.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The conference agreement includes $1,136,000 for the
Foreign Claims Settlement Commission for fiscal year 2003.
The Commission settles claims of American citizens
arising out of nationalization, expropriation, or other takings
of their properties and interests by foreign governments.
United States Marshals Service
SALARIES AND EXPENSES
The conference agreement includes $680,474,000 for this
account, instead of $684,174,000 as provided by the House and
$673,146,000 as provided by the Senate. The conference
agreement does not include the table included in the Statement
of Managers accompanying the Senate bill. However, the Marshals
are directed to submit a spend plan to the Committees on
Appropriations by March 30, 2003 for this account that is as
detailed as the Senate table. The conference agreement includes
$3,300,000 for Electronic Surveillance Unit [ESU] recurring
costs, $1,000,000 for hand/leg cuffs, and $10,015,000 for
special assignments.
Warrant Information Network. The conference agreement
includes not less than $2,766,000 (excluding a $500,000
transfer from the Justice Detainee Information System) for the
Warrant Information Network and subscriptions to various
networks and on-line systems. The Marshals, with assistance
from the Justice Department's Chief Information Officer, are
expected to implement the recommendations included the Justice
Department's Inspector General report (03-03) concerning the
Marshal Network and the Warrant Information Network.
Protection of the Judicial Process. The conference
agreement transfers $15,800,0000 for 106 senior Deputy U.S.
Marshals [DUSMs] from the ``Court Security'' account in title
III to this account. The conferees expect DUSMs and physical
security experts to regularly survey courthouses and make
security recommendations to the courts and the Committees on
Appropriations. In addition, the agreement provides $5,650,000
for 40 additional personnel and equipment, as requested, for
the protection of the Judiciary for high threat trials. In
addition, the agreement includes $2,259,000 for 18 positions to
be allocated to those districts with the highest priority
needs.
Courthouse security equipment. The conference agreement
includes $12,061,000 for security equipment, furnishings,
relocations, and telephone systems and cabling to improve
security at the most ill-equipped courthouses. The distribution
of these funds shall be described in the aforementioned spend
plan.
Fugitive apprehensions. The conference agreement includes
increases over the fiscal year 2003 request of $2,268,000 to
fully annualize the two existing fugitive task forces,
$2,916,000 to establish two additional centrally-managed
fugitive task forces in the heartland, and $2,750,000 for ESU
personnel, training, and equipment.
Other. The conference agreement also includes increases
over the fiscal year 2003 request of $1,715,000 to establish a
permanent Marshals Service presence in Jamaica, the Dominican
Republic, and Mexico and $10,424,000 for vehicles. The
conferees encourage the USMS to minimize the financial burden
of Federal court security on State and local jurisdictions to
the degree possible.
CONSTRUCTION
The conference agreement includes $15,126,000 for this
account.
Construction engineering consultants.--The Committee is
aware that the Marshals have been using funds allocated by
Congress for consulting services on construction projects to
pay the federal salaries of nine permanent employees hired in
fiscal year 2000. Apparently, this diversion of funds was
prompted by confusion over terms and dollar amounts used by the
Marshals and Congress. The Conferees expect the salaries of
permanent employees to be paid out of the ``Salaries and
Expenses'' account. The Marshals are directed to report on the
proper execution of the construction engineering funds not
later than 30 days after enactment of this Act.
Billings, MT.--The funds provided for construction for
Billings shall only be available to renovate the Marshals
Service space, including designated prisoner movement and
holding areas, in the existing federal courthouse, space
previously occupied by the Bureau of Indian Affairs. No other
proposals are to be considered.
FEES AND EXPENSES OF WITNESSES
The conference agreement includes $175,645,000 for Fees
and Expenses of Witnesses for fiscal year 2003. This
appropriation, which is considered mandatory for scorekeeping
purposes, provides for fees and expenses of witnesses who
appear on behalf of the Government in cases in which the United
States is a party, including fact and expert witnesses, mental
competency examinations, and witness/informant protection.
Funds are also used to provide private counsel to pay certain
legal expenses of Federal employees. This year, the conferees
also include the costs associated with the U.S. Marshals
Service Witness Protection Program.
The conferees include new bill language regarding the
Witness Protection Program, and include language from previous
Appropriations acts which allows: (1) up to $6,000,000 for
protected witness safesites; (2) up to $1,000,000 for the
purchase and maintenance of armored vehicles for prisoner
transportation; and (3) up to $5,000,000 for installation and
operation of a secure automated network.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The conference agreement includes $9,474,000 for the
Community Relations Service for fiscal year 2003. The agreement
continues a provision that allows the Attorney General to
transfer up to $1,000,000 from funds made available to the
Department of Justice to this account, thereby providing for a
total funding level of up to $10,744,000.
The Community Relations Service was established by Title
X of the Civil Rights Act of 1964 to provide assistance to
communities in resolving disagreements arising from
discriminatory practices.
The conference agreement includes bill language,
identical to that included in previous years, which allows the
Attorney General to provide additional resources for the
Community Relations Service, if emergent circumstances exist,
through the transfer of funds from other Department of Justice
programs, and subject to the requirements of section 605 of
this Act. The conference agreement also includes modified
language, as requested, clarifying the definition of the
activities of the Community Relations Service.
ASSETS FORFEITURE FUND
The conference agreement includes $21,901,000 for the
Assets Forfeiture Fund for fiscal year 2003.
This account provides funds for additional investigative
expenses of the FBI, DEA, and USMS, such as purchase of
evidence, equipping of conveyances, and investigative expenses
leading to seizure. Funds for these activities are provided
from receipts in the Assets Forfeiture Fund resulting from the
forfeiture of assets. Expenses related to the management and
disposal of assets are also provided from these receipts in the
Assets Forfeiture Fund by a permanent indefinite appropriation.
INTERAGENCY LAW ENFORCEMENT
Interagency Crime and Drug Enforcement
The conference agreement includes $372,131,000 for
Interagency Crime and Drug Enforcement (ICDE) for fiscal year
2003. The ICDE program was created in 1982 to ensure a
coordinated, multi-agency approach to attacking and dismantling
high-level drug enterprises. Through its nine regional task
forces, the ICDE program utilizes the combined resources and
expertise of its 11 Federal agency members, in cooperation with
State and local investigators and prosecutors, to target and
destroy major narcotics trafficking and money laundering
organizations. Amounts provided reimburse Department of Justice
components for their costs to participate in ICDE task forces.
Additional funding for non-Justice Department agencies'
participation in ICDE is provided in other Appropriations acts.
It is expected that the Immigration and Naturalization Service
will continue to participate in this effort.
The table below reflects funding levels for each of the
components. The Justice Department is reminded that changes to
these levels are subject to section 605 of this Act.
REIMBURSEMENT BY AGENCY
[In thousands of dollars]
------------------------------------------------------------------------
POS FTE Amount
------------------------------------------------------------------------
DEA.............................. 1,176 1,076 $135,485
FBI.............................. 912 912 118,334
INS.............................. 117 117 16,345
U.S. Marshals Service............ 13 13 2,109
U.S. Attorneys................... 895 851 91,993
Criminal Division................ 18 14 2,078
Tax Division..................... 10 8 982
Administrative Office............ 12 12 4,805
Total........................ 3,153 3,003 372,131
------------------------------------------------------------------------
The conferees have communicated concerns with regard to
the ability of Federal law enforcement to maintain a strong
focus on combating illegal drugs following the FBI's shift of
some 567 agents away from drug investigations. The Committees
on Appropriations approved the FBI's restructuring, and at the
same time requested a comprehensive plan to ensure that all of
the resources available to the Department of Justice to fight
illegal drugs are deployed in priority locations. The
Committees later approved a proposal by the DEA to shift 100 of
its agents and support staff in response to the withdrawal of
FBI agents. The Committee commends the DEA for taking this
action. However, the Committee has yet to receive a
comprehensive drug strategy from the Department, and urges
submission of this plan without further delay.
The conference agreement includes an increase of
$15,000,000 for the Drug Enforcement Administration for their
participation in task force operations. The conferees commend
the management of this program for emphasizing a strong focus
on disrupting and dismantling the major drug trafficking
organizations, and expect that this infusion of DEA agents and
support staff will further enhance these efforts. The conferees
also include an increase of $6,050,000 for needs associated
with OCDETF wiretap investigations generated by the DEA's
Special Operations Division, and an increase of $724,000 for
the U.S. Attorney's to establish an electronic surveillance
tactical group to assist U.S. Attorney's offices in conducting
electronic surveillance. To further the Justice Department's
ability to investigate the links between illegal drugs and
terrorism, an increase of $3,000,000 is provided for additional
financial investigative training and support.
The conferees include bill language, similar to that
included in previous Appropriations acts, which: (1) allows for
inter-governmental agreements with State and local law
enforcement agencies; (2) makes $50,000,000 available until
expended; (3) allows funds to be used under existing
authorities available to participating organizations; and (4)
allows the Attorney General to reallocate unobligated balances
among participating organizations, subject to the reprogramming
procedures described in Section 605 of this Act.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The conference agreement includes $4,234,587,000 for the
Federal Bureau of Investigations (FBI) salaries and expenses
account for fiscal year 2003. This level provides programmatic
increases totaling $491,281,000 to support the FBI's core
missions of counterterrorism, counterintelligence, and
cybercrime. The conferees also include increases to combat
violent crime and white collar crime, and for much needed
information technology enhancements. In addition to the amounts
provided to the FBI in this account, the conferees have
included bill language and additional funding to establish a
new account, the Foreign Terrorist Tracking Task Force (FTTTF).
The following distribution represents the conference
agreement. The conferees remind the FBI that changes in this
distribution are subject to the reprogramming requirements in
section 605 of this Act.
FBI SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Activity POS FTE Amount
------------------------------------------------------------------------
Criminal, Security and Other
Investigations:
Organized Crime Enterprises.. 4,223 4,224 $567,085
White Collar Crime........... 4,120 3,978 516,326
Other Field Programs......... 11,419 10,892 1,678,963
--------------------------------------
Subtotal, Criminal, 19,762 19,094 2,762,374
Security and Other
Investigations............
======================================
Law Enforcement Support:
Training and Recruitment..... 930 912 140,089
Forensic Services............ 789 724 204,434
Information Technology....... 377 344 257,117
Technical Field Support and 669 625 408,040
Services....................
Criminal Justice Services.... 1,902 1,913 208,698
--------------------------------------
Subtotal, Law Enforcement 4,667 4,518 1,218,378
Support...................
Program Direction and 2,018 1,967 253,835
Administration:
--------------------------------------
Total, Direct 26,447 25,579 4,234,587
Appropriations............
------------------------------------------------------------------------
Specific funding increases are provided as follows:
Counterterrorism and Counterintelligence.--The conference
agreement includes increases of $181,431,000 to bolster
counterterrorism and counterintelligence activities of the FBI.
Of this, an increase of $20,000,000 is provided for
intelligence analysts and associated equipment and support; and
an increase of $5,000,000 is to be transferred from the FBI to
the DEA's Special Operations Division (SOD) to ensure continued
collaboration on SOD activities. The FBI is expected to
reinvigorate its participation in this multi-agency task force
in order to strengthen the Justice Department's ability to
investigate links between the sale of illegal drugs and
terrorism. The conferees also include an additional $38,246,000
for NIPC, including $17,221,000 to fund phase II of a three-
phase research and development initiative being run by the
Special Technologies & Applications Unit. The conferees fully
expect the STAU to have occupied 4,000 square feet recently
made available at its new location in Virginia not later than
March 31, 2003. To ensure that these resources are completely
integrated with other information technology improvement
programs underway at the FBI, the FBI Chief Information Officer
is directed to review all ongoing information technology
products and activities of the cyber division, including the
National Infrastructure Protection Center, to ensure that
activities underway are commensurate with the mission of the
FBI, and that the products and techniques being developed are
shared with the FTTTF and other law enforcement agencies, as
appropriate. Finally, the conference agreement includes
$6,804,000 to expand the polygraph program.
Joint Terrorism Task Forces.--The conference agreement
includes an increase of $20,000,000 for the Joint Terrorism
Task Forces (JTTF) which have been successful in enhancing the
coordination of law enforcement at state, local and Federal
levels. The conferees, while supportive of the concept of the
JTTFs, want to ensure that these efforts complement and do not
duplicate other counterterrorism efforts underway at the
Department. Toward that end, the Bureau is directed to submit a
report to the Committees on Appropriations that includes a
thorough discussion of JTTF caseload over the last five years
by type (domestic/foreign), offense(s), and disposition
(referred for prosecution, prosecuted, convicted, etc.) on a
task force by task force basis. The report should also include
an explicit discussion of threats in existing or proposed JTTF
locations. The report shall be delivered not later than April
30, 2003.
Trilogy.--To date, the Committees on Appropriations have
provided the FBI with $457,800,000 for Trilogy, the FBI's three
year information technology upgrade plan. Funding of
$237,000,000, $132,000,000 more than requested, was provided in
Public Law 107-117 to complete the three-year funding stream in
two years and to hasten deployment. The conferees continue to
urge the FBI to deploy Trilogy as quickly as possible while
ensuring the integrity of the program. The fiscal year 2003
level includes an additional $8,000,000 as requested for
Trilogy contractor support. The Bureau shall continue to
provide quarterly status reports to the Committees on
Appropriations regarding Trilogy implementation. In addition,
the FBI CIO is directed to submit a plan to the Committee by
March 31, 2003 for reviewing all of the FBI's some 40 plus
databases, with the goal of removing applications that
haveoutlived their usefulness in order for the FBI to concentrate
resources on the highest priority information technology needs.
Information Technology Infrastructure.--In addition to
the increase provided for Trilogy, the conference agreement
provides increases of $126,776,000 to continue efforts to
provide the FBI with the most modern, efficient and effective
information technology tools to enable it to prevent terrorist
acts and further other critical priorities, including
counterintelligence and cybercrime. Within this amount, the
following increases are provided: $50,300,000 for investigative
data warehousing; $11,000,000 for collaborative capabilities;
$10,000,000 for digital storage and retrieval of documents from
counterterrorism investigations; $17,444,000 for mainframe
upgrades and continuity of operations at FBI headquarters; and
$3,032,000 for secure video teleconferencing. The agreement
also includes an increase of $5,000,000 for data mining. The
conferees are concerned that data mining efforts underway at
the FBI, the DEA and the Foreign Terrorist Tracking Task Force
are not being coordinated or exploited to the fullest extent
possible. Toward that end, the Justice Department is directed
to provide a report to the conferees by June 13, 2003 on
efforts to ensure that these efforts are complimentary, and not
duplicative, both from a technological standpoint, and a law
enforcement perspective. The conferees remain committed to
providing the FBI with adequate resources to ensure that its
information technology infrastructure enhances its ability to
prevent or investigate acts of terrorism and other crimes for
which it has responsibility. Toward that end, the conferees
have provided an additional $30,000,000 above the request for
emergent information technology needs. These funds are made
available to the FBI subject to the submission of spend plans
pursuant to section 605 requirements of this Act.
Information Technology Report.--The Committees on
Appropriations have provided the FBI with significant increases
for information technology. To ensure that this funding is
being centrally coordinated in order to provide the greatest
return on investment, the conferees expect the FBI to provide
an updated information technology report. This report shall
include a complete listing of all information technology
projects; the stage of each project's development and
deployment; base funding for each project, to include all
sources of funding; the fiscal year 2002 and 2003 funding level
of each project; and the outyear cost projections for each
project, including recurring requirements for operations and
maintenance of these systems. This report should also include a
plan for ensuring regular technology refreshment replacement
cycles, as well as estimated costs for these needs. This report
is to be submitted to the Committees on Appropriations by July
21, 2003.
Internet cafe.--The conference agreement includes
$3,620,000 for Internet cafe. A combination of a virtual
private network and the electronic equivalent of a mail drop,
Internet cafe will allow the FBI to establish a very low cost
secure network that parallels Trilogy and protects it from
penetration. The Bureau shall provide a report to the
Committees on Appropriations on the distribution and use of
Internet cafe sites not later than May 1, 2003.
The conference agreement provides an additional
$12,612,000 above last year's level for tactical operations.
The amount provided should allow the FBI to keep pace with the
explosion of court-ordered surreptitious entries and the rapid
advance in easily obtained security technology and to cope with
the new threat of entry into facilities contaminated by
biological, chemical, radiological, or other hazardous
materials. The agreement also includes $18,435,000 as requested
for information assurance and $29,738,000 for the Enterprise
Security Operations Center to continue efforts to ensure that
sensitive data is more effectively managed. The Security
Division is directed to provide an update to the Committee by
April 30, 2003 regarding the FBI's internal security efforts.
This review should include an update on the use of the new
information technology enhancements provided during fiscal year
2002. The agreement also includes additional resources above
the request for intelligence production needs, as well as
surveillance and tactical operations.
The conference agreement also includes an increase of
$5,000,000 to ensure the highest integrity language translation
program, and to aggressively reduce the backlog of documents
that need to be translated. The FBI is directed to work with
the Foreign Service Institute regarding language-training needs
of the FBI. The conferees believe that the FBI needs to develop
more in-house expertise with regard to language translation
capabilities. The FBI is also directed to submit a report to
the Committees on Appropriations by June 2, 2003 regarding
efforts to implement section 323 of Public Law 107-306,
development of a civilian linguistic reserve corps.
Legal Attache Program.--The FBI received funding in
Public Law 107-206 to establish additional Legats, update the
Legat information infrastructure, and provide additional
resources to existing Legats that have realized appreciable
workload increases following the September 11th, 2001 terrorist
attacks. Accompanying report language directed that the FBI
submit a review of the Legat program prior to establishing
additional Legats. The Committees on Appropriations have yet to
receive this report. The FBI is directed to consult with the
Committees on Appropriations within 30 days following the
enactment of this Act to review the plan to deploy these
additional resources.
Quantico Training.--The ongoing FBI restructuring plan
revolves around a dramatic change in philosophy, shifting the
FBI's focus from investigating crimes to preventing acts of
terrorism. This change, coupled with the recruitment of new
agents, analysts and other support personnel, has created
significant new training requirements. The conferees therefore
provide $10,000,000 above the request for training needs,
including support for the newly created College of Analytic
Studies at Quantico, and for enhanced training in the fields of
cybercrime, counterintelligence and counterterrorism. This
additional funding shall also support the establishment of a
program to provide senior FBI agents and support staff with the
ability to earn advanced degrees in specialized areas that will
broaden and enhance their on-the-job effectiveness.
Support.--The conference agreement also provides
increases of $9,333,000 for the Hazardous Materials Response
Unit, $3,272,000 for the Hazardous Devices School, and
$7,919,000 for Evidence Response Teams.
DNA matching.--The conference agreement includes an
increase of $867,000 for the Federal Convicted Offender
Program, which maintains a DNA database of Federal convicts for
cross-referencing with crime scene evidence. The conference
agreement also includes an increase of $4,000,000 to maintain
or establish four regional mitochondrial DNA (mtDNA) forensic
labs in affiliation with the FBI Laboratory. The labs will
analyze mtDNA from human remains or other evidence to assist
law enforcement in the identification of missing persons or
criminal perpetrators. Affiliation with the FBI Laboratory
ensures that uniform standards and procedures are maintained by
all of the participating laboratories doing mtDNA analysis. The
conferees note that the four scientists and technicians
required to oversee regional labs were funded last year, but
the labs themselves were not.
Serial rapists.--The conference agreement includes an
increase of $1,005,000 to expand the Violent Criminal
Apprehension Program to include sexual assault cases, which
should greatly improve the ability of law enforcement at all
levels to identify, capture, and prosecute serial rapists.
Forensic research.--The conference agreement includes an
increase of $8,056,000 over last year to fund the highest
priority forensic research proposals submitted to Congress by
the FBI Laboratory as part of its fiscal year 2002 spend plan.
The FBI shall report back to the Committees on Appropriations
on the disposition of these resources not later than May 1,
2003.
Engineering Research Facility.--Last year, Congress
funded the construction of a new annex at the Engineering
Research Facility (ERF). Since then, the conferees have become
aware that a flaw in the FBI's cost analysis, the failure to
include cabling, wiring, and equipment costs, and out-dated
pricing data, which failed to capture inflation through the
life of the construction project, resulted in an under-estimate
of the true cost of the annex. Considering the importance of
this facility, the conference agreement includes $7,945,000 to
partially cover the full costs of the ERF annex. The conferees
urge the Bureau to complete this project as quickly as is
prudent.
Aviation Support Program.--The conference agreement
includes an increase of $18,953,000, including $13,000,000 for
additional aircraft and related equipment. The conferees
understand that the FBI is developing a proposal for needs
associated with locations in the Northeast, and direct the FBI
to submit this proposal in conjunction with a five year
aviation master plan that includes: (1) current fleet assets by
type, (2) logged flight hours by mission by aircraft/
helicopter, (3) projected useful service life remaining by
aircraft/helicopter, (4) utilization of current fleet assets,
by mission type, for the last five years by year, and (5)
basing, by aircraft/helicopter locations. The plan should also
discuss the costs and benefits of maintaining versus replacing
current fleet assets through 2008, maldeployments or other
causes of underutilization of current fleet assets, if
applicable, and capabilities of current fleet assets versus
current and projected mission requirements. The report shall be
delivered not later than May 1, 2003.
Violent Crime.--The conferees also include an increase of
$5,000,000 for the FBI's continued involvement in the National
Integrated Ballistics Information Network, or NIBIN. Funding
will support research, development and equipment for these
activities. The conference agreement also includes an increase
of $10,000,000 for efforts to combat violent crime. The
conferees expect the FBI to bring a national focus to cases
that cross jurisdictions, including the activities of criminal
alien gangs across the United States.
White Collar Crime.--The conferees include an increase of
$10,000,000 to provide key investigative assets to fight
corporate fraud. This increase, along with increases provided
elsewhere in this bill for the Securities and Exchange
Commission and the U.S. Attorneys, will strengthen the Federal
government's capabilities to bring corporate fraudsters to
justice, and to protect investors, employees and consumers.
Trafficking.--The conferees support the FBI's continued
involvement in the Southeast European Cooperative Initiative,
and provide an increase of $3,000,000 above the request for
these purposes. As noted elsewhere in this report, the Justice
Department is directed to submit a report to the Committees on
Appropriations regarding efforts to combat sexual trafficking.
Advisory Board.--The conference agreement includes a
$5,000,000 increase and accompanying bill language to establish
an Advisory Board. The Advisory Board will be a standing panel
of outside experts to advise the FBI Director on matters
relating to science, technology, research, engineering,
information management, and other matters of special interest
to the FBI. The Committees on Appropriations believe that the
organizational changes and management reforms being pursued by
the current FBI Director would be enhanced by the establishment
of a panel of experts who can independently and regularly
advise the Director on how the FBI can more effectively exploit
and apply science and technology to improve its operations,
particularly with respect to information sharing, data mining
and the analysis of information and evidence collected during
investigations. The efforts of the panel should be focused on
the pressing and complex technology challenges facing the FBI,
particularly the priorities of preventing terrorist attacks,
countering foreign intelligence operations, combating cyber-
based attacks, and strengthening the FBI's collaboration with
other Federal law enforcement agencies and within the
Intelligence Community. The panel will focus exclusively on
strategic issues, and on suggesting and assessing
organizational strategies for applying technology. Not later
than 60 days after enactment of this legislation, the Director
shall report to the Committees on Appropriations regarding
progress toward establishing this panel.
The conferees include bill language, similar to that
included in previous Appropriations acts, which provides: (1)
for purchase of not to exceed 1,576 passenger vehicles, of
which 1,085 will be for replacement only, without regard to
general purchase price limitations, and the acquisition and
operation of aircraft; (2) up to $70,000 for unforeseen
emergencies; (3) up to $65,000,000 for automated data
processing, telecommunications and technical equipment, and up
to $1,000,000 for undercover operations to remain available
until September 30, 2004; (4) not less than $475,300,000 for
counterterrorism investigations, foreign counterintelligence,
and national security activities; (5) up to $10,000,000 to
reimburse State and local police for assistance related to
violent crime, terrorism and drug investigations; (6) up to
$50,000 for official reception and representation expenses; and
(7) specifies the number of positions and workyears provided
for the Federal Bureau of Investigation. In addition, bill
language is included, as carried in prior fiscal years, setting
forth certain authorities.
Foreign Terrorist Tracking Task Force
The conference agreement establishes a separate account
for the Foreign Terrorist Tracking Task Force (FTTTF), and
includes funding of $62,000,000, the full amount requested, for
additional data collection and data sharing initiatives. The
conferees direct the Attorney General to ensure that the
efforts of the FTTTF are coordinated with, and not duplicative
of, other information technology enhancement initiatives taking
place throughout the Department.
The conferees are concerned that there remain
disagreements within the Administration on the evidence needed
to deny a visa on terrorism grounds. The conferees expect the
Administration to develop a comprehensive set of standards by
which to review visa applications, and to provide training for
consular officers to use in reviewing visa applications. More
guidance about this issue is also provided under Title IV of
this Act. The conferees strongly support the recommendations
contained in GAO's report, Border Security: Visa Process Should
Be Strengthened as an Antiterrorism Tool, and recommend that
the Administration implement its recommendations for
strengthening the visa application process.
CONSTRUCTION
The conferees include $1,250,000 for FBI construction.
Drug Enforcement Administration
SALARIES AND EXPENSES
The conference agreement includes total budget authority
of $1,649,948,000 for the Drug Enforcement Administration (DEA)
salaries and expenses account for fiscal year 2003, of which
$89,029,000 is derived from the Diversion Control Fund,
resulting in a direct appropriation of $1,560,919,000.
The following distribution represents the conference
agreement. The DEA is reminded that any changes to this
distribution are subject to the reprogramming requirements in
section 605 of this Act.
DEA SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Activity POS FTE Amount
------------------------------------------------------------------------
Enforcement:
Domestic Enforcement......... 2,225 2,119 $480,126
Foreign Cooperative 633 601 207,511
Investigations..............
Drug and Chemical Conversions 165 165 19,946
State and Local Task Forces.. 1,699 1,696 257,082
--------------------------------------
Subtotal, Criminal, 4,722 4,581 964,665
Security and Other
Investigations............
======================================
Investigative Support:
Intelligence................. 956 973 127,133
Laboratory Services.......... 455 451 60,912
Training..................... 99 98 25,529
Research, Engineering, and 587 586 121,455
Technical Operations........
Information Technology....... 126 122 141,305
--------------------------------------
Subtotal, Law Enforcement 2,223 2,230 476,334
Support...................
Management and Administration 871 853 119,920
--------------------------------------
Total, Direct 7,816 7,664 1,560,919
Appropriations............
Division Control Fee Account..... 660 656 89,029
--------------------------------------
Total, Budget Authority.... 8,476 8,320 $1,649,948
------------------------------------------------------------------------
Additional Drug Enforcement Agents.--As noted elsewhere
in the conference agreement, the FBI's restructuring plan
shifted 567 agents away from drug investigations to focus on
fighting terrorism. Therefore, to compensate for this
reduction, the conference agreement includes $15,000,000 above
the request to hire an additional 133 agents and support staff.
As noted earlier in this agreement, the conferees note that the
Justice Department has yet to submit the plan requested by the
Committees on Appropriations regarding the strategy to maintain
a strong focus on fighting illegal drug activity. The Justice
Department is directed to submit this strategy as expeditiously
as possible. The agreement also includes $7,750,000 in
available prior year recoveries for vehicles, bullet proof
vests, and other basic equipment essential to agents in the
performance of their duties.
Overseas Offices.--The DEA is directed to submit a report
to the Committees on Appropriations by May 23, 2003 which
provides a workload analysis and right sizing proposal as
warranted for each overseas offices to ensure that the most
urgent needs are being met with the limited resources
available.
Financial Investigations.--The conference agreement
includes an increase of $4,121,000, 27 positions and 14
workyears, to strengthen the DEA's ability to better monitor
and track the financial holdings and transactions of drug
trafficking organizations, especially with regard to
investigating the links between the sale of illegal drugs and
terrorist organizations. Toward that end, the conference
agreement directs the DEA to use $25,000,000 in prior year
recoveries for activities of the Special Operations Division.
The FBI and the DEA shall brief the Committees on
Appropriations on a quarterly basis beginning July 7, 2003
regarding efforts in this area.
Information Infrastructure.--The conference agreement
recommends an additional $6,683,000, 23 positions and 11 FTE to
further strengthen DEA's data security infrastructure. The DEA
should ensure that these enhancements are consistent with the
Department's overall information technology security programs.
Physical Security Measures.--The conference agreement
includes a requested increase of $18,000,000 for additional
anti-terrorism security measures at both domestic and foreign
locations. As noted earlier in this report, the conferees
expect the Justice Department to submit a comprehensive plan to
ensure the safety of employees at all installations.
The conferees expect DEA to continue to provide quarterly
reports on the investigative workhours and funding, by type,
within major source and transit countries, including the
Caribbean, delineated by country and function. The DEA shall
report to the Committees on Appropriations, by June 1, 2003,
providing a trend analysis gleaned from information provided in
these reports.
OxyContin.--The Committee on Appropriations continue to
be concerned with the availability of legal drugs that are
diverted for illegal use, and in particular the prescription
drug OxyContin, especially in Virginia, West Virginia and
Kentucky. This epidemic is gaining a foothold in other areas of
the country. To continue progress toward establishing a
nationwide prescription drug monitoring program, the conferees
include $10,000,000 under the Office of Justice Programs (OJP)
to continue implementation of the Harold Rogers Prescription
Drug Monitoring Program. The conferees expect the DEA to
continue to work with OJP on the implementation of this
program, and to continue to provide the Committees on
Appropriations with regular updates regarding efforts to thwart
the illegal diversion of OxyContin and other legal drugs.
Methamphetamines.--The conferees remain concerned with
the continuing problem of Ecstasy and methamphetamine use
across the United States. The conferees expect the DEA to
continue working with OJP and COPS on the implementation of its
COPS methamphetamine programs, and to continue participating in
the High Intensity Drug Trafficking Areas, particularly those
operating in the Midwest, to combat the influx of
methamphetamines.
Aviation Support Program.--The conferees direct the DEA
to submit a five year aviation master plan that includes: (1)
current fleet assets by type, (2) logged flight hours by
mission by aircraft/helicopter, (3) projected useful service
life remaining by aircraft/helicopter, (4) utilization of
current fleet assets, by mission type, for the last five years
by year, and (5) basing, by aircraft/helicopter locations. The
plan should also discuss the costs and benefits of maintaining
versus replacing current fleet assets through 2008,
maldeployments or other causes of underutilization of current
fleet assets, if applicable, and capabilities of current fleet
assets versus current and projected mission requirements. The
report shall be delivered not later than May 1, 2003.
Drug Diversion Control Fee Account.--The recommendation
includes $89,029,000 for DEA's Drug Diversion Control Program
for fiscal year 2003. The conference agreement assumes that the
level of balances in the Fee Account are sufficient to fully
support diversion control programs in fiscal year 2003. As was
the case in previous fiscal years, no funds are provided in the
DEA salaries and expenses appropriation for this account in
fiscal year 2003.
To control the diversion, distribution, manufacture and
abuse of legitimate pharmaceuticals, DEA annually registers in
excess of 900,000 drug handlers, of which over 1,670 are
manufacturers, distributors, importers, exporters, and others
handling large volumes of controlled substances. These
registrants pay fees, which fully support the cost of this
program. The conferees are aware that the DEA is proposing to
change its fee structure, and urge the DEA to consult with the
Committees on Appropriations regarding these changes.
The conference agreement includes bill language which
provides: (1) up to $70,000 for unforeseen emergencies; (2) for
expenses for drug education and training programs; (3) for
purchase of passenger vehicles without regard to general
purchase price limitations, and acquisition and operation of
aircraft; (4) up to $33,000 for permanent change of status
costs; (5) up to $1,800,000 for research to remain available
until expended; (6) up to $4,000,000 for evidence and
information, up to $10,000,000 for automated data processing
and telecommunications, up to $2,000,000 for laboratory
equipment, $4,000,000 for technical equipment, and $2,000,000
for aircraft replacement parts to remain available until
September 30, 2004; and (7) up to $50,000 for official
reception and representation expenses. In addition, language is
continued which specifies the number of positions and workyears
provided to DEA.
CONSTRUCTION
The conference agreement includes $7,250,000 in available
prior year recoveries for construction of a new laboratory
facility in Miami, Florida.
IMMIGRATION AND NATURALIZATION SERVICE
The conference agreement includes total new spending
authority of $6,159,529,000 for the Immigration and
Naturalization Service (INS) for fiscal year 2003. This amount
includes $3,848,456,000 in direct appropriations and
$2,311,073,000 in anticipated fee collections. The conference
agreement includes funding for border enforcement and
immigration services under the Salaries and Expenses account,
but does not adopt the Administration's request to establish a
Support and Administration account. The conferees are aware
that the INS will soon transfer from the Justice Department to
the Department of Homeland Security (DHS). Guidance provided
below is assumed to apply to any successor organizations of the
INS that may be created within the DHS.
SALARIES AND EXPENSES
Funding provided for the INS Salaries and Expenses
account includes a total direct appropriation of $3,589,819,000
for salaries and expenses, including $2,880,819,000 for
Immigration Enforcement and Border Affairs, and $709,000,000
for Immigration Services.
Immigration Enforcement and Border Affairs
The conference agreement includes $2,880,819,000 for
Immigration Enforcement and Border Affairs. This account
provides for activities related to border inspections, border
patrol, investigations, detention and deportation, and
intelligence.
Entry Exit.--The conference agreement includes an
increase of $362,000,000, for the Entry Exit program and
related information technology infrastructure upgrades. This
funding is available for obligation pending submission of a
comprehensive plan from the Secretary of Homeland Security for
the Entry Exit program and needed information technology
upgrades. The Committees on Appropriations held a series of
briefings throughout the fiscal year regarding the planning and
progress of the Entry Exit program, but have been disappointed
by the lack of senior management involvement and oversight of
this program, and by the lack of detail about how funds will be
used. The conferees note that the Administration provided a
plan for expenditure of funds in January 2003, which largely
included funding for construction, and did not provide any
detail on the technological solutions that would be employed to
implement this program, nor any discussion regarding the
involvement of Mexico and Canada and how any infrastructure
changes between the U.S. and these countries would be
accomplished. The conferees expect the INS to follow the
direction contained in the report accompanying Public Law 107-
206 regarding the involvement of the General Accounting Office
(GAO) in the development and review of the Entry Exit program.
The GAO should review and make recommendations to the INS prior
to submission of plans to the Committees on Appropriations. The
INS shall report to the Committees on Appropriations on a
quarterly basis, beginning April 1, 2003, regarding Entry Exit
program development. The conferees expect the INS to ensure
full and open competition with regard to procurement actions,
and to ensure that any funding proposals for subsequent years
include a full analysis of expected operations and maintenance
costs. As part of this plan, the conferees encourage the INS to
explore biometric alternatives for use in developing more
tamper resistant passports and INS re-entry documents. The
conferees also direct the DHS to submit a report not later than
July 1, 2003, to the Committees on Appropriations identifying
the number of green cards currently used with no expiration
date or security features, the original date the cards were
issued, as well as a proposed plan to replace these older green
cards, if necessary.
Passenger and Crew Manifests.--One of the primary goals
of the Entry Exit Program is to improve the collection,
analysis and dissemination of information on passengers and
crews at ports-of-entry, including the verification of traveler
identity and access to data relevant to the determination of
the excludability of the traveler. Such information is critical
to the development of threat assessments. The INS' current
paper-based system and stove-piped databases limit its ability
to produce and coordinate such information with other agencies
responsible for collecting this and similar critical
information. The Congress enacted Public Law 107-295 directing
the Transportation Security Administration (TSA) to develop and
establish a Maritime Intelligence System (MIS), as defined in
section 70113 of the Maritime Transportation Security Act of
2002 to address this very problem. The MIS system is intended
to integrate and analyze collected data on passenger and crew
manifests and any other relevant information that could be
construed as potential threats against the United States. In
order for this system to work, INS and other agencies that
collect data on passengers and crew manifests must cooperate
fully. Therefore, the conference agreement directs the INS to
transfer $25,000,000 to the TSA as a reimbursement for its MIS
activities and requirements. The conferees expect MIS to
include the data collected through the Container Security
Initiative (CSI) program and other passenger, crew and cargo
information collection systems. The conferees understand that
the CSI program will enable the collection of additional
shipping data through enhanced cooperative relationships
between the U.S. Customs Service and foreign customs services.
Border Patrol Agents.--The conference agreement includes
an increase of $57,207,000, 570 positions and 285 FTE for new
Border Patrol Agents, bringing the number of Border Patrol
Agents to 11,000. The conferees expect the INS to submit a
deployment plan to the Committees on Appropriations for the new
agents provided, and to ensure that this plan is coordinated
with construction projects and ongoing Entry Exit program
planning. The INS should continue to provide the Committees on
Appropriations with quarterly status reports on border patrol
hiring, with the first such report due no later than April 1,
2003.
Immigration Inspectors.--The conference agreement
includes an increase of $25,500,000 to hire an additional 460
land border ports of entry inspectors. These inspectors shall
be deployed along both the Northern and Southern borders. The
conferees are concerned with staffing levels at the Ambassador
Bridge/Detroit Tunnel, the Santa Teresa and Columbus ports of
entry in New Mexico, and urge the INS to ensure that staffing
levels are sufficient at these important ports of entry.
Pay Upgrades.--In response to concerns raised regarding a
high rate of attrition of Border Patrol Agents and Immigration
Inspectors, the Committees on Appropriations provided emergency
supplemental funding in Public Law 107-206 for pay upgrades.
The conference agreement continues this direction by including
an increase of $58,550,000 for pay upgrades for Border Patrol
Agents and Immigration Inspectors. The conferees note that this
was not in the Administration's request. The conferees direct
the Administration to submit a legislative proposal to the
Congress with the FY 2004 budget that establishes a
comprehensive, equitable program to compensate Federal law
enforcement.
Interior Enforcement.--The conferees include an increase
of $10,000,000 for interior enforcement needs. This increase
will provide the INS with additional staff to investigate and
deport the more than 300,000 alien fugitives who have been
ordered removed or deported from the U.S. but have failed to
comply with those orders. The conferees are aware of a growing
number of illegal aliens in Bettendorf and Davenport, Iowa;
Moline and Rock Island, Illinois; and the Roanoke area in the
upper Shenandoah Valley, and direct the INS to review staffing
levels in these areas.
Joint Terrorism Task Forces.-The conference agreement
continues to support the concept of Joint Terrorism Task Forces
(JTTFs), and therefore includes an increase of $6,000,000, 59
positions and 30 FTE for INS participation in JTTFs. This
funding complements funding provided to the FBI and other
Department of Justice components for these multi-agency law
enforcement activities.
Interior Checkpoints.--Bill language is retained
prohibiting funds for the site acquisition, design, or
construction of any permanent Border Patrol checkpoint in the
Tucson sector. The INS is reminded that it must not operate a
checkpoint at the same location for seven consecutive days
during a 14-day period in the Tucson Sector. The conferees
direct INS to submit a report to the Committees on
Appropriations by June 27, 2003, regarding the checkpoint
program. This report should include a list of all checkpoints,
when they were established, a profile of all resources
associated with each checkpoint, as well as current and
historical statistics. This review should discuss the
checkpoint program, and how it complements the overall border
security enforcement strategy in recognition of urgent homeland
security issues. The conferees direct the Tucson Sector to
continue negotiations regarding the relocation of Tucson Sector
helicopter operations to Sierra Vista, Arizona.
Border Patrol Equipment.--Of the amounts provided for
Border Patrol equipment, the Border Patrol is directed to
provide no less than $5,000,000 to procure lightweight handheld
thermal imagers for Border Patrol field use and operations. The
conferees support the continuation of ISIS and RVIS, and direct
the INS to submit a report to the Committees on Appropriations
by July 7, 2003, regarding the status of these initiatives,
particularly in light of the deployment issues that have arisen
on the Northern Border because of the differences in climate
and terrain. The conference agreement also includes $40,000,000
for vehicles. The conferees note that base funding is provided
for every on board agent, and funding for each new agent hired
includes funds to purchase new vehicles. The conferees urge the
INS to ensure that funds provided for vehicles and other basic
agent needs are spent as provided by the Congress, and not
diverted for other uses.
Injured Illegal Aliens.--The conferees believe hospitals
in Cochise, Pima, Santa Cruz and Yuma Counties, Arizona are
bearing an unfair burden as a result of illegal immigrants
injured as a result of interaction with the Border Patrol, and
therefore direct the INS to provide such sums as necessary to
reimburse hospitals in these counties, as authorized by
sections 562 and 563 of the Illegal Immigration and Immigrant
Responsibility Act of 1996, as amended. The conferees believe
that this one-time funding infusion is appropriate until a
nation-wide solution is developed in fiscal year 2003. This
funding is only available to the extent that these costs are
not otherwise reimbursed through other Federal programs or
cannot be recovered from the alien or another person. The
conferees direct the INS, in coordination with the Department
of Health and Human Services, to provide a report by July 1,
2003 to the Committees on Appropriations with recommendations
to address this issue.
Trafficking.--To continue efforts to combat the illegal
trafficking into this country of some 50,000 women and children
every year, the conference agreement includes an increase of
$3,662,000 for costs associated with effectively implementing
provisions of the Victims of Trafficking and Violence
Protection Act. The conferees continue to be supportive of the
INS' Violence Against Women Act Processing Unit which is
responsible for the adjudication of immigration cases filed by
victims of violence including battered immigrants, trafficking
victims and other immigrant victims of crime. The conferees
encourage the Administration to ensure that sufficient funding
is available for the Unit to continue to adjudicate and process
immigration cases.
Alternatives to Detention.--The conference agreement
includes $3,000,000 for alternatives to detention to promote
community-based programs for supervised release from detention
such as the Vera Institute for Justice's Appearance Assistance
Project or other similar programs. These funds shall not be
available for new or existing detention facilities, including
non-secure detention and/or shelter care detention facilities.
Legal Orientation.--The conference agreement also
includes $1,000,000 for non-governmental agencies to provide
``live presentations'' to persons in INS detention prior to
their first hearing before an immigration judge. These
presentations will provide immigration detainees with essential
information about immigration court procedures and the
availability of legal remedies to assist detainees in
distinguishing between meritorious cases and frivolous cases.
Criminal Aliens.--The conferees understand that the INS
has an ongoing program to identify and deport criminal aliens
in local and county jails, pursuant to Public Law 105-141,
which requires the Attorney General to establish a program in
local prisons to identify, prior to arraignment, criminal
aliens and aliens who are unlawfully present in the United
States. The conferees expect that within existing resources
provided for detention and removal of aliens, the INS will
continue to support this program, and increase resources as
warranted for these activities. A recent Inspector General
audit noted a number of problems in the INS' Institutional
Removal Program, including the fact that INS has failed to
identify all deportable criminal aliens, including aggravated
felons. The conferees support the recommendations provided in
the audit, and urge the INS to adopt them as expeditiously as
possible. Similarly, the conferees have provided funding for
the High Intensity Criminal Alien Apprehension and Prosecution
program to use automated fingerprint technology to improve the
identification, apprehension, and prosecution of previously
deported criminal aliens in L.A. County. The conferees direct
INS to allocate sufficient staff, if warranted, to the Los
Angeles office, in order to enter the fingerprint records of
all deportable criminal aliens incarcerated in prisons and
jails into the CAL-ID database in a timely fashion.
Immigration Services
The conference agreement includes $709,000,000 for
Immigration Services.
Eliminating the Backlog of Immigration Applications.--The
June 2002 Backlog Elimination Plan states that the INS will
reach a national average processing time of six months or less
for all applications by the end of fiscal year 2003, and will
achieve a processing time standard of six months or less at
every office by the end of fiscal year 2004. From 1993 to 2000,
more than 6,900,000 legal immigrants have applied for
citizenship, more than in the previous 40 years combined. The
Committees on Appropriations have provided more than
$430,000,000 in appropriations to the INS over the last six
years to address the backlog of applications and to improve the
integrity of the naturalization process; this funding is in
addition to the more than $4,500,000,000 in fees that the INS
has collected to process applications. The INS estimates that
it will process about 9,400,000 applications in fiscal year
2003. The conferees look forward to receiving quarterly updates
from the INS regarding efforts to achieve these new standards.
The conferees expect that if the INS realigns existing staff to
better address workload issues, that any shift in employees
will be subject to reprogramming requirements in this Act.
The conferees continue to hear from Members of Congress
and their constituents with concerns about the lack of
attentiveness to requests for better service with regard to the
processing of immigration applications. The conferees receive
many requests for additional resources in the nearest INS
office or for the opening of new INS offices to deal with
backlogs. The conferees again urge the INS to review staffing
levels throughout the country to ensure that resources are
deployed to match work requirements. The conferees expect the
INS to direct special emphasis toward backlog reduction
problems in Northern Virginia; New York, New York; the Bronx,
New York; the state of Iowa; Northern New Jersey; Florida;
Arizona; and Michigan. The conferees also urge the INS to make
every effort to acquire space in Portland, Oregon's Central
Business District for its District Office.
Inadmissable Aliens.--The conferees direct the INS to
remain vigilant with regard to enforcing section 212 of the
Immigration and Nationality Act of 1952, as amended. This
section pertains to the general classes of aliens ineligible to
receive visas. The conferees are particularly concerned with
people who are granted entrance into the United States who may
have been foreign intelligence operatives against the United
States; who have been or are involved in trafficking in
persons; or who are foreign government officials who have
engaged in particularly severe violations of human rights or
religious freedom. The INS, in cooperation with the State
Department's Bureau of Consular Affairs, is directed to submit
a report no later than June 27, 2003, describing efforts to
enforce the provisions of Section 212. The conferees continue
to urge the Secretary of State and the Attorney General to deny
immigrant or non-immigrant visas to any citizens of the
People's Republic of China whom they determine participates in
or otherwise supports organ harvesting.
OFFSETTING FEE COLLECTIONS
The conference agreement assumes a total of
$2,311,073,000 in offsetting fee collections paid by persons
who are traveling internationally or who are applying for
immigration benefits. These fees support activities related to
the legal admission of persons into the United States. The
conferees are concerned about the findings of a recent
Inspector General audit which found that INS fee collection
procedures are poor and subject to errors and theft. Therefore,
the INS is directed to adopt and enforce more stringent
accounting procedures regarding the collection of fees for
these activities as noted in this recent report.
Immigration Inspections User Fees.--The conference
agreement assumes $658,295,000 of spending from offsetting
collections in this account. Last year, the conferees supported
an increase in the INS user fee account to provide for
additional inspectors and to facilitate the use of technology
to improve the ability to process international air travelers
and provide for greater security measures. Despite these
increases, the Congress continues to hear concerns about
staffing levels at airports around the country. Therefore, the
conferees expect the INS to hire up to an additional 615
airport immigration inspectors and support staff with the
expected increase in fee revenues. The conferees are
particularly concerned with staffing levels at the Detroit
International Airport and the Miami International Airport, and
urge the INS to review staffing at all airports to ensure
appropriate coverage to facilitate travel while ensuring secure
borders. These new inspectors are expected to be deployed at
new and renovated terminals, as well as at high growth
airports. The conferees also direct the INS to hire up to an
additional 85 seaport immigration inspectors and 8 support
staff. The conferees include language clarifying that the newly
established immigration inspection fee is intended to be
applied to cruise ship passengers, and not to individuals who
use ferries on a daily basis. The INS should consult with the
Committees on Appropriations prior to the deployment of these
new positions.
Immigration Examinations Fees.--The conference agreement
assumes $1,443,803,000 to support the adjudication of
applications for immigration benefits, to be derived from fees
collected from persons applying for immigration benefits. This
funding level assumes an increase of $50,496,000 to continue
efforts to reduce the backlog of applications and at the same
time improve the integrity of the process. As noted previously,
the INS is expected to provide quarterly updates to the
Congress regarding implementation of its Five Year Backlog
Reduction Plan. The INS is expected to provide no less than
$43,000,000 for the telephone customer service center and no
less than $7,200,000 for the indexing and conversion of INS
microfilm images. The conferees support the ongoing efforts of
the INS to index and convert deteriorating records to digital
format, which ensures that the records will be maintained, and
more readily searchable.
Land Border Inspections Fees.--The conference agreement
assumes $21,700,000 in spending from the Land Border Inspection
Fund. The revenues generated in this account are from Dedicated
Commuter Lanes in Blaine and Port Roberts, Washington; Detroit
Tunnel and Ambassador Bridge, Michigan; and Otay Mesa,
California; and Automated Permit Ports which provide pre-
screened local border residents border crossing privileges by
means of automated inspections. The conferees fully support the
concept of Dedicated Commuter Lanes, and expect the INS to
employ the lessons learned in this program to the development
of the Entry Exit program.
Breached Bond/Detention Fund.--The conference agreement
assumes $171,275,000 in spending for detention of illegal
aliens from the Immigration Breached Bond/Detention Fund in
fiscal year 2003. The allowance assumes that $50,069,000 will
be used to fund additional detention space needs. The conferees
expect the INS to rely on a mix of INS, private and state
facilities for these additional needs. Resources available in
this Fund are derived from the recovery of breached cash
andsurety bonds in excess of $8,000,000, which are deposited in the
Fund as offsetting collections. In addition, resources are also
available in this account from a portion of fees charged under section
245(i) of the Immigration and Nationality Act. The conferees are aware
that the number of detainee complaints and disturbances has decreased
at the San Pedro Service Processing Center as a result of counseling
and religious services being offered to detainees. The INS is directed
to provide no less than $1,500,000 to continue to provide such services
to detainees at the INS Service Processing Centers.
H-1B Fees.--The conference agreement includes $10,000,000
to process H-1B visas.
The H-1B is a temporary visa category for non-immigrant,
highly skilled workers.
The conference agreement includes bill language, similar
to that included in previous Appropriations acts, which
provides: (1) up to $50,000 to meet unforeseen emergencies of a
confidential nature; (2) for the purchase of motor vehicles for
police-type use and for uniforms, without regard to general
purchase price limitations; (3) for the acquisition and
operation of aircraft; (4) up to $400,000 for research to be
available until expended; (5) up to $5,000,000 for payments to
State and local law enforcement agencies engaged in cooperative
activities related to immigration; (6) up to $5,000,000 to fund
or reimburse other Federal agencies for costs associated with
the repatriation of smuggled aliens; (7) up to $5,000 for
official reception and representation expenses; (8) a limit on
the level of funding for the Office of Legislative and Public
Affairs; (9) a limit on the amount of funding available for
non-career positions; (10) separate headings for Immigration
Enforcement and Border Affairs and Immigration Services; (11)
revised language carried in previous Appropriations acts
regarding the operation of the checkpoints in the Tucson
Sector; and (12) deletes language carried in previous
Appropriations acts regarding the operation of the San Clemente
and Temecula checkpoints.
CONSTRUCTION
The conference agreement includes $258,637,000 for
construction projects for the Immigration and Naturalization
Service for fiscal year 2003. The conference agreement does not
adopt the proposal of the Administration to provide funding for
construction under the salaries and expenses account but
instead continues funding for these activities under a separate
account.
This funding directly supports the Congress' commitment
to ensuring that adequate facilities are provided for the
increasing number of Border Patrol Agents and Immigration
Inspectors being deployed to ensure safe borders. Of the
amounts provided, not less than $3,000,000 shall be used on
border fences and other barrier construction in the Douglas,
Naco and Nogales corridors, and such sums as necessary to
continue fencing efforts in the San Diego corridor. The
conferees direct that not less than $1,000,000 be used for the
Tucson Sector Air Operations facility in Sierra Vista, which
the Committees on Appropriations directed be implemented last
year.
The conference agreement provides the following
increases:
[In thousands of dollars]
Border Patrol Construction
Southern Border
Brownsville, TX BPS............................. 10,820
Del Rio, TX Checkpoint System................... 5,300
Eagle Pass, TX BPS.............................. 10,486
El Centro, CA BPS............................... 14,235
El Paso, TX BPS................................. 15,250
Laredo, TX Checkpoint System.................... 5,300
McAllen, TX BP Sector HQ........................ 18,344
San Diego Border Barriers....................... 1,000
SW Border Barriers.............................. 8,000
Tucson, AZ BP Station HQ........................ 25,600
--------------------------------------------------------
____________________________________________________
Subtotal, Southern Border..................... 114,335
========================================================
____________________________________________________
Northern Border
Bonner's Ferry, WA, BPS......................... 3,118
Billings, MT BPS................................ 278
Grand Forks, ND BP Sector HQ.................... 865
Havre, MT BP Sector HQ.......................... 997
Havre, MT BPS................................... 157
Sweetgrass, MT, BPS............................. 350
White Fish, MT, BPS............................. 400
NB Planning and Design.......................... 2,000
--------------------------------------------------------
____________________________________________________
Subtotal, Northern Border..................... 8,164
========================================================
____________________________________________________
Subtotal, New Infrastructure.................. 122,499
Charleston Border Patrol Academy.................... 14,000
--------------------------------------------------------
____________________________________________________
Total, Program Changes........................ 136,499
Federal Prison System
SALARIES AND EXPENSES
The conference agreement includes a fiscal year 2003
appropriation of $4,071,251,000 for the salaries and expenses
of the Federal Prison System. The conferees recognize the
critical importance of providing adequate space for the
incarceration of sentenced and unsentenced Federal prisoners,
and the need to activate newly constructed prison facilities.
Activation and Expansion of New Prisons.--The conference
agreement includes an increase of $101,416,000 for the
activation of the new medium security facility in Glenville,
West Virginia; and the new high security facilities at Big
Sandy, Kentucky; McCreary, Kentucky; and Victorville,
California. This amount will provide for more than 4,400 new
beds. The conferees also include increases of $10,132,000 for
expansion at the Marion, Illinois facility and at the Safford,
Arizona facility. This amount will provide for more than 764
new beds.
The conferees include new bill language designating
funding levels provided for the activities under this account.
Bill language, similar to that included in previous
Appropriations acts, is also included which provides: (1) for
the purchase of motor vehicles for police-type use; (2) for the
provision of technical advice to foreign governments; (3) for
transfer of funds to the Health Resources and Services
Administration; (4) for the Director to enter into contracts to
furnish health care; (5) up to $6,000 for reception and
representation expenses; (6) up to $20,000,000 for contract
confinement expenses for the care and security of Cuban and
Haitian entrants; and (7) for the Federal Prison System to
enter into contracts and other agreements with private entities
for multi-year periods for the confinement of Federal
prisoners. The conference agreement also includes a requested
change in the number of new and replacement automobile
purchases, and includes language, as requested, designating an
amount to remain available for two fiscal years.
Buildings and Facilities
The conference agreement includes $399,227,000 for fiscal
year 2003 for the construction, modernization, maintenance and
repair of prison and detention facilities housing Federal
prisoners. The conferees agree that none of the funds
appropriated for the Federal Prison System in this or prior
Appropriations acts for the construction of new prison
facilities shall be rescinded or cancelled. Further, the
conferees expect all current projects to move forward as
planned. The conferees provide increases of $225,972,000 for
facilities with prior funding:
[In thousands of dollars]
Facilities with prior funding:
Hazelton, West Virginia............................. 66,600
FCI Pollock, Louisiana.............................. 116,872
Berlin, New Hampshire............................... 20,000
--------------------------------------------------------
____________________________________________________
Subtotal........................................ $203,472
Expansions:
Sandstone, Minnesota................................ $5,300
FCI Otisville, New York............................. 11,600
USP Florence, Colorado.............................. 5,600
Total New Funding............................... $225,972
The conference agreement includes bill language, similar
to that included in previous Appropriations acts, which allows:
(1) for planning, acquisition of sites, and construction of
facilities; (2) for acquisition, remodeling, and equipping
facilities by contract or force account; (3) up to $14,000,000
to construct inmate work areas; (4) for use of prisoner labor;
and (5) up to 10 percent of this appropriation to be
transferred to the salaries and expenses account.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The conference agreement continues a limitation on
administrative expenses of $3,429,000 for Federal Prison
Industries, Incorporated, for fiscal year 2003.
Office of Justice Programs
JUSTICE ASSISTANCE
The conference agreement includes $201,291,000 for
Justice Assistance. The distribution of funding is as follows:
Justice Assistance
(Dollars in thousands) Amount
National Institute of Justice........................... $59,879
Office of Science and Technology.................... (33,000)
Nat. Law Enforce and Corrections Tech Centers....... (17,000)
Bureau of Justice Statistics............................ 32,335
Missing Children........................................ 32,847
Regional Information Sharing System..................... 29,000
White Collar Crime Information Center................... 9,230
Management and Administration........................... 38,000
--------------------------------------------------------
____________________________________________________
Total........................................... 201,291
National Institute of Justice (NIJ).--The conference
agreement provides $59,879,000 for the National Institute of
Justice.
Office of Science and Technology.--The conferees commend
the efforts of the leadership of the National Institute of
Justice's (NIJ) Office of Science and Technology (OS&T). This
office has assisted local law enforcement in making significant
advances in the areas of non-intrusive, concealed weapons and
contraband detection, vehicle stopping, DNA testing, public
safety standards development, officer protection, less-than-
lethal incapacitation, public safety communications,
information management, counterterrorism, crime mapping,
location and tracking, secure communications, and noninvasive
drug detection. In addition, the conferees commend and
encourage the continuing partnership that OS&T has developed
with the National Institute of Standards and Technology with
the goal of developing standards and carrying out scientific
and engineering research related to the public safety
community.
To implement the mission of OS&T, pursuant to The
Homeland Security Act of 2002 (Public Law 107-296), the
conference agreement includes $33,000,000 for OS&T from within
the overall amount provided for NIJ. In addition, within the
funds provided for the local law enforcement block grant
program, $20,000,000 is for OS&T to assist local law
enforcement units in identifying, selecting, developing,
modernizing, and purchasing new technologies in accordance with
the aforementioned Act.
The National Law Enforcement and Corrections Technology
Centers.--Since 1994, the National Law Enforcement and
Corrections Technology Centers (NLECTC) have served the State
and local law enforcement and corrections communities by
providing support, research findings, and technical expertise
on issues that allow them to perform their jobs safer and more
effectively. The NLECTC system consists of facilities located
across the country and each facility specializes in one or more
specific areas of research and development. The conferees
commend the work that NIJ's Office of Science and Technology
[OS&T], and through it the NLECTC system, has done to improve
the capabilities of the law enforcement and corrections
communities. To further the work of the NLECTC system, the
conferees recommend $17,000,000 for the continued support of
the system. These funds are to be distributed equally among the
Northeast Regional Center, Southeast Regional Center, Rocky
Mountain Regional Center, Western Regional Center, Rural Law
Enforcement Technology Center, and Northwest Center. The
conferees continue to support the Centers receiving
reimbursable funding from other accounts as needed.
Within available funds, the conferees recommend that NIJ
consider funding the Center for Civil Force Protection and the
Public Safety Technology Assessment Facility at Sandia National
Laboratories in New Mexico. The Center provides important
physical security counterterrorism assistance to Federal,
State, and local law enforcement.
In addition, the current year level is provided for the
Office of Law Enforcement Technology Commercialization, Inc.
and Facial Recognition.
In addition to the above activities, within the amounts
provided, NIJ is to provide grants for the following projects:
$300,000 for Practitioners Assistance Team (PAT) to
provide technical assistance to State and local
agencies attempting to implement integrated justice
systems;
$1,000,000 for the University of Houston to study
in-car law enforcement technologies;
$1,000,000 for the State of Virginia to develop a
State-wide emergency communications plan to address
communications equipment and interoperability needs of
first responders throughout the State. The plan should
address both the new equipment needs of local first
responder agencies and methods for making current
communications systems interoperable within local
jurisdictions and throughout the State. The State is
encouraged to build upon the experiences and expertise
learned in the National Institute of Justice's
interoperable communications pilot project in the City
of Alexandria (Project Agile);
$500,000 for the Center for Advanced Media Analysis
to fund advanced research in the area of multi-media
capture and analysis of authorized law enforcement
capture;
$750,000 for Lane County, Oregon's Breaking the
Cycle of Juvenile Drug Abuse program to decrease
juvenile crime and drug abuse through early
identification and intervention;
$1,500,000 is for the Center for Task Force
Training Program;
$750,000 to the North Carolina Attorney General's
Office for Telemarketing Fraud Enforcement and Privacy
Project;
$650,000 for the Mistral Security Non-Toxic Drug
Detection and Identification Aerosol Technology;
$350,000 for the Pennsylvania Task Force on Prison
Overcrowding; and
$750,000 for Operation Ceasefire in Charleston, SC
for overtime for response teams.
Missing Children.--The conference agreement includes
$32,847,000 for the Missing Children Program for the following
purposes:
MISSING CHILDREN PROGRAM
[In thousands of dollars]
------------------------------------------------------------------------
FY 2002 FY 2003 FY 2003
Program enacted request agreement
------------------------------------------------------------------------
National Center for Missing and Exploited 11,450 11,450 12,500
Children
Jimmy Ryce Law Enforcement Training 2,700 2,700 3,000
Center
Internet Crimes Against Children Task 6,500 12,500 12,500
Force
MEC Office 2,347 2,347 2,347
AMBER Alert Grants -- -- 2,500
----------------------------
Total.................................. 22,997 28,997 32,847
------------------------------------------------------------------------
Of the funds provided for the National Center for Missing
and Exploited Children (NCMEC), $2,245,000 is for the
CyberTipline. The conferees recommend that the NCMEC consult
with I-Safe America to provide nationwide Internet Safety
Training in grades K-12.
The conference agreement includes $2,500,000 for training
and technical assistance to develop an effective, coordinated
AMBER Alert program.
Office of Victims of Crime.--The Office of Victims of
Crime (OVC) administers formula and discretionary grants
designed to benefit victims, provide training to professionals
who work with victims, develops projects to enhance victims'
rights and services, and undertakes public education and
awareness activities on behalf of crime victims. In fiscal year
2002, OVC was provided $68,100,000 to respond to the September
11, 2001 terrorist attacks. The conferees direct that the OVC
provide a report to the Committees on Appropriations no later
than 60 days after enactment on the status of how the emergency
funds have been spent.
Regional Information Sharing System.--The conference
agreement provides $29,000,000 for the Regional Information
Sharing System (RISS). In addition to the amount provided under
this heading, there is $10,000,000 under the heading ``Domestic
Preparedness'' account to enhance the electronic dissemination
and sharing of terrorist-related information among Federal,
State, and local agencies. The conferees expect that RISS and
other information sharing systems will be eligible to receive
grants under this program in order to enhance State and local
agencies' ability to access and share crime and terrorist
information.
The conferees support the current effort to link the RISS
system with the Law Enforcement On-Line [LEO] information
system, which will greatly expand access to critical law
enforcement information at the Federal, State, and local level.
Management and Administration.--The conference agreement
provides $38,000,000 for the management and administration of
the Office of Justice Programs (OJP). The conferees understand
that OJP is not backfilling vacant positions, and therefore
request a quarterly status report on staffing.
The Department has reported to the Committees on
Appropriations on a competitive sourcing effort. To support
this effort, the conferees must be assured that effectiveness
is improved and savings are attained. The conferees direct that
OJP provide the Committees on Appropriations with detailed
plans on this effort before proceeding with changes.
OFFICE FOR DOMESTIC PREPAREDNESS
The conferees have long viewed State and local
jurisdictions' ability to detect, prevent and respond to a
terrorist attack as one of its highest priorities. State and
local responders are first to arrive on the scene when a
terrorist attack occurs and must be prepared to protect life
and property. This function is inherently non-Federal, although
Federal resources and expertise are needed to manage the crises
and provide support to State and local assets when an attack
overwhelms their resources.
The amounts provided by the conferees demonstrate the
continued support for the Office of Domestic Preparedness
(ODP). ODP must continue its vital and successful program for
assisting State and local response agencies.
Domestic Preparedness
[$000 in thousands]
Amount
Strategic Planning and Technical Assistance............. $53,000
Web Site Pilot Project.................................. 3,000
Equipment:
Grants.............................................. 400,000
Pine Bluff.......................................... 10,000
Standards and Testing............................... 15,000
Prepositioned Equipment............................. 23,000
Interagency Board................................... 500
Electronic Dissemination of Terrorist Threat Info... 10,000
--------------------------------------------------------
____________________________________________________
Sub-total, Equipment............................ 458,500
========================================================
____________________________________________________
Training:
National Domestic Preparedness Consortium........... 125,000
Center for Domestic Preparedness................ (45,000)
Louisiana State University...................... (20,000)
New Mexico Institute of Mining and Tech......... (20,000)
Texas A&M University............................ (20,000)
Nevada Test Site................................ (20,000)
Continuing and Emerging Training.................... 25,000
Discretionary Training Grants....................... 30,000
Virtual Medical Campus.............................. 2,000
Dartmouth Institute for Security and Tech. Studies.. 18,000
OCNM Inst for the Prevention of Terrorism........... 18,000
Center on Catastrophe Preparedness and Response..... 7,000
National Counterterrorism Policy Center............. 3,000
Terrorism Prevention and Response Training Center... 5,000
--------------------------------------------------------
____________________________________________________
Sub-total, Training............................. 233,000
========================================================
____________________________________________________
Exercises:
Grants.............................................. 100,000
Top Officials Exercise Series....................... 7,000
Evaluation and After-Action Program................. 5,000
--------------------------------------------------------
____________________________________________________
Sub-total, Exercises............................ 112,000
========================================================
____________________________________________________
High Threat Urban Areas................................. 100,000
Research and Development................................ 23,500
Management and Administration........................... 17,000
--------------------------------------------------------
____________________________________________________
Total, Domestic Preparedness.................... 1,000,000
Equipment--The conferees provide $458,500,000 for ODP
equipment programs. Within these amounts, $10,000,000 is
provided to enhance the dissemination of electronic threat
information among Federal, State, and local responders. The
conferees understand that there is a large proliferation of
local, State, regional, and Federal information sharing
initiatives. The conferees also understand that many of these
systems are being developed independently with no plan to
integrate with other information sharing systems such as RISS
and LEO. This funding is provided to ODP to enhance State and
local agencies' ability to share intelligence information with
each other and with the Department of Homeland Security and the
Department of Justice. The conferees direct that the ODP
coordinate this program with the Bureau of Justice Assistance
(BJA). The conferees also expect BJA and ODP to continue to
work with State, local, and Federal agencies through the Global
Intelligence Working Group of the Global Justice Information
Sharing Initiative.
Formula Grant Program to States--Of the amounts provided,
$400,000,000 is for the formula based grant program to States.
The conferees direct that not less than 80 percent of equipment
funding provided to the States by formula shall pass through to
local governments.
Coordination--The conferees recognize that a significant
portion of the funds provided under the formula grant program
are used to improve voice and data communications
interoperability among first responders. The conferees support
this effort, but expect ODP to coordinate closely with other
Federal agencies that also provide communications
interoperability grants to first responders (i.e., FEMA, COPS,
BJA, and NIJ), in order to ensure that Federal resources are
being used effectively to improve intra- and inter-
jurisdictional communications interoperability.
Standards--The conferees understand the need for minimum
performance standards, testing, and evaluation in the areas of
chemical, biological, radiological, and nuclear (CBRN)
protective equipment, as well as voice/data communications
equipment. The conferees, therefore, expect ODP to work closely
with the National Institute of Standards and Technology (NIST)
to test, evaluate, and develop minimum performance standards
for CBRN protective equipment and voice/data communications
equipment for first responders.
Training--The conference agreement provides $233,000,000
for training programs in ODP. This amount includes $125,000,000
for the training consortium. In addition, the conference
agreement includes $5,000,000 for George Washington University
to work in collaboration with George Mason University,
Shenandoah University and other regional organizations to
provide terrorism prevention and response training for multiple
types of first responders including law enforcement, fire,
hazmat, EMS and other types of responders. The conference
agreement includes $3,000,000 for the National Counterterrorism
Policy Center in St. Petersburg, FL, to assist State and local
homeland security and law enforcement officials with their
strategic plans to prevent and detect acts of terrorism. The
conference agreement also includes $7,000,000 for the Center on
Catastrophe Preparedness and Response at New York University
(NYU), to support counterterrorism activities.
Exercises--The conference agreement provides $112,000,000
for State and local exercises regarding an event involving
weapons of mass destruction. Within this amount, $7,000,000 is
provided for the Top Official Exercise Series (TOPOFF). TOPOFF
II is to be conducted in 2003, therefore, the Committees will
consider a reprogramming for additional funds, if ODP finds it
is necessary.
High Threat Urban Areas--Recognizing the vulnerability
and high risk of terrorist attack in large urban areas, the
Department of Defense (DoD) and later ODP provided training and
equipment to the 120 largest U.S. cities through the Nunn-
Lugar-Domenici Domestic Preparedness Program. While all of the
cities identified in the Nunn-Lugar-Domenici Program have
received domestic preparedness training, the conferees
recognize that certain large urban areas remain high threat
targets and are inadequately prepared to respond to a weapon of
mass destruction (WMD) event. Therefore, the conferees
recommend $100,000,000 for ODP to develop a follow-on program
to the Nunn-Lugar-Domenici program that addresses the unique
equipment, training, planning and exercise needs of selected
large high threat urban areas. The conferees recognize that
large urban areas often cross State lines and involve multiple
local jurisdictions. The conferees expect these plans will
expand upon States' domestic preparedness strategies and that
no funds will be awarded under this program until jurisdictions
have clearly demonstrated a coordinated assessment of threat,
vulnerability, needs, and capabilities. The conferees expect
ODP to consult with the appropriate Federal agencies including
the FBI and agencies within the Department of Homeland Security
in identifying urban areas to be supported through this
initiative. ODP should take into account credible threat;
vulnerability; the presence of infrastructure of national
importance; population; and identified needs of the
jurisdiction's public safety agencies when determining program
eligibility. The conferees expect ODP, in consultation with the
appropriate Federal agencies, including the FBI and agencies
within the Department of Homeland Security, to develop a multi-
year strategy for addressing the unique needs of high threat
urban jurisdictions to be supported by this program.
Research and Development--The conference agreement
provides $23,500,000 for research and development. Within the
level of funding provided, ODP shall consider evaluating
emerging first responding technologies such as hand-held
detection equipment that can detect possible chemical or
biological attacks, and emerging mapping, assessment, rescue
and recovery technologies.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The conference agreement provides a total appropriation
of $2,065,269,000, of which $20,990,000 is derived from prior
year unobligated balances for the State and Local Law
Enforcement Assistance Program. The conference agreement
provides for the following programs:
State and Local Law Enforcement Assistance
(Dollars in thousands)
Amount
Local Law Enforcement Block Grant....................... $400,000
(Boys and Girls Club)............................... (80,000)
(National Institute of Justice)..................... (20,000)
(Citizen Corps)..................................... (3,000)
State Criminal Alien Assistance Program................. 250,000
Cooperative Agreement Program........................... 5,000
Indian Assistance....................................... 18,000
(Tribal Prison Construction Program)................ (5,000)
(Indian Tribal Courts Program)...................... (8,000)
(Alcohol and Substance Abuse)....................... (5,000)
Byrne Grants:
Discretionary Grants................................ 150,914
Formula Grants...................................... 500,000
--------------------------------------------------------
____________________________________________________
Total, Byrne Grants............................. 650,914
Violence Against Women Grants........................... 390,165
Victims of Trafficking Grants........................... 10,000
State Prison Drug Treatment............................. 65,000
Drug Courts............................................. 45,000
Juvenile Crime Block Grant.............................. 190,000
(Project ChildSafe)................................. (25,000)
Prescription Drug Monitoring............................ 7,500
Prison Rape Prosecution and Prevention.................. 13,000
Terrorism Prevention and Response Training.............. 15,000
Other Crime Control Programs:
Missing Alzheimer's Patients........................ 898
Law Enforcement Family Support...................... 1,497
Motor Vehicle Theft Prevention...................... 1,300
Senior Citizens Vs. Marketing Scams................. 1,995
Unobligated Balances.................................... (20,990)
--------------------------------------------------------
____________________________________________________
Total, State and Local Assistance................. 2,044,279
Local Law Enforcement Block Grant.--The conference
agreement includes $400,000,000 for the Local Law Enforcement
Block Grant program. This program provides grants to local law
enforcement agencies to reduce crime, including acts of
terrorism. Of the amount included, $20,000,000 is provided to
NIJ for assisting local units of government to identify,
select, develop, modernize, and purchase new technologies for
use by law enforcement and $80,000,000 is provided for Boys and
Girls Clubs. In addition, the conference agreement includes
$3,000,000 for Citizen Corps programs, including the expansion
of Neighborhood Watch programs and the Volunteers in Policing
program. No funding is provided for Operation TIPS.
State Criminal Alien Assistance Program.--The conference
agreement provides $250,000,000 for the State Criminal Alien
Assistance Program (SCAAP) for the reimbursement to States for
the costs of incarceration of criminal aliens. The budget
request proposed the elimination of this program. The conferees
recognize the Southwest border States incur significant costs
associated with criminal aliens. In addition to these funds,
the conference agreement includes $40,000,000 for the Southwest
Border Prosecution program under the Community Oriented
Policing Services account.
Indian Country Grants.--The recommendation provides
$18,000,000 for Indian Country grants. The conferees understand
that the Comprehensive Indian Resources forCommunity Law
Enforcement (CIRCLE) initiative is working well in the three Indian
communities in which it is deployed. The conferees urge the Department
to consider ways to expand the CIRCLE project into other communities.
In addition, the conferees request that not later than 60 days after
enactment of this Act, the Department submit a proposal to expand the
CIRCLE project by integrating and coordinating resources from across
the Federal agencies for purposes of Indian law enforcement, public
safety, substance abuse, tribal justice systems, and facilities
construction into a small grant program to Indian tribes and tribal
consortia.
Within the amount for prison construction, the conferees
direct that OJP shall review proposals and provide grants if
warranted for the following projects:
--Standing Rock Sioux Tribe in South Dakota for a
Juvenile Detention and Recovery Facility;
--Yankton Sioux Tribe in South Dakota for the
construction of a Juvenile Detention Facility;
--Lower Brule Sioux Tribe for the construction of a
detention facility.
Edward Byrne Grants to States.--The conference agreement
includes $650,914,000 for the Edward Byrne Memorial State and
Local Law Enforcement Assistance Program, of which $150,914,000
is for discretionary grants and $500,000,000 is for formula
grants. Within the amounts provided for discretionary grants,
OJP is expected to review the following proposals, provide
grants if warranted, and report to the Committees on
Appropriations of the House and Senate on its intentions.
$500,000 to the Saginaw Chippewa Indian Tribe of
Michigan for a victims of crime program;
$2,750,000 for the D.A.R.E. program to re-train all
D.A.R.E. officers nationwide and produce D.A.R.E.
workbooks;
$4,000,000 for the Eisenhower Foundation for the
Youth Safe Haven program;
$3,000,000 for the National Center for Justice and
the Rule of Law at the University of Mississippi School
of Law to sponsor research and produce judicial
education seminars and training for judges and other
criminal justice professionals;
$5,000,000 to continue the effective crime
prevention program (McGruff the Crime Dog) and meet the
enormous demand from local law enforcement
organizations regarding effective crime prevention
practices;
$3,000,000 for the National Fatherhood Institute,
the National Physicians Center for Family Resources,
and the Alabama Police Institute to study the causes
and consequences of out-of-wedlock childbirth and its
impact on criminal activity;
$750,000 for the University of Tennessee to
continue the development of technology, forensic
training, and research;
$350,000 for Turtle Mountain Community College's
`Project Peacemaker' which seeks to increase the number
of American Indians trained in either Tribal government
or law;
$250,000 for Riverfront District Community Policing
Stations in Montgomery, Alabama;
$1,300,000 for the San Joaquin Valley, California
Rural Agricultural Crime Prevention Program;
$2,000,000 for continued support for the expansion
of Search Group, Inc. and the National Technical
Assistance and Training Program to assist States, such
as West Virginia and Alabama, to accelerate the
automation of fingerprint identification processes;
$100,000 for the Transformation Network in Ashland
County, OH to reduce alcohol and drug related
automobile accidents;
$250,000 for the Rural Law Enforcement Technology
and Training Center;
$300,000 for the National Association of Town
Watch's National Night Out crime prevention program;
$8,000,000 for the Southern and Eastern Kentucky
Counter-Drug Initiative, to coordinate drug
interdiction, prevention, education and treatment
initiatives in Appalachia Kentucky;
$1,000,000 for the National Children's Alliance for
the Child Abuse Reporting and Evaluation System;
$1,300,000 for the New Orleans, LA Police
Department for crime fighting initiatives;
$3,000,000 for Mothers Against Drunk Driving (MADD)
for victims assistance and education programs, of which
$1,000,000 shall be to develop Spanish language Public
Service Announcements;
$117,000 for the Virginia Attorney Generals Office
to combat domestic violence and for the Triad Program
in the State of Virginia;
$1,500,000 for the Washington Metropolitan Area
Drug Enforcement Task Force (MATF);
$1,000,000 for the Fuller Theological Seminary for
a conflict resolution program;
$800,000 for the Paul and Lisa Foundation;
$661,000 for the Virginia Community Policing
Institute;
$300,000 for the Virginia CARES for a one-time
grant to support pre- and post-release incarceration
services that exist for inmates returning to
communities;
$200,000 for San Marcos, CA for a community
policing initiative;
$1,250,000 for the National Correctional Industries
Association's grant program providing technical
assistance to States participating in the Private
Sector Prison Industry Enhancement Certification
Program;
$500,000 for Lackawanna County, PA for treatment
diversion for offenders in the drug court program;
$250,000 for the National Troopers Coalition, to
study increased demands placed on law enforcement;
$3,500,000 for the Center for Court Innovation;
$1,000,000 for Pinellas County, FL for a mentally
ill diversion program for inmates;
$1,780,000 for the National Clearinghouse for
Science, Technology, and the Law at Stetson University
College of Law;
$6,000,000 for the Police Athletic League;
$750,000 for Kristen's Act;
$600,000 for the ACTION team in Dallas, TX;
$250,000 for the Kane County, IL Drug
Rehabilitation Court;
$250,000 for the Criminal justice programs at Elgin
Community College;
$250,000 for DuPage County, IL State's Attorneys
Office for child abuse and financial crime prevention
initiatives;
$257,000 for the Rural Domestic Violence Advocacy
Project of NH;
$100,000 for the Mason County, WV Sheriff's Office
to investigate, respond to, and investigate Oxy-Contin
abuse;
$300,000 for The Women's Center, Vienna, VA;
$130,000 for the North Central Missouri Drug Strike
Task Force;
$72,000 for the Enlace Communitaros domestic
violence program;
$500,000 for the Law Enforcement Memorial Act;
$250,000 for the Urban Justice Center, to expand
the Family Violence Project;
$700,000 for Clackamas County, OR for juvenile
detention programs;
$500,000 for the Huntsville, AL National Children's
Advocacy Center for a Child Abuse Investigation and
Prosecution Enhancement Initiative;
$1,000,000 for the National Corrections and Law
Enforcement Training and Technology Center in
Moundsville, WV;
$1,000,000 for the National White Collar Crime
Center;
$1,500,000 for the City of Los Angeles, CA for the
Community Law Enforcement and Recovery anti-gang
program;
$1,000,000 to expand the Los Angeles, CA Community
Law Enforcement and Recovery anti-gang program to the
Hollenbeck division;
$500,000 for the University of Arkansas to reduce
family violence through workplace interventions;
$250,000 for the American Cities Foundation for
their drug and alcohol demand reduction program;
$174,000 for the Broome County, NY Department of
Government Security's Computer Investigation and
Technology Unit for equipment, and training;
$500,000 for the City of New York Office of
Emergency Management in partnership with Global Action
Plan of Woodstock, NY;
$500,000 for the Local Initiatives Support
Corporation in Northwestern Ohio for community security
initiatives;
$200,000 for Franklin and Hampshire Counties, MA
for local emergency planning;
$500,000 for Phoenix, AZ for creation of a Homicide
Drug Task Force Response Unit;
$122,000 for New Jersey Motor Vehicle Service
employees for background and fingerprint checks;
$500,000 for the Bergen County, NJ Sheriff's
Department to reduce violent crime and drug related
violence;
$1,200,000 for Minnesota's Council on Crime and
Justice's Racial Disparity Initiative;
$1,000,000 for Eastern Michigan University for the
Center for Community Building and Civic Engagement;
$500,000 for Miami-Dade County, FL for a decision
model to assess infrastructure vulnerabilities and
enhance security;
$750,000 for the Doe Fund's Ready, Willing & Able
program;
$800,000 for the Fortune Society for programs to
improve community safety in New York City;
$1,000,000 for the City of San Juan, PR for law
enforcement technology and training needs;
$75,000 for the Sunnyside, NY Chamber of Commerce
for crime prevention and anti-recidivism programs;
$200,000 for the Suffolk County, NY Coalition to
Prevent Alcohol and Drug Dependencies;
$750,000 for the Suffolk County, NY District
Attorney for a new anti-gang initiative;
$275,000 for the Pace Women's Justice Center,
Project DETER in White Plains, NY to help victims of
domestic violence;
$500,000 for Westchester County, NY for the
Westchester Special Operations Task Force;
$300,000 for the City of Norwalk, CA for the Gang-
Free Communities program;
$500,000 for the distribution of Good Knight Crime
and Violence Prevention bilingual educational materials
for crime and violence prevention;
$500,000 for the Los Angeles, CA Community
Development Commission to expand its crime and safety
program;
$250,000 for the University of Akron emergency
management and disaster response center;
$200,000 for the City of Pittsburgh, PA Police
Bureau for the witness protection program;
$400,000 for the Rock Island County, IL Sheriff's
Department for purchase of a jail security system;
$750,000 for Nashville, TN Fisk University's
Security Enhancement Initiative;
$185,000 for the Thin Blue Line of Michigan;
$200,000 for the Solano County, CA multi-
jurisdictional response team;
$200,000 for DeKalb County, GA for homeland
security needs;
$200,000 for the Western Missouri Public Safety
Training Academy in Independence, MO;
$500,000 for the Adams County, Pennsylvania
Emergency Services Training Facility for program
enhancements;
$1,100,000 for an alcohol interdiction program
designed to investigate and prosecute bootlegging
crimes as part of a statewide effort to reduce fetal
alcohol syndrome in Alaska;
$160,000 to the Alaska D.A.R.E. Drug Rehabilitation
Program for a statewide coordinator and for the
implementation new DARE curriculum;
$1,000,000 for the Alaska Native Justice Center for
a restorative justice program;
$1,540,000 for costs related to terrorism in the
City of Alexandria, Virginia;
$1,000,000 for New York's Alfred University Rural
Justice Institute to provide support services to youths
and families who are victims of domestic violence;
$1,000,000 for the An Achievable Dream in Newport
News, Virginia, which provides services to at-risk
youth to help them perform better academically and
socially;
$750,000 for the Arizona Criminal Justice
Commission;
$150,000 to the Beaverton, Oregon Police Department
for the Identity Theft Prevention Initiative;
$200,000 to the Bristol, Rhode Island Police
Department for the outfitting of, and support training
for, a mobile command post;
$300,000 for the Oglala Sioux Tribe in South Dakota
to automate the functions of the court system, so as to
enhance the capacity of the Oglala Sioux Tribe justice
system to arrest, prosecute, convict, and rehabilitate
offenders;
$300,000 for the Children's Medical Assessment
Center in South Carolina to extend forensic healthcare
services to outlying rural areas, and to extend the
tracking and medical case management programs to all
law enforcement jurisdictions in the local Tri-County
area;
$150,000 to the Chattanooga Endeavors program in
Tennessee to expand services and establish new public-
private partnerships;
$450,000 for the Chicago Project for Violence
Prevention in Illinois;
$750,000 to the City of Cincinnati, Ohio to improve
training for police recruits and current officers;
$500,000 to the City of Ocean Springs, Mississippi
to equip an Emergency Management and Public Safety
Facility;
$500,000 for the Community Safety Initiative in
Kansas City, Missouri;
$100,000 for the Criminal Justice Institute in
Arkansas for DNA training and law enforcement;
$500,000 to Iowa State University for the creation
of a Cyber Protection Laboratory which will test and
evaluate computer crime defense mechanisms;
$499,477 for the New Mexico Administrative Office
of the Courts to establish Dependency Drug Courts in
three judicial districts;
$80,000 to the Marysville, California police
department for a mobile command center;
$300,000 to the Metropolitan Family Services in
Illinois for the Domestic Violence and Substance Abuse
program;
$500,000 for Tulane University in Louisiana for a
domestic violence clinic;
$150,000 to the Native American Community Board in
Lake Andes for the continuation of the Domestic
Violence shelter and Community Prevention Program;
$300,000 to the Rhode Island Coalition Against
Domestic Violence for the establishment of the Rhode
Island Supreme Court's Domestic Violence Training and
Monitoring Unit (DV Unit);
$550,000 for the Albuquerque, NM DWI Resource
Center to fund drunk driving awareness and prevention
programs;
$215,000 to Edmunds County, South Dakota for a
county-wide emergency warning system;
$1,750,000 to establish the Emergency Providers
Access Directory (EPAD), which provide a comprehensive
list of all State and local first responders so that
resources can be quickly marshaled in the case of
future large scale disaster.
$50,000 for the Court Appointed Special Advocate
(CASA) program in Davison, South Dakota which will
provide advocates for children in the First Circuit;
$100,000 for Franklin County, New York's Domestic
Violence Intervention Program to establish a third
shelter in Northern New York and to increase the
program's outreach efforts;
$250,000 to Gallatin County, Montana for the
Gallatin County Re-Entry Program to provide
supervision, support, and training to offenders
referred by Gallatin County Courts;
$500,000 for the Las Vegas Metropolitan Police
Department's Hispanic American Resources Team (HART) to
provide enhanced resources to Las Vegas' Hispanic
community;
$30,000 to the Huntington County, Pennsylvania
court security enhancements;
$750,000 for the Sam Houston State University in
Texas to establish the Institute for the Study of
Violent Groups;
$450,000 for the Iowa Elderly Fraud Prevention
Initiative;
$1,000,000 to the Iowa Department of Public Health
for an intense drug treatment initiative aimed at
nonviolent drug offenders serving time in Polk, Linn,
and Story counties;
$750,000 for Jane Doe, Inc. in Massachusetts;
$1,500,000 to Jefferson County Alabama for an
county-wide Emergency Warning System;
$1,720,000 for the Lewis and Clark Bicentennial Bi-
State Safety Project;
$500,000 for the New Hampshire Department of Safety
to train safety and municipal officers in the North
Country;
$3,000,000 for the Mental Health Courts Program in
accordance with the America's Law Enforcement and
Mental Health Project Act;
$150,000 for Louisiana's Metropolitan Battered
Womens Program;
$250,000 to the University of Mississippi for
TechLaw online training for police;
$350,000 to continue support for an innovative and
effective program which helps single head-of-household
women with children reject a life of crime and drugs
and build a self supporting lifestyle;
$4,500,000 for the Executive Office of U.S.
Attorneys to support the National District Attorneys
Association's participation in legal education training
at the National Advocacy Center;
$260,000 for the Nashua, New Hampshire Police
Department to purchase law enforcement technologies and
equipment;
$150,000 to the University of North Dakota's Native
Americans into Law program to recruit and retain
American Indian law students;
$270,000 to the University of South Carolina for
the National Center for Prosecution Ethics;
$300,000 to the New Hampshire Department of
Corrections for the purchase of digital radios to allow
officers in the Department to communicate with other
law enforcement officers around the state;
$500,000 for program expansion at the Northeastern
Illinois Public Safety Training Academy;
$185,000 for South Dakota's Northern Hills Area
court Appointed Special Advocate (CASA) Program for the
expansion of the volunteer advocate network and to
create an extension office to serve the Fourth Circuit;
$4,000,000 to the New York City Police Department
for safety equipment;
$1,500,000 for the New Hampshire State Police's and
US Attorneys Office's cooperative effort to combat
crime at the border, gang-related crime, and in
investigating outlaw motorcycle gangs;
$350,000 to Alaska's Partners for Downtown Progress
for an innovative program for alcohol offenders, using
treatment in lieu of incarceration;
$500,000 for the Philadelphia, Pennsylvania Safe
Streets Initiative;
$500,000 for the Pittsburgh, Pennsylvania Police
Bureau's Virtual Perimeter Video Surveillance system,
which allows live monitoring of multiple locations by
robotic cameras;
$410,781 for the Colorado Springs, Colorado Police
Department to integrate the Police Accountability and
Service Standards (PASS) Model department-wide;
$300,000 to the Rhode Island Select Commission on
Race and Police-Community Relations for its Police
Professionalism Initiative;
$4,000,000 for the Southeast National Law
Enforcement and Corrections Technology Center for the
implementation of Project Seahawk. Funding is provided
for the acquisition of communications equipment,
computer software and hardware technology, and research
and development needed to execute the project;
$2,000,000 to include New Hampshire police, medical
and fire services in a comprehensive public safety
training and communications system;
$55,000 for the Multnomah County, Oregon sheriff's
Office to purchase portable radios to be used by the
fifty-one members of its reserve unit;
$1,000,000 for the Ridge House Treatment Facility
to provide stabilization, habilitation, and re-entry
skills to the Nevada criminal justice population;
$500,000 to the Robinson Community Learning Center
in South Bend, Indiana to support efforts at reducing
the rate of local youth violence and young adult
homicide;
$100,000 to the Safe Harbor Domestic Violence
Shelter in Aberdeen, South Dakota for equipment and
programming;
$500,000 for the Salt Lake Valley, Utah Emergency
Communications Center;
$250,000 to the City of Fairfield, California for
planning, equipment, and training necessary for
response in the event of an emergency;
$1,250,000 for Standing Against Global Exploitation
(SAGE) to replicate and expand training materials,
regional training modules, and intensive technical
assistance for survivors of prostitution, sexual
exploitation, violence, abuse, and trauma;
$250,000 to the State of Wisconsin Court
Interpreter's Program for statewide training programs
for current and potential court interpreters;
$1,000,000 to Stop the Violence in South Carolina
for programs to reduce crime and create sustainable
neighborhood development through a successful model of
community involvement;
$180,000 for the Homeless Outreach Team (HOT) in
San Diego, California which assists the homeless in San
Diego in being placed in the appropriate social
services programs;
$1,500,000 for The National Judicial College in
Reno, Nevada to provide education and training to
judges, focusing particularly on judicial proficiency,
competency, skills, and productivity;
$2,000,000 for the Tools for Tolerance Program;
$2,000,000 for grants to implement Sections 101,
102, and 103 of Title I of the Indian Tribal Justice
Technical and Legal Assistance Act of 2000;
$1,000,000 for the TRIAD senior fraud prevention
program;
$258,476 for the Shonshone-Bannock Tribe at the
Fort Hall Reservation in Idaho. Funds will be used for
the architectural and engineering fees associated with
construction of a new Justice Center;
$200,000 to the University of New Hampshire for the
violent crime against women on campus reduction
program;
$2,800,000 for the development of a security system
at the Emergency Operations Center located in Virginia;
$1,000,000 for Washington County, Oregon for its
County Alcohol and Drug Free Housing project;
$250,000 to the University of Southern Colorado for
the Western Forensic Science and Law Enforcement
Training Center;
$200,000 to the Yell County, Arkansas Juvenile
Detention Center for drug and alcohol detoxification,
counseling, and rehabilitation program;
$300,000 for Montana's Yellowstone County Family
Drug Court.
Within the level of funds provided, $5,000,000 is
available for independent program evaluations. The conferees
are aware of reports concerning the success of the Doe's Fund's
Ready, Willing, and Able program. Within funds provided for
program evaluation, OJP is directed to perform a program review
of the program and submit to the Committees on Appropriations a
report detailing the results of the review and any ``best
practices'' of the program that can be applied to other similar
grant recipients.
Violence Against Women Act.--The conference agreement
includes $390,165,000 to support grants under the Violence
Against Women Act. The conference agreement provides funding
under this account as follows:
Violence Against Women Act Programs
[Dollars in thousands]
Amount
General Grants...................................... $184,537
(National Institute of Justice)......................... (5,200)
(Safe Start Program)................................ (10,000)
(Domestic Violence Federal Case Processing Study)... (1,000)
Victims of Child Abuse:
CASA (Special Advocates)............................ 11,975
Training for Judicial Personnel..................... 2,296
Grants for Televised Testimony...................... 998
Grants to Encourage Arrests Policies 64,925
Rural Domestic Violence Assistance Grants 39,945
Training Programs 4,989
Stalking Database 3,000
Violence on College Campuses 10,000
Civil Legal Assistance 40,000
Elder Abuse Grant Program 5,000
Safe Haven Project 15,000
Education and Training for Disabled Female Victims 7,500
--------------------------------------------------------
____________________________________________________
Total............................................. 390,165
OJP was required to submit a report detailing a plan to
address violence against women with particular emphasis on
Alaska, which ranks first in the Nation for domestic violence
and child abuse. The report was to be completed by May 1, 2002,
but has yet to be received by the Committees on Appropriations.
The Department is directed to provide monthly updates on its
progress until the report is completed as required.
Substance Abuse Treatment for State Prisoners.--The
conference agreement includes $65,000,000 for grants to States
and local governments for development and implementation of
residential substance abuse treatment programs within State
correctional facilities and certain local correctional and
detention facilities. Up to 10 percent of the total program
level maybe used for the treatment of parolees. These grants
should only fund treatment for individuals up to 1 year after
they are released from a State prison.
Juvenile Accountability Incentive Block Grant.--The
conference agreement includes $190,000,000 for the Juvenile
Accountability Incentive Block Grant program. The conferees
direct the Office of Juvenile Justice and Delinquency
Prevention to provide $250,000 to the American Prosecutors
Research Institute to create and report on benchmarks to
measure the use of individual programs and juvenile justice
system performance in up to four pilot States. This funding
shall be provided from the 2 percent set-aside under the
Juvenile Accountability Block Grant program for technical
assistance.
Within the level of funding provided, $25,000,000 is
available for Project ChildSafe, which has been merged with
Project HomeSafe, for the purchase and distribution of gun
safety locks. These funds may only be used to produce and
distribute gun locks based on OJP's interim standard. The
conferees note that no additional funding will be provided
until a final standard is adopted.
Harold Rogers Prescription Drug Monitoring Program.--The
conferees are concerned with the growing abuse of prescription
drugs such as OxyContin and the devastating impact it has on
families and communities throughout the country. In orderto
address this problem, the Committees on Appropriations provided
$2,000,000 in fiscal year 2002 for OJP to provide grants to States
creating new prescription drug monitoring programs and to enhance
current prescription drug monitoring programs. Prescription monitoring
programs help prevent and detect the diversion and abuse of
pharmaceutical controlled substances. States that have implemented
prescription monitoring programs have the capability to collect and
analyze prescription data much more efficiently than States without
such programs, where the collection of prescription information
requires the time consuming manual review of pharmacy files. The
conference agreement includes $7,500,000 to expand the Harold Rogers
Prescription Drug Monitoring Program. Recognizing that prescription
drug abusers often cross multiple State borders in order to fill
prescriptions, the conferees encourage States to develop systems that
allow bordering States to share information.
Prison Rape Prevention and Prosecution.--The conferees
understand that experts have conservatively estimated that at
least 13 percent of the inmates in the United States have been
sexually assaulted in prison and that many inmates have
suffered repeated assaults. Under this estimate, nearly 200,000
inmates now incarcerated have been or will be the victims of
prison rape. The total number of inmates who have been sexually
assaulted in the past 20 years likely exceeds 1,000,000. The
conferees understand that prison rape contributes to the spread
of sexually transmitted diseases such as HIV and AIDS. The
conferees also recognize that inmates with mental illness and
juvenile inmates are particularly vulnerable to sexual
victimization. The conferees further understand that most
prison staff are not adequately trained or prepared to prevent,
report, or treat inmate sexual assaults and that prison rape
often goes unreported. Finally, the conferees understand that
Congress will legislatively address this issue during the First
Session of the 108th Congress.
In order to immediately address this problem, the
conference agreement includes $13,000,000 for a new prison rape
prevention and prosecution program. This funding is provided
for statistical data collection and analysis, the establishment
of a national clearinghouse of information, and will provide
grants to States, local authorities, prisons, and prison
systems to undertake more effective efforts to prevent prison
rape, investigate such incidents, and punish the perpetrators.
The conferees expect OJP to work with the Committees on
Appropriations in the development of this program.
Senior citizens against marketing scams.--The
recommendation provides $1,995,000 for this program to assist
law enforcement in preventing and stopping marketing scams
against the elderly. The conferees request that some program
sessions be held at the National Advocacy Center. Also, the
conferees direct that this effort be coordinated with the
Federal Trade Commission.
Terrorism Prevention and Response Training for Law
Enforcement and Other Responders.--The conference agreement
includes $15,000,000 for terrorism prevention and response
training for law enforcement and other responders to be
administered by the Bureau of Justice Assistance (BJA). The
conferees expect the grant approval process to include a review
of training curricula and materials to ensure that grantees are
using up-to-date training techniques. BJA is encouraged to work
with the Office of Domestic Preparedness in the execution of
this program. This program shall be available for the costs of
developing training, conducting training, and procuring
training equipment and materials.
Within the amounts appropriated, the conferees expects
BJA to examine each of the following proposals, to provide
grants if warranted, and to submit a report to the Committees
on Appropriations on its intentions for each proposal:
$500,000 for the Iowa Central Community College
regional first responder training center;
$1,000,000 for the Onondaga Community College for a
Regional Anti-Terrorism Training Center;
$1,000,000 for the University of Tennessee Center
for Homeland Security and First Responding Training;
$3,000,000 for the National Terrorism Preparedness
Institute of the Southeastern Public Safety Institute
of St. Petersburg College;
$300,000 for the City of Arcadia, CA for a regional
public safety training facility;
$250,000 for Southern Kane County, IL Fire Training
Facility for first responders including both fire and
law enforcement personnel;
$1,000,000 for the Southern Anti-terrorism Regional
Training Academy;
$500,000 for the Northeast Wisconsin Technical
College's Tactical Training Facility in Green Bay, WI;
$2,000,000 for the National Community Training and
Response Center at Kirkwood Community College in Cedar
Rapids, IA;
$500,000 for the Public Safety Academy in the Santa
Clarita Valley, CA;
$1,000,000 for the Regional Counter-Drug Training
Academy in Meridian, MS for anti-terrorism training for
first responders;
$500,000 for the Regional Public Safety Center in
Erie County, NY for first responder training programs
in the Erie and Buffalo region;
$544,000 for the Criminal Justice Academy at
Brevard Community College in Coca, FL for first
responder training;
$150,000 for Williamson County, TX to purchase a
portable testing chamber to train officers to function
under chemical and biological warfare conditions;
$100,000 for Armstrong County, PA for a centralized
homeland security training center;
$750,000 for the Essex County, NJ Office of
Emergency Management for response training and
equipment;
$400,000 for the Las Vegas, NV Metropolitan Police
Department for defense and disaster response training
and equipment;
$150,000 for the Lowell, MA Police Department for
civilian emergency response team training;
$250,000 for the City of Norfolk, VA Police
Department's Anti-terrorism and Disaster preparedness
program;
$200,000 for the New Mexico State University to
develop homeland security related education and
training programs and identify and threats;
WEED AND SEED PROGRAM FUND
The conference agreement includes $58,925,000 for the
Weed and Seed program.
COMMUNITY ORIENTED POLICING SERVICES
The conference agreement includes $928,912,000 for the
Community Oriented Policing Services (COPS). The conference
agreement provides funding under this account as follows:
COMMUNITY ORIENTED POLICING SERVICES
[Dollars in thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Public Safety and Community Policing:
Law Enforcement Hiring/Overtime........................ $200,000
Training and Technical Assistance...................... 20,662
Tribal Law Enforcement................................. 35,000
Police Corps........................................... 15,000
Methamphetamine Enforcement & Clean-up................. 57,132
Bulletproof Vests...................................... 25,444
------------
Subtotal, Public Safety and Community................ 353,238
============
Crime-Fighting Technologies:
Law Enforcement Technology Program..................... 189,954
Interoperability....................................... 20,000
(Transfer to the BJA)................................ (3,000)
(Transfer to NIST--OLES)............................. (5,000)
Crime Identification Technology Act.................... 69,075
(Safe Schools Technology)............................ (17,000)
National Criminal History Improvement.................. 40,000
Crime Laboratory Improvement Program................... 40,538
DNA Backlog Elimination................................ 41,000
------------
Subtotal, Crime-Fighting Technologies................ 400,567
============
Prosecution Assistance:
Southwest Border Prosecutors........................... 40,000
Gun Violence Reduction Program......................... 45,000
------------
Subtotal, Prosecution Assistance..................... 85,000
============
Community Crime Prevention:
Police Integrity....................................... 16,963
Offender Reentry....................................... 14,934
School Safety Initiatives.............................. 15,210
Project Sentry......................................... 10,000
------------
Subtotal, Community Crime Prevention................. 57,107
============
Management and Administration.............................. 33,000
============
Total, Community Policing Services................... 928,912
------------------------------------------------------------------------
COPS Hiring Program.--The conference agreement includes
$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. The
budget request did not include any funding for this purpose.
Through its knowledge of the local communities and interaction
with citizens, local law enforcement plays a critical role in
preventing and detecting terrorism and sharing this information
with State and Federal law enforcement. The conferees also
recognize that while local law enforcement responsibilities
have expanded to include counterterrorism since September 11th,
daily crime prevention and law enforcement duties must still be
performed. Further, the conferees recognize that it is local
law enforcement's role to respond to citizen concerns and
alleviate fears related to terrorism and other violent crimes.
The conferees expect the COPS Program Office to ensure the
appropriate emphasis on law enforcement's role in combating
terrorism, violence, and drug crime, and securing our nation's
schools.
In addition, the conference agreement makes 30 percent of
the funding available for law enforcement overtime costs for
training and the prevention of acts of terrorism and other
violent and drug-related crimes. The conferees feel that the
cities of New York, NY, Detroit, MI and Wayne County, MI may be
eligible under this program for anti-terrorism efforts.
The conferees also recognize that State and local law
enforcement agencies depend on technology and communications
equipment to perform their jobs safely and effectively.
Therefore, the conference agreement includes language for a new
communications technology grant program under the COPS Crime-
Fighting Technologies section of this report.
Within the level of funding provided, the conferees
expect the COPS office to provide training to assist school
resource officers in preventing terrorist acts aimed at
schools. The officers will be trained in non-intrusive
defensive measures to reduce the vulnerability of schools to
terrorist attacks and offensive measures to prevent, deter, and
respond to terrorism. The conferees direct that a report be
provided to the Committees on Appropriations no later than 60
days after enactment of this Act to include a spending plan for
this effort and the hiring and overtime effort described above.
Police Corps.--The conference agreement includes
$15,000,000 for the Police Corps program. The conferees
understand that sufficient prior year unobligated balances
exist to allow the program to maintain at least its current
level. The conference agreement includes bill language, as
requested, providing that funding agreements shall include
thefunding for outyear program costs of new recruits. This language is
necessary to prevent the program from incurring unfunded future
liabilities as new recruits enter the program.
The conferees understand that in fiscal year 2002 there
were 22 States training recruits in the Police Corps programs.
Within the available funding, including carryover balances, OJP
is expected to fund additional programs as more State programs
meet OJP program criteria. The conferees understand that Public
Law 107-273 authorizes increased payments for scholarships,
educational reimbursements, and stipends for trainees. However,
the Administration's budget request did not include additional
funding to accommodate these increased costs. Therefore, in
order to ensure there are sufficient resources to fund
additional training programs, the conference agreement directs
OJP to continue to provide payments at the levels authorized in
fiscal year 2002. In addition, the conference agreement directs
OJP to standardize the funding provided for recruit training
and require State matching funds for training costs. The
conference agreement directs OJP to submit a Police Corps
financial plan no later than 180 days after enactment of this
Act.
The conferees expect OJP to work with State Police Corps
programs to ensure these programs are providing effective and
up-to-date terrorism prevention and response training. The
conferees also recognizes that every State will not implement a
Police Corps program and that the vast majority of law
enforcement training will not be performed in Police Corps
programs. The conferees direct OJP to submit a report no later
than 180 days after enactment of this Act, describing how
successful Police Corps training techniques can be incorporated
in State and local law enforcement academies in order to
maximize the number of recruits that receive this advanced
training. The report shall also describe OJP's efforts to
incorporate terrorism prevention and response training into the
Police Corps program and discuss the feasibility of
establishing regional Police Corps training centers.
Indian Country.--The conference agreement includes
$35,000,000 to be used to improve law enforcement capabilities
on Indian lands and native villages, both for hiring uniformed
officers, including village public safety officers, and for the
purchase of equipment and training for new and existing
officers. The conferees recommend that five percent of these
funds be provided directly to tribal judicial systems to assist
Tribal courts with the increased caseload associated with the
increased arrests as a result of the additional funds for
tribal law enforcement.
Methamphetamine Enforcement and Clean-Up.--The conference
agreement includes $57,132,000 for State and local law
enforcement programs to combat methamphetamine production and
distribution, to target drug ``hot spots,'' and to remove and
dispose of hazardous materials at clandestine methamphetamine
labs.
Within the amount provided, the conference agreement
includes $20,000,000 to reimburse the Drug Enforcement
Administration (DEA) for assistance to State and local law
enforcement for proper removal and disposal of hazardous
materials at clandestine methamphetamine labs.
In addition, within the amount provided, the conferees
expect the COPS Program Office, in consultation with DEA, to
examine each of the following proposals, to provide grants if
warranted, and to submit a report to the Committees on
Appropriations on its intentions for each proposal:
$415,000 for the Oklahoma Bureau of Narcotics and
Dangerous Drug Control to properly train and equip
officers for operations involving clandestine
methamphetamine labs;
$150,000 for the Criminal Justice Institute at the
University of Arkansas at Little Rock to train rural
law enforcement officers in the issues of safety,
investigation, and evidence collection related to
methamphetamine production;
$1,500,000 for the Indiana State Police to combat
the production, distribution, and use of
methamphetamine;
$500,000 to the Nebraska State Patrol for a
Methamphetamine Drug Use Enforcement and Research
Program. Funding is provided for drug treatment,
enforcement enhancements, and laboratory enhancements;
$3,000,000 for the continuation of the Washington
State Methamphetamine Program;
$2,200,000 for the Sioux City, Iowa Regional
Methamphetamine Training Center, to provide training to
officers from eight states;
$500,000 for the Minot State University, ND, rural
methamphetamine project;
$800,000 for the Meth Laboratory Eradication
Program located in the Ohio Bureau of Criminal
Identification and Investigation, Narcotics Section;
$500,000 for the Virginia State Police to assist
their efforts in combating methamphetamine;
$100,000 for the Tangipahoa Tri-Parish Meth Task
Force for clean-up and equipment;
$750,000 for Marshal, Cullman, Walker and Etowah
Counties, AL for methamphetamine initiatives;
$300,000 for the South Central Missouri Drug Task
Force;
$300,000 for the Southeast Missouri Drug Task
Force;
$125,000 for Cowley County, KS Sheriff's Department
for methamphetamine clean-up and enforcement;
$125,000 for Butler County, KS Sheriff's Department
for methamphetamine clean-up and enforcement;
$125,000 for Montgomery County and Independence, KS
Police Department for methamphetamine clean-up and
enforcement;
$1,000,000 for the Methamphetamine Task Force in
East Tennessee, to fight the spread of meth labs in
this region;
$500,000 for the Arkansas Methamphetamine Law
Enforcement Initiative, including the Arkansas State
Crime Lab, and the Arkansas State Crime Lab to combat
methamphetamine abuse;
$4,000,000 for the California Department of
Justice, Bureau of Narcotic Enforcement, for the
California Methamphetamine Strategy (CALMS);
$250,000 for the Oklahoma City Police Department
for a Methamphetaimine/Drug Hot Spots Initiative;
$250,000 for Polk County, FL Sheriff's Department
to combat methamphetamine production, distribution, and
abuse;
$750,000 for the Pennyrile Narcotics Task Force in
Madisonville, KY;
$250,000 for Lincoln County, OR for methamphetamine
intervention and enforcement;
$400,000 for Marion County, OR for methamphetamine
surveillance, search, and seizure training and
equipment;
$100,000 for the Jackson County, AL Sheriff's
Office Methamphetamine Enforcement Program;
$525,000 for the Lee County, SC, Sheriff's
Department methamphetamine program;
$500,000 for the Orangeburg County, SC Sheriff's
Department to fight methamphetamine;
$505,000 for the Cherokee Nation Methamphetamine
Enforcement and Biohazard Disposal Program in
Tahlequah, OK;
$600,000 for the Jackson County, IL Sheriff's
Department to establish a methamphetamine lab
dismantling project;
$500,000 for Tennessee's 13th Judicial District
Drug Task Force to combat methamphetamine production;
$500,000 for personnel, training, and equipment
under the Arizona Methamphetamine Initiative;
$1,000,000 for the Iowa Crime Free Rural State
Program;
$1,000,000 for the Iowa Office of Drug Control
Policy to combat the spread of methamphetamine in east
central counties through intelligence gathering,
enforcement, and lab clean up operations;
$4,000,000 for Hawaii County, Hawaii to carry out
enforcement, prosecution, and cleanup activities
associated with the manufacture, use, and distribution
of methamphetamine;
$250,000 for the Jackson County, Mississippi
Sheriff's Department to combat methamphetamine;
$200,000 to Marion County, Oregon for its Meth Lab
Surveillance and Eradication project, which will
provide law enforcement with training, equipment, and
an improved communications system;
$750,000 for the Mississippi Bureau of Narcotics to
combat methamphetamine and to train officers on the
proper recognition, collection, removal, and
destruction of methamphetamine;
$1,000,000 for the Missouri Drug Eradication
Initiative;
$1,500,000 for MoSmart. Funding is to assist
sheriffs and rural drug task forces in combating
methamphetamine production, use, and distribution by
providing needed equipment, training, and lab clean up
resources;
$1,000,000 to the Central Utah Narcotics Task Force
for the Sevier Region Methamphetamine Project;
$500,000 for the Iowa Office of Drug Control Policy
to combat the spread of methamphetamine in south
central Iowa through intelligence gathering,
enforcement, and lab clean-up operations;
$500,000 to the Vermont Department of Public Safety
to support the Vermont Drug Task Force;
$1,400,000 for the Wisconsin Methampetamine Law
Enforcement Initiative;
COPS Interoperable Communications Technology Program.--
The conference agreement provides $20,000,000 for the Office of
Community Oriented Policing Services (COPS) Interoperable
Communications Technology program. This program should be
designed and implemented by the COPS Office, in coordination
with the National Institute of Justice's Advanced Generation of
Interoperability for Law Enforcement (AGILE) program and the
Bureau of Justice Assistance (BJA). The conferees seek to
utilize the expertise of all three organizations so as to
create a grant program that is highly responsive to the
immediate needs of the State and local law enforcement
community.
This program should address the critical need of law
enforcement to improve cross-jurisdictional communication and
information sharing. The conferees direct the COPS Office to
develop and submit to the Committee, no later than 60 days
after the implementation of this Act, proposed guidelines for
the program. In addition, this program should be coordinated
with other Federal grant programs designed to address
communications interoperability, so as to develop a
comprehensive strategy for improving the current state of
public safety communications systems. Consistent with the COPS
Office's existing grant programs, the COPS Interoperable
Communications Technology program should include a 25 percent
match requirement.
The conferees understand and support the need for minimum
standards for law enforcement communications technology.
Therefore, within the amount provided, the conferees direct
that $5,000,000 be transferred to the National Institute of
Standards and Technology to continue the efforts of the Office
of Law Enforcement Standards (OLES) regarding the development
of a comprehensive suite of minimum standards for law
enforcement communications. In addition, to continue the
research and development of improved communications
technologies, the conferees direct that within the amounts
provided, $3,000,000 is to enhance the current program level
for NIJ's AGILE program.
Law Enforcement Technology Program.--The conference
agreement includes $189,954,000 for the COPS Law Enforcement
Technology Program for the continued development of
technologies, communications equipment, and automated systems
to assist State and local law enforcement agencies. The
conferees realize that a large portion of the projects funded
under this account are for enhanced communications systems. The
conferees expect that, wherever feasible, voice/data
communications equipment purchased with funds from this account
be incorporated into an intra- or inter-jurisdictional strategy
for communications interoperability among Federal, State, and
local public safety first responders.
Within the amounts provided under this account, grants
should be provided for the following:
$5,000,000 to I-Safe America for internet safety
education for grades K-12 to prevent child predation on
the internet;
$7,100,000 for the Southwest Border Anti-Drug
Information System of which $3,500,000 is to go to the
State of Idaho;
$1,000,000 for the Downriver Mutual Aid Data
Network for an 800mhz digital communications system;
$500,000 to the Sandy City, Utah Police Department
for an automated records storage and communications
system to operate in conjunction with the court system;
$3,000,000 for Law Enforcement On-Line (LEO)
information system which provides criminal justice
information to law enforcement agencies throughout the
country;
$3,000,000 for the City of Milwaukee, Wisconsin's
Police Department to purchase and install mobile
digital radios in its squad cars, and to increase
public access to data through GIS crime-mapping and
other technologies;
$1,000,000 for the County of Bergen, New Jersey to
implement a multi-agency radio communications system
that will provide interoperability capability across
all agencies and integrate the operations of the Bergen
County government;
$1,000,000 for the New Castle County, Delaware
Police Department for a new records management system,
additional computers and software, and surveillance
equipment;
$350,000 for the City of Huntsville, Alabama to
upgrade computer systems in police headquarters and
district stations;
$1,000,000 for Project Hoosier SAFE-T, a statewide
emergency response and telecommunications project;
$800,000 to the Rockdale County, Georgia Sheriff's
Office to purchase mobile data computers and in-car
video systems;
$5,000,000 for the Stark County Sheriff's
Department, OH for a law enforcement communications
system;
$2,500,000 for the Regional Law Enforcement
Technology Program in KY;
$4,000,000 for the Simulated Prison Environment
Crisis Aversion Tools for programs in Alabama, North
Carolina, and Pennsylvania;
$100,000 for Loudoun County, VA for a court
automation modernization project;
$200,000 for a New Orleans Metropolitan Crime
Commission;
$100,000 for the St. Tammany Parish, LA Sheriff's
Office for law enforcement technologies;
$50,000 for the Slidell, LA Police Department for
technologies to increase information sharing;
$50,000 for the Jefferson Parish, LA Sheriff's
Office for law enforcement technologies;
$50,000 for the Harahan, LA Police Department for
systems to assist in the investigating, responding to
and preventing crimes;
$219,000 for the Virginia Sheriff's Association
Terrorist Information Network;
$3,000,000 for the Center for Criminal Justice
Technology;
$1,250,000 for the San Diego County, CA Sheriff's
Department for automation infrastructure improvements;
$1,500,000 for Morris County, NJ for police
communications and law enforcement technologies;
$765,000 for video cameras for Virginia law
enforcement vehicles in the jurisdictions of: $100,000
for Henry County, $100,000 for Pittsylvania County,
$40,000 for Franklin County, $40,000 for Mecklenburg
County, $40,000 for Halifax County, $40,000 for
Campbell County, $25,000 for Appomattox County, $25,000
for Charlotte County, $25,000 for Lunenburg County,
$25,000 for Brunswick County, $100,000 for Albermarle
County, $25,000 for Bedford County, $25,000 for
Cumberland County, $25,000 for Prince Edward County,
$25,000 for Buckingham County, $25,000 for Nelson
County, $25,000 for Greene County, $25,000 for Fluvanna
County, $15,000 for the City of Bedford, and $15,000
for the Town of Rocky Mount;
$155,000 for mobile data terminals for the
Albermarle County, VA Police Department ($50,000) and
the cities of Charlottesville VA ($40,000), Danville,
VA ($40,000), and Martinsville, VA ($25,000);
$50,000 for Pickaway County, OH Sheriff's
Department for law enforcement technologies;
$500,000 for Putnam County, IL Sheriff's Department
for law enforcement technologies;
$750,000 for the City of Peoria, IL Police
Department for law enforcement technologies;
$800,000 for the East Valley Community Justice
Center;
$250,000 for the Redlands Police Department, CA for
law enforcement technologies;
$500,000 for the City of Louisville, KY for in-car
video systems and mobile data terminals;
$100,000 for the Shivley, KY Police Department for
in-car video systems, mobile data terminals, and video
surveillance equipment;
$5,000 for the Jeffersontown, KY Police Department
for law enforcement technologies;
$500,000 for the Onondaga, NY Sheriff's Office for
law enforcement technologies;
$200,000 for the City of Syracuse, NY Police
Department for law enforcement equipment and
technologies;
$1,100,000 for the National Training and
Information Center (NTIC);
$1,000,000 for Pinellas County, FL for a facial
recognition program;
$1,000,000 for the City of Largo, FL Police
Department for laptops/mobile data terminals in
vehicles;
$1,000,000 for the Florida Department of
Corrections for a system to electronically monitor
criminal probationers and link their location to crime
events;
$500,000 for the Hanover County, VA Sheriff's
Office for communications upgrades;
$250,000 for the City of Winston-Salem, NC for
mobile data terminals;
$250,000 for the Riverside, CA Police Department
for technology enhancements;
$72,000 for the Lewis County, WV Sheriff's
Department for an upgraded records management system
and an automated dispatching system;
$900,000 for the Concord, NC Police Department for
a records management project;
$100,000 for DuPage County, IL for a geographic
information system;
$500,000 for Cobb County, GA Sheriff's Department
for a multi-level law enforcement technology system;
$87,000 for McHenry County, IL for equipment for
the McHenry Sheriff's Training Facility;
$60,000 for the Vernon Parish, LA Sheriff's Office
for law enforcement technologies;
$200,000 for the Woodland, CA Police Department for
law enforcement equipment and technologies;
$150,000 for in-car video cameras and an integrated
records management system for the York, PA police
department;
$250,000 for the Orange County, Sheriff's
Department of Santa Ana, CA for mobile data terminals;
$350,000 for the City of Fort Wayne, IN Police
Department for in-car video cameras and mobile data
terminals;
$500,000 for the Lafourche Parish, LA Sheriff's
Department for investigative equipment;
$1,500,000 for the Maryland State Police Department
for a police vehicle technology system;
$3,000,000 for the State of California for the
California Anti-Terrorism Information Center;
$600,000 for the Indianapolis, IN Police Department
to upgrade mobile data terminals;
$845,000 for the Williamson County, TX Sheriff's
Department for law enforcement technology and training
equipment;
$250,000 for Gladstone, OR for a public safety
communications system upgrade;
$1,000,000 for the Texas State University System to
develop an integrated training and information-sharing
network to enhance criminal information;
$70,000 for the City of Harstelle, AL Police
Department for technology and equipment enhancements;
$50,000 for the City of Rogersville, AL Police
Department for equipment and technology upgrades;
$50,000 for the Limestone County, AL Sheriff's
Office for law enforcement technology and equipment
upgrades;
$750,000 for the East Providence, RI Police
Department for technology upgrade initiatives;
$300,000 for the Lincoln, RI Police Department for
technology upgrade initiatives;
$500,000 for the Woonsocket, RI Police Department
for technology upgrade initiatives;
$2,000,000 for the Los Angeles, CA County Sheriff's
office for a training equipment;
$600,000 for the Arkansas Crime Information Center
for phase II of the JailNet system;
$250,000 for the Williamsburg County, SC Sheriff's
Office to implement a communications network;
$600,000 for the City of Toledo, OH for technology
upgrades and enhancements for three district police
stations;
$867,000 for the Arlington County, VA Police
Department to obtain Mobile Data Terminals and upgrade
its records management system;
$300,000 for the Fitchburg, MA Police Department
for online booking/laser technology;
$1,500,000 for the Phoenix, AZ police department
for law enforcement equipment including laptop
replacements;
$550,000 for Avondale, AZ for a new police data
retrieval and records management system;
$100,000 for Lake County, IN to enhance the Law
Enforcement Management System;
$600,000 for Porter County, IN to install a Tiburon
integrated public safety computer system;
$350,000 for the City of New Bedford, MA Police
Department for technology upgrades;
$500,000 for Broward County, FL for technological
security improvements at Port Everglades, FL;
$1,000,000 for Worcester Polytechnic Institute in
Worcester, MA for law enforcement and first responder
technologies;
$1,000,000 for the Cities of Bayamon and Guaynabo,
PR for law enforcement technologies;
$1,000,000 for the Puerto Rico Police Department to
purchase portable radios;
$400,000 for the Suffolk County, NY Police
Department for enhancements and additions to existing
communications systems;
$35,000 for the Eastchester, NY Police Department
for in-car technologies;
$50,000 for the City of Rialto, CA for anti-
terrorist technology;
$1,000,000 for the Bayonne, NJ Police Department
for radio system replacement;
$500,000 for the City of Elizabeth, NJ to equip a
Communication Command Center;
$500,000 for the City of Hoboken, NJ to upgrade a
radio communication system;
$250,000 for the Los Angeles County, CA Sheriff's
Department for a mobile communications system;
$250,000 for Orange County, CA for Mobile Data
Terminals;
$111,000 for the San Louis County, CA Sheriff's
Department for law enforcement technologies;
$250,000 for the Government of the Virgin Islands
to obtain high technology crime fighting equipment;
$200,000 for the Denver, CO public safety
intelligent integration project;
$500,000 for the seamless emergency communications
network for the Imperial Valley Emergency
Communications Agency;
$200,000 for the City of Houston, TX to implement
the Enhanced Video Imaging Initiative;
$500,000 for the National Center for Rural Law
Enforcement's Internet Project;
$250,000 for the Beaverton, OR Police Dept.
Identity Theft program;
$1,000,000 for the City of New York, NY to equip a
new police laboratory;
$200,000 for the Borough of Tinton Falls in
Monmouth County, NJ for law enforcement and emergency
communications upgrades;
$50,000 for the Borough of Frenchtown, NJ Police
Department for in-car video cameras;
$100,000 for the City of Jackson, TN to purchase
and install Mobile Data Terminals in police cars;
$3,000,000 for Tucson, AZ for public safety
communications upgrades, of which $1,000,000 shall be
for Cochise County;
$1,000,000 for Harris County, TX for a 911
emergency network;
$1,000,000 for Placer County, CA for public safety
communications upgrades;
$500,000 for the City of Roseville, CA to improve
communications among public safety agencies;
$750,000 for the City of Springfield, OH for
communications upgrades;
$170,000 for Delaware County, NY for a
communications system upgrade study;
$250,000 for the DuPage County, IL Emergency
Operations Center for equipment upgrades;
$157,000 for the City of Rancho Cucamonga, CA for
an emergency communications program;
$350,000 for the City of Upland, CA communications
and technology upgrades;
$500,000 for Washington County, MD for a multi-
jurisdictional radio communications system;
$2,000,000 for Greene County, MO for interoperable
communications system for first responders;
$250,000 for Warren Township, NJ for emergency
communications equipment;
$500,000 for Glades County, FL for emergency
communications equipment;
$1,000,000 for the City of Chesapeake, VA public
safety departments for a computer aided dispatch
system;
$500,000 for Imperial County, CA for the
development of an inter-agency emergency communications
system;
$500,000 for Sevier County, TN for interagency
communications equipment;
$500,000 for Hennepin and Caver counties, MN for a
regional public safety communications system;
$250,000 for North Hempstead, NY Department of
Public Safety for communications upgrades;
$500,000 for Kenosha, WI to modernize
communications capabilities between police, fire and
public safety agencies;
$1,000,000 for the City of Virginia Beach, VA to
upgrade technology and infrastructure at the city's
emergency communications and operations center;
$500,000 for Stamford, CT to upgrade emergency
response infrastructure;
$500,000 for Franklin County, PA Emergency
Management Agency for communications equipment;
$1,000,000 for the Colorado Division of Information
Technologies for a seamless State-wide wireless
communications system;
$500,000 for Pasco County, FL to upgrade
communications equipment;
$500,000 for LaSalle County, IL for a county-wide
public safety communications system;
$1,000,000 for the County of Salt Lake, UT for
consolidation of the 911 dispatch system;
$750,000 for the City of Abilene, TX for purchase
of emergency response and public safety communications
equipment;
$500,000 for the State of Alabama for a statewide
homeland defense network;
$860,000 for Matteson, IL for a SouthCom Combined
Dispatch Center;
$978,000 for the South Suburban Mayors and Managers
Association in East Hazel Crest, IL for a pilot joint
dispatch center and regional law enforcement technology
center;
$2,000,000 for City of Detroit, MI, homeland
security technology and training needs;
$1,500,000 for the Twin Cities, MN area for
communications radios for the Metro Radio Board;
$500,000 for the city of Madison, WI to create a
consolidated 911 Computer Aided Dispatch and Records
Management System;
$1,000,000 for the Lower Rio Grande Valley
Development Corporation to establish a regional first
responder communications system;
$250,000 for the Los Angeles County, CA Sheriff's
Department for a mobile communications system;
$250,000 for the City of Belmont, CA to upgrade
emergency communications technology;
$176,000 for Center Line, MI to upgrade records and
dispatch system;
$250,000 for the Southwest Central Dispatch in
Illinois for equipment upgrades;
$250,000 for the Lumber River Council of
Governments in North Carolina for a critical incident
communication system;
$1,000,000 to the City of Owensboro, Kentucky and
Daviess County, Kentucky to implement an improved
emergency responder and 911 operations system;
$250,000 to the City of Flint, Michigan for
upgrades to its 911 emergency response system;
$500,000 for the Abilene, Texas Police Department
to upgrade and expand the emergency response and
communications network;
$2,000,000 to the State of Alaska to build
statewide shared multi-agency communications network;
$1,500,000 for the Alaska Department of Public
Safety to upgrade its communications systems;
$100,000 for the Brooklyn, Ohio Police Department
to purchase a computer aided dispatch system and mobile
data terminals;
$500,000 for Brown County, South Dakota to replace
radio equipment, modernize the telephone
infrastructure, and purchase computer-aided dispatch
technology for the county's Regional Communications
Center;
$1,310,000 to the City of Jackson, Mississippi for
the public safety automated technologies system;
$300,000 for South Dakota's Cheyenne River Sioux
Tribe to modernize its current court system by
upgrading computer systems and acquiring court service
processors;
$200,000 to the Choctaw County, Alabama Emergency
Management Agency for a Emergency Warning Notification
System;
$1,400,000 for the City of Cincinnati, Ohio to
implement a record management system;
$750,000 to the City of Seattle, Washington for
digital video surveillance cameras;
$2,000,000 to the City of Oceanside, California to
upgrade the public safety radio system;
$30,000 to the Charter Township of Mt. Morris,
Michigan for closed circuit video camera technology;
$7,500,000 for a grant to the Southeastern Law
Enforcement Technology Center's Coastal Plain Police
Communications initiative for regional law enforcement
communications equipment. The state capitol of Columbia
should be given due consideration in this year's
implementation;
$250,000 to the Columbia, Mississippi Police
Department for technology;
$3,000,000 for the Consolidated Advanced
Technologies for Law Enforcement (CAT lab) Program;
$910,000 for the City and Borough of Juneau, Alaska
for equipment and technology enhancements at the Juneau
Dispatch and Evidence Center;
$300,000 for the City and Borough of Ketchikan,
Alaska for an Emergency and 911 Dispatch system;
$3,000,000 to Montgomery County, Maryland to
establish an integrated criminal justice information
system;
$1,500,000 for the Rockville, Maryland Police
Department to upgrade communications, records
management, and emergency services systems;
$750,000 to the City of Wasilla, Alaska for a
regional dispatch center;
$800,000 for the City of Jackson, Tennessee to
install mobile data terminals in police vehicles;
$1,000,000 to the City of Memphis, Tennessee to
install a regional law enforcement communications
system;
$350,000 for Cowlitz County, Washington to replace
its emergency response radio system;
$950,000 to George Mason University in Virginia for
equipment for the Critical Infrastructure Protection
Project (CIPP);
$150,000 for Curry County, Oregon to fund upgrades
and repairs needed to maintain the integrity of the
communications system;
Up to $3,000,000 for the acquisition or lease and
installation of dashboard mounted cameras for State and
local law enforcement on patrol. One camera may be used
in each vehicle, which is used primarily for patrols.
These cameras are only to be used by State and local
law enforcement on patrol;
$1,500,000 for the Delaware State Police to upgrade
communications and video capabilities, purchase a real-
time x-ray machine, and portable receivers;
$250,000 to the City and County of Denver, Colorado
for an intelligent emergency service dispatch system;
$1,000,000 for the City of Des Moines, Iowa to
develop a regional geographic information system that
will enhance homeland defense and emergency response
capabilities;
$500,000 to Eau Claire County, Wisconsin's Police
Communications Project for a computer aided dispatch
and records management system;
$2,250,000 for the Montana Public Safety Services
Office to acquire enhanced 9-1-1 communications
technology;
$810,000 for Hamilton County, Ohio to replace and
upgrade the current dispatch system;
$2,500,000 to the Harrison County, Mississippi
Sheriff's Department for the Public Safety Automated
Systems project;
$400,000 to the Indianapolis, Indiana Police
Department to upgrade the existing laptop computer
system to a wireless land area network;
$850,000 to the National Center for Victims of
Crime INFOLINK Program;
$500,000 for Jefferson County, Alabama to upgrade
the public safety radio system and improve
interoperability;
$1,000,000 to the Johnson County, Kansas Sheriff's
Department for a computer-aided dispatch system;
$200,000 for the Town of Johnston, Rhode Island to
acquire mobile data computers, a video surveillance
system for police headquarters, and an automated
telephone system;
$1,000,000 to the State of Kansas for the Public
Safety Communications Network;
$25,000 to Bath and Menifee Counties in Kentucky
for the purchase of law enforcement equipment;
$60,000 to the Rowan County, Kentucky Sheriff's
Office and the Morehead Police Department for the
purchase of radar units, mobile cameras, communications
equipment, a records management system, and other
investigative equipment;
$95,000 for Leake County, Mississippi for police
technology and equipment;
$1,500,000 for the Louisiana Commission on Law for
a Statewide Technology Coordination Project;
$1,500,000 to the City of Madison, Wisconsin Police
Department's Consolidated Communications Project for
new hardware, software, data conversion, training, and
project administration;
$1,000,000 to the Maine State Police for a new
voice and data communications system;
$2,250,000 for Minnehaha County, South Dakota to
upgrade its existing communications system and to link
with the new State of South Dakota Radio System;
$250,000 to the Madisonville, Kentucky Police
Department for mobile data terminals;
$20,000 to Moody County, South Dakota for upgrades
to the emergency response communications system;
$750,000 to the Town of Mountain Village, Colorado
for a regional public safety communications system;
$4,750,000 to the Pegasus Research Foundation,
Inc., in coordination with the National Sheriff's
Association for a multi-state information system that
will enable local law enforcement agencies to share
important criminal justice information;
$200,000 to the Kenton County, Kentucky Sheriff's
Office for communications system improvements;
$400,000 to the New Hampshire Department of Public
Safety to provide equipment and technology to ten small
law enforcement agencies throughout New Hampshire;
$750,000 for the New Jersey Marine Police Patrol
for technology upgrades.
$300,000 to the Newago County Office of
Administration for the acquisition of an 800-mhz
digital communications system;
$500,000 to the New Hampshire Police Standards and
Training Facility to purchase technology and equipment
for training recruits;
$300,000 for the Billings, Montana Police
Department for vehicle enhancements, including
automatic vehicle locators, in-car report writing
modules, and mobile roaming technology;
$515,000 for the Lubbock, Texas Police Department
to purchase mobile data terminals and related software;
$500,000 for the County of Passaic, New Jersey for
the purchase of a trunked radio system;
$1,500,000 for the Oklahoma Department of Public
Safety to provide comprehensive radio and data
communications capabilities for all emergency response
agencies units in Oklahoma;
$200,000 for the Louisville-Jefferson County,
Kentucky Public Safety Communications System to study
requirements and develop a plan to implement a common
interoperable voice and data communications system for
public safety organizations in the metropolitan area;
$200,000 to the City of Santa Rosa, California for
radio communications and emergency response systems
upgrades;
$1,500,000 to the North Carolina State Highway
Patrol for the development and implementation of an
interoperable Voice Trunking Network (VTN) real-time
voice communication system throughout the state;
$300,000 to REJIS for the establishment of a
computer information system to serve the St. Louis
Region;
$2,000,000 for the Montana Sheriff's & Peace
Officers Association for a reverse 9-1-1 system which
will allow State and local officials to distribute
emergency information to citizens over their phone
lines using auto-dialing technologies;
$750,000 to San Miguel County, New Mexico Emergency
Services for a county wide communications system;
$850,000 to Simpson County, Mississippi for a
public safety automated technologies system;
$1,500,000 for South Dakota's Sheriffs and Police
Chiefs Association to acquire communications equipment,
computers, and other crime-fighting technologies;
$2,000,000 for a grant for the Southeastern Law
Enforcement Technology Center to partner with SPAWAR
System Center Charleston to advance research and
development into software radio technology;
$750,000 to the Oklahoma Department of Public
Safety for a statewide public safety communications
system;
$1,000,000 to Wake County, North Carolina's
Department of Public Safety and Emergency Management
for technology infrastructure improvements for law
enforcement vehicles;
$200,000 for the Pike County, Illinois Sheriff's
Department to upgrade law enforcement technologies and
modernize equipment;
$50,000 for the City of West Point, Kentucky for
the purchase of law enforcement equipment;
$1,500,000 for the training of village public
safety officers and small village police offices and
acquisition of equipment and technologies;
$250,000 to the Warren County, Mississippi
Sheriff's Department for technology enhancements;
$125,000 for the Wilkinson County, Mississippi
Sheriff's Department for police technology and
equipment;
$1,000,000 for the Wilmington, Delaware Police
Department to purchase equipment and technologies;
$300,000 to the Wyoming Law Enforcement Academy in
Douglas, Wyoming for technology upgrades.
Crime Identification Technology Act.--The conference
agreement includes $69,075,000 to be used and distributed
pursuant to the Crime Identification Technology Act of 1998,
Public Law 105-251. Under that Act, eligible uses of the funds
are (1) upgrading criminal history and criminal justice record
systems; (2) improvement of criminal justice identification
systems, including fingerprint-based systems; (3) promoting
compatibility and integration of national, State, and local
systems for criminal justice purposes, firearms eligibility
determinations, identification of sexual offenders,
identification of domestic violence offenders, and background
checks for other authorized purposes; (4) capturing information
for statistical and research purposes; (5) multijurisdictional,
multiagency communications systems; and (6) improvement of
capabilities of forensic sciences, including DNA.
Within the overall amounts recommended, the conferees
expect OJP to examine each of the following proposals, to
provide grants if warranted, and to submit a report to the
Committees on Appropriations its intentions for each proposal:
$250,000 for Pennsylvania's Cross Current
Corporation Criminal Justice County Integration
Project;
$1,500,000 to the Great Cities Universities
Coalition in Georgia for criminal justice data
gathering and analysis;
$500,000 to the City of Montrose, Colorado for a
records management system and related technology to
interface with the public safety communications system;
$1,000,000 for Whatcom County, Washington's Multi-
Jurisdictional Criminal Justice Data Integration
Project to develop and implement an integrated county-
wide communications system;
$2,000,000 for the Ohio Bureau of Criminal
Investigation to purchase Live-Scan machines for use by
Ohio law enforcement agencies;
$200,000 for Henderson County, NC for COPLINK;
$1,000,000 for Harris County, TX Regional AFIS
project;
$500,000 for San Bernardino, CA for an electronic
crime report filing system;
$1,000,000 for San Bernardino, CA Sheriff's
Department, for the SECURES gunshot detection system
project;
$1,500,000 for Pinellas County, FL for a laptop
interoperability project;
$3,000,000 for the National Forensics Science
Technology Center in Largo, FL;
$1,000,000 for the Washington Association of
Sheriffs and Police Chiefs (WASPC), for the Jail
Booking and Reporting System;
$1,000,000 for the Bi-County Police Information
Network in Benton and Franklin Counties, WA;
$250,000 for the Mecklenburg County, NC Criminal
Justice Information System project;
$500,000 for the Jefferson County, AL Sheriff's
Department for an Identification Based Information
System;
$4,000,000 for the Cyber Science Laboratory for
developing advanced electronic crime and computer
forensics technology for law enforcement;
$250,000 for the King County, WA Sheriff's Office
for electronic records and DNA testing;
$500,000 for Ventura County, CA for an integrated
justice information system;
$20,000 for Madison Village, OH for a records
management system;
$250,000 for Sacramento County, CA Sheriff's
Department for records management and communications
systems;
$250,000 for the State of Illinois for a
fingerprint identification system;
$1,500,000 for St. Louis County, MO, to upgrade and
enhance criminal ID technologies for police and
sheriff's offices;
$150,000 to the Douglas County Sheriff's
Department, Douglas County, WI to upgrade and expand
the regional crime information system;
$25,000 for the City of Philadelphia, PA, for an
electronic fingerprint scanner to connect to state-wide
information;
$750,000 for the North Carolina State Attorney
General, for a Computer Forensics Initiative;
$1,700,000 for Hennepin County, MN for an
integrated criminal database system;
$400,000 for the City of New York to collect and
provide digital identification evidence to support
domestic violence cases;
$40,000 for the Eastchester, NY Police Department
for an electronic fingerprinting ID system;
$650,000 for the City of Portland, OR Police
Department for the IBIS system;
$100,000 for Wagoner County, OK for the Sex Crime
Offender Registration Enforcement (SCORE) program;
$500,000 for development of the San Diego Police
Department's Criminal Records Management System;
$750,000 for Lane County/Springfield/Eugene, OR for
law enforcement area information records system;
$500,000 to the Arkansas Crime Information Center
and the Arkansas Sheriff's Association for Phase II of
the JailNet project;
$1,000,000 to the Arkansas State Police for an
automated fingerprint identification system;
$500,000 to the Ogden City, Utah Police Department
for an automatic finger print identification system
(AFIS);
$400,000 for a Centralized Sex Offender Registry
Program for the State of Colorado;
$1,000,000 for CJIS WareNET to connect all state
law enforcement agencies into one information database;
$250,000 to the Ogden City, Utah Police Department
for a consolidated records management system;
$2,000,000 for the Alaska Criminal Justice
Information System to integrate federal, state, and
local criminal records along with social service and
other records. It expects the system design to include
the capability to provide background checks on
potential child care workers for child care providers
and families with the permission of the job applicant.
The State should consult with the National Instant
Check System for technical expertise;
$7,250,000 for the South Carolina Judicial
Department to purchase equipment for the integration of
the case docket system into a state-of-the-art
comprehensive database to be shared between the court
system and law enforcement;
$1,000,000 to the Vermont Department of Public
Safety for the Criminal Justice Integration System
Project;
$1,000,000 to the Minnesota Department of Public
Safety for the integrated criminal justice information
system titled CriMNet;
$100,000 to the Ogden City, Utah Police Department
for a facial recognition system;
$250,000 to the City of Gulfport, Mississippi for
the Gulfport Critical Incident Response Technologies;
$1,000,000 to the Missouri Office of the State
Court Administrator for computer upgrades and
modernizations of the juvenile court system;
$450,000 to implement a Louisiana Statewide Sex
Offender Database;
$800,000 for the Low Country Information Technology
Improvement Project;
$250,000 for the Offenders' Unified Tracking for
Rehabilitation, Enforcement, Assistance, and Community
Health (OUTREACH) program at the University of
Pennsylvania Lee Center of Criminology;
$2,800,000 for the South Carolina Law Enforcement
Division to obtain equipment, convert existing
databases and integrate systems for accurate and rapid
processing of information to support identifications
for criminal and civil purposes;
$250,000 to the South Bend, Indiana Police
Department for the purchase of an automated fingerprint
imaging system (AFIS);
$500,000 for the Syracuse University Cross-
Information Language Retrieval system to assist law
enforcement in the search and analysis of foreign
Internet document databases;
$1,800,000 to upgrade automated fingerprint
identification systems (AFIS) in Hawaii;
$850,000 for the University of Southern Mississippi
for crime identification technology training;
Crime Laboratory Improvement Program.--The
conference agreement includes $40,538,000 for the crime
laboratory improvement program.
DNA Backlog Elimination.--The conference agreement
includes $41,000,000 to reduce the DNA sample backlog including
the testing of date rape kits. Within this amount, $5,000,000
is available for Paul Coverdell Forensics Sciences Improvement
grants.
Within the overall amounts recommended for the Crime
Laboratory Improvement and DNA Backlog Elimination Programs,
the OJP should examine each of the following proposals, provide
grants if warranted, and submit a report to the Committees on
its intentions for each proposal:
$1,250,000 for the Florida Gulf Coast University
for DNA testing center to help train students to work
in DNA laboratories;
$1,500,000 for the Commonwealth of Virginia to
enhance existing state forensics laboratory
capabilities for analysis and training;
$1,500,000 for the Northeast Regional Forensic
Institute in Albany, NY;
$500,000 for the Northern Illinois Police Crime
Laboratory for forensic science equipment;
$2,000,000 for the State of Maryland and the City
of Baltimore DNA Labs to be evenly divided among each;
$3,000,000 for the Iowa State University Midwest
Forensics Science Center;
$2,000,000 for the New Jersey State Police for
forensics equipment;
$250,000 for the DuPage County, IL Crime
Laboratory;
$500,000 for the Center for Forensic Service in
Indian Country in Arizona;
$500,000 for the City of Whittier, CA for forensic
science equipment;
$2,000,000 for the Department of Justice of the
State of California for the Integrated Laboratory
Information Management System;
$1,500,000 for the Indiana State Police for the
Forensic DNA Analysis Unit to address the backlog;
$500,000 for the Institute for Forensic Imaging at
Indiana University Purdue University at Indianapolis;
$30,000 for Williamson County, TX for equipment to
analyze both finger and palm prints;
$750,000 for the Forensic Science Center at
California State University, Los Angeles;
$1,000,000 for Phoenix, AZ to expand the crime
lab's DNA capabilities;
$350,000 for the City of New York, NY to develop a
forensic evidence collection training program;
$250,000 for the Sacramento County, CA Sheriff's
Department to modernize its data infrastructure;
$250,000 to Allegheny County, Pennsylvania for the
Allegheny County Forensics Laboratory for improvements;
$142,900 to the Broome County, New York Government
Security Division for a computer and video forensics
laboratory;
$1,500,000 to establish the Metropolitan Forensic
Science Center in Albuquerque, New Mexico which will
serve law enforcement agencies involved in Indian
Country;
$800,000 for the Central Piedmont Community College
Forensics Lab in North Carolina;
$400,000 for the Birmingham Police Department to
improve and update their forensic laboratory;
$400,000 for the Forensics Laboratory at East
Stroudsburg University, Pennsylvania to assist
Pennsylvania's law enforcement community by expediting
the processing of the state's DNA backlog;
$500,000 to the Indiana State Police, Laboratory
Division for personnel, equipment, supplies, and
contractual needs in order to meet the increased
demands on the DNA Analysis Unit;
$400,000 to the Kansas Bureau of Investigation for
lab equipment and an information management system to
track evidence;
$3,000,000 for the Marshall University (MU)
Forensic Science Program in West Virginia;
$750,000 for the Mississippi Crime Lab to improve
the state's capability to analyze DNA evidence;
$800,000 to the Ohio Bureau of Criminal
Investigation for improvements to its Forensic Science
Lab;
$500,000 to the Pikes Peak Metro Crime Lab in
Colorado for renovations necessary to meet the demand
for DNA analysis services;
$1,500,000 to the South Carolina Law Enforcement
Division for equipment to support a federal and state
collaboration of investigators and forensics experts to
solve high technology crimes through one center;
$2,500,000 to the South Carolina Law Enforcement
Division for continued funding to support the growing
state and local law enforcement needs in the only full
service forensic laboratory in South Carolina;
$970,000 to the Southeast Missouri Crime Lab for
modernizations and equipment;
$250,000 to Texas Tech University for the Southwest
Institute for Forensic Sciences;
$4,000,000 for the West Virginia University (WVU)
Forensic Identification Program;
Southwest Border Prosecutions.--The conference
agreement includes $40,000,000 for assistance to State
and local prosecutors located along the Southwest
border, including the integration and automation of
court management systems. This program will provide
financial assistance to Texas, New Mexico, Arizona, and
California for the State and local costs associated
with the handling and processing of drug and alien
cases referred from Federal arrests. If additional
funding is required for this program, the Committees on
Appropriations will consider a reprogramming request
under section 605 of this Act.
Offender Reentry.--The conference agreement includes
$14,934,000 for the law enforcement costs related to
establishing offender reentry programs. Offender reentry
programs establish partnerships among institutional
corrections, community corrections, social services programs,
community policing, and community leaders to prepare for the
successful return of inmates to their home neighborhoods. The
amount recommended is provided to fund law enforcement
participation and coordination of offender reentry programs.
The conferees are pleased that the OJP is working in
collaboration with the Departments of Labor, Health and Human
Services, Housing and Urban Development, and Education in the
execution of this program. The conferees encourage OJP to
expand its collaboration with these departments to coordinate
the resources provided by multiple agencies of the Federal
government to address the needs of local communities.
Safe Schools Initiative.--The conference agreement
includes $15,210,000 for programs aimed at preventing violence
in public schools, and to support the assignment of officers to
work in collaboration with schools and community-based
organizations to address the threat of terrorism, crime,
disorder, gangs, and drug activities.
Within the amount provided, the COPS office should
examine each of the following proposals, provide grants if
warranted, and submit a report to the Committees on its
intentions for each proposal:
$500,000 for the Family, Career and Community
Leaders of America (FCCLA) ``Stop the Violence''
program;
$350,000 for the Virginia Attorney General's Office
for Class Action and other educational programs in
Virginia's schools;
$125,000 for the Rappahannock County, VA Sheriff's
Office for a school resource officer program;
$125,000 for the Town of Stanley, VA Sheriff's
Office for a school resource officer program;
$500,000 for the Learning for Life program;
$1,000,000 for Wichita, KS for a school safety
program in Wichita Public Schools;
$250,000 for the Pinellas County, FL Police
Athletic League;
$500,000 for Palm Beach County, FL School District
for security upgrades;
$125,000 for the Ashland County, WI Sheriff's
Department for school resource officer program;
$560,000 for Rock in Prevention;
$250,000 for development and implementation of
youth mentor programs for the Barrington Police
Athletic League;
$500,000 for School District of Philadelphia for
school violence prevention;
$500,000 for Toledo, OH Public School's Beacon
Academy to serve as an alternative to suspension;
$500,000 for Operation Quality Time;
$1,000,000 for District 29 of Southeast Queens in
New York, NY, for a Dial-Up system to strengthen home-
school-community communication;
$500,000 for the Anaheim, CA Police Department for
their School Gang Officers Division;
$150,000 for the City of Rialto, CA for the Police
Activities League program;
$500,000 for the Alaska Community in Schools
Mentoring Program;
$1,000,000 for the Police Athletic League of New
Jersey to implement a short term residential summer
camp program for youth;
$850,000 for the East Orange Police Athletics
League to provide services and programs, including
parenting classes, computer training, GED preparation,
mentoring and recreational programs;
$1,000,000 for Wisconsin's Families & Schools
Together (FAST) Prevention Program to provide services
to at-risk youth;
$60,000 for Washington County, Oregon's Hillsboro
Boys and Girls Club Gang Prevention Program which is a
targeted outreach program to deter young people from
gang involvement;
$400,000 for the New Mexico Police Athletic League
to continue the statewide Law enforcement and
Professional Business Volunteer Technology and
Mentoring program and to expand its program to assist
at-risk youth to 14 additional sites;
$1,300,000 for the University of Montana to
facilitate a statewide community based curriculum
development initiative that promotes responsible
behavior and reduces youth violence in schools and
communities;
$100,000 for the Jefferson County, Illinois
Sheriff's Office and Hamilton-Jefferson County Regional
Office of Education to implement a safe schools
program;
$500,000 for New Mexico's School Security
Technology and Resource Center (SSTAR) to provide
public schools with physical security assessments, to
test existing school security systems, and to implement
tailored security plans;
$1,500,000 to provide community-based, cost-
effective alternative programs for juveniles who are,
have been or may be subject to compulsory care,
supervision or incarceration in public or private
institutions in several states including South
Carolina;
Juvenile Justice Programs
The conference agreement includes $275,306,000 for
Juvenile Justice programs, instead of $257,801,000 as proposed
by the House and $315,425,000 as proposed by the Senate. The
conference agreement provides for the following programs:
Juvenile Justice Programs
(Dollars in thousands)
Amount
Management/Administration............................... $6,832
State Formula Grants.................................... 83,800
Discretionary Grants.................................... 89,257
Youth Gangs............................................. 11,974
State Challenge Activities.............................. 9,978
Juvenile Mentoring...................................... 15,965
Incentive Grants to Prevent Juvenile Crime.............. 46,500
(Enforcing Underage Drinking Laws).................. (25,000)
(Indian Youth Grants Program)....................... (12,472)
(Safe Schools Initiative)........................... (6,500)
Subtotal, Juvenile Prevention Programs.............. 264,306
Victims of Child Abuse Act Programs..................... 11,000
--------------------------------------------------------
____________________________________________________
Total............................................. 275,306
Discretionary Grants.--The conference agreement includes
$89,257,000 for this discretionary grant program. Within the
amounts provided, OJP is expected to review the following
proposals, provide grants if warranted, and report to the
Committees on Appropriations of the House and Senate on its
intentions.
$840,000 for Oregon Partnership for Champions for
Healthy Kids and Communities initiative to combat drug
abuse;
$1,500,000 for Girls and Boys Town, USA;
$750,000 for Yellowstone Boys and Girls Ranch for
programs assisting at-risk youth;
$1,500,000 for ``I Have a Dream'' Foundation for
at-risk youth;
$3,000,000 for the National Council of Juvenile and
Family Courts for continued support, which provides
continuing legal education and family and juvenile law;
$600,000 for Prevent Child Abuse America for the
programs of the National Family Support Roundtable;
$3,000,000 for Parents Anonymous;
$2,500,000 for the South Carolina Truancy and
Dropout Prevention Initiative;
$1,250,000 for the Teens, Crime and Community
program;
$1,900,000 for law related education for continued
support;
$200,000 for the Hazard, KY Buckhorn Wilderness
Program;
$3,000,000 for Hamilton Fish National Institute on
School and Community Violence;
$500,000 for Youth for Tomorrow;
$1,500,000 for the Harvard Medical School Center
for Mental Health and Media for a study into certain
causes of youth violence;
$1,000,000 for World Vision for at-risk youth
programs;
$500,000 for the First Tee program;
$250,000 for Operation Blue Ridge Thunder;
$1,000,000 for Residential Care Consortium for
delinquency prevention programs;
$250,000 for the Detroit Rescue Mission for its
High Course Youth Corrections Program for at-risk
youth;
$500,000 for the Child Endangerment Response
Coalition in Spokane, WA;
$250,000 for the Interagency Family Assessment Team
project;
$250,000 for Community Intensive Treatment Program
(C.I.T.Y.) and Skills Training Consortium in Alabama
for technology investments to be used by the teen
centers;
$250,000 for Page County, VA for a juvenile crime
prevention program;
$500,000 for the ARISE Foundation for at-risk
youth;
$500,000 for Youth Crime Watch of America;
$100,000 for Laurinburg, NC for a juvenile
delinquency program;
$500,000 for Orange County, CA Fire F.R.I.E.N.D.S.
program, to help reduce juvenile fire setting;
$300,000 for Miami-Dade County, FL Juvenile
Assessment Center;
$500,000 for A Child Is Missing;
$200,000 for the Somerville, MA Boxing Club for
equipment for at-risk youth programs;
$750,000 for the Brooklyn Academy of Music to help
at risk youth and combat teenage delinquency;
$500,000 for the Kennedy Kreiger Institute in MD to
create a juvenile delinquency prevention program;
$400,000 for Project AVARY to support programs for
at risk youth in California's Bay Area;
$1,000,000 for the Greater Heights Program to
provide mentoring to high-risk youth;
$200,000 for the Sports Foundation, Inc., for a
focused mentoring program for at-risk youth;
$250,000 for Bristol, RI for development and
implementation of an at-risk youth program;
$2,000,000 for the Los Angeles, CA BEST youth
program;
$100,000 for the Village of Riverdale, IL for the
Riverdale Youth Interaction Program;
$200,000 for the City of Alexandria, VA to
implement an alternative detention program for
juveniles;
$500,000 for a Family Therapy Clinic at Seton Hill
College to assist troubled teens;
$100,000 for the Washington, PA Community Arts and
Cultural Center to provide programs for at-risk youth;
$300,000 for the Franklin County, MA Community
Coalition of Teens, Youth Substance Abuse Prevention;
$300,000 for the Christian Center's Up-Reach center
in Pittsfield, MA;
$200,000 for the Juvenile Day Reporting Center in
Durham, NC;
$100,000 for the Culinary Education Training for At
Risk Youth program at Johnson & Wales University in
Miami Dade County, FL;
$1,000,000 for the Commonwealth Corporation's
Diploma Plus program to serve at-risk youth in
Massachusetts;
$500,000 for Mother Cabrini HS in New York City to
provide at-risk girls with after school tutoring,
mentoring, and prevention programs;
$125,000 for the Tilles Center, Long Island
University for programs for at-risk youth;
$400,000 for the Father Bellini Association to
expand and develop additional programs for ``at-risk''
youth in Northwest Queens;
$250,000 for the City of Mount Vernon, NY for at-
risk youth programs;
$250,000 for the New Rochelle, New York City School
District for after school programs for at-risk youth;
$500,000 for the Center for Alternative Sentencing
and Employment Services, Inc. in New York, NY to help
combat teenage delinquency and illiteracy;
$500,000 for the Elysian Valley United Community
Services in Los Angeles, CA for youth programs;
$500,000 for Lawrence Hall Youth Services in
Chicago, IL to continue delinquency prevention
programs;
$350,000 for Path Community Services, Inc. in El
Paso, TX for an after school program for at-risk youth;
$150,000 for the Catholic Charities Maine Rapid
Response program for at-risk youth;
$100,000 for Fresno County, CA for the Keep Kids in
School program;
$180,000 for the Lafayette Parish, LA Sheriff's
Office Youth Academy;
$200,000 for the Children Who Witness Violence
program in Cuyahoga County, OH;
$250,000 for Orleans County, VT for a crime
prevention community center for at-risk youth in the
Newport Derby region;
$5,000,000 for the Secure Our Schools Act;
$450,000 to the After School and Counseling
Programs for At-Risk Native American Youth in South
Dakota;
$200,000 to Task Inc. for a demonstration project
with the Circuit Court of Cook County, Illinois to
serve non-violent offenders who demonstrate mental
illness and/or substance abuse;
$35,000 for the City of Fort Thomas, Kentucky to
develop and implement a drug education and prevention
program in the school system;
$90,000 to Lewis County, Kentucky and the City of
Vanceburg, Kentucky to develop and implement a drug
education and prevention program in the school system
and provide additional resources to address law
enforcement problems associated with drug use;
$100,000 to the Patriot Center in Rockford,
Illinois for programs for at-risk youth;
$250,000 to the Birmingham, Alabama Education
Technology (BET) Center for at-risk-youth programs;
$2,000,000 for the Cal Ripken, Sr. Foundation for
youth prevention programs aimed at leadership,
teamwork, and drug prevention;
$200,000 for the Camden City, New Jersey Housing
Authority to establish a drug prevention program for
children in low income housing developments;
$250,000 to the United Way of Chittendon County,
Vermont to continue the Champlain Mentoring Initiative
Project;
$290,000 to Charles Mix County, South Dakota for a
full-time substance abuse counselor for local youth,
and for the expansion of youth programs in Lake Andes
and Wagner, South Dakota;
$75,000 to the Nez Perce Tribe in Lapwai, Idaho for
the Child Protection Program to coordinate the services
of human resource programs;
$4,000,000 to the National Center for Missing and
Exploited Children for the Child Sexual Exploitation
Campaign to expand services to law enforcement in cases
of child pornography, child molestation, and sexual
exploitation;
$400,000 to Ohio's Children Who Witness Violence
Program for crisis intervention, assessment and
treatment services to children and families impacted by
violence;
$200,000 for Parents and Children Together (PACT)
to provide gang prevention services, counseling and
outreach, and supervised, alternative activities to
youth in the Kuhio Park Terrace and Kuhio Homes housing
units in Honolulu, Hawaii;
$1,500,000 to the University of New Hampshire's
Crimes Against Children Research Center;
$300,000 for the Elizabeth Buffum Chace Family
Resource Center in Warwick, Rhode Island to provide
services for members of the community affected by
domestic violence;
$100,000 for the Family Ties Supervised Visitation
Services in Wakefield, Rhode Island to provide domestic
violence prevention and services;
$1,000,000 to Fox Valley Technical College of
Appleton, Wisconsin to increase and expand services
offered to local law enforcement involved in the
investigation of child abuse and neglect;
$200,000 to From Darkness to Light in Charleston,
South Carolina which seeks to prevent child abuse and
obtain services for victims of child abuse by providing
information about the prevalence and consequences of
child sexual abuse;
$1,000,000 to expand and replicate the Beyond Bars
program;
$300,000 to the City of Jackson, Mississippi for a
juvenile justice program;
$1,000,000 to Western Kentucky University for the
Juvenile Delinquency Project;
$390,000 for the Juvenile Fire Setters program in
New Hampshire;
$2,000,000 to the State of Alaska for a Child Abuse
Investigation Program;
$750,000 to Alaska's LOVE Social Services to
establish and enhance after school programs in
Fairbanks, AK for at risk youth;
$200,000 to the Second Judicial District Juvenile
Justice Center in Albuquerque, New Mexico, for a
truancy prevention program to help reduce juvenile
delinquency and juvenile crime;
$200,000 for the Boys and Girls Home of Nebraska to
expand programs geared towards youth who have committed
minor offenses and/or have unique mental, psychological
and behavioral problems;
$500,000 for a statewide at-risk youth mentoring
program in Alaska involving community based
organization, schools, and non-profit entities
including Boys and Girls Clubs and Big Brother-Big
Sisters.
$500,000 for Juvenile Offender Treatment and
Prevention Project to provide mental health treatment
and prevention services to youth and families involved
with or at high risk of involvement with the Tulsa
County juvenile justice system;
$500,000 for the Kansas Big Brothers Big Sisters to
expand services to all 105 counties in the state;
$500,000 to the City of Los Angeles, California for
the Family Violence Program;
$100,000 for Marion County, Oregon's Life
Directions Peer Mentoring Partnership which seeks to
break the cycle of drug addiction, violent crime, and
teenage pregnancy;
$125,000 to Virginia's Lonesome Pine Office on
Youth for the continuation of delinquency prevention
and youth development programs;
$750,000 to the Low County Children's Center in
South Carolina for continued support for a
collaborative effort among local organizations in
Charleston that provide full services to children who
have been abused;
$400,000 for Pennsylvania's Martin Luther King, Jr.
Center for Non-Violence to continue its Life Skills
program which enables students to work alongside
business and industry mentors;
$1,000,000 for the National Child Protection
Development and Training Center in Minnesota;
$2,000,000 to the National Center for Missing and
Exploited Children for the NETSMARTZ Initiative to
expand the program into schools, homes, and youth
organization nationwide;
$200,000 for Nevada Child Seekers to assist in
locating missing children and providing resources for
the families of missing children;
$750,000 for the Afterschool Services Pilot program
operated by the New Mexico State University Cooperative
Extension Service to serve youth who are at home alone
or are unsupervised between 2 and 6 in the afternoon;
$60,000 for the North Shore Youth Council in Long
Island, New York to provide family counseling and youth
development services to underserved children in the
Miller Place and Rocky Point school districts;
$3,000,000 for the `Innovative Partnerships for
High Risk Youth' demonstration;
$200,000 for Prairie View Prevention Services in
Sioux Falls, South Dakota to establish a pilot project
for the long-term treatment of juvenile methamphetamine
abuse and dependence;
$150,000 to the Crow Creek Sioux Tribe in South
Dakota for Project Safe;
$400,000 for the Rapid Response Program in
Washington and Hancock Counties in the State of Maine;
$250,000 for the Safer Learning Center in Chicago,
Illinois for expansion of mentoring and peer-learning
programs;
$200,000 to Boysville of Michigan and SER Metro
Detroit for the Samaritan Center;
$60,000 for the South Coast Inter-Agency Narcotics
Team, Coquilla, OR, for drug prevention;
$580,000 for St. Joseph's Indian School in South
Dakota for juvenile delinquency prevention programs;
$100,000 for the St. Louis for Kids program to
provide afterschool programs for at-risk elementary
school students in inner city St. Louis, Missouri;
$450,000 for the State of Pennsylvania Witness
Protection Program;
$900,000 for the Arkansas Boys and Girls Clubs to
expand after-school programs, drug and violence
prevention activities, and mentoring of at-risk
children;
$400,000 for a grant for the Milwaukee Summer Stars
Program;
$1,500,000 to The Family Development Foundation in
Las Vegas, Nevada for domestic violence prevention and
intervention;
$200,000 for the University of Southern Mississippi
Juvenile Justice Prevention Partnership program;
$300,000 for a grant to the Vermont Coalition of
Teen Centers;
$1,000,000 for the Wisconsin Safe & Sound Program
which combines aggressive enforcement, community
organizing, and the establishment of ``safe places''
for children to go during non-school hours in
Milwaukee's highest crime areas;
$600,000 to Utah State University for the Youth and
Families with Promise Program;
$300,000 for the Youth Center of Wyoming Valley,
Pennsylvania to provide preventative substance abuse
education programs;
$300,000 for the Vermont Department of Employment
and Training to establish a statewide young offender
reentry system targeted at young men aged 18-21;
$250,000 to Jefferson County, Colorado for the
Youth System Improvement Project;
$500,000 for the Youth Violence Prevention Research
Project at the University of South Alabama;
$150,000 for the City of Aberdeen, South Dakota to
establish a Youth-Adult Partnership of Aberdeen (YAPA)
community youth center, which will provide structured
out-of-school activities for teens;
$1,000,000 for Kansas YouthFriends to expand the
school mentorship program;
Within the level of funds provided, $3,000,000 is
available for independent program evaluations.
Youth Gangs program.--The conference agreement includes
$11,974,000 for the youth gang program to provide grants to
public and private nonprofit organizations to prevent and
reduce the participation of at-risk youth in the activities of
gangs that commit crimes. Within the level of funds provided,
OJP is expected to provide $520,000 for a Northern Virginia
multi-jurisdiction anti-gang task force.
Juvenile Mentoring Program (Part G).--The conference
agreement includes $15,965,000 for the juvenile mentoring
program. Within the amounts provided, OJP is directed to
provide $5,000,000 for the Big Brothers/Big Sisters of America
program.
At-Risk Children's Program (Title V).--The conference
agreement includes $46,500,000 for At-Risk Children's Program.
Safe Schools Initiative.--The conference agreement
includes $6,500,000 within Title V grants for the Safe Schools
initiative. Within this amount $5,000,000 is provided for
Project Sentry.
Within the amounts provided for the safe schools
initiative, OJP is expected to review the following proposals,
provide grants if warranted, and report to the Committees on
Appropriations of the House and Senate on its intentions.
$100,000 for the Bronxville, NY Public School
System for video surveillance equipment;
$100,000 for Barron County Restorative Justice
Programs, Inc. in Rice Lake, WI for a school truancy
initiative.
Tribal Youth Program.--The conference agreement includes
$12,472,000 within Title V grants for programs to reduce,
control, and prevent crime both by and against tribal and
Native American youth; for interventions for court-involved
tribal youth; for improvement to tribal and Native juvenile
justice systems; and for prevention programs focusing on
alcohol and drugs, including the Alaska Federation of Natives
to develop an underage drinking prevention program in rural
Alaska that includes assessment and education and focuses on
the children of alcoholics. Within this amount, the conferees
direct that $2,000,000 be provided for a grant to fund the
Alaska Illegal Drug and Alcohol Use Initiative.
Enforcing the Underage Drinking Laws Program.--The
conference agreement includes $25,000,000 within Title V grants
to assist States in enforcing underage drinking laws. Each
State shall receive $360,000 and $6,640,000 shall be available
for discretionary grants to States. OJP is directed to provide
a report to the Committee no later than March 1, 2003 on the
accomplishments of the program to date. Within the amounts
provided for underage drinking, OJP shall make an award to the
Alaska Federation of Natives to develop an underage drinking
prevention program in rural Alaska including assessment and
education, focusing on the children of alcoholics.
Victims of Child Abuse Act.--The conference agreement
includes $11,000,000 for the various programs authorized under
the Victims of Child Abuse Act as follows:
$1,747,000 to Regional Children's Advocacy Centers,
as authorized by section 213 of VOCA;
$6,008,000 to establish local Children's Advocacy
Centers, as authorized by section 214 of VOCA;
$1,000,000 for the National Children's Advocacy
Center in Huntsville, Alabama to develop and implement
a training program; and
$1,497,000 for a continuation grant to the National
Center for Prosecution of Child Abuse for specialized
technical assistance and training programs to improve
the prosecution of child abuse cases, as authorized by
section 214a of VOCA; and
$748,000 for a continuation grant to the National
Children's Alliance for technical assistance and
training, as authorized by section 214a of VOCA.
The conference report includes bill language allowing
training and technical assistance to help small, non-profit
organizations with the Federal grant process. The Conferees
direct OJP to submit a status report on the training and
technical assistance provided by September 20, 2003.
PUBLIC SAFETY OFFICERS BENEFITS
The conferee agreement includes $53,054,000 for this
account including $4,000,000 for disability benefits.
GENERAL PROVISIONS--DEPARTMENT OF JUSTICE
The conference agreement includes the following general
provisions for the Department of Justice in this bill:
Section 101 provides language, included in previous
Appropriations acts, which makes up to $45,000 of the funds
appropriated to the Department of Justice available to the
Attorney General for reception and representation expenses.
Section 102 provides language, included in Appropriations
acts for the last six years and prior to 1994, which prohibits
the use of funds to perform abortions in the Federal Prison
System.
Section 103 provides language, included in previous
Appropriations acts, which prohibits use of the funds in this
bill to require any person to perform, or facilitate the
performance of, an abortion.
Section 104 provides language, included in previous
Appropriations acts, which states that nothing in the previous
section removes the obligation of the Director of the Bureau of
Prisons to provide escort services to female inmates who seek
to obtain abortions outside a Federal facility.
Section 105 provides language, included in previous
Appropriations acts, which allows the Department of Justice to
spend up to $10,000,000 for rewards for information regarding
criminal acts and acts of terrorism against a United States
person or property at levels not to exceed $2,000,000 per
award.
Section 106 provides language similar to language
included in previous Appropriations acts, which allows the
Department of Justice, subject to the Committee's reprogramming
procedures, to transfer up to 5 percent between any
appropriation, but limits to 10 percent the amount that can be
transferred into any one appropriation.
Section 107 provides language to continue section 114 of
Public Law 107-77 during fiscal year 2003.
Section 108 provides language regarding the collection of
certain immigration fees for commercial vessels operating on
regular schedules.
Section 109 provides language regarding the establishment
of an advisory board for the Federal Bureau of Investigation.
Section 110 provides language that delays implementation
dates for certain Juvenile Justice programs.
Section 111 provides language regarding a permanent law
enforcement training facility.
Section 112 provides language regarding an immigration
inspection program.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
The conference agreement includes a total of
$5,695,127,000 for the programs of the United States Trade
Representative, the International Trade Commission and the
Department of Commerce for fiscal year 2003.
Office of the United States Trade Representative
SALARIES AND EXPENSES
The conference agreement includes $34,999,000 for the
Office of the United States Trade Representative (USTR) for
fiscal year 2003. The recommendation provides additional trade
negotiator positions and ancillary costs to address the
increasing workload associated with anticipated new trade
agreements. The budget request recommended transferring funding
jurisdiction to the Executive Office of the President. The
conferees do not concur with this proposal.
The Office of the United States Trade Representative is
responsible for developing and coordinating U.S. international
trade, commodity, and direct investment policy, and leading or
directing negotiations with other countries on such matters.
International Trade Commission
SALARIES AND EXPENSES
The conference agreement includes $54,000,000 for the
International Trade Commission for fiscal year 2003. The
recommendation provides for inflation-related costs and the
continuation of two IT projects.
The International Trade Commission is an independent,
quasi-judicial agency responsible for conducting trade-related
investigations; providing the Congress and the President with
independent, expert technical advice to assist in the
development and implementation of U.S. international trade
policy; responding to the Congress and the President on various
matters affecting international trade; maintaining the
Harmonized Commodity Description and Coding System of
internationally accepted product nomenclature; providing
technical assistance to eligible small businesses seeking
remedies and benefits under the trade laws; and performing
other specific statutory responsibilities ranging from research
and analysis to quasi-judicial functions on trade-related
matters.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The conference agreement recommends $370,192,000 in total
resources for the programs of the International Trade
Administration (ITA) for fiscal year 2003. The recommendation
includes $362,192,000 to be derived from direct appropriations
and $8,000,000 from fee collections. Of the amount of fee
collections, $5,000,000 is anticipated from a new fee proposal
requested in the budget. The agreement adopts the consolidation
of this effort within the Under Secretary/Administration
heading, as proposed.
The conference agreement includes additional funding to
monitor and enforce trade agreements, and to expand access for
U.S. companies to foreign markets. In addition, funding is
provided to ensure the United States Foreign Commercial Service
has adequate resources to fund increased security and operating
costs for overseas posts. The recommendation also assumes a
realignment of $5,975,000 from base funds for information and
communication systems and merges funding under the Under
Secretary/Executive Administration to ensure greater
efficiency, as proposed in the budget.
The following table reflects the distribution of the
recommendation by subactivity:
Trade Development.--The conference agreement provides a
total of $67,669,000 for this component and an additional
$450,000 is available from prior year unobligated balances. The
recommendation includes $500,000 for increased inflationary
costs. The conferees provide $10,000,000 for the National
Textile Centers, and $3,000,000 for the Textile/Technology
Center (TC2); $500,000 for an international competitiveness
program; $500,000 for a trade processing center; $250,000 for
an export database; and $500,000 for a travel industry
statistics component, as provided in the prior year.
Of the funds provided, $500,000 is to develop a new steel
industry information management system. Further, the
recommendation assumes a transfer of $550,000 from this heading
to the UnderSecretary/Executive Administration heading for
information and communication activities, as proposed.
Market Access Compliance.--The conference agreement
includes $31,204,000 for Market Access Compliance. Of the
amounts provided, $557,000 is to provide for increasing costs
for ongoing operations; $930,000 is provided to expand markets
by combating regulatory barriers; $576,000 is provided to
support negotiation efforts for the Free Trade Area of the
Americas; $900,000 is provided to support new efforts relating
to the Africa Growth Opportunity Act; and $850,000 is for new
efforts relating to the Caribbean Basin Initiative (CBI). The
conferees determined that it is more prudent to use direct
appropriations for the new CBI efforts instead of relying on
anticipated fees for this purpose, as proposed.
The recommendation assumes a transfer of $350,000 for
information and communication activities from this heading to
the Under Secretary/Executive Administration heading, as
proposed.
Import Administration.--The conference agreement includes
$44,229,000 for the Import Administration. Of the amounts
provided, $7,500,000 is to continue overseas compliance and
import surge monitoring and enforcement, including $3,500,000
to monitor import data and customs flows for surges in key
markets and sectors, such as steel and lumber, and take
immediate action when such surges are detected. Such action
should include using resources to expedite unfair trade cases
so U.S. companies can receive relief at the earliest possible
date. The conferees expect Import Administration to vigorously
monitor foreign subsidies so that action can be taken if the
subsidies violate trade agreements.
Of the amounts provided, $2,500,000 is provided to review
and evaluate in-depth Chinese and Japanese compliance with
antidumping and countervailing duty commitments. China and
Japan represent the majority of unfair trade actions, and the
conferees believe there is an urgent need for greater attention
to both Japanese and Chinese trade practices.
Of the amounts provided, $1,633,000 for expanded
compliance efforts, including $875,000 for additional personnel
to increase enforcement of antidumping (AD) and countervailing
(CV) duty laws, and $758,000 for the costs of five full-time
equivalents to increase legal support for increased World Trade
Organization litigation.
The recommendation also includes a transfer of $775,000
for information and communication activities from this heading
to the heading of Under Secretary/Executive Administration
heading, as proposed.
U.S. and Foreign Commercial Service (US & FCS).--The
conference agreement includes $202,040,000 for the US & FCS. Of
the amounts provided, $900,000 is to be derived from
unobligated prior year balances. The conferees provide an
additional 4 full-time equivalents and $1,125,000 for expanded
compliance efforts. The recommendation assumes $6,000,000 for
increased security costs and other uncontrollable costs of
overseas posts, and $1,000,000 is to continue funding for a
rural export program.
In addition, $1,674,000 is provided to expand U.S.
commercial presence throughout the continent of Africa; and
$1,650,000 is provided to cover the costs of a new presence in
El Salvador, as proposed. The conference agreement includes
direct appropriations for new Caribbean Basin Initiative
efforts instead of relying on fees for this purpose, as
proposed.
The conferees direct ITA to establish a partnership with
communities in the City of Chicago and in Cook County,
Illinois, to enhance trade relationships between the United
States and African countries, focusing initially on efforts
with Nigeria.
The conferees continue to direct that the US & FCS should
continue and expand its Global Diversity Initiative to support
minority-owned businesses in underserved areas, including
inner-city urban areas, empowerment zones, enterprise
communities, and Indian reservations. This initiative should
continue to include support for companies that are export-ready
and hoping to enter into and/or expand international
operations.
Further, the conferees direct the Commercial Service to
continue its work on the Appalachian-Turkish Trade Project, a
project to promote opportunities to expand trade, encourage
business interests, stimulate foreign studies, and to build a
lasting and mutually meaningful relationship between the
Appalachian states and the Republic of Turkey, as well as the
neighboring regions, such as Greece.
Executive Direction/Administration.--A total of
$25,050,000 is recommended for the administrative and policy
functions of ITA. The conference agreement includes $5,975,000
from base transfers from other activities to centralize
information and communication activities under this heading, as
proposed. In addition, $1,075,000 is for increased training
efforts.
The conferees remain concerned that ITA's efforts to
increase trade between the United States and its trading
partners are coming at the expense of the promotion of human
rights. The advancement of human rights and the development of
economies are not mutually exclusive goals. In addition, the
conferees understand that the majority of employees in the US &
FCS have not received any formalized training to assist them in
promoting human rights. Therefore, the conferees direct ITA to
develop a comprehensive training program for all officers and
employees to ensure that, when counseling U.S. businesses on
market conditions within a particular country, they must
include information on human rights, in addition to information
on rule of law issues and corporate responsibility. Of the
amounts provided for training efforts, $500,000 is to implement
a formal human rights training program. ITA is strongly urged
to work with non-government organizations, the State
Department, and private entities to develop a comprehensive
training program. The conferees direct the Secretary of
Commerce to provide quarterly reports on the progress of the
implementation of this new program.
In addition, language is included in the bill, as carried
since fiscal year 1999 designating the amounts available for
each unit within ITA. The conferees remind ITA that any changes
from the funding distribution provided in the bill and report,
including carryover balances, are subject to the standard
reprogramming procedures set forth in section 605 of this Act.
In addition, ITA is directed to report to the Committees on
Appropriations, not later than April 11, 2003, a spending plan
for all ITA units, which incorporates any carryover balances
from previous fiscal years.
Trade Missions.--The conferees direct all trade missions
involving Department of Commerce agencies must be initiated,
coordinated and administered through ITA.
Buying Power Maintenance.--The conferees direct ITA to
report on the impact of exchange rate fluctuations on ITA's
budget on a quarterly basis. The conferees expect that any
exchange rate gains reflected in this report will be reserved
to balance future exchange rate losses.
Trade Show Revenues.--The conferees direct ITA to submit
a report by the date of the budget submission on the amount of
trade show revenues that are collected on an annual basis,
expenditures from these revenues, and how they displayed in the
budget.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The conference agreement includes $79,328,000 for the
Operations and Administration of the Bureau of Industry and
Security (BIS), of which $4,675,000 is from prior year
unobligated balances. Within the total amount available, the
recommendation includes the following:
Export Administration.--$33,399,000 is provided for
export administration activities, of which $1,875,000 is from
prior year unobligated balances. The recommendation includes
$1,140,000 for export licensing personnel, as proposed.
Export Enforcement.--$31,122,000 is provided for export
enforcement activities. The recommendation continues funding
for the Dubai and Cairo attache offices, which received initial
funding in Public Law 107-117. Of which, the recommendation
provides $3,356,000 and 13 full-time equivalents to maximize
legal export opportunities while ensuring that illegal exports
are prevented.
BIS is expected to enhance its export control efforts,
including a new initiative under which BIS will send a limited
number of export enforcement agents (attaches) overseas to
conduct end--use checks. The conferees direct that, prior to
the assignment of any attache at U.S. missions overseas, BIS is
expected to provide a detailed report to the Committees on
Appropriations detailing the location and responsibilities of
each attache. Additionally, the report should detail the
arrangement between Department of Commerce andthe Department of
State concerning accommodations for these personnel within Department
of State facilities to ensure there is sufficient space.
The conferees direct BIS to conduct a comprehensive study
on the health, competitiveness, and the contribution of the
U.S. textile and apparel industry to the U.S. economy and in
particular to the U.S. armed forces. The study should include a
review of whether the United States is increasing its
dependency on foreign sources for critical textile-related
materials; potential threats to internal security from
increased foreign sourcing and dependency; and whether the
Berry amendment and other Buy-American restrictions are being
effectively enforced by the Department of Defense. The
conferees direct that the study be completed no later than July
1, 2003, and direct that $750,000 be used for this purpose.
Management and Policy Coordination--$6,879,000 is
provided for Management and Policy Coordination, of which
$2,800,000 is from prior year unobligated balances. The
recommendation includes $500,000 for a new information
technology initiative.
In addition to the amounts provided under management and
policy coordination, $7,928,000 is provided for critical
infrastructure protection efforts. The conferees note that the
primary responsibility for non-proliferation activities lies
with the Department of Defense, the Department of Energy and
the Department of State, and believes that BIS participation in
such activities should be done using funds provided from those
agencies. Language is included to rename the Bureau of Export
Administration as the Bureau of Industry and Security.
Economic Development Administration
The conference agreement includes $320,765,000 for the
programs and administrative expenses of the Economic
Development Administration (EDA) for fiscal year 2003, as
described below:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
A total of $290,000,000 is included for fiscal year 2003
for Economic Development Assistance Programs. The conferees
continue the traditional programs of the Economic Development
Administration to provide needed assistance to communities
struggling with long-term economic dislocation, as well as
sudden and severe economic dislocation. Of the amounts
provided, $205,000,000 is for Public Works and Economic
Development, $40,900,000 is for Economic Adjustment Assistance,
$24,000,000 is for planning, $9,100,000 is for technical
assistance, including university centers, $10,500,000 is for
trade adjustment assistance, and $500,000 is for research.
The conferees expect EDA to continue to assist
communities impacted by economic dislocations related to coal
industry downswings and timber industry downturns due to
environmental concerns at no less than the fiscal year 2002
level. In addition, the conferees expect EDA to focus on
communities impacted by United States-Canadian trade-related
issues, communities in New England, the mid-Atlantic, Hawaii,
and Alaska impacted by fisheries regulations, and communities
in the Southeast impacted by downturns due to NAFTA.
The conferees remind EDA that no funding is provided for
a special headquarters reserve fund.
The conferees laud EDA for its continued efforts to
strengthen private sector business activity and development on
Indian lands, and urges that it act expeditiously to develop an
implementation plan for the recently enacted Native American
Business Development, Trade Promotion, and Tourism Act.
The conferees recently approved the Economic Development
Administration's headquarters reorganization plan, based upon
the agency's commitment not to involuntarily terminate
employees and not to increase the current number of political
appointees. The conferees direct EDA to report to the
Committees on Appropriations within 120 days from the date of
enactment of this Act, on the status of the reorganization,
including relocations.
The conferees note that EDA was reauthorized in 1999
(Public Law 105-393) through fiscal year 2003. That
authorization locks into place the work that the authorization
and appropriations committees have done to reform EDA programs
to ensure that funds provided under this account be targeted to
the most severely distressed areas, which, absent the
assistance provided by the EDA, would have little to no access
to resources for critical infrastructure development and
capacity building. This puts the program on firm ground to
carry out its purpose to provide the ``seed capital'' to
distressed areas to allow local communities to increase their
ability to create new economic opportunities and jobs in
accordance with local priorities.
The conferees direct EDA to discontinue the use of single
purpose grant loans.
SALARIES AND EXPENSES
The conference agreement includes $30,765,000 for the
salaries and expenses of the Economic Development
Administration. The conferees continue direction to the
Administration to aggressively pursue all opportunities for
reimbursement, deobligations and use of non-appropriated
resources, including the care and protection of collateral
account, to be able to maximize the operating level.
In addition, the conferees remind EDA of the requirements
under section 605 of this Act regarding reorganization
proposals.
The conference agreement retains language in the bill to
provide the authority to use this appropriation to monitor
projects approved under Title I of the Public Works Employment
Act of 1976, Title II of the Trade Act of 1974, and the
Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The conference agreement includes $28,906,000 for the
Minority Business Development Agency (MBDA) for fiscal year
2003. Of the amounts provided, $16,794,000 is provided for
business development, and $12,112,000 is provided for advocacy,
research, and information programs. The conference agreement
assumes that the Entrepreneurial Technology Apprenticeship
Program (ETAP) will continue to be supported at the fiscal year
2002 level.
ECONOMIC AND INFORMATION INFRASTRUCTURE
The conference agreement includes under this section, the
Department of Commerce agencies responsible for the nation's
basic economic and technical information infrastructure, as
well as the administrative functions to oversee the development
of telecommunications and information policy.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The conference agreement includes $72,158,000 for the
economic and statistical analysis programs of the Department of
Commerce, including the Bureau of Economic Analysis (BEA), for
fiscal year 2003. Due to the Nation's economic situation, the
conferees support the request to ensure policy makers have
access to better and timely economic data. Therefore, the
recommendation includes $4,776,000 to accelerate the release of
major economic indicators; $2,116,000 to improve the processing
systems used for statistical processing; and $2,751,000 to
allow the United States to meet international agreements
including the North American Free Trade Agreement.
The Economic and Statistics Administration (ESA) is
responsible for the collection, tabulation and publication of a
wide variety of economic, demographic and social statistics and
provides support to the Secretary of Commerce and other
Government officials in interpreting the state of the economy
and developing economic policy. The Bureau of Economic Analysis
and Under Secretary for Economic Affairs are funded in this
account.
Bureau of the Census
The conference agreement includes a total operating level
of $596,299,000 for the Bureau of the Census, of which
$41,817,000 is from prior year unobligated balances from the
2000 Census.
SALARIES AND EXPENSES
The conference agreement includes $183,000,000 for the
salaries and expenses of the Bureau of the Census for fiscal
year 2003. The agreement includes $128,234,000 for current
economic statistics, and $54,766,000 for current demographic
statistics. The conferees direct the Bureau to continue to
streamline and prioritize programs to ensure the highest
priority core activities are supported. The conferees expect
the Bureau to be fully reimbursed for any non-core survey by
any other Federal agency or private organization.
In addition, the conferees are concerned that key reports
on manufacturing, general economic and foreign trade statistics
are maintained and issued on a timely basis.
This recommendation provides for the current statistical
programs of the Bureau of the Census, which includes
measurement of the Nation's economy and the demographic
characteristics of the population. Theseprograms are intended
to provide a broad base of economic, demographic, and social
information used for decision-making by governments, private
organizations, and individuals.
PERIODIC CENSUSES AND PROGRAMS
The conference agreement includes a total of $413,299,000
for all periodic censuses and related programs funded under
this heading in fiscal year 2003. Of the amounts provided,
$41,817,000 is to be derived from prior year unobligated
balances.
2000 Decennial Census Program--The recommendation
includes an operating level of $83,710,000, of which
$41,817,000 is from prior year obligations for the final year
of activities relating to the 2000 decennial census.
The recommendation includes the following:
(Dollars in thousands)
Decennial Census 2000
Program Development & Mgmt.............................. $3,461
Data Content & Product.................................. 42,651
Field Data Collection \1\............................... 4,630
ADP & Telecommunications................................ 12,826
Testing and Evaluation.................................. 16,333
Puerto Rico, Virgin Islands & Islands................... 2,472
Marketing, Communications & Partner..................... 1,337
Minus Deobligations/Unobligations....................... (41,817)
--------------------------------------------------------
____________________________________________________
Total, Decennial Census (Direct).................. $41,893
Decennial Census 2010
Operational Design Strategy............................. 6,353
Data Collection Design.................................. 2,804
Questionnaire & Content Design.......................... 1,573
System Design & Software................................ 7,220
Address List Updates.................................... 943
Test/Evaluation......................................... 22,982
--------------------------------------------------------
____________________________________________________
Re-engineered Design Process............................ $41,875
American Community Survey \2\........................... $57,131
Modern Processing Environment........................... 11,562
Geographic Partnership Programs......................... 5,447
Evaluation.............................................. 3,050
Street Address Location Correction...................... 20,741
Community Address Updating System....................... 6,500
--------------------------------------------------------
____________________________________________________
MAF/TIGER............................................... $47,300
Grand Total, Decennial Census........................... $146,306
Periodic Census.........................................
Economic Censuses....................................... 87,392
Census of Governments................................... 6,556
--------------------------------------------------------
____________________________________________________
Subtotal, Economic Programs....................... $93,948
Demographic Statistics Programs:
Intercensal Demographic Estimates................... 9,079
Demographic Survey Sample Design.................... 12,583
Electronic Information Collection................... 6,254
Geographic Support.................................. 37,624
Data Processing Systems............................. 23,795
--------------------------------------------------------
____________________________________________________
Subtotal, Demographic Programs.................... $89,335
\1\ The fiscal year 2003 budget request included $9,500,000 for an
anticipated worker's compensation payment due to the Department of
Labor. To date, no justification has been provided to substantiate this
request. No funding is provided for this purpose.
\2\ The budget request includes a total of $123,866,000 for the American
Community Survey. The Census Bureau has proposed to alter the current
process of conducting the decennial census. The current proposal is to
abolish the long-form survey, but continue the short form survey as part
of the 2010 census and replace the long-form survey with an annual
survey of 3,000,000 households. The current proposal would require the
American Community Survey to be considered a mandatory requirement for
those households being surveyed. The conferees acknowledge that
sufficient information is not available to weight the benefits of a
mandatory survey versus a voluntary survey. Therefore, the conferees
include $1,000,000 to test the response rates of both a voluntary and a
mandatory survey. The conferees direct the Secretary of Commerce to
report to the Committees on Appropriations as soon as the results of the
study are available.
Subgroup Enumeration--The conferees understand the Census
Bureau continues to face difficulty in accurately enumerating
Hispanic subgroups and urges the Census Bureau to continue to
work to address these concerns in preparation for the decennial
census.
Hiring--The conferees recommend that the Census Bureau
move decisively to improve the representation of minorities in
senior management at the Census Bureau and to improve the
representation of minorities in all areas of research. The
conferees suggest that the Census Bureau take advantage of the
Presidential Management Intern program and the Joint Program on
Survey Methodology to achieve these goals.
National Telecommunications and Information Administration
The conference agreement includes a total of $73,759,000
for the National Telecommunications and Information
Administration (NTIA) for fiscal year 2003.
The National Telecommunications and Information (NTIA) is
responsible for developing domestic and international
telecommunications and information policy for the Executive
Branch, ensuring the efficient and effective use of the Federal
radio spectrum, and administering Federal programs that
supports telecommunications facilities for public broadcasting.
SALARIES AND EXPENSES
The conference agreement includes $14,700,000 for the
Salaries and Expenses appropriation of the National
Telecommunications and Information Administration (NTIA).
The conference agreement includes $625,000 and two full-
time equivalents to improve NTIA's management of the Federal
spectrum. Due to fiscal constraints, no additional funding is
provided to upgrade existing facilities on the Table Mountain
radio quiet zone. The conferees direct the Administration to
aggressively pursue all opportunities for reimbursement,
deobligations, and use of non-appropriated resources, to be
able to maximize the operating level for this purpose.
The conference agreement assumes an additional
$26,270,000 will be available to the NTIA through
reimbursements from other agencies for the costs of providing
spectrum management, analysis and research services to those
agencies, reflecting implementation of a policy of 80%
reimbursement for such services that began in fiscal year 1999.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
The conference agreement includes $43,556,000 for
planning and construction grants for public television, radio,
and non-broadcast facilities. This amount will allow the
continuation of the existing equipment and facilities
replacement program.
Challenges are particularly great for those broadcasters
who are located in, or who serve, largely rural areas. As in
past years, the conferees continue to urge NTIA to place
emphasis on the needs of these stations, and to support
focusing resources on distance learning initiatives targeting
rural areas.
INFORMATION INFRASTRUCTURE GRANTS
The conference agreement recommends $15,503,000 for the
Information Infrastructure Grant program for demonstrations of
new telecommunications technology applications. The
recommendation is the same as the fiscal year 2002 funding
level. The accompanying bill does not include language to
terminate the program, as proposed.
The conferees note that there is some overlap between
this program and technology programs under the Department of
Justice, Community Oriented Policing Services and the Regional
Information Sharing System with respect to grants for public
safety. The conferees expect NTIA to give preference to
applications relating to public safety only when there is no
other source of funding available for such applications.
The conferees retain language making the funds provided
under this heading available for program administration and
related program support activities at the fiscal year 2002
level. The bill also includes language carried in previous
appropriation acts which will allow up to five percent of this
appropriation to be available for telecommunications research
activities directly related to the development of a national
information infrastructure (NII).
United States Patent and Trademark Office
SALARIES AND EXPENSES
The conference agreement includes $1,182,000,000 for the
United States Patent and Trademark Office (USPTO) in fiscal
year 2003. The recommendation does not include the
Administration's proposed language establishing a new fee
structure to significantly increase fees for both trademark and
patent applications resulting in additional fee collections of
$197,000,000. To date, the fee structure changes and many of
the other changes outlined in the 21st Century Strategic Plan
have not been authorized.
In fiscal year 2002, the Congress directed the PTO to
develop a 5-Year Strategic Plan for the PTO with three core
objectives: (1) prepare the agency to handle the workload
associated with the 21st century economy, (2) improve patent
quality, and (3) reduce patent and trademark pendency.
The 21st Century Strategic Plan calls for some of the
most sweeping changes to the patent review process in 200
years.
The conferees support efforts to shift resources to high
priority areas and a more gradual increase in staffing to
ensure that examiners have the expertise, tools, and training
necessary to produce quality patents on a timely basis. This
approach is consistent with the outline of the 21st Century
Strategic Plan released in June 2002.
Of the amount recommended in the bill, $1,015,229,000 is
to be derived from offsetting fees collected in fiscal year
2003 and $166,771,000 is to be derived from carryover funds
from prior years. Of the amounts provided, $14,000,000 is for
the completion of the trademark electronic processing system;
and $4,499,000 is for increased workload costs and continued
implementation costs of electronic patent filing system.
Within the amounts available, the conferees expect that
USPTO continue its relationship with the National Inventor's
Hall of Fame and Inventure Place, and the International
Intellectual Property Institute at least at the same level as
in fiscal year 2002.
The conferees understand that funding for a global
intellectual program provided in fiscal year 2002 was not
obligated. Therefore, the conferees direct USPTO to use prior
year funding to offset any additional costs necessary to
maintain the above-mentioned partnerships. The conferees remind
the USPTO that any changes from the funding distribution
provided in the bill and report, including carryover balances,
are subject to the standard reprogramming procedures set forth
in section 605 of this Act.
In addition, USPTO is directed to submit to the
Committee, not later than April 11, 2003, a spending plan,
which incorporates any carryover balances from previous fiscal
years and any increase to the patent or trademark fee
structure.
The conferees commend USPTO for its successful trademark
telework program in support of section 359 of Public Law 106-
346. Yet, despite this successful program, the patent employees
are not gaining the benefits of a similar program. The
conferees understand that telework programs can significantly
help to alleviate crowded highways in the greater Washington
area. Further, the private sector has shown that these programs
can increase the performance and morale of employees.
Therefore, the conferees direct the USPTO to provide a report
to the Committees on Appropriations, not later than April 11,
2003, containing a detailed plan to implement a telework
program for patent employees, including examiners.
The USPTO is charged with administering the patent and
trademark laws of the United States. USPTO examines patent
applications, grants patent protection for qualified
inventions; and disseminates technological information
disclosed in patents. USPTO also examines trademark
applications and provides Federal registration to owners of
qualified trademarks.
SCIENCE AND TECHNOLOGY
The conference agreement includes under this section of
Title II the Department of Commerce agencies responsible for
scientific and technological research and programs.
Technology Administration
SALARIES AND EXPENSES
The conferees recommend $9,886,000 for the Technology
Administration's Office of the Under Secretary/Office of
Technology Policy. Of the amounts provided, $1,000,000 is for
the Global Technology Summit, and $1,000,000 is for the
Networked Economy Summit.
The conferees did not support the proposed language
making a portion of the funding under this account available
until expended.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
The conference agreement includes $712,134,000 for the
appropriations accounts under the National Institute of
Standards and Technology (NIST) for fiscal year 2003.
A description of each account and the Committee
recommendation follows:
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The conference agreement includes $359,411,000 for the
Scientific and Technical Research and Services (core programs)
appropriation of the National Institute of Standards and
Technology.
The following is a breakdown of the amounts provided
under this account by activity.
FY03 Recom.
Electronics & Electrical................................ 45,731
Manufacturing Engineering............................... 21,128
Chemical................................................ 40,313
Physics................................................. 35,500
Building and Fire Research.............................. 21,542
Materials Science & Engineering......................... 56,532
Computer Applied Mathematics............................ 53,078
Technology Assistance................................... 17,679
Baldrige Quality Awards................................. 5,205
Research Support........................................ 62,703
--------------------------------------------------------
____________________________________________________
Total, STRS......................................... $359,411
Under the Building and Fire Research heading, the
recommendation includes $2,500,000 for a wind research project,
$3,000,000 for research efforts related to the World Trade
Center collapse investigation.
Under the Computer and Applied Math heading, the
recommendation includes $1,000,000 for expert review teams,
$2,100,000 for wireless technologies and computer security
checklists and guidelines, and $500,000 in support of voting
machine standards.
Under the Chemical Science and Technology Program
heading, the recommendation includes $1,000,000 to restore
reductions in environmental measurements at the Hollings Marine
Laboratory.
Under the Electronics and Engineering heading, $3,000,000
is for salaries associated with the Office of Law Enforcement
Standards to ensure that NIST has the critical personnel with
the expertise to implement law enforcement standards
initiatives proposed by their partner federal agencies.
In addition, under the Research Support heading, the
recommendation includes $2,400,000 for a telework project,
$6,500,000 for a certain critical infrastructure program, and
includes $15,000,000 for the Advanced Measurement Laboratory in
Gaithersburg, Maryland.
Further, the conferees have heard reports that U.S.
companies may not be as competitive as non-U.S. companies in
emerging markets because U.S. standards are not incorporated in
many international agreements. The conferees request NIST with
input from the ITA, to provide to the Committees on
Appropriations, no later than April 11, 2003, a plan detailing
efforts that ensure U.S. business interests are represented in
new international standard negotiations.
Competitive sourcing. The conferees understand that there
are efforts within the Department of Commerce and other
Departments, to use the implementation of the President's
Management Initiative for Competitive Outsourcing (the A-76
process) as a way to reduce staff by more than 50 percent. This
initiative is designed to compete or directly convert 15
percent of those positions identified as commercially
competitive. However, the conferees understand that efforts are
underway to identify roughly 75 percent of NIST's positions as
commercial for purposes of this initiative. While the conferees
certainly agree that there are certain advantages to
competitive outsourcing, there is a concern that blind
implementation could severely inhibit the operations of the
Institute in the future. The conferees direct NIST to provide a
detailed plan to the Committees on Appropriations prior to any
changes in support of ``competitive outsourcing''.
For more than a century, the scientists, engineers, and
supporting organizations of the Institute have established
standards that affect nearly every aspect of life and work in
America, from the doses of radiation in medical X-rays to the
level of protection in bullet-proof vests used by police
officers. NIST's mission plays an ever more critical role today
by supporting our homeland security efforts through the
development of standards for mail irradiation, guidelines for
cyber security for Federal IT systems, and by conducting the
Federal investigation of the collapse of the World Trade Center
buildings.
The recommendation does not include a requested increase
to the allowable amount to be transferred to the working
capital fund.
Industrial Technology Services
The conference agreement includes $286,623,000 for the
Industrial Technology Services appropriation of the National
Institute of Standards and Technology.
Manufacturing Extension Partnership Program--Recent
economic downturns have had a devastating effect on the
manufacturing sector. Therefore, to ameliorate some of the
effect on this sector, the conferees have included $106,623,000
for the Manufacturing Extension Partnership Program to fund all
existing centers.
Advanced Technology Program--The conference agreement
includes $180,000,000 for the program, of which $60,700,000 is
for new awards. This amount, when combined with approximately
$34,000,000 in prior year funds, provides ATP awards at the
fiscal year 2002 level. Within the amounts made available,
$45,000,000 shall be used for administrative costs, internal
laboratory support, and for Small Business Innovation Research
Program requirements.
Construction of Research Facilities
The conference agreement includes $66,100,000 for
construction, renovation, and maintenance of NIST facilities.
Of the amounts provided, $11,090,000 is for urgently needed
construction and renovation projects at the Boulder, Colorado
laboratory, including a new primary electrical service and the
first phase of the central utility plant, these investments
should help minimize the number of brownouts affecting the
campus; $4,000,000 is to offset fit-up costs related to the
Advanced Measurement Laboratory in Gaithersburg, Maryland, to
be completed by December 2003; and $22,194,000 for the backlog
of safety, capacity, maintenance, and major repair projects
account for the two NIST campuses.
The conferees direct NIST to report to the Committees on
Appropriations on the progress of these construction projects
on a quarterly basis.
Up to $282,000 is available to transfer to the working
capital fund, as proposed.
This account supports all NIST activities by providing
the state of the art facilities necessary to carry out the NIST
mission.
National Oceanic and Atmospheric Administration
The conference agreement includes a total of
$3,154,551,000 for necessary expenses for the seven
appropriation items of the National Oceanic and Atmospheric
Administration (NOAA), including transfers totaling
$65,000,000.
Of the amounts provided, $479,201,000 is provided in
support of the separate conservation category created in Title
VIII of the Interior and Related Agencies Appropriations Act,
2001.
Operations, Research, and Facilities
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $2,316,519,000 for the
coastal, fisheries, marine, weather, satellite, and other NOAA
programs funded in this account. The agreement includes a
transfer of $65,000,000 from balances in the account entitled,
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries''. The recommendation assumes
deobligations of $17,000,000, as proposed, and $3,000,000 from
prior year receipts relating to the coastal zone management
program.
The bill continues language to allow NOAA to retain gifts
and contributions made under the Marine Sanctuary Program. The
conferees continue to direct NOAA to fully utilize the
authorities provided for this program.
Language is also included in the bill specifying the
total amount of direct obligations available for each of the
NOAA line offices and other related activities funded through
this account. The conferees continue to take this action to
provide greater clarity and accountability in budgeting and
management for the diverse activities funded in this account.
In addition, the bill also retains language regarding the
practice of assessing NOAA line organizations, programs,
projects, and activities, to support NOAA and line office
overhead and programs over and above the amounts specifically
provided, and regarding the funding and personnel in Executive
Direction and Administration. The conference agreement caps
administrative expenses at $243,000,000. NOAA is directed to
submit a spend plan to the Committees on Appropriations for
these expenses at a level of detail comparable to that of the
House and Senate NOAA tables. The plan shall be delivered not
later than March 15, 2003.
The conferees remind NOAA that administrative charges
levied against certain activities assigned in the bill are
limited to no more than five percent. In addition, language is
also included regarding use of deobligations in excess of
amounts estimated in the budget.
In addition to the direction given in this section of the
report, the conferees direct NOAA to comply with sections
addressing the reprogramming and transfer requirements under
Section 204 of this Act.
The following identifies the activities, sub-activities,
and projects funded in this appropriation.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
NATIONAL OCEAN SERVICE
The conference agreement includes a total of $417,933,000
for activities of the National Ocean Service (NOS) for fiscal
year 2003.
Mapping and Charting--The recommendation includes
$79,433,000 for mapping and charting activities. The conferees
include $20,450,000 to address the hydrographic survey backlog
detailed in the National Survey Plan. The recommendation is
consistent with the conferees decision that at least 50 percent
of the hydrographic surveying should be contracted out to
private companies. The conferees direct NOAA to report to the
Committees on Appropriations within six months after the
enactment of this Act on the progress being made to reduce the
backlog.
Of the amounts provided for mapping and charting
activities, the conferees include $7,500,000 to allow NOAA to
continue its efforts to lease or charter a U.S.-purpose-built
U.S. flag hydrographic survey vessel, which is capable of
performing the full scope of necessary hydrographic services.
The conferees expect the vessel to be equipped with a suite of
state-of-the-art survey equipment capable of providing quality
data from inshore waters to full ocean depth. The conferees
direct NOAA to examine lease and charter options of longer than
one-year, which may reduce the annual cost. The conferees
direct NOAA to award the time charter contract on its current
schedule and report by no later than April 11, 2003, on options
for increasing the length of a lease or charter and whether
savings might result from such an increase. In addition, NOAA
is expected to follow the requirements of Section 303(b)(3) of
the Hydrographic Services Improvement Act and contract for
hydrographers on any leased or chartered vessel in accordance
with title IX of the Federal Property and Administrative
Services Act of 1949. Finally, the conferees adopts NOAA's
proposal to hire a vessel that is capable of work in both the
Gulf of Mexico and the Alaska waters. The conferees understand
that the leased or chartered vessel will begin its work in the
Gulf of Mexico no later then April 2003, but would survey in
Alaska from April 1, 2004, through November 1, 2004. After
that, the conferees expect the total vessel time to be split
between the Gulf of Mexico and Alaska.
Of the amounts provided, $3,200,000 is for bathymetric
surveys off the Northeast Coast of the United States and around
the Aleutian Chain in accordance with the data needs identified
by a Joint Hydrographic Center on the potential expansion of
United States lands beyond the Exclusive Economic Zone. Within
the funding recommendation for Shoreline Mapping, the conferees
recommend that NOS focus on mapping the shoreline of the North
Slope of Alaska.
Geodesy.--The conferees understand the State of Alabama
has begun an effort to develop a comprehensive statewide
Geographic Information System database and clearinghouse that
will reduce duplication of resources among state agencies,
improve quality, and reduce costs. The National Geodetic Survey
has begun talks with representatives of the State of Alabama,
including the Alabama Department of Revenue, on this effort and
the conferees encourage the National Geodetic Survey to
continue to support this effort as appropriate.
Tide and Current Data.--The conferees include $19,750,000
for this activity. The recommendation will enable NOS to
implement and maintain the necessary quality controls for real-
time tide and current data systems. Funding is included to
continue implementation of the Physical Oceanographic Real-Time
System (PORTS) program and continues the National Water Level
Operation Network (NWLON) in the Great Lakes.
Coral Reefs.--Prior to obligation of the funding provided
for this program, the conferees direct NOAA to submit a
spending plan to the Houseand Senate Committees on
Appropriations. A total of $14,000,000 is provided for this program, of
which $2,000,000 is from unobligated prior year balances.
Ocean and Coastal Observing Systems.--The conferees
support the establishment of an integrated interagency ocean
and coastal observing system that will provide critical
information to a wide variety of users of ocean and coastal
information and services. Better information on the current and
future state of the ocean and its role in environmental change
is needed for policy makers. Adequate predictive capability is
a prerequisite to the development of sound policies at the
national and regional level, policies ranging from maritime
commerce to public health, from fisheries to safety of life and
property, from climate change to national security.
Broad scale discussions have been underway for almost
three decades on this topic, but coordinated attention at the
Federal level has begun in earnest only in recent years. The
Office of Science and Technology Policy was directed to develop
an interagency plan for the research, technology demonstration,
and ultimately, the implementation of an integrated ocean
observing system. The conferees direct NOAA to work with its
partners on the National Ocean Research Leadership Council to
submit a plan by June 30, 2003, to the Committees on
Appropriations. This plan will detail an implementation
strategy for the establishment of an integrated ocean and
coastal observing system. This plan shall, at a minimum: (1)
include an interagency governance structure; (2) define the
roles and responsibilities of each agency in implementing and
operating the system; (3) provide multi-year funding estimates
by agency; and (4) include a process for regional coordination
and technical support to ensure development of integrated
regional systems with a national observing initiative.
In addition, as development of an integrated long-term
Federal plan proceeds, the conferees urge NOAA to coordinate
existing or planned regional coastal observing systems,
particularly those for which funding has been provided or those
which use Federal platforms such as buoys. The conferees direct
NOAA to utilize the data management and technical expertise of
the Coastal Services Center to perform this function as well as
provide education and outreach to participating Federal
agencies, academic institutions, State agencies, and other
interests.
Ocean Health Initiative.--One area where coastal
observing systems would be useful is in exploring the
relationship between the oceans and human health. In 1999, a
National Research Council report, From Monsoons to Microbes:
Understanding the Ocean's Role in Human Health, focused
attention on the implications of ocean phenomena for human
health. The phenomena include climate change, weather events,
coastal hazards, infectious diseases, and harmful algal blooms.
As the nation faces increasing coastal pressures and scientists
identify changes in coastal systems, including sentinel species
such as dolphins and fish, NOAA is uniquely positioned to play
a strong role in identification, prediction, and prevention of
such changes. In addition, genetic and other characteristics of
marine organisms can be used for medical advances and NOAA can
help build a bridge between marine scientists and human health
experts.
The conferees direct the Under Secretary to establish an
Ocean Health Initiative to coordinate and focus agency
activities on critical areas of concern and identify critical
gaps in coverage. Of the amounts provided, $8,000,000 is for
critical research and projects aimed at closing identified
gaps. The conferees direct NOAA to: (1) work with the NSF and
the National Institute of Environmental Health Sciences in
developing a joint program that builds on and complements
existing NOAA programs; (2) establish an external peer reviewed
grant process; and (3) provide for the selection and funding of
internationally recognized ``distinguished'' scholars to work
in collaboration with NOAA researchers. NOAA will submit a
spend plan for approval by the Committees on Appropriations
before program funding is obligated.
Coastal Ocean Program.--The conferees direct the program
to work with and continue its current levels of support for the
Baruch Institute's research and monitoring of small, high-
salinity estuaries and to continue its current levels of
support for the LUCES program. Within the funds provided for
the MERHL, the conferees direct NOAA to create a scientific and
professional position to act as senior scientist for NCCOS.
Aquatic Resources Initiative.--Of the amounts available
provided under this heading, up to $750,000 is for Bluegrass
Pride, Inc.
Coastal Zone Management.--A total of $75,144,000 is
provided to assist coastal states in implementing this program.
The Committee continues its' direction to report on the
measures of performance used to justify requesting funding for
this program. Bill language, carried in prior years, has been
modified.
Marine Sanctuary Program.--$34,750,000 is provided for
this program, of which $1,000,000 is from unobligated balances.
Under this heading, the recommendation includes $750,000 for
the activities of the Northwest Straits Citizens Advisory
Commission. This Commission was established to provide an
ecosystem focus on the marine resources in the area, mobilize
science and support marine resource committees, and establish a
forum for coordination and consensus building, in lieu of
Federal designation of the area as a Marine Sanctuary. The
conferees continue to believe that such a consensus-based
approach is an innovative and novel approach to promote marine
conservation, the goal of the Marine Sanctuary Program.
National Centers for Coastal Ocean Science (NCCOS).--The
conferees are aware that the National Centers for Coastal Ocean
Science (NCCOS) for several years have been cutting base funds
without Congressional approval from certain labs that received
specified program increases. The Conferees direct the NCCOS to
stop this practice immediately. Further the Conferees direct
NCCOS to report to the Committees on Appropriations no later
than April 15, 2003 on what purposes the funding from the
reductions was used and on the steps being taken to restore the
cuts to base that have been sustained by those labs.
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National Marine Fisheries Service
The conference agreement includes $580,066,000 in new
funding for the operations of the National Marine Fisheries
Service (NMFS). In addition to this amount, $19,500,000 is
available from prior year unobligated balances for a total
operating level of $599,566,000.
Expand Stock Assessments.--The conferees have provided
$17,000,000 for additional stock assessments. Of the amounts
provided, $1,000,000 for implementation of a West Coast in-
season harvest data collection system.
Migratory Shark Fishery.--The conferees expect NMFS to
continue the funding for collaborative multi-regional
biological research on highly migratory species of sharks to
provide NMFS with the information necessary for effective
management of the highly migratory shark fishery and
conservation of imminently threatened shark fishery resources.
Cooperative Research.--In addition to the amounts shown
for the national cooperative research program, $1,700,000 is
available from unobligated prior year balances.
National Fisheries Information System.--Funding of
$2,600,000 is available from prior year unobligated balances.
Information Analysis and Dissemination.--The conferees
include $21,890,000 for this program, of which $400,000 is from
unobligated prior year balances.
California Sport fishing.--The conferees have been
advised that the Republic of Mexico has closed U.S. sport
fishing access to the Revillagigedo Islands. The sport fishing
industry provides $5.5 million in direct revenue to Southern
California and employs hundreds of people. The United States
and Mexico have maintained a cooperative working relationship
with regard to fishing and environmental issues, and U.S. boats
have had access to the Revillagigego Islands under permits
since 1994. The conferees direct the Secretary of Commerce to
investigate the reason of the withdrawal of these permits, and
to report to the Committee on Appropriations no later than
April 2003.
Northern Right Whale Preservation.--The conferees include
a total of $10,000,000 for North Atlantic right whale research,
management activities, and Atlantic coastal States'
implementation of cooperative Federal-state right whale
recovery plans, such as those concluded under section 6 of the
Endangered Species Act. Funding is included to assist NMFS and
its' partners to expedite right whale recovery in consultation
with the Implementation Team and the Take Reduction Team.
Of the amounts provided, $2,130,000 is for efforts to
reduce ship strikes, the leading cause of death of these
whales, including $200,000 for whale detection technologies,
$560,000 is for passive acoustic technologies, $295,000 is for
active acoustic technologies, and $200,000 is for measuring
whale response to approaching vessels; $2,060,000 is to reduce
entanglement including, $666,000 is for gear modification,
$200,000 is for Southeast disentanglement teams, $400,000 is
for the New England Aquarium efforts, and $800,000 is for the
Center for Coastal Studies. Of the funding provided for the
Center, final funding allocation should be based upon
recommendations of the right whale program coordinator.
Of the amounts provided for NMFS base programs, funding
is expected to support priority management, enforcement, and
ship strike prevention activities, including expedited
development and deployment of innovative fishing gear and whale
tracking technologies, improved stranding response and
procedures, a whale-sighting advisory system, and a mandatory
ship-reporting system. No more than 20 percent of funds
provided to NMFS may be used for salaries of existing
personnel.
Fisheries Research and Management.--The conferees include
$3,450,000 for the recreational fishing information network
program, and expect that the Pacific, Atlantic, and Gulf States
shall each receive one-third of these funds with funding for
inshore recreational species assessment and tagging efforts in
South Carolina.
In addition, the conferees expect that $500,000 will be
used to continue the effort to enhance the annual collection
and analysis of economic data on marine recreational fishing.
As in prior fiscal years, the conferees expect the
Oceanic Institute to administer funding for the Hawaii
Fisheries Development and for the Hawaii Stock Management Plan.
The conferees direct that $750,000 for the Interstate
Fish Commissions be equally divided among the three
commissions. The conferees also recommend that NMFS double its
effort with regard to California Cooperative Fisheries
Investigation cruises. Of the amounts recommended for the
Stellar Sea Lion Recovery Plan, $1,000,000 is for Alaska
Fisheries Foundation to study innovative methods to deter whale
predation of sea lions. In addition, the Committee expects NOAA
to continue its research initiative on Pacific decadal
oscillation, predator-prey relationships with particular
emphasis on killer whale predation on sea lion pups, and to
explore other factors in the marine environment that may be
contributing to the decline of Stellar sea lions and other
marine mammal populations.
Enforcement of International Dolphin Agreement.--Although
the National Marine Fisheries Service recently submitted it's
completed science report required by the International Dolphin
Conservation Program Act, the conference agreement includes
$2,700,000 for research on dolphin encirclement in the eastern
tropical Pacific (ETP). Funding is provided for additional
research on herd sizes on which sets are made, additional
biological sampling, impacts of cow-calf separation, and the
impacts on dolphin populations of vessels with a carrying
capacity of less than 400 short tons that are reportedly
setting on dolphins in the ETP.
The conferees are concerned that Mexico and other non-
U.S. parties to the International Dolphin Conservation Program
[IDCP], of which the United States is a member, are not fully
complying with the requirements of the IDCP, particularly with
respect to accurate reporting of dolphin interactions and
mortality. The conferees direct the Department, and in
consultation with key U.S. stakeholders, to evaluate and
document any lack of compliance by the non-U.S. parties to the
IDCP with its provisions, including through on-site visits and
discussions with government officials, observers and others
with first-hand knowledge of country practices, and to submit a
written report describing the findings to the Committees on
Appropriations no later than May 1, 2003. The report is
expected to include an evaluation of compliance with the on-
board observer program, with a focus on national observers;
reporting of dolphin interactions and mortality; international
requirements for vessels; and actions by parties to follow-up
on infractions identified by the international review panel.
Endangered Species--Columbia River.--The conferees
include $1,590,000 to purchase two mass marking trailers for
the state of Idaho.
Protected Resources Research and Management.--Of the
amounts provided for Native Marine Mammals, $100,000 is to
enable the Alaska Eskimo Whaling Commission to participate in
International Whaling Commission meetings.
Chesapeake Bay.--Of the amounts provided under this
heading, $500,000 is for sea grass restoration. In addition,
the conferees recommend that NOAA continue a micro-grant
program allowing local governments and non-profit organizations
to perform fisheries and shellfish restoration on the
Chesapeake Bay. In addition, $1,500,000 is for seven full-time
equivalents for the Oxford Laboratory to support the NOAA
Chesapeake Bay Office's fisheries, habitat restoration, and
ecosystem research needs.
The conferees provide $2,500,000 for a bay watersheds
education and training program to be administered by the
Chesapeake Bay Office. This initiative provides funding to
establish an office in Virginia to better focus NOAA resources
on Virginia issues in the Chesapeake Bay region. While
cooperation between Virginia and NOAA programs is good, and
significant NOAA funds are dispersed to Virginia programs, the
physical distance between Norfolk and Annapolis limits the
desired level of collaboration, not only with the NOAA
Chesapeake Bay Office but also the Chesapeake Bay Program along
with other signatories of the Chesapeake Bay agreement. This
initiative guides NOAA to integrate existing staff resources
across line offices and to appoint required staff to establish
the program, working in concert with pertinent existing local,
state, and federal offices or projects, academic institutions,
NGOs, and the public. The program should integrate existing
NOAA fisheries, habitat restoration, education, hazardous spill
response, coastal zone, coastal oceanography, and other
significant components. Of the amounts provided, $350,000 is
available for two full-time equivalents and administrative
costs, including office space.
Enforcement and Surveillance.--The conferees continue at
the fiscal year 2002 level funding for marine forensics and
southeast fisheries' law enforcement, and the conferees expect
cooperative laboratory activities to continue between NMFS and
State and local governments and the academic community. The
conferees recommend that three interstate marine fisheries
commissions may be eligible to receive a portion of the
Cooperative Enforcement Program funds for use in providing law
enforcement coordination among the States and NMFS.
The conferees provide $23,734,000 for the operations of
the enforcement and surveillance program, of which $14,800,000
is available from unobligated prior year balances. This is an
increase of $3,314,000 above the fiscal year 2002 level.
NMFS Facilities Maintenance.--Of the amounts provided,
$325,000 is for additional costs related to the Santa Cruz
laboratory.
Pacific Salmon Funding.--The conferees note the lack of
accountability and performance standards for resources
distributed to restore endangered and threatened salmon through
the Pacific Coastal Salmon Recovery Fund. The conferees have
provided hundreds of millions of dollars through this fund to
be distributed among certain States and tribes for habitat
restoration to assist in salmon population recovery. The
conferees understand that there are other habitat restoration
grant programs that fund grant proposals for the same purpose.
Given the austere operating climate the conferees are working
within, the conferees expect NOAA to prioritize funding from
other habitat restoration funds on non-salmon related
proposals.
The conferees understand the Secretary of Commerce has
substantial legal obligations under the Endangered Species Act
because no less than twenty-six runs of Pacific salmon are
listed as endangered. Failure to make progress toward recovery
under the Endangered Species Act poses adverse legal
consequences for the agency. The conferees have received no
assurances from the Administration that these funds have
actually contributed to the recovery of Pacific salmon
populations. This is particularly important at a time when the
Department is struggling to respond to a tremendous litigation
caseload.
The conferees understand that some mechanism is necessary
to assure legal and fiscal accountability for distribution of
funds to States with listed salmon species. In addition, the
conferees direct NOAA to provide an annual report to the
Committee no later than April 11, of each year on the projects
funded through the Pacific Salmon Recovery Fund and their
projected and actual results, particularly focusing on progress
toward recovery of endangered and threatened salmon species and
projected ending date for funding needs based on recovery
schedules. The conferees allow up to one percent of the amounts
made available for the grants to the states under the Pacific
Coastal Salmon Recovery Fund be made available to NOAA to
accomplish this task.
Saltonstall-Kennedy.--The conference agreement includes
$11,325,000 for the Saltonstall-Kennedy grant program,
including prior-year unobligated funds. The conferees
understand that NOAA has refocused the S-K program to address
the needs of fishing communities as defined by the Magnuson-
Stevens Act. The conferees understand that there is duplication
between this program and the priorities identified in the
accompanying NMFS table. Given the austere budget constraints
that conferees are operating within, the conferees expect NMFS
to award grants based on priorities and geographic areas that
are not specifically identified elsewhere in this agreement.
Therefore, the conferees expect NOAA to prioritize grant
proposals relating to fishing communities in non-specified
areas including, the Northern Mariana Islands, the Republic of
the Marshall Islands, Republic of Palau, the Federated States
of Micronesia, and other similar areas. Grants should focus on
preventing over fishing, rebuilding of fisheries, and ensuring
conservation, while realizing the full potential of fishery
resources.
In addition, the conferees direct NOAA to assign high
priority to proposals for research and education efforts
directed at the protection of high-risk consumers from
naturally occurring bacteria associated with raw molluscan
shellfish, specifically Vibrio vulnificus. The conferees
strongly urge NOAA to provide no less than $250,000 to the Gulf
and Atlantic Foundation for their education efforts regarding
Vibrio vulnificus.
Louisiana Oyster Assistance.--The conferees include
$2,000,000 for economic assistance to the oyster fishery
affected by Hurricane Isidore, and Hurricane Lili. The
conferees direct that funding may be used only for activities
to rehabilitate oyster resources or oyster reefs damaged by the
storms and for domestic product marketing and seafood
promotion.
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Oceanic and Atmospheric Research
The conference agreement includes $374,740,000 for the
Oceanic and Atmospheric Research line office. This amount
combined with $4,920,000 from prior year unobliged balances
provides a total program level of $379,660,000. The conference
agreement includes the following amounts for basic laboratory
research and support under Oceanic and Atmospheric Research:
Climate Change Research.--The conference agreement
includes a total of $166,315,000 for climate change research,
including $18,000,000 for the Climate Change Research
Initiative (CCRI), as proposed. This initiative provides
increases over the fiscal year 2002 level as follows:
$1,000,000 for the ocean observations/ocean systems; $3,000,000
for ARGO-related costs; $1,000,000 for regional assessments,
education, and outreach; $2,000,000 for research on the carbon
cycle; $5,000,000 for the climate modeling center; $4,000,000
for the global climate atmospheric observing system; and
$2,000,000 to study the aerosols/climate interaction.
Of the amounts provided, $67,608,000 is available for
competitively awarded grants, including grants to joint
institutes, as determined by the Secretary of Commerce. In
addition, $1,000,000 is provided to continue a certain program
in Arizona for regional climate change research.
Of the funding provided for climate and global change
activities, $12,000,000 shall only be available after the
Committees on Appropriation are provided with a plan for
completion of the national assessment required in section 106
of the Global Change Research Act of 1990. The plan should
include a completion date for the national assessment of no
later than September 30, 2004.
National Sea Grant Program.--The conference agreement
includes $62,410,000 for the Sea Grant program, of which
$2,000,000 is from prior year unobligated balances. The
conference agreement does not include a proposal to transfer
the program to the National Science Foundation. Instead, the
recommendation appropriates the same level of funding as in
fiscal year 2002 for the Sea Grant program, in accordance with
the National Sea Grant Act, Public Law 89-688, as amended.
Within the amounts provided, $3,000,000 is included for zebra
mussel research in accordance with the Non-indigenous Aquatic
Nuisance Prevention and Control Act; $3,000,000 is for oyster
disease research, including $1,000,000 to continue the Gulf of
Mexico initiative on oyster-related human health risks.
National Undersea Research Program (NURP).--A total of
$13,770,000 is included for the National Undersea Research
Program, of which $220,000 is from prior year unobligated
balances. The conferees direct that funding is to be equally
split between the east coast NURP centers and the west coast
NURP centers, including the Hawaiian and Pacific Center and the
West Coast and Polar Regions Center. The conferees expect level
funding will be available for Aquarius, ALVIN, and program
administration.
NISA Alaska.--The conferees include $1,500,000 to address
the proliferation of exotic species such as Atlantic salmon in
the marine environment in the North Pacific. Of this amount,
$750,000 is for the Pacific States Marine Fisheries Commission
to prevent the escapement of Atlantic salmon into Alaska
streams and to address other invasive species issues including
mitten crab and green crab.
NISA/Ballast Water Demonstrations.--The conference
agreement includes $2,250,000 for this program, of which
$1,900,000 is from unobligated balances. The conferees expect
special attention should be given to the concerns of the
Chesapeake Bay and the Great Lakes.
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NATIONAL WEATHER SERVICE
The conference agreement includes total of $698,767,000
for the operations of the National Weather Service (NWS) for
fiscal year 2003.
Local Warnings and Forecasts--The conferees provide
$555,178,000 for local warnings and forecasts. Within the
amounts provided, $2,500,000 is to begin a new seven-year
initiative to improve the accuracy and timeliness of aviation
warnings and forecasts.
Of the amounts provided, the conferees direct the NWS to
continue the Susquehanna River Basin gauges project and expand
this program to include the Delaware River Basin.
The conferees have provided sufficient funding to
continue operations of the Huntsville, Alabama center.
Air Quality Initiative--The conference agreement includes
$3,000,000 to complete the analysis of the air quality pilot
program, finalize a concept of operations, and begin
procurement of the information technology infrastructure
necessary to support operational air quality forecasts by the
end of fiscal year 2004. In addition, $3,000,000 is provided to
complete the operational implementation of a temperature
forecasting pilot in New England. Funding should provide for
the modernization 200 meteorological observing stations and for
the operational use of high-resolution forecasts models at 8
sites in fiscal year 2003.
Flash floods.--The conferees direct NOAA to commission
the National Academy of Sciences to conduct a study to assess
the availability, performance, and capability of the NWS NEXRAD
located on Sulphur Mountain in Ventura County, California to
detect heavy precipitation and aid forecasters at the Los
Angeles Weather Forecast Office in providing flash flood
warnings and forecasts, and on the basis of that study, to
provide the Under Secretary of Commerce for Oceans and
Atmosphere with a report on the performance of that mission by
the NWS. The report also should include any recommendations for
improving the accuracy and timeliness of flash flood warnings
in and around western Los Angeles and Ventura Counties,
California.
Systems Operations & Maintenance--The conference
agreement includes $87,146,000 for systems operations and
maintenance.
In addition, the conferees continue direction from prior
years regarding Erie, Pennsylvania and Williston, North Dakota.
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NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
The conference agreement includes $150,616,000 for the
operational and research and development programs of the
National Environmental Satellite, Data, and Information Service
(NESDIS).
Environmental Satellite Observing Systems--The Committee
recommendation has provided a total of $86,168,000 for this
account, including $23,771,000 for product processing and
distribution. Within the recommendation, $1,500,000 is included
for the Joint Center, and $4,000,000 is for a global wind
demonstration.
Data Centers and Information Services--The conference
agreement includes $64,448,000 for NOAA's Data Centers and
Information Services, including $15,850,000 for the climate
database modernization efforts in Kentucky and West Virginia.
The conferees restore funding for the regional climate centers,
which was proposed for elimination. The conferees recognize the
value of NOAA climate data centers as the U.S. repository for
historical environmental data.
The conferees direct NESDIS to continue fiscal year 2002
current staffing levels at the Gilmore Creek Tracking Station
in fiscal year 2003. NESDIS will provide a report to the
Committees on Appropriations by March 1, 2003 on how it plans
to implement the new National Polar Orbiting Environmental
Satellite System and its plans for the Gilmore Creek Tracking
Station including staffing projections.
Within the amounts provided, $300,000 is to conduct a
study to assess the feasibility, costs, and timing issues of
the Fairmont, West Virginia location as a third site for
physical storage of data from the CLASS program.
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PROGRAM SUPPORT
The conference agreement includes $173,397,000 for the
Program Support line office. The conference agreement continues
a limitation of the administrative costs of the agency to
$243,000,000. This limitation is in response to NOAA's practice
of assessing certain programs and activities for the costs of
managing those programs, including grant programs.
The recommendation includes $91,349,000 for maritime and
aviation fleet maintenance and operations. The recommendation
provides sufficient funding for routine maintenance of the
existing NOAA fleet.
Program Review.--The conferees laud the results of the
Program Review Task Force (PRT) review. In fact, a number of
the task forces' recommendations address longstanding concerns
regarding the management of NOAA. For example, the grant
process has been of particular interest to the conferees. Many
of the conferees have heard complaints from grant recipients
regarding unnecessary delays. For fiscal year 2002 alone, these
delays contributed to $462,566,000 in prior year funding
remaining unspent. In a number of areas, the conferees have
taken into account these unobligated balances when determining
the fiscal year 2003 levels for certain programs. The conferees
support the efforts of NOAA management to alleviate many of
these problems.
Office Relocations.--The conferees direct the Department
to submit quarterly reports providing details of all office
moves, openings, reductions and closings, which will be
considered as a reprogramming under section 605 of the Act. The
conferees expect to be notified of office relocations before
final agreements are made.
Pribilof Island Cleanup.--The recommendation includes
$8,000,000 for Pribilof Island cleanup. In 2000, Congress
passed the Pribilof Islands Transition Act which created the
framework under which NOAA was to complete the environmental
cleanup of the property that it currently or formerly owned on
the islands, and complete the transfer of that property to the
designated local entities. Concern has been raised regarding
the lack of a comprehensive cleanup plan, and firm cost
estimates. The conferees direct NOAA to provide timetable and
cost estimates to complete a cleanup and land transfer no later
than April 11, 2003.
Minority Serving Institutions.--The conferees direct that
this program be extended to Native Hawaiian Serving
Institutions and Alaskan Native Serving Institutions as defined
in the Higher Education Act.
Facilities.--The conference agreement includes $1,000,000
for necessary improvements to the National Aquarium. The
conferees expect the Department of Commerce to prepare a 20-
year plan to upgrade the facility. The conferees expect a plan
to be provided to the Committees on Appropriations no later
than July 1, 2003.
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Procurement, Acquisition and Construction
(INCLUDING TRANSFERS OF FUNDS)
The recommendation includes a programmatic level of
$832,230,000 for fiscal year 2003, of which $762,230,000 is
from new appropriations and $70,000,000 is from prior year
unobligated balances. The recommendation assumes $3,200,000
from prior year deobligations. This account funds capital
assets acquisition activities, including system and land
acquisition, marine sanctuary and estuarine reserve
construction, aircraft and vessel systems, and equipment.
The conferees have amended section 204 regarding
reprogramming requirements to include all increases and
decreases affecting capital assets. The following distribution
reflects the activities funded within this account:
Coastal and Estuarine Land Conservation Program (CELP)--
The conferees include $37,667,000 for the land acquisition
program. The conferees understand that regulations for this
program have not yet been finalized. For the priorities
identified by the conferees, the interim regulations will apply
as in fiscal year 2002, including funding and match
requirements. This program is intended to protect those coastal
and estuarine areas with significant conservation, recreation,
ecological, historical, or aesthetic value.
Marine Sanctuaries Construction.--Of the amounts
provided, $5,000,000 is for the final Federal costs of the
efforts relating to the National Monitor sanctuary center.
National Marine Fisheries Service.--The conferees
continue the aquatic resource program at the level of
$7,000,000.
Construction.--The conferees remain concerned that there
is no long-term facility plan, including maintenance schedule
for NOAA. A five-year plan for such purposes was requested
during the fiscal year 2003 budget hearing before the House. To
date, no plan has been provided. Further, there have been two
separate incidents where NOAA has changed the scope of a funded
project, including the location, without prior notification to
the Committees on Appropriations. The conferees expect a final
plan no later than June 30, 2003.
Geostationary Systems.--Under this heading, the conferees
include $221,391,000, as requested, of which $50,000,000 is to
be derived from unobligated prior year balances. The conferees
understand that the launch readiness date for N, O, and P, has
slipped by one year. In addition, the conferees understand that
the earliest available launch date for the GOES-R series has
been revised from 2010 to 2012. The most recent data available
to the conferees reflect a total $55,400,000 available from
unobligated prior year balances to be used in fiscal year 2003
therefore, $5,400,000 continues to be available for any
unforeseen purposes.
Polar Orbiting Systems.--Under this heading, the
conferees include $347,538,000, as requested, of which
$25,000,000 is to be derived from unobligated prior year
balances. The conferees understand that NOAA expects a ten-
month delay in launching NOAA-M as a result of the
unavailability of a launch pad site.
The National Polar Orbiting Operational Environmental
Satellite System (NPOESS) is a joint program equally funded by
the Department of Commerce and the Department of Defense based
upon a 1994 decision to integrate civil and military polar-
orbiting meteorological satellites systems into a single
national system. This decision created a 50/50 cost-sharing
partnership between the two departments. Due to the concern
raised by NPOESS program managers, the conference agreement
continues language formalizing this cost-sharing partnership as
in the fiscal year 2002. The conferees are aware that NOAA did
not obligate $10,200,000 of the amounts provided in fiscal year
2002 for NPOESS as a result of Department of Defense obligation
decisions in fiscal year 2002.
Fleet Replacement.--The conference agreement includes
$50,874,000 for the second fisheries vessel. This vessel would
replace the 40-year-old ALBATROS IV, as proposed. In addition,
$9,000,000 is provided to continue construction of small
waterplane area twin hull vessel to be homeported in New
Castle, New Hampshire.
Hurricane Surveillance Aircraft.--The conference
agreement includes $8,400,000 for necessary instrumentation
upgrades to the Gulfstream IV to improve storm-tracking
forecasts, as proposed.
PACIFIC COASTAL SALMON RECOVERY
The conference agreement includes $130,000,000 under this
heading. A total of $40,000,000 is provided to fulfill the
obligation of the United States under the 1999 Pacific Salmon
Treaty between the United States and Canada. Specifically,
$25,000,000 is included to complete the capitalization of the
Northern Boundary Fund, and $15,000,000 is included to complete
the capitalization of the Southern Boundary Fund. In addition,
$90,000,000 is provided for grants to California, Oregon,
Washington, Alaska, and coastal and river tribes for habitat
restoration.
Of the amounts provided for the states, $28,000,000 is
for the State of Washington, $22,000,000 is for the State of
Alaska, $14,000,000 is for the State of Oregon, $14,000,000 is
for the State of California, $9,000,000 is for the Pacific
Coastal tribes, and $3,000,000 is for the Columbia River
tribes.
Of the funds provided for the State of Alaska, $5,000,000
is for the Arctic Yukon-Kushokwim Sustainable Salmon
initiative, $1,000,000 is for construction of salmon mitigation
passes, $1,000,000 is for the Cook Inlet Fishing Community
Assistance Program, $500,000 is for the Yukon River Drainage
Association, $500,000 is for Fort Richardson fisheries,
$500,000 is for Elmendorf AFB hatcheries, $500,000 is for Fort
Wainwright fisheries, $450,000 is for universal quality
standards, $450,000 is for competitive analysis of global
salmon, $250,000 is to restore the king salmon runs in Coffman
Cove, $250,000 is to enable the State of Alaska to participate
in discussions regarding Columbia River hydro system
management, $2,000,000 is to restore salmon runs at Chester
Creek, Ship Creek, and Campbell Creek in Anchorage, $1,000,000
is to restore salmon runs in Seward, Alaska, and $100,000 is
for the United Fishermen of Alaska's subsistence program.
Of the funds provided for the State of Washington,
$4,000,000 is for the Washington State Department of Natural
Resources and other State and Federal agencies for purposes of
implementing the State of Washington's Forest and Fish Report.
The funding shall be spent in accordance with the terms and
conditions of the Forest and Fish Report and consistent with
the requirements of the Endangered Species and Clean Water
Acts. Further, $1,590,000 is for the purchase of two new mass
marking trailers.
Of the funds provided to the State of Oregon, $1,100,000
is for conservation mass marking at the Columbia River
Hatcheries; and $2,185,000 is for the purchase of two new and
one used mass marking trailers.
Bill language is included designating the entire amount
under the conservation category.
Fishermen's Contingency Fund
The conference agreement includes a total program level
of $2,376,000, of which $2,375,000 is from unobligated prior
year funds.
The Fishermen's Contingency Fund provides compensation to
U.S. fishermen for damage or loss of fishing gear and any
resulting loss because of natural or man-made obstructions
related to oil and gas exploration, development, and production
on the Outer Continental Shelf.
FOREIGN FISHING OBSERVER FUND
The conference agreement includes $1,833,000 under this
heading, of which $1,832,000 is from unobligated prior year
funds.
Fees paid into the Fund are collected from owners and
operators of certain foreign fishing vessels that fish within
the United States Fishery Conservation Zone and are intended to
be used by the Secretary of Commerce to finance the cost of
placing United States observers aboard such fishing vessels.
FISHERIES FINANCE PROGRAM ACCOUNT
The conferees note that an appropriation is not necessary
for the fisheries finance program account. Of the loan
authority provided through bill language, $5,000,000 is for
entry level and small vessel individual fishery quota [IFQ]
obligation guarantees in the halibut and sablefish fisheries
off Alaska pursuant to section 1104A(a)(7) of the Merchant
Marine Act of 1936. These funds are provided for IFQ loans in
accordance with section 303(d)(4) of the Magnuson-Stevens Act
and section 108(g) of the Sustainable Fisheries Act.
In addition, $59,000,000 is for Traditional direct loan
authority, of which $40,000,000 may be used for the direct
loans to the United States distant water tuna fleet.
Departmental Management
SALARIES AND EXPENSES
The conference agreement includes $44,954,000 for costs
of managing the Department of Commerce. The recommendation
includes $4,776,000 for the recurring costs for guard
contracts, security equipment upgrades and an emergency
communication system for the Herbert Clark Hoover Building
originally funded with fiscal year 2002 emergency supplemental
appropriations; $1,590,000 is for IT security increases; and
$1,200,000 is for continuity of operation efforts.
Telework Programs.--The conference agreement includes
language, under section 208 to allow the Department of Commerce
to carryover unused funds into the next fiscal year, saved as a
consequence of the Department's implementation of telecommuting
programs. Telecommuting programs offer the opportunity for
cost-savings as well as increased productivity and employee
morale. By allowing the Department to keep the savings from
telecommuting, there should be a strong incentive for the
Department to increase its number of telecommuters, as required
by section 359 of Public Law 106-346. Telecommuting also can
help improve traffic congestion, provide energy savings and
improve air quality.
This appropriation provides for the Office of the
Secretary and for staff offices of the Department, which assist
in the formulation of policy, management, and administration.
Office Relocations.--The conference agreement continues
to direct the Department to submit quarterly reports providing
details of all office moves, opening, reductions and closing,
which will be considered as a reprogramming under section 605
of the Act.
Office of Inspector General
The conference agreement includes $20,635,000 for the
Commerce Department's Office of Inspector General for fiscal
year 2003.
General Provisions--Department of Commerce
The conference agreement includes the following General
Provisions for the Department of Commerce:
Section 201.--The conference agreement includes section
201, included in both the House and Senate, regarding
certification of advanced payments.
Section 202.--The conference agreement includes section
202, included in both the House and Senate, allowing funds for
hire of passenger motor vehicles, and for services, uniforms
and allowances as authorized by law.
Section 203.--The conference agreement includes section
203, included in both the House and Senate, making permanent a
provision prohibiting of funds to be used to support hurricane
reconnaissance aircraft and activities that are under the
control of the United States Air Force or the United States Air
Force Reserve. The House section did not propose to make this
section permanent.
Section 204.--The conference agreement includes section
204, included in both the House and Senate, regarding transfer
authority among Commerce Department appropriation accounts. The
language also makes the transfers subject to the Committee's
standard reprogramming procedures, including the acquisition
and disposal of capital assets. The Senate did not contain a
provision on the matter of capital assets.
Section 205.--The conference agreement includes section
205, included in the House, requiring that any costs incurred
by the Department in response to funding reductions shall be
absorbed within the total budgetary resources available to the
Department and shall not be subject to the reprogramming
limitations in this Act. The Senate did not contain a similar
provision.
Section 206.--The conference agreement includes section
206, included in both the House and Senate, making permanent a
provision to allow the Secretary to award contracts for certain
mapping and charting activities in accordance with the Federal
Property and Administrative Services Act. The House did not
make the provision permanent.
Section 207.--The conference agreement includes section
207, included in both the House and Senate, allowing the
Department of Commerce franchise fund to retain a percentage of
earnings from services provided for capital investments.
Section 208.--The conference agreement includes section
208, modified from a provision in the Senate, to provide
$28,260,000 within the ``National Institute of Standards and
Technology, Construction of Research Facilities'' account, for
five projects. The House did not contain a similar provision.
Section 209.--The conference agreement includes section
209, included in the Senate, to provide $10,000,000 for an
Alaskan Seafood marketing program. The House did not contain a
similar provision.
Section 210.--The conference agreement includes section
210, included in the Senate, to authorize and appropriate
$50,000,000 for travel and tourism grant program. The House did
not include a similar provision.
Section 211.--The conference agreement includes section
211, included in the Senate, to exempt two foreign-built cruise
ships to engage in service between and among the islands of
Hawaii. The section is modified to prohibit vessels access.
Section 212.--The conference agreement includes section
212, included in the Senate, designating requirements for a
certain fishing capacity reduction program for the West Coast
groundfish fishery. The House did not contain a similar
provision.
Section 213.--The conference agreement includes section
213, a new provision, allowing the National Weather Service to
engage in a certain lease arrangement to be funded from base
resources.
Section 214.--The conference agreement includes section
214, a new provision, designating certain programs under the
conservation category.
TITLE III--THE JUDICIARY
The conferees do not agree with the practice of the
Judiciary of displaying significant program increases as
adjustments to base. The conferees direct the Judiciary to
discontinue this practice.
The conferees expect the Judiciary to submit a financial
plan, allocating all sources of available funds including
appropriations, fee collections, and carryover balances. The
Judiciary should consider this financial plan to be the
baseline for reprogramming and expects the plan to be submitted
within 30 days after enactment of this Act.
Supreme Court of the United States
SALARIES AND EXPENSES
The conference agreement includes $45,743,000 for the
salaries and expenses of the Supreme Court, as provided by the
House, instead of $44,399,000 as provided by the Senate. The
conference agreement provides increases for information
technology and security related initiatives.
The conferees are aware of continued concerns about the
number of minority law clerks at the Supreme Court. The
Conferees are appreciative of the Court's responsiveness in
providing information regarding its hiring practices and
encourages the Court and the Judicial Conference of the United
States to continue to make progress in this matter.
CARE OF THE BUILDING AND GROUNDS
The conference agreement includes $41,626,000 for the
Supreme Court ``Care of the Building and Grounds'' account, as
provided by the House, instead of $53,304,000 as provided by
the Senate. The conference agreement is $12,000,000 below the
request for the Supreme Court building renovation project. The
conferees understand that these additional obligations will
occur in subsequent fiscal years and therefore may be budgeted
in those fiscal years.
The conferees recognize there are security concerns
related to the building modernization project and the Architect
of the Capitol is directed to ensure that the Court's security
concerns are addressed throughout the procurement and
construction of the project. The conferees direct the Architect
of the Capitol to submit the Committees on Appropriations, no
later than 60 days after enactment of this Act, a financial
plan and schedule for this project.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The conference agreement includes $20,313,000 for the
United States Court of Appeals for the Federal Circuit, instead
of $20,490,000 as provided by the House and $20,136,000 as
provided by the Senate.
The conferees recognize that the Court has additional
information technology and facility renovation requirements.
However, the conferees also understand that between March 1992
and March 2001, filings have decreased by 13 percent. The
conferees recommend the Court examine its base operating budget
to identify funding that could be used to meet the Court's
remaining information technology and facilities requirements.
No funding is provided to establish a deputy circuit executive
position.
United States Court of International Trade
SALARIES AND EXPENSES
The conference agreement includes $13,687,000 for the
U.S. Court of International Trade, as provided by the House,
instead of $13,529,000 as provided by the Senate. The conferees
are pleased with the Court's utilization of the Judiciary
Information Technology Fund to upgrade and enhance the Court's
use of information technology without requiring additional
appropriations.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The conference agreement provides $3,800,000,000 for the
salaries and expenses of the Courts of Appeals, District Courts
and Other Judicial Services. Within the funding provided, the
Conferees direct not less than $10,000,000 for facilities
enhancements to meet requirements associated with high threat
trials and to upgrade the Judiciary's mail handling operations.
VACCINE INJURY COMPENSATION TRUST FUND
The conference agreement provides $2,784,000 from the
Vaccine Injury Compensation Trust Fund as provided by both the
House and the Senate.
DEFENDER SERVICES
The conference agreement includes $538,461,000 for the
Federal Judiciary's Defender Services account, instead of
$545,129,000 as provided by the House and $531,792,000 as
provided by the Senate.
The conference agreement includes an increase of
$30,066,000 to annualize the panel attorney rate increase
provided in fiscal year 2002. This increase brought panel
attorney hourly rates up to $90 for in-court and out-of-court
hours. This was the first significant increase in private panel
attorney hourly rates since 1986 and represents a 20 percent
increase in the in-court rate and a 64 percent increase in the
out-of-court rate.
In fiscal year 2003, the Judicial Conference requested an
increase in the panel attorney rate to $113 per hour, which if
approved would amount to a 25 percent increase over the rate
approved in fiscal year 2002. Because it was recently
implemented, the Judicial Conference is unable to document the
impact of the significant increase provided in fiscal year 2002
to determine if that rate is sufficient to solve the problem of
obtaining adequate counsel for CJA representations. In
addition, from 1987 to 2001, the Congress and the Judicial
Conference provided a higher hourly rate in 16 districts than
the standard rate provided in the other 78 lower-cost
districts. The conferees understand that there continues to be
disparities throughout the country in the costs to provide
legal representation, and yet the Judicial Conference's
requested $113 hourly rate would reimburse panel attorneys at
the same rate nationally.
Because of these uncertainties between localities, the
size of the increase approved in fiscal year 2002, and the
level of funding required to annualize this increase in fiscal
year 2003, the conference agreement does not include the
requested additional increase in the hourly rate this fiscal
year. The conferees expect the Judicial Conference, before
requesting any future rate increases, to consider the concerns
described above. The conferees also expect any future rate
increases requested above inflation to be justified as a
program increase.
FEES OF JURORS AND COMMISSIONERS
The conference agreement includes $54,636,000 for Fees of
Jurors and Commissioners, as provided by the House and Senate.
COURT SECURITY
The conference agreement includes $268,400,000 for the
Federal Judiciary's Court Security Account, instead of
$286,200,000 as provided by the House and $276,342,000 as
provided by the Senate. In addition, the conference agreement
includes $15,800,000 in the U.S. Marshals Service, Salaries and
Expenses account for supervisory deputy marshals previously
funded in this account.
In order to address the courts' security requirements,
funding for this program has increased by approximately 50
percent since fiscal year 2001. However, the conferees are
concerned that as the program has grown, sufficient attention
has not been provided to program and budget administration,
especially oversight of court security officer funding,
positions and full-time equivalents. The conferees expect that
the funding provided in the conference agreement will
significantly improve this deficiency.
The conferees understand that this is a unique account
appropriated to the Judiciary but primarily managed by the
Department of Justice. The Committee expects the Director of
the U.S. Marshals Service to provide the same level of
budgetary and program oversight to this program as programs
appropriated directly to the U.S. Marshals Service.
Within the level of funding provided, the conferees
direct U.S. Marshals Service to conduct a study with an
independent consultant on the management of this program and
the unique relationship between the Federal Judiciary, the U.S.
Marshals Service, and the Federal Protective Service in
administering this program and providing facilities security
for the Judiciary.
The conferees expect future budget justifications to
clearly display the level and types of court security equipment
and systems requested compared to the current year.
Within the level of funding provided, $1,000,000 shall be
transferred to the U.S. Marshals Service for a courthouse
security survey to be conducted by the Judicial Security
Divison/Judicial Security Systems personnel.
Following the September 11th and anthrax attacks, the
Judiciary was directed in the Conference Report accompanying
Public Law 107-117, to consider establishing a court operations
support center located outside of Washington, D.C. The
Judiciary's study, conducted by an independent expert and
endorsed by the Judicial Conference, recommends establishing a
small leased facility at least 20 miles outside of Washington,
D.C. This facility would help ensure continuity of operations
in the event that administrative and automation support
functions are shut down as a result of the closure of the
Thurgood Marshal Federal Judiciary Building (TMFJB). The
Judiciary's study recommends transferring portions of the
courts' payroll processing, financial disbursing, and
information technology support to this new facility. The study
also recommends that this facility be within a reasonable
travel range of the TMFJB so that it can be utilized by
essential Administrative Office and court staff in the event
that certain facilities located in Washington D.C. are shut
down. The conferees direct the Judiciary to establish a
judiciary automation and communications operations facility
consistent with its study at an economically feasible location.
The conferees expect costs of this facility to be absorbed
within existing available resources as proposed by the
Judiciary. The conferees encourage the Judiciary to find
alternative uses for the facility during non-emergency periods.
However, the primary design goal of the facility should be
continuity of operations. As recommended in the study, the
conferees direct the Judiciary to provide telework
opportunities at this facility.
As discussed in the beginning of Title III, a financial
plan is required to be submitted for this program.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The conference agreement includes $63,500,000 for the
Administrative Office of the United States Courts.
Federal Judicial Center
SALARIES AND EXPENSES
The conference agreement includes $20,856,000 for
salaries and expenses of the Federal Judicial Center as
provided by the House, instead of $20,156,000 as provided by
the Senate.
Judicial Retirement Funds
PAYMENT TO JUDIDICARY TRUST FUNDS
The conference agreement includes $35,300,000 for payment
to various judicial retirement funds, as provided by both the
House and Senate.
United States Sentencing Commission
SALARIES AND EXPENSES
The conference agreement includes $12,090,000 for the
U.S. Sentencing Commission, instead of $12,344,000 as provided
by the House and $11,835,000 as provided by the Senate. As part
of the financial plan discussed at the beginning of this title,
the Commission is directed to provide plan for the utilization
of carryover balances.
General Provisions--The Judiciary
Section 301.--The conference agreement includes a
provision included by both the House and Senate allowing
appropriations to be used for services as authorized by 5
U.S.C. 3109.
Section 302.--The conference agreement includes a
provision included in the House related to the transfer of
funds. The Senate included a similar provision.
Section 303.--The conference agreement includes a
provision included in by the House allowing up to $11,000 of
salaries and expenses provided in this title to be used for
official representation expenses of the Judicial Conference of
the United States. The Senate included a similar provision.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
In total, the conference agreement includes
$7,900,660,000 for the Department of State and the Broadcasting
Board of Governors. Of the total amount provided,
$7,762,460,000 is derived from general purpose discretionary
funds and $138,200,000 is scored as mandatory spending. This
funding level includes significant program increases to improve
diplomatic readiness and security. The conference agreement
includes the full amount requested, $1,308,000,000, to continue
worldwide security activities, including the design and
construction of replacement facilities for the most vulnerable
overseas posts.
DEPARTMENT OF STATE
The conference agreement for the Department of State is
intended to continue the Department's efforts to achieve
diplomatic readiness, strengthen diplomatic and border
security, and to institute sweeping management reforms. In
fiscal year 2002, the Congress enacted an appropriations
increase of 16.8 percent to the Department's operating budget,
including funding to support the hiring and training of an
additional 910 employees.
The conference agreement includes a total of
$7,394,026,000 for fiscal year 2003 for the Department of
State. Of the total amount provided, $7,255,826,000 is derived
from general purpose discretionary funds and $138,200,000 is
scored as mandatory spending. The overall funding level for
fiscal year 2003 represents an additional 8.6 percent increase
to the operating budget, which will support up to 585
additional new positions. The conferees expect that this
funding level will allow the Department to meet critical
embassy security and staffing requirements, modernize its
technology and equipment, and continue vigorous management
reform initiatives to right-size America's overseas presence.
The conference agreement includes a total of
$5,587,293,000 for the discretionary appropriation accounts
under Administration of Foreign Affairs; $1,539,710,000 for
International Organizations and Conferences; $57,504,000 for
International Commissions; and $71,319,000 for Other
activities. The conferees' priorities for the Department of
State are delineated in the following paragraphs.
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The conference agreement includes $3,822,258,000 for the
Diplomatic and Consular Programs account, including
$553,000,000 to continue funding for worldwide security
upgrades and $292,693,000 for public diplomacy programs. The
conference agreement represents an increase of $192,246,000
above the fiscal year 2002 appropriation. Within this total,
the funding level for worldwide security upgrades is
$65,265,000 above the fiscal year 2002 level and the same
amount as requested.
This appropriation provides for the formulation and
execution of United States foreign policy, including the
conduct of diplomatic and consular relations with foreign
countries, diplomatic relations with international
organizations, and related activities. The account includes
funding for all of the program and operations bureaus and
offices of the Department of State and the Foreign Service.
The conference agreement includes funding for program
activities described below:
Diplomatic Readiness Initiatives.--The conference
agreement includes a program increase of $70,000,000 for the
diplomatic readiness initiative to support the hiring and
training of approximately 399 new foreign service and civil
service employees. Before obligation of these funds the
Department shall provide the Committees, through the regular
reprogramming process, a comprehensive spending and staffing
plan accompanied by materials demonstrating any and all right-
sizing analyses and actions taken worldwide since the issuance
of the Overseas Presence Advisory Panel report in 1999. The
Department may propose, through the reprogramming process, to
reallocate funding under the diplomatic readiness initiative
for critical foreign national hiring needs. The conferees
expect that the highest priority will be placed on new
positions in Near East and South Asia. The program increase
described below for public diplomacy includes funding for
additional foreign national public diplomacy staffing overseas.
Public Diplomacy Programs.--The conference agreement
includes language specifying that $292,693,000 is available
only for Public Diplomacy programs. The integration of the
United States Information Agency into the State Department in
fiscal year 2000 resulted in public diplomacy resources being
spread across several different bureaus. The conferees believe
that separately identifying total resource levels will
facilitate the Committees' ability to monitor funding levels
and trends for these activities. The amount identified for
public diplomacy programs includes the costs of personnel and
programs throughout theDepartment. The conferees expect the
Department to identify all organizational impediments to optimal
performance of public diplomacy programs, and propose the necessary
changes through the reprogramming process.
The conference agreement includes a program increase of
$10,300,000 for public diplomacy programs. This funding will
support expansion of InfoUSA content, and other internet-based
information programs, including the translation of content into
Arabic and South Asian languages, as well as the continuation
of programs in the Arab and Muslim world initiated with fiscal
year 2002 supplemental funding. This funding will also support
surveys and research to improve effectiveness of public
diplomacy programs, and increased local staffing worldwide.
The conferees acknowledge the critical role that public
diplomacy will play in the global war against terror. The
Department will not be successful in its important public
diplomacy mission unless it is guided by a comprehensive,
sustained strategy for program execution. The Department is
directed to submit a Public Diplomacy Strategy to the
Committees on Appropriations no later than June 1, 2003. The
conferees understand that the need for interagency coordination
in international public information programs has resulted in
the creation of the White House Office of Global
Communications. The use of any funds provided to the Department
of State under this Act or any prior Act for initiatives or
programs of the Office of Global Communications must be
approved in advance by the Committees on Appropriations.
Africa Policy Advisory Panel.--The conference agreement
includes language authorizing the Secretary to create an Africa
Policy Advisory Panel, and provides up to $500,000 to fund
related costs. The conferees expect that this panel will be
appointed by the Secretary and will deliver its final report to
the Secretary no later than one year from the enactment of this
Act. The conferees believe that the U.S. Government too
frequently fails to devote sufficient attention and resources
to African affairs. African nations today face enormous
obstacles to development and political stability. The United
States has a vital national interest in helping African nations
to develop workable solutions to provide people with freedom,
economic opportunity, and functioning governments.
The conferees expect that the establishment of this panel
will generate greater interest in the importance of Sub-Saharan
Africa. In calling for this panel, the conferees recognize the
complex issues facing Africa and the limited budgetary
resources available to help policymakers address these
problems.
The conferees acknowledge the Department's increased
efforts in these areas, including the strengthening of the
trading relationships spawned by the African Growth and Trade
Act, substantially increasing two-way trade with Africa,
launching a Sovereign Credit Rating Initiative, increased HIV/
AIDS funding, programs to enhance African peacekeeping
capabilities, support for UN and regional peacekeeping efforts,
and assistance in ending conflicts continent-wide, including in
the Sudan and in the Democratic Republic of the Congo.
Assertive engagement between Africa and the United States
is vital to U.S. interest and necessary. Africa is a key player
in our global war against international terrorism. Africa is
also a key supplier of crucial resources, including oil. The
most serious challenge facing Africa today is the AIDS
pandemic: its social, economic, and political impact will be
devastating for millions of Africans for years to come. In the
past decade alone an estimated 17 million Africans died of
AIDS. Of the 40 million people infected with HIV worldwide, an
estimated 28 million are in sub-Saharan Africa. Civil war
continues to plague the continent. The conflict in Sudan
continues unabated with two million killed and four million
displaced.
It is critically important to strengthen our relations
with Africa and formulate a coherent, effective Africa policy.
An Africa Policy Advisory Panel could help meet these
objectives and explore related issues, including how the United
States can most effectively assist in the fight against AIDS/
HIV and other infectious deadly diseases in Africa; what role
the United States should play in conflict prevention and
resolution in Africa; how the United States can use its
economic and development assistance more effectively; how the
United States should approach recurring natural and man-made
humanitarian crisis; what specific measures the United States
can take to promote democracy, human rights, religious
tolerance, and a free press in Africa; how the United States
can help strengthen Africa's institutional capacity to fight
international terrorism effectively, and U.S.-Africa security
relations; what specific measures the United States can take to
increase trade and investment between Africa and the United
States.
The conferees expect that this panel will take a fresh
look at U.S. policy in the region, focus more attention to the
importance of U.S.-African affairs, and make recommendations to
the Secretary for specific action.
Trafficking in Persons.--The conferees continue to be
concerned about the serious problem of international
trafficking in persons. The conferees note the important role
given to the Department to monitor and combat trafficking in
persons in the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386), and the establishment of the
Office to Monitor and Combat Trafficking in Persons (TIP
Office) within the Department. The conference agreement
includes the costs to continue the operations of this office.
The conferees believe that there must be increased
coordination among executive branch agencies and even within
the Department of State with respect to the implementation of
the Trafficking Victims Prevention Act of 2000 (Public Law 106-
386). While the Committee recognizes that efforts have been
made by the Interagency Task Force to establish a lower level
group of the Senior Policy Advisers' Group, chaired by the
Undersecretary of State for Global Affairs, the Department
needs to better coordinate day-to-day activities to implement
the Act. Current efforts by the Office to Monitor and Combat
Trafficking to fulfill a similar function are impeded by the
inability to obtain full participation and cooperation from
other agencies and offices involved in addressing this critical
area. In particular, the Committee is concerned that at times
there is unnecessary duplication among the agencies that
implement the program and inconsistent or uncoordinated
approaches to combating the heinous abuses inherent in
trafficking in persons.
In order to improve accountability for government-wide
anti-trafficking policies, the conference agreement includes
language establishing a Senior Policy Operating Group, chaired
by the Director of the Office to Monitor and Combat
Trafficking, who will have enhanced responsibility to help
coordinate these programs. It will also provide the Committees
and others in Congress a central point to obtain information
and affect anti-trafficking programs administered by the U.S.
Government. The conferees also expect that such a group will
ensure that scarce resources are wisely used. The conferees
believe that U.S. Government anti-trafficking programs should
deliver coordinated, effective assistance to address all three
areas of prevention, protection and prosecution, and such
programs should focus on both sex trafficking and trafficking
involving labor slavery, just as the Act addresses all such
trafficking abuses.
The conferees do not intend to transfer ultimate agency
decision-making power to the Operating Group. Its establishment
is intended, however, to ensure active interagency discussion
and full interagency coordination before and after agency
decisions are made regarding significant actions to combat
trafficking and to implement the Trafficking Victims Protection
Act of 2000. Where grants are awarded by an agency's field
offices abroad, the Operating Group will have to work out a
mechanism to ensure that the making of such grants is not
impeded while ensuring coordination between the agencies
involved and the Operating Group.
Within the amount provided under this heading, the
conferees expect the Department to provide sufficient staff
positions from within Global Affairs to the TIP Office to
assist in the production of the Department's annual report on
trafficking in persons. In addition, the recommendation
includes an increase of $500,000 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 to be held in Washington, DC. This conference will
bring additional international attention to the issues related
to sex trafficking, and will be an opportunity to network,
share best practices, and develop international plans of action
on prevention, prosecution and protection.
Facilities.--The conference agreement includes
$30,448,000 for facilities-related initiatives. This includes
$14,000,000 for the relocation and housing of the staff of the
United States Mission to the United Nations in temporary space
in anticipation of the construction of a new headquarters
building. The funding level also includes an increase of
$16,448,000, and a total funding level of $31,305,000, to
continue the renovation and expansion of the Charleston
Financial Services Complex and to cover consolidation costs for
functions moving from Washington and the Financial Services
Center in Bangkok.
Availability of Reports.--The conferees recommend that
each U.S. Embassy translate into the official language of the
host country the report for the host country from the ``Country
Reports on Human Rights Practices'', the ``Annual Report on
International Religious Freedom'', and the ``Trafficking in
Persons Report'' within 30 days of issuance, and post those
documents on the embassy website along with the English
version.
NATO Interparliamentary Assembly.--The conference
agreement includes such funds as necessary for costs associated
with fulfilling UnitedStates responsibilities with regard to
hosting the NATO Interparliamentary Assembly in 2003.
Interagency Task Force.--The conference agreement
includes such funds as necessary for costs associated with the
establishment of a U.S. Government interagency task force to
monitor the United Nations headquarters renovation project.
Worldwide Security Upgrades.--The conference agreement
includes $553,000,000, the full amount requested under
Diplomatic and Consular Programs, for the costs of worldwide
security upgrades. This funding includes $418,501,000 to
provide full year costs of maintaining base security activities
at current levels. These activities include guard services,
physical security equipment, armored vehicles, personnel,
training and wireless communications.
In addition, the conference agreement includes
$74,000,000 to continue the perimeter/compound security
initiative. Through fiscal year 2002, upgrades had been
completed at 115 posts. With this funding and additional
funding under the Embassy Security, Construction and
Maintenance account, upgrades will be completed at an
additional 71 posts. The remaining 57 posts are scheduled for
completion in fiscal year 2004.
The conference agreement also includes $21,000,000 for
domestic technical and physical security upgrades, $17,302,000
to improve response to terrorist incidents and potential usage
of chemical and biological weapons, and $22,197,000 to support
additional positions in the Bureau of Diplomatic Security,
including security engineers, security technicians, and civil
service support staff. This increase is on top of 389 new
positions provided in fiscal year 2002, which included 277
special agents, 13 security engineers, 18 security technicians
and 81 civil service support staff. This staffing increase will
ensure that sufficient resources are allocated to address
continuing high threat levels overseas, to improve the
management of overseas security improvement programs, and also
to maintain domestic protective and other responsibilities. The
Department shall submit a detailed spending plan by March 1,
2002, for the entire amount provided for worldwide security
upgrades, subject to the regular reprogramming requirements.
This spending plan shall include a complete and thorough
accounting of prior year security funds.
Right-Sizing the U.S. Government Presence Overseas.--The
conferees expect the Department to continue efforts to develop
interagency mechanisms to better coordinate, rationalize and
manage the overall deployment of U.S. Government personnel
overseas. The conferees continue to expect that right-sizing
can result in significant overall budget savings. Right-sizing
is also discussed under the Embassy Security, Construction and
Maintenance account.
Border Security Program.--The Department's budget request
includes funding of $642,731,000 for the Department's Border
Security program, to be entirely funded through collection of
Machine Readable Visa fees. Since the submission of that budget
request there has been a decline in fee revenue resulting from
a reduction in the number of visa applications received. In
addition, changes in programmatic emphasis have resulted from
new laws as well as Departmental reviews of consular processes,
procedures and policies.
These factors have led the Department to propose a new
fiscal year 2003 budget for the Border Security Program
totaling $616,821,000, a reduction of $25,910,000 from the
original requested level. This adjusted level of operations
includes a program increase of 52 new consular positions,
reflecting projected workload increases in relation to visa
applications, passport adjudications, citizen services and
associated management. The new budget estimate includes
$70,100,000, an increase of $15,000,000 over the original
estimate, in the modernization and support area. This increase
will fund software development to implement collection of a
biometric in the visa and to support an expanded data share
requirement with other agencies.
The conferees urge the Department to continue to work on
an interagency basis to strengthen the visa process to make it
an effective anti-terrorism tool, while avoiding the creation
of unnecessary barriers or delays to legitimate travel to the
United States. In this regard, the conferees expect the
Department to submit a report by March 31, 2003, detailing all
the changes to the visa application review process since
September 11, 2001, and establishing a program spending plan
and timetable for any further improvements or enhancements.
Based on information from the Department, the conferees
estimate there will be $89,727,000 in carryover funds from
fiscal year 2002 available to support the fiscal year 2003
program. The conferees continue to support Bureau of Consular
Affairs efforts to implement the diversity visa program.
Saudi Arabia.--The conferees are gravely disappointed by
reports that American citizens seeking refuge and assistance
have been turned away at the U.S. Embassy in Riyadh, Saudi
Arabia. The conferees expect the Department and the Embassy to
follow the stated Department goal to support U.S. citizens
abroad and those concerned about them in the United States, and
to take every step possible within current law to ensure that
any American citizens seeking refuge in similar cases are not
treated in a similar fashion.
Minority Recruitment and Hiring.--The Department is
directed to provide $1,500,000 to continue its educational
partnership begun in fiscal year 2001 with Hostos Community
College and Columbia University in New York. This model program
will support the Department's ongoing efforts to increase
minority hiring and diversity by facilitating the preparation
of non-traditional and minority students for careers in the
Foreign Service and the State Department. The conferees also
expect the Department to continue base funding for an ongoing
partnership with Howard University. With regard to this
partnership, the funding is provided to support the
Department's efforts to enhance the diversity of the U.S.
diplomatic corps by increasing the number of underrepresented
minorities in foreign relations and international affairs
careers. These resources are to continue and expand the
successful collaborative partnership between the Department and
Howard University to recruit and prepare students from various
institutions with large minority populations for positions in
the U.S. Foreign Service.
Overseas Schools.--The conferees commend the Consolidated
Overseas Schools Assistance Program for its effective work in
improving the quality of education for children of U.S.
citizens living overseas. The program fulfills a dual purpose
of providing a high quality, American-style education for
children of U.S. citizens assigned overseas and introducing the
best in American educational practices to children of and
educators of other nations. In addition, the conferees commend
the Overseas Schools Advisory Council, which helps bring
educational excellence to American-sponsored overseas schools
through the enhancement projects of the Council's annual
Educational Assistance Program. Further, the Council
successfully encourages financial support to these schools from
U.S. corporations and foundations, as well as volunteer
participation in activities of the schools by U.S. firms'
overseas employees and their spouses.
Office of Defense Trade Controls (ODTC).--The conferees
note the efforts of the ODTC to streamline licensing processes
and to reduce response times without compromising national
security. However, despite improvements, the conferees remain
concerned that compliance with existing regulations is
increasingly problematic for small businesses, and has
contributed to a drop-off in foreign sales for the U.S.
satellite industry. The conferees are aware of additional
concerns that some small businesses active in the manufacture
and export of defense articles are unaware of the existence of
the ODTC and export regulations. To deal with these concerns,
the conferees expect the ODTC, within the level of funding
provided under this account, to provide a point of contact and
start-up guidance to small businesses and other new
registrants, and to ensure they receive appropriate
consideration. In addition, ODTC should develop training tools
accessible to such small businesses, and other outreach
efforts, as appropriate.
Extradition.--The conferees expect the Department to work
with the Department of Justice to bolster efforts to negotiate
effective extradition treaties.
Security of Classified Material.--Consistent with the
report submitted to the Committees on Appropriations in 2002
regarding the number of containers used for storage of
classified material that are not in compliance with Federal
specifications, the recommendation includes such sums as
necessary to continue efforts to replace such locks.
Art in Embassies.--The conferees support efforts to
conduct collaborative art projects for display on-site at U.S.
Embassies. Such projects can create a low-cost medium for
dialogue and interaction, and can increase understanding of
common interests and the free exchange of ideas. Within
available funds, up to $1,000,000 may be used for this
initiative.
New Post Openings.--The conferees are concerned that the
Department is taking actions to establish new overseas posts
before any request is transmitted to the appropriate
Congressional committees, thereby undermining the purposes of
Congressional review and Committee reprogramming requirements.
The conferees remind the Department that the establishment of a
new Department Office or post overseas is subject to section
605 reprogramming procedures. The conferees expect that any
such proposals will, whenever possible, be included in the
Department's annual budget submission, and will include a full
accounting of the anticipated costs of such proposals. The
Conferees remind the Department that decisions by the
Committees on Appropriations to open new posts are based on
overall U.S. foreignpolicy objectives, right-sizing
considerations, and on the resource limitations of the Department. Such
decisions are made irrespective of any unofficial or unauthorized
presence the post might have established prior to the Department's
submission of a formal request to the Committees on Appropriations.
Security Training and Enhancements.--Explosive growth in
numbers of personnel in the Bureau of Diplomatic Security [DS]
has created an imbalance between seasoned and unseasoned agents
that can only be solved with time. The total number of DS
agents now stands at 1,150, with just under half of these
agents having been hired in fiscal years 2001 and 2002. The
Committee therefore directs that DS utilize a portion of the
funding provided under Frontline Security Readiness for the
training of new agents.
Additionally, the conferees remain concerned about the
Department's decisions relating to the placement of DS agents.
This is a time of heightened threat to our overseas posts, as
demonstrated by recent attacks against U.S. diplomatic and
military installations around the world. Given this security
environment, the conferees are concerned that too few agents
are stationed overseas compared with the number on assignment
in the United States. The conferees direct the Secretary of
State to submit a staffing plan for the Bureau of Diplomatic
Security to the Committees on Appropriations by June 1, 2003.
At this time of heightened threat to American posts
abroad, the benefits of the security enhancement funds the
Committees have provided to the Department since the Dar and
Nairobi bombings in 1998 are being realized. The most recent
indicator of improved physical security at U.S. posts overseas
came on June 14, 2002, when a suicide bomber detonated a 500-
pound fertilizer bomb outside the U.S. Consulate General in
Karachi. The physical damage to the building was minimized due
to recent security upgrades to the embassy compound. The
Consulate's perimeter wall had recently been reinforced, and
barriers installed between the wall and the street prevented
the vehicle from reaching the building. Shatter resistant
window film also significantly mitigated damage from the blast.
An earlier reconfiguration of interior office space, undertaken
to provide additional blast separation, also proved helpful.
Continual security upgrades to existing properties are as
important as the Department's Capital Security Construction
program. Accordingly, the conference report includes full
funding for worldwide security upgrades.
Host country relations.--The conference agreement
includes up to $2,000,000 out of available funds to continue
the Ambassador's Fund for Cultural Preservation. U.S.
Ambassadors serving in less developed countries may submit
competitive proposals for awards for one-time or recurring
projects. Awards will be based on the importance of the site,
the country's need, and the potential of the award to make a
meaningful contribution to the preservation of the site,
object, or form of expression. The Department is directed to
submit an annual report to the Committees on Appropriations on
winning projects.
International Center for Muslim-Western Dialogue.--The
conference agreement for the Embassy Security Construction and
Maintenance account includes funding for the restoration of the
original U.S. consular facility in Istanbul, Turkey. The
conferees direct that the facility be used as an International
Center for Muslim-Western Dialogue, the mission of which shall
be to promote democracy. The conferees direct the Secretary to
collaborate with existing non-profit organizations that focus
on Western-Muslim relations such as the Asia Foundation, the
National Endowment for Democracy, and other U.S.-based centers
for Islamic studies in developing a plan for the creation and
administration of the Center. The conferees encourage the non-
profit organizations involved in the planning of the Center to
play a continuing role both in the administration of the Center
and in the execution of its programs. The Department is
directed to submit this plan to the Committees on
Appropriations no later than September 1, 2003.
Language training.--Several reports have identified a
serious shortage within the Federal Government of personnel who
possess the language skills required for their positions. This
challenge appears particularly acute at the Department of State
where language skills are directly linked to the execution of
the Core Missions. Reliable aggregate data on the language
capabilities of Foreign Service Officers [FSOs] is, however,
not generally available or, when available, is seriously
flawed. The Department has indicated that the primary factor
contributing to its inability to meet its language staffing and
proficiency goals is an overall staffing shortfall of more than
1,100 people, as identified in the Department's Diplomatic
Hiring Report. This report led the Department to propose the
Diplomatic Readiness Initiative, a program under which a
projected 1,158 new Foreign Service Officers will be hired over
a 3-year period. However, the Diplomatic Readiness Initiative
does little to address the specific problem of language
proficiency at the Department. Funds available for salaries
should be leveraged to provide pay incentives to FSOs who
gainexpertise in hard-to-learn languages, to provide an attractive
career path for linguists, to enhance the retention of FSOs with
desired language skills, and to provide ample training opportunities to
FSOs willing to learn a difficult language mid-career. Funds provided
for workforce retention should also be utilized to recruit native
speakers of difficult and hard to fill languages, drawing upon the vast
human resources afforded by a demographically diverse United States.
Language proficiency must be a criterion in the selection of FSOs. If
our diplomats truly are our ``first line of defense'' against foreign
threats, then their ability to converse fluently in the languages of
the countries to which they are posted is critical to national
security. The conferees direct the Department to develop a plan to
address the problem of foreign language proficiency, particularly as it
concerns difficult languages, and to submit the plan to the Committees
on Appropriations no later than July 1, 2003. The conferees further
direct the Department to collaborate with the Committees during the
preparation of the fiscal year 2004 appropriations bill so that
immediate funding requirements associated with improving foreign
language proficiency can be met as soon as possible.
Continuing language education.--Language skills ensure
that dependents of Department of State personnel are not
overwhelmed by isolation and alienation, resulting in lowered
post morale. The conference agreement includes up to
$10,000,000 for continuing language education programs for both
employees and dependents at posts worldwide. Language classes
should also be open to non-State Department (Federal) employees
on a space-available, reimbursable basis.
Office of Foreign Missions.--The conferees are aware of
concerns that the Office of Foreign Missions [OFM] may be more
appropriately aligned organizationally with other management
functions, rather than with the Bureau of Diplomatic Security.
The conferees expect the Department to submit a report to the
Committees by June 1, 2003, reassessing organizational issues
with regard to OFM, and including any recommendations for
changes.
International conservation of sea turtles.--The conferees
remain concerned with the increasing threat to sea turtles,
particularly those listed under the Convention on International
Trade on Endangered Species of Wild Fauna and Flora [CITES],
from incidental capture by foreign fishing fleets, particularly
in the longline fishery. The Department has ignored Committee
direction for the past 2 years. Specifically, the Department
ignored direction stating that the Secretary should, on an
expedited basis, negotiate strong, enforceable management,
reporting, and data collection measures (including economic
measures) focused on reducing incidental capture of sea turtles
in commercial fisheries under regional management agreements
for living marine resources. These agreements include the
Inter-American Sea Turtle Conservation Treaty, the Inter-
American Tropical Tuna Convention, the International Convention
for the Conservation of Atlantic Tunas, and the Convention on
the Conservation and Management of Highly Migratory Fish Stocks
in the Western and Central Pacific Ocean (the Multilateral High
Level Conference). The conferees are concerned that no
international agreements specifically addressing turtle by-
catch from longline fishing have been negotiated, and the
Department has negotiated only voluntary initiatives rather
than binding agreements to this end.
The conferees expect the Secretary, in cooperation with
the Secretary of Commerce, to use all appropriate means
available to broaden the participation of other nations in the
Convention on the Conservation and Management of Highly
Migratory Species in the Western and Central Pacific Ocean. Of
the funding provided for the Bureau of Oceans and International
Environmental and Scientific Affairs, not less than $750,000
shall be for negotiating, in consultation with the Department
of Commerce, a binding agreement providing for annual
reductions in sea turtle mortality in the longline fisheries of
the Western and Central Pacific, that shall, by 2008, result in
at least a 30 percent reduction in takes, and thereafter result
in such fisheries meeting sea turtle take levels comparable to
those achieved by the U.S. longline fleet.
Conservation enhancements.--The conferees are concerned
that non-U.S. parties to the International Dolphin Conservation
Program (IDCP), of which the United States is a member, are not
fully complying with the requirements of the IDCP, particularly
with respect to accurate reporting of dolphin interactions and
mortality. The conferees expect the Department, in conjunction
with the Department of Commerce, and in consultation with key
U.S. stakeholders, to evaluate and document any lack of
compliance by the non-U.S. parties to the IDCP with its
provisions, including through on-site visits and discussions
with government officials, observers and others with first-hand
knowledge of country practices, and to submit a written report
describing the findings to the Committees no later than
September 30, 2003. The report should include an evaluation of
compliance with the on-board observer program, including a
comparison of the reporting frequency of national observers as
compared to IATTC observers; reporting of dolphininteractions
and mortality; operational requirements for vessels; the extent to
which vessels with a carrying capacity of 400 short tons or less are
setting on dolphins, and actions by parties to report and follow-up on
infractions identified by the international review panel. The conferees
also expect the Department, in conjunction with the Department of
Commerce, to seek measures to strengthen the IDCP to reduce impacts
from setting on dolphin populations in the ETP other than reported
mortalities, including expanding the application of the IATTC observer
program to include vessels with a carrying capacity of 400 short tons
or less, requiring measures that will reduce cow-calf separation,
limiting the number of sets on dolphins, and limiting the dolphin herd
sizes on which sets are made. Of the funding provided for the Bureau of
Oceans and International Environmental and Scientific Affairs, not less
than $750,000 is for these negotiations.
International trade.--In past years the Department has
attempted to pursue enhancements for international trade
activities that fall more appropriately under the jurisdiction
of the Commerce Department's International Trade
Administration, and in particular under the jurisdiction of the
United States and Foreign Commercial Service. The conference
agreement does not include funding for any new initiatives with
regard to expansion of international trade activities. In
addition, the conferees expect that the Department will not
unnecessarily impede any legal and appropriate technical
discussions between the United States Department of Agriculture
and Cuba's Agriculture ministry regarding health standard
certifications for agricultural products exported from the
United States to Cuba.
Secure Card Technology.--The conferees are aware that the
U.S. Embassy in Mexico City began issuing secure laser visa
border crossing cards to Mexican visitors in May, 2002. The
conferees direct the Department, in consultation with the
Immigration and Naturalization service, to report no later than
May 5, 2003 on the success of this secure visa issuance program
in Mexico City. The report should provide recommendations to
the Committees regarding the expansion of this visa issuance
process to all visa types and the potential for application of
the secure card technology at U.S. foreign missions.
Fingerprint services.--The conferees expect U.S.
embassies and consulates with fingerprinting capabilities to
fingerprint aliens seeking first-time flight training in
aircraft weighing 12,500 pounds or more and transmit those
fingerprints to the Department of Justice and other relevant
agencies for the purposes of checking fingerprints against
appropriate terrorist watch-lists.
International Child Abductions.--The conferees remain
concerned about the adequacy of the Department's efforts to
counter the serious problem of international child abductions.
Within 90 days of enactment of this Act, the Department is
directed to submit a report to the Committees on Appropriations
which includes the following information: the country,
location, and number of all known U.S. citizens under the age
of 18 who have been abducted by a parent or relative as the
result of a custody dispute and who are being held abroad in
contravention of U.S. laws or judicial orders; a summary of
actions taken by the Department of State to secure the
repatriation of abducted American children; and a list of
diplomatic measures, including treaties and agreements, that
can be used to facilitate the repatriation of abducted American
children. The conferees expect the Department to complete and
release the State Department's report on compliance with the
Hague Convention on the International Aspects of Child
Abduction. The Hague Convention, which the United States and
many of our Allies have signed, is in place to facilitate the
return of internationally abducted children to their countries
of ``habitual residence'' for custody determination. The
conferees recognize the importance of compliance with the Hague
Convention and request this report be sent to the Committee on
Appropriations no later than March 31, 2003. The conference
agreement includes such funds as necessary to be used for an
international conference on best practices in adoption. The
conference would promote cooperation among the U.S. and other
countries in support of the Hague Convention.
Globalization.--Within available funding, up to
$1,000,000 may be available, if merited, to support the
Globalization Research Network [GRN] research consortium. The
consortium conducts interdisciplinary, international studies of
pressing problems faced by humanity. Any funding allocated to
this activity shall be proposed through the regular
reprogramming process.
Financial Operations.--Over the past several years the
Department of State has made significant improvements in its
financial operations. For the past six years, the Department
has had clean audited financial statements. Additionally, the
Department has been streamlining and centralizing its overseas
and domestic financial operations in Charleston, South
Carolina. The conferees are aware that the Office of Management
and Budget has undertaken an effort to consolidate payroll
operations among the Federal agencies. From Charleston, the
Departmentcurrently pays over 25,000 Americans both
domestically and overseas and over 35,000 local national employees in
180 different countries, bi-weekly, in local currencies. Before the
Department expends any resources to join a consolidated payroll effort,
the Committees on Appropriations are to be notified through the
reprogramming process of any such plans and how this will affect
staffing, and represent a cost savings to the taxpayer.
Changes from the Budget Request.-- As in previous years,
the conferees expect that there will be additional savings
available to the Department, including exchange rate gains and
vacancies in funded positions. The Department will have the
ability to propose that savings be used for needs not funded by
the recommendation through the normal reprogramming process.
CAPITAL INVESTMENT FUND
The conference agreement includes $183,311,000 for the
Capital Investment Fund. In addition, the conferees expect that
$86,000,000 in expedited passport fees will be used to support
the information technology modernization effort, for a total
fiscal year 2003 spending availability of $269,311,000.
The entire amount available under this heading, including
fees, will support investments in new information technologies
and infrastructure to improve the efficiency of Department
operations. Costs associated with ongoing information
technology operations and maintenance are included under the
Diplomatic and Consular Programs account, as in fiscal year
2002.
The conference agreement provides the full requested
amounts for two major technology initiatives:
$94,235,000 for the Classified Connectivity Project
(CCP). This amount will enable the Department to
replace obsolete computer and communications equipment
that posts use for classified operations. The Committee
views this project as the Department's highest priority
technology investment activity, and expects the
Department to achieve installation of CCP connectivity
in all eligible posts by October 1, 2003. The Committee
is willing to consider a reprogramming of funding under
this account if additional resources are required to
achieve this timetable.
$36,500,000 for the OpenNet Plus project. This
amount will enable the Department to complete the
expansion of desktop Internet access to all Department
employees worldwide during fiscal year 2003. The
Committee expects that, by April 30, 2003, 100 percent
of bureaus and eligible posts overseas will have
OpenNet Plus installed and operating, and 100 percent
of Internet users Department-wide will have only one
computer with Internet and Intranet access at their
desktops.
The conference agreement includes a total of $17,000,000
for the Integrated Messaging and Foreign Affairs Systems
Integration (FASI) initiatives, and $7,345,000 for public key
infrastructure requirements. The Department shall report to the
Committee no later than 30 days after the enactment of this Act
on results of the FASI pilots in fiscal year 2002, and a
program and financial plan for fiscal year 2003 to establish
secure interagency communications using a public key
infrastructure.
The Committee directs that the Chief Information Officer
of the Department develop an annex to the existing IT Strategic
Plan which outlines in detail the Department's 5-year strategy
for maintaining and upgrading its existing IT infrastructure.
This strategy will help ensure that the significant investments
made in the last 2 years are not lost, and that the
Department's current IT infrastructure is leveraged both to
capitalize on these prior investments and to meet the needs of
the Department. The Department is directed to submit this annex
to the Committees on Appropriations no later than September 1,
2003.
The conferees direct the Department to submit, by April
30, 2003, an updated performance report for the Classified
Connectivity and OpenNet Plus projects. This report should
include a corresponding implementation timetable, a multi-year
funding requirement table, and specific efficiencies and
savings resulting from each project.
The conferees direct the Bureau of Human Resources, in
consultation with the Chief Information Officer of the
Department, to report to the Committees on Appropriations on
how the Department plans to meet its short and long-term human
capital needs in the area of information technology. The report
should address such issues as pay incentives, specialized
recruitment strategies, and preventing attrition to the private
sector.
The conferees support the trend at the Department towards
the central management of information. The conferees are aware
that, at a time of increased threat to our overseas posts, the
ability to store and manage information, particularly
classified information, domestically can greatly enhance the
security of that information. One technology that appears
particularly promising is the high-assurance virtual wide area
network [WAN]. This technology would allow the Department to
minimize the information stored at post and permit computer
terminals to be ``sanitized'' of sensitive information when not
in use. Within the funds made available under this account for
Centrally Managed Infrastructure, the Department shall
institute a pilot project to develop a high-assurance virtual
WAN architecture and prototype in support of Department of
State activities. Up to $8,000,000 may be made available for
this purpose, subject to reprogramming. The conferees expect
the Bureau of Information Resource Management to collaborate
closely with the Bureau of Diplomatic Security (DS) and with
other relevant agencies on this pilot project. This will ensure
that any technologies employed by the Department to centrally
manage its information meet all of the security requirements
set forth by DS and by other relevant agencies. The conferees
direct the Department to present a preliminary plan for this
project within 60 days of enactment of this Act.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $29,264,000 for the
Office of Inspector General (OIG). The Inspector General
conducts oversight at the State Department and the Broadcasting
Board of Governors. The conference agreement includes funding
for OIG oversight of the Department's efforts to implement
worldwide security upgrades.
The conference agreement includes language, as in
previous years, waiving the statutory requirement that every
post be inspected every five years, in order to provide greater
flexibility to the Inspector General to use resources in the
most productive areas. The Department shall report to the
Committees by July 4, 2003 on the OIG's post inspection regime,
and the need for the continuation of waiver language in future
fiscal years. The conferees believe that the OIG can achieve
the statutory post inspection requirements within existing
resource levels by re-engineering inspection processes and
reprioritizing tasks.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The conference agreement includes a total of $245,306,000
for the Educational and Cultural Exchange Programs of the
Department of State. In addition to the amount provided under
this heading, the Department expects to receive transfers from
accounts in other appropriations acts for exchange programs,
primarily with nations of east and central Europe, and of the
former Soviet Union. The following chart displays the
conference agreement on the distribution of funds by program or
activity under this account, including an estimated $5,754,000
in prior year recoveries:
Amount (in thousands)
Academic Programs:
Fulbright Students, Scholars, Teachers.............. 123,000
Hubert H. Humphrey Fellowships...................... 6,000
Foreign Study Grants for U.S. Undergraduates........ 1,575
Educational Advising and Student Services........... 3,600
English Language Programs........................... 4,335
American Overseas Research Centers.................. 2,500
South Pacific Exchanges............................. 500
Tibet Exchanges..................................... 500
East Timor Exchanges................................ 500
Disability Exchange Clearinghouse................... 500
--------------------------------------------------------
____________________________________________________
Subtotal, Academic Programs....................... 143,010
Professional and Cultural Programs:
International Visitor Program....................... 50,365
Citizen Exchange Program............................ 17,000
Congress Bundestag Youth Exchange................... 3,000
Mike Mansfield Fellowship Program................... 2,200
Youth Science Leadership Institute of the Americas.. 100
Special Olympics.................................... 150
Africa Workforce Development Exchanges.............. 300
National Forensics League........................... 250
George Mitchell Scholarship Program................. 500
PSC US-Pakistan Educator Development................ 250
Institute for Representative Government............. 500
Irish Institute..................................... 275
Rule of Law Forum--SMU.............................. 800
Winter Cities Conference............................ 100
Girls International Forum........................... 200
Atlantic Corridor................................... 275
Interparliamentary Exchanges with Asia/Africa....... 400
--------------------------------------------------------
____________________________________________________
Subtotal, Professional and Cultural Exchanges:.... 76,665
North/South Center.................................. 500
Exchanges Support................................... 30,885
========================================================
____________________________________________________
Prior Year Balances Applied:........................ (5,754)
========================================================
____________________________________________________
Total Exchange Programs:.......................... 245,306
Deviations from this distribution of funds will be
subject to the normal reprogramming procedures under section
605 of this Act.
The Committee recognizes that international education and
exchange programs are critical components of U.S. national
security and foreign policy. In light of the tragic events of
September 11, 2001 this type of engagement with the world is
more important than ever. International educational and
exchange programs enable the United States to augment the
foreign language and foreign area expertise of each successive
generation of rising leaders, prepare U.S. students to function
effectively in a global environment through study abroad, and
promote international understanding through professional,
scholarly, and citizen exchanges.
The Conference agreement includes funding for citizen
exchange programs (including continued base funding for the
American Council of Young Political Leaders exchanges and the
Congress-Bundestag Program). With respect to the Congress-
Bundestag Program, the conferees intend that the amount
provided will support 380 exchanges in fiscal year 2003, the
same level as in fiscal year 2002. The conference agreement
also includes funding for African workforce development
exchanges (including funding for the AFTECH virtual university
initiative) and funding for the Disability Exchange
Clearinghouse. The conferees continue to support the goal of
increasing the number and quality of exchange opportunities for
people with disabilities. The conferees expect the Department
to submit a report to the Committees on Appropriations within
90 days of enactment of this Act detailing current efforts to
make exchange opportunities available for people with
disabilities and a plan to increase such opportunities in the
future.
The conference agreement includes funding for enhanced
programs to engage Arab and Muslim audiences through
educational and cultural exchanges. The conferees expect this
funding to continue and expand the programs funded from fiscal
year 2002 supplemental appropriations, including Fulbright
Exchanges (including American Studies), English Language
Programs (including English Language Fellows), US/Afghan
Women's Council exchanges, Values/Religious Tolerance programs,
Media Training Exchanges, and American Studies programs. The
conferees expect the Department to allocate at least 15 percent
of the fiscal year 2003 appropriations provided under this
heading to the Near East region, and at least 10 percent of
such funds to the South Asia region. Should additional
recoveries become available under this heading, the conferees
expect the Department to allocate such funds to programs to
engage Arab and Muslim audiences on a priority basis.
Of the funds provided for the Council of American
Overseas Research Centers, the conferees expect that necessary
funds will be for a grant for research to develop a diamond
fingerprinting technology that will facilitate the monitoring
of the international trade in conflict diamonds.
The conferees expect the Department to submit a proposal
for the programmatic and geographic distribution of available
resources (including all unobligated balances and recoveries)
through the normal reprogramming process within 60 days from
the date of enactment of this Act. Within available funds under
this account, the conferees encourage the Department to
consider supporting the Israel/Arab Peace Partners, and African
Career Internship Immersion Programs.
The conferees expect that the overall funding
distribution will conform to the geographical guidance above.
The conferees further expect that this distribution of
available resources will separately identify any amounts
allocated to subsidize the administrative expenses of programs
that are not funded by amounts appropriated under this heading.
The conferees support the continuation of regional
scholars and graduate exchange fellowship programs with the
former Soviet Union, such as the Muskie Ph.D. program, and
expect that these activities will be funded from within amounts
transferred from other appropriations. In the event that these
programs are not adequately funded from other appropriations,
the conferees would entertain a proposal to fund such programs
from this appropriation through the regular reprogramming
process.
The conference agreement includes a limitation of not to
exceed $2,000,000 on the use of fees or other payments received
from or in connection with English teaching, educational
advising and counseling, and exchange visitor programs as
authorized by law.
The conferees are aware of the economic and cultural
exchange program, as well as the proposed ``sister state''
relationship being developed between the Tver Region of the
Russian Federation and the State of Louisiana. The conferees
support these efforts and encourage the Department to consider
providing assistance to the Louisiana-Tver Region of Russia
international exchange program.
REPRESENTATION ALLOWANCES
The conference agreement includes $6,485,000 for
representation allowances. These funds are used to reimburse
Foreign Service Officers for expenditures incurred in their
official capacities abroad in establishing and maintaining
relations with officials of foreign governments and appropriate
members of local communities.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The conference agreement includes $11,000,000 for the
Protection of Foreign Missions and Officials account. The
increase under this heading reflects the addition of protection
requirements after September 11th, including additional fixed
guard posts and increased motorcade, demonstration and
protective detail costs.
This account reimburses local governments and communities
for the extraordinary costs incurred in providing protection
for international organizations, foreign missions and
officials, and foreign dignitaries under certain circumstances.
The Committee believes that local jurisdictions incurring such
costs must submit a certified billing for such costs in
accordance with program regulations. The Committee also
believes that in those instances where a local jurisdiction
will realize a financial benefit from a visit by a foreign
dignitary through increased tax revenues, such circumstances
should be taken into account by the Department in assessing the
need for reimbursement under this program. The conferees expect
the Department to treat such submissions diligently and provide
reimbursement to local jurisdictions on a timely basis if
claims are fully justified.
Of the total amount recommended, $2,300,000 is available
for protection of foreign diplomats and their families
throughout the United States. The Foreign Missions Act of 1982
authorizes the provision of such services when necessary either
at the request of a foreign mission or on the initiative of the
Secretary of State. In these situations, where State and local
authorities cannot provide the security required, the Act
permits the Department of State to employ the services of
private security firms.
Of the total amount recommended, $8,700,000 is allocated
to reimburse New York City for the protection of foreign
missions and officials accredited to the United Nations and
other international organizations. These funds provide for the
costs of guard posts and security escort and motorcade services
to foreign missions and personnel assigned to the United
Nations.
The conference agreement includes language making these
funds available until September 30, 2004.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The conference agreement includes a total appropriation
of $1,263,500,000 for Embassy Security, Construction, and
Maintenance. The conference agreement designates $755,000,000
as available only for priority worldwide security upgrades,
acquisition, and construction, the full amount requested for
such activities. The conference agreement includes $508,500,000
for non-security related costs. The conference agreement
includes full requested wage and price increases for the
Department's Office of Overseas Buildings Operations (OBO)
totaling $12,936,000, which will support 787 positions in
fiscal year 2003.
This account provides funding to manage U.S. Government
real property worth more than $10,000,000,000 in over 200
countries, including maintaining 3,000 Government-owned and
long-term leased properties at 250 posts and leasing
approximately 1,100 office and functional facilities and 8,000
residential units, not only for the Department of State, but
for all U.S. employees overseas. The Department's latest
inspection survey identified in excess of 4,200 maintenance and
repair needs, as well as major rehabilitation requirements.
Worldwide Security Upgrades.--The conference agreement
includes $755,000,000 for security projects, including
$608,550,000 to continue the capital security program of
constructing new secure replacement facilities for the
Department's most vulnerable embassies and consulates. Projects
undertaken under this program will address the highest priority
facilities from a security standpoint. The conferees are
concerned that specific projects proposed in the budget request
may not meet this criterion, and that in previous fiscal years
the Department has proposed to reprogram funds under this
activity for projects that do not address top priority security
vulnerabilities and for projects that will not result, when
complete, in a facility that meets existing security standards.
The conference agreement also includes $146,450,000 to
complete worldwide perimeter security projects and begin a new
initiative to upgrade compound security, including installation
of forcedentry/ballistic resistant roof hatches, vault doors
and power-assisted vehicle barriers.
A proposed spending plan for the entire amount of
available resources provided for worldwide security upgrades
will be submitted through the normal reprogramming process
within 60 days from the date of enactment of this Act. The
Department shall notify the Committees immediately if there are
any facilities that the Department believes face serious
security risks.
Non-Security Base Programs.--The Committee expects the
Department to propose an allocation of any proposed funding for
non-security capital projects through the normal reprogramming
process.
The conference agreement includes up to $53,500,000 for
facility rehabilitation and up to $90,000,000 for maintenance
and repair of buildings. Within the amounts provided, the
conferees expect the Department to allocate funds as necessary:
to renovate the Istanbul consulate to serve as a center for
mutual cultural understanding; to carry out upgrades at the
U.S. Embassy in Luxembourg; and to conduct renovations at the
U.S. Embassies in Dili and Belgrade necessary to establish and
maintain classified activities at post. In addition, the
conferees are aware of proposals to address facilities and
security requirements with regard to the U.S. presence in Rome.
The conferees expect the Department to assess these proposals
and requirements and allocate funding as appropriate within the
funding provided under this heading. The conference agreement
includes full funding for the leasehold program. Within
available funds, the conferees expect the Department to
allocate up to $20,000,000 for the buyout of uneconomic leases.
The conference agreement funding level includes the full
amount requested for Security Management. This amount will
support additional site security measures and cleared American
guards to supervise an increasing number of capital projects.
The conference agreement also assumes $6,000,000 for
headquarters operations, $17,500,000 for information management
and support, and $23,000,000 for renovations of the Harry S
Truman Building.
Right-Sizing the Overseas U.S. Government Presence.--The
conferees continue to be disappointed at the failure to make
discernable progress in the pursuit of an Administration-wide
process of determining the right size and makeup of overseas
posts, including the explosive staffing projections at posts
scheduled for new office buildings. The conferees continue to
define ``right-sizing'' as the reconfiguration of overseas U.S.
Government staff to the minimum number necessary to meet
critical U.S. foreign policy goals. The notion of right-sizing
as a desirable means to improve security and gain efficiencies
implies that the current number of overseas staff is greater
than the minimum number necessary, and that the presence of a
number greater than the minimum number presents an unnecessary
financial and security burden. The conferees are not aware of
any right-sizing analysis to date that has resulted in a
proposed reduction to a country-wide staffing presence.
The conferees strongly encourage the Department to
continue to work toward an interagency mechanism that can
result in meaningful right-sizing. The conferees urge the
Department to adapt, as appropriate, the basic right-sizing
framework developed by the General Accounting Office to link
embassy staffing levels to physical security considerations,
mission priorities, and costs. In this regard, the conferees
support the Department's effort to initiate a consolidation,
streamlining and regionalization of country and multi-regional
staffing in Frankfurt, Germany. The success of this initiative
will be measured largely by the staffing reductions made
possible at less secure locations throughout Germany, Europe,
Eurasia, Africa and the Near East.
It costs two to three times as much to maintain an
employee outside of the United States as it does within the
United States. The conferees agree with the recommendation of
the Overseas Presence Advisory Panel, that rationalizing
staffing and operations abroad has the potential for large
budgetary savings. The justification for all facilities
projects funded under this account must include a full
explanation of regional efficiency and security planning, and
related staffing assumptions, and such projects will not be
approved for funding absent evidence of the application of a
uniform right-sizing methodology.
Assets Management.--The budget request designates
$80,000,000 in assets management funds planned for expenditure
in fiscal year 2003. The conferees expect that these funds will
be used for opportunity purchases to replace uneconomical
leases and for other priority capital acquisition purposes. In
addition, as in previous years, the conferees expect that
assets management funds will continue to be allocated in part
to security construction needs. Any use of these or additional
assets management funds in fiscal year 2003 is subject to
reprogramming. In addition, with respect to the requirement
that a reprogramming forany major new start be submitted, the
conferees understand that requirement to mean that rehabilitation or
construction of projects involving ambassador's residences will be
subject to the requirement.
The conference agreement continues language carried in
the bill in previous years that prohibits funds from being used
for acquisition of furniture and furnishings and generators for
other departments and agencies.
Soft Targets.--Recent terrorist attacks have brought into
focus a new kind of threat against our interests abroad,
specifically, threats against so-called ``soft targets.'' The
conferees direct the Department to formulate a strategy for
addressing such threats to locales that are either frequented
by Americans or are symbolic of the United States. The
conferees are particularly concerned about the safety of
American schools abroad, as well as international schools
attended by American children. The conferees direct the
Department to undertake a review of the security of all
overseas schools attended by the children of non-military
United States government employees. The report shall include
information on each individual facility, including but not
limited to the number of American children enrolled at the
school; an accounting of all financial assistance provided to
the school by the Department of State for the past 5 fiscal
years; threat and risk assessments; an evaluation of the
adequacy of the school's security in light of these threat and
risk assessments; and recommendations for immediate steps the
school can take, with the support of the Department, to enhance
its security posture. The conferees expect the Department to
propose a corresponding spending plan of up to $15,000,000 to
address such vulnerabilities from within the resources provided
under this account.
Consular workspace improvement initiative.--The
Department's consular mission is critical to our national
security. Consular workspace must be adequately sized and
outfitted in order to ensure that the processing of visas and
visa applicants takes place in an organized and efficient
manner. To ensure this, and to improve the overall working
environment for Consular Affairs Officers, the conferees direct
the Office of Overseas Buildings Operations [OBO] to undertake
a 3-year Consular Workspace Improvement Initiative. The
conferees are aware that, traditionally, OBO considers posts'
facilities requirements in a holistic manner, and does not
single out specific bureaus for workspace improvements.
However, the conferees are also aware of the direct link
between the quality of consular workspace and the efficiency
and accuracy of consular work. There is a pressing need for
additional consular windows and interview space, enlarged
reception and waiting areas, office space, and document storage
space. The Initiative should identify posts for consular
workspace rehabilitation where errors in visa issuance present
the greatest threat to our national security, as determined by
OBO in consultation with the Bureau of Consular Affairs. The
conferees expect construction to begin on priority projects no
later than 60 days after the enactment of this Act. The
Committee expects that up to $8,000,000 within the funds
available under this account for facilities rehabilitation may
be used for this initiative.
Marine Security Guard housing.--Marine Security Guards
are essential to the Department's ability to carry out its
mission overseas. In fiscal year 2002, the Department completed
the final phase of a multi-year effort, undertaken at the
insistence of the Committees, to address the long-neglected
capital needs of many Marine Security Guard [MSG] housing
facilities worldwide. The conferees support the Department's
new policy of incorporating MSG housing costs into the initial
cost estimates, and thus the budget requests, for overseas
construction or rehabilitation projects. The conferees note
that MSG housing costs for fiscal year 2003 are embedded within
the capital projects account.
Reprogramming Requirements.--The conferees agree that the
reprogramming requirements that have been applied in prior
years regarding programs under this heading shall continue to
apply during fiscal year 2003.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The conference agreement includes $6,500,000 to enable
the Secretary of State to meet unforeseen emergencies arising
in the Diplomatic and Consular Service. This funding level
anticipates that carryover balances from fiscal year 2002 will
be available for obligation in fiscal year 2003. Funding
provided in this account is available until expended.
The conference agreement includes a provision in the bill
that permits up to $1,000,000 to be transferred from this
account to the Repatriation Loans Program account. This
provision will ensure an adequate level of resources for loans
to American citizens through the Repatriation Loans Program
account should that account require additional funds in fiscal
year 2003 due to an unanticipated increase in the number of
loans.
This appropriation provides resources for the Department
of State to meet emergency requirements in the conduct of
foreign affairs. The Committee recommendation provides funds
for: (1) travel and subsistence expenses for relocation of
American employees of the United StatesGovernment and their
families from troubled areas to the United States and/or safe-haven
posts; (2) allowances granted to State Department employees and their
dependents evacuated to the United States for the convenience of the
Government; and (3) payment of rewards for information concerning
terrorist activities.
REPATRIATION LOANS PROGRAM ACCOUNT
The conference agreement includes $612,000 for the
subsidy cost of repatriation loans and $607,000 for
administrative costs of the program.
This account provides emergency loans to assist destitute
Americans abroad who have no other source of funds to return to
the United States.
In the past, less than 20 percent of repatriation loans
have ever been repaid. The conferees endorse efforts by
consular services to limit assistance only to victims of
unforeseen circumstances or travelers whose mental instability
presents a risk to themselves or others.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The conference agreement includes $18,450,000 for the
``Payment to the American Institute in Taiwan.'' The conference
agreement provides for the Institute's pay and inflationary
base adjustments. In addition, the Institute is authorized to
collect Machine Readable Visa fees, which are expected to
generate an additional $14,000,000 in revenues in fiscal year
2003, as well as reimbursements from agencies and user fees
from trade show exhibitors.
The conferees expect that the American Institute in
Taiwan (AIT) will cover anticipated operating expenses in
fiscal year 2003 through a combination of appropriations and
visa fee revenues, and encourages the Institute to continue to
pursue cost saving measures. The conferees expect the
Department to submit by March 31, 2003, an AIT spending plan
for fiscal year 2003, indicating the total amount of estimated
fee collections, the amount of such fee collections allocated
for operating expenses, and the total amount planned for
operating expenses from all funding sources.
The Taiwan Relations Act requires that programs
concerning Taiwan be carried out by the American Institute in
Taiwan and authorizes funds to be appropriated to the Secretary
of State to carry out the provisions of the Act. The Institute
administers programs in the areas of economic and commercial
services, cultural affairs, travel services, and logistics. The
Department of State contracts with the American Institute in
Taiwan to carry out these activities.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The conference agreement includes $138,200,000 for the
appropriation entitled ``Payment to the Foreign Service
Retirement and Disability Fund''. The amount provided in the
Committee recommendation is required to amortize the unfunded
liability in the system, as documented by the annual evaluation
of Fund balances.
International Organizations and Conferences
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The conference agreement includes a total of $866,000,000
for payment of the obligations of United States membership in
international organizations as authorized by conventions,
treaties, or specific Acts of Congress for fiscal year 2003.
The amount provided in the bill is intended to cover
anticipated assessments for membership in international
organizations, including the United Nations. In addition, the
amount provides full funding for anticipated assessments for
membership in the North Atlantic Treaty Organization and the
related North Atlantic Assembly, International War Crimes
Tribunals for Rwanda and the former Yugoslavia, the
Organization of American States, and the Pan American Health
Organization, among others.
The conference agreement is based on a upward adjustment
of the fiscal year 2003 request based on exchange rate
fluctuations, and also reflects the application of an estimated
$46,739,000 in available balances from fiscal year 2002 that
the Committee has directed the Department to apply to the
fiscal year 2003 assessment for the United Nations regular
budget.
Reassesment of U.S. Membership in International
Organizations.--The conferees note, with approval, the
Department's recent actions to formally withdraw from certain
international organizations where continued U.S. participation
was determined to be a low priority in the context of overall
U.S. national interests. The conferees continue to support the
comprehensive reassessment of U.S. membership in each of the50
international organizations for which funding is requested under this
account. The Department shall notify the Committees in advance of
taking any action to join, or rejoin any international organization.
Reform and Budget Discipline.--The conferees continue to
insist on reform and budget discipline as the highest
priorities for all of the international organizations,
including the development of processes to evaluate, prioritize
and terminate programs. The conferees believe that the onus is
on each international organization and the State Department
representatives to those organizations to reduce overall
budgets and eliminate duplicative activities, excessive
administrative costs, and inefficient operations.
United Nations Regular Budget.--As indicated, the funding
level assumes full payment of the U.S. assessment to the United
Nations (UN) regular budget, as has been provided every year
since fiscal year 1989. This assessment is estimated at
$279,327,000 for calendar year 2002. In order to assure that
the UN achieves the fiscal discipline that the Congress has
insisted upon, the Committee strongly urges the Department to
ensure that the UN takes no action to increase funding for any
program without identifying an offsetting decrease elsewhere in
the regular budget. Toward this end, the Committee expects the
Department to insist on the prioritization of ongoing UN
programs and activities, so that in the event of unanticipated
requirements, budget offsets may be taken from activities and
programs that have already been determined to be lower-priority
by the organization.
The Committee expects the Department to certify to the
Committee by March 1, 2003 that the UN has taken no action to
exceed the approved 2002-2003 budget of $2.63 billion, which is
an increase of $90 million from the previous biennium. Any
proposal to exceed this budget level should be communicated to
the Committee far in advance of the formal consideration and
adoption of such a proposal. The Department shall also report
to the Committees by April 30, 2003, describing any and all
programmatic or administrative reductions adopted in the
current UN biennial budget.
For nine of the international organizations funded under
this account, including the United Nations regular budget, the
payment of the United States assessment for a given calendar
year is deferred until the subsequent fiscal year. As a result,
United States assessment payments for membership in such
organizations are not made until the fourth quarter of the
calendar year. The conferees expect the Department to report to
the Committees by September 30, 2003, on the significance of
this practice with regard to the achievement of United States
multilateral diplomacy goals and the financial operations of
such international organizations. The report should include
recommendations, as appropriate, for addressing any negative
impacts. The report should also address any cost implications
associated with such recommendations.
OECD.--The recommended funding level includes requested
funding for future renovations to the Organization for Economic
Cooperation and Development (OECD) headquarters building in
Paris. The conferees remain concerned about the scope and cost
of this project, and the need for the United States to assume
the largest funding share for an undefined capital project in
Paris with costs that could exceed $200,000,000. The Committees
expect to review detailed plans, cost estimates, and potential
financing methods through the reprogramming process before
these funds are obligated for this project. Should the
Department experience further exchange rate losses during
fiscal year 2003, the Committees would entertain a
reprogramming of this funding toward other comparatively
higher-priority activities.
IAEA.--The conference agreement includes full funding for
the adjusted request level for anticipated assessments for the
International Atomic Energy Agency (IAEA). The conferees
recognize the importance of the role played by the IAEA in
efforts to enact stronger global measures to protect nuclear
material and facilities against potential acts of terrorism.
PAHO.--The conferees continue to support the work done by
the Pan American Health Organization (PAHO). PAHO has continued
to take the lead in health issues, including border health
concerns, emerging diseases and bio-terrorism that have an
impact on citizens of the United States and all citizens of the
Americas. The conferees encourage the Department to continue to
support PAHO's efforts.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The conference agreement includes $673,710,000 for United
States payments for Contributions for International
Peacekeeping Activities for fiscal year 2003. The conference
agreement provides for the full payment of anticipated fiscal
year 2003 assessments for United Nations peacekeeping missions.
The conferees are aware that prior year balancesof $46,000,000,
plus additional UN credits are available to offset the cost of fiscal
year 2003 assessments.
The conferees are concerned about the continuing lack of
demonstrable progress toward resolution of the Western Sahara
dispute, despite an enormous investment of funds over the past
decade in the UN's MINURSO peacekeeping mission. The conferees
urge the Department to push for a negotiated settlement to the
dispute, and to terminate the costly UN presence. MINURSO was
established to oversee a referendum and settlement program that
has failed to materialize over the past decade and which the
Secretary General and his Personal Envoy have recognized as
unworkable.
The establishment of several large, complex missions over
the past few years has tested the capacity of the U.N. to plan
and manage such operations successfully. The Brahimi report
addressed many deficiencies in U.N. peacekeeping efforts,
including problems in doctrine, strategy, decision-making,
planning, deployment, support and information technology. The
conferees support efforts to improve the performance and
efficiency of U.N. peacekeeping missions through structural and
procedural reforms. The conferees also support efforts to
better limit and focus the goals of such missions, and to set
specific benchmarks for performance and mission termination.
The conferees are concerned that clear, realistic
benchmarks be established and enforced for the performance of
the UN peacekeeping mission in the Democratic Republic of the
Congo (MONUC). The conference agreement includes funding to
cover anticipated fiscal year 2003 assessments for MONUC
totaling $273,226,000. The conferees expect the department to
consult with the Committees on Appropriations, and to submit
the required notifications, prior to any increase or mandate
change in this mission. Specifically, the conferees expect the
Department to certify that the following conditions have been
met with regard to this mission. First, firm benchmarks for
what constitutes a successful mission must be determined,
articulated, and followed. Second, the security of The
Democratic Republic of the Congo's (DROC) neighbors must be
factored in to all of MONUC's strategic and contingency
planning, and must be heavily considered in the negotiation of
a final political settlement. Third, the UN must construct an
arrangement for the withdrawal of foreign forces from the DROC
that, to the greatest degree possible, does not destabilize
DROC's neighbors. Fourth, contingency plans must be developed
and implemented for the safe withdrawal of peacekeepers in the
event of a resumption of hostilities.
The conferees are encouraged by the significant progress
made over the past year toward the establishment of peace in
Sierra Leone. The conference agreement includes full funding
for anticipated assessments for the UNAMSIL mission in Sierra
Leone. In addition, the conferees strongly support the work of
the Special Court for Sierra Leone to prosecute those who bear
the greatest responsibility for serious violations of human
rights and international law. The conferees expect the
Department to consider ways it can support, and encourage
international and private organizations to undertake new
efforts to prevent, respond to, and document crimes,
particularly crimes involving sexual violence, and violations
in West Africa and the Congo.
The conferees continue to support the efforts of the UN's
Office of Internal Oversight Services (OIOS) to identify waste,
fraud and abuse with regard to peacekeeping operations, and to
recommend specific reforms to ensure that such practices are
brought to an end. The conferees expect the Department to
provide the necessary support to ensure that the work of the
OIOS is maintained and strengthened as it relates to oversight
of peacekeeping operations.
The conference agreement also includes full funding for
anticipated assessments for the UNMISET mission in East Timor.
As East Timor begins to establish a criminal justice system,
basic social services, and professional police and defense
forces, the conferees support the continued presence and
gradual drawdown of the UN peacekeeping force.
The conferees direct the Department to resume
transmission of UN Security Council reports on peacekeeping
missions to the Committees on Appropriations.
The conference agreement includes language carried in
previous years requiring 15-day advance notice of any new or
expanded mission, together with a statement of cost, duration,
exit strategy, vital national interest, and source of funds to
pay the cost. The conference agreement also retains language
requiring certification that American manufacturers and
suppliers are provided equal procurement opportunities, and
language prohibiting the use of funds under this account for
the costs of court monitoring.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
The conference agreement includes a total of $30,932,000
for the International Boundary and Water Commission, United
States and Mexico (IBWC). The total amount provided includes
$25,482,000 for Salaries and Expenses and $5,450,000 for
construction. The conference agreement includes language
authorizing not to exceed $6,000 for representation expenses.
SALARIES AND EXPENSES
The conference agreement for the Salaries and Expenses
account includes $25,482,000. The Committee notes that
fluctuations in the Commission's operations and maintenance
budgets can result in unanticipated cost savings. Should the
Commission experience such savings, the Commission may propose,
through the section 605 reprogramming process, the use of
surplus funds for items not included in the Committee
recommendation.
CONSTRUCTION
The conference agreement for IBWC construction provides
$5,450,000 for ongoing projects including: $2,500,000 for
Boundary-wide construction and $2,950,000 for Rio Grande
construction. The conferees note that the Rio Grande American
Canal Extension project and the Colorado River project are both
currently delayed by required, and extensive, environmental
studies. No funding has been provided for those projects for
fiscal year 2003. Reallocation of funding may be proposed to
the Committees under the reprogramming procedures set forth in
section 605 of this Act.
The conferees note that the IBWC has initiated formal
negotiations with the Mexican Section of the IBWC concerning
the provision of secondary treatment to Tijuana sewage in
Mexico. The agreement that results from these negotiations will
represent a significant long-term measure to address Tijuana
sewage. The conferees are aware of concerns over the lack of
progress in this regard, and strongly encourages the IBWC to
forge a workable agreement to ensure secondary treatment of
Tijuana sewage.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The conference agreement includes a total of $9,472,000
to fund the U.S. share of expenses of the International
Boundary Commission, the International Joint Commission, United
States and Canada, and the Border Environment Cooperation
Commission for fiscal year 2003. This amount includes
$1,143,000 for the International Boundary Commission,
$6,246,000 for the International Joint Commission and
$2,083,000 for the Border Environment Cooperation Commission.
The funding level for the International Joint Commission
includes $2,294,000 for the third year costs of a five-year
study of the water regulation plan governing Lake Ontario and
the St. Lawrence River.
INTERNATIONAL FISHERIES COMMISSIONS
The conference agreement includes $17,100,000 to fund the
U.S. share of the expenses of international fisheries
commissions or related organizations, as well as the travel
expenses of the United States commissioners.
The conference agreement includes $2,100,000 for the
Inter-American Tropical Tuna Commission, $12,248,000 for the
Great Lakes Fishery Commission, $2,100,000 for the
International Pacific Halibut Commission, $90,000 for the
International Whaling Commission, $121,000 for the
International Commission for the Conservation of Atlantic
Tunas, $70,000 for the Commission for the Conservation of
Antarctic Marine Living Resources, $150,000 for the Inter-
American Sea Turtle Convention Commission, and $100,000 for
Expenses of the U.S. Commissioners. The balance of funds in
this account may be allocated, on a priority basis, to other
international fisheries commissions.
Other
PAYMENT TO THE ASIA FOUNDATION
The conference agreement includes $10,444,000 for payment
to the Asia Foundation for fiscal year 2003. The conference
agreement includes funding for enhanced Foundation programs on
human rights, higher education, democratic governance, ethnic
harmony, religious tolerance and legal/judicial reform in
Nepal, Indonesia, Afghanistan, and Pakistan. The Committee
expects the Foundation to provide a program and spending plan
for these special initiatives to the Committee by June 30,
2003.
The conferees support the Foundation's efforts to
reestablish its program and presence in Afghanistan. The
conferees encourage the Foundation to use its expertise in
developing programs to encouragewomen's political participation
in Central Asia, and specifically Afghanistan.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
The conference agreement includes an appropriation for
fiscal year 2003 of interest and earnings from the Eisenhower
Exchange Fellowship Program Trust Fund, expected to total
$500,000. The conferees recognize the important and unique role
of the Eisenhower Exchange Fellowships in the U.S. Government's
worldwide public diplomacy effort. The conferees therefore
expect that Eisenhower Exchange Fellowships, Incorporated,
(EEF) will fashion its exchange programs for fiscal year 2003
to reflect the priority within all public diplomacy programs of
building mutual understanding with Arab and Muslim populations
worldwide. In this regard, the conferees expect that the
selection of foreign and United States fellows will reflect
this priority. In addition, the conferees support a nation-
wide, merit-based recruitment and selection process for United
States Fellows.
ISRAELI ARAB SCHOLARSHIP PROGRAM
The conference agreement includes language that will
appropriate for fiscal year 2003 interest and earnings of the
Israeli Arab Scholarship Endowment Fund, expected to total
$375,000.
EAST-WEST CENTER
The conference agreement includes $18,000,000 for the
costs of maintaining and operating the East-West Center. Of the
amount provided, up to $2,500,000 is intended for one-time
costs associated with improvements to Center facilities.
NATIONAL ENDOWMENT FOR DEMOCRACY
The conference agreement includes $42,000,000 for the
National Endowment for Democracy (NED) for fiscal year 2003.
The conferees expect that funding provided will allow NED to
provide additional targeted grants to indigenous groups to
build and strengthen democratic institutions in the Muslim
world. The conference agreement also continues funding for
grants to foster Africa's dynamic democracy movements,
including groups in Sudan and the Democratic Republic of Congo.
Within funds provided under this account the conferees expect
the Endowment to increase democratization programs with
Romania.
The conferees reaffirm the role that NED plays in
strengthening democratic institutions around the world. Any
perception that funds are used to directly support a particular
party or candidate, or to support the removal of elected
leaders through unconstitutional means, undermines the
credibility and effectiveness of NED programs. The Committee
expects NED to take all necessary measures to continue to
ensure that all sponsored activities adhere to the core NED
principles.
In order to be successful in its global fight against
terrorism, the U.S. must develop a long-term response that
addresses the root causes of terrorism. This response must
include support to developing countries in the Middle East,
Africa, South and Central Asia, and other regions where
terrorism has flourished over the last decade. NED has an
established network of organizations and professionals in these
regions that work to promote democracy in ways that are
consistent with Islamic tradition. These existing networks can
be used to further the U.S.'s broader objectives in the war on
terror. The conference agreement includes $6,000,000 above the
request for programs that encourage the development of ties
with modernist Muslim groups, foster pro-democracy networks,
support independent journalism, and assist women's business
organizations. The distribution of these additional funds
should be guided by the following four goals: (1) ending
repression, permitting freedom of expression, and introducing
genuine political parties; (2) modernizing economies and, as a
consequence, reducing poverty and inequality; (3) controlling
corruption and establishing a genuine rule of law; and (4)
ending the political abuse of religion and reconciling Islam
with modern concepts of citizenship and individual rights. The
Conferees expect that this funding increase will be distributed
throughout NED's four core institutes in the same manner as
NED's core budget.
The conference agreement includes up to $1,000,000 above
current funding levels to expand a women's rights and democracy
training program for Lebanon's female Shiite educators,
students, and mothers. The conference agreement also includes
up to $2,000,000 above current funding levels for NED to
establish a program for women's rights in Afghanistan. Within
available funds, the NED should increase its support for
independent women's cultural and human rights organizations in
the Democratic Republic of Congo, Sierra Leone, Sudan, and
Nigeria and for enhanced programs in The People's Republic of
China, including Tibet, Burma, and North Korea.
The conferees expect the NED to submit to the Committees
on Appropriations a financial plan for the entire amount made
available under this heading prior to obligation.
RELATED AGENCY
Broadcasting Board of Governors International Broadcasting Operations
The conference agreement includes $468,898,000 to carry
out United States International Broadcasting Operations for
fiscal year 2003. This account funds the operating and
engineering costs of Voice of America [VOA], Radio Free Europe/
Radio Liberty [RFE/RL], Radio Free Asia [RFA], Worldnet
Television/VOA-TV, and the Broadcasting Board of Governors
[BBG]. The conference agreement provides all requested
adjustments to base for all entities funded under this account
and full requested funding to continue the Middle East Radio
Network (Radio Sawa) initiative.
Of the funds made available under this heading, $965,000
is recommended for the Office of the General Counsel.
Arabic Television.--The United States continues to face
an enormous challenge to provide the people of Arab and Muslim
countries with accurate information about our policies and
values. The conferees support the Board's efforts to expand its
ability to reach audiences in the Middle East. The conference
agreement includes up to $2,500,000 for the development of an
Arabic language television initiative in the Middle East. In
addition, the conferees are aware of prior-year recoveries in
the Broadcasting Capital Improvements account that may be used
for the development of an Arabic television initiative.
Developing quality and attractive news and entertainment Arabic
language programs should to the maximum extent possible involve
the creative talents of the private and not-for-profit sectors.
The conferees urge the Board to integrate new approaches, such
as using private and not-for-profit content providers of Arabic
broadcast programming, to more effectively engage key
audiences.
Reprogramming of Exchange Rate Gains/Other Savings.--As
in past years, the conferees expect that there will be
additional savings available to the Board, including exchange
rate gains and vacancies in funded positions. The conferees
note that the Board will have the ability to propose that
savings be used for additional requirements related to the
Arabic broadcasting initiative, broadcasting to China and North
Korea, and other emerging priority programs through the normal
reprogramming process.
Language Service Review and Research.--The conferees
continue to support the Board's efforts to objectively and
systematically review and evaluate the performance, results,
and importance of every U.S. Government-sponsored international
broadcasting language service and to propose corresponding
reallocations of funds. The conferees endorse this process as a
means to improve broadcast quality and meet emerging program
priorities within limited resources. The conferees commend the
Board for taking steps to consolidate and strengthen the
research function by establishing the Office of Performance
Review. The conferees expect that the Board will be able to
establish comprehensive performance measures and improve
coordination of programming streams across component
organizations, including the grantee organizations. The
conferees support the continuation and expansion of this effort
in fiscal year 2003. The conference agreement assumes total
funding of at least $5,000,000 for the Research function in
fiscal year 2003. The conferees strongly urge the Board to
ensure that foreign policy implications are given full
consideration before adopting language service review
recommendations. The conferees direct the Board to submit a
comprehensive report on Language Service Review results and
corresponding reallocations of funds. The conferees expect that
the continuing language service review effort may result in the
dedication of additional resources to emerging priority
programs, through the normal reprogramming process.
Africa Broadcasting.--The problem of AIDS in Africa is
ubiquitous. Radio broadcasting is an underutilized tool in the
fight against the African AIDS epidemic. Its accessibility to
even the most impoverished communities makes it an ideal way to
transmit information about the disease. Radio broadcasts could
be a major component of sustained prevention efforts undertaken
by the governments of many African countries, humanitarian
organizations, and U.S. assistance programs. The recommendation
includes up to $10,000,000 for Voice of America's Africa
Division for broadcasting to Africa. The conferees direct VOA
to incorporate AIDS education into its regular programming. VOA
is directed to report to the Committees on Appropriations on
its progress no later than 90 days after enactment of this Act.
Security of RFE/RL headquarters.--The conferees are aware
that RFE/RL and the government of the Czech Republic have
jointly developed a preliminary plan to relocate RFE/RL
headquarters from St. WenceslasSquare in Prague, the Czech
Republic, to a new and safer location. The BBG must consult with the
Committees on Appropriations on all decisions concerning a future
capital project as they relate to security. RFE/RL is directed to
report to the Committees on Appropriations on all aspects of the
relocation currently being considered. The report should explain
whether it would be desirable, from both a security and from an
economic perspective, to move RFE/RL headquarters to a location outside
of the Czech Republic. The BBG is encouraged to consider Turkey as a
possible host nation for the new RFE/RL headquarters.
Security of worldwide broadcasting facilities.--In the
post-September 11 environment, the broadcasting services no
longer have the luxury of ignoring the security of their
personnel and facilities. The Broadcasting Board of Governors
is therefore directed to develop, in consultation with the
Department of State and other relevant U.S. agencies, a 5-year
capital worldwide security plan. The plan shall be transmitted
to the Committees on Appropriations no later than July 1, 2003.
The conferees remain concerned that adequate transmission
capacity be available to support broadcasting to Iran and Iraq.
The conferees understand the Board is in the process of
identifying additional transmission capacity in the region to
support Radio Free Iraq and its new Radio Farda initiative. The
conferees direct the Board to consult with the Committees on
Appropriations as new transmission opportunities are identified
that will provide strong broadcast signals for all relevant
language services to Iran and Iraq.
Anti-jamming efforts.--The conferees continue to support
initiatives by the BBG to defeat jamming and reach a wider
audience for Radio Free Asia and Voice of America broadcasts to
China, Tibet, Vietnam, and North Korea. The conferees are aware
that new technologies may allow the VOA and RFA to more
effectively defeat jamming efforts. The conferees encourage the
Board to evaluate the usefulness of these technologies and will
entertain proposals to reprogram additional funds for anti-
jamming technologies.
The conference agreement provides funding for the
principal broadcasting entities as follows:
Voice of America.--The conference agreement provides
$154,307,000 for VOA. The conference agreement provides for
adjustments to base and requested funding to continue surge
broadcasting in Dari, Pashto, Urdu, Farsi, Arabic, Uzbek, and
Turkish. The conferees expect the Board to complete the merger
of Worldnet and VOA-TV resources. The conferees understand that
the BBG is in the process of determining final organizational
changes to complete this merger and direct the Board to submit
these proposed changes to the Committees on Appropriations in
accordance with Section 605 of this Act.
Radio Free Europe/Radio Liberty.--The conference
agreement provides the full requested amount of $73,086,000 for
RFE/RL, including the requested amounts for broadcasting to
Iran and Iraq. The conference agreements provides for
adjustments to base, including $2,423,000 to continue surge
programming in Persian, Tajik, Uzbek, Turkmen, Arabic, Kazakh,
Kyrgyz, and Azeri.
The conferees commend RFE/RL for developing programming
in Avar, Chechen, and Circassian, and for expanding
broadcasting to the Northern Caucasus. The conferees recognize
the continuing importance of reaching the isolated minorities
of the Northern Caucasus in their native languages. The Chechen
crisis is ongoing and there is still a great need in this
region for objective, uncensored information. Within the
funding provided for RFE/RL, $850,000 is for the North Caucasus
Unit.
Radio Free Asia.--The conference agreement provides the
full requested amount of $27,084,000 for RFA. This amount
includes $1,684,000 for adjustments to base, and will allow RFA
to continue its expanded schedule of broadcasting to China,
Tibet, Burma, Vietnam, North Korea, Laos, and Cambodia.
The conference agreement includes full funding for RFA to
continue daily Uyghur broadcasts. Radio Free Asia's Uyghur
broadcasts are proving successful in northwest China in spite
of top-level officials' efforts to erect a steel wall against
``hostile radio stations from abroad''.
The conferees are supportive of efforts to increase the
number of broadcast hours of both the VOA Korean and the RFA
Korea services. Within the funding made available for RFA, up
to $1,500,000 is for the Korea Service.
The BBG is directed to submit to the Committees on
Appropriations, no later than sixty days from the date of
enactment of this Act, a financial plan including a
distribution of the total resources available under this
account.
BROADCASTING TO CUBA
The conference agreement includes $24,996,000, to remain
available until expended, for Broadcasting to Cuba under a
separate account.
BROADCASTING CAPITAL IMPROVEMENTS
The conference agreement includes $12,740,000 in new
budget authority for broadcasting capital improvements. This
amount will provide for the continuation of base costs for
maintenance, improvements, replacements and repairs, digital
production capability development, and security upgrades at
transmitting stations overseas.
The Board shall continue to keep the Committees on
Appropriations informed on the status of its efforts to acquire
additional transmission capabilities in the Middle East. The
Board shall also continue to keep the Committees on
Appropriations informed regarding costs and results of the
ongoing digital conversion project.
General Provisions--Department of State and Related Agency
The conference agreement includes section 401, permitting
the use of funds for allowances, differentials and
transportation.
The conference agreement includes section 402 dealing
with transfer authority.
The conference agreement includes section 403 prohibiting
the use of funds by the Department of State or the Broadcasting
Board of Governors to provide certain assistance to the
Palestinian Broadcasting Corporation.
The conference agreement includes section 404 regarding
the recording of place of birth on certain passport
applications.
The conference agreement includes section 405 regarding a
certain land transfer.
The conference agreement includes section 406 regarding
coordination of programs to combat trafficking in persons. The
conferees have included additional guidance regarding these
programs under the ``Diplomatic and Consular Programs'' heading
in this Statement of Managers.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
MARITIME SECURITY PROGRAM
The conference agreement includes $98,700,000 for the
Maritime Security Program as proposed in both the House and
Senate.
OPERATIONS AND TRAINING
The conference agreement includes $92,696,000 for the
Maritime Administration Operations and Training account. Within
the amounts provided, $13,000,000 is for the U.S. Merchant
Marine Academy construction and maintenance.
SHIP DISPOSAL
The conference agreement includes $11,161,000 for the
disposal of obsolete vessels the National Defense Reserve Fleet
of the Maritime Administration. This program should ensure the
expeditious implementation of a pilot program for export and
disposal of obsolete vessels during fiscal year 2003. Priority
should be given to the most hazardous vessels, including those
in the James River. The conferees expect the MARAD to report
back to the Committees on Appropriations on the vessels
designated for disposal; the comparative condition of the
vessels; the proposed method of disposal, including reefing;
and the projected cost for disposal of each vessel. The
conferees urge MARAD to work with the Environmental Protection
Agency to design an environmentally sound disposal program.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
The conferees include $4,126,000 for the administrative
expenses related to this program.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
The conference agreement includes provisions involving
Government property controlled by MARAD, the accounting for
certain funds received by MARAD, and a prohibition on
obligations from the MARAD construction account.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The conference agreement includes $499,000 for the
expenses of the Commission for the Preservation of America's
Heritage Abroad. The conference agreement will allow the
Commission to fund its administrative expenses through
appropriated funds while relying on privately donated funds for
the actual purchase and restoration of property and other
project implementation purposes. The conferees encourage
current efforts to attract private funding to support the work
of the Commission.
Revolutionary War heroes--The conferees support
implementation of phase II of the foreign born revolutionary
war heroes project to the extent that private funding is
available for this purpose.
Commission on Civil Rights
SALARIES AND EXPENSES
The conference agreement includes $9,096,000 for the
salaries and expenses of the Commission on Civil Rights for
fiscal year 2003. The Commission investigates charges of
citizens being deprived of voting rights, and collects, studies
and disseminates information on the impact of Federal laws and
policies on civil rights. The Commission was established by the
Civil Rights Act of 1957 and is directed by eight part-time
commissioners. The Commission was created to protect the civil
rights of people within the U.S. and was intended to be an
independent, bipartisan, fact-finding agency. The conferees are
concerned about the present state of affairs at the Commission,
and the Commission's apparent inability to fulfill its mission.
The conferees note that recent Commission meetings have been
held without a quorum of 5 Commissioners. The conferees are
surprised by the Commission's decision to incur additional
expense to hold monthly meetings in cities other than
Washington, D.C. The Commission has stated in its budget
request and in briefings with Committees on Appropriations
staff that it may be unable to meet basic operational
requirements such as payroll processing and rent increases in
fiscal year 2003 at the budget level in the President's
request. The conferees expect the Commission to meet its
requirements in fiscal year 2003 through savings realized in
salary expenses and other operational costs, including travel
and other costs related to Commission meetings. The conferees
direct the Commission to submit, within 60 days after the
enactment of this Act, a spending plan for the costs of
conducting all Commission meetings in fiscal year 2003, making
note of any meeting the Commission plans to hold in a city
other than Washington, D.C. This spending plan shall be
submitted to the Committees on Appropriations pursuant to
section 605 of this Act.
The conference agreement includes language as included in
previous years, which provides (1) $50,000 to employ
consultants; (2) a prohibition against reimbursing
commissioners for more than 75 billable days, with the
exception of the chairwoman, who is permitted 125 billable
days; and (3) a limitation of four full-time positions under
schedule C of the Excepted Service, exclusive of one special
assistant for each commissioner.
Commission on International Religious Freedom
SALARIES AND EXPENSES
The conference agreement includes $2,884,000 for the
Commission on International Religious Freedom, the amount
identified by the Commission as necessary to carry out all
requested activities for fiscal year 2003.
The conferees note that the Commission held only three
public hearings in fiscal year 2002. As an authoritative and
unique resource on religious freedom issues, the conferees
expect the Commission to be more active in fiscal year 2003 in
holding hearings, seminars, and other events involving public
audiences. This may include holding Commission hearings and
events in locations around the United States.
Commission on Ocean Policy
SALARIES AND EXPENSES
The conference agreement includes $2,000,000 for
necessary expenses of the Commission of Ocean Policy, to remain
available until expended.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The conference agreement includes $1,582,000 for the
Commission on Security and Cooperation in Europe, the amount
identified by the Commission as necessary to carry out all
requested Commission activities for fiscal year 2003.
Congressional--Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The conference agreement includes $1,380,000 for the
Congressional-Executive Commission on the People's Republic of
China, an increase of $380,000 above the amount provided in
fiscal year 2002. Within this amount, the conference agreement
includes $3,000 to be available for the purposes of official
representation, upon the joint certification of the Chairman
and Co-Chairman.
Victims Lists Database--Of the total amounts available in
fiscal year 2003, including fiscal year 2002 carryover of
$621,813, the conferees expect that $500,000 will be used by
the Commission to develop, populate, and operate a database of
information on political and religious prisoners in China,
pursuant to section 302(b) of Public Law 106-286. The conferees
believe that a comprehensive and accessible database of
prisoners of conscience in China can be a powerful tool for
Members of Congress, the Administration, NGOs, scholars, and
the public to monitor and call attention to human rights abuses
in the People's Republic of China, including specific cases.
The conferees encourage the Commission to continue
building a staff composed of personnel with comprehensive
experience in the field of human rights, the core component of
the Commission's work. Within the amounts appropriated under
this heading, the conferees expect the Commission to strengthen
staff expertise in this area to better serve as an
authoritative voice on human rights and human rights-related
rule of law issues in China. The conferees urge that the
Commission model itself on the Helsinki Commission, which has
served as a visible and effective advocate for democratic and
human rights development in OSCE member countries since 1976.
The Congressional-Executive Commission on the People's
Republic of China was authorized as part of the United States-
China Relations Act of 2000 that established permanent normal
trade relations with China. The Commission monitors the acts of
the People's Republic of China that reflect compliance with or
violation of international human rights standards and monitors
the development of the rule of law, including the development
of democratic institutions, reform of legal procedures,
transparency of the legal system, and the establishment of an
independent judiciary.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The conference agreement includes $308,822,000 for the
salaries and expenses of the Equal Employment Opportunity
Commission (EEOC) for fiscal year 2003.
The conferees note with concern the apparent lack of
sound managerial and fiscal practices that have resulted in the
Commission's projected shortfall in fiscal year 2003. The
conferees expect the Commission to meet its requirements in
fiscal year 2003 through savings realized in salary expenses
and other operational costs.
The EEOC is directed to submit to the Committees on
Appropriations, no later than sixty days from the enactment of
this Act, a financial plan, including steps the Commission
intends to take to control costs and stay within its fiscal
year 2003 appropriation level.
The conference agreement includes language similar to
that included in previous Appropriations Acts allowing not to
exceed $33,000,000 for payments to State and local FEPAs. This
level of funding will allow the Commission to ensure that State
and local FEPAs receive a contract rate of $500 per charge. The
conferees again encourage the EEOC to use the experience the
FEPAs have in mediation, as the Commission expands its ADR
programs.
The conference agreement also includes language similar
to that included in previous Appropriations Acts allowing non-
monetary awards to private citizens, and up to $2,500 for
official reception and representation expenses.
Federal Communications Commission
SALARIES AND EXPENSES
The conference agreement includes a total budget
authority of $271,000,000 for the salaries and expenses of the
Federal Communications Commission (FCC) for fiscal year 2003,
of which $269,000,000 is to be derived from offsetting
collections, resulting in a direct appropriation of $2,000,000.
The conferees note with concern the apparent lack of
sound managerial and fiscal practices that have resulted in the
FCC exceeding its authorized full-time equivalent (FTE) level
and the consequent budget shortfall projected in fiscal year
2003. The conferees direct the FCC to consult with the
Committees on Appropriations on the Commission's plan to
control costs and remain within its fiscal year 2003
appropriation and FTE levels.
The conferees are concerned about the declining standards
of broadcast television and the impact this decline is having
on America's children. An analysis of all prime-time
programming has found that overall sexual content, foul
language and violence have tripled over the past decade. In
December 1999, the FCC issued a notice of inquiry regarding the
public interest obligations of broadcasters during and after
the transition to digital transmission. The conferees direct
the Commission to continue to report to Congress on the issues
associated with resurrecting a broadcast industry code of
conduct of programming, that if adhered to by the broadcast
industry, would protect against the further erosion of
broadcasting standards.
The conferees continue to emphasize the importance of the
FCC's commitment to the availability of high quality
communications. In addition to technical quality, the conferees
hope the Commission will continue to take steps toward carrying
out its responsibilities under Title 18 of the United States
Code, Section 1464. The conferees commend recent FCC efforts to
take a more aggressive stance in curbing an assault of obscene
matter over the airwaves while remaining cognizant of the
Constitutional rights of our citizens.
In addition, the conferees laud the recent FCC
enforcement actions against telephone companies operating ``fat
finger'' dialing scams. The conferees encourage the FCC to
continue working to make consumers aware of these scams and to
take appropriate actions against companies operating them.
Federal Maritime Commission
SALARIES AND EXPENSES
The conference agreement includes $16,700,000 for the
salaries and expenses of the Federal Maritime Commission (FMC)
for fiscal year 2003. The conferees expect that any pay and
inflationary increases shall be absorbed through hiring below
attrition and other cost-cutting measures.
The Federal Maritime Commission is directed to provide a
report to the Committees on Appropriation no later than June 1,
2003, on the Far Eastern Shipping Company's (FESCO)
participation in the Grand Alliance Agreement in providing
service in the United States-Russian Far East trade.
Specifically, the FMC should report to the Committees on
Appropriation whether or not FESCO should be reclassified as a
controlled carrier.
Federal Trade Commission
salaries and expenses
The conference agreement includes $176,608,000 for the
Federal Trade Commission (FTC), instead of $174,508,000 as
proposed by the House and $175,148,000 as proposed by the
Senate.
The conference agreement provides a $2,100,000 increase,
as requested, to address the physical security needs of the
Commission's headquarters building. The Conferees direct the
Commission to coordinate its physical security enhancements
with GSA to ensure that these upgrades are consistent with
other security upgrades being implemented throughout
Washington, D.C.
The Conferees direct the Commission to study the impact
on underage consumers of the significant expansion of new ads
for liquor-branded ``alcopops'' and report the Commission's
finding to the Committee within six months of enactment of this
Act. The Conferees are also concerned that the alcoholic-
beverage industry has not implemented all of the
recommendations of the 1999 Commission report, ``Self
Regulation and the Alcohol Industry,'' and that only one
industry member has taken action to provide for independent
review of complaints about its advertising. The Conferees urge
the Commission to encourage the industry to adopt stricter
advertising placement standards as well as establish an
independent third-party review mechanism to limit the appeal
and exposure of alcohol advertising to underage consumers and
report back to the Committees on Appropriations no later than
six months from enactment of this bill on the status of the
implementation of these recommendations and whether further
rule-making by the Commission is required.
The Conferees are aware of steps the Commission is taking
to address consumer issues of particular concern to Hispanic
Americans, including the hiring of bilingual outreach and legal
staff, as well as the increased monitoring of Spanish-language
advertisements, enforcement actions and education initiatives.
The Conferees commend the Commission for its efforts to respond
to the concerns of Hispanic Americans and encourages the
Commission to continue its efforts to render effective consumer
assistance.
The recommendation retains requested bill language
prohibiting the use of funds to implement section 151 of the
Federal Deposit Insurance Corporation Improvements Act of 1991
(FDICIA). The Conferees are concerned that the consumer
protection intent of this law may be going largely unenforced.
Further, the Conferees recognize that the Commission, who is
assigned enforcement responsibility under section 151, may not
be the appropriate Federal agency to regulate non- federally
insured depository institutions. The Conferees direct the
General Accounting Office to study enforcement of this
provision, evaluate the risk to consumers if this provision is
not enforced, and make recommendations on which Federal agency
could most effectively enforce this provision. The Conferees
expect this report to be submitted 180 days after enactment of
this Act.
The Conferees are concerned that consumers are not
adequately protected against telephone companies operating
``fat finger'' scams. The Conferees direct the Commission to
work with the Federal Communications Commission to make
consumers aware of these scams and take appropriate actions
against companies operating them.
The Commission released a report two years ago that was
very critical of the entertainment industry and their
persistent and calculated marketing of violent games, movies,
and music to children. In response to this report the
entertainment industry has promised to place tougher
regulations on itself and voluntarily comply with the report's
recommendations. The Conferees believe that the FTC should
continue and expand its efforts in this area and directs the
Commission to continue to engage in consumer research and
workshops, underage shopper-retail compliance surveys, and
marketing data collection.
The Commission is charged with monitoring compliance with
the Children's Online Privacy Protection Act. The conference
agreement ensures the agency is adequately prepared to meet the
challenges of increased fraud on the Internet and the agency's
recognition that Internet fraud is an international phenomenon
since the Internet has no borders.
The conference agreement includes additional funding and
authority to collect offsetting fees for the Commission's Do-
Not-Call initiative under its Telemarketing Sales Rule. The Do-
Not-Call initiative will establish a national database of
telephone numbers of consumers who choose not to receive
telephone solicitations from telemarketers. The Conferees
understand that the Commission has adopted, prior to enactment
of this legislation, the Do-Not-Call initiative as an amendment
to its Telemarketing Sales Rule. The Conferees further
understand that the Commission has developed a spending plan
for the Do-Not-Call initiative. The Conferees recognize that
these additional funds and fee collection authority are needed
to implement the Do-Not-Call initiative, which has received
broad support from, and will provide significant benefits to,
consumers throughout the United States.
Legal Services Corporation
Payment to the Legal Services Corporation
The conference agreement includes $338,848,000 for the
payment to the Legal Services Corporation. The Legal Services
Corporation will provide $9,500,000 in one-time grants
equitably distributed among those service areas that will
receive less funding in FY 2003 than they did in FY 2002
because of census-based reallocations.
Administrative Provision
The conference agreement includes language to continue
the terms and conditions included under this section in
previous Appropriations Acts, except that section 501(a)(1) of
Public Law 104-134 shall not apply to the use of $9,500,000.
Marine Mammal Commission
salaries and expenses
The conference agreement includes $3,050,000 for the
necessary expense of the Marine Mammal Commission. Of the
amounts provided, up to $1,000,000 is available to fund an
international conference, or series of conferences, to share
findings, survey acoustic ``threats'' to marine mammals and
develop means of reducing those threats while maintaining the
oceans as a global highway of international commerce.
NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION
The conference agreement includes $2,000,000 for the
National Veterans Business Development Corporation. The
conferees note that the Corporation's authorizing legislation
mandates that it institute a plan to raise private funds and
become a self-sustaining corporation. The conferees encourage
efforts by the Corporation to meet this goal.
Securities and Exchange Commission
salaries and expenses
The conference agreement includes $716,350,000 for the
Securities and Exchange Commission, instead of $776,000,0000 as
provided by the House and $656,700,000 as provided by the
Senate. In addition, $29,439,000 in unobligated prior year
balances previously appropriated is available to the Commission
for a fiscal year 2003 operating level of $745,789,000.
The conference agreement supports the continuation of pay
parity for the SEC's staff, adds additional staff, and provides
the funds necessary to improve the agency's monitoring systems.
The conferees expect the SEC to provide quarterly reports to
the Committees on Appropriations on the status of the
implementation of these funds and the measures it is taking to
restore the public's confidence in the financial markets.
The conferees understand the Commission plans on
receiving 700 new staff and that the majority of these new
staff would be allocated to the Divisions of Enforcement and
Corporation Finance and the agency's inspection and examination
program. The conferees require a spending plan be provided and
approved.
The inability of Commission staff to conduct data-
intensive analyses and examinations has hampered the
Commission's investigative and enforcement efforts. In
particular, the Commission has continued to struggle with the
massive inflows of paper documents received in the course of
its investigations. For this reason, the Committee
recommendation includes an increase of not less than
$47,200,000 for information technology. This funding increase
will allow for the development of a pilot document management
system and the deployment of substantially more robust
analytical tools for SEC examination staff. This increase also
will allow the Commission to undertake a requirements analysis
to determine how best to improve its corporate disclosure
review activities so that investors are provided with enhanced
protections and assurances of the validity of corporate
financial disclosures.
The recommendation funds the necessary costs of
additional security measures now required at the Commission's
new headquarters building as a result of the September 11
attack and continuing threats to Federal facilities.
Exercise of options--The Conferees continue to be
concerned that corporate insiders are enriching themselves at
the expense of the commercial enterprises and stockholders for
whom they work by exercising stock options immediately prior to
companies' financial collapse. In fact, exercising stock
options at times may actually contribute to the bankruptcy of
teetering corporations. Therefore, the Conferees recommend that
the SEC provide monthly updates regarding the exercise of stock
options by corporate officers and directors both electronically
to the Senate Appropriations Committee as well as publicly on
the Commission's Electronic, Data Gathering, Analysis, and
Retrieval system (EDGAR). Specifically, the information shall
include every corporate officer or director whose exercise of
options under section 12 of the Securities and Exchange Act
exceeds $100,000 during each 30 day reporting period. The
Committee recognizes the SEC's effort to begin making these
disclosures available electronically in fiscal 2003 and expects
the Commission to keep the Committee apprized of its progress
in this regard.
The conference agreement includes bill language, similar
to that included in previous appropriations acts, which: (1)
allows for the rental of space; (2) makes up to $3,000
available for official reception and representation expenses;
(3) makes up to $10,000 available for a permanent secretariat
for the International Organization of Securities Commissions;
and (4) makes up to $100,000 available for governmental and
regulatory officials.
SMALL BUSINESS ADMINISTRATION
The conference agreement provides a total of $736,459,000
for the four appropriations accounts of the Small Business
Administration (SBA). Detailed guidance for the four SBA
appropriation accounts is contained in the following
paragraphs.
SALARIES AND EXPENSES
The conference agreement includes $314,457,000 for the
salaries and expenses account of the SBA. Of the amount
provided under this heading, $176,882,000 is for operating
expenses of the SBA. In addition, a total of $138,854,000 from
other SBA accounts may be transferred to and merged with the
salaries and expenses account for indirect operating costs.
This amount consists of $129,000,000 from the Business Loans
Program account and $9,854,000 from the Disaster Loans Program
account for the administrative expenses related to those
accounts. The conferees also anticipate that the SBA will have
an additional $3,000,000 in fee receipts available for
operating expenses. This will result in a total availability of
$318,736,000 for the operating expenses of the SBA, an increase
of $15,400,000 above the comparable fiscal year 2002 amount.
In addition, the conference agreement includes language
under the Disaster Loans Program account providing that
$108,000,000 of the amount provided for administrative expenses
may be transferred to and merged with the salaries and expenses
account for the direct administrative costs of disaster loan
making and servicing.
The conference agreement includes requested language
authorizing $3,500 for official reception and representation
expenses, as well as language authorizing the SBA to charge
fees to cover the cost of publications and certain loan
servicing activities. The language also permits revenues
received from all such activities to be credited to the
salaries and expenses account to be available for carrying out
these purposes without further appropriations. The conference
agreement includes the full amount requested for Low
Documentation Processing Centers.
The conferees support efforts by the SBA to examine and
implement organizational changes, both in Washington, DC and in
the field, that result in greater operational efficiencies,
cost savings, and improved delivery of SBA services to small
businesses nationwide and look forward to the submission of
subsequent detailed workforce transformation plans.
The conference agreement does not include requested
language allowing the SBA to retain up to $3,000,000 of
increased collections of delinquent debt for qualified
expenses.
Systems Modernization--The conferees note that
$32,000,000 has been appropriated for systems modernization at
the SBA over the past four years, including funding for the
loan monitoring system (LMS) and the joint accounting and
administrative management system project (JAAMS). The conferees
remain concerned about the lack of progress by the SBA in
delivering tangible and timely systems improvements. The
conferees expect that the SBA will use remaining balances
obligated to FEDSIM in prior fiscal years for priority systems
projects, including core LMS acquisitions, implementation of
phase II of JAAMS, or effective alternatives that bring about
meaningful systems improvements. Systems modernization
expenditures during fiscal year 2003 from funds provided in
previous fiscal years shall be subject to the submission of
project spending plans through the reprogramming process in
accordance with section 605 of this Act.
Non-Credit Programs--The conference agreement includes
the following for the non-credit programs of the SBA:
Regulatory Fairness Boards/National Ombudsman........... 500,000
Advocacy Research....................................... 1,100,000
Veterans Programs....................................... 750,000
BusinessLINC............................................ 2,000,000
7(j) Technical Assistance Programs...................... 1,500,000
Small Business Development Centers...................... 89,000,000
SCORE................................................... 5,000,000
Women's Business Centers................................ 12,500,000
Women's Business Council................................ 750,000
Native American Outreach................................ 2,000,000
Drug-free Workplace Program............................. 2,000,000
Business Information Centers............................ 475,000
Microloan Technical Assistance.......................... 15,000,000
PRIME Technical Assistance.............................. 5,000,000
--------------------------------------------------------
____________________________________________________
Total, non-credit initiatives....................... 137,575,000
Funding for any non-credit program not listed above shall
be subject to the availability of funds and will be considered
by the Committee on Appropriations in accordance with the
section 605 of this Act.
Of the amounts provided for the Small Business
Development Center (SBDC) program, $2,000,000 is to continue
the SBDC defense transition program and $1,000,000 is for a
regulatory compliance simplification program to increase
coordination of environmental, Occupational Health and Safety
Administration and Internal Revenue Service compliance
requirements and to avoid duplication among programs for
compliance assistance to small businesses. The conferees
believe that the Small Business Development Centers provide
useful services to small businesses nationwide. Federal funding
constitutes the seed funding for this program, which is
leveraged by State, local and private funds.
The conferees expect that within the overall amount
provided under this account, full funding will be provided for
the operations of the Office of Advocacy, to include $1,100,000
for Advocacy Research. The conferees direct the Office of
Advocacy to document and report to the Committees on
Appropriations by September 30, 2003 the number of small
businesses owned by people with disabilities served by SBA
credit and non-credit programs.
The conference agreement includes $2,000,000 to continue
funding for a drug-free workplace demonstration program to
provide technical assistance to small business concerns seeking
to start a drug-free workplace program.
The conference agreement includes $1,500,000 for SBA's
7(j) Technical Assistance programs. Within this amount, funding
is provided to continue executive education programs and
programs to help small businesses adapt to a paperless
procurement environment. Funding is also provided to continue
minority enterprise development week activities. The conferees
expect that the remaining balance of 7(j) funds will be awarded
through the grants solicitation process.
The conference agreement includes $2,000,000 for a Native
American initiative. The conferees expect that this initiative
will assist small business and economic development only in the
most disadvantaged tribal areas. The conferees realize that not
all Native American tribes, particularly those in remote areas
experiencing severe economic hardship, may be aware of this and
other SBA programs. The conferees expect the SBA to develop a
strong outreach capacity with this initiative to ensure that
underserved Native American tribes have the opportunity to
participate in this program and other SBA non-credit and loan
programs. The conferees direct the SBA to submit a spending
plan for this initiative by April 30, 2003, through the regular
reprogramming process.
Finally, the conferees direct the SBA to submit a report
to the Committees on Appropriations no later than March 31,
2003 listing all personnel reassignments and lateral personnel
actions executed at the GS-15 and senior executive service
career civil service levels, over the past three fiscal years.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $12,422,000 for the
Office of Inspector General of the Small Business
Administration. The conference agreement assumes that, as in
fiscal year 2002, the appropriation under this heading will be
supplemented by an additional $500,000, which may be
transferred to this account, from the administrative expenses
of the Disaster Loans Program account for oversight costs
related to that program. The conference agreement includes
resources for continued oversight of SBA's business loan
portfolio and SBA's administration of the 7(a) and disaster
loan programs and non-credit programs. The conferees expect the
office to report on its progress in reviewing and auditing the
agency's financial management systems.
BUSINESS LOANS PROGRAM ACCOUNT
The conference agreement includes $218,086,000 under this
account, consisting of: $85,360,000 for the Business Loans
Program account for subsidies for guaranteed business loans;
$3,726,000 for subsidies for direct business loans; and
$129,000,000 for administrative expenses related to business
loan programs. The amount provided for administrative expenses
may be transferred to and merged with the appropriation for SBA
salaries and expenses to cover the common overhead expenses
associated with business loans. In addition, the conference
agreement includes a provision, also carried in previous years,
which allows up to $45,000,000 to remain available for two
fiscal years.
7(a) Business Loan Program--The SBA 7(a) Business Loan
Program serves as an important source of capital for America's
small businesses. Each year, 40,000 or more small business
concerns, who cannot obtain comparable credit elsewhere, turn
to the 7(a) program for critical financing. The conferees have
been concerned throughout the fiscal year 2003 budget process
that the requested amount of $85,360,000 for 7(a) budget
authority would not provide for a credible business loan
program level for fiscal year 2003, absent a correction to the
SBA's subsidy rate calculation. Further, the conferees note
that schemes put forth by the SBA in the budget request to
offset the shortfall in the 7(a) Business Loan program never
materialized, including high carryover balance estimates. As a
result, the SBA has depended on solutions predicated on the
enactment of separate authorization and appropriation measures
to achieve an adequate program level. In 2001, the GAO
estimated that on a cumulative basis since 1992, the SBA
overestimated the cost of the 7(a) program by approximately
$958 million using inflated subsidy rate calculations, similar
to those used for fiscal year 2003. The conferees understand
that during fiscal year 2002, the SBA and the Office of
Management and Budget developed a new econometric model to
address flaws in the subsidy rate methodology to more
accurately estimate defaults for the 7(a) Loan Program. The
conferees support a recalculation of the 7(a) subsidy rate
using this new econometric method in fiscal year 2003. In
addition, the conferees direct the SBA to develop similar, more
accurate econometric models during this fiscal year for use in
other SBA loan and financing programs, especially the 504 Loan
Program. The conferees expect the SBA to put forward credible
program proposals for the 7(a) Business Loan Program account in
future fiscal years.
7(a) Business Loan Cap--Beginning October 1, 2002, the
SBA imposed a $500,000 cap on the maximum loan size of 7(a)
business loans with the justification that funding under any
fiscal year 2003 continuing resolution would limit the amount
of available funds for 7(a) and require the SBA to limit the
size of individual loans. The conference agreement includes the
requested amount of new budget authority for the 7(a) Loan
Program for fiscal year 2003. The conferees therefore expect
that, upon enactment of this Act, the SBA will remove the 7(a)
loan cap or submit a written justification to the Committees on
Appropriations and the Small Business Committees as to the
necessity of such a cap.
The conferees support the participation of credit unions
as authorized lenders for the guaranteed loan programs of the
SBA, in accordance with the Small Business Act, as amended, and
State and Federal regulatory requirements.
DISASTER LOANS PROGRAM ACCOUNT
The conference agreement includes $191,494,000 for the
Disaster Loans Program Account for loan subsidies and
associated administrative expenses. The conference agreement
includes new budget authority of $73,140,000 for the subsidy
costs of disaster loans, which when combined with estimated
recoveries and balances of $38,806,000 will provide for a loan
program level of over $800,000,000, which represents an average
annual disaster loan program level.
The conference agreement includes $118,354,000 for
administrative expenses of carrying out the program, which may
be transferred to and merged with appropriations for salaries
and expenses. The conference agreement includes language
specifying that, of the amount provided for administrative
expenses, $108,000,000 is for the direct administrative
expenses of loan making and loan servicing, and $9,854,000 is
for indirect administrative expenses. The conference agreement
also includes language requiring that any amount in excess of
$9,854,000 transferred to the salaries and expenses account for
indirect administrative expenses shall be subject to
reprogramming requirements, as detailed under section 605. In
addition, the conference agreement retains language
transferring $500,000 of the amount provided for administrative
expenses to the Office of Inspector General for audits and
reviews of the disaster loan portfolio.
State Justice Institute
SALARIES AND EXPENSES
The conference agreement provides $3,000,000 for the
State Justice Institute (SJI), as proposed by the House instead
of $3,100,000 as proposed by the Senate.
The SJI is a private, non-governmental organization,
which awards grants to improve the administration of justice in
State courts. In addition to grants provided by SJI, State
courts are also eligible to receive funding from many Office of
Justice Programs' accounts such as the Byrne Formula program,
Drug Courts, Criminal Identification Technology Act programs,
Southwest Border Prosecutor Initiative, the Gun Violence
Reduction Program, Juvenile Accountability Incentive Block
Grant Program, Criminal Records Upgrade programs, Child Abuse
Training for Judicial Personnel and Practitioners, Closed-
Circuit Televising of Testimony for Children, and Violence
Against Women--STOP Grants.
The fiscal year 2002 Conference Report recommended
discontinuing Federal funding for this program in fiscal year
2003 and encouraged SJI to solicit private donations and
resources from State and local agencies. The Conferees
understand that the Institute has not been successful in its
efforts to obtain non-Federal funds and has therefore included
$3,000,000 to keep SJI operating. The Conferees encourage SJI
to continue to solicit donations in order to fund its programs
including asking for support from State, local and national bar
associations. The Committees on Appropriations have received
many letters of support for SJI from these organizations and
State court judges. The Conferees feel that the bar
associations and the States, who are the beneficiaries of SJI's
work, should contribute to funding its programs.
TITLE VI--GENERAL PROVISIONS
The conference agreement includes the following General
Provisions:
Sec. 601.--The conference agreement includes section 601
regarding the use of appropriations for publicity and
propaganda purposes.
Sec. 602.--The conference agreement includes section 602
regarding the availability of appropriations for obligation
beyond the current fiscal year.
Sec. 603.--The conference agreement includes section 603
regarding the use of funds for consulting purposes.
Sec. 604.--The conference agreement includes section 604
providing that should any provision of the Act be held to be
invalid, the remainder of the Act would not be affected.
Sec. 605.--The conference agreement includes section 605
regarding the policy by which funding available to the agencies
funded under this Act may be reprogrammed for other purposes.
Sec. 606.--The conference agreement includes section 606
regarding the construction, repair, or modification of National
Oceanic and Atmospheric Administration vessels in overseas
shipyards.
Sec. 607.--The conference agreement includes section 607
regarding the purchase of American made products.
Sec. 608.--The conference agreement includes section 608
prohibiting funds in the bill from being used to implement,
administer, or enforce any guidelines of the Equal Employment
Opportunity Commission (EEOC) similar to proposed guidelines
covering harassment based on religion published by the EEOC in
October 1993.
Sec. 609.--The conference agreement includes section 609
prohibiting the use of funds for any United Nations
peacekeeping mission that involves U.S. Armed Forces under the
command or operational control of a foreign national unless the
President certifies that the involvement is in the national
security interest.
Sec. 610.--The conference agreement includes section 610
that prohibits use of funds to expand the U.S. diplomatic
presence in Vietnam beyond the level in effect July 11, 1995,
unless the President makes a certification that several
conditions have been met regarding Vietnam's cooperation with
the United States on POW/MIA issues.
Sec. 611.--The conference agreement includes section 611
prohibiting any use of funds to implement a certain Memorandum
of Agreement between the Federal Trade Commission and the
Antitrust Division of the Department of Justice.
Sec. 612.--The conference agreement includes section 612
requiring agencies and departments funded in this Act to absorb
any necessary costs related to downsizing or consolidation
within the amounts provided to the agency or department.
Sec. 613.--The conference agreement includes section 613
limiting funding under the Local Law Enforcement Block Grant to
90 percent to an entity that does not provide public safety
officers injured in the line of duty, and as a result separated
or retired from their jobs, with health insurance benefits
equal to the insurance they received while on duty.
Sec. 614.--The conference agreement includes section 614
that permanently prohibits funds provided in this Act from
being used to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, provided
such restrictions are applied equally to all tobacco or tobacco
products of the same type. This provision is not intended to
impact routine international trade services provided to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Sec. 615.--The conference agreement includes section 615
extending the prohibition on the use of funds to issue a visa
to any alien involved in extrajudicial and political killings
in Haiti, including exemption and reporting requirements.
Sec. 616.--The conference agreement includes section 616
that prohibits a user fee from being charged for background
checks conducted pursuant to the Brady Handgun Control Act of
1993, and prohibits implementation of a background check system
which does not require or result in destruction of certain
information.
Sec. 617.--The conference agreement includes section 617
regarding amounts available under the Crime Victims Fund.
Sec. 618.--The conference agreement includes section 618
prohibiting the use of Department of Justice funds for programs
that discriminate against, denigrate, or otherwise undermine
the religious beliefs of students participating in such
programs.
Sec. 619.--The conference agreement includes section 619
prohibiting the use of funds appropriated or otherwise made
available to the departments of State and Justice to process
visas for citizens of countries that the Attorney General has
determined deny or delay accepting the return of deported
citizens.
Sec. 620.--The conference agreement includes section 620
prohibiting the use of Department of Justice funds to transport
a maximum or high security prisoner to any facility other than
a facility certified by the Bureau of Prisons as appropriately
secure to house such a prisoner.
Sec. 621.--The conference agreement includes section 621
that prohibits the use of appropriated funds to purchase
certain audio-visual materials to be used by Federal prisoners
for primarily recreational purposes.
Sec. 622.--The conference agreement includes section 622
regarding transfers of funds.
Sec. 623.--The conference agreement includes section 623
regarding the implementation of telecommuting programs.
Sec. 624.--The conference agreement includes section 624
making funds appropriated for a certain loan program available
for the general 7(a) Business Loan Program.
Sec. 625.--The conference agreement includes section 625
providing additional amounts for the Small Business
Administration Salaries and Expenses account for certain
initiatives.
Sec. 626.--The conference agreement includes section 626
regarding the transfer of funds for an intermodal marine
facility for the Port of Anchorage to the Maritime
Administration.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
WORKING CAPITAL FUND
(RESCISSION)
The conference agreement includes a rescission of
$78,000,000 from unobligated balances under this heading.
Legal Activities
ASSETS FORFEITURE FUND
(RESCISSION)
The conference agreement includes a rescission of
$50,874,000 from unobligated balances under this heading.
Immigration and Naturalization Service
IMMIGRATION EMERGENCY FUND
(RESCISSION)
The conference agreement includes a rescission of
$580,000 from unobligated balances under this heading.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
COASTAL IMPACT ASSISTANCE
(RESCISSION)
The conference agreement includes a rescission of
$7,000,000 from unobligated balances under this heading.
Departmental Management
EMERGENCY OIL AND GAS GUARANTEED LOAN PROGRAM ACCOUNT
(RESCISSION)
The conference agreement includes a rescission of
$920,000 from unobligated balances under this heading.
RELATED AGENCIES
Federal Communications Commission
SALARIES AND EXPENSES
(RESCISSION)
The conference agreement includes a rescission of
$5,700,000 from unobligated balances under this heading. The
conferees agree that this rescission represents an amount
available in prior year excess fee collections.
Small Business Administration
SALARIES AND EXPENSES
(RESCISSION)
The conference agreement includes a rescission of
$13,750,000 from unobligated balances under this heading. The
conferees agree that this rescission represents unobligated
balances remaining from appropriations for New Markets
Technical Assistance.
BUSINESS LOANS PROGRAM ACCOUNT
(RESCISSION)
The conference agreement includes a rescission of
$10,500,000 from unobligated balances under this heading. The
conferees agree that this rescission represents unobligated
balances remaining from appropriations for the New Markets
Venture Capital Program.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2003 recommended by the Committee of Conference,
with comparisons to the fiscal year 2002 amount, the 2003
budget estimates, and the House and Senate bills for 2003
follow:
[in thousands of dollars]
New budget (obligational) authority, fiscal year 2002... $44,601,829
Budget estimates of new (obligational) authority, fiscal
year 2003........................................... 44,019,021
House bill, fiscal year 2003............................ 44,352,872
Senate bill, fiscal year 2003........................... 44,939,792
Conference agreement, fiscal year 2003.................. 44,773,730
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2002.............................................. +171,901
Budget estimates of new (obligational) authority,
fiscal year 2003.................................. +754,709
House bill, fiscal year 2003........................ +420,858
Senate bill, fiscal year 2003....................... -166,062
DIVISION C
District of Columbia Appropriations, 2003
In implementing this agreement, the Departments and
agencies should comply with the language and instructions set
forth in House Report 107-716 and the Senate explanatory
statement as delineated in the Congressional Record of January
15, 2003, pages S469 through S492, that are not changed by the
conference are approved by the committee of conference.
In the case where the language and instructions
specifically address the allocation of funds, the Departments
and agencies are to follow the funding levels specified in the
Congressional budget justifications accompanying the fiscal
year 2003 budget or the underlying authorizing statute and
should give full consideration to all items, including items
allocating specific funding included in the House report and
the Senate explanatory statement. With respect to the
provisions in the House report and the Senate explanatory
statement that specifically allocate funds, each has been
reviewed and those which are jointly concurred in have been
included in this joint statement.
A summary chart appears later in this statement showing
the Federal appropriations by account, the fiscal year 2003
request, the House and Senate recommendations, and the
conference allowance.
The District of Columbia Appropriations Act, 2003, put in
place by this bill, incorporates the following agreements of
the managers:
TITLE I--FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
The conference agreement includes $17,000,000 for a
Federal payment for resident tuition support as proposed by
both the House and Senate.
Language was included in the District of Columbia
Appropriations Act, 2002 requiring the Resident Tuition Support
Program Office and the Office of the Chief Financial Officer to
provide quarterly reports to the Committees on Appropriations
of the House of Representatives and Senate on the use of
resident tuition support funds by object class. The conferees
are concerned that these reports have not been forthcoming. The
conferees have included this reporting requirement again in the
fiscal year 2003 appropriations bill and expect the Chief
Financial Officer to submit these reports in a timely manner.
The conferees request that the Chief Financial Officer include
with the quarterly report due March 31, 2003, a second report
reviewing the program, by quarter and in summary, since its
inception.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
The conference agreement includes $15,000,000 for a
Federal payment for emergency planning and security costs in
the District of Columbia as proposed by both the House and
Senate. These funds are to reimburse the District for overtime
expenses related to providing security at events related to
Federal government activities and for costs of providing
support to respond to immediate and specific terrorist threats
or attacks in the District of Columbia.
The agreement includes a provision as proposed by the
House to provide that this funding is available only after
notice of its proposed use has been transmitted by the
President to the Congress and such amount has been apportioned
pursuant to chapter 15 of title 31, U.S.C. The Senate bill
included a provision to require the Chief Financial Officer to
submit a report, within 15 days of an expenditure, to the
President and the Committees on Appropriations of the House of
Representatives and Senate detailing the expenditure of funds
for public safety purposes.
The agreement also includes a modified provision to
require that the Office of Management and Budget, in
consultation with the United States Park Police, National Park
Service, Secret Service, Federal Bureau of Investigation,
United States Protective Service, 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 on the steps each agency will
take to improve aesthetic the appearance of security measures
no later than April 11, 2003. The Senate bill included a
similar provision, but required the report no later than
February 5, 2003. The House had no similar provision.
FEDERAL PAYMENT FOR HOSPITAL BIOTERRORISM PREPAREDNESS IN THE DISTRICT
OF COLUMBIA
The conference agreement includes $10,000,000 for a
Federal payment for hospital bioterrorism preparedness in the
District of Columbia as proposed by the Senate. The House had
no similar provision. Of this amount, $5,000,000 is for the
expansion of quarantine facilities and the establishment of a
decontamination facility at Children's National Medical Center
and $5,000,000 is for construction of containment facilities at
the Washington Hospital Center.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
The conference agreement includes $161,943,000 for a
Federal payment to the District of Columbia courts, instead of
$160,545,000 as proposed by the House, and $166,193,000 as
proposed by the Senate. Included in this amount is $1,500,000
above the President's request for the Integrated Justice
Information System as proposed by both the House and Senate.
The agreement includes a provision as proposed by the
Senate to allow the District of Columbia courts to reallocate
not more than $1,000,000 of the funds provided under this
heading among items and entities funded under this heading 30
days after providing written notification to the Committees on
Appropriations of the House of Representatives and Senate. The
House had no similar provision.
The agreement also includes a provision proposed by the
Senate to exempt the District of Columbia courts from violating
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, on the use of interest earned on the Federal
payment provided in the 1998 appropriations Act during fiscal
year 1998. The House had no similar provision.
The conference agreement does not include funding or
contract authority for guardian ad litem representation as
proposed by the Senate under this heading. The House had no
similar provisions. These provisions are addressed under
Defender Services.
DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
The conference agreement includes $17,100,000 for
Defender Services in District of Columbia courts. In addition,
the conferees direct Defender Services to use $16,400,000 of
unobligated balances to provide a total program level of
$33,500,000, instead of $32,000,000 as proposed by the House,
and $34,000,000 as proposed by the Senate. Defender Services is
currently carrying an unobligated balance of $20,673,000. The
conferees understand that costs in this program have
historically been difficult to predict and there is a need to
carryover some unobligated balances from year to year to ensure
adequate financing of representation for vulnerable children
and families and indigent defendants. However, the conferees
believe the courts need to develop a better way of tracking
these costs and request a preliminary report on how to achieve
this goal no later than April 30, 2003.
The conference agreement includes $1,500,000 to provide
guardians ad litem to abused and neglected children in the
District of Columbia Family Court. The agreement also includes
language to allow the courts to enter into contractual
agreements to provide guardian ad litem representation,
training, technical assistance, and/or other services to
improve the quality of guardian ad litem representation,
including infrastructure development, as necessary. The
conferees urge the courts to enter into these agreements with
entities that have expertise in representing abused and
neglected children, child welfare, adoption, guardianship,
special education, and domestic violence.
The agreement does not include a provision as proposed by
the House to allow unobligated funds from previous years to be
used toward the portion of the amount under this heading which
is attributable to increases in the maximum amounts which may
be paid for representation services in the District of Columbia
courts. The Senate bill contained no similar provision.
The agreement does not include a provision as proposed by
the Senate to provide an increase in the hourly rate of
defender services attorneys from $65 per hour to $75 per hour
in fiscal year 2003 and from $75 per hour to $90 per hour in
fiscal year 2004. The House contained no similar provision.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
The conference agreement includes $154,707,000 for a
Federal payment to the court services and offender supervision
agency for the District of Columbia as proposed by both the
House and Senate.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA DEPARTMENT OF
TRANSPORTATION
The conference agreement includes $1,000,000 for a
Federal payment to the District of Columbia Department of
Transportation as proposed by both the House and Senate.
FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER OF THE DISTRICT OF
COLUMBIA
The conference agreement includes $40,300,000 for a
Federal payment to the Chief Financial Officer of the District
of Columbia, instead of $23,450,000 as proposed by the House,
and $15,000,000 as proposed by the Senate. These funds are for
programs and activities to support economic development and
infrastructure in the District and the health, education, and
job training needs of District residents and are to be
allocated as follows: $50,000 for the American University Women
& Politics Institute to contribute to the annual National
Education for Women Leadership D.C. Program; $100,000 for
Project Reality to implement the Game Plan abstinence education
program in the District of Columbia public schools; $100,000 to
Friends of Fort Dupont to restore and upgrade unused Fort
Dupont baseball fields; $100,000 to the Association for the
Preservation of Historic Congressional Cemetery for repairs and
renovations, including the cemetery's fence and the Public
Vault; $150,000 to the Capital Children's Museum to conduct a
feasibility study of the proposed southwest waterfront site for
a relocated museum in Washington, D.C.; $150,000 for KidBiz
3000 for a reading comprehension, fluency, and vocabulary
program; $200,000 to the National Maritime Heritage Foundation
to establish the National Maritime Heritage Program to create
maritime education focused on youth training and tourism
promotion initiatives in Washington, D.C.; $250,000 for Values
First, Inc. to continue to implement a values infusion program
in the District of Columbia public schools; $250,000 to the
Best Friends Foundation to provide a youth development program
to District of Columbia youth; $250,000 to the National Music
Center and Museum Foundation for a program to use the
performing and visual arts as teaching and learning tools in
the District of Columbia Public Education System; $250,000 to
the National Council of Negro Women, Inc. for renovations at
633 Pennsylvania Avenue; $250,000 for the Washington Opera
Education and Community Program to enhance classroom learning
in District of Columbia Public Schools through music education
and with the D.C. Arts Humanities Education Collaborative;
$250,000 for the Washington Lab School to continue the
development of methodologies for teaching individuals with
learning disabilities; $250,000 for the Congressional Glaucoma
Caucus Foundation to provide glaucoma screenings in low-income
District of Columbia neighborhoods; $250,000 for the Perry
School Community Services Center to expand its job and career
training programs to poor individuals in the District; $275,000
for the DC Safe Kids Coalition to provide a child occupant
protection program and to operate a child safety seat fitting
station; $300,000 to the International Youth Service and
Development Corps for the Washington, D.C. Mentoring Friends
Program and the People's House Hotline; $300,000 to the Public
Access Corporation of the District of Columbia for the Future
Producers Program; $300,000 to the Criminal Justice
Coordinating Council for the District of Columbia; $300,000 for
the Washington Jesuit Academy to provide hardware and software
to equip the Technology Innovation and Learning Lab; $350,000
to the National Center for Manufacturing Sciences for a
partnership with the Excel Institute to develop a job training
program for District residents; $400,000 to the Excel Institute
Adult Education Program for construction; $400,000 for the
Close-Up Foundation Capital Connection Program to provide a
multi-year civic education residential program for 10th grade
students in District of Columbia Public Schools; $400,000 for
Teach for America, DC, to recruit and train qualified college
graduates to teach in understaffed and low-performing schools;
$500,000 to the Historical Society of Washington for capital
improvements to the City Museum; $500,000 to the United Negro
College Fund Special Programs for a study on how the District
of Columbia Public School System could improve the educational
performance and achievement of its students; $500,000 to the
American Cities Foundation to collect national data and
disseminate information to District entities on innovative
approaches to the delivery of K-12 education; $500,000 to the
Innovative Emergency Management, Inc. to assist the Emergency
Management Office in developing an evacuation plan for the
District of Columbia; $500,000 to the University of New Orleans
Center for Hazards Assessment and the George Washington
University Institute for Crisis, Disaster and Risk Management
to assist the District in city security and emergency
preparedness; $500,000 to the Capitol City Career Development
and Training Partnership to provide job training and career
development services to District residents; $500,000 to the
Washington Center on Best Practices for assistance to and
promotion of early education awareness programs; $500,000 to
the Caribbean American Mission for Education Research and
Action to support the Mission's efforts to build linkages
betweenCaribbean educational entities and District of Columbia
and other regional higher education institutions for the purposes of
sharing of U.S. expertise in educational methodologies; $500,000 for
Community Youth Connection to expand its mentoring to disadvantaged
students; $500,000 to the Metropolitan Council of Governments' District
of Columbia Area Housing Trust Fund for development, rehabilitation,
and construction of affordable housing in the Washington region;
$500,000 to the Milton Eisenhower Foundation to expand the Carver
Terrace initiative and add another safe-haven mini-station in the
District; $500,000 to the Good Samaritan Foundation to acquire and
renovate a building to expand outreach and mentoring services to at-
risk District of Columbia youths; $500,000 to Reach for Tomorrow to
support a program that takes a multi-dimensional approach to working
with middle school students in the District of Columbia; $500,000 to
the District of Columbia Metropolitan Police Department for Secures
demonstration project with the Washington, D.C. Metropolitan Police
Department to evaluate the effectiveness and technical utility of an
automated gunshot detection system; $500,000 to the Institute for
Responsible Fatherhood to expand capacity to provide home-based
counseling, education, training, and related services to low-income
fathers and their families; $600,000 to Second Chance Employment
Services to increase capacity to provide additional job training
opportunities for at-risk and low-income women in the District of
Columbia; $1,000,000 to Real World Schools to further develop and
implement advanced technology curriculum models and learning reforms
for secondary education in the District of Columbia Public Schools;
$1,000,000 to the Whitman-Walker Clinic for infrastructure
improvements; $1,000,000 to the Metropolitan Washington Council of
Governments to support the Regional Incident Communication and
Coordination System; $1,000,000 to the Council of Court Excellence to
continue ongoing independent oversight, which will include an annual
report to Congress on implementation of the District of Columbia Family
Court Act of 2000 and the Adoption and Safe Families Act of 1997;
$1,000,000 to Green Door to renovate its clinic and community center to
provide additional services to District of Columbia residents with
severe mental illnesses; $1,000,000 to continue demonstration of the
``Active Cap'' river cleanup technology on the Anacostia River which
immobilizes river sediment contaminants and treats them in place;
$1,225,000 to Covenant House for construction of a new Community
Service Center at Covenant House in S.E. Washington, D.C.; $1,250,000
to the Excel Institute for operations in equal quarterly installments
within 15 days of the beginning of each quarter; $2,000,000 to the
National Center for Manufacturing Sciences for civil infrastructure
vulnerability assessment and implementation of resulting protection
profiles; $2,000,000 for Voyager Expanded Learning to implement the
Voyager Universal Literacy System throughout all District of Columbia
Public School kindergarten and 1st grade classes; $2,000,000 to the
SEED Foundation Charter School, the only urban public boarding school
in the nation, for construction of the Academic Center; $2,000,000 to
St. Coletta of Greater Washington, Inc. for property acquisition and
construction of a facility to provide services for mentally retarded
and multiple-handicapped adolescents and adults in the District of
Columbia; $2,350,000 to the National Trust for Historic Preservation to
restore the Lincoln Cottage and to create interpretive programs and
exhibits at the site; $2,500,000 to the Canal Park Development
Association for development of a park on 2nd Street between I Street
and M Street in Southeast Washington; and $5,000,000 to Children's
National Medical Center in the District of Columbia for capital and
equipment improvements.
The conference agreement includes a modified provision to
require each entity that receives funding under this heading to
submit to the Committees on Appropriations of the House of
Representatives and Senate, a report on the activities carried
out with such funds by April 30, 2003. The House had a similar
provision, but required the report no later than February 15,
2003. The Senate bill contained no similar provision.
FEDERAL PAYMENT FOR WATERFRONT IMPROVEMENTS
The conference agreement includes $2,800,000 to continue
improvements on the historic Potomac Southwest Waterfront,
including rebuilding the docks, instead of $1,000,000 as
proposed by the House. The Senate bill contained no similar
provision.
The agreement also requires the District of Columbia
Department of Housing and Community Development to report on
the activities carried out with these funds by April 30, 2003.
The House had a similar provision, but required the report no
later than February 15, 2003. The Senate bill contained no
similar provision.
FEDERAL PAYMENT FOR ASBESTOS REMEDIATION
The conference agreement includes $1,000,000 to reimburse
Fairfax County, Virginia for remediation of asbestos on the
former site of the Lorton Correctional Complex as proposed by
the House. The Senate bill contained no similar provision.
The agreement also requires the General Services
Administration to report on the activities carried out with
these funds by April 30, 2003. The House had a similar
provision, but required the report no later than February 15,
2003. The Senate bill contained no similar provision.
FEDERAL PAYMENT TO THE FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT
The conference agreement includes $2,000,000 to repair,
renovate, and rehabilitate fire stations in need of capital
improvements as proposed by the House. The Senate bill
contained no similar provision.
The agreement also requires the District of Columbia Fire
and Emergency Medical Services Department to report on the
activities carried out with these funds by April 30, 2003. The
House had a similar provision, but required the report no later
than February 15, 2003. The Senate bill contained no similar
provision.
FEDERAL PAYMENT FOR SPECIAL EDUCATION
The conference agreement includes $3,000,000 to establish
special education satellite facilities in the District of
Columbia. The House proposed $14,000,000 for a Federal payment
for special education, including $5,000,000 for transportation
services and $9,000,000 for satellite facilities. The Senate
bill contained no similar provision.
The conferees are concerned about the increasing costs of
delivering services to special education students. Several
factors are responsible for these increases, many of which are
interrelated, such as the increase in the special education
population and the number of non-public placements. The
conferees commend the Mayor and the Board of Education for
their efforts to begin to reform the special education system
in the District. A Special Education Task Force that was
recently established has adopted and presented to the Mayor a
Special Education Cost Savings Plan that has been certified by
the Chief Financial Officer. The conferees are supportive of
these efforts and concur with the District's fiscal year 2003
budget submission to dedicate $27,000,000 in local funds for
special education reform. In addition, the conferees provide
$3,000,000 in Federal funds to create additional campuses that
will provide all special education students who live in the
District with the opportunity to receive a public education in
their own city. The conferees will continue to monitor the
efforts of the District to reform the special education system.
FEDERAL PAYMENT FOR THE FAMILY LITERACY PROGRAM
The conference agreement includes $4,000,000 for the
family literacy program as proposed by the Senate, instead of
$5,000,000 as proposed by the House.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
The conference agreement includes $50,000,000 for a
Federal payment to the District of Columbia Water and Sewer
Authority for the Combined Sewer Overflow Long-Term Plan, as
proposed by both the House and Senate. The agreement also
includes a provision that the Water and Sewer Authority provide
a 100 percent match for the fiscal year 2003 Federal
contribution, as proposed by the Senate. The House had a
similar provision, but required the match to be made in fiscal
year 2003.
FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT INITIATIVE IN THE DISTRICT
OF COLUMBIA
The conference agreement includes $5,000,000 for
implementation of the Anacostia Waterfront Initiative as
proposed by the Senate. The House had no similar provision.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR CAPITAL DEVELOPMENT
The conference agreement includes $10,150,000 for a
Federal payment to the District of Columbia for capital
development, instead of $24,298,000 as proposed by the House,
and $13,100,000 as proposed by the Senate. Included in this
amount is $150,000 for renovations at Eastern Market as
proposed by the House, instead of $100,000 as proposed by the
Senate. Also included in this amount is $10,000,000 for the
Unified Communications Center as proposed by the Senate,
instead of $19,148,000 as proposed by the House.
The agreement does not include funding for the forensic
laboratory. The House had $5,000,000 and the Senate bill
contained $3,000,000 for this project. The District estimates
the total cost of construction to be $75,000,000 over three
years. The conferees note that the District's capital budget
does not include local funding dedicated to this project. While
the conferees are supportive of the project, there are not
sufficient Federal funds available for it in fiscal year 2003.
The conference agreement includes a provision to make
these funds available until expended as proposed by the House.
The Senate bill contained no similar provision.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR PUBLIC CHARTER SCHOOL
FACILITIES
The conference agreement includes $17,000,000 for a
Federal payment to the District of Columbia for development of
public charter school facilities, instead of $16,000,000 as
proposed by the House, and $20,000,000 as proposed by the
Senate. Included in this amount is $4,000,000 to supplement the
per pupil facilities allocation, $5,000,000 for the Direct Loan
Fund for Charter School Improvement, and $8,000,000 for the
Credit Enhancement Revolving Fund. The House provided
$16,000,000 for the Credit Enhancement Revolving Fund while the
Senate bill included $1,000,000 for the Office of Charter
School Financing and Support, $4,000,000 for the Per Pupil
Allocation, $5,000,000 for the Credit Enhancement Fund for
Public Charter Schools, and $10,000,000 for the Direct Loan
Fund for Charter School Improvement. The per pupil facilities
allocation will establish a minimum allocation of $1,500 per
charter school pupil.
TITLE II--DISTRICT OF COLUMBIA FUNDS OPERATING EXPENSES
DIVISION OF EXPENSES
The conference agreement provides that operating expenses
for the District of Columbia for fiscal year 2003 shall not
exceed $6,294,522,000, of which $1,712,498,000 is from Federal
funds, instead of $6,434,709,000, of which $1,770,948,000 is
from Federal funds as proposed by the House, and
$6,433,359,000, of which $1,824,578,000 is from Federal funds,
as proposed by the Senate. The changes in the amounts reflect
the revised budget submitted pursuant to Sec. 138 of H.R. 5521
of the 107th Congress, as reported by the Committee on
Appropriations of the House of Representatives and actions
taken by the conferees in the funding levels under the various
appropriation headings.
GOVERNMENTAL DIRECTION AND SUPPORT
The conference agreement includes $307,173,000 for
governmental direction and support, including $207,971,000 from
local funds, $80,854,000 from Federal funds, and $18,348,000
from other funds, instead of $303,586,000, including
$225,234,000 from local funds, $60,004,000 from Federal funds,
and $18,348,000 from other funds as proposed by the House, and
$295,136,000, including $225,234,000 from local funds,
$51,554,000 from Federal funds, and $18,348,000 from other
funds as proposed by the Senate.
Office of the Mayor--The conference agreement includes
$4,000,000 from Federal funds appropriated earlier in this Act
for the family literacy program.
Office of the Chief Financial Officer--The conference
agreement includes $40,300,000 from Federal funds appropriated
earlier in this Act for programs and activities to support
economic development and infrastructure in the District and the
health, education, and job training needs of District
residents.
ECONOMIC DEVELOPMENT AND REGULATION
The conference agreement includes $244,358,000 for
economic development and support, including $56,872,000 from
local funds, $97,796,000 from Federal funds, and $89,690,000
from other funds, instead of $258,539,000, including
$64,553,000 from local funds, $97,796,000 from Federal funds,
and $96,190,000 from other funds as proposed by both the House
and Senate.
The conference agreement earmarks $725,000 for the
Development of Employment Services as proposed by the House,
instead of $725,400 as proposed by the Senate.
PUBLIC SAFETY AND JUSTICE
The conference agreement includes $622,531,000 for public
safety and justice, including $602,678,000 from local funds,
$11,329,000 from Federal funds, and $8,524,000 from other
funds, instead of $639,892,000, including $620,039,000 from
local funds, $11,329,000 from Federal funds, and $8,524,000
from other funds as proposed by both the House and Senate.
PUBLIC EDUCATION SYSTEM
The conference agreement includes $1,206,169,000 for the
public education system, including $939,174,000 from local
funds, $208,470,000 from Federal funds, $31,525,000 from other
funds, and $27,000,000 from the Medicaid and Special Education
Reform Fund, instead of $1,257,201,000, including $980,206,000
from local funds, $218,470,000 from Federal funds, $31,525,000
from other funds, and $27,000,000 from the Medicaid and Special
Education Reform Fund as proposed by the House, and
$1,220,201,000, including $980,206,000 from local funds,
$208,870,000 from Federal funds, and $31,525,000 from other
funds as proposed by the Senate.
District of Columbia Public Schools--The allocation
includes $902,936,000 for District of Columbia public schools,
including $713,494,000 from local funds, $150,800,000 from
Federal funds, $11,642,000 from other funds, and $27,000,000
from the Medicaid and Special Education Reform Fund, instead of
$944,157,000, including $743,715,000 from local funds,
$161,800,000 from Federal funds, $11,642,000 from other funds,
and $27,000,000 from the Medicaid and Special Education Reform
Fund as proposed by the House, and $903,157,000, including
$743,715,000 from local funds, $147,800,000 from Federal funds,
and $11,642,000 from other funds as proposed by the Senate.
The conference agreement includes $3,000,000 from Federal
funds appropriated earlier in this Act to establish special
education satellite facilities in the District of Columbia.
State Education Office--The allocation includes
$49,687,000 for the State education office, including
$22,594,000 from local funds, $26,917,000 from Federal funds,
and $176,000 from other funds as proposed by both the House and
Senate.
District of Columbia Public Charter Schools--The
allocation includes $142,711,000 for District of Columbia
public charter schools, including $125,711,000 from local funds
and $17,000,000 from Federal funds, instead of $148,865,000,
including $132,865,000 from local funds and $16,000,000 from
Federal funds as proposed by the House, and $132,865,000 from
local funds as proposed by the Senate.
The conference agreement includes $17,000,000 from
Federal funds appropriated earlier in this Act for public
charter school facilities development.
University of the District of Columbia--The allocation
includes $81,180,000 for the University of the District of
Columbia, including $49,462,000 from local funds, $12,668,000
from Federal funds, and $19,050,000 from other funds, instead
of $83,990,000, including $52,272,000 from local funds,
$12,668,000 from Federal funds, and $19,050,000 from other
funds as proposed by both the House and Senate.
District of Columbia Public Libraries--The allocation
includes $27,363,000 for District of Columbia public libraries,
including $26,216,000 from local funds, $610,000 from Federal
funds, and $537,000 from other funds, instead of $28,150,000,
including $27,003,000 from local funds, $610,000 from Federal
funds, and $537,000 from other funds as proposed by both the
House and Senate.
Commission on the Arts and Humanities--The allocation
includes $2,292,000 for the commission on the arts and
humanities, including $1,697,000 from local funds, $475,000
from Federal funds, and $120,000 from other funds, instead of
$2,352,000, including $1,757,000 from local funds, $475,000
from Federal funds, and $120,000 from other funds as proposed
by both the House and Senate.
HUMAN SUPPORT SERVICES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $2,451,818,000 for
human support services, 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, instead of $2,474,297,000, including
$1,019,763,000 from local funds, $1,378,680,000 from Federal
funds, $52,987,000 from other funds, and $22,867,000 from the
Medicaid and Special Education Reform Fund as proposed by the
House, and $2,500,297,000, including $1,069,630,000 from local
funds, $1,377,680,000 from Federal funds, and $52,987,000 from
other funds as proposed by the Senate.
PUBLIC WORKS
The conference agreement includes $320,357,000 for public
works, including $304,363,000 from local funds, $5,669,000 from
Federal funds, and $10,325,000 from other funds, instead of
$324,828,000, including $309,824,000 from local funds,
$4,669,000 from Federal funds, and $10,325,000 from other funds
as proposed by both the House and Senate.
The conference agreement includes $1,000,000 from Federal
funds appropriated earlier in this Act to implement
transportation systems management initiatives and strategies.
RESERVE
The conference agreement includes $70,000,000 for the
reserve from local funds as proposed by both the House and
Senate.
REPAYMENT OF LOANS AND INTEREST
The conference agreement includes $260,951,000 for
repayment of loans and interest from local funds, instead of
$267,451,000 from local funds as proposed by both the House and
Senate.
REPAYMENT OF GENERAL FUND RECOVERY DEBT
The conference agreement includes $39,300,000 for
repayment of general fund recovery debt from local funds as
proposed by both the House and Senate.
PAYMENT OF INTEREST ON SHORT-TERM BORROWING
The conference agreement includes $1,000,000 for payment
of interest on short-term borrowing from local funds as
proposed by both the House and Senate.
CERTIFICATES OF PARTICIPATION
The conference agreement includes $7,950,000 for
certificates of participation from local funds as proposed by
both the House and Senate.
SETTLEMENTS AND JUDGMENTS
The conference agreement includes $22,822,000 for
settlements and judgments from local funds as proposed by both
the House and Senate.
WILSON BUILDING
The conference agreement includes $4,194,000 for the
Wilson building from local funds as proposed by both the House
and Senate.
WORKFORCE INVESTMENTS
The conference agreement includes $48,186,000 for
workforce investments from local funds, instead of $54,186,000
from local funds as proposed by both the House and Senate.
TOBACCO SETTLEMENT TRUST FUND
In November 1998, the District, 46 state governments and
other jurisdictions signed the agreement, ending a four-year
legal battle over medical treatment costs incurred for smoking-
related illnesses. Under the settlement, the tobacco companies
are scheduled to pay $253 billion over 25 or more years. The
receiving governments may use the funds for any purpose
including issuance of revenue bonds.
In fiscal year 2001, the District securitized its
settlement payments in exchange for a lump-sum payment to repay
existing long-term debt and thereby generating relief from that
debt service. In fiscal year 2003, $49,867,430 in savings will
be achieved. Of this amount $49,867,000 will be placed into the
District's Medicaid and Special Education Reform fund
established by D.C. Law 14-190. These funds shall remain
available until expended. From this fund, $27,000,000 will be
made available to the District's Public Education System and
$22,867,000 will be made available to the District's Human
Support Services to fund Medicaid and special education reform
activities within the District. These funds will ensure that
adequate resources are available to support District-wide
Medicaid costs.
NON-DEPARTMENTAL AGENCY
The conference agreement includes $5,799,000 for the non-
Department agency from local funds as proposed by both the
House and Senate.
EMERGENCY PLANNING AND SECURITY COSTS
The conference agreement includes $15,000,000 for
emergency planning and security costs from Federal funds
appropriated earlier in this Act as proposed by both the House
and Senate.
ENTERPRISE AND OTHER FUNDS
WATER AND SEWER AUTHORITY
The conference agreement includes $253,743,000 for the
water and sewer authority from other funds as proposed by both
the House and Senate.
WASHINGTON AQUEDUCT
The conference agreement includes $57,847,000 for the
Washington aqueduct from other funds as proposed by both the
House and Senate.
STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND
The conference agreement includes $3,100,000 for the
stormwater permit compliance enterprise funds from other funds
as proposed by both the House and Senate.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
The conference agreement includes $232,881,000 for the
lottery and charitable games enterprise fund from other funds
as proposed by both the House and Senate.
SPORTS AND ENTERTAINMENT COMMISSION
The conference agreement includes $20,510,000 for the
sports and entertainment commission, including $5,000,000 from
Federal funds appropriated earlier in this Act for
implementation of the Anacostia Waterfront Initiative and
$15,510,000 from other funds as proposed by the Senate, instead
of $15,510,000 from other funds as proposed by the House.
The conferees note that the District of Columbia has
developed plans for the design and construction of a Regional
Sports Complex at Kenilworth Park, NE., Washington, D.C., a
portion of which is owned by the National Park Service. The
site, an area of approximately 50 acres, was a District
landfill until the late 1960's when the landfill was capped.
The National Park Service has conducted a Preliminary
Assessment/Site Investigation and a Remedial Investigation/
Feasibility Study at the site. The latter study is in draft and
has been coordinated with the District and the Environmental
Protection Agency (EPA) Region III. As a result of regulatory
reviews, the District has requested a Human Health Risk
Assessment from the Centers for Disease Control and Prevention
and the EPA Region III has extensive comments that will result
in further investigations and require at least a year or more
to complete.
The conferees urge the District of Columbia, specifically
the D.C. Department of Recreation and D.C. Sports and
Entertainment Commission to work with the National Park Service
to develop a land use plan for the development of Kenilworth
Park that could be implemented in conjunction with remediation
and report the results of that effort to the Committees on
Appropriations of the House of Representatives and Senate no
later than six months after enactment. The conferees recognize
that before any plan can be implemented for this site, the
environmental investigations and subsequent remediation will
have to be completed.
DISTRICT OF COLUMBIA RETIREMENT BOARD
The conference agreement includes $13,388,000 for the
District of Columbia retirement board from other funds as
proposed by both the House and Senate.
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
The conference agreement includes $78,700,000 for the
Washington convention center enterprise fund from other funds
as proposed by both the House and Senate.
NATIONAL CAPITAL REVITALIZATION CORPORATION
The conference agreement includes $6,745,000 for the
National capital revitalization corporation from other funds as
proposed by both the House and Senate.
CAPITAL OUTLAYS
(INCLUDING RESCISSIONS)
The conference agreement includes $671,020,000 for
capital outlays, including $555,097,000 from local funds,
$48,132,000 from Highway Trust funds, $321,782,000 from Federal
funds, and a rescission of $253,991,000 from local funds
appropriated under this heading in prior years, instead of
$666,367,780, including $538,096,996 from local funds,
$48,131,855 from Highway Trust funds, $334,130,057 from Federal
funds, and a rescission of $253,991,128 from local funds
appropriated under this heading in prior years as proposed by
the House, and $981,527,780, including a rescission of
$253,991,128 from local funds appropriated under this heading
in prior years as proposed by the Senate.
The conference agreement includes $2,000,000 from Federal
funds appropriated earlier in this Act to repair, renovate, and
rehabilitate fire stations in need of capital improvements;
$2,800,000 from Federal funds appropriated earlier in this Act
to continue improvements on the historic Potomac Southwest
Waterfront; and $10,150,000 from Federal funds appropriated
earlier in this Act for capital development, of which $150,000
is for renovations at Eastern Market and $10,000,000 is for the
Unified Communications Center. The conferees request that a
report on the activities carried out with these funds be
submitted to the Committees on Appropriations of the House of
Representatives and Senate by April 30, 2003.
TITLE III--GENERAL PROVISIONS
The conference agreement changes several section numbers
for sequential purposes and makes technical revisions to
several provisions.
The conference agreement retains Sec. 105 as proposed by
the Senate. The House proposed to make this section permanent
law.
The conference agreement makes Sec. 108 permanent law as
proposed by the House. The Senate bill contained no similar
provision.
The conference agreement amends Sec. 112 to require the
Mayor report to the Committees on Appropriations of the House
of Representatives and Senate, as well as the Council, the new
fiscal year 2003 revenue estimates as proposed by the House.
The Senate bill contained no similar provision.
The conference agreement retains Sec. 113 as proposed by
the Senate. The House proposed to make this section permanent
law.
The conference agreement amends Sec. 120(b) to require
the Chief Financial Officer of the District of Columbia to
submit, by March 1, 2003, an inventory of all vehicles owned,
leased or operated by the D.C. government. The House had a
similar provision, but required the inventory by November 15,
2002. The Senate bill also contained a similar provision, but
required the inventory by February 5, 2003.
The conference agreement includes Sec. 124 as proposed by
the House to prohibit the use of any funds contained in this
act for needle exchange programs. The Senate bill included a
provision to prohibit the use of Federal funds contained in
this Act for needle exchange programs.
The conference agreement amends Sec. 129 to require the
Mayor to address access to substance and alcohol abuse
treatment and consult with District of Columbia Public Schools
and District of Columbia public charter schools on education
reporting as proposed by the House. The Senate bill contained a
similar provision, but it addressed only drug abuse treatment
and required consultation with District of Columbia Public
Schools only.
The conference agreement includes Sec. 130 to require a
revised appropriated funds operating budget no later than 30
calendar days after the date of enactment of this Act as
proposed by the Senate. The House had a similar provision, but
required the revised operating budget no later than 30 days
after date of enactment of this Act.
The conference agreement includes Sec. 132 to prohibit
any Federal funds in this Act from being transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to authority in an appropriations
Act as proposed by the House. The Senate bill contained no
similar provision.
The conference agreement includes Sec. 133 to allow the
District government to pay the settlement or judgment of a
claim or lawsuit in an amount less than $10,000 as proposed by
the Senate. The House had no similar provision.
The conference agreement includes Sec. 137 to allow local
funds appropriated under this Act to be available for use by
the Office of Labor Relations and Collective Bargaining to
reimburse the cost of providing representation as proposed by
the House. The Senate bill contained a similar provision, but
allowed all funds appropriated under this Act to be used for
this purpose.
The conference agreement includes Sec. 138 to amend the
United States Code and the D.C. Code to allow District of
Columbia court employees to participate in the Federal long-
term care insurance program as proposed by the Senate. The
House had no similar provision.
The conference agreement includes Sec. 139 to transfer
$560,000 of funds made available to the District of Columbia
courts in the fiscal year 2002 appropriations Act to the
District of Columbia Child and Family Services Agency for child
abuse services as proposed by the Senate. The House had no
similar provision.
The conference agreement amends Sec. 140 to require a
report from the Comptroller General no later than June 2, 2003
providing a detailed analysis of the national effort to
establish adequate charter school facilities, including a
comparison of the efforts in the District of Columbia. The
Senate bill contained a similar provision, but required the
report no later than April 1, 2003. The House had no similar
provision.
The conference agreement includes Sec. 141 to require the
Mayor and Council to conduct an assessment of all buildings
currently held in surplus and those that might be made
available within one year of the date of enactment of this Act
as well as a plan for occupying at least 50 percent of the
space available at the time the report is submitted, which is
within 180 days of enactment as proposed by the Senate. The
House had no similar provision.
The conference agreement includes Sec. 142 to require the
Mayor to establish and fulfill specific performance measures in
administering funds provided under the heading ``Federal
Payment for Incentives for Adoption of Children,'' in Public
Law 106-113 as proposed by the Senate. The House had no similar
provision. The conferees are concerned that funds provided in
1999 to the District of Columbia government to promote the
adoption of children have yet to be expended. The conferees
supported the extension of the availability of funds in 2000
and the expansion of the purpose for which the funds may be
used in 2001. However, the funds have still not met their
original intent, to increase adoption of children in the foster
care system in the District of Columbia. The District of
Columbia shall submit quarterly reports on the expenditure of
these funds and the implementation of the performance measures
to the Committees on Appropriations of the House of
Representatives and Senate.
The conference agreement includes Sec. 143 to establish
an Office of Public Charter School Financing and Support and a
Direct Loan Fund for Charter School Improvement within the
District of Columbia as proposed by the Senate. The House had
no similar provision.
The conference agreement includes Sec. 146 to amend the
District of Columbia School Reform Act of 1995 to establish a
Charter School Fund and transfer $5,000,000 from this fund into
the credit enhancement revolving fund as proposed by the
Senate. The House had no similar provision.
The conference agreement includes Sec. 144 as proposed by
the Senate to prohibit the use of any funds in this Act to pay
the fees of an attorney who represents a party in an action or
any attorney who defends any action, including an
administrative proceeding, brought against the District of
Columbia Public Schools under the Individuals with Disabilities
in Education Act in excess of $4,000 for that action or to pay
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. The House has no similar provision.
The conference agreement includes Sec. 145 as proposed by
the Senate to require attorneys in special education cases
brought under the Individuals with Disabilities in Education
Act (IDEA) to: certify in writing that the attorney rendered
any and all services for which they receive rewards; require
all attorneys in IDEA cases to disclose any financial,
corporate, legal, membership on boards of directors, or other
relationships with any special education diagnostic services,
schools, or other special education service providers to which
attorneys have referred any clients; require the Chief
Financial Officer of the District of Columbia to prepare and
submit quarterly reports on the certification of and the amount
paid by the District of Columbia government, including the
District of Columbia Public Schools, to attorneys in cases
brought under IDEA; and allow the Inspector General of the
District of Columbia to conduct investigations to determine the
accuracy of the certifications. The House had no similar
provision.
The conference agreement does not include a provision as
proposed by the Senate to require District of Columbia Public
Schools to conduct the evaluation and, if necessary, place the
student in an appropriate program of special education services
120 days from the time a student is referred for evaluation or
assessment. The House had no similar provision.
The conference agreement does not include a provision to
prohibit any person or entity that violates the Buy American
Act from receiving funds appropriated in this Act as proposed
by the Senate. The House had no similar provision.
The conference agreement does not include a provision to
amend the District of Columbia Home Rule Act to conform deposit
dates of the emergency and contingency reserve funds as
proposed by the House. The Senate bill contained no similar
provision.
The conference agreement does not include a provision to
require the District of Columbia to submit a revised financial
plan and budget for the District government for fiscal year
2003 not later than October 2, 2002 as proposed by the House.
The Senate bill contained no similar provision.
Conference Total--With Comparisions
The total new budget (obligational) authority for the
fiscal year 2003 recommended by the Committee of Conference,
with comparisons to the fiscal year 2002 amount, the 2003
budget estimates, and the House and Senate bills for 2003
follow:
New budget (obligational) authority, fiscal year 2002... $607,415
Budget estimates of new (obligational) authority, fiscal
year 2003........................................... 378,752
House bill, fiscal year 2003............................ 517,000
Senate bill, fiscal year 2003........................... 512,000
Conference agreement, fiscal year 2003.................. 512,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2002.............................................. -95,415
Budget estimates of new (obligational) authority,
fiscal year 2003.................................. +133,248
House bill, fiscal year 2003........................ -5,000
Senate bill, fiscal year 2003....................... --
DIVISION D
Energy and Water Development Appropriations, 2003
The language and allocations set forth in House Report
107-681 and the Senate explanatory statement as delineated in
the Congressional Record of January 15, 2003, pages S492
through S546, should be complied with unless specifically
addressed to the contrary in the conference report and
statement of the managers. Such language should be considered
approved by the committee of conference. The statement of the
managers, while repeating some report language for emphasis,
does not intend to negate the language referred to above unless
expressly provided herein. In cases where both the House report
and Senate explanatory statement address a particular issue not
specifically addressed in the conference report or joint
statement of managers, the conferees have determined that the
House report and Senate explanatory statement are not
inconsistent and are to be interpreted accordingly. In cases in
which the House or Senate have directed the submission of a
report, such report is to be submitted to both House and Senate
Committees on Appropriations.
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables at the end of this title set forth the
conference agreement with respect to the individual
appropriations, programs, and activities of the Corps of
Engineers. Additional items of the conference agreement are
discussed below.
The conferees remain concerned about the huge and
increasing backlog of infrastructure development, maintenance,
and repair over which the Corps of Engineers has jurisdiction.
The Administration's proposed fiscal year 2003 budget would
have caused the backlog of unconstructed projects to increase
from $40,000,000,000 to $44,000,000,000, and ignores an
accelerating critical maintenance backlog which would increase
from $702,000,000 to $884,000,000. This maintenance backlog
will soon become entirely unmanageable under the weight of an
aging and crumbling inventory. Proposing no new studies and
only one new construction start, under funding ongoing
projects, and providing minimal operation and maintenance
funding for completed projects leads the conferees to believe
that the budget request may have been influenced by very narrow
interest groups rather than the needs of the country. In the
face of such an irresponsible position, the Congress has no
option but to step forward in support of these vital projects.
The conferees are concerned that Corps of Engineers
technical and planning capabilities have diminished over the
past decade. This diminished capability has been evident in
recent studies, such as the Upper Mississippi and Illinois
Waterway Navigation Study and the Delaware River Deepening
project. The conferees urge the Corps of Engineers to review
ways in which it can improve its capability, including
concentrating its technical and planning expertise in regional
centers. The Corps should report back to the House and Senate
Appropriations Committees within one year on its findings.
GENERAL INVESTIGATIONS
The conference agreement appropriates $135,019,000 for
General Investigations instead of $143,680,000 as proposed by
the House and $148,304,000 as proposed by the Senate.
The conference agreement includes $1,000,000 for the Napa
River Salt Marsh Restoration project in California, $900,000 to
complete the feasibility study, and $100,000 to initiate
preconstruction engineering and design.
The conference agreement does not include funds for the
Port of Stockton, California, study proposed by the House.
Funds for this work are included in the amount provided for the
San Francisco Bay to Stockton, California, project in the
Construction, General, account.
The conference agreement includes $3,073,000 for the
Corps of Engineers to complete the feasibility study and
initiate preconstruction engineering and design for the
Sacramento and San Joaquin Comprehensive Basin study in
California.
The conference agreement does not include funds in this
account for the Treatment of Dredged Material from Long Island
Sound, Connecticut, project. Funds for the project are included
in the Operation and Maintenance, General, account.
The conference agreement includes $500,000 for the Corps
of Engineers to perform a General Reevaluation Report for the
Federal navigation project at St. Petersburg Harbor, Florida.
The conferees have provided $450,000 for the Chesapeake
Bay Shoreline Erosion, Maryland, Virginia, and Pennsylvania,
study, including $100,000 to initiate the shoreline erosion
portion of the feasibility study.
The conference agreement includes $1,500,000 for the
Great Lakes Navigation System study. The conferees have
included language in the bill allowing the Secretary, in
pursuing this study, to partner with, and accept contributions
from, the St. Lawrence Seaway Development Corporation and
agents of the government of Canada. The conferees understand
the need for an evaluation of the existing physical structures
of the St. Lawrence Seaway to ensure the future viability of
the system. However, the conferees are concerned about the
scope of the ongoing study, primarily with respect to the
environmental impact on the Seaway system as a whole and the
St. Lawrence River in particular. Any significant disruption of
the delicate balance of the St. Lawrence/Great Lakes ecosystem
could have a detrimental impact on critical habitats and
adversely affect the region's critical recreation, commercial
and tourism industries. The conferees direct the Corps of
Engineers to take into consideration the recreational,
commercial, environmental and tourism impacts of any changes to
the Great Lakes Ecosystem, including impacts to the St.
Lawrence Seaway as the Corps conducts its Great Lakes
Navigation System study.
The conference agreement includes $150,000 for the Corps
of Engineers to continue shoreline monitoring and undertake
other preconstruction engineering and design activities for the
Manteo (Shallowbag) Bay, North Carolina, project. The conferees
are aware that there are significant issues that remain to be
resolved before this project can proceed to construction.
The conference agreement includes $800,000 for the
Mahoning River Environmental Dredging, Ohio and Pennsylvania,
study, including $100,000 to study the need for environmental
dredging of the Mahoning River within the State of
Pennsylvania.
The conferees have provided $200,000 for continuation of
the riverfront project in Cincinnati, Ohio. The conferees
understand that the City has accelerated the planning and
design of the project using non-Federal funds. It is the sense
of the conference that these funds should be counted toward any
non-Federal cost-sharing requirement. Therefore, the funding
provided is to be used for assistance with the development of
design and environmental compliance documentation.
The conferees have provided $650,000 for the Walla Walla
River Watershed, Oregon and Washington, study, including
$100,000 for the Corps of Engineers to work with the Walla
Walla Watershed Alliance to investigate restoration of riparian
habitat and river flow improvements in the basin.
The conference agreement includes $1,800,000 for the
Upper Trinity River Basin, Texas, study, including $300,000 for
the Dallas Floodway portion of the project and funds to
continue the Trinity Visions project.
The conference agreement includes $4,500,000 for the
Coastal Field Data Collection Program, including $1,000,000 for
the Southern California Beach Processes study, and $1,000,000
for hurricane evaluation studies in the State of Hawaii and
U.S. Territories.
The conferees have provided $8,000,000 for the Flood
Plain Management Services program. Within the funds provided,
the conferees expect the Corps of Engineers to carry out the
work described in the House Report and Senate Explanatory
Statement, including $1,000,000 to continue the foundational
geographic information system for flood plain management in
East Baton Rouge Parish in Louisiana.
The conference agreement includes $5,250,000 for Other
Coordination Programs. Within the amount provided, the
conferees direct the Corps of Engineers to undertake the
activities described in the Senate Explanatory Statement.
The conference agreement includes $6,500,000 for the
Planning Assistance to States program. Within the funds
provided, the conferees expect the Corps of Engineers to
undertake the activities described in the House Report and
Senate Explanatory Statement except for the work described in
the House Report for Gwinnett County, Georgia, and the work in
Alaska described in the Senate Explanatory Statement, which has
been funded under the Tribal Partnership Program authorized by
section 203 of the Water Resources Development Act of 2000. In
addition, the conference agreement includes $300,000 for the
statewide watershed management assessment for the State of
Alabama.
Within the amount provided for Research and Development,
$2,000,000 is provided for innovative technology demonstrations
for urban flooding and channel restoration. The conferees
encourage the Corps of Engineers to cooperate with the Urban
Water Research Program of the Desert Research Institute of
Nevada in carrying out these demonstrations. In addition,
$500,000 is provided for submerged aquatic vegetation research
as described in the Senate Explanatory Statement.
The conferees have agreed to include language in the bill
proposed by the House related to the Southwest Valley Flood
Damage Reduction study in New Mexico.
The conference agreement deletes language proposed by the
House regarding the water resources needs of the central Gulf
Coast area.
CONSTRUCTION, GENERAL
The conference agreement appropriates $1,756,012,000 for
Construction, General instead of $1,831,030,000 as proposed by
the House and $1,636,602,000 as proposed by the Senate.
In the process of arriving at the agreed-upon
distribution of funding, the conferees were aware of, and took
into consideration, the effects on the capability of the Corps
of Engineers to execute its fiscal year 2003 program of having
functioned for nearly half the year under a series of
continuing resolutions. Recognition of the restrictions
associated with this mode of operation, and their inevitable
impact, compelled the conferees to make several changes from
the program that would have been enacted earlier.
The conference agreement includes $19,000,000 for the
Corps of Engineers to continue construction of the Rio Salado
project in Arizona.
The conference agreement includes $2,000,000 for the
Sacramento Area, California, project for the Corps of Engineers
to carry out the activities described in the House Report.
The conference agreement includes $1,800,000 for the San
Francisco Bay to Stockton, California, project, including funds
for continuation of the General Reevaluation Reports on the
Avon Turning Basin and the minimal deepening of San Francisco
Bay to the Port of Stockton.
The conference agreement includes $2,000,000 for the Tule
River, California, Success Reservoir enlargement project. The
conferees direct the Corps of Engineers to include the
additional rock protection required on the approaches to the
State Route 190 bridge as a project cost.
The conferees have included $2,000,000 for the Broward
County, Florida, project, including $300,000 for the Corps of
Engineers to prepare a General Reevaluation Report for
implementation of Segment I of the project.
The amount provided for the Jacksonville Harbor, Florida,
project includes $500,000 for the Corps of Engineers to
complete plans and specifications for the proposed extension of
the channel and initiate a General Reevaluation Report
regarding further improvements.
The conference agreement includes $2,500,000 for the Palm
Beach County, Florida, project for activities described in the
House Report.
The conferees have provided $3,000,000 for a portion of
the Federal share of the costs of the Estero and Gasparilla
segments of the Lee County, Florida, shore protection project.
The conferees are aware that section 312 of the Water Resources
Development Act of 1999 directed the Secretary to carry out the
Captiva Island segment of the Lee County project in accordance
with section 206 of the Water Resources Development Act of
1992; and also that section 309 of the Water Resources
Development Act of 2000 authorized the Secretary to carry out
the Estero and Gasparilla segments of the same project in
accordance with section 206 of the Water Resources Development
Act of 1992. The conferees urge the Secretary of the Army to
enter into the required project cooperation agreements for the
Captiva, Estero, and Gasparilla segments of the Lee County,
Florida, project within six months of enactment of this Act
into law and to include funds for these segments in future
annual budget requests to Congress.
None of the funds provided for the Olmsted Locks and Dam
project are to be used to reimburse the Claims and Judgment
Fund.
The conferees continue to recognize the vital importance
of the Inner Harbor Navigation Canal Lock, Louisiana, project
and direct the Corps of Engineers to take every practicable
action to ensure that construction proceeds expeditiously and
that project benefits are delivered with dispatch.
The conferees have provided $750,000 for the Mississippi
River Gulf Outlet, Louisiana, project for the Corps of
Engineers to continue the reevaluation study for the project.
The conference agreement includes $200,000 for the
Genessee County Environmental Infrastructure project in
Michigan for work on the rain gauge system and the Kearsley
Creek interceptor.
The conferees reiterate their support for the wastewater
infrastructure needs of the Mille Lacs Band of Ojibwe and the
Garrison-Kathio-West Mille Lacs Lake Sanitary District through
continued construction of the Mille Lacs Regional Wastewater
System connected to the regional wastewater treatment plant on
the Mille Lacs Indian Reservation, as established in the Treaty
of 1855, 10 Stat. 1165.
The conference agreement includes $8,000,000 for the
Mississippi Environmental Infrastructure project. The conferees
expect the Corps of Engineers to use the funds to address the
most critical water resources needs within the State of
Mississippi.
The conferees have provided $1,000,000 for the Rural
Montana project. Within the funds provided, the Corps of
Engineers should give consideration to Grant Creek, Missoula
County, the cities of Belgrade, Helena, and the City of Conrad
as described in the House Report.
The conference agreement includes $10,000,000 to continue
the Rural Nevada project. Within the funds provided, the Corps
of Engineers is directed to give consideration to projects at
Boulder City, Lyon County (Carson River Regional Water System),
Gerlach, Incline Village, Round Hill, Mesquite, Moapa, Spanish
Springs, Battle Mountain, Virgin Valley, Lawton-Verdi, and
Esmeralda County.
The conferees are aware that the Corps of Engineers has
made significant progress during calendar year 2002 to
reorganize the Acequias Irrigation System construction project
in New Mexico. The conferees are concerned, however, that the
State of New Mexico's Interstate Stream Commission is facing
funding shortfalls and is having difficulty garnering the
needed resources as the non-Federal sponsor of the project. In
addition, the conferees are also aware that there are delays in
both the community ditch in northwest New Mexico, as well as in
the Cuchillo project. The conferees continue to support this
project and are hopeful that the outstanding issues will soon
be resolved.
The additional funds provided for the Fire Island Inlet
to Montauk Point, New York, project are to be used to carry out
the activities described in the House Report.
The conference agreement includes $8,000,000 for the
South Central Pennsylvania Environmental Improvement Program.
The funds are to be divided equally for work within the Corps
of Engineers Baltimore and Pittsburgh Districts.
The conferees have provided $8,500,000 for the Cheyenne
River Sioux Tribe, Lower Brule Sioux, South Dakota, project.
Within the funds provided, $1,000,000 shall be provided for
administrative expenses. The Corps of Engineers is to
distribute the remaining funds as directed by Title VI of the
Water Resources Development Act of 1999 to the State of South
Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule
Sioux Tribe.
The conference agreement includes $2,000,000 for the
Norfolk Harbor and Channels, Virginia, project, including funds
to initiate deepening of the outbound channel.
The conference agreement includes $85,000,000 for the
Columbia River Fish Mitigation program in Washington, Oregon,
and Idaho. Within the funds provided, $300,000 is for a
reconnaissance level investigation of Columbia River flood
control operations for the Corps of Engineers to determine what
changes, if any, would benefit endangered species, particularly
salmon. Evaluation beyond the reconnaissance phase is subject
to agency review and congressional notification.
The conferees direct the Corps of Engineers to undertake
the projects listed in the House report and Senate explanatory
statement and any additional projects described below for the
various continuing authorities programs. The recommended
funding levels for these programs are as follows: Section 206--
$20,000,000; Section 204--$1,500,000; Section 14--$10,000,000;
Section 205--$45,000,000; Section 111--$2,000,000; Section
107--$11,000,000; Section 1135--$23,000,000; Section 103--
$5,000,000; and Section 208--$1,000,000. The conferees are
aware that there are funding requirements for ongoing
continuing authorities projects that may not be accommodated
within the funds provided for each program. It is not the
intent of the conferees that ongoing projects be terminated. If
additional funds are needed during the year to keep ongoing
work in any program on schedule, the conferees urge the Corps
of Engineers to reprogram funds into the program.
Under the Section 205 program, the conference agreement
includes $750,000 to initiate detailed plans and specifications
for the Jackson Brook Watershed, Morris County, New Jersey,
project. The conference agreement does not include funds for
the Wind Lake, Wisconsin, project described in the House
Report. In addition, $500,000 is provided for the Corps of
Engineers to initiate work on the flood damage reduction
project on the James River in Greene County, Missouri.
Under the Section 14 program, $200,000 is provided for
the Kenosha Harbor, Wisconsin, retaining wall project.
Under the Section 107 program, the conference agreement
includes $500,000 to complete plans and specifications,
negotiate the project cooperation agreement, and initiate
construction of the Russellville Slackwater Harbor project in
Arkansas. In addition, the conferees urge the Corps of
Engineers to take whatever steps necessary within the funds
available under Section 107 to begin work on the small boat
harbor at Tatitlik, Alaska.
Under the Section 206 program, the conference agreement
includes $250,000 for the Arroyo Mocho, California, project for
preliminary restoration planning followed by planning, design,
and implementation studies; $700,000 to complete the ecosystem
restoration report, initiate and complete plans and
specifications, and initiate construction of the Efroymson
Restoration Project, Newton County, Indiana; and $180,000 for
the Long Lake, Indiana, project.
The conference agreement includes $4,000,000 for the
Aquatic Plant Control Program. Within the funds provided, the
conferees expect the Corps of Engineers to carry out the
activities described in the House Report and Senate explanatory
statement.
The conferees have included language in the bill
earmarking funds for the following projects in the amounts
specified: San Timoteo Creek (Santa Ana River Mainstem),
California, $7,000,000; Southern and Eastern Kentucky,
$3,000,000; Clover Fork, City of Cumberland, Town of Martin,
Pike County (including Levisa and Tug Fork Tributaries), Bell
County, Harlan County in accordance with the Draft Detailed
Report dated January 2002, Floyd County, Martin County, and
Johnson County, Kentucky elements of the Levisa and Tug Forks
of the Big Sandy River and Upper Cumberland River, $26,100,000;
Grundy, Buchanan, and Dickenson County, Virginia, elements of
the Levisa and Tug Forks of the Big Sandy River and Upper
Cumberland River, $13,400,000; and 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, $5,500,000. The conference agreement
also includes language proposed by the Senate directing the
Corps of Engineers to continue the Dickenson County, Virginia,
Detailed Project Report as defined by Plan 4 of the Huntington
District Engineer's Draft Supplement to the Section 202 General
Plan for Flood Damage Reduction, dated April 1997.
For the Pike County, Kentucky, element of the Levisa and
Tug Forks of the Big Sandy River and Upper Cumberland River
project, the conferees direct the Secretary of the Army to
amend the Project Cooperation Agreement and implement the
project described in the Pike County, Kentucky, Tug Fork
Tributaries Detailed Project Report Supplement, dated January
2002.
The conference agreement deletes language proposed by the
Senate regarding dispersal barriers in the Chicago Ship and
Sanitary Canal in Illinois. Funding for this work is included
in the amount appropriated for Construction, General.
The conference agreement includes language proposed by
the House regarding the Bois Brule Drainage and Levee District
project in Missouri, the Dallas Floodway Extension project in
Texas, the Bowie County Levee project in Texas, and the Los
Angeles Harbor project in California.
The conference agreement includes language proposed by
the Senate directing the Corps of Engineers to continue
construction of the Hawaii Water Management Project. The
conferees have provided $1,000,000 for the project.
The conference agreement includes language proposed by
the Senate directing the Corps of Engineers to continue
construction of the Kaumalapau Harbor, Hawaii, project. The
conferees have provided $1,000,000 for the project.
The conference agreement includes language proposed by
the Senate directing the Corps of Engineers to continue
construction of the Waterbury Dam, Vermont, project. The
conference agreement includes $2,000,000 for the project within
the Dam Safety and Seepage/Stability Correction Program.
The conference agreement includes language proposed by
the Senate regarding the Seward Harbor, Alaska, project; the
Wrangell Harbor, Alaska, project; the Galena Bank
Stabilization, Alaska, project; and the Devils Lake, North
Dakota, project.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS,
KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE
The conference agreement appropriates $344,574,000 for
Flood Control, Mississippi River and Tributaries, instead of
$342,071,000 as proposed by the House and $346,437,000 as
proposed by the Senate.
The conference agreement includes $37,790,000 for the
Channel Improvement program. The amount provided includes
$700,000 for the Caruthersville-Linwood, Missouri, dike;
$200,000 for the Donaldson Point, Missouri, dike; and $200,000
for the Island 7 & 8, Missouri, dike.
The conferees have provided $47,885,000 for continued
construction of the Mississippi River levees feature of the
Mississippi River and Tributaries project, including $2,300,000
to construct the Nash Road, Missouri, relief wells; $2,325,000
for the Birds Point-New Madrid, Missouri, levee closure and box
culvert; $400,000 for wave wash protection along a portion of
the main line levee near Tiptonville, Tennessee; and $500,000
to continue engineering and design of the Lower Mississippi
River Museum and Interpretive Site.
The conference agreement includes $3,100,000 for the
Corps of Engineers to continue construction of the St. Francis
Basin project in Arkansas and Missouri, including $100,000 for
constructing channel stabilization measures in Stoddard and
Dunklin Counties in Missouri.
The conferees have provided $20,000,000 for the Yazoo
Basin, Mississippi, Delta Headwaters Project. The conferees
agree that the work performed to date on this program by the
Corps of Engineers and the Natural Resources Conservation
Service has shown positive results in reduction of flood
damages, decreased erosion and sedimentation, and improvements
to the environment. Therefore, the conferees have agreed to
rename the program to reflect the fact that it has now gone
beyond the demonstration phase. These positive results show
that continued funding for this effort is important, and that
the entire program should be completed. This may well be a case
where the completed program gives results that are much greater
than the sum of the individual items of work. The funds
included in the bill are for the Corps of Engineers to continue
design, real estate acquisition, monitoring of completed work,
and initiation of continuing contracts. The conferees expect
the Administration to request funds for this important program
until it is completed.
The conference agreement includes $9,000,000 for
maintenance of Mississippi River levees. The funds provided
above the budget request are to be used to provide gravel
surfacing to selected locations on levee roads in Arkansas,
Mississippi, and Louisiana.
The additional funds provided for maintenance of the
Atchafalaya Basin, Louisiana, project are for dewatering and
major lock repairs to Berwick Lock.
The conference agreement includes language proposed by
the Senate directing the Corps of Engineers to continue design
and real estate acquisition and initiate the pump supply
contract using continuing contracts for the Yazoo Basin, Yazoo
Backwater Pumping Plant, Mississippi, project. The conferees
have agreed to include $10,000,000 for this work.
OPERATION AND MAINTENANCE, GENERAL
The conference agreement appropriates $1,940,167,000 for
Operation and Maintenance, General instead of $1,990,280,000 as
proposed by the House and $1,956,182,000 as proposed by the
Senate.
The amounts provided for the Black Warrior and Tombigbee
Rivers and Alabama-Coosa River projects include $250,000 and
$50,000 respectively, for the Corps of Engineers to perform
maintenance dredging of backwater areas.
The conference agreement includes $3,174,000 for
operation and maintenance of the Alabama-Coosa River project in
Alabama. Of the total provided, $200,000 is for implementation
of a system-wide geographic information system for the project.
The conference agreement includes $24,000,000 for
operation and maintenance of the Tennessee-Tombigbee Waterway
project in Alabama and Mississippi. The funds provided above
the budget request should be used for additional dredging of
the navigation channel.
The conferees have provided $750,000 for the Cook Inlet,
Alaska, project for the Corps of Engineers to initiate a
modeling study of the Upper Cook Inlet navigation channel in
conjunction with the ongoing modeling study for the Anchorage
Harbor project.
The conference agreement includes $1,000,000 for the
Corps of Engineers to continue the San Francisco Bay Long Term
Management Strategy, including $200,000 for the Oakland Harbor
operation and maintenance project.
The conference agreement includes an additional $250,000
each for the Cherry Creek Lake, Chatfield Lake, and Trinidad
Lake projects in Colorado. Frequent inundation of recreation
areas is causing health and safety problems that require repair
or replacement of facilities. It is not the conferees' intent
to alter the Corps of Engineers lease and property
accountability policies. It is the conferees' understanding
that the State of Colorado has agreed to cost share these
projects on a 50-50 basis. It is also the understanding of the
conferees that the Secretary of the Army will not assume, nor
share in, the future cost of the operation and maintenance of
these recreation facilities.
The conference agreement includes $750,000 for the Corps
of Engineers to plan for and enter into a continuing contract
to implement a demonstration project for innovative dredged
material treatment technology for maintenance dredging of
Bridgeport Harbor, Connecticut, under authority of section 345
of the Water Resources Development Act of 2000.
The conferees have provided $4,709,000 for operation and
maintenance of the Apalachicola, Chattahoochee, and Flint
Rivers project in Georgia, Florida, and Alabama. The amount
provided includes annual dredging of the channel, normal
operation and maintenance of the George W. Andrews lock, spot
dredging of shoals, continued slough mouth restorations,
continued restoration efforts at Corley Slough, and other
routine operation and maintenance of the project.
The conference agreement includes $175,000 for the Corps
of Engineers to initiate design for a replacement for the
existing breakwater at the Grand Marais Harbor, Michigan,
navigation project.
The conferees have provided an additional $500,000 for
the Missouri River, Rulo to the Mouth, project to continue
implementation of actions related to the U.S. Fish and Wildlife
Service biological opinion.
The conference agreement includes $4,200,000 for
operation and maintenance of the Calumet Harbor and River
project in Illinois, including $750,000 for design,
engineering, and rehabilitation of the stone dock, and funds
for additional maintenance dredging of the project.
The conference agreement includes $5,400,000 for
operation and maintenance of the Carlyle Lake, Illinois,
project, including $250,000 for rehabilitation of the Dam West
Campground.
The conferees have provided $8,862,000 for operation and
maintenance of the Wolf Creek Dam, Lake Cumberland, Kentucky,
project. The additional funds are for the purchase and use of a
skimmer boat to remove trash and debris from the lake, and to
make safety and other necessary improvements to the boat ramps
at Old Fall Creek, Tate Access, Camp Attrahunt, and Ramsey
Point.
The conference agreement includes $11,000,000 for the J.
Bennett Johnston Waterway project in Louisiana, including
$1,000,000 for bank stabilization repairs and $400,000 for
dredging entrances to oxbow lakes.
The conferees have provided $3,360,000 for the Clearwater
Lake, Missouri, project. The additional funds are to be used
for the preparation of a new Water Control Plan, the
continuation of design and construction of additional high
water recreational facilities, and to reduce the maintenance
backlog at the project.
Within the funds provided for the Morehead City Harbor,
North Carolina, project, $300,000 is for the Corps of Engineers
to complete the Section 933 study concerning placement of
maintenance dredging material on the beaches of Bogue Banks.
The conference agreement includes additional funds for
mosquito control and continued improvements to low water lake
accessibility at the Garrison Dam, Lake Sakakawea, North
Dakota, project.
The conference agreement includes $7,000,000 for the
Muskingum River Lakes, Ohio, project. The additional funds are
for the Corps of Engineers to conduct a system operations
study, develop a flood warning system, and conduct a water
quality study of selective withdrawal concepts at Tappan Lake.
The additional funds provided for the Bonneville Lock and
Dam project in Oregon and Washington are for continued
activities related to implementation of the Federal Columbia
River Power System Biological Opinion.
The conference agreement includes $9,200,000 for the
Columbia River at the Mouth, Oregon and Washington, project.
The funds are to be used for routine operation and maintenance
of the project, additional dredging, jetty evaluation, studies
of alternative dredged material disposal, and a dredged
material disposal demonstration project at Benson Beach.
The additional funds provided for the Raystown Lake,
Pennsylvania, project are for the Corps of Engineers to make
improvements to the road leading to the Susquehanna Campground.
The additional funds provided for the Tionesta Lake,
Pennsylvania, project are for the Corps of Engineers to upgrade
the campground at the project.
The conference agreement includes $6,890,000 for the
Cooper River, Charleston Harbor, South Carolina, project. The
additional funds are for the Corps of Engineers to make a lump
sum payment to the South Carolina Department of Natural
Resources to perform future operations of the fish lift.
The conference agreement includes $6,732,000 for the
Denison Dam, Lake Texoma, Texas, project. Pursuant to Sec. 838
of Public Law 99-662, the additional funds are for the Corps of
Engineers to study the proposed reallocation of storage at the
lake to water supply.
The Corps of Engineers is directed to update the Master
Plans for the Ball Mountain, North Springfield, Townshend, and
Union Village Reservoirs in Vermont, within the funds provided
for each project.
The amount provided for the The Dalles Lock and Dam
project in Washington and Oregon includes $250,000 for work
needed to meet Biological Opinion requirements.
The conference agreement includes $11,500,000 for the
Grays Harbor and Chehalis River, Washington, project, including
funds for rehabilitation of the north jetty, the entrance
channel study, and maintenance of the south jetty.
The conferees have provided additional funds for the
Corps of Engineers to continue the drift and debris initiative
being undertaken at Bluestone Lake, West Virginia.
The conference agreement includes $5,000,000 for the
Corps of Engineers to complete the transfer of the locks on the
Fox River to the State of Wisconsin.
The conference agreement includes language proposed by
the House directing the Corps of Engineers to undertake
recreation improvements associated with the pool raise at Waco
Lake, Texas.
The conference agreement does not include language
proposed by the House regarding maintenance of the Tennessee-
Tombigbee Waterway.
The conference agreement includes language proposed by
the House regarding improvements to recreational facilities and
environmental restoration at the Hansen Dam feature of the Los
Angeles County Drainage Area project in California. The
conferees have provided $3,160,000 for this work. The amount
provided for the Los Angeles County Drainage Area project also
includes $100,000 for additional maintenance on the Compton
Creek segment of the project.
The conference agreement includes language proposed by
the Senate regarding operation and maintenance costs incurred
by the State of Delaware for the SR1 Bridge over the Chesapeake
and Delaware Canal. The language has been amended to provide
for reimbursement of those costs between October 1, 2002, and
September 30, 2003.
The conference agreement includes language directing the
Corps of Engineers to rehabilitate the disposal area for the
Bodega Bay, California, project, perform maintenance dredging,
and make dredged material available to the non-Federal sponsor.
The conferees are aware of the lead-time required to
repair and rehabilitate recreational facilities for the
upcoming Lewis and Clark Bicentennial Commemoration. Therefore,
the Corps of Engineers may, within available funds, perform
maintenance and repair of these facilities as is considered
necessary to accommodate the anticipated visitor population.
FLOOD CONTROL AND COASTAL EMERGENCIES
The conference agreement appropriates $15,000,000 for
Flood Control and Coastal Emergencies instead of $20,000,000 as
proposed by the House and $20,227,000 as proposed by the
Senate.
The conferees believe that stackable, modular floodwall
systems that have recently been developed could provide a
significant advantage over traditional methods of fighting
floods. One such system, which utilizes a series of inter-
connecting plastic cells to form a flood protection barrier
when filled with sand, has been successfully tested at the
Waterways Experiment Station in Vicksburg, Mississippi.
Accordingly, the conferees expect the Corps of Engineers to
utilize funds available in the Flood Control and Coastal
Emergencies account to invest in a stackable, modular floodwall
system so that, like sandbags, the material can be stockpiled
and be available for deployment in areas of the country prone
to flooding.
REGULATORY PROGRAM
The conference agreement appropriates $139,000,000 for
the Regulatory Program instead of $134,000,000 as proposed by
the House and $144,252,000 as proposed by the Senate.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The conference agreement appropriates $145,000,000 for
the Formerly Utilized Sites Remedial Action Program instead of
$150,000,000 as proposed by the House and $140,298,000 as
proposed by the Senate.
The conferees provide the Corps of Engineers with
reprogramming authority for FUSRAP projects of up to 15 percent
of the base of the receiving project. Reprogrammed funds must
be excess to the source project.
GENERAL EXPENSES
The conference agreement appropriates $155,151,000 for
General Expenses instead of $154,651,000 as proposed by the
House and $155,651,000 as proposed by the Senate.
The conference agreement includes language proposed by
the House and the Senate which prohibits the use of funds to
support a congressional affairs office within the executive
office of the Chief of Engineers. This language has been
included in Energy and Water Development Appropriations Acts
since fiscal year 2000. The conferees continue to believe that
an office of congressional affairs is unnecessary for the
effective management of the Civil Works program by the Corps'
headquarters, and the efficient coordination of Civil Works
issues with Members of Congress and committee staff. The
conferees are concerned that, despite the language that has
been carried in this Act, the Office of Congressional Affairs
has been involved in the exchange of Civil Works information
between the headquarters and the Congress, at times causing
delays in scheduling meetings and providing answers to
Congressional inquiries. The conferees believe that the
technical knowledge and managerial expertise needed for the
Corps' headquarters to effectively address Civil Works
authorization, appropriations, and policy matters resides in
the Civil Works organization. Therefore, the conferees direct
that the Office of Congressional Affairs not be part of the
process by which information on Civil Works projects, programs,
and activities is provided to the Congress.
In 1998, the Chief of Engineers issued a Command
Directive transferring the oversight and management of the
General Expenses account, as well as the manpower associated
with this function, from the Civil Works Directorate to the
Resource Management Office. The oversight and management of the
Civil Works program lies solely with the Directorate of Civil
Works, and it is funded through the General Expenses account to
perform those duties. Both the House and Senate Committees
expressed concern that the lack of oversight by the Director of
Civil Works over the General Expenses account could be having a
detrimental impact on the performance of the Civil Works
mission. Information recently provided by the Corps of
Engineers regarding management of the General Expenses account
has done nothing to lessen that concern. Therefore, the Corps
of Engineers is directed to adhere to the guidelines described
in the Senate explanatory statement regarding the allocation of
non-labor discretionary General Expenses funds.
GENERAL PROVISIONS
Corps of Engineers--Civil
Section 101.--The conference agreement includes language
proposed by the House and the Senate which places a limit on
credits and reimbursements allowable per year and per project.
Section 102.--The conference agreement includes language
proposed by the House prohibiting the use of funds to support
activities related to the Chicago Harbor Visitors Center.
Section 103.--The conference agreement includes language
proposed by the Senate relating to the use of funds for closure
or removal of the St. Georges Bridge across the Intracoastal
Waterway, Delaware River to Chesapeake Bay, Delaware and
Maryland.
Section 104.--The conference agreement includes language
proposed by the Senate amending section 595 (h) (1) of Public
Law 106-53.
Section 105.--The conference agreement includes language
proposed by the Senate amending the authorization for the St.
Paul Island Harbor, Alaska, project.
Section 106.--The conference agreement includes language
proposed by the Senate amending the authorization for the
Abiquiu Dam, New Mexico, emergency gate project.
Section 107.--The conference agreement includes language
proposed by the Senate amending the authorization for the Las
Vegas Wash and Tributaries (Flamingo and Tropicana Washes),
Nevada, flood control project.
Section 108.--The conference agreement includes language
proposed by the Senate amending the authorization for the
Atlantic Intracoastal Waterway Bridge Replacement at Great
Bridge, Chesapeake, Virginia, project.
Section 109.--The conference agreement includes language
proposed by the Senate regarding the Civil Works mission of the
Corps of Engineers. The language has been amended so that it
only applies to funds provided for fiscal 2003 in this or any
other Act.
Section 110.--The conference agreement includes language
proposed by the Senate amending the authorization for the
Terminus Dam, Kaweah River, California, project.
Section 111.--The conference agreement includes language
amending the authorization of the Little Calumet River Basin
(Cady Marsh Ditch) Lake County, Indiana, flood control project.
Section 112.--The conference agreement includes language
providing credit for environmental dredging feasibility study
work done by the non-Federal sponsor on the Indiana Harbor,
Indiana, navigation project.
Section 113.--The conference agreement includes language
providing credit to a local sponsor for wetlands restoration
work on the Brownsville Navigation Channel, Texas, navigation
project.
Section 114.--The conference agreement includes language
authorizing replacement of the Chickamauga Lock in Tennessee.
Section 115.--The conference agreement includes language
authorizing construction of a project under provisions of
section 205 of the Flood Control Act of 1948 for the James
River, Green County, Missouri.
Section 116.--The conference agreement includes language
amending the authorization of the Amite River and Tributaries,
Louisiana, flood control project.
Section 117.--The conference agreement includes language
prohibiting expenditure of funds related to a proposed landfill
in Tuscarawas County, Ohio.
Section 118.--The conference agreement includes language
amending the authorization of the Brunswick Harbor, Georgia,
navigation project.
Section 119.--The conference agreement includes language
providing credit for work done subsequent to authorization by a
non-Federal sponsor on the expansion of the Savannah Harbor,
Georgia, navigation project.
Section 120.--The conference agreement includes language
providing credit for work done by a non-Federal sponsor for a
project being constructed under section 206 of the Water
Resources Development Act of 1996 at Rose Bay, Volusia County,
Florida.
Section 121.--The conference agreement includes language
requiring amendment of the shoreline management plan of Lake
Cumberland, Kentucky.
Section 122.--The conference agreement includes language
providing credit for work done after October 1, 2002, by a non-
Federal sponsor on the Des Moines Recreational River and
Greenbelt, Iowa, environmental restoration project.
Section 123.--The conference agreement includes language
amending the authorization of the Turkey Creek Basin, Kansas
City, Missouri, and Kansas City, Kansas, flood damage reduction
project.
Section 124.--The conference agreement includes language
imposing certain specific requirements for the design and
construction of the Long Lake Environmental Restoration,
Indiana, project to be constructed under section 206 of the
Water Resources Development Act of 1996.
Section 125.--The conference agreement includes language
extending the authorization for the Missouri and Middle
Mississippi Rivers Enhancement project.
Section 126.--The conference agreement includes language
establishing an environmental assistance program in Idaho.
Section 127.--The conference agreement includes language
amending provisions of section 531 of the Water Resources
Development Act of 1996 affecting Southern and Eastern
Kentucky.
Section 128.--The conference agreement includes language
providing that credit be provided a non-Federal sponsor for
work done after the execution of the environmental dredging
design amendment on the Ashtabula, Ohio, navigation project.
Section 129.--The conference agreement includes language
making revisions to the geographic provisions of section 313 of
the Water Resources Development Act of 1992, as amended.
Section 130.--The conference agreement includes language
proposed by the Senate providing for corrective maintenance at
the Herring Creek--Tall Timbers, Maryland, project.
Provisions not included in the conference agreement.--The
conference agreement does not include language proposed by the
House to reduce employment at the Chicago District office of
the Corps of Engineers, language proposed by the House and
Senate regarding the dredge McFarland, and language proposed by
the Senate regarding the American River Watershed project.
The conference agreement does not include language
proposed by the Senate concerning private sector contracting
percentages by the Corps of Engineers. It is the sense of the
conferees that the Corps is meeting requirements in this area
and that the Corps should continue its emphasis on
``contracting out'' work whenever that represents the best use
of its limited funds.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE II
Department of the Interior
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
The conference agreement appropriates $36,228,000 to
carry out the provisions of the Central Utah Project Completion
Act as proposed by the House and the Senate.
BUREAU OF RECLAMATION
The summary tables at the end of this title set forth the
conference agreement with respect to the individual
appropriations, programs, and activities of the Bureau of
Reclamation. Additional items of conference agreement are
discussed below.
WATER AND RELATED RESOURCES
The conference agreement appropriates $813,491,000 for
Water and Related Resources instead of $807,518,000 as proposed
by the House and $816,147,000 as proposed by the Senate.
The conference agreement provides $1,097,000 for the
South/Central Arizona Investigations program, including
$300,000 for the West Salt River Valley Water Management study.
The amount provided for the American River Division of
the Central Valley Project includes $500,000 for work
associated with the construction of a parallel pipeline to
serve the City of Roseville and the San Juan Water District;
and $750,000 for the Bureau of Reclamation to initiate
construction of a temperature control device on the El Dorado
Irrigation District water intake.
The amount provided for the Delta Division of the Central
Valley Project includes $900,000 for the Bureau of Reclamation
to continue design of an intertie between the Delta-Mendota
Canal and the California Aqueduct.
The amount provided for the East Side Division of the
Central Valley Project includes an additional $1,000,000 for
the Bureau of Reclamation to continue work to upgrade the water
and sewer systems at New Melones Lake and perform a visitor
capacity study at New Melones Lake.
The amount provided for Miscellaneous Project Programs of
the Central Valley Project includes $300,000 for post-
construction activities at the Banta-Carbona Irrigation
District fish screen project; $300,000 for an investigation of
resource problems and needs in the Mokelumne River watershed;
and $400,000 for phase II of the Kaweah River Delta Corridor
Enhancement study.
The amount provided for the Sacramento River Division of
the Central Valley Project includes $2,000,000 for the
continuing evaluation of water diversion and fishery protection
options at the Red Bluff Diversion Dam; $400,000 for
implementation of the Colusa Basin Integrated Resources
Management Plan for critical flood control, conjunctive use,
and waterfowl habitat activities; $1,500,000 for the Bureau of
Reclamation to accelerate investigations associated with
determining the feasibility of construction at the Sites
Reservoir and other activities described in the House Report;
and $500,000 for the Bureau of Reclamation to participate with
Butte County, California, in development of an integrated
resource management plan.
The conference agreement includes $1,342,000 for the
Southern California Investigations Program, including $200,000
for the Bureau of Reclamation to work with the Antelope Valley-
East Kern Water Agency as described in the House Report, and
$300,000 for the Bureau of Reclamation to participate with the
Santa Ana Watershed Project Authority in the Chino Basin
Conjunctive Use Program.
The report requested in the House Report related to the
City of Needles, California, should be provided 30 days after
enactment of this Act.
The conference agreement includes $3,000,000 for the Lake
Tahoe Regional Wetlands Development Program in California and
Nevada as proposed by the House and the Senate. The conferees
have also agreed to include language in the bill which
authorizes the Bureau of Reclamation to negotiate and enter
into financial assistance agreements with public and private
organizations for activities under the Program and which
provides that costs associated with such activities are non-
reimbursable.
The conferees direct the Bureau of Reclamation, under the
Santa Margarita feasibility authorization, to perform the
studies needed to address current and future municipal,
domestic, military, environmental, and other water uses from
the Santa Margarita River, California.
The conference agreement includes $15,000,000 for the
Columbia and Snake Rivers Salmon Recovery project in Idaho,
Oregon, and Washington. Within the funds provided, $500,000 is
for continued fishery habitat improvements in the John Day
River Subbasin project in Oregon.
The conferees are aware of the pending biological opinion
in effect on the Rio Grande. In New Mexico, municipalities,
farmers, and the silvery minnow all compete for water, a scarce
resource. Add the current drought conditions, and a delicate
balance must be maintained. Accordingly, the conference
agreement for the Middle Rio Grande project includes funding
for the following activities: $3,834,000 for habitat
restoration; $1,615,000 for silvery minnow population
management; $480,000 for fish passage activities; $200,000 for
non-native species management; $3,415,000 for water management
activities; and $507,000 for activities to improve water
quality. The conferees direct the Bureau of Reclamation to
consult with the Fish and Wildlife Service on silvery minnow
monitoring and habitat efforts.
The conferees have provided $707,000 for the Oklahoma
Investigations Program, including $500,000 for a hydrology and
water resources management study of the Arbuckle-Simpson
Aquifer.
The conference agreement includes $4,599,000 for the
Drought Emergency Assistance Program. Of the total, $400,000 is
for drought emergency planning in Nebraska; $500,000 is to
rehabilitate and replace existing wells and construct new wells
in the City and County of Santa Fe, New Mexico; $800,000 is for
assistance to the State of Montana; and $2,000,000 is for a
regional weather modification program in the states of Kansas,
Nevada, New Mexico, Oklahoma, and Texas. The conferees also
urge the Bureau of Reclamation to provide full and fair
consideration of the request for drought assistance from the
State of Hawaii.
The conferees are in agreement that funds made available
in Public Law 107-117 and in this Act for increased site
security and other counter-terrorism activities shall be non-
reimbursable.
Within the funds provided for the Water Management and
Conservation Program, $500,000 is for water conservation
programs within the service area of the Metropolitan Water
District of Southern California.
The conference agreement includes $3,500,000 for the
Title XVI Water Reclamation and Reuse Program, including
$2,000,000 to support the WateReuse Foundation's research
program, and $125,000 for an appraisal level investigation of
water recycling opportunities in the Desert Hot Springs area of
California. In addition, the Bureau of Reclamation is directed
to undertake feasibility studies of the potential for water
reclamation and reuse in North Las Vegas, Nevada, in
cooperation with the Southern Nevada Water Authority.
The conference agreement includes $4,000,000 for the
Desalination Research and Development Program. Within the
amount provided, $3,000,000 is for construction of a national
desalination research facility to be located in the Tularosa
Basin, New Mexico. With the funds provided, the Bureau of
Reclamation shall develop and implement a coordinated research
investment strategy based on the Tularosa Basin National
Desalination Research Center feasibility study developed during
fiscal year 2002.
The conference agreement includes bill language which
provides that $10,000,000 of the funds appropriated for Water
and Related Resources shall be deposited in the San Gabriel
Basin Restoration Fund, instead of $12,000,000 as proposed by
the House.
The conference agreement does not include language
proposed by the Senate related to drought assistance.
CENTRAL VALLEY PROJECT RESTORATION FUND
The conference agreement appropriates $48,904,000 for the
Central Valley Project Restoration Fund as proposed by the
House and the Senate.
The conferees are in agreement with the language in the
House Report regarding the Glenn-Colusa Irrigation District
Fish Screen Improvement Project and the Anadromous Fish Screen
Program.
CALIFORNIA BAY-DELTA ECOSYSTEM RESTORATION
The conference agreement includes no funds in the
California Bay-Delta Ecosystem Restoration account as proposed
by the House and the Senate.
The conferees have provided an additional $23,000,000
within the various units of the Central Valley Project under
the Water and Related Resources account for activities that
support the goals of the California Bay-Delta Ecosystem
Restoration Program, instead of $30,000,000 as proposed by the
Senate. The conferees are aware that legislation to authorize
this multi-year, multi-billion dollar program is under
consideration by the Congress, but has yet to be enacted.
Absent such an authorization, it will be difficult for the
Congress to continue its support for this program. Therefore,
the conferees strongly urge the parties involved to work to
enact an authorization for the program so additional funding
can be considered in the fiscal year 2004 appropriations cycle.
The additional funds provided in support of the program are to
be used as follows:
Delta Division: $2,500,000 for planning and management
activities; $250,000 to continue evaluations of the Delta
Wetlands project and other in-delta storage proposals;
$2,000,000 for planning activities associated with enlarging
the Los Vaqueros reservoir; and $3,500,000 to construct the
Tracy Fish Test Facility.
Friant Division: $1,750,000 for storage investigations in
the Upper San Joaquin Watershed.
Miscellaneous Project Programs: $9,000,000 for the
Environmental Water Account.
Sacramento River Division: $1,500,000 to continue
planning activities related to Sites Reservoir.
Shasta Division: $2,500,000 to continue evaluating the
potential impacts of the proposed Shasta Dam raise.
ADMINISTRATIVE PROVISION
The conference agreement provides that funds available
for the Bureau of Reclamation shall be available for the
purchase of not to exceed 16 passenger motor vehicles, of which
12 are for replacement only, as proposed by the House, instead
of the purchase of four passenger motor vehicles for
replacement only as proposed by the Senate.
POLICY AND ADMINISTRATION
The conference agreement appropriates $54,870,000 for
Policy and Administration as proposed by the House and the
Senate.
General Provisions
Department of the Interior
Section 201.--The conference agreement includes language
proposed by the House authorizing the Bureau of Reclamation to
continue its program of providing grants to institutions of
higher learning to support the training of Native Americans to
manage natural resources. The conferees have agreed to make the
language permanent as proposed in the Administration's fiscal
year 2004 budget request.
Section 202.--The conference agreement includes language
proposed by the House and the Senate regarding the San Luis
Unit and the Kesterson Reservoir in California.
Section 203.--The conference agreement includes language
proposed by the House which amends section 212 of the Energy
and Water Development Appropriations Act, 2001, related to the
Sly Park Unit in California.
Section 204.--The conference agreement includes language
proposed by the House which clarifies that the San Gabriel
Basin Restoration Fund may be used to reimburse the Central
Basin Municipal Water District for certain expenditures.
Section 205.--The conference agreement includes language
proposed by the Senate establishing requirements for the
purchase or lease of water from the Middle Rio Grande or
Carlsbad projects in New Mexico.
Section 206.--The conference agreement includes language
proposed by the Senate concerning drought emergency assistance.
Section 207.--The conference agreement includes language
proposed by the Senate regarding the restoration of fish,
wildlife, and associated habitats in watersheds of certain
lakes.
Section 208.--The conference agreement includes language
proposed by the Senate regarding contracting percentages for
the Bureau of Reclamation.
Section 209.--The conference agreement includes language
proposed by the Senate directing the Bureau of Reclamation to
undertake studies for the North Central Montana Rural Water
Supply project.
Section 210.--The conference agreement includes language
proposed by the Senate extending the authorization for the
Water Desalination Act of 1996.
Section 211.--The conference agreement includes language
proposed by the Senate authorizing the North Las Vegas Water
Reuse project.
Section 212.--The conference agreement includes language
which provides that 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)).
Section 213.--The conference agreement includes language
which amends the Salton Sea Reclamation Act of 1998. The
conferees have also agreed to provide $2,000,000 for the Bureau
of Reclamation to continue the program to perform research and
construct water reclamation and wetlands projects to improve
water quality in the Alamo River and New River, Imperial
County, California.
Section 214.--The conference agreement includes language
authorizing the Bureau of Reclamation to conduct a feasibility
study of options for additional water storage in the Yakima
River Basin with emphasis on the feasibility of storage of
Columbia River water in the potential Black Rock Reservoir. The
conferees have provided $1,000,000 for this work.
Section 215.--The conference agreement includes language
proposed by the Senate related to certain CALFED-related
activities undertaken by the Secretary of the Interior. The
language has been amended to remove the reference to the CALFED
Bay-Delta Authority. The conferees agree that this language
does not authorize the CALFED Record of Decision.
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TITLE III
DEPARTMENT OF ENERGY
The summary tables at the end of this title set forth the
conference agreement with respect to the individual
appropriations, programs, and activities of the Department of
Energy. Additional items of conference agreement are discussed
below.
Budget Justification Requirements
The conferees agree with the House language regarding
prior approval of proposed budget structure changes. The
conferees also agree that budget justifications submitted by
the Department must include a section identifying the last year
that authorizing legislation was provided by Congress for each
program, funding within each construction project data sheet
for elimination of excess facilities at least equal to the
square footage of new replacement facilities being requested,
and funding to eliminate excess facilities at least equal to
the square footage of new replacement facilities being
constructed as general plant projects.
Safeguards and Security Funding
The conferees direct the Department to continue to
identify safeguards and security funding as a separate line
item in the budget justifications. The conferees also direct
the Department to review contractor cost allocation practices
to ensure that contractor practices are in compliance with the
Cost Accounting Standards and that safeguards and security
costs are not being allocated a disproportionate share of
indirect costs. The Committees on Appropriations should be
informed of the results of this review upon completion.
MANAGEMENT OF NON-NNSA WORK AT NNSA FACILITIES
The conferees direct the Secretary to report promptly to
the House and Senate Committees on Appropriations regarding the
procedures established pursuant to Sections 3264 and 3213 of
Public Law 106-65, as amended by Section 3157 of Public Law
106-398. The report should include written copies of the
tasking agreements, delegations of authority, or other
arrangements that demonstrate compliance with these statutory
provisions.
PROJECT MANAGEMENT
The conferees support language included in the House
report regarding the efforts of the Office of Engineering and
Construction Management (OECM) to improve the Department's
construction and project management.
FACILITIES AND INFRASTRUCTURE
The conferees agree with House language regarding efforts
to strengthen and standardize management of the Department's
facilities and infrastructure (F&I) program and to address
management of all F&I assets. The conferees do not agree with
the House proposal to provide direct funding of all maintenance
in the fiscal year 2004 budget. However, the Department is
directed to ensure that adequate funds are budgeted for
facility maintenance and disposition, and that the amounts
reported in the Integrated Facilities and Infrastructure
crosscut budget will be expended solely for these purposes. Use
of these funds for any other purpose will require advance
approval by the Director, Office of Management, Budget and
Evaluation. The Department is also directed to provide an
annual year-end report on maintenance expenditures to the
Committees on Appropriations.
EXCESS FACILITIES
The conferees agree with House language pertaining to
excess facilities and the requirement to procure
decontamination and decommissioning services and disposal of
excess facilities through an open competitive process.
AUGMENTING FEDERAL STAFF
The conferees agree that the number of management and
operating contractor employees assigned to the Washington
metropolitan area shall not exceed 220 in fiscal year 2003, the
same as the fiscal year 2002 ceiling. The reporting
requirements remain as proposed by the House.
REPROGRAMMING GUIDELINES
The conferees agree with the House language on
reprogramming guidelines. The conference agreement does not
provide the Department of Energy with any internal
reprogramming flexibility in fiscal year 2003 unless
specifically identified by the House, Senate, or conference
agreement. Any reallocation of new or prior year budget
authority or prior year deobligations must be submitted to the
House and Senate Committees on Appropriations in advance, in
writing, and may not be implemented prior to approval by the
Committees.
REDUCTIONS NECESSARY TO ACCOMMODATE SPECIFIC PROGRAM DIRECTIONS
The Department is directed to provide a report to the
House and Senate Committees on Appropriations by March 30,
2003, on the actual application of any general reductions of
funding or applications of prior year balances contained in the
conference agreement. Such reductions are to be applied
proportionately against each program, project, or activity. If
necessary, the Department must submit a reprogramming to
reallocate funds if the proportional reduction unduly impacts a
specific program, project, or activity.
Energy Supply
The conference agreement provides $701,477,000 for Energy
Supply instead of $633,909,000 as proposed by the House and
$815,306,000 as proposed by the Senate.
RENEWABLE ENERGY RESOURCES
The conference agreement provides $422,300,000 instead of
$396,000,000 as proposed by the House and $448,062,000 as
proposed by the Senate for renewable energy resources. The
conference agreement does not include language specifying
funding allocations as contained in the House report and Senate
explanatory statement.
Biomass/biofuels.--The conference agreement includes
$90,000,000 for biomass/biofuels. The conferees have combined
the subprograms for power systems and transportation into a
single program for biomass/biofuels and no longer provide
separate allocations for power systems and transportation. The
Department is directed to fund not less than the budget request
for Integrated Biorefinery Process Development and for
Cellulose to Ethanol Production Facilities. The conferees
direct the Department to continue the Iowa switchgrass project
at agreed-upon levels.
The conference agreement includes $3,000,000 for the
Regional Biomass Energy Program; $3,000,000 for corn bioproduct
research in cooperation with the National Corn Growers
Association; $2,000,000 for the Consortium for Plant
Biotechnology Research; $3,000,000 for the Iroquois Bioenergy
Cooperative in Indiana; $2,000,000 for the Green Institute in
Minnesota for combined heat and power from biomass; $500,000 to
continue hybrid poplar research in Wisconsin; $2,000,000 for
the Biomass Gasification Research Facility in Birmingham,
Alabama; $3,000,000 for the Winona Biomass Project in
Mississippi; $500,000 for the Fibrowatt Mississippi biomass
project; $2,500,000 for a cost-shared agricultural mixed waste
biorefinery in Colorado using thermo-polymerization; $1,000,000
for the oxydiesel demonstration program in California and
Nevada; $2,000,000 for the Michigan Biotechnology Initiative;
$500,000 for the Biomass Energy Resource Center in Burlington,
Vermont; $500,000 for the gasification of switchgrass in Iowa;
$1,000,000 for the National Agricultural-Based Industrial
Lubricants Center; and $400,000 for the Center for Biomass
Utilization at the University of North Dakota.
Geothermal.--The conference agreement includes
$30,000,000 for geothermal activities. The conference agreement
provides an additional $1,400,000 for university research on
geothermal energy and an additional $1,800,000 for Geopowering
the West. The conference agreement also includes $1,000,000 for
the Lake County Basin geothermal project in California and
$1,000,000 for geothermal research at the University of Nevada-
Reno.
Hydrogen.--The conference agreement includes $40,000,000
for hydrogen activities. From within available funds, the
Department is directed to spend not less than $3,000,000 for
the continued development and validation of advanced proton
exchange membrane fuel cells and metal membrane fuel
purification technologies. The conference agreement also
includes $4,000,000 for the Ohio University fuel cell pilot
project; $1,000,000 for fuel cell research and development at
the University of South Alabama Energy Center; $2,000,000 for
the Next Energy fuel cell demonstration project in Michigan;
$2,000,000 for an engineering study and evaluation of solar-
powered thermo-chemical production of hydrogen from water;
$1,000,000 for the fuel cell project at Gallatin County,
Montana; and $1,000,000 for the University of Nevada, Las
Vegas, hydrogen filling station.
Hydropower.--The conference agreement includes $5,300,000
for hydropower.
Solar Energy.--The conference agreement includes
$95,000,000 for solar energy programs. As in fiscal year 2002,
the conferees have combined the concentrating solar power,
photovoltaic energy systems, and solar building technology
subprograms into a single program for solar energy, with the
control level at the solar energy program account level.
The conference agreement includes funding for
continuation of the Million Solar Roofs program at the prior
year level; $2,500,000 for the Southeast and Southwest
photovoltaic experiment stations; $2,500,000 for the Navajo
electrification project; $1,500,000 to continue development of
advanced integrated power modules for photovoltaic
applications; $1,500,000 for the Palo Alto photovoltaic
demonstration project in California; and $115,000 for a
renewable energy demonstration at the Hard Bargain Farm
Environmental Center in Maryland. The conference agreement also
provides $4,000,000 for the National Center for Energy
Management and Building Technology. Within available funds, the
conferees direct the Department to spend not less than
$5,500,000 for the continuation of work on concentrating solar
power.
Wind.--The conference agreement includes $44,000,000 for
wind programs. The Wind Powering America initiative is to be
continued at the fiscal year 2002 funding level. In addition,
the conference agreement includes $500,000 for wind generating
facilities for the Vermont Department of Public Service; and
$1,000,000 for a wind generation facility to serve St. Paul and
Unalaska, Alaska.
The conferees continue to recognize the need for a set-
aside for small wind programs.
Electric energy systems and storage.--The conference
agreement includes $85,000,000 for electric energy systems and
storage. The conference agreement includes the budget request
of $9,000,000 for the joint Oak Ridge and Los Alamos effort to
develop high-performance, low-cost, second-generation, high-
temperature superconducting wire. The control level is at the
electric energy systems and storage program account level.
The conference agreement includes $3,000,000 to continue
field testing of advanced aluminum matrix composite conductors;
$2,000,000 for the PowerGrid project in New Jersey and
Pennsylvania; $3,000,000 for the automated energy distribution
and reliability system in Indiana; $750,000 to Co-Op Plus of
Western Massachusetts for installing and servicing fuel cells
and distributing green electricity; $2,000,000 for the
distributed energy systems integration, demonstration and
technology transition program at the Fuel Cell Test and
Evaluation Center in Pennsylvania; $350,000 for the Microgrid
distributed generation prototype in Vermont; $400,000 for the
Dine Power Authority in New Mexico to continue development of
the Navajo Transmission Project; $5,000,000 for the Upper Lynn
Canal power supply project in Alaska; $5,000,000 for the Swan
Lake-Lake Tyee segment of the Southeastern Alaska Intertie
System; $2,000,000 for the Tok-to-Chistochina transmission
project in Alaska; $1,000,000 to continue development of the
bipolar nickel metal hydride battery storage system; $2,500,000
for research, development, and demonstration of advanced
thermal energy storage technology integrated with renewable
thermal energy technology; and $500,000 for the Natural Energy
Laboratory in Hawaii to continue development and deployment of
distributed energy systems.
Renewable Support and Implementation.--The conference
agreement includes $21,500,000 for renewable support and
implementation.
The conference agreement provides $1,500,000 for
departmental energy management; $4,000,000 for the
international renewable energy program, including $1,250,000
for International Utility Efficiency Partnerships; $5,000,000
for the renewable energy production incentive program;
$6,000,000 for renewable Indian energy resources, including
$1,000,000 for the Council of Renewable Energy Resource Tribes
(CERT) within available funds to provide technical expertise
and training of Native Americans in renewable energy resource
development and electrical generation facilities management;
and $5,000,000 for renewable program support, of which
$1,000,000 is tosupport the National Alliance for Clean Energy
Incubators and $4,000,000 is to continue the efforts of the National
Renewable Energy Laboratory, through a virtual site office in Nevada,
to develop renewable energy resources in the Southwestern United
States.
National Renewable Energy Laboratory.--The conference
agreement provides $5,500,000 for the National Renewable Energy
Laboratory (NREL), including $800,000 for construction and
$500,000 to reduce the maintenance backlog.
Program direction.--The conference agreement includes
$16,000,000 for program direction.
Use of prior year balances.--The conference agreement
includes the use of $10,000,000 of prior year funds to be
carried over from fiscal year 2002 to offset fiscal year 2003
requirements.
NUCLEAR ENERGY
The conference agreement provides $261,688,000 for
nuclear energy activities instead of $213,698,000 as proposed
by the House and $324,108,000 as proposed by the Senate. The
conference agreement does not include language specifying
funding allocations as contained in the House report and Senate
explanatory statement. The conferees revised the fiscal year
2003 budget structure for Radiological Facilities Management
and Idaho Facilities Management to conform to the structure
proposed in the fiscal year 2004 budget request.
Radiological Facilities Management.--The Office of
Nuclear Energy, Science and Technology operates a variety of
facilities and equipment to support the needs of space,
defense, and medical customers who obtain radiological
materials from the Department of Energy on a reimbursable
basis.
Space and defense power systems infrastructure.--The
conference agreement includes $28,950,000 to maintain the
infrastructure necessary to support future national security
needs and National Aeronautics and Space Administration
missions. The Department is directed to provide $2,500,000 for
Neptunium-237 storage and Plutonium-238 production facilities
at Oak Ridge National Laboratory.
Medical isotopes infrastructure.--The conference
agreement includes a total program level of $27,218,000 for the
isotope program. This amount is reduced by offsetting
collections of $6,400,000 to be received in fiscal year 2003,
resulting in a net appropriation of $20,818,000. The conference
agreement includes the request of $1,721,000 for the Isotope
Production Facility at the Los Alamos National Laboratory.
Within available funds, the Department is directed to provide
$600,000 in additional funding for the Cyclotron Isotope
Research Center at Brookhaven National Laboratory. The
conference agreement provides an additional $7,000,000 for
upgrades of the hot cells at the Bethel Valley Hot Cell
Complex.
The conferees recognize the potential medical value of
alpha-emitting isotopes and direct the Department to proceed
expeditiously with the project to extract thorium-229 from
excess uranium-233 stored at Oak Ridge. The Department shall
keep the Appropriations Committees fully informed at the key
decision points in the project development process to ensure
the Department is making sound business decisions on this
project.
University reactor fuel assistance and support.--The
conference agreement includes $18,500,000, an increase of
$1,000,000 over the budget request. The additional funds are
provided for the Department to fund additional regional
university reactor consortia, and the conferees strongly
encourage the Department to request sufficient funding in
future years to fund all meritorious proposals.
Research and development.--The conference agreement
provides $75,000,000 for nuclear energy research and
development activities. The conference agreement includes
$5,000,000 for nuclear energy plant optimization (NEPO),
$25,000,000 for the nuclear energy research initiative (NERI),
and $45,000,000 for nuclear energy technologies.
Within the funds provided for nuclear energy
technologies, the conferees recommend that $1,000,000 be
allocated from within the funds provided for nuclear energy
technologies for the joint DOE and NRC development of a
licensing process that would be risk-informed and technology-
neutral to support the future certification and licensing of
advanced reactor designs. The conference agreement also
provides $2,000,000 within nuclear energy technologies for the
purpose of accelerating the engineering evaluation of an
integrated sulfur/iodine thermo-chemical water-splitting cycle
for coupling with a high temperature nuclear reactor power
source. Of this $2,000,000, the conferees direct that $750,000
be provided to the Research Foundation of the University of
Nevada, Las Vegas, for the purpose of establishing a public-
private partnership to develop and evaluate innovative high
temperature heat exchangers. The conference agreement also
includes $2,000,000 within nuclear energy technologies to begin
design work for a plant to demonstrate the viability of small
modular reactors.
Domestic Enrichment Capability.--The conferees note that
two private firms, the United States Enrichment Corporation and
Louisiana Energy Services, are moving forward with plans to
deploy advanced uranium enrichment technologies in the United
States. The Department is encouraged to make its expertise
available on a reimbursable basis to support these private
sector efforts. However, the interest and capability of the
private sector to address future U.S. enrichment requirements
obviates the need for the Department to pursue its own efforts
on advanced enrichment technologies. The Department should
reserve its limited research resources for those areas that are
not adequately addressed by the private sector.
Fast Flux Test Facility.--The conference agreement
transfers the Fast Flux Test Facility (FFTF) and its associated
funding to the Non-Defense Environmental Management account.
Idaho Facilities Management.--The Department recently
reassigned the lead responsibility for the Idaho National
Engineering and Environmental Laboratory (INEEL) from the
Office of Environmental Management to the Office of Nuclear
Energy, Science and Technology. The conference agreement
provides funding for a number of infrastructure activities
under a new Idaho Facilities Management program account to
reflect the new responsibilities of the Office of Nuclear
Energy, Science and Technology for this site. The conference
agreement provides $42,770,000 for Idaho Facilities Management,
including $31,615,000 for ANL-West operations and $8,815,000
for Test Reactor Area Landlord costs. In future fiscal years,
all Idaho Landlord activities should be included within this
account.
Advanced Fuel Cycle Initiative.--The conference agreement
includes $58,221,000 for spent fuel processing and advanced
fuel cycles. This amount includes $15,450,000 for EBR-II spent
fuel treatment and $2,771,000 for research and development on
pyroprocessing of sodium-bonded spent fuel, the same as the
budget request. The Department has recently proposed an
Advanced Fuel Cycle Initiative (AFCI) that defines the future
research program for technologies to treat spent nuclear fuel
(AFCI Series One) and for advanced fuel cycles (AFCI Series
Two). The conference agreement provides $40,000,000 to support
AFCI applied research. The conferees encourage the Department
to seek active university participation in this research.
In order to ensure that the Department's AFCI can lead to
useful and practical technologies, the Office of Nuclear
Energy, Science and Technology is directed to provide Congress
with an annual AFCI Comparison Report. The report will provide
qualitative and quantitative information to enable Congress to
compare the various technology approaches to managing
commercial spent fuel. The first such report is due by May 30,
2003, and should be updated by May 30 each year thereafter so
long as the Department continues its AFCI research activity.
This report should include comparison matrices that contrast
the advantages and disadvantages of possible fuel treatment and
advanced fuel cycle technologies. The technologies should be
evaluated with respect to energy and chemical inputs, product
and waste stream outputs, proliferation considerations,
estimated R&D and facility life cycle costs (i.e., capital,
operating, and D&D, plus disposal of wastes), and the estimated
number and type of facilities required. If the Department
cannot provide specific, quantitative information (such as for
yet-to-be developed technologies), it should identify in the
matrices the estimated dates by which ongoing R&D will provide
the answers. Today's commercial light water reactor fuel cycle
and spent nuclear fuel disposition should be used as the basis
for comparison and to bound and define performance objectives
for the new technologies.
One matrix should compare spent fuel treatment
technologies, comparing advanced fast reactor systems,
accelerator systems, and other existing and proposed
reprocessing and transmutation technologies (e.g., PUREX, UREX,
UREX+) against the current once-through approach with spent
fuel from light water reactors. The second matrix should
include a similar contrast of the advantages and disadvantages
and facility requirements for advanced fuel cycles, and should
specifically address the six innovative reactor concepts that
the member countries of the Generation IV International Forum
have agreed to pursue. The second fuel cycle matrix should also
include consideration of thorium-uranium and thorium-plutonium
fuel cycles and the gas turbine modular helium reactor.
Within the funds made available for AFCI, the conference
agreement provides funding for the Department to pursue the
recommendations of the joint U.S.-Russia task force on advanced
reactor and fuel cycle technologies. The conference agreement
also includes $1,500,000 for the Idaho Accelerator Center and
$4,500,000 for AFCI-related research by the University of
Nevada at Las Vegas.
Program direction.--The conference agreement includes
$23,439,000 for program direction.
Use of prior year balances.--The conference agreement
includes the use of $6,000,000 of prior year funds to be
carried over from fiscal year 2002 to offset fiscal year 2003
requirements.
ENVIRONMENT, SAFETY AND HEALTH
The conference agreement provides $22,700,000 for non-
defense environment, safety and health activities, which
includes $15,860,000 for program direction.
Under the Science portion of this report, the Office of
Science is directed to submit to the House and Senate Energy
and Water Development Appropriations Subcommittees a report
providing a detailed estimate of the cost of bringing the ten
DOE Office of Science laboratories (named in House Report 107-
112) into compliance with Nuclear Regulatory Commission (NRC)
and Occupational Safety and Health Administration (OSHA)
standards for nuclear safety and worker safety, respectively.
To support this task, the Department is directed to transfer
$2,500,000 to the NRC and $1,300,000 to OSHA. In addition, the
Department is directed to transfer $1,000,000 to OSHA to cover
the costs of OSHA regulation of worker health and safety at
those sites transferred to non-Federal entities and the
Department's non-nuclear facilities not covered under the
Atomic Energy Act.
TECHNICAL INFORMATION MANAGEMENT PROGRAM
The conference agreement moves the Technical Information
Management program from the Energy Supply account to the
Science account.
ENERGY SUPPLY INFRASTRUCTURE
The conference agreement does not include this new
program as proposed by the Senate.
FUNDING ADJUSTMENTS
The conference agreement includes a general reduction of
$5,211,000.
Non-Defense Environmental Management
The conference agreement provides $215,100,000 for Non-
Defense Environmental Management instead of $213,259,000 as
proposed by the House and $176,000,000 as proposed by the
Senate.
Site closure.--The conference agreement includes
$95,000,000 for the West Valley site as proposed by the Senate.
Funding for the program was moved from the Post 2006 program to
the site closure program as proposed by the House.
Site/project completion.--The conference agreement
provides $57,425,000. This includes an additional $15,000,000
for the Brookhaven National Laboratory and the transfer of
$8,847,000 for long-term stewardship activities to a separate
program.
Post 2006 completion.--The conference agreement includes
$22,688,000 for Post 2006 completion activities. This includes
the budget request of $1,848,000 for Los Alamos and $16,740,000
to continue the cleanup activities at the Energy Technology
Engineering Center in California.
Funding of $4,100,000, an increase of $3,134,000, is
provided for the Atlas uranium mill tailings site at Moab,
Utah, to prepare a scientifically sound remediation plan. The
conferees expect the Department to undertake an objective
evaluation of costs, benefits, and risks associated with
remediation alternatives for the site, including removal and
stabilization in place or variations on these two options.
Fast Flux Test Facility.--The conference agreement
includes the budget request of $36,100,000 for the Fast Flux
Test Facility at Richland, Washington, as proposed by the
Senate and transfers the funding from the Energy Supply
appropriation account as proposed by the House.
Long-term Stewardship.--The conference agreement includes
$14,180,000 for long-term stewardship activities as proposed by
the House. The conferees are aware that the Department will be
consolidating long-term stewardship and legacy management
activities in the fiscal year 2004 budget, and these activities
will no longer be managed by the Office of Environmental
Management. Thus, the requirement for a review of the long-term
stewardship program will be addressed as part of the fiscal
year 2004 appropriation.
Excess facilities.--The conference agreement provides the
budget request of $1,841,000 for excess facilities to begin
decontamination and decommissioning of excess facilities in the
environmental management program.
Funding adjustment.--The conference agreement includes an
adjustment of $12,134,000 for the use of prior year balances.
Uranium Facilities Maintenance and Remediation
The conference agreement provides $456,539,000 for
uranium activities instead of $382,154,000 as proposed by the
House and $471,154,000 as proposed by the Senate.
Uranium Enrichment Decontamination and Decommissioning
Fund.--The conference agreement provides $340,329,000 for
activities funded from the uranium enrichment decontamination
and decommissioning (D&D) fund. This amount includes
$324,329,000 for decontamination and decommissioning activities
and $16,000,000 for uranium and thorium reimbursements.
The conference agreement provides an additional
$34,000,000 for cleanup at the Paducah Gaseous Diffusion Plant,
an additional $65,000,000 for the East Tennessee Technology
Park (ETTP), and an additional $15,000,000 for thorium cleanup
reimbursement. The amount provided for decontamination and
decommissioning has been reduced by $9,194,000 to pay for
increased safeguards and security costs that are funded under
the Defense Environmental Restoration and Waste Management
account.
The General Accounting Office (GAO) is directed to
conduct a study of the cleanup progress at the Paducah Gaseous
Diffusion Plant in Paducah, Kentucky. Not later than six months
after the date of enactment of this Act, the GAO shall submit a
report to the House and Senate Committees on Appropriations,
the Senate Energy and Natural Resources Committee, and the
House Energy and Commerce Committee on the results of this
study. The conferees direct the GAO not to displace any other
requests by the House and Senate Committees on Appropriations.
Other Uranium Activities.--The conference agreement
provides $141,210,000 for other uranium activities. The
conference agreement provides the requested amounts for the
East Tennessee Technology Park, the Paducah Gaseous Diffusion
Plant, and the Portsmouth Gaseous Diffusion Plant. The amount
provided has been reduced by $5,421,000 to pay for increased
safeguards and security costs that are funded under the Defense
Environmental Restoration and Waste Management account.
Funding adjustment.--The conference agreement includes
the use of $25,000,000 of prior year balances.
Science
The conference agreement provides $3,305,894,000 instead
of $3,271,233,000 as proposed by the House and $3,329,456,000
as proposed by the Senate. The conference agreement does not
include language specifying funding allocations as contained in
the House report and Senate explanatory statement.
High energy physics.--The conference agreement provides
$726,990,000 for high energy physics. The conferees have
provided an additional $2,000,000 for operations and activities
of the program.
Nuclear physics.--The conference agreement provides
$384,370,000 for nuclear physics. The conferees encourage the
Department to use these additional funds to enhance operation
of the Relativistic Heavy Ion Collider (RHIC) at the Brookhaven
National Laboratory and the Continuous Electron Beam
Accelerator Facility at the Thomas Jefferson National
Accelerator Facility, and to continue research and development
and preconceptual design in support of the Rare Isotope
Accelerator.
Biological and environmental research.--The conference
agreement includes $530,000,000 for biological and
environmental research. The conference agreement provides
$7,000,000 for the Savannah River Ecology Laboratory,
$20,000,000 in total funding for the low dose effects program,
continues the free air carbon dioxide experiments at the
current year level, and provides $2,000,000 in additional
funding for the EMSL computer. The conference agreement also
includes $4,000,000 for research on arsenic removal.
The conference agreement includes $3,800,000 for
infrastructure and equipment for the Wittenberg University
Science Center; $3,000,000 for the University of South Alabama
Cancer Center; $2,000,000 for the Institute for Biomedical
Science and Biotechnology at the University of Arizona;
$1,200,000 for the University of Southern Florida Center for
Biological Defense; $1,000,000 for the Barry University
Minority Science Center in Florida; $1,000,000 for the
Riverside Hospital Regional Cancer Center in Illinois; $500,000
for the Stanley Scott Cancer Center in Louisiana; $500,000 for
the Western Michigan University Nanoscience Research and
Computational Institute; $1,000,000 for the North Mississippi
Health Services Positron Emission Tomography Cancer Center;
$500,000 to upgrade the Drew University Hall of Science in New
Jersey; and $500,000 for the Environmental Systems Center at
Syracuse University in New York.
The conference agreement includes $4,600,000 for a Purdue
University technology incubator in northwest Indiana;
$1,000,000 for the University of Notre Dame College of
Engineering Multidisciplinary Research Facility; $500,000 for
vocational education programs at the Los Angeles Trade
Technical College; $500,000 for the fuel cell advanced
materials and demonstration project at Humboldt State
University in California; $650,000 for the National Center for
Neurogenetic Research and Computational Genomics at the
University of Southern California; $500,000 for the
bioengineering research program at the University of Illinois
at Chicago; $500,000 for the Pioneer Valley Life Sciences
Initiative between the University of Massachusetts and the
Baystate Medical Center; $250,000 for the Hampshire College
National Center for Science Education in Massachusetts;
$500,000 for the Audubon Biomedical Science and Technology Park
at Columbia University in New York; $500,000 for the Center for
Sustainable Energy at the Bronx Community College in New York;
and $500,000 for the Green Chemistry Project at Carnegie Mellon
University in Pennsylvania.
The conference agreement includes $10,000,000 for
operations and capital investments at the Mental Illness and
Neuroscience Discovery Institute; $2,000,000 for the University
of Missouri-Columbia nuclear medicine and cancer research
program; $1,000,000 for the University of Southern Maine School
of Applied Sciences, Engineering, and Technology; $1,000,000
for the Center for Environmental Radiation Studies at Texas
Tech University; $500,000 for the Legume Genome Initiative at
the University of Oklahoma; and $500,000 for the University of
Northern Iowa Existing Business Enhancement Program.
The conference agreement includes $1,000,000 for the
University of Louisiana-LaFayette National Wetlands Research
Center; $1,000,000 for the Medical University of South
Carolina; $500,000 for a Magnetic Resonance Microscope at the
Children's Hospital of Los Angeles; $500,000 for a PET/CT
scanner at Christiana Care Health System in Delaware; $500,000
for the Natural Energy Laboratory in Hawaii; $500,000 for a CT
scanner at Edward Hospital in Illinois; $500,000 for the
University of Massachusetts at Boston Multidisciplinary
Research Facility and Library; $1,000,000 for the Nevada Cancer
Institute; $500,000 for the Inland Northwest Natural Resources
Research Center at Gonzaga University; $500,000 for the Morgan
State University Center for Environmental Toxicology; $450,000
for nanotechnology applications at Western Michigan University
in partnership with Altair; $250,000 for the International
Water Institute; $450,000 for the New York University Genomics
Project; $1,000,000 for the linear accelerator at the
University Medical Center of Southern Nevada; $500,000 for the
Indiana Genomics Initiative at Indiana University; $250,000 for
the Boston University Photonics Center; $100,000 for the Nevada
Space Grant Consortium at the Desert Research Institute; and
$500,000 for the Public Health Research Institute Rapid
Detection for Bioterrorism program in New Jersey.
Basic energy sciences.--The conference agreement includes
$1,030,000,000 for basic energy sciences. The conference
agreement includes $551,378,000 for materials sciences and
engineering research, and $221,551,000 for chemical sciences,
geosciences, and energy biosciences. For purposes of
reprogramming in fiscal year 2003, the Department may
reallocate funding among all operating accounts within Basic
Energy Sciences.
The conference agreement provides the requested amounts
of $210,571,000 for construction of the Spallation Neutron
Source, $6,000,000 for project engineering and design (PED) for
the Linac Coherent Light Source at the Stanford Linear
Accelerator Center, and $24,000,000 for the design and
construction of the Oak Ridge Center for Nanophase Materials
Sciences. The conference agreement provides $4,500,000 in
additional funding to complete PED and initiate construction of
the Center for Integrated Nanotechnologies, and an additional
$1,000,000 to initiate PED in fiscal year 2003 for the
Brookhaven Center for Functional Nanomaterials.
The conference agreement also provides $11,985,000 for
the Experimental Program to Stimulate Competitive Research
(EPSCoR).
Advanced scientific computing research.--The conference
agreement includes $172,625,000 for advanced scientific
computing research (ASCR), an increase of $3,000,000 over the
budget request. The conferees provide these additional funds
for the Department to pursue alternative approaches to advance
the United States capability in advanced scientific computing.
The recent developments by the Japanese on scientific
supercomputing are cause for concern. The conferees strongly
support DOE's role in Advanced Scientific Computing development
missions, and will consider a request for reprogramming of
fiscal year 2003 funds in order for U.S. manufacturers and
laboratories to address the recent developments by Japan
relating to the Earth Simulator.
Energy research analyses.--This activity is transferred
as a subprogram under Science Program Direction.
Science laboratories infrastructure.--The conference
agreement provides $45,680,000 for science laboratories
infrastructure, including a total of $8,000,000 for excess
facilities disposition.
Fusion energy sciences.--The conference agreement
includes $250,000,000 for fusion energy sciences, an increase
of $1,505,000 over fiscal year 2002. The conferees note that
the fiscal year 2002 funding level included $19,604,000 for the
completion of decontamination and decommissioning of the
Tokamak Fusion Test Reactor (TFTR), leaving $228,891,000
available for fusion research and facility operations in fiscal
year 2002. By comparison, the conference agreement for fiscal
year 2003 makes this $19,604,000, plus an additional
$1,505,000, available for fusion research and facility
operations, an increase of 9.2 percent over the comparable
amount available in fiscal year 2002.
Within the funding available for fusion energy sciences,
the Department should make additional funding of $1,500,000
available to the Princeton Plasma Physics Laboratory to support
the National Spherical Torus Experiment (NSTX) research, NSTX
operations, and preliminary design for the National Compact
Stellarator Experiment (NCSX). Within available funding, the
Department should report back to the Appropriations Committees
no later than August 1, 2003, with an evaluation of the ``fast
ignition'' concept and with any recommendations regarding the
schedule and milestones of the High Energy Density Physics
Program.
Safeguards and security.--The conference agreement
includes $48,765,000 for safeguards and security activities at
laboratories and facilities managed by the Office of Science.
The additional $638,000 over the budget request represents a
transfer from Weapons Activities for the costs of safeguards
and security at Building 3019 at Oak Ridge National Laboratory.
Science workforce development.--The conference agreement
provides $5,460,000 for science workforce development. This
activity had previously been funded as the Science Education
subprogram within Program Direction.
Science program direction.--The conference agreement
includes $136,387,000 for science program direction. This
amount includes $72,403,000 for field offices, $55,984,000 for
headquarters, $7,000,000 for the Technical Information
Management program (transferred from the Energy Supply
account), and $1,000,000 for Energy Research Analyses. The
control level for fiscal year 2003 is at the program account
level of Science Program Direction.
External regulation.--Funds are provided in the
Environment, Safety and Health (non-defense) account within the
Energy Supply appropriation for the Nuclear Regulatory
Commission (NRC) and the Occupational Safety and Health
Administration (OSHA) to conduct compliance audits of the ten
DOE Science laboratories. The Office of Science should use this
information to develop estimates of the costs needed to bring
these ten laboratories into compliance with NRC and OSHA safety
standards. The Office of Science, in cooperation with NRC and
OSHA, should complete the compliance audits and cost estimates
for an initial set of four representative Science laboratories
not later than September 30, 2003, and for all remaining
Science laboratories by March 31, 2004. The Office of Science
is directed to submit a report to the House and Senate Energy
and Water Development Appropriations Subcommittees summarizing
the audit results and cost estimates for all ten laboratories
not later than April 30, 2004.
Funding adjustments.--A general reduction of $20,000,000
has been applied to this account.
Nuclear Waste Disposal
The conference agreement provides $145,000,000 for
Nuclear Waste Disposal, instead of $209,702,000 as proposed by
the House and $56,000,000 as proposed by the Senate. When
combined with the $315,000,000 appropriated from the Defense
Nuclear Waste Disposal account, a total of $460,000,000 will be
available for program activities in fiscal year 2003. The
conference agreement includes not to exceed $2,500,000 for the
State of Nevada and $7,000,000 for affected units of local
government. The conferees direct the Department to provide
$2,000,000 to Clark County, Nevada, to study and demonstrate
the integration of emergency response planning systems and
advanced transportation technologies. The conferees further
direct that $2,500,000 be provided to the Research Foundation
of the University of Nevada, Las Vegas, for continuing and
expanding its efforts in ground water characterization and
research into the transport and fate of radionuclides in the
vicinity of the Yucca Mountain repository.
Departmental Administration
The conference agreement provides $309,872,000 for
Departmental Administration expenses instead of $249,259,000 as
proposed by the House and $295,587,000 as proposed by the
Senate. Funding adjustments include the transfer of $87,468,000
from Other Defense Activities and the use of $15,000,000 of
prior year balances. Revenues of $120,000,000, a reduction of
$17,524,000 from the budget request, are estimated to be
received in fiscal year 2003, resulting in a net appropriation
of $87,404,000.
Specific funding levels for each Departmental
organization are provided in the accompanying table.
Engineering and construction management reviews.--The
conference agreement provides $5,000,000 for the Office of
Engineering and Construction Management for external
independent reviews of proposed projects and programs.
Cybersecurity and secure communications.--The conferees
have provided $30,000,000 for cybersecurity and secure
communications.
Corporate management information program.--The conferees
have provided $15,000,000 for the Department's Corporate
Management Information Program.
Cost of work for others.--Since initiating direct
budgeting and funding of safeguards and security activities,
the Department has used the cost of work for others program to
fund reimbursable safeguards and security costs incurred for
work performed for other Federal agencies. This was originally
planned to be a one-year transitional fix; however, the
Department has continued to use this procedure beyond that
time. The conferees expect the Department to submit to the
Committees on Appropriations a proposal that would allow the
direct funding of these costs within each program account in
fiscal year 2004.
Reprogramming guidelines.--The conference agreement
provides reprogramming authority of $1,000,000 or 10 percent,
whichever is less, within the Departmental Administration
account without prior submission of a reprogramming to be
approved by the House and Senate Committees on Appropriations.
No individual program account may be increased or decreased by
more than this amount during the fiscal year using this
reprogramming authority. Congressional notification within 30
days of the use of this reprogramming authority is required.
Transfers which would result in increases or decreases in
excess of $1,000,000 or 10 percent to an individual program
account require prior notification and approval.
OFFICE OF THE INSPECTOR GENERAL
The conference agreement provides $37,671,000 for the
Inspector General as proposed by the House and the Senate.
Atomic Energy Defense Activities
National Nuclear Security Administration
The National Nuclear Security Administration (NNSA), a
semi-autonomous agency within the Department of Energy, manages
the Nation's nuclear weapons, nuclear nonproliferation, and
naval reactors activities.
Availability of funds.--The conference agreement makes
funds appropriated to the NNSA available until expended as
proposed by the Senate.
Other provisions.--The conference agreement includes
language authorizing $12,000,000 to be appropriated for Project
03-D-102, LANL administration building, at Los Alamos National
Laboratory, and $113,000,000 to be appropriated for Project 01-
D-108, Microsystems and engineering science applications
(MESA), at Sandia National Laboratories, in New Mexico.
The conference agreement does not include bill language
proposed by the House limiting the obligation of funds until
the Nuclear Weapons Council certifies the Selected Acquisition
Reports, limiting the obligation of funds until the NNSA
budgets by weapons system, or providing $10,000,000 to upgrade
financial systems to track costs by weapons system. Each of
these issues is addressed further in the statement of the
managers.
Future Years Nuclear Security Program.--The conferees
agree with the House language pertaining to the inadequate
multi-year programming and budgeting information and direct the
NNSA to contract for an independent assessment of the NNSA's
planning, programming, and budgeting system, including its
comparability to that of the Department of Defense.
Strategic weapons modernization.--The conferees direct
the Secretary of Energy in conjunction with the Secretary of
Defense to provide a report to the Appropriations and Armed
Services Committees of Congress providing a specific inventory
objective for each nuclear weapon system by year and in total
through 2012; an indication of the likely number of warheads
that must be modernized and why; and an estimate of the cost in
then-year dollars to perform such modernization. This report is
due to the Congressional defense committees not later than
March 15, 2003.
Selected Acquisition Reports.--The conferees direct NNSA
to submit Selected Acquisition Reports to Congress in fiscal
year 2004 and subsequent fiscal years in an identical manner to
those submitted by the Department of Defense. NNSA shall use
the title ``Selected Acquisition Report'', use the Department
of Defense standard format and classification methodology, and
include identical types of information on program cost,
schedule, and contractor performance.
Budget and accounting for nuclear weapons systems.--The
conferees understand that the Department is implementing a
pilot project to budget and account for costs by weapons system
and expect to be kept informed by the Administrator of the NNSA
and the Department's Chief Financial Officer on the status of
this project.
Cerro Grande Fire Funds.--The conferees direct that the
Secretary not defer, deobligate, withdraw to headquarters,
reserve for contemplated future rescissions, reprogram or
otherwise adversely affect the planned and continuing
expenditure of funds previously made available for Cerro Grande
fire activities unless a reprogramming is submitted in advance
and approval received from the House and Senate Committees on
Appropriations.
Weapons Activities
The conference agreement provides $5,954,204,000 for
Weapons Activities instead of $5,772,068,000 as proposed by the
House and $6,108,959,000 as proposed by the Senate.
Reprogramming.--The conference agreement provides limited
reprogramming authority within the Weapons Activities account
without submission of a reprogramming to be approved in advance
by the House and Senate Committees on Appropriations. The
reprogramming thresholds will be as follows: directed stockpile
work, science campaigns, engineering campaigns, inertial
confinement fusion, advanced simulation and computing, pit
manufacturing and certification, readiness campaigns, and
operating expenses for readiness in technical base and
facilities. This should provide the needed flexibility to
manage these programs.
In addition, funding of not more than $5,000,000 may be
transferred between each of these categories and each
construction project subject to the following limitations: only
one transfer may be made to or from any program or project; the
transfer must be necessary to address a risk to health, safety
or the environment or to assure the most efficient use of
weapons activities funds at a site; and funds may not be used
for an item for which Congress has specifically denied funds or
for a new program or project that has not been authorized by
Congress.
Congressional notification within 15 days of the use of
this reprogramming authority is required. Transfers during the
fiscal year which would result in increases or decreases in
excess of $5,000,000 or which would be subject to the
limitations outlined in the previous paragraph require prior
notification and approval from the House and Senate Committees
on Appropriations. Failure to notify the Committees within the
15-day period will result in denial of the reprogramming.
Directed stockpile work.--The conference agreement
includes the budget request of $1,234,467,000 for directed
stockpile work as proposed by the House and the Senate.
Campaigns.--Funding for individual campaigns is shown on
the accompanying table. The conferees agree with the House
language requesting detailed project baseline data for each
campaign showing the total, annual, and five-year costs,
schedule, scope, and deliverables for individual project
activities as part of the annual budget request.
From within funds provided for the various campaigns,
$2,175,000 is provided for the University Research Program in
Robotics. An additional $2,175,000 is provided for the robotics
program in the environmental management program.
For science campaigns, the conference agreement provides
$255,468,000, an increase of $20,000,000 over the budget
request. The conference agreement provides $47,159,000 for
primary certification as proposed by the Administration. In the
dynamic materials properties program, the conferees have
provided $5,000,000 for materials properties studies using the
capabilities of the Nevada Test Site and the budget request of
$13,110,000 for university partnerships. In the advanced
radiography program, funding of $20,000,000 is provided to
continue research, development and conceptual design activities
for an advanced hydrodynamics test facility and an additional
$5,000,000 to fund other experiments that might be conducted in
the Contained Firing Facility.
For engineering campaigns, the conference agreement
provides $233,697,000, a reduction of $5,713,000 from the
budget request. Enhanced surety is funded at $32,000,000, as
proposed by the Senate.
For inertial confinement fusion, the conference agreement
provides $504,293,000, an increase of $52,500,000 over the
budget request, and includes several program funding
adjustments. The conference agreement includes $10,000,000 for
the Naval Research Laboratory, the same as the budget request.
Funding of $22,000,000 has been provided to further development
of high average power lasers.
The conference agreement includes $36,400,000, the same
as the budget request, for the on-going program at the
Laboratory for Laser Energetics at the University of Rochester.
An increase of $13,000,000 over the budget request is provided
for the University of Rochester for the Omega Extended
Performance Facility to enhance the capabilities of the Omega
facility in support of the nation's stockpile stewardship
program by providing additional high-energy, high-intensity
beams to be used with the existing Omega facility.
The conference agreement provides an additional
$8,000,000 for enhanced National Ignition Facility (NIF)
diagnostics and/or cryogenic target activities, and
$214,045,000, the same as the budget request, for continued
construction of the NIF.
For petawatt laser capabilities, funding of $5,000,000 is
provided to modify the beamlet laser at the Sandia National
Laboratories and $1,000,000 is provided for technical community
activities in developing critical short-pulse, high power laser
technology.
The conferees have provided an additional $3,500,000 for
university grants/other ICF support. This includes $2,500,000
for installation, operation, and continued research and
development on a petawatt laser at the University of Nevada-
Reno, and $1,000,000 for short pulse, high power laser
development at the University of Texas.
For advanced simulation and computing, the conference
agreement provides $704,335,000, as proposed by the Senate. The
NNSA is directed to commission two independent studies as
proposed by the Senate. These reports are due to the Committees
on Appropriations by August 1, 2003.
For pit manufacturing and certification, the conference
agreement provides $222,000,000, an increase of $27,516,000
over the budget request of $194,484,000. The increase will
ensure that the NNSA maintains its commitment to produce a
certifiable W88 pit by 2003 and a certified W88 pit by 2007.
The NNSA has refused to request funds consistent with its own
project plan submitted in September 2001. As directed by the
Senate explanatory statement, the NNSA is to provide a revised
pit production and certification plan to the relevant
Congressional committees by March 31, 2003, and annually
thereafter. To ensure that all sites under study for the modern
pit facility receive full and equal consideration, the
conferees recognize that future land withdrawal action by
Congress may be required to proceed with construction of the
facility.
For readiness campaigns, the conference agreement
provides $213,752,000, a reduction of $8,065,000 from the
budget request. Funding for the tritium readiness campaign
includes $42,734,000 for operating expenses as proposed by the
Senate and an additional $5,335,000 to complete dismantlement
of the Accelerator Production of Tritium program.
Readiness in technical base and facilities.--For
readiness in technical base and facilities, the conference
agreement provides $1,832,222,000, an increase of $143,993,000
over the budget request, and includes several funding
adjustments.
Within funds provided for operations of facilities, the
conferees direct that, at a minimum, an additional $25,000,000
be provided for the Pantex Plant in Texas and an additional
$20,000,000 be provided for the Y-12 Plant in Oak Ridge,
Tennessee, as proposed by the House. The conference agreement
includes an additional $6,000,000 for the Z machine operations
at Sandia and $3,000,000 for technology transfer activities as
proposed by the Senate. The conferees encourage the Department
to utilize the UNLV Research Foundation and other academic
institutions to facilitate such technology transfer activities
at the Nevada Test Site.
The conference agreement provides $56,725,000 for
activities at the Nevada Test Site and an additional
$23,500,000 for the National Center for Combating Terrorism for
facility upgrades, refurbishments, equipment, and operation and
maintenance.
Funding of $638,000 has been transferred to the Office of
Science safeguards and security program to support weapons-
related activities at the Oak Ridge National Laboratory.
Within funds provided for program readiness, the
conference agreement includes $60,000,000 to maintain Nevada
Test Site readiness and $6,164,000 for activities related to
the TA-18 relocation to Nevada. The conference agreement
provides the budget request of $15,000,000 for enhanced test
readiness. The Department is directed to notify the House and
Senate Committees on Appropriations before any of these funds
are obligated in fiscal year 2003.
Within funds provided for special projects, the
conference agreement includes $600,000 for the Oral History of
the Nevada Test Site; $6,900,000 for the New Mexico Education
Enrichment Foundation; $2,500,000 for the National Museum of
Nuclear Science and History relocation project; $500,000 for
the Atomic Testing History Institute; $1,000,000 for the UNLV
Research Foundation; $3,000,000 to update aircraft navigational
and other related avionics; and the budget request for the Los
Alamos County Schools. Within available funds, the conferees
urge NNSA to conduct a field installation of the truck stopping
device developed by Lawrence Livermore National Laboratory and
to continue research on bridges and new techniques for scanning
shipping containers.
The conference agreement includes $103,816,000 for
materials recycling, an increase of $5,000,000 over the budget
request for activities at the Y-12 Plant in Tennessee as
proposed by the House.
The conference agreement includes the budget request of
$17,721,000 for containers, $14,593,000 for storage, and
$91,000,000 for nuclear weapons incident response.
Construction projects.--For construction projects, the
conference agreement includes adjustments proposed by the
Department to the budget request for several projects to
reflect the latest program planning assumptions. In addition,
the conference agreement provides $12,000,000 for Project 03-D-
102, LANL administration building replacement project, and
$113,000,000 for Project 01-D-108, Microsystems and Engineering
Sciences Applications Complex at Sandia, in New Mexico.
Facilities and infrastructure recapitalization.--The
conference agreement includes the budget request of
$242,512,000 for the facilities and infrastructure (F&I)
recapitalization program. The conferees agree with the House
language to procure decontamination, decommissioning and
demolition services through an open competitive process. At
least $50,000,000 is to be used to dispose of excess
facilities.
Secure Transportation Asset.--The conference agreement
provides the budget request of $152,989,000 for secure
transportation asset.
Safeguards and security.--The conference agreement
includes $526,254,000, an increase of $16,300,000 over the
budget request, for safeguards and security activities at
laboratories and facilities managed by the National Nuclear
Security Administration.
Funding adjustments.--The conference agreement includes
an adjustment of $28,985,000 for a security charge for
reimbursable work, as proposed in the budget, and a general
reduction of $138,800,000.
Defense Nuclear Nonproliferation
The conference agreement provides $1,113,630,000 for
Defense Nuclear Nonproliferation instead of $1,167,630,000 as
proposed by the House and $1,115,630,000 as proposed by the
Senate.
Availability of funds.--The conference agreement makes
the funds available for obligation until expended as proposed
by the Senate.
Nonproliferation and verification research and
development.--The conference agreement provides the budget
request of $283,407,000 for nonproliferation and verification
research and development. This includes $20,160,000, the same
as the budget request, for ground-based systems for treaty
monitoring.
From within available funds for research and development
activities, $10,000,000 is provided to support ongoing
activities at the Remote Sensing Test and Evaluation Center at
the Nevada Test Site. The conferees encourage the Department to
use a portion of the additional funds provided to the Remote
Sensing Test and Evaluation Center to support applied research
activities related to national security at UNLV and other
universities that are participating in cooperative ventures at
the Nevada Test Site.
The conference agreement provides $3,000,000 for the
Incorporated Research Institutions for Seismology PASSCAL
Instrument Center. The conferees expect the NNSA to conduct a
site-wide survey of the Iowa Army Ammunition Plant in
Middletown, Iowa, for radiological contamination as proposed by
the Senate. Within available funds, the NNSA is directed to
provide $10,000,000 for the sustained development of advanced
technologies needed to counter nuclear terrorism threats and
focus on improving capability through research and development.
The conferees continue to support more opportunity for
open competition in appropriate areas of the nonproliferation
and verification research and development program. The
conferees expect the Department to continue to implement
recommendations provided by the external review group in
support of open competition and direct the Department to
continue a free and open competitive process for at least 25
percent of its research and development activities during
fiscal year 2003 for ground-based systems treaty monitoring.
The competitive process should be open to all Federal and non-
Federal entities.
The conferees direct the Department to identify ways to
increase competition to ensure that the best possible
researchers in the private sector and academia are provided the
opportunity to compete for nonproliferation research and
development funds and to contribute to these critical national
security programs. In this time of increased threats to the
nation, the Department should make every effort to seek out new
and innovative ideas and concepts beyond those developed by the
Department's own contractors.
The conferees request an annual report on the
nonproliferation and verification research and development
program that includes each major research project with the
total baseline cost, cost by year, scope, schedule,
deliverables, entity performing the research, and proposed
user. This report in an unclassified form with a classified
appendix as necessary is due to the Committees on
Appropriations on March 15, 2003, and annually thereafter. The
Department should work with the Committees to ensure the
appropriate level of detail.
Nonproliferation and international security.--The
conference agreement provides the budget request of $92,668,000
for nonproliferation and international security.
Nonproliferation programs with Russia.--The conferees
continue to be concerned that too much of the money for Russian
programs is being spent in the United States at the Department
of Energy's own facilities rather than going to the facilities
in Russia. The Department is directed to submit a plan to the
Committees on Appropriations that shows how the ratio of the
funding within each program that is spent in Russia versus the
funding that remains the United States for the Department's
contractors will be increased significantly in each subsequent
fiscal year.
International materials protection, control and
cooperation (MPC&A).--The conference agreement includes
$233,077,000, the same as the budget request, for the MPC&A
program. From within available funds, the conference agreement
provides at least $15,000,000 for expanded activities within
the Second Line of Defense program that is responsible for
improving border and transportation security. The conferees
support expanded program work in major transit/transportation
hubs and ports in countries other than Russia and the Newly
Independent States. The conference agreement also provides
$5,000,000 for the radiological dispersion devices (RDD)
program to protect, control and account for RDD materials in
countries other than Russia and the Newly Independent States.
Accelerated Highly Enriched Uranium (HEU) Disposition.--
The conference agreement provides $14,000,000 to develop and
implement efforts with the Russian Federation for blending or
otherwise securing highly enriched uranium. These efforts may
include the purchase of highly enriched uranium from the
Russian Federation and transporting it to the United States.
This program is in addition to the U.S./Russian HEU Agreement
to blend down 500 metric tons of highly enriched uranium over
twenty years.
Russian Transition Initiatives.--The conference agreement
provides $39,334,000, the same as the budget request, for the
Initiatives for Proliferation Prevention program and the
Nuclear Cities Initiative.
HEU transparency implementation.--The conference
agreement provides $17,229,000, the same as the budget request.
International nuclear safety.--The conference agreement
provides $11,576,000, a reduction of $3,000,000 from the budget
request, for the international nuclear safety program, as
proposed by the House.
Elimination of weapons-grade plutonium production.--The
conference agreement includes the budget request of $49,339,000
for the elimination of weapons-grade plutonium production
program. The conferees strongly support the Department's
efforts to provide an open procurement competition to find the
best-qualified contractor to implement this program and have
not included language to limit repayment of program
expenditures.
Fissile materials disposition.--The conference agreement
provides $48,000,000 for fissile materials disposition, the
same as the budget request. At the request of the Department,
funding of $2,000,000 was transferred from operating expenses
to Project 99-D-141, Pit disassembly and conversion facility,
and $6,372,000 was transferred from Project 01-D-407, highly
enriched uranium blend down, to operating expenses.
Program direction.--The conference agreement does not
provide any program direction funds in this account as proposed
by the Senate. Program direction funding for the Defense
Nuclear Nonproliferation office will be identified separately
within the Office of the Administrator account.
Funding adjustments.--The conference agreement includes
funding adjustments of $75,000,000. This includes the use of
$68,000,000 of prior year balances and the additional
$7,000,000 remaining from completion of Project 00-D-192,
Nonproliferation and international security center.
Naval Reactors
The conference agreement provides $706,790,000 for Naval
Reactors, the same as the budget request. These funds are to
remain available until expended as proposed by the Senate.
OFFICE OF THE ADMINISTRATOR
The conference agreement provides $330,929,000 for the
Office of the Administrator instead of $261,929,000 as proposed
by the House and $335,929,000 as proposed by the Senate. These
funds are available for obligation through September 30, 2003,
as proposed by the House. Statutory language providing $12,000
for official reception and representation expenses has also
been included.
The conferees urge the Administrator of NNSA to provide
at least $5,000,000 for the NNSA Office of Project Management
and Engineering Support to continue its project oversight work
and to provide training and mentoring programs to improve the
skills of NNSA program and project managers.
Defense Nuclear Nonproliferation.--The conference
agreement provides $57,000,000 for the Federal employees in the
Office of Defense Nuclear Nonproliferation. None of these funds
may be taxed by the NNSA for any purpose without prior
notification and approval by the House and Senate Committees on
Appropriations.
Environmental and Other Defense Related Activities
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
The conference agreement provides $5,470,180,000 for
Defense Environmental Restoration and Waste Management instead
of $4,543,661,000 as proposed by the House and $5,370,532,000
as proposed by the Senate. Additional funding of $1,138,314,000
is contained in the Defense Facilities Closure Projects account
and $158,399,000 in the Defense Environmental Management
Privatization account for a total of $6,766,893,000 provided
for all defense environmental management activities.
Accelerated cleanup funding.--The conference agreement
has merged funds proposed for the Environmental Management
Cleanup Reform account into the appropriate existing
appropriation accounts rather than providing a lump sum in a
separate appropriation account as proposed by the
Administration.
Reprogramming authority.--The conferees support the need
for flexibility to meet changing funding requirements and have
provided internal reprogramming authority as proposed by the
House.
Site/project completion.--Total funding of $990,950,000
is provided for site/project completion. The conference
agreement provides additional funding to accelerate cleanup at
the following sites: $40,000,000 for the Savannah River Site in
South Carolina; $5,000,000 for the Idaho site; $141,000,000 for
the Hanford site in Richland, Washington; $8,000,000 for Sandia
National Laboratories in New Mexico; $5,000,000 for the Pantex
plant in Texas; and $4,000,000 to expedite the remediation and
conveyance of up to 2,000 acres of land for the use of Pueblo
of San Ildefonso and approximately 100 acres to the County of
Los Alamos consistent with the direction of section 632 of
Public Law 105-119.
Funding of $7,000,000 for the Savannah River Ecology
Laboratory is included in the Office of Science in fiscal year
2003.
Funding of $8,800,000 is transferred from operating
expenses at the Savannah River Site to a new construction
project, Project 03-D-414, Preliminary Project Engineering and
Design, to initiate design activities for the salt waste
processing facility and an additional glass waste storage
building.
Post 2006 completion.--The conference agreement provides
total funding of $3,322,367,000 for post 2006 completion. The
conference agreement provides additional funding to accelerate
cleanup at the following sites: $176,000,000 for the Savannah
River Site in South Carolina; $54,000,000 to accelerate
remediation, waste management, and nuclear materials
stewardship activities at Los Alamos National Laboratory;
$40,000,000 to accelerate cleanup at the Oak Ridge Reservation
in Tennessee; $33,000,000 to accelerate cleanup at the Nevada
Test Site; $22,000,000 to accelerate cleanup activities at the
Lawrence Livermore National Laboratory; and $2,000,000 to
accelerate cleanup activities in Alaska.
Additional funding of $105,000,000 is provided for the
Idaho site. From within these funds, $2,000,000 is for the
national spent nuclear fuel program; $4,000,000 is for the
Subsurface Science Research Institute operated by the Inland
Northwest Research Alliance and the INEEL; and the Department
is directed to pay its Title V air permitting fees at the INEEL
consistent with prior year levels.
The conferees are aware that the district court has
ordered the parties to enter into mediation to resolve the Pit
9 issue at Idaho. The conferees commend that initiative and
encourage the pursuit of action to avert continued costly and
protracted litigation. The conferees expect the Department to
participate directly in that mediation, not through the
contractor. If mediation is not successful, the conferees
expect the Department to initiate and participate in
arbitration to resolve this dispute.
Additional funding of $63,000,000 is provided for the
Hanford site in Richland, Washington, to accelerate cleanup of
the River Corridor and tank waste management activities. From
within available funds, $600,000 is provided for State of
Oregon oversight activities, and funding at the fiscal year
2002 level is provided for the Hazardous Materials Management
and Emergency Response (HAMMER) training and education center.
The conferees understand that the HAMMER facility will seek
another source of funding and be moved from the environmental
management program after fiscal year 2003. The Department is
expected to continue making PILT payments at last year's level
to counties that have the Hanford reservation within their
boundaries.
Additional funding of $20,000,000 is provided to the
Carlsbad field office. This includes $14,000,000 to accelerate
shipping and disposing of transuranic waste throughout the
complex; $3,500,000 to be made available to the Carlsbad
community for educational support, infrastructure improvements,
and related initiatives to address the impacts of accelerated
operations; and $2,500,000 to continue the U.S.-Mexico Border
Health Commission/Materials Corridor Partnership Initiative.
From within available funds, $36,732,000 has been
transferred to the safeguards and security program to offset
increased security costs in fiscal year 2003.
Office of River Protection.--The conference agreement
provides $1,126,988,000, an increase of $229,000,000 over the
budget request, for the Office of River Protection at the
Hanford site in Washington. Funding of $619,000,000 has been
provided for Project 01-D-416, the Hanford Waste Treatment
Plant, to vitrify the high-level waste in underground tanks.
Uranium enrichment decontamination and decommissioning
(UED&D) fund.--The conference agreement includes the budget
request of $442,000,000 for the Federal government's
contribution to the UED&D fund.
Science and technology development.--The conference
agreement provides $118,175,000 for the science and technology
development program. The conference agreement includes
$4,000,000 to continue the international agreement with AEA
Technology; $7,000,000 for the Department's current five-year
cooperative agreement with the Florida International
University's Hemispheric Center for Environmental Technology;
$750,000 for the Mid-Atlantic Recycling Center for End-of-Life
Electronics project; $5,000,000 for the Diagnostic
Instrumentation and Analysis Laboratory; $2,000,000 to continue
micro-sensing technology development and prototype deployment
of remote monitoring systems for the underground test area;
$2,175,000 for the university robotics research program;
$12,000,000 for research and development at Idaho on
environmental technologies; and $1,000,000 for basic science
experiments at the Waste Isolation Pilot Plant. The Department
is directed to continue its ongoing cooperative agreements with
the University of Nevada-Las Vegas and the University of
Nevada-Reno on terms consistent with recent years. The
conferees urge the Department to consider continued evaluation,
development and demonstration of the Advanced Vitrification
System.
The Office of Environmental Management is directed to
report to the House and Senate Committees on Appropriations as
soon as information is available on the projects and activities
which are to be performed with funding provided in fiscal year
2003 to the Florida International University, AEA Technology,
the Mid-Atlantic Recycling Center for End-of-Life Electronics
project, the Diagnostic Instrumentation and Analysis
Laboratory, the micro-sensing technology development and
prototype deployment of remote monitoring systems for the
underground test area, the university robotics research
program, the Western Environmental Technology Office, and the
National Energy Technology Laboratory. The Department should
work with the Committees on the detail and format for this
report.
Excess facilities.--The conference agreement includes
$5,000,000, an increase of $3,700,000 over the budget request,
for excess facilities. These funds are to be used to initiate
decontamination and decommissioning of excess facilities owned
by the environmental management program.
Multi-site activities.--The conference agreement includes
$64,352,000, a decrease of $415,519,000 from the budget
request, for multi-site activities. Funding of $442,000,000 for
the uranium enrichment decontamination and decommissioning fund
is transferred to a separate program; $1,000,000 is provided
for packaging and certification activities; and $8,481,000 is
provided for the hazardous waste worker training program. The
conferees expect the Department to continue its support for a
variety of small programs identified in the Senate explanatory
statement.
Funding of $17,000,000 is provided for the National
Energy Technology Laboratory (NETL) in West Virginia, including
$5,000,000 for the Western Environmental Technology Office. The
Department is establishing an Office of Legacy Management that
will gain responsibility for the long-term stewardship program
now managed by the Office of Environmental Management. The
conferees expect the Department to use the NETL to begin
preparatory actions to ensure a smooth and effective transition
of people, records, and programs including the responsibility
for long-term stewardship of records dealing with physical and
human issues at current sites as well as from the closure of
the Ohio and Rocky Flats cleanup sites. The enormous records
management requirements at closure sites will require
solicitation and management of contracts to assess both the
current status of environmental management records as well as
performing an evaluation of best practices. A critical
examination of the numerous complex issues of annuitant benefit
continuity for retirees/annuitants at closure sites will also
be required. Preparatory work in fiscal year 2003 will ensure a
smooth transition of these responsibilities to the Office of
Legacy Management and provide the Department with an assessment
of its needs to provide potential bidders with sufficient data
to successfully compete on the forthcoming contracts to
institute long-term stewardship of environmental management
records and contractor continuity of benefits.
Safeguards and security.--The conference agreement
includes $268,607,000, an increase of $40,347,000 over the
budget request, for safeguards and security activities at
laboratories and facilities managed by the Office of
Environmental Management. Safeguards and security costs at
several cleanup facilities have increased significantly since
the fiscal year 2003 budget request was submitted.
Program direction.--The conferees have provided
$344,000,000, the same as the budget request, for the program
direction account.
Funding adjustments.--The conference agreement includes
reduction of $80,924,000 due to funding constraints. A security
charge for reimbursable work of $4,347,000, the same as the
budget request, is included.
ENVIRONMENTAL MANAGEMENT CLEANUP REFORM
The conference agreement does not provide funding for
accelerated cleanup activities in this separate appropriation
account as proposed by the Administration. Funds for
accelerated cleanup have been allocated among the existing
appropriation accounts.
DEFENSE FACILITIES CLOSURE PROJECTS
The conference agreement provides $1,138,314,000 instead
of $1,091,314,000 as proposed by the House and $1,125,314,000
as proposed by the Senate. The budget request of $664,000,000
is provided for the Rocky Flats site in Colorado. Additional
funding to accelerate cleanup is provided for the following
projects: $25,000,000 for Fernald, Ohio; $4,000,000 for the
Mound site in Ohio; and $5,000,000 for the Columbus
environmental management project in Ohio. The conferees expect
the Department to request adequate funds to keep each of these
projects on schedule for closure by 2006 or earlier.
From within available funds, $5,500,000 has been
transferred to the safeguards and security program to offset
increased security costs in fiscal year 2003.
Funding of $55,651,000, an increase of $18,500,000 over
the budget request, is provided for safeguards and security.
Any savings resulting from safeguards and security costs are to
be retained and used for cleanup activities at the closure
sites.
Defense Environmental Management Privatization
The conference agreement provides $158,399,000, the same
as the budget request, for the defense environmental management
privatization program.
Other Defense Activities
The conference agreement provides $546,554,000 for Other
Defense Activities instead of $485,076,000 as proposed by the
House and $537,664,000 as proposed by the Senate. Details of
the conference agreement are provided below.
ENERGY SECURITY AND ASSURANCE
The conference agreement provides $56,686,000 for the
energy security and assurance program. Funding of $27,500,000
is provided for the National Infrastructure Simulation and
Analysis Center (NISAC) in New Mexico, and $16,000,000 to the
National Energy Technology Laboratory in West Virginia to
assist the energy assurance office, as proposed by the Senate.
The conference agreement includes $2,000,000 for a pilot
project in Washington, DC, to be carried out in conjunction
with the local power provider and administered by the
Washington Metropolitan Council of Governments to protect and
harden electricity infrastructure in the Nation's Capital, an
area uniquely susceptible to terrorist attack. The conference
agreement also includes $3,000,000 to establish the Idaho
Critical Infrastructure Testbed at the Idaho National
Environmental and Engineering Laboratory.
OFFICE OF SECURITY
The conference agreement provides $185,515,000, the same
as the budget request, for the office of security.
The conference agreement provides total safeguards and
security funding of $1,267,791,000 for safeguards and security
activities at the Department of Energy. In addition to the
funding provided for the office of security, the conference
agreement provides $30,000,000 for security and safeguards
activities performed by the Department's chief information
officer and $1,052,276,000 for safeguards and security
activities at the Department's field offices and facilities.
INTELLIGENCE
The conference agreement includes $41,246,000, the same
as the budget request, for the Department's intelligence
program.
COUNTERINTELLIGENCE
The conference agreement includes $45,955,000, the same
as the budget request, for the Department's counterintelligence
program.
INDEPENDENT OVERSIGHT AND PERFORMANCE ASSURANCE
The conference agreement provides $22,430,000, the same
as the budget request, for the independent oversight and
performance assurance program.
ENVIRONMENT, SAFETY AND HEALTH (DEFENSE)
The conference agreement provides $103,850,000 for
defense-related environment, safety and health activities
including $48,160,000 for health effects studies and
$13,500,000 for the Radiation Effects Research Foundation, the
same as the budget request. The conferees have provided
$3,550,000 for medical monitoring at the gaseous diffusion
plants and $5,000,000 to continue a program at the University
of Nevada-Las Vegas for Department-wide management of
electronic records. From within available funds, the Department
is directed to complete the health studies at the Iowa Army
Ammunition Plant and initiate a beryllium screening and
outreach program for workers employed at vendors in the
Worchester, Massachusetts, area who supplied beryllium to the
Atomic Energy Commission.
The General Accounting Office (GAO) is directed to
conduct a study on the effectiveness of the benefit program
under Subtitle D of the Energy Employees Occupational Illness
Compensation Program Act of 2000 in assisting the Department of
Energy contractor employees in obtaining compensation for
occupational illness. Not later than 120 days after the date of
enactment of this Act, the GAO shall submit a report to the
House and Senate Committees on Appropriations, the Senate
Energy and Natural Resources Committee, and the House Energy
and Commerce Committee on the results of this study. The
conferees direct the GAO not to displace any other requests by
the House and Senate Committees on Appropriations.
The conference agreement includes $17,149,000 for program
direction, the same as the budget request.
WORKER AND COMMUNITY TRANSITION
The conference agreement provides $21,183,000 for the
worker and community transition program instead of $19,683,000
as proposed by the House and $25,683,000 as proposed by the
Senate. The conference agreement includes a total of
$3,500,000, an increase of $1,500,000 over the budget request,
for workforce restructuring at the Paducah, Kentucky, gaseous
diffusion plant. Funding of $2,000,000 has been provided for
infrastructure improvements at the former Pinellas weapons
plant as proposed by the House.
The conference agreement does not provide any guidance on
the proposed final rule implementing Part D of the Energy
Employees Occupational Illness Compensation Program.
No funds may be used to augment the $21,183,000 made
available for obligation for severance payments and other
benefits and community assistance grants unless the Department
of Energy submits a reprogramming request subject to approval
by the appropriate Congressional committees.
NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUPPORT
The conference agreement provides $87,468,000 for
national security programs administrative support instead of
$30,587,000 as proposed by the House and $50,587,000 as
proposed by the Senate. Included within this amount is
$21,800,000 for the national security portion of the
cybersecurity and communications initiative and the corporate
management improvement program that are fully funded in the
Departmental Administration account.
OFFICE OF HEARINGS AND APPEALS
The conference agreement provides $2,933,000 for the
Office of Hearings and Appeals, the same as the budget request.
FUNDING ADJUSTMENTS
Funding adjustments include a security charge for
reimbursable work of $712,000 and a reduction of $20,000,000 to
be applied to those programs that have balances carried over
from prior fiscal years and lower priority program activities.
Defense Nuclear Waste Disposal
The conference agreement provides $315,000,000 for the
defense contribution to the nuclear waste repository program as
proposed by the House instead of $280,000,000 as proposed by
the Senate.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration
The conference agreement provides $700,000,000 of new
borrowing authority to the Bonneville Power Administration as
proposed by the Senate. The bill language is included in
Division N of the conference report. The conferees direct the
Bonneville Power Administration to submit a detailed budget
justification, by project, for its total capital improvement
program to the House and Senate Committees on Appropriations
not later than March 30, 2003, and to be submitted thereafter
as part of the annual budget request, for approval by the House
and Senate Committees on Appropriations.
No new direct loan obligations may be made during fiscal
year 2003.
Operation and Maintenance, Southeastern Power Administration
The conference agreement includes $4,534,000, the same as
the budget request, for the Southeastern Power Administration.
The conference agreement provides for the same level of
purchase power and wheeling as in fiscal year 2002.
Operation and Maintenance, Southwestern Power Administration
The conference agreement includes $27,378,000, the same
as the budget request, for the Southwestern Power
Administration. The conference agreement provides for the same
level of purchase power and wheeling as in fiscal year 2002.
The conference agreement also provides Southwestern with the
authority to accept an additional $8,043,000 of non-Federal
reimbursable funding to fulfill its obligations under the
Southwest Power Pool Open Access Transmission Tariff.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
The conference agreement provides $168,858,000 as
proposed by the Senate instead of $162,758,000 as proposed by
the House. The conference agreement includes $6,100,000 for the
Utah Mitigation and Conservation Account. The conference
agreement also includes language as proposed by the Senate
regarding the Belfield-Hettinger transmission line in North
Dakota and includes $4,000,000 to fund high priority portions
of the South of Phoenix portion of the Parker-Davis Project
transmission system as proposed by the House.
Falcon and Amistad Operating and Maintenance Fund
The conference agreement includes $2,734,000, the same as
the budget request, for the Falcon and Amistad Operating and
Maintenance Fund.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
The conference agreement includes $192,000,000 for the
Federal Energy Regulatory Commission (FERC). Revenues for FERC
are set at an amount equal to the budget authority, resulting
in a net appropriation of $0.
The conferees are aware that the California Public
Utilities Commission (CPUC) has requested several FERC actions
in regard to investigating electricity market manipulations.
The conferees expect FERC to act diligently upon the CPUC's
requests.
The conferees are very concerned about the possible
impact on regional electricity prices of FERC's proposed rule
for Standard Market Design (SMD). The Secretary of Energy is
directed to submit to the House and Senate Committees on
Appropriations, the House Energy and Commerce Committee, and
the Senate Energy and Natural Resources Committee an
independent analysis of the impact of the SMD rule that FERC
proposes to finalize. This independent analysis must compare
wholesale and retail electricity prices and the impact on the
safety and reliability of generation and transmission
facilities in the major regions of the country both under
existing conditions and under the proposed SMD rule. This
analysis must also address the proposed SMD rule's:
(a) costs and benefits, including its impacts on energy
infrastructure development and investor confidence;
(b) impacts on state utility regulation;
(c) financial impact on retail customers;
(d) impact on the reasonableness of electricity prices;
and
(e) impact on the safe, reliable, and secure operation of
the Nation's generation and transmission facilities.
The Secretary shall work in consultation with the FERC so
that the Secretary's analysis will most accurately address the
contents and conclusions of the most current version of the
proposed rule. The Secretary shall submit the independent
analysis no later than April 30, 2003.
General Provisions
DEPARTMENT OF ENERGY
Sec. 301.--The conference agreement modifies a provision
proposed by the House that none of the funds may be used to
award a management and operating contract, or a contract for
environmental remediation or waste management in excess of
$100,000,000 in annual funding, or award a significant
extension or expansion to an existing management and operating
contract, unless such contract is awarded using competitive
procedures, or the Secretary of Energy grants a waiver to allow
for such a deviation.
Within 30 days of formally notifying the incumbent
contractor that the Secretary intends to grant such a waiver,
the Secretary must submit a report setting forth, in
specificity, the substantive reasons why the requirement for
competition should be waived.
This language modifies a provision carried in previous
Energy and Water Development Appropriations Acts.
Sec. 302.--The conference agreement includes a provision
proposed by the House and Senate that none of the funds may be
used to prepare or implement workforce restructuring plans or
provide enhanced severance payments and other benefits and
community assistance grants for Federal employees of the
Department of Energy under section 3161 of the National Defense
Authorization Act of Fiscal Year 1993, Public Law 102-484. This
provision has been carried in previous Energy and Water
Development Appropriations Acts.
Sec. 303.--The conference agreement includes a provision
proposed by the House and Senate that none of the funds may be
used to augment the $21,183,000 made available for obligation
for severance payments and other benefits and community
assistance grants unless the Department of Energy submits a
reprogramming request subject to approval by the appropriate
Congressional committees. This provision has been carried in
previous Energy and Water Development Appropriations Acts.
Sec. 304.--The conference agreement includes a provision
proposed by the House and Senate that none of the funds may be
used to prepare or initiate Requests for Proposals for a
program if that program has not been funded by Congress in the
current fiscal year. This provision also precludes the
Department from initiating activities for new programs which
have been proposed in the budget request, but which have not
yet been funded by Congress. This provision has been carried in
previous Energy and Water Development Appropriations Acts.
TRANSFERS OF UNEXPENDED BALANCES
Sec. 305.--The conference agreement includes a provision
proposed by the House and Senate that permits the transfer and
merger of unexpended balances of prior appropriations with
appropriation accounts established in this bill. This provision
has been carried in previous Energy and Water Development
Appropriations Acts.
Sec. 306.--The conference agreement includes a provision
proposed by the House prohibiting the Bonneville Power
Administration from performing energy efficiency services
outside the legally defined Bonneville service territory unless
the Administrator certifies in advance that such services are
not available from private sector businesses. This provision
has been carried in previous Energy and Water Development
Appropriations Acts.
Sec. 307.--The conference agreement includes a provision
proposed by the House establishing certain notice and
competition requirements for Department of Energy user
facilities. This provision has been carried in previous Energy
and Water Development Appropriations Acts.
Sec. 308.--The conference agreement includes a provision
proposed by the House and Senate allowing the Administrator of
the National Nuclear Security Administration to authorize
certain nuclear weapons production plants to use not more than
2 percent of available funds for research, development and
demonstration activities. This provision has been carried in
previous Energy and Water Development Appropriations Acts.
Sec. 309.--The conference agreement includes a provision
proposed by the House and Senate allowing the Administrator of
the National Nuclear Security Administration to authorize the
manager of the Nevada Operations Office to use not more than 2
percent of available funds for research, development and
demonstration activities necessary for operations and readiness
of the Nevada Test Site.
Sec. 310.--The conference agreement includes a provision
proposed by the House that would repeal section 310 of Public
Law 106-60, the Energy and Water Development Appropriations
Act, 2000, which required submission of funding plans from
Department of Energy laboratories.
Sec. 311.--The conference agreement includes a provision
proposed by the House which would authorize intelligence
activities of the Department of Energy for purposes of section
504 of the National Security Act of 1947 until enactment of the
Intelligence Authorization Act for fiscal year 2003.
Sec. 312.--The conference agreement includes a provision
proposed by the Senate limiting the types of waste that can be
disposed of in the Waste Isolation Pilot Plant in New Mexico.
None of the funds may be used to dispose of transuranic waste
in excess of 20 percent plutonium by weight for the aggregate
of any material category. At the Rocky Flats site, this
provision includes ash residues; salt residues; wet residues;
direct repackage residues; and 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''. This provision has been
carried in previous Energy and Water Development Appropriations
Acts.
Sec. 313.--The conference agreement includes a provision
proposed by the Senate providing that 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.--The conference agreement includes a provision
proposed by the Senate requiring that upon the request of the
licensee for FERC License No. 11393, the Federal Energy
Regulatory Commission shall issue an order staying the license.
Sec. 315.--The conference agreement modifies a provision
proposed by the Senate providing that none of the funds for
Department of Energy environmental management activities may be
obligated at a Department of Energy site or laboratory in
excess of the current-year level of funding or the fiscal year
2003 budget request, whichever is greater, unless the site or
laboratory has entered into a site performance management plan
consistent with the intent of the Department's environmental
management acceleration and reform initiative.
Sec. 316.--The conference agreement modifies a provision
proposed by the Senate prohibiting the National Nuclear
Security Administration (NNSA) from taking any actions
adversely affecting employment at its Nevada Operations Office
for a period of not less than 365 days. The conference
agreement includes a provision allowing the Administrator of
the NNSA to seek a waiver from this requirement. Similar to a
reprogramming action, written approval must be received from
the Chairmen and Ranking Members of the House and Senate Energy
and Water Development Appropriations Subcommittees.
Sec. 317.--The conference agreement includes a provision
providing that notwithstanding any other provision of law, the
Secretary of Energy shall proceed with planning and analyses
for external regulation of the Department's laboratories under
the Office of Science.
Provisions not adopted by the conference.--The conference
agreement deletes language proposed by the Senate that:
requires the General Accounting Office to conduct a study of
the effectiveness of the benefit program under subtitle D of
the Energy Employees Occupational Illness Compensation Program
Act of 2000; requires the General Accounting Office to conduct
a study of the cleanup progress at the Paducah Gaseous
Diffusion Plant in Paducah, Kentucky; and prohibits the use of
funds in this or any other Act to withdraw from availability or
otherwise adversely affect the planned expenditure of funds
previously made available for Cerro Grande Fire activities.--
These requirements are addressed in the statement of the
managers.
Language proposed by the Senate allowing the Secretary of
Interior to participate in the CALFED Bay-Delta Authority has
been modified and moved to Title II.
CONFERENCE RECOMMENDATIONS
The conference agreement's detailed funding
recommendations for programs in title III are contained in the
following table.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
The conference agreement includes $71,290,000 for the
Appalachian Regional Commission (ARC) as proposed by the House
instead of $74,400,000 as proposed by the Senate. The conferees
support the Appalachian-Turkish Trade Project to promote trade
and investment opportunities. From within available funds,
$5,000,000 has been provided for a child development research
center at the University of Alabama and $8,000,000 for the
newly authorized telecommunications program within the ARC. The
conferees are aware of the Intermodal Industrial Park project
in Wellsville, Ohio, and urge the ARC to help the Columbiana
County Port Authority complete the project.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
The conference agreement includes $19,000,000 for the
Defense Nuclear Facilities Safety Board as proposed by the
House and Senate.
DELTA REGIONAL AUTHORITY
The conference agreement includes $8,000,000 for the
Delta Regional Authority instead of $15,000,000 as proposed by
the Senate and no funding as proposed by the House. The
conferees expect the Authority to submit to the House and
Senate Committees on Appropriations quarterly financial reports
providing detailed accounting data on the expenditure of funds
during fiscal year 2003 and thereafter. The conferees also
expect to receive from the Authority a detailed budget
justification in fiscal year 2004. The Authority failed to
comply with this requirement in fiscal year 2003.
DENALI COMMISSION
The conference agreement includes $48,000,000 for the
Denali Commission instead of $50,000,000 as proposed by the
Senate and no funding as proposed by the House. The conferees
expect the Denali Commission to submit to the House and Senate
Committees on Appropriations quarterly financial reports
providing detailed accounting data on the expenditure of funds
during fiscal year 2003 and thereafter. The conferees also
expect to receive from the Commission a detailed budget
justification in fiscal year 2004.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
The conference agreement includes $578,184,000 as
proposed by the House and the Senate, to be offset by revenues
of $520,087,000, for a net appropriation of $58,097,000. This
reflects the statutory language adopted by the conference in
fiscal year 2001 to reduce the fee recovery requirement to 94
percent in fiscal year 2003. The conference amount provides the
same total amount as the budget request, including the
$29,300,000 requested for security expenses, but applies the
fee recovery requirement to this increment of funding.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $6,800,000 as proposed
by the House and Senate, to be offset by revenues of
$6,392,000, for a net appropriation of $408,000. This reflects
the statutory language adopted by the conference in fiscal year
2001 to reduce the fee recovery requirement to 94 percent in
fiscal year 2003.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
The conference agreement provides $3,200,000, the same as
the budget request.
TITLE V
GENERAL PROVISIONS
Sec. 501.--The conference agreement includes language
directing that none of the funds in this Act or any prior
appropriations 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 section 1913 of title 18, United States Code. This provision
has been carried in previous Energy and Water Development
Appropriations Acts.
Sec. 502.--The conference agreement includes language
regarding the purchase of American-made equipment and products,
and prohibiting contracts with persons falsely labeling
products as made in America. This provision has been carried in
previous Energy and Water Development Appropriations Acts.
Sec. 503.--The conference agreement includes language
proposed by the House providing that 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 transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
Sec. 504.--The conference agreement includes language
proposed by the Senate that extends the existing authority for
the Denali Commission until 2008.
Sec. 505.--The conference agreement includes language
proposed by the Senate that amends section 503 of the Energy
and Water Development Appropriations Act, 2002, by extending
the prohibition of oil and gas drilling in the Great Lakes
until 2005.
Sec. 506.--The conference agreement includes a provision
clarifying that the Department of Energy's discretionary
indemnification authority will protect communities, lenders,
and subsequent owners of former Department of Energy property
to the same extent that communities impacted by base closures
are protected.
Sec. 507.--The conference agreement includes a provision
directing the Director of the Office of Management and Budget
to transmit to Congress by April 1, 2003, a cross-cut budget
displaying, by fiscal year, all CALFED Bay-Delta Program
related expenditures by the Federal government for fiscal years
1996 through 2004.
Provisions not adopted.--The conference agreement deletes
language proposed by the House prohibiting obligation of funds
by the Federal Energy Regulatory Commission to grant any public
utility the authority to use market-based rates until the
Commission has issued a final order in all market-based rate
cases that have been pending before the Commission for more
than 18 months.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2003 recommended by the Committee of Conference,
with comparisons to the fiscal year 2002 amount, the 2003
budget estimates, and the House and Senate bills for 2003
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2002... $25,795,359
Budget estimates for new (obligational) authority,
fiscal year 2003.................................... 26,163,457
House bill, fiscal year 2003............................ 26,541,000
Senate bill, fiscal year 2003........................... 26,649,991
Conference agreement, fiscal year 2003.................. 26,678,000
Conference agreement compared with:.....................
New budget (obligational) authority, fiscal year
2002.............................................. +882,641
Budget estimates of new (obligational) authority,
fiscal year 2003.................................. +514,543
House bill, fiscal year 2003........................ +137,000
Senate bill, fiscal year 2003....................... +28,009
DIVISION E
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS APPROPRIATIONS, 2003
In determining Congressional intent for the obligation
and programming of funds for fiscal year 2003, the appropriate
departments and agencies funded under this Act shall rely on
House Report 107-663, the Senate report as printed in the
Congressional Record of January 15, 2003, and the statement of
the managers. Any ambiguity shall be resolved by consulting
with the Committees on Appropriations.
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
The conference agreement appropriates $512,900,000 for
the subsidy appropriation for the Export-Import Bank.
The managers are aware of an inter-agency agreement among
the Departments of State and Defense, the Export-Import Bank,
and USAID that establishes reporting procedures regarding
compliance with section 512 of the Act, the so-called Brooke
amendment, and section 620(q) of the Foreign Assistance Act.
The procedures provide a mechanism to share information among
those agencies regarding countries that are either in arrears
on loan repayments owed the United States or which may soon
become in arrears. Since the provision of foreign assistance to
countries in arrears is restricted by those sections,
information required by these procedures is of great importance
to the administration of foreign assistance funds. The managers
are therefore concerned about reports that the Export-Import
Bank has, in at least two instances this year, failed to
provide information on arrearages in a timely fashion in
accordance with its obligations under the inter-agency
agreement. The managers direct the Export-Import Bank to follow
the inter-agency agreement and not allow a similar lapse to
occur again.
The managers endorse House report language regarding the
Export-Import Bank with respect to the domestic steel market,
reducing global excess steel making capacity, and subsequent
reporting to the Committees on Appropriations.
Overseas Private Investment Corporation
The managers direct the President of OPIC to continue
current policy and consult with the Committees on
Appropriations before any future financing for non-governmental
organizations or private and voluntary organizations is
approved.
The managers are concerned with a number of OPIC projects
involving the shrimp industry in Southeast Asia. The managers
expect OPIC to consult with the appropriate Congressional
committees on this issue.
FUNDS APPROPRIATED TO THE PRESIDENT
Trade and Development Agency
The conference agreement appropriates $47,012,000 for the
Trade and Development Agency (TDA) instead of $49,512,000 as
proposed by the House and $44,696,000 as proposed by the
Senate. The level of funding includes an additional $2,500,000
for trade capacity building assistance instead of $5,000,000 as
proposed by the House. The Senate did not address the issue of
trade capacity building assistance.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Frequency of Executive Branch Reports on Country Allocations
The managers insist that the Department of State and the
United States Agency for International Development comply with
the provisions of section 653 of the Foreign Assistance Act of
1961, as amended, regarding the frequency of notifications
regarding the allocation of foreign assistance. Enactment of
any supplemental appropriations act for foreign assistance
requires an additional notification under section 653. When
feasible, the Department of State is expected to include
amounts from the Migration and Refugee Assistance and Emergency
Refugee and Migration Assistance accounts. USAID is expected to
include International Disaster Assistance and Transition
Initiatives amounts for each country.
In addition, the Department of State and USAID are
requested to provide comparable information on regional and
centrally-administered programs, and to consult in advance with
the relevant committees of Congress regarding reductions in
excess of $20,000,000 or ten percent of previously reported
amounts for a foreign country, international organization, or
regional program.
Compliance with Report Language
The managers note that at times in the past, the
Department of State and USAID have failed to respond to
recommendations in the House and Senate Appropriations
Committee reports, choosing instead to recognize only language
in the statement of the managers accompanying the conference
report. The managers expect the Department of State and USAID
to follow the recommendations in the House and Senate reports,
unless those recommendations are modified in the statement of
the managers. In the event that the House and Senate
Appropriations Committee reports contain conflicting
recommendations on the same subject, the managers expect the
Department of State, USAID, and other appropriate agencies to
consult with the House and Senate Appropriations Committees
regarding those recommendations.
United States Agency for International Development
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
The conference agreement appropriates $1,836,500,000 for
the Child Survival and Health Programs Fund instead of
$1,710,000,000 as proposed by the House and $1,970,000,000 as
proposed by the Senate.
The conference agreement includes language allocating
$1,836,500,000 among seven program categories in the Child
Survival and Health Programs Fund: $324,000,000 for child
survival and maternal health, including vaccine-preventable
diseases such as polio; $27,000,000 for vulnerable children;
$591,500,000 for HIV/AIDS; $155,500,000 for other infectious
diseases; $368,500,000 for reproductive health/family planning;
$120,000,000 for UNICEF; and $250,000,000 for the Global Fund
to Fight AIDS, Tuberculosis and Malaria (Global ATM Fund). The
Committee expects that any change proposed subsequent to the
allocation as directed in bill language will be subject to the
requirements of section 515 of the Act. A definition of program
categories and their components can be found on pages 9 through
11 of House Report 107-142 and under the heading ``Family
Planning/Reproductive Health'' on page 12 of Senate Report 107-
58.
The conference agreement provides not less than
$800,000,000 for assistance to prevent and treat HIV/AIDS. Of
this amount, $591,500,000 is funded through the Child Survival
and Health Programs Fund. Another $38,500,000 is provided
through other USAID-managed or co-managed accounts, such as the
Economic Support Fund, International Disaster Assistance, and
regional accounts for Eastern Europe and the former Soviet
Union. The remaining $170,000,000 is a conservative estimate of
the amount from the Foreign Operations division of this Act
that will be allocated for HIV/AIDS by the Global ATM Fund and
UN agencies. The estimate of $800,000,000 for AIDS does not
include the United States share of HIV/AIDS assistance through
the World Bank Group.
The managers are concerned about the growing prevalence
of HIV/AIDS in countries of Eastern Europe and the Independent
States of the Former Soviet Union. The managers therefore
direct that funds from the Child Survival and Health Programs
Fund be available for HIV/AIDS programs in Eastern Europe and
the Independent States of the Former Soviet Union. The managers
also encourage USAID to make available funds from this account
for HIV/AIDS programs in ``ESF countries'' other than those for
whom funds are specifically mandated in this Act.
The conference agreement also provides a total of
$155,500,000 from the Child Survival and Health Programs Fund
to combat infectious diseases other than HIV/AIDS, such as
malaria and tuberculosis.
In addition, the conference agreement includes
$250,000,000 as a contribution to the Global Fund to Fight
AIDS, Tuberculosis, and Malaria, bringing the total United
States contribution to the fund to date to $725,000,000. The
managers note that the President's request for the Global ATM
Fund from Division E of this Act is $100,000,000. The timing of
disbursement of the full $725,000,000 is limited by language
requiring that the United States contribution may not exceed
the total resources provided by other donors and available for
use by the Global Fund. The managers note also that, of the
awards pledged thus far by the Global ATM Fund to recipient
countries, approximately 65 percent are for AIDS interventions,
17 percent are for malaria interventions, and 16 percent are
for tuberculosis or combined tuberculosis/AIDS interventions.
When funding through bilateral programs administered by
USAID is considered together with the United States
contribution to the Global ATM Fund, the conference agreement
provides a total of $120,000,000 for tuberculosis assistance.
Of this amount, $65,000,000 is funded through the Child
Survival and Health Programs account, $15,000,000 from other
bilateral accounts, and $40,000,000 through the contribution to
the Global Fund. For malaria, the conference agreement provides
a total of $115,000,000. Of this amount, it is expected that
$42,500,000 of the contribution to the Global Fund will fund
malaria programs, $65,000,000 is funded through this account,
and $7,500,000 is provided from other bilateral accounts.
The conference agreement includes bill language, proposed
by the Senate, regarding the development of microbicides as a
means of combating HIV/AIDS.
In addition, the conference agreement includes up to
$100,000,000 for mother and child HIV prevention and up to
$10,500,000 for a United States contribution to the
International AIDS Vaccine Initiative.
The managers are concerned that little progress has been
made toward the implementation of the micronutrient programs
mandated by Section 3013 of P.L. 107-171 and direct USAID to
implement this provision as soon as possible this fiscal year.
The managers support $27,500,000 for the multilateral
effort to eradicae polio in fiscal year 2003, instead of
$30,000,000 as recommended in the Senate report and $25,000,000
as recommended in the House report.
The managers endorse Senate report language regarding
malaria, and recommend that USAID provide direct support to the
Medicines for Malaria Venture and the Malaria Vaccine
Initiative.
The conference agreement allocates $368,500,000 for
family planning/reproductive health within the Child Survival
and Health Programs Fund, as proposed by the House, instead of
$385,000,000 as proposed by the Senate. Section 522 of the
conference agreement mandates that an overall total of
$446,500,000 be made available for bilateral family planning/
reproductive health from this account, the Economic Support
Fund, and the regional accounts for Eastern Europe and the
former Soviet Union, as in current law.
The managers endorse the language of the House report
with respect to the Dikembe Mutombo Foundation Congolese
Hospital, Lott Carey International, and the Caribbean
Epidemiology Center.
The managers endorse Senate report language regarding
programs for people with disabilities, including
recommendations to provide funding for Special Olympics'
overseas programs and for Olympic Aid.
The managers also direct USAID to continue to provide the
Committees with a detailed annual report not later than March
31, 2003, on the programs, projects, and activities undertaken
by the Child Survival and Health Programs Fund during fiscal
year 2002.
Funds appropriated for the Child Survival and Health
Programs Fund are appropriated for programs, projects and
activities. Funds for administrative expenses to manage Fund
activities are provided in a separate account, with two
exceptions included in the conference agreement: authority for
USAID's central and regional bureaus to use up to $150,000 from
program funds for Operating Expense-funded personnel to better
monitor and provide oversight of the Fund; and, in section 522,
authority to use up to $13,500,000 to reimburse other
government agencies and private institutions for professional
services.
The managers are aware that significant USAID resources
are directed toward support for the Global ATM Fund, both at
its Geneva headquarters and in developing countries seeking or
in receipt of Fund rewards. The managers have no objection to
such support, but request a brief written report not later than
March 15, 2003 on the extent and cost of such support,
including the cost of non-USAID direct hire staff involved in
such efforts. In addition, any proposed transfer of
appropriations from the Child Survival and Health Programs Fund
to the Department of Health and Human Services is limited to
$25,000,000 in fiscal year 2003, and such transfer, as well as
any transfer to USAID Operating Expenses, under any authority
other than this Act shall be subject to section 515 of this
Act.
Any proposed obligations for Global Development Alliance
programs, projects or activities shall be subject to the
regular notification procedures of the Committees on
Appropriations.
Development Assistance
The conference agreement appropriates $1,389,000,000 for
``Development Assistance'' instead of $1,398,000,000 as
proposed by the House and $1,365,500,000 as proposed by the
Senate.
The managers have agreed to provide $218,000,000 for
basic education, including adult literacy programs, under the
development assistance account, as proposed by the House bill,
instead of $200,000,000 as proposed by the Senate amendment. In
addition, $32,000,000 should be derived from other accounts.
The managers endorse the language of the House report with
regard to Alfalit International.
The conference agreement includes a provision, similar to
a Senate amendment, which provides that $100,000,000 shall be
made available for drinking water supply projects and related
activities. The managers request that USAID report within 90
days of enactment of this Act on plans for the disbursement of
these funds.
The conference agreement provides that, of the funds for
agriculture and rural development programs, $25,000,000 should
be provided for plant biotechnology research and development.
The managers support programs that conserve energy and
promote efficient energy production and distribution in
developing countries. The conference agreement provides in
section 555 that $175,000,000 should be made available for
these programs. The conference agreement does not include a
Senate earmark of $13,000,000 for USAID's Office of Energy and
Information Technology. However, the managers are concerned
that USAID is not devoting sufficient resources to promoting
renewable, clean and efficient energy technologies, of which
the United States is the leading manufacturer. The managers are
also concerned that funding for USAID's Office of Energy and
Information Technology has declined, and that it does not have
the staff to adequately address the energy challenges and
opportunities in developing countries with rapidly growing
populations. The managers recommend additional funding and
enhanced staffing for this office in fiscal year 2003.
The managers endorse both the House report and Senate
report language on the Institute for Liberty and Democracy
(ILD), and strongly recommend that not less than $6,000,000 be
made available for the ILD in fiscal year 2003. The managers
also endorse the language of the House report with respect to
the Education for Development and Democracy Initiative (EEDI),
and women's inheritance rights in Africa.
The managers direct that not less than $500,000 be made
available for the United States Telecommunications Training
Institute, a long-standing and successful program that provides
communications and broadcasting training to professionals
around the world. The Senate amendment included bill language
mandating that such funds be made available for this purpose.
The House bill did not address this matter.
The conference agreement provides that $18,000,000 should
be made available for the American Schools and Hospitals Abroad
program. The Senate amendment included bill language stating
that $19,000,000 should be made available for this purpose.
The conference agreement in section 554 includes language
directing that USAID should make available $145,000,000 for
programs and activities that directly protect biodiversity. The
managers strongly support these efforts and expect these funds
to be used to protect tropical forests, including support of
projects to deter illegal logging in Indonesia, Central Africa
and elsewhere, and other threatened biologically diverse areas,
both terrestrial and marine. Of this amount, up to $40,000,000
may be available for the subsidy cost of modifying loans and
loan guarantees, pursuant to the provisions of the Tropical
Forest Conservation Act of 1998. The managers commend the
Administration for its Congo Basin Forest Initiative and expect
full funding to be made available for the Central African
Regional Program for the Environment.
The managers note the Committees' history of commitment
to USAID's Office of Women in Development. The managers
conclude that the office is currently an underutilized resource
at the Agency, and are disappointed with the lack of commitment
the Agency has shown to it. The managers are also disappointed
that USAID over many years has consistently failed to fully
comply with Congressional direction to provide the WID office
with adequate financial resources and skilled personnel.
The managers are aware of the ways in which development
challenges affect men and women differently. For instance, in
recent years, there has been widespread recognition of the
importance of investments in educating girls and the unique
obstacles to educating girls in developing societies. The
managers expect that much of the work on these issues, as well
as the funding for these types of interventions, should be
derived from bureau and mission program funds. An example of
bureau and mission funded activities would be women's
leadership training programs, on behalf of which the managers
endorse the language and report requirement included in the
House report.
The managers urge USAID to increase the capacity of the
Bureau for Policy and Program Coordination, in collaboration
with the WID office, to provide agency-wide leadership to
integrate concerns of women in development strategies, an
especially important function as USAID devises new agriculture
and trade strategies. The WID office should have the budget,
appropriately skilled personnel, and flexibility to consult
with overseas missions on country programs, determine the need
for better women's integration strategies in each of the
functional and regional bureaus and country and regional
missions, provide technical assistance in strategic planning as
necessary, and offer incentive funds to missions to undertake
new gender integration initiatives. The managers remain
concerned about the ability of the WID office to have agency-
wide impact from its current location within the Bureau for
Economic Growth, Agriculture and Trade, and urge the Agency to
take all possible steps to alleviate these concerns. The
managers direct the Administrator to report to the Committees
on Appropriations no later than 120 days after the enactment of
this Act on steps taken to address these concerns and
recommendations.
The managers strongly support the fertilizer-related
research and development being conducted by the International
Fertilizer Development Center (IFDC) and urge USAID to make at
least $4,000,000 available to IFDC, including not less than
$2,300,000 for its core grant, as provided under the Senate
amendment and in the House report.
The conference agreement does not include Senate language
that USAID should fund programs to provide alternative
livelihoods for Vietnamese coffee growers. The managers are
deeply concerned with the situation that confronts impoverished
Vietnamese coffee farmers, and have been informed that USAID is
already engaged in these types of activities. The managers urge
USAID to expand these activities and other job-creation efforts
in Vietnam. Additionally, the managers endorse the Senate
report language on the coffee crisis. The managers also endorse
Senate report language regarding Laos.
The managers endorse House report language directing the
Secretary of State to initiate discussions with Mexico
regarding the Revillagigedo Islands.
International Disaster Assistance
The conference agreement appropriates $290,000,000 for
``International Disaster Assistance'' as proposed by the
Senate, instead of $315,500,000 as proposed by the House. Of
this amount, not less than $60,000,000 above the request is
appropriated only for Afghanistan, and an additional
$25,000,000 is expected to be made available for Afghanistan.
The director of the Office of Foreign Disaster Assistance is to
consult with the Committees not less than every three months,
on the current status of commitments, obligations, and
expenditures by the Office and on any proposals to augment
``International Disaster Assistance'' by transfers from other
accounts.
Transition Initiatives
The conference agreement appropriates $50,000,000 for
``Transition Initiatives'' to support USAID's Office of
Transition Initiatives (OTI). The House bill proposed
$40,000,000 and the Senate amendment $55,000,000 for this
account.
Development Credit Authority
(INCLUDING TRANSFER OF FUNDS)
The conference agreement does not include a Senate
earmark of $4,000,000 to support urban programs. However, the
managers note the rapid population growth and increasing
poverty in cities in developing countries and urge USAID to
expand its use of the Development Credit Authority to address
these growing urban needs.
Operating Expenses of the United States Agency for International
Development
The conference agreement provides $572,000,000 for
Operating Expenses of the U.S. Agency for International
Development, instead of $572,200,000 as proposed by the House
and $571,087,000 as proposed by the Senate.
The managers note that events since September 11, 2001
have imposed increasing administrative costs on the programs of
the U.S. Agency for International Development. In particular,
these costs have been felt in the Middle East and Asia. The
managers are concerned that USAID have sufficient operating
expenses resources to assure the safety of its employees and
their families in an increasingly dangerous environment. The
managers, therefore, request that USAID submit within 90 days
of enactment of this Act a report detailing these increased
costs agency-wide, with particular emphasis on the Asia/Near
East region. This report should include, but not be limited to,
an analysis of how the Agency is using operating expenses and
how operating expense costs have increased since fiscal year
2001.
The managers endorse the language of the House report
with respect to the USAIDLINK program.
Capital Investment Fund
The conference agreement appropriates $43,000,000 as
proposed by the House instead of $65,000,000 as proposed by the
Senate.
The conference agreement includes House language that
authorizes the Administrator of USAID to assess fair and
reasonable rental payments for the use of space by employees of
other government agencies; provides that the rental payments
shall be deposited into this account as offsetting collections;
requires notification for the use of such offsetting
collections, as well as for funds appropriated under this
heading; and provides that the assignment of United States
Government employees and contractors to space in buildings
shall be subject to the concurrence of the Administrator of
USAID.
The conference agreement assumes $30,000,000 for a new
USAID building in Nairobi, as requested by the President.
The conference agreement includes language similar to
that of the Senate amendment that authorizes up to $10,000,000
for the costs of temporary, secure facilities in Afghanistan.
The managers endorse the Senate report language regarding this
matter. The conference report does not contain Senate language
that provided not less than $13,000,000 for information
technology and related capital investments. The House bill did
not address these matters.
Operating Expenses of the United States Agency for International
Development
OFFICE OF INSPECTOR GENERAL
The conference agreement appropriates $33,300,000 for
Operating Expenses of the United States Agency for
International Development, Office of Inspector General, instead
of $33,046,000 as proposed by the Senate and $33,700,000 as
proposed by the House. The managers encourage the Inspector
General to continue the policy of constructive and ongoing
reviews of USAID's attempts to resolve its serious financial
and human resource management and procurement challenges. The
managers also request the Inspector General to inform the
Committee promptly of any emerging deficiencies.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
The conference agreement appropriates $2,270,000,000 for
the Economic Support Fund instead of $2,445,000,000 as proposed
by the House and $2,260,000,000 as proposed by the Senate.
The conference agreement includes Senate language
providing for the early disbursement of funds for Israel within
30 days of enactment. The House bill included this language,
along with language that provided for disbursement by October
31, 2002, whichever was later.
The conference agreement does not include House language
providing for $200,000,000 in anti-terrorism assistance for
Israel. The Senate amendment did not address this matter.
The conference agreement includes language that provides
not less than $200,000,000 for the Commodity Import Program in
Egypt as proposed by the Senate. The House bill did not address
this matter.
The managers recognize that Egypt is a vital and
strategic ally of the United States and plays an important role
in the Middle East peace process. However, they remain
concerned about the human rights situation in Egypt, especially
restrictions on freedom of expression and the promotion of
inflammatory speech by government-controlled media, as well as
impediments to the development of democracy and the rule of
law.
The conference agreement does not include language from
the House bill that provided that not less than $45,000,000
should be made available for Afghanistan for a variety of
purposes. The Senate amendment did not address this matter
under this heading. This matter is addressed under section 523
of the conference report.
The conference agreement does not include Senate language
providing that $5,000,000, in addition to funds previously
allocated, should be made available for programs that bring
together Arabs and Israelis, including three specified
organizations. The House bill did not address this matter.
However, the managers reiterate strong support for important
conflict resolution programs in the Middle East as described in
the House report and the Senate bill and report, including
Seeds of Peace, the Arava Institute, Jerusalem International
YMCA, Interns for Peace, and the CONTACT program, and expect
the allocation of up to $5,000,000 for these and similar
programs.
The managers endorse the House report language regarding
support for the International Arid Lands Consortium. In
addition, the managers endorse the House report language
regarding the Blaustein Institute for Desert Research. The
managers also endorse the House and Senate report language on
the International Crisis Group and the Foundation for
Environmental Security and Sustainability.
The conference agreement also includes language that
provides that not less than $250,000,000 should be made
available for assistance for Jordan. The Senate language would
have mandated this level of support. The House bill did not
address this matter.
The conference agreement does not contain Senate language
providing that not less than $75,000,000 should be provided for
the West Bank and Gaza. However, it includes language similar
to that in the Senate amendment authorizing up to $1,000,000
for further legal reforms, including judicial training on
commercial disputes and ethics. The managers request that USAID
consult with the Committees on Appropriations on plans for the
disbursement of funds.
The managers also endorse the House report language in
support of a joint proposal of Al Quds University and the Kuvin
Center for Infectious and Tropical Diseases of the Hebrew
University in Jerusalem to establish a cooperative project in
health and infectious diseases for the West Bank and Gaza.
The conference agreement includes language similar to
that in the Senate that provides that not less $15,000,000
shall be available for assistance for Cyprus. The House bill
had similar language, but it provided that $15,000,000 should
be made available rather than making this level mandatory.
The conference report includes language similar to that
in the Senate amendment that provides not less than $35,000,000
for assistance for Lebanon. The House bill included language
that recommended this level of assistance for Lebanon, but did
not include Senate language regarding child custody and
international pickup orders. In addition, funding provided in
this account for the Central Government of Lebanon is subject
to Congressional notification. The Senate amendment would have
prohibited assistance for the central government. The managers
direct that funding for American educational institutions in
Lebanon from the bilateral assistance program be provided in
fiscal year 2003 at no less than the fiscal year 2002 level of
$3,500,000.
The managers remain concerned with the failure of the
Government of Lebanon, despite repeated requests at the highest
levels, to enforce the orders of Lebanese courts requiring the
return of abducted American children in Lebanon. The conference
agreement provides 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.
The conference agreement provides not less than
$60,000,000 under this heading for USAID programs in Indonesia.
The Senate amendment had included $150,000,000 for Indonesia
from all accounts in the Act, including $10,000,000 for
programs in Aceh and not less than $5,000,000 for
reconstruction and recovery efforts in Bali. The House did not
address this matter. The managers recommend $10,000,000 for
reconciliation and development programs in Aceh, and $5,000,000
for reconstruction and recovery efforts in Bali.
The managers are outraged by continued reports of the
complicity of local Indonesian military units in the murders of
Americans Ted Burgon and Rick Spier in Papua last year, and
call upon President Megawati Sukarnoputri to use the full
authority of her office to bring to justice the perpetrators of
this crime.
The managers expect USAID to adequately fund programs and
activities relating to parliamentary and presidential elections
scheduled in 2004. In addition, the managers recommend
continued funding for activities targeted toward the
professional development of provincial leaders and
institutions. The conference agreement does not include Senate
language prohibiting the use of funds made available for Aceh
to construct roads or other infrastructure that threatens the
habitat of orangutans or other endangered species. However, the
managers are concerned that plans to construct a network of
roads and other infrastructure in the remaining forest habitat
of orangutans and other endangered species in Aceh could
rapidly doom these animals to extinction. No U.S. assistance is
to be used for such activities.
The conference agreement also includes Senate language
that provides that not less than $25,000,000 shall be made
available for Timor-Leste, including up to $1,000,000, which
may be transferred to and merged with Operating Expenses of the
United States Agency for International Development. The House
bill did not address this matter.
The conference agreement includes language similar to
that in the Senate amendment that recommends that $2,000,000
should be made available for assistance for countries to
implement and enforce the Kimberley Process Implementation
Scheme (KPIS). The Senate amendment would have provided
$3,500,000 for this purpose. The House bill did not address
this matter. The managers support the KPIS, an international
regime aimed at stopping the trade in ``conflict diamonds'',
and urge the diamond industry and non-governmental
organizations to provide financial assistance and expertise to
help implement KPIS. The managers endorse the Senate report
language on this issue.
The conference agreement does not include Senate language
regarding human rights programs in North Korea. This matter is
addressed under section 526.
The conference agreement contains language similar to
that in the Senate amendment that provides $3,000,000 for
international youth exchanges for secondary school students
from countries with significant Muslim populations. The House
bill did not address this matter. The managers note that the
allocation of these funds will fulfill a one-year, one-time
commitment to fund this program within the foreign operations
budget, absent a formal budget request in the future.
The conference agreement does not contain Senate language
regarding support for the provision of wheelchairs for needy
persons in developing countries. This matter is addressed under
``Child Survival and Health Programs Fund''.
The conference agreement contains language similar to
that of the Senate amendment that provides that not less than
$10,000,000 should be made available in fiscal year 2003 for a
contribution to the Special Court for Sierra Leone. The Senate
amendment would have mandated this level of assistance. The
House bill did not address this matter. The managers strongly
support the efforts of the Court and the Truth and
Reconciliation Commission to hold accountable those involved in
the atrocities committed during the conflict. The managers
continue to be disappointed that the State Department, during
fiscal year 2002, ignored the managers' recommendation to
accelerate the disbursement of United States funding for the
Court to meet pressing transportation, security, and other
needs. The managers expect $10,000,000 to be disbursed in
fiscal year 2003, and understand that these funds would fulfill
a three-year U.S. pledge of assistance for the court.
The conference agreement includes Senate language
authorizing the use of not to exceed $200,000,000 for debt
restructuring for Pakistan, and not to exceed $15,000,000 of
funds appropriated under this heading in Public Law 107-296 for
debt restructuring for Jordan. The House bill did not address
these matters.
International Fund for Ireland
The conference agreement appropriates $25,000,000 as
proposed by the House. The Senate amendment contained no
provision on this matter.
Assistance for Eastern Europe and the Baltic States
The conference agreement appropriates $525,000,000,
instead of $520,000,000 as proposed by the House and
$530,000,000 as proposed by the Senate.
The conference agreement includes language similar to
that from the House bill that provides that $5,000,000 shall be
made available for assistance for the Baltic States. The House
bill did not mandate this level of assistance. The Senate
amendment did not address this matter.
The conference agreement contains language that provides
that up to $1,000,000 should be made available for training
programs for Kosovar women. The Senate amendment would have
mandated $2,000,000 for such programs. The House bill did not
address this matter. The managers expect sufficient funding
will be provided for reconstruction, reform, and reconciliation
efforts in Kosovo. They also endorse the funding level for
Serbia as recommended in the Senate report.
The conference agreement contains language that provides
that $2,000,000 should be made available to enhance safety at
nuclear power plants. It is intended that this nuclear safety
program will entail the provision of full scope simulators. The
Senate amendment would have mandated $5,000,000 for this
purpose. The House bill did not address this matter.
The conference agreement does not include Senate language
providing $750,000 to support regional programs and activities
to promote reconciliation among ethnic groups within the former
Yugoslavia. However, the managers recommend that USAID consider
funding for such programs that are conducted by local
nongovernmental organizations.
The conference agreement includes Senate language
regarding the authority of the President to withhold certain
assistance for Bosnia if it has not complied with certain
requirements of the Dayton Accord on the withdrawal of foreign
forces, and has not terminated intelligence cooperation with
state sponsors of terrorism and terrorist organizations. The
House bill had similar language, but included a reference to
cooperation with Iranian officials rather than state sponsors
of terrorism and terrorist organizations.
The managers strongly support the funding level for
Montenegro as recommended in the House report.
The managers recommend up to a total of $5,000,000 for
the Russian, Eurasian, and East European Research and Training
Program (Title VIII). The managers also endorse House report
language in support of the East Central European Scholarship
Program (ECESP).
Assistance for the Independent States of the Former Soviet Union
The conference agreement appropriates $760,000,000,
instead of $755,000,000 as proposed by the House and
$765,000,000 as proposed by the Senate.
The conference agreement includes not less than
$60,000,000 for child survival, environmental and other health
activities, and programs to reduce the incidence of HIV/AIDS,
tuberculosis, and other infectious diseases, including
$15,000,000 for reproductive health/family planning. The
managers direct the Coordinator and USAID to utilize the higher
level of health funding to expand primary and advanced health
programs in Central Asia, with an emphasis on reducing the
incidence of tuberculosis in the region, including
consideration of proposals to establish telemedicine
partnerships between United States medical institutions and
counterparts in Central Asia. The manager also endorse House
and Senate report language regarding the Primary Healthcare
Initiative and strongly recommend that not less than $2,500,000
be made available for this program to help it to become self-
sustaining.
The managers strongly support regional cooperation
efforts among the countries of Armenia, Azerbaijan, and
Georgia. To further regional cooperation, the conference
agreement continues the current six exemptions from the
statutory restrictions on assistance to the Government of
Azerbaijan. The managers include a provision that funds
available for the Southern Caucasus may be used for confidence-
building measures and other activities related to the
resolution of regional conflicts, notwithstanding any other
provision of law, as proposed by the Senate.
The conference agreement includes not less than
$90,000,000 as proposed by the Senate instead of $83,433,000 as
proposed by the House, for assistance for Armenia under the
heading ``Assistance for the Independent States of the Former
Soviet Union''.
The managers strongly encourage the State Department to
continue discussions with the sponsors of the proposed CANDEL
project and relevant Armenian authorities on the economic
viability and sustainability of the project. The managers
recommend that continued funding for the project's study be
made available from assistance provided for Armenia in this
Act.
The managers have not included a specific amount for
Georgia in the conference agreement, as proposed by both the
Senate and the House, but continue to support the sovereignty
and territorial integrity of Georgia, and expect that the
request for Georgia will be made available by the
Administration. The managers encourage the Government of
Georgia to take more effective measures to defend human rights
and the rule of law by protecting religious minorities against
mob violence. The incidence of suchattacks without intervention
by police or other security forces is of great concern to the
Committees on Appropriations.
The managers commend USAID for its thorough review and
consideration of the establishment of an Absorptive Capacity
Fund (ACF) for Georgia. Given shifting priorities in that
country, the managers rescind their directives in the
Conference Report accompanying H.R. 4811 relating to the ACF.
The managers continue to be concerned with the murder of
John Alvis, a democracy worker with the International
Republican Institute, in Azerbaijan. The managers request that
within 30 days of enactment of this Act, the State Department
provide an update on the status of the investigation. The
managers expect the State Department and relevant Azeri
authorities to continue to make this investigation a top
priority.
The managers endorse both Senate and House language
relating to Ukraine, and reiterate concerns about violence
against members of the Rada and with the reports concerning
Ukraine's covert transfer of the Kulchuga radar system to Iraq.
The conference agreement provides that not less than
$20,000,000 should be made available for nuclear reactor safety
initiatives in Ukraine, of which $12,000,000 should be for
simulator-related projects, and not less than $1,500,000 for
coal mine safety programs. This is similar to a Senate
amendment. The House did not address this matter.
The managers endorse Senate report language regarding the
study of the environmental causes of birth defects in Rivine
and Volyn oblasts, and unexploded ordnance and excess weapons
stockpiles in Ukraine.
The conference agreement includes conditions on
assistance to the Government of the Russian Federation, with
exceptions for specified humanitarian and security programs,
with respect to its adherence in the Northern Caucasus to
certain conventional arms and human rights conventions and
agreements, as proposed by both the House and the Senate. The
managers reiterate language in the Statement of the Managers
from prior years with regard to other limitations on
assistance, ``that assistance to combat infectious diseases, .
. . support for regional and municipal governments, and
partnerships between United States hospitals, universities,
judicial training institutions and environmental organizations
and counterparts in Russia should not be affected by this
section.''
The conference agreement continues current restrictions
on United States assistance to the Government of the Russian
Federation, unless it provides full access to Chechnya for
humanitarian relief organizations. The managers deplore the
violations of human rights by both rebels and Russian security
forces in Chechnya, as well as the forced resettlement to
Chechnya of refugees who are living in appalling conditions.
The managers urge the Administration to be more vigorous in
pressing the Russian Government to seriously address these
concerns.
The conference agreement includes language providing
$17,500,000 for the Russian Far East, as proposed by the
Senate.
The conference agreement again directs the Coordinator of
Assistance to the Independent States to obligate not less than
$1,500,000, primarily through locally-based and indigenous
private voluntary organizations, to reduce trafficking in women
and children.
The managers note that request levels for several
countries in the former Soviet Union are declining rapidly, and
request that the Coordinator consult with the Committees as he
works with USAID to develop new country strategies leading
toward eventual graduation of these countries from the United
States foreign assistance programs.
Independent Agencies
INTER-AMERICAN FOUNDATION
The conference agreement appropriates $16,200,000 instead
of $16,000,000 as proposed by the House and $16,385,000 as
proposed by the Senate.
AFRICAN DEVELOPMENT FOUNDATION
The conference agreement appropriates $18,689,000 instead
of $19,689,000 as proposed by the House and $17,689,000 as
proposed by the Senate.
The conference agreement includes Senate language
pertaining to earned interest.
PEACE CORPS
The conference agreement provides $297,000,000 instead of
$317,000,000 as proposed by the House and $285,000,000 as
proposed by the Senate.
The managers have included House language waiving the so-
called ``five-year rule'' of employment in the case of
employees whose appointment involves the safety of Peace Corps
volunteers, such as regional safety security officers and
employees within the Office of Inspector General.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The conference agreement appropriates $197,000,000 for
International Narcotics Control and Law Enforcement as proposed
by the House instead of $196,713,000 as proposed by the Senate.
The conference agreement provides that $10,000,000 should
be made available for anti-trafficking in persons programs. The
Senate amendment provided $20,000,000 for this purpose, and the
House did not address this matter.
The conference agreement also provides that $10,000,000
should be made available for the demand reduction program, as
proposed by the House. The Senate did not address this matter.
Additionally, the conference agreement includes language
directing that from funds provided 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. The apportionment of these funds will
allow the Department of Treasury to respond to host governments
in a more expeditious manner than presently is occurring.
The managers endorse Senate and House report language
regarding ILEA, and expect the administration to provide
sufficient funding to complete construction on the Roswell
Center.
The conference agreement makes available $24,180,000 for
administrative expenses instead of $24,062,000 as proposed by
the House and $24,300,000 as proposed by the Senate.
ANDEAN COUNTERDRUG INITIATIVE
The conference agreement appropriates $700,000,000 for
the Andean Counterdrug Initiative instead of $731,000,000 as
proposed by the House and $650,000,000 as proposed by the
Senate.
Additionally, the conference agreement allows for the
authority to provide up to $31,000,000 through a permissive
transfer from the International Narcotics Control and Law
Enforcement funds. Such a transfer is subject to the regular
notification procedures of the House and Senate Committees on
Appropriations. The managers emphasize that there are other
funds for Andean nations in this Act that may be made available
for the Andean Regional Initiative (ARI).
The conference agreement provides that not less than
$250,000,000 shall be directly apportioned to U.S. Agency for
International Development, instead of $225,000,000 as provided
in the Senate amendment. This provision was not included in the
House bill.
The managers have extended the availability of funds
provided for assistance for Colombia to support a unified
campaign against narcotics trafficking, against activities by
organizations designated as terrorist organizations, and to
take actions to protect health and human welfare. This
provision is identical to that in the House bill and similar to
the provision included in the Senate amendment in section 563.
The managers are supportive of the Colombian Government in its
attempts to provide security for the Colombian people and have
provided the expansion of authorities in recognition that the
narcotics industry is linked to the terrorist groups, including
the paramilitary organizations, in Colombia. However, the
managers still conclude that coca provides the revenue and a
motive for the violence committed by both the guerrilla and
paramilitary groups. Therefore, the managers expect
counternarcotics, alternative development, and judicial reform
to remain the principal focus of United States policy in
Colombia. The expanded authority is not a signal from the
managers for the United States to become more deeply involved
in assisting the Colombian Armed Forces in fighting the
terrorist groups, especially not at the expense of the
counternarcotics programs, but to provide the means for more
effective intelligence gathering and fusion, and to provide the
flexibility to the Department of State when the distinction
between counternarcotics and counterterrorism is not clear cut.
The managers direct the Secretary of State to report to the
Committees on Appropriations not later than 90 days after
enactment of the changes in United States policy, including new
procedures and operations, as a result of implementing the
expanded authorities.
The conference agreement includes House language that
provides that the expanded 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 human rights in
areas under the effective control of paramilitary and guerrilla
organizations. This provision is not included in the Senate
amendment.
The managers note the requirement in the Act that the
Secretary of State, in consultation with the Administrator of
U.S. 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. This report is similar to the report required in the
fiscal year 2000 emergency supplemental appropriations act and
is required again in fiscal year 2003 given the managers'
disappointment in the level of pertinent information included
in the Department of State's Congressional Budget Justification
and congressional notifications.
Additionally, the conference agreement does not include
Senate language making all funds under this heading subject to
notification. The House bill did not include this language. The
managers note that in section 520, all funds provided for
Colombia are subject to notification.
The conference agreement continues current caps on the
number of United States military personnel and United States
civilian contractors in Colombia, as well as the current
prohibition on participation by such persons in combat
operations in connection with assistance made available by this
Act.
The conference agreement again includes conditions on the
aerial spraying of herbicide, similar to the Senate amendment,
to ensure that any use of such chemicals is consistent with the
Colombian Environmental Management Plan, with Environmental
Protection Agency regulations, and to ensure that chemicals
used in the aerial fumigation of coca do not pose unreasonable
health or safety risks to humans or the environment. The
managers intend and expect that every reasonable precaution
will be taken in the aerial fumigation program to ensure that
the exposure to humans and the environment in Colombia meets
Environmental Protection Agency standards for comparable use in
the United States.
Additionally, the managers direct the Secretary of State
to submit a report to the Committees on Appropriations, not
later than 90 days after enactment of this Act, describing (1)
the steps the Department of State is taking to enhance
environmental safeguards of the fumigation program, including
implementing the recommendations of the Environmental
Protection Agency in the fiscal year 2002 fumigation report;
(2) the Department's plan to conduct an independent, long-term
program to monitor the health and environmental effects of the
fumigation program, including conducting soil and water tests
in areas sprayed, toxicity tests on the spray formulation, and
ground verification missions to evaluate over-spray; and (3)
steps taken to implement environmental training programs for
fumigation pilots.
The conference agreement includes the House language
prohibiting funds for the resumption of flights in support of a
Peruvian air interdiction program until a system of enhanced
safeguards are in place. The Senate did not address this
matter.
The conference agreement provides that not less than
$5,000,000 from funds under this heading or under the heading
``Foreign Military Financing'' should be made available to
support a Colombian Armed Forces unit dedicated to apprehending
the leaders of paramilitary organizations. The Senate amendment
included similar language but made the provision of funds
mandatory. The House did not address this matter. The managers
believe that the capture of these individuals, for which there
are numerous outstanding arrest warrants, could contribute
significantly to reducing atrocities against civilians by these
terrorist organizations as well as enhancing public confidence
in the Colombian Government's ability to protect public safety.
The conference agreement provides that 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, instead of language proposed by the Senate
that provides that not less than $2,000,000 shall be made
available for such assistance. The House did not address this
matter.
Additionally, the conference agreement provides that not
less than $3,000,000 should be made available for software and
training for the Colombian National Police. The Senate
amendment included similar language but made the provision of
funds mandatory. The House did not address this matter.
The conference agreement provides that not less than
$3,500,000 shall be made available for the Colombian National
Park Service. This language is identical to the provision in
the Senate amendment. The House did not address this matter.
The managers endorse Senate report language regarding this
issue.
The managers endorse the language in the House report
directing that the Department of State immediately terminate
its inter-agency agreement with the Department of Justice and
transfer remaining funds to the U.S. Agency for International
Development for development, rule of law, and humanitarian
assistance programs.
The conference agreement makes available $15,680,000 for
administrative expenses of the Department of State as proposed
by the House instead of $14,800,000 as proposed by the Senate.
MIGRATION AND REFUGEE ASSISTANCE
The conference agreement appropriates $787,000,000 for
Migration and Refugee Assistance as proposed by the Senate,
instead of $800,000,000 as proposed by the House. The
conference agreement makes available $16,565,000, for
administrative expenses as proposed by the Senate instead of
$16,000,000 as proposed in the House.
The conference agreement also includes language from the
Senate amendment that provides not less than $60,000,000 for
refugees from the former Soviet Union and Eastern Europe and
other refugees resettling in Israel. The House addressed this
matter in the House report.
The conference agreement does not include Senate language
providing that funds should be made available to international
organizations for assistance for refugees from North Korea.
However, the managers remain concerned with the plight of these
refugees and expect that funding will be provided to safeguard
the human rights and dignity of North Korean refugees and
asylum seekers. The managers also expect that funds will be
made available for assistance for those Burmese exiles who have
fled to Thailand. The managers strongly encourage the State
Department to consult on an ongoing basis with the appropriate
Thai authorities, including through the establishment of a
working group, to determine how best to assist these exiles.
UNITED STATES EMERGENCY MIGRATION AND REFUGEE ASSISTANCE FUND
The conference agreement appropriates $26,000,000 for the
U.S. Emergency Migration and Refugee Assistance Fund (ERMA),
instead of $20,000,000 as proposed by the House and $32,000,000
as proposed by the Senate.
The conference agreement does not include language
included in the Senate amendment that provides the funds
notwithstanding section 2(c)(2) of the Migration and Refugee
Assistance Act of 1962. Section 2(c)(2) would limit
appropriated funds to this Fund if, when added, would cause the
balance of the fund to exceed $100,000,000.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The conference agreement appropriates $306,400,000 as
proposed by the Senate instead of $347,400,000 as proposed by
the House.
The managers intend that funds in this account be
allocated as follows:
($ in thousands)
Nonproliferation and Disarmament Fund................... $15,000
Export control and border security assistance........... 36,000
Science Centers/BW redirection.......................... 52,000
International Atomic Energy Agency...................... 52,900
CTBT Monitoring System.................................. 17,300
Korean Peninsula Economic Development:
Organization (KEDO) administrative expenses......... 5,000
Anti-terrorism assistance............................... 64,200
Terrorist Interdiction Program.......................... 5,000
Demining................................................ 46,000
International Trust Fund for Demining................... 10,000
Small arms destruction.................................. 3,000
--------------------------------------------------------------
____________________________________________________
Total........................................... 306,400
The conference agreement includes a reduction of $900,000
from the budget request for the Comprehensive Nuclear Test Ban
Treaty (CTBT) Preparatory Commission monitoring system based on
revised information from the Department of State. The managers
have been informed that the amount of $17,300,000 will fully
fund the United States contribution to the CTBT Preparatory
Commission for fiscal year 2003. The conference agreement does
not contain House language requiring a report to the Committees
on Appropriations 15 days prior to the obligation of funds
forthe Commission. Also, it does not contain Senate language mandating
a specified level of funding for the Commission.
The conference agreement includes Senate language
restricting the use of assistance for the Korean Peninsula
Energy Development Organization (KEDO). The President is
authorized to waive this restriction in section 562 to provide
up to $5,000,000 for assistance for administrative expenses
only. To the extent these funds are not programmed for KEDO,
they should be reprogrammed for support for the International
Atomic Energy Agency.
The conference agreement includes Senate language
authorizing not to exceed $675,000 for administrative expenses
associated with the demining program. The House bill did not
address this matter. The conference agreement does not contain
Senate language stating that $57,000,000 should be used for
demining and related activities; however, the managers support
$56,000,000 for these purposes, as identified above.
The conference agreement contains language similar to
that of the Senate amendment that authorizes not to exceed
$250,000 for the support of public-private partnerships for
mine action by grant, cooperative agreement, or contract. The
managers direct that the State Department provide a financial
plan for the use of these funds to the Committees on
Appropriations prior to the use of this authority. The House
bill did not address this matter.
The conference agreement does not contain Senate language
providing that $4,000,000 should be available to support the
Small Arms Destruction Initiative; however, the managers
support $3,000,000 for this purpose, as identified above.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The conference agreement provides $10,800,000 for the
International Affairs Technical Assistance program of the
Department of the Treasury, instead of $11,000,000 as proposed
by the House, and $10,500,000 as proposed by the Senate.
The managers support the efforts of the Department of the
Treasury, International Affairs Technical Assistance, to assist
nations in their efforts to reduce financial crimes and
corruption by strengthening those governmental systems. The
Department of the Treasury has been providing technical
assistance for over a decade to nations facing economic
disruption due to systemic weaknesses, post conflict crises,
terrorist influences, or criminal practices. The managers urge
the Department of the Treasury to continue its current
technical assistance program and to strengthen its law
enforcement program with additional resident and intermittent
advisors. The Committee further directs the Department of the
Treasury to manage its technical assistance program in
accordance with its own policies and to report to the
Committees on Appropriations in the House and Senate on the
status of its efforts.
The managers endorse the language of the House report
with respect to the International Affairs Technical Assistance
program.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The conference agreement does not include language
proposed by the Senate that would have prohibited funds for
travel or other purposes that do not directly expose the
individual participants to government officials or institutions
or to other individuals or organizations engaged in activities
involving public policy. The House bill did not address this
matter. The managers are aware that the Department of Defense
is in the process of issuing revised guidance on the
Information Program to address issues related to this
provision. The managers request that the Department maintain
its consultations with the Committees on this guidance.
The conference agreement provides that funding for
Guatemala, Algeria and Nigeria shall be subject to the regular
notification procedures of the Committees on Appropriations.
The managers expect that, consistent with the letter sent
to the Congress by the Assistant Secretary of State for
Legislative Affairs, the Committees on Appropriations will be
consulted prior to the obligation of funds for an Indonesian
IMET program.
The conference agreement does not include a Senate
provision directing the Department of Defense to maintain a
record of students that complete the IMET program for at least
six years after graduation. The House bill did not address this
matter. The managers note that the Office of Management and
Budget has identified shortcomings in procedures to evaluate
the performance of the IMET program. The managers have
addressed this matter by including a general provision (section
581) requiring the Secretary of State to submit a report to the
Committees on Appropriations which describes the progress being
made in improving performance evaluation procedures for the
IMET program and implementing section 548 of the Foreign
Assistance Act.
FOREIGN MILITARY FINANCING PROGRAM
(INCLUDING TRANSFER OF FUNDS)
The conference agreement appropriates $4,072,000,000 as
proposed by the Senate instead of $4,080,200,000 as proposed by
the House.
The conference agreement includes Senate language
providing for the early disbursement of funds for Israel (as
well as certain funds for Egypt) within 30 days of enactment.
The House bill included this language, along with language that
provided for disbursement of funds for both countries by
October 31, 2002, whichever was later.
The conference agreement does not include Senate language
that would have provided not less than $198,000,000 for
assistance for Jordan. The House bill did not address this
matter. The managers note that these funds have already been
obligated for assistance for Jordan.
The conference agreement does not contain language from
the Senate amendment that would have mandated not less than
$3,000,000 for Armenia. The managers expect the full IMET and
FMF funding requests for Armenia will be provided in fiscal
year 2003, and that a portion of the FMF funds should be used
to enhance communications capabilities. The House bill did not
address this matter.
The conference agreement provides that up to $93,000,000
of the funds appropriated under this heading may be transferred
to ``Andean Counterdrug Initiative'' for helicopters, training
and other assistance for the Columbian Armed Forces, rather
than up to $88,000,000 as proposed by the Senate. The House
bill would have authorized the transfer of up to $98,000,000
for this purpose to ``International Narcotics Control and Law
Enforcement''.
The managers endorse Senate report language regarding the
contents of the Foreign Military Training Report, including
information on training activities by civilian contractors.
The managers endorse Senate report language regarding
projects in the southern Philippines and increased Foreign
Military Financing assistance to the Philippines.
PEACEKEEPING OPERATIONS
The conference agreement appropriates $115,000,000
instead of $120,250,000 as proposed by the Senate and
$125,000,000 as proposed by the House.
The conference agreement does not include Senate language
providing that $7,000,000 should be made available for
Afghanistan. The House bill did not address this matter.
The conference agreement does not include Senate language
providing that not less than $50,000,000 should be made
available for Africa Regional Peacekeeping Operations and the
Africa Crisis Response Initiative. The House bill did not
address this matter. However, the managers are concerned that
adequate funding be maintained for peacekeeping operations in
Africa, and endorse the House and Senate report language on
this issue. The managers recommend up to $45,000,000 for such
activities.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
International Financial Institutions
GLOBAL ENVIRONMENT FACILITY (GEF)
The conference agreement appropriates $147,812,533 for
the Global Environment Facility as proposed by the House
instead of $177,812,533 as proposed by the Senate. The managers
intend for $107,500,000 of this amount is for the scheduled
United States contribution to the third replenishment of the
GEF, and $40,312,533 for past payments due.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The conference agreement appropriates $850,000,000 for
the International Development Association (IDA), the
concessional lending facility of the World Bank, instead of
$874,338,333 as proposed by the House and $837,338,333 as
proposed by the Senate. The managers intend that the
appropriation be made available to fully provide for the first
scheduled payment under the Untied States commitment to the
thirteenth replenishment of IDA.
The managers have not included Senate language requiring
the Secretary of the Treasury to accord a high priority in the
next replenishment of IDA to provide new grant assistance to
HIPC-eligible countries given that a grants agreement was
included in the IDA-13 replenishment.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
The conference agreement appropriates $1,631,000 for
paid-in capital for the Multilateral Investment Guarantee
Agency (MIGA), the amount provided in the Senate amendment,
instead of $1,630,696 as proposed by the House bill. The
managers intend for the appropriation to be provided for past
payments due by the United States to MIGA. Approval for a
subscription to the appropriate amount of callable capital is
also included in the conference agreement.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION
The conference agreement appropriates $18,351,667 for a
United States contribution to the Inter-American Investment
Corporation as proposed by the Senate, instead of $30,351,667
as proposed by the House.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
The conference agreement appropriates $24,590,667 for
past due payments by the United States to the Multilateral
Investment Fund as proposed by the House, instead of
$29,590,667 as proposed by the Senate.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The conference agreement provides $97,886,133 for the
United States contribution to the Asian Development Fund as
proposed by the House, instead of $100,386,133 as proposed by
the Senate.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The conference agreement appropriates $108,073,333 for
the African Development Fund as proposed by the Senate, instead
of $113,073,333 as proposed by the House.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
The managers endorse Senate report language regarding the
European Bank for Reconstruction and Development.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The conference agreement provides $195,150,000 for
voluntary contributions to International Organizations and
Programs instead of $190,400,000 as proposed by the House and
$215,000,000 as proposed by Senate.
The managers have provided $11,000,000 for the United
Nations Environment Program (UNEP), an increase of $250,000
over the fiscal year 2002 level. The managers recognize UNEP's
role in addressing global environmental problems, and believe
United States support for UNEP is necessary to achieve
important U.S. environmental objectives. However, the managers
are very concerned that UNEP's inefficient governing process
impedes its effectiveness and must be reformed, if UNEP is to
continue to receive significant U.S. support in meeting the
world's increasingly complex environmental challenges.
The conference agreement retains Senate language which
provides $500,000 for a contribution to the International
Coffee Organization (ICO) if the United States rejoins the ICO
by June 1, 2003. The House bill did not address this matter.
The conference agreement also provides that these funds should
be made available for a contribution to the United Nations
Center for Human Settlements (UNHABITAT), if the United States
does not rejoin the ICO by this date. These funds are to be in
addition to other funds made available for UNHABITAT under this
heading. The Senate bill provided $1,000,000 for UNHABITAT. The
House did not address this matter.
The managers do not have a position on rejoining the ICO
but urge the administration to consult with the Committees on
Appropriations in the House and Senate concerning a decision on
ICO membership.
The managers support the efforts of UNHABITAT to improve
the lives of destitute slum dwellers in developing countries.
The managers note that UNHABITAT has recently been revitalized
through a successful restructuring that has met United States
Government criteria for reform.
The managers intend that funds in this account be
allocated as follows:
($ in thousands)
UN Fund for Tech. Cooperation in Human Rights........... 1,500
UN Voluntary Fund for Victims of Torture................ 5,250
OAS Fund for Strengthening Democracy.................... 3,500
UNDP.................................................... 100,000
UNIFEM.................................................. 1,000
OAS Development Assistance.............................. 5,500
WTO..................................................... 2,000
ICAO Aviation Programs.................................. 300
UNEP.................................................... 11,000
Montreal Protocol....................................... 23,000
International Conservation Programs (CITES/ITTO/IUCN/
Ramsar/CCD)......................................... 6,500
IPCC/UNFCCC............................................. 6,000
International Contributions for Scientific Educational &
Cultural Activities................................. 1,850
World Meteorological Organization....................... 2,000
International Coffee Organization....................... 500
UN Center for Human Settlements......................... 250
Reserve to be allocated................................. 25,000
--------------------------------------------------------
____________________________________________________
Total........................................... 195,150
TITLE V--GENERAL PROVISIONS
(NOTE: If House and Senate language is identical except
for a different section number or minor technical differences,
the section is not discussed in the Statement of Managers.)
Sec. 503. Limitation on Residence Expenses
The conference agreement sets a limitation of $100,500
for USAID official residence expenses as proposed by the
Senate, instead of $126,500 as proposed by the House.
Sec. 505. Limitation on Representational Allowances
The conference agreement sets a limitation of $125,000 on
representation allowances from funds appropriated for USAID as
proposed by the Senate, instead of $95,000 as proposed by the
House.
Sec. 507. Prohibition Against Direct Funding for Certain Countries
The conference agreement includes language similar to
that included in the Senate amendment regarding assistance for
Iraq. The House bill did not include such a provision.
The conference agreement provides 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. Such assistance or financing
would 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. In addition, the conference report requires the
President to 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. Each 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. The
authority to provide assistance for Iraq will 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.
It is the intention of the managers that this authority
not be used inside Iraq, except for assessments of humanitarian
and relief needs by private or nongovernmental organizations,
prior to any military action against Iraq or, in the absence of
such action, prior to a change of regime in Iraq. The
limitation of the waiver to humanitarian and relief assistance
is not intended to preclude assistance for the promotion of
democracy or governance if the goal of such assistance is the
maintenance of social services and public order. The managers
expect that funds drawn from accounts in this Act under this
waiver will be promptly reimbursed through supplemental
funding.
Sec. 509. Transfers Between Accounts
The conference report includes House language on this
matter. The new provisions of this section would prohibit
transfers to any department, agency, or instrumentality of the
United States unless specifically authorized in this Act,
except for certain transfers authorized by provisions of the
Foreign Assistance Act. The managers note that a limit on
transfers from the Child Survival and Health Programs Fund is
included under that heading. In addition, transfers under
section 632(a) of the Foreign Assistance Act shall expressly
provide that the Inspector General for the agency receiving the
transfer shall perform periodic program and financial audits,
and allows for the cost of such audits to be covered by the
transfer.
Sec. 512. Countries in Default
The conference agreement includes House language that
prohibits assistance to the government of any country in
default on U.S. bilateral loans. The Senate amendment included
less restrictive provisions. This matter is addressed in the
Statement of the Managers under the heading ``Export-Import
Bank''.
Sec. 515. Notification Requirements
The conference agreement reflects a technical change
proposed by the House to include ``Capital Investment Fund'' in
the list of accounts that are subject to notification pursuant
to this section. The Senate did not address this matter.
Sec. 520. Special Notification Requirements
The conference agreement adds ``Serbia'' as proposed in
the Senate amendment to the list of countries subject to the
special notification procedures of this section, but does not
include ``Haiti'' and ``Nigeria'' as recommended by the Senate.
The managers note that IMET assistance for Nigeria is subject
to notification under a provision in title III of this Act.
Sec. 521. Definition of Program, Project and Activity
The conference agreement restates current law regarding
the definition of program, project and activity, instead of
Senate language limiting the definition.
Sec. 522. Child Survival and Health Activities
The conference agreement authorizes USAID to use up to
$13,500,000 from the ``Child Survival and Health Programs
Fund'' and up to $3,500,000 from ``Development Assistance'' for
technical experts from other government agencies, universities,
and other institutions. The managers have decreased this
authority in order to accelerate the shift to USAID direct hire
personnel of responsibility for implementation and oversight of
USAID's expanded infectious disease and basic education
activities.
The conference agreement provides that not less than
$446,500,000, as in current law, shall be made available for
reproductive health/family planning activities from funds
appropriated by this Act, including $368,500,000 from the Child
Survival and Health Programs Fund, $15,000,000 from Assistance
to the Independent States of the Former Soviet Union, and
$63,000,000 from other accounts such as the Economic Support
Fund, International Disaster Assistance, Assistance to Eastern
Europe and the Baltic States, and Migration and Refugee
Assistance.
Sec. 523. Afghanistan
The conference agreement provides that not less than
$295,500,000 of the funds appropriated by title II shall be
made available for humanitarian and reconstruction assistance
for Afghanistan, as proposed by the House. The Senate amendment
proposed not less than $213,000,000 for Afghanistan from titles
II and III. Of this amount, not less than $5,000,000 is for
activities supported by the Afghan Ministry of Women's Affairs
including multi-service women's resource centers in
Afghanistan.
The managers intend that funds provided under this
section be allocated as follows:
($ in thousands)
Child Survival and Health Programs Fund................. 50,000
Development Assistance.................................. 40,500
International Disaster Assistance....................... 85,000
Transition Initiatives.................................. 10,000
Economic Support Fund................................... 50,000
Nonproliferation, Anti-terrorism, etc (NADR)............ 5,000
USAID Operating Expenses................................ [9,350]
USAID IG Operating Expenses............................. [500]
Migration and Refugee Assistance........................ 55,000
--------------------------------------------------------
____________________________________________________
Total........................................... 295,500
The conference agreement does not include a Senate
provision that not less than $1,500,000 should be made
available for the National Human Rights Commission of
Afghanistan. However, the managers recognize the critical need
for timely and credible investigations of the full range of
human rights violations in Afghanistan and expect USAID to
continue to support the Commission.
The conference agreement does not include Senate language
requiring a report by the Secretary of State that details
women's development programs in Afghanistan supported by the
United States Government, and barriers that impede women's
development in Afghanistan. However, the managers request the
Secretary to submit such a report, not later than 90 days after
enactment of this Act, including proposed United States
assistance programs and activities to overcome such barriers.
Sec. 525. Authorization Requirement
The conference agreement includes language that provides
that funds appropriated by this Act 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, as provided in the House bill and the Senate amendment.
It includes House language exempting the account ``Peace
Corps'' and Senate language exempting the accounts ``Trade and
Development Agency,'' ``Migration and Refugee Assistance'',
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'', ``International Military Education and Training''
and ``Foreign Military Financing Program'' from these waivers.
Sec. 526. Democracy Programs
The conference agreement contains language in subsection
(a) that provides not less than $15,000,000 shall be made
available for activities to support democracy, human rights,
and the rule of law in the People's Republic of China, Hong
Kong, and Tibet. Of these funds, not less than $9,000,000 shall
be provided through the Human Rights and Democracy Fund of the
Bureau of Democracy, Human Rights and Labor, Department of
State and not less than $3,000,000 shall be provided through
the National Endowment for Democracy. In addition, subsection
(a) authorizes funding of not to exceed $3,000,000 for
nongovernmental organizations to support activities that
preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan
communities in the Tibetan Autonomous Region and in Tibetan
communities in China. In addition, funds should be made
available for Taiwan for the purposes of furthering political
and legal reforms to the extent that they are matched from
sources other than the United States Government. In addition,
the conference report provides not less than $15,000,000 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. Not less than $3,000,000 of these
funds should be made available for programs and activities that
provide professional training for journalists. Of the funds for
Muslim countries, not less than $7,000,000 shall be provided
through the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights and Labor, Department of State and not
less than $5,000,000 shall be provided through the National
Endowment for Democracy. In addition, funds are authorized for
the advancement of democracy and human rights in Iran.
Funds provided in this section for the Human Rights and
Democracy Fund are in addition to the $12,000,000 budget
request for said Fund in fiscal year 2003. In addition, the
conference agreement includes language requiring a report from
the Secretary of State with 120 days of enactment on the
allocation, obligation, and expenditure of funds made available
for the National Endowment for Democracy. The Senate amendment
would have required the obligation and disbursement of such
funds within 90 days of enactment of this Act.
Of the $12,000,000 in base funds for the Human Rights and
Democracy Fund, the managers direct that $1,000,000 be provided
(within 120 days of enactment) for the Reagan/Fascell Program,
and $250,000 be provided for the North Korean human rights and
democracy program as identified in the Senate amendment under
``Economic Support Fund''.
All funds provided under this section are subject to the
regular notification procedures of the Committees on
Appropriations.
Sec. 527. Prohibition on Bilateral Assistance to Terrorist Countries
The conference agreement includes House language on this
matter, which prohibits funds to any country that the President
determines is supporting terrorism. The Senate amendment would
have prohibited funds to the government of any such country.
Sec. 528. Debt for Development
The conference agreement includes House language on this
matter. The Senate amendment would have authorized the use of
appropriated funds for endowments.
Sec. 533. Impact on Jobs in the United States
The conference agreement modifies the scope of this
section with respect to internationally recognized worker
rights as described in section 507 of the Trade Act of 1974, as
contained in the Senate amendment. The House bill did not
address this matter.
Sec. 534. Special Authorities
The conference agreement includes House language
providing certain authority for assistance for Lebanon and
Montenegro, and Senate language on authority for assistance for
Afghanistan, assistance to victims of trafficking, and
assistance to combat trafficking. The conference agreement does
not include House language, not in the Senate amendment, that
would have authorized assistance for Cambodia under section 541
of the Foreign Assistance Act notwithstanding certain other
restrictions contained in this Act. In addition, it does not
contain language from the Senate amendment, not in the House
bill, that would subject assistance for Cambodia to the
provisions of section 531(e) of the FAA and section 906 of the
International Security and Development Cooperation Act of 1985.
Those provisions have the effect of permanent law, and the
Senate language is therefore unnecessary.
The managers have reduced current authority for certain
bureaus and offices in USAID to hire personal service
contractors, continued existing authority for USAID to provide
support for administrative costs of a program to provide
information regarding available donated space on commercial
ships to organizations shipping humanitarian assistance, and
provides for expanded authorities under section 660(b)(6) of
the Foreign Assistance Act of 1961.
The conference agreement includes Senate language
deleting a requirement that the Secretary of the Treasury
provide certain annual reports. The House did not address this
matter.
Sec. 535. Arab League Boycott of Israel
The conference report includes Senate language on this
matter, except that the ``Sense of the Congress'' rather than
the ``Sense of the Senate'' is invoked. Among other things, the
language calls upon the Arab League states to normalize
relations (including the reinstatement of ambassadors by the
three Arab League nations with relations with Israel) with
Israel. The House bill contained current law on this matter.
Sec. 537. Eligibility for Assistance
The conference agreement consolidates current language
regarding assistance to non-governmental organizations in
certain countries as proposed by the Senate. The House bill did
not change current law.
Sec. 543. Prohibition on Assistance to Foreign Governments that Export
Lethal Military Equipment to Countries Supporting International
Terrorism
The conference agreement reflects the House language that
includes a technical correction not included in the Senate
amendment.
Sec. 544. Withholding of Assistance for Parking Fines Owed by Foreign
Countries
The conference agreement allows 110 percent of the total
amount of unpaid parking fines determined to be owed by foreign
countries to the District of Columbia and New York City, New
York, to be withheld from obligation for assistance to such
country, as proposed by the Senate. The language is similar to
that proposed by the House.
Sec. 546. War Crimes Tribunals Drawdown
The conference agreement includes House and Senate
language authorizing up to $30,000,000 in drawdowns of
commodities or services for war crimes tribunals. The
conference agreement includes House language that specifies
that any drawdown made under this section shall not be
construed as an endorsement or precedent for the establishment
of any standing or permanent international criminal tribunal or
court. The Senate amendment did not address this matter.
Sec. 549. Prohibition of Payment of Certain Expenses
The conference agreement includes Senate language, not in
the House bill, that adds theatrical and musical productions to
the list of activities prohibited under this section.
Sec. 550. Restrictions on Voluntary Contributions to United Nations
Agencies
The conference agreement is similar to the House bill but
deletes the certification requirement. The Senate did not
address this matter.
Sec. 551. Caribbean Basin
The conference agreement makes certain purchases of
defense articles and services available to the Haitian Coast
Guard but does not include House language, not in the Senate
amendment, requiring that such transfers be subject to
notification.
The conference agreement provides that not less than
$52,500,000 should be allocated for assistance to Haiti from
funds in title II of this Act and food assistance fund managed
by USAID. This provision is identical to language in the House
bill and was not included in the Senate amendment.
Additionally, the conference agreement includes identical
language as included in the House bill that provides that out
of funds in title II of this Act, $37,680,000 should be
allocated for Nicaragua and $40,130,000 should be allocated for
Honduras. The Senate did not address this matter.
Sec. 554. Protection of Biodiversity and Tropical Forests
The conference agreement includes language directing that
USAID should make available $145,000,000 for programs and
activities that directly protect biodiversity. The managers
strongly support these efforts and expect these funds to be
used to protect tropical forests, including support of projects
to deter illegal logging in Indonesia, Central Africa and
elsewhere, and other threatened biologically diverse areas,
both terrestrial and marine. Of this amount, up to $40,000,000
may be available for the subsidy cost of modifying loans and
loan guarantees, pursuant to the provisions of the Tropical
Forest Conservation Act of 1998. The managers commend the
Administration for its Congo Basin Forest Initiative and expect
full funding to be made available for the Central African
Regional Program for the Environment.
Sec. 555. Energy Conservation, Energy Efficiency and Clean Energy
Programs
The managers support programs that conserve energy and
promote clean and efficient energy production and distribution
in developing countries. The conference agreement provides that
$175,000,000 should be made available for these programs.
This section also requires the Executive Office of the
President to submit an updated and revised annual government-
wide report on federal activities and costs relating to climate
change and greenhouse gas emissions. The House bill did not
address this matter.
Sec. 556. Zimbabwe
The conference agreement is the same as current law and
is identical to the Senate amendment. The House did not address
this matter.
Sec. 557. Nigeria
The conference agreement includes language similar to
that of the Senate amendment that restricts the use of IMET and
FMF for Nigeria until the President certifies to the Committee
on Appropriations that certain specified Nigerian officials 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.
The President may waive such prohibition if he determines that
doing so is in the national security interest of the United
States. Prior to exercising such waiver authority, the
President is required to 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. The
managers expect the Department of State will consult with the
Committees on Appropriations on the form the report will take.
Sec. 558. Burma
The conference agreement includes a modified version of
the Senate's provision on the use of the Economic Support Fund
in Burma and along the Burma-Thailand border, and, in addition,
a House provision, similar to language in prior year Acts,
regarding independent media activities promoting democracy
inside Burma.
The managers deplore the failure of Burma's State Peace
and Development Council (SPDC) to resume dialogue with Daw Aung
San Suu Kyi and the National League for Democracy, and urge the
immediate release of all prisoners of conscience in Burma. The
managers continue to expect that United States Government
programs and activities conducted inside Burma, including HIV/
AIDS programs, will be carried out in consultation with the
leadership of the National League for Democracy.
The managers note the systematic abuse of human rights by
the SPDC, especially in campaigns of violence against Burmese
minorities, including rape of girls and women and forced
evacuations of villages. These campaigns have displaced an
estimated one million persons inside of Burma and an equal
number in neighboring countries.
In order to expand the provision of health services to
displaced Burmese, including those who live in appalling
conditions outside of refugee camps in Thailand, the managers
expect that $1,000,000 will be provided to continue to support
efforts to combat HIV/AIDS inside of Burma, and that not less
than $1,000,000 will be provided to support efforts to limit
malaria and infectious diseases among Burmese along the Burma-
Thailand border. These funds are to be made available under the
heading ``Child Survival and Health Programs Fund'' in this
Act, and are in addition to the amounts provided under this
section.
The managers request that within 120 days of enactment of
the Act, the Administrator of USAID, in consultation with the
Department of State, provide a report to the Committees on
Appropriations that describes the estimated number and
condition of displaced persons inside Burma and Burmese
refugees, exiles, or migrant workers in Thailand and proposes
steps that the United States Government could take, working
with other donors and not providing direct support to the SPDC,
to address the root causes of this crisis and to better provide
for the humanitarian needs of displaced Burmese.
The managers recommend that up to $500,000 be made
available to support a new initiative inside Burma that
utilizes the expertise of the leadership of the National League
for Democracy (NLD) in determining and addressing the urgent
needs of the people of Burma. The managers recommend that the
State Department consult with the NLD on the development of
this initiative, and request to be regularly updated on its
progress.
Sec. 560. Cambodia
The conference agreement includes House language
providing that the Secretary of the Treasury should instruct
U.S. executive directors of international financial
institutions to oppose loans to the Central Government of
Cambodia, except loans to support basic human needs. The Senate
amendment would have mandated such instructions. In subsection
(b), the conference agreement contains language similar to that
of the Senate amendment that prohibits assistance for the
Central Government of Cambodia, except that this provision does
not apply to assistance for basic education, reproductive and
maternal and child health, cultural and historic preservation,
and for the Ministry of Women and Veterans Affairs to combat
human trafficking, and for certain assistance provided through
nongovernmental organizations. The House bill restricted
assistance except for basic education and assistance provided
under ``Child Survival and Health Programs Fund''.
In subsection (c), the conference agreement provides that
up to $5,000,000 may be made available, notwithstanding the
above restriction, for activities to support democracy,
including democratic political parties in Cambodia. In
subsection (d), the conference agreement provides that
$3,750,000 of the funds made available in this Act shall be
made available, notwithstanding the above restriction, 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 USAID. 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.
The managers endorse the Senate report language regarding this
issue. The House bill did not address these matters.
The managers condemn the recent riots in Cambodia, and
are concerned with the Cambodian Government's failure to
protect foreign embassies and foreign-owned businesses in Phnom
Penh. The managers note that in a statement issued on February
6, 2003, the State Departmentstated that the United States was
``particularly concerned by indications that the government is using
the situation to target the political opposition and independent
media''. The managers request that within 60 days of enactment of this
Act, the Secretary of State report to the Committees on Appropriations
on the complicity of the Cambodian Government in the riots (including
an explanation of the failure of Cambodian authorities to respond to
the riots in a timely and effective manner), and steps taken by the
governments of Thailand and Cambodia to credibly investigate the riots.
The managers encourage the administration to continue to forcefully and
publicly condemn election-related violence and intimidation in the run
up to the July parliamentary elections.
Sec. 562. Korean Peninsula Energy Development Organization
The conference agreement includes language similar to
that of the Senate amendment that prohibits funding for the
Korean Peninsula Energy Development Organization (KEDO), except
for up to $5,000,000 for administrative expenses if the
President determines that it is vital to the national security
interests of the United States. Such funding is subject to
notification. The House bill would have limited funding for
KEDO to $50,000,000 only for administrative expenses and heavy
fuel oil costs associated with the Agreed Framework. In
addition, the House bill required several certifications by the
President prior to the obligation of funding for KEDO.
Section 563. Palestinian Statehood
The conference agreement includes House language that
prohibits funding to support a Palestinian state unless the
Secretary of State makes certain determinations, including: a
new leadership of a Palestinian governing entity has been
democratically elected through credible and competitive
elections; the elected governing entity has demonstrated a firm
commitment to peaceful co-existence with Israel; is taking
appropriate measures to counter terrorism; and is establishing
a new Palestinian security entity that is fully cooperative
with appropriate Israeli and other appropriate security
organizations; and the Palestinian Authority or its successor
is working with other countries in the region to vigorously
pursue efforts to establish a just, lasting, and comprehensive
peace in the Middle East, including normal relations between
Israel and an independent Palestinian state in a number of
areas. It also expresses the sense of the Congress that the
newly elected governing entity should enact a constitution
assuring the rule of law, an independent judiciary, respect for
human rights, and other laws and regulations assuring
transparent and accountable governance. This section also
includes a waiver of the restrictions herein based on national
security interests of the United States, and exempts assistance
to the Palestinian Authority and affiliated institutions, or a
newly elected governing entity, in order to help meet the
requirements of this section, consistent with the provisions of
section 552 of this Act. The Senate amendment contained
language similar to the House bill on this matter.
Section 564. Colombia
The conference agreement includes a modified version of
the House and Senate provisions on conditioning funds for
Colombian Armed Forces.
Sec. 567. Iraq
The conference agreement includes language similar to
that in the House bill, which provides that funds from the
Economic Support Fund may be made available for programs
benefiting the Iraqi people and to support efforts to bring
about political transition in Iraq. The conference agreement
also includes language that provides that none of the funds
made available pursuant to the authorities provided in this
section may be made available to any organization to reimburse
or pay for costs incurred by such organization in prior fiscal
years. Funds would be subject to the regular notification
procedures of the Committees on Appropriations.
Sec. 568. West Bank and Gaza Program
The conference report includes House language on this
matter. It contains prior year language (also in the Senate
amendment) requiring the Comptroller General of the United
States to certify that procedures have been established to
assure access to appropriate financial information in order to
review the uses of funds provided for the West Bank and Gaza
Program of the Economic Support Fund. In addition, the language
requires the Secretary of State to take all appropriate steps
to ensure that assistance is not provided to entities or
individuals that advocate, plan, sponsor, engage in, or have
engaged in, terrorist activity. Finally, the language requires
annual audits of all contractors and grantees, and significant
subcontractors and subgrantees. Up to $1,000,000 is authorized
to be made available to the Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of this
provision.
Sec. 569. Indonesia
The conference agreement includes language similar to
that of the Senate amendment on this matter. It would allow
assistance for Indonesia appropriated under ``Foreign Military
Financing Program'' and licenses for export of lethal defense
articles for the Indonesian military only if the President
certifies that the Government of Indonesia and the Indonesian
Armed Forces are taking certain measures, including suspending
from the Armed Forces those members, of whatever rank, who have
been credibly alleged to have committed gross violations of
human rights, or aided or abetted militia groups, as well as
prosecuting those members and punishing them, if they have been
found to have committed such acts. In addition, the language
requires the President to certify that 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. Finally, the language requires the President to
certify that the Minister of Defense is making publicly
available audits of receipts and expenditures of the Indonesian
Armed Forces. The House bill included similar language, but did
not address the issue of export licenses for lethal defense
articles.
Sec. 570. Restrictions on Assistance to Governments Destabilizing
Sierra Leone
The conference agreement includes a provision identical
to the House bill that prohibits assistance to any government
for which the Secretary of State has credible evidence that
such government has aided or abetted, within the previous six
months, in the illicit distribution, transportation, or sale of
diamonds mined in Sierra Leone. The language is similar to the
Senate amendment.
Sec. 572. Contributions to the United Nations Population Fund
The managers note that $34,000,000 appropriated for the
United Nations Population Fund (UNFPA) in P.L. 107-115 has not
been obligated due to a determination by the Secretary of State
in July 2002 that UNFPA's program in the People's Republic of
China was in violation of the Kemp-Kasten amendment. The
conference agreement provides that these prior year funds, and
an equivalent amount from this Act, shall be made available to
UNFPA if the President determines that UNFPA is no longer in
violation of the Kemp-Kasten amendment. The conference
agreement also contains a prohibition on the use of United
States funds in China as well as all other restrictions in
current law.
Sec. 573. Procurement and Financial Management Reform
The conference agreement includes House language
withholding 10 percent of the funds made available for
international financial institutions until the Secretary of the
Treasury certifies that a number of procurement and financial
management reforms are being implemented. The Senate did not
address this matter.
Sec. 574. Central Asia
The conference agreement includes the identical provision
included in the Senate amendment that conditions the assistance
to the Government of Uzbekistan unless the Secretary of State
determines and reports that the Government of Uzbekistan is
making progress and meeting commitments of the Declaration of
Strategic Partnership. The House addressed this matter in title
II.
The conference agreement includes a provision similar to
the Senate provision related to human rights and democracy in
Central Asia, but adds a national security interest waiver for
the Secretary of State with regard to assistance for
Kazakhstan. The managers urge the Secretary to pursue an
agreement with the Government of Kazakhstan similar to the
Declaration on the Strategic Partnership and Cooperation
Framework signed by the United States and the Government of
Uzbekistan addressing democracy, human rights and other matters
of mutual interest.
The conference agreement contains a provision similar to
the Senate amendment requiring the Secretary of State to submit
periodic reports on the provision of defense articles and
financial assistance to the countries of Central Asia. The
House did not address this matter.
Sec. 576. War Criminals
The conference agreement contains language similar to
that in both the House bill and Senate amendment regarding war
criminals in the Balkans.
Sec. 577. User Fees
The conference agreement includes the Senate language
that expands the current law restriction requiring the
Secretary of Treasury to instruct the U.S. Executive Directors
to oppose any loan, grant strategy or policy that would require
user fees on poor people for primary education or healthcare in
connection with the institutions' financing programs. The House
provision reflected current law.
Sec. 578. Funding for Serbia
The conference agreement contains current law on this
matter, except that the provisions of this section affect
assistance for Serbia after June 15 of this year, rather than
after March 30 as in the fiscal year 2002 appropriations Act.
In addition, technical modifications have been inserted to
refer to a successor state to the Federal Republic of
Yugoslavia (FRY).
The House bill would have applied the provisions of this
section to assistance for the governments of Serbia and the
FRY. The Senate bill would have imposed certain additional
requirements on the FRY beyond those in current law.
Sec. 579. Prohibition on Taxation of United States Assistance
The conference agreement contains language similar to
that of the House bill that provides that none of the funds
appropriated in 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 commodities purchased with 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. The language also requires that, of the funds
appropriated by this Act that are allocated for assistance for
a foreign country and for the West Bank and Gaza Program, an
amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2003 against United States assistance
programs by a foreign government or entity, either directly or
through grantees, contractors and subcontractors, shall be
withheld from assistance for such country or entity in fiscal
year 2004 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. Foreign taxes of a de minimis nature are not
subject to these reimbursement provisions. Of the funds
withheld from obligation for each country or entity pursuant to
this section, one-half may become available for reprogramming
for other purposes (pursuant to section 515 of this Act and
consistent with the purposes for which such funds were
originally appropriated) and one-half shall be deposited in the
General Fund of the Treasury on, or within 5 days after,
September 1, 2004. The language also requires the Secretary of
State to issue rules, regulations, or policy guidance, as
appropriate, to implement the prohibition against the taxation
of assistance contained in this section. The Senate amendment
did not address this matter.
Sec. 580. GAO Report
The conference report contains language similar to that
of the House bill that requires a report from the Comptroller
General to the Committees on Appropriations no later than
November 1, 2003, on the extent to which the Department of
State is complying with section 301(c) of the Foreign
Assistance Act 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 said
section. This audit shall review the implementation of
procedures by the United Nations Relief and Works Agency for
Palestine Refugees in the Near East (UNRWA) regarding this
provision of law. The conference agreement does not include
language from the House requiring a report from the Secretary
of State on this matter, but the managers are agreed that the
Secretary shall comply with the requirements of the House bill
in this regard.
Sec. 582. Community-Based Police Assistance
The conference agreement includes language similar to the
Senate language authorizing use of certain USAID-administered
funds in title II of this Act for support for civilian police
in Jamaica and El Salvador, but not Indonesia as included in
the Senate amendment, notwithstanding section 660 of the
Foreign Assistance Act. The House did not address this matter.
Sec. 583. Overseas Private Investment Corporation and Export-Import
Bank Restrictions
The conference agreement includes a provision identical
to the Senate amendment and current law and prohibits the use
of funds by OPIC and Export-Import Bank from financing
investments in connection with a project involving the mining,
polishing or other processing, or sale of diamonds in a country
that fails to implement the recommendations, obligations and
requirements developed by the Kimberley Process or taking
measures that the Secretary of State determines to contribute
effectively to preventing and eliminating the trade in conflict
diamonds.
Sec. 584. Trade Capacity Building
The conference agreement includes a provision identical
to the House bill that provides that not less than $452,000,000
should be made available for trade capacity building assistance
from the Trade and Development Agency, Development Assistance,
Transition Initiatives, ESF, International Affairs Technical
Assistance, and International Organizations and Programs
accounts. The Senate did not address this matter.
Sec. 585. Transparency and Accountability
The conference agreement includes Senate language
requiring the Secretary of State to submit a report concerning
the public disclosure of revenues from extractive industries
and other sources by governments of countries that receive
United States assistance. The House did not address this
matter. The managers endorse the Senate report language
regarding this issue.
Sec. 586. American Churchwomen and Other Citizens in El Salvador and
Guatemala
The conference agreement contains Senate language on this
matter. The House bill contained similar language.
PROVISIONS NOT ADOPTED BY THE CONFEREES:
The conference agreement does not include section 549 of
the Senate amendment regarding ``Tibet'' urging U.S. Executive
Directors to International Financial Institutions to support
certain types of projects in Tibet. The House bill did not
address a similar provision. The managers are aware of concerns
raised by the Department of the Treasury about this provision,
however, the managers strongly support the intent of this
provision and expect to be consulted prior to votes in the
International Financial Institutions on projects in Tibet.
The conference report does not include section 554 of the
House bill regarding ``Discrimination Against Minority
Religious Faiths in the Russian Federation.'' The Senate did
not include this provision.
The conference report does not include section 555 of the
House bill regarding ``Assistance for the Middle East.'' The
Senate amendment did not address this matter.
The conference report does not include section 565 of the
House bill regarding ``Briefings on Potential Purchases of
Defense Articles or Defense Services by Taiwan.'' The Senate
did not address this matter. This matter is addressed in
permanent law.
The conference report does not include section 578 of the
Senate bill regarding ``Excess Defense Articles for Central and
Southern European Countries and Certain Other Countries.'' The
House did not address this matter. These authorities already
exist for fiscal year 2003.
The conference report does not include section 579 of the
House bill ``Tropical Forest Conservation.'' The text of this
provision is included in section 554 ``Protection of
Biodiversity and Tropical Forests.''
The conference report does not include section 580 of the
House bill regarding ``Authorizations''. The Senate amendment
did not address this matter.
The conference report does not include section 581 of the
House bill and section 580 of the Senate amendment regarding
Cuba.
The conference agreement does not include section 583 of
the Senate amendment regarding ``Regional Democracy Programs
for East Asia and the Pacific.'' The House did not address this
matter.
The conference agreement does not include section 585 of
the Senate amendment extending the prohibition of oil and gas
drilling in the Great Lakes of the United States. The House
bill did not address this matter.
The conference agreement does not include section 586 of
the Senate amendment regarding the ``Sense of the Senate with
Respect to North Korea''. The House did not address this
matter.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2003 recommended by the Committee of Conference,
with comparisons to the fiscal year 2002 amount, the 2003
budget estimates, and the House and Senate bills for 2003
follow:
New budget (obligational) authority, fiscal year 2002... $16,586,780
Budget estimates of new (obligational) authority, fiscal
year 2003........................................... 16,492,896
House bill, fiscal year 2003............................ 16,594,574
Senate bill, fiscal year 2003........................... 16,474,739
Conference agreement, fiscal year 2003.................. 16,345,186
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2002.............................................. -241,594
Budget estimates of new (obligational) authority,
fiscal year 2003.................................. -147,710
House bill, fiscal year 2003............................ -249,388
Senate bill, fiscal year 2003........................... -129,553
DIVISION F
Department of the Interior and Related Agencies Appropriations
The conference agreement on the Interior and Related
Agencies Appropriations Act, 2003, incorporates some of the
provisions of H.R. 5093 as passed by the House of
Representatives on July 18, 2002, and the Senate version of
H.J. Res. 2 (Division F and Division N) as passed by the Senate
on January 23, 2003. Report language and allocations set forth
in either House Report 107-564 or the Senate report language
published in the Congressional Record of January 15, 2003, that
are not changed by the conference are approved by the committee
of conference. The statement of the managers, while repeating
some report language for emphasis, does not negate the language
referenced above unless expressly provided herein.
No funds in this Act are derived from the Conservation
Spending Category established in the Department of the Interior
and Related Agencies Appropriations Act, 2001. However, the
programs previously funded under this category are, for the
most part, continued in fiscal year 2003.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
The conference agreement provides $825,712,000 for
management of lands and resources instead of $826,932,000 as
proposed by the House and $816,062,000 as proposed by the
Senate.
Increases above the House for land resources include
$1,000,000 for noxious weeds for the Montana State University
weed program, $500,000 for Idaho weed control, and a decrease
of $500,000 for range monitoring.
There is a decrease below the House for wildlife and
fisheries of $500,000 for fisheries management.
There is a decrease below the House for threatened and
endangered species of $87,000 for travel.
Increases above the House for recreation management
include $1,000,000 for Missouri River undaunted stewardship,
$400,000 for Colorado Canyons, and decreases of $250,000 for
recreation access, and $302,000 for conversion of certain lands
to fee sites.
The managers do not concur with the House proposal
concerning funding for the energy and minerals program. Funding
for this program shall be at the level proposed for activities
in the request but with the following modifications. An
increase of $750,000 for permitting of geothermal energy
applications and wind energy rights-of-way in Nevada,
$1,000,000 for applications for permits to drill, principally
in the Powder River Basin, and $272,000 for the Alaska minerals
program.
Increases above the House for realty and ownership
management include $2,000,000 for Alaska conveyance, $1,100,000
for the cadastral survey program, of which $750,000 is for
continuation of the public lands database in AK, $350,000 is
for the State of Utah Automated Geographic Reference Center,
and $750,000 is for additional Nevada personnel.
The managers have modified the Senate language concerning
the Alaska conveyance program. The managers expect the Bureau
to develop a plan to complete work on all allotment
applications and all land selections under the Alaska Native
Claims Settlement Act of 1971 and the Alaska Statehood Act of
1959 by 2009, 50 years after its enactment and nearly 40 years
after the deadline for applying for Native allotments.
Increases above the House for resources protection and
maintenance include $500,000 for the Alaska resources library
and decreases of $200,000 for desert rangers, and $300,000 for
the restoration of lands in Arizona.
Increases above the House for transportation and
facilities maintenance include $250,000 for the Iditarod
National Historic Trail, $1,000,000 for capping oil wells in
National Petroleum Reserve Alaska and decreases of $200,000 for
California Desert communications, and $2,000,000 for fish
passage improvements.
There is a decrease below the House for land and
resources information of $403,000.
There is a decrease below the House for challenge cost
share of $5,000,000. The conference agreement includes an
increase of $5,000,000 in the challenge cost share program for
the Cooperative Conservation Initiative.
WILDLAND FIRE MANAGEMENT
The conference agreement provides $654,406,000 for
wildland fire management instead of $855,332,000 as proposed by
the House and $654,254,000 as proposed by the Senate.
Decreases below the House for preparedness include
$826,000 for travel and $600,000 for fire employment duration.
There is an increase above the House for other operations
of $500,000 for the University of Montana fire program.
There is a decrease below the House of $200,000,000,
which had been proposed as a fiscal year 2002 emergency
supplemental appropriation. The managers note that in lieu of
these funds the Department has been provided $189,000,000 for
fire reimbursement elsewhere in the bill.
The managers note that the Department of the Interior and
the Department of Agriculture have begun full implementation of
the 10-Year Comprehensive Strategy to reduce wildland fire
risks. This strategy involves extensive collaboration with
communities in the selection of hazardous fuels projects. In
support of the strategy, the Departments have developed
detailed criteria for the execution of such hazardous fuels
reduction efforts. The managers feel that collaboration with
communities and the use of criteria for project selection
provide a suitable basis for planning the expenditure of funds,
and accordingly do not concur with Senate report language
requiring that seventy percent of hazardous fuels funds be used
in the wildland urban interface.
Because of the managers continuing concern about fire
suppression costs during major incidents, the Forest Service
and the Department of the Interior are directed to contract
with the National Academy of Public Administration for
appropriate follow-up work to their study of 2002. The
Departments should equally share the cost of the review and the
review should be conducted forthwith.
CENTRAL HAZARDOUS MATERIALS FUND
The conference agreement provides $9,978,000 for the
central hazardous materials fund as proposed by the House and
Senate.
CONSTRUCTION
The conference agreement provides $11,976,000 for
construction instead of $10,976,000 as proposed by the House
and $12,976,000 as proposed by the Senate.
There is an increase above the House for construction of
$1,000,000 for the California Trail Interpretive Center, NV.
PAYMENTS IN LIEU OF TAXES
The conference agreement provides $220,000,000 for
payments in lieu of taxes instead of $230,000,000 as proposed
by the House and $210,000,000 as proposed by the Senate.
LAND ACQUISITION
The conference agreement provides $33,450,000 for land
acquisition instead of $47,486,000 as proposed by the House and
$30,150,000 as proposed by the Senate. Funds should be
distributed as follows:
Area (State) Amount
Cosumnes River Watershed (easements only)(CA)........... $2,500,000
El Dorado Preserve (CA)................................. 2,000,000
Golden Bair Ranch (CO).................................. 1,500,000
Kasha-Katuwe Tent Rocks (NM)............................ 1,500,000
King Range National Conservation Area (CA).............. 2,000,000
Lewis and Clark NHT (ID)................................ 1,000,000
Lewis and Clark NHT (MT)................................ 1,000,000
Moses Coulee (WA)....................................... 1,000,000
Otay Mountains (Kuchamaa) (CA).......................... 1,250,000
Patterson Bend/Squaw Leap Management Area (CA).......... 900,000
Potrero Creek (CA)...................................... 2,000,000
Rio Grande National Wild and Scenic River (NM).......... 3,500,000
Sandy River (OR)........................................ 2,500,000
Santa Rosa and San Jacinto Mountains NM (CA)............ 1,000,000
Sears Point Area Critical Env'tal Concern/Juan Bautista
De Anza NHT (AZ).................................... 800,000
Snake River Birds of Prey Nat'l Conservation Area (ID).. 1,000,000
Upper Snake/South Fork Snake River (ID)................. 2,000,000
Washington State Land Exchange (WA)..................... 1,000,000
Use of carryover balances............................... -1,000,000
Subtotal............................................ 27,450,000
--------------------------------------------------------
____________________________________________________
Land Equalization Payment............................... 500,000
Acquisition Management.................................. 4,000,000
Emergency/Inholdings/Relocation......................... 1,500,000
--------------------------------------------------------
____________________________________________________
Total............................................... $33,450,000
The Committee has consistently supported the West Eugene
Wetlands acquisition program over the years, and is aware that
the Federal portion of the acquisition program is nearing
completion. In order to conclude the project properly, certain
issues regarding the status of lands in the project area must
be resolved. Should these issues be resolved in a manner that
warrants additional Federal acquisition support, the managers
will consider providing funding to complete the project in
future budgets.
Funds for the Golden Bair Ranch are conditioned on BLM
providing public access to this property. The money for
Cosumnes River Watershed is restricted to conservation
easements only. The managers have reprogrammed Spring Gulch
funds to the Continental Divide NST and Devils Canyon Ranch as
proposed by the Senate.
OREGON AND CALIFORNIA GRANT LANDS
The conference agreement provides $105,633,000 for Oregon
and California grant lands as proposed by the House and Senate.
RANGE IMPROVEMENTS
The conference agreement provides an indefinite
appropriation for range improvements of not less than
$10,000,000 as proposed by the House and Senate.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The conference agreement provides an indefinite
appropriation for service charges, deposits, and forfeitures,
which is estimated to be $7,900,000 as proposed by the House
and Senate.
MISCELLANEOUS TRUST FUNDS
The conference agreement provides an indefinite
appropriation of $12,405,000 for miscellaneous trust funds as
proposed by the House and Senate.
UNITED STATES FISH AND WILDLIFE SERVICE
Resource Management
The conference agreement provides $917,429,000 for
resource management instead of $918,359,000 as proposed by the
House and $902,697,000 as proposed by the Senate. The numerical
changes described below are to the House recommended level.
In endangered species programs, there are increases in
candidate conservation of $150,000 for the burbot population in
the Kootenai River in Idaho, $300,000 for the Idaho sage grouse
management plan through the Idaho Office of Species
Conservation, $750,000 for sea otter research in Alaska, and
$50,000 for the Idaho Department of Agriculture to study the
influence of herbivory on slickspot peppergrass. In ESA
recovery, there are increases of $1,000,000 for the Atlantic
salmon program administered by the National Fish and Wildlife
Foundation, $100,000 for salmon recovery in Maine, $1,000,000
for eider recovery at the Alaska SeaLife Center, $50,000 for
freshwater mussel recovery at the White Sulphur Springs NFH in
West Virginia, $500,000 for Lahonton cutthroat trout, $150,000
for wolf monitoring by the Nez Perce Tribe in Idaho, $75,000
for the Service's Snake River Basin office's wolf monitoring
efforts, and $250,000 for wolf monitoring efforts at the Idaho
Office of Species Conservation. There are also decreases in ESA
recovery of $1,000,000 for the Washington State salmon program
administered by the National Fish and Wildlife Foundation and a
$1,000,000 general decrease.
In habitat conservation, increases in the partners for
fish and wildlife program include $1,400,000 for the Washington
State regional salmon enhancement program, $700,000 for
invasive species control in Hawaii, $100,000 for bald eagle
restoration in cooperation with the Vermont Natural Heritage
Partners program, $400,000 for the Big Hole Watershed Committee
in Montana, $750,000 for the Hawaii ESA Community Conservation
Plan, $1,250,000 for the Nevada biodiversity research and
conservation project, $175,000 for the Thunder Basin grasslands
initiative in Wyoming, and $500,000 for the Montana Water
Center wild fish habitat initiative. Decreases in the partners
for fish and wildlife program include $500,000 for nutria
eradication at the Blackwater NWR, MD, $550,000 for bull trout
conservation in Washington State, $1,400,000 for the Washington
State ecosystems program, $1,000,000 for invasive species
control, and $300,000 for spartina control at Willapa Bay, WA.
In project planning, there are increases of $150,000 for
the Middle Rio Grande/Bosque research program and $474,000 for
wildlife assessments at Yukon Flats, AK.
In coastal programs, there is an increase of $750,000 for
the Cook Inlet Aquaculture Association king salmon program in
Alaska and a decrease of $1,000,000 for cost shared projects,
including invasive species control.
There is a decrease of $500,000 for the environmental
contaminants program.
In refuge operations and maintenance, there is an
increase of $300,000 for invasive species control at the
Willapa NWR, WA and decreases of $1,000,000 for invasive
species control with friends groups and volunteers and
$5,000,000 for refuge maintenance.
In migratory bird management, there is an increase of
$575,000 to reduce seabird bycatch in Alaska, and decreases of
$1,000,000 for the Canada goose depredation program and
$1,000,000 for the joint ventures program. The funding level
for each joint venture is identical to that shown in the Senate
report.
In fisheries, there is a decrease of $500,000 for the
Washington State hatchery improvement project in hatchery
operations and maintenance. In fish and wildlife management,
increases include $300,000 for fish passage along railroads in
Alaska, $118,000 for fish surveys at the White Sulphur Springs
NFH, WV, $850,000 for wildlife enhancement in Starkville,
Mississippi, $400,000 for the Wildlife Health Center in
Montana, $2,403,000 for Yukon River treaty implementation in
Alaska, and $1,200,000 for marine mammal protection in Alaska.
Decreases in fish and wildlife management include $100,000 for
salmon reproductive biology research at Washington State
University, $1,000,000 for cooperative projects for fish
passage, and $1,000,000 for aquatic nuisance control.
In general administration, there are increases of
$200,000 for the Caddo Lake Ramsar Center in Texas and $550,000
for maintenance at the National Conservation Training Center
and a decrease of $1,000,000 for a National Academy of Sciences
review of the State Wildlife Grants program.
Within the increased funds above the fiscal year 2002
level provided for resource management, $5,000,000 is in
support of the Cooperative Conservation Initiative proposal.
These funds are targeted for existing programs that have a
proven record in leveraging funds and delivering valuable
resource restoration results. The $5,000,000 increase consists
of $3,000,000 for the refuge challenge cost share program,
$1,000,000 for invasive species control projects with refuge
friends groups and volunteers, and $1,000,000 for cooperative
fish passage projects.
The managers are very concerned by the proposed increase
in administrative costs charged to programs under the Service's
cost allocation methodology (CAM) without any justification for
these increases in the budget request. The managers expect that
the Service will charge no increase in CAM to programs in
fiscal year 2003 unless such increases are thoroughly justified
through the reprogramming process. The managers suggest that
any increase for CAM requested through the reprogramming
process be extremely modest.
The Service needs to do a better job of explaining CAM
and making it more transparent and readily understandable to a
wide audience. Costs that are directly attributable to
headquarters operations and regional office operations should
be budgeted under general administration for those operations
unless there is a clear and well-justified rationale for
inclusion in CAM. No unbudgeted special projects, headquarters
or regional initiatives, or departmental initiatives should be
included in CAM. If there is uncontrollable cost growth
associated with CAM it should be identified in the budget as a
fixed, uncontrollable cost increase and not funded at the
expense of programs.
The managers agree to the following:
1. The funds made available for Georgia stream bank
restoration are for the Georgia Soil and Water Conservation
Commission except that $25,000 is for technical assistance by
the Service.
2. The funds added for fish surveys at the White Sulphur
Springs NFH in West Virginia should remain in the base for
future budgets.
3. Funds have not been included for a National Academy of
Sciences review of State wildlife grants as proposed by the
House. This issue will be revisited in the fiscal year 2004
budget process.
4. The Service should continue to assist the Corps of
Engineers in its comprehensive review of alternative approaches
to preserving the Meadowlands wetlands area in northern New
Jersey. The conference agreement provides an increase of
$180,000 as proposed by the House for this purpose.
5. The Service should continue to support the Carhart
Wilderness Training Institute at the $200,000 level, which is
the same as in fiscal year 2002.
6. Within available funds, the Service should address the
needs of the Pittsford NFH, VT and Ouray NFH, UT.
7. The funds provided to combat whirling disease and
related fish health issues include $700,000 for the National
Partnership on the Management of Wild and Native Cold Water
Fisheries, $250,000 for resistant trout research coordinated
through the Whirling Disease Foundation, and $1,296,000 to
continue the National Wild Fish Health Survey, to expand
whirling disease investigations, and to recruit and train
health professionals.
8. The issue of continued operation of the airfield at
Midway Atoll NWR needs to be addressed immediately. There are
no funds in the Service's budget to continue to operate the
airfield for commercial aircraft purposes. If the parties who
benefit from the current airport certification are unwilling to
pay the additional expense associated with maintaining that
certification, the Service should scale back its operations to
include only those requirements necessary for refuge
operations, including maintaining a reasonable level of visitor
access.
9. The containment and cleanup of the recent spill of jet
fuel at Midway Atoll NWR should be addressed as quickly as
possible. The Service should keep the House and Senate
Committees on Appropriations apprised of its efforts to address
this problem. The Department should consider submitting a
supplemental appropriations request to address this emergency
situation.
10. The Secretary recently re-chartered the Hanford Reach
National Monument Federal Planning Advisory Committee and
increased the number of committee members from 13 to 19. In the
interest of continuity and assuring timely completion of the
committee's work, the managers expect the Secretary to retain
the current members when appointing members to the committee.
The managers are concerned that replacement of the current 13
members would severely undermine the valuable work completed
thus far.
Bill Language.--While the total funding for the
endangered species-listing program is unchanged, the conference
agreement earmarks $6,000,000 for critical habitat designation
activities within the listing program instead of $5,000,000 as
proposed by both the House and the Senate. The managers
understand that the Department believes additional funding,
beyond that requested in the budget, will be needed for the
listing program in fiscal year 2003 and the managers
willconsider a supplemental request for additional funds if one is
submitted later this year.
CONSTRUCTION
The conference agreement provides $54,427,000 for
construction instead of $53,108,000 as proposed by the House
and $42,882,000 as proposed by the Senate. Funds are to be
distributed as follows:
------------------------------------------------------------------------
Project Description Amount
------------------------------------------------------------------------
Bear River NWR, UT............... Headquarters and $1,800,000
Education Center
[cc].
Bitter Lake NWR, NM.............. Visitor center/ 1,100,000
standard design--
Phase I [d/ic].
Black-Footed Ferret Wildlife Endangered species 3,240,000
Research Ctr, CO. facility--Phase IV
[cc].
Bosque del Apache NWR, NM........ Equipment for salt 400,000
cedar control.
Bozeman Fish Technology Center, Seismic safety/3 150,000
MT. building rehab--
Phase I [p/d].
Bozeman Fish Technology Center, Laboratory/ 500,000
MT. administration
building--Phase IV
[c].
Bridge Safety Inspections .................... 560,000
(Servicewide).
Canaan Valley NWR, WV............ Road Maintenance.... 650,000
Cape Romain NWR, SC.............. Restoration of 150,000
Dominick House.
Clark R. Bavin Forensics Forensics laboratory 6,235,000
Laboratory, OR. expansion--Phase
III [c].
Craig Brook NFH, ME.............. Wastewater treatment 200,000
compliance--Phase I
[p].
Dam Safety Program (Servicewide). .................... 705,000
Garrison Dam NFH, ND............. Heat pump water 200,000
system maintenance
[c].
Harris Neck NWR, GA.............. Office renovation... 350,000
Iron River NFH, WI............... Replace domes at 2,000,000
Schacte Creek [cc].
Jackson NFH, WY.................. Seismic safety 80,000
rehabilitation--Pha
se II [d].
Jordan River NFH, MI............. M/V Togue/Great 800,000
Lakes stocking
vessel--Phase II
[d].
Kealia Pond NWR, HI.............. Mitigation and 800,000
restoration [c].
Klamath Basin NWR Complex, CA.... Water supply and 1,000,000
management--Phase
IV.
Kodiak NWR, AK................... Visitor center 3,000,000
construction.
Mammoth Springs NFH, AR.......... Renovation of 250,000
education center
[d].
Missisquoi NWR, VT............... Visitor center 1,500,000
completion [c].
Northwest Power Planning Area.... Fish screens, etc... 2,000,000
Ohio River Islands NWR, WV....... Visitor center/ 1,100,000
standard design--
Phase I [d/ic].
Orangeburg NFH, SC............... Orangeburg 4,144,000
substation dam
Phase II [cc].
Ottawa NWR, OH................... Visitor center/ 1,950,000
standard design [d/
cc].
Quilcene NFH, WA................. Seismic safety rehab 45,000
of hatchery
building--Phase I
[d].
Savannah NWR, GA................. Visitor center/ 1,950,000
standard design [d/
cc].
Security upgrades (Servicewide).. .................... 1,000,000
Sevilleta NWR, NM................ Laboratory design... 600,000
Sonny Bono Salton Sea NWR, CA.... Seismic safety rehab 200,000
of shop building--
Phase II [cc].
Tetlin NWR, AK................... Multi-Agency Center. 425,000
Visitor Facilities/Kiosks on NWRs Several locations/ 1,000,000
standard design.
Waccamaw NWR, SC................. Visitor center 2,000,000
construction.
White Sulphur Springs NFH, WV.... Maintenance......... 625,000
Wolf Creek NFH, KY............... Visitor center...... 500,000
World Birding Center, TX......... .................... 500,000
----------------
Subtotal, Line Item .................... 43,709,000
Construction.
Nationwide Engineering Services:
Cost Allocation Methodology.. .................... 3,000,000
Environmental Compliance .................... 1,400,000
Management.
Seismic Safety Program....... .................... 200,000
Waste Prevention and .................... 150,000
Recycling.
Other Engineering Services... .................... 5,968,000
----------------
Subtotal, Nationwide .................... 10,718,000
Engineering Services.
================
Total........................ .................... $54,427,000
------------------------------------------------------------------------
The managers continue to believe that the Service should
focus on providing on-the-ground refuge experiences for
visitors and modest visitor/education centers and visitor
contact stations. The maximum cost for any visitor center
should not exceed $3 million unless there are extreme,
extenuating circumstances, such as the high cost of materials
transport and construction in Alaska. The managers expect the
Service to treat the maximum amount as a true ceiling and not
the amount that every visitor center will cost. Also, visitor
contact stations should have a much lower maximum funding
level.
The managers agree to the following:
1. The balance of funding needed to complete the Bitter
Lake NWR visitor center in New Mexico and the Ohio River
Islands visitor center in West Virginia should be included in
the fiscal year 2004 budget.
2. This is the final year of funding for Kealia Pond
mitigation and restoration work in Hawaii.
3. The funds provided for kiosks on refuges should
provide for at least 20 of these structures, given that the
Service reports that the cost of each structure generally is
less than $50,000. The managers encourage the Service to use
standard designs and pursue cost sharing with friends groups
and others to leverage these funds to the extent possible.
LAND ACQUISITION
The conference agreement provides $73,370,000 for land
acquisition instead of $82,250,000 as proposed by the House and
$81,555,000 as proposed by the Senate. Funds should be
distributed as follows:
Area (State) Amount
Alaska Peninsula NWR--TDX (AK).......................... $1,500,000
Baca Ranch (CO)......................................... 5,000,000
Back Bay NWR (VA)....................................... 1,500,000
Balcones Canyonlands NWR (TX)........................... 1,500,000
Bandon Marsh NWR (OR)................................... 140,000
Big Muddy NWR (MO)...................................... 1,000,000
Buenos Aires NWR (AZ)................................... 500,000
Cache River NWR (AR).................................... 1,500,000
Cahaba River NWR (AL)................................... 3,000,000
Cape May NWR (NJ)....................................... 500,000
Cat Island NWR (LA)..................................... 2,500,000
Centennial Valley NWR (MT).............................. 500,000
Chickasaw NWR (TN)...................................... 500,000
Clarks River NWR (KY)................................... 1,500,000
Cypress Creek NWR (IL).................................. 250,000
Dakota Tallgrass Prairie WMA (ND/SD).................... 500,000
Detroit River IWR (MI).................................. 3,500,000
Fairfield Marsh WPA (WI)................................ 1,000,000
Great Bay NWR (NH)...................................... 300,000
Great Meadows NWR (MA).................................. 1,600,000
Great River NWR (MO).................................... 1,000,000
Great Swamp NWR (NJ).................................... 750,000
James Campbell NWR (HI)................................. 1,000,000
Laguna Atascosa NWR (TX)................................ 750,000
Lower Hatchie NWR (TN).................................. 300,000
National Key Deer NWR (FL).............................. 750,000
Neal Smith NWR (IA)..................................... 250,000
Northern Tallgrass Prairie NWR (MN/IA).................. 500,000
Ottawa NWR (OH)......................................... 600,000
Parker NWR (MA)......................................... 500,000
Patoka River NWR (IN)................................... 250,000
Pelican Island NWR (FL)................................. 1,750,000
Prime Hook NWR (DE)..................................... 1,350,000
Quinault Indian Reservation (WA)........................ 5,000,000
Rachel Carson NWR (ME).................................. 1,500,000
Rappahannock River Valley NWR (VA)...................... 180,000
Red River NWR (LA)...................................... 3,900,000
Rhode Island Refuge Complex (RI)........................ 2,000,000
San Diego NWR (CA)...................................... 2,000,000
Savannah NWR--Mulberry Grove (GA)....................... 2,000,000
Silvio O. Conte NFWR (VT/NH/MA/CT)...................... 1,000,000
St. Marks NWR (FL)...................................... 2,000,000
Togiak NWR (AK)......................................... 1,000,000
Upper Mississippi River NFWR (MN/WI/IA/IL).............. 250,000
Waccamaw NWR (SC)....................................... 2,500,000
Western Montana Project (MT)............................ 750,000
Willapa NWR (WA)........................................ 750,000
Use of carryover balances............................... -7,000,000
--------------------------------------------------------
____________________________________________________
Subtotal............................................ 55,870,000
Acquisition Management.................................. 10,000,000
Emergencies and Hardship................................ 2,000,000
Exchanges............................................... 1,000,000
Inholdings.............................................. 2,000,000
Cost Allocation Methodology (CAM)....................... 2,500,000
--------------------------------------------------------
____________________________________________________
Total............................................... $73,370,000
LANDOWNER INCENTIVE PROGRAM
(INCLUDING RESCISSION)
The conference agreement provides $40,000,000 for the
landowner incentive program as proposed by the House instead of
$600,000 as proposed by the Senate. The conference agreement
also rescinds $40,000,000 in funds appropriated in fiscal year
2002 for this program because there has been a delay in
implementing this new program. The managers expect the Service
to make grant awards using the existing program applications.
STEWARDSHIP GRANTS
(INCLUDING RESCISSION)
The conference agreement provides $10,000,000 for
stewardship grants as proposed by the House instead of $200,000
as proposed by the Senate. The conference agreement also
rescinds $10,000,000 in funds appropriated in fiscal year 2002
for this program because there has been a delay in implementing
this new program. The managers expect the Service to make grant
awards using the existing program applications.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
The conference agreement provides $81,000,000 for the
cooperative endangered species conservation fund as proposed by
the Senate instead of $121,400,000 as proposed by the House.
The funds for habitat conservation plan land acquisition are
derived from the Land and Water Conservation Fund as proposed
by the House.
The managers encourage the Service to consider the
Potrero Creek project in California and the Black Capped Vireo
project in Texas if the project proposals are submitted and
rank within the range of high priority project proposals.
NATIONAL WILDLIFE REFUGE FUND
The conference agreement provides $14,414,000 for the
national wildlife refuge fund as proposed by the Senate instead
of $19,414,000 as proposed by the House.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The conference agreement provides $38,560,000 for the
North American wetlands conservation fund as proposed by the
Senate instead of $43,560,000 as proposed by the House.
Since the program is funded below the 2001 level, the
managers have not agreed to bill language, proposed by the
House, limiting increased grant funding above the fiscal year
2001 level to projects in the United States.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
The conference agreement provides $3,000,000 for the
neotropical migratory bird conservation program instead of
$5,000,000 as proposed by the House and $2,000,000 as proposed
by the Senate.
MULTINATIONAL SPECIES CONSERVATION FUND
The conference agreement provides $4,800,000 for the
multinational species conservation fund as proposed by the
House instead of $4,200,000 as proposed by the Senate.
STATE AND TRIBAL WILDLIFE GRANTS
The conference agreement provides $65,000,000 for State
and tribal wildlife grants instead of $100,000,000 as proposed
by the House and $45,000,000 as proposed by the Senate. Within
this amount, $5,000,000 is for a competitive grant program for
Indian tribes as proposed by the House instead of $3,000,000 as
proposed by the Senate.
The conference agreement changes the title of this
account from ``State Wildlife Grants'' to ``State and Tribal
Wildlife Grants'' as proposed by the Senate and includes
statutory language permitting the merger of funds in the old
account with funds in the new account.
The Committee has not included $1,000,000 in the resource
management account as proposed by the House for a National
Academy of Sciences review of the State wildlife plans funded
under this account. This issue will be revisited in the 2004
budget process.
ADMINISTRATIVE PROVISIONS
The conference agreement authorizes the use of $500,000
in previously appropriated funds for land acquisition of the
Great Salt Pond burial tract for the Narragansett Tribe as
proposed by the Senate. The House had no similar provision.
NATIONAL PARK SERVICE
Operation of the National Park System
The conference agreement provides $1,565,565,000 for the
operation of the national park system instead of $1,605,593,000
as proposed by the House and $1,571,065,000 as proposed by the
Senate.
The conference agreement provides $344,227,000 for
resource stewardship. The change to the House level is a
reduction of $2,093,000 for uncontrollable costs. Within these
totals, an increase of $600,000 is provided for Vanishing
Treasures.
The conference agreement provides $319,128,000 for
visitor services. The change to the House level is a reduction
of $3,536,000 for uncontrollable costs.
The conference agreement provides $522,823,000 for
maintenance. Changes to the House level include decreases of
$3,837,000 for uncontrollable costs, $5,000,000 for cyclic
maintenance, $2,000,000 for condition assessments, $3,000,000
for repair and rehabilitation, and $1,000,000 for a strategic
business advisor.
The conference agreement provides $277,151,000 for park
support. Changes to the House level include decreases of
$2,562,000 for uncontrollable costs and $2,000,000 for the
challenge cost share program. The conference agreement retains
$5,000,000 for the challenge cost share program in support of
the Secretary's Cooperative Conservation Initiative. The
managers intend that one-third of the monies provided in the
base funding (before the increase for 2003) for the challenge
cost share program continue to be earmarked for trails.
Although the conference agreement includes a $6,000,000
undistributed reduction to park base operations, the managers
have also provided a $14,000,000 increase specifically for
park-based programs above the amount provided in the
President's budget.
Within the maintenance account, the managers earmark the
following projects: $233,000 for Bachlott House, $45,000 for
St. Mary's Museum at Cumberland Island NS, $400,000 for
historic structures at Great Smokey Mountains NP, $200,000 for
repairs at the Belle Haven Marina, $500,000 for the Wright
Brothers National Memorial in North Carolina, $170,000 for Fort
Piute at Mojave National Preserve and $300,000 for Gettysburg
NMP landscape restoration.
The managers concur with the concerns expressed by the
Senate with regard to both the rehabilitation and the annual
opening of the Going-to-the-Sun Road at Glacier National Park.
The managers have retained a general provision allowing for the
use of certain carryover funds for road rehabilitation, and
strongly encourage the Administration to include in its TEA-21
reauthorization proposal the resources necessary for complete
rehabilitation of the Road. The managers have also provided
additional resources to enhance spring opening operations.
While the managers understand that these additional resources
may not be entirely in place prior to the 2003 opening, the
Park should make every effort to implement the operational
changes promptly, or put in place appropriate interim measures
where necessary to expedite the opening of the road. In lieu of
the report required by the Senate, the Park should incorporate
into its annual road opening plan the operational changes
supported by the additional funds provided in this Act. The
plans for both 2003 and 2004 should be submitted to the House
and Senate Committees on Appropriations upon completion. The
managers further urge the Park to continue efforts to involve
the local community in the development of the annual opening
plan and the road opening process in general. The managers
appreciate the heightened attention given to these issues by
Park leadership.
The managers have not agreed to provide $750,000 for an
independent management, operational, performance and financial
review of Yellowstone National Park, as proposed by the Senate.
The Park is nearing completion of its business plan pursuant to
the Service's business plan initiative. The managers intend to
review carefully the information presented in that document,
and subsequently reconsider the need for an additional, more
comprehensive review. The managers are fully aware that there
are unmet needs within the Park, but remain concerned that
public comments by park staff do not reflect the substantial
additional resources provided to the Park in recent years. The
managers look forward to working with the Service to ensure
that these resources are being properly managed for the benefit
of the Park.
The managers direct that the superintendent of Yosemite
National Park renew, in such form as he deems appropriate,
permits or authorizations for stock use by recreational service
providers who were previously authorized by an appropriate
agreement or permit to provide such recreational activities and
services within the Park during 2002. These permits or
authorizations may be renewed for one year only and under the
same or similar terms and conditions as the activities and
services authorized for that entity in 2002. The Superintendent
shall not issue any such permit or authorization to any entity,
which he determines is not qualified to receive such
authorization based on past performance or present ability.
Within the funds provided, the managers encourage the
National Park Service to maximize and enhance the marketing of
historic sites of the French and Indian War with those of the
War for Independence campaign currently underway. The 250th
anniversary of the French and Indian War, spanning 2004-2010,
presents a significant opportunity to tell the story of
America's early history leading up to the Revolutionary War.
The character and capacity of leadership exhibited by men such
as George Washington, Benjamin Franklin, Daniel Morgan, Daniel
Boone, Adam Stephen, Charles Lee and Horatio Gates, was
profoundly influenced, and in some cases directly shaped, by
their experiences in the French and Indian War. By linking the
narratives of the French and Indian War and the Revolutionary
War, a unique opportunity is created to attract and engage
citizens and international visitors in developing a fresh and
meaningful understanding of how the values of liberty and
equality came to shape our nation.
The managers note that the District of Columbia has
developed plans for the design and construction of a Regional
Sports Complex at Kenilworth Park in northeast Washington, a
portion of which is owned by the National Park Service. The
site, an area of approximately 50 acres, was a District
landfill until the late 1960s when the landfill was capped.
The Service has conducted a preliminary assessment/site
investigation and a remedial investigation/feasibility study at
the site. The latter study is in draft and has been coordinated
with the District and EPA Region III. As a result of regulatory
review, the managers understand that the District has requested
a Human Health Risk Assessment from the Centers for Disease
Control and Prevention, and Region III of the Environmental
Protection Agency has made extensive comments that will result
in further investigations and require at least a year or more
to complete.
The managers direct the Service to work with the
Government of the District of Columbia, specifically the D.C.
Department of Recreation and the D.C. Sports and Entertainment
Commission, to develop a land use plan for the development of
Kenilworth Park that could be implemented in conjunction with
remediation, and to report the results of that effort to the
House and Senate Committees on Appropriations no later than six
months after enactment of this Act. The managers recognize
that, before any plan can be implemented for this site,
environmental investigations and subsequent remediation must be
completed.
The Service is directed to provide level funding to the
Carhart Wilderness Training Institute.
The managers are concerned about a recent GAO report on
travel expenses, both domestic and international. The report
states that while $37-$50 million has been expended for travel
in each of the last four years, the Service could not give
specific information on the actual costs of domestic travel,
international travel or travel to conferences because it does
not routinely record these data. The Federal Travel Regulations
require that agency travel accounting systems capture certain
data, including travel type and purpose. The Service is not in
compliance with these regulations.
Over the last three years, travel has increased 29
percent, including a 60 percent increase in the Washington
office and a 32 percent increase in foreign travel--from 355
annual trips to 470 trips in fiscal year 2002. While the
managers understand that travel is a mission essential element,
the GAO study demonstrates that the Service does not have
sufficient controls in this area. With declining budgets, major
efficiencies should be achieved in this area, which would free
up needed resources for individual park units.
The managers expect the Service to comply with all the
GAO recommendations no later than September 30, 2003, and to
submit annually, by October 1 of each year, a report to the
House and Senate Committees on Appropriations with detailed
data on domestic travel, international travel, and travel to
conferences. The data should be provided for the Washington
office and for each region.
UNITED STATES PARK POLICE
The conference agreement provides $78,431,000 for the
United States Park Police, the same as the House and the
Senate.
NATIONAL RECREATION AND PRESERVATION
The conference agreement provides $61,667,000 for
national recreation and preservation, instead of $56,330,000 as
proposed by the House and $62,978,000 as proposed by the
Senate.
The conference agreement provides $552,000 for recreation
programs. Within the amount provided for natural programs, the
managers earmark $250,000 for the Northern Forest Canoe Trail.
The conference agreement provides $20,048,000 for
cultural programs. Changes to the House level include decreases
of $1,000,000 for National Register programs and $250,000 for
the Heritage Education Model in Louisiana. The Service is
directed to provide $250,000 for the Heritage Education Model
in Louisiana from within available funds. The agreement retains
$300,000 for Heritage Preservation, Inc.
The conference agreement provides $14,374,000 for
nationally designated Heritage Areas. Funds (excluding $119,000
in administrative costs) are to be distributed as follows:
Project Amount
America's Agricultural Heritage Partnership (Silos &
Smokestacks)........................................ $750,000
Augusta Canal National Heritage Area.................... 600,000
Automobile National Heritage Area....................... 500,000
Blue Ridge Parkway National Heritage Area............... 250,000
Cache La Poudre River Corridor.......................... 50,000
Cane River National Heritage Area....................... 995,000
Delaware and Lehigh National Heritage Corridor.......... 850,000
Erie Canalway National Corridor......................... 400,000
Essex National Heritage Area............................ 1,000,000
Hudson River Valley National Heritage Area.............. 600,000
Illinois and Michigan Canal National Heritage Corridor.. 750,000
John H. Chafee Blackstone River Valley National Heritage
Center.............................................. 800,000
Lackawanna Valley National Heritage Area................ 650,000
National Coal Heritage Area............................. 210,000
Ohio and Erie Canal National Heritage Corridor.......... 1,000,000
Quinebaug and Shetucket Rivers Valley National Heritage
Center.............................................. 850,000
Rivers of Steel National Heritage Area.................. 1,000,000
Schuykill River Valley National Heritage Area........... 500,000
Shenandoah Valley Battlefields National Historic
District............................................ 500,000
South Carolina National Heritage Corridor............... 1,000,000
Tennessee Civil War Heritage Area....................... 210,000
Wheeling National Heritage Area......................... 580,000
Yuma Crossing National Heritage Area.................... 210,000
--------------------------------------------------------
____________________________________________________
Project total....................................... $14,255,000
The conference agreement provides $12,041,000 for
statutory or contractual aid. The funds are to be distributed
as follows:
Project Amount
Aleutian World War II Historic Area..................... $400,000
Brown Foundation........................................ 201,000
Chesapeake Bay Gateways................................. 2,000,000
Dayton Aviation Heritage Commission..................... 449,000
Flight 93 Memorial...................................... 300,000
Ice Age National Scientific Reserve..................... 806,000
Jamestown 2007.......................................... 200,000
Johnstown Area Heritage Association..................... 49,000
Lake Roosevelt Forum.................................... 50,000
Lamprey River........................................... 600,000
Louisiana Purchase Comm of Arkansas..................... 200,000
Martin Luther King, Jr. Center.......................... 528,000
National Constitution Center............................ 500,000
Native Hawaiian Culture and Arts Program................ 740,000
New Orleans Jazz Commission............................. 66,000
Office of Arctic Studies................................ 1,500,000
Penn Center National Landmark........................... 500,000
Roosevelt Campobello International Park Commission...... 802,000
Sewall-Belmont House.................................... 400,000
Sleeping Rainbow Ranch, Capitol Reef NP................. 500,000
St. Charles Interpretive Center......................... 500,000
Vancouver National Historic Reserve..................... 250,000
Virginia Key Trust Miami................................ 500,000
--------------------------------------------------------
____________________________________________________
Total............................................... $12,041,000
The amount provided for the Dayton Aviation Heritage
Commission includes $150,000 for interpretive exhibits. Funding
for Ft. Piute in Mojave National Preserve is addressed in the
operation of the national park system account.
URBAN PARK AND RECREATION FUND
The conference agreement provides $300,000 for the urban
park and recreation fund instead of $30,000,000 provided by the
House and $10,000,000 as provided by the Senate. The managers
have provided $300,000 for administrative expenses.
HISTORIC PRESERVATION FUND
The conference agreement provides $69,000,000 for the
historic preservation fund instead of $76,500,000 as provided
by the House and $67,000,000 as provided by the Senate. The
changes to the House level include a reduction of $6,000,000
for grants in aid to States and Territories, $1,000,000 for
grants in aid to Indian Tribes and a reduction of $500,000 for
the National Trust for Historic Preservation.
Included in the total is $30,000,000 for Save America's
Treasures. Half of the funds for the Save America's Treasures
program are to be distributed as follows:
Project/State Amount
AME Church, Madison, IN................................. $100,000
Antigo Courthouse, Langlade County, WI.................. 175,000
Battlefield Park Heritage Center, GA.................... 300,000
Bealle Home, OH......................................... 200,000
Biltmore Hotel & Complex, FL............................ 800,000
Brinton House, Perryville, KY........................... 250,000
Bronx Zoo, Rockefeller Fountain, NY..................... 300,000
Cass Historic District, WV.............................. 350,000
Charles I.D. Looff Carousel, East Providence, RI........ 250,000
Charles W. Morgan, CT................................... 345,000
Colony Theatre, Washington County, OH................... 300,000
Daly Mansion, MT........................................ 300,000
Deerfield Historic Acropolis, MA........................ 300,000
Des Moines Library, IA.................................. 300,000
Dirigible Hangar B, Tillamook, OR....................... 250,000
Duquesne Incline, PA.................................... 200,000
Ethan Allen Firehouse, VT............................... 500,000
Eureka Springs Historic Auditorium, AR.................. 250,000
Farnsley--Kauffman House, KY............................ 200,000
Fort Mifflin, PA........................................ 250,000
Fox Theatre, CA......................................... 200,000
Gillioz Theatre, MO..................................... 250,000
Gordo Old Town Hall-Jail, AL............................ 15,000
Grand Opera House, Dubuque, IA.......................... 250,000
Great Brick Chapel, St Mary's City, MD.................. 300,000
Green County Courthouse Square, AL...................... 300,000
Gretna Post Office, LA.................................. 200,000
Harden Gilmore House, WV................................ 100,000
Historic Grafton Railroad Station, WV................... 300,000
Jefferson Barracks, MO.................................. 200,000
John Jackson Center for Piedmont Blues, Fall Church, VA. 65,000
Judge Wickersham House, AK.............................. 300,000
Kingman Courthouse, KS.................................. 200,000
Livingston Depot, MT.................................... 300,000
Ma Rainey Museum of the Blues, GA....................... 150,000
Majestic Theatre, OH.................................... 200,000
Martin Luther King Jr. Central Union Terminal, Toledo,
OH.................................................. 250,000
Metropolitan Museum of Art, NY.......................... 650,000
Minneapolis Park & Rec Board, Mill Ruins Park, MN....... 250,000
Montrose City Hall, CO.................................. 250,000
National Army Museum of the Southwest, Fort Sill, OK.... 500,000
Ogden Union Station, UT................................. 200,000
Port Angeles Carnegie Library Renovation, WA............ 300,000
Roswell Museum, NM...................................... 340,000
Sappa Park House, KS.................................... 8,000
Silver Lake Bank Building, PA........................... 50,000
Smyrna Opera House/Town Hall, DE........................ 300,000
Spokane Masonic Temple, WA.............................. 300,000
Stone County Courthouse, MS............................. 250,000
Strong Museum, NY....................................... 225,000
Teeple Barn, IL......................................... 150,000
Thomas Cole House, NY................................... 200,000
Henderson Courthouse, NC................................ 200,000
Touro University School of Nursing, Vallejo, CA......... 250,000
Vista del Rio, AZ....................................... 50,000
West Main Street, KY.................................... 242,000
Westerly Armory, RI..................................... 300,000
White Island Lighthouse, Portsmouth, NH................. 250,000
Woodlawn Estate, Mt Vernon, VA.......................... 235,000
--------------------------------------------------------
____________________________________________________
Total............................................... $15,000,000
CONSTRUCTION
The conference agreement provides $327,843,000 for
construction instead of $325,186,000 as proposed by the House
and $322,826,000 as proposed by the Senate. The funds are to be
distributed as follows:
Planning/
Project Construction
Acadia NP, ME (rehab bridges)........................... $3,351,000
Acadia NP, ME (upgrade utilities/camp).................. 5,171,000
Adams NP, MA (p/d visitor center)....................... 541,000
Alice Ferguson Foundation, MD (rehabilitation).......... 400,000
Apostle Islands NL, WI (lighthouse)..................... 1,600,000
Apostle Islands NL, WI (upgrade utility system)......... 1,030,000
Arches NP, UT (replace visitor center).................. 5,600,000
Bent's Old Fort NHS, CO (new space/restrooms)........... 1,325,000
Big Bend NP, TX (Chisos Basin Campground)............... 464,000
Big Bend NP, TX (rehabilitation)........................ 246,000
Big Bend NP, TX (sprinkler system)...................... 673,000
Big Cypress NP, FL (rehab off-road trails).............. 1,000,000
Big South Fork National River & Rec Area, KY/TN (upgrade
exhibits)........................................... 400,000
Blue Ridge Parkway, NC.................................. 1,624,000
Canaveral NS, FL........................................ 1,400,000
Cave & Karst, NM........................................ 2,000,000
Channel Islands NP, CA (animal protection devices)...... 2,116,000
Chickasaw NRA, OK (construct visitor center)............ 2,665,000
Colonial NP, VA (Jamestown collections)................. 4,221,000
Congaree Swamp NM, SC (new maint facility).............. 650,000
Cumberland Gap NHP, KY (rehab wilderness road).......... 5,583,000
Cumberland Island NS, GA (Plum Orchard)................. 442,000
Cumberland Island NS, GA (St. Mary's)................... 2,720,000
Cuyahoga NP, OH......................................... 2,500,000
Death Valley NP, CA (replace maint facility)............ 2,007,000
Denali NP&P, AK (complete visitor center)............... 3,171,000
Eleanor Roosevelt NHS, NY (restoration)................. 400,000
Everglades NP, FL (Pine Island waste water treatment)... 4,594,000
Everglades NP, FL (water system)........................ 10,000,000
Fort Larned NHS, KS (rehab quarters).................... 30,000
Fort McHenry, MD (p/d visitor center)................... 200,000
Fort Osage NHL, MO (education center)................... 500,000
Fort Stanwix NM, NY..................................... 3,239,000
Fredericksburg & Spotsylvania NMP, VA (stabilize ruins). 750,000
Gateway NRA, NY (Jamaica Bay)........................... 3,299,000
General Grant NM, NY (rehab tomb)....................... 175,000
George Washington Carver NM, MO (improvements).......... 300,000
George Washington Memorial Parkway, VA (Arlington
Boathouse, EA)...................................... 600,000
George Washington Memorial Parkway, VA (Arlington House) 616,000
Gettysburg NMP, PA (conservation work).................. 2,500,000
Gettysburg NMP, PA (Wills house)........................ 938,000
Glacier NP, MT (Many Glacier Hotel)..................... 1,500,000
Golden Gate NRA, CA (Alcatraz barracks)................. 1,210,000
Golden Gate NRA, CA (Cliff House)....................... 1,914,000
Grand Portage NM, MN (heritage center).................. 400,000
Great Basin NP, NV (complete visitor center)............ 2,700,000
Great Sand Dunes NM & Pres, CO (renovate visitor center) 4,424,000
Harpers Ferry NP, WV (renovate bldgs)................... 1,413,000
Hispanic Cultural Center, NM (complete)................. 1,000,000
Homestead NHS, NE....................................... 300,000
Independence NHP, PA (site rehab)....................... 4,923,000
Indiana Dunes NHP, IN................................... 2,389,000
Japanese American History (building 640)................ 600,000
Jean Lafitte NHP, LA (Chalmette failing drainage &
Barataria exhibits)................................. 500,000
John H. Chafee Blackstone River Valley NHC, RI
(restoration)....................................... 1,000,000
Joshua Tree NP, CA (repair campgrounds)................. 70,000
Keweenaw NHP, MI (rehab bldg)........................... 395,000
Lincoln Library & Museum, IL (construction)............. 7,500,000
Mammoth Cave NP, KY (mitigate water pollution).......... 555,000
Manassas NB, VA (stabilize structures).................. 1,493,000
Mississippi Nat'l River & Rec. Area, MN (Mill City
Museum exhibits).................................... 1,000,000
Mississippi National River & Recreation Area, MN (Twin
Cities)............................................. 750,000
Morris Thompson Visitor & Native Cultural Center, AK.... 3,000,000
Morristown NHS, NJ...................................... 3,200,000
Mt. Rainier NP, WA (seasonal dorms)..................... 4,400,000
Mt. Rainier NP, WA (Guide House)........................ 244,000
Natchez Trace Parkway, TN (access road)................. 350,000
National Capital Parks-Central, DC (Lincoln Memorial
preservation)....................................... 5,192,000
National Capital Parks-Central, DC (Lincoln Memorial
security)........................................... 6,183,000
National Museum of the American Revolution, PA.......... 500,000
National Underground Railroad Freedom Center, OH........ 6,088,000
New Bedford Whaling NHP, MA (rehab Corson bldg)......... 500,000
New River Gorge NSR, WV (infrastructure improvements)... 868,000
Olympic NP, WA (Elwha).................................. 21,781,000
Oregon Caves NP, OR..................................... 1,044,000
Organ Pipe NM, AZ (fencing)............................. 7,000,000
Pea Ridge NMP, AR (rehab exhibits)...................... 109,000
Pea Ridge NMP, AR (replace cannon carriages)............ 230,000
Rocky Mountain NP, CO................................... 2,335,000
Saratoga NHP, NY (exhibits)............................. 300,000
SF Maritime NHP, CA (C.A. Thayer)....................... 1,000,000
Stones River NB, TN (trails)............................ 250,000
SW Pennsylvania Heritage Commission, PA................. 2,500,000
Tallgrass Prairie National Preserve, KS................. 2,891,000
Thomas Stone NHS, MD (staff offices).................... 395,000
Tuskegee Airmen NHS, AL (oral histories)................ 500,000
Ulysses S. Grant NHS, MO................................ 1,994,000
USS Arizona Memorial, HI................................ 1,157,000
Vicksburg NMP, MS (security upgrades)................... 300,000
Virginia City NHL, MT (restoration)..................... 1,800,000
Washita NB, OK (completes).............................. 3,500,000
White House, DC......................................... 9,582,000
Wind Cave NP, SD........................................ 2,172,000
Yellowstone NP, WY (rehabilitation)..................... 6,396,000
Yellowstone NP, WY (upgrade fire protection)............ 757,000
--------------------------------------------------------------
____________________________________________________
Subtotal.......................................... 215,595,000
Emergency/Unscheduled Projects.......................... 3,500,000
Housing replacement..................................... 10,000,000
Dam safety.............................................. 2,700,000
Equipment replacement................................... 31,960,000
Construction planning................................... 25,400,000
Construction program management......................... 24,792,000
General management planning............................. 13,896,000
--------------------------------------------------------------
____________________________________________________
Total Construction................................ $327,843,000
The managers recommend $1,600,000 for the Apostle Islands
National Lakeshore for erosion control at the Outer Island
lighthouse. These funds, combined with remaining balances in
the planning account for this project, will complete the
erosion control work.
The managers did not retain funding for the following
projects, because the Service indicated that, for various
reasons, the funds could not be obligated in fiscal year 2003:
Badlands National Park, Cape Cod National Seashore, Craters of
the Moon National Monument, Mount Rainier National Park
(electrical system), Petrified Forest National Park and
Yellowstone National Park's Old Faithful Inn project. The
managers will consider funding when these projects are ready to
move forward.
The monies provided for Arches National Park, Colonial
National Historical Park, Great Basin National Park, the
Hispanic Cultural Center, Japanese American History (building
640), Morristown National Historic Site, Cumberland Island
National Seashore (St. Mary's) and the National Underground
Railroad Freedom Center complete these projects.
The managers have included funding this year to construct
a new collections storage facility at Jamestown for Colonial
National Historical Park. The managers understand that the
current estimate for the next phase of the project, the
replacement visitor center, is approximately $7,600,000, and
strongly encourage the Service to include this component of the
Jamestown 400th anniversary celebration in the fiscal year 2004
budget request. The Service should manage the planning and
design for the visitor center project to remain within the
current cost estimate.
The managers have deferred funding for repair and
rehabilitation of Fort Washington, MD. The Service should
develop a comprehensive solution to address the issues at Fort
Washington, including identification of the priorities for
stabilization work. The Service is encouraged to include
funding for this project in the fiscal year 2004 budget, and
include a summary of the aforementioned plan in the budget
justification.
The managers have agreed to $200,000 for Fort McHenry, MD
for a development concept plan, not for construction design. It
is estimated that the DCP process will take about a year to
complete. The DCP will look at site alternatives, as well as
concepts. The project will be submitted by the park for
consideration within the NPS five-year planning process. There
have not been any private partnership commitments yet, although
a fundraising agreement is in place. Private fundraising
efforts are not anticipated to begin until the DCP is
completed. The managers strongly urge the park to downscale its
expectation for a $14 million visitor center. The park should
work closely with the House and Senate Committees on
Appropriations on the size and cost of the facility, as well as
private funding commitments, before additional funds are
provided for this project.
The managers have included funding to initiate planning
on three proposed visitor center projects. Because of concerns
about the projected scope of these projects, and the need to
address increased funding to reduce the deferred maintenance
backlog, the managers are providing specific direction to limit
the size and gross cost of these facilities, as follows;
$3,500,000 for a new visitor facility at Washita National
Battlefield, $4,000,000 for Grand Portage National Monument,
and $4,500,000 for Homestead National Historic Site. Planning
costs should be limited to 10% of the amounts listed above,
consistent with the NAPA guidelines. The Service should provide
an update to the House and Senate Committees on Appropriations
on its revised approach and its progress on these projects by
May 1, 2003.
The managers have provided $395,000 for Thomas Stone
NHS--$300,000 to stabilize the East Wing and $95,000 to make a
gravel parking lot ADA compliant. The managers have provided
$500,000 under the operation of the national park system
account for upgrades at the Wright Brothers National Memorial
in North Carolina. The $400,000 for Eleanor Roosevelt NHS is
for park restorations only as specified in the House report.
The managers have provided planning funds for a proposed
educational center to be constructed at Fort Osage in Missouri.
The managers want to ensure that the scope and cost of the
project are appropriate, given the visitation at the site, and
that the project includes a significant private cost share. The
managers urge the project sponsors and the Service to provide
the House and Senate Committees on Appropriations with a final
plan for construction, which scales the project appropriately
and which provides a significant non-Federal cost share before
additional funds will be provided.
The Administration has requested funding for the
construction of security structures at the Washington Monument,
and Lincoln and Jefferson Memorials in Washington, D.C. The
Congress has previously provided language that would expedite
the contracting process for these facilities so that
construction could begin in the late summer of 2002 in
accordance with the schedule provided by the Service. The
managers now understand that the planning, review and clearance
processes have delayed the start of construction for the
Washington Monument and Jefferson Memorial projects (by a full
year). As a result of these delays, funds requested for these
projects are no longer needed in fiscal year 2003. The managers
direct the Administration to include funding for these projects
in the fiscal year 2004 construction request.
The managers are aware of the partnership project between
the National Park Service and the Valley Forge Historical
Society to contract and operate a National Center for the
American Revolution at Valley Forge National Historical Park.
Congress authorized the Secretary of the Interior to enter into
an agreement for this partnership in Public Law 106-86, but
made no financial commitment to the construction of the
project.
While the partnership may provide opportunities to
improve the care of important Revolutionary War era collections
and enhance the educational opportunities afforded to visitors
at the park, the planning for this facility must proceed
cautiously. The project sponsors need to recognize the
budgetary constraints facing all levels of government, as well
as recent decreases in philanthropic giving. With these
concerns in mind, the managers expect the National Park Service
to report to the House and Senate Committees on Appropriations
on a reasonably scaled vision for the Center, with commitments
for non-Federal cost share, no later than June 1, 2003. Future
funding for this project is unlikely if the Service does not
prioritize it as part of its five-year line-item construction
program.
Within the funds provided for General Management
Planning, the Service is directed to complete the EA for the
Mt. Vernon Trail and a new area study for Great Falls National
Park and to support the Harpers Ferry National Historic Park
general management plan consistent with Senate guidance.
The managers have provided $7,500,000 to enhance the
capacity of the Service to execute the infrastructure program.
The managers expect that not more than 50 percent of these
funds be used to hire staff in the regional offices. The
balance should be used for contractor support. A report on the
use of these funds should be provided to the House and Senate
Committees on Appropriations.
The managers are concerned with the number of partnership
projects pursued by the National Park Service, but not
prioritized by the agency nor considered in the establishment
of the five-year line-item construction program. While
partnerships are important in enhancing the public appreciation
and understanding of the mission of all of the agencies funded
in the Interior appropriations bill, the Federal commitment
associated with such partnerships cannot be considered separate
and apart from other demands for funding.
The managers are troubled by the growing number of
partnership projects for which the non-Federal partner pursues
funding through the appropriations process. Increasingly, if
these partnership projects receive funding, it will be as a
trade-off against priorities identified in the agency budget
request. Thus, it is important that agencies evaluate the
priority these partnerships receive vis-a-vis the program
requirements prioritized in the budget request, as well as the
vast needs that don't make it into the budget each year.
The President and the Congress have made a significant
commitment to addressing the deferred maintenance backlog of
the National Park Service, and every public dollar pursued for
partnership projects involving new facilities means one less
dollar dedicated to reducing the backlog. In addition, funding
for the operational requirements of the National Park Service
continues to be a significant concern, and pressure to provide
increased funding for large construction investments will
result in reduced capacity to address operational needs. If
partnership projects are a priority for the Administration,
then consideration should be given to adjusting the priority-
setting process for line-item construction to allow for their
competition along with deferred maintenance and other projects.
The funds provided for equipment replacement include
funds to implement PMIS package #90252 regarding snow removal
and related activities for Going-to-the-Sun Road at Glacier
National Park. The managers expect that $500,000 will be used
for replacement boats at Isle Royale National Park.
Land and Water Conservation Fund
(RESCISSION)
The conference agreement rescinds the contract authority
provided for fiscal year 2003 by 16 U.S.C. 4601-10a as proposed
by both the House and the Senate.
Land Acquisition and State Assistance
The conference agreement provides $172,468,000 for land
acquisition and State assistance instead of $253,099,000 as
proposed by the House and $204,005,000 as proposed by the
Senate. Funds should be distributed as follows:
Area (State) Amount
Big Thicket National Preserve (TX)...................... $3,000,000
Black Canyon NP (CO).................................... 300,000
Chickamauga/Chattanooga NMP (TN)........................ 1,030,000
Chickamauga/Chattanooga NMP (Moccasin Bend/Sarodino)
(TN)................................................ 1,300,000
Delaware Water Gap Nat'l Recreation Area (NJ/PA)........ 4,000,000
Gauley River NRA (WV)................................... 1,750,000
Great Sand Dunes Nat'l Mon and Preserve (CO)............ 7,000,000
Gulf Islands National Seashore (MS)..................... 6,000,000
Hawaii Volcanoes National Park (HI)..................... 8,500,000
Ice Age NST (WI)........................................ 2,000,000
Indiana Dunes National Lakeshore (IN)................... 250,000
Keweenaw Nat'l Historic Park (MI)....................... 600,000
Little Rock Central HS Nat'l Historic Site (AR)......... 130,000
Missouri National Recreational River (SD)............... 1,000,000
Mojave National Preserve (CA)........................... 1,000,000
Point Reyes National Seashore (CA)...................... 1,500,000
Richmond National Battlefield Park (VA)................. 2,000,000
Saguaro National Park (AZ).............................. 2,320,000
Santa Monica Mountains NRA (CA)......................... 1,000,000
Shenandoah Valley Battlefields Nat'l Historic District
(VA)................................................ 2,000,000
Sleeping Bear Dunes National Lakeshore (MI)............. 1,000,000
South Florida Restoration (grant to state of FL)........ 15,000,000
Timucuan Ecological and Historic Preserve (FL).......... 2,000,000
Valley Forge National Historic Park (PA)................ 2,500,000
Western Arctic National Parklands (AK).................. 1,200,000
Wrangell-St. Elias Nat'l Park and Preserve (AK)......... 500,000
Use of carryover balances............................... -15,000,000
Subtotal........................................ 53,880,000
--------------------------------------------------------
____________________________________________________
Acquisition Management.................................. 12,588,000
Emergencies/Hardships................................... 4,000,000
Inholdings/Exchanges.................................... 4,000,000
Stateside Grants........................................ 95,000,000
Stateside Administration................................ 3,000,000
--------------------------------------------------------
____________________________________________________
Total........................................... $172,468,000
The managers have not provided funding for Ebey's Landing
NHR and Piscataway Park because there are presently no options
to purchase land. The managers will be pleased to consider
future funding requests.
The Secretary should acquire the Bayliss property at
Cedar Creek and Belle Grove NHP that is now owned by the Cedar
Creek Battlefield Foundation for an amount equal to the balance
due on the current deed of trust on the property but no more
than $368,000. The Secretary shall use funds from the National
Park Service's hardship account to acquire the property.
Upon completion of a new appraisal of Cat Island, MS, the
Service should complete the first phase of the purchase using
funds provided for Gulf Islands National Seashore, together
with other available funds if necessary.
The managers are aware of the concerns of the residents
of the 8.5 Square Mile Area regarding the plan to implement
section 104 of the Everglades National Park Protection and
Expansion Act of 1989 (16 U.S.C. 410r-8), called ``Alternative
6D.'' This plan requires the acquisition of additional homes.
To minimize disruption in the lives of these residents and to
make them whole again, if the United States must take their
property to proceed with implementation of Alternative 6D, the
conference agreement allows the Corps to acquire additional
residential property only if these residents are offered the
opportunity to relocate to comparable land within the 8.5
Square Mile Area. This means that the residents of the 8.5
Square Mile Area who choose to relocate within that area must
be offered land of equal or greater size, suitable under all
applicable land use regulations for use that is the same as the
actual use of the land on which they currently reside and
eligible for all necessary permits required for such use. The
managers also expect the financial assistance provided to such
residents will allow them to build a replacement home of equal
size, including costs of moving and temporary living
arrangements during a reasonable period of time for design and
construction. The managers understand that Federal funding in
the amount of $6,000,000 has previously been appropriated and
provided to the South Florida Water Management District for the
purpose of acquiring replacement residential property. The
language in the conference agreement also clarifies that this
directive is not intended to stop the Alternative 6D project
from moving forward.
The language, specifically the text of subsection (b)
(1), does not require the Corps of Engineers or the non-Federal
sponsor to complete a relocation before completing a land
acquisition, once the offer required by subsection (b) (1) is
made. Such offers and land acquisitions may be made and
completed in accordance with a schedule determined by the Corps
of Engineers and the non-Federal sponsor and need not proceed
sequentially.
Administrative Provisions
The managers have retained the House language regarding
the United Nations Biodiversity Convention.
UNITED STATES GEOLOGICAL SURVEY
Surveys, Investigations, and Research
The conference agreement provides $925,287,000 for
surveys, investigations, and research instead of $928,405,000
as proposed by the House and $914,617,000 as proposed by the
Senate.
There is a decrease below the House for the national
mapping programs of $1,000,000 for Internet access.
The managers recognize the need to implement The National
Map for the Nation's urban areas. These urban areas are the
home to more than 160 million citizens, located in areas
subject to many natural hazards, such as coastal storms and
wildland fires. The managers believe it is important to have
up-to-date information available to Federal, State, and local
governments, the private sector, and the public for emergency
response. The managers recommend that the Survey continue its
efforts to develop and implement The National Map, keeping the
House and Senate Committees on Appropriations apprised of its
progress and future plans through its budget submissions.
Changes to the House for geology programs include
increases of $1,000,000 for volcanic hazard equipment in
Shemya, Alaska, $1,500,000 for the minerals at risk program
which completes this project, $500,000 for the coastal erosion
program, North Carolina, and decreases of $500,000 for the
coastal program, $299,000 for Lake Mead/Hoover Dam, $500,000
for the cooperative geological mapping program, $1,200,000 for
EPCA studies, and $500,000 for the geothermal program.
Changes to the House for water resources include
increases of $200,000 for the Berkeley Pit study in Montana,
$299,000 for the Lake Champlain toxic materials studies,
$500,000 for Hawaiian water monitoring, $220,000 for an algae
bloom study in Hawaii, and $195,000 for the Noyes Slough study
in Alaska, and decreases of $1,000,000 for the Mexico border
initiative, $580,000 for the Long-Term Estuary Group, $400,000
for the Water Resources Research Institutes, $500,000 for toxic
substances, and $105,000 for the Southern Maryland aquifer
study.
Within the funds provided for water resources, $1,000,000
is earmarked for the Long-Term Estuary Assessment program.
Funds have not been included for the Rathdrum Prairie/
Spokane Valley aquifer study as proposed by the Senate. The
managers are supportive of the project generally, but
understand that the required State or local matching funds have
not yet been secured nor has an agreement been reached among
all interested parties, including the Survey, detailing the
scope and collaborative nature of the work. The managers would
be willing to reconsider the project at a future date provided
these issues are resolved.
Increases above the House for biological research include
$750,000 for the continuation of the Mark Twain National Forest
mining study, $180,000 for the Yukon Flats salmon study,
$500,000 for the Pallid Sturgeon study, $100,000 for the
terrapin study in Maryland, $1,000,000 for a DNA bear study in
Montana, $300,000 for a water study at the Leetown Science
Center, $500,000 for Lake Tahoe decision support and decreases
of $800,000 for the fire science program, $500,000 for
amphibian research, $1,000,000 for NBII nodes, $500,000 for the
cooperative research units uncontrollable costs, and $18,000
for travel and transportation.
The managers have supported the establishment of the NBII
to improve access by Federal agencies, States, universities,
and others to biological data and to promote information
sharing. The managers have provided significant funding
increases to NBII in recent years but are concerned about an
apparent lack of direction and budget accountability. These
concerns need to be resolved before additional funding
increases can be considered.
Therefore, the managers direct the Survey to prepare a
strategic plan outlining the prioritized vision for the network
including details and a time line on all new nodes, expansions
of existing nodes, the costs associated with each node, and all
other projects that are part of the NBII program. The plan
should explicitly address national and international
objectives.
The plan should address how the existing and planned
network relates to the Survey's overall strategic and
programmatic goals for enhanced data sharing. The Survey should
provide information on the potential for cost sharing and how
NBII relates to existing, non-Federal data networks such as
Natureserve. As part of the strategic planning process, the
managers would like to see peer-review comments from leading
biologists and informatics specialists that are not associated
with the current NBII partnership.
Finally, the report should show accomplishments to date
for each node, listing national and international
accomplishments, a list of partners involved, and how each
accomplishment supports the biological goals for the Survey and
the Department. The report should specifically address which
NBII accomplishments support USGS science centers and Interior
land management agencies. This information should be provided
to the Committees by April 30, 2003.
There is a decrease below the House for science support
of $1,635,000 for accessible data transfer.
Changes to the House for facilities include an increase
of $375,000 for the Leetown Research Center expansion, and a
decrease of $200,000 for the Tunison laboratory.
The managers support strongly Survey partnerships with
coalitions of institutions that maintain a strong emphasis on
collaborative research, Federal-State partnerships, and public-
private partnerships. Wherever possible, the managers encourage
the Survey to co-locate at these institutions when this
furthers the goals of the Survey, the Department, and the
Administration.
The managers encourage the Survey and the General
Services Administration (GSA) to continue to work towards
completion of a satisfactory plan for relocating the Survey's
Western programs to more adequate space. They are aware that
one of the most promising options is a 30-year build-to-suit
lease for facilities located on land at the University of
California at Santa Cruz. The managers believe that GSA and the
Survey should try to reach agreement on the lease if it is in
the best interest of the Survey, the science programs, and is a
cost effective option.
Administrative Provisions
The managers have made technical changes to the bill
language proposed by the House to make it easier for the Survey
to co-locate its facilities.
MINERALS MANAGEMENT SERVICE
Royalty and Offshore Minerals Management
The conference agreement provides $165,321,000 for
royalty and offshore minerals management instead of
$164,721,000 as proposed by the House and $164,322,000 as
proposed by the Senate.
Changes to the House for royalty and offshore minerals
management include increases of $800,000 for the Center for
Marine Resources, and $800,000 for the Marine Mineral
Technology Center in Alaska, and a decrease of $1,000,000 for
the information management program.
The managers have again provided $1,400,000 to the
Offshore Technology Research Center to perform critical mission
research for MMS through the cooperative agreement dated June
18, 1999.
Within the funds provided for royalty and offshore
minerals management $150,000 is earmarked for the Alaska
Whaling Commission.
Oil Spill Research
The conference agreement provides $6,105,000 for oil
spill research as proposed by both the House and the Senate.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
Regulation and Technology
The conference agreement provides $105,367,000 for
regulation and technology as proposed by the House and the
Senate. Funding for the activities and budget instructions
should follow the House recommendation. The managers understand
that the administration's proposal to give a special allotment
of grants to West Virginia is no longer needed. Instead, the
allocation of grants to States should follow the normal
methodology.
ABANDONED MINE RECLAMATION FUND
The conference agreement provides $191,745,000 for the
abandoned mine reclamation fund as proposed by the Senate
instead of $184,745,000 as proposed by the House. Funding for
the activities and budget instructions should follow the Senate
recommendations. The managers have also included the Senate
proposed bill language included in previous years concerning
certain aspects of the State of Maryland program.
BUREAU OF INDIAN AFFAIRS
Operation of Indian Programs
The conference agreement provides $1,857,319,000 for the
operation of Indian programs instead of $1,859,064,000 as
proposed by the House and $1,855,635,000 as proposed by the
Senate.
Decreases below the House for tribal priority allocations
include $1,120,000 for new tribes and $2,000,000 for welfare
assistance.
Increases above the House for other recurring programs
include $2,000,000 for tribally controlled community colleges,
$50,000 for Western Washington Bolt, $15,000 for Great Lakes
resource management, $100,000 for the Alaska Sea Otter
Commission, $800,000 for the Bering Sea Fisherman's
Association, $146,000 for the bison program, $350,000 for the
Chugach Regional Resources Commission, and $320,000 for the
upper Columbia River tribes, and decreases of $2,000,000 for
ISEP formula funds, $1,000,000 for student transportation,
$1,900,000 for facilities operation and maintenance, $4,000,000
for administrative cost grants, and $441,000 for the timber,
fish and wildlife program.
The funding increase included for the Chippewa/Ottawa
Resource Authority is to be allocated equally between the
Little Traverse Bay Band of Odawa Indians and the Little River
Band of Ottawa Indians.
Increases above the House for non-recurring programs
include $1,500,000 for the distance learning program in
Montana, $750,000 for the Rural Alaska fire program, $50,000
for the North Dakota Department of Agriculture's fire
assistance program in Sioux County, and $350,000 for attorney
fees, and decreases of $200,000 for the Navajo/Hopi settlement
program and $314,000 for the endangered species program.
Increases above the House for special programs and pooled
overhead include $200,000 for the Law Institute for American
Indians, $100,000 for the United Sioux Tribes Development
Corporation, $500,000 for the Alaska native aviation training
program, $1,000,000 for the Yuut Elitnavuviat learning center,
$1,000,000 for the Western Heritage Center Distance-Learning
and Training Program, and $2,000,000 for detention center
staffing.
The managers do not understand the disparate treatment of
Crownpoint Institute of Technology and the United Sioux Tribes
Technical College related to contract support. Unless there is
an objection by the Navajo Nation to Crownpoint being treated
as a tribal organization, the managers expect the Bureau to
provide this funding under a P.L. 93-638 contract and include
contract support.
The managers direct the Bureau to develop a study dealing
with child abuse and child welfare. This study should detail
the adverse effects of child abuse on American Indians and
Alaska natives. As part of the study the Bureau should provide
recommendations for reducing incidents of child abuse including
the potential for developing cost-shared pilot projects with
tribal organizations, States, and non-profit organizations. The
Bureau should provide this study to the Committees by April 30,
2003.
The managers do not concur with the Senate report
language directing the Bureau to establish a service area for
the Samish Indian Nation. Currently this issue is being
litigated, and the Department of the Interior is in settlement
discussions with the tribe. The managers believe that this
process is the appropriate avenue for resolving these issues.
Bill language has been included under operation of Indian
programs to allow the use of ISEP contingency funds to cover
the expenses of negotiated rulemaking required by the No Child
Left Behind Act.
Construction
The conference agreement provides $348,252,000 for
construction as proposed by the Senate instead of $345,252,000
as proposed by the House.
The managers have provided a $3,000,000 increase above
the House for the tribal school construction demonstration
program.
Language has been included under Title I general
provisions authorizing a tribal school construction
demonstration program through fiscal year 2007.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The conference agreement provides $60,949,000 for Indian
land and water claim settlements and miscellaneous payments to
Indians as proposed by the House instead of $57,949,000 as
proposed by the Senate.
Indian Guaranteed Loan Program Account
The conference agreement provides $5,493,000 for the
Indian guaranteed loan program as proposed by the House and
Senate.
DEPARTMENTAL OFFICES
Insular Affairs
ASSISTANCE TO TERRITORIES
The conference agreement provides $76,217,000 for
assistance to territories instead of $73,217,000 as proposed by
the House and $75,217,000 as proposed by the Senate. The
managers have agreed to Compact impact assistance funding out
of the technical assistance activity of $3,000,000 for Hawaii
and $1,000,000 for Guam. The managers have also included the
$1,000,000 recommended by the House for U.S. Virgin Islands
court mandated infrastructure needs and $1,000,000 for the
Prior Service Trust Fund. The managers agree with the House
direction to the Interior Department concerning a new, long-
term solution to the Prior Service Trust Fund financing problem
and with Senate direction for a Federal-local financing plan
for the U.S. Virgin Islands. This latter report should be
submitted by April 30, 2003. The managers also direct that the
CNMI local matching requirement for fiscal year 2003 capital
improvement grants be waived due to the extensive damage caused
by supertyphoon Pongsona.
COMPACT OF FREE ASSOCIATION
The conference agreement provides $20,985,000 for the
Compact of Free Association instead of $21,045,000 as proposed
by the House and $20,925,000 as proposed by the Senate. This
includes a total of $1,631,000 for Enewetak support. The
increase above the request is for repairs to the shipping
vessel which provides food to Enewetak.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
The conference agreement provides $72,427,000 for
departmental management as proposed by the Senate instead of
$57,533,000 as proposed by the House. Changes to the House
include increases of $15,000,000 to restore funds cut on the
House floor, $400,000 for Departmental Direction and a decrease
of $506,000 for Central Services.
The managers encourage the Federal partners responsible
for the Great Lakes Visitor Center, WI, to increase funding for
the center in fiscal year 2003, especially for important
initiatives such as its environmental education program.
The conference agreement includes bill language under
``Department of the Interior, General Provisions'', permitting
the use of Departmental Management funds to pay for shortfalls
at the Midway Atoll National Wildlife Refuge.
The managers direct the Secretary to release a plan for
assisting States, Federal agencies, and tribes managing chronic
wasting disease in wild and captive cervids within 90 days of
enactment of this Act.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
The conference agreement provides $47,773,000 for the
office of the solicitor as proposed by the Senate instead of
$47,473,000 as proposed by the House.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The conference agreement provides $36,239,000 for office
of inspector general, the same as the House and the Senate.
NATIONAL INDIAN GAMING COMMISSION
SALARIES AND EXPENSES
The conference agreement provides no funds for salaries
and expenses of the National Indian Gaming Commission as
proposed by the Senate instead of $2,000,000 as proposed by the
House.
Language has been included under Title I general
provisions increasing the fees available to the National Indian
Gaming Commission from $8,000,000 to $12,000,000 beginning in
fiscal year 2004.
The Commission is directed to consult with tribal
governments on both the development, pursuant to section 18 of
the Indian Gaming Regulatory Act (25 U.S.C. 2717), of a new fee
schedule resulting from increasing the fee cap from $8,000,000
to $12,000,000, and on the regulations published at 67 Federal
Register 41166 (June 17, 2002). The managers concur that not
more than $120,000 of the funds available to the Commission be
used for this consultation process.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
The conference agreement provides $141,277,000 for
Federal trust programs as proposed by the House instead of
$151,027,000 as proposed by the Senate.
The managers once again express their reservations about
funding for the historical accounting project. The managers
have provided an increased level of funds over the fiscal year
2002 enacted level for historical accounting. However, the
managers remain very concerned about appropriating hundreds of
millions of dollars for this project at the expense of other
high priority programs in this bill, including other Indian
programs. The managers believe that it is more important to fix
prospectively the trust systems thereby allowing the Secretary
to continue to meet her trust and fiduciary responsibilities to
Indian country.
The managers have modified the bill language for the
Office of Special Trustee for American Indians noting that of
the funds provided $15,000,000 is for the historical
accounting.
INDIAN LAND CONSOLIDATION
The conference agreement provides $7,980,000 for Indian
land consolidation programs as proposed by the House instead of
$10,980,000 as proposed by the Senate.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The conference agreement provides $5,538,000 for the
natural resource damage assessment fund as proposed by both the
House and the Senate.
ADMINISTRATIVE PROVISIONS
The conference agreement retains language proposed by the
Senate regarding the transfer of an aircraft to Kane County,
UT.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
The conference agreement includes sections 101 through
111, which were identical in both the House and the Senate
bills.
The conference agreement includes the text of the
following sections in the House bill, which contained identical
text in the Senate bill, but had different section numbers in
the Senate bill. The House section numbers were 115, 116, 117,
118, 119, 121, 122, 123, and 124.
The conference agreement retains language proposed in
section 112 of the House bill, which prohibits the National
Park Service from reducing recreation fees for non-local travel
through a park unit.
The conference agreement retains language proposed in
section 113 of the House bill permitting the transfer of funds
between the Bureau of Indian Affairs and the Office of Special
Trustee for American Indians. The Senate had a similar
provision.
The conference agreement modifies House section 114
regarding retention of proceeds from operations at Fort Baker.
The conference agreement retains language proposed in
section 125 of the House bill authorizing funds for Shenandoah
Valley Battlefield National Historical District and Ice Age
National Scenic Trail to be transferred to a State, local, or
other governmental land management entity for acquisition of
lands.
The conference agreement retains language proposed in
section 126 of the House bill prohibiting the closure of the
lunchroom at Carlsbad Caverns National Park. The Senate
addressed this issue in Title III.
The conference agreement retains language proposed in
section 127 of the House bill preventing demolition of a bridge
between Ellis Island and New Jersey.
The conference agreement retains language proposed in
section 128 of the House bill prohibiting clothing optional
usage at Canaveral National Seashore.
The conference agreement retains language proposed in
section 129 of the House bill permitting the expenditure of
funds for incidental expenses related to the National Wildlife
Refuge System Centennial. The Senate had no similar provision.
The conference agreement retains language in section 130
of the House bill authorizing the Park Service to enter into a
cooperative agreement with Capital Concerts.
The conference agreement retains language proposed in
section 131 of the House bill requiring the Department of the
Interior to provide a summary of the Ernst and Young report on
the historical accounting of the named plaintiffs in Cobell v.
Norton. The Senate had no similar provision.
The conference agreement modifies language proposed in
section 132 of the House bill limiting compensation for the
Special Master and Special Master-Monitor appointed by the
court in Cobell v. Norton to not more than 200 percent of the
highest Senior Executive Service rate of pay. The modification
changes the name of Court Monitor to the Special Master-
Monitor. The Senate had no similar provision.
The conference agreement retains language proposed in
section 133 of the House bill requiring the Special Trustee for
American Indians to appoint new Advisory Board members. The
Senate had no similar provision.
The conference agreement retains language proposed in
section 134 of the House bill allowing the Secretary of the
Interior to pay private attorney fees for employees and former
employees named in connection with Cobell v. Norton. The Senate
had no similar provision.
The conference agreement retains language proposed in
section 135 of the House bill allowing the Interior
firefighting Bureaus to engage in firefighting activities on
non-Federal lands. The Senate had no similar provision.
The conference agreement retains language in section 136
of the House bill extending the deadline for submission of the
report and termination of the Commission to create a National
Museum of African American History and Culture.
The conference agreement retains language proposed in
section 137 of the House bill, which allows funds for the
National Museum of African American History and Culture to
remain available until expended.
The conference agreement modifies language proposed in
section 138 of the House bill requiring the U.S. Fish and
Wildlife Service to implement a system of mass marking of
salmonid stocks released from Federally operated or Federally
financed hatcheries. The modification requires that the fish
have a visible mark that can be readily identified by
commercial and recreational fishers. The Senate had no similar
provision.
The conference agreement retains language proposed in
section 139 of the House bill naming the visitor center at the
Bitter Lake National Wildlife Refuge in New Mexico as the
``Joseph R. Skeen Visitor Center''. The Senate had no similar
provision.
Section 122--The conference agreement retains language
proposed in section 120 of the Senate bill continuing the
tribal school construction demonstration program through fiscal
year 2007. The House had no similar provision.
The conference agreement does not include the text of
section 123 as proposed by the Senate, which prohibited the use
of funds to approve the transfer of lands in South Fox Island,
Michigan.
Section 140--The conference agreement retains language
proposed in section 124 of the Senate bill making permanent the
contract authority for transportation at Zion NP, UT and Rocky
Mountain NP, CO. The House had a one-year extension for Zion
NP, UT, in section 120.
Section 141--The conference agreement retains language
proposed in section 125 of the Senate bill removing grant
restrictions in a heritage education park in Fairbanks, Alaska.
The conference agreement does not retain language
proposed in section 126 of the Senate bill relating to a right-
of-way for a pipeline for the Cadiz groundwater project.
Section 142--The conference agreement retains language
proposed in section 127 of the Senate bill authorizing the use
of previously appropriated funds to plan the John Adams
Presidential Memorial.
Section 143--The conference agreement retains language
proposed in section 128 of the Senate bill providing that 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.
The conference agreement does not include language
proposed in section 129 of the Senate bill directing the Park
Service to make interim payments as part of the Glacier Bay
compensation program.
Section 144--The conference agreement retains language
proposed in section 130 of the Senate bill dealing with grants
under the Defense Conversion, Reinvestment, and Transition Act
of 1992. The House had no similar provision.
Section 145--The conference agreement retains language
proposed in section 131 of the Senate bill dealing with a
modification to a previous Act with respect to taking certain
lands into trust in Kansas.
Section 146--The conference agreement retains language
proposed in section 132 of the Senate bill modifying a
provision from a previous Act conveying land from the Bureau of
Land Management to the city of Mesquite, Nevada.
Section 147--The conference agreement modifies language
proposed in section 133 of the Senate bill permitting the
transfer of previously appropriated construction funds for
operations and maintenance at Midway Atoll National Wildlife
Refuge. The modification permits the transfer of funds from
Departmental Management, if necessary, to cover operational and
maintenance shortfalls at the refuge. The House had no similar
provision.
Section 148--The conference agreement retains language
proposed in section 134 of the Senate bill changing the
authority for a museum in Oklahoma from the Secretary of the
Interior to the Director of the Institute of Museum and Library
Services. The House had no similar provision.
Section 149--The conference agreement retains language
proposed in section 135 of the Senate bill allowing advance
payments to the Department's franchise fund. The House had no
similar provision.
Section 150--The conference agreement retains language
proposed in section 136 of the Senate bill authorizing
$10,000,000 per year for six years, for restoration of
historically black colleges and universities, and reducing cost
share requirements.
Section 151--The conference agreement retains language
proposed in section 137 of the Senate bill deeming the Record
of Decision for the Trans-Alaska Pipeline right-of-way
sufficient to meet NEPA requirements.
Section 152--The conference agreement retains language
proposed in section 138 of the Senate bill expressing the Sense
of the Congress with respect to flow rates in the Missouri
River.
Section 153--The conference agreement modifies language
proposed in section 139 of the Senate bill regarding treatment
of monies in the abandoned mine reclamation fund. This
provision allows the transfer of up to an additional
$34,000,000 if the United Mine Workers Combined Benefit Fund
has a deficit, but this section shall cease to have any force
and effect after September 30, 2004.
Section 154--The conference agreement retains language in
section 140 as proposed by the Senate, which raises the
development ceiling for New Bedford Whaling National Historical
Park.
The language proposed in section 141 of the Senate bill,
extending the Quincy Library Group project, CA, authorization
is addressed in Title III, section 338.
Section 155--The conference agreement retains language
proposed in section 142 of the Senate bill modifying a Coastal
Barrier Resources Act map for land in Virginia. The House had
no similar provision.
Section 156--The conference agreement modifies language
proposed in section 143 of the Senate bill regarding certain
OCS leases in California. The modification changes the
provision from a Sense of the Senate to a Sense of the
Congress. The House had a similar provision in Title III
general provisions.
The conference agreement does not retain language
proposed in section 144 of the Senate bill requiring a study on
communications towers and avian mortality.
The conference agreement modifies language proposed in
section 145 of the Senate bill extending the authorization for
the Strategic Petroleum Reserve; requiring the filling of SPR
to capacity as soon as practicable; and amending legislation
dealing with the Northeast Home Heating Oil Reserve. The
language in the conference agreement is limited to a five-year
extension of the SPR authorization. The House had no similar
provision. The modified language is included in Title III,
section 339 of this conference agreement.
Section 157--The conference agreement modifies language
in section 146 of the Senate bill to provide authority to the
Army Corps of Engineers to assist homeowners, that are being
relocated because of the Modified Water Deliveries project, to
relocate to comparable land within the 8.5 Square Mile Area.
The language also clarifies that this provision is not intended
in any way to stop the alternative 6D project from moving
forward. This issue is addressed in greater detail under
National Park Service land acquisition.
Section 158--The conference agreement includes language
prohibiting the study or implementation of a plan to drain Lake
Powell.
Section 159--The conference agreement includes language
raising the ceiling for fees by the National Indian Gaming
Commission from $8,000,000 to $12,000,000 in fiscal year 2004.
Section 160--The conference agreement includes language
establishing, as a unit of Chickamauga and Chattanooga National
Memorial Park, the Moccasin Bend National Archaeological
District.
Section 161--The conference agreement includes language
authorizing a transfer of 1.7 acres of excess lands to the
Lower Elwha Klallam Tribe.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
FOREST AND RANGELAND RESEARCH
The conference agreement provides $251,685,000 for forest
and rangeland research instead of $252,000,000 as proposed by
the House and $247,804,000 as proposed by the Senate. Changes
to project funding from the House bill include: an increase of
$2,000,000 for Forest Inventory and Analysis (FIA), a decrease
of $850,000 for the advanced housing research consortium, a
reduction of $500,000 for adelgid and insect research in the
east, an increase of $1,500,000 for sudden oak death research,
an increase of $500,000 for the global climate change program,
a decrease of $4,165,000 for fixed costs, an increase of
$500,000 for invasive species research, $500,000 for the Joe
Skeen Institute for Rangeland Restoration, and an increase of
$200,000 for Baltimore, MD, urban watershed research.
The managers agree to the following more specific
direction for the above items:
1. The managers provide $500,000 for the development of
carbon sequestration rules and protocols as part of the Climate
Change Initiative.
2. The managers direct $500,000 for expanded research in
the control and management of pests and pathogens, including
hemlock woolly adelgid, to the forest science laboratory at
Morgantown, West Virginia. The managers expect these funds to
address high priority work throughout the northeast.
3. The managers provide $200,000 to the Northeastern
Research Station for high priority research associated with the
Urban Watershed Forestry Research and Demonstration Cooperative
in Baltimore, Maryland, as part of the program direction for
Revitalizing Baltimore and the Baltimore Ecosystem Study.
4. The managers encourage the Forest Service to work with
the Mississippi Institute for Forest Inventory in order to
further the goals of the FIA program and the Institute.
5. The managers direct the Forest Service to prepare a
strategic plan with a national focus that will demonstrate how
the agency intends to address the spread of sudden oak death.
This strategic plan should consider the proper balance between
the allocation of research and eradication resources and how
these resources can best be coordinated within the Forest
Service as well as with other Federal, State, and local
entities.
State and Private Forestry
The conference agreement provides $286,574,000 for State
and private forestry instead of $279,828,000 as proposed by the
House and $297,472,000 as proposed by the Senate.
The conference agreement provides, as proposed by the
House, $50,374,000 for Federal lands forest health management,
$31,038,000 for cooperative lands forest health management, and
no funding for the proposed emerging pest and pathogens fund.
The managers agree with the concept of withholding some forest
health funding from immediate distribution to address new
problems that may emerge during the year, but the managers feel
that far greater management efficiency and flexibility will
exist if a new account is not created. The agreement includes
bill language proposed by the House which clarifies that
funding in this account should be used for the treatment of
invasive or noxious plants. The managers have moved the
$300,000 proposed by the Senate for leafy spurge control in the
Dakota Prairie grasslands to the national forest system
account. The cooperative lands forest health management
activity includes the $300,000 proposed by the Senate for
Vermont forest monitoring and a total of $1,700,000 for sudden
oak death control. These funds should be allocated primarily to
States with the most severe outbreaks of sudden oak death.
Funding proposed by the Senate under this heading for sudden
oak death research has been moved to the forest and rangeland
research account.
The conference agreement includes $25,653,000 for State
fire assistance instead of $25,353,000 as proposed by the House
and $25,853,000 as proposed by the Senate, the change from the
House proposal being an increase of $300,000 for Cook Inlet
Tribal Council, AK, spruce bark beetle management. The agency
shall follow Senate direction concerning distribution of these
funds. The agreement also includes $5,040,000 for volunteer
fire assistance as proposed by both the House and the Senate.
The conference agreement also includes additional funds for
State fire and volunteer fire assistance as part of the
national fire plan funding within the wildland fire management
account.
The conference agreement includes $32,221,000 for forest
stewardship as proposed by the Senate instead of $36,898,000 as
proposed by the House. Changes from the House proposal are
increases of $250,000 for the Chesapeake Bay program and
$300,000 for Utah forestry education; there is a general
decrease of $5,227,000. The managers note that an additional
$20,000,000 is available for similar activities in the forest
land enhancement program (FLEP) from mandatory farm bill funds.
The managers direct the Forest Service to show clearly in all
future budget justifications within the text for State and
private forestry how mandatory funding for FLEP, provided in
the farm bill, will be allocated and how this funding relates
to forest stewardship activities.
The conference agreement includes $68,827,000 for the
forest legacy program instead of $60,000,000 as proposed by the
House and $74,000,000 as proposed by the Senate. The conference
agreement retains bill language proposed by the House requiring
notification to the Appropriations Committees when the Forest
Service makes funds available for specific forest legacy
projects. The conference agreement also includes bill language,
modifying language proposed by the House, stipulating that
forest legacy grants must be for specific projects or for
specific tasks undertaken when a State joins the program. In
addition, the conference agreement has modified the bill
language proposed by the House concerning the need for a 25%
cost share of the total value of each project. The managers
concur that the Forest Service should require that a minimum
25% cost share must be secured over the life of each grant.
The conference agreement also includes bill language,
which gives the State of Maine until January 31, 2004 to
complete the West Branch project. If this project is not
completed by this date, the entire amount previously
appropriated for this project, $20,013,145, shall be
transferred to the Forest Service wildland fire management
account and be made available for the highest national priority
rehabilitation and restoration projects. The managers expect
that the final West Branch project will include a substantial
fee ownership for the State of about 47,000 acres and that
there will also be completed a conservation easement to the
Forest Society of Maine, or similar group, of about 282,000
acres.
The conference agreement directs the Forest Service to
follow the House proposed direction for the forest legacy
program, with the following exceptions:
1. The managers concur with the House language requiring
the Forest Service to submit a five-year legacy program
strategy but the strategy should articulate the forest legacy
program's national goals, objectives, performance measures, and
the issues and trends affecting forests in regions across the
country. This strategy should also provide a national
perspective for the forest legacy program and assist States in
contributing to national and regional conservation needs. The
managers further direct that the Forest Service revise and
finalize its Forest Legacy Program Implementation Guidelines by
June 30, 2003. The revised guidelines should include definitive
guidance regarding project definition, cost shares, monitoring,
appraisals, and other areas of concern noted in the Committee's
report, dated June 14, 2002.
2. The managers are concerned with the manner in which
the cost share is calculated for legacy projects. Rather than
requiring a 25% cost share for each project before a grant may
be awarded as proposed by the House, the managers concur that
the Forest Service should require that a minimum of 25% of the
total cost share of each project should come from non-Federal
sources over the course of the grant period and that each
project grant must document the total value of the project's
non-federal cost share. The Forest Service shall strictly
comply with existing Office of Management and Budget Circulars
concerning matching requirements for federal grants.
3. The managers recognize that given the often complex
and lengthy nature of negotiations for the purchase of
conservation easements, the agency may submit a request for
project funding in its budget justification, which only
specifies a geographical area rather than a specific tract.
However, the managers will not appropriate funds for such
projects until the agency has identified the specific tracts to
be purchased.
4. The managers concur that, to the greatest extent
possible, legacy easements should provide for public access but
the managers also recognize that there may be reasons why such
access is impractical because of natural resource or public
safety concerns. The managers expect the agency to indicate to
the Committees in advance when an easement will not provide for
public access and the reasons why such access is inappropriate.
5. The managers are concerned that forest legacy program
managers may not be able to use the Forest Service's official
financial accounting system, the Foundation Financial
Information System (FFIS), to manage forest legacy funds due to
the system's limitations. The managers direct the Forest
Service to ensure that FFIS contains accurate and complete
expenditure information for forest legacy grants and that it
supports program management information requirements. The
managers concur with the House proposal concerning the need to
track the status of individual projects, to require separate
grants for each project, and to use a single grant
authorization and payment system for the forest legacy program.
However, the managers understand that the FFIS system may not
be able to manage information in this fashion. If so, the
managers expect the agency to develop and have fully
operational, an independent system which is capable of
performing these functions by the close of the fiscal year.
6. The conference agreement includes new State start-up
funds only for Alaska and Idaho, although the House and Senate
Committees on Appropriations will carefully consider other
States for inclusion in the program in future years.
The conference agreement includes the following
distribution of funds for the forest legacy program:
------------------------------------------------------------------------
State Project Conference
------------------------------------------------------------------------
AK............................ New State start-up... $500,000
AL............................ Perdido River........ 2,000,000
CO............................ Spruce Mountain Ranch 1,875,000
CT............................ Stone House Brook 1,100,000
Project.
DE............................ Green Horizons, phase 1,000,000
2.
GA............................ Pine Mountain........ 4,000,000
GA............................ Sheffield............ 100,000
HI............................ McCandless Ranch..... 1,300,000
ID............................ New State start-up... 500,000
IA............................ Yellow River Forest 700,000
Project.
IL............................ Coon Creek Woods..... 95,000
IL............................ Kyte River........... 305,000
IN............................ Mt. Tea Ridge........ 1,600,000
MA............................ Karner Brook Ridge... 305,000
MA............................ Camp Hi-rock......... 500,000
MA............................ Eagleville Pines..... 835,000
MD............................ Pintail.............. 150,000
MD............................ Deer Creek........... 150,000
ME............................ Leavitt Plantation... 600,000
ME............................ West Branch, phase 2. 2,500,000
MN............................ North Duluth, phase 410,000
1&2.
MT............................ Schiemann............ 600,000
MT............................ Thompson Fisher, 4,000,000
phase 4.
NC............................ RPM project.......... 1,500,000
NH............................ Connecticut Lakes 8,000,000
Headwaters.
NJ............................ Lake Gerard, New 3,000,000
Jersey Highlands.
NM............................ Legunas Bonitas...... 1,500,000
NY............................ East Branch Fish 1,500,000
Creek, phase 2.
OR............................ South Eugene Hills... 1,062,000
PR............................ Rio Abajo North area, 500,000
phase 2.
RI............................ Weetamoe Woods, phase 250,000
2.
RI............................ DuVal Trail Corridor. 200,000
SC............................ Coastal Forest 5,000,000
Ecosystem
Restoration
Initiative, phase 3.
TN............................ Anderson--Tully...... 3,500,000
TN............................ McGlothin tract...... 800,000
UT............................ Castle Rock, phase 2. 2,000,000
UT............................ Chalk Creek 1,600,000
(Blonquist).
VA............................ Sandy Point.......... 575,000
VA............................ Romine project....... 600,000
VT............................ Bull & Sable......... 2,600,000
WA............................ Skykomish River 920,000
Landscape, phase 2.
WI............................ Bad River Headwaters. 3,450,000
WI............................ Baraboo Hills........ 1,000,000
------------------
Project Subtotal................................. 64,682,000
Forest Service program admin. & AON Planning......... 4,145,000
------------------
Total, Forest Legacy............................. $68,827,000
------------------------------------------------------------------------
The conference agreement includes $36,235,000 for the
urban and community forestry program as proposed by the House
instead of $37,750,000 proposed by the Senate. Changes from the
House proposal for this activity include decreases of $100,000
from northeast PA community forestry and $500,000 from the
Chicago greenstreets program, and increases of $350,000 for
Cook County forest preserve, IL, $200,000 for Milwaukee, WI,
and $250,000 for Baltimore, MD urban watershed activities and a
$200,000 general decrease. Senate proposed funding for
Baltimore urban watershed research has been moved to the forest
and rangeland research account.
The conference agreement includes the following
distribution of funds for the economic action programs:
Program/Project Conference
Economic Recovery Base Program.......................... $5,000,000
Rural Development Base Program.......................... 4,000,000
Forest Products Conservation & Recycling................ 1,300,000
Wood In Transportation.................................. 1,000,000
Special Projects:
Allegheny NF Area Regional Tourism, PA.............. 200,000
Arid Lands Research Consortium...................... 300,000
Cradle Of Forestry Conservation Ed, NC.............. 590,000
Cradle Of Forestry Sustainability Study, NC......... 150,000
Four Corners Sustainable Forestry................... 1,000,000
Gonzaga Un. Inland NW Natural Resources Research
Center, WA........................................ 900,000
Hardwood Forestry Foundation........................ 200,000
Institute Of Forest Biotechnology Risk Analysis, NC. 150,000
KY Mine Waste Reforestation......................... 1,000,000
Lake Tahoe Erosion Control Grants, CA NV............ 2,500,000
Little Sandy River, OR.............................. 1,000,000
NY City Watershed Enhancement....................... 750,000
Univ. WA Landscape Management....................... 200,000
Univ. WA & WA St. U. Extension Forestry............. 600,000
Kake Land Exchange, AK.............................. 1,000,000
Mountain Studies Institute, Co...................... 500,000
Envir. Science And Public Policy Research Center, ID 500,000
Fuels In Schools Biomass, MT........................ 500,000
Valdez Avalanche Control, AK........................ 400,000
Wood Education & Resource Center, WV................ 2,700,000
--------------------------------------------------------------
____________________________________________________
Subtotal, Special Projects........................ 15,140,000
==============================================================
____________________________________________________
Total, Economic Action............................ $26,440,000
The conference agreement includes $5,000,000 for the
economic recovery program as proposed by the House and
$4,000,000 for rural development through forestry, but does not
establish specific regional allocations for the Pacific
Northwest or the northeast-midwest as was proposed by the
Senate. Rather, the Forest Service should carefully consider
these regions when allocating grants in these activities. The
conference agreement includes the bill language proposed by the
Senate concerning a direct lump sum payment to the Kake Tribal
Corporation, AK, but the funding total is $1,000,000. The funds
provided to the City of Valdez for avalanche control work shall
be in the form of an advance, direct lump sum payment. The
funds for Little Sandy River shall be provided to Clackamas
County, OR, to perform the work.
The conference agreement includes $4,996,000 for forest
resource information and analysis as proposed by the Senate and
$5,750,000 for the international forestry program.
National Forest System
The conference agreement provides $1,362,299,000 for the
national forest system instead of $1,370,567,000 as proposed by
the House and $1,352,999,000 as proposed by the Senate. Funds
should be distributed as follows:
Land management planning................................ $72,195,000
Inventory and monitoring................................ 175,356,000
Recreation, heritage & wilderness....................... 254,194,000
Wildlife & fish habitat management...................... 133,806,000
Grazing management...................................... 40,850,000
Forest products......................................... 265,353,000
Vegetation & watershed management....................... 190,944,000
Minerals and geology management......................... 52,635,000
Landownership management................................ 93,016,000
Law enforcement operations.............................. 80,800,000
Valles Calderas National Preserve, NM................... 3,150,000
--------------------------------------------------------
____________________________________________________
Total............................................. $1,362,299,000
The following discussion describes funding changes from
the House passed bill.
1. The land management planning activity does not include
a special allocation for the Black Hills National Forest, SD.
2. The inventory and monitoring activity includes an
increase of $50,000 for Lake Tahoe basin adaptive management.
Inventory and monitoring funding includes $6,200,000 for the
Forest Inventory and Analysis program as directed by the House.
3. The recreation activity includes: $350,000 for
environmental analysis of helicopter flights on the Tongass
National Forest, Juneau district; an increase of $64,000 above
the House proposal for the Carhart Wilderness Training
Institute, bringing its total funding to $300,000; and a
reduction of $664,000 for fixed costs. The managers direct the
Forest Service to issue a contract for $350,000 with the City
of Juneau, AK to prepare an environmental impact statement to
identify ways to mitigate the impacts of helicopter charter
flights in the Tongass National Forest on the community of
Juneau, AK. The managers encourage the federal partners
responsible for the Great Lakes Visitor Center, WI, to increase
funding for the center in fiscal year 2003, especially for
important initiatives such as its environmental education
program.
4. The wildlife and fish habitat management activity
includes the Senate proposed increase of $250,000 for the
Batten Kill River, VT, and a reduction of $392,000 for fixed
costs.
5. The grazing management activity is provided
$40,850,000, an increase of $6,075,000 above the enacted level.
This increase should be used to provide range monitoring and
updated allotment management plan analysis.
6. The forest products activity includes the Senate
proposed earmark of $4,000,000 for Tongass National Forest
timber sales preparation out of base funds.
7. The vegetation and watershed management activity
includes the general decrease proposed by the Senate of
$3,790,000 and increases of: $1,450,000 for the Lake Tahoe
basin; $305,000 for Mark Twain National Forest pine
restoration, MO; $300,000 for Wasatch Canyon water quality
initiative, UT; $135,000 for Monongahela National Forest
hydrology study, WV; and $300,000 for leafy spurge control on
the Dakota prairie, ND. The Forest Service is encouraged to
work with the Canaan Valley Institute, WV, on watershed
projects.
8. The minerals and geology activity is increased
$1,000,000 above the House proposal and the landownership
management activity is reduced $4,000,000 from the House
proposal.
9. The law enforcement activity has a general decrease of
$592,000. The managers encourage the Forest Service to evaluate
carefully the funding for law enforcement activities on
national forests in Georgia, especially areas impacted by high
use.
10. The Valles Caldera National Preserve, NM, is funded
at the Senate proposed level. The managers have provided all
funding for the Valles Caldera in this account. The conference
agreement has modified bill language proposed by the Senate
concerning senior executive service salary for the chairman of
the board of the preserve. The agreement now allows SES salary
to continue only for the chairman of the board.
The $5,000,000 general reduction to this account passed
on the House floor is not agreed to nor is the bill language
(reducing and increasing funding) in order to make a change to
grazing management. The agreement does include bill language
allowing fund transfers to the BLM for cadastral surveys.
The conference agreement includes a total of $8,400,000
from all appropriation accounts for the Land Between the Lakes
National Recreation Area, KY and TN.
The managers allow the Forest Service, upon notification
to the House and Senate Committees on Appropriations, to
reprogram national forest system funds within the Lake Tahoe
basin.
The managers reiterate the House direction to the Forest
Service to reestablish an active challenge cost share program.
This program should be coordinated with the Department of the
Interior's similar efforts.
Wildland Fire Management
The conference agreement provides $1,379,938,000 for
wildland fire management instead of $2,013,449,000 as proposed
by the House and $1,351,791,000 as proposed by the Senate. The
managers note that the conference agreement also includes
$636,000,000 under a separate division as proposed by the
Senate to reimburse a portion of wildfire suppression costs
incurred during emergencies in fiscal year 2002 rather than a
contingent emergency appropriation of $500,000,000 as proposed
by the House. The agreement also includes $420,699,000 for
suppression operations as proposed by both the House and the
Senate and $616,000,000 for preparedness, a reduction of
$24,000,000 from the House recommendation.
The managers are concerned that the allocation of funds
between preparedness and suppression operations mentioned above
and in summary tables may not maintain the levels of readiness
needed for public safety that were established in fiscal years
2001 and 2002. The managers also feel that decisive action is
necessary to manage escalating fire suppression costs. An
important component of reducing such costs is maintaining
initial attack capability so that more fires can be contained
before they escape and cause serious loss of life and property
as well as natural resource damage. Accordingly, the managers
direct the Forest Service to analyze current readiness levels
to determine whether maintaining preparedness resources in the
field at a level not less than that established in fiscal year
2002, will, based on the best information available, result in
lower overall firefighting costs. If the agency makes such a
determination, the managers direct the Forest Service to adjust
the levels for preparedness and suppression funding accordingly
and these adjustments shall have the advance approval from the
House and Senate Committees on Appropriations. The Forest
Service should advise the House and Senate Committees on
Appropriations in writing of their decision.
Because of the managers' continuing concern regarding
fire suppression costs during major incidents, the Forest
Service and the Department of the Interior are directed to
contract with the National Academy of Public Administration for
appropriate follow-up work to their study of 2002. The
Departments should equally share the cost of the review and the
review should be conducted forthwith.
OTHER WILDFIRE OPERATIONS
The conference agreement includes $343,239,000 for other
fire operation activities instead of $452,750,000 as proposed
by the House and $330,389,000 as proposed by the Senate. The
allocation of this funding is as follows:
Total
Hazardous Fuels......................................... $228,109,000
Fire Facilities......................................... 1,850,000
Rehabilitation.......................................... 7,124,000
Research & Development.................................. 21,427,000
Joint Fire Science...................................... 8,000,000
Forest Health Management federal........................ 6,955,000
Forest Health Management cooperative.................... 9,979,000
Economic Action......................................... 5,000,000
State and community fire assistance..................... 46,555,000
Volunteer fire assistance............................... 8,240,000
--------------------------------------------------------
____________________________________________________
Total other wildfire operations................... $343,239,000
The conference agreement includes $228,109,000 for
hazardous fuels treatments as proposed by both the House and
the Senate. Changes from the House proposed funding in this
activity are increases of $550,000 for the Lake Tahoe basin,
$1,000,000 for the Santa Fe watershed, NM, and a general
decrease of $1,550,000. The conference agreement does not
include specific bill language in this account as proposed by
the House allowing transfer of funds to the Interior and
Commerce departments for endangered species consultations.
Rather, the agreement includes the similar Senate proposal
under administrative provisions as discussed below.
The managers note that the Department of the Interior and
the Department of Agriculture have begun full implementation of
the 10-Year comprehensive strategy to reduce wildland fire
risks. This strategy involves extensive collaboration with
communities in the selection of hazardous fuels projects. In
support of the strategy, the Departments have developed
detailed criteria for the execution of such hazardous fuels
reduction efforts. The managers feel that collaboration with
communities and the use of criteria for project selection
provide a suitable basis for planning the expenditure of funds,
and accordingly do not concur with Senate report language
requiring that seventy percent of hazardous fuels funds be used
in the wildland urban interface.
Although the conference agreement does not include the
bill language proposed by the Senate concerning the county
partnership restoration program in AZ, NM and CO, the managers
agree that this is an important program and that the Forest
Service should continue to provide funding for it from the
hazardous fuels allocation.
The conference agreement includes $1,850,000 for wildfire
management facilities instead of $20,376,000 as proposed by the
House and no funding proposed by the Senate. This allocation
includes $1,200,000 for the Medford, OR airtanker base and
$650,000 for the Pinhook, FL wildfire station. Specific House
instructions on these two projects should be followed.
The conference agreement includes $7,124,000 for
rehabilitation and restoration activities instead of
$63,000,000 as proposed by the House and $6,124,000 as proposed
by the Senate. This funding includes $2,500,000 for
rehabilitation activities on the Apache-Sitgreaves National
Forest, AZ, as recommended by the Senate.
The conference agreement includes $21,427,000 for
research and development activities as proposed by the Senate
instead of $27,265,000 as proposed by the House. Changes from
the House proposal include an increase of $1,000,000 for the
University of Montana landscape analysis center and $200,000
for the related University of Idaho project and a $7,038,000
general program decrease.
The conference agreement includes $6,955,000 for federal
forest health activities and $9,979,000 for cooperative forest
health activities. The managers expect the Forest Service to
increase its forest health capabilities at Asheville, NC as
described in the House report. The managers have included
$46,555,000 forState and community fire assistance as proposed
by the Senate instead of the $58,000,000 House recommendation. Of the
funds provided for State fire assistance, $4,200,000 shall be provided
to the Municipality of Anchorage and $1,000,000 shall be provided to
the Matanuska-Sustitna Borough to perform work in areas affected by the
spruce bark beetle. The agency shall follow Senate direction with
respect to the distribution of these two allocations.
The conference agreement includes $5,000,000 for economic
action activities associated with the national fire plan
instead of $12,500,000 as proposed by the House and no Senate
funding. Volunteer fire assistance receives $8,240,000 as
proposed by the Senate instead of $8,500,000 as proposed by the
House.
Capital Improvement and Maintenance
The conference agreement provides $552,039,000 for
capital improvement and maintenance instead of $572,731,000 as
proposed by the House and $543,656,000 as proposed by the
Senate. The conference agreement provides for the following
distribution of funds:
Facilities Activity/Project Conference
Maintenance............................................. $93,926,000
Capital improvement..................................... 86,000,000
Projects:
Allegheny NF, Buckaloons, PA........................ 436,000
Allegheny NF, Webbs Ferry, PA....................... 100,000
Angeles NF, Rubio Canyon, CA........................ 1,000,000
Backcountry Hut repairs, AK......................... 350,000
Black Kettle NG, collocation with NPS, OK........... 750,000
Cheoah RD office reconstruction, NC................. 1,250,000
Cherokee NF, Prince Gap, TN......................... 300,000
Chugach NF, Cordova Visitor Center, AK.............. 1,000,000
Cradle of Forestry, exhibits, NC.................... 150,000
Dan. Boone NF, Cave Run lake planning, KY........... 400,000
Dan. Boone NF, Gladie Creek center, KY.............. 250,000
Forestry Science Bldg repairs, Princeton, WV........ 315,000
Franklin County Lake, MS............................ 2,400,000
Green Mountain NF, supervisor's office, VT.......... 750,000
Grey Towers NHS, PA................................. 500,000
Hardwood Technology Ct., Purdue Univ., IN........... 1,700,000
Institute of Pacific Islands Forestry, HI........... 1,000,000
Lee Ranger District Center, VA...................... 500,000
Lewis & Clark Ctr., MT.............................. 284,000
Midewin Prairie NTP, rehab., IL..................... 1,000,000
Monongahela NF facilities improvements, WV.......... 1,340,000
Mystic Ranger District Station, SD.................. 1,500,000
Nantahala NF, Cheoah Point Campground, NC........... 855,000
Old Stoney feasibility study, WY.................... 300,000
Ouachita NF, Camp Ouachita, AR...................... 1,000,000
Pisgah NF, Lake Powhatan cmpgrd rehab., NC.......... 250,000
San Bernardino NF, Big Bear center, CA.............. 550,000
San Bernardino NF, dogwood cmpgrd rehab., CA........ 1,500,000
Stanislaus NF, Emigrant impound. rehab., CA......... 80,000
Tongass NF, Log transfer facilities, AK............. 1,000,000
Warren Lab Rebuild, PA.............................. 900,000
--------------------------------------------------------------
____________________________________________________
Subtotal, Projects.............................. 23,710,000
==============================================================
____________________________________________________
Total, Facilities............................... $203,636,000
Roads Activity/Project Conference
Maintenance............................................. $153,358,000
Capital improvement..................................... 71,000,000
Projects:
Highland scenic highway, Williams river, WV......... 1,300,000
Lake Tahoe basin, NV CA............................. 700,000
Tongass NF improvements, AK......................... 4,000,000
Umatilla NF, Touchet road rehab, WA................. 2,500,000
--------------------------------------------------------------
____________________________________________________
Subtotal, Projects................................ 8,500,000
==============================================================
____________________________________________________
Total, Roads...................................... $232,858,000
Trails Activity or Project Conference
Maintenance............................................. $36,664,000
Capital improvement..................................... 30,165,000
Projects:
Continental Divide trail............................ 1,000,000
FL National scenic trail............................ 500,000
Ocoee River-Thunder Rock trail, TN.................. 200,000
Pinhoti trail, AL & GA.............................. 400,000
Pike S.I. NF, Corely Mtn tunnel #3, CO.............. 250,000
San Sophia Station, CO.............................. 500,000
--------------------------------------------------------------
____________________________________________________
Subtotal, Projects................................ 2,850,000
==============================================================
____________________________________________________
Total, Trails..................................... $69,679,000
Total, Capital Improvement & Maintenance.......... $552,039,000
The managers agree with the overall program direction for
this account provided by both the House and the Senate. The
conference agreement includes bill language proposed by the
House continuing the authority to use funds for road
decommissioning and includes Senate proposed language
concerning a previous appropriation for improvements at Purdue
University, IN, for the hardwoodscience center. The agreement
also allows further direct payments to Purdue University for that
project and to Cordova, Alaska for a shared visitor center.
Furthermore, the managers reiterate that funding for the Chugach
visitor center in Cordova, AK, shall be the final amount provided by
the Forest Service, and the Forest Service should be given a share of
the space proportional to its funding of the construction cost. As
proposed by the House, the conference agreement does not provide any
funding for the Juneau-ANM, AK, building and associated roads. The
managers have included $400,000 for the Pinhoti trail in AL and GA;
this funding should be approximately evenly split between the two
States. The conference agreement includes a total of $5,000,000 for the
Forest Service to address fish passage barriers. The Forest Service
should follow the House direction on this activity, but since the
funding has been reduced, this funding should focus on activities in
regions 6 and 5, which would benefit salmonid fish.
Land Acquisition
The conference agreement provides $133,815,000 for land
acquisition instead of $146,336,000 as proposed by the House
and $145,763,000 as proposed by the Senate. Funds should be
distributed as follows:
Area (State) Amount
Arapaho NF: Beaver Brook Watershed (CO)................. $2,500,000
Beaverhead & Deerlodge NF's: Watershed, RY Timber (MT).. 5,700,000
Black Hills NF (SD/WY).................................. 3,000,000
Bridger-Teton NF (WY)................................... 2,800,000
Chattahoochee NF: Georgia Mountains (GA)................ 3,200,000
Chequamegon & Nicolet NF's: W&S Waterways (WI).......... 2,000,000
Cherokee NF: Tennessee Mountains (TN)................... 4,400,000
Chippewa & Superior NF's: WildWater/WL (MN)............. 1,650,000
Cibola NF: La Madera (NM)............................... 3,800,000
Columbia River Gorge NSA (OR/WA)........................ 5,000,000
Daniel Boone NF: Assorted Inholdings (KY)............... 2,500,000
Flathead NF: Swan Valley (MT)........................... 6,500,000
Florida National Scenic Trail (FL)...................... 3,000,000
Francis Marion NF (SC).................................. 2,000,000
Green Mountain NF: Recreation & Water (VT).............. 1,750,000
Hoosier NF: Unique Areas (IN)........................... 1,500,000
Huron & Ottawa NF's: Great Lakes/Great Lands (MI)....... 2,500,000
Lake Tahoe Basin: Critically Sensitive Lands (CA/NV).... 4,000,000
Lolo NF: Mt Sentinel (MT)............................... 800,000
Los Padres NF: Big Sur Ecosystem (CA)................... 3,000,000
Mark Twain NF: Streams and Lake Frontages (MO).......... 1,750,000
Midewin Tallgrass Prairie (IL).......................... 500,000
Monongahela NF (WV)..................................... 4,000,000
Multiple NFs: Chattooga W&SR /Chattooga River (SC/GA)... 2,000,000
Multiple NFs: Greater Yellowstone Area (MT)............. 6,800,000
Multiple NFs: I-90 Corridor/Plum Creek & Cascade Conser.
Partner. (WA)....................................... 4,000,000
Multiple NFs: Idaho Wilderness/W&S Rivers (ID/MT)....... 1,700,000
Multiple NFs: Lewis & Clark Nat'l Historic Trail (ID/MT) 500,000
Multiple NFs: Northwest W&S Rivers (OR/WA) (Illinois WSR
& Skagit Rvr)....................................... 2,500,000
Multiple NFs: Pacific Crest Trail (CA/OR/WA)............ 3,000,000
Multiple NFs: Pacific Northwest Streams (OR/WA) (Siuslaw
& Arrowleaf)........................................ 3,400,000
Ozark-St. Francis NF's: Ark Rivers & Streams (AR)
(Stumpy Pt. & Lake Winona).......................... 3,000,000
San Bernardino NF (CA).................................. 2,000,000
Santa Fe NF: Gascon Point--Sawyer (NM).................. 5,500,000
Sawtooth NF: NRA Easement Program (ID).................. 1,000,000
Sumter NF: Broad River Corridor (SC).................... 4,600,000
Tahoe NF: North Fork American River--SPI (CA)........... 2,000,000
Talladega NF (AL)....................................... 700,000
Uinta & Wasatch-Cache NF's: Bonneville Shoreline Trail
(UT)................................................ 2,265,000
Uncompahgre & San Juan NF's: Red Mountain (CO).......... 4,000,000
Wasatch-Cache NF: High Uintas (UT)...................... 3,500,000
White Mountain NF (NH).................................. 500,000
Willamette NF: Marion County/Detroit Lake (OR).......... 500,000
Use of carryover balances............................... -7,000,000
--------------------------------------------------------------
____________________________________________________
Subtotal.......................................... 114,315,000
==============================================================
____________________________________________________
Acquisition Management.................................. 15,000,000
Critical Inholdings/Wilderness Protection............... 3,000,000
Land Exchange Equalization Payment...................... 1,500,000
==============================================================
____________________________________________________
Total............................................. $133,815,000
The conference agreement includes bill language directing
the use of $350,000 in prior year funds for Tongass National
Forest land acquisition for a direct payment to the City of
Juneau, AK.
Acquisition of Lands for National Forests Special Acts
The conference agreement provides $1,069,000 for the
acquisition of lands for national forests special acts as
recommended by both the House and the Senate.
Acquisition of Lands to Complete Land Exchanges
The conference agreement provides an indefinite
appropriation estimated to be $234,000 for the acquisition of
lands to complete land exchanges as proposed by both the House
and the Senate. The conference agreement also includes a minor
change in bill language to clarify that the Forest Service has
authority to use donated funds.
Range Betterment Fund
The conference agreement provides an indefinite
appropriation estimated to be $3,402,000 for the range
betterment fund as proposed by both the House and the Senate.
Gifts, Donations and Bequests for Forest and Rangeland Research
The conference agreement provides $92,000 for gifts,
donations and bequests for forest and rangeland research as
proposed by both the House and the Senate.
Management of National Forest Lands for Subsistence Uses
The conference agreement provides $5,542,000 for
management of national forest system lands for subsistence uses
in Alaska as proposed by both the House and the Senate.
Administrative Provisions, Forest Service
The managers have retained bill language proposed by the
Senate, which continues to prohibit the use of funds to abolish
or move regional offices without Appropriations Committee
approval. The conference agreement retains the House proposed
bill language which allows funds to be transferred to the
wildland fire management appropriation only after funds in that
account are obligated. The agreement allows the Forest Service
to advance up to $3,000,000 to the National Forest Foundation
and the Foundation may use up to $400,000 for administrative
costs. The agreement also includes the House proposal to make
the language concerning the Pinchot Institute for Conservation
valid through fiscal year 2007. The conference agreement
includes language, which allows employees of the senior
community service employment program to be considered federal
employees while on the job at the Forest Service. The
conference agreement also includes the Senate proposals on: the
use of funds for law enforcement emergencies; the sale of
facilities on the Green Mountain National Forest, VT; and the
transfer of up to $15,000,000 to reimburse the Departments of
the Interior and Commerce for endangered species act
activities.
DEPARTMENT OF ENERGY
The managers have not agreed to the budget amendment,
which would fund a new National Climate Change Technology
Initiative at the expense of important, ongoing research in
other areas. The House and Senate Committees on Appropriations
will consider a reprogramming request for this new program
should one be submitted and contain acceptable offsets.
Clean Coal Technology
(DEFERRAL)
The conference agreement provides for the deferral of
$87,000,000 in previously appropriated funds for the clean coal
technology program instead of $50,000,000 as proposed by the
House and $70,000,000 as proposed by the Senate. These funds
will become available on October 1, 2003, to complete the
remaining projects in this program.
The managers agree that up to $15 million in prior year
funds may be used for administration of the clean coal
technology program in fiscal year 2003.
Fossil Energy Research and Development
The conference agreement provides $624,900,000 for fossil
energy research and development instead of $664,205,000 as
proposed by the House and $625,665,000 as proposed by the
Senate. The numerical changes described below are to the House
recommended level.
In central systems, there is a decrease of $3,000,000 in
innovations for existing plants for mercury research and, in
advanced systems, there are decreases of $4,500,000 for the
integrated gasification combined cycle program and $1,700,000
for pressurized fluidized bed systems.
In distributed generation systems/fuel cells, there is an
increase of $500,000 in advanced research for the
electrochemical engineering program at Montana State University
and decreases of $6,500,000 in innovative concepts for the
solid state energy conversion alliance and $975,000 in novel
generation for ramjet technology.
There is a decrease of $1,800,000 for carbon
sequestration research and development.
In solid fuels and feedstocks, there is a $1,000,000
increase for the consortium for premium carbon products from
coal and a $1,000,000 decrease for the testing of byproducts
from coal-derived jet fuels. In advanced fuels research, there
are increases of $500,000 for the C-1 chemistry program and
$1,300,000 for the carbon products program and a decrease of
$2,000,000 in advanced concepts for research on sulphur
tolerant catalysts and cleanup technology for coal use in fuel
cells.
In advanced research, there is an increase of $1,000,000
in coal utilization science for the Arctic Energy Office and
decreases of $1,000,000 for university coal research and
$500,000 for HBCU education and training.
In natural gas exploration and production, there is an
increase of $3,000,000 for the Arctic Energy Office of which
$2,000,000 is for Alaska gas pipeline research and $1,000,000
is for other research. For advanced drilling, completion, and
stimulation, there is an increase of $1,500,000 for the Deep
Trek program and a general reduction of $2,200,000. There is
also a reduction of $1,000,000 for the National laboratory/
industry partnership.
Other changes in natural gas technologies include an
increase in emerging processing technology of $80,000 to
complete the coal mine methane program and decreases of
$1,300,000 for the gas hydrates program and $950,000 for the
natural gas infrastructure program.
In oil exploration and production, there is an increase
of $1,500,000 for the Arctic Energy Office of which $500,000 is
for oxygen transport membrane research and $1,000,000 is for
other research, and decreases of $1,000,000 for the National
laboratory/industry partnership, $500,000 for fundamental
research/PRIME, and a general reduction of $7,000,000.
Other changes in oil technology research include
decreases in reservoir life extension of $4,000,000 for
reservoir practices and technology transfer and $1,000,000 for
preferred upstream management practices, and a decrease of
$600,000 for effective environmental protection.
In cooperative research and development, there is an
increase of $240,000.
There is a decrease of $920,000 for headquarters program
direction and an increase of $1,020,000 for energy technology
center program direction. In general plant projects, there is a
decrease of $7,000,000 for renovations at the National Energy
Technology Laboratory.
Finally, there is a decrease of $500,000, for a National
Academy of Sciences review of programs, which leaves $500,000
in the budget for this purpose.
The managers agree to the following:
1. In the mercury research area, the Department should
consider research on mercury emissions reductions from lignite-
fired power plants if a competitive proposal is submitted and
ranks among the high priority project proposals.
2. In the central systems, advanced systems program, the
Department should continue the ITM oxygen project to the extent
possible within available funds.
3. Within the funds provided for fuel cell systems,
$3,000,000 is for the molten carbonate fuel cell hybrid
program.
4. The $7,000,000 increase in transportation fuels and
chemicals, provided by both the House and the Senate, is for
the ultra clean fuels program.
5. In natural gas technologies, within the $2,000,000
provided for Alaska gas pipeline research at the Arctic Energy
Office, $500,000 is to be used for a study of a pipeline spur
from Anchorage to Fairbanks.
6. The increase above the budget request for energy
technology center program direction should be applied as
necessary to cover the cost of in-house personnel and contract
services at the National Energy Technology Laboratory.
The conference agreement includes bill language
earmarking $4,000,000 for infrastructure upgrades at the
National Energy Technology Laboratory as proposed by the Senate
instead of $11,000,000 as proposed by the House.
Naval Petroleum and Oil Shale Reserves
The conference agreement provides $17,831,000 for the
naval petroleum and oil shale reserves instead of $20,831,000
as proposed by both the House and the Senate.
Elk Hills School Lands Fund
The conference agreement provides $36,000,000 to become
available on October 1, 2003, for the Elk Hills school lands
fund as proposed by both the House and the Senate.
Energy Conservation
The conference agreement provides $897,603,000 for energy
conservation instead of $984,653,000 as proposed by the House
and $884,293,000 as proposed by the Senate. The numerical
changes described below are to the House recommended level.
In building research and standards there are decreases of
$1,000,000 for residential buildings integration and $500,000
for commercial buildings integration. For equipment materials
and tools, there are increases of $3,000,000 for the next
generation lighting initiative, $500,000 for lighting and
appliance standards, and $500,000 for windows research and
decreases of $1,500,000 for electrochromics research in the
windows program and $500,000 for the National Fenestration
Rating Council database.
In building technology assistance there are decreases of
$25,000,000 for the weatherization assistance program,
$5,000,000 for State energy conservation grants, $1,000,000 for
community partnerships and $2,000,000 for Energy Star.
Funding for the cooperative programs with the States
($2,000,000) and the energy efficiency science initiative
($4,000,000) has been eliminated in each of the buildings,
industry, and transportation areas and funded at lower amounts
at the end of energy conservation account.
There are also decreases of $700,000 for management and
planning/program direction in the buildings and technology
assistance program and $1,000,000 for the Federal Energy
Management Program.
In industries of the future/specific, there are decreases
of $3,000,000 for petroleum refining, $2,000,000 for bio-based
products consortia in the agriculture program, and $500,000 for
the mining program.
In industries of the future/crosscutting there is an
increase of $1,000,000 for bio-based products consortia and
decreases of $4,000,000 for industrial gasification in the
combustion systems program, $2,000,000 for robotics in the
sensors and controls program, $1,000,000 for best practices in
the technical assistance program, $1,000,000 for industrial
assessment centers, $500,000 for inventions and innovations,
and $1,000,000 for technical and program management support.
Funding for the cooperative programs with the States
($2,000,000) and the energy efficiency science initiative
($4,000,000) has been eliminated in each of the buildings,
industry, and transportation areas and funded at lower amounts
at the end of the energy conservation account.
There is also a decrease of $1,500,000 in management and
planning for program direction in the industry sector programs.
In distributed generation technologies, there is an
increase of $500,000 for the turbines program and decreases of
$4,000,000 for microturbines, $1,000,000 for reciprocating
engines, $2,000,000 for power electronics in the advanced
materials and sensors program, $250,000 for oil heat research
in the fuel flexibility program, and $2,000,000 for
applications integration. There are also decreases in
management and planning of $200,000 for evaluation and planning
and $100,000 for program direction.
In vehicle technologies research, there is a decrease of
$4,000,000 for heavy vehicle propulsion in the hybrid program.
In fuel cell programs decreases include $1,400,000 for fuel
cell systems, $2,000,000 for stack subsystem components of
which $1,000,000 is for platinum substitutes and $1,000,000 is
a general decrease, and $600,000 for fuel processor storage. In
advanced combustion engine research, there are decreases of
$1,000,000 for light truck engines and $500,000 for heavy truck
engines. For off-highway engine research, there is a $3,000,000
general increase and a decrease of $4,500,000 for specific
programs mentioned in the House report. There are also
decreases of $3,500,000 for heavy vehicle systems optimization
and $1,000,000 for advanced battery development.
Other changes in the transportation area are as follows.
There is a decrease of $2,000,000 for fuels utilization. In the
materials program, there is an increase of $500,000 for
automotive propulsion materials and a decrease of $2,000,000
for lightweight materials technologies. In technology
deployment, there is a decrease of $500,000 for the Clean
Cities program.
Funding for the cooperative programs with the States
($2,000,000) and the energy efficiency science initiative
($4,000,000) has been eliminated in each of the buildings,
industry, and transportation areas and funded at lower amounts
at the end of the energy conservation account.
There is also a decrease of $300,000 in management and
planning for program direction in transportation programs.
In policy and management, there is a decrease of
$1,000,000 for the regional support offices.
There is a decrease of $500,000 for a National Academy of
Sciences review of programs, which leaves $500,000 in the
budget for this purpose.
The conference agreement also includes an increase of
$3,000,000 to restore a general reduction to program
administration.
Finally, there are increases of $3,000,000 for a
consolidated cooperative program with the States and $5,000,000
for the energy efficiency science initiative.
The managers agree to the following:
1. Within the funds provided for the windows program, the
Department should consider increasing funds for the National
Fenestration Rating Council database.
2. Within the funds provided for off-highway engine
research, the Department should consider emissions reduction
research, locomotive research, and fuel cell applications for
off-road vehicles.
3. The Department recently established a five-year
agreement with the National Association of State Energy
Officials (NASEO) and the Association of State Energy Research
and Technology Transfer Institutions (ASERTI) to implement a
State Technologies Advancement Collaborative. The Department,
through this collaborative, should use the resources of NASEO
and ASERTI to implement the consolidated cooperative program
with the States and the consolidated energy efficiency science
initiative.
4. As mandated in the fiscal year 2002 Interior
Appropriations Act, half of the funds for the energy efficiency
science initiative are for fossil energy research.
5. Within available funds, the Department should continue
the robotics/repetitive systems project in the Industries of
the Future Program.
The conference agreement earmarks $270,000,000 for energy
conservation grant programs as proposed by the Senate instead
of $300,000,000 as proposed by the House. Within the funds
provided, $225,000,000 is further earmarked for weatherization
assistance grants as proposed by the Senate instead of
$250,000,000 as proposed by the House and $45,000,000 is
earmarked for State energy conservation grants as proposed by
the Senate instead of $50,000,000 as proposed by the House.
Economic Regulation
The conference agreement provides $1,487,000 for economic
regulation as proposed by both the House and the Senate.
Strategic Petroleum Reserve
The conference agreement provides $172,856,000 for the
strategic petroleum reserve as proposed by the Senate instead
of $175,856,000 as proposed by the House.
SPR Petroleum Account
(INCLUDING RESCISSION)
The conference agreement provides $7,000,000 for the SPR
petroleum account as proposed by both the House and the Senate.
The conference agreement also rescinds $5,000,000 in funds
available from previous appropriations.
Northeast Home Heating Oil Reserve
The conference agreement provides $6,000,000 for the
northeast home heating oil reserve as proposed by the Senate
instead of $8,000,000 as proposed by the House.
Energy Information Administration
The conference agreement provides $80,611,000 for the
energy information administration as proposed by the House
instead of $80,111,000 as proposed by the Senate.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
INDIAN HEALTH SERVICES
The conference agreement provides $2,492,115,000 for
Indian health services instead of $2,508,756,000 as proposed by
the House and $2,455,881,000 as proposed by the Senate. The
numerical changes described below are to the House recommended
level.
For hospital and health clinic programs, there are
increases of $230,000 for the Ketchikan Native Corporation and
$4,435,000 to restore administrative reductions proposed in the
budget request and decreases of $6,788,000 for the Indian
health care improvement fund, $1,500,000 for the Lawton, OK
hospital, $500,000 for epidemiological centers, and $500,000
for the Alaska telemedicine program.
For contract health services, there is a decrease of
$5,000,000. For Indian health professions there is an increase
of $95,000 for the recruitment and retention of American
Indians into nursing (RAIN) program at the University of North
Dakota and a decrease of $4,150,000 for recruitment programs.
For direct operations, there is an increase of $4,436,000 to
restore administrative reductions proposed in the budget
request. For the self-governance program, there is an increase
of $4,500,000. Finally, there is a decrease of $11,899,000 for
annuitant health care payments for Public Health Service
personnel.
The managers agree to the following:
1. The direction in the House report should be followed
with respect to the distribution of the Indian Health Care
Improvement Fund. The Service should report to the House and
Senate Committees on Appropriations on the distribution on
funds.
2. The increased funding proposed by the House for
staffing and operations at the Lawton Hospital in Oklahoma will
be phased in over two years. The $1,500,000 increase provided
in fiscal year 2003 should remain in the base budget for fiscal
year 2004 and an additional $1,500,000 should be added in 2004.
3. Unless specifically identified to the contrary, any
increases above the fiscal year 2002 level for the direct
operations activity shall be used by the Indian Health Service
for inherently Federal functions.
4. Payments required as the Service's portion of
Departmental initiatives should be included in the budget as
uncontrollable funding increases and not applied as across-the-
board health program reductions.
5. The Service should carefully review its use of funds
under the self-governance activity.
6. Any Departmental efforts to consolidate functions or
restructure or realign programs that affect the Indian Health
Service must be approved through the reprogramming process by
the House and Senate Committees on Appropriations prior to
implementation.
7. Within the fiscal year 2003 budget there is $250,000
for the InPsych program at the University of Montana and
$250,000 for the InPsych program at the University of North
Dakota, $750,000 for the INMED program at the University of
North Dakota, $1,000,000 for the dental program run by First
Nations Community Health Sources in cooperation with the
Southwest Indian Polytechnic Institute in the Albuquerque, New
Mexico area, and $3,500,000 for the Telehealth Initiative in
Alaska.
8. The direction in the Senate report with respect to the
Mississippi Band of Choctaw Indians is no longer necessary.
The conference agreement provides a statutory earmark of
$18,000,000 for the catastrophic health emergency fund as
proposed by the Senate instead of $15,000,000 as proposed by
the House. The statutory earmark for other contract health
services is $460,130,000 instead of $468,130,000 as proposed by
the House and $450,130,000 as proposed by the Senate. The
conference agreement also permits funds, provided to new tribes
through the contract health services activity, to be used for
direct medical services in addition to contract care. The
Service began funding new tribes from the contract health
services account several years ago and it was never the intent
of the House and Senate Committees on Appropriations to limit
new tribes funding to contract health care only.
The ceiling for the loan repayment program is $25,000,000
instead of $22,000,000 as proposed by both the House and the
Senate. The managers expect that this increase will permit the
service to increase the amount made available to recruit
dentists, pharmacists, podiatrists, and other critical health
professionals.
The conference agreement includes bill language that
extends the availability of funds under the Special Diabetes
Program for Indians so that these funds remain available until
expended. The managers note that funding for this program was
recently increased substantially and encourage the Service to
use the additional funds to strengthen its national clinical
data system so that data from programs may be tracked
comprehensively and outcomes reported with confidence. While
IHS has made strides over the past five years, there remains
significant room for improvement. The Service should also use
the additional diabetes funds for a competitive grant program
that addresses the most compelling diabetes complications in
American Indians and Alaska Natives and addresses primary
prevention of diabetes in American Indians and Alaska Natives
using the latest scientific findings on this subject. These
competitively awarded projects should demonstrate new
approaches to dealing with diabetes and related health
complications. The managers also encourage the Service to
expand participation in diabetes education and prevention for
Native American youth through the Boys and Girls Clubs of
America.
Finally, bill language is included that directs
$5,000,000, of the $15,000,000 provided to the Alaska
Federation of Natives for alcohol control, prevention,
treatment, sobriety and wellness, be made available to the
Alaska Native Tribal Health Consortium for substance abuse and
behavioral health counselors through the Counselors in Every
Village Program.
INDIAN HEALTH FACILITIES
The conference agreement provides $376,190,000 for Indian
health facilities instead of $391,865,000 as proposed by the
House and $365,390,000 as proposed by the Senate. The changes
to the House level include an increase of $156,000 for
facilities and environmental health support and decreases of
$2,500,000 for maintenance and improvement, $156,000 for
sanitation facilities, and $1,000,000 for equipment. For
hospital and clinic construction, there are increases of
$2,100,000 to complete the Pinon, AZ clinic and $308,000 for
the Metlakatla, AK clinic and decreases of $4,000,000 for the
Fort Defiance, AZ hospital, $5,583,000 for the St. Paul, AK
clinic, and $5,000,000 for small ambulatory care facilities.
The managers agree to the following distribution of
facilities construction funds (excluding sanitation
facilities):
Conference
Project agreement
Fort Defiance, AZ (complete hospital)................... $16,400,000
Pinon, AZ (complete clinic)............................. 16,000,000
Winnebago, NE (complete hospital)....................... 8,241,000
Red Mesa, AZ (clinic construction)...................... 7,653,000
Pawnee, OK (complete clinic)............................ 12,633,000
Sisseton, SD (clinic construction)...................... 3,000,000
St. Paul, AK (clinic construction)...................... 5,584,000
Metlakatla, AK (clinic construction).................... 308,000
Clinton, OK (clinic design)............................. 1,300,000
Bethel, AK quarters (complete).......................... 5,000,000
Small ambulatory care facilities........................ 5,000,000
Dental units............................................ 1,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. $82,119,000
The managers agree to the following:
1. The decrease to the House level for the Fort Defiance
Hospital still provides sufficient funds to complete this
project, which will be constructed for less than the previous
estimate.
2. Any Departmental efforts to consolidate functions or
restructure or realign programs that affect the Indian Health
Service must be approved through the reprogramming process by
the House and Senate Committees on Appropriations prior to
implementation.
3. Fiscal year 2003 funding for the small ambulatory
facilities program may be used to select projects from the rank
order list generated from the fiscal year 2001 application
process. A new request for proposals should be issued if funds
are made available for this program in fiscal year 2004.
4. Savings from completed health care facilities
construction projects may be used to continue high priority
projects currently on the Service's health care facilities
construction priority lists. In fiscal year 2003, $5,000,000
should be made available for the Metlakatla, AK Clinic and
$3,000,000 should be made available for renovations at the
Lawton, OK Hospital.
The conference agreement includes bill language proposed
by the Senate prohibiting the use of funds for sanitation
facilities construction associated with new homes funded
through Department of Housing and Urban Development grants. The
House addressed this issue in report language. Bill language
also is included permitting the Service to use up to $1,000,000
to purchase ambulances as proposed by the Senate instead of up
to $500,000 as proposed by the House. The language has been
modified to permit the use of either services funding or
facilities funding for this purpose.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
The conference agreement provides $14,491,000 for
salaries and expenses of the Office of Navajo and Hopi Indian
Relocation as proposed by both the House and the Senate.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
The conference agreement provides $5,490,000 for payment
to the institute instead of $5,130,000 as proposed by both the
House and the Senate.
Smithsonian Institution
SALARIES AND EXPENSES
(INCLUDING RESCISSION)
The conference agreement provides $449,105,000 for
salaries and expenses at the Smithsonian Institution, instead
of $436,660,000 as proposed by the House and the Senate. This
total includes a rescission of $14,100,000 as proposed in the
budget.
Changes to the House proposed funding level include
increases of $750,000 for the National Museum of American
History's 9/11 initiative, $11,000,000 for additional security
improvements at the National Zoo and the Office of Protection
Services, and $945,000 to restore in full the general
offsetting reduction of $12,795,000 proposed in the budget
request. The House had provided the bulk of these funds,
$11,850,000, in its initial recommendations. The Senate, in
agreement with the Administration, had accepted the reduction
in full. There is a decrease of $250,000 for research
activities at the Tropical Research Institute, which still
provides an increase of $500,000 above the budget request for
those programs.
The managers are aware that there has been confusion in
recent years regarding the Smithsonian Institution's
eligibility to compete for grants at the National Science
Foundation. This problem was recently identified as a
significant issue in the National Academy of Public
Administration's review of Smithsonian science programs
released in October 2002. The Appropriations Committees are
concerned that this confusion has persisted despite recent
internal NSF policy directives clarifying that the Smithsonian
is fully eligible to compete for National Science Foundation
grants. The managers urge the Secretary of the Smithsonian to
work with the Director of the National Science Foundation to
make sure that Smithsonian grant applications are welcomed by
all programs at the Foundation and given fair consideration
with all other applications based on the merits of the
proposals.
REPAIR, RESTORATION AND ALTERATION OF FACILITIES
The conference agreement provides $83,425,000 for repair,
restoration and alteration of facilities instead of $81,300,000
as proposed by the House and $78,300,000 as proposed by the
Senate. The changes are detailed below.
The managers have provided an additional $2,125,000 for
critical repairs at the National Zoological Park including
$500,000 to complete roof construction planning for the
Elephant and Reptile Houses, $625,000 for critical structural
repairs at the Seal/Sea Lion area and $1,000,000 for electrical
repairs.
CONSTRUCTION
The conference agreement provides $16,000,000 for
construction as proposed by the Senate instead of $10,000,000
as proposed by the House. This completes the Federal commitment
to the National Museum of the American Indian.
Administrative Provisions, Smithsonian Institution
The conference agreements includes language proposed by
the Senate prohibiting the reprogramming of funds without prior
approval of the Committees.
National Gallery of Art
salaries and expenses
The conference agreement provides $77,219,000 for
salaries and expenses of the National Gallery of Art as
proposed by the Senate instead of $78,219,000 as proposed by
the House.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
The conference agreement provides $16,230,000 for repair,
restoration and renovation of buildings as proposed by both the
House and the Senate.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
The conference agreement provides $16,310,000 for
operations and maintenance of the Kennedy Center as proposed by
both the House and the Senate.
CONSTRUCTION
The conference agreement provides $17,600,000 for
construction as proposed by both the House and the Senate.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
The conference agreement provides $8,488,000 for salaries
and expenses of the Woodrow Wilson International Center for
Scholars as proposed by both the House and the Senate. Funds
should be distributed as follows:
Fellowship program...................................... $1,259,000
Scholar support......................................... 659,000
Public service.......................................... 2,261,000
General administration.................................. 1,968,000
Smithsonian fee......................................... 208,000
Conference planning..................................... 1,968,000
Space................................................... 165,000
--------------------------------------------------------
____________________________________________________
Total............................................. $8,488,000
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
The conference agreement includes $116,489,000 for grants
and administration of the National Endowment for the Arts as
proposed by the Senate instead of $99,489,000 as proposed by
the House. The increase above the House level is due to merging
the funding for the Challenge America Arts Fund into this
account as proposed by the Senate. This merger will increase
efficiency and management of this relatively new arts program.
The managers agree to the House proposed funding levels for:
direct grants, State partnerships, program support and
administration. The conference agreement also includes, within
the administrative provisions for the National Foundation, the
bill language proposed by the House increasing efficiency for
grants less than $10,000.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
The conference agreement provides $109,632,000 for grants
and administration of the National Endowment of the Humanities
as proposed by the Senate instead of $114,932,000 as proposed
by the House. In addition to funds provided in this account,
further appropriations for the NEH are included in the matching
grants category below.
MATCHING GRANTS
The conference agreement provides $16,122,000 for
matching grants as proposed by the House and the Senate.
Institute of Museum and Library Services
Office of Museum Services
GRANTS AND ADMINISTRATION
The conference agreement moves the jurisdiction and
funding for the Office of Museum Services to the Labor, Health
and Human Services and Education and Related Agencies
subcommittee as proposed by the Administration. This
consolidates all funding for the Institute thereby increasing
administrative efficiency.
Challenge America Arts Fund
CHALLENGE AMERICA GRANTS
The conference agreement has moved funding for Challenge
America grants into the National Endowment for the Arts grants
and administration account as proposed by the Senate. The
funding level for this activity is $17,000,000 as proposed by
the Senate instead of $27,000,000 proposed by the House.
Commission of Fine Arts
SALARIES AND EXPENSES
The conference agreement provides $1,224,000 for salaries
and expenses of the Commission of Fine Arts as proposed by the
Senate instead of $1,255,000 as proposed by the House.
National Capital Arts and Cultural Affairs
The conference agreement provides $7,000,000 for national
capital arts and cultural affairs as proposed by both the House
and the Senate. The agreement also includes the bill language
proposed by the House limiting funds for any studies or actions
to alter or transfer this account to funding provided
specifically to the Office of Management and Budget.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
The conference agreement provides $3,667,000 for salaries
and expenses of the Advisory Council on Historic Preservation
as proposed by the House and the Senate.
National Capital Planning Commission
SALARIES AND EXPENSES
The conference agreement provides $7,253,000 for salaries
and expenses of the National Capital Planning Commission as
proposed by the Senate instead of $7,553,000 as proposed by the
House.
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
The conference agreement provides $38,663,000 for the
Holocaust Memorial Museum as proposed by the House and the
Senate.
Presidio Trust
PRESIDIO TRUST FUND
The conference agreement provides $21,327,000 for the
Presidio Trust Fund as proposed by both the House and the
Senate. The Senate receded to the House language directing the
Presidio Trust to contract with the National Academy of Public
Administration. The scope of work should focus on finance and
business practices.
TITLE III--GENERAL PROVISIONS
The conference agreement includes sections 301 through
306, which were identical in both the House and the Senate
bills.
The conference agreement includes the text of the
following sections in the House bill, which contained identical
text in the Senate bill, but had different section numbers in
the Senate bill. The House section numbers were 307, 308, 309,
310, 311, 312, 313, 314, 317, 318, 320, and 328.
Section 314--The conference agreement includes language
proposed in section 316 of the Senate bill prohibiting the use
of funds for GSA telecommunications centers. This provision was
carried last year.
Section 315--The conference agreement includes language
proposed in section 310 of the Senate bill, allowing
competition for watershed restoration projects through the
``Jobs in the Woods'' program.
Section 317--The conference agreement includes language
proposed in section 315 of the House bill limiting the use of
answering machines during core business hours. This provision
was carried in previous years. The Senate had no similar
provision.
Section 318--The conference agreement includes language
proposed in section 319 of the Senate bill concerning the
export of western redcedar from national forest system lands in
Alaska rather than the similar House section 316.
Section 321--The conference agreement modifies language
proposed in section 319 of the House bill, which clarifies how
the Forest Service should conduct cooperative agreements.
Section 323--The conference agreement includes language
modifying language proposed in House section 321 and language
in Senate section 323 concerning stewardship contracting for
the Forest Service. The bill language in the conference
agreement is altered from the House version as follows: the
Bureau of Land Management is now included in the program; the
authority is extended a total of ten years; the program is no
longer a demonstration effort with a cap on the number of
projects; language clarifies that the program may include
contracts where trees have commercial value; monitoring
requirements are clarified at the programmatic level; and
language clarifies that the Secretaries may designate one
contracting officer to administer a contract or agreement.
Section 324--The conference agreement includes language
proposed in section 322 of the House bill, which makes a
technical correction to the Cabin User Fee Fairness Act of
2000.
Section 325--The conference agreement modifies language
proposed in section 323 of the House bill, which extends the
Forest Service conveyances pilot program and now also allows
the Forest Service to include 3 conveyances where the receipts
can be used to replace or modify facilities, upon Committee
approval.
Section 326--The conference agreement includes language
proposed in section 324 of the Senate bill providing for the
use of GSA contract airfares by employees of foundations
established by Acts of Congress to solicit funds on behalf of
Federal land management agencies. The House had a similar
provision in section 325 of the House bill.
Section 328--The conference agreement modifies language
proposed in section 324 of the House bill regarding expiring
grazing permits by the Bureau of Land Management and the Forest
Service. The modification deals with permits expiring during
2003. The Senate had a similar provision.
Section 329--The conference agreement includes language
proposed in section 326 of the House bill authorizing a
demonstration program to recruit health professionals at the
Eagle Butte service unit in South Dakota. The Senate had no
similar provision.
Section 330--The conference agreement includes language
proposed in section 327 of the House bill prohibiting the
transfer of funds to other agencies other than provided in this
Act. The Senate had no similar provision.
Section 331--The conference agreement includes language
proposed in section 329 of the House bill, which continues a
legislative provision prohibiting funds for oil or gas leasing
or permitting within the Finger Lakes National Forest, NY.
The conference agreement does not retain language
proposed in section 330 of the House bill regarding certain OCS
leases in California. This issue is addressed in Title I,
section 156.
Section 332--The conference agreement retains language
proposed in section 331 of the House bill prohibiting funding
to improve Pennsylvania Avenue in front of the White House
without prior approval by the House and Senate Appropriations
Committees.
Section 333--The conference agreement includes language
proposed in section 327 of the Senate bill, which allows the
Secretaries of the Interior and Agriculture to consider local
contractors when awarding contracts for certain activities on
public lands.
Section 334--The conference agreement includes language
proposed in section 328 of the Senate bill increasing the cap
on administrative expenses of the North Pacific Research Board.
The House had no similar provision.
Section 335--The conference agreement retains language
proposed in section 329 of the Senate bill limiting review of
certain elements in the land management plan for the Tongass
National Forest, AK.
Section 336--The conference agreement includes language
proposed in section 330 of the Senate bill extending the
authorization for assistance to the Four Corners Interpretive
Center.
Section 337--The conference agreement retains language
proposed in section 331 of the Senate bill amending the Alaska
Native Claims Settlement Act to allow native corporations to
establish settlement trusts.
Section 338--The conference agreement includes language
proposed in section 141 of the Senate bill, which extends the
Quincy Library Group forestry project in California for five
more years.
Section 339--The conference agreement modifies language
proposed in section 145 (Title I) of the Senate bill extending
the authorization for the Strategic Petroleum Reserve;
requiring the filling of SPR to capacity as soon as
practicable; and amending legislation dealing with the
Northeast Home Heating Oil Reserve. The language in the
conference agreement is limited to a five-year extension of the
SPR authorization. The House had no similar provision.
Section 340--The conference agreement includes language
requiring formal approval by the House and Senate Committees on
Appropriations of all Declarations of Taking and Complaints in
Condemnations with the exception of the South Florida
Restoration Project.
Section 341--The conference agreement includes a new
provision, which names the 6,294 acre Panthertown Valley Tract
of the Nantahala National Forest, North Carolina, in honor of
James and Elspeth McClure Clarke.
TITLE IV--T'UF SHUR BIEN PRESERVATION TRUST AREA
The conference agreement includes the T'uf Shur Bien
Preservation Trust Area Act as proposed by the Senate.
The conference agreement does not include Title V--the
Ottawa National Wildlife Refuge Complex Expansion and Detroit
River International Wildlife Refuge Expansion Act as proposed
by the Senate.
TITLE V--NATIONAL FOREST ORGANIZATIONAL CAMP FEE IMPROVEMENT ACT OF
2003
The conference agreement includes a new Title V--The
National Forest Organizational Camp Fee Improvement Act of
2003.
The National Forest Organizational Camp Fee Improvement
Act reforms and improves the fee schedules being paid to the
Forest Service by non-profit recreational camps, which are
operated by organizations such as the Girl Scouts and church
groups. A new fee structure is needed so that these important
uses of the public lands are encouraged and not excluded due to
new appraisal methods. This new fee system allows camps to
remain on national forest system lands while providing a fair
and equitable return to the American taxpayer.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2003 recommended by the Committee of Conference,
with comparisons to the fiscal year 2002 amount, the 2003
budget estimates, and the House and Senate bills for 2003
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2002... $19,157,770
Budget estimates of new (obligational) authority, fiscal
year 2003........................................... 18,938,078
House bill, fiscal year 2003............................ 20,450,125
Senate bill, fiscal year 2003........................... 18,973,625
Conference agreement, fiscal year 2003.................. 19,078,125
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2002.............................................. -79,645
Budget estimates of new (obligational) authority,
fiscal year 2003.................................. +140,047
House bill, fiscal year 2003........................ -1,372,000
Senate bill, fiscal year 2003....................... +104,500
DIVISION G--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS 2003
In implementing this agreement, the Departments and
agencies should follow the language and instructions set forth
in the explanatory statement of the Managers in the Senate
accompanying H.J. Res. 2 that appears in the Congressional
Record of January 15, 2003. With respect to the provisions in
the Senate explanatory statement that specifically address the
allocation of funds, each has been reviewed by the conferees
and those that are jointly concurred have been endorsed in this
joint statement.
In the cases where the Senate explanatory statement
requests a report, the conferees are agreed that departments
and agencies have up to 90 days beyond the due date specified
in the Senate explanatory statement to submit the report.
The conferees are aware of several instances during the
past year where the Departments funded in the Labor, Health and
Human Services, Education and Related Agencies Appropriations
Act have failed to consult with, or timely notify, the House
and Senate Appropriations Committees about significant
budgetary actions and the reorganization of departmental
offices, programs, and activities. Moreover, some Departments
have become too lax in responding to the requests for
information or reports from the Committees. The conferees
believe that timely, accurate and complete information is
critical in order for the Appropriations Committees to meet
their oversight responsibilities. The conferees fully expect
that the Departments funded in this bill will be more
responsive to the Committees in this regard.
Therefore, the conferees concur with language included in
the explanatory statement of the Senate regarding reprogramming
and the initiation of new programs. The conferees direct that
the Departments and agencies funded through this Division make
a written request to the chairmen of the Committees prior to
the reprogramming of funds in excess of 10 percent, or
$500,000, whichever is less, between programs, activities, or
elements unless an alternate amount for the agency in question
is specified elsewhere in this Division of this statement. The
conferees further agree that a reprogramming request is
required for actions involving less than the above-mentioned
amounts if such actions would have the effect of changing an
agency's funding requirements in future years or if the action
can be construed to be the initiation of a new program.
Second, the conferees reiterate that the Committees be
notified regarding reorganization of offices, programs, or
activities prior to the planned implementation of such
reorganizations.
Third, the conferees request that each Department
institute a tracking system for reports requested by the
Committees in order to ensure their timely submission.
Finally, the conferees concur with language in the
explanatory statement of the Senate that statements on the
effect of this division of this appropriation Act be submitted
to the Committees within 60 days of enactment of this Act.
The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2003, put
in place by this resolution, incorporates the following
agreements of the managers:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
The conference agreement includes $5,218,070,000 for
training and employment services instead of $5,138,513,000 as
proposed by H.R. 246 and $5,120,084,000 as proposed by the
Senate. Of the amount appropriated, $2,463,000,000 is an
advance appropriation for fiscal year 2004, as proposed by H.R.
246 and the Senate.
The conference agreement includes $1,000,965,000 for
Youth Training, which is the Senate level. Funding for the
Youth Opportunity Grants, $44,500,000, provided within the
total for this activity in H.R. 246, is provided separately in
the conference agreement as proposed by the Senate. These
grants are aimed at increasing the long-term employment of
youth who live in empowerment zones, enterprise communities,
and other high-poverty areas.
The conference agreement includes $1,463,770,000 for the
Dislocated Worker program instead of $1,484,500,000 as proposed
by H.R. 246 and $1,383,040,000 as proposed by the Senate. The
conferees override the formula that provides that 80 percent of
the funds provided will be used for State formula grants and 20
percent for National Emergency Grants, providing $1,157,162,000
for the States and $306,608,000 for the National Reserve.
Within the National Reserve, the conference agreement includes
$30,000,000 to fund National Emergency Grants authorized in the
Trade Act of 2002 to support State administration of health
insurance tax credits for eligible participants.
The conference agreement includes $56,000,000 for Native
Americans instead of $55,000,000 as proposed by H.R. 246 and
$57,000,000 as proposed by the Senate.
The conference agreement includes $77,836,000 for
activities authorized under Section 167 of the Workforce
Investment Act, reflected in two separate line items on the
table accompanying the Conference Report: ``Migrant and
Seasonal Farmworkers'' and ``National Activities/Other''. Under
the Migrant and Seasonal Farmworkers line item, the agreement
provides $77,326,000. The conference agreement includes bill
language directing that $4,640,000 of this amount be used for
migrant and seasonal farmworker housing grants. This agreement
also provides that the remaining amount be used for State
service area grants, including funding grantees in those States
impacted by formula reductions at no less than eighty-five
percent of the comparable 1998 levels for such States. Within
the National Activities/Other line item, the conference
agreement includes $510,000 to be used for Section 167
training, technical assistance and related activities,
including continuing funding for migrant rest center activities
at the current level.
The conference agreement includes $1,518,550,000 for Job
Corps. Within the total, $1,391,000,000 is provided for
continuing operations of the program and $127,550,000 is for
renovation and construction of Job Corps centers. The conferees
are pleased with the prompt attention given by the Department
to developing the selection process for new Job Corps centers.
The conferees intend that the Department shall give priority to
communities in major metropolitan areas that demonstrate strong
linkages with local school systems, post-secondary education
systems, employers, faith-based and community organizations and
child care facilities. In an effort to maximize the U.S.
taxpayer's investment in Federal programs, priority should also
be given to sites that incorporate co-location models that may
include Job Corps along with programs such as Head Start and
State or local community colleges and vocational technical
schools. Additionally, priority should be given to sites that
have high numbers of at-risk youth and currently export the
majority of their State's eligible students to Job Corps
centers in other States and regions.
The conferees are aware of the controversy over the
accuracy of financial reporting under the Workforce Investment
Act, and intend to carefully monitor the spending situation,
recognizing the vital role of the workforce system at a time of
economic slowdown.
With respect to the projects listed below for pilots and
demonstrations, the conferees encourage the Department to
ensure that theseprojects are coordinated with local Workforce
Investment Boards. The conferees also encourage the Department to
ensure that project performance is adequately documented and evaluated.
The conference agreement includes the following amounts for the
following projects and activities:
ABCD Devorris Center for Business Development........... $250,000
Advanced Electronics Technology Education Project in
Alabama to educate the workforce for the 21st
century high tech economy........................... 500,000
Alaska's People (Division of Cook Inlet Tribal Council)
to train 245 Anchorage-area low-income Natives for
construction, repair jobs, including gaining
required certifications............................. 100,000
Alcorn State University in Mississippi for training
programs in support of the development of minority
high-tech businesses................................ 900,000
American Indian Science and Engineering Society for the
Rural Computer Utilization Training Program......... 100,000
Automated Nursery Project in Mississippi................ 1,000,000
Bay Area Community Health Partnership in Green Bay,
Wisconsin for nurse training programs............... 650,000
Bay Area Vidio Coalition, San Francisco, CA, to develop
on-line, interactive training for low income
individuals......................................... 300,000
Bethel Community Facility, Chicago Heights, IL, for
development of job training initative with at-risk,
homeless population................................. 125,000
Bishops Museum.......................................... 400,000
Bismarck State College in Bismarck, North Dakota, to
provide training and continuing education related to
electric power plant technologies and operations.... 400,000
Center for Career and Employment Training, Bala Cynwyd,
PA, to train urban, minority workers for entry-level
management positions................................ 200,000
Central Iowa Employment & Training Consortium for a
resource center for disabled and disadvantaged
individuals......................................... 800,000
Central PA Workforce Development Corporation............ 125,000
Chattanooga State Technical Community College,
Tennessee, for Tennessee Valley Workforce Aging
Management Program initiative....................... 500,000
Chester County Department of Community Development/The
Reinvestment Fund, PA............................... 250,000
Chicago Southland Alliance, Chicago Heights, IL, to
recruit and train health care professionals......... 250,000
City of Peoria, Illinois, for training to unemployed and
underemployed individuals in biosciences workforce
development......................................... 100,000
Clark County, NV for training programs designed to move
youth into higher paying construction jobs.......... 250,000
Clark State Community College, Springfield, Ohio, for
Integrated Systems Technologists Maintenance
Training Program.................................... 200,000
Cleveland State University, Cleveland, Ohio, for Ohio
Center for the Advancement of Women in Public
Service............................................. 100,000
Coastal Enterprises, Inc., Wiscasset, ME, for training
low income rural populations........................ 100,000
Collegiate Consortium for Workforce and Economic
Development (formerly Shipyard College)
Philadelphia, PA, for workforce development and
training in the Philadelphia region................. 250,000
Community Economic Empowerment Corporation, Louisville,
Kentucky for employment training programs........... 40,000
Community Empowerment Association, Inc., Pittsburgh, PA,
for data bank development for jobs needed in the
construction trade, health care, services and
manufacturing industries............................ 100,000
Community Loan Fund of Southwestern Pennsylvania,
Pittsburgh, PA, to expand the ``Family Wage Job
Initiative,'' which will provide resources and
create family wage jobs in nine Southwestern PA
counties............................................ 200,000
Contra Costa Community College District, Walnut Creek,
CA, for Regional Training Institute................. 275,000
Delta Center for Career and Workforce Education for
workforce training for adults in the Mississippi
Delta............................................... 1,000,000
Des Moines Area Community College to create a Career
Technology Center................................... 250,000
Essex County College, Newark, NJ, for the Technical
Training Project.................................... 70,000
Everett Community College, Everett, WA, for the
Radiology Technology Program........................ 200,000
Family Service League of Suffolk County, Inc., Bay
Shore, NY, for Work Plus............................ 100,000
Federation of Southern Cooperatives, for education and
training of low-income farmers and their families... 500,000
First Alaskans Foundation in conjunction with Alaska
Works program continuation to train Alaska Natives
as petroleum industry workers....................... 500,000
Flathead Valley Community College in Kalispell, Montana
for the development of occupational and vocational
programs............................................ 700,000
Goodwill Industries of Southeast Wisconsin for a job
training program for disadvantaged adults in
construction and other positions.................... 100,000
Henderson Community College in Kentucky for adult
educational and training programs................... 100,000
High Tech Training--Maui, Hawaii........................ 300,000
Homies, Initiating New Communities, Los Angeles, CA, to
replicate job training program for at-risk youth.... 100,000
Human Services Agency, County of Ventura, California,
for a Skill Training Program for Welfare recipients. 100,000
Institute for Advanced Learning and Research for
curriculum development and equipment to help develop
and innovative high tech workforce in Southside,
Virginia............................................ 100,000
International Brotherhood of Electrical Workers L.U. 363
and Hudson Valley N.E.C.A. Regional Training
Facility, Harriman, NY, for 21st Century training... 100,000
Intertribal Bison Cooperative in Rapid City, SD to
provide employment training......................... 100,000
Kankakee Community College, Kankakee, Illinois, for
Integrated Systems Technology Pilot program to train
individuals to maintain high-tech industrial
equipment found in manufacturing facilities......... 500,000
Kingston-Newburgh Enterprise Community, Newburgh, NY, to
train at-risk youth and expand nurse mentoring
program............................................. 400,000
Lehigh Valley Workforce Investment Board, Inc., for
integrated regional training and employment
curriculum for skilled workers to assist the
manufacturing industry in the Lehigh Valley......... 100,000
Louisville Central Community Center, Inc., Louisville,
Kentucky, for job readiness training and job
placement program for adults who are underemployed.. 15,000
Maine Manufacturing Extension Partnership to provide
training to the manufacturing workforce in the
region.............................................. 750,000
Martin Luther King, Jr., Business Empowerment Center,
Worcester, MA, for job training for minority workers 100,000
Mat-Su School District Vocational training for youth in
Mat-Su Valley....................................... 150,000
Maui Economic Development Board for the Rural Computer
Utilization Training Program........................ 300,000
MECA United Cerebral Palsy, Erie, PA, to establish a job
training program for disabled persons............... 50,000
Michigan Technology Commercialization Cooperation,
Dexter, Michigan, for the implementation of a
program that facilitate the creation of new
companies and jobs.................................. 500,000
Military Educational Training Enhancement Fund,
Carville, Louisiana, for a job challenge program for
at risk youth....................................... 300,000
Milwaukee Area Technical College to implement the new
manufacturing skill standards and develop a
companion assessment and certification system....... 250,000
Minot State University, Minot, North Dakota, for the
Minot Job Corps Fellowship Training Program......... 400,000
Mississippi State University, for the Center for Advance
Vehicular Systems to develop workforce training
systems............................................. 950,000
Mott Community College, Flint, MI, for complementation
of the Mott Workforce Development Institute for
Manufacturing Simulation............................ 830,000
Muhlenberg Resource Center, Muhlenberg College,
Allentown, PA, for programs to overcome language
barriers, improve workplace ethics and career
development......................................... 100,000
National Student Partnerships, Washington, DC, for
National Service Program training activities........ 400,000
Nevada Women's Fund in Reno, Nevada for a comprehensive
study on the status of women and girls in Nevada to
tailor workforce initiatives........................ 50,000
North Central Wisconsin Workforce Development Board to
establish simulated clinical and laboratory
facilities to provide training to nurses and
technicians......................................... 400,000
North Central Workforce Investment Board, Ridgway,
Pennsylvania........................................ 200,000
Oklahoma University Cancer Center....................... 150,000
Opportunity Inc., Highland Park, Illinois, for job
training opportunities.............................. 375,000
Opportunity, Inc. in Highland Park, IL to implement a
model job training program to integrate workers with
disabilities into a manufacturing workplace......... 25,000
Patrick County Education Foundation, Stuart, VA, for
workforce development project for rural communities. 282,000
Pennsylvania Assosciation for Individuals with
Disabilities, Johnstown, PA, for development of job
opportunities for persons with disabilities......... 150,000
Pennsylvania Women Work, Pittsburgh, Pennsylvania, for
job training and employment services to single
parents, displaced homemakers and low-income heads
of household........................................ 100,000
Petersburg/Newburg Improvement Association, Louisville,
Kentucky, for employment training programs.......... 15,000
Philadelphia Opportunities Industrialization Center,
Inc., PA............................................ 200,000
Pine Street Inn in Boston, MA to provide job skills
training to the homeless............................ 125,000
Pittsburgh Life Sciences Greenhouse, PA, for job
training programs related to growing biotech
industry............................................ 100,000
Potential Reentry Opportunities in Business and
Education (PROBE), Lebanon, PA, for job training in
nontraditional jobs or occupational training for
dislocated workers and single parents............... 50,000
Pride Industries, Roseville, CA, to create long-terms
jobs for persons with disabilities and other
barriers to employment.............................. 600,000
Project Amiga, South El Monte, CA, for the TeleVillage
Program............................................. 250,000
Puget Sound Center for Teaching, Learning and
Technology, Bothell, WA, for Future-Ready Workforce
Project............................................. 250,000
Rebuild, Inc., Canton, Ohio, for workforce development.. 250,000
Remote Rural Hawaii Job Training Project................ 1,500,000
Residential Care Consortium, Easton, PA, for job
placement & training for young adults who are aging
out of residential placements....................... 100,000
Safer Foundation, Harvey, IL, for the Workplace
Acclimation Program for Ex-Offenders................ 225,000
Samoan/Asian Pacific Job Training, Hawaii Community
Foundation.......................................... 500,000
San Diego Workforce Partnership, San Diego, California,
for planning and evaluation, and to develop a
curriculum for the Pacific Center................... 175,000
South Carolina Manufacturing Extension Partnership,
Columbia, South Carolina, to train workers on the
principles of lean manufacturing.................... 166,000
Southeast Missouri State University, Cape Giradeau,
Missouri, for economic and workforce development.... 500,000
Springfield Technical Center in Springfield, VT, for job
training activities................................. 300,000
St. Stephen Lifestyle Enrichment Center in Kentucky for
adult education and job training programs........... 250,000
State of Mississippi Automotive Workforce Training
Program............................................. 2,500,000
Telacu Education Foundation in Los Angeles for a
Community-Based Nursing Careers Program............. 900,000
The Joblinks program.................................... 500,000
Thunderbird Trades Academy, Oklahoma City, Oklahoma..... 100,000
Training & Education Opportunities at the University of
Hawaii at Maui...................................... 1,800,000
Umpqua Community College E-Commerce Training Center,
Roseburg, Oregon, to provide job training........... 50,000
United Mine Workers of America, Fairfax, VA, for UMWA
Career Centers, Inc................................. 1,000,000
University of Akron, Ohio, for Medina Campus to
establish a workforce development/vocational
rehabilitation project to meet the needs of the
region's workforce.................................. 1,500,000
University of Alaska-Anchorage Center for Human
Development for training of health care personnel... 400,000
University of Idaho Alternative Careers................. 900,000
University of Mississippi to support real time
captioning efforts for court reporting school....... 500,000
University of Northern Iowa Immigration Services for
Iowa's Communities.................................. 375,000
University Technology Park (Chester) for the
administration of a Computer and Internet Training
Center to train working poor and youth in high-tech
skills.............................................. 75,000
Urban League of Metropolitan Denver, Denver, CO, for
Project Connect Technical Training Program.......... 150,000
Valley Economic Development Center, Van Nuys, CA, for
the Pacoima Workforce Development Initiative to
train low-income inner-city and minority families... 250,000
Valley Initiative for Development and Advancement,
Weslaco, TX, for Community Based Workforce
Demonstration Project............................... 350,000
Valley Packaging Industries, Inc., in Appleton,
Wisconsin to provide job training and support for
homeless shelter residents and non-English speaking
workers............................................. 83,000
Vermilion Community College, Ely, MN, for development of
a Professional Forest Harvester program............. 500,000
Vietnam Veterans Leadership Program of Western
Pennsylvania, Pittsburgh, PA, for the Jobs for
Veterans Project.................................... 250,000
W.J. Usery Center, Atlanta, Georgia, for training and
technical assistance seminars....................... 100,000
Washington State University, Pullman, Washington, for
training and recruitment............................ 50,000
West Virginia High Technology Consortium Foundation,
Fairmont, West Virginia, for the Collaborative
Information Technology Training Program............. 700,000
Western Wisconsin Workforce Development Boards, Inc., in
La Crosse, Wisconsin to provide customized training
for Certified Nurse Practitioners and Licensed
Practical Nurses.................................... 150,000
Westside Industrial Retention and Expansion Network,
Cleveland, Ohio, for continuation of projects....... 500,000
William F. Goodling Regional Advanced Skills Center to
train dislocated workers in the manufacturing
industry............................................ 200,000
Workforce Initiative Association, Canton, Ohio, for the
Business Services Unit Demo project................. 500,000
Wrightco Technologies, Inc., PA......................... 250,000
Young Community Developers, Inc., San Francisco, CA, to
train low income residents as environmental
remediation specialists............................. 350,000
Youth Opportunities in Retailing, Inc., to work in
cooperation with schools and community organizations
to teach sales and service skills to develop a
future workforce.................................... 200,000
Community Service Employment for Older Americans
The conference agreement appropriates $445,200,000 for
Community Service Employment for Older Americans, instead of
$440,200,000 as proposed by H.R. 246 and the Senate.
Program Administration
The conference agreement appropriates $175,652,000 for
Program Administration, instead of $172,061,000 as proposed by
H.R. 246 and $177,642,000 as proposed by the Senate. The
detailed table at the end ofthis joint statement reflects the
activity distribution agreed to by the conferees.
Employment Standards Administration
SALARIES AND EXPENSES
The conference agreement appropriates $383,607,000 for
the Employment Standards Administration, Salaries and Expenses,
instead of $380,757,000 as proposed by H.R. 246 and
$385,457,000 as proposed by the Senate. The detailed table at
the end of this joint statement reflects the activity
distribution agreed to by the conferees.
Special Benefits
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $37,657,000 to be made
available to the Secretary from the fair share entities to pay
the costs of administration of the Federal Employees'
Compensation Act instead of $36,986,000 as proposed by H.R.
246. Within that total the conference agreement includes
$12,027,000 for medical bill review and periodic roll
management as proposed by the Senate, instead of $11,356,000 as
proposed by H.R. 246.
Black Lung Disability Trust Fund
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $31,987,000 to be
transferred to the Employment Standards Administration,
$22,952,000 to be transferred to Departmental Management
Salaries and Expenses, and $334,000 to be transferred to
Departmental Management Office of the Inspector General as
proposed by the Senate rather than $34,151,000, $24,033,000,
and $345,000, respectively, as proposed by H.R. 246.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
The conference agreement includes $453,256,000 for the
Occupational Safety and Health Administration instead of
$444,194,000 as proposed by H.R. 246 and $462,314,000 as
proposed by the Senate. The detailed table at the end of this
joint statement reflects the activity distribution agreed to by
the conferees.
Within the total, $3,200,000 is to be used to extend
funding for Institutional Competency training grants provided
that the grantee has demonstrated satisfactory performance.
The conference agreement does not include the $2,000,000
set-aside as proposed in the Senate bill pertaining to the re-
issuance of an ergonomics standard.
The conferees understand that the Department has had a
proposed reorganization of certain field offices in Maine under
consideration for several months. However, the Department did
not formally advise the Committees on Appropriations until
February 10, 2003 regarding this proposal. The conferees do not
consider this to be timely notification. Therefore, the
conferees direct that the Department maintain the current
organization of Maine field offices until the Congress has had
sufficient time to review this proposal.
Mine Safety and Health Administration
SALARIES AND EXPENSES
The conference agreement includes $274,741,000 for the
Mine Safety and Health Administration instead of $254,323,000
as proposed by H.R. 246 and $271,841,000 as proposed by the
Senate. The detailed table at the end of this joint statement
reflects the activity distribution agreed to by the conferees.
Within the total, the conference agreement includes
$2,000,000 to be available for mine rescue and recovery
activities on a non-contingency basis as proposed by the
Senate. The conference agreement also includes $10,000,000 to
be available until expended for digitizing mine maps and for
developing technology related to such activities as proposed by
the Senate.
The conferees agree with the Senate explanatory statement
included in the Congressional Record of January 15, 2003
pertaining to the National Academy of Sciences report on coal
waste impoundments, except that the due date for the required
study is changed from March 15, 2003 to August 15, 2003.
The conferees have included $3,000,000 for an award to
the National Technology Transfer Center for a coal slurry
impoundment pilot project in Southern West Virginia.
Bureau of Labor Statistics
SALARIES AND EXPENSES
The conference agreement includes $495,454,000 for the
Bureau of Labor Statistics rather than $498,164,000 as provided
by H.R. 246 and $497,054,000 by the Senate. The detailed table
at the end of this joint statement reflects the activity
distribution agreed to by the conferees.
The conference agreement includes language that changes
the period of availability for Occupational Employment
Statistics funding from a program year basis to a fiscal year
basis as proposed by the Senate. Within the total for the
Employment and Unemployment Statistics activity, $5,000,000 is
for the Mass Layoff Statistics program. Similar language was
included in the Senate bill.
Office of Disability Employment Policy
SALARIES AND EXPENSES
The conference agreement includes $47,465,000 for the
Office of Disability Employment Policy instead of $42,500,000
as proposed by H.R. 246 and $47,015,000 as proposed by the
Senate.
Departmental Management
SALARIES AND EXPENSES
The conference agreement includes $390,379,000 for
Departmental Management, Salaries and Expenses, instead of
$294,413,000 as proposed by H.R. 246 and $396,623,000 as
proposed by the Senate. The detailed table at the end of this
joint statement reflects the activity distribution agreed to by
the conferees.
The conference agreement includes $33,893,000 for
administration and management rather than $32,670,000 as
proposed by H.R. 246 and $30,191,000 as proposed by the Senate.
Funds provided above the budget request for this activity may
be used for the Departmental management crosscut.
The conference agreement does not include the $3,000,000
set-aside for the creation of an Office of Pension Participant
Advocacy as proposed by the Senate.
The conference agreement includes $148,015,000 for the
Bureau of International Labor Affairs (ILAB), instead of
$54,574,000 as provided by H.R. 246. Within the total provided,
$82,000,000 is to assist developing countries with the
elimination of child labor. Of this amount, $45,000,000 is for
the International Labor Organization's International Programme
for the Elimination of Child Labor. In addition, $37,000,000 is
provided for bilateral assistance, made available through
September 30, 2004, to improve access to basic education in
international areas with a high rate of abusive and
exploitative child labor. The conference agreement further
includes $20,000,000 for multilateral technical assistance and
$17,000,000 for bilateral technical assistance. These funds
help developing countries implement core labor standards,
strengthen the capacities of Ministries of Labor to enforce
national labor laws, and protect internationally-recognized
worker rights. The conference agreement includes $5,000,000 for
ILAB to build its own permanent capacity to monitor and report
regularly and in-depth to the Congress on the extent to which
foreign countries with trade and investment agreements with the
United States respect internationally-recognized worker rights
and effectively promote core labor standards. The conference
agreement also includes $10,000,000 for global workplace-based
HIV/AIDS education and prevention programs and $14,015,000 for
Federal administration and other ILAB programs.
On June 18, 2002, the Department of Justice published
final regulations regarding Executive Order 13166 pertaining to
limited English proficiency. The conferees are concerned about
the potential costs of implementation to the Department of
Labor, State agencies, local workforce investment boards, and
other grant recipients. Therefore, the Department should
prepare a report by August 15, 2003 for the Committees on
Appropriations which outlines implementation of the new policy
guidance as interpreted by the Department including enforcement
policies and costs to the Department and all affected entities,
including State labor departments or agencies. In addition, the
conferees request that the report also include what assistance
the Department will offer to assist grant recipients in
complying with the revised policy guidance.
Veterans Employment and Training
The conference agreement appropriates $214,212,000 for
Veterans Employment and Training, instead of $210,337,000 as
proposed by H.R. 246 and $218,087,000 as proposed by the
Senate. The detailed table at the end of this joint statement
reflects the activity distribution agreed to by the conferees.
GENERAL PROVISIONS
Executive Order 13126
The conference agreement includes a provision proposed by
the Senate that none of the funds appropriated in this Act
shall be obligated or expended for the procurement of goods
produced by forced or indentured child labor. H.R. 246
contained no similar provision.
Denali Commission
The conference agreement includes a provision proposed by
the Senate that authorizes to be appropriated such sums as may
be necessary to the Denali Commission to conduct job training
where Denali Commission projects will be constructed. H.R. 246
contained no similar provision.
Social Security Divided Retirement System
The conference agreement does not include a provision
proposed by the Senate to extend the Social Security divided
retirement system authority to the State of Kentucky. H.R. 246
did not contain this provision.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
The conference agreement includes $6,497,630,000 for
health resources and services, of which $6,472,630,000 is
provided as budget authority and $25,000,000 is made available
from the Public Health Service policy evaluation set-aside,
instead of $5,885,497,000 as proposed by H.R. 246 and
$6,280,681,000 as proposed by the Senate.
The conference agreement includes bill language
identifying $40,000,000 for the rural hospital flexibility
grants program instead of the $30,000,000 in H.R. 246 and
$45,000,000 in the Senate bill. Within the total provided,
$15,000,000 is for the Small Rural Hospital Improvement Grant
program.
The conference agreement includes bill language
identifying $298,153,000 for the construction and renovation of
health care and other facilities, including the purchase of
equipment. The Senate and H.R. 246 contained no similar
provision. These funds are to be used for the following
projects:
A.O. Fox Memorial Hospital, Oneonta, New York........... $500,000
Access to Care Initiative, Luray, Virginia.............. 400,000
Achievement Centers for Children, Cuyahoga County, Ohio. 500,000
Adolescent Residential Center for Help (ARCH) in
Anchorage, AK....................................... 1,500,000
Advocates for a Healthy Community, Missouri............. 150,000
Aging and Health Services Center........................ 200,000
Alderson-Broaddus College in West Virginia.............. 500,000
All Children's Hospital Pediatric Clinical Research
Center, St. Petersburg, Florida..................... 1,033,000
Allegheny-Clarion Valley Development Corp., PA.......... 100,000
Alliance Community Hospital, for Endovascular surgery... 600,000
Allied Services of Scranton, Allentown, PA.............. 100,000
Alpha Community Ambulance Service, Inc., State College,
Pennsylvania........................................ 100,000
Area 1 Agency on Aging, Del Norte County, California.... 100,000
Arkansas State University at Mountain Home.............. 1,100,000
Atchison County Resource Center, Maryville, Missouri.... 300,000
Atlantic City Behavioral Health Center, Atlantic City,
New Jersey.......................................... 500,000
Aultman Health Foundation, Canton, Ohio................. 1,000,000
Aurora University, Aurora, Illinois, to establish an
Institute for Collaboration in Education and Health
Services............................................ 10,000,000
Ballarmine Health Science Center at the Bellarmine
University, Louisville, Kentucky.................... 800,000
Baptist Health Systems, Baptist Shelby Obstetrical
Services Expansion Project, Alabaster, Alabama...... 500,000
Baptist Orange Hospital, Orange, Texas.................. 350,000
Barnes-Kasson County Hospital, Susquehanna,
Pennsylvania, for a magnetic resonance imaging unit
and digital radiology equipment..................... 850,000
Barnwell County Government, Barnwell, South Carolina,
for new Health Services facility.................... 166,000
Barry University Institute for Community Health and
Minority Medicine, Miami Shores, Florida............ 700,000
Beaverton Health Clinic, Beaverton, Oregon.............. 50,000
Benedictine Hospital, Kingston, New York................ 350,000
Benson Hospital, Benson, Arizona........................ 500,000
Bertie County Rural Health Association, Winsor, North
Carolina............................................ 500,000
Bethune Cookman College in Florida...................... 900,000
Bowdle Healthcare Center in Bowdle, SD for technology
and equipment....................................... 100,000
Boys Town Research Hospital, Lied Learning and
Technology Center for Childhood Deafness and Vision
Disorders in Omaha, Nebraska........................ 1,000,000
Boys Village Youth and Family Services, Milford,
Connecticut......................................... 400,000
Boys' Village, Inc., Smithville, Ohio, for Health and
Wellness Center for middle and high school youth by
keeping them from dropping out, teen pregnancy,
targeting drug and alcohol abuse, and treating
violent youths...................................... 500,000
Bradford Regional Medical Center, Bradford,
Pennsylvania, for medical equipment................. 100,000
Brazos Valley Family Medicine Center, Bryan, Texas...... 250,000
Brownsville Community Health Center, Brownsville, Texas. 300,000
Bucktail Medical Center, Renova, Pennsylvania, for
medical equipment................................... 100,000
Burlington School District, Vermont..................... 100,000
Butler Hospital, Providence, Rhode Island............... 300,000
Camillus House, Miami, Florida.......................... 500,000
Cancer Research Center of Hawaii, Honolulu, Hawaii...... 500,000
Carol G. Simon Cancer Center, Florham Park, New Jersey.. 250,000
Carondelet St. Mary's Hospital, Tucson, Arizona......... 600,000
Catholic Health Systems, Buffalo, New York, for Our Lady
of Victory Neighborhood............................. 500,000
Catskill Regional Medical Center, Harris, New York...... 350,000
Center for Families and Children, Cleveland, Ohio....... 300,000
Charles Cole Memorial Hospital, Coudersport,
Pennsylvania, for medical equipment................. 100,000
Children's Home of Wheeling, Inc., in Wheeling, West
Virginia............................................ 150,000
Children's Hospital and Regional Medical Center,
Seattle, Washington................................. 300,000
Children's Hospital of Central California for
construction of the Pediatric Trauma Unit, Los
Angeles, CA......................................... 150,000
Children's Hospital of San Diego, San Diego, California. 475,000
Children's Medical Center of Dayton, Dayton, OH......... 543,000
Children's Memorial Hospital and Children's Memorial
Institute for Education and Research, Chicago,
Illinois............................................ 650,000
Children's National Medical Center, Washington, D.C..... 300,000
Chippewa Valley Technical College, Eau Claire, Wisconsin 500,000
Christopher Rural Health Planning Corporation,
Christopher, Illinois, for Mt. Vernon Community
Health Center....................................... 380,000
Cincinnati Children's Hospital Medical Center,
Cincinnati, Ohio.................................... 794,000
City of Abilene, Texas.................................. 650,000
City of Austin, South Austin Public Health and
Neighborhood Center, Austin, Texas.................. 500,000
City of El Paso, Texas.................................. 350,000
City of Glendale, California, for the Edison-Pacific
Community Medical Clinic............................ 100,000
Clark County, NV, Health District for a public health
laboratory.......................................... 338,000
Clearfield Hospital, Clearfield, Pennsylvania, for
medical equipment................................... 100,000
Clearwater Valley Hospital and Clinics.................. 500,000
Cleveland Clinic Foundation, Cleveland, Ohio, for a
Heart center........................................ 1,000,000
Cleveland Clinic Foundation, Cleveland, Ohio, for a
Men's Minority Health Center........................ 1,000,000
Cold Spring Harbor Laboratory in New York for a Women's
Cancer Genomics Center.............................. 500,000
Colorado State University............................... 500,000
Columbia Memorial Hospital, Hudson, New York............ 825,000
Columbus Children's Hospital, Children's Research
Institute (CRS), Columbus, Ohio, to purchase
equipment........................................... 921,000
Columbus Community Hospital Foundation, Columbus,
Wisconsin........................................... 650,000
Commonwealth of Virginia, Division of Consolidated
Laboratories........................................ 250,000
Community Clinics Initiative of Cook Children's Medical
Center, Ft. Worth, Texas............................ 600,000
Community Health Center of Franklin County, Turners
Falls, Massachusetts................................ 225,000
Community Health Centers in Iowa........................ 501,000
Community Health Centers of Pinellas, Inc., St.
Petersburg, Florida................................. 500,000
Community Health Connections Family Health Center,
Fitchburg, Massachusetts............................ 300,000
Community Medical Center Healthcare System, Scranton,
Pennsylvania........................................ 800,000
Coulee Community Hospital, Grand Coulee, Washington..... 700,000
County Commission of Raleigh County, West Virginia...... 4,000,000
County of San Mateo, California......................... 650,000
Coushetta Tribe of Louisiana, Jefferson Davis Parish,
Louisiana, for a tribal wellness center............. 1,000,000
Creighton University Health Sciences Complex, Omaha,
Nebraska............................................ 500,000
Crouse Health Foundation, Inc., Syracuse, New York...... 475,000
Cumberland Medical Center, Crossville, Tennessee........ 500,000
Denver Health and Trauma Center to continue its mission
and update the hospital for use as the designated
bioterrorism response center, Denver, Colorado...... 1,500,000
Department of Pediatrics, Milton S. Hershey Medical
Center, Hershey, Pennsylvania....................... 250,000
Department of Public Health, Redding, California, for a
new Public Health Laboratory........................ 500,000
Detroit Medical Center, Hutzel Hospital, Detroit,
Michigan............................................ 800,000
Detroit Medical Center, Rehabilitation Institute of
Michigan............................................ 450,000
Dixie County Health Department, Cross City, Florida..... 130,000
Dominican University of California, San Rafael,
California.......................................... 200,000
Driscoll Children's Hospital, for its Driscoll Pediatric
Clinic in McAllen, Texas............................ 2,000,000
Dunlap Memorial Hospital, Wayne County, Ohio, for
equipment........................................... 750,000
DuPage County Mental Health Center, Wheaton, Illinois... 500,000
East Jefferson General Hospital, Metairie, Louisiana.... 300,000
East Tennessee State University James H. Quillen College
of Medicine, Johnson City, Tennessee................ 200,000
Eastern Virginia Medical School, Norfolk, Virginia...... 500,000
Edward Hospital, Naperville, Illinois................... 100,000
Eisenhower Medical Center, Rancho Mirage, California.... 500,000
Eisner Pediatric and Family Medical Center to expand its
facilities to provide urgently needed care to low-
income children and families........................ 150,000
Englewood Hospital and Medical Center, Englewood, New
Jersey.............................................. 200,000
Erlanger Health System, Chattanooga, Tennessee, for
purchase of mobile carts with wireless laptop, wall-
mounted computers, wireless antennas network
attached servers and wireless hardware and software
infrastructure...................................... 825,000
Euclid Hospital Emergency Department, Euclid, Ohio...... 500,000
Eunice Kennedy Shriver Center at UMass Medical School,
Waltham, Massachusetts.............................. 150,000
Evans Memorial Hospital, Claxton, Georgia............... 50,000
Fairfield Medical Center Children's Daycare Facility,
Lancaster, Ohio..................................... 350,000
Family Christian Health Center, Harvey, Illinois........ 225,000
Family Health Center of Boone County, Missouri.......... 100,000
Family Health Centers of San Diego, San Diego,
California.......................................... 300,000
First Choice Community Clinic, Albuquerque, New Mexico.. 2,300,000
FirstHealth of the Carolinas, Inc., Pinehurst, North
Carolina, subsidization and staff................... 490,000
Florida Blood Services, Inc., St. Petersburg, Florida,
for equipment and construction costs................ 135,000
Florida Emergency Medicine Foundation, Orange County,
Florida............................................. 500,000
Fontbonne University Center for Communication Disorders,
Deaf Education and Special Education Training for
planning and design, Missouri....................... 1,000,000
Fox Chase Cancer Center and The University of Maryland
Greenebaum Cancer Center for the American-Russian
Cancer Alliance to establish a long term
collaborative program for research, clinical
activities and education that will reduce the
morbidity and mortality............................. 600,000
Freeport Family Health Center, Freeport, Ohio........... 150,000
Friendship House Association of American Indians, San
Francisco, California............................... 250,000
Fulton County Department of Health and Wellness,
Atlanta, Georgia.................................... 350,000
Georgia State University, Atlanta, Georgia.............. 400,000
Gifford Medical Center, Randolph, Vermont............... 295,000
Gilda's Club of Northern New Jersey, Hackensack, New
Jersey.............................................. 250,000
Glens Falls Hospital, Glens Falls, New York............. 950,000
Glide Memorial Foundation, San Francisco, California.... 250,000
Good Shepherd, Lehigh County, PA........................ 500,000
Grandview Hospital and Medical Center, Dayton, Ohio..... 500,000
Greater Rockingham Area Services, Bellows Falls, Vermont 40,000
Griffin Home, Friends of Youth, Renton, Washington...... 200,000
Grinnell Regional Medical Center Indigent Care Clinic... 100,000
Grossmont College, El Cajon, California................. 200,000
Grover G. Dils Medical Center, Caliente, Nevada......... 500,000
Guthrie Corning Hospital, Corning, New York............. 500,000
H. Lee Moffit Cancer Center, Tower Project, Florida..... 600,000
Hackensack University Medical Center, Hackensack, New
Jersey.............................................. 150,000
Hamilton Community Health Network, Flint, Michigan...... 200,000
HARBOR Branch Oceanographic Institution, Fort Pierce,
Florida, for equipment.............................. 500,000
Harlem Hospital Center, New York City................... 400,000
Hartland Regional Community Foundation, St. Joseph,
Missouri, for emPower Plant program................. 200,000
Harts Health Clinic in Lincoln County, West Virginia.... 500,000
Haysi Medical Clinic, Virginia.......................... 300,000
Hazard Appalachian Regional Healthcare (ARH) Regional
Medical Center, Hazard, Kentucky.................... 1,000,000
HealthNet, Inc., Indianapolis, Indiana.................. 300,000
Heller School for Social Policy and Management, Brandeis
University, Waltham, Massachusetts.................. 900,000
Hi-Desert Medical Center, Joshua Tree, California....... 700,000
Hillcrest Health Care Center, Tulsa, Oklahoma........... 1,050,000
Holy Cross Hospital, Fort Lauderdale, Florida........... 500,000
Holy Name Hospital, Teaneck, New Jersey................. 200,000
Holyoke Hospital, Holyoke, Massachusetts................ 400,000
Hopeland Health Center, Dayton, Ohio.................... 600,000
Hospice & Palliative Care of Louisville, Louisville,
Kentucky............................................ 1,000,000
Hospice of Marshall County, Inc., Albertville, Alabama.. 1,000,000
Houston County Hospital, Crockett, Texas................ 550,000
Howard Center for Human Services, Burlington, VT........ 250,000
Hudson Headwaters Health Network, Glens Falls, New York. 300,000
Hudson Valley Hospital Center, Cortland Manor, New York. 500,000
Humboldt Senior Resource Center, Eureka, California..... 200,000
Hunterdon Healthcare System, Flemington, New Jersey, for
emergency room equipment............................ 100,000
Huntsman Cancer Institute of University of Utah, Salt
Lake City, UT....................................... 1,750,000
Idaho State University.................................. 400,000
Independence Square Foundation Building Expansion,
Kingston, RI........................................ 750,000
Indiana Genomics Initiative, Indiana University School
of Medicine, Indianapolis........................... 1,000,000
Indiana University Cancer Center, Indianapolis, Indiana,
to develop the Indiana University Center for Bone
Cancer Research..................................... 1,000,000
Institute for Research and Rehabilitation, Houston,
Texas............................................... 500,000
J. Joseph Moakley Medical Services Building, Boston
Medical Center, Boston, Massachusetts............... 2,800,000
J.P. Carr Human Services Complex, Rockdale County,
Georgia............................................. 500,000
Jackson Park Hospital Foundation, Chicago, Illinois..... 450,000
Jersey City Medical Center, Jersey City, New Jersey..... 600,000
Jersey Shore Hospital, Jersey Shore, Pennsylvania, for
medical equipment................................... 100,000
Joseph P. Addabbo Family Health Center, New York, New
York................................................ 500,000
Kansas City Area Life Sciences Institute, Kansas City,
Missouri............................................ 2,450,000
Kansas University Imaging Facilities for cellular and
molecular imaging................................... 1,000,000
Katy Hospital, Katy, Texas, for acquisition of radiology
and imaging equipment............................... 1,700,000
Kauai Community Health Center........................... 50,000
Kaukini Hospital (Hawaii) research facility............. 50,000
Kennedy Krieger Institute, Baltimore, Maryland.......... 750,000
Kent County Hospital, Warwick, Rhode Island............. 300,000
Kentucky Communities Economic Opportunity Council, Inc.,
Appalachian Regional Wellness Center, Barbourville,
Kentucky............................................ 800,000
Kings County Hospital Center, Brooklyn, New York........ 350,000
Klamath County Integrated Health Services Building,
Klamath County, Oregon.............................. 100,000
Lakeshore Foundation, Birmingham, Alabama............... 250,000
Lawrence General Hospital, Lawrence, Massachusetts...... 500,000
Lewistown Hospital, Lewistown, Pennsylvania, for medical
equipment........................................... 100,000
Lexington-Fayette County Health Department for purchase
of a Mammogram Machine and Professor and to purchase
Laboratory Information System Equipment............. 100,000
Life Line Pregnancy Care Center, Leesburg, Virginia, for
a sonogram machine to help single-mother pregnancies 50,000
LifeBridge Health, Baltimore, Maryland.................. 500,000
Lighthouse Health Access Alliance, Hyannis,
Massachusetts....................................... 500,000
Los Angeles City College, Los Angeles, California....... 240,000
Loudoun Healthcare, Inc., Leesburg, Virginia............ 400,000
Louisiana State University Health Sciences Center,
Shreveport, Louisiana, for renovation of Emergency
Care Center......................................... 166,000
Louisiana State University Health Sciences Center,
Shreveport, Louisiana, for Trauma Care Systems to
process crucial information about a patient's injury 166,000
Louisiana State University Stanley Scott Cancer Center.. 100,000
Lutheran Services of South Dakota for the Canyon Hills
Center in Spearfish, SD............................. 200,000
Malone College School of Nursing, Canton, Ohio.......... 1,000,000
Marcum Wallace Memorial Hospital, Irvine, Kentucky...... 1,000,000
Marcus Institute, Atlanta, Georgia...................... 650,000
Margaretville Memorial Hospital, Margaretville, New York 200,000
Maricopa Integrated Health System, Arizona.............. 350,000
Marklund Children's Home, West Chicago, Illinois........ 1,000,000
Marshall University Mid-Ohio Valley Center, Point
Pleasant, West Virginia............................. 250,000
Marshall University in West Virginia.................... 11,000,000
Mary McClellan Hospital, Inc., Cambridge, New York...... 575,000
Matthew Walker Comprehensive Health Center, Nashville,
Tennessee........................................... 450,000
Maui Community Health Center............................ 100,000
Medical College of Wisconsin, Milwaukee, Wisconsin...... 700,000
Medical University of South Carolina Oncology Center in
Charleston, SC...................................... 3,500,000
Memorial City Hospital, Houston, Texas.................. 700,000
Memorial Health University Medical Center, Savannah,
Georgia............................................. 700,000
Mental Health Association of Tarrant County, Ft. Worth,
Texas, to provide school-based mental health
education to schools in Tarrant County.............. 225,000
Mercy Health Partners, Toledo, Ohio..................... 650,000
Mercy Health Partners-Hamilton, Cincinnati, Ohio........ 750,000
Mercy Medical Center at Durango, Colorado............... 1,000,000
Mercy Medical Center, Des Moines, Iowa.................. 1,700,000
Metropolitan Education and Training Center, Wellston,
Missouri............................................ 500,000
Miami Children's Hospital Ambulatory Care Center, Miami,
Florida............................................. 267,000
Miami-Dade County, Florida, for the M.O.V.E.R.S. program 400,000
Middletown Regional Hospital Center, Middletown, Ohio... 750,000
Midwest Center for Rural Health, Terre Haute, Indiana... 700,000
Million Pines Family Health Center, Soperton, Georgia... 38,000
Milwaukee Center for Independence, Milwaukee, Wisconsin. 400,000
Miriam Hospital, Providence, Rhode Island............... 700,000
Mission St. Joseph's Health System, Asheville, North
Carolina, for Helicopter Ambulance program.......... 2,800,000
Mobile Medical Unit, Pinellas County Health Department,
Clearwater, Florida................................. 200,000
Model Cities Health Corporation, Kansas City, Missouri.. 250,000
Moneta Gardens Improvement, Inc., Hawthorne, California. 300,000
Morehouse School of Medicine, Atlanta, Georgia.......... 300,000
Morton Health Center (CHC), Oklahoma.................... 100,000
Moses Taylor Hospital, Scranton, Pennsylvania........... 350,000
Mount Sinai Maternal-Child Care Center, Mount Sinai
Hospital, New York, New York........................ 500,000
Mountainview Medical Center, Montana.................... 400,000
MultiDimensional Imaging, Inc., Newport Beach,
California.......................................... 1,250,000
Muskegon Community Health Project, Muskegon, Michigan... 400,000
National Jewish Medical and Research Center, Denver,
Colorado............................................ 1,000,000
National Nursing Centers Consortium, Philadelphia, PA... 100,000
Navidad Medical Center, Salinas, California............. 175,000
Neumann College, Aston, PA.............................. 50,000
Neumann Health and Wellness Center, PA.................. 100,000
Nevada Cancer Institute in Las Vegas, Nevada, for
preliminary work to establish a comprehensive cancer
treatment center in southern Nevada................. 900,000
New Britain General Hospital, New Britain, Connecticut,
for pyxis equipment................................. 500,000
New Horizon Youth Center, Bethesda, Ohio,............... 125,000
New York City Health and Hospitals Corporation, Elmhurst
Hospital Center..................................... 250,000
New York University Dental Clinics for the Underserved.. 250,000
New York University Medical Center for construction of a
vaccine lab......................................... 1,500,000
New York-Presbyterian Hospital for the Allen Pavilion... 900,000
Newton Regional Hospital, Newton, Mississippi........... 410,000
North Sunflower County Hospital, Ruleville, Mississippi. 150,000
Northeast Indiana Innovation Center Biomedical Research
Center, Fort Wayne, Indiana......................... 500,000
Northern Cochise Community Hospital, Willcox, Arizona... 500,000
Northwest Alabama Mental Health Center, Jasper, Alabama. 250,000
Northwest Human Services, West Salem Clinic, Salem,
Oregon.............................................. 450,000
Northwestern Medical Center, St. Albans, Vermont........ 65,000
Northwestern Memorial Hospital, Chicago, Illinois....... 1,125,000
Northwestern University's Center for Genomics and
Molecular Medicine, Evanston, Illinois.............. 600,000
NYU Downtown Hospital, New York, New York............... 500,000
Oakhurst Medical Centers, Stone Mountain, Georgia....... 500,000
Oakwood Healthcare System, Dearborn, Michigan........... 450,000
Ohio State University, Columbus, Ohio, Biomedical
Research and Education Center....................... 1,000,000
Oklahoma Medical Research Foundation to modernize
existing lab space, particularly labs for the
arthritis and immunology program that houses much of
the current research into Native American genetics.. 975,000
Operation Par, Inc., Pinellas Park, Florida, for an
Operation PAR Developmental Center and Therapeutic
Community........................................... 4,000,000
Orthopaedic Hospital of Los Angeles..................... 1,300,000
Our Lady of the Lake Regional Medical Center, Baton
Rouge, Louisiana.................................... 200,000
Palliative Care Center and Hospice of the North Shore,
Evanston, Illinois.................................. 300,000
Paradise Valley Hospital, National City, California..... 100,000
Peach County Hospital Authority, Fort Valley, Georgia... 50,000
Penn State Milton S. Hershey Medical Center, Hershey, PA 1,630,000
Philipsburg Hospital, Philipsburg, Pennsylvania, for
medical equipment................................... 100,000
Pinnacle Health, Harrisburg, PA......................... 250,000
Pioneer Valley Life Sciences Initiative joint venture
between the University of Massachusetts and Baystate
Medical Center...................................... 1,200,000
Placer County Children's Emergency Shelter, Auburn,
California.......................................... 900,000
Polk County Central 911 Dispatch Center, Bolivar,
Missouri, for computer aided dispatch software and
global positioning satellite........................ 150,000
Prentiss Regional Hospital, Prentiss, Mississippi....... 150,000
Preventive Medicine Research Institute, Sausalito,
California.......................................... 150,000
Proctor Hospital, Peoria, Illinois...................... 800,000
Puget Sound Blood Center, Seattle, Washington........... 400,000
Quinnipiac University, Hamden, Connecticut.............. 750,000
Rainbow Babies Center for Child Health, Cleveland, Ohio. 1,025,000
Rhode Island Hospital, Hasbro Children's Hospital,
Providence, Rhode Island............................ 1,000,000
Rhode Island Hospital, Providence, RI................... 500,000
Rochelle Healthcare Clinic, Rochelle, Georgia........... 50,000
Rock Island (IL) facility of Community Health Care,
Inc., Davenport, Iowa............................... 450,000
Rockford Health System (RHS), Rockford, Illinois........ 200,000
Rocking Horse Center, Springfield, Ohio................. 350,000
Rural Health Collaborative of Southern Ohio, Georgetown,
Ohio--Multi-Specialty Healthcare Treatment Center... 1,000,000
Rush-Copley Medical Center, Aurora, Illinois............ 1,000,000
Rush-Presbyterian Medical Center, Chicago, Illinois..... 525,000
Rutgers University Genetics Building.................... 800,000
Sacred Heart Hospital, Allentown, PA.................... 750,000
Sagninaw Chippewa Tribe of Michigan for the Victims of
Crime program....................................... 1,100,000
Saint Anne's Hospital, Fall River, Massachusetts........ 775,000
Salt Lake Donated Dental Services, Salt Lake City, Utah. 100,000
Samuel U. Rodgers Community Health Center, Kansas City,
Missouri, for its Lexington, Missouri, facility..... 1,100,000
Sandhills Medical Foundation, Jefferson, South Carolina,
for its McBee facility.............................. 600,000
Schenectady Family Health Services, Schenectady, New
York................................................ 500,000
Shamokin Area Community Hospital, Coal Township, PA..... 250,000
Shands Jacksonville Hospital, Jacksonville, Florida..... 1,000,000
Siouxland District Health............................... 800,000
Soldiers and Sailors Memorial Hospital, Wellsboro,
Pennsylvania, for medical equipment................. 100,000
South County Hospital, Wakefield, Rhode Island.......... 600,000
South Shore Hospital in Weymouth MA..................... 200,000
Southeast Hospital, Houston, Texas...................... 2,500,000
Southeast Missouri State University, Cape Girardeau,
Missouri............................................ 100,000
Southern Connecticut State University, New Haven,
Connecticut......................................... 800,000
Southern Illinois University School of Medicine,
Springfield, Illinois............................... 500,000
Springfield Regional Outpatient Cancer Center........... 325,000
St. Anthony Hospital, Oklahoma City, Oklahoma........... 200,000
St. Alphonsus Regional Medical Center, Boise, Idaho, St.
Benedict's Hospital, Jerome, Idaho.................. 405,000
St. Catherine College Allied Health and Science Complex,
Kentucky............................................ 500,000
St. Claire Medical Center, Inc., Morehead, Kentucky..... 150,000
St. John Bosco Clinic, Miami, Florida................... 233,000
St. Joseph Community Center, Lorain, Ohio............... 250,000
St. Joseph's Hospital and Medical Center, Paterson, New
Jersey.............................................. 200,000
St. Louis Childrens Hospital in Missouri for equipment
and technology for the Healthy Kids Express Mobile
Health Van Program.................................. 100,000
St. Luke's Hospital, Allentown, PA...................... 750,000
St. Luke's Regional Medical Center...................... 500,000
St. Mary's Hospital in Huntington, West Virginia........ 2,000,000
St. Mary's Hospital, Waterbury, Connecticut............. 750,000
St. Mary's Regional Medical Center, St. Mary,
Pennsylvania, for medical equipment................. 100,000
St. Petersburg College, Florida, for consortium dental
clinic equipment.................................... 500,000
St. Vincent Home for Children, Lansing, Michigan........ 500,000
State University of New York at Binghamton Protein
Dynamics Research Facility.......................... 200,000
State University of New York Upstate Medical University
& College of Environmental Science and Forestry, for
equipment and program costs......................... 725,000
State University of New York Upstate Medical University,
for equipment costs of the Institute for
Cardiovascular Research and Biotechnology Core
Facilities Enhancement Package...................... 325,000
Steele Memorial Hospital Foundation..................... 50,000
Stevens Foundation for Developmental and Erichment
Services, Inc., Sanford, North Carolina............. 400,000
Summa Health System, Akron, Ohio,....................... 500,000
Syracuse Community Health Center, Syracuse, New York.... 475,000
Tattnall Community Hospital, Reidsville, Georgia........ 62,000
Taylor Telfair Regional Hospital, McRae, Georgia........ 50,000
Temple University Hospital and Health System,
Philadelphia, Pennsylvania.......................... 200,000
Tennessee Technological University, Cookeville, TN...... 1,100,000
Texas for the Border Health Medical Complex, City of El
Paso................................................ 750,000
Texas Tech University Health Sciences Center, Lubbock,
Texas, for Wellness Center.......................... 900,000
Texas Tech University's Center for Biological and
Geographical Information Systems, Lubbock, Texas,
for the purchase of medical-related research
equipment........................................... 225,000
The New York Academy of Medicine, New York.............. 100,000
Thomas Jefferson University, Philadelphia, PA, to
purchase a 3.0 Tesla full body MRI system........... 1,130,000
Tom Ridge Public Health and Safety Building at
Mercyhurst College, Erie, Pennsylvania.............. 400,000
Touro University College of Osteopathic Medicine,
Vallejo, California................................. 550,000
Travelers Aid of Rhode Island, Providence, Rhode Island. 750,000
Tri-County Community Dental Clinic in Appleton,
Wisconsin........................................... 330,000
Trousdale Medical Center, Hartsville, Tennessee......... 400,000
Truman Medical Center, Missouri......................... 1,000,000
Tyler Memorial Hospital, Tunkhannock, Pennsylvania, for
equipment........................................... 450,000
UMDNJ--Robert Wood Johnson Medical School, Child Health
Institute of New Jersey, New Brunswick, New Jersey.. 250,000
University Medical Center in Las Vegas, Nevada, for the
Neonatal ICU and Women's Service Area............... 300,000
University Medical Center, Tucson, Arizona.............. 800,000
University of Alabama, Birmingham, Interdisciplinary
Biomedical Research Institute....................... 10,000,000
University of Arizona Institute for Biomedical Science
and Biotechnology, Tucson, Arizona.................. 700,000
University of Arizona, Tucson, Arizona, for Bioscience
and Biomedicine Institute International Genomics
Consortium.......................................... 1,500,000
University of California, San Diego, to purchase and
install new angiography equipment in a new
interventional radiology unit....................... 100,000
University of Cincinnati Medical Center, Cincinnati,
Ohio................................................ 1,000,000
University of Illinois College of Medicine, Rockford,
Illinois............................................ 1,500,000
University of Louisiana at Monroe College of Health
Sciences............................................ 500,000
University of Louisville Research Foundation, Kentucky,
to the Center for Oral Health and Systemic Disease.. 700,000
University of Louisville's Cardiac Innovation Institute
for equipment....................................... 1,200,000
University of Louisville's Science and Technology
Research Center, Kentucky........................... 1,700,000
University of Maryland School of Pharmacy, Baltimore.... 350,000
University of Mississippi in Jackson, Mississippi....... 4,000,000
University of Mississippi in Oxford..................... 950,000
University of Mississippi Medical Center, Jackson,
Mississippi......................................... 3,000,000
University of Nebraska Medical Center................... 2,000,000
University of Nebraska Medical Center, Omaha, Nebraska,
to enhance distance-learning facilities that train
nurses in rural areas............................... 500,000
University of New Mexico Health Sciences Center
Education building.................................. 2,000,000
University of North Texas Health Science Center, Fort
Worth, Texas, for CAT Scan machine.................. 800,000
University of Pennsylvania, Philadelphia, PA............ 1,630,000
University of Pittsburgh Medical Center, Pittsburgh,
Pennsylvania........................................ 1,630,000
University of Pittsburgh School of Medicine, PA, for
Mobilization for Autism initiative.................. 250,000
University of Pittsburgh, McGowan Institute for
Regenerative Medicine, Pittsburgh, PA............... 1,780,000
University of San Diego, Hahn School of Nursing, San
Diego, California................................... 200,000
University of South Alabama Gulf Coast Cancer Center and
Research Institute.................................. 3,500,000
University of South Dakota School of Medicine in
Vermillion, SD...................................... 500,000
University of South Florida Center for Biological
Defense, Tampa, Florida............................. 5,000,000
University of South Florida Health Sciences Center and
College of Medicine, Tampa, Florida................. 3,000,000
University of Tennessee Graduate School of Computational
Engineering, Chattanooga, Tennessee, for SimCenter
project to perform simulations to study ocean/
atmospheric issues associated with global climate... 500,000
University of Tennessee Medical Center, Knoxville, TN... 1,000,000
University of Texas Health Center at Tyler, Texas....... 200,000
University of Texas M.D. Anderson Cancer Center,
Houston, Texas...................................... 2,000,000
University of Texas Southwestern Medical Center and UT
Dallas, for sickle cell disease..................... 400,000
University of Texas Southwestern Medical School, for
FMRI................................................ 450,000
University of Texas Southwestern Medical School, for the
stroke center....................................... 1,250,000
University of Washington Life Sciences Research
facility, Seattle, WA............................... 3,500,000
University of Wisconsin-Milwaukee Institute for Urban
Health Partnerships................................. 250,000
Vanderbilt Children's Hospital, Nashville, TN........... 1,000,000
Veterans New Jersey Health Care Systems, Morris Township 250,000
Visiting Nurse Association of Fox Valley, Aurora,
Illinois............................................ 550,000
Visiting Nurses Association Care Watch Program,
Cleveland, Ohio, to purchase equipment.............. 405,000
W.A. Foote Memorial Hospital, Jackson, Michigan......... 500,000
Wake Forest Comprehensive Cancer Center, Winston-Salem,
North Carolina...................................... 500,000
Walden House, San Francisco, California................. 400,000
Wendell Foster's Campus for Developmental Disabilities,
Owensboro, Kentucky................................. 500,000
West Virginia School of Osteopathic Medicine for the
Robert C. Byrd Clinic............................... 2,750,000
West Virginia University School of Medicine............. 3,000,000
Western Michigan University, Kalamazoo, Michigan, to
establish a distance learning facility at WMU's
Center for Occupational Therapy, Physician
Assistants Program, Nursing and Speech Pathology and
Audiology........................................... 500,000
Wexner Heritage Village, Columbus, Ohio................. 200,000
White River Medical Center, Batesville, Arkansas........ 500,000
Whitman-Walker Clinic, Inc., Washington, DC............. 350,000
Wills Eye Hospital, Philadelphia, PA.................... 1,100,000
Windber Research Institute, Johnstown, Pennsylvania..... 250,000
Wyoming Valley Health Care System, Wilkes-Barre,
Pennsylvania........................................ 300,000
Yeshiva University, Albert Einstein School of Medicine,
New York, New York.................................. 1,200,000
YMCA of Western Stark County, Massillon, Ohio, for
Emergency Health Facility........................... 2,000,000
Zucker Hillside Hospital of North Shore Long Island
Jewish Health System, Queens, New York.............. 450,000
Albert Einstein Healthcare Network, Philadelphia,
Pennsylvania........................................ 1,630,000
Allegheny General Hospital, Pittsburgh, PA, for purchase
of equipment to expand the Genomic Sciences at the
Allegheny Singer Research Institute................. 1,630,000
Carnegie Mellon University, Pittsburgh, PA.............. 1,630,000
Children's Hospital of Philadelphia, Philadelphia, PA,
for equipment....................................... 500,000
Children's Hospital of Pittsburgh, Pittsburgh, PA....... 500,000
Crozer-Keystone Health System, Springfield, PA.......... 100,000
Ephrata Community Hospital, Ephrata, PA, for equipment.. 200,000
Fox Chase Cancer Center, for construction of a Laser
Accelerated Proton Facility & a cyberknife
radiosurgery system................................. 1,630,000
Lehigh Valley Hospital & Health Network, PA............. 750,000
Magee-Womens Hospital and Research Institute,
Pittsburgh, PA...................................... 1,630,000
Main Line Health--Jefferson Health System, PA........... 500,000
Nazareth Hospital, Philadelphia, PA..................... 250,000
Philadelphia College of Osteopathic Medicine,
Philadelphia, PA.................................... 200,000
The conference agreement includes bill language to limit
the amount available for Federal tort claims within community
health centers funding to not more than $40,000,000 instead of
$25,000,000 proposed by H.R. 246 and $50,000,000 as proposed by
the Senate.
The conference agreement includes bill language
identifying $275,138,000 for family planning instead of
$265,275,000 as proposed by H.R. 246 and $285,000,000 as
proposed by the Senate.
The conference agreement includes $1,514,651,000 for
community health centers instead of $1,533,570,000 as proposed
by the Senate and $1,457,864,000 as proposed by H.R. 246. The
conferees concur withlanguage contained in the Senate
explanatory statement that not less than $9,000,000 be provided for
Native Hawaiian health care activities.
The conferees have provided an increase above the request
for community health centers in order to continue the
initiative to add health center sites and expand services while
also allowing increased grant support to existing centers for
economic stabilization and to offset the rising cost of current
services. While many health centers may be very efficient
providers of services, they are not immune from the cost
increases faced by all health care providers. Further, health
centers are facing additional cost pressures as a result of the
rising number of people without health insurance. For these
reasons, the conferees expect HRSA to use a portion of the
increased funding to increase basic support for existing health
centers based on performance-related criteria, in addition to
site and service expansion applications.
The conferees direct HRSA to provide a report to the
House and Senate Committees on Appropriations no later than
September 30, 2003 regarding the methodology used in
distributing fiscal year 2003 health center appropriations and
the methodology intended to be used in fiscal year 2004,
including the actual and intended division of funds among new
or expanded sites, service expansions, and adjustments to help
cover the increased cost of ongoing services, as well as the
formula or other methodology used in allocating the portion
intended to help cover increased costs.
The conference agreement includes $46,249,000 for the
national health service corps field placements instead of
$46,000,000 as proposed by H.R. 246 and $46,498,000 as proposed
by the Senate. The conferees support the Student Resident
Experiences and Rotations in Community Health (SEARCH) program
within the national health service corps and intend that HRSA
continue this program in fiscal year 2003.
The conference agreement includes $125,959,000 for
national health service corps recruitment instead of
$109,000,000 as proposed by H.R. 246 and $142,918,000 as
proposed by the Senate. The conferees intend that $3,000,000 of
this amount be designated for the chiropractic program
authorized under section 338L of the Public Health Service Act.
The conference agreement includes $423,961,000 for health
professions instead of $392,582,000 as proposed by H.R. 246 and
$424,066,000 as proposed by the Senate.
The conferees intend that the graduate psychology
education program be continued within the funds provided for
allied health and other disciplines, and that a geropsychology
graduate training program be established within allied health.
The conferees provide $28,000,000 for geriatrics
education. Within the total provided, $16,800,000 is directed
to geriatric education centers, $6,500,000 is designated for
geriatric training programs, and $4,700,000 is directed to
geriatric academic career awards.
The conferees agree with the Senate explanatory statement
directing HRSA to fund training components of chiropractic
demonstration grants.
Within the funding for health professions training, the
conference agreement provides $113,502,000 for nurse training
programs instead of $98,502,000 proposed by H.R. 246 and
$118,502,000 proposed by the Senate. The conferees have
appropriated funding to establish programs authorized under the
Nurse Reinvestment Act (P.L. 107-205), renamed existing line
items to reflect these new authorities, and added new line
items to fund these programs. The conferees have relabeled
``Basic Nurse Education and Practice'' the ``Nurse Education,
Practice, and Retention Grants'' and relabeled the ``Loan
Repayment Program'' the ``Loan Repayment and Scholarship
Program'' to reflect the additional authorities provided under
Sections 831 and 846, respectively, of the Public Health
Service Act as modified by P.L. 107-205. In using the increase
in funding provided above the fiscal year 2002 level, the
conferees expect HRSA to give preference in funding to
internship and residency programs (Sec. 831(a)(2)), career
ladder programs (Sec. 831(c)(1)), and enhancing patient care
delivery systems (Sec. 831(c)(2)) as required under Sec. 831(e)
of the PHSA. The conferees have provided funding for
scholarships (Sec. 846 (d)) for nursing students in exchange
for service as a nurse for at least two years at a health care
facility with a critical shortage of nurses. The conferees have
also appropriated funding to establish the Nurse Faculty Loan
Program and Comprehensive Geriatric Education, Sections 846A
and 855 of the PHSA. The Nurse Faculty Loan Program will help
increase the number of faculty at schools of nursing.
Comprehensive Geriatric Education will train and educate
individuals in providing geriatric care for the elderly. The
conferees intend that nurse loan repayment funding should be
directed to high priority urban and rural areas with severe
nursing shortages.
The conference agreement does not include funding within
HRSA for the Healthy Communities initiative. H.R. 246 proposed
$10,000,000 for the program and the Senate proposed
$20,000,000. Additional funds have been provided to the Centers
for Disease Control and Prevention for this purpose.
The conference agreement includes $734,741,000 for the
maternal and child health block grant instead of $726,931,000
as proposed by H.R. 246 and $741,531,000 as proposed by the
Senate.
The conference agreement includes bill language
designating $115,900,000 of the funds provided for the block
grant for special projects of regional and national
significance (SPRANS). Neither H.R. 246 nor the Senate bill
earmarked funds for this purpose. It is intended that
$4,000,000 of the SPRANS amount will be used to continue the
sickle cell newborn screening program and its locally based
outreach and counseling efforts. In addition, $5,000,000 of the
SPRANS amount will be used for oral health demonstration
programs and activities in the States as described in the
Senate explanatory statement, $500,000 will be used for the
city of Milwaukee Health Department for a pilot program
providing health services to at-risk children in day care, and
$10,000 will be used for the Dane County Neighborhood Child
Health Clinic in Madison, Wisconsin to provide child dental
services.
The conference agreement includes bill language
identifying $55,000,000 for abstinence education instead of
$60,000,000 as proposed by H.R. 246 and $40,000,000 as proposed
by the Senate.
The conferees note that abstinence messages to a group of
youth by a grantee should not be diluted by any instructor or
materials from the same grantee. Adolescents should not be
discouraged from seeking health information or services. HHS
should not preclude entities who are teaching abstinence-only
classes and who have a public health mandate from discussing
other forms of sexual conduct or providing services, as long as
this is conducted in a different setting from the abstinence-
only course. In allocating grant funds, HRSA should give
priority to those organizations that have a strong record of
support of abstinence education as defined in sections (a)
through (h) of Title 5, section 510(b)(2) of the Social
Security Act.
The conference agreement includes $98,989,000 for healthy
start as proposed by the Senate instead of $94,811,000 as
proposed by H.R. 246.
The conferees recognize the life-saving success of the
National Marrow Donor Program. In light of the new nuclear and
chemical threats facing the country, the conferees encourage
the National Marrow Donor Program to increase its public health
preparedness efforts by developing and maintaining a national
emergency response plan to ensure an adequate supply of needed
marrow and blood stem cells. The conferees also support the
National Marrow Donor Program's efforts to expand the sources
of blood stem cells through its work on a cord blood bank
initiative. The conferees encourage the NMDP to focus on the
following areas: (1) recruitment of donors, with an emphasis on
minority donors; (2) enhancement of cord blood banks through
increased recruitment efforts,research, and other cord blood
bank support; and (3) expansion of the NMDP's role in research related
to improving outcomes of patients who receive bone marrow transplants.
The conference agreement includes $58,500,000 for rural
health outreach grants instead of $38,385,000 as proposed by
H.R. 246 and $51,472,000 as proposed by the Senate. The
conference agreement includes the following amounts for the
following projects and activities in fiscal year 2003:
Aberdeen Area Tribal Chairman's Health Board in
Aberdeen, SD, to support the Northern Plains Healthy
Start Project....................................... $750,000
Alaska Department of Health and Social Services Program
to Reduce High Anemia rate in children in the Yukon
Kuskokwin Delta and the Bristol Bay region.......... 400,000
Alaska Family Practice Residency Program to support
additional medical residents in Alaska to provide
services for underserved populations................ 500,000
Bannock County Regional Medical Center, Pocatello,
Idaho, to purchase Mammography Unit and provide
mobile mammography screening to the rural areas of
Southeast Idaho..................................... 400,000
Center for Acadiana Genetics and Hereditary Health Care
for continue and expand the development of the
center.............................................. 550,000
College of Saint Mary for education, recruitment and
retention of nurses in rural communities............ 250,000
Commun-I-Care in Columbia, SC to support a program that
distributes prescription drugs to low income,
uninsured South Carolinians......................... 300,000
Community Health Works in Forsyth Georgia, to expand
services and information technology systems......... 50,000
Cooperative Education Service Agency No. 11 in Turtle
Lake, Wisconsin for a dental program................ 750,000
Delta Health Alliance in Mississippi for a multi-
university partnership to address delta health
problems............................................ 1,200,000
Eastern Maine Healthcare, Rural Maine Health Improvement
Demonstration Program to address the inconsistencies
in the current rural health care delivery system.... 250,000
Eastern Oregon University Rural Frontier Delivery
Healthcare Education Program for innovative nurse
training............................................ 250,000
Ellen Stephen Hospice in Kyle, South Dakota to provide
healthcare services to people in rural areas of
South Dakota........................................ 100,000
Full Circle Women's Health in Madison, Florida, for a
project to improve pregnancy care................... 95,000
Georgia Southern University, Statesboro, Georgia, for
rural healthcare delivery services and nurse
training/education and distance learning for
students and healthcare professionals............... 300,000
Good Samaritan Regional Medical Center, Pottsville, PA,
to establish the Schuylkill County Rural Health
Consortium.......................................... 250,000
Grace Medical Clinic in Mayfield, Kentucky for wellness
programs............................................ 100,000
Harrison Community Hospital, Cadiz, Ohio, for on-going
delivery of healthcare to rural economically
distressed women, children and men.................. 125,000
Idaho Children's Health Initiative...................... 500,000
Marquette University to provide dental care to
underserved communities through mobile dental
clinics............................................. 350,000
Marshall University for the West Virginia Children's
Health Project...................................... 500,000
Menominee Indian Tribe of Wisconsin, Keshena, Wisconsin
to provide critical prenatal care to pregnant women. 80,000
Mercy Housing, Inc. in Denver, Colorado to provide
health care in coordination with affordable housing
for low income families, seniors, and individuals
with disabilities................................... 300,000
Millinocket Regional Hospital in Millinocket, Maine, for
a project to provide health care for the uninsured
and underinsured population of eastern Maine........ 900,000
New Mexico-Hawaii telehealth project in remote and rural
areas--Telehealth Outreach for Unified Community
Health (TOUCH)...................................... 1,000,000
Ohio University in Athens, Ohio, for its Appalachian
Rural Health Institute.............................. 500,000
Oregon Center for Nursing for innovative nurse training. 235,000
Our Lady of Bellefonte Hospital Foundation in Ashland,
Kentucky for its community wellness mobile clinic... 350,000
Phoenix Children's Health Project in Arizona to address
the health needs of extremely vulnerable homeless
and runaway youth in underserved rural and urban
areas............................................... 350,000
Pittsburgh Mercy Health System, Pittsburgh, PA, for
health outreach and education....................... 200,000
Porcupine Clinic in Porcupine, SD to provide healthcare
services to people in rural areas of South Dakota... 250,000
Progressive Family Services Health Center in Canton,
Mississippi......................................... 100,000
Sioux City Community Health Center, Iowa, to establish a
mobile health clinic................................ 300,000
Smith Township Volunteer Fire Department, Jacobsburg,
Ohio, for all purpose emergency response vehicle and
rescue trailer for use in providing emergency
medical services in inaccessible rural areas........ 15,000
St. Luke's Free Clinic in Kentucky to improve health
care access for underserved populations............. 200,000
The Children's Health Fund, New York, New York, to
improve access to health care for many of
Pennsylvania's underserved children................. 165,000
University of Alabama at Birmingham Oral Health
Initiative.......................................... 300,000
University of Alabama Capstone Nursing School to improve
the quality of primary care in rural Alabama........ 150,000
University of Alaska Fairbanks Development of Research
and Evaluation agenda for health care delivery...... 850,000
University of Alaska-Anchorage to recruit and retain
Alaska Natives as nurses............................ 500,000
University of North Carolina at Wilmington School of
Nursing, for its Bolton, North Carolina, primary
health care facility................................ 400,000
University of North Dakota School of Medicine to support
its rural health program in preventative medicine
and behavioral sciences............................. 1,100,000
University of Pennsylvania School of Dental Medicine,
Philadelphia, PA, for its minority outreach oral
health initiative................................... 200,000
University of Southern Mississippi Center for
Sustainable Health Outreach......................... 500,000
University of Washington, School of Medicine, Seattle,
Washington, for WWAMI Demonstration/Assistance Rural
Training project.................................... 500,000
Wagner-Lake Andes Ambulance District in Wagner, SD, to
provide emergency health services to people in rural
areas of South Dakota............................... 100,000
Waimanalo Community Health Center American Samoan
outreach............................................ 200,000
Washington Health Foundation, Seattle, Washington, for a
Rural Hospital Quality Network project.............. 100,000
Weber State University in Utah to prepare nurses for
providing care in rural settings.................... 500,000
West Virginia University Center for Rural Emergency
Medicine for the Injury Control Training and
Demonstration Center................................ 1,200,000
Western Kentucky University's Mobile Health Screening
Program............................................. 400,000
U.S. and Developing Country Medical Centers Program for
the linking of U.S. academic medical centers with
developing country medical centers to facilitate
mutual capacity building through the exchange of
clinicians between the two institutions so that care
providers in the developing world can learn, first
hand, from those in the U.S. who are most
experienced in AIDS care............................ 200,000
The conferees continue to be concerned about the health
care needs of those in the Mississippi River Delta region. The
conferees provide $6,800,000 for rural health outreach to
continue the ongoing initiative in eight States. These grants
provide funding and technical assistance to help underserved
rural communities identify and better address their health care
needs and to help small rural hospitals improve their financial
and operational performance. The conferees further recommend
that HRSA consult with the Delta Regional Authority and the
Delta Health Alliance, given their ongoing relationships with
communities in the Delta.
The conference agreement provides $10,700,000 for rural
health research instead of $16,808,000 as proposed by the
Senate and $9,190,000 as proposed by H.R. 246.
The conferees include the following amounts for the
following projects and activities in fiscal year 2003:
Mercer University Health Sciences Center in Macon,
Georgia for a rural health care task force.......... $50,000
University of North Dakota School of Medicine and Health
Sciences in Grand Forks, North Dakota for its rural
health program in preventative medicine and
behavioral sciences................................. 350,000
University of Pittsburgh Bradford Center for Rural
Health, Bradford, Pennsylvania...................... 300,000
The conference agreement includes $27,062,000 for
telehealth instead of $4,000,000 as proposed by H.R. 246 and
$39,192,000 as proposed by the Senate.
The conferees include the following amounts for the
following projects and activities in fiscal year 2003:
Advanced Technology Institute, North Charleston, South
Carolina, Telehealth Deployment Center.............. $416,000
Alaska Federal Health Care Access Network Telemedicine
Project............................................. 100,000
Banner Health System Telemedicine Program for equipment
and infrastructure for telemedicine program to help
provide care to rural and underserved areas in
Arizona, Colorado, and Alaska....................... 250,000
Baycare Health Systems, Clearwater, Florida, for a
Medical Information Systems Initiative.............. 1,000,000
Beaufort-Jasper-Hampton Comprehensive Health Services
for a telehealth program to investigate techniques
to prevent prostate cancer.......................... 700,000
Burlington Community Health Care in Burlington, Vermont
for new technology infrastructure to reduce medical
errors.............................................. 500,000
CareOregon, Oregon Community Health Information Network,
for the implementation of Electronic Medical Record
software for safety net and community clinics....... 75,000
Case Western Reserve University, Cleveland, Ohio, for a
Netwellness program................................. 750,000
Children's Hospital and Regional Medical Center,
Seattle, for implementation of the Children's Health
Access Regional Telemedicine Network................ 500,000
Cook Children's Medical Center in Fort Worth, Texas for
a rural specialty health telemedicine initiative.... 500,000
Foundation for eHealth Initiative, Washington, DC, for
demonstration on electronic medical data interchange
and sharing to support improve regional healthcare
delivery............................................ 4,000,000
Geisinger Health System, Harrisburg, PA, for the Rural
PA Stroke Care Partnership.......................... 1,630,000
Idaho State University for expansion of the telehealth
integrated care center.............................. 1,500,000
Iowa Telecare Consortium to develop a disease management
demonstration project in Iowa....................... 600,000
James Whitcomb Riley Hospital for Children Telemedicine
Program, Indianapolis, Indiana...................... 500,000
La Crosse Medical Health Science Consortium in Racine,
Wisconsin to establish virtual health centers in
eight counties...................................... 350,000
Lake Charles Memorial Hospital, Lake Charles, Louisiana,
Community Hospital Telehealth Consortium............ 450,000
Massachusetts College of Pharmacy and Health Sciences
for telehealth programs at its Worcester campus
Health and Education Resource Center................ 450,000
Midwest Rural Telemedicine Consortium, Mason City, Iowa. 700,000
Minot State University in West Minot, North Dakota for a
project using telehealth technologies for hearing
assessment and hearing loss rehabilitation.......... 150,000
Montefiore Medical Center, Bronx, New York, and the
Children's Hospital at Montefiore's Clinical
Information System to complete a Clinical
Information System.................................. 200,000
New York-Presbyterian Hospital in New York City for its
Community Hospital of the 21st Century medical
informatics technology demonstration project........ 500,000
North Dakota State University College of Pharmacy in
Fargo, North Dakota to field test telepharmacy
technology in several rural pharmacy locations...... 600,000
North Idaho Rural Telehealth Program.................... 650,000
Northwest Area Center for Studies on Aging in Billings,
Montana............................................. 750,000
Oklahoma State Department of Health, Oklahoma City,
Oklahoma, for a Mississippi-Oklahoma Rural
Telemedicine Initiative............................. 500,000
Pennsylvania Homecare Association in conjunction with
the Pennsylvania State University for telehomecare,
PA.................................................. 250,000
Primary Care Association of Hawaii Telehealth and
Outreach............................................ 400,000
South Alabama Telemedicine Project to create enhanced
connectivity between rural emergency departments and
the University of South Alabama Medical Center...... 300,000
St. Elizabeth Hospital Community Foundation in Appleton,
Wisconsin for telemedicine equipment to provide
medical care to underserved patients in northeastern
Wisconsin........................................... 100,000
St. Vincent Healthcare in Billings, Montana to expand
the regional video telecommunications network for
healthcare providers................................ 700,000
Susquehanna Health System, Williamsport, PA for
Electronic Medical Information and Physician Access. 500,000
University at Buffalo and State University of New York,
Buffalo, Erie County, New York, for Buffalo Center
of Excellence in Bioinformatics..................... 1,000,000
University of Colorado Health Sciences Center, Denver,
Colorado, for American Telehealth Center to expand
curricular content, in terms of healthcare
workforce-related topics, personnel and equipment... 666,000
University of South Alabama Office of Emerging
Technologies in Mobile, Alabama for home based
telehealth disease management tools and telemedicine
applications........................................ 200,000
University of Texas Medical Branch in Galveston, Texas
for its telehealth resource center.................. 500,000
Visiting Nurse Association of Houston in Houston, Texas
for study of clinical outcomes and health care costs
among congestive heart failure patients who are
monitored through home telemonitoring............... 125,000
The conference agreement provides $8,500,000 for State
offices of rural health instead of $10,000,000 as proposed by
the Senate and $4,000,000 as proposed by H.R. 246.
The conference agreement includes $27,500,000 for the
Denali Commission instead of $30,000,000 as proposed by the
Senate. H.R. 246 contained no similar provision. The conferees
reinforce language in the Senate explanatory statement
indicating that the Denali Commission should allocate funds to
a mix of service facilities.
The conference agreement includes $19,500,000 for
emergency medical services for children instead of $18,000,000
as proposed by H.R. 246 and $20,000,000 as proposed by the
Senate.
The conference agreement includes $22,500,000 for poison
control instead of $20,000,000 as proposed by H.R. 246 and
$24,000,000 as proposed by the Senate.
The conference agreement includes $9,500,000 for
traumatic brain injury instead of $10,000,000 as proposed by
H.R. 246 and $9,000,000 as proposed by the Senate.
The conference agreement includes $3,499,000 for trauma
care instead of $5,000,000 as proposed by the Senate. H.R. 246
contained no similar provision.
The conference agreement includes a total of
$2,031,005,000 for Ryan White programs, of which $25,000,000 is
provided through the evaluation set-aside, instead of
$1,930,204,000 as proposed by H.R. 246 and $2,051,295,000 as
proposed by the Senate. Included in this amount is $622,741,000
for emergency assistance, $1,060,285,000 for comprehensive
care, $199,672,000 for early intervention, $74,032,000 for
women, infants, children, and youth, $13,493,000 for dental
services, and $35,782,000 for education and training centers.
The conference agreement includes bill language
identifying $719,000,000 for the Ryan White Title II State AIDS
drug assistance programs instead of $659,000,000 as proposed by
H.R. 246 and $739,000,000 as proposed by the Senate. The
conference agreement also includes bill language making
available $25,000,000 under section 241 of the Public Health
Service Act to carry out Ryan White Special Projects of
National Significance as proposed by the Senate. H.R. 246 had
no similar provision.
The conferees intend that at least 90 percent of total
title IV funding be provided to grantees. With the exception of
funds provided through the Minority HIV/AIDS Initiative, the
conferees expect the funding increase to be used primarily to
support maintenance of existing care services because of the
rising costs of providing comprehensive care and the
implementation of quality management programs. The conferees
intend that HRSA use a significant portion of the remaining
funds to expand comprehensive services for youth. The conferees
are pleased by current efforts to facilitate ongoing
communication with and among grantees about the administration
of title IV programs and expect the agency to expand these
efforts. The conferees request the agency to work with grantees
to develop effective title IV-specific site visit
methodologies.
Some 5 percent of the funds appropriated under this
section may be used to provide peer-based technical assistance.
Within this amount, sufficient funds are available to maintain
and expand work being done to create a national consumer and
provider education center on the use of various strategies in
the care of children, youth, women and families infected with
or affected by HIV and AIDS.
Within the total provided, $131,200,000 is for Ryan White
AIDS activities that are targeted to address the growing HIV/
AIDS epidemic and its disproportionate impact upon communities
of color, including African Americans, Latinos, Native
Americans, Asian Americans, Native Hawaiians, and Pacific
Islanders. The conferees expect HRSA to follow the fiscal year
2002 House report regarding the disbursement of these funds.
Consistent with this overall direction, these funds are
allocated as follows:
Emergency assistance--Within the total provided,
$43,800,000 is for competitive, supplemental grants to improve
the HIV-related health outcomes for communities of color and
reduce existing health disparities.
Comprehensive care programs--Within the total provided,
$7,000,000 is for State HIV care grants to support educational
and outreach services to increase the number of eligible
minorities who access HIV/AIDS treatment through AIDS Drug
Assistance Programs (ADAP).
Early intervention program--Within the total provided,
$53,400,000 is for planning grants and Early Intervention
Service (EIS) grants to health care providers with history of
serving communities of color.
Pediatric demonstrations--Within the total provided,
$18,500,000 is to sustain and expand efforts to deliver
comprehensive, culturally competent and linguistically
appropriate research-based intervention and HIV care services
to minority women, infants, and children.
Education and training centers--Within the total
provided, $8,500,000 is to increase the training capacity of
centers to expand the number of community-based minority health
care professionals with treatment expertise and knowledge about
the most appropriate standards of HIV/AIDS-related treatments
and medical care for HIV infected adults, adolescents and
children.
The conference agreement provides $292,000,000 for
children's hospitals graduate medical education as proposed by
H.R. 246 instead of $285,000,000 as proposed by the Senate.
The conference agreement includes $120,000,000 for the
community access program as proposed by H.R. 246 instead of
$120,027,000 as proposed by the Senate. Within the total
provided, $105,000,000 is for grants to develop and expand
integrated systems of care and address service gaps within such
integrated systems. The conferees intend to permit these funds
to be available both for new Healthy Communities Access Program
grants under the new section 340 of the Public Health Service
Act, as well as renewal (to the extent appropriate based on
programmatic considerations) of grants initially made during
fiscal years 2000 through 2002 under section 301 demonstration
authority and guidance contained in previous appropriations
conference reports. Within the total provided, the remaining
$15,000,000 is to continue the initiative to assist States to
identify the characteristics of the uninsured within the State
and develop approaches for providing all uninsured persons with
health coverage. The conferees intend these funds to be
available to provide additional grants to States that have
previously received planning grants in order to assist such
States in continuing their data gathering, analysis and
planning processes, as well as to provide initial grants to
additional States as appropriate.
The conference agreement includes $156,562,000 for
program management instead of $149,294,000 as proposed by H.R.
246 and $143,354,000 as proposed by the Senate. The conferees
expect HRSA to use no more than one percent of the funds
allocated for projects for agency administrative expenses.
The conferees are concerned that planned efforts to
restructure HRSA programs and grants management functions could
have a negative effect on many HRSA grantees. The
centralization of grant decision-making, coupled with the
changing roles of staff in HRSA's field offices, could
significantly diminish the institutional knowledge and
expertise in community-based health care that is crucial to
leading HRSA forward during this importantperiod. Further,
contemplated changes in the role of a project officer to reduce
technical assistance functions in favor of increased focus on grantee
performance reviews may serve to undermine the development and
functioning of HRSA funded programs and is of great concern to the
conferees. The conferees recommend that these changes not be undertaken
until they can work with all stakeholders, including Congress, to show
that they will not reduce the level and scope of assistance provided to
grantees.
The conferees include the following amounts for the
following projects and activities in fiscal year 2003:
Catholic Social Services, The Bridge, Wilkes Barre, PA,
for abstinence education and related services....... $46,000
CentraCare Health Foundation for administration, St.
Cloud, Minnesota, to increase the ability of
educational institutions to produce nurses in a
region with high demand............................. 500,000
Chester County Health Department, Chester County
Government Services Center, West Chester, for
abstinence education and related services........... 41,000
City of Chester, Bureau of Health, SABER Project,
Chester, PA, for abstinence education and related
services............................................ 105,000
George Washington Carver Community Center, Project
A.C.E., Norristown, PA, for abstinence education and
related services.................................... 86,000
Heart Beat, New Bloomfield, PA, for abstinence education
and related services................................ 51,000
Keystone Central School District, Central Mountain
Middle School East, Lock Haven, PA, for abstinence
education and related services...................... 79,000
Keystone Economic Development Corporation, Johnstown,
PA, for abstinence education and related services... 88,000
L.V.C.P.T.P., St Luke's Health Network, CHOICE program,
Bethlehem, PA, for abstinence education and related
services............................................ 92,000
Lackawanna Trail School District, Factoryville, PA, for
abstinence education and related services........... 74,000
LaSalle University, Philadelphia PA, for abstinence
education and related services...................... 112,000
Mercy Hospital of Pittsburgh, Pittsburgh, PA, for
abstinence education and related services........... 111,000
Neighborhood United Against Drugs, Philadelphia, PA, for
abstinence education and related services........... 136,000
New Brighton School District, New Brighton, PA, for
abstinence education and related services........... 23,000
Northeastern Ohio Universities College of Medicine,
Rootstown, Ohio, for the Center for Leadership in
Public Health and Community Medicine................ 1,250,000
Nueva Esperanza, Philadelphia, PA, for abstinence
education and related services...................... 72,000
Partners in Family and Community Development, Athens,
PA, for abstinence education and related services... 72,000
Potter County Human Services, Roulette, PA, for
abstinence education and related services........... 50,000
Rape and Victim Assistance Center of Schuykill County,
Pottsville, PA, for abstinence education and related
services............................................ 71,000
Real Commitment, Gettysburg, PA, for abstinence
education and related services...................... 82,000
School District of Lancaster, Project IMPACT, Lancaster,
PA, for abstinence education and related services... 101,000
School District of Philadelphia, Philadelphia, PA, for
abstinence education and related services........... 102,000
Silver Ring Thing Program, Sewickley, Pennsylvannia, for
expansion of a program promoting abstinence......... 700,000
The Guidance Center, project RAPPORT, Smethport, PA, for
abstinence education and related services........... 74,000
To Our Children's Future With Health, Inc.,
Philadelphia, PA, for abstinence education and
related services.................................... 109,000
Tressler Lutheran Services, Harrisburg, PA, for
abstinence education and related services........... 136,000
Tuscarora Intermediate Unit, Mcveytown, PA, for
abstinence education and related services........... 84,000
University of Akron, Ohio, for a nursing study.......... 500,000
University of Florida, Gainesville, Florida, for
Consortium to Promote Nursing Faculty............... 1,000,000
University of Louisville Research Foundation, Kentucky,
to establish a Center for Cancer Nursing Education
and Research........................................ 300,000
Urban Family Council, Philadelphia, PA, for abstinence
education and related services...................... 126,000
Venago County Area Vo-Tech, Oil City, PA, for abstinence
education and related services...................... 41,000
Washington Hospital Teen Outreach, Academy for
Adolescent Health, Washington, PA, for abstinence
education and related services...................... 136,000
William Beaumont Hospital, Royal Oak, Michigan, for the
Beaumont Nurse Anesthesia Education Rural Initiative 300,000
Women's Care Center of Erie County, Inc., Abstinence
Advantage Program, Erie, PA, for abstinence
education and related services...................... 136,000
York County, Human Life Services, Inc. York, PA, for
abstinence education and related services........... 50,000
Community Ministries of the Lutheran Home at Topton,
Reading, PA, for abstinence education and related
services............................................ 95,000
Clarke College in Dubuque, IA, for the planning of a
community health center............................. 50,000
Clinical Pharmacy Training Program at University of
Hawaii at Hilo...................................... 700,000
Family Voices of Iowa in the ASK Resource Center, Des
Moines, IA, to continue and expand the Family to
Family Health Information Center.................... 100,000
Iowa Dept of Public Health to continue the Center for
Healthcare Workforce Shortages...................... 1,000,000
National Healthy Start Association, Baltimore, Maryland,
to gather and disseminate information on best
practices under the Healthy Start program and
provide technical assistance to Healthy Start
grantees............................................ 350,000
Tulsa Coalition for Children's Health in Tulsa, Oklahoma
for a study regarding delivery of pediatric health
care in northeastern Oklahoma....................... 125,000
Waianae Coast Community Health Center leadership
training............................................ 50,000
CENTERS FOR DISEASE CONTROL AND PREVENTION
Disease Control, Research, and Training
The conference agreement includes $4,506,965,000 for
disease control, research, and training at the Centers for
Disease Control and Prevention (CDC), of which $4,296,566,000
is provided as budget authority and $210,399,000 is made
available under Section 241 of the Public Health Service Act,
instead of $4,402,249,000 as provided by the Senate. H.R. 246
included $4,335,839,000 for the CDC.
The conference agreement includes bill language to
earmark $268,000,000 for equipment, construction, and
renovation of facilities instead of $270,000,000 as proposed by
the Senate. H.R. 246 included $200,000,000. Within this total,
$250,000,000 is for continuation of CDC's building program for
its Atlanta facilities and $18,000,000 is to begin construction
and purchase equipment for the replacement of CDC's infectious
disease laboratory in Fort Collins, Colorado. The
confereescontinue to support the rapid implementation of CDC's
Buildings and Facilities Master Plan and are pleased with the progress
made to date.
The conferees expect the CDC to utilize a portion of the
funds provided for buildings and facilities to continue and
expand security improvements to ensure critical information
reliability for response to critical events, as well as to
conduct increasingly varied public health missions.
The conference agreement includes bill language to allow
the Centers for Disease Control and Prevention (CDC) to enter
into a single contract or related contracts for the full scope
of development and construction of facilities as proposed by
the Senate. H.R. 246 contained no similar provision. The
conference agreement also includes bill language proposed by
the Senate to allow funds appropriated to the CDC to be used to
enter into a long-term ground lease for construction on non-
Federal land, in order to replace their laboratory in the Fort
Collins, Colorado area. H.R. 246 included no similar language.
The conference agreement includes bill language to
earmark $183,763,000 for international HIV/AIDS, the same as
proposed by the Senate and H.R. 246. The conference agreement
deletes bill language proposed by the Senate earmarking
$40,000,000 of the amount provided for international HIV/AIDS
for the International Mother and Child HIV Prevention
Initiative. The conferees are agreed, however, that $40,000,000
of the amount provided for international HIV/AIDS is for this
important initiative.
The conference agreement includes language in the bill
designating that the following amounts shall be available under
section 241 (Public Health Service Act evaluation set-aside)
for the specified activities:
$125,899,000--National Center for Health Statistics Surveys
$14,000,000--National Immunization Surveys
$28,600,000--Information Systems Standards Development and
Architecture and Applications-based Research Used
at Local Public Health Levels
$41,900,000--Research Tools and Approaches within the National
Occupational Research Agenda
H.R. 246 had proposed that $46,982,000 be derived from
section 241 for National Center for Health Statistics surveys.
The conference agreement modifies the placement of bill
language proposed by the Senate exempting from any personnel
ceiling applicable to the Agency, Service, or the Department of
Health and Human Services both civilians and Commissioned
Officers detailed to States, municipalities or other
organizations under authority of Section 214 of the Public
Health Service Act for purposes related to homeland security
during their period of detail or assignment. The agreement
places the bill language within the Public Health and Social
Services Emergency Fund account.
The conference agreement includes a modification to the
proviso carried in prior appropriations acts prohibiting the
use of funds available to the CDC to advocate or promote gun
control, as proposed in H.R. 246. The Senate bill included a
similar proviso. The conferees acknowledge that the purpose of
this proviso is to prohibit Federal funds from being used to
lobby for or against the passage of specific Federal, State or
local legislation intended to advocate or promote gun control.
The conferees understand that the CDC's responsibility in this
area is primarily data collection and the dissemination of
information and expect research in this area to be objective
and grants to be awarded through an impartial, scientific peer
review process. The conferees instruct the CDC to provide a
detailed report, within 90 days of enactment, on the steps the
CDC has taken to ensure this restriction is being followed.
The conference agreement includes a modification to a
proviso, proposed by the Senate, to raise the funding limit for
grants made under section 1509 of the Public Health Service Act
(WISEWOMAN screening demonstrations). The agreement increases
the limitation to $12,500,000, instead of $15,000,000 as
proposed by the Senate. H.R. 246 maintained the limit at
$10,000,000. The conferees are agreed that the increase in the
limitation is intended to permit, but not mandate, an increase
in the awards under this authority to $12,500,000 in fiscal
year 2003.
Birth Defects
The conference agreement includes $98,681,000 for birth
defects, developmental disabilities, disability and health
instead of $97,691,000 as proposed by the Senate. H.R. 246
included $94,655,000 for these activities.
Within the total, the following amounts are provided for
the specified activities above the fiscal year 2003 request:
$2,000,000--to expand State autism surveillance activities;
$2,000,000--to expand surveillance and epidemiological efforts
of Duchenne and Becker muscular dystrophy;
$500,000--to activities related to Fetal Alcohol Syndrome;
$842,000--to expand the newborn infant screening program; and
$2,000,000--to support the establishment of a National Spina
Bifida program.
In addition, $3,800,000 is provided to continue and
expand support for the Special Olympics Healthy Athletes
Initiative begun last year.
The conferees encourage the CDC to continue its
partnership with the Amputee Coalition of America (ACA) and its
support of the Limb Loss Research and Statistics Program. The
Committee is also supportive of the partnership that the ACA
and CDC have forged with the uniformed services in an effort to
ensure that members of our armed forces receive the highest
quality of care in the event of an amputation.
Chronic Disease Prevention and Health Promotion
The conference agreement includes $795,140,000 for
chronic disease prevention and health promotion instead of
$745,600,000 as proposed by the Senate. H.R. 246 proposed
$773,928,000. Programs within this account are funded at the
following levels:
Heart Disease and Stroke................................ $ 43,244,000
Cancer Prevention and Control........................... 290,645,000
Diabetes................................................ 63,756,000
Arthritis and Other Chronic Diseases.................... 22,649,000
Tobacco................................................. 100,584,000
Nutrition/Physical Activity............................. 34,372,000
Community Health Promotion.............................. 37,269,000
School Health........................................... 58,213,000
Safe Motherhood/Infant Health........................... 54,315,000
Oral Health............................................. 11,787,000
Prevention Centers...................................... 27,006,000
National Campaign to Change Children's Health Behaviors. 51,300,000
Within the amounts provided for Cancer Prevention and
Control, no less than $200,383,000 is for the Breast and
Cervical Cancer Screening Program and $1,000,000 is for the
establishment of a national lupus patient registry. The
conferees urge the CDC to work closely with the Lupus
Foundation of America in the establishment of the registry.
Within the amounts available for Arthritis and Other
Chronic Diseases, the agreement provides an increase over the
request of $850,000 for the expansion of State-based arthritis
programs and collaborations with the relevant voluntary health
organizations. In addition, an increase of $1,000,000 over the
request is provided to enhance epilepsy efforts, in partnership
with a national non-profit organization that works on behalf of
children and adults affected by seizures.
Within amounts provided for Community Health Promotion,
$6,903,000 is provided to support and expand the Behavioral
Risk Factor Surveillance Systems, $2,800,000 for continuing and
expanding a model project that is testing and evaluating the
efficacy of glaucoma screening using mobile units, $1,900,000
is for a vision screening and education program as outlined in
the Senate explanatory statement, and $1,800,000 is for the
Mind-Body Medical Institute in Boston, Massachusetts to
continue and expand practice-based assessments, identification,
and study of promising and heavily-used mind/body practices.
The conferees encourage CDC to expand its public and
professional awareness activities with respect to pulmonary
hypertension and to report to the Committees on Appropriations
within six months on the progress made in advancing this
important initiative.
The conferees understand that the Iron Disorders
Institute provides important educational material to the public
and the medical community and encourages the CDC to establish a
partnership with the Institute.
Environmental Health
The conference agreement includes $184,025,000 for
environmental health instead of $189,489,000 as proposed by the
Senate. H.R. 246 included $174,917,000 for environmental health
activities.
Within the total provided: $37,763,000 is for the
environmental health laboratory; $38,863,000 is for
environmental health activities (including $2,200,000 to
continue the physician education and public awareness program
for primary immune deficiency disease as implemented by the
Jeffrey Modell Foundation); $37,127,000 is for asthma;
$42,272,000 is for childhood lead poisoning; and $28,000,000 is
for the health-tracking network.
The conferees recognize the extraordinary services of
CDC's Environmental Health Laboratory, and have provided funds
to expand the assessment of exposure of the U.S. population to
environmental chemicals, to expand assistance to States, and
provide more effective laboratory response to toxic
emergencies.
The conferees are concerned about the health status of
the residents of rural communities. The conferees understand
that the CDC currently is developing a rural health plan to
address the variety of rural public health issues related to
environmental exposures. The conferees urge the CDC to continue
to work closely with the State of Iowa Public Health Department
in developing this plan.
Epidemic Services
The conference agreement includes $78,001,000 for
epidemic services and response as proposed by the Senate. H.R.
246 included the same amount for epidemic services.
HIV/AIDS, STD and TB Prevention
The conference agreement includes $1,194,150,000 for HIV/
AIDS, STD and TB prevention instead of $1,183,532,000 as
proposed by the Senate. H.R. 246 included $1,175,000,000 for
these activities.
Included in this amount is $887,961,000 for HIV/AIDS
activities, of which $183,763,000 is for global HIV/AIDS
activities; $169,675,000 for STD activities; and $136,514,000
for TB activities. Within the funds provided for global HIV/
AIDS, $40,000,000 is for the International Mother and Child HIV
Prevention Initiative.
Within the total for HIV/AIDS, $104,000,000 is provided
to continue CDC's support of activities that are targeted to
address the growing HIV/AIDS epidemic and its disparate impact
on communities of color, including African Americans, Latinos,
Native Americans, Asian Americans, Native Hawaiians, and
Pacific Islanders at not less than the fiscal year 2002 level.
The conferees expect CDC to follow the report accompanying the
Labor, HHS and Education and Related Agencies Appropriations
Act, 2002 regarding the disbursement of these funds, including
continuing support for the Directly Funded Minority Community
Based Organization Program.
Immunization
The conference agreement includes a discretionary program
level total of $654,751,000 for immunization, instead of
$652,895,000 as proposed by the Senate. H.R. 246 included
$634,601,000 for immunization activities. Within the total,
$14,000,000 is for national immunization surveys to be derived
from section 241 evaluation set-aside funds. In addition, the
Vaccines for Children (VFC) program funded through the Medicaid
program is expected to provide $1,056,000,000 in vaccine
purchases and distribution support in fiscal year 2003, for a
total immunization program level of $1,699,751,000.
Included in the amount provided is $505,963,000 for the
section 317 program, and $148,788,000 for global immunization
activities. Within the total available for global immunization,
$106,400,000 is for global polio eradication activities, and
$42,388,000 for the global measles program.
It has been brought to the conferees' attention that
infrastructure costs of delivering vaccines to children in
Alaska are substantially higher than in other areas of the
country because of the many small, remote communities that must
be served primarily by air. The conferees encourage CDC to
increase section 317 grant support for infrastructure
development and purchase of vaccines for the State of Alaska's
universal immunization program.
Infectious Diseases
The conference agreement includes $345,471,000 for
infectious diseases instead of $334,471,000 as proposed by the
Senate. H.R. 246 included $353,961,000 for infectious diseases.
Within the total provided, $1,000,000 above the budget
request is for a prevention program to control and reduce the
incidence of hepatitis C. This funding is to continue to
develop State-based programs and demonstrations to learn the
most feasible approach to integrating hepatitis C and B
screening, counseling, and referral programs into existing HIV
and STD State programs.
Within the total provided, $8,000,000 above the request
is to augment CDC's resources for supporting States in
developing and implementing effective surveillance, prevention,
and control of West Nile virus and support research on the
biology of the disease.
Within the total provided, $2,000,000 above the request
is to expand and improve surveillance, research, and prevention
activities on prion disease. The conferees intend that a
significant portion of the increase be used to expand support
for the National Prion Disease Pathology Surveillance Center to
establish a national autopsy network for prion disease
surveillance.
The conferees are pleased that the CDC is restoring funds
for Chronic Fatigue Syndrome research and that these funds are
being used in substantive areas. The conferees encourage CDC to
continue the establishment of a national registry.
Injury Control
The conference agreement includes $149,385,000 for injury
control, as proposed by the Senate. H.R. 246 provided
$148,464,000 for injury control.
Within the total provided, $3,000,000 is provided to
extend implementation of the National Violent Death Reporting
System. In addition, sufficient funds are included to continue
support for all existing Injury Control Research Centers. The
conferees also intend that $1,000,000 of the funds provided
above the request augment funding for the Traumatic Brain
Injury prevention program.
Occupational Safety and Health
The conference agreement provides a program level of
$274,899,000 for occupational safety and health, the same as
proposed by the Senate. H.R. 246 included $275,161,000 for
occupational safety and health. Included within the available
funds is $41,900,000 to carry out research tools and approaches
activities within the National Occupational Research Agenda
(NORA) to be derived from section 241 evaluation set-aside
funds.
Within the total provided, $2,000,000 above the request
is for the Education and Research Centers to expand research
activities in support of implementation of NORA.
The conferees have provided sufficient funds for NIOSH to
continue the farm health and safety initiative and to initiate
an objective, science-based study on the exposure of industrial
solvents on workers and whether those solvents have a long-term
significant adverse neurological impact on the health of those
workers.
The conferees support NIOSH's efforts in domestic
terrorism preparedness, including work to protect emergency
responders from biological and chemical terrorism exposures, as
well as industrial accidents. The conferees urge NIOSH to fast-
track its work to recognize the military affiliated laboratory
expertise and certification and to certify military equipment
for appropriate civilian use, particularly where any needed
modifications are simple.
The conferees support continuation of the joint
interagency initiative which involves the National Institute of
Occupational Safety and Health, the Federal Aviation
Administration, and the National Transportation SafetyBoard.
The conferees encourage NIOSH to continue to implement the Board's
recommendations to improve aviation safety in Alaska.
Public Health Improvement
The conference agreement includes a total program level
of $153,848,000 for public health improvement instead of
$115,672,000 as proposed by the Senate. H.R. 246 included
$114,581,000 for public health improvement. Included within the
available funds is $28,600,000 to carry out information systems
standards development and architecture and applications-based
research used at local public health levels to be derived from
section 241 evaluation set-aside funds.
Funds requested within public health improvement for
development and implementation of a nationwide environmental
health-tracking network have been provided for within the CDC's
environmental health activities program.
The conferees include the following amounts for the
following projects and activities in fiscal year 2003:
Adelphi University in Garden City, New York for its
Breast Cancer Hotline............................... $100,000
Alaska Department of Health and Social Services Obesity
Prevention and Control program...................... 400,000
Alivio Medical Center in Chicago, Illinois for its
diabetes programs................................... 150,000
Ambulatory Electronic Medical Record System (AEMRS) in
Edina, Minnesota to improve overall medical error
reduction........................................... 100,000
American Association of Physicians of Indian Origin for
a study of cardiovascular disease and diabetes among
persons of Asian Indian descent with emphasis on
risk factors and effective interventions............ 500,000
American Trauma Society, Upper Marlboro, Md., for a
program to provide medical professionals with the
skills and strategies to guide families of the
trauma victim through the stages of care............ 100,000
American Vitiligo Research Foundation, for education and
awareness programs for outreach..................... 100,000
Asthma and Allergy Foundation of Alaska and the Alaska
Lung Association to prevent lung diseases stemming
from tobacco........................................ 500,000
Auditory-Verbal Mentoring Program, Birmingham, Alabama
for auditory-verbal therapy......................... 400,000
Bexar County Community Health Collaborative in San
Antonio, Texas for its ``Fit City/Fit Schools''
program............................................. 150,000
Cal State Bakersfield Foundation, Bakersfield,
California, for a Valley Fever vaccination project.. 750,000
Center for International Rehabilitation to implement and
create Disability Rights Monitor.................... 400,000
Children's Medical Center of Dallas, Texas for the
Center for Infectious Diseases, Advanced
Diagnostics, and Emerging Pathogens................. 500,000
Children's Medical Research Institute, Oklahoma City,
Oklahoma, for a Type 2 diabetes research program.... 450,000
Citizens Against Toxic Exposure Health Clinic,
Pensacola, Florida, to locate and assist individuals
with health problems related to environmental toxins 300,000
City of Long Beach, California, for surveillance,
laboratory, epidemiology and other services at its
health department................................... 355,000
Clear Corps, Pittsburgh, PA, to provide lead poisoning
prevention services to families in the Pittsburgh
area................................................ 75,000
Community Health Centers in Hawaii for a childhood rural
asthma project...................................... 150,000
Community Services Planning Council, Sacramento,
California, Shots for Tots KIDS immunization
registry............................................ 283,000
Cooper Green Hospital Women's Cancer Screening and
Prevention program, Birmingham, Alabama, to screen
and detect cervical cancers among low income women.. 250,000
Delaware Health and Social Services, Division of Public
Health, for the Delaware Electronic Reporting
(DEERS)............................................. 500,000
Division of Health Sciences, East Tennessee State
University, Johnson City, Tennessee, for the
Appalachian Cancer demonstration project............ 200,000
Economic Opportunity Commission of San Luis Obispo
County in San Luis Obispo, California for its senior
health screening program............................ 50,000
Elliot Health System, Manchester, New Hampshire......... 400,000
Epilepsy Foundation in Landover, Maryland for its ``No
Seizures, No Side Effects'' campaign................ 350,000
Greater Cleveland SAFE KIDS Coalition's Reducing Child
Pedestrian Injuries in Urban Areas Program to
decrease the high rates of pedestrian injury for
children............................................ 30,000
Greenburgh Central School District No. 7 in Greenburgh,
New York for developing and implementing an action
plan to improve physical fitness and nutrition and
reduce obesity among middle school and high school
students............................................ 303,000
Health and Human Services Department, City of Houston,
Texas for its Online Infectious Disease/Bioterrorism
Immediate Identification, Assessment and Alert
demonstration project............................... 375,000
Healthy Body Healthy Soul Jesse Trice Cancer Center
Prevention Project to provide funding for cancer
prevention, education and early detection
initiatives......................................... 300,000
Hunter Health Clinic, Wichita, Kansas, for supplies..... 250,000
Huntsman Cancer Institute in Utah to develop a
Genealogical Database in support of genetic disease
research............................................ 500,000
Inova Regional Trauma Center, Falls Church, Virginia,
for a community-based injury prevention center...... 300,000
Iowa Games to continue the Lighten Up Iowa program...... 100,000
Iowa Health Foundation for a pilot program on chronic
disease management.................................. 500,000
Iowa State University, Center for Food Safety and Public
Health, Ames, Iowa, for a public health research and
education project................................... 1,000,000
Jackson State University Institute of Epidemiology and
Health Services Research to address urban and rural
health problems in Mississippi...................... 1,200,000
Jefferson Parish (Louisiana) Mosquito Control Board,
Harvey, Louisiana, to combat infestation and spread
of the West Nile virus.............................. 200,000
Kansas University Medical School and Family Community
Medicine Program, Wichita, Kansas, for Diabetes
management program.................................. 200,000
Kirkwood Community College in Cedar Rapids, Iowa for the
National Mass Fatalities Institute.................. 300,000
La Rabida Children's Hospital in Chicago, Illinois for
diabetes programs for children and families......... 150,000
Lake Charles Memorial Hospital in Lake Charles,
Louisiana for its Breast Health Center.............. 550,000
Lawton & Rea Chiles Center for Healthy Mothers and
Babies in Tampa, Florida, for training
paraprofessionals in the health-care field.......... 1,000,000
Marin County Department of Health and Human Services in
San Rafael, California for research, analysis and
health system improvements related to the incidence
of breast cancer in the county...................... 500,000
Medical Institute for Sexual Health..................... 250,000
Michael E. DeBakey Institute for Comparative
Cardiovascular Science and Biomedical Devices at
Texas A&M University, College Station, Texas........ 800,000
Missouri Primary Care Association for chronic disease
prevention and oral health outreach and education... 150,000
National Bioinformatics Collaboration Center for early
stage planning...................................... 50,000
Neighborhood Health Plan of Rhode Island in Providence,
Rhode Island for a community-based asthma outreach
and intervention program............................ 250,000
Northern Arizona University to research and address
critical security needs associated with biothreat
agents and organisms................................ 450,000
Nurses for Newborns Foundation in St. Louis, Missouri,
for services to infants and children at risk for
abuse or neglect.................................... 300,000
Onondaga County Health Department, Syracuse, New York,
for Tuberculosis elimination project................ 125,000
Osteopathic Health System of Texas, Fort Worth, Texas,
for study to determine the efficacy of Hyperbaric
Oxygen for treatment of diseases.................... 870,000
Partnership for Food Safety Education, Washington, D.C.,
to establish a national education clearinghouse..... 500,000
Rice University in Houston, Texas, for proteomics
research............................................ 1,000,000
S.A.F.E., Inc., Wilkes-Barre, PA., (in affiliation with
Geisinger's Center for Autism), to establish centers
of excellence for the treatment of Autism........... 250,000
San Antonio Metropolitan Health District in San Antonio,
Texas to expand a public health assessment of
exposure to environmental contaminants at and near
the former Kelly Air Force Base..................... 350,000
San Luis Obispo County Public Health Agency in San Luis
Obispo, California for diabetes prevention,
screening and education............................. 90,000
SIDS Resources, Inc. in Kirkwood, Missouri for an Urban
Education Outreach Program and Infant Mortality Risk
Reduction Program in rural Missouri................. 50,000
Sister to Sister--Everyone Has a Heart Foundation to
increase women's awareness of heart disease,
Washington, D.C..................................... 400,000
Sixteenth Street Community Health Center in Milwaukee,
Wisconsin for a demonstration program focusing on
asthma treatment in the bilingual community......... 250,000
Southeastern Center for Emerging Biologic Threats....... 600,000
Southern Methodist University for research regarding
pharmaceutical antibiotic resistance................ 300,000
Southwestern Medical Center, Dallas, Texas, National
Multiple Sclerosis Training Center at the University
of Texas............................................ 500,000
St. Joseph Health Services in North Providence, Rhode
Island for the ``Pawtucket Smiles'' children's oral
health initiative................................... 350,000
St. Joseph's Mercy Care Services in Atlanta, Georgia for
their breast and cervical cancer screening and
treatment program................................... 350,000
St. Louis University Consortium Against Biological
Agents in St. Louis, Missouri to expand and
integrate the University's educational efforts in
the basic science of the transmission, prevention
and treatment of infectious diseases and the
training of pub..................................... 1,000,000
St. Tammany Parish Mosquito Control Board, Slidell,
Louisiana, for project to prevent and control the
spread of West Nile virus........................... 200,000
Sustainable Resources Center in Minneapolis, Minnesota
for the Community Lead Education and Reduction
Program (CLEARCorps)................................ 125,000
Texas Tech University, Health Sciences Center, Lubbock,
Texas, for Diabetes Prevention and Control project.. 500,000
The National Organization on Fetal Alcohol Syndrome,
Washington, D.C., for Fetal Alcohol Syndrome project 1,000,000
Thomas Jefferson University Hospital in Philadelphia,
Pennsylvania for a center for bioterrorism and
disaster preparedness training...................... 1,650,000
Tried Stone Economic Development Corporation in Detroit,
Michigan for preventive health programs at the Imani
Social Re-nurturing and Health Center............... 150,000
University of Alabama at Birmingham, Birmingham,
Alabama, for a Rural Diabetes Glaucoma Initiative... 400,000
University of Arizona Health Center to develop the use
of DNA microarrays to detect contamination of foods
and/or dietary supplements.......................... 100,000
University of Arizona to study NikkomycinZ (NikZ) as a
treatment for Valley Fever.......................... 100,000
University of Findlay, Findlay, Ohio, for Terrorism
Preparedness Center................................. 1,500,000
University of Florida, Seniors Institute for
Transportation and Communications, Gainesville,
Florida, for Older Driver Assessment and
Rehabilitation project.............................. 1,000,000
University of Georgia, College of Pharmacy, Center for
Leadership in Education and Applied Research in Mass
Destruction Defense (CLEARMADD), Athens, Georgia, to
train health professionals to respond to chemical
and biological attacks.............................. 450,000
University of Louisville's Center for the Deterrence of
Bioterrorism and Biowarfare to educate public health
officials to detect and respond to biological
attacks, Kentucky................................... 1,200,000
University of Michigan Health System in Ann Arbor,
Michigan for its clinical simulation center for
education and training of first responders and
medical and public health personnel................. 450,000
University of Missouri School of Journalism and the
Sinclair School of Nursing Cancer Communication
Research Center for evaluation and devlopment of
protocols and programs.............................. 200,000
University of Montana Center for Environmental Health
Sciences, Missoula, Montana, to support research on
the impact of environmental factors in causing or
exacerbating human diseases......................... 750,000
University of Northern Iowa Youth Fitness and Obesity
Institute to study the effectiveness of movement
programs on the health of preschool children........ 700,000
University of Rhode Island Cancer Prevention Research
Center, in Kingston, Rhode Island for cancer related
research and tobacco program........................ 100,000
University of South Alabama for the Alabama Birth
Defects Monitoring and Prevention Center............ 500,000
University of South Alabama for the Diabetic Lower
Extremity Amputation Prevention Program............. 500,000
University of Texas M.D. Anderson Cancer Center in
Houston, Texas for a comprehensive cancer control
program to address the needs of minority and
medically underserved populations................... 500,000
University of Vermont to implement an obesity research
and community intervention program to evaluate
effective remedies.................................. 100,000
Vanderbilt University Department of Pediatrics in
Nashville, Tennessee, for the Nurses for Newborns
program............................................. 250,000
Wausau Health Foundation in Wausau, Wisconsin to develop
and test innovative approaches to increase screening
for colorectal cancer............................... 200,000
West Virginia University for the Center for Healthy
Communities to implement a program to reduce obesity 1,000,000
Western Psychiatric Institute and Clinic, UPMC,
Pittsburgh, PA for weight management and obesity
control............................................. 250,000
Woodhull Medical and Mental Health Center in Brooklyn,
New York for a community-based asthma management
program............................................. 375,000
NATIONAL INSTITUTES OF HEALTH
National Cancer Institute
The conference agreement includes $4,622,394,000 for the
National Cancer Institute instead of $4,642,394,000 as proposed
by the Senate and $4,299,493,000 as proposed by H.R. 246.
The conferees note with concern the Lung Cancer Progress
Review Group's August 2001 report, which concluded that the
nation's health care system is poorly organized to deal with
lung cancer and that a pervasive sense of ``therapeutic
nihilism'' dominates the public and scientific discussion of
this disease. The conferees urge NCI to consider implementing
the group's recommendations, particularly regarding the
creation of multi-institutional, multidisciplinary lung cancer
consortia. The conferees request the NCI to submit a report on
the group's recommendations by June 30, 2003.
National Heart, Lung and Blood Institute
The conference agreement includes $2,812,011,000 for the
National Heart, Lung and Blood Institute instead of
$2,820,011,000 as proposed by the Senate and $2,698,391,000 as
proposed by H.R. 246.
The conferees encourage NHLBI, in collaboration with the
National Institute of Neurological Disorders and Stroke, to
enhance its efforts to develop a diagnostic test for
transmissible spongiform encephalopathies (TSE) that would be
suitable for screening the blood supply. Currently, there is no
suitable method for identifying TSE-infected blood or humans
infected with TSEs. Human TSEs, for which there are no known
treatments, include Creutzfeld-Jakob disease and new variant
Creutzfeldt-Jakob disease.
The conferees are aware of the impact of cystic fibrosis
on children and adults and commend the voluntary associations
that focus on combating this life-threatening genetic disease.
The conferees urge the NIH to work with these organizations and
outside researchers in supporting research related to the
diagnosis and treatment of patients who are affected by this
disease.
The conferees are interested in efforts to find a cure
for Lymphangioleiomyomatosis (LAM), a progressive and often
fatal lung disease of young women with no effective treatment.
Accordingly, the conferees urge the NHLBI to explore
opportunities for funding clinical treatment trials through
both intramural and extramural means and to use all available
mechanisms, as appropriate, including supporting state-of-the-
science symposia and facilitating access to human tissues, to
stimulate a broad range of clinical and basic LAM research.
National Institute of Dental and Craniofacial Research
The conference agreement includes $374,067,000 for the
National Institute of Dental and Craniofacial Research as
proposed by the Senate instead of $360,528,000 as proposed by
H.R. 246.
National Institute of Diabetes and Digestive and Kidney Diseases
The conference agreement includes $1,633,347,000 for the
National Institute of Diabetes and Digestive and Kidney
Diseases instead of $1,637,347,000 as proposed by the Senate
and $1,532,394,000 as proposed by H.R. 246.
The conferees are concerned about the alarming growth in
kidney disease and end stage renal disease and anticipated
shortages of the professionals in nephrology that will be
needed to handle these cases. NIDDK is encouraged to consider
launching new training initiatives and workshops such as grant
writing seminars to foster increased interest in this
subspecialty.
National Institute of Neurological Disorders and Stroke
The conference agreement includes $1,466,005,000 for the
National Institute of Neurological Disorders and Stroke as
proposed by the Senate instead of $1,372,256,000 as proposed by
H.R. 246.
The conferees encourage NINDS, in collaboration with
NIAID, to expand support for controlled clinical trials to
better understand the effect of neutralizing antibodies on
current therapies on multiple sclerosis, and to produce better
clinical data on effective combination therapies using existing
therapies that have been approved for MS and other conditions.
The conferees further encourage NINDS to conduct a scientific
workshop on the role of neutralizing antibodies in MS therapy
and new approaches for treatment of MS with combination
therapies of drugs approved for MS and other conditions.
National Institute of Allergy and Infectious Diseases
The conference agreement includes $3,730,973,000 for the
National Institute of Allergy and Infectious Diseases instead
of $3,727,473,000 as proposed by the Senate and $2,674,213,000
as proposed by H.R. 246.
The conference agreement includes bill language
permitting the transfer of $100,000,000 to International
Assistance Programs, Global Fund to Fight HIV/AIDS, Malaria,
and Tuberculosis as proposed by the Senate. H.R. 246 included a
general provision permitting the Director of NIH to transfer
this amount to the Global Fund from funds appropriated to NIH.
The conference agreement includes bill language
allocating up to $375,000,000 for extramural facilities
construction grants for research on biological and other
agents. The Senate had proposed $150,000,000 for these grants.
H.R. 246 had no similar provision. The conferees intend to
provide NIAID with flexibility to determine the appropriate
share of the Institute's funds directed to bioterrorism
research versus infrastructure.
National Institute of General Medical Sciences
The conference agreement includes $1,859,084,000 for the
National Institute of General Medical Sciences instead of
$1,853,584,000 as proposed by the Senate and $1,742,596,000 as
proposed by H.R. 246.
National Institute of Child Health and Human Development
The conference agreement includes $1,213,817,000 for the
National Institute of Child Health and Human Development as
proposed by the Senate instead of $1,159,405,000 as proposed by
H.R. 246.
The conferees recognize that the therapeutic potentials
of adult and embryonic stem cells need to be studied in animal
models. The conferees remain concerned about the absence of
research dedicated to investigating stem cells in the most
clinically relevant models. To maintain a position of
scientific leadership in embryonic stem cell research, the
conferees urge NICHD to support research using approved stem
cell lines that investigate adult and embryonic stem cells in
vitro and in nonhuman primates.
Congenital limb deficiency, vascular disease, childhood
skeletal malignancy and trauma have resulted in over 1,500,000
persons in the U.S. experiencing limb loss. Technological
advancements today offerconsiderable opportunity for persons
with limb loss to effectively resume active, productive lives.
Standards of care for persons with limb loss have not been developed,
however, nor have clinical outcomes research been conducted to
determine appropriate access to advanced technology prosthetic devices
and the importance of related physical rehabilitation and therapy to
improve performance among persons who utilize prosthetic devices. The
conferees encourage the Institute to support a prosthetic outcomes
research consensus conference, with an emphasis on consumer input, to
develop a research protocol to comprehensively address these concerns.
National Eye Institute
The conference agreement includes $637,290,000 for the
National Eye Institute instead of $634,290,000 as proposed by
the Senate and $600,796,000 as proposed by H.R. 246.
Ocular albinism (OA) is a hereditary, blinding disease
that causes terribly distorted vision in children. Victims, who
are usually boys and receive the defective gene from their
mothers, experience nystagmus, photophobia, lack of
stereoscopic vision, strabismus, and other symptoms which deny
these children normal vision. In recent years, great strides
have been made in the search for improved diagnostic tools and
treatments. Recently, the OA1 gene, responsible for most cases
of the disease, was identified, and a diagnostic screening test
created to help women determine if they are at risk of passing
the disease on to their children. As researchers move closer to
understanding how this disease works, and developing potential
treatments that could improve the vision of children with the
condition, the conferees direct NEI to be prepared to report on
advances in research on ocular albinism.
National Institute of Environmental Health Sciences
The conference agreement includes $618,258,000 for the
National Institute of Environmental Health Sciences instead of
$617,258,000 as proposed by the Senate and $589,701,000 as
proposed by H.R. 246.
The conferees commend NIEHS for its recent efforts to
bolster research initiatives on the environmental influences of
breast cancer. The conferees recognize the serious lack of
research on the relationship between the environment and breast
cancer, and believe that it is important for the Institute to
support such research. The conferees urge the Institute to
establish a group of breast cancer and environmental research
advisers to make recommendations to the Director with regard to
the support of the breast cancer and environmental research,
and to include in the group representatives from the breast
cancer community who have had breast cancer. The conferees
request an update at the fiscal year 2004 hearings on the
progress in establishing an advisory group. The conferees
encourage NIEHS to consider establishing centers to conduct
multi-disciplinary and multi-institution research on
environmental factors that may be related to breast cancer.
National Institute on Aging
The conference agreement includes $1,000,099,000 for the
National Institute on Aging as proposed by the Senate instead
of $939,608,000 as proposed by H.R. 246.
National Institute of Arthritis and Musculoskeletal and Skin Diseases
The conference agreement includes $489,324,000 for the
National Institute of Arthritis and Musculoskeletal and Skin
Diseases as proposed by the Senate instead of $474,392,000 as
proposed by H.R. 246.
Vitiligo is an environmental and genetic auto-immune
disease of unknown origin which affects about three to six
million Americans. Almost 50 percent develop the disease in
childhood, with the median age of onset at four years of age.
In its most severe forms, patients have milky white patches
covering widespread areas of the body due to the loss of
pigment in these areas. Especially for young children, the
physical pain caused by severe burns from the harmful effects
of sunlight and the emotional pain caused by people confusing
vitiligo with an infectious disease diminishes the quality of a
patient's life. There are no FDA-approved treatments for
children. The conferees urge NIAMS to enhance research efforts
through all available mechanisms, as appropriate, to identify
the causes of this disease and develop pediatric treatment
options for vitiligo.
National Institute on Deafness and Other Communication Disorders
The conference agreement includes $372,805,000 for the
National Institute on Deafness and Other Communication
Disorders as proposed by the Senate instead of $351,376,000 as
proposed by H.R. 246.
National Institute of Nursing Research
The conference agreement includes $131,438,000 for the
National Institute of Nursing Research as proposed by the
Senate instead of $130,044,000 as proposed by H.R. 246.
National Institute on Alcohol Abuse and Alcoholism
The conference agreement includes $418,773,000 for the
National Institute on Alcohol Abuse and Alcoholism as proposed
by the Senate instead of $401,933,000 as proposed by H.R. 246.
National Institute on Drug Abuse
The conference agreement includes $968,013,000 for the
National Institute on Drug Abuse as proposed by the Senate
instead of $912,489,000 as proposed by H.R. 246.
The conferees commend NIDA for its partnership with the
Office of National Drug Control Policy, particularly the
ongoing support NIDA provides to the sites established by the
Counterdrug Technology Assessment Center (CTAC). The conferees
encourage the continuation and expansion of NIDA funding for
these research centers where CTAC has likewise committed
resources.
National Institute of Mental Health
The conference agreement includes $1,349,788,000 for the
National Institute of Mental Health instead of $1,350,788,000
as proposed by the Senate and $1,290,274,000 as proposed by
H.R. 246.
The conferees are concerned that the September 11, 2001
terrorist attacks have taken a toll on mental health in
America, and urge the Institute to conduct studies on the
effects of such events and disasters so that best practices can
be developed. Research should focus on survivors, emergency
workers and the general public to understand the degree of
mental trauma suffered and to understand how post traumatic
stress affects these different populations.
National Human Genome Research Institute
The conference agreement includes $468,037,000 for the
National Human Genome Research Institute as proposed by the
Senate instead of $431,985,000 as proposed by H.R. 246.
National Institute of Biomedical Imaging and Bioengineering
The conference agreement includes $280,100,000 for the
National Institute of Biomedical Imaging and Bioengineering
instead of $283,100,000 as proposed by the Senate and
$140,973,000 as proposed by H.R. 246.
National Center for Research Resources
The conference agreement includes $1,146,272,000 for the
National Center for Research Resources instead of
$1,161,272,000 as proposed by the Senate and $1,015,395,000 as
proposed by H.R. 246.
The conference agreement includes bill language to
earmark $120,000,000 for extramural facilities construction
grants instead of $97,000,000 as proposed by H.R. 246 and
$125,000,000 as proposed by the Senate.
Within the total provided for NCRR, $210,000,000 is for
the Institutional Development Awards (IDeA) program and
$312,000,000 is for the General Clinical Research Centers. Of
the IDeA grants funding, $127,000,000 is designated for the
Centers of Biomedical Research Excellence program and
$83,000,000 is designated for the Biomedical Research
Infrastructure Networks program.
National Center for Complementary and Alternative Medicine
The conference agreement includes $114,149,000 for the
National Center for Complementary and Alternative Medicine as
proposed by the Senate instead of $105,212,000 as proposed by
H.R. 246.
The conference agreement includes sufficient funds to
increase support for the chiropractic research center.
National Center on Minority Health and Health Disparities
The conference agreement includes $186,929,000 for the
National Center on Minority Health and Health Disparities as
proposed by the Senate instead of $151,062,000 as proposed by
H.R. 246.
John E. Fogarty International Center
The conference agreement includes $63,880,000 for the
John E. Fogarty International Center instead of $60,880,000 as
proposed by the Senate and $57,064,000 as proposed by H.R. 246.
National Library of Medicine
The conference agreement includes $310,299,000 for the
National Library of Medicine, of which $8,200,000 is made
available through the evaluation set-aside, as proposed by the
Senate instead of $277,273,000 as proposed by H.R. 246. Bill
language is included, as proposed by the Senate, to make
available $8,200,000 from amounts available under section 241
of the Public Health Service Act to carry out the National
Information Center on Health Services Research and Health Care
Technology. H.R. 246 did not contain a similar provision.
Office of the Director
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $267,974,000 for the
Office of the Director instead of $257,974,000 as proposed by
the Senate and $2,476,111,000 as proposed by H.R. 246.
The conference agreement provides $20,000,000 for the
Director's Discretionary Fund rather than $10,000,000 as
provided by H.R. 246 and the Senate in order that the Director
of NIH may allocate resources to the Institutes and Centers to
begin ``roadmap'' activities.
The conferees concur with the guidance in the Senate
explanatory statement regarding limits for NIH reprogramming
requests.
The conference agreement reflects the funding and grant
transfers that will be made to the National Institute of
Biomedical Imaging and Bioengineering from other institutes and
centers.
The conferees concur with the Senate explanatory
statement encouraging NIH to increase the research training
stipend awards by ten percent.
The conferees are agreed that NIH should continue to
allocate funds for biomedical research on the basis of
scientific opportunity, taking into consideration the many
other factors identified by NIH as being relevant to funding
decisions, such as the infectious nature of a disease, the
number of cases and deaths associated with a disease, the cost
of disease treatment, and/or other costs associated with a
disease. The conferees also expect NIH to consider carefully
the language in appropriations explanatory statements and give
it appropriate weight when determining funding allocations
across disease areas. Regarding the cases in which
appropriations explanatory statements reference funding levels
for a specific disease, the conferees are agreed that these are
intended only to express relative priority and are not funding
earmarks.
The conferees do not agree to the budget request to use
NIH funding to support Department of Defense free electron
laser research and radiation exposure research.
The conferees have previously provided funding for the
design of a new facility for the National Library of Medicine
and understand that the design phase of this project is nearly
complete. The conferees request the Director of NIH to provide
a report by June 30, 2003 to the Committees on Appropriations
with details of the new facility, timetables and costs, based
on a construction plan consistent with recommendations from the
NIH Facilities Planning Advisory Committee.
The conferees request that the NIH Interagency Autism
Coordinating Committee (IACC) convene a panel of outstanding
scientists to assess the field of autism research, and identify
the roadblocks that may be hindering progress in understanding
its causes and best treatment options. As a next step, the IACC
should take the recommendations of these findings and develop a
matrix of short-to-long range and low-to-high risk action items
to address some of the roadblocks identified by the panel. This
matrix would then be used to help guide further autism research
planning at NIH, and as a tool for the entire autism community.
It should include opportunities for voluntary and private
funding organizations, and hopefully will lead to opportunities
for collaboration with other government agencies and the autism
community as well. The matrix should be a living document that
can be revised and expanded as current goals are achieved and
new goals are identified. Once the matrix has been developed,
the IACC should provide a report to Congress on the state of
autism research.
Pick's disease is a rare form of frontotemporal dementia
that leads to a degeneration of social skills, language,
reasoning abilities, and memory. Although the cause of this
disease is unknown, researchers now appreciate the degree to
which disorders such as Pick's disease are related to other
frontotemporal dementias, and even more common forms of
dementia such as Alzheimer's disease. Alterations of the tau
protein, which is an important structural component of neurons,
have been implicated in all of these disorders, and provide an
important common target for further exploration. NIA and NINDS
are encouraged to support research on frontotemporal dementias,
including Pick's disease, as well as related tauopathies, that
may reveal insights into the causes and possible treatments of
these conditions.
Rett syndrome is a neurological disorder seen almost
exclusively in females; it affects approximately one in ten
thousand live births per year. The conferees are pleased to
learn of the discovery of the MECP2 gene as the main cause of
this disorder and encourage the Institutes to expand their
research efforts to learn how this gene affects other genes and
tissues during the development of the nervous system. The
conferees also encourage research to develop animal models of
the disorder and to study the daily problems that afflict
children with Rett syndrome, including autonomic disorders, as
well as research on interventions for improved literacy and
communication. Because Rett syndrome is a multi-faceted
disorder, the conferees encourage NICHD, NINDS, NIDCD, and
NIGMS to work in collaboration to maximize the outcomes from
investments made in Rett syndrome research.
The Department has conducted a comprehensive review of
research on products containing the herb ephedra, and the
conferees look forward to seeing this work in the near future.
The conferees recommend that, following publication of this
work and a thorough dialogue between the Department, industry
and others, NIH initiate scientific studies necessary to
resolve any remaining questions on the safety and benefits of
these products.
The conferees request NIH to provide a report by June 30,
2003 summarizing, by grant and amount, actual fiscal year 2002
research funding on temporomandibular diseases and disorders,
as well as an estimate of fiscal year 2003 expenditures.
Buildings and Facilities
The conference agreement includes $632,800,000 for
buildings and facilities instead of $607,800,000 as proposed by
the Senate and $296,100,000 as proposed by H.R. 246.
The conference agreement includes language granting full
scope authority for the contracting of construction of the
first and second phases of the John E. Porter Neurosciences
Building as proposed by the Senate. H.R. 246 did not have a
similar provision.
The conference agreement includes $105,000,000 for the
NIH research building proposed in the budget request to be
constructed on Department of Army land at Ft. Detrick,
Maryland.
The conferees were saddened by the recent passing of
Florence S. Mahoney, one of the nation's foremost advocates for
health research and a pioneer in the development of the NIH.
Beginning in the 1940s, Mahoney teamed up with another citizen
activist, Mary Lasker, to seek a greater Federal investment in
health sciences and biomedical research. They were
extraordinarily effective. Mrs. Mahoney's crowning achievement
was her almost singlehanded campaign to create the National
Institute on Aging. That event, in 1974, opened the way to
scientific advances aimed at extending the healthy years of
life and maintaining functional independence for millions of
older Americans. She embodied that ideal, living independently
until her death at age 103. Mahoney was the last of a
generation of giants--including Lasker, James Shannon, Senator
Lister Hill and Representative John Fogarty--who built the
modern NIH. The conferees strongly urge the NIH to honor her
memory by designating one of two outdoor courtyards in the Mark
O. Hatfield Clinical Research Center, now under construction,
as the ``Florence S. Mahoney Plaza (or Courtyard).'' The
conferees hope that such a space will include a stone marker,
plaque or sculpture that would prominently pay tribute to
Mahoney's enormous contributions to the NIH.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
Substance Abuse and Mental Health Services
The conference agreement includes $3,232,268,000 for
substance abuse and mental health services, of which
$3,158,068,000 is provided through budget authority and
$74,200,000 is provided through the evaluation set-aside. H.R.
246 had proposed $3,167,897,000 for SAMHSA and the Senate
proposed $3,203,917,000, of which $74,200,000 was from the
evaluation set-aside.
The conference agreement contains bill language providing
$955,000 for protection, maintenance and remediation of
Federally-owned facilities at St. Elizabeths Hospital as
proposed by the Senate. H.R. 246 had no similar provision.
The conference agreement includes bill language
identifying $21,461,000 for projects in the amounts specified
in the statement of the managers on the conference report.
Center for Mental Health Services
The conference agreement includes $246,042,000 for
programs of regional and national significance instead of
$226,067,000 as proposed by H.R. 246 and the Senate.
Within the total provided, the conference agreement
provides $95,000,000 for counseling services for school-aged
youth as proposed by the Senate. As proposed by the Senate,
$3,000,000 is provided to support the National Suicide
Prevention Resource Center, and continued support is provided
for the Suicide Prevention Hotline program.
Within the total provided, $30,000,000 is provided under
section 582 of the Public Health Service Act to support grants
to local mental health providers for the purposes of developing
knowledge of best practices and providing mental health
services to children and youth suffering from post-traumatic
stress disorder as a result of having witnessed or experienced
a traumatic event. These funds are provided through the SAMHSA
appropriation rather than $10,000,000 being provided through
the Public Health and Social Services Emergency Fund as
proposed by the Senate.
The conference agreement provides $2,000,000 above the
request to continue the current level of funding for the
consumer and consumer-supported national technical assistance
centers as proposed by the Senate. The conferees direct CMHS to
support multi-year grants to five such national technical
assistance centers.
The conference agreement provides $5,000,000 to continue
the elderly treatment and outreach program as proposed by the
Senate.
As proposed by the Senate, the conference agreement
provides $5,000,000 for the jail diversion program and
$1,000,000 for new awards under the community action grant
program.
The conferees include the following amounts for the
following projects and activities in fiscal year 2003:
Access Community Health Network in Chicago, Illinois for
an initiative to improve mental health services at
their community health centers...................... $350,000
Arab-American & Chaldean Council, Lathrup Village,
Michigan, to develop a comprehensive and systems
mental health initiative for the prevention and
treatment of substance abuse among Arab-Americans... 500,000
Bellfaire Jewish Children's Bureau, Shaker Heights,
Ohio, for Social Advocates for Youth (SAY) program
to provide early intervention and substance abuse
services to high school students.................... 605,000
Bert Nash Community Mental Health Center in Lawrence,
Kansas to provide mental health services in schools
and other settings to prevent juvenile crime and
substance abuse among high-risk youth............... 150,000
Center for Mind Body Medicine, Washington, D.C., to
train health and mental health professionals in
treating war and terrorism related trauma in the
U.S. and abroad..................................... 200,000
City of San Francisco to develop a Homeless Management
Information System to track and address the needs of
the homeless........................................ 150,000
Covenant House Pennsylvania to support programs at its
Crisis Residence for runaway and homeless youth in
Philadelphia........................................ 500,000
Emergency Shelter of the Fox Valley, Inc. in Appleton,
Wisconsin to expand programs providing temporary
shelter and mental health services to the homeless.. 30,000
Family Communications Inc. in Pittsburgh--for an
antiviolence program entitled the National Preschool
Anger Management Project............................ 150,000
Family Communications Inc. to implement the National
Preschool Anger Management Project in Iowa.......... 250,000
Family Support Systems Unlimited in the Bronx, New York
for mental health services.......................... 250,000
Hub Program in Billings, Montana to provide services to
the low-income mentally ill......................... 400,000
Interlink Counseling Services, Louisville, Kentucky, for
drug prevention programs............................ 30,000
Jewish Association for Residential Care, Farmington
Hills, Michigan, to develop and expand mental health
support and long-term case management............... 500,000
KidsPeace in Pennsylvania............................... 100,000
Kidspeace, Graham Lake Campus, Maine.................... 450,000
Lawrence Hall Youth Services (LHYS) in Chicago, Illinois
for mental health and related support services...... 250,000
Life Quest Community Mental Health Center for treatment
of co-occurring disorders in the population of Mat-
Su Valley........................................... 400,000
Meeting Street Center in East Providence, Rhode Island
for children's mental health and enhanced early
intervention support services....................... 400,000
Mentally Ill Offender Crime Reduction demonstration in
Ventura, California................................. 400,000
Montrose Counseling Center in Houston, Texas for mental
health services..................................... 100,000
Operation Breakthrough at Saint Vincent's Family Service
Center in Kansas City, Missouri for family mental
health services..................................... 350,000
Pacific Clinics in Arcadia, California to support a
school-based mental health demonstration program for
Latina adolescents.................................. 500,000
San Francisco Department of Public Health in San
Franciso, California for mental health and substance
abuse services for homeless persons in supportive
housing............................................. 750,000
Smith Haven Ministries in Coram, New York for mental
health counseling services.......................... 500,000
Sowing the Seeds of Hope to provide mental health
support for distressed farm families................ 100,000
State of Alaska Department of Health and Social Services
Suicide Prevention Program to identify, intervene
and treat individuals in Alaska at risk of suicide.. 250,000
Texas Medication Algorithm Project (T-MAP) in Tarrent
County, Texas for further development, testing, and
implementation of the computerization program....... 300,000
United Migrant Opportunities Services to provide
comprehensive, bilingual, bicultural services to
Latina women and families who are victims of
domestic violence................................... 60,000
The conference agreement includes $440,000,000 for the
mental health block grant instead of $433,000,000 as proposed
by the Senate and $438,000,000 as proposed by H.R. 246.
The conference agreement includes $98,694,000 for
children's mental health grants rather than $96,694,000 as
proposed by the Senate and H.R. 246.
The conference agreement provides $43,355,000 for grants
to States for the homeless (PATH) rather than $46,855,000
proposed by the Senate and $39,855,000 proposed by H.R. 246.
The conference agreement includes $34,000,000 for
protection and advocacy instead of $32,500,000 as proposed by
H.R. 246 and $35,500,000 as proposed by the Senate.
Center for Substance Abuse Treatment
The conference agreement includes $319,354,000 for
programs of regional and national significance instead of
$296,314,000 as proposed by H.R. 246 and $310,000,000 as
proposed by the Senate.
The conference agreement includes sufficient funding to
support methamphetamine prevention and treatment demonstration
projects in Iowa and other parts of the Midwest and South.
The conference agreement provides $3,000,000 for the
Residential Treatment Program for Pregnant and Postpartum
Women.
The conferees include the following amounts for the
following projects and activities in fiscal year 2003:
Alaska Christian College at Kenai for the support of
residential substance abuse program for adolescents. $200,000
Allegheny County, Department of Human Services,
Pittsburgh, PA. for drug and alcohol treatment...... 100,000
Baltimore City Health Department, Baltimore, Maryland,
to expand drug treatment services................... 450,000
City of Vallejo Fighting Back Partnership in Vallejo,
California for a pilot program to identify and treat
youth who are abusing alcohol or drugs.............. 275,000
Community Services for Children, Lehigh County, PA. to
remediate and reverse the impact of drug use by
pregnant mothers on their newborn infants........... 100,000
Cook Inlet Council (Kenai) Council on Alcohol and Drug
Abuse for treatment of women and children with
substance abuse problems............................ 400,000
Cook Inlet Tribal Council's Ernie Turner Center to
continue outpatient and inpatient substance abuse
treatment........................................... 500,000
Copper River Native Association's Hudson Lake Spirit
Camp for a substance abuse spirit camp program...... 250,000
Fairbanks Memorial Hospital to provide treatment and
services to chronic inebriates in Fairbanks......... 400,000
Fairbanks Native Association's Lifegivers Program
residential treatment program for pregnant women and
their children...................................... 500,000
Flowering Tree in Pine Ridge, SD for residental
substance abuse treatment programs for young mothers
and pregnant women on the Pine Ridge Indian
Reservation......................................... 300,000
Gavin Foundation in South Boston, Massachusetts, for the
Cushing House substance abuse treatment program for
adolescent males.................................... 250,000
Lindy's Place in New Orleans, LA to integrate substance
abuse treatment program into domestic violence
programs............................................ 50,000
Southcentral Foundation's Pathways Home Residential
Treatment center for adolescent substance abusers... 2,000,000
Southeast Alaska Regional Health Consortium Deilee Hit
residential substance abuse treatment program for
pregnant women and their children................... 400,000
Tanana Chiefs Conference and Fairbanks Native
Association to continue the Ch'eghutsen
comprehensive mental health services program for
children in Interior Alaska......................... 800,000
Tundra Swan Inhalant Abuse Treatment Center in Bethel,
Alaska for operational support...................... 1,500,000
Vocational Instruction Project Community Services in The
Bronx, New York for mental health and substance
abuse services, including services for families..... 300,000
The conference agreement includes $1,765,000,000 for the
Substance Abuse Performance Partnership, of which
$1,702,800,000 is budget authority and $62,200,000 is provided
through the PHS evaluation funding tap. H.R. 246 had proposed
$1,745,000,000 and the Senate proposed $1,785,000,000, of which
$62,200,000 was derived through the evaluation tap. The
conference agreement includes bill language establishing a
limitation of five percent of the performance partnership
appropriation for funding of data collection activities as
proposed by the Senate.
Center for Substance Abuse Prevention
The conference agreement includes $198,401,000 for
programs of regional and national significance instead of
$202,000,000 as proposed by H.R. 246 and $183,379,000 as
proposed by the Senate.
The conference agreement provides funds over the budget
request for Starting Early, Starting Smart and Community-
Initiated Prevention Intervention. $5,000,000 is included to
continue and expand the ecstasy program funded last year;
$10,000,000 is provided for FAS/FAE prevention and treatment
programs; and no less than last year's level is provided for
the National Clearinghouse for Alcohol and Drug Information.
The Starting Early, Starting Smart program has
demonstrated proven results in improving family management,
reducing drug and alcohol abuse, and improving child
development and resilience.
The conferees include the following amounts for the
following projects and activities in fiscal year 2003:
Children's Home of Easton Services Inc., Easton, PA for
at-risk youth counseling............................ $100,000
Community Health Centers in the Big Island of Hawaii for
a youth anti-drug program........................... 250,000
Fenway Community Health Center, Boston, Massachusetts,
to provide comprehensive health care, mental health,
and drug treatment services to low-income HIV and
AIDS patients....................................... 150,000
Hands Across Cultures in Espanola, New Mexico, for the
Black Tar Heroin Coalition.......................... 350,000
Institute for Research, Education, and Training in
Addictions, Pittsburgh, PA for treatment approaches
and health policy development....................... 250,000
Iowa State University in Ames, Iowa for the Rock in
Prevention program.................................. 300,000
Jefferson Parish, SE Louisiana Drug Prevention Education
program for students drug testing assessment,
counseling treatment, drug education, outreach
services and program evaluation..................... 500,000
Life Haven, Inc. in New Haven, Connecticut, for services
to promote resilence for homeless and other at-risk
children............................................ 350,000
Silver Spring Neighborhood Center for an alcohol,
tobacco and drug prevention program for youths...... 11,000
South Boston Community Health Center in South Boston,
Massachusetts for a substance abuse prevention
initiative.......................................... 200,000
Southeast Louisiana Drug Prevention and Education
Program in Jefferson, LA for student drug testing,
counseling, drug education, outreach and program
evaluation.......................................... 100,000
St. Francis House in Boston, MA to provide mental health
and substance abuse programs to the homeless........ 125,000
Start SMART Foundation, Bethlehem, PA for the expansion
of a pilot project to examine the distribution of a
saliva alcohol test................................. 225,000
Teen Court of Greater New Orleans to expand its Drug
Prevention program.................................. 50,000
University of South Dakota to continue the work of the
Consortium on Fetal Alcohol Syndrome regarding
development and testing of a prevention model for
women considered at-risk for abusing alcohol during
their childbearing years............................ 700,000
University of Vermont to disseminate a multimedia drug
abuse prevention program to middle school students
throughout the state................................ 50,000
Within the total provided for SAMHSA, $109,100,000 is for
activities that are targeted to address the growing HIV/AIDS
epidemic and its disparate impact on communities of color,
including African Americans, Latinos, Native Americans, Asian
Americans, Native Hawaiians, and Pacific Islanders. The
conferees expect SAMHSA to follow the fiscal year 2002 House
report regarding the disbursement of these funds.
Within the total funding for the Minority HIV/AIDS
Initiative, $8,000,000 is for the treatment of mental health
disorders related to HIV disease, including dementia, clinical
depression and chronic, progressive neurological disabilities
that often accompany HIV disease.
Within the total funding for the Minority HIV/AIDS
Initiative, $61,000,000 is to enhance the quality of services
and expand the service capacity of substance abuse treatment
programs with a history of providing services to high risk
communities of color that are severely impacted by substance
abuse and HIV/AIDS.
Within the total funding for the Minority HIV/AIDS
Initiative, $40,100,000 is to provide grants for planning and
services to organizations with a history of providing services
to high risk communities of color to enhance the quality of
services and to expand substance abuse prevention service
capacity in communities of color disproportionately impacted by
the HIV/AIDS epidemic.
Program Management
The conference agreement includes $86,467,000 for program
management, of which $12,000,000 is provided through the
evaluation set-aside. This is the same allocation as proposed
by the Senate. H.R. 246 proposed $91,467,000.
AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
Healthcare Research and Quality
The conference agreement includes $303,695,000 instead of
$298,745,000 as proposed by H.R. 246 and $308,645,000 as
proposed by the Senate. The agreement provides all these funds
through the policy evaluation set-aside. H.R. 246 had provided
$296,145,000 through the evaluation set-aside. The Senate had
provided these funds through budget authority. The conference
agreement also provides $5,000,000 for AHRQ bioterrorism
activities through the Public Health and Social Services
Emergency Fund.
The agreement provides $55,000,000 for reducing medical
errors as proposed by H.R. 246. The Senate provided
$60,000,000. The agreement provides $53,300,000 for health
insurance and expenditure surveys as proposed by the Senate
instead of $48,500,000 proposed in H.R. 246. The agreement
provides $2,700,000 for program management as proposed by the
Senate instead of $2,600,000 as proposed by H.R. 246.
The conference agreement does not permit the transfer of
$10,000,000 to the Department of Commerce for the Current
Population Survey. This is consistent with H.R. 246 and the
Senate bill.
CENTERS FOR MEDICARE AND MEDICAID SERVICES
Program Management
The conference agreement includes $2,581,672,000 for
program management instead of $2,550,488,000 as proposed by
H.R. 246 and $2,559,664,000 as proposed by the Senate. An
additional appropriation of $720,000,000 has been provided for
the Medicare Integrity Program through the Health Insurance
Portability and Accountability Act of 1996 as proposed by the
Senate rather than $700,000,000 as proposed by H.R. 246. A
citation for the Medicare, Medicaid and SCHIP Benefits
Improvement and Protection Act proposed by H.R. 246 is not
included in the conference agreement because more general
authorities are cited.
Research, Demonstration, and Evaluation
The conference agreement includes $74,194,000 for
research, demonstration, and evaluation instead of $68,400,000
as proposed by the Senate and $33,510,000 as proposed by H.R.
246.
Within the total provided, $40,000,000 is for Real Choice
Systems Change Grants to States. The conferees continue to
strongly support the Real Choice Systems Change grants and
expect CMS to provide expanded technical assistance to the
consumer task forces involved with the program by contracting
with a consortium of consumer controlled organizations for
people with disabilities. The conferees request the Secretary
to report on the activities and accomplishments of the
Community Living Exchange Cooperative by July 1, 2003.
The conferees are pleased with the currently ongoing
Prescription Continuity of Care and Emergency Department
Continuity of Care Projects and recommend their continuation.
The conferees are pleased with the demonstration project being
conducted at the Mind-Body Institute of Boston, Massachusetts,
and recommend its continuation.
The agreement includes bill language for the following
projects and activities for fiscal year 2003:
AIDS Healthcare Foundation in Los Angeles for a
demonstration of residential and outpatient
treatment facilities................................ $1,500,000
Bucks County Health Improvement Project, Langhorne,
Pennsylvania........................................ 500,000
Children's Hospice International demonstration program
to provide a continuum of care for children with
life-threatening conditions and their families...... 464,000
Children's Hospitals and Clinics of Minneapolis/St.
Paul, in partnership with the National Hospice and
Palliative Care Organization, for a demonstration
project to provide pediatric palliative care
education and consultation services................. 350,000
Community Catalyst Inc. in Boston, MA to expand a
benefits management program to improve the delivery
of healthcare benefits to low-income individuals.... 100,000
Cook County Illinois Bureau of Health Services, to
improve the management of the vulnerable patients
with poorly controlled diabetes..................... 75,000
County of Sacramento, California for implementation of
the SacAdvantage pilot program to increase
availability of health insurance for uninsured
workers and their dependents through premium
subsidies and purchasing pools...................... 700,000
Equip for Equality in Chicago, Illinois for a
demonstration project to document the impact of an
independent investigative unit to examine deaths and
serious allegations of abuse and neglect of people
with disabilities at facilities in Illinois......... 200,000
Hamot Medical Center, Erie, PA, for a demonstration
project for the evaluation of advanced illness
coordinated care for Medicare Beneficiaries......... 300,000
Hope House Day Care Center in Memphis, Tennessee for a
demonstration project on improving the overall well-
being of HIV positive children...................... 100,000
Hospice of Metro Denver in Denver, Colorado to establish
a clinical and training affiliation with the
University of Colorado's Health Science Center and
to develop cutting-edge palliative care practices... 500,000
Illinois Primary Health Care Association, in
Springfield, Illinois, to implement the Shared
Integrated Management Information System............ 350,000
Jefferson Area Board for Aging, Charlottesville,
Virginia, for continuation of the recruitment,
retention, training, and support of nursing
assistants.......................................... 100,000
Johns Hopkins School of Medicine, Baltimore, MD., for an
advanced respiratory Medicine project to study in-
home, self-administered high frequency chest wall
oscillation therapy................................. 100,000
Medical Care for Children Partnership, Fairfax,
Virginia, to provide outreach to increase access to
medical and dental care for children................ 130,000
The Breast Cancer Fund in San Francisco, California for
the ``Lifelines'' project to increase access to
breast cancer treatment for medically underserved
women (in collaboration with Shanti)................ 325,000
Medicare Contractors
The conference agreement includes $1,677,584,000 for
Medicare contractors instead of $1,675,084,000 as proposed by
H.R. 246 and $1,680,084,000 as proposed by the Senate. Within
the total provided, $12,500,000 is to support grants for State
Health Insurance Counseling and Assistance programs as proposed
by the Senate. The conferees recommend that CMS eliminate the
five percent cap on transferring funds between functions so
that contractors may have greater flexibility to manage their
resources to match programmatic needs.
Federal Administration
The conference agreement includes $575,497,000 for
Federal administration rather than $587,497,000 as proposed by
H.R. 246 and $556,783,000 as proposed by the Senate. The
agreement provides $13,000,000 for the Medicaid Healthy Start,
Grow Smart campaign.
The conferees direct that the Centers for Medicare and
Medicaid Services utilize data reflecting the current cost of
liability insurance to determine current Medicare payment
rates, including annual updates to the malpractice geographic
practice cost index.
The conferees are concerned about the widespread failure
of States to provide screening for lead poisoning to children
served by Medicaid, as required by Federal law. The conferees
expect CMS to provide national leadership to ensure Medicaid
lead screening consistent with age and risk factors recommended
by CDC. CMS is also encouraged to ensure Medicaid coverage of
environmental investigations, including analysis of samples to
identify lead hazards in the home of a poisoned child.
The conferees direct the Secretary of Health and Human
Services to review the Medicare Geographic Classification
Review Board's criteria for reclassification determinations
with respect to making payments to hospitals. The conferees
request the review to include a detailed analysis of
disparities among hospitals' reimbursement rates for hospitals
in metropolitan statistical areas that border on areas that
have higher wage indices; the difficulty hospitals face in
losing skilled medical personnel to neighboring areas with
urban classifications and higher wage and salary structures;
geographic and environmental impediments to traditional
community routes; the base costs on which the wage index is
applied; and the effect lower wage indices have on the quality
of care. The conferees expect the Secretary to report to the
Committees no later than May 30, 2003.
The conferees concur in the language in the Senate
explanatory statement requesting the Secretary to conduct a
comprehensive study of current literature and best practices to
determine the cost-effectiveness of behavioral-based weight
loss services. The conferees expect such a study to be
completed within six months of enactment of the appropriations
bill.
The conferees are agreed that the last paragraph under
CMS Program Management, Federal administration, in the Senate
explanatory statement, pertaining to a study of claims data, is
deleted.
The conferees urge CMS to promulgate regulations
establishing the same definition of ``audiologist'' for the
Medicaid program as is currently used in the Medicare program.
The conferees also note that both the Department of Veterans
Affairs and the Office of Personnel Management allow
participants in their respective health care programs direct
access to audiologists, and recommend that CMS adopt a policy
for Medicare consistent with these successful initiatives.
The conferees are concerned about the growing national
shortage of nursing and allied health professionals. This
concern is evidenced by the recent passage of the Nurse
Reinvestment Act of 2002. Medicare has historically paid a
share of the net costs of approved nursing and allied health
education costs associated with a nursing and allied health
education program operated by a hospital. The conferees are
particularly concerned about nursing and allied health
educational programs that cannot meet the regulations set forth
at 42 C.F.R. Sec. 413.85(f) solely as a result of regional
educational accrediting criteria. Given the shortage of nursing
and allied health professionals, the conferees support the
payment of costs on a reasonable cost basis for a hospital that
has historically been the operator of nursing and allied health
educational program(s) that qualified for Medicare payments
under 42 C.F.R. Sec. 413.85, but, solely in order to meet
educational standards, subsequently relinquishes some control
over the program(s) to an educational institution, which: meets
regional accrediting standards; is wholly owned by the
provider; and is supported by the hospital, i.e., the hospital
is incurring the costs of both the classroom and clinical
training portions of the program. Moreover, a hospital could
bear all the costs of the training but share curriculum control
with the educational institution. It was not the intent of
Congress in Section 6205 of Public Law 101-239 nor Section
4159(b) of Public Law 101-508 to preclude hospitals from
receiving reasonable cost pass-through payments for nursing and
allied health educational programs based solely on conflicting
accreditation educational standards.
ADMINISTRATION FOR CHILDREN AND FAMILIES
Refugee and Entrant Assistance
The conference agreement appropriates $446,724,000 as
proposed by H.R. 246 instead of $442,724, 000 as proposed by
the Senate. Within this amount, $151,121,000 is provided for
Social Services, as proposed in H.R. 246. The Senate bill
included $147,121,000 for this purpose.
The conferees recognize the importance of continued
educational support to schools with a significant proportion of
refugee children, consistent with previous support to schools
heavily impacted by large concentrations of refugees, and urge
the Office of Refugee Resettlement to support these efforts
should funding become available in the Social Services or other
accounts.
The agreement also includes $19,000,000 for increased
support to communities with large concentrations of refugees
whose cultural differences make assimilation especially
difficult justifying a more intense level and longer duration
of Federal assistance.
Children and Families Services Programs
The conference agreement includes $8,643,117,000 for
children and families services programs instead of
$8,467,062,000 as proposed by H.R. 246 and $8,648,884,000 as
proposed by the Senate.
Runaway youth
The conference agreement includes $90,567,000 for runaway
youth instead of $93,000,000 as proposed by the Senate and
$88,133,000 as proposed by H.R. 246. Within the funds provided,
$40,770,000 is available for the transitional living program
(TLP). The conference agreement includes these additional
resources to meet the needs of more young people in need of
services.
Child abuse
The conference agreement includes $34,066,000 for child
abuse discretionary programs instead of $26,351,000 as proposed
by H.R. 246 and the Senate. Within the funds provided for child
abuse prevention programs, the agreement includes the following
items:
AGAPE of Central Alabama, Inc., Montgomery, Alabama, for
their work with the children in need................ $70,000
Alameda County Social Service Agency, Alameda County,
California, for Another Road to Safety Program to
serve low to moderate risk families................. 440,000
Alaska Department of Health and Social Services, in
consultation with the Alaska Native Health Board,
the Municipality of Anchorage, Cook Inlet Tribal
Council, University of Alaska, and the Anchorage
Women's Commission to develop a comprehensive
statewide plan on................................... 600,000
Asian Pacific Women's Center, Inc., Los Angeles, CA.,
for Domestic Violence Transitional Housing program
to protect at risk children......................... 150,000
Boys and Girls Home of Nebraska Child Abuse Prevention
Program to provide statewide child abuse prevention
and counseling services to families................. 350,000
Catholic Community Services/Juneau Family Resource
Center in Alaska to address child abuse prevention
issues.............................................. 250,000
Center for Women and Families, Inc., Louisville,
Kentucky, for child abuse prevention programs....... 100,000
Child Welfare League of America, Inc., Washington, DC,
for study on Monitoring Safety of Children in Foster
Care................................................ 500,000
Childhelp USA, Fairfax, Virginia, to reduce the
incidence and severity of child abuse and enhance
the ability to investigate reports and meet the
needs of victims of child abuse..................... 250,000
Children's Village, Inc. in Pine Ridge, South Dakota to
serve children of the Oglala Sioux Tribe who are
abused and neglected and are removed from the care
of their parents.................................... 140,000
Communities against Domestic Violence, Falls Church, VA,
to prevent family violence in language-minority
communities......................................... 240,000
Homeless Prenatal Program, San Francisco, CA, for
services to at-risk children........................ 400,000
Nexus Diversified Community Services of Manteno,
Illinois, to enhance and expand its community-based
residential center for sexually abused youth........ 1,100,000
Mockingbird Society of Seattle, Washington to pilot a
model program for maintaining and stabilizing
children in the state foster care system............ 325,000
Ohel Children's Home and Family Services, Brooklyn, NY,
for a child abuse prevention program................ 300,000
Parents Anonymous of Iowa to expand child abuse
prevention services in Iowa......................... 50,000
Parents for Meghan's Law in Stony Brook, New York for
educational programs for victims of child abuse and
their families...................................... 100,000
State of Alaska for emergency housing for victims of
child abuse in Anchorage, Alaska.................... 250,000
State of Alaska Healthy Families/Better Beginnings home
visiting program for State of Alaska and regional
Native non-profit organizations..................... 2,000,000
Vanessa Behan Crisis Nursery, Spokane, Washington, to
create a national demonstration project............. 100,000
Compassion capital fund
The conference agreement includes $35,000,000 for the
compassion capital fund, instead of $30,000,000 as proposed by
H.R. 246 and $45,000,000 as proposed by the Senate.
Social services and income maintenance research
The conference agreement includes $34,937,000 for social
services and income maintenance research instead of $6,000,000
as proposed by H.R. 246 and the Senate. $6,000,000 of this
total is provided through the Public Health Service evaluation
funding tap as proposed by the Senate. The conferees note that
efforts undertaken through the State information technology
consortium have led to greatly improved systems communications
and compliance in both the TANF and child support enforcement
(CSE) programs. For TANF, the conferees have provided
$2,000,000 to permit the consortium to put in place a web-based
technology that allows for communications and interface within
States, across State borders, and between ACF and States. For
CSE, the conferees have provided $3,000,000 to launch the next
phase of the consortium's efforts to remove barriers to child
support collections and to improve the flow ofinformation
between agencies and the court system. The conferees also provide
funding for the following:
Alaska Children's Services program to serve needs of at
risk youth in Anchorage............................. $250,000
Bethesda Children's Home................................ 150,000
Clearbrook, Arlington Heights, Illinois................. 187,000
Concerned Citizens, Inc., Chicago, Illinois, for
Mother's House...................................... 250,000
Fathers Day Rally Committee, Philadelphia, PA for the
Rites of Passage program............................ 150,000
Good Shepherd Alliance, Inc., Leesburg, Virginia, for
Hand up to Self Sufficiency for the Homeless project 50,000
Gulf Coast Jewish Family Services, Inc., Clearwater,
Florida for Battered Immigrant and Refugee Women's
Project............................................. 500,000
National Energy Assistance Directors Association,
Washington, DC, for studies regarding home energy
assistance.......................................... 200,000
San Jose Office on Child Care, San Jose, CA, for pilot
program to increase access to child care resources.. 100,000
St. Elizabeth's Foundation in Baton Rouge, LA for an
adoption awareness campaign......................... 100,000
The Institute for Responsible Fatherhood and Family
Revitalization, PA., for the Philadelphia non-
custodial fatherhood program to reconnect fathers
with their children................................. 100,000
University of Alaska School of Social Work to evaluate
effectiveness of Alaska's child welfare system...... 750,000
Henry Hosea House in Kentucky for support of programs
that serve the homeless and needy................... 150,000
Developmental disabilities
For Developmental Disabilities, the conference agreement
includes $71,600,000 for State Councils instead of $69,800,000
as proposed by H.R. 246 and $72,200,000 as proposed by the
Senate. The conference agreement includes $36,500,000 for
protection and advocacy services instead of $35,000,000 as
proposed by H.R. 246 and $37,000,000 as proposed by the Senate.
It also includes $12,484,000 for special projects instead of
$11,734,000 as proposed by H.R. 246 and $12,734,000 as proposed
by the Senate. For university-affiliated programs, the
agreement includes $25,125,000 instead of $24,000,000 as
proposed by H.R. 246 and $25,500,000 as proposed by the Senate.
Native American programs
The conference agreement includes $45,754,000 for Native
American Programs, instead of $45,196,000 as proposed by H.R.
246 and $45,912,000 as proposed by the Senate. Within the total
the conferees provide funding for the following:
Blanket of Wellness program of Southeast Alaska Regional
Health Corporation and Central Council of Tlingit-
Haida Social Services to promote healthy development
of Alaska Native children in Southeast Alaska....... $200,000
Community services
The conference agreement includes $649,987,000 for the
community services block grant as proposed by the Senate
instead of $570,000,000 as proposed by H.R. 246. The conferees
believe that the activities funded by the Community Services
Block Grant program have made an important difference in the
lives of many of our citizens living in some of the more
economically depressed parts of our country. However, it has
come to the attention of the conferees that one or more States
may have accumulated sizeable unexpended balances of CSBG funds
and have failed to reallocate all such funds to other eligible
grantees, as authorized by the Community Services Block Grant
Act. The conferees request that the Secretary of Health and
Human Services provide to the Committees on Appropriations a
report detailing the levels of unexpended balances of Community
Services Block Grant funds in each State for the period of
fiscal year 1995 through fiscal year 2002 and a plan ensuring
that these funds are made available to grantees more
expeditiously in the future. The Secretary is requested to
provide this report by August 15, 2003.
The conference agreement also includes $32,759,000 for
economic development, instead of $32,517,000 as proposed by
H.R. 246 and $33,000,000 as proposed by the Senate. The
conferees also set aside $5,500,000 within the community
economic development program for the job creation demonstration
authorized under the Family Support Act.
The conference agreement includes $7,250,000 for Rural
Community Facilities instead of $7,000,000 as proposed by H.R.
246 and $7,500,000 as proposed by the Senate.
The conference agreement includes $7,329,000 for
community food and nutrition, instead of $6,657,000 as proposed
by H.R. 246 and $8,000,000 as proposed by the Senate.
Family violence prevention and services
The conference agreement includes $15,500,000 for runaway
youth prevention instead of $14,999,000 as proposed by H.R. 246
and $16,000,000 as proposed by the Senate.
The conference agreement includes $2,579,000 for the
domestic violence hotline instead of $2,157,000 as proposed by
H.R. 246 and $3,000,000 as proposed by the Senate.
The conference agreement also includes $127,230,000 for
Battered Women's Shelters instead of $124,459,000 as proposed
by H.R. 246 and $130,000,000 as proposed by the Senate.
Early learning opportunities
For the Early Learning Fund, the agreement includes
$34,000,000 instead of $38,000,000 as proposed by the Senate.
H.R. 246 did not include funding for this program.
Mentoring children of prisoners
The conference agreement includes $10,000,000 for
Mentoring Children of Prisoners instead of $12,500,000 as
proposed by the Senate. H.R. 246 did not include funding for
this newly proposed program.
Independent living training vouchers
The conference agreement includes $42,000,000 for
Independent Living Training Vouchers instead of $39,769,000 as
proposed by H.R. 246 and $60,000,000 as proposed by the Senate.
Program administration
The conference agreement includes $172,997,000 for
Program Direction instead of $171,837,000 as proposed by H.R.
246 and $171,747,000 as proposed by the Senate.
Promoting Safe and Stable Families
The conference agreement includes $100,000,000 for the
discretionary grant program of Promoting Safe and Stable
Families, instead of $70,000,000 as proposed by H.R. 246 and
$200,000,000 as proposed by the Senate.
ADMINISTRATION ON AGING
Aging Services Programs
The conference agreement includes $1,376,001,000 for
aging services programs instead of $1,355,844,000 as proposed
by H.R. 246 and $1,369,290,000 as proposed by the Senate.
The conference agreement includes $358,000,000 for
supportive centers, instead of $357,000,000 as proposed by H.R.
246 and $359,000,000 as proposed by the Senate.
The agreement also includes $22,062,000 for preventive
health services instead of $21,562,000 as proposed by H.R. 246
and $22,562,000 as proposed by the Senate. The conferees intend
that $5,500,000 be made available to expand medication
management, screening and education activities, including the
use of new medication management devices, to prevent incorrect
medication and adverse drug reactions among the elderly.
The conference agreement also includes $18,681,000 for
ombudsman/elder abuse prevention activities, instead of
$17,681,000 as proposed by H.R. 246 and $19,681,000 as proposed
by the Senate. The conferees intend that the $1,000,000
increase over last year's level should be made available for
the Long-Term Ombudsman Program. That will allow the program to
hire additional staff, expand public information and education
campaigns and upgrade technology.
The agreement also includes $6,250,000 for Native
American caregivers instead of $6,000,000 as proposed by H.R.
246 and $6,500,000 as proposed by the Senate.
The conference agreement includes $387,108,000 for
congregate meals; $182,169,000 for home delivered meals; and
$149,000,000 for the nutrition services incentives program. The
conference agreement amends the Older Americans Act and
transfers the Nutrition Services Incentives Program from the
U.S. Department of Agriculture to the Administration on Aging
within the U.S. Department of Health and Human Services and
maintains access to commodities within USDA.
The agreement includes $40,521,000 for aging research,
training and demonstrations instead of $27,837,000 as proposed
by H.R. 246 and the Senate. The conferees continue to support
funding at no less than last year's level for national programs
scheduled to be refunded in fiscal year 2003 that address a
variety of issues, including elder abuse, Native American
issues and legal services. The conferees also include the
following amounts under aging research, training, and
demonstrations:
Champions for Change, Flossmoor, IL, for a Senior
Wellness Program.................................... $100,000
Champlain Senior Center in Burlington, VT, to support
its seniors and technology initiative............... 75,000
Coalition of Wisconsin Aging Groups in Madison,
Wisconsin, to provide assistance and education to
the legal community and the public about elder
financial abuse..................................... 100,000
Commission on Jewish Eldercare Services, Bloomfield
Hills, Michigan, to reach out to additional seniors
in Oakland County who require services in order to
remain living independently......................... 450,000
Comprehensive Housing Assistance, Inc., Baltimore, MD,
for demonstration project on Naturally Occurring
Retirement Communities to the Baltimore Jewish
Naturally Occurring Retirement Community............ 524,000
Dale County, Alabama, Senior Citizens Center............ 40,000
Des Moines University in Des Moines, Iowa for a survey
of geriatric health needs,.......................... 500,000
Generations of Hope, Rantoul, Illinois, to begin the
process of replicating the Hope Meadows model
nationally.......................................... 500,000
Greater Miami Jewish Federation, Inc., for a Naturally
Occurring Retirement Community project for seniors
living independently................................ 500,000
Hickman County Senior Center, Clinton, Kentucky, to
provide educational services to seniors population.. 25,000
Iowa Department of Elder Affairs Seamless System to
continue the integration of senior programs. In
administering this award, the AoA and CMS should
continue to provide the technical assistance and
related support necessary to develop and implement
program............................................. 1,000,000
Iowa State University, Ames, Iowa, for Universal Kitchen
Design project...................................... 300,000
Jewish Family and Children's Service, Minneapolis, MN,
for program for seniors in Naturally Occurring
Retirement Community................................ 1,200,000
Jewish Family Children's and Children's Service of
Greater Philadelphia for Naturally Occurring
Retirement Communities (NORCs)...................... 250,000
Jewish Family Service of Los Angeles, CA, for project to
assist seniors living independently................. 500,000
Jewish Federation of Greater Atlanta, Atlanta, Georgia.. 100,000
Jewish Federation of Greater Washington to establish a
Naturally Occurring Retirement Communities (NORCs)
demonstration project providing supportive services
to seniors.......................................... 850,000
Jewish Federation of Metropolitan Chicago, Chicago, IL,
for services to elderly residents in Naturally
Occurring Retirement Community...................... 250,000
Jewish Federation of Nevada for a demonstration project
to develop innovative models of community-based
health and social service provision for older
Americans........................................... 650,000
Maria-Madeline Project, Oak Park, MI, for the Experience
Senior Power Program to help underprivileged seniors
bridge the digital gap.............................. 120,000
Mecklenburg County, North Carolina, Nutrition 2000
program to help provide nutritional care for
homebound frail senior citizens..................... 700,000
Metropolitan Family Services, Chicago, IL, for the
Seniors Raising Children program.................... 225,000
National Center for Seniors' Housing Research, Upper
Marlboro, MD, for research and development of smart-
aging solutions..................................... 250,000
Northern Michigan University, Marquette, MI, for the
Center for Gerontological Studies................... 200,000
Rebuilding Together with Christmas in April, Washington,
DC, for Safe at Home................................ 400,000
Southcare Home Services to establish a pilot program on
home-based care for low-income elderly individuals.. 500,000
St. Louis Area Agency on Aging, St. Louis, MO, for the
Senior Center Healthcare Coordinator Program........ 150,000
St. Luke Lutheran Community, North Canton, Ohio, Quality
of Care demonstration to assist older adults with
living and independent living in Canton and Stark
County.............................................. 250,000
St. Mark Professional Medical Center, Ltd., Harvey, IL,
for Project New Start............................... 100,000
The Carolinas Center for Hospice and End of Life Care,
Cary, NC, for development of national data
collection system................................... 250,000
The Jewish Federation of Greater Albuquerque for the New
Mexico NORC demonstration........................... 225,000
United Jewish Federation of Greater Pittsburgh for the
Jewish Association on Aging, Pittsburgh, PA, for
Naturally Occurring Retirement Communities.......... 250,000
University of Indianapolis, Indianapolis, IN, for Center
for Aging and Community project to help seniors cope
with chronic conditions of aging.................... 200,000
University of South Florida, Tampa, FL, for the Florida
Policy Exchange Center on Aging..................... 400,000
Visiting Nurse Association Healthcare Partners of Ohio,
Cleveland, Ohio, for Healthy Town program for
Seniors............................................. 500,000
Westchester County Department of Senior Programs and
Services, Mt. Vernon, NY, for development of
automated call program for home-bound seniors....... 50,000
The conference agreement includes $13,500,000 for the
Alzheimer's Initiative instead of $11,500,000 as proposed by
H.R. 246 and $14,000,000 as proposed by the Senate. The
conferees intend that $1,000,000 of this funding be used to
support an Alzheimer's family contact center for round-the-
clock help to Alzheimer's families in crisis.
OFFICE OF THE SECRETARY
General Departmental Management
The conference agreement includes $367,215,000 for
general departmental management instead of $358,451,000 as
proposed by H.R. 246 and $374,386,000 as proposed by the
Senate, along with $5,851,000 from Medicare trust funds. In
addition, the agreement provides $21,552,000 in program
evaluation funds as proposed by H.R. 246. The Senate did not
provide for evaluation funds in this account.
The conferees have not approved the proposed
consolidation of all public affairs and legislative affairs
funds and functions in the Office of theSecretary. As a result,
the conference agreement includes neither the $27,793,000 requested to
transfer staff from the operating divisions to the Office of the
Secretary nor the proposed bill language to transfer funds from
accounts of the National Institutes of Health and the Agency for
Healthcare Research and Quality for the purpose of consolidating all of
HHS legislative and public affairs activities within the Office of the
Secretary.
The conferees include the amounts for the following
projects and activities in fiscal year 2003 listed below.
ARCH National Resource Center on Respite and Crisis
Services in Chapel Hill, North Carolina, to expand
training, technical assistance, evaluation and
networking expertise in respite care................ $100,000
Community Transportation Association of America for TA
to human services transportation providers on ADA
requirements........................................ 1,000,000
National Congress of State Games for the improvement and
expansion of the Summer Senior Olympic games in
Pennsylvania and other states....................... 100,000
Palmer College on Chiropractice, Consortial Center for
Chiropractic Research in Davenport, Iowa, and the
Policy Institute for Integrative Medicine in
Philadelphia, PA for a best practices initiative on
lower back pain..................................... 100,000
The conferees direct that responses to specific
information requests from the chairman and ranking member of
the Subcommittees on Labor, Health and Human Services, and
Education, and Related Agencies, on scientific research or any
other matter, shall be transmitted to the Committees on
Appropriations in a prompt, professional manner and within the
time frame specified in the request. The conferees further
direct that scientific information requested by the Committees
on Appropriations and prepared by government researchers and
scientists be transmitted to the Committees on Appropriations,
uncensored and without delay.
Within the total provided, $4,000,000 is for the United
States-Mexico Border Health Commission as proposed by the
Senate. H.R. 246 did not specify an amount for the Commission.
The agreement provides $31,124,000 for the adolescent
family life program as proposed by H.R. 246 and the Senate. The
agreement includes bill language earmarking $11,885,000 under
the adolescent family life program for activities specified
under section 2003(b)(2) of the Public Health Service Act, of
which $10,157,000 shall be for prevention grants under section
510(b)(2) of Title V of the Social Security Act, without
application of the limitation of section 2010(c) of Title XX of
the Public Health Service Act.
The agreement provides $56,592,000 for minority health
instead of $46,329,000 as proposed by the Senate and
$43,057,000 as proposed by H.R. 246. Within the total provided
for the Office of Minority Health, $11,700,000 is to promote an
effective culturally competent and linguistically appropriate
public health response to the HIV/AIDS epidemic. Funds are to
be allocated based on HIV/AIDS program priorities identified in
the previous fiscal year as well as new priorities as funding
permits.
The conferees instruct the Secretary to provide a report
to the Appropriations Committees by October 15, 2003 detailing
how each of the HHS agencies and offices receiving funding
under the Minority HIV/AIDS Initiative have distributed this
funding. This report shall include a list of the agencies/
organizations receiving MHAI funded grants and sub grants,
demonstrate how the participation of minority community-based
organizations has been maximized, and the extent to which the
funded agencies'/organizations' board, management and key staff
are representative of the minority communities served, situated
closest to the targeted problem, have a history of providing
services to these communities, and have documented linkages to
the targeted populations.
The conferees continue to recognize the importance of
OMH's partnerships with minority health professions
institutions. Specifically, the conferees encourage OMH to
continue its successful cooperative agreement with Meharry
Medical College aimed at meeting the challenges of academic
opportunity for disadvantaged students and improving health
care for underserved communities. In addition, the conferees
strongly encourage OMH to give priority consideration to
partnering with the MorehouseSchool of Medicine to plan for its
continued strategic growth and development.
The conferees include the amounts for the following
projects and activities in fiscal year 2003 listed below.
African Heritage, Inc. in Appleton, Wisconsin to improve
the health status of African American residents
through a community-based referral and counseling
program............................................. $50,000
Dimock Community Health Center, Boston, Massachusetts,
for the continuation and expansion of a minority
diabetes management program......................... 150,000
Glaucoma Caucus Foundation.............................. 450,000
Jersey City Family Health Center in Jersey City, New
Jersey for a demonstration project to improve
chronic disease prevention.......................... 100,000
National Hispanic Medical Association in Washington,
D.C. for a program of research, education, training
and information dissemination focused on health
issues and barriers to care facing Hispanic
populations......................................... 400,000
Northern Virginia Hospice, Fairfax, Virginia, to provide
bereavement services and increased outreach to
children and adults in low-income and non-English
speaking communities................................ 800,000
Saint Thomas Hospital in Nashville, Tennessee to expand
service in disadvantaged areas for rapidly growing
health care needs................................... 250,000
San Francisco Department of Public Health in San
Francisco, California to enhance its system of HIV
care and related services for persons of color and
women............................................... 750,000
Sisters Network in Houston, Texas, for an educational
and outreach program on breast cancer targeted to
African-American women.............................. 150,000
South End Community Health Center, Boston,
Massachusetts, to expand mobile health care services
to low-income minority populations in Boston........ 150,000
South Texas Community College in McAllen, Texas for the
Milagros Center of Excellence in Migrant Health..... 500,000
Springfield Regional Outpatient Cancer Center for cancer
screening program................................... 200,000
Strelitz Diabetes Institute at Eastern Virginia Medical
School in Norfolk, Virginia for research regarding
prevalence of diabetes in minority populatons, early
detection and intervention mechanisms, and barriers
to early diagnosis and care......................... 150,000
The Maryland Center at Bowie State University in Bowie,
Maryland, for a national program and resource center
to address behavioral health and lifestyle education
issues of African American and Latino seniors....... 150,000
University of Medicine and Dentistry of New Jersey in
New Brunswick, New Jersey for its Institute for the
Elimination of Health Disparities................... 430,000
University of South Carolina, Arnold School of Public
Health in Columbia, South Carolina for development
and implementation of an Institute for African
American Faculty Development in Public Health....... 350,000
University of Texas Disease Management Center, San
Antonio, Texas, for clinical research to evaluate
systems of disease management with a diverse
population.......................................... 2,800,000
University of Texas Health Science Center at San Antonio
for a Hispanic Nutrition Research and Education
program............................................. 100,000
University of Texas Southwestern Medical Center (in
cooperation with UT Dallas) for a program to recruit
minority students into the field of sickle cell
disease research (including outreach, mentoring,
and/or scholarships and fellowships)................ 150,000
Wholistic Family Agape Ministries Institute in
Alexandria, Virginia for HIV/AIDS prevention and
education and teen pregnancy prevention services.... 138,000
Esther's Pantry, Portland, Oregon, for services and
education for HIV positive Individuals.............. 45,000
The agreement provides $28,845,000 for the office of
women's health instead of $28,795,000 as proposed by the Senate
and $26,761,000 as proposed by H.R. 246. The conferees include
the amount for the following project in fiscal year 2003 listed
below.
Oregon Health Sciences University Center on Women's
Health to improve women's healthcare................ $50,000
The conferees provide $50,000,000 for the minority HIV/
AIDS Initiative, as proposed by both H.R. 246 and the Senate.
The conferees are concerned about the adequacy of the
supply and production capacity for the anthrax vaccine
currently available in the U.S. to protect civilian populations
from the demonstrated threat of anthrax. The Secretary of the
Department of Health and Human Services is encouraged to
consult with other appropriate Federal and State agencies and
non-governmental organizations representing workers with a
higher risk of exposure to anthrax and provide an assessment of
the immediate potential combined national biodefense and short-
term preparedness need for anthrax vaccine. The assessment
should encompass the need for: immunizing civilian laboratory
workers, first responders and other at risk populations of
exposure to anthrax; providing sufficient vaccine stockpiles
for assuring public health preparedness to respond to anthrax
attacks; and providing additional production capacity as a
safeguard against an event which could result in a halt in
current vaccine production. The Secretary is further requested
to submit a report to the House and Senate Appropriations
Committees within 60 days after enactment of this bill, which
includes the assessment of the combined potential need and
options for assuring both a multiple-year vaccine supply and
expansion of licensed vaccine production.
The conferees encourage the Secretary to establish a
Federal Working Group on Lupus to be comprised of
representatives from all relevant HHS agencies and other
Federal departments having an interest in lupus. The Working
Group should meet periodically for the purpose of exchanging
information and coordinating Federal efforts regarding lupus
research and education initiatives.
The conferees are concerned about the lack of mechanisms
to insure and deliver psychosocial care to patients with
cancer. Reports by the Institute of Medicine show that
appropriate psychosocial care is an important contributor to
quality of cancer care, but such care is not routinely
available or consistently reimbursed. The conferees urge the
Secretary, through relevant agencies such as NIMH, SAMHSA and
AHRQ, to study the delivery of psychosocial services to cancer
patients and report on the services available, who has access
to them, who uses them, how they are reimbursed, and the
effectiveness of specific interventions.
The conferees encourage the Secretary in conjunction with
the CDC and the relevant NIH institutes to assess the benefits
of a system providing nationwide access for physicians to a
multi-media Internet site with webcast and media response
capability. This type of system would allow the nation's
primary care providers to receive Federal news and alerts.
The conferees request a report from the Department
regarding its implementation of the revised guidance from the
Department of Justice on limited English proficiency. This
report should address the purpose and objectives of this
policy, as well as any funding for services provided to
implement the guidance, including publications, web site
construction costs, and language line contracts.
Office of Inspector General
The conference agreement includes $37,300,000 for the
Office of Inspector General as proposed by H.R. 246 instead of
$39,747,000 as proposed by the Senate.
Retirement Pay and Medical Benefits for Commissioned Officers
The conference agreement includes language proposed by
the Senate directing that health care benefits of retired
Commissioned Corps officers be paid from this account rather
than the accounts from the Public Health Service to which they
were assigned. H.R. 246 did not include a similar provision.
Public Health and Social Services Emergency Fund
The conference agreement includes $2,246,680,000 for the
Public Health and Social Services Emergency Fund (PHSSEF) to
enhance Federal, State, and local preparedness to counter
potential biological, disease, chemical, and radiological
threats to civilian populations, instead of $2,255,980,000 as
proposed by the Senate. H.R. 246 included $2,507,184,000 for
the PHSSEF.
The agreement also includes bill language included in
H.R. 246 to allow the Secretary to transfer amounts specified
in the account between categories subject to normal
reprogramming procedures. The Senate bill contained no similar
provision.
The conference agreement modifies the placement of bill
language proposed by the Senate exempting from any personnel
ceiling applicable to the Agency, Service, or the Department of
Health and Human Services both civilians and Commissioned
Officers detailed to States, municipalities or other
organizations under authority of Section 214 of the Public
Health Service Act for purposes related to homeland security
during their period detail or assignment. The agreement places
the bill language within this account, instead of within the
account for the Centers for Disease Control and Prevention as
proposed by the Senate.
Within the amount provided: $1,543,440,000 is for the
Centers for Disease Control and Prevention; $546,000,000 is for
the Health Resources and Services Administration; $152,240,000
is for the Office of the Secretary; and $5,000,000 is for the
Agency for Healthcare Research and Quality.
The conferees note that funds requested within this
account for the Substance Abuse and Mental Health Services
Administration, Poison Control, and Emergency Medical Services
for Children have been provided within the accounts of their
respective agencies. This brings the comparable total for the
Public Health and Social Services Emergency Fund to
$2,298,680,000.
Within the amounts available to the Centers for Disease
Control and Prevention (CDC): $940,000,000 is for State and
Local Preparedness, $143,700,000 is for Upgrading CDC Capacity;
$300,000,000 is for the National Pharmaceutical Stockpile;
$100,000,000 is for Smallpox Vaccine, $20,000,000 is for
security; $18,040,000 is for the third year of a collaborative
research program on anthrax vaccine; $10,700,000 is for
Planning for Preparedness Response; $4,000,000 is for
Deterrence; and $2,000,000 is to continue to discover, develop,
and transition anti-infective agents to combat emerging
diseases. The conference agreement also includes an increase of
$5,000,000 for Public Health Preparedness Centers as proposed
by the Senate.
The conferees understand that any countermeasures
recommended by the Federal government pursuant to the Homeland
Security Act (including, but not limited to vaccines) would be
made available to civilians on a voluntary basis. Nothing in
the Homeland Security Act would allow the Federal government to
mandate the administration of a covered countermeasure to
civilians.
The conferees concur with language in the Senate
explanatory statement urging the Director to move expeditiously
to analyze CDC's communication mechanisms and develop a
comprehensive plan to ensure the fast, accurate, and accessible
flow of information to the relevant health and public safety
professionals and to the public. The conferees request that the
Director report to the Committees on Appropriations within 6
months of enactment of this Act regarding the specific plan of
action resulting from this review.
The conferees understand that the CDC plans to study both
the health effects of anthrax exposure and of measures taken to
treat or prevent anthrax infection. The conferees request the
CDC report to the Committees within 90 days on its plan for
these studies.
Within the funds available to the Health Resources and
Services Administration (HRSA) is $518,000,000 for Hospital
Preparedness and $28,000,000 to provide educational incentives
for medical school curriculum. The conferees encourage HRSA to
consider requiring that a statewide assessment of emergency
medical services preparedness needs in the event of a public
health emergency and a plan to address those needs be part of
the State application for hospital preparedness funds.
The agreement includes $2,000,000 within funds provided
to the Office of Public Health and Science for activities
related to the transformation and modernization of the Public
Health Service Commissioned Corps.
The conferees encourage the Department of Health and
Human Services to give priority to the study of plants as
vehicles for the production of vaccines.
The conferees request the Department to submit a report
to the Committees on Appropriations within 45 days of enactment
of this Act detailing the amounts of fiscal year 2002 State and
Local Preparedness funds that:
(a) Each State spent, or plans to spend, to directly
benefit or improve local public health capacity; and
(b) The amount each State has directly granted to local
public health agencies.
General Provisions
SECRETARY'S RECEPTION EXPENSES
The conference agreement includes a provision increasing
the limit on the Secretary's entertainment expenses to $50,000
from $37,000 as proposed by the Senate. H.R. 246 included a
provision retaining this limit at $37,000.
EVALUATION TAP
The conference agreement includes a provision to allow
for a 2.1 percent evaluation tap pursuant to section 241 of the
Public Health Service Act. This tap is to be applied to
programs authorized under the Public Service Act. H.R. 246 and
the Senate bill contained a provision to allow for a 1.25
percent evaluation tap. The Senate bill proposed allowing a tap
of funds authorized under the Public Health Service Act and
other acts. H.R. 246 proposed allowing a tap of funds on funds
authorized under the PHS Act.
TRANSFER AUTHORITY
The conference agreement includes language permitting the
Secretary of HHS to transfer up to one percent of discretionary
funds between appropriations, with up to an additional 2
percent subject to approval of the Appropriations Committees.
The traditional language is retained that permits the transfer
of funds appropriated for HHS in this Act and any other acts as
proposed by H.R. 246. The Senate bill proposed the transfer of
funds appropriated only under this Act.
REFUGEE STATUS OF CERTAIN PERSECUTED GROUPS
The conference agreement includes a provision proposed by
the Senate to extend the refugee status for persecuted
religious groups. H.R. 246 contained no similar provision.
GLOBAL HIV/AIDS TRANSFER FUND
The conference agreement does not include a general
provision proposed by H.R. 246 to transfer $100,000,000 from
the National Institutes of Health as allocated by the Director
of NIH to International Assistance Programs, ``Global Fund to
Fight HIV/AIDS, Malaria, and Tuberculosis''. The conference
agreement provides for this transfer within the National
Institute of Allergy and Infectious Disease as proposed by the
Senate.
CENTERS FOR DISEASE CONTROL AND PREVENTION INTERNATIONAL ACTIVITIES
The general provision included in both H.R. 246 and the
Senate bill relating to authorities to carry out international
health activities is amended to clarify the relationship
between the Department of Health and Human Services and the
Department of State in supporting employees and providing
secure facilities overseas.
OLDER AMERICANS NUTRITION PROGRAMS
The conference agreement includes a provision proposed by
the Senate to amend the Older Americans Act and transfer the
Nutrition Services Incentives Program from its current location
in the U.S. Department of Agriculture to the Administration on
Aging within the U.S. Department of Health and Human Services.
The language also maintains access to commodities within USDA.
H.R. 246 contained no similar provision.
PARKINSON'S DISEASE RESEARCH CENTERS
The conference agreement includes language proposed by
the Senate overriding the Public Health Service Act limit on
the number of Parkinson's disease research centers that may be
supported by the National Institutes of Health. H.R. 246
contained no similar provision.
LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
The conference agreement includes a provision that
transfers $100,000,000 in LIHEAP emergency funds to the regular
formula program. The Senate bill included a transfer of
$300,000,000 in LIHEAP emergency funds to the regular formula
program. H.R. 246 contained no similar provision. Between
passage of the Senate bill and conference, the Department of
Health and Human Services released $200,000,000 in LIHEAP
emergency funds; this conference agreement includes a transfer
of the full $100,000,000 remaining in the emergency account to
the regular formula program. It is the intent of the conferees
that these funds, in addition to the $1,700,000,000 in new
budget authority provided in this Act, shall be allocated under
the regular state grant formula, providing a program level of
$1,800,000,000 for the fiscal year 2003.
NURSE REINVESTMENT ACT FUNDING
The conference agreement does not include a general
provision proposed by the Senate providing an additional
$20,000,000 for activities authorized under the Nurse
Reinvestment Act. The conference agreement instead incorporates
this funding into the regular appropriation provided for the
Health Resources and Services Administration. H.R. 246
contained no similar provision.
GRANTS FOR THE PURCHASE OF ULTRASOUND EQUIPMENT
The conference agreement does not include a general
provision proposed by the Senate authorizing a new HHS grants
program to purchase ultrasound equipment. H.R. 246 contained no
similar provision.
HEAD START
The conference agreement includes a provision proposed by
the Senate to exempt the Head Start program from the across-
the-board reduction. H.R. 246 contained no similar provision.
TITLE III--DEPARTMENT OF EDUCATION
Education for the Disadvantaged
The conference agreement includes $13,853,400,000 for
Education for the Disadvantaged instead of $12,936,900,000 as
proposed by H.R. 246 and $18,178,400,000 as proposed by the
Senate. The agreement includes advance funding for this account
of $9,027,301,000 instead of $6,883,301,000 as proposed by H.R.
246 and $8,627,301,000 as proposed by the Senate.
Title I: Grants to LEAs
For Grants to Local Educational Agencies (LEAs) the
agreement provides $11,750,000,000 instead of $10,850,000,000
as proposed by H.R. 246 and $16,350,000,000 as proposed by the
Senate. The conference agreement includes $7,172,971,000 for
basic grants and $1,365,031,000 for concentration grants. The
agreement also includes $1,670,239,000 for targeted grants, and
$1,541,759,000 for education finance incentive grants.
Concentration grants, targeted grants, and incentive grants are
all provided on an advance-funded basis.
H.R. 246 proposed $7,172,971,000 for basic grants,
$1,365,031,000 for concentration grants, $1,518,499,000 for
targeted grants and $793,499,000 for education finance
incentive grants. The Senate bill proposed $7,172,971,000 for
basic grants, $1,365,031,000 for concentration grants,
$1,405,999,000 for targeted grants, and $1,405,999,000 for
education finance incentive grants.
Even Start and Literacy
The conference agreement includes $250,000,000 for the
Even Start program as proposed by H.R. 246 instead of
$200,000,000 as proposed by the Senate.
The conference agreement also includes $12,500,000 for
Literacy through School Libraries as proposed by H.R. 246
instead of $15,000,000 as proposed by the Senate.
Migrant and Neglected & Delinquent Education
The conference agreement includes $398,000,000 for the
migrant education program instead of $396,000,000 as proposed
by H.R. 246 and $400,000,000 as proposed by the Senate. The
agreement also includes $49,000,000 for neglected and
delinquent youth instead of $48,000,000 as proposed by H.R. 246
and $50,000,000 as proposed by the Senate.
Comprehensive School Reform
The conference agreement includes $235,000,000 for
comprehensive school reform (CSR) authorized under part F of
the No Child Left Behind Act as proposed by H.R. 246. The
Senate bill did not include funds for this activity.
The conferees urge the Department to work vigorously with
the States to ensure that States award CSR funds for those
comprehensive school reform models that have the strongest
evidence of positive effects on student achievement. In
addition, the conferees encourage the Department to clarify in
its guidance to States that middle and high schools, as well as
elementary schools, are eligible to receive CSR grants.
The conferees are concerned about the Department's delay
in the release of fiscal year 2002 funds--appropriated more
than a year ago--that are reserved for quality initiatives
under the comprehensive school reform program, as authorized
under section 1608 of the Elementary and Secondary Education
Act. The conferees strongly urge the Department to
expeditiously make these funds available for these important
quality initiatives. These activities will expand the
availability of independent, credible, and timely information
to schools, districts and other consumers on the effectiveness
and quality of selected comprehensive school reforms. Further,
these activities will enhance the ability of providers of CSR
models to deliver services at a national scale (by providing
innovative financial support to improve educational services,
solid business planning, and other technical assistance). In
addition, the conferees expect the Department to utilize the
entire three percent set-aside authorized under section 1608 in
fiscal year 2003, to continue funding these quality improvement
activities, and to fund those organizations most suited to
carry out these activities. The conferees expect to be
consulted prior to the release of these funds for fiscal year
2003.
Dropout Prevention, Advanced Placement Fees and Migrant Programs
The conference agreement includes $11,000,000 for dropout
prevention programs, instead of $13,000,000 as proposed by the
Senate. H.R. 246 did not provide funding for this program.
The conference agreement also includes $23,500,000 for
advanced placement fees instead of $22,000,000 as proposed by
H.R. 246 and $25,000,000 as proposed by the Senate. The
conference agreement also includes $23,500,000 for high school
equivalency program instead of $23,000,000 as proposed by H.R.
246 and $24,000,000 as proposed by the Senate and $15,500,000
for college assistance migrant program instead of $15,000,000
as proposed by H.R. 246 and $16,000,000 as proposed by the
Senate.
IMPACT AID
The conference agreement includes $1,196,000,000 for the
Impact Aid programs instead of $1,185,000,000 as proposed by
H.R. 246 and $1,176,500,000 as proposed by the Senate. Within
this amount, $1,032,000,000 is provided for basic support
payments instead of $1,022,000,000 as proposed by H.R. 246 and
$1,012,500,000 as proposed by the Senate; $51,000,000 is
provided for payments for children with disabilities instead of
$50,000,000 as proposed by H.R. 246 and $52,000,000 as proposed
by the Senate; $45,000,000 is provided for construction as
proposed by H.R. 246 instead of $47,000,000 as proposed by the
Senate; and $60,000,000 is provided for payments for federal
property as proposed by H.R. 246 instead of $57,000,000 as
proposed by the Senate.
School Improvement Programs
The conference agreement includes $8,052,957,000 for
School Improvement Programs instead of $7,347,584,000 as
proposed by H.R. 246 and $7,788,329,000 as proposed by the
Senate. The agreement provides $6,287,957,000 in fiscal year
2003 and $1,765,000,000 in fiscal year 2004 funding for this
account.
Improving Teacher Quality
The conference agreement includes $2,950,000,000 for
State grants for improving teacher quality as proposed by H.R.
246 instead of $2,850,000,000 as proposed by the Senate. Of
this amount, $1,150,000,000is provided as a fiscal year 2004
advance as proposed by the Senate instead of $1,650,000,000 as proposed
by H.R. 246.
The conference agreement also includes $12,500,000 for
school leadership activities instead of $10,000,000 as proposed
by H.R. 246 and $15,000,000 as proposed by the Senate. The
agreement also includes $15,000,000 for the early childhood
educator professional development grants program, as proposed
by the Senate. H.R. 246 did not include funding for this
activity.
The conference agreement also includes $101,000,000 for
math and science partnerships, instead of $100,000,000 as
proposed by H.R. 246 and $25,000,000 as proposed by the Senate.
The conference agreement includes $29,000,000 for the Troops-
to-Teachers program instead of $30,000,000 as proposed by H.R.
246 and $20,000,000 as proposed by the Senate. The agreement
also includes $42,000,000 for Transition to Teaching instead of
$47,000,000 as proposed by H.R. 246 and $35,000,000 as proposed
by the Senate.
The agreement also includes $23,000,000 for the Ready to
Learn program instead of $22,000,000 as proposed by H.R. 246
and $24,000,000 as proposed by the Senate, and $62,500,000 for
teacher training in technology as proposed by the Senate, H.R.
246 did not include funding for this activity.
Safe and Drug Free Schools
The conference agreement includes $628,213,000 for the
Safe and Drug Free Schools and Communities Act instead of
$644,250,000 as proposed by both H.R. 246 and the Senate.
Included within this amount is $472,017,000 for State
grants as proposed by H.R. 246 instead of $482,017,000 as
proposed by the Senate.
The agreement also includes $156,196,000 for national
programs instead of $172,233,000 as proposed by H.R. 246 and
$162,233,000 as proposed by the Senate.
The conferees include $30,000,000 within the amount for
national programs for initiatives to improve school safety and
security, as proposed in the fiscal year 2003 request. These
funds should focus on strengthening school emergency response
and crisis management plans; training school personnel,
students and parents in emergency response procedures; and
coordinating with local law enforcement, public safety, health
and mental health agencies--continuing an initiative begun by
Congress in fiscal year 2002. The agreement also includes
$5,000,000 for Project SERV as proposed by the Senate instead
of $10,000,000 as proposed in H.R. 246.
Modifications made to the Safe and Drug Free Schools
Program in section 4114(a)(1) of the No Child Left Behind Act
may have created dramatic changes in funding for some LEAs. The
conferees understand that no data have been compiled to show
the nationwide breakdown of these funding changes at the LEA
level. Therefore, the conferees request that the Department
gather this information and report back to Congress no later
than May 1, 2004 with its findings.
Credit Enhancement for Charter Schools
The conference agreement includes $25,000,000 for credit
enhancement for charter schools instead of $50,000,000 as
proposed by H.R. 246. The Senate bill did not include funding
for this activity.
Public School Choice
The conference agreement includes $26,000,000 to support
voluntary public school choice programs instead of $25,000,000
as proposed by H.R. 246 and $27,584,000 as proposed by the
Senate.
Education for Homeless Children and Youth
The conference agreement includes $55,000,000 for
Education for Homeless Children and Youth as proposed by H.R.
246 instead of $54,000,000 as proposed by the Senate.
Education of Native Hawaiians
The conference agreement includes $31,000,000 for the
Education of Native Hawaiians instead of $32,500,000 as
proposed by the Senate and $18,300,000 as proposed by H.R. 246.
The agreement also includes language to allow funds under this
program to be used for construction, renovation and
modernization of any elementary school, secondary school, or
structure related to an elementary school or secondary school
run by the Department of Education of the State of Hawaii that
serves a predominantly Native Hawaiian student body. Neither
H.R. 246 nor the Senate bill contained this provision. The
conferees urge the Department to provide $500,000 for school
construction/renovation and at least $500,000 for early
childhood education.
Alaska Native Educational Equity
The conference agreement includes $31,000,000 for the
Alaska Native Educational Equity program instead of $32,500,000
as proposed by the Senate and $14,200,000 as proposed by H.R.
246. The agreement also includes language to allow funds under
this program to be used for construction. Neither H.R. 246 nor
the Senate bill contained this provision.
Rural Education
The conference agreement includes $168,750,000 for rural
education programs, instead of $162,500,000 as proposed by H.R.
246 and $175,000,000 as proposed by the Senate.
Fund for the Improvement of Education (FIE)
The conference agreement includes $814,660,000 for the
Fund for the Improvement of Education.
Within the total for FIE, the conference agreement
includes funding for the following activities in the following
amounts:
Character Education..................................... $25,000,000
Reading is Fundamental.................................. 25,500,000
School Counseling....................................... 32,500,000
Javits Gifted and Talented Education.................... 11,250,000
Star Schools............................................ 27,520,000
Ready to Teach.......................................... 14,500,000
Foreign Language Assistance............................. 16,250,000
Carol M. White Physical Education for Progress.......... 60,000,000
Community Based Technology Centers...................... 32,475,000
Exchanges with Historic Whaling and Trading Partners.... 7,000,000
Parental Assistance Information Centers................. 42,500,000
Women's Educational Equity.............................. 3,000,000
The conference agreement includes $75,000,000 for
comprehensive school reform grants to local educational
agencies as proposed by H.R. 246. The Senate bill did not
include funding for this activity. These funds shall support
grants to States for continuing and new subgrants to local
educational agencies for comprehensive school reform activities
in both title 1 and non-title 1 eligible schools. The bill
includes language specifying that these funds shall be
allocated and expended in the same manner as in fiscal year
2002 and provides the funds on a forward funding basis.
The conference agreement also includes $1,639,000 for
continuation funding for the national clearinghouse on
comprehensive school reform.
The conference agreement also includes $162,000,000 for
the smaller learning communities program, instead of
$142,000,000 as proposed by H.R. 246. The Senate did not
include funding for this program. As in past years, the
conference agreement provides the funds on a forward funded
basis and specifies that these funds shall be used only for
activities related to the redesign of large high schools
enrolling 1,000 or more students.
The conferees are concerned that the Department did not
consult with the Appropriations Committees on the fiscal year
2002 program guidance and application for the smaller learning
communities program as requested in House Report 107-229. The
conferees do not agree with the competitive preference for
certain grant applicants proposed by the Department for the
fiscal year 2002 competition and direct the Secretary to revise
the grant application to remove this preference. The conferees
believe that applicants for assistance under this program
should be evaluated solely on the quality of their proposals to
improve the learning environment for students within their
current educational setting. The program guidance should also
clarify that smaller learning community funds may be used to
support the initial planning for, and operation of, new small
schools as well as the redesign of existing schools into
smaller learning units.
The conferees are also concerned about the Department's
inability to hold timely grant competitions for this program in
fiscal years 2001 and 2002. The fiscal year 2001 grant
competition was delayed, and the 2002 grant competition is far
behind schedule. Accordingly, the conferees direct the
Department to publish the smaller learning communities program
application for fiscal year 2002 grants not later than February
28, 2003. If the Department is unable to meet this deadline,
the conferees request a letter report from the Department to
the House and Senate Committees on Appropriations by that date,
which explains why the Department is unable to meet this
deadline, indicates when the Department will announce the
fiscal year 2002 competition, and outlines the steps the
Department will take to prevent delays in the fiscal year 2003
smaller learning communities grant competition.
The conferees have a strong interest in this program and
are displeased that the Department has not only failed to
consult with the Appropriations Committees, but also has not
responded to requests for basic information about how program
funds will be utilized. The conferees expect that the
Department will consult fully with the Appropriations
Committees prior to the release of the fiscal year 2003 program
guidance for the smaller learning communities program. Further,
the Department should develop a balanced plan for outreach,
networking, and technical assistance activities during fiscal
year 2003 to ensure that school districts are aware that small
schools and smaller learning communities are effective,
research-based strategies to improve academic achievement,
attendance, and safety. The Department should be prepared to
discuss these matters during hearings on its fiscal year 2004
budget request.
For Arts in Education, the conference agreement includes
$34,000,000 instead of $36,000,000 as proposed by the Senate.
H.R. 246 did not specify separate funding for this line item.
The conferees provide that within this total, $7,000,000 is for
Very Special Arts, $6,000,000 is for the John F. Kennedy Center
for the Performing Arts, and $1,500,000 is to be used to
continue a youth violence prevention initiative. In addition,
$4,000,000 is for cultural partnerships, $6,500,000 is for
model professional development programs for music, drama, dance
and visual arts educators and $500,000 is for evaluation
activities. The remaining $8,500,000 is available to continue
model arts programs. The conferees have made significant
investments over the past couple of years in funding model arts
programs, professional development activities and cultural
partnerships for at risk youth. The conferees intend that the
$500,000 provided for evaluation shall be used to begin
reviewing and evaluating competitive grants funded through this
program. The conferees further intend that information about
best practices and model programs identified during this review
and evaluation process should be disseminated widely, in order
to maximize the significant benefits of these targeted
investments.
The conference agreement includes $15,000,000 for teacher
quality initiatives, as requested by the Administration. The
conferees intend that these funds be awarded for initiatives
such as the following: to identify research-based competencies
that all new teachers should possess and to develop related,
rigorous assessments; to infuse research-based reading
instruction into pre-service teacher preparation programs; to
provide technical assistance to alternative route programs to
ensure quality; to determine the adequacy and effectiveness of
mentoring and professional development to teachers entering the
profession via alternative route programs and to identify the
retention rates of those teachers; and to identify issues
relating to teacher mobility. The conferees share the
Administration's interest in initiatives to improve teacher
quality and request that theDepartment provide the House and
Senate Committees on Appropriations with a detailed summary of the
types of projects proposed to be supported prior to any funds being
awarded.
Within the total for FIE, the following amounts are also
provided:
Academy of Natural Sciences, Philadelphia, PA, for the
development and delivery of natural sciences
educational programming for children and the general
public.............................................. $150,000
After the Bell Program in Soldotna, Alaska for after
school programs involving community, parents and at-
risk youth.......................................... 100,000
Alaska Department of Education for its ``Parents as
Teachers'' program.................................. 1,250,000
Alaska Department of Education for its ``Qualified
Teachers for Alaska'' program....................... 1,500,000
Alaska Department of Education with the Alaska SeaLife
Center, the Kenai Challenger Learning Center, the
Kenai River Center, in consultation with federal and
state scientists, and federal resource management
agencies, for a science and distance education...... 250,000
Alaska Department of Education's Remedial Summer
Tutoring Program.................................... 700,000
Alaska Humanities Forum to develop Alaska State history
texts and curriculum, including oral history, for
use in Alaska schools............................... 400,000
Allegheny Conference on Community Development,
Pittsburgh, PA, in collaboration with the War for
Empire Consortium, for education programs and
activities to commemorate the 250th anniversary of
the French and Indian War........................... 50,000
Allentown Civic Theater, PA, for education programs..... 200,000
Alliance Neighborhood Center, Alliance, Ohio, for
program/curriculum for the Apple Seed Project....... 250,000
American Academy of Liberal Education, Washington, D.C.,
to develop projects and survey best practices in the
study of American democracy and principals of free
government at colleges and universities............. 100,000
American Cities Foundation, Philadelphia, PA, for
mentoring, academic, enrichment, and counseling
programs for at-risk students....................... 250,000
American Film Institute Screen Education Center and
Initiative for arts education curriculum development
and teacher training................................ 500,000
American Foundation for Negro Affairs (AFNA) National
Education and Research Fund, Philadelphia, PA, to
raise the achievement levels of minority students
and increase minority access to higher education.... 650,000
American Red Cross, Southeastern Pennsylvania Chapter,
Philadelphia, PA, for education programs............ 25,000
American Society of Educators, Philadelphia, PA, for
instructional technologies, professional development
seminars and to develop and distribute technological
guides for educators................................ 50,000
American Theater Arts for Youth Program, Philadelphia,
Pennsylvania, to continue to provide workshop
residencies......................................... 75,000
AMISTAD America, Inc., to expand educational programs
and materials....................................... 800,000
An Achievable Dream, Newport News, Virginia, to expand
its curriculum and college preparation program...... 500,000
Anchorage Museum of History and Art and Alaska
Humanities Forum to develop curriculum on Alaskan
culture and art for Alaska schools.................. 250,000
Anderson School District in Anderson, Alaska, for a
program to provide distance learning and related
materials to small schools in rural Alaska meet the
requirements of No Child Left Behind Act............ 100,000
Antigo School District, WI, for after school programs... 300,000
Appomattox Regional Governor's School for the Arts and
Technology, Petersburg, Virginia, for equipment and
technology infrastructure........................... 500,000
Arden Theatre, Co., Philadelphia PA, to expand the Arden
for All program, to make the arts accessible to
economically challenged schools, as well as
performances interpreted in American Sign Language.. 25,000
Artspace Projects, Inc., Minneapolis, MN, to expand arts
education programming for youth, including
technology upgrades for distance learning........... 200,000
Ashland School District, WI, for after school programs.. 670,000
Association of Community Ministries, Louisville,
Kentucky, for educational programs and community-
based services...................................... 50,000
Audubon Nature Institute, Inc., New Orleans, Louisiana,
after-school project................................ 100,000
Baldwin Park Unified School District, Baldwin Park, CA,
for the Baldwin Park Technology Achievement
Academies........................................... 250,000
Benchmark School, PA, for reading instruction and other
education programs.................................. 75,000
Berea Children's Home School-Age Skills Enhancement
(SASE) Program, Berea, Ohio......................... 162,000
Big Brothers/Big Sisters of Anchorage, Fairbanks, and
Southeast Alaska, in partnership with Alaska Dept.
of Education, the Boys and Girls Club and Cook Inlet
Tribal Council to develop and implement a
comprehensive mentoring program for at-risk children 400,000
Big Top Chautauqua, Washburn, WI, for educational
programs............................................ 500,000
Birchwood School District, WI, for after school programs 240,000
Boricua College, Brooklyn, NY, for personnel, curricula,
teacher trainees, and other expenses to expand
technology training at local public school sites.... 100,000
Boston History Collaborative to expand history-based
education programs in public schools................ 50,000
Boyle Heights College Institute, Los Angeles, CA, for
after school and mentoring programs................. 225,000
Boys and Girls Club of Burbank, CA, for mentoring,
career exploration and other educational services
for at-risk youth through the Teen Center Outreach
Project............................................. 80,000
Boys and Girls Club of Chester, PA, for mentoring,
tutorial assistance and other education program..... 75,000
Boys and Girls Club of El Dorado, Arkansas, for drug
prevention and after school programs................ 25,000
Boys and Girls Club of Philadelphia, Philadelphia, PA,
to develop a school based mentoring program......... 50,000
Boys and Girls Harbor, Inc., New York, NY, to establish
a Philadelphia School Financial Literacy Project to
promote financial literacy through the teaching of
personal financial management skills................ 25,000
Bronx Cluster of Settlement Houses, Inc., to provide
literacy, mentoring, college preparatory, and other
educational services for youth...................... 300,000
Brooklawn, Inc., Louisville, Kentucky, for technology... 30,000
Business Education Roundtable, Providence, RI, for a
school principal professional development program... 250,000
Cablelife Community Enrichment Corporation, Louisville,
Kentucky, educational programs...................... 40,000
Caldwell County Education Consortium, Hudson, North
Carolina, for operating costs of Teacher Education
project............................................. 300,000
Cameron County High School, Emporium, Pennsylvania, for
technology infrastructure........................... 100,000
Camp Fire USA First Texas Council, Fort Worth, Texas,
for Early Childhood Violence Reduction program...... 150,000
Camp SEA Lab, Seaside, CA, for science education
programs for youth and teacher training activities.. 200,000
Canaan Community Development Corporation, Louisville,
Kentucky for after school programs.................. 30,000
Capistrano Unified School District, San Juan Capistrano,
California, for Capistrano Professional Academy to
improve local mathematics and science instruction... 400,000
Care Unlimited, New Orleans, LA, to provide in-home
educational services to high school students who are
pregnant or parents................................. 100,000
Cayauga County Safe Schools/Healthy Students
Partnerships, Inc., Auburn, New York, for staffing
and after-school programs........................... 175,000
Center for Houston's Future, Houston, Texas for early
education programs.................................. 250,000
Center for Mathematics and Science Teacher Recruitment,
Retention in Missouri, to improve recruitment and
retention of math and science teachers, including
through the acquisition of technology............... 1,500,000
Center for Rural Development, Somerset, Kentucky, for
technology and software equipment................... 250,000
Central Alabama Community College in Alexander City,
Alabama for technology acquisition in support of the
Community Intensive Treatment for Youth program..... 100,000
Centre County AVTS, Pleasant Gap, Pennsylvania, for
technology infrastructure........................... 100,000
Chabot Space and Science Center, Oakland, CA, for math
and science teacher training programs............... 500,000
Challenger Learning Center of Maine for science
education program................................... 750,000
Champions for Change, Flossmoor, IL, for early childhood
education and before- and after-school programs..... 100,000
Charlotte-Mecklenburg School System, Charlotte, NC, to
expand the ``Bright Beginnings'' after school
program............................................. 400,000
Charter School Development Corporation in Las Vegas,
Nevada, to focus on technology and college
preparation......................................... 1,000,000
Chetek School District, WI, for after school programs... 265,000
Chicago Public Schools for the Chicago Reading
Initiative, a research-based instruction to improve
reading achievement in urban areas.................. 100,000
Chicago Public Schools, IL, for the ``Never Too Cool For
After School'' and ``After School Matters''
initiatives......................................... 500,000
Chillocothe and Ross County 2003 Commission,
Chillocothe, Ohio, for innovative education program
to teach Ohio's history............................. 210,000
Choteau Elementary School in Choteau, Montana for the
NetSchools e-learning program, including the
acquisition of technology........................... 600,000
City of Bogalusa School Board, Louisiana, for technology
enhancements........................................ 25,000
City of Detroit, MI, for an after school program
information management and evaluation initiative.... 600,000
City of Englewood, New Jersey Board of Education, for
technology and other expenses to establish career
academies at the Dwight Morrow High School.......... 300,000
City of Salt Lake, Utah, for the YouthCity Empowerment
after school center project......................... 900,000
City of Santa Ana, CA, for technology training programs
for youth at the Santa Ana Memorial Technology
Center.............................................. 250,000
City of Staunton, Virginia for the expansion of
cultural, historical, and arts education programs... 200,000
City of Upland, California, for after school programs... 1,500,000
City School District of New Rochelle, NY, for after
school and summer school programs................... 294,000
Clarion County Career Center, Shippenville,
Pennsylvania, for technology infrastructure......... 100,000
Clark County School District, Las Vegas, NV, to expand
after school programs............................... 500,000
Classika Theater in Arlington, Virginia for continued
development of the LITarts educational outreach
program............................................. 100,000
Clearfield County Career and Technology Center,
Clearfield, Pennsylvania, for technology
infrastructure...................................... 100,000
Cleveland Botanical Garden, Cleveland, Ohio, for
education outreach to schools....................... 250,000
COA Youth and Family Centers in Milwaukee, Wisconsin for
a home instruction program for pre-school children
to foster health, educational success and
independence........................................ 200,000
Columbia Bethlehem Community Center, Richland County,
Columbia, SC, for after school, mentoring, youth
internship, and literacy programs................... 200,000
Commonwealth of Puerto Rico, Department of Education,
for an afterschool art and counseling program....... 800,000
Communities in Schools Dallas, Inc., TX, to expand
educational programs serving at-risk students....... 100,000
Communities in Schools of East Texas, Inc., Marshall,
TX, for educational services for at-risk students... 250,000
Communities in Schools of Northeast Texas, Inc., Mount
Pleasant, TX, for educational services for at-risk
students............................................ 250,000
Communities in Schools of Northern Virginia, Inc.,
Alexandria, VA, to expand family literacy, after
school and other educational services for at-risk
students and their parents.......................... 265,000
Communities In Schools--Cameron County, Inc., Harlingen
TX, for educational services for at-risk youth...... 150,000
Communities in Schools--Greater Fort Hood Area, Killeen,
TX, for academic and support services for at-risk
students and their families......................... 250,000
Community Action and Community Development Agency for
North Alabama, Decatur, Alabama, for technology
upgrades............................................ 300,000
Community Foundation of Greater Birmingham, Birmingham,
AL, to expand cultural and educational programs to
inner city youth.................................... 200,000
Community Foundation of Louisville, Kentucky, for Lac
Viet reading programs............................... 50,000
Community of Agile Partners in Education/Pennsylvania
Educational Telecommunications Exchange Network
(CAPE/PETE), Bethlehem, PA, for distance learning
programs............................................ 600,000
Community of Caring in Washington, D.C. for program
development and expansion of its comprehensive
character education program in Nevada............... 200,000
Community School District 8, Flushing, NY, for after
school programs..................................... 250,000
Connecticut International Baccalaureate Academy, East
Hartford, CT, for technology equipment, training and
upgrades, and for the establishment of a Chinese
studies program..................................... 900,000
Connecticut United for Research Excellence, Inc., Rocky
Hill, CT, for the ``BioBus'' mobile educational
laboratory.......................................... 400,000
Continuation and expansion of the Iowa Communications
Network statewide fiber optic demonstration......... 2,000,000
Council of Chief State School Officers, Washington,
D.C., for Business/Education Leaders Institute...... 3,000,000
Cumberland Public Schools, Cumberland, RI, for
equipment, curriculum and professional development
to establish an after school program for high school
students............................................ 350,000
Dallas Independent School District, TX, to expand the
Star Teacher Selection Training Program............. 300,000
Dallas Institute, Dallas, Texas for a teacher retention
program............................................. 250,000
Delta State University in Mississippi for the Delta
Education Initiative................................ 1,000,000
Discovery Center of Science and Technology, Bethlehem,
PA, for hands-on, inquiry-based science programs for
K-8 students in Berks, Bucks, Carbon, Luzerne,
Monroe, Montgomery, Pike, and Schuylkill counties... 50,000
Drug Free Pennsylvania, Inc., Harrisburg, PA, to enhance
its media literacy project to provide at-risk
students an opportunity to create public service
announcements targeting the prevention of drug use.. 50,000
DuBois Educational Foundation, DuBois, Pennsylvania, for
computers and computer wiring, equipment............ 150,000
Dyer Elementary School in Esmeralda County School
District in Nevada for a One-on-one Laptop Computer
Program............................................. 112,000
d'Zert Club, Glenside, PA, for educational and support
services for elementary, middle and high school
students............................................ 50,000
East Stroudsburg University of Pennsylvania, PA, for a
distance learning program to serve home-bound
students, and a web-based educational management
system.............................................. 500,000
Education Leaders Council, Washington, D.C., for
Following the Leaders project....................... 10,000,000
Educational Service District 101, Spokane, Washington,
to develop curriculum, deliver televised K-12
coursework, hire teachers and acquire satellite
transponder time.................................... 500,000
Educational Service District 112, Vancouver, WA, to
expand the Help One Student to Succeed (HOSTS)
reading and mentoring program....................... 167,000
Encore Series, Inc., Philadelphia, PA, for the Jazz in
the Schools music education program to engage inner
city high school students in programs using jazz as
a means to maintain student interest................ 100,000
Enterprise for Progress in the Community in Yakima,
Washington for a new community child developmental
center.............................................. 150,000
Ephraim McDowell Health Care Foundation, Danville,
Kentucky, for its Medical Career Educational
Initiative.......................................... 100,000
Fairfax County Public School System, VA, for the
heritage language literacy after school program at
Bailey's Elementary School for the Arts and Sciences 100,000
Fairfax County Public Schools, Fairfax, Virginia, for a
delinquency prevention program for students with
behavioral and emotional needs...................... 200,000
Fairfax County Public Schools, Fairfax, Virginia, for
Fairfax Network project............................. 200,000
Fairfax County Public Schools, Fairfax, Virginia, for
Speech Recognition for Students with Disabilities... 50,000
Fairfax Education Foundation, Fairfax, Virginia, for
Partnerships to Advance Learning.................... 200,000
Father Maloney's Boys Haven, Louisville, Kentucky, for
technology.......................................... 40,000
Fay-Penn Economic Development Council, Uniontown, PA, to
develop the Reaching Educational Achievement with
Community Help initiative........................... 150,000
Felician Sisters, PA, for education programs............ 125,000
First Book in Washington, D.C., to establish local
advisory boards across Washington state............. 500,000
First Book Rural Outreach Initiative, Ohio.............. 405,000
First Freedom Education Center in Richmond, Virginia,
for educational programs............................ 400,000
First Gethsemane Center for Family Development, Inc.,
Louisville, Kentucky, for after school programs..... 25,000
Florida State University, Tallahassee, Florida, for
Florida Reading, Math and Science Initiative........ 1,500,000
For Us Northwest, Portland, Oregon for a mentoring
program for children affected by HIV/AIDS........... 25,000
Foundation for the Improvement of Mathematics and
Science Education, San Diego, California, to
implement the Blueprint for Student Success program. 950,000
Franklin School District in Franklin, New Hampshire for
a summer school initiative.......................... 50,000
Freedoms Foundation at Valley Forge, Valley Forge, PA,
to develop and implement the ``Terrorism: Challenges
and Threats to the American Way of Life'' workshop.. 50,000
Friends of McGroarty Cultural Arts Center, Tujunga, CA,
for after school arts education programs for low-
income students..................................... 65,000
Futures for Children, Albuquerque, New Mexico to expand
education services for Native Americans............. 1,000,000
Galena School District in Alaska for distance education
program............................................. 1,000,000
Galilee Community Development Corporation, Louisville,
Kentucky, for after school programs................. 15,000
Gateway Cities Partnership, Inc., City of Paramount, CA,
to establish community resource learning centers.... 200,000
General George S. Patton School District 133, Riverdale,
IL, to implement a comprehensive mathematics program 150,000
George Mason University, Fairfax, Virginia, for Center
for Cognitive Development to address families of
children suffering from attentional, cognitive, and
behavioral disorders................................ 200,000
Georgetown University, Washington, DC, for the Center
for the Study of Learning dyslexia project, in
partnership with the University of Louisville....... 350,000
Girl Scouts--Pacific Peaks Council of Tumwater,
Washington for a resource center.................... 100,000
Golden Gate National Parks Association, San Francisco,
CA, for environmental education programs at the
Crissy Field Center................................. 200,000
GRAMMY Foundation, Santa Monica, CA, for music and arts
education programs.................................. 800,000
Great Neck Center for the Visual and Performing Arts,
Inc., Great Neck, NY, for an arts education program
for disadvantaged children.......................... 25,000
Great Projects Film Company, Inc., New York, NY, to
produce ``Educating America,'' a documentary
television series and multi-media project about
challenges facing public schools.................... 50,000
Griffith Observatory in Los Angeles to improve
educational programs and exhibits on the solar
universe............................................ 150,000
Growing Solutions Restoration Education Institute, Santa
Barbara, CA, for establishment of a Green Academy at
Santa Barbara High School........................... 120,000
Guadalupe Center for Early Childhood Education in
Missouri to expand quality early education programs. 500,000
Hands On Science for a demonstration in Iowa............ 400,000
Harford County Board of Education in Aberdeen, MD for a
collaboration between a science and technology high
school and the Aberdeen Proving Ground.............. 200,000
Harrods Creek Community Development, Inc., Louisville,
Kentucky, educational programs for inner city
children and teens.................................. 15,000
Harry T. Kerr Skills Center, Titusville, Pennsylvania,
for updating and modernization of equipment to meet
training needs...................................... 150,000
Hattie Idela Farrow Foundation in Providence, RI for
educational programs designed to decrease
suspensions and referrals to juvenile justice....... 50,000
Hazel Crest School District 152.5, Hazel Crest, IL, for
teachers and equipment to improve health and
physical education programs......................... 100,000
Hebrew Academy for Special Children, New York........... 50,000
Helen Keller Worldwide, NY, to expand the ChildSight
Vision Screening Program and provide eyeglasses to
additional children whose educational performance
may be hindered because of poor vision.............. 1,500,000
Henderson Allied Community Advocates in Henderson, NV to
provide quality early childhood education and after
school programs to low-income families.............. 500,000
Henry and William Evans Home for Children, Inc.,
Winchester, Virginia, for children who are in need
of assistance in preparation for becoming productive
adults.............................................. 200,000
HighTechHigh--Los Angeles, Beverly Hills, CA, for
equipment, technology upgrades, and training........ 450,000
Hillel Academy of Pittsburgh, Pittsburgh, PA, to enhance
preschool students' learning readiness skills
through the use of PicturePages Evaluation engine... 50,000
Home Instruction Program for Preschool Youth (HIPPY),
New York, NY, to expand its home-based literacy and
school readiness program............................ 50,000
Hyannis Youth and Community Center, Barnstable,
Massachusetts, for the development of youth
educational programs and the procurement of
educational equipment............................... 1,000,000
I CAN LEARN............................................. 3,000,000
I KNOW I CAN, Columbus, Ohio, for college access program 100,000
Illinois Mathematics and Science Academy, Aurora,
Illinois, for the 21st Century Information Fluency
Program............................................. 400,000
Illinois Office of Banks and Real Estate, Springfield,
Illinois, for Financial Literacy program............ 50,000
Illinois State Board of Education and Indian Prairie
District #204, Springfield, Illinois, to develop an
innovative student teaching pilot program........... 250,000
Illinois State Board of Education and Orland School
District #135 to Beginning Educators Assimilation
and Mentoring System program........................ 200,000
Illinois State Board of Education for Improving
Mathematics Achievement at Elgin, Illinois #46...... 250,000
Illinois State Board of Education, ``Illinois Virtual
High School''....................................... 500,000
Illinois State Board of Education, Springfield, IL, for
extended day and summer school programs at the
Canton Union School District #66.................... 175,000
Illinois State Board of Education, Springfield, IL, for
teacher and principal recruitment and retention
initiatives at Dolton School District 148........... 150,000
Illinois State Board of Education, Springfield,
Illinois, for computers, hardware and software for
the implementation of Fast ForWord reading program
to the Pleasant Plains Community Unit District #8
and Pleasant Plain Illinois District #18............ 150,000
Illinois State Board of Education, Springfield,
Illinois, to establish a Principal-Led Teams........ 187,000
Illinois State University in Normal, Illinois for the
Chicago Teacher Pipeline Program.................... 200,000
Illinois State University, Normal, Illinois, to provide
special education technology devices, equipment and
materials for Peoria District #150.................. 100,000
Imperial Valley Telecommunications Authority, CA for
telecommunications equipment and upgrades to support
distance education programs in elementary and middle
schools............................................. 500,000
Indiana University of Pennsylvania, Indiana, PA, to
establish a Computing Services Center to train area
K-12 teachers in the effective use of technology in
the classroom....................................... 50,000
Institute for Advanced Learning and Research, Chatham,
Virginia, for faculty development, purchase of
teaching and learning technology and launching of
Learning Liftoff program............................ 500,000
Institute for Educational Leadership, Washington, DC,
for a Coalition for Community Schools project to
facilitate the creation of community schools........ 500,000
Institute for International Sport at the University of
Rhode Island to support the Scholar-Athlete Games... 800,000
Institute for Student Achievement in Lake Success, NY to
expand its intervention program that provides
academic enrichment and counseling support for
students performing in the lowest quartile in their
middle or high schools.............................. 750,000
Institute for Student Achievement, Lake Success, NY, for
educational programs for at-risk students at Mt.
Vernon High School and A.B. Davis Middle School..... 500,000
Institute for Student Achievement, Lake Success, NY, to
implement small learning communities at Morris High
School in the Bronx................................. 200,000
INTEGRIS Health, Inc., for the Western Village Academy
Technological Center................................ 100,000
International Foundation for Music Research, Carlsbad,
California, for science-based research on music
education........................................... 225,000
Iowa Department of Education to continue the Iowa School
Construction Demonstration Project.................. 7,000,000
Iowa Dept of Education to continue a demonstration
program for additional bilingual and English as a
Second Language training in rapid growth areas of
Iowa................................................ 1,000,000
Iowa School Board Association to continue the Lighthouse
for School Reform training of school board members
on education issues................................. 500,000
Iron Mountain Public Schools, MI, for health and
physical education curricula, programs and equipment 300,000
A grant to the Commonwealth of Pennsylvania Department
of Education, to provide assistance, through
subgrants, to low-performing school districts that
are slated for potential take-over and/or on the
Education Empowerment List as prescribed by
Pennsylvania State Law. The initiative is intended
to improve the management and operations of the
school districts; assist with curriculum
development; provide after-school, summer and
weekend programs; offer teacher and principal
professional development and promote the acquisition
and effective use of instructional technology and
equipment. Of the funds provided, $1,700,000 is for
the Philadelphia School District/Lock Haven
Professional Development Partnership for
professional development and related services....... 20,000,000
Isaac Stern Education Legacy in New York, NY to
integrate distance learning and educational
technology with music education programs............ 4,150,000
Jackson County Community Theater, McKee, Kentucky, for
equipment........................................... 100,000
Jackson-Madison School District, Jackson, TN, for an
alternative learning center for at-risk youth....... 500,000
Jacob's Pillow in Lee, Massachusetts, for the expansion
of performing arts educational programs............. 100,000
Jefferson County-DuBois AVTS, Reynoldsville,
Pennsylvania, for technology infrastructure......... 150,000
Jefferson Parish School Board, Louisiana, for technology
enhancements........................................ 55,000
Jewish Community Center of Cleveland, Cleveland Heights,
Ohio, for Bright Beginning program.................. 500,000
Joel II Restoration Ministries for education programs... 50,000
Junction City School District, Oregon, for after-school
programs............................................ 50,000
Juniata-Mifflin County AVTS, Lewistown, Pennsylvania,
for technology infrastructure....................... 225,000
JUSTUS, WECARE about our Community, Inc., Louisville,
Kentucky, for after school programs................. 15,000
Kentucky Opry, Prestonsburg, Kentucky, for equipment and
operating expenses.................................. 75,000
Kern County Superintendent of Schools Office,
Bakersfield, California, for Mobility Opportunities
via Education (MOVE) to develop curricula, its
website, and the training and development........... 700,000
Kids Voting USA, Tempe, AZ, for a civics program to
educate children about the importance of voting..... 380,000
Knowledge Works Intermediary, Cincinnati, Ohio, for Ohio
High School Transformation Initiative............... 2,000,000
Korean Youth and Community Center, Los Angeles, CA, to
expand education programs at the Koreatown Academic
Learning Center..................................... 260,000
La Causa, Inc. in Milwaukee, Wisconsin for before,
after, and during school services for largely
minority communities................................ 245,000
Labor and Industry for Education (LIFE), Hewlett, NY, to
expand after school, vocational training, and other
education programs for at-risk youth and
developmentally disabled children and adults........ 450,000
Langston in the 21st Century, Washington, DC, to
establish a learning center as part of the EXTRA
Physical Education Progress initiative.............. 300,000
Latino Education Alliance, Chicago, IL, for early
intervention, college readiness and parental
involvement programs for minority youth............. 350,000
Leadership Education Academy to Develop, Encourage, and
Reinforce Success (L.E.A.D.E.R.S) Inc., Rochester
Hills, Michigan..................................... 175,000
Letcher County Board of Education, Whitesburg, Kentucky,
for equipment....................................... 350,000
Lights of Liberty, Inc., PA for history education
program............................................. 300,000
Lincoln Center, New York, NY, for the Jazz for music
education and distance learning programs............ 350,000
Linking Learning to Life in Burlington, VT for staff
salaries and the development of a model school-to-
career initiative for low-income and at-risk youth.. 75,000
Loess Hills Area Education Agency in Iowa for a
demonstration in early childhood education.......... 750,000
Los Angeles County Office of Education, Downey, CA, for
the ``Early Advantage'' initiative to provide
preschool and family learning activities, and
training for parents, child care providers and
community members................................... 600,000
Los Angeles Harbor College, Wilmington, CA to expand
early childhood education curricula, evaluation, and
professional development............................ 300,000
Lycoming County Division of Public Safety, Lycoming
County, PA, to develop an emergency preparedness
program to educate school personnel and law
enforcement personnel............................... 100,000
Madison Metropolitan School District, Madison, Wisconsin
for Positive Behavior Support Teams who work with
elementary and middle school students with emotional
problems............................................ 150,000
Make the Road By Walking, Brooklyn, NY, for literacy,
technology training and other educational services.. 500,000
Maricopa County Community College District, Phoenix, AZ
to establish the Center for Teacher Preparation and
Education to address the national teacher shortage
through recruitment and retention of K-12 teachers.. 100,000
Marshfield Clinic, WI, for the ``Youthnet'' mentoring
initiative.......................................... 200,000
Marshfield School District, WI, for equipment for
computer and music education laboratories at Madison
Elementary School................................... 60,000
Maui Economic Development Board for a girls into science
program............................................. 300,000
Medina High School, Medina, Ohio, for a Career Resource
Center.............................................. 150,000
Memphis City School District, Memphis, TN, for a public-
private partnership to raise academic achievement in
low-performing schools.............................. 500,000
Mercer County Association for Children with Learning
Disabilities, Inc., Sharon, PA, to provide tutoring
and assist with curriculum design for children with
learning disabilities............................... 50,000
Meredith-Dunn Learning Disabilities Center, Inc.,
Louisville, Kentucky, for technology................ 25,000
Metropolitan Family Services, Chicago, Illinois, for
Camp Algonquin's Outdoor Education program.......... 500,000
Metropolitan Washington Council of Governments, DC, for
the Potomac Regional Education Project (PREP)....... 100,000
Military Heritage Foundation, Carlisle, Pennsylvania,
Army Heritage and Education Center to establish
educational programs and materials.................. 200,000
Millikin University in Decatur, Illinois to assist
inner-city and rural high school students prepare
for college......................................... 75,000
Milton S. Eisenhower Foundation to continue a
demonstration on full-service schools in Iowa....... 500,000
Milton S. Eisenhower Foundation, Washington, D.C., for a
demonstration and evaluation of full-service schools 250,000
Milton S. Eisenhower Foundation, Washington, DC, to
replicate and expand the full community school
program in Pennsylvania emphasizing the school as
the central point of the community.................. 300,000
Milwaukee Public Schools, WI, to expand before- and
after-school programs............................... 400,000
Mission Education Projects, Inc., San Francisco, CA, to
expand educational programs for children and
families............................................ 225,000
Missouri School Board Association, Columbia, Missouri,
for Children Learn As Schools Succeed (CLASS)
project............................................. 500,000
Monadnock Regional School District in New Hampshire for
a community school initiative....................... 100,000
Montgomery YMCA in Montgomery, Alabama for education and
outreach programs................................... 100,000
Muhlenberg Township School District, Laureldale, PA, for
science and technology equipment and upgrades....... 738,000
My Hero Project, Branford, CT, to expand an interactive
educational web site................................ 50,000
Mystic Aquarium and the Institute for Exploration,
Mystic, Connecticut, for the JASON project.......... 500,000
National Center for Electronically Mediated Learning,
Inc., Woodbridge, CT, for the PEBBLES Project....... 300,000
National Constitution Center for program development,
including equipment and technology acquisition...... 5,000,000
National Council of La Raza, Washington, D.C., to
develop assessment guidelines for limited English
proficient students and to expand professional
development academies............................... 1,000,000
National Foundation for Teaching Entrepreneurship
(NFTE), to establish a NFTE University, in
collaboration with Carnegie Mellon University and
Temple University, to train teachers in the best
practices to educate minority and economically
disadvantaged students.............................. 150,000
National History Day for a history competition in Iowa.. 100,000
National Maritime Heritage Foundation, Washington, DC,
for the Spirit of Enterprize Maritime Heritage
Education program................................... 275,000
National Science Center Foundation, Atlanta, Georgia for
educational technology and other purposes........... 1,000,000
Nevada HAND English Literacy Project to purchase ESL
software and workstations to use in working with
low-income children in Las Vegas, Nevada............ 450,000
New Baltimore City Board of School Commissioners,
Baltimore, MD, for a comprehensive dropout
prevention initiative............................... 500,000
New Conservatory Theater Center, San Francisco, CA, for
the YouthAware theatre-in-education drug abuse and
violence prevention programs for youth.............. 150,000
New Mexico Institute of Mining and Technology, Socorro,
New Mexico, for the K-12 Outreach in Astronomy
program............................................. 425,000
New Mexico Mathematics, Engineering and Science
Achievement, Inc. (MESA) for pre-college math,
science and technology enrichment programs.......... 500,000
New School University, New York, NY, to establish a
pilot program which will provide supplementary
services, as well as university faculty instruction
to at-risk, low-income senior high school students.. 250,000
New York Hall of Science, Corona Park, New York, to
expand the ``After-School Science Clubs'' to
elementary students................................. 200,000
New York University, Child Study Center, NY, for the
``Parent Corps'' initiative......................... 1,000,000
New Zion Baptist Church Community Development
Foundation, Louisville, Kentucky, for after school
programs............................................ 40,000
Nicholls State University for a Center for Dyslexia to
research and address the difficulties associated
with dyslexia....................................... 100,000
Nortel Networks Kidz Online, Herndon, Virginia, for
education program to help kids become better
equipped with technology skills..................... 600,000
North Carolina Central University, Durham, NC, for an
academic enrichment program for elementary and
middle school students in the Durham Public Schools. 75,000
North Carolina Electronics and Information Technologies
Association Education Foundation, NC, for a
technology demonstration project in rural and
underserved school districts........................ 250,000
North Carolina Museum of Art Foundation, Inc., Raleigh,
NC, for arts and environmental education programs... 100,000
North Dakota State Board for Vocational and Technical
Education in Bismarck, North Dakota, for expansion
of the ExplorNet and IT Technology Learning Project. 200,000
North Penn Civic Association, Philadelphia, PA, for
technology, after school and other educational
programs for youth.................................. 50,000
North Rockland Central School District, Garnerville, NY,
to implement a technology-based literacy program.... 200,000
Northshore School District, Bothell, WA, for the
Northeast Vocational Area Cooperative to expand
information technology courses for middle and high
school students..................................... 250,000
Oakland Unified School District, CA, for personnel and
related expenses to expand extended day kindergarten
to new sites........................................ 500,000
Ohio Department of Education, Columbus, Ohio,
``Commission on Secondary and Postsecondary
Education'' project................................. 250,000
Oklahoma State Department of Education, Oklahoma City,
Oklahoma, for an education project in Oklahoma
public schools providing hand held computers to
enhance learning opportunities...................... 525,000
Old Rock School in Guntersville, Alabama for arts
education programs.................................. 60,000
Oregon Children's Foundation for a volunteer early
literacy program.................................... 300,000
Oregon Public Broadcasting, Lewis and Clark Bicentennial
Program for educational programming................. 50,000
Oregon School Safety Hotline to establish a statewide
hotline............................................. 150,000
Orleans Parish School Board, Louisiana, for technology
enhancements........................................ 55,000
Our Hope for Youth, Delaware for a school dropout
prevention education media program on in-school
educational networks targeting Hispanics and other
high-risk groups.................................... 500,000
Overtown Youth Center, Miami, FL, for mentoring, family
literacy, and other education and training services
for at-risk youth................................... 100,000
Pacific Islands Center for Educational Development in
American Samoa...................................... 400,000
PARENTS, Inc., Anchorage, Alaska, for implementation and
expansion of their projects to train teachers,
specialists and parents in the use of technology to
assist students with disabilities................... 1,000,000
PARENTS, Inc., Anchorage, Alaska, for the Technology in
Action Program (TAP)................................ 500,000
Partners in Economic Progress in Des Moines, IA for a
mentoring and education support program for
disadvantaged children.............................. 100,000
Pasadena Unified School District, Pasadena, CA, for a
math, science and technology magnet program at the
Washington Middle School............................ 100,000
Patrick County Education Foundation, Stuart, VA, for a
college access initiative, including GED assistance
for individuals who have dropped out of high school. 218,000
Pawtucket School Department, Pawtucket, RI, for
personnel, equipment and curricula to establish
after school and summer school programs............. 450,000
Peabody-Essex Museum, Salem, MA, to expand the Museum
Action Corps in partnership with Salem High School,
and for exhibits and programming for the Trade Winds
project............................................. 500,000
Pendleton School District, Oregon for dropout prevention
programs............................................ 50,000
Pennsylvania Ballet, Philadelphia, PA, to expand
statewide the ``Accent on Dance'' program which
offers in-school and after-school programs for
elementary and secondary students................... 100,000
Philadelphia Foundation, Philadelphia, PA, for a Sports
and Entertainment Career Expo to expose high school
students in the Philadelphia region to career
opportunities in the sports industry and to assist
organizations in the replication of mentoring pro... 50,000
Philadelphia Health Management Corporation,
Philadelphia, PA, in collaboration with the National
Center for Learning Disabilities to conduct early
childhood literacy training and program development
activities as part of the Get Ready to Read!
Initiative.......................................... 100,000
Philadelphia Martin Luther King, Jr. Association for
Nonviolence Inc., Philadelphia, PA, for its College
for Teens program................................... 100,000
Philadelphia Orchestra, Philadelphia, PA, to expand its
educational programs................................ 175,000
Philadelphia Safe and Sound, Philadelphia, PA, to
establish schools in Strawberry Mansion and Mantua
to serve as a base for family support, community
services, and comprehensive youth development and
after-school programs............................... 300,000
Philadelphia Youth Orchestra, PA to expand after school
arts education programs............................. 150,000
Philadelphia Zoo, Philadelphia, PA, for the Zoo School
Education program and the Junior Zoo Apprentice New
Ventures program to provide at-risk students with
access to science and environmental classes......... 250,000
Phillips School District, WI, for after school programs. 270,000
Pico Union Family Resource Center, Los Angeles, CA, to
expand education programs for youth and adults...... 100,000
Pinellas County Florida School District, St. Petersburg,
Florida, for technology for Title I schools......... 2,000,000
Pittsburgh Cultural Trust, Pittsburgh, PA, to assist
educators with professional development programs
that include workshops and live performances and to
bring area students to the theater for curriculum-
based programs...................................... 100,000
Pittsburgh Digital Greenhouse, Pittsburgh, PA, to
develop high tech curriculum in the Allegheny County
area through a collaborative effort with Penn State
University, University of Pittsburgh, and Carnegie
Mellon University................................... 250,000
Pittsburgh Symphony for an education and outreach
program............................................. 350,000
Pittsburgh Technology Council, Pittsburgh, Pennsylvania,
for training and technology upgrades................ 300,000
Pittsburgh Voyager, PA for math and science education
programs............................................ 250,000
Plymouth Christian Youth Center, Minneapolis, MN, to
expand arts education, after school, technology
training, and other education programs.............. 300,000
Plymouth Community Renewal Center, Louisville, Kentucky,
for after school programs........................... 15,000
Pomona Unified School District, Pomona, CA, for a
Teacher Literacy Training and Technology program.... 400,000
Port Chester-Rye Union Free School District, Port
Chester, NY, for extended day and other expenses to
implement the community schools model in up to three
schools............................................. 600,000
Prince Music Theater, Philadelphia, PA, to develop a
comprehensive in-school and after-school program to
provide at-risk youth with education and training in
the arts............................................ 50,000
Prince William County Public Schools, Manassas,
Virginia, for Middle School Reading and Mathematics
Remediation Program................................. 300,000
Pro Sports Outreach..................................... 50,000
Project 2000, Washington, DC, to support the
continuation of Project 2000, including after-school
and weekend programs which provide academic support
and educational mentoring services to inner city
youth in low-income housing developments in
Southeastern........................................ 125,000
Project GRAD-USA Inc., in Houston, Texas for continued
support and expansion of the successful school
reform program...................................... 20,000,000
Project H.O.M.E., Philadelphia, PA, for the planning and
design of the Honickman Roberts Learning Center, to
provide technology and computer education, youth
academic enrichment, after-school programming, and
adult instruction to disadvantaged residents........ 100,000
Project Intercept Inc., Brooklyn, NY, for mentoring
programs, guidance counselors, and training for
teachers, principals, and parents................... 200,000
Project Rainbow, Philadelphia, PA, to provide early
childhood services and after-school programs as a
means to address the root causes of homelessness.... 250,000
Public Affairs Research Council, Baton Rouge, Louisiana,
for the Louisiana's District Accountability Program. 100,000
Public School District 31, Staten Island, New York for
library books for 4th and 5th graders............... 500,000
Public/Private Ventures, Philadelphia, PA, for the
continued operation and expansion of the Youth
Education for Tomorrow Center, as part of an after-
school, literacy initiative......................... 50,000
Range Association of Municipalities and Schools, Buhl,
MN, for a technology-based teacher education program
serving rural school districts in northeastern
Minnesota........................................... 250,000
Ravenswood City School District, East Palo Alto, CA, for
an e-learning pilot program at Belle Haven
Elementary School in Menlo Park..................... 250,000
Reach Out and Read...................................... 3,000,000
ReadNet Foundation, New York, NY, to fully implement
web-based simulation educational program............ 100,000
Realworld Schools, Inc., Fresno, CA, for personnel,
curricula, professional development, equipment and
other expenses to establish the El Paso Realworld
School.............................................. 150,000
Recognizing Achievement-Rewarding Excellence (R.A.R.E.)
Foundation, Troy, Michigan, to give teachers
effective tools to motivate students in constructive
career paths........................................ 300,000
Reuben Lindh Family Services, Minneapolis, MN, for its
``Family Focus'' preschool education program........ 600,000
Riverside County Office of Education, Riverside,
California, to further implement and develop County
Achievement Team model.............................. 500,000
Robbie Valentine STARS Club Education Program,
Jeffersonville, Indiana, for sports-related
mentoring program in Louisville, Kentucky........... 40,000
Rutgers University Law School to support a scholarship
fund, public interest activities, and its work with
the LEAP Academy Charter School, including the
purchase of books and equipment..................... 500,000
Rye Neck Union Free School District, Mamaroneck, NY, to
implement a school-wide enrichment model program.... 20,000
Sacramento Housing and Redevelopment Agency, CA, in
coordination with the Sacramento City Unified School
District, for early childhood education, after
school and parental support programs for students in
the Franklin Villa community........................ 400,000
Salt Lake City School District, Salt Lake City, Utah for
an english as a second language project............. 200,000
San Bernadino County Superintendent of Schools, CA, to
expand schools-to-careers initiatives, including the
Virtual Hi-Tech High Program, the Virtual Career
Library and teacher training activities............. 500,000
San Juan Unified School District, Carmichael, California
for Focus on Literacy program....................... 217,000
San Pasqual Academy, Escondido, California, for
technology infrastructure........................... 225,000
Santa Barbara Community Youth Performing Arts Center,
Santa Barbara, CA, for salaries and expenses for the
Santa Barbara Junior High Theatre................... 100,000
Santa Barbara High School District, Santa Barbara, CA,
for the San Marcos High School Health Careers
Academy............................................. 50,000
School District 24J, Salem, OR, for the West Salem High
School technology program........................... 100,000
School District of Bayfield, WI, for after school
programs............................................ 295,000
School District of Beloit, WI, for telecommunications
equipment and upgrades.............................. 150,000
School District of Flambeau, Tony, WI, for equipment and
technology to create a national parks virtual
reality education program........................... 50,000
School District of Palm Beach County, FL, for a family
literacy project including bilingual education,
counseling services and distance education, and for
curricula and professional development.............. 700,000
Science and Technology Museum of Georgia, Inc., Atlanta,
Georgia, for SciTrekChallenger Learning Center
project............................................. 50,000
ScienceSouth, Inc., Florence, South Carolina, for
science education programs, science traveling
exhibits, and outreach activities................... 100,000
Sedro-Woolley School District, Mt. Vernon, WA, in
collaboration with the Pacific Northwest Trail
Association, for the Service Knowledge Youth (SKY)
Education Program................................... 300,000
Selma Youth Development Center, Selma, AL, for an ``at-
risk'' youth intervention and training program,
including professional development, school-to-work
training, and conflict resolution activities........ 500,000
Semos Unlimited, Inc., Santa Fe, NM, to develop
bilingual education materials and programs.......... 500,000
Sewickley Area YMCA, PA for education initiatives....... 125,000
Shiloh Community Renewal Center, Louisville, Kentucky,
for after school programs........................... 50,000
Sioux City Community School District in Sioux City, IA
to continue and expand the implementation of testing
software in Iowa.................................... 800,000
Society of St. Vincent de Paul, Detroit, Michigan, for
after school program................................ 250,000
Somerset Independent Schools, Somerset, Kentucky, for
High School Technology Academy...................... 80,000
South Cook Education Consortium, Hazel Crest, IL, for
its ``PowerUP'' education technology enhancement
initiative.......................................... 175,000
South County Family Educational and Cultural Center,
Grover Beach, CA, for the ``Computers to Youth''
program and to expand education programs for
students............................................ 55,000
South Shore Drill Team and Performing Arts Ensemble,
Chicago, IL, for after school educational services
for at-risk students................................ 50,000
Southeast Associated Ministries, Inc., Louisville,
Kentucky, for after school programs................. 20,000
Southeastern Pennsylvania Consortium for Higher
Education (SEPCHE), Philadelphia, PA, to develop
``global curriculum'' challenging students to
develop their knowledge of foreign languages and
culture............................................. 750,000
Southern Star Development Corporation, Louisville,
Kentucky, for after school programs................. 20,000
Space Education Initiatives Inc., Green Bay, Wisconsin,
for professional development programs and technology 500,000
Springfield Public School District #19, Springfield, OR,
for the ``Schools Plus Plus'' initiative to expand
after school, academic and family outreach
initiatives......................................... 500,000
St. Boniface Neighborhood Outreach Program, Inc.,
Louisville, Kentucky, for after school programs..... 50,000
St. Charles Parish School Board, Louisiana, for
technology enhancements............................. 42,000
St. Louis Children's Museum, MO, for a collaborative
project with the St. Louis Public Library to create
interactive exhibits and educational programs....... 500,000
St. Stephens Family Life Center, Louisville, Kentucky,
for after school programs........................... 50,000
St. Tammany Parish School Board, Louisiana, for
technology enhancements............................. 55,000
Stark County Park District, Canton, Ohio, for
``Electronic Education Gateway'' project............ 500,000
State College YMCA, PA for education initiatives........ 150,000
State of Alaska for Right Start extended-day
kindergarten program................................ 1,100,000
State of Utah, Office of Education for a computerized
assessment demonstration project.................... 700,000
Stevens Point Area School District, WI, to implement
smaller learning communities........................ 1,500,000
Superior School District, WI, for after school programs. 500,000
Tacoma Public Schools, Tacoma, WA, to implement an
online learning pilot project....................... 200,000
Tangipahoa Parish School Board, Louisiana, for
technology enhancements............................. 42,000
Teach for America, New York, New York................... 1,000,000
Teen Tyme Productions, Inc., Anchorage, Kentucky, for
positive broadcasting programs for teens............ 10,000
Temple Community Development Corporation, Louisville,
Kentucky, C.A.N. Program for after school programs.. 50,000
Tensas Reunion, Inc., Newellton, LA, for instructional,
technology training, and after school programs at
the Tensas Charter School........................... 200,000
Texas A&M University, Corpus Christi, TX, for education
and training services at its Early Childhood
Development Center.................................. 350,000
Texas Tech University System, Lubbock, Texas, to expand
opportunities in math and science education for K-14
rural school districts.............................. 500,000
The Cleveland Museum of Art, Cleveland, Ohio, for
ARTS.21 program..................................... 500,000
The First Tee, St. Augustine, Florida, to train
instructors about how to teach the core values...... 1,000,000
The Gibson Foundation, Santa Monica, CA, for music
education programs.................................. 250,000
The Lighthouse--A United Methodist Community Center,
Louisville, Kentucky, for after school programs..... 30,000
The Opera Company of Philadelphia, PA for educational
programs............................................ 200,000
Thornton Township High School District 205, South
Holland, IL, for professional development,
technology, technical assistance and other expenses
to implement high school reform activities.......... 500,000
Tides Foundation, for McKelvey entrepreneurial college
scholarships to rural, low income Pennsylvania high
school graduates.................................... 300,000
Tiskelwah Community Center, Charleston, West Virginia,
for at-risk youth and young adult program........... 100,000
Tiskelwah Community Center, Charleston, West Virginia,
for the Bob Burdette after school program........... 150,000
Titusville Area Senior High School, Titusville,
Pennsylvania, for technology infrastructure......... 150,000
Today Foundation, Dallas, Texas, for the development of
an Internet-based learning program.................. 100,000
Toledo Public Schools, OH, for educational services for
at-risk students and their families as part of the
Toledo education-housing partnership pilot program.. 225,000
Town of Cumberland School Department for the
comprehensive Middle School Education initiative.... 150,000
Trinity Family Life Center, Louisville, Kentucky, for
after school programs............................... 30,000
Tuckahoe Union Free School District, Eastchester, NY,
for an external audit of district programs and
practices, and for after school services............ 33,000
U.S. Dream Academy, Inc., Columbia, MD, to improve and
maintain Dream Academy Learning Centers and after
school programs for at-risk children with a family
history of incarceration............................ 600,000
Union Parish Public School System, LA, to implement an
online assessment and interactive instructional
program............................................. 200,000
United Crescent Hill Ministries, Inc., Louisville,
Kentucky, for after school programs................. 25,000
University of Alaska Center for Excellence in Schools to
assist Alaska's low performing schools with meeting
the requirements of new state educational standard.. 1,000,000
University of Alaska Museum in Fairbanks for educational
programs related in support of the Summer Arts
Festival............................................ 150,000
University of Alaska System for Early Education
Development program for SEED (System for Early
Education Development) program to expand early
childhood services for children ages 0-6 and to
train Early Head Start teachers with AAS degrees for
positions........................................... 1,800,000
University of Iowa for the Iowa and Israel: Partners in
Excellence program to enhance math and science
opportunities to rural Iowa students................ 200,000
University of Maine, Coaching Education Initiative to
support a research-based curriculum development and
community awareness program......................... 400,000
University of North Texas and Paul Quinn College for a
math and science teacher academy.................... 250,000
University of Northern Iowa, in collaboration with the
Waterloo Community Schools for the expansion of an
early childhood development center.................. 1,500,000
University of Pennsylvania, Graduate School of
Education, PA, to establish a teacher professional
development center at the University of
Pennsylvania-assisted neighborhood school........... 1,000,000
University of South Alabama, Mobile, Alabama for the
Preparatory Music Program........................... 50,000
University of South Florida, Tampa, FL, for the Tampa
Bay Consortium for the Development of Educational
Leaders and the Preparation and Recruitment of
Teachers............................................ 100,000
University of Southern Mississippi, Frances A. Karnes
Center for Gifted Studies, Hattiesburg, Mississippi,
to expand gifted student summer programs............ 200,000
University of Texas at Tyler, TX, for math and science
teacher training and curriculum development......... 350,000
University of West Florida, Pensacola, Florida, for
Support for Teachers Enhancing Performance in
Schools............................................. 500,000
Urban League of Metropolitan Denver, CO, to expand the
``Urban Adventures'' after school program to
additional sites.................................... 350,000
Utica Zoological Society, Utica, New York, to update the
educational facilities and Teacher Resource Center
and update equipment................................ 250,000
Vancouver Public Schools, Vancouver, WA, for personnel,
technology, and other expenses to expand the
Personalized Learning in a Connected Community
Initiative.......................................... 333,000
Venango County AVTS, Oil City, Pennsylvania, for
technology infrastructure........................... 100,000
Virginia Commonwealth University, Richmond, VA, for the
Great Cities' Universities Urban Educator Corps
Partnership Initiative.............................. 350,000
Virginia War Memorial Educational Foundation in
Richmond, Virginia for program development
associated with the Virginians' At War project...... 150,000
Voyager Expanded Learning, Dallas, Texas, to implement
the Voyager Universal Literacy System demonstration
in the Ohio public schools.......................... 575,000
Warwick After-School Program in Warwick, Rhode Island to
establish a middle school after-school program...... 300,000
Washington Office of the Superintendent of Public
Instruction, State of Washington, for development of
a student data database............................. 500,000
Washington Parish School Board, Louisiana, for
technology enhancements............................. 25,000
Wausau School District, WI, for foreign language, music
and other education programs........................ 650,000
Webster Groves School District, St. Louis, MO, for
computers, and technology equipment and training.... 50,000
West Ed Eisenhower Regional Consortium for Science and
Mathematics, San Francisco, California, for 24
Challenge and Jumping Levels Math................... 225,000
West Philadelphia YMCA, Philadelphia, PA, for
educational and recreational programming to serve
at-risk youth....................................... 250,000
West Valley City in Utah for program improvement and
technology acquisition for an after school families
program............................................. 250,000
Westchester Philharmonic, Hartsdale, NY, for music
education programs.................................. 150,000
West Ed Eisenhower Regional Consortium for Science and
Mathematics, Philadelphia, PA, for statewide
expansion educational programs and curriculum....... 125,000
Western Governors University, Salt Lake City, Utah, for
distance education programs......................... 1,300,000
Westernaires in Golden, Colorado for outreach and
educational programs for at risk youth.............. 500,000
Westside High School, Bakersfield, California, for
equipment........................................... 20,000
Wichita Public School District for staff development.... 250,000
Wisconsin Educational Partnerships, Inc., Chippewa
Falls, WI, for a teacher professional development
initiative.......................................... 650,000
WQLN Educational Services, Erie, PA, to expand the
F.A.M.I.L.I.E.S. Turn onto Literacy program which
emphasizes entire family involvement in teaching a
child to learn to read.............................. 75,000
YMCA of Anchorage for after-school enrichment programs
for at-risk youth................................... 250,000
YMCA of McKeesport, McKeesport, PA, to support the Teen
LEAD................................................ 50,000
YMCA of Metropolitan Fort Worth, Texas, for Together
Reaching Unity Concerning Everyone (TRUCE) project.. 440,000
YMCA Safe Place Services, Louisville, Kentucky, for
after school programs............................... 40,000
Yonkers Public Schools, Yonkers, NY, to implement
smaller learning communities in up to four high
schools............................................. 350,000
Youth Alive, Inc., Louisville, Kentucky, for after
school programs..................................... 15,000
Youth Guidance of Chicago, IL, to implement the Comer
School Development Program in additional schools.... 25,000
YouthPlaces, Pittsburgh, PA, to expand after-school
programs for teenagers from high crime neighborhoods
in the Sto-Rox, Wilkinsburg, Clairton and Duquesne
communities......................................... 100,000
YWCA of Anchorage for after-school enrichment programs
for at-risk school children and their mothers....... 250,000
YWCA of Anchorage Girls in Alaska for the Run and Girls
on Track after school programs...................... 50,000
The conference agreement also includes $1,000,000 for
``Foundations for Learning Grants'' for the promotion of school
readiness through early childhood emotional and social
development, as authorized under the Fund for the Improvement
of Education.
The conferees have included additional funds in this line
item for the Secretary to support programs and projects that
address national priorities in K-12 education.
The Secretary of Education is encouraged to examine the
rapidly-growing use of hand-held computer technology and the
one-to-one (computer-to-student) computing it offers in a
school environment.Handheld computing is rapidly becoming more
affordable, enhancing the cost effectiveness of this approach,
especially when coupled with wireless technology.
Community service and alcohol abuse reduction programs
The conference agreement includes $50,000,000 for grants
for community service for expelled or suspended students and
$25,000,000 for grants to reduce alcohol abuse as proposed by
the Senate. H.R. 246 did not propose separate funding for these
programs.
Teaching of traditional American history
The conference agreement includes $100,000,000 for the
teaching of traditional American history, as proposed by the
Senate instead of $50,000,000 as proposed by H.R. 246.
Civic education
For Civic Education, the conference agreement includes
$29,000,000 instead of $27,000,000 as proposed by H.R. 246 and
$30,000,000 as proposed by the Senate. Of the total,
$12,000,000 is for Cooperative Education Exchanges and
$17,000,000 is for We the People. The conferees support
allocating $1,500,000 of the total amount for a continuation of
the violence prevention demonstration program. Further, the
conferees intend that $3,000,000 be allocated for a cooperative
project among the Center for Civic Education, the Center on
Congress at Indiana University, and the Trust for
Representative Democracy at the National Conference on State
Legislatures to implement a comprehensive program to improve
public knowledge, understanding, and support of American
democratic institutions.
National writing project
The conference agreement includes $17,000,000 for the
National Writing Project instead of $14,000,000 as proposed by
H.R. 246 and $18,000,000 as proposed by the Senate.
English Language Acquisition
The conference agreement includes $690,000,000 for
English Language Acquisition programs as proposed by the Senate
instead of $665,000,000 as proposed by H.R. 246.
Special Education
The conference agreement includes $10,095,639,000 for
Special Education instead of $9,187,804,000 as proposed by H.R.
246 and $11,191,424,000 as proposed by the Senate. The
agreement provides $4,423,639,000 in fiscal year 2003 and
$5,672,000,000 in fiscal year 2004 funding for this account.
Included in these funds is $8,928,533,000 for Grants to
States part B instead of $8,028,533,000 as proposed by H.R. 246
and $10,028,533,000 as proposed by the Senate.
The conference agreement includes $77,715,000 for
research and innovation instead of $70,000,000 as proposed by
the Senate and $78,380,000 as proposed by H.R. 246. Within the
amounts provided for Special Education Research and Innovation,
the conference agreement includes funding for the following:
Best Buddies International, Inc. in Miami, FL to enhance
the lives of people with mental retardation by
providing opportunities for one-to-one friendships
and integrated employment........................... $1,250,000
Best Buddies Pennsylvania, Philadelphia, PA, for the
expansion of programming in Pennsylvania to enhance
the lives of people with mental retardation by
providing opportunities for one-to-one friendships
and integrated employment........................... 25,000
Center for Learning and Technology, Spurwink Institute
to ensure that students with disabilities have
access to high quality education and technology..... 600,000
George Mason University Krasnow Institute, Fairfax,
Virginia, for conducting breakthrough research...... 300,000
Iowa Parent Training Information Center to continue a
pilot on referral and legal advice.................. 100,000
Loudoun Arc, Leesburg, Virginia, for Saturday Leisure
program............................................. 90,000
Middle Tennessee State University, Murfreesboro, TN, for
the Tennessee Center for the Study and Treatment of
Dyslexia to improve instruction for students with
dyslexia............................................ 100,000
National Industries for the Blind, Alexandria, VA, to
establish the NIB National Technical Support and
Training Center to develop a business leadership and
management skills training program for individuals
who are blind....................................... 250,000
Ohio Alliance of Community Center for the Deaf,
Worthington, Ohio, for Ohio Deaf Assistive Services
Model project....................................... 500,000
Ohio School for the Deaf, Columbus, Ohio, for Virtual
Reality for the Deaf and Hard of Hearing project.... 1,350,000
Seton Hill College, Greensburg, PA, for the expansion
and continuation of its integrated certification
program in elementary/special education............. 200,000
St. Joseph's School for the Blind in New Jersey......... 700,000
University of Kentucky's Center for Instructional
Technology and Learning to help special education
teachers integrate technology in their curriculum... 1,000,000
University of Northern Colorado National Center for Low
Incidence Disabilities for development of new
instructional techniques, technologies and materials 500,000
University of Southern Mississippi Center for Literacy
and Assessment in Hattiesburg, Mississippi for
support of the center's programs.................... 750,000
The conference agreement also includes $92,500,000 for
personnel preparation instead of $90,000,000 as proposed by
H.R. 246 and $95,000,000 as proposed by the Senate. The
conferees are particularly concerned about the shortage of
qualified special education teachers and higher education
faculty. Therefore, the conferees have included an additional
$2,500,000 over the request to ensure an increase in funding
for leadership personnel over the fiscal year 2002 level. These
new funds are intended exclusively for training new personnel.
Further, the conferees intend that any funds available over
amounts needed for continuation grants be used to address the
shortage of qualified personnel. The conferees request that the
Department consult with the Appropriations Committees prior to
the announcement of grant competitions for personnel
preparation activities.
The conference agreement includes $26,500,000 for parent
information centers instead of $26,000,000 as proposed by H.R.
246 and $28,000,000 as proposed by the Senate.
The agreement also includes $38,210,000 for technology
and media services instead of $37,710,000 as proposed by the
Senate and $32,710,000 as proposed by H.R. 246. The agreement
includes $10,000,000 for Recording for the Blind and Dyslexic.
The agreement also includes $1,500,000 for Public
Telecommunications Information and Training Dissemination as
proposed by the Senate. H.R. 246 did not contain funds for this
activity.
The conferees continue to recognize the importance of
very small businesses in increasing the quality and cost
effectiveness of the television-captioning program. As this
program transitions into a mandated program as authorized by
the Telecommunications Act, the Department shall give full and
fair consideration to the applications for very small
businesses.
Rehabilitation Services and Disability Research
The conference agreement includes $2,956,382,000 for
Rehabilitation Services and Disability Research instead of
$2,956,676,000 as proposed by H.R. 246 and $2,959,838,000 as
proposed by the Senate.
The conference agreement includes $12,147,000 for client
assistance state grants instead of $12,397,000 as proposed by
the Senate and $11,897,000 as proposed by H.R. 246. The
conference agreement includes $1,000,000 to support programs
designed to improve the quality of applied orthotic and
prosthetic research and help meet the increasing demand for
provider services. The conferees intend that these funds should
be used to support an orthotics and prosthetic awareness
campaign, consisting of an educational outreach initiative
designed to recruit and retain professionals and a series of
consensus conferences to develop and disseminate best practices
in the field.
The agreement also includes $39,629,000 for training as
proposed by H.R. 246 instead of $42,629,000 as proposed by the
Senate. The agreement also includes $21,032,000 for
demonstration and training programs instead of $17,492,000 as
proposed by H.R. 246 and $21,238,000 as proposed by the Senate.
Within the amounts provided for vocational rehabilitation
demonstration and training programs, the conference agreement
includes funding for the following activities:
Abilities Fund in Centerville, IA to create a revolving
loan fund for entrepreneurs with disabilities....... $500,000
Alaska Center for Independent Living Personal Assistance
Services project to bring services to more remote
rural communities................................... 200,000
Allied Services Foundation, Clarks Summit, Pennsylvania,
to increase rehabilitation and fitness programs for
those recuperating from strokes, spinal cord
injuries and other conditions....................... 100,000
American Stroke Foundation, Overland Park, KS, for a
stroke rehabilitation center........................ 300,000
Apple Patch Community Inc., Crestwood, Kentucky, for
vocational training for adults with mental
retardation......................................... 20,000
Cerebral Palsy Research Foundation's Rehabilitation
Research and Training Center at Wichita State
University, Kansas to continue helping people with
disabilities obtain self-sufficient employment...... 300,000
Challenge Alaska in Girdwood, Alaska for equipment
acquisition and program support of the Adaptive Ski
School.............................................. 200,000
City of Carson, California, for rehabilitation and
related services at the Joseph B. O'Neal, Jr. Stroke
Center.............................................. 145,000
Easter Seals of Southeastern Pennsylvania for program
development in support of adults and children with
disabilities........................................ 150,000
Enable America, Inc., Tampa, Florida, for civic/
citizenship demonstration project for disabled
adults.............................................. 300,000
Lark Enterprises, Inc., New Castle, Pennsylvania, for
Lark Enterprises Day Treatment Program for Persons
with Autism......................................... 100,000
Louisiana Center for the Blind in Lincoln Parish, LA to
provide education and rehabilitation for blind
children and adults................................. 50,000
Madonna Rehabilitation Center in Lincoln, Nebraska, to
create a new standard of rehabilitation practice and
program design for children and adults with
disabilities........................................ 500,000
Northern Illinois University in DeKalb, Illinois to
train teachers and rehabilitation specialists for
blind persons....................................... 75,000
Vermont Department of Aging and Disabilities for the
Vermont Jump on Board for Success Initiative........ 100,000
Wisconsin Coalition for Advocacy to establish a new
office of protection and advocacy services for
individuals with disabilities....................... 100,000
The Arc of Northern Rhode Island, Woonsocket, RI, for
vocational rehabilitation services for individuals
with developmental disabilities..................... 200,000
University of Wisconsin-Stout, Menomonie, WI, to
establish The Excellence and Leadership Center at
the Stout Vocational Rehabilitation Institute....... 200,000
The conference agreement includes $17,000,000 for
Protection and Advocacy of Individual Rights instead of
$15,200,000 as proposed by H.R. 246 and $17,500,000 as proposed
by the Senate.
The conference agreement includes $70,000,000 for
Independent Living Centers as proposed by H.R. 246 instead of
$69,500,000 as proposed by the Senate. The agreement also
includes $28,000,000 for services for older blind individuals
as proposed by the Senate instead of $30,000,000 as proposed by
H.R. 246.
The conference agreement includes $27,000,000 for
assistive technology as proposed by the Senate instead of
$30,884,000 as proposed in H.R. 246. The agreement also
includes language allowing States which have received assistive
technology extension grants in the past and are scheduled to be
phased out of the program to continue to receive an award in
fiscal year 2003 at the fiscal year 2002 level. This language
is provided to allow time for the authorizing committees of
jurisdiction to review the program in the context of
reauthorizing the Assistive Technology Act. The conferees are
aware that this program was originally designed to be ``seed
money'' to develop assistive technology activities at the State
level. The authorizing statute specifies that the State grant
portion of the program would sunset after ten years, giving
States time to develop their own programs in this area. The
conferees encourage States to increase their support for
protection and advocacy activities in planning their
distribution of resources in the area of assistive technology.
The conferees are pleased that the National Institute on
Disability and Rehabilitation Research has recognized chronic
fatigue syndrome (CFS) as an unmet area of research and is
funding a CFS research study. The conferees encourage NIDRR to
continue to pursue CFS-related research proposals through its
investigator-initiated and other grants programs.
Special Institutions for Persons With Disabilities
National Technical Institute for the Deaf
The conference agreement includes $54,050,000 for the
National Technical Institute for the Deaf instead of
$53,500,000 as proposed by H.R. 246 and $54,600,000 as proposed
by the Senate. The agreement also includes language proposed by
the Senate allowing NTID to use funds from the total for the
endowment program at its discretion instead of language
proposed by H.R. 246 specifying that not less than $1,000,000
shall be for the endowment program and available until
expended.
Gallaudet University
The conference agreement includes $98,438,000 for
Gallaudet University as proposed by the Senate instead of
$95,000,000 as proposed by H.R. 246. The agreement also
includes language proposed by the Senate allowing Gallaudet to
use funds from the total for the endowment program at its
discretion instead of language proposed by H.R. 246 specifying
that not less than $1,000,000 shall be for the endowment
program and available until expended.
Vocational and Adult Education
The conference agreement includes $1,956,060,000 for
Vocational and Adult Education instead of $1,919,560,000 as
proposed by H.R. 246 and $1,938,060,000 as proposed by the
Senate. The agreement provides $1,165,060,000 in fiscal year
2003 and $791,000,000 in fiscal year 2004 funding for this
account.
The conference agreement includes $1,200,000,000 for
Vocational Education basic state grants as proposed by H.R. 246
instead of $1,180,000,000 as proposed by the Senate.
The conferees continue to believe that technical
institutes play an important role in developing a highly-
skilled workforce, and that these institutes should have equal
access to vocational and technical education funding. The
conferees encourage the Department and the authorizing
committees of jurisdiction to consider approaches to ensuring
such equal access when developing their reauthorization
proposals for the Carl D. Perkins Vocational and Applied
Technology Education Act, which is due to be reauthorized this
year.
The conference agreement includes $108,000,000 for Tech
Prep as proposed by the Senate, instead of $110,000,000 as
proposed by H.R. 246.
The conference agreement includes $7,000,000 for Tribally
Controlled Postsecondary Vocational Institutions as proposed by
the Senate instead of $6,500,000 as proposed by H.R. 246. The
agreement also includes language proposed by the Senate
notwithstanding any other provision of law or any regulation
that the Secretary of Education shall not require the use of a
restricted indirect cost rate for grants issued pursuant to the
tribally controlled postsecondary vocational and technical
institutions program. H.R. 246 did not contain this provision.
The agreement also includes $9,500,000 to continue the
occupational and employment information program instead of
$10,000,000 as proposed by the Senate. H.R. 246 did not include
funding for this activity.
The conference agreement includes $5,000,000 for the
tech-prep education demonstration authorized under section 207
of the Perkins Act as proposed by the Senate. The agreement
also includes $23,500,000 for State Grants for Incarcerated
Youth instead of $25,000,000 as proposed by the Senate. H.R.
246 did not provide funding for these activities.
Student Financial Assistance
The conference agreement includes $13,450,500,000 for
Student Financial Assistance instead of $13,171,610,000 as
proposed by H.R. 246 and $13,151,500,000 as proposed by the
Senate.
The agreement provides a program level of $11,439,000,000
for Pell Grants instead of $11,200,110,000 as proposed by H.R.
246 and $11,180,000,000 as proposed by the Senate. The
agreement also increases the maximum Pell Grant to $4,050 for
award year 2003-2004 instead of $4,000 as proposed by H.R. 246
and $4,100 as proposed by the Senate. Additional funds are
included within the appropriation for the Pell Grant program to
continue to pay down the shortfall that has been accumulating
in the program over the past two fiscal years.
The conferees are aware that many postsecondary
institutions are struggling to make the most efficient use
possible of their facilities as they prepare for enrollments
that will grow by more than two million students over the next
decade. Under the Department of Education's current practice,
however, students may receive only one Pell Grant in a calendar
year, limiting low-income students' ability to enroll year
round. In the House report accompanying the Fiscal Year 2002
Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, the Committee requested that the
Department submit a report, not later than March 1, 2002, on
the feasibility and cost of conducting a demonstration program
under Section 487(A)(b) of the Higher Education Act to provide
two Pell Grants in one calendar year to students at selected
institutions of higher education. The conferees note that the
Department has failed to provide this report and again request
that the Department provide this report to the House and Senate
Committees on Appropriations, the House Committee on Education
and the Workforce, and the Senate Committee on Health,
Education, Labor, and Pensions no later than May 1, 2003.
The conference agreement also includes $765,000,000 for
the Supplemental Educational Opportunity Grants program instead
of $725,000,000 as proposed by both H.R. 246 and the Senate.
The conferees continue to be concerned about issues
within the consolidation loan program. The conferees are aware
that some borrowers would like to see the current law changed
to allow for consolidation with any lender or holder,
regardless of how many lenders with whom the borrower has
loans. The conferees are concerned that without change to the
current law governing consolidation loans, some borrowers may
not be permitted to consolidate their loans with any lender
they choose. The leaders of the authorizing committees have
expressed a desire to address this and other issues during the
reauthorization of the Higher Education Act so as to address
the Consolidation Loan Program as a whole. The conferees urge
those committees to ensure borrowers have the best options
available to them in order to manage their student loan
obligations.
Higher Education
The conference agreement includes $2,100,701,000 for
Higher Education instead of $1,903,553,000 as proposed by H.R.
246 and $2,047,640,000 as proposed by the Senate.
Aid for institutional development
The conference agreement includes $82,000,000 for
strengthening institutions as proposed by the Senate instead of
$76,275,000 as proposed by H.R. 246. The agreement also
includes $93,000,000 for Hispanic Serving Institutions as
proposed by the Senate instead of $89,096,000 as proposed by
H.R. 246.
The conference agreement includes $215,415,000 for
Strengthening Historically Black Colleges and Universities as
proposed by the Senate instead of $213,415,000 as proposed by
H.R. 246.
The conference agreement includes $53,764,000 for
Historically Black Graduate Institutions as proposed by the
Senate instead of $50,764,000 as proposed by H.R. 246. The
conference agreement also includes $8,234,000 for Alaska and
Native Hawaiian Institutions as proposed by the Senate instead
of $6,734,000 as proposed by H.R. 246.
The conference agreement includes $23,000,000 for
Strengthening Tribal Colleges as proposed by the Senate instead
of $18,130,000 as proposed by H.R. 246. The conferees agree
that the funds provided shall be used to support continuation
of existing basic grants and new planning or implementation
grant awards. The remaining funds shall be available for grants
for renovation and construction of facilities to help address
urgently needed facilities repair and expansion.
Fund for the improvement of postsecondary education
The conference agreement includes $172,737,000 for the
Fund for the Improvement of Postsecondary Education instead of
$39,138,000 asproposed by H.R. 246 and $126,926,000 as proposed
by the Senate. Within the amounts provided for the Fund for the
Improvement of Postsecondary Education, the conference agreement
includes funding for the following:
AIB College of Business, Des Moines, IA, to recruit and
train students in captioning and court reporting.... $500,000
Alabama A&M University in Normal, Alabama for equipment
acquisition related to the research institute....... 550,000
Albany State University in Albany, Georgia, for teacher
and nurse training in underserved professions....... 500,000
Albright College, Reading, PA, for the Albright Wireless
Education and Training Center for training and
information services................................ 100,000
Alcorn State University in Lorman, Mississippi for the
Midsouth Partnership for Rural Community Colleges in
Mississippi for a pilot program to connect community
colleges and 4-year university research............. 500,000
Alvin Community College, Alvin, Texas, to train real-
time captioners to provide closed captioning to the
deaf and hard-of-hearing............................ 1,000,000
American Samoa Community College, Pago Pago, American
Samoa, to establish a computer lab.................. 500,000
Ashland University--Institute for Human Investment and
Economic Growth, Ashland, Ohio, for Regional
Economic Development training....................... 250,000
Assumption College for technology infrastructure........ 100,000
AuCoin Institute for Ecological, Economic, and Civic
Studies for curriculum development.................. 150,000
Baldwin-Wallace College in Ohio for expansion of the
SPROUT program...................................... 275,000
Ball State University, in Muncie, Indiana, for the
expansion of programs administered by the Midwest
Entrepreneurial Education Center.................... 1,000,000
Baylor University, Waco, TX, for the GEAR UP Waco
program, in partnership with the Waco Independent
School District..................................... 500,000
Beresford Community Education in Beresford, SD to expand
community education programs........................ 150,000
Birmingham Southern College in Birmingham, Alabama for
technology acquisition.............................. 100,000
Bloomsburg University, Bloomsburg, PA, in collaboration
with the Columbia Alliance for Economic Growth, for
technological infrastructure improvements for the
Bloomsburg Regional Technology Center............... 100,000
Buena Vista University in Storm Lake, Iowa for upgrades
and equipment for the science center................ 500,000
Butler Community College, El Dorado, Kansas, for a
leadership studies program.......................... 250,000
C.O.E.I.T.T.--Center for Excellence in Information
Technology and Telecommunications (OSU, OU, TU, &
the IT community) for program development, including
acquisition of technology........................... 200,000
Cabrini College, Radnor, PA, for equipment for
programming for the Center for Science, Education,
and Technology for K-12 students.................... 200,000
Caldwell College, Caldwell, New Jersey, for Center for
Excellence in Teaching Initiative................... 950,000
California State University, Monterey Bay, CA, for a
research center on the use of wireless technology in
education and industry.............................. 425,000
California State University, Northridge, CA, for
technology and other expenses to develop an
entertainment engineering curriculum................ 400,000
Catawba Valley Community College, Hickory, North
Carolina for operation costs of the Hickory
Metropolitan Higher Education Center................ 250,000
Cayauga Community College, Auburn, New York, for
technology upgrades................................. 275,000
Centenary College, Hackettstown, New Jersey, for
technology initiative............................... 350,000
Center for Community Transformation, Chicago, IL, to
support faculty, student fellowships, and ongoing
secular educational activities in community
leadership transformation........................... 125,000
Central College, Pella, Iowa, for teacher training in
technology and for distance education programs...... 800,000
Central Florida Community College, Ocala, Florida, for
teacher training.................................... 500,000
Chamber Foundation, Columbus, Ohio, for the ``College
Access'' and ``Career Steps'' programs.............. 405,000
Chicago State University, Chicago, IL to expand Weekend
College instructional programs...................... 225,000
City College of San Francisco, San Francisco, CA, for
the National Articulation and Transfer Network to
facilitate the completion of postsecondary education
by underrepresented African-American, Hispanic/
Latino, and Native American students................ 250,000
Clatsop Community College, Clatsop County, Oregon for
technology and equipment acquisition................ 50,000
Clemson University College for a program design to
recruit minority males as teachers in public schools 700,000
Coffeyville Community College for computer network
enhancement......................................... 250,000
College of Southern Idaho for development of distance
learning services, including the acquisition of
technology.......................................... 300,000
Columbia College Chicago, IL, for a Center for the Study
of Women in the Arts and Media...................... 125,000
Columbia University, New York, for a joint project with
the Hostos Community College of the City University
of New York, to train minority students in foreign
policy disciplines through distance learning........ 350,000
Community College of Beaver County, Monaca, PA, to
acquire state-of-the-art technology to support
educational programming............................. 50,000
Concurrent Technologies Corporation, Largo, Florida, for
Community College/Vocational Industry Cluster HUBS
initiative.......................................... 1,250,000
Cossatot Community College of the University of
Arkansas, De Queen, AR, for early childhood
education instructional staff and equipment......... 475,000
Cowley Community College, Wichita, Kansas, for the
Southside Learning Center, for equipment............ 250,000
Cuesta College, San Luis Obispo, CA, for supplies and
equipment for its nursing education program......... 35,000
Curry College in Massachusetts for technology and
programs to assist learning disabled students....... 175,000
Cuyahoga Community College's Music and Education
Technology Program, Cleveland, Ohio to support a
program of music study integrated with technology... 405,000
Cuyamaca College, Rancho San Diego, California, for
expanded math and science education................. 700,000
Daemen College, Amherst, New York, after-school
enrichment programs for people with developmental
disabilities........................................ 1,300,000
Dakota State University in Madison, SD, for technology
and equipment for a model distance learning center.. 900,000
Dakota Wesleyen University, Mitchell, SD, to acquire
technology and equipment to serve the George
McGovern Library.................................... 1,000,000
Darton College, Albany, GA, to expand minority and
nontraditional student recruitment and academic
support activities.................................. 900,000
Daytona Beach Community College, Florida, for
instructional equipment and technology
infrastructure for the Advanced Technology Center... 250,000
Dean College, Franklin, MA, to improve curricula and
upgrade mathematics, science and writing
laboratories for students with disabilities......... 150,000
DeSales University, Center Valley, PA, for computer
wiring for smart class rooms for training for area
K-12 teachers and students.......................... 100,000
Dowling College, Oakdale, NY, for personnel,
instructional materials, student scholarships, and
other expenses for a Minority Teacher Development
and Training Center................................. 400,000
Drexel University, Philadelphia, PA, for the development
and expansion of the Math Forum as a national, on-
line math education center.......................... 250,000
Durham Technical Community College, Durham, NC, for
personnel, student scholarships, and other expenses
to improve the articulation of community college
students into teacher preparation programs.......... 50,000
D'Youville College in Buffalo, NY to increase enrollment
and improve outreach in the nursing program......... 250,000
Eastern University, Philadelphia, PA for new bilingual
health care studies program and purchase of
equipment in support of program expansion........... 300,000
Eastern Washington University, Cheney, Washington,
Technology Initiative for the New Economy........... 510,000
Eckerd College, St. Petersburg, Florida, for Alternative
Teacher Certification Program....................... 500,000
Eckerd College, St. Petersburg, Florida, for technology
infrastructure...................................... 1,250,000
Edinboro University Education Center--Precision
Manufacturing Institute............................. 450,000
Edward Waters College, Jacksonville, FL, for library
enhancements, technology, and telecommunications
upgrades............................................ 500,000
Elgin Community College, Elgin, Illinois, for Integrated
Systems Technology Program.......................... 250,000
Embry-Riddle Aeronautical University, Prescott, Arizona,
for academic and technical literature............... 500,000
Emerson College in Boston for the Tufte Performance and
Production Center Initiative........................ 800,000
Emporia State University, Emporia, Kansas, for
technology upgrade.................................. 400,000
Environmental Interpretive Facilities at the Juanita
College Raystown, Huntingdon, Pennsylvania, for
equipment........................................... 500,000
Evergreen State College in Olympia, Washington for
research and curriculum costs of a program
addressing the needs of tribal governments.......... 150,000
Excelsior College, Albany, New York, for curriculum
development......................................... 250,000
Fayetteville Technical Community College, Fayetteville,
North Carolina, for the Adventure of the American
Mind program........................................ 150,000
Federation of American Scientists, Washington, D.C., for
Digital Opportunity Investment Trust................ 750,000
Federation of Independent Illinois Colleges and
University for telecommunications equipment and for
training programs necessary to link educational
institutions to a high bandwidth network............ 100,000
Fisk University in Nashville, Tennessee for technology
acquisition in support of a new information
technology center and to improve student learning... 300,000
Florida Campus Compact, Tallahassee, FL, to enhance
service-learning on college campuses throughout
Florida............................................. 500,000
Ft. Lewis College, Center for Southwest Studies in
Colorado for the acquisition of equipment and
technology and an educational program for Native
American interns.................................... 1,600,000
Gateway Community College, New Haven, CT, to implement
an associates degree nursing program................ 250,000
George Meany Center for Labor Studies--the National
Labor College for curriculum development............ 750,000
Georgia College and State University, Milledgeville,
Georgia, for the Paul Coverdell Institute and
Archives............................................ 800,000
Glenville State College, Glenville, WV, for faculty,
curricula, and equipment to establish a computer
science and information technology program.......... 175,000
Gonzaga University, Spokane, Washington, for furnishing,
equipment and salaries for their natural resources
and research program................................ 510,000
Governors State University, University Park, IL, for
equipment and training programs at the College of
Education Family Development Center................. 150,000
Grambling University in Lincoln, Louisiana to increase
the number, skills and competitiveness of minority
faculty and students in biomedical research......... 150,000
Grand Valley State University, Allendale, Michigan, for
Teacher Academy..................................... 500,000
Great Plains Center for Applied Latino/Latin American
Studies at University of Nebraska at Omaha to
stimulate the academic study of Latino and Latin
American culture, history and economics............. 1,000,000
Harford County Public Schools, Bel Air, MD, for support
of a math and science magnet school program at
Aberdeen High School................................ 500,000
Harrisburg Polytechnic Institute, Harrisburg, PA, for a
K-16 curriculum, equipment, and technology upgrades. 262,000
Hartwick College, Oneonta, New York, for equipment...... 750,000
Hickory Metropolitan Higher Education Center, Hickory,
North Carolina for program development.............. 125,000
Higher Education Learning Center in Des Moines, Iowa for
curriculum development.............................. 100,000
Highline Community College, Des Moines, Washington, to
establish a Marine Science and Technology Center.... 500,000
Hofstra University to equip smart classrooms for teacher
education........................................... 50,000
Holy Family College, Philadelphia, PA, to develop on-
line based teacher training programs for teacher
certification and other teacher training............ 50,000
Huntingdon College for Training Teachers in Technology
in Montgomery, Alabama.............................. 500,000
Huntington Junior College, WV, for personnel, curricula,
student scholarships, and other expenses to recruit
and train students in real-time captioning.......... 900,000
Independence Community College, for early childhood
education center to train teachers for tomorrow..... 250,000
Indian Hills College in Ottumwa, Iowa for technology
upgrades and equipment at the Bioprocess Training
Center.............................................. 500,000
Indian River Community College, Ft. Pierce, St. Lucie,
Florida, for Grow Our Own Teachers project.......... 800,000
Indiana University, Bloomington, IN, for the Center on
Congress civic education program.................... 50,000
Iowa Central Community College, Fort Dodge, Iowa, for
Iowa Communications Network Pilot Program........... 300,000
Iowa Student Aid Commission to continue a program of
loan forgiveness for teachers....................... 500,000
Jackson State University, Jackson, MS, to establish an
e-center focused on electronic-based teaching and
learning, research, and community outreach and
services............................................ 550,000
James W. Norman Hall, University of Florida,
Gainesville, Florida, for technology and
infrastructure project.............................. 250,000
Jefferson College, Hillsboro, MO, for personnel,
technology and other expenses to establish a Center
for the Study of Local Issues....................... 100,000
Johnson and Wales University in Providence, RI, to
enhance its teacher preparation program............. 100,000
Johnson C. Smith University, Charlotte, NC, to establish
a Campus and Community Center for Learning and
Technology to address education needs in the region. 150,000
Kean University, Union, New Jersey, for Global Studies
and UN Internship Program........................... 100,000
Kent State University, Kent, Ohio, for Institute for
Computational Design................................ 1,250,000
Kent State University's Liquid Crystal Institute in Ohio
for educational programs............................ 475,000
Kentucky Wesleyan College's Science Center for equipment
and educational programs............................ 500,000
Keystone Central School District in Pennsylvania, in
collaboration with Lock Haven University, to
continue a model alternative school................. 750,000
Keystone College, La Plume, Pennsylvania, to equip an
Environmental Science Laboratory and Resource Center
and a Center for Teaching, Learning and Technology.. 450,000
Lake Forest College, Illinois, to develop a new state-
of-the-art library and learning center.............. 25,000
Langston University, Langston, Oklahoma, to fund a
scholarship endowment for students to be designated
as the ``Thurgood Marshall Endowed Scholarship''.... 225,000
Le Moyne College, Syracuse, New York, for upgrading
equipment........................................... 125,000
Lehigh University, Bethlehem, PA, for the Center for
Promoting Healthy Development for Individuals with
Disabilities for research to develop strategies to
improve the health of individuals with disabilities. 100,000
Lehman College, Bronx, New York, for a distance learning
initiative to connect pre-service teachers with
experienced classroom teachers...................... 200,000
Lewis and Clark Community College, Godfrey, IL, for
activities related to the study of aquatic and
terrestrial ecosystems at the Great Rivers Research
and Education Center................................ 900,000
Lincoln University, Lincoln University, PA, to purchase
laboratory and computer equipment for state-of-the-
art science laboratories, and to enhance its
chemistry, physics, biology and computer science
technology capabilities............................. 100,000
Lorain County Community College, Elyria, OH, for
telecommunications and technology upgrades, course
development, and instructional support for the
Learning Technology Center.......................... 250,000
Los Angeles Mission College, CA, for its Economic Self-
Help Project to train small business owners......... 300,000
Los Angeles Valley College, Valley Glen, CA, for a
career ladder nursing program in collaboration with
Los Angeles Southwest College....................... 250,000
Louisiana State University, Baton Rouge, Louisiana, for
its Law Center, Medical and Biotechnology project to
recruit and train laws/medicine specialists, develop
health care programs, databases and training........ 200,000
Lourdes College, Sylvania, OH, for professional
development, technology upgrades, equipment, and
education outreach programs......................... 225,000
Loyola University, Chicago, IL, for science laboratory
equipment........................................... 500,000
Lyon College, Batesville, AR, for acquisition of lab
equipment and communications system upgrades for its
Center for Science and Mathematics.................. 300,000
Manhattanville College, Purchase, NY, for the ``Jump
Start'' alternative teacher certification program... 500,000
Manor College, Jenkintown, PA, for a veterinary
technician distance education program............... 100,000
Maricopa County Community College District, Phoenix, AZ,
for the Hispanic Nursing Fellows Program to address
the national nursing shortage....................... 100,000
Maricopa County Community College District, Tempe, AZ,
for personnel, student scholarships and other
expenses to expand a national center to improve
teacher recruitment, preparation and retention...... 400,000
Maricopa County Community College District, Tempe, AZ,
for the Hispanic Nursing Fellows Program, including
student scholarships................................ 200,000
Maryland Association of Community Colleges to reinforce
community colleges' ability to educate and train the
Information Technology workforce throughout Maryland 950,000
Maxine Waters Employment Preparation Center, Los Angeles
Unified School District, CA, to expand education and
training programs................................... 200,000
Mendocino-Lake Community College District, Ukiah, CA, to
develop an associates degree program in nursing..... 200,000
Mercyhurst College, PA, for program support and
equipment in support of the Institute of Public
Health.............................................. 200,000
Mesa State College, Grand Junction, Colorado, for
Teacher Preparation Initiative...................... 116,000
Mid-State Technical College, Wisconsin Rapids, WI, for
instructional supplies, faculty and capital
equipment to expand an urban forestry program....... 500,000
Military Heritage Foundation, Carlisle, PA, for the
United States Army History Institute Military
History Institute to provide joint research and
teaching opportunities in military and social
history............................................. 125,000
Minnesota State Colleges and Universities, St. Paul,
Minnesota, for development of an e-monitoring
environment......................................... 600,000
Minot State University, Minot, North Dakota, to continue
providing disability services to remote rural
communities......................................... 200,000
Mississippi State University for the Midsouth
Partnership for Rural Community Colleges in
Mississippi for a pilot program to connect community
colleges and 4-year university research............. 500,000
Mississippi Valley State University, Itta Bena, MS, to
establish a master of science degree program in
bioinformatics...................................... 350,000
Mitchell Technical Institute in Mitchell, SD, for
technology and equipment............................ 110,000
Molloy College in New York for smart classrooms for the
nursing department.................................. 50,000
Montana State University in Billings, Montana, for the
development of a computer technology program........ 700,000
Montclair State University, NJ, for the Center for
Teacher Preparation and Learning Technology to
expand teacher training programs.................... 300,000
Montgomery County Community College, Blue Bell, PA, for
personnel, curricula, technology, and other expenses
for an advanced technology center................... 375,000
Moravian College, Bethlehem, PA, for computer wiring for
smart class rooms for training for area K-12
teachers and students............................... 100,000
Mount Aloysius College, Cresson, PA, for the training of
faculty in the use of technology-based curriculum... 100,000
Mount Union College, Alliance, Ohio, for Master Teacher
program............................................. 100,000
Mount Union College/Alliance City Schools, Alliance,
Ohio, for Early Childhood Center.................... 100,000
Mt. Vernon Nazarene College, Mt. Vernon, OH, equipment,
technology upgrades of the Natural Sciences and
Social Sciences facility............................ 600,000
National Aviary Conservation Education Technology
Integration in Pittsburgh........................... 250,000
National University, La Jolla, California, for the
Institute for Persons Who Are Hard of Hearing or
Deaf................................................ 500,000
New College of California, San Francisco, CA, to
establish degree programs in community studies,
urban ecology and sustainability studies, and
spirituality and politics through a new institute,
and for student scholarships........................ 400,000
New England Board of Higher Education, Boston, MA, for a
study of minority student participation in science
and technology disciplines.......................... 200,000
New Hampshire Community Technical College in New
Hampshire for a distance learning initiative,
including the acquisition of technology............. 500,000
New World Symphony, Miami Beach, FL, for distance
education music programs............................ 100,000
Nicholls State University, Thibodaux, Louisiana, for
Advanced Technology Center or Intergenerational
Center.............................................. 400,000
Northeastern State University, Tahlequah, OK, for
expenses to support faculty and students at the
Center for Rural Development........................ 250,000
Northern Essex Community College, Lawrence,
Massachusetts, for the procurement and maintenance
of educational equipment and technology
infrastructure at NECC's technology training center. 200,000
Northern Illinois Center for Accelerator and Detector
Development, DeKalb, Illinois....................... 2,000,000
Northern Kentucky University, Highland Heights, KY, to
expand technology certification and degree programs,
distance learning and K-16 partnerships............. 150,000
Northern State University in Aberdeen, South Dakota, for
technology and equipment at the Center for Statewide
E-Learning.......................................... 300,000
Northwestern College, Orange City, Iowa, for sound
technology for Theatre Arts Center.................. 200,000
Northwestern State University, Natchitoches, Louisiana,
for Campus Technological Infrastructure Enhancement
project............................................. 166,000
Northwest-Shoals Community College, Muscle Shoals, AL,
for personnel, telecommunications, technology and
security enhancements............................... 400,000
Norwalk Community College, Norwalk, Connecticut, for
equipment and personnel needed to launch the
Community Security Institute........................ 500,000
Oakland Community College, Bloomfield Hills, MI, to
develop a curriculum for the Center for Combined
Regional Emergency Services Training................ 250,000
Ohio Center for Advancement of Women in Public Service,
Cleveland State University, Cleveland, Ohio, for
developing training curricula, training program,
operating costs to create the Legislative/Executive
Training Institute.................................. 250,000
Ohio Wesleyan University, Delaware, Ohio, for
implementing programs to encourage greater minority
participation in the sciences for undergraduate and
precollege populations.............................. 775,000
Oklahoma Regents of Higher Education, Oklahoma City,
Oklahoma, to complete Ponca City's internet Hub
project............................................. 1,500,000
Oklahoma State University, Okmulgee, OK, for its
Commerce Development Center......................... 125,000
Online Louisiana for equipment and IT................... 250,000
Palmer College of Chiropractic in Davenport, IA, for
equipment and technology for the Learning Resource
Center.............................................. 500,000
Pasadena City College, Pasadena, CA, to develop a
biotechnology training program...................... 93,000
Peirce College, Philadelphia, PA, for technology
enhancements, course development, faculty training
and outreach activities to expand Peirce Online..... 200,000
Philadelphia University, Philadelphia, PA, to upgrade
its campus-wide technology infrastructure to expand
programmatic advances offered by the University's
High Technology Education Center.................... 600,000
Pittsburgh Tissue Engineering Initiative, Pittsburgh,
PA, to expand its Teacher Education Program in order
to introduce the concept of tissue engineering into
the classroom....................................... 100,000
Polk Community College, Winter Haven, Florida, to
establish a Corporate College to meet the locally
identified education and training needs of the
business community.................................. 500,000
Portland State University, Portland, OR, for
instructional programs, distance learning and
equipment for the Northwest Center for Engineering,
Science, and Technology............................. 1,000,000
Prince George's Community College, Largo, MD, for
equipment, technology, and operating expenses for an
extension center near Andrews Air Force Base........ 500,000
Providence College, RI, for equipment, technology and
educational programs for its Center for the Arts.... 250,000
Rochester Institute of Technology, NY, for equipment for
the Center for Biotechnology Education and Training. 422,000
Saginaw Valley State University, University City,
Michigan, for equipment, wiring and computer upgrade 500,000
Salt Lake Community College in Salt Lake City, Utah, to
improve student learning through additional
technology and equipment acquisition................ 500,000
Santa Clara University, CA, for telecommunications and
technology equipment and upgrades................... 900,000
Santa Clarita Community College District, Santa Clarita,
California, for equipment, personnel for the
University Center................................... 500,000
Science Education Technology initiative at University of
Alabama to increase students success in biology,
computer science, and physics....................... 500,000
Seminole State College, Seminole, OK, for the Fast Track
program at the School of Nursing for student
support, scholarships and other services and
assistance.......................................... 50,000
Seminole State College, Seminole, Oklahoma, for the
Technology Center for technology purchases.......... 175,000
Seton Hall University, South Orange, NJ, for the Life
Science and Technology Center....................... 100,000
Shenandoah University, Winchester, Virginia, for the
Computer Technology Enhancement program to retrain
teachers............................................ 180,000
Slippery Rock University, Slippery Rock, PA, for
Knowledge Pointe at Cranberry Woods, as part of an
initiative to provide life-long educational services
to Pittsburgh's regional industry and community
residents........................................... 100,000
Slippery Rock University, Slippery Rock, Pennsylvania,
for the North Hill Educational Alliance............. 100,000
Snead State Community College, Boaz, Alabama, for
computers and technology enhancements............... 70,000
Sonoma State University, Rohnert Park, CA, for
communications and laboratory equipment to establish
a graduate program in computer and engineering
sciences............................................ 300,000
South Carolina State Board for Technical and
Comprehensive Education, Columbia, SC, for distance
learning programs................................... 500,000
South Dakota Board of Regents to upgrade the South
Dakota Library Network.............................. 500,000
South Piedmont Community College, Polkton, North
Carolina, for equipment............................. 400,000
Southampton College, NY, for science equipment and
technology upgrades at its Marine Science Center.... 253,000
Southeast Missouri State University, Cape Girardeau,
Missouri, River Campus Initiative................... 1,200,000
Southern Illinois University, Carbondale, IL, for the
Paul Simon Public Policy Institute.................. 1,000,000
Southern New England School of Law, North Dartmouth, MA,
to support faculty, staff, and student stipends for
the establishment of an immigration clinic.......... 125,000
Southern New Hampshire University in New Hampshire for a
distance learning initiative, including the
acquisition of technology........................... 500,000
Southern Oregon University, Ashland, Oregon, to create
and expand teacher training program and develop a
new undergraduate theatre technology curriculum..... 500,000
Southern University in East Baton Rouge, Louisiana, for
infrastructure upgrades such as internet and
teleconferencing capabilities....................... 150,000
Southern West Virginia Community and Technical College,
Mt. Gay, WV, for personnel, curricula, equipment and
technology to expand information technology programs 500,000
Spalding University Online, Louisville, Kentucky, for
distance learning program for teacher professional
development......................................... 50,000
Spoon River College, Canton, IL, for equipment for
community technology centers in Canton and Macomb,
Illinois............................................ 275,000
St. Petersburg College, St. Petersburg, Florida, for
Project Eagle online learning program............... 4,500,000
St. John's University to develop curriculum and improve
minority recruitment to the pharmacy program........ 100,000
St. Cloud State University, MN, for nursing education
programs............................................ 250,000
St. Francis College, Brooklyn, New York, for technology
initiative.......................................... 500,000
St. Mary's College of Maryland, St. Mary's City, MD, for
technology upgrades................................. 250,000
Stark State College of Technology, Canton, Ohio, for
technology infrastructure........................... 711,000
Stark State College of Technology, Canton, Ohio, to
train real-time captioners to provide closed
captioning to the deaf and hard-of-hearing.......... 200,000
State University of New York at Potsdam, St. Lawrence
County, New York, for Music Educators for New York
City for scholarship, program costs and operations,
marketing and recruitment and personnel costs....... 550,000
State University of New York at Purchase, NY, for
technical and career counseling, continuing
education, curricula, technology, and to enhance
services for students with disabilities............. 800,000
State University of New York Empire State College for
Masters of Arts in Teaching Program................. 250,000
Stonehill College in Easton, Massachusetts, for
technology infrastructure and curriculum development 300,000
Suffolk University, Boston, MA, for the John Joseph
Moakley Archives and the John Joseph Moakley
Institute on Public Policy and Political History.... 250,000
Temple University, Philadelphia, PA, to develop
innovative models to address teacher recruitment,
training and mentoring that will enhance student
achievement and raise the capabilities of low-
performing schools.................................. 200,000
Texas Southern University, College of Pharmacy and
Health Sciences for the establishment of a health
professions program................................. 300,000
Texas Southern University, College of Pharmacy and
Health Sciences, for their minority engineering
program............................................. 100,000
Texas Southern University, Houston, TX, for personnel,
equipment, student scholarships, and materials for
the College of Science and Technology............... 250,000
Texas State University for teacher retention initiative. 250,000
Texas Tech University Center for the Aging in Lubbock,
Texas............................................... 250,000
The Franciscan University in Clinton, Iowa, for a
technology-based undergraduate and graduate teacher
training program.................................... 1,000,000
Thurgood Marshall Scholarship Fund, New York City, NY,
for technology upgrades and capacity building
activities at historically black colleges and
universities........................................ 500,000
Tiffin University, Tiffin, Ohio, for Technology Enhanced
Classroom project................................... 500,000
Tri-College Red River Basin Institute in Fargo, North
Dakota, for salaries and program costs related to
the study of flood damage and natural resource
management research................................. 100,000
Trident Technical College, Charleston, South Carolina,
to equip the information technology center, electro-
mechanical skills laboratory, and the hospitality,
tourism and culinary arts program................... 500,000
Troy State University, Montgomery, Alabama, to expand a
virtual university, including technology
acquisition, that provides a 24-hour, seven days a
week program for military personnel................. 750,000
Truckee Meadows Community College High Tech Center and
Curriculum Initiative in Reno, Nevada, for computer
equipment and curriculum support of high tech
initiatives and teacher certification programs...... 400,000
Trustee of Stevens Institute of Technology, Hoboken, New
Jersey, for educational and innovative opportunities
for undergraduates and graduates.................... 476,000
Tulane University, New Orleans, LA, for technology,
faculty fellowships, student internships and
educational outreach programs at the AMISTAD
Research Center..................................... 400,000
Tupelo Public Schools in Mississippi for the CREATE
technology innovation challenge grant program....... 750,000
University of Akron, Ohio, for Exercise in Hard Choices
program to help citizens and students understand the
Federal budget process.............................. 500,000
University of Alabama, Tuscaloosa, Alabama, for
acquisition of technology and to upgrade existing
information technology infrastructure............... 200,000
University of Alaska for the INPSYCH Center, to train
Alaska Natives as psychologists to practice in
Alaskan villages.................................... 500,000
University of Alaska, Alaska Department of Education and
Alaska State Library for the Alaska Digital Archives
and Digital Library to digitize their information
resources........................................... 400,000
University of Arizona for training and curriculum
development at the Program in Integrative Medicine.. 500,000
University of Arizona, Tucson, AZ, for a national center
to train faculty, teaching assistants, and
administrators to improve higher education for
students with disabilities.......................... 300,000
University of Arkansas at Little Rock, AR, for
simulation equipment for the CyberCollege Virtual
Reality Center...................................... 500,000
University of Arkansas, Fayetteville, Arkansas, for
National Office for Rural Measurement and
Evaluations Systems for technology designed to
improve the instructional practices and learning
possibilities of children from grades 3-8........... 500,000
University of California, Merced, CA, for acquisition of
science equipment................................... 250,000
University of California, Merced, CA, to establish the
Sierra Nevada Research Institute, including student
fellowships and internships, software, and equipment 250,000
University of Hartford, CT, for equipment for the Hartt
School Performing Arts Education Center............. 400,000
University of Hawaii at Hilo for an applied rural
science program..................................... 50,000
University of Idaho Advanced Computing and Modeling
Laboratory to provide independent technical
expertise and applied research...................... 900,000
University of Illinois College of Medicine, Peoria,
Illinois, for technology infrastructure............. 100,000
University of Louisville--Northern Kentucky
University's, Urban University Partnership for Math
and Science Teaching for teacher and faculty
development programs................................ 1,200,000
University of Maine, School of Applied Science,
Engineering & Technology for purchase of equipment
and technology...................................... 600,000
University of Maryland, College of Education, College
Park, MD, for personnel, graduate student stipends,
and other expenses for the Maryland Institute for
Minority Achievement and Urban Education............ 500,000
University of Massachusetts-Boston to purchase research
equipment and technology infrastructure............. 1,000,000
University of Memphis Benjamin L. Hooks Institute for
Social Change in Memphis, Tennessee, which may
include establishing an endowment for such center,
for education and community outreach programs....... 1,000,000
University of Michigan, Ann Arbor, Michigan, for the
Gerald R. Ford School of Public Policy.............. 2,000,000
University of Mississippi, Oxford, Mississippi, for the
National Archive of Youth Social and Attitudinal
Data................................................ 450,000
University of Nevada, Las Vegas, to engage college-age
women in civic life through voluntarism, careers and
informed citizenship................................ 150,000
University of Nevada, Reno, to upgrade its information
technology infrastructure........................... 1,000,000
University of New England Performance Enhancement and
Evaluation Center for training opportunities for
medical students and practitioners.................. 1,000,000
University of New Mexico, Albuquerque, New Mexico, for
Mathematics and Science Teacher Academy for
professional development............................ 500,000
University of New Mexico, for a dental education program 200,000
University of North Carolina at Chapel Hill, NC, for
personnel, student internships, research, and other
expenses to expand technology education and
applications through the KnowledgeWorks Institute... 225,000
University of North Carolina at Pembroke, NC, for the
Southeastern North Carolina Consortium for Teacher
Certification, Recruitment, and Retention........... 100,000
University of Northern Iowa Center for Applied
Gerontology for program development................. 325,000
University of Northern Iowa to expand the 2+2 teacher
training program.................................... 100,000
University of Oklahoma Health Sciences Center, Oklahoma
City, Oklahoma, to further develop its doctoral-
level program in bioinformatics..................... 175,000
University of Pacific, Stockton, California, for
Eberhardt School of Business........................ 400,000
University of Redlands, Redlands, California and
California State University, San Bernardino,
California, to enhance their current Arabic and
Islamic studies programs............................ 700,000
University of Redlands, Redlands, California, for
technology enhancement.............................. 700,000
University of Rhode Island, Kingston, RI, for a Center
for Sustainable Communities......................... 100,000
University of San Francisco, CA, for education, service
and research programs at the Center for Public
Service and the Common Good......................... 1,000,000
University of South Florida, Tampa, Florida, for a
``Globalization Research Network''.................. 1,500,000
University of Southern Colorado Technology for Teaching
and Learning, to upgrade and acquire classroom
technology in support of improved student learning.. 900,000
University of Southern Maine, Portland, Maine, for
telecommunications and technology upgrades to
support science, engineering and advanced technology
programs............................................ 400,000
University of Texas at Austin, College of Natural
Sciences, for faculty development................... 500,000
University of Texas at Tyler, TX, for distance learning
and other programmatic activities, including student
support, at the Colleges of Nursing and Health
Sciences, and Business and Technology............... 350,000
University of Virginia, Charlottesville, VA, for
Governmental Studies ``Youth Leadership Initiative'' 1,200,000
University of Wisconsin-Eau Claire, Eau Claire, WI, for
acquisition of science laboratory equipment......... 425,000
University of Wisconsin-Rock County, Janesville, WI, for
computers and technology upgrades, and science
laboratory equipment................................ 100,000
University of Wisconsin-Stevens Point, WI, for the
Faculty Alliance for Creating and Expanding Teaching
Strategies (FACETS) initiative...................... 500,000
University of Wisconsin-Whitewater, Whitewater,
Wisconsin, for technology and personnel............. 500,000
University of Wyoming for acquisition of technology and
equipment........................................... 1,700,000
Upper Great Lakes Educational Technologies, Inc.,
Marquette, MI, for personnel, technology and support
costs to design, coordinate and implement
``Operation UP Link''............................... 400,000
Urban College of Boston in Massachusetts to support
higher education program serving low-income and
minority students................................... 1,000,000
Utah State University in Utah to improve educational
services for all students through distance learning
technologies........................................ 350,000
Valparaiso University, Valparaiso, IN, for equipment and
technology upgrades at its Library and Information
Resources Center.................................... 550,000
Washington & Lee University in Virginia for the Shepherd
Poverty Program..................................... 500,000
Washington College, Chestertown, Maryland, Science and
Technology Education Initiative..................... 500,000
Washington State University Plateau Center for American
Indian Studies for faculty, educational programming
and training........................................ 100,000
Waubonsee Community College, Sugar Grove, Illinois, for
Integrated Systems Technology Program............... 250,000
West Chester University, West Chester, PA, for
technological infrastructure improvements........... 150,000
West Kentucky Technical College, Paducah, Kentucky, to
train court reporting students in captioning........ 475,000
West Liberty State College in West Virginia to equip its
residence halls with internet access................ 1,700,000
West Los Angeles College, Culver City, CA, for
equipment, curricula, faculty, and other expenses to
develop an emergency health services training
program............................................. 425,000
West Virginia High Technology Consortium Foundation,
Fairmont, WV, in collaboration with Fairmont State
College and DSD Laboratories of West Virginia, to
improve computer security curricula and for an
information assurance center........................ 225,000
Western Governors University in Salt Lake City, UT, to
provide training and certification for educators in
Nevada through a joint program with Clark County
School District..................................... 500,000
Western Governors University, Salt Lake City, Utah, for
K-12 Teacher Education Initiative, for program
development......................................... 500,000
Western Kentucky University's Center for Engineering and
Biological Sciences for technology enhancements..... 1,200,000
Wheeling Jesuit University in West Virginia for the Math
and Science Education Initiative.................... 3,600,000
Widener University, Chester, Pennsylvania, for
technology infrastructure........................... 500,000
Wisconsin Association of Independent Colleges and
Universities for a collaboration project to
consolidate administrative operations and
information technology.............................. 800,000
Wisconsin Indianhead Technical College, Rice Lake, WI,
for equipment for a new technology center........... 300,000
World Learning, School for International Training,
Brattleboro, VT, to enhance international studies
programs at historically black colleges and
universities, including study abroad programs for
students and faculty................................ 250,000
York College, York, Nebraska to modernize technological
capabilities, including acquisition of technology
and equipment....................................... 100,000
York College, York, Pennsylvania, for technology
upgrades and computers and community programming.... 350,000
Youngstown State University, OH, for faculty, equipment,
student support, and other related expenses to
expand a materials engineering/science program...... 500,000
University of Massachusetts-Boston to purchase research
equipment and technology infrastructure............. 1,000,000
International Education and Foreign Language Studies
Domestic Programs
The conference agreement includes $93,850,000 for the
domestic activities of the international education and foreign
languages studiesprograms instead of $85,200,000 as proposed by
H.R. 246 and $87,000,000 as proposed by the Senate. The conference
agreement will sustain the investments made last year to train experts
who have foreign language proficiency and cross-cultural skills in the
targeted world areas of Central and South Asia, the Middle East,
Russia, and the Independent States of the former Soviet Union, and
provide new resources to build foreign language capacity and
international expertise in these strategic world areas important to
national security interests and other areas, including southeast Asia
and Africa.
The conferees are aware that all national resource
centers will compete for new awards in fiscal year 2003. The
conference agreement includes sufficient funds to increase the
average award for the existing number (118) of centers by at
least nine percent. The conferees believe that restoring awards
that have eroded over the years, thereby enabling each center
to implement an effective, multifaceted program of advanced
language training, research, technical assistance, and
outreach, should be a priority over expanding the number of
centers over current levels.
The conference agreement also includes sufficient funds
for an additional 87 academic and 70 summer fellowships under
the foreign language and area studies fellowships program over
the request. These fellowships should be allocated across all
world areas, with an emphasis on languages of strategic
national importance.
The conference agreement includes sufficient funds for
the language resource centers for new K-16 teacher training
initiatives in the less commonly taught foreign languages
critical to national security, including the development of a
strategic plan for teacher training and resource development, a
summit on teacher training, professional development through
summer institutes for K-16 teachers of Arabic, Azeri, Persian/
Dari, Pashto, Uzbek, Urdu and other languages of strategic
importance, and assistance to K-16 teachers for the development
of web-delivered instructional materials. The conference
agreement includes sufficient funds to provide an increase for
the centers for international business to address issues
relating to homeland security and trade.
In conducting new competitions in all Title VI program
areas in fiscal year 2003, the Department should continue to
emphasize increased investments in areas of strategic national
importance. The conference agreement continues language to
allow up to one percent of funds to be used for program
evaluation, national outreach, and information dissemination
activities.
The conferees are disappointed that the Department has
not fully addressed the staffing needs of the Title VI and
Fulbright-Hays international education programs. The conferees
note that the Department's full-time equivalent (FTE) staffing
level will increase by 79 FTE in fiscal year 2003.
Overseas program
The conference agreement provides $13,000,000 for the
overseas programs in international education and foreign
language studies authorized under section 102(b)(6) of the
Mutual Educational and Cultural Exchange Act of 1961 as
proposed by the Senate instead of $11,800,000 as proposed by
H.R. 246. Funding for these programs supports group projects
abroad, faculty research abroad, special bilateral projects,
and doctoral dissertation research abroad. The additional
funding provided over the request should be used to expand
research fellowships and group projects abroad in intermediate
and advanced language training in newly strategic world areas,
and enhance curriculum development and summer seminars abroad
for K-12 teachers. The conference agreement continues language
allowing section 102(b)(6) funds for individuals planning to
apply their advanced language skills in the fields of
government, the professions, or international development.
Institute for International Public Policy
The conference agreement includes $1,650,000 for the
Institute for International Public Policy instead of $1,500,000
as proposed by both H.R. 246 and the Senate. This program
provides a grant to the United Negro College Fund to operate
the Institute through sub-grantees chosen among minority-
serving institutions. The conferees encourage the Institute to
continue a recent emphasis on helping students obtain foreign
language competence and international expertise in areas
important to national security.
Minority Science and Engineering Improvement
The conference agreement includes $9,000,000 for minority
science and engineering improvement instead of $8,500,000 as
proposed by H.R. 246 and $9,500,000 as proposed by the Senate.
TRIO
The conference agreement includes $832,500,000 for TRIO
as proposed by the Senate instead of $810,000,000 as proposed
by H.R. 246.
The conferees are concerned that the regulatory
definitions of ``different campus'' and ``different population
of participants'' in the Student Support Services Program
regulations (34 CFR Part 646.7(c)) are so narrowly crafted that
the definitions undermine Congressional intent and prohibit
many geographically separate institutions from applying for
TRIO funding and, thus, prohibit the expansion of educational
opportunities for more low-income and minority students.
The conferees direct the Department to review these
regulatory definitions and make the appropriate changes so that
more institutions of higher education, particularly those that
have large numbers of low-income students enrolled at various
campuses, will have the ability to apply for TRIO grants and
serve more eligible students who need TRIO services.
GEAR UP
The conference agreement includes $295,000,000 for GEAR
UP as proposed by the Senate instead of $285,000,000 as
proposed by H.R. 246.
Teacher Quality Enhancement Grants
The conference agreement also includes $90,000,000 for
Teacher Quality Enhancement Grants as proposed by the Senate
instead of $100,000,000 as proposed by H.R. 246.
Child Care Access Means Parents in School
The conference agreement includes $16,300,000 for the
child care access program as proposed by the Senate instead of
$15,000,000 as proposed by H.R. 246.
Other higher education programs
The conference agreement includes $7,000,000 for
Demonstrations in Disability as proposed by the Senate. H.R.
246 did not include separate funding for this activity. The
conference agreement includes $2,250,000 for the Underground
Railroad Educational and Cultural Program instead of $2,500,000
as proposed by the Senate and $2,000,000 as proposed by H.R.
246. The conference agreement also includes $5,000,000 for
Thurgood Marshall Scholarships as proposed by the Senate
instead of $4,000,000 as proposed by H.R. 246 and $1,000,000
for Olympic Scholarships as proposed by H.R. 246. The Senate
bill did not provide funding for this program.
Howard University
The conference agreement includes $240,000,000 for Howard
University as proposed by H.R. 246 instead of $239,974,000 as
proposed by the Senate.
Institute of Education Sciences
The conference agreement includes $450,887,000 for the
Institute of Education Sciences instead of $397,887,000 as
proposed by H.R. 246 and $397,387,000 as proposed by the
Senate.
The conferees provide $140,000,000 for research as
proposed by H.R. 246 instead of $89,500,000 as proposed by the
Senate. Within this total, the conference agreement includes
$19,635,000 in continuation funding for comprehensive school
reform evaluation, research, model development and
dissemination activities as requested by the Department.
The conferees strongly support the premise that
developing, identifying and implementing scientifically based
research is critical to the success of the No Child Left Behind
Act and to the increased effectiveness generally of education
programs and interventions. In particular, the conferees
believe that a greater focus must be placed on the use of
randomized controlled trials, longitudinal studies, and other
research that meets the standards set by the National Research
Council. The development of an enhanced research infrastructure
will help build a base of research-proven interventions that
can be used by educational institutions to help improve the
educational outcomes of our nation's student population. The
conferees have provided an additional $18,183,000 above last
year to continue building the nation's educational research
infrastructure. The conferees note that there is a lack of
scientifically based education research, such as randomized
research trials.
The conferees provide $90,000,000 for statistics instead
of $95,000,000 as proposed by H.R. 246 and $87,000,000 as
proposed by the Senate.
The conference agreement also includes $58,000,000 to
continue multi-year grants and contracts for Comprehensive
Regional Assistance Centers, Regional Math and Science
Education Consortia, the Math and Science Clearinghouse, and
Technology-based technical assistance as proposed by the
Senate. H.R. 246 did not include funding for these activities.
The conferees are concerned with recent statistics that
show that more than 20 million children experience reading
failure. According to the National Center for Education
Statistics, almost 40% of America's fourth graders suffer with
reading difficulties. It has been brought to the attention of
the conferees that the Haan Reading Institute has developed a
national research project to measure the effectiveness of
selected remedial reading programs and their ability to
normalize reading skills for children in the late elementary
and early secondary grades. The information derived from this
research will be used by parents, teachers and policymakers to
understand the different reading profiles of children and to
determine which instructional methods work best for whom. The
conferees encourage the Department to give consideration to
this research project.
Departmental Management
The conference agreement includes $412,545,000 for
Departmental program administration instead of $412,093,000 as
proposed by the Senate and $411,795,000 as proposed by H.R.
246.
The conferees are concerned about the delay applicants
are experiencing in receiving awards under grant programs and
therefore request that the Department provide a report within
60 days of enactment of this bill on the steps that it can take
to reduce the delay in administering grant competitions.
The conferees have included $750,000 to provide all Title
IV institutions that are eligible for funding with a handbook
providing detailed instruction on compliance with section
485(f) of the Higher Education Act of 1965, relating to campus
crime statistics.
GENERAL PROVISIONS
Reading First Supplement not Supplant
The conference agreement includes an amendment to the
Elementary and Secondary Education Act of 1965 to insert a
supplement not supplant requirement in the Reading First
program as proposed by the Senate. H.R. 246 contained no
similar language.
New York City Title I Distribution
The conference agreement does not include language
relating to a new distribution of Title I funding within New
York City as proposed by the Senate. H.R. 246 contained no
similar language.
Alaska Native Programs
The conference agreement does not include an amendment to
the No Child Left Behind Act of 2001 to allow construction
funding for Alaska Native programs as proposed by the Senate.
H.R. 246 contained no similar language.
Hawaiian Education Programs
The conference agreement does not include an amendment to
the No Child Left Behind Act of 2001 to allow construction,
renovation and modernization funding for any school run by the
Department of Education of the State of Hawaii that serves a
predominantly Native Hawaiian student body. H.R. 246 contained
no similar provision.
Funding for Innovative Programs
The conference agreement does not include an additional
$5,000,000,000 to be distributed according to the formulas for
the Innovative Education Block Grant program and to be used by
States and school districts to carry out any activity
authorized under the Elementary and Secondary Education Act,
IDEA or the Higher Education Act as proposed by the Senate.
H.R. 246 contained no similar provision.
Idea Funding
The conference agreement does not include an additional
$1,500,000,000 for IDEA through additional advance
appropriations as proposed by the Senate. H.R. 246 contained no
similar provision.
Sense of the Senate on After-School Funding
The conference agreement deletes without prejudice a
Sense of the Senate that every effort should be made to fund
the after-school programs at the level authorized in the No
Child Left Behind Act as proposed by the Senate. H.R. 246
contained no similar provision.
Title IV--Related Agencies
Armed Forces Retirement Home
The conference agreement includes $68,013,000 for the
Armed Forces Retirement Home instead of $67,340,000 as proposed
by H.R. 246 and the Senate. The conferees have included
sufficient funds to offset the effects of the across-the-board
cut on salaries and expenses.
The conferees have also agreed to include provisions
relating to contracts for development and construction as
proposed by the Senate. H.R. 246 contained no similar
provisions.
Corporation for National and Community Service
Domestic Volunteer Service Programs, Operating Expenses
The conference agreement includes $356,205,000 for the
Domestic Volunteer Service programs instead of $350,331,000 as
proposed by H.R. 246 and $351,063,000 as proposed by the
Senate.
Volunteers in Service to America (VISTA)
The conference agreement includes $94,287,000 for VISTA
as proposed by the Senate instead of $94,155,000 as proposed by
H.R. 246.
Volunteers in Homeland Security
The conference agreement includes $10,000,000 for
Volunteers in Homeland Security as proposed by the Senate
instead of $5,000,000 as proposed by H.R. 246. Of this total,
up to $5,000,000 is available to support the Parent Drug Corps
program.
National Senior Volunteer Corps
The conference agreement includes $111,500,000 for the
Foster Grandparent Program (FGP) as proposed by H.R. 246
instead of $106,700,000 as proposed by the Senate.
One-third of the increases provided for the FGP, SCP, and
RSVP programs shall be used to fund Programs of National
Significance expansion grants to allow existing FGP, RSVP and
SCP programs to expand the number of volunteers serving in
areas of critical need as identified by Congress in the
Domestic Volunteer Service Act.
Sufficient funding has been included to provide an
increase for administrative costs realized by all current
grantees in the FGP, SCP and RSVP programs. Funds remaining
above these amounts should be used to begin new FGP, RSVP and
SCP programs in geographic areas currently unserved. The
conferees expect these projects to be awarded via a nationwide
competition among potential community-based sponsors.
The Corporation for National and Community Service shall
comply with the directive that use of funding increases in the
Foster Grandparent Program, Retired and Senior Volunteer
Program and VISTA not be restricted to America Reads
activities. The conferees further direct that the Corporation
shall not stipulate a minimum or maximum amount for PNS grant
augmentations.
The conference agreement includes $400,000 for senior
demonstration activities as proposed by both the Senate. These
funds are to be used solely to carry out evaluations and to
provide recruitment, training, and technical assistance to
local projects as described in the budget request. No new
demonstration projects may be begun with these funds. None of
the increases provided for FGP, SCP, or RSVP in fiscal year
2003 may be used for demonstration activities.
Funds appropriated for fiscal year 2003 may not be used
to implement or support service collaboration agreements or any
other changes in the administration and/or governance of
national service programs prior to passage of a bill by the
authorizing committees of jurisdiction specifying such changes.
Program Administration
The conference agreement includes $34,571,000 for program
administration instead of $34,229,000 as proposed by both H.R.
246 and the Senate. The conferees have included sufficient
funds to offset the effects of the across-the-board cut on
salaries and expenses.
Corporation for Public Broadcasting
The conference agreement provides $390,000,000 in funding
for fiscal year 2005, instead of $380,000,000 as proposed by
H.R. 246 and $395,000,000 as proposed by the Senate.
The conferees have included sufficient funds to offset
the effects of the across-the-board cut on salaries and
expenses.
The conferees strongly urge the CPB to allocate not less
than $100,000 to the 14 public radio stations around the nation
that provide the sole source of radio news and information in
their communities. The additional funds would permit these
stations to extend their broadcast hours and improve service to
their listeners.
The conference agreement also includes $48,744,000 for
equipment and facilities to enable public broadcasters to meet
the statutory deadline for digital conversion as proposed by
the Senate instead of $25,000,000 as proposed by H.R. 246.
Federal Mediation and Conciliation Service
SALARIES AND EXPENSES
The conference agreement includes $41,425,000 for the
Federal Mediation and Conciliation Service (FMCS) instead of
$40,718,000 as proposed by H.R. 246 and the Senate. The
conferees have included sufficient funds to offset the effects
of the across-the-board cut on salaries and expenses. Included
in the total appropriation is $300,000 to be used forFMCS to
continue their work to prevent youth violence by teaching students
mediation and conflict resolution techniques.
Federal Mine Safety and Health Review Commission
SALARIES AND EXPENSES
The conference agreement provides $7,178,000 for the
Federal Mine Safety and Health Review Commission rather than
$7,127,000 as proposed by both H.R. 246 and the Senate. The
conferees have included sufficient funds to offset the effects
of the across-the-board cut on salaries and expenses.
Institute of Museum and Library Services
The conference agreement provides $245,485,000 for the
Institute of Museum and Library Services instead of
$210,000,000 as proposed by H.R. 246 and $203,000,000 as
proposed by the Senate. The conferees have included sufficient
funds to offset the effects of the across-the-board cut on
salaries and expenses. Within the amount provided, $10,000,000
is available until expended for Recruiting and Educating
Librarians for the 21st Century Initiative. The conference
agreement also specifies funding for the following:
Abington Art Center, Jenkintown, PA, for a work-study
program for at-risk junior and high school students. $25,000
Aleutian World War II Museum in Alaska for interactive
media display....................................... 100,000
Allentown Art Museum, Allentown, PA, for educational
programs for 25 school districts in 7 PA counties... 75,000
Alley Pond Environmental Center, Douglaston, NY, for
environmental education programs.................... 25,000
American Village Project in Montevallo, Alabama......... 500,000
Army Aviation Heritage Foundation in Ozark, Alabama for
educational programs................................ 100,000
Arts Council of New Orleans............................. 175,000
Asian Art Museum, San Francisco, CA, for exhibits and
education programs.................................. 500,000
Berkshire Museum, Pittsfield, MA, for climate control
systems to preserve collections..................... 575,000
Bishops Museum in Honolulu, Hawaii...................... 400,000
Boston Public Library Foundation, Boston, MA, for
preservation and enhancement of the John Adams
Presidential Library and for related educational
programs............................................ 400,000
Bowers Museum, City of Santa Ana, CA, for education
programs, publications and technology............... 250,000
Brooklyn Children's Museum, Brooklyn, NY, for equipment
and technology, exhibits and education programs..... 500,000
Butler Area Public Library, PA for program enhancements. 100,000
California State University, San Marcos, to upgrade
electronic catalog and to provide computer stations
for the library..................................... 275,000
Cape Cod Maritime Museum to develop exhibits and
academic programs................................... 175,000
Carnegie Library of Pittsburgh, PA, to purchase library
materials and upgrade technology at the East Liberty
Branch Library...................................... 200,000
Carnegie Library, Union Springs, Alabama for program
development......................................... 250,000
Chicago State University Gwendolyn Brooks Center to
expand its repository of the literary works of
Gwendolyn Brown..................................... 75,000
Chickasaw Cultural Center in Chickasaw, Oklahoma........ 100,000
Children's Museum of Manhattan, New York, NY, to
establish early childhood education programs and
exhibits............................................ 100,000
Children's Museum of Stockton, Stockton, California, for
a Delta Region Exhibit.............................. 100,000
City of Abilene, TX, for the collection and display of
artifacts, and for exhibits at the Texas Forts Trail
Museum.............................................. 100,000
City of Anatuvik Pass Museum in Alaska for museum
exhibits............................................ 50,000
City of Dallas, TX, Dallas Public Library, to establish
``Teen Wise Centers'' for at-risk youth............. 200,000
Clark County Heritage Center, Springfield, Ohio, for
technology upgrades and exhibit development......... 150,000
Cleveland Health Museum, Ohio, for exhibits............. 250,000
Commonwealth Zoological Corporation (Zoo New England),
Boston, MA, for the ``Living Classroom'' science
education program and for outreach.................. 400,000
Davenport Music History Museum in Davenport, IA......... 800,000
Dayton Aviation Heritage National Historical Park in
Ohio for education and cultural programs............ 300,000
Delaware and Lehigh National Heritage Corridor, Easton,
PA, to establish a National Museum of Industrial
History in Bethlehem, Pennsylvania, to display a
repository of industrial machines, equipment and
technology of the 19th and 20th centuries focusing
on steel............................................ 75,000
Delaware County Historical Society, Media, PA, to
develop and expand educational programs highlighting
historical themes and sites relating to Delaware
County.............................................. 75,000
Discovery Center, Springfield, Missouri................. 2,200,000
Downtown Chambersburg, Inc., PA......................... 250,000
Eleanor Roosevelt's Papers at George Washington
University for related program development.......... 50,000
Exploris Museum, for the Global Awareness Program,
including exhibits, a film program, and educational
programs............................................ 100,000
Fine Arts Museums of San Francisco to expand educational
programming and technology improvements at the de
Young Museum........................................ 100,000
Florida International Museum, St. Petersburg, Florida,
Centennial Russian Museum Exhibit................... 1,000,000
Franklin Institute, Philadelphia, PA, for exhibits,
professional development and educational programming
to students to explore bioscience and biotechnology. 200,000
Frederick C. Crawford Museum of Transportation Industry,
Cleveland, Ohio, for educational programming,
planning and exhibits............................... 200,000
Fresno Metropolitan Museum of Art, History and Science,
Fresno, CA, for technology, exhibits, educational
and outreach programs and a science-based exhibition
and learning center................................. 900,000
Gadsden Museum of Art in Alabama for museum programs.... 100,000
George Eastman House, Rochester, NY, for the ``Picture
Link'' project...................................... 278,000
Georgia Hall of Fame at Museum of Aviation in Warner
Robins, Georgia for educational activities and
programs............................................ 100,000
Glendale Public Library, Glendale, CA, for personnel,
equipment and other expenses to implement the
Homework AssisTeens program......................... 62,000
Hesperia Community Library, Hesperia, California, to
purchase library materials and upgrade technology... 200,000
Historical Society of Western PA for exhibits in
conjunction with the 250th anniversary of the French
and Indian War...................................... 150,000
Holmdel Township Library, Monmouth County, NJ, for
technology equipment and ugrades.................... 250,000
Hudson Waterfront Museum, Brooklyn, NY, to expand
exhibits, education, arts and outreach programs..... 25,000
Huntsville Museum of Art, Huntsville, AL, for exhibits
and educational programs............................ 200,000
Imaginarium Science Center in Anchorage, Alaska to
develop science exhibits and distance delivery
modules............................................. 50,000
Interboro Public Library, PA for library programs....... 150,000
International Wolf Center, Minneapolis, MN, for
education, outreach, and teacher training programs.. 150,000
Iowa Radio Reading Information Service (IRRIS).......... 300,000
Italian-American Cultural Center of Iowa in Des Moines,
IA for exhibits, multi-media collections, and
displays............................................ 150,000
Kendall County Forest Preserve District, Yorkville,
Illinois, for the consolidation and preservation of
the collection at the Old Barn Museum............... 500,000
Kent State University, Kent, Ohio, for an Institute for
Library and Information Literacy Education project.. 2,000,000
Kodiak Maritime Museum in Alaska........................ 50,000
Lafayette College, Easton, PA, for technology updates to
the Skillman Library................................ 150,000
Leon County, FL, for purchase of equipment and books for
the Ft. Braden Branch Library....................... 375,000
Lewis and Clark College Bicentennial Hall in Portland,
Oregon for program and equipment support............ 300,000
MacKay Library of Union County, Cranford, New Jersey.... 300,000
Magic Library in Kirkwood, Missouri for design and
development of interactive exhibits and software.... 75,000
Marion County Library, Marion, SC, to establish a
computer lab........................................ 50,000
McKinley Museum, Canton, Ohio, for equipment............ 45,000
Mexic-Arte Museum, Austin, Texas........................ 200,000
Middletown Township Public Library, Monmouth County, NJ,
for technology equipment and upgrades............... 250,000
Monterey County Youth Museum, Monterey, CA, for
interactive mobile exhibits and educational programs 300,000
Museum of African Art, New York, NY, for exhibits and
educational programs................................ 250,000
National Baseball Hall of Fame and Museum, Cooperstown,
New York for educational outreach using baseball to
teach students through distance learning technology. 750,000
National Civil War Museum, Harrisburg, PA, to develop
and enhance educational exhibits and programs for
area K-12 schools focusing on U.S. Civil War history 300,000
National Cowgirl Museum and Hall of Fame, Fort Worth,
Texas, for creation of and equipment for an audio
tour of the permanent exhibition.................... 90,000
National Liberty Museum, Philadelphia, PA, to institute
a teacher-training program which will assist
educators in responding to classroom challenges and
establish a pilot program to address violence in
schools............................................. 325,000
National Mississippi River Museum and Aquarium in
Dubuque, IA......................................... 650,000
National Museum of Women in the Arts, Washington, D.C... 1,500,000
Native American Cultural and Educational Authority,
Oklahoma City, Oklahoma, for exhibits for the museum 775,000
Natural History Museum of Los Angeles, CA, for its
``Earth Odyssey'' environmental science program..... 75,000
Nevada State Historic Preservation Office............... 350,000
New York Botanical Garden's Virtual Herbarium imaging
project in Bronx, New York.......................... 500,000
New York Hall of Science to develop, expand, and display
science-related educational materials............... 1,000,000
North Carolina State Museum of Natural Sciences,
Raleigh, NC, for development of environmental
exhibits and educational programs................... 300,000
North Dakota Lewis and Clark Bicentennial Foundation in
Washburn, North Dakota, for exhibits and other
interpretation...................................... 250,000
Ogden Museum of Southern Art in New Orleans, LA......... 250,000
Oneonta City Library, Blount County, Alabama, for books,
internet, audiovisual and reading aids.............. 90,000
Orangevale Library, Sacramento, California, for
evaluation and analysis of existing library service,
program and facilities.............................. 200,000
Pennsylvania Trolley Museum for exhibit development and
educational programs................................ 400,000
Pittsburgh Children's Museum, Pittsburgh, PA, to develop
and enhance educational exhibits and programs for
area K-12 schools................................... 221,000
Please Touch Museum, Philadelphia, PA, to develop
educational programs focusing on hands-on learning
experiences......................................... 725,000
Rivertownes PA USA...................................... 75,000
Rock and Roll Hall of Fame and Museum, Cleveland, OH,
for music education programs for at-risk youth...... 350,000
Rutgers, the State University of New Jersey, New
Brunswick, NJ, to catalog, organize and preserve
collections at the Carey Library.................... 250,000
San Bernardino County Museum, California, to develop the
Inland Empire Archival Heritage Center and Web
Module.............................................. 500,000
Schoharie Free Library in Schoharie County, New York to
purchase books and equipment........................ 50,000
Science Center of Pinellas County, Inc., St. Petersburg,
Florida for a planetarium project................... 155,000
Shaker Museum and Library, Old Chatham, New York........ 450,000
Simon Wiesenthal Center's Los Angeles Museum for
Tolerance, Los Angeles, CA, for the Tools for
Tolerance for Educators program to provide teacher
training in diversity, tolerance and cooperation.... 100,000
Smith Robertson Museum in Jackson, Mississippi for the
development of exhibits regarding civil rights...... 150,000
St. Paul Public Library, MN, to expand its School Work
and Mentoring Place Program and its Small Business
Resource Center..................................... 25,000
Standing Bear Museum and Learning Center in Ponca City,
Oklahoma............................................ 200,000
State Historical Society of Iowa for Civil War flag
restoration......................................... 75,000
State Historical Society of Iowa in Des Moines, Iowa for
the development of exhibits for the World Food Prize 1,000,000
State Theater of Easton, Easton, PA, for technological
infrastructure improvements and the development of
educational programming............................. 100,000
The International Storytelling Center in Jonesborough,
Tennessee........................................... 125,000
The Museum of Science and Industry, Chicago, IL, for
exhibits, education and outreach programs........... 250,000
Tillamook County Library, Oregon, for modernization of
library services.................................... 70,000
Union City Public Library, NJ, for personnel, books and
technology to improve library services for low-
income individuals.................................. 200,000
Union County Historical Society & Heritage Museum in
Mississippi for exhibit and program development..... 100,000
University of Idaho for digital archiving............... 400,000
University of Maine at Fort Kent to house the Acadian
Archives which preserves, celebrates and
disseminates information about the region's history. 200,000
Vietnam Archive Center, Texas Tech University, Lubbock,
Texas, for digitization............................. 400,000
Virginia Living Museum for the expansion of its
educational programs in its capital campaign project 150,000
Wayne Art Center, Wayne, PA, to develop programs in
partnership with area K-12 schools for teacher
training workshops and specialized workshops for
students............................................ 50,000
Westchester Library System, Ardsley, NY, for its digital
divide online services project...................... 100,000
Whitney Museum of American Art to establish a touring
exhibition program in Iowa.......................... 450,000
Whittier Public Library, City of Whittier, CA, to
establish a children's homework center and family
literacy center..................................... 300,000
Willet Memorial Library in Macon, Georgia for library
enhancements........................................ 100,000
Witte Museum of San Antonio, TX, to develop the
``American Originals'' exhibit and educational
programs............................................ 150,000
Zimmer Children's Museum of Jewish Community Centers of
Greater Los Angeles, Los Angeles, CA, for the
expansion of the YouThink program................... 100,000
Zoological Society of Philadelphia, PA, for educational
programs for elementary and secondary students...... 100,000
St. Louis Children's Museum, MO......................... 500,000
Medicare Payment Advisory Commission
Salaries and Expenses
The conference agreement includes $8,585,000 for the
Medicare Payment Advisory Commission, instead of $8,250,000 as
proposed by H.R. 246 and the Senate. The conferees have
included sufficient funds to offset the effects of the across-
the-board cut on salaries and expenses.
National Commission on Libraries and Information Science
SALARIES AND EXPENSES
The conference agreement provides $1,010,000 for the
National Commission on Libraries and Information Science
instead of $1,000,000 as proposed by H.R. 246 and the Senate.
The conferees have included sufficient funds to offset the
effects of the across-the-board cut on salaries and expenses.
National Council on Disability
SALARIES AND EXPENSES
The conference agreement includes $2,858,000 for the
National Council on Disability, instead of $2,830,000 as
proposed by H.R. 246 and the Senate. The conferees have
included sufficient funds to offset the effects of the across-
the-board cut on salaries and expenses.
National Labor Relations Board
SALARIES AND EXPENSES
The conference agreement provides $238,982,000 for the
National Labor Relations Board instead of $226,618,000 as
proposed by H.R. 246 or $238,223,000 as proposed by the Senate.
The conferees have included sufficient funds to offset the
effects of the across-the-board cut on salaries and expenses.
National Mediation Board
SALARIES AND EXPENSES
The conference agreement includes $11,315,000 for the
National Mediation Board, instead of $11,203,000 as proposed by
H.R. 246 and the Senate. The conferees have included sufficient
funds to offset the effects of the across-the-board cut on
salaries and expenses.
Occupational Safety and Health Review Commission
SALARIES AND EXPENSES
The conference agreement provides $9,673,000 for the
Occupational Safety and Health Review Commission instead of
$9,577,000 as proposed by both H.R. 246 and the Senate. The
conferees have included sufficient funds to offset the effects
of the across-the-board cut on salaries and expenses.
Railroad Retirement Board Limitation on Administration
The conference agreement includes $100,000,000 for the
Railroad Retirement Board Limitation on Administration
Expenses, as proposed by H.R. 246 instead of $97,720,000 as
proposed by the Senate. The conferees have included sufficient
funds to offset the effects of the across-the-board cut on
salaries and expenses.
Given that trust funds are collected from railroad
workers for the specific purpose of maintaining and
administering a retirement fund, the conferees believe that
trust funds should not be used for the purpose of paying rent
in excess of actual cost. Therefore, no funds have been
included for that purpose.
Railroad Retirement Board Limitation on the Office of Inspector General
The conference agreement includes a limitation on
transfers from the railroad trust funds of $6,363,000 for
administrative expenses of the Office of Inspector General
instead of $6,300,000 as proposed by H.R. 246 and the Senate.
The conferees have included sufficient funds to offset the
effects of the across-the-board cut on salaries and expenses.
The conferees do not include language proposed by the
Senate that allows the Office of the Inspector General to
conduct audits, investigations, and reviews of the Medicare
programs. H.R. 246 contained no similar provision.
Social Security Administration Supplemental Security Income Program
The conference agreement includes $24,025,392,000 for the
Supplemental Security Income Program as proposed by the Senate
instead of $24,017,392,000 as proposed by H.R. 246. Within the
funds provided, the conference agreement includes $8,000,000 as
proposed by the Senate for outreach efforts and assistance to
homeless persons and other underserved populations.
United States Institute of Peace
OPERATING EXPENSES
The conference agreement provides $16,362,000 for the
United States Institute of Peace instead of $15,104,000 as
proposed by H.R. 246 and $16,200,000 as proposed by the Senate.
The conferees have included sufficient funds to offset the
effects of the across-the-board cut on salaries and expenses.
TITLE V--GENERAL PROVISIONS
Transfer Prohibition
The conference agreement includes a provision prohibiting
the transfer of any funds to any department, agency or
instrumentality of the U.S. Government except by a transfer
made in this or any other appropriation act as proposed by H.R.
246. The Senate bill contained no similar provision.
United States Institute of Peace
The conference agreement includes a provision proposed by
the Senate pertaining to the date on or before which an
independent public accountant must be certified or licensed to
perform the annual audit of the United States Institute of
Peace (USIP). The conference agreement does not include a
provision proposed by the Senate that extends the authorization
of the USIP for one additional year. H.R. 246 did not contain
similar provisions.
Across-the-Board Salaries and Expenses Reduction
The conference agreement does not include a provision
proposed by the Senate to reduce salaries and expenses of the
Departments of Labor, Health and Human Services, and Education.
The House bill contained no similar provision.
Conference Agreement
The following table displays the amounts agreed to for
each program, project or activity with appropriate comparisons:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2003 recommended by the Committee of Conference,
with comparisons to the fiscal year 2002 amount, the 2003
budget estimates and the House and Senate bills for 2003
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2002... $411,822,681
Budget estimates of new (obligational) authority, fiscal
year 2003........................................... 426,798,568
House bill, fiscal year 2003............................ 427,307,339
Senate bill, fiscal year 2003........................... 436,794,630
Conference agreement, fiscal year 2003.................. 432,031,156
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2002.............................................. +20,208,475
Budget estimates of new (obligational) authority,
fiscal year 2003.................................. +5,232,588
House bill, fiscal year 2003........................ +4,723,817
Senate bill, fiscal year 2003....................... -4,763,474
DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS, 2003
LEGISLATIVE BRANCH WIDE MATTERS
The conferees direct the legislative branch entities to
establish a legislative branch chief administrative officers
council that will meet regularly on administrative issues of
concern to the legislative branch. Such a council is to be
modeled after the Legislative Branch Financial Managers
Council. Wherever a chief administrative officer does not exist
in a legislative branch entity, a senior-level employee should
be designated to serve in this capacity. Through this council,
representatives will be able to define, review and discuss
policies, security issues, mail issues, personnel practices,
procedures and systems for such areas as human resources,
information technology, and general management. This will
facilitate consistency in systems development wherever
appropriate, sharing of ``lessons learned,'' and the
elimination of duplicative efforts. The conferees direct the
General Accounting Office to work with the agencies of the
legislative branch to establish the council and the council and
GAO must be prepared to report to the Committees on
Appropriations of the Senate and the House during the annual
budget hearing process beginning with fiscal year 2005.
The conferees recognize the provisions of H.R. 5121 and
House Report 107-576 and any instructions and detail included
in such report are to be adhered to, unless amended or restated
herein.
Many items in both House and Senate Legislative Branch
Appropriations bills are identical and are included in the
conference agreement without change. The conferees have
endorsed statements of policy contained in the House and Senate
reports accompanying the appropriations bills, unless amended
or restated herein. With respect to those items in the
conference agreement that differ between House and Senate
bills, the conferees have agreed to the following with the
appropriate section numbers, punctuation, and other technical
corrections:
TITLE I--LEGISLATIVE BRANCH APPROPRIATIONS
Senate
Appropriates $667,788,000 for Senate operations. Inasmuch
as these items relate solely to the Senate, and in accord with
long practice under which each body determines its own
housekeeping requirements and the other concurs without
intervention, the managers on the part of the House, at the
request of the managers on the part of the Senate, have receded
to the amendments of the Senate.
House of Representatives
Appropriates $956,086,000 for House operations. Inasmuch
as these items relate solely to the House, and in accord with
long practice under which each body determines its own
housekeeping requirements and the other concurs without
intervention, the managers on the part of the Senate, at the
request of the managers on the part of the House, have receded
to the amendments of the House.
The managers on the part of the House encourage the Chief
Administrative Officer (CAO) to contract with an organization
that is very familiar with the House, the operations and
activities of House offices, and the personnel that work in
these offices, to assess the professional development needs of
the House workforce. The CAO should report the findings to the
Committee on Appropriations and the Committee on House
Administration.
JOINT ITEMS
Joint Economic Committee
Appropriates $3,658,000 for the Joint Economic Committee
as proposed by the House and by the Senate.
Joint Committee on Taxation
Appropriates $7,643,000 for the Joint Committee on
Taxation instead of $7,323,000 as proposed by the House and the
Senate.
Office of the Attending Physician
Appropriates $3,000,000 for the Office of the Attending
Physician as proposed by the House and by the Senate, of which
$300,000 shall be available until expended. This amount
includes $1,414,000 for reimbursement to the Department of Navy
for expenses incurred as proposed by the House and by the
Senate.
Capitol Guide Service and Special Services Office
Appropriates $3,035,000 for the Capitol Guide Service and
Special Services Office as proposed by the House and by the
Senate.
Statement of Appropriations
Appropriates $30,000 for Statement of Appropriations as
proposed by the House and by the Senate.
CAPITOL POLICE
Salaries
Appropriates $175,675,000 for salaries of officers,
members, and employees of the Capitol Police. The conferees
direct the Chief of the Capitol Police make retroactive to the
first full pay period in October 2002 any comparability
adjustment in pay.
The conferees direct that not later than 120 days after
enactment of this Act, the Capitol Police Board report to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Rules and Administration of
the Senate, and the Committee on House Administration on a
proposed new pay structure, the budgetary impact of the
proposed structure, and a detailed plan of how the proposed
structure would be implemented which is consistent with the
requirements of P.L. 105-55.
The FY 2001 Legislative Branch Appropriations Act, as
amended (P.L. 106-346), required the General Accounting Office
(GAO) to participate in the selection of a Chief Administrative
Officer (CAO) for the United States Capitol Police (USCP) and
monitor the implementation of management improvements in
budgeting, financial management, information technology, and
human resources. The law required GAO to provide quarterly
reports to the Chief of the Capitol Police, Capitol Police
Board, and congressional appropriations and oversight
committees having jurisdiction over the Capitol Police through
September 30, 2002 on USCP's implementation efforts. Much
progress has been made by the CAO to improve overall
administrative operations of the Capitol Police. However, there
are still some significant concerns on the part of the
conferees about the need for the USCP to update their strategic
plan to reflect post-September 11, 2001 changes, and to
implement an effective management strategy in the agency,
particularly with respect to human resources. Therefore, the
conferees direct the GAO to continue monitoring all CAO
operations of the USCP, with special attention to the strategic
planning process and human resources management. GAO is
directed to provide to the Capitol Police and congressional
committees noted above semi-annual reports on the CAO's
continued implementation of management improvements in
budgeting, financial management, information technology,
developing and implementing an effective overall strategic
planning process and human resource management strategy. The
conferees direct that these reports continue through FY 2006.
In the wake of September 11, 2001, security concerns led
to the posting of signs prohibiting bicyclists on the Capitol
grounds. The Capitol grounds have been a link to Capitol Hill,
the National Mall and downtown for years and bicycling is a
form of transportation that helps alleviate traffic congestion,
promotes physical activity, and does not contribute to air
pollution. The conferees urge the Capitol Police and the
Architect of the Capitol to work with the District Department
of Transportation to create safe routes for bicyclists in and/
or around the Capitol grounds in a manner that encourages
bicycling without sacrificing security concerns. The upcoming
year is a critical time for this planning to take place as the
construction of the Capitol Visitors Center progresses and the
City of Washington updates its Bike Master Plan. The Capitol
Police and the Architect of the Capitol should report to the
Committees on Appropriations of the Senate and the House on a
plan of action to coordinate with the District Department of
Transportation on addressing this issue.
General Expenses
Appropriates $28,100,000, of which $1,400,000 shall
remain available until expended for general expenses of the
Capitol Police.
Administrative Provisions
The conferees have included an administrative provision
allowing for the transfer of funds upon the approval of the
Committees on Appropriations of the House and Senate. In
addition, the conferees have included provisions that authorize
the Capitol Police to: procure severable services; dispose of
surplus or obsolete property; hire without regard to age;
establish an educational assistance program; expand the current
training program; centralize their disbursing authority;
annualize premium pay limits; provide overtime compensation to
Lieutenants and above; appoint special officers and establish
specialty assignment pay. In addition, the conferees have
included technical corrections to existing recruitment and
relocation incentives, and for compensation of the Chief of
Police, the Assistant Chief of Police, and the Chief
Administrative Officer. Language is included which redefines
the mission and the composition of the Capitol Police Board;
provides for the merger of the Capitol Police with the Library
of Congress Police; and, clarifies the authority of the Capitol
Police to police the Botanic Garden. Language is also included
which permits the Capitol Police to appoint employees at a rate
of pay at or above step one of the pay grade in which the
employee is appointed. In addition, language has been included
which directs the regulations and approvals of various
provisions be completed within sixty days of enactment of this
Act. The conferees have also directed the development of a
long-term strategic plan.
Office of Compliance
Appropriates $2,059,000 for the Office of Compliance as
proposed by the House and the Senate. Authority has been
provided for the Executive Director of the Office of Compliance
to dispose of surplus or obsolete property.
The Office of Compliance was established as an
independent office within the Legislative Branch to implement
and enforce the provisions of the Congressional Accountability
Act of 1995. The principal functions of the Office include
enforcing 11 civil rights, labor, and workplace laws within the
Legislative Branch, which entails administering a procedure to
resolve disputes and to provide remedies if violations are
found; carrying out an education program for congressional
Members, employing entities of the Legislative Branch, and
employees with regard to the provision of the laws applied to
the Legislative Branch; and compiling and publishing statistics
on the use of Office by covered employees.
Federal standards of internal and management controls and
prevailing best practices for governing call for periodically
reviewing an organization's structure, functions (i.e., mission
and roles), and processes to (1) determine whether they are
functioning well, and ensure that they reflect changes in
circumstances and (2) ensure sound governance, oversight, and
accountability. Since its creation, no comprehensive review of
the Office of Compliance and its operations has been conducted.
Thus, the conferees direct the General Accounting Office to
assess the overall effectiveness and efficiency of the Office
of Compliance in fulfilling its responsibilities and role in
achieving the overall intent and purposes of the Congressional
Accountability Act. The review should include examining the
effectiveness and efficiency of the Office's administration and
enforcement of the Act and the administrative and judicial
dispute-resolution procedures for considering alleged
violations of the laws; the operations of the Board of
Directors; and the assistance and services provided by the
Office to employing offices of the Legislative Branch in
fulfilling their responsibilities under the Act. The GAO should
make recommendations, as appropriate, to enhance the overall
effectiveness and efficiency of the Office of Compliance to
achieve the purposes of the Act. The GAO should report its
findings to the Committees on Appropriations of the House and
Senate by March 31, 2003.
Congressional Budget Office
Appropriates $32,101,000 for salaries and expenses of the
Congressional Budget Office as proposed by the Senate instead
of $32,390,000 as proposed by the House.
Administrative Provisions
Language has been included authorizing employees of the
CBO to engage in details or other temporary assignments to
other government agencies for study and work experience. In
addition, a provision has been included regarding the purchases
and contracts made by the Congressional Budget Office.
ARCHITECT OF THE CAPITOL
General Administration
Appropriates $59,343,000 for Architect of the Capitol,
general administration. Of the amount appropriated $450,000
shall remain available until September 30, 2007.
The conferees expect the Architect of the Capitol to
continue to observe closely limitations on full-time equivalent
(FTE) positions. It is noted, however, that funding was
provided for various projects with no commensurate increase in
the FTE ceiling. Accordingly, the conferees provide relief from
the fiscal year 2003 FTE ceiling for delivery of those projects
under the condition that the Committees on Appropriations of
the House of Representatives and Senate be notified prior to
the increase in the FTE ceiling.
The conferees have provided a new budget line item under
various accounts for Design, Study and Condition Assessment of
projects. The Architect of the Capitol is to notify the
Committees on Appropriations of the House of Representatives
and the Senate 21 days prior to moving forward with these
projects.
The Architect of the Capitol is to report semi-annually
to the Committees on Appropriations of the House of
Representatives and the Senate on the expenditure of funds for
attendance at meetings and conventions.
The conferees note the completion of the General
Management Review (GMR) of the Architect of the Capitol (AOC)
conducted by the General Accounting Office (GAO) and commend
the Architect for his willingness to effect recommended changes
in the AOC's management policies and practices. The conferees
believe that the continued involvement of the GAO throughout
the Architect's development and implementation of a plan that
effects GMR recommendations will be of considerable value.
Therefore, the conferees direct the GAO to monitor the
Architect on the development and implementation of the required
plan. In addition, the GAO is to monitor the establishment of
various positions to implement the plan. The conferees also
direct the GAO to evaluate implementation efforts as well as
the results of management changes, including the timely
accomplishment of the implementation plan milestones, and
report the results of that evaluation semi-annually to the
House and Senate Committees on Appropriations, and the Senate
Committee on Rules and Administration. These reports should
continue until all changes in the plan have been implemented.
Section 133 of the Legislative Branch Appropriations Act,
2002 (P.L. 107-68) generally prohibits the Architect of the
Capitol from employing temporary workers for long periods
without providing them eligibility for employee benefits.
During the implementation of Section 133, questions arose
concerning its application to temporary workers covered by
collective bargaining agreements entered into by the Architect
providing eligibility for private-sector employee benefits in
lieu of federal benefits. The conferees direct the Architect to
work with the General Accounting Office to determine the proper
manner of completing the implementation of Section 133 and to
consult with the Internal Revenue Service concerning the proper
tax treatment of benefits and contributions. The Architect is
directed to report to the House and Senate Appropriations
Committees, and the Senate Committee on Rules and
Administration on the results of his efforts by May 31, 2003.
With respect to the object class and projects, the
conferees have agreed to the following:
Operating Budget........................................ $55,275,000
Capital Projects:
Implementation of Safety Programs................... 450,000
Security Project Support for AOC.................... 125,000
Financial Management System (FMS)................... 1,627,000
Implementation of AOCNET............................ 500,000
Computer-Aided Facility Management (CAFM)........... 1,366,000
--------------------------------------------------------
____________________________________________________
Total, General Administration..................... $59,343,000
Capitol Building
Appropriates $32,094,000 for maintenance, care and
operation of the Capitol, by the Architect of the Capitol. Of
the amount appropriated $19,065,000 shall remain available
until September 30, 2007.
With respect to object class and project, the conferees
have agreed to the following:
Operating Budget........................................ $10,886,000
Capital Projects:
ADA Requirements.................................... 75,000
Replacement of Minton Tile.......................... 200,000
Roofing Repair, around House and Senate Chambers.... 160,000
Elevator/Escalator Modernization Program............ 500,000
Door Refinishing/Restoration........................ 289,000
Chandelier Restoration & Crystal Globe Replacement.. 319,000
Conservation of Wall Paintings...................... 300,000
Replace High Voltage SWGR & Cables.................. 2,000,000
Upgrade Air Conditioning, East Front Capitol........ 12,000,000
Computer, Telecom & Electrical Support.............. 300,000
Design, Study and Condition Assessment.............. 5,065,000
--------------------------------------------------------
____________________________________________________
Total, Capitol Building........................... $32,094,000
Capitol Grounds
Appropriates $8,356,000 for the care and improvements of
the grounds surrounding the Capitol, House and Senate office
buildings, and the Capitol Power Plant, by the Architect of the
Capitol. Of the amount appropriated $1,780,000 shall remain
available until September 30, 2007.
With respect to object class and projects, the conferees
have agreed to the following:
Operating Budget........................................ $6,041,000
Capital Projects:
Replace Truck....................................... 80,000
Wayfinding and ADA Compliant Signage................ 430,000
Maintenance of Outdoor Sculpture, Garfield & Peace.. 25,000
Power Requirements.................................. 1,200,000
Study, Design, and Condition Assessment............. 580,000
--------------------------------------------------------
____________________________________________________
Total, Capitol Grounds............................ $8,356,000
Senate Office Buildings
Appropriates $64,871,000 for the maintenance, care, and
operation of the Senate office buildings to the Architect of
the Capitol, of which $21,600,000 shall remain available until
September 30, 2007. Inasmuch as this item relates solely to the
Senate, and in accord with long practice under which each body
determines its own housekeeping requirements and the other
concurs without intervention, the managers on the part of the
House, at the request of the managers on the part of the
Senate, have receded to the Senate.
With respect to object class and projects, the Senate
conferees have agreed to the following:
Operating Budget........................................ $43,163,000
Capital Projects:
Kitchen Exhaust and Kitchen Redesign, Webster Hall.. 108,000
Renovate Restrooms (ADA)............................ 2,100,000
Bus Ducts and Switchgear Replacement................ 1,950,000
Repair Waterproofing under RSOB's South Steps....... 1,800,000
Modernize Elevators................................. 3,060,000
Mechanical Renovations, DSOB........................ 940,000
Minor Construction.................................. 10,000,000
Design, Study and Condition Assessment.............. 1,750,000
--------------------------------------------------------
____________________________________________________
Total, Senate Office Buildings.................... $64,871,000
House Office Buildings
Appropriates $60,960,000 for the maintenance, care, and
operation of the House office buildings to the Architect of the
Capitol, of which $25,610,000 shall remain available until
September 30, 2007. Inasmuch as this item relates solely to the
House, and in accord with long practice under which each body
determines its own housekeeping requirements and the other
concurs without intervention, the managers on the part of the
Senate, at the request of the managers on the part of the
House, have receded to the House.
With respect to object class and projects, the House
conferees have agreed to the following:
Operating Budget........................................ $32,650,000
Capital Projects:
Egress Door Improvements............................ 200,000
Sound Improvements, Committee Hearing Rooms......... 280,000
Elevator Modernization Program...................... 1,460,000
Minor Construction.................................. 9,000,000
Upgrade Fire Alarm, E&W House Garages............... 880,000
Replace FP Low Voltage Switchgears, FHOB............ 750,000
Major Elevator Equipment Improvements, HOB.......... 120,000
Design, Study and Condition Assessment.............. 10,020,000
Wayfinding Signage.................................. 1,100,000
House Office Building Master Plan................... 1,000,000
Longworth Emergency Generator Project............... 3,500,000
--------------------------------------------------------
____________________________________________________
Total, House Office Buildings..................... $60,960,000
Capitol Power Plant
In addition to the $4,400,000 made available from
receipts credited as reimbursements to this appropriation,
appropriates $102,286,000 to theArchitect of the Capitol for
maintenance, care and operation of the Capitol power plant. Of this
amount, $61,736,000 shall remain available until September 30, 2007.
With respect to object class and projects the conferees
have agreed to the following:
Operating Budget........................................ $39,967,000
Capital Projects:
Implement Emergency Shoring and Repairs to Tunnels.. 100,000
Repair South Capitol Street Steam Line.............. 10,289,000
Repair Constitution Avenue Tunnel................... 8,500,000
West Refrigeration Plant Expansion.................. 41,000,000
Install Dual Low Nox Burners, Boilers 6 & 7......... 400,000
Procure Emergency Generator......................... 1,500,000
Update CAD Drawings................................. 80,000
Study, Design and Condition Assessment.............. 450,000
--------------------------------------------------------
____________________________________________________
Total, Capitol Power Plant........................ $102,286,000
LIBRARY BUILDINGS AND GROUNDS
Appropriates $37,521,000 for structural and mechanical
care, Library buildings and grounds. Of this amount,
$18,014,000 shall remain available until September 30, 2007 and
$5,500,000 shall remain available until expended.
With respect to object class and projects the conferees
have agreed to the following:
Operating Budget........................................ $11,754,000
Capitol Projects:
Replace Partition Supports, JMMB.................... 300,000
Additional Sprinklers, JMMB......................... 1,383,000
Upgrade Emergency Generators, JAB & TJB............. 300,000
Repair Roof under East Parking Lot, TJB............. 2,180,000
Audio Visual Conservation Center.................... 5,500,000
Modernize 4 Elevators............................... 980,000
Design & Construction of Book Storage Module 2, Ft.
Meade............................................. 9,566,000
HVAC NW Curtain, TJB................................ 453,000
Study, Design & Conditions Assessment............... 2,905,000
Replace Compact Stack Safety, JMMB.................. 300,000
Repair Life Safety Deficiencies..................... 1,000,000
ADA Requirements, LB&G.............................. 100,000
Replace Sidewalks, TJB & JAB........................ 100,000
Restore Decorative Painting, TJB & JAB.............. 100,000
LOC Room & Partition Modifications.................. 500,000
Preservations Environmental Monitoring.............. 100,000
--------------------------------------------------------
____________________________________________________
Total, Library Buildings and Grounds.............. $37,521,000
CAPITOL POLICE BUILDINGS AND GROUNDS
Appropriates $23,900,000 for the maintenance, care, and
operations of Capitol Police Buildings and Grounds to the
Architect of the Capitol, of which $23,500,000 shall remain
available until September 20, 2007.
The conferees direct the Architect of the Capitol to
provide a fiscal year 2003 obligation plan, by April 30, 2003,
to include personnel compensation and associated FTEs for
Capitol Police Buildings and Grounds.
The conferees direct that the General Accounting Office,
working with the United States Capitol Police and the Office of
the Architect of the Capitol, prepare a report regarding the
feasibility of transferring jurisdiction of the United States
Capitol Police Buildings and Grounds to the Capitol Police, and
that the study be provided to the Committees on Appropriations
by May 15, 2003.
With respect to object class and projects the conferees
have agreed to the following:
Operating Budget........................................ $ 400,000
Capital Projects:
Design Offsite Delivery/Screening Center, USCP...... 2,000,000
Offsite Delivery/Screening Center, USCP............. 5,000,000
Design, Tactical Training, Cheltenham, MD........... 1,500,000
Other Facility Improvements......................... 15,000,000
--------------------------------------------------------
____________________________________________________
Total, Capitol Police Buildings and Grounds....... $23,900,000
BOTANIC GARDEN
Appropriates $6,103,000 for salaries and expenses,
Botanic Garden, of which $120,000 shall remain available until
September 30, 2007.
With respect to object class and projects the conferees
have agreed to the following:
Operating Budget........................................ $4,646,000
Capital Projects:
Fire Alarm System Upgrades, DC Village.............. 25,000
Shade Curtain Replacement........................... 22,000
CAFM Data Capture--USBG............................. 50,000
Interpretative Illustrations--Conservatory Garden
Court............................................. 225,000
West Gallery Fabric, Audio Tour and Banners......... 652,000
Vehicle Replacement................................. 43,000
Book on History of Botanic Gardens.................. 20,000
Partnerships........................................ 300,000
Study, Design and Condition Assessment.............. 120,000
--------------------------------------------------------------
____________________________________________________
Total, Botanic Garden............................. $6,103,000
ADMINISTRATIVE PROVISIONS
The conference agreement includes administrative
provisions related to small purchase contracting authority;
multi-year contract authority; establishment of a position of
the Deputy Architect of the Capitol; delegation of authority by
the Architect; compensation of the Assistant Architect of the
Capitol; allocation of responsibility for Library buildings and
grounds, and a technical correction.
LIBRARY OF CONGRESS
SALARIES AND EXPENSES
Provides $358,474,000 for salaries and expenses, Library
of Congress, and authorizes 2,841 full time equivalents.
With respect to program/project increases the conferees
have agreed to the following:
Mandatory Pay and Benefits.............................. $10,747,000
Price Level Increases................................... 2,163,000
Digital Futures......................................... 17,200,000
Central Financial Management System..................... 4,250,000
Law Library GLIN Project................................ 2,903,000
Culpeper Shelving....................................... 1,000,000
Collections Relocation.................................. 1,439,000
Arrearage Reduction..................................... 896,000
Mass Deacidification.................................... 895,000
Lewis and Clark Exhibition.............................. 989,000
Louisiana Purchase Bicentennial......................... 500,000
Veterans History Project................................ 476,000
Safety Services......................................... 308,000
Transfer of the Furniture and Furnishings Appropriation. 6,554,000
Copyright Office
SALARIES AND EXPENSES
Provides $9,714,000, including $29,512,000 made available
from receipts, for salaries and expenses, Copyright Office. The
level provided supports 530 full time equivalents.
Congressional Research Service
SALARIES AND EXPENSES
Appropriates $86,952,000 for salaries and expenses,
Congressional Research Service. The level provided supports 742
full time equivalents.
Books for the Blind and Physically Handicapped
SALARIES AND EXPENSES
Appropriates $50,963,000 for salaries and expenses, books
for the blind and physically handicapped. The level provided
supports 128 full-time equivalents. The conference agreement
provides a one-time appropriation of $1 million dollars to
defray telecommunications costs for the National Federation of
the Blind ``NEWSLINE,'' audio daily newspaper service. The
conferees support continued use of this computerized
telecommunications technology as part of the Library's
conversion to digital media and direct the Librarian to seek
cost advantages that may result from combining distribution of
audio editions of magazines with newspapers using this
technology.
Administrative Provisions
The conference agreement includes several routine
administrative provisions and amendments related to Library
programs.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(INCLUDING TRANSFER OF FUNDS)
Appropriates $90,143,000 for Congressional Printing and
Binding as proposed by the House and by the Senate.
Office of Superintendent of Documents
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriates $29,661,000 for salaries and expenses,
Office of Superintendent of Documents as proposed by the House
and the Senate.
GENERAL ACCOUNTING OFFICE
SALARIES AND EXPENSES
Appropriates $451,134,000 for salaries and expenses,
General Accounting Office.
PAYMENT TO THE OPEN WORLD LEADERSHIP CENTER
Trust Fund
Appropriates $13,000,000 to the Open World Leadership
Center Trust Fund for financing activities of the Open World
Leadership Center. The conferees want it clearly understood
that the renaming of the trust fund in no way provides for the
creation of a new trust fund within the Department of the
Treasury.
ADMINISTRATIVE PROVISION
The conferees have included an administrative provision,
which amends Section 313 of the Legislative Branch
Appropriations Act, 2001 (P.L. 106-554) renaming the former
``Center for Russian Leadership Development'' to the ``Open
World Leadership Center.'' This name change reflects the
expansion of the Center's program to eligible foreign states
other than the Russian Federation. The conferees direct that
prior to implementation of the FY 2003 program, an obligation
plan be submitted to the Committees on Appropriations of the
Senate and House reflecting the funding allocation and program
objectives for existing and new program elements.
TITLE II--GENERAL PROVISIONS
In Title II, General Provisions, section numbers have
been changed to conform to the conference agreement, provisions
related to the John C. Stennis Center and the Congressional
Award Act have been included, a provision related to electronic
W-2's has been included, and a limitation regarding the
transfer of funds has also been included. The conferees have
also included, under Division P, language and funding regarding
the U.S.-China Economic and Security Review Commission.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2003 recommended by the Committee of Conference,
with comparisons to the fiscal year 2002 amount, the 2003
budget estimates, and the House and Senate bills for 2003
follows:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2002... $3,252,423
Budget estimates of new (obligational) authority, fiscal
year 2003........................................... 3,405,108
House bill, fiscal year 2003............................ 2,671,900
Senate bill, fiscal year 2003........................... 3,359,830
Conference agreement, fiscal year 2003.................. 3,358,350
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2002.............................................. +105,927
Budget estimates of new (obligational) authority,
fiscal year 2003.................................. -46,758
House bill, fiscal year 2003............................ +686,450
Senate bill, fiscal year 2003........................... -1,480
DIVISION I--TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS, 2003
TITLE I
Department of Transportation
CONGRESSIONAL DIRECTIVES
The conferees agree that Executive Branch propensities
cannot substitute for Congress' own statements concerning the
best evidence of Congressional intentions; that is, the
official reports of the Congress. The committee of conference
approves report language included by the House (House Report
107-722) or the Senate (as delineated materials accompanying
Senate Amendment No. 1 to H.J. Res. 2 and printed in the
Congressional Record of January 15, 2003) that is not changed
by the conference. The statement of the managers, while
repeating some report language for emphasis, is not intended to
negate the language referred to above unless expressly provided
herein.
Office of the Secretary
(SALARIES AND EXPENSES)
The conference agreement provides $89,447,000 for the
salaries and expenses of the office of the secretary instead of
$82,474,000 as proposed by the House and $83,069,000 as
proposed by the Senate. Bill language is included that
specifies amounts by office, consistent with actions in prior
years, and limits transfers among each office to no more than 5
percent. The bill language specifies that any transfer greater
than 5 percent shall be submitted for approval to the House and
Senate Committees on Appropriations. The following table
summarizes the fiscal year 2003 appropriation for each office:
Immediate office of the Secretary....................... $2,211,000
Immediate office of the Deputy Secretary................ 809,000
Executive Secretariat................................... 1,391,000
Under Secretary of Transportation for Policy............ 12,452,000
Office of the General Counsel........................... 15,657,000
Office of the Assistant Secretary for budget and
programs............................................ 8,375,000
Office of the Assistant Secretary for governmental
affairs............................................. 2,453,000
Office of the Assistant Secretary for administration.... 29,071,000
Office of public affairs................................ 1,926,000
Board of Contract Appeals............................... 611,000
Office of small and disadvantaged business utilization.. 1,304,000
Office of the chief information officer................. 13,187,000
Within the amounts provided, the conferees have denied
funding for FECA administrative increases (-$22,000), the
security survey for the new building (-$165,000), and some of
the new increases in the budget for information technology
initiatives not related to security (-$2,800,000).
The conferees direct the office of the secretary to
submit its congressional justification materials in support of
the individual offices of the offices of the secretary at the
same level of detail provided in the congressional
justifications presented in fiscal year 2003.
Bill language, as proposed by both the House and the
Senate, allows the Department to spend up to $60,000 for
official reception and representation activities.
The conference agreement includes bill language that
credits to this appropriation up to $2,500,000 in funds
received in user fees.
Administrative directions.--The conferees direct the
department to submit its annual congressional justifications
for each modal administration to the House and Senate
Committees on Appropriations on the date on which the
President's budget is delivered officially to Congress.
Office of Intelligence and Security.--The fiscal year
2003 budget did not request any funding for the Office of
Intelligence and Security because it had been transferred to
the Transportation Security Administration, which will be part
of the new Department of Homeland Security. The Secretary may
make arrangements to have one staff detailed to him from this
new Department so that he remains informed on intelligence and
security matters pertaining to transportation. There is
sufficient funding within the salaries and expenses account to
pay for this detailee.
Aviation claims.--The conference agreement includes a
rescission of $90,000,000 from funds enacted to compensate
airlines for losses incurred in the aviation system disruption
in the aftermath of the September 11, 2001 terrorist attacks.
The conferees have been assured by the department that the
rescinded funds are unnecessary to meet all of the outstanding
or anticipated claims from air carriers. Such claims include
applications that the department has not processed or that are
involved in litigation. The conferees direct the Secretary to
provide quarterly reports to the House and Senate Committees on
Appropriations listing all remaining air carrier claims and all
unprocessed applications for claims and the amounts requested,
the names of air carriers with outstanding claims, and the
steps taken to resolve those outstanding claims; to provide an
anticipated timeline for resolution of outstanding claims and
applications; and to list the remaining uncommitted funds and
balances still available to pay those outstanding claims and
applications.
Report distribution.--The conferees direct the department
to adopt written procedures for report distribution similar to
the standards in place and followed before February 28, 2002.
The House Appropriations Committee has seen serious violations
of the report distribution policy in 2002. In addition, the
conferees direct the department to refrain from attaching
miscellaneous documents, including reports, to Congressional
testimony without prior consultation.
Outstanding reports.--The conference agreement continues
a long standing policy directing the Office of the Assistant
Secretary for Budget and Programs to report quarterly on the
status of all outstanding reports and reporting requirements
including how delinquent congressionally mandated or requested
reports are and an estimated date for delivery.
Tier matching based on fiscal capability.--At present,
federal grant programs administered by the Federal Highway
Administration, Federal Aviation Administration, and Federal
Transit Administration require an identical match of all
communities without regard to their financial circumstances.
Some have asserted that this policy places a disproportionate
burden on lower-income jurisdictions and prevents these
jurisdictions from fully participating in the very programs
necessary to improve conditions. The conferees take no position
on this assertion. However, for the purpose of information
gathering, the conferees separately request the FHWA, FAA, and
FTA to each provide reports covering the programs within each
administration to the House and Senate Committees on
Appropriations by March 15, 2003 which address this contention.
Should the agencies believe that contention has merit, they may
as part of these reports, propose a tiered matching system for
nonfederal contributions based upon the fiscal capability of
the grantee and which does not increase over the existing grant
programs each program's cumulative financial burden on each
administration.
Alternatively fueled vehicles.--The conferees urge the
Department of Transportation to adhere to the Federal mandates
in the 1992 Energy Policy Act (P.L. 102-486) by purchasing
alternatively fueled vehicles when feasible. The department
should set an example for other government agencies by
purchasing flexible fuel vehicles in order to help lessen our
reliance on foreign oil.
Office of Civil Rights
The conference agreement provides $8,700,000 for the
office of civil rights as proposed by the Senate instead of
$8,500,000 as proposed by the House.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
The conference agreement provides $21,000,000 for
transportation planning, research, and development as proposed
by the Senate instead of $11,157,000 as proposed by the House.
Adjustments to the budget request shall be available for the
following activities:
Texas Transportation Institute.......................... +$1,000,000
Bypass mail system computer software and hardware
upgrades, AK........................................ +500,000
Circumpolar infrastructure task force, Arctic Council
and Northern Forum, AK.............................. +500,000
Delaware Memorial Bridge collision avoidance project, DE +1,000,000
DOT's privacy practices third party evaluation.......... +750,000
Northeast advanced vehicle consortium fuel cell, CT..... +1,500,000
Office for Infrastructure Transportation and Logistics,
AL.................................................. +1,000,000
Strategic freight transportation analysis, WA........... +1,375,000
UAL fuel cell/hybrid electric research program, AL...... +1,000,000
WestStart's vehicular flywheel project, WA.............. +1,375,000
WORKING CAPITAL FUND
The conference agreement includes a limitation of
$131,766,000 for working capital fund activities instead of a
limitation of $131,766,000 on the transportation administration
service center (TASC) as proposed by the House and a limitation
of $131,779,000 on the TASC as proposed by the Senate. The
Department of Transportation abolished TASC at the end of
calendar year 2002. In its place, DOT re-established a working
capital fund to provide necessary services (e.g., printing,
security, parking, etc.) to all modal entities within the
department.
Modal usage of the working capital fund.--The conferees
direct the department, in its fiscal year 2004 Congressional
justifications for each modal administration, to account for
increases and decreases in working capital fund billings based
on planned usage requested or anticipated by the modes.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
The conference agreement provides an appropriation of
$900,000 for the minority business resource center program and
limits the loans to $18,367,000 as proposed by both the House
and the Senate.
MINORITY BUSINESS OUTREACH
The conference agreement provides a total of $3,000,000
for minority business outreach as proposed by the House and the
Senate.
NEW HEADQUARTERS BUILDING
The conference agreement denies funding for the new DOT
headquarters building as proposed by the Senate. The House
recommended $25,000,000 for tenant build outs related to the
new building.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement provides a total of $113,000,000
for payments to air carriers. Of this total, $52,100,000 is in
direct appropriations; $50,000,000 is to be derived from
overflight user fees and, if necessary, unobligated balances
from the Federal Aviation Administration; and $10,900,000 is to
be derived from carryover balances. The House proposed a total
program level of $113,000,000 for the payments to air carriers
program, of which $50,000,000 was from overflight fees or other
funds available for the Federal Aviation Administration;
$50,000,000 was in direct appropriations; and $13,000,000 was
in carryover balances. The Senate proposed a total program
level of $128,000,000, of which $50,000,000 was from overflight
fees or other funds available for the Federal Aviation
Administration; $65,000,000 was in direct appropriations; and
$13,000,000 was from carryover balances.
TRANSPORTATION SECURITY ADMINISTRATION
The conference agreement recommends $5,180,000,000 for
the Transportation Security Administration instead of
$5,140,000,000 as proposed by the House and $5,346,000,000 as
proposed by the Senate. Funds are provided in four separate
appropriations, similar to the approach proposed by the House,
instead of a single lump-sum appropriation proposed by the
Senate. The agreement specifies that $144,000,000 of the total
shall be derived by reimbursement from ``Federal Aviation
Administration, Facilities and equipment'' instead of
$176,691,200 proposed by the House and $55,000,000 proposed by
the Senate. Funds are available until expended, as proposed by
the House instead of one year as proposed by the Senate. The
bill includes a provision, proposed by the Senate, allowing any
excess fees collected during fiscal year 2003 to be treated as
offsetting collections during fiscal year 2004.
Staffing cap.--The conferees agree to continue the
limitation on total agency staffing, as proposed by the House.
This prohibits funds to recruit or hire more than 45,000 full-
time permanent staff. The same provision has been in effect
since fiscal year 2002. The agency believed it was critical to
temporarily surge staffing last year, in order to meet the
passenger and baggage screening deadlines in the Aviation and
Transportation Security Act. Now that these deadlines are past,
the conferees believe TSA should focus on eliminating
unnecessary positions, generally through attrition.
AVIATION SECURITY
The conference agreement includes $4,516,300,000 for
aviation security. Funds shall be distributed as follows:
Conference
agreement
Passenger screening..................................... $1,602,000,000
Passenger screeners................................. 1,327,000,000
Credentialing and registered traveler programs...... 35,000,000
CAPPS II............................................ 35,000,000
Checkpoint equipment................................ 30,000,000
Electronic surveillance............................. 10,000,000
Checkpoint equipment maintenance.................... 10,000,000
Third party screening contracts..................... 30,000,000
Planning and deployment............................. 35,000,000
Human resource services............................. 60,000,000
Training............................................ 30,000,000
Baggage screening....................................... 1,415,900,000
Baggage screeners................................... 900,000,000
Detection equipment maintenance..................... 75,000,000
Checked baggage data system......................... 1,400,000
EDS/ETD systems--procurement........................ 174,500,000
EDS/ETD systems--airport modifications.............. 265,000,000
Cargo screening improvements............................ 20,000,000
Airport support and enforcement presence................ 1,478,400,000
Airport support..................................... 340,000,000
Law enforcement..................................... 175,000,000
Reimbursable agreements............................. 250,000,000
Cockpit door reimbursement.......................... 100,000,000
Commercial pilot firearms training.................. 8,000,000
K-9 units........................................... 10,000,000
Federal air marshals................................ 545,000,000
FAA internal security and hazmat.................... 50,400,000
--------------------------------------------------------
____________________________________________________
Total............................................. 4,516,300,000
Third party screening contracts.--The conference
agreement provides $30,000,000 for third party screening
contracts. Program savings are available due to the existence
of contract recoveries, which the agency estimates will be
available up to $100,000,000 in fiscal year 2003. Thesetwo
sources of funds will provide sufficient resources to meet estimated
contract payments.
Recruiting, assessment, and human resource services
contract.--The conferees encourage the Secretary of
Transportation, in consultation with the Secretary of Homeland
Security, to expeditiously review and, if compliant with Public
Law 85-804 and other statutes, approve any application for
liability protection for the services provided by the
contractor awarded a contract by the Department of
Transportation with an effective date of February 25, 2002 for
recruiting, assessment and human resource services for federal
employees of the Transportation Security Administration.
Credentialing and registered traveler programs.--The
conference agreement includes $35,000,000 for the credentialing
and aviation registered traveler programs. The conferees
support the position of the House that TSA should include
various transportation worker identification card (TWIC)
technologies in the East Coast and West Coast credentialing
pilot projects to result in a fair evaluation of all technology
candidates, including card, reader, and database technologies.
The conferees support TSA's current plan to evaluate the
potential for a central card production, personalization, and
issuance center. The conferees strongly encourage TSA to
consider the benefits of consolidating regional centers into a
centralized location, and the benefits of using existing
government card issuance centers for this activity. The
conferees agree it is essential to include multiple biometrics
on these cards, to verify the identity of the individual
carrying them. The conferees further agree that one card
technology with great capacity for storing biometric
information is the optical lasercard, such as that used by the
Immigration and Naturalization Service for permanent resident
cards and by the Department of State for border crossing cards.
The conferees agree that TSA should not develop new
technologies if existing ones, already developed by other
federal agencies, are good enough. While approving funds for
this program and deleting restrictive bill language proposed by
the House, the conferees direct TSA not to obligate funds for
the TWIC prototype phase until the House and Senate Committees
on Appropriations are briefed on the results of the technical
evaluation phase and agree that the program should move
forward.
Letters of intent for installation of security systems.--
The bill includes a provision authorizing TSA to sign letters
of intent (LOIs) with airport authorities specifying long-term
funding arrangements for the installation of explosive
detection systems. This process is similar to the existing LOI
process for airport capital improvement projects. While
supportive of this concept, the conferees emphasize that the
signing of such agreements do not obligate or commit the
Federal Government to make future payments until approved by
Congress in the annual budget process. In addition, the
conferees want to ensure that the signing of LOIs do not upset
the proper balance between funding for large, medium, and small
airports. For this reason, the conferees direct TSA not to
commit more than 50 percent of total available funding for
modification of airports to LOIs. This will preserve funding
for smaller airports. A similar restriction has been in place
for many years for LOIs granted under FAA's Airport Improvement
Program.
Use of state and local law enforcement officers.--The
bill includes a provision allowing TSA to utilize the services
of state and local officials as law enforcement officers at
airports, including the authority to deputize such officials as
federal law enforcement officers. The bill specifies that TSA
shall reimburse state and local entities for all reasonable,
allowable, and allocable costs for these services, and
additional funding is provided in the bill to ensure
appropriate payment. In addition, the bill provides that such
officers may provide security services throughout the airport,
and not solely at screening checkpoints, if such action is
preferable for law enforcement purposes.
Fitness for duty requirements.--The conferees are
concerned that the Under Secretary has yet to implement the
fitness for duty requirements stipulated in the Aviation and
Transportation Security Act. As such, the conferees concur in
the initiative of the Senate in providing $250,000 to enable
the Under Secretary to make expedited use of currently
available fitness-for-duty technology to assess saccadic
velocity to determine the potential impairment of airport
security screeners at Seattle-Tacoma International Airport.
South Terminal Expansion Project, Seattle-Tacoma, WA.--
The Supplemental Appropriations Act for fiscal year 2002
included $225,000,000 over and above the budget request for
airport modifications to accommodate the installation of
explosive detection systems. The statement of managers
accompanying that bill instructed the Under Secretary to be
attentive to the extraordinary needs of certain airports, such
as the Seattle-Tacoma International Airport, that are facing
extraordinary costs associated with redesigning airport
terminal projects that are in mid-construction. While the
conferees are pleased that the TSA and the relevant airport
authorities have come to agreement on the total federal
obligation associated with the reconfiguration of the South
Terminal Expansion Project (STEP), the conferees remain
concerned that an agreement has not yet been reached on the
timetable under which these funds will be provided. This bill
provides an additional $265,000,000 for airport modifications,
bringing to just under $500,000,000 the amount of money that
has been provided for airport modifications over and above the
levels sought by the Administration. The conferees urge TSA to
work cooperatively with the Seattle-Tacoma International
Airport to address their unique needs for security-related
airport modifications. The conferees believe that, when
combined with unobligated prior year funds, the funding in this
bill gives TSA sufficient resources to address the long-term
security requirements of airports such as Seattle-Tacoma
International.
MARITIME AND LAND SECURITY
The conference agreement includes $244,800,000 for
maritime and land security. Funds shall be distributed as
follows:
Conference
agreement
Port security grants.................................... $150,000,000
Staff................................................... 21,000,000
Information technology projects......................... 4,800,000
Nuclear detection and monitoring........................ 4,000,000
Trucking industry grants................................ 25,000,000
Trucking industry grants............................ (20,000,000)
Hazardous materials permit program.................. (3,500,000)
Trucking security pilot program..................... (1,500,000)
Intercity bus security.................................. 10,000,000
Operation Safe Commerce................................. 30,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 244,800,000
Trucking industry grants.--Funding provided for trucking
industry grants are to be distributed as follows: $20,000,000
for activities in the budget amendment submitted in September
2002; $3,500,000 for a hazardous materials safety permit
program; and $1,500,000 for a truck security pilot program.
Hazardous materials safety permit program.--The conferees
include $3,500,000 to implement the permit program required by
law for those motor carriers transporting the most dangerous
hazardous materials. Given that this permit program is
especially critical now in light of truck security concerns,
TSA should ensure that it is implemented within one year from
the date of enactment of this Act. The conferees would not
oppose the conduct of this program by FMCSA on a reimbursable
basis.
Truck security pilot program.--The conferees understand
that technology exists from a number of manufacturers that
allows trucks to be remotely tracked and controlled. So that
TSA and FMCSA may completely understand the performance
characteristics of such systems, the conference agreement
includes $1,500,000 for a pilot program.
Nuclear detection and monitoring.--The agreement includes
$4,000,000 to continue evaluation and procurement of portable
nuclear radiation search tools. A similar appropriation was
made in Public Law 107-206. The conferees direct TSA to provide
a status report on this activity to the House and Senate
Committees on Appropriations not later than March 15, 2003.
Operation Safe Commerce.--The conferees direct that the
$30,000,000 provided in the bill for Operation Safe Commerce
shall be distributed under the same terms and conditions
governing the funding provided for this program for fiscal year
2002.
RESEARCH AND DEVELOPMENT
The conference agreement includes $110,200,000 for
research and development. Funds shall be distributed as
follows:
Conference
agreement
Laboratory space/research facility...................... $5,000,000
Next generation EDS..................................... 75,000,000
Applied R&D............................................. 15,000,000
Staffing................................................ 5,200,000
Port security R&D....................................... 10,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 110,200,000
Security research.--The conferees do not agree with
language proposed by the Senate specifying that research funds
should be targeted toward detection of chemical, biological or
similar threats. While the conferees agree that such research
is a high priority for funding, the Under Secretary for
Transportation Security has the flexibility to establish
overall agency priorities in security research.
Port security research and development.--The conference
agreement includes $10,000,000 for port security research and
development activities at national laboratories, private non-
profit organizations, institutions of higher education, and
other entities. The conferees direct that, should any of these
funds be allocated to a Department of Energy laboratory, they
shall be administered. This policy is consistent with section
309 of The Homeland Security Act of 2002.
ADMINISTRATION
The conference agreement includes $308,700,000 for
administration. Funds shall be distributed as follows:
Conference
agreement
Headquarters staff (inc. ACS)........................... $106,000,000
Start-up and administrative support..................... 10,000,000
Information technology core activities.................. 179,251,000
Intelligence............................................ 13,449,000
--------------------------------------------------------
____________________________________________________
Total............................................. 308,700,000
COAST GUARD
OPERATING EXPENSES
The conference agreement includes $4,322,122,000 for
operating expenses of the Coast Guard, instead of
$4,305,456,000 as proposed by the House and $4,318,456,000 as
proposed by the Senate. Of the total amount provided,
$340,000,000 is for defense-related activities, as proposed by
the Senate, instead of $1,300,000,000 as proposed by the House.
The following table summarizes the House and Senate's
proposed adjustments to the Coast Guard's budget request and
the final conference agreement:
--------------------------------------------------------------------------------------------------------------------------------------------------------
House Bill Senate Bill Conference agreement
--------------------------------------------------------------------------------------------------------------------------------------------------------
Budget estimate............................................... $4,153,456,000 $4,153,456,000 $4,153,456,000
Adjustments to the budget estimate:
Homeland security liaison billets............................. -4,094,000 ............................ -4,094,000
Polar icebreaking reimbursement............................... -3,149,000 ............................ -2,500,000
FECA/UCX...................................................... -933,000 ............................ -933,000
Response boat-small........................................... +10,000,000 ............................ +7,000,000
Small boat station/command center readiness................... +10,000,000 ............................ +8,000,000
Maritime SAR/personnel safety:
FDRs/CVRs................................................. -2,700,000 ............................ ............................
SCBA...................................................... -1,115,000 ............................ ............................
VTIS Corpus Christi........................................... -3,600,000 -3,600,000 ............................
High interest vessel control follow-on:
Personnel support costs................................... -3,776,000 ............................ -3,776,000
Maritime safety/security teams:
WLB/WLM staffing.......................................... -3,731,000 ............................ -3,731,000
New marine safety/security teams.......................... -6,340,000 ............................ ............................
Security readiness and planning:..............................
Attorneys/contract administrators......................... -2,162,000 ............................ -2,162,000
Incident command system:
Public affairs specialists................................ -1,400,000 ............................ -1,400,000
Marine Fire and Safety Association............................ ............................ +312,000 +312,000
AMSEA......................................................... ............................ +350,000 +350,000
Maritime EO/IR sensors........................................ ............................ +5,000,000 +4,000,000
Oil spill prevention, 13th District........................... ............................ +1,600,000 +1,600,000
Datum marker buoys............................................ ............................ +1,000,000 +1,000,000
Unspecified reduction......................................... ............................ -4,662,000 ............................
Denial of new user fee proposal............................... +165,000,000 +165,000,000 +165,000,000
-----------------------------------------------------------------------------------------
Total recommended....................................... 4,305,456,000 4,318,456,000 4,322,122,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small boat station and command center readiness.--The
bill includes language specifying that not less than
$15,686,000 of additional funding shall be used to address
readiness problems at the nation's small boat stations and
associated command centers. This is the second year of a
multiyear effort to restore the readiness level of these
critical facilities. The conferees direct the Coast Guard to
submit a five year operating and capital plan to address the
readiness problems, including elements which appropriately
allocate billets to cover on-board and planned staffing levels.
The conferees request the U.S. General Accounting Office to
review and certify that the additional funding provided in this
bill is being used to supplement, and not supplant, the level
of effort in fiscal year 2002.
Limitation on flag officers.--The bill includes the
limitation, proposed by the Senate, prohibiting the hire of
more than 37 active duty flag officers during fiscal year 2003.
Pier safety study.--As proposed by the House, the
conferees direct the Coast Guard, in consultation with the Army
Corps of Engineers, to conduct a study of pier safety, to be
submitted within six months of enactment of this Act.
Oil spill prevention, 13th District.--The conference
agreement includes $1,600,000 for additional oil spill
prevention activities in the Coast Guard 13th District, as
proposed by the Senate. The Coast Guard is expected to consult
fully with the Captain of the Port, Puget Sound, in making
determinations on the scope and use of these funds.
Great Lakes pilotage.--The conferees understand that the
Coast Guard has before it a proposal to change the pilotage
system on the Great Lakes. The conferees urge the Coast Guard
to ensure that this proposal receives all due consideration,
including public comment as appropriate and full review by the
Great Lakes Pilotage Advisory Committee.
Polar icebreaking reimbursement.--The conferees agree to
a reduction of $2,500,000 assuming higher reimbursements for
polar icebreaking activities, instead of $3,149,000 as proposed
by the House. The conferees agree that the entire reduction is
to be taken from costs related to activities in the Antarctic
region.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
The conference agreement includes $742,100,000 for
acquisition, construction, and improvements instead of
$725,000,000 as proposed by the House and $752,000,000 as
proposed by the Senate. The agreement includes certain
restrictions on the Integrated Deepwater Systems program, as
proposed by the House and Senate. Consistent with past years
and the House and Senate bills, the conference agreement
distributes funds by budget activity. Further, the bill
includes a contingent rescission relating to submission of the
Capital Investment Plan to the Congress, as proposed by the
Senate.
A table showing the distribution of this appropriation by
project, as included in the fiscal year 2003 budget estimate,
House bill, Senate bill, and the conference agreement is as
follows:
----------------------------------------------------------------------------------------------------------------
Conference
Program Name Budget estimate House bill Senate bill agreement
----------------------------------------------------------------------------------------------------------------
Vessels............................. 13,600,000 11,715,000 25,600,000 25,600,000
Survey and design--cutters and 400,000 400,000 400,000 400,000
boats..........................
Seagoing buoy tender (WLB) 4,000,000 4,000,000 4,000,000 4,000,000
replacement....................
Polar class icebreaker 2,200,000 2,200,000 2,200,000 2,200,000
reliability improvement program
41 foot utility boat replacement 4,000,000 4,000,000 4,000,000 4,000,000
Alex Haley conversion project... 3,000,000 0 3,000,000 3,000,000
87-foot coastal patrol boat..... 0 0 12,000,000 12,000,000
Shipboard contained breathing 0 1,115,000 0 0
apparatus (SCBA)...............
Aircraft.......................... 0 2,700,000 0 4,000,000
FDRs/CVRs....................... 0 2,700,000 0 0
LTS-101 engine improvements..... 0 0 0 4,000,000
Other Equipment..................... 117,700,000 114,200,000 132,700,000 121,300,000
Ports and waterways safety 5,000,000 8,600,000 5,000,000 4,000,000
system (PAWSS).................
National distress system 90,000,000 90,000,000 90,000,000 90,000,000
modernization..................
Defense message system 2,100,000 0 2,100,000 1,100,000
implementation.................
Global Maritime Distress and 2,200,000 2,200,000 2,200,000 2,200,000
Safety System (GMDSS)..........
Thirteenth district microwave 3,000,000 3,000,000 3,000,000 3,000,000
modernization project..........
Hawaii Rainbow communications 3,000,000 3,000,000 3,000,000 3,000,000
system modernization...........
High frequency recapitalization 2,000,000 2,000,000 2,000,000 2,000,000
and modernization..............
Prince William Sound WAN 1,000,000 1,000,000 1,000,000 1,000,000
replacement, AK................
Security surveillance and 0 0 15,000,000 10,000,000
protection.....................
Maritime domain awareness 9,400,000 4,400,000 9,400,000 5,000,000
information management.........
Shore Facilities and Aids to 28,700,000 31,385,000 48,700,000 50,200,000
Navigation.........................
Survey and design--shore 2,500,000 5,500,000 2,500,000 4,000,000
projects.......................
Minor AC&I shore construction 4,900,000 4,900,000 4,900,000 4,900,000
projects.......................
Housing......................... 7,000,000 7,000,000 7,000,000 7,000,000
Waterways ATON projects......... 4,900,000 4,900,000 4,900,000 4,900,000
Consolidate Kodiak aviation 4,000,000 4,000,000 4,000,000 4,000,000
support--Kodiak, AK............
Rebuild ISC Seattle Pier 36-- 0 0 16,000,000 16,000,000
Phase 1........................
Vessel pier facility--Cordova, 0 0 4,000,000 4,000,000
AK.............................
Construct new station--Manistee, 5,400,000 5,085,000 5,400,000 5,400,000
MI.............................
Personnel and Related Support....... 65,000,000 65,000,000 65,000,000 63,000,000
Direct personnel costs.......... 64,500,000 64,500,000 64,500,000 62,500,000
Retirement accrual costs \1\.... 0 0 0 0
Core acquisition costs.......... 500,000 500,000 500,000 500,000
Integrated Deepwater Systems........ 500,000,000 500,000,000 480,000,000 478,000,000
Aircraft........................ 138,200,000 138,200,000 135,200,000 164,300,000
Surface ships................... 215,700,000 215,700,000 212,700,000 200,200,000
C41SR........................... 0 0 0 23,900,000
Logistics....................... 71,600,000 16,600,000 66,600,000 19,900,000
Shore facilities................ 0 7,200,000 0 1,000,000
System engineering and 0 47,800,000 0 43,700,000
integration....................
Other contracts................. 43,500,000 43,500,000 36,500,000 .................
Government program management... 31,000,000 31,000,000 29,000,000 28,000,000
---------------------------------------------------------------------------
Total appropriation........... 725,000,000 725,000,000 752,000,000 742,100,000
----------------------------------------------------------------------------------------------------------------
\1\ Excludes $10,846,000 in proposed retirement accural costs.
LTS-101 engine.--The conference agreement includes
$4,000,000 to enhance the reliability of the HH-65 LTS-101
engine through the incorporation of FADEC system technology.
The conferees continue to support continued evaluation of the
Ariel engine by the Coast Guard, and do not intend that these
funds undermine support or progress in that effort.
Integrated deepwater systems.--The conference agreement
includes $478,000,000 for the integrated deepwater systems
(IDS) program, to be distributed as follows:
------------------------------------------------------------------------
Activity Amount
------------------------------------------------------------------------
Aircraft.......................... ................. $164,300,000
Maritime patrol aircraft...... (147,300,000) .................
VTOL unmanned air vehicle..... (---) .................
Other contracts/legacy (17,000,000) .................
sustainment..................
Surface........................... ................. 200,200,000
National security cutter...... (132,800,000) .................
110-123 patrol boat upgrade... (60,800,000) .................
Short range prosecutor........ (2,800,000) .................
Other contracts/legacy (3,800,000) .................
sustainment..................
C4ISR............................. ................. 23,900,000
270 foot cutter C4ISR upgrade. (700,000) .................
210 foot cutter C4ISR upgrade. (1,400,000) .................
378 foot cutter C4ISR upgrade. (3,100,000) .................
Shore sites................... (5,400,000) .................
Other contracts/legacy (13,300,000) .................
sustainment..................
Logistics......................... ................. 17,900,000
Integrated logistics support.. (16,900,000) .................
Shore sites................... (1,000,000) .................
Systems Engineering and ................. 43,700,000
Integration......................
Government Program Management..... ................. 28,000,000
-------------------------------------
Total....................... ................. 478,000,000
------------------------------------------------------------------------
Maritime patrol aircraft.--Although the Coast Guard's
budget request for the IDS program assumed the acquisition of 2
maritime patrol aircraft in fiscal year 2003, recently the
service announced a restructure of its funding plan which
defers that acquisition. The conferees are surprised that,
after a detailed planning phase lasting several years, the
service's operational requirements and asset replacement plans
could be so radically changed this early in the IDS contract.
The conferees are not yet convinced that this change is in the
best interest of the Coast Guard, and provide funding for these
assets in line with the original budget request. Before the
Coast Guard effectuates a change of this nature, the service is
required to seek Congressional approval through the
reprogramming process.
IDS reprogramming procedures.--The conferees agree with
reprogramming guidelines as proposed by the House except that
programs, projects, and activities with a baseline of
$5,000,000 or less may execute below threshold reprogrammings
not to exceed 20 percent of the baseline amount. The baseline
for all other PPAs shall be 10 percent. The distribution of
funds table shown above shall serve as the reprogramming
baseline for this program in fiscal year 2003.
IDS compliance with the Buy American Act.--The bill
includes a provision, as proposed by the House, clarifying that
the IDS procurement program is subject to the terms and
conditions of the Buy American Act. The conferees do not seek
to amend that Act to apply content standards to individual
components of vessels. By letter to the House Committee on
Appropriations dated October 1, 2002, the Assistant Commandant
for Acquisition stated that this language is considered by the
service to be ``a restatement of [the Coast Guard's]
obligations under existing law and not as an imposition of any
additional legal requirements''.
Acquisition, Construction, and Improvements
(RESCISSION)
The conference agreement includes a rescission of
unobligated balances from ``Acquisition, construction, and
improvements'' of $17,000,000. The Secretary is directed to
advise the House and Senate Committees on Appropriations on the
distribution of this rescission prior to its implementation.
Environmental Compliance and Restoration
The conference agreement includes $17,000,000 for
environmental compliance and restoration, as proposed by both
the House and Senate.
Alteration of Bridges
The conference agreement includes $17,200,000 for
alteration of bridges deemed hazardous to marine navigation,
instead of $17,000,000 proposed by the House and $14,000,000
proposed by the Senate. The conference agreement distributes
these funds as follows:
Bridge and location Amount
New Orleans, LA, Florida Ave RR/HW Bridge............... $3,500,000
Brunswick, GA, Sidney Lanier HW Bridge.................. 2,500,000
Mobile, AL, 14 Mile Bridge.............................. 6,000,000
Charleston, SC, Limehouse Bridge........................ 1,200,000
Morris, IL, EJ&E RR Bridge.............................. 1,000,000
Galveston Causeway, Galveston, TX....................... 1,000,000
Chelsea Street Bridge, Boston, MA....................... 2,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 17,200,000
Retired Pay
The conference agreement includes $889,000,000 for
retired pay, as proposed by both the House and Senate.
Reserve Training
The conference agreement includes $86,495,000 for reserve
training.
Research, Development, Test and Evaluation
The conference agreement includes $22,000,000 for
research, development, test, and evaluation as proposed by the
Senate instead of $21,000,000 as proposed by the House. The
conferees agree that, within the funds provided, $1,000,000 is
for continued development, demonstration, and evaluation of
engineered wood composites at Coast Guard facilities, including
stations in Jonesport and Southwest Harbor, Maine, as proposed
by the House, instead of $3,000,000 as proposed by the Senate.
Further, within the funds provided, $1,000,000 is for a pilot
project to test automatic search and rescue spectral imaging
technology for Coast Guard C-130 aircraft, instead of
$2,500,000 proposed by the Senate. The conference agreement
includes $250,000 for a prototype observation system in the
Lower Chesapeake Bay in Virginia, and $250,000 for research at
the Coast Guard Fire Safety Test Detachment in Alabama, as
proposed by the Senate.
Federal Aviation Administration
OPERATIONS
The conference agreement includes $7,069,019,000 for
operations of the Federal Aviation Administration, instead of
$7,060,203,000 proposed by the House and $7,047,203,000
proposed by the Senate. Of the total amount provided,
$3,799,278,000 (53.7 percent) is to be derived from the airport
and airway trust fund, as proposed by the Senate. Funds are
distributed in the bill by budget activity, as proposed by the
Senate. The bill maintains a prohibition on funds for
aeronautical charting and cartography activities conducted by,
or coordinated through, the Working Capital Fund, as proposed
by the House.
The following table compares the conference agreement to
the levels proposed in the House and Senate bills by budget
activity:
CONFERENCE AGREEMENT, FAA OPERATIONS, FY 2003
----------------------------------------------------------------------------------------------------------------
Conference
House bill Senate bill agreement
----------------------------------------------------------------------------------------------------------------
Air traffic services................................... $6,038,090,000 $6,038,090,000 $6,038,090,000
Accrual proposal................................... -340,553,000 -340,553,000 -340,553,000
Spring/summer 2003................................. -3,250,000 ................. -1,750,000
Operational evolution plan......................... -11,116,000 ................. -9,616,000
National airspace redesign......................... -5,357,000 ................. -3,525,000
National park air tour management plans............ -4,100,000 ................. -4,100,000
Contract tower cost-sharing........................ 6,000,000 6,000,000 6,000,000
MARC............................................... 2,000,000 ................. 2,000,000
Training........................................... -10,405,000 ................. -2,000,000
NAS handoff........................................ 70,000,000 ................. 30,000,000
Medallion program.................................. ................. 1,500,000 1,500,000
Unspecified reduction.............................. ................. -43,000,000 .................
--------------------------------------------------------
Amount recommended............................. 5,741,309,000 5,662,037,000 5,716,046,000
========================================================
Regulation and certification........................... 867,174,000 867,174,000 867,174,000
Accrual proposal................................... -33,207,000 -33,207,000 -33,207,000
Safer skies........................................ -6,887,000 ................. -3,400,000
International harmonization staff.................. -250,000 ................. -250,000
Drug/alcohol compliance testing.................... -810,000 ................. -810,000
Non-precision GPS approaches....................... ................. 1,500,000 1,500,000
Inspector technical training....................... ................. 4,000,000 2,000,000
Alien species action plan.......................... ................. 3,000,000 3,000,000
--------------------------------------------------------
Amount recommended............................. 826,020,000 839,467,000 836,007,000
========================================================
Civil aviation security................................ 6,064,000 6,064,000 6,064,000
Accrual proposal--former FAA employees............. -6,064,000 -6,064,000 -6,064,000
Aviation Security Advisory Committee............... -60,000 ................. .................
--------------------------------------------------------
Amount recommended............................. -60,000 0 0
========================================================
Research and acquisitions.............................. 211,156,000 211,156,000 211,156,000
Accrual proposal................................... -3,556,000 -3,556,000 -3,556,000
Contract management efficiencies................... 0 0 -2,000,000
--------------------------------------------------------
Amount recommended............................. 207,600,000 207,600,000 207,600,000
========================================================
Commercial space transportation........................ 12,569,000 12,569,000 12,569,000
Accrual proposal................................... -244,000 -244,000 -244,000
--------------------------------------------------------
Amount recommended............................. 12,325,000 12,325,000 12,325,000
========================================================
Regions and center operations.......................... 93,777,000 93,777,000 93,777,000
Accrual proposal................................... -11,585,000 -11,585,000 -11,585,000
Restore proposed cut to base programs.............. 1,200,000 ................. 1,200,000
--------------------------------------------------------
Amount recommended............................. 83,392,000 82,192,000 83,392,000
========================================================
Human resource management.............................. 84,073,000 84,073,000 84,073,000
Accrual proposal................................... -3,813,000 -3,813,000 -3,813,000
FECA administrative surcharge...................... -4,353,000 ................. -4,353,000
HRIS deferral...................................... -4,600,000 ................. 4,600,000
Strategic alliances................................ -5,499,000 ................. -2,000,000
--------------------------------------------------------
Amount recommended............................. 65,808,000 80,260,000 69,307,000
========================================================
Office of financial services........................... 49,992,000 49,992,000 49,992,000
Accrual proposal................................... -1,210,000 -1,210,000 -1,210,000
Contracts management............................... -2,000,000 ................. .................
--------------------------------------------------------
Amount recommended............................. 46,782,000 48,782,000 48,782,000
========================================================
Staff offices.......................................... 89,425,000 89,425,000 89,425,000
Accrual proposal................................... -4,535,000 -4,535,000 -4,535,000
Position review--assumed savings................... -400,000 ................. -400,000
Unspecified reduction.............................. -900,000 ................. .................
Freeze open positions in policy/planning office.... -1,750,000 ................. -1,750,000
Reduce office of system safety staffing............ -500,000 ................. -266,000
International aviation offices overseas............ 500,000 ................. 500,000
--------------------------------------------------------
Amount recommended............................. 81,840,000 84,890,000 82,974,000
========================================================
Office of information services......................... 29,650,000 29,650,000 29,650,000
========================================================
Accountwide adjustments:
Staffing adjustment................................ -10,000,000 ................. -5,000,000
Contract maintenance............................... -21,258,000 ................. -10,000,000
Travel............................................. -1,064,000 ................. -1,064,000
FAA/DOT Library TASC charges....................... -2,141,000 ................. -1,000,000
--------------------------------------------------------
Amount recommended............................. -34,463,000 0 -17,064,000
========================================================
Total appropriation recommended................ 7,060,203,000 7,047,203,000 7,069,019,000
----------------------------------------------------------------------------------------------------------------
Administration of potential shortfall due to essential
air service transfer.--The conferees agree that the FAA
Administrator has the flexibility to propose the use of funds
in either the ``Operations'' or ``Facilities and equipment''
appropriations to address any shortfalls in essential air
service funding for which FAA resources are required under
existing law. The Administrator is directed to advise the House
and Senate Committees on Appropriations on the appropriations
and programs from which these funds would be drawn.
Air traffic staffing budget.--The conferees agree that
the report proposed by the House on allocation of the air
traffic staffing shortfall is to be submitted to the House and
Senate Committees on Appropriations no later than 30 days after
enactment of this Act.
National Park air tour management plans.--In reducing
this program by $4,100,000, the conferees do not intend to slow
down the review and approval of air tour management plans. The
reduction reflects a substantial delay in this program due to
schedule slippage in issuance of the final rule.
Drug/alcohol compliance testing.--In agreeing to the
House's proposed reduction to this activity, the conferees do
not intend to diminish the agency's level of effort in employee
drug and alcohol testing. However, the agency has not yet
demonstrated a link between identified problems in
administration of this program and the need for additional
resources. The conferees believe the identified problems can
largely be addressed without additional resources at this time.
Contract tower program.--The conference agreement
includes $78,000,000 to fund the baseline contract tower
program and $6,000,000 for the contract tower cost-sharing
program. Consistent with current law and existing lease
arrangements, the conferees direct FAA to continue reimbursing
airports for space the agency utilizes at all contract tower
locations previously staffed by the agency, including existing,
newly constructed, and future replacement towers. The conferees
commend those airports that are moving forward with replacing
outdated towers. The conferees do not believe smaller airports
should be compelled to provide FAA free space in replacement
contract towers.
Facilities and Equipment
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement includes $2,981,022,000 for
``Facilities and equipment'', as proposed by both the House and
Senate. Of the total amount available, $404,655,240 is
available for one year, and $2,576,366,760 is available for
three years. The bill deletes a provision proposed by the
Senate that would have provided a contingent rescission
relating to submission of the FY 2004 Capital Investment Plan.
This provision is no longer necessary, as the report has been
submitted to the Congress.
The following table provides a breakdown of the House and
Senate bills and the conference agreement by program:
Facilities and Equipment, Fiscal Year 2003
----------------------------------------------------------------------------------------------------------------
Note: all figures in thousands
($000) Budget estimate House bill Senate bill Conference
----------------------------------------------------------------------------------------------------------------
Category 1: Improve Aviation Safety. 403,340.00 484,214.20 363,640.00 468,623.00
Terminal Business Unit.............. 141,000.00 151,183.00 161,300.00 151,183.00
Aviation Weather Services 23,440.00 23,440.00 23,440.00 23,440.00
Improvements.......................
Low Level Windshear Alert System 1,600.00 1,600.00 1,600.00 1,600.00
(LLWAS)--Upgrade...................
Aviation Safety Analysis System 21,700.00 15,000.00 21,700.00 15,000.00
(ASAS).............................
Integrated Flight Quality Assurance 500.00 500.00 500.00 500.00
(IFQA).............................
Safety Performance Analysis 2,100.00 2,100.00 2,100.00 2,100.00
Subsystem (SPAS)...................
Performance Enhancement Systems 2,600.00 2,600.00 2,600.00 2,600.00
(PENS).............................
Safe Flight 21...................... 29,800.00 40,000.00 32,800.00 40,000.00
Advanced Technology Development and 41,100.00 43,100.00 41,600.00 57,200.00
Prototyping........................
Aircraft Related Equipment Program.. 16,000.00 16,000.00 16,000.00 16,000.00
National Aviation Safety Data 2,000.00 2,000.00 2,000.00 2,000.00
Analysis Center (NASDAC)...........
Louisville, KY technology 0.00 10,000.00 0.00 10,000.00
demonstration......................
Explosive Detection Technology...... 121,500.00 176,691.20 55,000.00 144,000.00
Volcano Monitoring.................. ................. ................. 3,000.00 3,000.00
Category 2: Improve Effciency of the 914,185.50 879,885.30 895,951.50 816,780.30
Air Traffic Control System.........
Terminal Business Unit.............. 551,035.50 516,280.30 534,601.50 490,030.30
Aeronautical Data Link (ADL) 33,200.00 33,200.00 29,700.00 29,700.00
Applications.......................
Free Flight Phase 2................. 106,200.00 106,200.00 96,200.00 70,000.00
Air Traffic Management (ATM)........ 13,000.00 13,000.00 13,000.00 13,000.00
Free Flight Phase 1................. 39,900.00 36,600.00 39,900.00 36,600.00
Automated Surface Observing System 12,100.00 12,755.00 12,100.00 12,100.00
(ASOS).............................
Next Generation Very High Frequency 71,100.00 71,100.00 71,100.00 66,100.00
Air/Ground Communications System
(NEXCOM)...........................
En Route Automation Program......... 71,050.00 71,050.00 75,250.00 71,050.00
Weather and Radar Processor (WARP).. 13,600.00 13,600.00 13,600.00 13,600.00
Long Range Radar Sustainment........ ................. ................. 7,500.00 7,500.00
ATOMS Local Area/Wide Area Network.. 1,100.00 1,100.00 1,100.00 1,100.00
NAS Management Automation Program 1,900.00 0.00 1,900.00 1,000.00
(NASMAP)...........................
New York Integrated Control Complex. 0.00 5,000.00 0.00 5,000.00
Category 3: Increase Capacity of the 353,500.00 394,875.00 400,384.00 432,975.00
NAS................................
Navigation and Landing Aids......... 249,800.00 291,175.00 295,735.00 329,275.00
Oceanic Automation System........... 87,400.00 87,400.00 76,349.00 87,400.00
Gulf of Mexico Offshore Program..... 2,300.00 2,300.00 2,300.00 2.300.00
Voice Switching and Control System 14,000.00 14,000.00 14,000.00 14,000.00
(VSCS).............................
Transponder Landing System.......... ................. ................. 12,000.00 0.00
Category 4: Improve Reliability of 443,410.00 434,010.00 461,710.00 434,310.00
the NAS............................
Guam Center Radar Approach Control 5,000.00 5,000.00 5,000.00 5,000.00
(CERAP)--Relocate..................
Terminal Voice Switch Replacement/ 6,200.00 6,200.00 17,200.00 14,200.00
Enhanced TVS.......................
Airport Cable Loop Systems-- 4,000.00 4,000.00 5,500.00 5,500.00
Sustained Support..................
En Route Automation Program......... 142,800.00 142,800.00 147,500.00 150,000.00
ARTCC Building Improvements/Plant 40,200.00 40,200.00 40,200.00 35,000.00
Improvements.......................
Air Traffic Management (ATM)........ 24,500.00 24,500.00 24,500.00 24,500.00
Critical Telecommunication Support.. 1,000.00 1,000.00 1,000.00 1,000.00
FAA Telecommunications 46,600.00 46,600.00 46,600.00 42,000.00
Infrastructure.....................
Air/Ground Communications 22,800.00 22,800.00 22,800.00 22,800.00
Infrastructure.....................
Voice Recorder Replacement Program 3,300.00 7,000.00 3,300.00 5,000.00
(VRRP).............................
NAS Infrastructure Management System 29,100.00 16,000.00 29,100.00 16,000.00
(NIMS).............................
Flight Service Station (FSS) 5,700.00 5,700.00 5,700.00 5,700.00
Modernization......................
FSAS Operational and Supportability 19,710.00 19,710.00 19,710.00 19,710.00
Implementation System (OASIS)......
Weather Message Switching Center 2,000.00 2,000.00 2,000.00 2,000.00
Replacement (WMSCR)................
Flight Service Station Switch 13,200.00 13,200.00 13,200.00 13,200.00
Modernization......................
Alaskan NAS Interfacility 2,900.00 2,900.00 4,000.00 4,000.00
Communications System (ANICS)......
Electrical Power Systems--Sustain/ 50,700.00 50,700.00 50,700.00 45,000.00
Support............................
NAS Recovery Communications (RCOM).. 9,400.00 9,400.00 9,400.00 9,400.00
Aeronautical Center Infrastructure 11,700.00 11,700.00 11,700.00 11,700.00
Modernization......................
Frequency and Spectrum Engineering.. 2,600.00 2,600.00 2,600.00 2,600.00
Category 5: Improve the Efficiency 444,019.50 436,919.55 436,769.51 413,678.51
of Mission Support.................
NAS Improvement of System Support 2,700.00 2,700.00 2,700.00 2,700.00
Laboratory.........................
Technical Center Facilities......... 12,000.00 12,000.00 12,000.00 12,000.00
Technical Center Building and Plant 3,000.00 3,000.00 3,000.00 3,000.00
Support............................
En Route Communications and Control 1,057.95 1,058.00 1,307.95 1,307.95
Facilities Improvements............
DOD/FAA Facilities Transfer......... 1,200.00 1,200.00 3,200.00 3,200.00
Terminal Communications--Improve.... 1,249.30 1,249.30 1,249.30 1,249.30
Flight Service Facilities 1,223.24 1,223.24 1,223.24 1,223.24
Improvement........................
Navigation and Landing Aids--Improve 5,034.02 5,034.02 5,034.02 5,034.02
FAA Buildings and Equipment......... 11,000.00 11,000.00 11,000.00 11,000.00
Air Navigational Aids and ATC 2,100.00 2,100.00 2,100.00 2,100.00
Facilities (Local Projects)........
Computer Aided Engineering and 2,800.00 2,800.00 2,800.00 2,800.00
Graphics (CAEG) Modernization......
Information Technology Integration.. 1,600.00 1,600.00 1,600.00 1,600.00
Operational Data Management System 10,300.00 3,000.00 10,300.00 3,000.00
(ODMS).............................
Logistics Support Systems and 9,300.00 5,000.00 5,000.00 5,000.00
Facilities (LSSF)..................
Test Equipment--Maintenance Support 1,700.00 1,700.00 1,700.00 1,700.00
for Replacement....................
Facility Security Risk Management... 37,300.00 25,000.00 37,300.00 25,000.00
Information Security................ 13,291.00 13,291.00 13,291.00 8,000.00
Distance Learning................... 1,300.00 1,300.00 1,300.00 1,300.00
National Airspace System (NAS) 2,300.00 2,300.00 2,300.00 2,300.00
Training Facilities................
System Engineering and Development 25,800.00 25,800.00 25,800.00 23,800.00
Support............................
Program Support Leases.............. 38,400.00 38,400.00 38,400.00 36,400.00
Logistics Support Services (LLS).... 7,500.00 7,500.00 7,500.00 7,500.00
Mike Monroney Aeronautical Center-- 14,600.00 14,600.00 14,600.00 14,600.00
Leases.............................
In-Plant NAS Contract Support 2,900.00 2,900.00 2,900.00 2,900.00
Services...........................
Transition Engineering Support...... 39,000.00 37,000.00 37,000.00 35,000.00
FAA Corporate Systems Architecture.. 1,000.00 1,000.00 1,000.00 1,000.00
Technical Support Services Contract 46,700.00 46,700.00 44,700.00 41,700.00
(TSSC).............................
Resource Tracking Program (RTP)..... 3,700.00 3,700.00 2,500.00 2,500.00
Center for Advanced Aviation System 81,364.00 81,364.00 81,364.00 81,364.00
Development........................
Operational Evolution Plan.......... 1,000.00 1,000.00 1,000.00 1,000.00
NAS Facilites OSHA and Environmental 32,600.00 28,400.00 32,600.00 28,400.00
Standards Compliance...............
Fuel Storage Tank Replacement and 8,500.00 8,500.00 8,500.00 8,500.00
Monitoring.........................
Hazardous Materials Management...... 20,500.00 20,500.00 20,500.00 20,500.00
Research Aircraft Replacement....... 0.00 25,000.00 0.00 15,000.00
Unspecified......................... 0.00 -2,000.00 0.00 0.00
Category 6: PCB&T Only.............. 441,118.00 421,118.00 422,567.00 404,655.24
Personnel and Related Expenses...... 441,118.00 421,118.00 422,567.00 404,655.24
Category 7: Accountwide Adjustments. 0.00 -70,000.00 ................. 10,000.00
NAS Handoff--Transfer to Operating 0.00 -70,000.00 ................. 10,000.00
Expenses...........................
---------------------------------------------------------------------------
Totals.......................... 2,999,573.00 2,981,022.05 2,981,022.01 2,981,022.05
----------------------------------------------------------------------------------------------------------------
Terminal business unit.--The conference agreement
provides $641,213,304 for activities of the terminal business
unit. The following table compares the conference agreement to
the budget estimate and the House and Senate proposals:
----------------------------------------------------------------------------------------------------------------
Budget Conference
Budget line 1A01: estimate House bill Senate bill agreement
----------------------------------------------------------------------------------------------------------------
NEXRAD upgrade.................................. $9,100,000 $9,100,000 $9,100,000 $9,100,000
Terminal doppler weather radar.................. 7,700,000 5,700,000 7,700,000 5,700,000
ASDE............................................ 10,000,000 10,000,000 10,000,000 10,000,000
AMASS........................................... 21,700,000 14,583,000 21,700,000 14,583,000
Weather systems processor....................... 2,200,000 2,200,000 2,200,000 2,200,000
ASDE-X.......................................... 90,300,000 109,600,000 104,600,000 109,600,000
Safety and security activities.................. .............. .............. 6,000,000 ..............
---------------------------------------------------------------
Total....................................... 141,000,000 151,183,000 161,300,000 151,183,000
Budget line 2A01:
Terminal automation program (STARS)............. 166,000,000 151,200,000 158,700,000 155,000,000
ATCBI-6......................................... 47,100,000 35,000,000 35,000,000 28,000,000
ATC en route radar facilities improvements...... 3,000,000 3,000,000 3,000,000 3,000,000
Terminal ATC facilties replacement.............. 108,600,000 124,100,000 103,566,000 119,550,000
ATC/TRACON facilities improvement............... 52,755,192 44,000,000 44,000,000 44,000,000
Potomac TRACON.................................. 2,700,000 2,700,000 2,700,000 2,700,000
Northern California TRACON...................... 200,000 200,000 200,000 200,000
Dallas/Fort Worth TRACON........................ 1,600,000 1,600,000 1,600,000 1,600,000
Terminal digital radar (ASR-11)................. 123,400,000 80,000,000 90,000,000 80,000,000
ASR-9 SLEP...................................... 23,000,000 23,000,000 15,500,000 20,000,000
Mode S provide.................................. 3,000,000 3,000,000 3,000,000 3,000,000
Terminal applied engineering.................... 8,200,000 4,000,000 4,000,000 4,000,000
Precision runway monitors....................... 1,000,000 19,000,000 18,000,000 18,500,000
Houston area air traffic system................. 6,000,000 6,000,000 6,000,000 6,000,000
Terminal ASR improvements....................... 1,380,304 1,380,304 1,380,304 1,380,304
PCS moves....................................... 3,100,000 3,100,000 3,100,000 3,100,000
Transponder landing system (TLS)................ 0 15,000,000 .............. ..............
Unspecified..................................... .............. .............. 44,855,192 ..............
---------------------------------------------------------------
Total....................................... 551,035,496 516,280,304 534,601,496 490,030,304
----------------------------------------------------------------------------------------------------------------
Terminal air traffic control facilities replacement.--The
conference agreement provides $119,550,000 for this program.
Funds shall be distributed as follows:
Conference
agreement
Las Vegas McCarran International, NV.................... $3,500,000
Provo Municipal, UT..................................... 800,000
St. Louis Downtown, MO.................................. 2,500,000
North Bend Municipal, OR................................ 1,000,000
Reno/Tahoe International, NV............................ 4,500,000
Chippewa Valley Regional, WI............................ 6,000,000
Wittman Regional, WI.................................... 4,000,000
Double Eagle II, NM..................................... 1,900,000
Kalamazoo/Battle Creek, MI.............................. 1,500,000
Columbia Metropolitan, SC............................... 1,500,000
Missoula, MT............................................ 1,500,000
Columbus, MS............................................ 1,250,000
Pago Pago, American Samoa............................... 175,000
Baltimore, MD........................................... 2,088,581
Dulles International, VA................................ 600,000
Deer Valley, AZ......................................... 803,196
Memphis, TN............................................. 1,147,000
Portland, OR (Tracon)................................... 5,500,000
Addison Field, TX....................................... 5,700,000
Reno, NV................................................ 8,349,000
Fort Wayne, IN.......................................... 3,539,000
Newport News, VA........................................ 6,400,000
LaGuardia, NY........................................... 9,460,000
St. Louis, MO (Tracon).................................. 1,500,000
Corpus Christi, TX...................................... 700,000
Beaumont, TX............................................ 1,000,000
Seattle, WA............................................. 550,000
Seattle, WA (Tracon).................................... 4,782,701
Salina, KS.............................................. 500,000
Newark, NJ.............................................. 3,000,000
Port Columbus, OH....................................... 2,100,000
Grand Canyon, AZ........................................ 255,898
Savannah, GA............................................ 919,190
Newburgh, NY............................................ 2,065,000
Richmond, VA............................................ 550,000
Vero Beach, FL.......................................... 878,775
Everett, WA............................................. 925,000
Roanoke, VA............................................. 550,000
Merrimack, NH (BCT)..................................... 4,700,000
Phoenix, AZ............................................. 14,107,919
Manchester, NH.......................................... 943,609
Wilkes Barre, PA........................................ 2,000,000
Topeka, KS.............................................. 1,690,131
Billings, MT............................................ 2,120,000
--------------------------------------------------------
____________________________________________________
Total............................................. 119,550,000
Precision runway monitors.--The conferees understand the
City of Cleveland is seeking reimbursement of approximately
$500,000 for costs related to installation of a precision
runway monitor in this location. The conferees encourage FAA to
place a high priority on the city's request in its allocation
of funding provided in this bill.
Transponder landing system.--The conference agreement for
this program shall be distributed as follows:
Conference
Location agreement
Minden-Tahoe Airport, NV................................ $2,000,000
Elko Airport, NV........................................ 2,000,000
Omak Airport, WA........................................ 2,000,000
Richland Airport, WA.................................... 2,000,000
Truckee Tahoe Airport, CA............................... 2,000,000
Driggs Reed Memorial, ID................................ 2,000,000
Sandpoint Airport, ID................................... 2,000,000
LaGrande/Union County, OR............................... 2,000,000
William H. Morse Airport, VT............................ 2,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 18,000,000
Safe flight 21.--The conference agreement includes
$18,600,000 for the Ohio River Valley Project, $19,900,000 for
Project Capstone, and $1,500,000 for the development of ADS-B
standards, as proposed by the House.
Advanced technology development and prototyping.--The
conference agreement includes $57,200,000 for advanced
technology development and prototyping. The following table
compares the conference agreement to the House and Senate bills
by budget activity:
----------------------------------------------------------------------------------------------------------------
Conference
House bill Senate bill agreement
----------------------------------------------------------------------------------------------------------------
Runway incursion....................................... $6,700,000 $6,700,000 $6,700,000
Aviation system capacity improvement................... 4,000,000 6,300,000 5,150,000
Separation standards................................... 2,200,000 2,200,000 2,200,000
Airspace management laboratory......................... 4,600,000 4,600,000 4,600,000
GA/vertical flight technology.......................... 1,000,000 1,000,000 1,000,000
Operational concept validation......................... ................. 2,500,000 1,250,000
Software engineering................................... 1,000,000 1,000,000 1,000,000
NAS requirements development........................... ................. 3,000,000 .................
WAAS................................................... 3,100,000 3,100,000 3,100,000
LAAS................................................... 2,800,000 2,800,000 2,800,000
Domestic RVSM.......................................... 4,200,000 2,200,000 4,200,000
Development system assurance........................... ................. 2,700,000 2,700,000
Safer skies............................................ ................. 3,000,000 2,000,000
Alkali-silica reactivity study......................... 1,000,000 ................. 1,000,000
ROWS--Gulfport-Biloxi Airport, MS...................... ................. 500,000 500,000
Airfield improvement program........................... ................. 2,000,000 2,000,000
Wind/weather research, Juneau, AK...................... ................. 5,500,000 5,500,000
Phased array radar technology.......................... 3,000,000 ................. 2,000,000
Airport research....................................... 7,500,000 ................. 7,500,000
Fogeye................................................. 2,000,000 ................. 2,000,000
Unspecified............................................ ................. -7,500,000 .................
--------------------------------------------------------
Total.............................................. 43,100,000 41,600,000 57,200,000
----------------------------------------------------------------------------------------------------------------
En route automation.--The conferees agree that, within
the funds provided for this program, $15,000,000 is for the
Initial Academy Training System. The Senate proposed
$16,900,000 for this project.
Automated surface observing system.--The conferees agree
that, within the funds provided for this program, $400,000 is
for an automated weather sensor system at Driggs-Reed Memorial
Airport, ID and $130,000 is for an automated weather observing
system with thunderstorm protection at Springfield Municipal
Airport, OH.
Navigation and landing aids.--The conferees provide
$329,275,000 for navigation and landing aids.
The conference agreement includes $1,500,000 for
navigation aids and equipment at Nikolski Airport in Alaska.
The conferees encourage FAA to assist the local community and
airport officials in determining the appropriate equipment to
be installed. The following table compares the conference
agreement to the House and Senate bills by budget activity:
----------------------------------------------------------------------------------------------------------------
Conference
House bill Senate bill agreement
----------------------------------------------------------------------------------------------------------------
Local area augmentation system......................... $55,800,000 ................. $50,000,000
Wide area augmentation system.......................... 98,900,000 98,900,000 98,900,000
VOR/DME................................................ 2,200,000 ................. 2,200,000
ALSIP.................................................. 17,575,000 29,755,000 33,375,000
ILS establishment...................................... 53,500,000 36,180,000 57,600,000
Runway visual range.................................... 13,000,000 ................. 13,000,000
DME sustain............................................ 2,100,000 ................. 2,100,000
NDB sustain............................................ 1,200,000 ................. 1,200,000
Visual navaids (PAPI/REIL)............................. 8,900,000 ................. 8,900,000
VASI replace with PAPI................................. 6,300,000 ................. 6,300,000
IAPA................................................... 3,700,000 ................. 3,700,000
Navigation & landing aids--SLEP........................ 3,000,000 ................. 3,000,000
Loran-C................................................ 25,000,000 21,000,000 25,000,000
Nationwide differential GPS............................ ................. 6,000,000 6,000,000
Transponder landing system (TLS)....................... ................. 12,000,000 18,000,000
Unspecified............................................ ................. 103,900,000 .................
--------------------------------------------------------
Total.............................................. 291,175,000 307,735,000 329,275,000
----------------------------------------------------------------------------------------------------------------
Approach lighting system improvement program.--The
conference agreement for this program shall be distributed as
follows:
------------------------------------------------------------------------
Conference
Location Item agreement
------------------------------------------------------------------------
Items in budget estimate........ Various............ $3,200,000
Jackson Airport, KY............. Lighting........... 175,000
Somerset Airport, KY............ Runway lighting.... 500,000
Bowman Field, KY................ Airfield lighting.. 500,000
MALSR acquisition............... MALSR acquisition.. 5,000,000
MALSR installation (backlog).... MALSR installation. 5,000,000
PAPI acquisition................ PAPI acquisition... 2,000,000
ALSF-2 acquisition.............. ALSF-2 acquisition. 2,000,000
Newark Intl, NJ................. PAPI installation 100,000
runway 22L.
Auburn-Opelika, AL.............. MALSR.............. 1,500,000
Reno-Stead, NV.................. MALSR.............. 2,000,000
Baton Rouge, LA................. MALSR.............. 600,000
Cleveland Hopkins Intl, OH...... MALSR runway 24L... 400,000
North Little Rock, AR........... MALSR.............. 400,000
Alaska statewide rural airports, ................... 10,000,000
AK.
---------------------------------------
Total....................... ................... 33,375,000
------------------------------------------------------------------------
Acquisition of precision approach path indicator lighting
systems.--The conferees emphasize that funding provided under
the Approach Lighting System Improvement Program for nationwide
acquisition of precision approach path indicator (PAPI)
lighting systems shall be used specifically for the purchase of
additional PAPI systems, to keep the production line
operational for future procurements.
Medium approach lighting system replacement.--The
conferees agree with Senate language recommending that FAA
continue to procure the latest equipment that has been approved
for use in the national airspace system.
Alaska statewide rural airport lighting.--The conferees
designate this as an item of special Congressional interest.
The $10,000,000 in this line may not be reprogrammed without
prior Congressional approval.
En route communications and control facilities
improvements.--The conferees agree that, within the funds
provided for this program, $250,000 shall be for a remote
communications outlet at the Keokuk, IA Airport.
Instrument landing system establishment.--The conference
agreement for this program shall be distributed as follows:
------------------------------------------------------------------------
Conference
Location Item agreement
------------------------------------------------------------------------
Items in budget estimate........ Various............ $23,500,000
National ILS replacement program Various............ 6,650,000
Richard Arthur-Fayette Field, AR Install ILS........ 500,000
Stuttgart Municipal, AR......... Purchase and 2,000,000
install ILS.
Plymouth Municipal, MA.......... Install ILS on 600,000
runway 06.
Lambert St. Louis Intl, MO...... Navigation aids.... 3,000,000
Cincinnati/N. Kentucky.......... Navigation aids for 3,000,000
new runway.
Pangborn Memorial, WA........... Install ILS........ 2,000,000
Winder Barrow Airport, GA....... Purchase and 3,000,000
install ILS.
LaGuardia International, NY..... Purchase/install 800,000
glideslope.
Talladega Municipal, AL......... Purchase/install 1,500,000
ILS.
Mena Intermountain Regional, AR. Install,Localizer/ 750,000
Gldslp; NDB; OM.
Napa County Airport, CA......... Install glideslope. 800,000
Hawyard (Sawyer Cty), WI........ Purchase/install 2,000,000
ILS.
Robert Gray AAF, TX............. Purchase/install 1,400,000
ILS.
Olive Branch Airport, MS........ ................... 500,000
Reno/Tahoe International, NV.... ................... 1,200,000
Wasilla Airport, AK............. ................... 800,000
Central Illinois Regional, IL... Upgrade ILS to cat 3,000,000
II, runway 20.
Somerset Airport, KY............ DME and glideslope. 600,000
---------------------------------------
Total recommended........... ................... 57,600,000
------------------------------------------------------------------------
Runway visual range.--Of funds provided above the budget
estimate for runway visual range, $5,000,000 is for the new
generation RVR system and $800,000 is for installation of a
runway visual range visibility instrument at Westchester County
Airport in New York, as proposed by the House.
Gallatin Field Airport, MT--The conferees are concerned
about potential safety risks associated with the lack of radar
coverage at Gallatin Field Airport in Bozeman, Montana, an
airport whose enplanements and operations are growing. The
conferees encourage the Administrator to expand the current
multilateration surveillance evaluation to include airspace
traffic activity at Gallatin Field and the surrounding areas.
The conferees further encourage the Administrator to enter into
a cost-sharing agreement with Gallatin Field to provide this
evaluation.
Static transfer switches.--The conferees commend FAA for
awarding a contract to procure static transfer switches for en
route facilities. The static transfer switch enables air
traffic control centers to switch to back-up power systems
quickly enough to prevent computers from ``crashing'', and
replaces equipment that lacks this important capability. The
conferees direct the FAA to utilize expeditiously the funding
provided for these switches.
Facilities and Equipment
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION)
The conference agreement includes a rescission of
unobligated balances from ``Facilities and equipment'' of
$20,000,000. The Secretary is directed to advise the House and
Senate Committees on Appropriations on the distribution of this
rescission prior to its implementation.
Research, Engineering, and Development
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement provides $148,450,000 for
research, engineering, and development instead of $138,000,000
as proposed by the House and $124,000,000 as proposed by the
Senate. The following table compares the conference agreement
to the budget estimate and the House and Senate bills by budget
activity:
----------------------------------------------------------------------------------------------------------------
Conference
Program Budget Estimate House Bill Senate Bill agreement
----------------------------------------------------------------------------------------------------------------
Improve Aviation Safety:
Reduce commercial aviation
fatalities:
Fire research and safety........ $6,429,000 $5,500,000 $6,429,000 $6,429,000
Propulsion and fuel systems..... 3,998,000 5,998,000 4,998,000 5,998,000
Advanced materials/structural 1,374,000 1,374,000 1,374,000 1,374,000
Safety.........................
Flight safety/atmospheric 3,101,000 6,000,000 4,101,000 5,000,000
hazards........................
Aging aircraft.................. 20,974,000 19,131,000 20,974,000 20,974,000
Aircraft catastrophic failure 1,920,000 1,920,000 1,920,000 1,920,000
Prevention.....................
Flightdeck safety/systems 8,411,000 8,411,000 8,411,000 8,411,000
Integration....................
Reduce general aviation
fatalities:
Propulsion and fuel systems..... 1,713,000 1,713,000 1,713,000 1,713,000
Advanced materials/structural 1,679,000 1,679,000 1,679,000 1,679,000
Safety.........................
Flight safety/atmospheric 1,329,000 1,329,000 1,329,000 1,329,000
hazards........................
Aging aircraft.................. 5,243,000 10,243,000 5,243,000 9,243,000
Flightdeck safety/systems 2,000,000 2,000,000 2,000,000 2,000,000
Integration....................
Aviation System Safety:
Aviation safety risk analysis... 6,926,000 5,784,000 6,926,000 6,926,000
ATC/AF human factors............ 10,317,000 8,098,000 10,317,000 8,035,000
Aeromedical research............ 6,603,000 6,603,000 6,603,000 6,603,000
Weather research................ 19,406,000 19,406,000 19,406,000 21,906,000
Improve Efficiency of the ATC
System:
Weather research efficiency..... 9,099,000 6,000,000 12,099,000 12,099,000
Reduce Environmental Impacts:
Environment and energy.......... 7,698,000 22,100,000 2,698,000 22,100,000
Improve Mission Efficiency:
System planning and resource 1,459,000 1,000,000 1,459,000 1,000,000
Management.....................
Technical laboratory facilities. 6,455,000 6,455,000 6,455,000 6,455,000
Strategic partnerships.......... 610,000 0 610,000 0
Accountwide Adjustments:
CSRS/FEHBP accruals............. -2,744,000 -2,744,000 -2,744,000 -2,744,000
---------------------------------------------------------------------------
Total......................... $124,000,000 $138,000,000 $124,000,000 $148,450,000
----------------------------------------------------------------------------------------------------------------
Propulsion and fuel systems.--Of the funds provided for
propulsion and fuel systems, $1,000,000 is for the Specialty
Metals Processing Consortium and $1,000,000 is for research
into aviation grade ethanol fuels.
Aging aircraft.--Of the funds provided for aging
aircraft, $4,000,000 is for flight safety research equipment at
the National Institute for Aviation Research, instead of
$5,000,000 as proposed by the House.
Weather research safety.--Of the funds provided for
weather research safety, $4,000,000 is to continue research
into wake turbulence using pulsed laser Doppler radar
technology, instead of $5,000,000 as proposed by the Senate.
Weather research efficiency.--Of the funds provided for
weather research efficiency, $4,000,000 is for wake turbulence
research to expedite the development of new standards and
procedures, instead of $5,000,000 as proposed by the Senate.
Environment and energy.--Of the funds provided for
environment and energy, $850,000 is for a study of the
effectiveness of current research in aircraft noise reduction
technology, to be conducted by the Louisville Regional Airport
Authority, as proposed by the House. In addition, $15,000,000
is provided to speed up the introduction of lower noise
aircraft technologies, as proposed by the House. Within the
funding provided, FAA is directed to conduct, in concert with
an affected airport, a further study of low frequency aircraft
noise. The flaws identified with the previous low frequency
noise impact study should be corrected with this follow-on
study.
Resistance-based polymer sensing.--The conferees support
the FAA's efforts to promote safety in all aspects of air
transportation, and especially in such areas as leak detection,
cargo monitoring, and discriminatory fire warning systems. The
conferees are aware of ultra-lightweight, low-cost, low-power,
accurate, and network-able sensing technology enabled by
resistance-based polymer composites. The conferees encourage
the FAA to review the potential of these new technologies for a
variety of safety-related applications.
Grants-in-Aid for Airports
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement includes a liquidating cash
appropriation of $3,100,000,000, as proposed by the House and
the Senate.
Obligation limitation.--The conferees agree to an
obligation limitation of $3,400,000,000 for the ``Grants-in-aid
for airports'' program as proposed by the House and Senate.
This is the amount mandated by Public Law 106-181.
Administration.--The conference agreement includes a
limitation on administrative expenses of $63,620,000 instead of
$62,820,000 as proposed by the House and $81,049,000 as
proposed by the Senate. The conferees agree that airport-
related research shall continue to be funded under ``Facilities
and equipment, advanced technology development and
prototyping''. The conference agreement distributes funding as
follows:
Activity Amount
FY02 base amount........................................ $57,050,000
Mandatory adjustments................................... 2,647,000
Discretionary adjustments:
Advisory circular contract.......................... 1,350,000
Airport financial report. syst...................... 500,000
PFC program analysis................................ 300,000
Environmental streamlining.......................... 1,773,000
Total............................................. 63,620,000
Small community air service development pilot program.--
The bill includes $20,000,000 under the obligation limitation
to continue the small community air service development pilot
program, as proposed by the Senate. The House proposed a
similar amount for this program in a separate appropriation.
This is consistent with actions taken in fiscal year 2002.
Westchester County Airport improvements, NY.--In the
Transportation and Related Agencies Appropriations Act, 2002,
$5,000,000 was provided for the central de-icing facility at
Westchester County Airport in New York. The conferees agree
that this funding shall be reprioritized for all eligible
aviation projects at Westchester County Airport.
High priority projects.-- Of the funds covered by the
obligation limitation in this bill, the conferees direct FAA to
provide not less than the following funding levels, out of
available resources, for the following projects in the
corresponding amounts. The conferees agree that state
apportionment funds may be construed as discretionary funds for
the purposes of implementing this provision, consistent with
the practice begun in fiscal year 2001. To the maximum extent
possible, the administrator is directed to ensure that the
airport sponsors for these projects first use available
entitlement funds to finance these projects. The conferees
further direct that the specific funding allocated below shall
not diminish or prejudice the application of a specific airport
or geographic region to receive other AIP discretionary grants
or multiyear letters of intent.
AIP HIGH PRIORITY PROJECTS
----------------------------------------------------------------------------------------------------------------
Airport Project Description Conference
----------------------------------------------------------------------------------------------------------------
Akutan Airport.............................. Runway Improvements and access road......... $4,000,000
Barter Island Dew Airport (Kaktovik)........ Passenger Terminal.......................... 2,000,000
Juneau International Airport................ Snow Removal and other improvements......... 3,000,000
Kodiak Airport.............................. Various Improvements........................ 2,000,000
Palmer Municipal Airport.................... Various Improvements........................ 1,000,000
Petersburg Airport.......................... Runway Apron & Various improvements......... 4,000,000
Blackwell Field Airport..................... Land Acquisition for Runway Extension....... 2,000,000
City of Hartselle (Roundtree Field)......... Apron expansion............................. 280,000
Fairhope Municipal.......................... Runway replacement; convert runway to 1,500,000
taxiway.
Lawrence County Airport..................... Runway 13/31 rehabilitation................. 900,000
Madison County Executive Airport............ Security fencing, drainage imps;; land 1,500,000
acquis;; taxiway.
Mobile Downtown (Brookley Field)............ Runway Rehabilitation....................... 2,000,000
Montgomery Regional (Dannelly Field)........ Terminal Construction....................... 2,500,000
Richard Arthur-Fayette Field................ Improve and extend runway................... 1,000,000
Shelby County Airport....................... Land Acquisition, Runway & Taxiway.......... 2,000,000
Centre-Piedmont-Cherokee Regional........... Master Plan and land acquisition............ 2,000,000
Batesville Regional Airport................. Install localizer, DME; runway lighting; 800,000
relocate hangers.
Northwest Arkansas Regional................. Airport Expansion........................... 2,500,000
Deer Valley Airport......................... Various improvements........................ 800,000
Williams Gateway Airport.................... Construct north ramp taxiway................ 1,275,000
Fresno Yosemite International Airport....... Runway rehabilitation; redesign; access 800,000
control system.
Imperial Valley Regional.................... Cargo airport feasibility study............. 400,000
Little River Airport Mendocino County....... Land acquisition............................ 175,000
Meadows Field Airport....................... Terminal master plan; runway extension...... 1,700,000
San Bernardino International................ Runway repair and replacement............... 1,000,000
San Francisco International Airport......... Various improvements........................ 5,000,000
Southern California Logistics Airport....... Engine run-up area.......................... 1,500,000
Stockton Metropolitan....................... Cargo apron on north side of runway 11L/29R. 1,300,000
Georgetown Air Services Airport............. Security Improvements....................... 100,000
New Castle County Airport................... Digital Video Recording System.............. 150,000
Ft. Lauderdale-Hollywood International...... Develop and design automated people mover... 500,000
Inverness and Crystal River Airports........ Security improvements....................... 600,000
Miami International Airport................. Apron replacement for parking; security 1,000,000
enhancements.
Orlando International Airport............... Wildlife Attractants Project................ 4,000,000
Orlando Sanford Airport..................... Extension of runway 9R/27L.................. 1,000,000
Bush Field Airport.......................... New Terminal, Access & Parking.............. 1,000,000
Cherokee County Airport..................... Runway extension and parallel taxiway....... 1,500,000
Glynco Jetport Terminal..................... Modernize facility for operations and 2,000,000
security needs.
Council Bluffs Airport...................... Land Acquisition, Runway.................... 1,000,000
Eastern Iowa Airport........................ Rehabilitation of taxiways and general 1,000,000
aviation apron.
Fairfield Municipal Airport................. Runway & Taxiway............................ 500,000
Mason City Municipal........................ Reconstruct primary runway (17/35).......... 2,000,000
Ottumwa Industrial Airport.................. Partial parallel taxiway to runway end 31... 1,000,000
Freeport Albertus Airport................... Airport Improvement Projects................ 1,750,000
Greater Rockford Airport.................... Airport Improvement Projects................ 1,750,000
Quad City Airport/Moline.................... Airport Improvement Projects................ 750,000
Gary/Chicago Airport........................ Bituminous overlay for runway 1,100,000
rehabilitation; apron expansion.
Wichita Mid-Continent....................... Construct parallel runway and connecting 3,000,000
taxiways.
Barkley Regional Airport.................... Runway Extension, Various improvements...... 3,700,000
Blue Grass Field............................ Expansion of air carrier ramp............... 739,800
Bowman Field................................ Reconstruct taxiway and apron............... 1,500,000
Hawesville-Hancock County................... Design/construct runway..................... 1,000,000
Hazard Airport.............................. Runway extension............................ 2,000,000
Henderson City/County Airport............... Taxiway relocation.......................... 850,000
Madison County Airport...................... Runway safety area improvement.............. 450,000
Marion/Crittendon County Airport............ Engineering for phase 1 development; 800,000
escavation.
Mt. Sterling-Montgomery Airport............. Parallel taxiway............................ 500,000
Princeton/Caldwell County Airport........... Runway Extension............................ 750,000
Rowan County Airport........................ Master plan, environmental, grade and drain. 2,000,000
Somerset Airport............................ Runway extension and runway overlay......... 1,350,000
Tri-County Northern Regional Airport........ Various improvements........................ 350,000
Williamsburg/Whitley County Airport......... Grade and pave for new airport.............. 2,000,000
Armstrong International Airport............. Airfield safety improvements; other 1,000,000
improvements.
Houma-Terrebone............................. Runway upgrades............................. 2,000,000
Monroe Regional Airport..................... Terminal.................................... 725,000
Ryan Field Baton Rouge Airport.............. Various improvements, Language.............. 1,000,000
Shreveport Regional Airport................. Runway, Noise, Cargo........................ 4,000,000
Slidell Municipal........................... Airport taxiway reconstruction.............. 500,00
Cherry Capital Airport...................... Terminal Construction....................... 2,000,000
Oakland International....................... Noise mitigation activities................. 2,000,000
Minneapolis St. Paul........................ Deicing pad for runway 12R.................. 6,000,000
Joplin Airport.............................. Environmental assessment and design--new 810,000
terminal.
Kennett Memorial Airport.................... New runway construction..................... 2,000,000
Lewis County Airport........................ Hangar Projects............................. 900,000
Springfield/Branson......................... Design for new midfield terminal............ 3,000,000
Washington Memorial Airport................. Runway Project.............................. 150,000
Gulfport-Biloxi Airport..................... Terminal Expansion & Security............... 4,250,000
Houston Municipal Airport................... Various improvements........................ 600,000
Bert Mooney Airport......................... Various improvements........................ 750,000
Great Falls International Airport........... Category III Upgrades....................... 2,000,000
Helena Regional Airport..................... Facility Modernization...................... 1,250,000
Missuola International Airport.............. Master Plan, Runway, Land................... 4,000,000
Andrews-Murphy Airport...................... Runway extension; taxiway and RSA; land 200,000
acquisition 1,.
Anson County................................ Various improvements........................ 1,500,000
Concord Regional Airport.................... Runway Ext., Land Acquisition............... 2,000,000
Johnson County Airport...................... Wetland mitigation; construction of extended 1,000,000
RSA.
Macon County Airport........................ Runway extension EIS, design, and 900,000
preliminary engineering.
Monroe Municipal Lincoln County............. Security fencing............................ 300,000
Morgantown Lenoir Airport................... Partial parallel taxiways; widen/overlay 1,000,000
runway.
Statesville Municipal Airport............... Land acquisition; design/build runway 1,000,000
extension; install ILS.
Bismark Municipal Airport................... Terminal Replacement........................ 5,000,000
Central Nebraska Regional Airport........... Taxiway & Runwawy........................... 4,400,000
Newark International Airport................ Engineering studies/EIS for installation of 1,000,000
LDA w/glideslope.
Dona Ana County Airport..................... Runway and Taxiway.......................... 1,000,000
Reno Stead Airport.......................... Runway and Taxiway.......................... 2,000,000
Reno/Tahoe International Airport............ Taxiway, Runway............................. 2,000,000
Hancock International....................... Various equipment improvements.............. 100,000
Niagara Falls International Airport......... Rehabilitate apron; access improvements; 650,000
hanger demolition.
Plattsburgh International................... Construct terminal; rehabilitate hangers.... 2,000,000
Akron-Canton Regional....................... Design and construction of terminal 4,000,000
expansion.
Cincinnati Municipal (Lunken Field)......... Security fencing............................ 150,000
Cleveland Hopkins........................... Install navaids; noise mitigation; security 1,000,000
upgrades; lighting.
Port Columbus International................. Various improvements........................ 1,150,000
Rickenbacker International.................. Rehabilitation/expansion of air cargo 4,000,000
aircraft parking.
Toledo Express Airport...................... Construction of aircraft parking apron; 2,000,000
security enhancements.
Bartlesville Municipal Airport.............. Runway, Safety Area......................... 1,500,000
Davis Field Airport......................... Rehabilitate runway 13-31................... 750,000
Connellsville Airport....................... Runway extension; acquisition; other 2,000,000
improvements.
Erie International.......................... Runway Extension............................ 2,000,000
Jimmy Stewart Airport....................... Construct new, longer runway................ 1,000,000
Lawrence County Airport..................... Various improvements........................ 250,000
Lehigh Valley International Airport......... Lighting.................................... 1,000,000
Philadelphia International Airport.......... Reconstruct terminal apron; extend RSA;; 2,000,000
security; airfield.
Fairfield County Airport.................... Runway Extension............................ 375,000
Spartanburlg Downtown....................... Construct RSA; extend runway................ 1,000,000
Chan Gurney Airport......................... Runway Lighting System...................... 4,400,000
Highmore Municipal Airport.................. Runway...................................... 200,000
Chattanooga Airport......................... West airfield access road................... 2,310,200
McGhee Tyson Airport, Knoxville............. Construct new taxiway, public access road, 1,500,000
and service road.
Nashville International Airport............. Security Enhancement........................ 2,000,000
Upper Cumberland Regional................... Extend runway and parallel taxiway; land 500,000
acquisition.
Abilene Airport............................. Various improvements........................ 2,000,000
Del Rio International....................... Land acquisition for runway extension....... 2,000,000
Denton Municipal Airport.................... Improvements................................ 2,000,000
Draughon-Miller Regional Airport............ Extend runway; improve parallel taxiwawy; 2,000,000
lighting; elect. Vault.
Fort Worth Alliance Airport................. Extension of two runways.................... 3,000,000
Gainesville Municipal Airport............... Extend and mark runway 71-35; extend 1,000,000
parallel taxiway.
San Antonio International Airport........... Various improvements........................ 1,700,000
Valley International Airport................ Land acquisition; reconstruct/relocate road. 550,000
Ogden Hinckley Airport...................... Runway Extension............................ 4,500,000
Blue Ridge Airport.......................... Construction of facility for CAP............ 100,000
Charlottsville-Albermarle Airport........... Various improvements........................ 100,000
Franklin County Airport..................... Airport study............................... 410,000
Manassas Airport............................ Various improvements........................ 3,000,000
Washington Dulles International............. Various improvements........................ 1,000,000
Rutland State Airport....................... Public Taxiway.............................. 1,000,000
Bremerton Airport........................... Various improvements........................ 300,000
Spokane International Airport............... Taxiway..................................... 4,000,000
Central Wisconsin Airport................... Reconstruct primary air carrier runway & 8,000,000
parallel taxiway.
LaCrosse Municipal Airport.................. Parallel Taxiway............................ 2,000,000
Upshur County Airport....................... Runway extension; obstruction removal; apron 1,000,000
const..
WV Airports................................. Various improvements........................ 8,000,000
Cheyenne Airport............................ Runway Safety Area & Taxiway................ 5,000,000
----------------------------------------------------------------------------------------------------------------
Small Community Air Service Development
The conference agreement deletes the separate
appropriation for this program proposed by the House. Instead,
this program is funded under ``Grants-in-aid for airports'' at
the level proposed by both the House and Senate.
FEDERAL HIGHWAY ADMINISTRATION
Limitation on Administrative Expenses
The conference agreement limits administrative expenses
of the Federal Highway Administration (FHWA) to $316,126,000,
instead of $370,042,000 as proposed by the House and
$317,732,000 as proposed by the Senate.
The conference agreement provides that certain sums be
made available under section 104(a)(1)(A) of title 23, U.S.C.
to carry out specified activities as follows: $7,500,000 shall
be available for child passenger protection education grants as
authorized under section 2003(b) of Public Law 105-178, as
amended; $47,000,000 shall be available for border safety
inspection facilities at the Southern border; $59,967,000 shall
be available for the Federal Motor Carrier Safety
Administration's border enforcement activities; $269,700,000
shall be available for surface transportation projects; and
$7,000,000 shall be available for environmental streamlining.
The conferees recommend the following adjustments to the
budget request by program and activity:
Employee development (including FECA administrative
costs).............................................. -$1,606,000
FHWA streamlining.--The conferees direct the Federal
Highway Administration (FHWA) to provide the House and Senate
Committees on Appropriations a report, not later than April 15,
2003, summarizing FHWA's streamlining efforts, as proposed by
the House. The report should include specific examples of FHWA
activities that help streamline the environmental process.
Federal-Aid Highways
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement limits obligations for the
federal-aid highways program to $31,800,000,000 as proposed by
the Senate, instead of $27,653,143,000 as proposed by the
House.
Performance based outcomes.--The conferees recognize the
positive impact that performance based outcomes have on the
road building industry by allowing contractors the freedom and
flexibility to focus on quality long term performance and
encourage the Department of Transportation to continue to
explore their use.
Broughton Bridge improvements.--A total of $1,850,000 was
provided to make improvements to Broughton Bridge, Kansas, in
Public Laws 106-346 and 107-87. The conferees direct that the
balance shall be available to make improvements to the access
road to the bridge, including pavement overlay and related
shoulder work.
Middle East-West Highway.--Of the funds provided for
Middle East-West Highway, Maine, not less than $1,000,000 shall
be used to study a potential East-West corridor in Maine and
other ferry terminal facilities, as proposed by the Senate.
Large Project Management and Oversight.--As evidenced by
the high profile difficulties that have plagued the Central
Artery, Woodrow Wilson Bridge, and Springfield Interchange
projects--including dramatic cost increases and significant
schedule delays--the need for improvement of FHWA's financial
oversight and accountability on large projects cannot be
overemphasized. Although the FHWA has made notable progress in
converting these difficulties into constructive catalysts for
change, the conferees remain concerned about project
management. The Inspector General has noted that FHWA's
traditional engineering focus has inhibited the effective
scrutiny of other major project drivers such as financing, cost
controls, and schedule performance. To successfully refocus on
the evaluation of each state's processes for managing and
overseeing projects, the FHWA will need to evaluate the range
of disciplines and skills within its staff. Specifically, the
conferees direct the FHWA to develop a strategy for achieving a
more multidisciplinary approach towards its oversight
activities, to include: identification of staff with private
sector management skills, such as financing and cost
estimation; streamlining and delegation of project-level
approvals to facilitate greater emphasis upon oversight of
higher-level management and financial issues; and
implementation of a planned data collection system for trend
analysis. The conferees further direct FHWA to deliver this
strategy no later than May 15, 2003.
Ambassador Bridge.--The conferees continue language
directing the FHWA to ensure that funds provided for the
Ambassador Bridge/Gateway Project in Public Law 105-178 are
used only for that project.
Rural Road Safety.--The conference agreement retains
language pertaining to rural road safety, requiring GAO to
review federal funding of rural road safety improvements and to
determine whether some interstate design characteristics could
improve rural road safety. The report is to be submitted one
year from the date of enactment of this Act.
Interstate 49 South, Louisiana.--The conferees have been
informed of the decision of FHWA to sign a record of decision
on the alignment of Interstate 49 south of Interstate 10. House
Report 107-722 clearly directs the agency to evaluate
alternative routes to this project, including the Teche Ridge
route. The conferees direct FHWA to conduct a study of the
feasibility of a supplemental roadway to evacuate motorists in
the event of a natural disaster, which shall include the Teche
Ridge route and other routes or corridors. The conferees agree
that the review shall not prevent progress or delay the
completion of this project.
Costa Mesa, California, Susan Street Project.--Regarding
the Costa Mesa, California, Susan Street Project, the Director
and the District 12 Director of the California State Department
of Transportation are directed to certify to the House and
Senate Committees on Appropriations and the Secretary of the
United States Department of Transportation within 90 days of
enactment of this Act that all State operational and safety
requirements have been met with regard to the execution of the
New Harbor Boulevard North Off-Ramp project along the Route 405
Distributor Road in Costa Mesa, California. The Director of the
California State Department of Transportation, after making
such certification, may then approve the access point of the
proposed off-ramp from the Interstate System in accordance with
applicable State law and procedures.
Pennsylvania Avenue.--The conferees have included
$6,100,000 for planning and design activities and for the
initiation of construction of the improvement project at
Pennsylvania Avenue in front of the White House. Of the funds
provided, $2,800,000 is to complete the planning and design for
the project and $3,300,000 is for conducting structural testing
of streetscape components, initial surveying and utility
relocation. In addition, $5,000,000 is provided for
transportation studies to address traffic problems in the
immediate vicinity of the White House, including an engineering
design to alleviate congestion resulting from street closures
in that area. The project is to be managed by the FHWA in
consultation with the National Capital Planning Commission.
The Federal Highway Administration shall submit a report
to the House and Senate Committees on Appropriations and the
Office of Management and Budget within 6 months of enactment of
this Act on the Pennsylvania Avenue enhancements, as well as
the study that examines the impacts of street closures and
traffic restrictions in the vicinity of the White House.
Limitation on Transportation Research
The conferees provide a general limitation on
transportation research of $462,500,000, as proposed by both
the House and the Senate.
SURFACE TRANSPORTATION RESEARCH
Within the funds provided for surface transportation
research, the conference agreement includes $103,000,000 for
highway research and development for the following activities:
Environmental, planning, real estate.................... $16,700,000
Research and technology program support................. 8,500,000
International research.................................. 400,000
Structures.............................................. 13,500,000
Safety.................................................. 12,200,000
Operations and asset management......................... 16,000,000
Pavements research...................................... 15,500,000
Long term pavement project (LTPP)....................... 10,000,000
Advanced research....................................... 750,000
Policy research......................................... 8,700,000
R&T strategic planning and performance measures......... 750,000
--------------------------------------------------------
____________________________________________________
Total............................................. $103,000,000
Environmental, planning, and real estate.--The conference
agreement provides $16,700,000 for environmental, planning, and
real estate research. Within the funds provided for this
research activity, the FHWA is encouraged to provide $800,000
for the completion of the dust and persistent particulate
abatement demonstration study at Kotzebue, Alaska.
Research and technology.--The conference agreement
provides $8,500,000 for research and technology program
support. Within the funds provided for this activity, the FHWA
is encouraged to provide $750,000 for the Center on Coastal
Transportation Engineering Research at the University of South
Alabama.
International research.--The conferees have provided
$400,000, the level authorized under TEA-21, for international
research activities. Further, FHWA is directed by the conferees
to consult the House and Senate Appropriations Committees
before any international agreements are consummated that are
likely to require financial support.
Structures.--The conference agreement provides
$13,500,000 for structures research. Within the funds provided
for structures research, the conferees encourage the FHWA to
provide: $1,000,000 for the deployment of lithium technologies
to prevent and mitigate alkali silica reactivity; $1,000,000
for the New York City Bridge Corrosion Monitoring Project;
$250,000 for a demonstration project to evaluate battery
powered cathodic protection to extend the life of concrete
bridges located in extreme cold climates; and $250,000 to
support non-destructive structural evaluation technology at the
New Mexico State University's Bridge Research Center. The
conference agreement also directs the FHWA to continue its
collaborative research effort with West Virginia University's
Constructed Facilities Center on composite structure and
related engineering research.
Safety.--The conference agreement provides $12,200,000
for safety research. Within the funds provided for this
activity, the conferees encourage FHWA to provide: $600,000 to
the University of Florida's Seniors Institute for
Transportation and Communications; $1,200,000 to the National
Transportation Research Center, University of Tennessee for
heavy vehicle research; and $1,500,000 to conduct research into
heavy vehicle safety and vulnerability assessments regarding
security and safety in all modes of transportation at a not-
for-profit, technology-oriented entity in the Pacific Northwest
with demonstrated research capabilities to address issues of
braking, vehicle electrification, and human factors.
Operations and asset management.--The conference
agreement provides $16,000,000 for operations and asset
management. Within the funds provided for this activity, the
conferees encourage FHWA to provide $550,000 to South Carolina
State University for the Southern Rural Transportation Center;
$400,000 to the Orangeburg County Rural Transit Demonstration
project at South Carolina State University; and $1,200,000 to
analyze existing conditions and make recommendations that will
enhance the freight mobility transportation system in
Washington State.
The conference agreement does not provide funds for
statistical analysis of the National Quality Initiative under
any FHWA research program, as proposed by the House. Such
analysis shall be performed by the Bureau of Transportation
Statistics.
Pavements.--The conference agreement provides $15,500,000
for pavements research. Within the funds provided for this
activity, the conferees encourage FHWA to provide: $1,000,000
to the Center for Portland Cement Concrete Pavement Technology
at Iowa State University; $500,000 to support the Institute for
Aggregate Research at Michigan Technological University;
$750,000 to continue evaluation of GSB-88 emulsified binder
treatment application; $1,000,000 for the National Center for
Asphalt Technology (NCAT) at Auburn University, Alabama; and
$500,000 to continue research related to silica fume high
performance concrete.
Policy.--The conference agreement provides $8,700,000 for
policy research. Within the funds provided for this activity,
FHWA shall provide $2,200,000 to the University of Kentucky's
Academy for Community Transportation Innovation for
transportation research on integrating public involvement
technology and environmental issues.
Pavement Testing. FHWA is currently conducting research
to study, select, build, and test up to twelve lanes of newly
constructed asphalt pavement. The conferees are concerned that
the current Superpave system does not effectively characterize
the performance of modified asphalt binders. Therefore, the
conferees direct FHWA to add unmodified binders to the
Accelerated Load Frame (``ALF'') tests that are currently being
undertaken, specifically the Full-Scale Accelerated Performance
Testing for Superpave and Structural Validation testing being
performed at the Turner Fairbanks Highway Research Facility.
Unmodified asphalt binders shall be tested to serve as a
comparison to the modified asphalt binders. FHWA shall also
measure emissions during application and report the findings as
a part of this study.
INTELLIGENT TRANSPORTATION SYSTEMS
The conference agreement provides a limitation on
Intelligent Transportation Systems of $232,000,000, as proposed
by the Senate. Of the total, $110,000,000 is for intelligent
transportation systems (ITS) research and development, as
proposed by the Senate, for the following activities:
Research and development................................ $50,701,000
Operational tests....................................... 10,782,000
Evaluations............................................. 6,739,000
Architecture and standards.............................. 18,686,000
Integrations............................................ 11,455,000
Program support......................................... 11,455,000
--------------------------------------------------------
____________________________________________________
Total............................................. 110,000,000
Research.--The conference agreement provides $50,701,000
for research and development. Within the funds provided for
this activity, the conferees encourage FHWA to provide
$6,800,000 for commercial vehicle research.
Joint Program Office.--In the early 1990s, the
Appropriations Committees expressed strong support for the
formulation of a Joint Program Office (JPO) within the DOT to
oversee the federal role in the National Intelligent
Transportation system (ITS) effort. This office, which is
located within the Federal Highway Administration, now provides
overall program direction and budget coordination among the
multiple DOT offices conducting ITS activities. The success of
the federal investment in ITS has been due partly to the
effective functioning of the JPO. For example, the JPO's close
association with FHWA's research, headquarters staff, and
regional offices has ensured a unified approach to providing
training, implementing and testing standards, and adhering to a
national systems architecture. The conferees maintain that the
JPO's positive working relationship with the FMCSA and FTA has
facilitated progress in advancement of technologies and the
deployment of activities.
The appropriation for ITS provided by the conferees is
predicated on the continuation of the JPO conducting the
functions identified previously. Maximum efficiencies are most
likely to be obtained by retaining the current administrative
structure of the JPO within the FHWA with a reporting function
to the Deputy Secretary. If there is any change in the
administrative structure or responsibilities of the JPO, the
Secretary is directed to inform the House and Senate Committees
on Appropriations and to justify in detail such changes.
Intelligent transportation systems deployment projects.--
Within the funds available for intelligent transportation
systems deployment, the conference agreement provides that not
lessthan the following sums shall be available for intelligent
transportation projects in these specified areas:
Project Name Conference Total
Advance Traveler Information System & Smart Card System,
Ohio................................................ $1,000,000
Advance Traffic Analysis Center, North Dakota State
University.......................................... 1,000,000
Alaska Statewide: Smart Emergency Medical Access System. 1,000,000
Automated Vehicle Location (AVL) and Mobile Data
Terminals--Palm Tran, Palm Beach, Florida........... 850,000
Baton Rouge, Louisiana.................................. 750,000
Bozeman Pass Wildlife Channelization Study, Montana..... 250,000
Capital District Transportation Authority, Customer
Information ITS Project, New York................... 800,000
CCTA Burlington Multimodal Transit Center, Vermont...... 500,000
C-DOT ITS for I-70 Tunnels, Colorado.................... 3,700,000
Center for Injury Sciences UAB Crash Notification,
Alabama............................................. 3,000,000
Central Florida Regional Trans. Authority Orange/
Seminole ITS........................................ 1,500,000
Chapel Hill Transit, North Carolina, real time passenger
information system and vehicle location system...... 750,000
Chattanooga (CARTA) ITS, Tennessee...................... 1,875,000
Cicero Avenue travel information system, Illinois....... 300,000
City of Austin, Texas ITS Deployment Program, Texas..... 500,000
City of Boston intelligent transportation system,
Massachusettes...................................... 1,000,000
City of Inglewood, California intelligent transportation
system deployment project........................... 500,000
CVISN, New Mexico....................................... 525,000
DelDOT Integrated Transportation Management System,
DelTrac, Statewide Transit Passenger Information
System, Delaware.................................... 1,000,000
Elkhorn Boulevard Project, Sacramento, California....... 125,000
Emergency Vehicle Access Program, Antrim, Pennsylvania.. 60,000
Emergency Vehicle Optical Pre-Emption, Town of Islip,
New York............................................ 595,000
Flint Mass Transportation Authority ITS program,
Michigan............................................ 1,000,000
Fog Detection Improvements and Traffic Monitoring, Rural
Mountain Region, North Carolina..................... 200,000
Gettysburg Borough Signal Coordination and Upgrade-
Signalization; Adams County, Pennsylvania........... 1,500,000
GMU ITS Research, Virginia.............................. 1,000,000
Great Lakes ITS program, Michigan....................... 1,500,000
Harrison County Sheriff's Department ITS, Mississippi... 750,000
HART Bus Tracking & Communication, Florida.............. 4,000,000
Hoosier SAFE-T, Indiana................................. 500,000
Houma, Louisiana........................................ 1,250,000
Huntsville, Alabama..................................... 1,500,000
I-80 Dynamic Message Signs Southern, Wyoming............ 3,000,000
I-90 Truck Wind Warning System, Columbia River,
Washington.......................................... 125,000
Idaho Commercial Vehicle Systems and Networks (CVISN)... 750,000
Illinois Statewide...................................... 2,500,000
Intelligent transportation, Autonomous dial-a-ride
transit (ADART) phase IV implementation, Corpus
Christi, Texas...................................... 500,000
Intermodal ITS center, Orleans Parish, Louisiana........ 500,000
Interstate 95/Interstate 40 travel information
improvements, Johnston County, North Carolina....... 500,000
Iowa Statewide ITS, Iowa................................ 1,400,000
Kansas City Scout Advanced Traffic Management System,
Missouri............................................ 1,500,000
Kansas City, Kansas Smart Port.......................... 500,000
Kent Intracity Transit Project, Washington.............. 1,500,000
Law Enforcement Communications for Security, Biometrics,
Iowa................................................ 2,550,000
Lynnwood ITS, Washington................................ 2,000,000
Macomb County ITS Integration, Michigan................. 250,000
Maine Statewide Rural Advanced Traveler Info. System.... 1,000,000
Maryland Statewide ITS.................................. 1,000,000
Metrolina Traffic Management Center Communication, North
Carolina............................................ 2,000,000
MetroLink Los Angeles Union Station (LAUS) passenger
information delivery system project, California..... 500,000
Minnesota Guidestar..................................... 9,100,000
Missouri Statewide Rural ITS............................ 2,150,000
Montachusett Area Regional Transit (MART) advanced
vehicle located system, Massachusettes.............. 200,000
Monterey-Salinas Transit, intelligent transportation
system, California.................................. 750,000
Nebraska statewide ITS.................................. 3,000,000
New Bedford ITS Port Information Center, Massachusettes. 1,000,000
New York Metropolitan Area enhanced operations, New York 655,000
Northern Virginia ITS, Virginia......................... 750,000
Oklahoma Statewide ITS.................................. 2,750,000
Pennsylvania Turnpike Commission, Pennsylvania.......... 2,000,000
Program of Projects, Washington......................... 5,000,000
Providence Transportation Information Center ITS, Rhode
Island.............................................. 1,500,000
Richmond Highway intelligent transportation system
project, Virginia................................... 400,000
Round Rock, Texas, Williamson County, Communications
Integration......................................... 500,000
Rural Highway Information System, Kentucky.............. 6,000,000
Sacramento Area Council of Governments, Sacramento
region intelligent transportation system projects,
California.......................................... 1,000,000
Salem, New Hampshire ITS................................ 900,000
San Diego Joint Transportation Operations Center,
California.......................................... 2,000,000
Santa Teresa Border Tech Center, New Mexico State
University.......................................... 1,000,000
Shreveport ITS, Louisiana............................... 1,000,000
Sierra Madre Intermodal Transportation Center,
California.......................................... 1,500,000
South Carolina DOT Statewide ITS........................ 1,500,000
South Com Regional Dispatch Trauma Center, Matteson,
Olympia Fields, and Richton Park, Illinois.......... 100,000
SR-68/Riverside Dr. ITS Espanola, New Mexico............ 500,000
State of Wisconsin, deployment of commercial vehicle
information system and networks, level one
capability.......................................... 500,000
Statewide Transportation Operations Center, Kentucky.... 1,365,000
Surface Transportation Institute, University of North
Dakota.............................................. 1,000,000
Surveillance Camera and Transportation Management
Center, Des Moines, Iowa............................ 400,000
The Rapid, Grand Rapids, Michigan Public Transportation. 1,000,000
Traffic Corridor Communications System--Lake County,
Illinois............................................ 2,000,000
Tri-Cities Advanced Traffic Management System,
Washington.......................................... 500,000
Tucson ER-LINK ITS project, Arizona..................... 625,000
UALR intelligent transportation system, Little Rock,
Arkansas............................................ 250,000
Univ. of Nebraska Lincoln SMART Transportation.......... 1,000,000
University of Kentucky Transportation Center............ 1,500,000
US-395 Columbia River Bridge Traffic Operations and
Traveler Information System, Washington............. 250,000
Utah ITS Commuter Link Davis and Utah Counties.......... 1,000,000
Vermont Statewide Rural Advanced Traveler System........ 1,500,000
Vermont Variable Message Signs.......................... 1,000,000
Washington, DC Metro ITS................................ 2,000,000
Wisconsin State Patrol Mobile Data Communications
Network Upgrade..................................... 2,000,000
Projects selected for funding shall contribute to the
integration and interoperability of intelligent transportation
systems, consistent with the criteria set forth in TEA21.
Ferry Boats and Ferry Terminal Facilities
Within the funds available for ferry boats and ferry
terminal facilities, funds are to be available for the
following projects and activities:
Project Name Conference Total
Beacon and Newburgh cities ferry boat and ferry
facilities, New York................................ 900,000
Beale Street Landing/Docking Facility Memphis, Tennessee 500,000
Coffman Cove/Wrangell/Petersburg Ferries & Ferry
Facility, Alaska.................................... 1,850,000
Curtis ferry boat replacement, Maine State Ferry System. 250,000
Ferry Boat Replacement for Rockland and Vinalhaven,
Maine............................................... 1,000,000
Ferry Service, Dutchess and Orange County, New York..... 750,000
Fire Island Ferry Terminal, Saltaire, New York.......... 250,000
Fishers Island Ferry District, Connecticut.............. 2,500,000
Friday Harbor Ferry Terminal Preservation, Washington... 2,000,000
Golden Gate ferry berth facility, San Francisco
Terminal, California................................ 500,000
Jacksonville Ferry Stations (formerly St. Johns River
Ferry Terminal), Florida............................ 500,000
Middle Bass Ferry Dock, Phase II, Ohio.................. 500,000
Plaquemines Parish ferry, Louisiana..................... 500,000
Port of Galveston, intermodal improvement program, Texas 250,000
San Francisco Bay Area Water Transit Authority Ferry
Purchase Project, California........................ 2,500,000
Savannah Water Ferry, Georgia........................... 500,000
Ship Island Terminal, Gulfport, Mississippi............. 500,000
Stamford High Speed Ferry, Connecticut.................. 500,000
Toledo Hovercraft service development, Ohio............. 750,000
Vallejo Baylink Ferry Intermodal Center, California..... 1,000,000
National Corridor Planning and Development Program
Within the funds available for the national corridor
planning and development program, funds are to be available for
the following projects and activities:
Project Name Conference Total
12 Mile Road, Orchard Lake Road to Middlebelt Road,
Michigan............................................ 1,275,000
Alameda Corridor East, Los Angeles County, California... 1,495,000
Appalachian North-South Corridor Planning Study,
Maryland............................................ 500,000
Appalachian North-South Corridor Study on US Route 220,
West Virginia....................................... 1,500,000
Arkansas-Tennessee River Crossing Projects.............. 1,000,000
Barton River Port Industrial Park, US Highway 72,
Colbert County, Alabama............................. 1,500,000
Billings Bypass Development, Montana.................... 3,000,000
Bomber Road, Fort Worth, Texas.......................... 1,500,000
Charlotte/Mecklenburg County N/S Transitway, North
Carolina............................................ 2,000,000
Coalfields Expressway McDowell County, West Virginia.... 9,000,000
Continental-1 Hwy Corridor Cambria County, Pennsylvania. 1,500,000
County Road 222 Bridge, Cullman County, Alabama......... 1,000,000
Cross Harbor Freight Movement Project Environmental
Impact Statement, New York.......................... 2,000,000
Dempster Commercial Corridor Improvements, Village of
Morton Grove, Illinois.............................. 450,000
Donna-Rio Bravo International Border Crossing, Texas.... 750,000
East-West Highway, Maine................................ 1,500,000
Everett Development 41st Street Interchange, Washington. 1,000,000
Fairmont Gateway Connector (1-79 Connector), West
Virginia............................................ 2,000,000
Ft. Wainwright Alternative Access & Chena River
Crossing, Alaska.................................... 1,500,000
Gateway Corridor Initiative, Indiana.................... 600,000
Granite Falls Alternate Route Project, Washington....... 750,000
Heartland Expressway (SD79), South Dakota............... 500,000
Highway 100 (Collins Road), Cedar Rapids, Iowa.......... 1,000,000
Highway 15 Bridge Replacements, Jasper County, Bay
Springs, Mississippi................................ 1,500,000
Highway 231 Glover Carey Bridge and Owensboro
intersection, Kentucky.............................. 800,000
Highway 412 Springdale Bypass, Springdale, Arkansas..... 2,278,000
Highway 55 Corridor Preservation, I-494 in Hennepin
County to Annadale, Wright County, Minnesota........ 1,500,000
Highway 71 Texarkana South, Arkansas.................... 600,000
Highway US 12 Phase II, between Burbank and Walla Walla,
Washington.......................................... 1,900,000
Hot Springs Bypass, Highway 270 to Highway 5/7, Arkansas 1,000,000
Hwy 412 Widening Paragould Hwy 141, Arkansas............ 5,500,000
Hwy-28 Expansion Vernon Parish, Louisiana............... 3,000,000
I-10/LA-1 Interchange Bypass West Baton Rouge Parish,
Louisiana........................................... 500,000
I-15 Widening Project North Las Vegas, Nevada........... 1,000,000
I-35 expansion, Hill County, Texas...................... 1,500,000
I-35/127th Street Overpass, Olathe, Kansas.............. 2,000,000
I-39 (Stevens Point-Mosinee), Wisconsin................. 2,000,000
I-5 SR 542 Widening Sunset Drive Orleans to Britton Rd.,
Washington.......................................... 2,000,000
I-5 Trade Corridor, Oregon.............................. 3,500,000
I-65 and County Road 24 interchange, Limestone County,
Alabama............................................. 1,500,000
I-66, Pike County, Kentucky............................. 2,000,000
I-69 Connector from I-530 in Pine Bluff, Arkansas....... 700,000
I-69/Great River Bridge: Highway 65, Mississippi Highway
1, Mississippi...................................... 4,000,000
I-74 Bridge Project, Iowa............................... 3,000,000
I-75, Laurel County, Kentucky........................... 2,000,000
I-80 Colfax Narrows Project, Placer County, California.. 249,500
I-85 Extension from Montgomery to I-20/59, Alabama...... 500,000
IH 35-FM 2484 Amity Road, Shankin Road Overpass, Bell
County, Texas....................................... 2,000,000
Illinois Pioneer Parkway and Growth Cell Infrastructure
Improvements, Peoria, Illinois...................... 1,000,000
Illinois Route 29, Berry and Edinburg, Illinois......... 1,200,000
Intermodal Transportation for corridor from Atlanta to
Chattanooga, Tennessee.............................. 1,500,000
Kenai Penninsula Borough Road Improvements, Alaska...... 1,000,000
KY61 Greensburg to Columbia, Kentucky................... 4,000,000
LA 1 Embankment Stabilization Improvements, Louisiana... 3,000,000
LA-11 St. Tammany Parish, Louisiana..................... 300,000
Lakeland In-Town Bypass, Florida........................ 500,000
Lincoln Bypass, SR 65/Westwood Interchange Construction,
California.......................................... 2,000,000
Lincoln Highway 65 Widening (The Gap) Project,
California.......................................... 2,000,000
Martel Road Underpass, Loudon County, Tennessee......... 1,400,000
Meridian Bridge Replacement, US 81 Missouri River,
Yankton, South Dakota............................... 500,000
Mill Plain Boulevard at I-205, Washington............... 3,000,000
Missisquoi Bay Bridge Reconstruction, Vermont........... 2,000,000
Monticello Street Overpass, Kentucky.................... 7,750,000
New Corridor Land Acquisition; Westlake--North Olmstead/
Crocker--Stearns Connection, Ohio................... 400,000
New Route 905 Otay Mesa to I-5/I-85m, California........ 4,000,000
New York Avenue Between 11th Street and Nassau Road,
Huntington Station, New York........................ 500,000
North Country Trans. Study Plattsburgh/Watertown, New
York................................................ 2,000,000
North Street Corridor, Fitchburg, Massachusetts......... 800,000
Northern Bypass Around Somerset, Kentucky............... 2,500,000
Old Highway 471, Rankin County, Mississippi............. 1,500,000
Polk County Highway 22 Project, Oregon.................. 3,000,000
Port Connector Road, Pine Bluff/Jefferson County,
Arkansas............................................ 600,000
Railroad Avenue Extension, Berkeley County, South
Carolina............................................ 1,000,000
Ranchero Road/Cajon Line Grade Separation, California... 1,500,000
River Road from Beargrass Creek to Zorn Avenue, Kentucky 1,250,000
Route 1/9, 35 Interchange, New Jersey................... 850,000
Route 106 Mansfield, Massachusetts...................... 500,000
Route 116 planning and design, Amherst, Massachusetts... 800,000
Route 12, Auburn Veteran's Memorial Corridor, Auburn,
Massachusetts....................................... 250,000
Route 2 Improvements in Erving, Orange, Massachusetts... 4,400,000
Route 334/Derr Road, Ohio............................... 1,600,000
Route 422 East, between New Castle and Rose Point,
Pennsylvania........................................ 1,000,000
Route 67, St. Francois County, Missouri................. 500,000
Route 7 Bypass West of Leesburg (Loudon County/Town of
Leesburg), Virginia................................. 2,188,000
Route 72 Relocation, Bristol, Connecticut............... 1,500,000
Route 79 Relocation and Harbor Enhancement, Fall River,
Massachusetts....................................... 500,000
Rt-403 Relocation East Greenwich/North Kingstown, Rhode
Island.............................................. 1,000,000
South Avis Industrial Access Road, Pennsylvania......... 600,000
Southern Bypass Around Somerset, Kentucky............... 1,500,000
Southern Mahoning County US 62/SR 14 Bypass, Ohio....... 1,000,000
SR 247 and SR 2008, Moosic Mountain Business Park,
Lackawanna County, Pennsylvania..................... 1,000,000
SR-130 Right of Way Williamson Guadalupe Travis and
Caldwell, Texas..................................... 10,000,000
State Highway 158--US 87 to 4.75 miles west, Sterling
County, Texas....................................... 850,000
Sterns Road Fox River Bridge Crossing, Illinois......... 7,000,000
STH 29 (Chippewa Falls I-94), between I-94 and CTH J,
Wisconsin........................................... 2,000,000
Sunland Park Dr. Border Rd. Extension, New Mexico....... 4,000,000
Thomas Cole House Access, Catskill, New York............ 22,000
Trunk Highway 23 (TH 71 to CSAH 31), Minnesota.......... 1,000,000
Tuscaloosa Eastern Bypass, Alabama...................... 10,000,000
U.S. 24 Corridor Improvement Study and Implementation,
Ohio................................................ 2,000,000
U.S. 319 Expansion, Florida............................. 3,000,000
U.S. Route 35 Improvements (upgrade road to I-64/US
Route 35), West Virginia............................ 4,115,000
US 17/521 Improvements Georgetown, South Carolina....... 2,000,000
US 20 relocation and right of way, Webster, Iowa........ 2,500,000
US 22 Reconstruction, Export to Delmont, Pennsylvania... 1,000,000
US 278 Cullman County, Alabama.......................... 500,000
US 280/US 27 Intersection Improvement, Chattahoochee
County, Georgia..................................... 250,000
US 41 A, Hopkins County, Kentucky....................... 660,000
US 60 Carter & Butler Counties, Missouri................ 10,000,000
US 87 Relief Route, Lamesa, Texas....................... 850,000
US Route 422 Transportation Improvement Project,
Pennsylvania........................................ 1,000,000
US-23 Buford Hwy Pedestrian Safety Project, Georgia..... 625,000
US-26 Widening SB-Heartland Expressway, Nebraska........ 1,500,000
US-287 Corridor Development, Oklahoma................... 1,500,000
US-287 Wiley Junction Improvements, Colorado............ 3,000,000
US-412, Arkansas........................................ 6,000,000
US-51 to MS-43 Connector Road Canton, Mississippi....... 1,000,000
US-85/C-470 Santa Fe Interchange, Colorado.............. 2,000,000
US-95 Milepost 536 Stage 2 Construction Boundary County,
Idaho............................................... 1,000,000
US-95, Worley to Mica, Stage 2, Idaho................... 7,000,000
USH 10 (Stevens Point-Waupaca), Wisconsin............... 2,000,000
USH 53 Bypass of Eau Claire, Wisconsin.................. 3,000,000
Veteran's Drive from Broadway to I-474, Pekin, Illinois. 500,000
West End Bypass, Johnstown, Pennsylvania................ 1,000,000
West Laredo Multimodal Trade Corridor, Texas............ 3,500,000
Western Hamilton County Corridor Study, Ohio............ 762,500
Whatcom County, Cascade Gateway Mobility and Security
Improvements, Washington............................ 750,000
Whitley County emergency access road off US 25 W.
Kentucky............................................ 380,000
Yakima Grade Separation, Washington..................... 3,500,000
Arkansas-Tennessee River Crossing Projects.--The
conference agreement includes $1,000,000 to study the costs and
benefits of constructing a bridge across the Mississippi River
in the Memphis, Tennessee, metropolitan area. Within the
amounts provided, the conferees expect that not less than
$375,000 shall be used by the Great River Economic Development
Foundation to study a potential 25-mile toll parkway from
Osceola, Arkansas to Millington, Tennessee, including a new
bridge across the Mississippi River.
Transportation and Community and System Pilot Preservation Program
Within the funds made available for the transportation
and community and system pilot preservation program, funds are
to be distributed to the following projects and activities:
Project Name Conference Total
10th Street South Project St. Cloud, Minnesota.......... 750,000
14th Street Bridge Corridor, Virginia................... 2,000,000
19th Ave. North Extension/Reconstruction Clinton, Iowa.. 750,000
Aberdeen Downtown Revitalization, Washington............ 100,000
Alexandria Third St. Downtown Reconnect Project,
Louisiana........................................... 250,000
American Tobacco Trail Project, Wake County, North
Carolina............................................ 600,000
Amsterdam Revitalization Waterfront, New York........... 500,000
Antelope Valley Overpass Lincoln, Nebraska.............. 750,000
Arlington Boulevard design enchancements, Virginia...... 100,000
Atchinson Riverfront Access Parkway Project, Kansas..... 1,000,000
Bagley Road Pedestrian Project Berea, Ohio.............. 1,300,000
Bellingham Central Avenue Pedestrian Corridor,
Washington.......................................... 250,000
Billings Railroad Separation Study, Montana............. 100,000
Boston Medical Center Pedestrian and Public Access
Improvements, Massachusetts......................... 200,000
Bowling Green Riverfront Project, Kentucky.............. 4,500,000
Bronx Center Transportation Project--E 161st Section II:
between Grand Concourse/Sherman Avenue and Park, New
York................................................ 700,000
Bronx Center Transportation Project (East 161st Street),
streetscape improvement between Park & 3rd Avenue,
New York............................................ 300,000
Bronx River Greenway, Bruckner to Hunts Point Riverside
Park, New York...................................... 700,000
CalTrain train tracking information system (SamTrans),
San Mateo County, California........................ 250,000
Camp Gorsuch Road & Related Improvements, Alaska........ 500,000
Campaign to Save Oatland's Scenic Vistas, Virginia...... 500,000
Center City/University City bike and pedestrian bridge
improvements, Philadelphia, Pennsylvania............ 100,000
Centredale Village revitalizations, Rhode Island........ 300,000
Charles Town Gateway Revitalization Project, West
Virginia............................................ 450,000
Charleston Renaissance Gateway Project, West Virginia... 950,000
City of Baltimore public waterfront promenade, Maryland. 1,000,000
City of Forth Worth corridor redevelopment program,
Texas............................................... 795,000
Comprehensive transportation impact study for Ohio,
Kentucky, Indiana Regional Council of Governments... 300,000
Concord 20/20 Vision initiative, New Hampshire.......... 500,000
Congestion improvements to East Passaic Street, New
Jersey.............................................. 100,000
Connaught Avenue Street Drainage Project, West Amwell
Township, New Jersey................................ 100,000
Copeland Covered Bridge, Saratoga County, New York...... 28,000
Corpus Christi Ferry Terminal, Texas.................... 500,000
David L. Lawrence Convention Center Riverfront Park
Pittsburgh, Pennsylvania............................ 1,200,000
Detriot Streetscape Improvements, Michigan.............. 350,000
Detroit Area Regional Transportation Authority (DARTA),
Michigan............................................ 500,000
Dover Lincoln Park Center Project, Delaware............. 400,000
Downeast Heritage Center, Parking & Access, Maine....... 1,000,000
Eisenhower Avenue Greenway Phase II, Virginia........... 100,000
Elkins Railroad Bridge Visitors Center, West Virginia... 600,000
Eugene Federal Courthouse Area Concept Development,
Oregon.............................................. 500,000
Fairbanks Street Improvements & Bike Path, Alaska....... 300,000
Five Point Improvement Project, Huntsville, Alabama..... 400,000
Flandreau Santee Sioux Tribe Bicycle and Walking Path,
South Dakota........................................ 200,000
Fort Campbell Improvements, Kentucky.................... 750,000
Frink Park Pier Project Clayton, New York............... 250,000
Gasholder House and Underground Railroad Museum,
Oberlin, Ohio....................................... 200,000
Girdwood Road Culvery Improvement, Alaska............... 600,000
Grade Separation at intersection of Hamilton Boulevard
over the CSX rail line near US 90, Mobile, Alabama.. 500,000
Grand Illinois Trail bike connections, Illinois......... 100,000
Greater Yuma Port Authority, Arizona.................... 500,000
Greeno Road (US98) pilot program, Fairhope, Alabama..... 1,000,000
Greer Master Plan Rail Relocation Study--Greer, South
Carolina............................................ 250,000
Gulf of Maine Research Laboratory Park/Ped., Maine...... 1,000,000
Haleyville, Alabama downtown revitalization............. 600,000
Hamilton Township Pedestrian Overpass, New Jersey....... 250,000
Highway-79 Corridor Greenway Project, Alabama........... 500,000
Historic Fort Mitchell, Alabama......................... 1,000,000
I-40 and Avenue `F' City Ramp Project, Oklahoma......... 500,000
I-55/Main St. Intersection, Missouri.................... 100,000
I-93 Corridor Improvements, New Hampshire............... 1,000,000
Intermodal Urban Transit Village, North Hollywood,
California.......................................... 1,000,000
James H. Quillen VA Medical Center--Construction of VA-
Indian Ridge Road--Mountain Home, Tennessee......... 852,000
Jasper, Alabama downtown revitalization................. 400,000
Johnsontown Road, Kentucky.............................. 1,000,000
Kansas City East/West Connector, Missouri............... 400,000
Kentucky Trimodal Transpark access road and I-65
interchange connector planning, Kentucky............ 1,700,000
Lewis and Clark Bicentennial Interpretive Trail
Mobridge, South Dakota.............................. 250,000
Lewis and Clark Interpretive Center to Fort Mandan
Shared Use Path, North Dakota....................... 700,000
Living Wall project Farmington Hills, Michigan.......... 200,000
Louisville Waterfront/Franfort Avenue historical
entryway, Kentucky.................................. 530,000
Lower Second Creek Greenway, Knoxville, Tennessee....... 2,000,000
Main Ave. Bridge & Pedestrian/Bicycle Amenities Fargo,
North Dakota........................................ 2,500,000
Marlboro Township traffic improvement project, New
Jersey.............................................. 100,000
Massachusetts Wood in Transportation, Mount Wachusett
Community College, Gardner, Massachusetts........... 200,000
MD-404 Shore Highway Phase II, Maryland................. 1,000,000
Monroe Township intersection signalization project, New
Jersey.............................................. 100,000
Morgan, Menifee, Rowan County Regional Business Park
Access Road, Kentucky............................... 250,000
Multimodal Transportation Plan, Wisconsin............... 325,000
Multi-use Equestrian and Hiking Trail, Holmes County,
Ohio................................................ 520,000
Museum Campus Trolleys Chicago, Illinois................ 500,000
Nashville Rolling Mill Hills, Tennessee................. 500,000
Newberg-Dundee Transportation Improvement Project,
Oregon.............................................. 775,000
Northside Drive Corridor Design Clinton, Mississippi.... 500,000
North-south connect between Glassboro High Street
commercial corridor and Rowan University, New Jersey 588,000
Odessa Transportation Plan, Delaware.................... 100,000
Ohio River Trail--Salem to Downtown Cincinnati, Ohio.... 150,000
Oklahoma Transportation Center Improvements............. 350,000
Old Route 66 Streetscape Phase I Moriarity, New Mexico.. 400,000
Olympic Discovery Trail, Washington..................... 1,000,000
Orange County Congestion Program, California............ 1,000,000
Owensboro Waterfront Development Project, Kentucky...... 750,000
Paintsville Lake Access Road, Kentucky.................. 400,000
Pedestrian Bridge, 36th Avenue, Robbinsdale, Minnesota.. 750,000
Pennyrile Parkway Improvements, Kentucky................ 800,000
Pine Creek Bridge and Rail-Trail, Pennsylvania.......... 200,000
Pine Mountain Industrial Park Access Road, Kentucky..... 1,500,000
Port of Anchorage Road Improvements, Alaska............. 600,000
Providence Road Trail Project Virginia Beach, Virginia.. 150,000
Revere, Massachusetts Wonderland Station................ 200,000
Route 50 traffic calming, Loudoun and Fauquier counties,
Virginia............................................ 700,000
Route 79 Relocation and Harbor Enhancement, Fall River,
Massachusetts....................................... 100,000
Ruffner Mountain Nature Center, Alabama................. 500,000
San Gabriel Valley Council of Governments/LA to Pasedena
Metro Gold Line Construction Authority, California.. 2,900,000
San Luis Obispo City to Sea Bikepath, California........ 500,000
Selma Riverfront Project, Alabama....................... 500,000
Shoreline Interurban Trail Construction Project,
Washington.......................................... 400,000
Simon Kenton Trail, Springfield to Urbana, Ohio......... 1,500,000
Somerset downtown revitalization, Kentucky.............. 1,800,000
Somerset Pedestrian Overpass, Kentucky.................. 1,200,000
South Bend Studebaker Corridor Industrial Park, Indiana. 500,000
South Suburban Commuter Rail Service (Metra), Illinois.. 100,000
Southwick, North Central and Canalside Bike Trails,
Massachusetts....................................... 1,000,000
Springfield Downtown Redevelopment Project, Vermont..... 1,000,000
SR202/I-70 Interchange improvement, Ohio................ 750,000
St. Petersburg, Florida, Bike/Pedestrian Master Plan.... 600,000
State of New Jersey Department of Motor Vehicle Services
(NJ MVS)............................................ 1,000,000
Syracuse Lakefront Project, New York.................... 1,400,000
Thea Foss Waterway Environmental Protection and
Transportation Impact Study, Washington............. 500,000
Tiverton Stone Bridge abutment repairs and
beautification, Rhode Island........................ 100,000
Toulon Township, Illinois............................... 200,000
Tower Bridge Pedestrian/Bikeway Improvements, California 900,000
Traffic calming devices and pedestrian streetscape
improvements, Windemere, Florida.................... 500,000
Traffic Calming Devices, Winter Park, Florida........... 500,000
Traffic Study on the New Smithsonian Air and Space
Museum Annex at Washington Dulles Int'l Airport,
Virginia............................................ 50,000
Trinity River Visions, Texas............................ 500,000
Tulsa Trail System Broken Arrow, Oklahoma............... 1,250,000
Ulster County Visitor Center, New York.................. 1,000,000
Union City NJ Traffic Signalization Project, New Jersey. 1,000,000
US 441/State Road 7 Corridor Revitalization Plan,
Florida............................................. 1,000,000
US-50 Reconstruction Dodge City, Kansas................. 500,000
VA Cemetary Road, Mobile, Alabama....................... 1,000,000
Vanderbilt Children's Hospital, Tennessee............... 250,000
Village of Morton Grove, Illinois....................... 1,000,000
Virginia Corridor Greenway Pilot Project Modesto,
California.......................................... 400,000
Wakulla County Florida US-319 Expansion................. 150,000
Watertown Community Trail Extension, South Dakota....... 100,000
Wichita Riverwalk on Arkansas River, Kansas............. 687,000
Yorktown Waterfront Revitalization & Streetscape,
Virginia............................................ 500,000
Charles Town Gateway Revitalization Project, WV.--The
conference agreement includes $400,000 for the Charles Town
Gateway Revitalization Project in West Virginia. Within the
amounts provided, the conferees expect that up to $200,000
shall be available for streetscape improvements on Washington
Street with the remainder being available for the related
gateway improvements.
Bridge Discretionary Program
Within the funds available for the bridge discretionary
program, funds are to be available for the following projects
and activities:
Project Name Conference Total
12th Street Viaduct, Kansas City, Missouri.............. $ 900,000
Batchellerville Bridge replacement, New York............ 3,000,000
Bull Slough Bridge Repair, Alabama...................... 1,000,000
Canvas Bridge Nicholas County, West Virginia............ 4,500,000
Chattahoochee River Bridge, Roswell, Georgia............ 3,000,000
Chouteau Bridge, Kansas City, Missouri.................. 1,000,000
City of El Paso, Texas, Ysleta Port of entry dedicated
commuter lane....................................... 300,000
Covered Bridges including $2M for Vermont............... 6,000,000
CR 528 Mantoloking Bridge, Brick Township, New Jersey... 1,500,000
Gilmerton Bridge Replacement, Chesapeake, Virginia...... 2,000,000
Golden Gate Bridge Seismic Retrofit, San Francisco,
California.......................................... 4,250,000
Grand Lagoon Bridge Replacement, Florida................ 1,000,000
Highway 3364 bridge replacement at College Road, Bourbon
County, Kentucky.................................... 200,000
Highway 82, Greenville Bridge, Arkansas................. 1,050,000
Historic Woodrow Wilson Bridge Flowood, Mississippi..... 750,000
Hood River/White Salmon Bridge and toll plaza
resurfacing, Oregon................................. 1,350,000
I-195 Washington Bridge, Rhode Island................... 4,500,000
I-30 replacement bridge, Dallas, Texas.................. 1,750,000
I-40/Louisiana Interchange, New Mexico.................. 750,000
Indian River Inlet Bridge Repair and Planning, Sussex
County, Delaware.................................... 3,500,000
Interstate 74 Mississippi River Bridge between Moline,
Illinois and Bettendorf, Iowa....................... 1,000,000
Iowa/Nebraska Missouri River Bridge--#DPS-34-7 (114),
near Plattsmouth, Nebraska.......................... 2,200,000
Leeville Bridge, Lafourche Parish, Louisiana............ 1,000,000
Lincoln County bridge renovation, Kentucky.............. 1,000,000
Martin Luther King, Jr. Bridge rehabilitation, Ohio..... 3,750,000
Monroe Street Bridge rehabilitation, Spokane, Washington 3,000,000
Pearl Harbor Memorial Bridge Reconstruction, New Haven,
Connecticut......................................... 3,000,000
Pearl River Bridge Connector I-55 to SR 475 Jackson,
Mississippi......................................... 7,750,000
Red Cliff Arch Bridge (US 24), Minturn, Colorado........ 1,500,000
Route 72 Manahawkin Bay Bridges, New Jersey............. 1,500,000
Sauvie Island Bridge Replacement Project, Oregon........ 2,000,000
Snake River Crossing, Twin Falls, Idaho................. 1,500,000
Wacker Drive Reconstruction Chicago, Illinois........... 3,500,000
Federal Lands
Within the funds available for the federal lands program,
funds are to be available for the following projects and
activities:
Project Name Conference Total
KS-115 and KS-911 Interchange, Kentucky................. $750,000
14th Street Bridge Corridor, Virginia................... 5,600,000
17-mile Road on Wind River Indian Reservation, Fremont
County, Wyoming..................................... 650,000
206 Stokes State Park, New Jersey....................... 740,000
Abraham Lincoln's birthplace, national historic site,
Kentucky............................................ 780,000
Access roads to Beale Air Force Base, California........ 500,000
Arches National Park Main Entrance Relocation, Utah..... 837,500
BIA Route 1281 (Snake Road Realignment & Repair),
Florida............................................. 500,000
Blackstone River Valley Bikeway, Rhode Island........... 3,000,000
Cattle Point Road (San Juan Island)--erosion
remediation, Washington............................. 350,000
Chilatchee Creek Park Access Road Improvements, Alabama. 475,000
City of Boston--Boston Harbor Islands National Park/Long
Island Pier Planning and design, Massachusetts...... 250,000
CN3852 FHP 45-1(5), Sunspot Road, New Mexico............ 1,000,000
Cold Hill Road, Laurel County, Kentucky................. 1,600,000
Colonial Historic Park--Jamestown 400th Anniversary
Transportation Improvements, Virginia............... 2,000,000
Construct Regional Tourism Center and Transportation
Hub, Hyde Park, New York............................ 1,500,000
Council Grove Lake Embankment Roadway, Kansas........... 1,125,000
CTG G Road and Bike Route, Taylor County, Wisconsin..... 2,000,000
Daniel Boone Parkway, Kentucky.......................... 1,000,000
Forest Highway 87 (FM 201), Sabine National Forest,
Sabine County, Texas................................ 750,000
Fort Drum Road Improvements, New York................... 500,000
Freemont County Project, Wyoming........................ 1,100,000
Frog Level Road Improvement, Mississippi................ 4,640,000
Gateway Trail Grand Canyon National Park, Arizona....... 842,500
GBH Soloman National Cemetery Access, Saratoga, New York 40,000
Glacier National Park Going-to-the-Sun Road, Montana.... 3,000,000
Hawaii Statewide Improvements........................... 4,000,000
Highway 26, Oregon...................................... 1,235,000
Highway 93 Expansion Project, Montana................... 1,000,000
Homochitto National Forest access road, Lincoln County,
Mississippi......................................... 2,000,000
Hoonah Road (FM), Alaska................................ 1,400,000
Hoover Dam Bypass, Arizona.............................. 6,500,000
Hwy 2 Highline EIS Project, Montana..................... 500,000
I-215 Widening, Nevada.................................. 2,000,000
Iditarod Historic National Trail Project, Alaska........ 250,000
Kenai River Trail, Alaska............................... 500,000
Lake Mead National Recreation Area gateway improvements,
Nevada.............................................. 400,000
Land Between the Lakes Roads, Trigg and Lyon counties,
Kentucky............................................ 100,000
Lewis and Clark Gates of the Mountains Road Project,
Montana............................................. 600,000
Louisiana Highway (LA 117), 4-lane expansion study,
Louisiana........................................... 250,000
Lowell Canalway and Riverwalk Design, Massachusetts..... 500,000
Mammoth Cave Parkway (KY 101), Edmonson County, Kentucky 450,000
Marin Parklands/Muir Woods visitor access, California... 1,000,000
Marysville Road, Montana................................ 500,000
Needles Highway, CA/NV Improvements, California......... 2,000,000
Presidio Trust/Crissy Field transit access improvement,
California.......................................... 1,000,000
Preston North and South Project, Nebraska............... 600,000
Rocks Back Country Byway, Stage 2, Cassia County, Idaho. 1,000,000
Shotgun Cove Road, Alaska............................... 2,500,000
Southeast Alaska Seatrails.............................. 500,000
Spirit Lake Tribe Shared Use Path Fort Totten, North
Dakota.............................................. 520,000
SR-149 Resurfacing Rio Grande National Forest, Colorado. 1,500,000
SR-164 Muckleshoots, Washington......................... 420,000
Timucuan Preserve bike route, Florida................... 1,000,000
Traffic abatement study at highway 98 and entrance to
Hurlbert Field, Florida............................. 250,000
Tualatin River NWR Turn Lanes, Oregon................... 745,000
US 95 Widening Laughlin Cut-off to Railroad Pass, Nevada 8,000,000
USMC Heritage Center Access Improvements, Virginia...... 2,000,000
Western Maryland Low Impact Welcome Center at Byron
Overlook, Maryland.................................. 400,000
Woonsocket Depot rehabilitation, Rhode Island........... 1,000,000
Yakama Signal Peak Road, Washington..................... 4,150,000
The conferees direct that funds allocated to FHWA's
public lands discretionary program be derived from that program
and not from funds allocated to the National Park Service's
regions. In addition, the conferees direct that these funds not
come from funds allocated to the Fish and Wildlife Service's
regions, as proposed by the House.
Scenic Byways
Within the funds available for the scenic byways program,
funds are to be available for the following projects and
activities:
Berkshire/Franklin Mohawk Trail Scenic Byway & Berkshire
Jacobs Ladder Trail Scenic Byway, Massachusetts..... $1,000,000
Delsea Scenic Byway--Salem, Cumberland, Cape May
Counties, New Jersey................................ 149,000
High Street Revitalization, Lawrenceburg, Indiana....... 1,200,000
Intervale Scenic Vista Project, New Hampshire........... 500,000
Kentucky Scenic Byways.................................. 1,425,000
Mt. Greylock Reservoir Road Improvements, North Adams,
Massachusetts....................................... 1,100,000
Multi-Colored Scenic Byways Signs for Idaho's Scenic,
Historic, and Back County Byways.................... 382,000
New York State Scenic Byways Project: Statewide......... 1,600,000
U.S. Route 40 and National Road, Garrett County,
Maryland............................................ 233,600
Ventura Freeway Scenic Corridor Initiative, California.. 1,000,000
Washington DOT Scenic Byways Statewide Program.......... 1,000,000
Interstate Maintenance Discretionary
Within the funds available for the interstate maintenance
discretionary program, funds are to be available for the
following projects and activities:
Project Name Conference Total
Grandview Triangle, Kansas City, Missouri............... $1,000,000
I-10 Interchange at Grand Prairie Highway, Rayne,
Louisiana........................................... 1,000,000
I-10 Riverside Avenue Interchange, California........... 1,800,000
1-12 at Essen Lane, Louisiana........................... 250,000
I-15 Reconstruction 10800 South to 600 North, Utah...... 9,000,000
I-16 and Dean Forest Road Interchange, Georgia.......... 250,000
I-16/I-95 Interchange Reconstruction Concept Study,
Chatham County Georgia.............................. 250,000
I-182/SR-240 Interchange Reconstruction, Washington..... 3,000,000
I-195 Relocation Project, Rhode Island.................. 3,000,000
I-235 Reconstruction, Polk County, Iowa................. 1,800,000
I-25 Broadway & Alameda Interchange Rebuilding, Colorado 4,500,000
I-26 Little Mountain Interchange improvements, South
Carolina............................................ 500,000
I-29 Madison Street interchange, Sioux Falls, South
Dakota.............................................. 4,000,000
1-295 & Route 38 Missing Moves--Mount Laurel, New Jersey 250,000
I-295 Via Duct to I-76, New Jersey...................... 1,000,000
I-30/I-35 Dallas Construction of Bridges for Trinity
River, Texas........................................ 5,000,000
I-35/Turkey Creek Reconstruction Project, Kansas........ 3,000,000
I-40 and Paseo del Volcan Interchange and Access Road to
Double Eagle II, Albuquerque, New Mexico............ 2,075,000
I-44 & US 65 Interchange, Missouri...................... 2,000,000
I-44 Fenton Industrial Corridor--Fenton, Missouri....... 250,000
I-44 Interchanges at SH-51 and US-169, Tulsa, Oklahoma.. 750,000
1-49 North to the Arkansas Line (Access Improvements to
I-220 @ US 71/LA1 & LA 172), Louisiana.............. 1,000,000
I-55/US-49 Flyover Near Jackson, MS..................... 5,000,000
I-64, Vanderburgh and Posey counties, Indiana........... 1,000,000
I-69/SR 304 (construction Odom Road to I-55),
Mississippi......................................... 2,000,000
I-74 Reconstruction, Mississippi River Bridge
Replacement, Scott County, Iowa..................... 950,000
I-75 Exits 49 and 52, McMinn County, Tennessee.......... 500,000
I-75 Improvements South West Florida.................... 1,125,000
I-75, Rockcastle County, Kentucky....................... 6,000,000
I-77/Shuffel Road interchange, Canton, Ohio............. 1,500,000
I-80 Truck Climbing Lane--Reno, Nevada.................. 500,000
I-81--Exit 44 Interchange/PA 465 Improvements--
Cumberland County, PA............................... 250,000
I-81 Interchange, Syracuse, New York.................... 1,500,000
I-84/Exit 17 at Routes 63 and 64, Middlebury/Waterbury,
Connecticut......................................... 1,000,000
I-84/I-87 Interchange, New York......................... 1,500,000
I-84/Route 2 East Hartford, operational improvements,
Connecticut (flyover access)........................ 750,000
I-90 Joint Port of Entry Project, Wyoming............... 2,000,000
I-90 two-way transit operations, Washington............. 750,000
Interstate 40: Mississippi River Bridge Seismic
Retrofit, Arkansas.................................. 900,000
Interstate 5, Rush Road to Maytown widening, Washington. 1,000,000
Interstate 5, Salem, Oregon (Boone Road Bridge
replacement......................................... 800,000
Interstate Highway 30 in Texarkana from FM 989 (Kings
Highway) in Bowie County, Texas, to the Arkansas
state line (US71)................................... 1,000,000
Interstate Highway 35 perpetual pavement testing
section, LaSalle County, Texas...................... 1,000,000
Interstate Highway 45 frontage road and ramp system
improvements, Huntsville, Texas..................... 1,000,000
Laval Road Interchange Upgrade at I-5, California....... 750,000
Louisville-Southern Indiana Ohio River Bridges Project,
Kentucky............................................ 5,000,000
Marquette Interchange Reconstruction, Milwaukee,
Wisconsin........................................... 4,500,000
New York State Thruway Authority, Westchester County,
Bryam Bridge rehabilitation & pavement
reconstruction, New York............................ 1,000,000
Reconstruction of I-95/I-91/CT 34 Interchange, New
Haven, Connecticut (Pearl Harbor Memorial Bridge--I-
95 New Haven East Approach to Q-Bridge)............. 1,500,000
Rehabilitation of I-20, Erath, Palo, Pinto, and Parker
counties, Texas..................................... 3,350,000
Right of way acquisition, Paterson, New Jersey
interchange improvements............................ 200,000
State Route 79/SR 3025 missing ramps, Jackson Township,
Pennsylvania........................................ 500,000
SW First-NW Lake Road Project, Washington............... 3,000,000
US-12 Burbank to Walla Walla, Washington................ 2,500,000
Bureau of Transportation Statistics
The conferees provide $31,000,000 for the Bureau of
Transportation Statistics. Under the FHWA appropriations, the
accompanying bill provides $31,000,000 for the Bureau of
Transportation Statistics (BTS), the amount authorized in TEA-
21. The conferees note that BTS has undergone significant
increases in staffing since 1993, the year BTS was established.
In fiscal year 1993, on-board positions totaled 5; in 2001,
total staff stood at 101; and BTS estimates on-board staff to
total 146 by the end of 2002. In fiscal year 2003, BTS requests
a level of 157 full-time positions (FTP). The conferees are
very concerned about these staff increases, particularly when
the staffing level has exceeded the Administration's request to
Congress. Therefore, the conference committee directs BTS to
fill no more than 146 full-time positions, or if lower, the
number of on-board positions upon enactment of this Act.
Federal-Aid Highways
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The conference agreement provides a liquidating cash
appropriation of $32,000,000,000 for the federal-aid highways
program as proposed by the Senate.
Appalachian Development Highway System
The conference agreement provides $188,000,000 for the
Appalachian Development Highway System (ADHS) instead of
$200,000,000 as proposed by the Senate and $100,000,000 as
proposed by the House. Within the amount provided, $88,000,000
shall be allocated in accordance with the ADHS most recent
cost-to-complete study and the remaining $100,000,000 shall be
allocated as follows: $35,000,000 for Kentucky Corridors;
$5,000,000 for Tennessee Corridor S; $8,000,000 for Tennessee
Corridor K; $2,000,000 for Corridor V, Mississippi; $20,000,000
for West Virginia Corridors; and $30,000,000 for Alabama
Corridor X.
Federal-Aid Highways
(RESCISSIONS)
The conference agreement includes a rescission of
$5,609,337 of funds in unobligated balances associated with
completed projects contained in prior appropriations and
authorizing Acts, as proposed by the House. In addition,
$250,000,000 of contract authority balances from the five core
programs are rescinded. These resources can not be obligated by
the states as they were apportioned at levels over and above
annual statutory obligation limitations. The conferees direct
FHWA not to rescind the authority on a proportional basis by
program and instead to administer the rescission by allowing
each state maximum flexibility among the five programs in
making these adjustments.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Motor Carrier Safety
Limitation on Administrative Expenses
(HIGHWAY TRUST FUND)
The conference agreement includes $117,464,000 for
administrative expenses of the Federal Motor Carrier Safety
Administration under the FMCSA limitation on administrative
expenses account, as proposed by the Senate. Of the funds
provided, $110,464,000 is for operating expenses and $7,000,000
is for research and technology initiatives. The following
adjustments are made to the budget request:
FECA administrative costs............................... -$20,000
Hazardous materials safety and security................. +500,000
Share the road safely................................... -100,000
Safety is good business program......................... -250,000
Research and technology information dissemination....... -150,000
Undistributed reduction................................. -500,000
FECA administrative costs.--The conference agreement
denies $20,000 for FECA administrative costs, as proposed by
the House.
Share the road program.--Statistics for 1999 show that 78
percent of all fatal truck crashes are collisions between large
trucks and other vehicles. Data from 1998 indicate that
approximately 81 percent of all large truck and other vehicle
fatal crashes are the result of action initiated by passenger
vehicle drivers. The conferees believe that the share the road
program needs to be retargeted and broader than its main
campaign that focused on warning noncommercial drivers to avoid
truck blind spots. The conferees provide $100,000 for FMCSA's
share the road program and encourage the agency to coordinate
its share the road efforts with NHTSA, as proposed by the
Senate. Further, the conferees direct the General Accounting
Office to evaluate the effectiveness of the share the road
program, make recommendations to strengthen the program, and
submit the study to the House and Senate Committees on
Appropriations by July 15, 2003, as proposed by the House.
Commercial drivers license program.-- The conference
agreement retains language recommending that more work needs to
be done to address deficiencies in the CDL program. As proposed
by the House, within the funds provided for the CDL program,
FMCSA should continue working with the American Association of
Motor Vehicle Administrators, the Commercial Vehicle Safety
Alliance, lead MCSAP agencies and licensing agencies to improve
all aspects of the CDL program. In addition, FMCSA should
consider sponsoring another pilot project involving law
enforcement and driver licensing agencies to explore new and
innovative ways to ensure that drivers who have been convicted
of a disqualifying offense do not operate during the period of
suspension or revocation. Finally, FMCSA should continue to
support the judicial and prosecutorial outreach effort.
Furthermore, as proposed by the Senate, the conferees
encourage FMCSA to adopt a CDL-related standard that includes
monitoring, consistent with OIG recommendations in the menu of
oversight activities for state and third-party CDL examiners.
Untethered truck trailer tracking and security.--The
conference agreement has provided $2,000,000 to leverage
existing technology and develop an untethered trailer tracking
and control system that will provide real-time trailer
identification, location, geofensing, unscheduled movement
notification, door sensors, and alarms, as proposed by the
House.
Solid waste shippers.--The conferees direct the FMCSA to
work with the Commonwealth of Virginia's MCSAP agency to
conduct 3 one-day concentrated roadside inspection strike
forces on interstate waste haulers. The results shall be
compiled in a letter submitted to the House and Senate
Committees on Appropriations by September 31, 2003.
Crash causation study.--The conference agreement includes
language proposed by the Senate urging FMCSA to make available
the preliminary results of the crash causation study as soon as
a representative data set is analyzed and to submit a letter to
the House and Senate Committees on Appropriations by May 15,
2003, indicating the study's progress, the response to and
status of the Transportation Research Board's recommendations,
and a time schedule for the release of the initial results. In
addition, the conferees direct NHTSA to request that the
Centers for Disease Control's National Center for Injury
Prevention and Control evaluate the adequacy of the crash
causation research design. CDC's evaluation is to be provided
to the House and Senate Committees on Appropriations.
Hazardous materials transportation.--The conference
agreement includes an additional $500,000 above the budget
request for hazardous materials safety and security, as
proposed by both the House and the Senate. The conferees urge
FMCSA to enforce compliance with Federal hazardous materials
regulations and to encourage states to use the motor carrier
safety assistance program for hazardous materials safety and
security research. In addition, the conferees recommend that
FMCSA develop innovative strategies to minimize the risks of
transporting hazardous materials.
``Safety is Good Business'' Program.--The conferees have
deleted funding for the Safety is Good Business program from
the Motor Carrier Safety Account, as proposed by the Senate.
The conferees believe that this funding should come from
FMCSA's high priority initiative program within the Motor
Carrier Safety Assistance Program.
Younger driver pilot program.--The conference agreement
includes language as proposed by the Senate directing the FMCSA
administrator to conduct an analysis of the safety
ramifications associated with the younger driver pilot program.
The conferees include a provision, as proposed by the House,
prohibiting the DOT from implementing a pilot program allowing
commercial drivers 18 to 20 years of age to operate commercial
motor vehicles in interstate commerce. This provision does not
prohibit FMCSA from studying the younger driver pilot program;
the prohibition only applies to the development or
implementation of such a program.
Driver record improvements.--The conferees include
language as proposed by the Senate regarding improvements to
the issuance or renewal of a motor vehicle operator's license.
The conferees direct NHTSA and FMCSA to conduct an analysis of
the costs associated with the development of the one driver,
one record pointer system and the steps necessary for
implementation, and to report its findings to the House and
Senate Committees on Appropriations by August 1, 2003.
Driver research.--Within the funds provided for research
and technology, the conference agreement provides $700,000 for
the Transportation Research Institute at the George Washington
University Virginia campus, as proposed by the Senate. The
conferees also provide $250,000 to initiate a separate
multidisciplinary driver research program, as proposed by the
Senate.
National Motor Carrier Safety Program
(Liquidation of Contract Authorization)
(HIGHWAY TRUST FUND)
The conference agreement provides a liquidating cash
appropriation of $190,000,000 for the national motor carrier
safety program as proposed by the House and the Senate.
(LIMITATION ON OBLIGATIONS)
The conference agreement includes a limitation on
obligations of $190,000,000 for motor carrier safety grants as
proposed by the House and the Senate.
Truck driver training program.--Within the funds provided
for FMCSA's high priority initiative program, the conference
agreement provides $700,000 for the development of a concrete
skid pad at Lewis-Clark State College North Lewiston Training
Facility.
Highway watch program.--The Senate proposed funding
$1,000,000 for the continuation of the Highway Watch program.
The conference agreement denies this funding.
Operation respond.--Also within funds provided for
FMCSA's high priority initiative program, the conference
agreement provides $1,000,000 to design, build and demonstrate
the benefits of a hazardous materials incident detection,
management, and response system, including the expansion of the
Operation Respond network. The conferees urge that these funds
be used to establish a national first responders emergency
services network and to accelerate deployment of Operation
Respond software.
Border Enforcement Program
(HIGHWAY TRUST FUND)
The conference agreement provides a total of $59,967,000
for the Border Enforcement program under the Federal Highway
Administration's 104(a)(1)(A) administrative takedown, as
proposed by the Senate. Within this amount, the conferees
provide $41,967,000 for Federal border enforcement staffing and
operations and $18,000,000 for state operations grants to the
southern border states, as proposed by both the House and the
Senate.
U.S. Southern border.--The conference agreement extends a
provision from the fiscal year 2002 appropriations Act
regarding the safety of cross-border trucking between the
United States and Mexico. Further, the conferees direct the
Secretary to report annually on the safety and security of the
U.S. Southern border with regard to motor carrier
transportation into the U.S. by Mexican-domiciled motor
carriers.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
The conference agreement provides $138,288,000 from the
general fund for highway and traffic safety activities instead
of $131,433,000 as proposed by the House and $141,000,000 as
proposed by the Senate. A total of $98,161,131 shall remain
available until September 30, 2005 as proposed by the House and
the Senate.
The agreement includes a provision carried since fiscal
year 1996 that prohibits NHTSA from obligating or expending
funds to plan, finalize, or implement any rulemakings that
would add requirements pertaining to tire grading standards
that are not related to safety performance. This provision was
contained in both the House and Senate bills.
Operations and Research
(Liquidation of Contract Authorization)
(Limitation on Obligations)
(Highway Trust Fund)
The conference agreement provides $72,000,000 from the
highway trust fund to carry out provisions of 23 U.S.C. 403 as
proposed by both the House and the Senate.
The following table summarizes the conference agreement
for operations and research (general fund and highway trust
fund combined) by budget activity:
Salaries and benefits................................... $63,316,000
Travel.................................................. 1,324,000
Operating expenses...................................... 22,834,000
Contract programs:
Safety performance.................................. 10,393,000
Safety assurance.................................... 15,760,000
Highway safety programs............................. 48,463,000
Research and analysis............................... 60,691,000
General administration.............................. 657,000
Grant administration reimbursements..................... -11,150,000
--------------------------------------------------------
____________________________________________________
Total............................................. $212,288,000
FECA administrative costs.--The conference agreement
deletes $12,000 proposed in the budget for FECA administrative
costs. This action is consistent across all modal
administrations.
Workforce planning and development activities.--The
conference agreement provides a total of $300,000 for workforce
planning and development activities as proposed by the Senate
in its explanatory language delineated in the Congressional
Record of January 15, 2003. This is a reduction of $115,000
from the budget request.
Contracting procedures.--The conferees urge NHTSA to
review its contracting procedures and take appropriate steps to
eliminate unnecessary delays. Too often, contract recipients
have had to wait for several months before Federal funds are
granted after a contract is awarded.
National occupant protection program.--The conference
agreement provides $3,000,000 above the budget request to
bolster the national occupant protection program. The
additional funds shall be used to continue outreach activities
to increase seat belt use by minority populations, teens, and
rural populations.
Passenger vehicle tire traction.--The conferees encourage
NHTSA to include standards for tire performance on wet road
surfaces when the agency prepares its final rule on tire safety
performance, as discussed in the Senate's explanatory
statement. Absent such inclusion, NHTSA shall send a letter to
the House and Senate Committees on Appropriations explaining
why wet road tire performance standards were not included.
Ejection prevention measures.--NHTSA has identified both
occupant ejection and upgraded roof crush resistance as ``near
term'' regulatory priorities that the agency plans to undertake
in 2003. Consistent with this proposal, the conferees support
the adoption of measures to improve ejection prevention
performance of motor vehicles no later than December 31, 2004,
and recognize that the agency may need to develop new test
procedures.
Early warning reporting system.--The conferees direct
NHTSA to submit a report to the House and Senate Committees on
Appropriations detailing the methods the agency will adopt to
ensure that all tires imported and sold in the United States
comply with the early warning report system, as outlined in
NHTSA's final regulations. This report should be issued by July
1, 2003.
Defects information system.--The Inspector General raised
concerns about whether the new defects information system can
be successfully implemented on time and within the estimated
$5,000,000 budget. Since the issuance of this report, NHTSA has
concurred with the IG's concerns. The conferees direct NHTSA to
provide a letter to the House and Senate Committees on
Appropriations that details the current schedule and cost
estimate for this system, explain any cost increases, and
indicate how these new costs will be paid for.
Impaired driving.--The conference agreement provides
$4,000,000 above the budget request for the impaired driving
program. Of this total: $1,000,000 shall be used for judicial
and prosecutorial initiatives; $2,000,000 shall be used on the
repeat offender tracking model; and $1,000,000 shall be used on
target population outreach efforts.
Within the funding provided for judicial and
prosecutorial outreach, NHTSA, in conjunction with the Attorney
General, should identify and report on the best strategies for
reducing obstacles to obtaining impaired driving convictions
and strategies to help prosecutors and judges apply sanctions
in a consistent manner. The report should also emphasize
strategies to reduce plea bargaining, diversion, or deferral
programs, and other means used by offenders to avoid any
permanent record. This report must be submitted to the House
and Senate Committees on Appropriations by October 1, 2003.
NHTSA shall detail to the House and Senate Committees on
Appropriations, in letter format, the concept behind the repeat
offender tracking model, the total cost to develop the model,
the anticipated yearly costs to enact the model, and the
schedule to develop and enact this program. NHTSA should
develop this model with input from the states and the highway
safety community.
As part of the impaired driving program, the conferees
suggest that NHTSA evaluate point of sales training as proposed
by the House.
Alcohol ignition interlock devices.--The conferees have
not provided any funding for research to advance the alcohol
ignition interlock devices proposed by the Senate.
Drugs, driving and youth.--The conference agreement funds
the drugs, driving and youth program at the 2003 budget request
as proposed by the House.
Motorcycles.--A total of $945,000 has been provided for
motorcycle programs, an increase of $300,000 above the budget
request. This additional funding shall be used for strategies
to enhance motorcycle rider's crash avoidance skills and
improve conspicuity. In addition, as directed by the House,
$500,000 shall be used for demonstration projects related to
motorcycle training.
Crash causation study.--The conferees have included
$2,000,000 to update a 23-year-old crash causation study, as
proposed by the House.
Highway safety data and traffic records.--The conference
agreement does not provide funding for NHTSA to continue
working with the states to improve highway safety data and
traffic records, similar to activities funded previously under
the section 411 grant program. The conferees understand the
agency has carryover funding available for these efforts from
other grant programs, such as section 410.
Emergency medical services head injury research.--A total
of $2,189,000 has been provided for emergency medical services.
Of this amount, $750,000 shall be used to continue training
emergency medical service personnel in delivering prehospital
care to patients with traumatic brain injuries.
Biomechanics.--The conference agreement provides a total
of $14,950,000 for biomechanics research, $1,000,000 more than
the budget request, to continue research of the CIREN program.
Also, within the funds provided, $2,000,000 shall be used to
continue research related to traumatic brain and spinal cord
injuries at the Southern Consortium for Injury Biomechanics.
National Automotive Sampling System.--The conference
agreement has provided $795,000 above the budget request so
that NHTSA can expand the National Automotive Sampling System
database with a particular focus on child safety seat and tire-
related data, as proposed by the Senate.
Built-in child booster systems.--The conference agreement
does not include funding, proposed by the Senate, to study the
effectiveness of built-in child booster systems with other
systems. The built-in technology is not advanced enough to
warrant a study at this time.
Heavy vehicle research.--Within the funds provided for
heavy vehicle research, $500,000 is for the National
Transportation Research Center in Tennessee to continue to
conduct broad-based laboratory-to-roadside research in heavy
vehicle safety issues.
Pneumatic tire research.--The conference agreement
includes $375,000 in the pneumatic tire program for Mercer
Engineering Research Center, as proposed in the Senate's
explanatory statement of January 15, 2003.
National Driver Register
(HIGHWAY TRUST FUND)
The conference agreement provides $2,000,000 for the
National Driver Register as proposed by both the House and the
Senate.
Highway Traffic Safety Grants
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The conference agreement provides $225,000,000 to
liquidate contract authorizations for highway traffic safety
grants, as proposed by both the House and the Senate.
Highway Traffic Safety Grants
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement limits obligations for highway
traffic safety grants to $225,000,000 as proposed by both the
House and the Senate. The bill includes separate obligation
limitations with the following funding allocations:
Highway safety programs................................. $165,000,000
Occupant protection incentive grants.................... $20,000,000
Alcohol incentive grants................................ $40,000,000
A total of $11,150,000 has been provided for
administration of the grant programs as proposed by both the
House and the Senate. Of this total, not more than $8,150,000
of the funds made available for section 402; not more than
$1,000,000 of the funds made available for section 405; and not
more than $2,000,000 of the funds made available for section
410 shall be available to NHTSA for administering highway
safety grants under chapter 4 of title 23. This language is
necessary to ensure that each grant program does not contribute
more than five percent of the total administrative costs.
The conference agreement retains bill language, proposed
by both the House and Senate, that limits technical assistance
to states from section 410 to $500,000.
The conference agreement prohibits the use of funds for
construction, rehabilitation or remodeling costs, or for office
furnishings and fixtures for state, local, or private buildings
or structures, as proposed by both the House and the Senate.
FEDERAL RAILROAD ADMINISTRATION
Safety and Operations
The conference agreement provides $117,363,000 for safety
and operations as proposed by the House instead of $118,264,000
as proposed by the Senate. Within this total, the conferees
have funded four new positions. The conference agreement
includes language that permits $6,636,000 of the total funding
to remain available until expended as proposed by both the
House and the Senate.
FECA administrative costs.--The conference agreement
deletes $65,000 proposed in the budget for FECA administrative
costs. This action is consistent across all modal
administrations.
Study on grade crossings.--As directed by the Senate in
its explanatory statement in the Congressional Record of
January 15, 2003, the Secretary of Transportation shall submit
with the fiscal year 2005 budget request an action plan
outlining specific efforts to be pursued by FRA, FHWA, FMCSA,
NHTSA, and the ITS Joint Program Office to improve safety at
both public and private grade crossings.
Positive train control.--The conferees direct FRA to
submit an updated economic analysis of the costs and benefits
of positive train control and related systems that takes into
account advances in technology and system savings to carriers
and shippers as well as other cost savings related to
prioritized deployment of these systems, as proposed by the
Senate. This analysis must be submitted as a letter report to
the House and Senate Committees on Appropriations by October 1,
2003.
Safety assurance and compliance program (SACP).--By April
1, 2003, FRA must provide a status report on the utilization of
the safety assurance and compliance program, which summarizes
the SACP activities in fiscal year 2002 and the agency's audit
plans for fiscal year 2003 as proposed by the Senate.
Railroad threat assessment.--The conferees are concerned
over the targeting of railroad facilities, structures,
terminals and operations posed by terrorist entities and urge
the FRA to work with the new Department of Homeland Security
and the Association of American Railroads to develop a
comprehensive assessment of the threats and vulnerabilities
nationwide, and identify ways to enhance passenger safety and
infrastructure protection.
Railroad Research and Development
The conference agreement provides $29,325,000 for
railroad research and development as proposed by the Senate
instead of $27,325,000 as proposed by the House. None of this
funding is to be offset from user fees.
Integrated railway remote information service.--The
conference agreement does not provide any funding for the
integrated railway remote information service proposed by the
Senate. Last year funding was provided for this program;
however, FRA was directed to evaluate this initiative before
additional funding was provided. To date, no evaluation has
been conducted.
Marshall University/University of Nebraska.--The
conference agreement includes $1,400,000 to support Marshall
University and the University of Nebraska to conduct safety
studies in any of the following areas: track and structures,
human factors, equipment, train control, grade crossing and
digital communications.
Transportation Technology Center.--The conference
agreement provides a total of $675,000 for site improvements at
the Transportation Technology Center, as proposed by the House.
Freight congestion study.--The conferees direct FRA to
work with the Chicago Transportation Coordination Office and
communities in the Chicago region consistent with the Senate's
explanatory statement of January 15, 2003. Reports must be
submitted quarterly to the House and Senate Committees on
Appropriations.
Railroad Rehabilitation and Improvement Program
The conference agreement includes a provision, proposed
by both the House and the Senate, specifying that no new direct
loans or loan guarantee commitments shall be made using federal
funds for the payment of any credit premium amounts during
fiscal year 2003. No federal appropriation is required since a
non-federal infrastructure partner may contribute the subsidy
amount required by the Credit Reform Act of 1990 in the form of
a credit risk premium. Once received, statutorily established
investigation charges are immediately available for appraisals
and necessary determinations and findings.
The conference agreement includes a further provision
mandating that no payment of principal or interest shall be
collected during fiscal year 2003 for the direct loan made to
the National Railroad Passenger Corporation.
Next Generation High-Speed Rail
The conference agreement provides $30,450,000 for the
next generation high-speed rail program as proposed by the
House instead of $30,000,000 as proposed by the Senate. The
following table summarizes the conference agreement by
budgetary activity:
Train control systems................................... $6,500,000
Non-electric locomotives................................ 9,300,000
ALPS................................................ (1,800,000)
Prototype locomotive................................ (3,000,000)
Diesel multiple units compliance and demonstration.. (4,000,000)
Grade crossings and innovative technologies: 3,250,000
N.C. sealed corridor................................ (500,000)
Illinois rail grade crossing safety program......... (500,000)
State of Vermont hazard elimination................. (250,000)
Mitigating hazards and low-cost technologies........ (2,000,000)
Track and structures.................................... 1,000,000
Corridor planning activities............................ 5,900,000
California corridor................................. (1,250,000)
Gulf Coast corridor................................. (800,000)
Southeast corridor.................................. (500,000)
Florida corridor.................................... (2,150,000)
Seattle to Everett corridor......................... (750,000)
Las Vegas to Los Angeles high-speed rail study...... (200,000)
Northern New England corridor, VT................... (250,000)
Magnetic levitation..................................... 4,500,000
Washington-Baltimore................................ (500,000)
Nevada-California................................... (1,500,000)
Greensburg-Pittsburgh............................... (2,000,000)
Southern California................................. (500,000)
--------------------------------------------------------
____________________________________________________
Total............................................. $30,450,000
Diesel multiple units.--The conference agreement provides
$4,000,000 to validate the compliance of diesel multiple units
with existing passenger car safety standards and to make a
grant to a public body for the purpose of initiating a
demonstration in daily revenue service of a compliant DMU
during calendar years 2003 and 2004. Federal funding shall only
be made available if funds are matched on a dollar-for-dollar
basis from non-federal sources and shall only be used for
activities related to establishing the compliance of the DMU
design with passenger safety standards and for the acquisition
of DMUs (through a conventional competitive procurement
process) and service facilities necessary for revenue service
demonstration. All other expenses, including the cost of
passenger facilities and any net operating expenses are not
eligible for funding under this appropriation.
State of California.--Funds made available for high-speed
rail in California should supplement, not replace, state
funding for this same program.
Rail-highway crossing hazard eliminations.--Under section
1103 of TEA21, an automatic set-aside of $5,250,000 is made
available each year for the elimination of rail-highway
crossing hazards. A limited number of rail corridors are
eligible for these funds. Of these set-aside funds, the
following allocations are made:
Conference
High-speed rail corridor between Mobile, AL and New
Orleans, LA......................................... $1,800,000
Pacific Northwest high-speed rail corridor.............. 1,000,000
High-speed rail corridor between New York City and
Albany, NY.......................................... 850,000
High-speed rail corridor in South Carolina.............. 500,000
High-speed rail corridor between Milwaukee and LaCrosse,
WI.................................................. 450,000
High-speed rail corridor between Staples Mill Station
and Main Street Station in Richmond, VA............. 200,000
High-speed rail corridor between Minneapolis/St. Paul,
MN and Chicago, IL (TEA21).......................... 250,000
High-speed rail corridor between Chicago, IL and St.
Louis, MO........................................... 200,000
Alaska Railroad Rehabilitation
The conference agreement provides $22,000,000 for the
Alaska Railroad instead of $25,000,000 as proposed by the
Senate. The House bill contained no similar appropriation.
Grants to the National Railroad Passenger Corporation
The conference agreement provides $1,050,000,000 for
grants to the National Railroad Passenger Corporation (Amtrak)
instead of $762,476,000 as proposed by the House and
$1,200,000,000 as proposed by the Senate. Within these funds:
$522,000,000 shall be for operating expenses; $295,000,000
shall be for capital expenses along the Northeast Corridor
Mainline; and $233,000,000 shall be for general capital
improvements. Funding is provided to the Secretary of
Transportation, who shall allocate these funds quarterly
through the grant making process. Funding is available until
September 30, 2003.
The Secretary of Transportation shall approve funding to
cover operating losses on a long distance train of the National
Railroad Passenger Corporation only after receiving and
reviewing a grant request for each specific train route. Each
request must be accompanied by detailed financial analysis and
revenue projections justifying federal support. Language,
proposed by the House, that limited operating expenses of long
distance trains to $150,000,000, has been deleted.
The Secretary of Transportation and Amtrak's Board of
Directors shall ensure that sufficient funds are reserved to
satisfy the Railroad's contractual obligations with commuter
and intercity passenger rail service.
The conference agreement slightly modifies a number of
reporting requirements proposed by the House. These
requirements include directing Amtrak to transmit to the House
and Senate Committees on Appropriations and the Secretary of
Transportation capital and operating plans, which must be used
as the base for expenditures in 2003. Funding may not be spent
on projects not included on the business plan. Beginning on
June 1, 2003, Amtrak shall submit supplemental reports
regarding the changes to the business plan and a justification
for such changes.
The conferees recognize that Amtrak has the authority to
transfer capital funds for operating expenses, such as
progressive overhauls, preventive maintenance, and maintenance
of way activities. This permission was granted in 1999.
However, the conferees expect that the Secretary of
Transportation shall notify the House and Senate Committees on
Appropriations of any such transfer of capital funds to
eligible operating expenses over and above those stipulated in
the original business plan.
As proposed by the House, the Secretary is prohibited
from obligating or expending any funds until Amtrak agrees to
continue abiding by certain direct loan provisions as agreed to
on June 28, 2002. Included in these provisions is a requirement
for Amtrak to identify $100,000,000 in cost savings options.
Accuracy of financial information.--The Secretary of
Transportation must vouch for the accuracy of financial
information that Amtrak provides to Congress. This must be in
the form of a signed letter that would accompany the operating
and capital plans. In doing so, the Secretary must certify in
writing, that based on his knowledge, the financial statements
and other financial information prepared by Amtrak for Congress
fairly presents in all material respects the financial
condition of the Corporation. Specific requirements are
discussed in the House report.
Reprogramming guidelines.--As detailed in the House
report, Amtrak must abide by the Department's reprogramming
guidelines. However, the conferees are willing to provide
Amtrak flexibility for increases and decreases in their
operating and capital plans of under $10,000,000 without
submitting a reprogramming request.
Short distance trains.--Amtrak shall establish a more
uniform methodology for cost sharing on short distance routes.
To do so, Amtrak should analyze current state funding for
operating expenses and capital improvements, review the
contractual terms under which this funding is provided, and
consult with states served by these routes to establish new
cost sharing procedures and increase state support on these
routes. Amtrak shall report to the House and Senate Committees
on Appropriations on the status of these efforts by April 1,
2003.
Cost of long distance trains.--The conferees direct
Amtrak to report on the measures it undertakes, beginning in
fiscal year 2003, to reduce the financial burden of long
distance trains on the federal treasury. This report should
include specific estimates of cost savings to be achieved in
2003 and over a five-year period. This report is due to the
House and Senate Committees on Appropriations no later than
April 1, 2003.
FEDERAL TRANSIT ADMINISTRATION
Administrative Expenses
The conference agreement provides $73,000,000 for
administrative expenses of the Federal Transit Administration
as proposed by both the House and the Senate. Within the total,
the conference agreement appropriates $14,600,000 from the
general fund.
The conference agreement includes a provision, contained
in both bills, that would reimburse the Department of
Transportation's Inspector General $2,000,000 for costs
associated with audits and investigations of transit-related
issues. The conference agreement also includes a provision that
limits the amount of funding available for the National transit
database to $2,600,000.
Full-time equivalent staff.--The conference agreement
approves the budget request for 12 new staff; however, funding
has been reduced for these positions by $549,000. The reduction
reflects half-year funding for these new positions, which is
consistent with hiring practices in other modes and by FTA last
year.
FECA administrative costs.--The conference agreement
deletes $15,000 proposed in the budget for FECA administrative
costs. This action is consistent across all modal
administrations.
Project and financial management oversight activities.--
The conferees direct that savings from funding new staff
positions at a half-year level and the denial of FECA
administrative costs should be used to increase funding for
project and financial management oversight activities
(+$564,000). The conferees further direct that the FTA submit
to the House and Senate Committees on Appropriations, the
Inspector General and the General Accounting Office the
quarterly FMO and PMO reports for each project with a full
funding grant agreement.
Full funding grant agreements (FFGAs).--TEA21, as
amended, requires that the FTA notify the House and Senate
Committees on Appropriations as well as the House Committee on
Transportation and Infrastructure and the Senate Committee on
Banking 60 days before executing a full funding grant
agreement. In its notification to the House and Senate
Committees on Appropriations, the conferees direct the FTA to
include therein the following: (a) a copy of the proposed full
funding grant agreement; (b) the total and annual federal
appropriations required for that project; (c) yearly and total
federal appropriations that can be reasonably planned or
anticipated for future FFGAs for each fiscal year through 2004;
(d) a detailed analysis of annual commitments for current and
anticipated FFGAs against the program authorization; and (e) a
financial analysis of the project's cost and sponsor's ability
to finance, which shall be conducted by an independent examiner
and shall include an assessment of the capital cost estimate
and the finance plan; the source and security of all public-
and private-sector financial instruments, the project's
operating plan which enumerates the project's future revenue
and ridership forecasts, and planned contingencies and risks
associated with the project.
The conferees also direct the FTA to inform the House and
Senate Committees on Appropriations before approving scope
changes in any full funding grant agreement. Correspondence
relating to scope changes shall include any budget revisions or
program changes that materially alter the project as originally
stipulated in the full funding grant agreement, and shall
include any proposed change in rail car procurements.
Formula Grants
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides a total program level
of $3,839,000,000 for transit formula grants, as proposed by
both the House and the Senate. Within this total, the
conference agreement appropriates $767,800,000 from the general
fund. The general fund appropriation shall be available until
expended.
The conference agreement provides that funding made
available under the clean fuels formula grant program under
this heading shall be transferred to and merged with funding
provided for the replacement, rehabilitation, and purchase of
buses and related equipment and the construction of bus-related
facilities under ``Federal Transit Administration, Capital
investment grants''.
Distribution of formula funding.--Within the total
funding level, the conferees anticipate that formula grants
will be distributed as follows:
Urbanized area formula (sec. 5307)...................... $3,428,709,908
Elderly and individuals with disabilities (sec. 5310)... 90,652,801
Nonurbanized area formula (sec. 5311)................... 239,404,605
Clean fuels programs (sec. 5308)........................ 50,000,000
Alaska Railroad \1\..................................... 4,850,000
Over-the-road bus accessibility......................... 6,950,000
Oversight............................................... 18,432,736
\1\ Includes $24,300 for oversight activities.
Within the funding provided for the over-the-road bus
accessibility program: $5,250,000 for intercity fixed route
projects and the remainder is to be made available for other
services, such as local fixed route service, commuter service
and charter service.
Salaries and benefits.--No funds herein appropriated may
be used by the New York Metropolitan Transit Authority, any
affiliated agency or entity to pay either salary, benefits, or
expenses to the elected or appointed officers of the
Association of Commuter Rail Employees.
University Transportation Research
The conference agreement provides a total of $6,000,000
for the university transportation research program as proposed
by both the House and the Senate. Of this amount, $1,200,000 is
from the general fund and shall be available until expended.
Transit Planning and Research
The conference agreement provides a total of $122,000,000
for transit planning and research, as proposed by both the
House and the Senate. Within the total, the conference
agreement appropriates $24,200,000 from the general fund. The
general fund appropriation shall be available until expended.
Within the funds appropriated for transit planning and
research, $5,250,000 is provided for rural transportation
assistance; $4,000,000 is provided for the National Transit
Institute; $8,250,000 is provided for the transit cooperative
research program; $60,385,600 is provided formetropolitan
planning; $12,614,400 is provided for state planning; and $31,500,000
is provided for the national planning and research program.
National planning and research.--Within the funding
provided for national planning and research, the Federal
Transit Administration shall make available the following
amounts for the programs and activities listed below:
Project Action (TEA-21)................................. $3,000,000
Calstart/Westart bus rapid transit...................... 1,000,000
Clean mobility and transit enhancements................. 2,000,000
Electric Transit Vehicle Institute, TN.................. 500,000
University of South Florida for urban transit research.. 250,000
Santa Barbara Electric Transit Institute, CA............ 425,000
Hennepin County community transportation, MN............ 1,000,000
Joblinks/Community Transportation Association........... 500,000
North Dakota transit center............................. 400,000
PVTA electric bus project, MA........................... 750,000
Auburn University campus transit system, AL............. 375,000
Center for Composites Manufacturing, AL................. 900,000
Detroit airport rail project, MI........................ 200,000
Detroit area regional transportation authority studies,
MI.................................................. 350,000
National bio-terrorism civilian medical response center,
PA.................................................. 750,000
Rich Passage passenger ferry project, WA................ 800,000
Rockford-Belvidere transit feasibility study, IL........ 200,000
Transit usage, home interview survey study, UT.......... 300,000
Washington state ferries wireless connection project, WA 800,000
WVU exhaust emissions testing, WV....................... 1,000,000
Zinc-air zero emission bus, NV.......................... 750,000
National deployment of ITN America, ME.................. 300,000
Trust Fund Share of Expenses
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The conference agreement provides $5,781,000,000 in
liquidating cash for the trust fund share of transit expenses
as proposed by both the House and the Senate.
Capital Investment Grants
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides a total program level
of $3,036,000,000 to remain available until expended for
capital investment grants as proposed by the House and the
Senate. Within the total, the conference agreement appropriates
$607,200,000 from the general fund as proposed by both the
House and the Senate.
Within the total program level, $1,214,400,000 is
provided for fixed guideway modernization; $607,200,000 is
provided for the replacement, rehabilitation, and purchase of
buses and related equipment and the construction of bus-related
facilities; and $1,214,400,000 is provided for new fixed
guideway systems.
In addition to the $607,200,000 for buses, the conference
agreement transfers $50,000,000 from formula funds to capital
investment grants for the replacement, rehabilitation, and
purchase of buses and related equipment and for the
construction of bus-related facilities, as proposed by the
House. The Senate also proposed the transfer of $50,000,000;
however, the bill language was slightly different.
In the new fixed guideway program, the conference
agreement supplements the $1,214,400,000 provided in this Act
by transferring $45,000,000 from the job access and reverse
commute grant program to the capital investment grant program.
The Senate proposed a transfer of $25,000,000 whereas the House
had no similar bill language. In addition, the conference
agreement transfers all in unobligated 1999 job access and
reverse commute program funds to capital investment grants and
makes this funding available for new fixed guideway systems.
Three year availability of section 5309 discretionary
funds.--The conferees direct the FTA to reprogram funds from
recoveries and previous appropriations that remain available
after three years and are available for reallocation to only
those new starts that have full funding grant agreements in
place on the date of enactment of this Act, and with respect to
bus and bus facilities, only to those bus and bus facilities
projects identified in the accompanying reports of the fiscal
year 2003 Department of Transportation and Related Agencies
Appropriations Act. The FTA shall notify the House and Senate
Committees on Appropriations 15 days prior to any such proposed
reallocation. The conferees, however, direct the FTA not to
reallocate funds provided in the 1998, 1999, and 2000
Department of Transportation and Related Agencies
Appropriations Acts for the following projects:
Washington County intermodal facilities, buses, and
bus facilities, 2000
Foothills Transit, California buses and HEV
vehicles, 2000
Chatham, Georgia area transit buses and transfer
center, 2000
Fair Lakes league, Virginia, 2000
Dulles Corridor, Virginia park-and-ride express bus
program, 2000
Fayette County, Pennsylvania intermodal parking
facility, 2000
Swampscott, Massachusetts buses, 2000
Ithaca, New York intermodal transportation center,
2000
Wilkes Barre, Pennsylvania intermodal facility,
1998, 1999, 2000
Dulles, Virginia corridor project, 2000
Kenosha-Racine-Milwaukee, Wisconsin rail extension
project, 2000
Roaring Fork Valley, Colorado project, 2000
Twin Cities, Minnesota, Transitways project, 2000
Altamount, California commuter rail project, 2000
Santa Fe/El Dorado, New Mexico rail link project
Albuquerque, New Mexico light rail project
Tuscaloosa, Alabama intermodal center
Northern New Mexico park and ride facilities
State of New Mexico buses and bus-related
facilities
Birmingham, Alabama transit corridor project
Harrisburg, Pennsylvania Capital Area Transit/
Corridor One commuter rail project
Charleston, South Carolina monobeam corridor
project
King County, Washington park and ride expansion
Sequim, Washington-Clallam Transit multimodal
center
Birmingham-Jefferson County, Alabama buses
Roaring Fork Transportation Authority, Colorado
Dothan Wiregrass, Alabama vehicles and transit
facility
Jefferson/Montevallo, Alabama pedestrian walkway
Montgomery, Alabama Union Station intermodal center
Pritchard, Alabama bus transfer center
West Virginia statewide intermodal facility and
buses
Port Mackenzie/Upper Cook Inlet intermodal facility
The conferees agree that when the Congress extends the
availability of funds that remain unobligated after three years
and would otherwise be available for reallocation at the
discretion of the administrator, such funds are extended only
for one additional year, absent further congressional
direction.
Bus and bus facilities.--The conference agreement
provides $607,200,000, together with $50,000,000 transferred
from ``Federal Transit Administration, formula grants'' and
merged with funding under this heading, for the replacement,
rehabilitation and purchase of buses and related equipment and
the construction of bus-related facilities. No funding in this
Act is made available to carry out the clean fuels program. In
addition, funds made available for bus and bus facilities are
to be supplemented with $4,567,156 from the following projects
included in previous appropriations Acts:
Essex Junction, Vermont multimodal station.......... $490,547
Towamencin Township, Pennsylvania intermodal center
(1999)............................................ 1,488,750
Towamencin Township, Pennsylvania intermodal center
(2000)............................................ 1,471,643
Folsom, California multimodal facility.............. 992,500
Georgetown University fuel cell program............. 123,716
Funds provided for buses and bus facilities are
distributed as follows:
Project Name Conference total
Alabama:
Alabama A&M University bus & bus facilities......... $500,000
Alabama State Docks Intermodal Facility............. 8,000,000
Alabama Statewide Replacement of Senior Center Vans. 1,000,000
Bevill State community College Transit Project...... 300,000
Cullman County Commission (CARTS)................... 150,000
Hoover & Vestavia Hills Diesel Hybrid Electric Buses 1,000,000
Hunstville Intermodal Center........................ 3,000,000
Jefferson County, Diesel Hybrid Electric Buses...... 750,000
Martime Center of the Gulf.......................... 4,000,000
Troy State University Bus Shuttle Program........... 1,500,000
Union Station/Molton Street Multimodal Facility,
Montgomery........................................ 5,000,000
University of North Alabama Transit Projects........ 2,000,000
Alaska:
Anchorage Int'l Airport Intermodal Facility......... 2,000,000
Anchorage ship creek intermodal facility (AK)....... 4,000,000
Coffman-Cove Inner-island Ferry/Bus Terminal........ 2,000,000
Fairbanks Intermodal Facility....................... 250,000
Fairbanks Rail/Bus Transfer......................... 2,000,000
Port MacKenzie Intermodal Facility.................. 2,000,000
Port of Anchorage Intermodel Facility............... 3,000,000
Seward Buses & Bus Facility......................... 200,000
Skagway Municipal and Regional Transit.............. 350,000
Wasilla Intermodal Facility......................... 900,000
Arizona:
City of Phoenix (RPTA) replacement buses............ 3,835,000
Coconino County Buses............................... 1,000,000
RPTA Bus Facilities (Mesa, Scottsdale, Tempe,
Phoenix).......................................... 4,200,000
SunTran Replacement Buses, including alternatively
fueled............................................ 1,000,000
SunTran Bus Storage & Maintenance Facility.......... 1,750,000
Tucson Intermodal Center (Union Pacific Depot)...... 4,000,000
Arkansas:
Fort Smith Bus...................................... 750,000
State of Arkansas Bus & Bus Facilities.............. 4,500,000
California:
Alameda Contra Costa Transit--Bus and Bus Facilities 1,050,000
Anaheim Resort Transportation (ART) Project......... 500,000
Antelope Valley Transit Authority--Operations and
Maintenance Facility.............................. 500,000
BART Fruitvale Transit Village, parking structure... 250,000
Chino, Transcenter, Omnitrans....................... 330,000
City of Salinas--Intermodal Transportation Center... 1,250,000
City of Sierra Madre Buses and Natural Gas Vehicle
Fueling Station................................... 300,000
East County Bus Maintenance Facility................ 1,600,000
El Garces Intermodal Station........................ 1,550,000
Fairfield/Suisun Transit Alternative Fueled Buses... 500,000
Folsom Railroad Block Project....................... 1,000,000
Foothill Transit--Bus Purchase...................... 1,500,000
Fresno Area Express (FAX) Bus Expansion............. 600,000
Golden Empire Transit District...................... 750,000
Los Angeles (MTA) Bus and Bus Facilities............ 3,500,000
Los Angeles to Pasadena Construction Authority Bus
Program........................................... 3,000,000
Modesto, Bus Maintenance Facility................... 1,700,000
Monterey-Salinas Transit Bus Facility & Buses....... 2,400,000
MUNI Bus & Facility Upgrade, San Francisco.......... 5,000,000
Municipal Transit Operators Coalition--Bus and Bus
Facilities........................................ 1,750,000
Omnitrans, City of Yucaipa--the Yucaipa Transit
Advancement Project............................... 950,000
Palmdale intermodal facility........................ 1,000,000
Redondo Beach, Bus Transfer Station................. 500,000
Riverside Transit Agency (RTA) Transit Centers--
Corona, Riverside................................. 1,000,000
Roseville Multitransit Center....................... 1,500,000
Sacramento Hydrogen Bus Technology (University of
California at Davis).............................. 600,000
Sacramento Regional CNG Bus & Bus Facility.......... 1,250,000
San Diego Bus Rapid Transit......................... 500,000
San Fernando Valley East and Ventura Boulevard, Park
and ride facilities............................... 500,000
San Mateo County Transit District (SamTrans) Zero-
Emission Buses.................................... 1,385,000
Santa Barbara Metropolitan Transit District (MTD)
Hybrid Bus BRT Project............................ 750,000
Santa Clara Valley Transportation Authority Clean
Fuel Bus Program.................................. 1,500,000
Solano Transportation Authority--Fairfield/Vacaville
Intermodal Station................................ 500,000
Sonoma County CNG Fueling Facility Upgrade.......... 500,000
South Pasadena Circulator Bus....................... 150,000
Sun Line Transit Hydrogen Refueling Station......... 1,250,000
Yolubus and Unitrans CNG Buses...................... 1,300,000
Yosemite (YARTS).................................... 400,000
Colorado:
Colorado Transit Coalition--Statewide Bus and Bus
Facilities........................................ 12,000,000
Connecticut:
Bridgeport High Speed Ferry Terminal Project........ 1,000,000
Connecticut State-wide Buses........................ 1,000,000
Hartford Downtown Circulator........................ 1,500,000
Hartford-New Britain Busway Project................. 7,500,000
Hollyhock Station/Intermodal Transportation Center,
Norwich........................................... 2,650,000
New Haven, Bus Maintenance Facility................. 1,000,000
New Haven, Fuel Cell and Electric Bus Project....... 1,000,000
West Haven Intermodal............................... 1,000,000
Delaware:
Delaware Transit Corporation........................ 3,000,000
District of Columbia:
Georgetown University Fuel Cell Transit Bus Program. 4,850,000
WMATA--Buses in D.C., Maryland, and Virginia........ 2,000,000
Florida:
Broward County Buses and Bus Facility............... 200,000
Collier Area Transit, Transit Facility.............. 750,000
DeLand Intermodal Center (VOTRAN)................... 1,750,000
East Central Florida Transit Coalition Bus and
Facilities........................................ 6,000,000
Ft. Lauderdale, Transit Shuttle Vehicles............ 1,500,000
Gainesville, Multimodal Transportation Center....... 1,000,000
Hillsborough Area Regional Transit (HART)........... 500,000
Jacksonville Transit Authority (JTA)--Buses......... 1,250,000
Key West Buses and Bus Facilities................... 1,000,000
Lakeland, Citrus Connection......................... 500,000
Lee County, Bus Facility............................ 750,000
LYNX buses, bus facilities, and passenger amenities. 750,000
Miami Beach Intermodal Transit Center............... 1,500,000
Miami-Dade Buses.................................... 3,000,000
Pinellas County Bus Replacement..................... 4,200,000
SunTran Transit Maintenance Facility--City of Ocala. 800,000
Tallahassee (TALTRAN) buses......................... 1,250,000
Tallahassee (TALTRAN) Intermodal Center............. 500,000
West Coast Florida Bus Coalition.................... 8,000,000
West Palm Beach, Trolley Buses...................... 1,250,000
Winter Haven Transit Terminal....................... 500,000
Georgia:
Atlanta, Multimodal Terminal........................ 2,000,000
Chatham Area Transit................................ 2,700,000
Georgia Regional Transportation Authority--Regional
Express Bus and Facilities........................ 4,436,000
Georgia Statewide Bus Replacement Program........... 1,500,000
Gwinnett County Operations & Maintenance Facility... 1,500,000
Macon Intermodal Center............................. 2,000,000
MARTA buses, clean fuel buses and facilities........ 2,500,000
Hawaii:
BRT Systems, Appurenances & Facilities.............. 8,000,000
Bus Transit Centers--Waianae, Mililani, Wahiawa..... 750,000
Hawaii Statewide Bus and Bus Facilities............. 5,000,000
Maui County Buses................................... 1,100,000
Idaho:
Idaho Transit Coalition Bus and Bus Facilities...... 2,500,000
Illinois:
Illinois Statewide Buses and Facilities............. 12,200,000
Normal Multi-modal Facility......................... 750,000
Indiana:
Cherry Street Multimodal Facility................... 500,000
Fort Wayne Public Transportation Corporation (Fort
Wayne Citilink)................................... 600,000
Indiana Transit Consortium--Bloominton Public
Transportation.................................... 500,000
Indianapolis Downtown Transit Facility.............. 4,500,000
Wabash Landing Transit Bus and Bus Facility......... 250,000
Iowa:
Cedar Falls Multimodal Facility..................... 1,100,000
Des Moines MTA Bus Purchase......................... 800,000
Iowa City Intermodal Transit Facility............... 6,000,000
State of Iowa, Buses, Facilities, Equipment......... 6,500,000
Kansas:
City of Wichita, Mini-Transfer Station.............. 400,000
Johnson County Transit Programs..................... 500,000
Kansas City Area Transportation Authority (KCATA)... 250,000
Kansas, Buses and Bus Facilities.................... 3,000,000
Lawrence Transit System Transfer Center............. 500,000
Topeka Transit Buses................................ 1,500,000
Unified Government Transit Bus Replacement--
Wyandotte County/Kansas City...................... 350,000
Wichita Transit Authority........................... 1,200,000
Kentucky:
Fulton County Transit Authority R V Cutaways........ 180,000
Henderson Area Rapid Transit Bus.................... 96,000
Henderson County Facility........................... 500,000
KY Statewide, Bus and Bus Facilities................ 7,500,000
KY Transportation Cabinet--Community Action groups.. 1,425,000
Laurel County intermodal facility................... 5,000,000
Paducah Area Transit Authority Buses................ 480,000
Pennyrile Allied Community Services Transit Facility 372,000
Pikesville parking and transit facility enhancements 1,000,000
Red Cross Wheels.................................... 2,000,000
Transit Authority of Northern Kentucky (TANK)....... 1,500,000
Transit Authority of River City..................... 2,000,000
Louisiana:
LA Public Transit Association, Buses and Bus
Facilities........................................ 10,000,000
LSU Health Sciences Center Shreveport Intermodal
Facility.......................................... 250,000
St. Bernard intermodal facility..................... 500,000
Maine:
Maine Statewide Bus & Bus Facility.................. 1,000,000
Oceangateway Development Project.................... 500,000
Westbrook, Intermodal Facility...................... 1,000,000
Maryland:
Maryland Statewide Bus and Bus Facilities........... 8,000,000
Montgomery County FDA Transit Center................ 250,000
Massachusetts:
Attleboro Intermodal Mixed-Use Garage Facility...... 750,000
Brockton Area Transit, Intermodal Transportation
Center............................................ 1,000,000
Cape Ann Transit Authority, buses and trolleys...... 150,000
Cape Cod Intermodal Facilities (Cape & Island
Transit Ctrs)..................................... 300,000
Cities of Beverly and Salem, Intermodal Facility
Improvements...................................... 250,000
CTS Northern Tier Buses--MA......................... 300,000
Essex County, City of Lynn, MA, buses and senior
citizen vans...................................... 140,000
Essex County, City of Peabody, MA, buses............ 48,000
Essex County, Town of Danvers, MA, buses and senior
citizen vans...................................... 66,000
Lowell-Gallagher Intermodal Facility................ 1,000,000
Merrimack Valley Regional Transit Authority (MVTRA),
facility improvements............................. 250,000
Montachusett Area Regional Transit (MART) Commuter
Park and Ride Facility--Leominster................ 750,000
Montachusett Area Regional Transit (MART) Passenger
and Handicap Vans................................. 425,000
Montachusett Commuter Facilities in Fitchburg....... 1,600,000
Northern Tier Intermodal Center--Athol.............. 300,000
Springfield Union Station Intermodal Redevelopment
Project........................................... 6,000,000
Worcester Regional Transit Authority (WRTA)
Maintenance Facility.............................. 200,000
Michigan:
Ann Arbor Transportation Authority Bus & Bus
Facilities........................................ 250,000
Battle Creek........................................ 300,000
Bay Area Transportation Authority Buses, Traverse
City.............................................. 500,000
Blue Water Area Transportation...................... 1,000,000
Branch County Transit Authority..................... 300,000
City of Alma, intermodal facility and buses......... 775,000
Detroit Department of Transportation Transit
Facility.......................................... 5,150,000
Flint Mass Transportation Authority bus and bus
facilities........................................ 2,000,000
Grand Rapids, buses and bus facilities.............. 500,000
Ionia Area Transportation Authority Dial-a-Ride..... 304,000
Jackson Transportation Authority, Bus Maintenance
Facility.......................................... 500,000
Kalamazoo Metro Transit--Transfer Center............ 2,900,000
Lansing, Capital Area Transit Authority............. 1,000,000
Livingston Essential Transportation Service......... 220,000
Ludington Mass Transportation Authority (LMTA)
Transit Facility.................................. 525,000
Marquette County Transit Authority bus and bus
facilities........................................ 2,000,000
Michigan Statewide Bus and Facilities............... 1,000,000
Milan Public Transit................................ 180,000
Saginaw Transit Authority Regional Service buses.... 500,000
Suburban Mobility Authority for Regional Transit
(SMART)........................................... 3,500,000
Washtenaw County, Chelsa Area Transportation System
(CATS)............................................ 264,000
Yates Township Transit System....................... 450,000
Minnesota:
Dakota County, Cedar Avenue Project................. 1,000,000
Duluth Transit Authority Bus and Bus Facilities..... 500,000
Greater Minnesota Transit Authority Bus & Bus
Facilities........................................ 2,000,000
La Crescent--Public Transfer Hub.................... 60,000
Metro Transit....................................... 11,585,000
Metropolitan Light Rail Transit Joint Powers Board--
Rush Line Corridor................................ 500,000
Minneapolis downtown circulator..................... 2,000,000
Minneapolis, 63rd Ave N. Park and Ride.............. 1,000,000
Northwest Corridor Busway........................... 2,500,000
Rochester--Bus Purchase............................. 507,000
St. Cloud Metropolitan Transit Commission Facilities 500,000
STEELE--Bus Purchase................................ 48,000
Two Harbors Bus and Bus Facilities.................. 200,000
Mississippi:
Brookhaven, Multi-modal Center...................... 2,000,000
Harrison County multi-modal facilities and shuttle
service........................................... 500,000
Hattiesburg Intermodal Facility..................... 750,000
Missouri:
Bi-State Development Agency Bus Replacement......... 3,000,000
Ferguson Van Replacement............................ 45,000
Hazelwood Van Expansion............................. 80,000
Houston buses....................................... 100,000
Jefferson City Transit Bus and Van.................. 500,000
Kansas City KCATA Buses............................. 200,000
Missouri Bus & Bus Facilities--Dunklin County, City
of Houston, Southeast Missouri Transportation
Service, Scott County, SE Missouri State
University........................................ 2,250,000
Missouri Statewide Bus and Bus Facility Projects.... 5,500,000
OATS Bus and Bus Facilities......................... 1,500,000
Southeast Missouri Trans. Services Bus and Bus
Facilities........................................ 500,000
Southwest Missouri State University Intermodal
Transfer Facility................................. 3,000,000
Springfield Public Utilities Buses.................. 1,300,000
St. Charles Buses and Equipment..................... 245,000
St. Joseph Buses.................................... 1,000,000
Stoddard County Van................................. 30,000
Montana:
Billings bus and bus facilities..................... 1,000,000
District IX--Bozeman Galavan........................ 250,000
Mountain Line Buses Missoula........................ 500,000
Nebraska:
Metro Area Transit--Intermodal Facility............. 1,000,000
Metro Area Transit South Omaha/Stockyard Center..... 750,000
Nebraska Statewide.................................. 750,000
Nevada:
Bus Rapid Transit on South Virginia Street--Reno.... 2,450,000
Bus Rapid Transit Project Las Vegas Blvd............ 5,000,000
Las Vegas Downtown Transportation Center............ 2,250,000
Regional Transportation Commission (RTC) BRT--North
Las Vegas CIVIS Bus Stops......................... 325,000
Reno and Sparks Bus and Bus Facilities.............. 2,700,000
Rural Transit Buses & Facilities.................... 750,000
New Hampshire:
New Hampshire Statewide Bus Acquisition............. 750,000
New Jersey:
Bergen County Intermodal Facilities and Park-n-Ride. 2,250,000
Central New Jersey Raritan Valley Line Park-n-Ride.. 1,000,000
Gloucester Co Sr. Buses............................. 200,000
Harrison New Jersey PATH Station Rehabilitation..... 250,000
Montclair Community Wide Bus System................. 1,000,000
Morris County, Intermodal Park-n-Rides Facilities... 1,500,000
Newark Penn Station Intermodal Access Enhancements.. 2,000,000
Route 80 Howard Boulevard NJ Transit Park and Ride.. 500,000
Trenton Station Intermodal.......................... 6,500,000
New Mexico:
Albuquerque Buses and Bus Facility.................. 1,000,000
Alvorado Transportation Center--Phase II............ 300,000
Espanola ADA van & Compressed Gas Equipment......... 75,000
Rio Rancho Buses and Facilities..................... 250,000
anta Fe Bus Facility Renovation..................... 200,000
New York:
Albany, NY--Capital District Transportation
Authority (CDTA), Bus and Bus Facilities.......... 2,700,000
Brooklyn, downtown intermodal transit district...... 500,000
Broome County, Binghamton Intermodal Terminal....... 1,000,000
Buffalo Intermodal Transportation Center............ 5,000,000
Central New York Regional Transportation Authority.. 3,000,000
City of Schenectady, bus and bus facilities......... 500,000
Jamaica Intermodal Facilities....................... 1,500,000
Lower Hudson Intercounty Bus Program................ 800,000
Mobile Health Service Buses, NYC.................... 500,000
Nassau County's Long Island Bus..................... 250,000
New Rochelle Intermodal Center...................... 750,000
Niagara Transportation Authority Buses and Bus
Facilities........................................ 3,250,000
Oneonta Public Transit Buses........................ 750,000
Orange County, Buses................................ 750,000
Rensselaer Intermodal Station and related community
enhancements...................................... 800,000
Rochester-Genesee Regional Transportation Authority
(RGRTA)--Rochester Central Station................ 3,000,000
Ulster County Rural Bus Facility.................... 900,000
Utica Transit Authority Buses....................... 900,000
Westchester County Bee-Line Buses................... 1,750,000
North Carolina:
City of Charlotte Bus and Bus Facilities............ 1,500,000
North Carolina Bus and Bus Facilities............... 8,000,000
Piedmont Authority for Regional Transportation
(PART)--Bus Purchase.............................. 1,000,000
Triangle Transit Authority (TTA) Maintenance
Facility.......................................... 350,000
North Dakota:
North Dakota Statewide Capital Transit.............. 2,901,000
Ohio:
Cincinnati Government Square Transit Transfer Center 4,000,000
Greater Triskett Bus Garage Rehabilitation.......... 1,000,000
Lorain Renovation Train Depot in a Multi-modal Hub.. 1,000,000
Ohio Public Transportation Association--Bus and Bus
Facilities for the State of Ohio.................. 8,500,000
Oklahoma:
Central Oklahoma Transportation & Parking Authority
(COPTA)........................................... 2,500,000
Metropolitan Tulsa Transit Authority (MTTA)......... 1,000,000
Oklahoma Transit Association--Bus and Bus Facilities 5,000,000
OSU Multimodal Transportation Facility.............. 3,000,000
Oregon:
Albany, Buses....................................... 220,000
Canby Transit....................................... 200,000
Eugene Lane Transit District........................ 2,000,000
Portland, Tri-Met Buses............................. 2,000,000
Rogue Valley Transit District....................... 1,000,000
Salem Area Mass Transit Bus and Bus Facility........ 500,000
Wilsonville, South Metro Area Rapid Transit (SMART). 250,000
Pennsylvania:
Adams Transit Authority Buses and Bus Facility...... 400,000
Allentown Intermodal Transportation Center.......... 2,000,000
Altoona Metro Transit Buses......................... 500,000
AMTRAN Bus and Transit System Improvements.......... 750,000
Area Transportation Authority Buses, North Central
Pennsylvania...................................... 2,000,000
Beaver County Transit Authority Buses............... 150,000
Berks Area Reading Transportation Authority--Buses
and Facilities.................................... 1,000,000
Bucks County, SEPTA Intermodal facility improvement. 1,000,000
Butler Township/City Joint Municipal Transit Multi-
Modal Transfer Center............................. 425,000
Cambria County Operations and Maintenance Facility.. 500,000
Capital Area Transit Buses.......................... 500,000
Easton Intermodal Terminal.......................... 2,000,000
Endless Mountain Transportation Authority........... 300,000
Fayette County Transit Facility..................... 900,000
Hershey Intermodal Transportation Center............ 2,000,000
Indiana County Transit Authority.................... 410,000
Mid-County Transit Authority, Facilities and
Equipment......................................... 500,000
Port Authority of Allegheny County Buses (including
clean fuels)...................................... 1,775,000
Pullman Multi-modal Center.......................... 500,000
SEPTA--Paratransit Vehicles......................... 500,000
SEPTA Norristown Intermodal Facility................ 1,000,000
Somerset County Transportation System............... 160,000
TEA-21 Altoona, PA.................................. 3,000,000
Westmoreland County Transit Authority............... 1,450,000
Wilkes-Barre Intermodal Facility.................... 250,000
Williamsport Bureau of Transportation City Bus--
Lycoming County................................... 1,250,000
York County Transit Authority Buses................. 500,000
Puerto Rico:
Puerto Rico Metropolitan Bus Authority (MBA), bus
and bus facilities................................ 250,000
Rhode Island:
Newport Trolley Project............................. 500,000
Premium Commuter Service Pilot Program.............. 1,000,000
Rhode Island Buses and Alternatively Fueled
Infrastructure.................................... 3,000,000
University of Rhode Island Student Transportation
Services.......................................... 750,000
South Carolina:
Intermodal/Inland Port Terminal..................... 1,000,000
Myrtle Beach Regional Multimodal Transit Center..... 1,125,000
North Charleston Regional Intermodal Transportation
Center............................................ 500,000
South Carolina Vehicles and Facilities.............. 7,000,000
Sumter Intermodal Transportation Center (Union
Station).......................................... 3,000,000
South Dakota:
Rosebud Sioux Tribe Bus Facility.................... 200,000
South Dakota Statewide--Bus and Bus Facilities...... 750,000
Tennessee:
Knoxville Electric Transit Intermodal Center........ 3,400,000
Memphis Airport Intermodal Facility Improvements.... 3,000,000
Tennessee Bus Replacements & Bus Facilities......... 9,500,000
Texas:
Abilene Bus Replacement--Citylink................... 600,000
Austin Bus Projects................................. 5,000,000
Beaumont Buses...................................... 100,000
Brownsville Buses................................... 100,000
Corpus Christi Regional Transportation Authority
(RTA) Bus & Bus Facilities........................ 500,000
El Paso Bus Projects................................ 1,500,000
Fort Worth Transportation Authority................. 3,000,000
Galveston Buses..................................... 1,000,000
Houston Advanced Transit Program.................... 2,000,000
Laredo, Administrative/Operations/Maintenance
Facility.......................................... 1,750,000
Lubbock Buses....................................... 150,000
Odessa & Midland, TX--Alternative Fuel Buses........ 1,000,000
San Antonio VIA Metropolitan Transit Authority...... 1,500,000
Texas Tech University Park & Ride; Buses............ 1,850,000
Waco Transit, Buses, Maintenance and Administration
Facilities........................................ 1,900,000
Woodlands District Park & Ride...................... 1,200,000
Utah:
State of Utah--Buses and Facilities................. 1,000,000
UTA and Park City Transit Buses..................... 4,000,000
Utah Statewide Regional Intermodal Transportation
Centers........................................... 500,000
Vermont:
Chittenden County Transit Authority Bus and Facility 2,000,000
Montpelier Multimodal Center........................ 2,000,000
St. Johnsbury Transit Center Rehabilitation......... 250,000
Winooski Falls Downtown Multimodal Transportation
Center............................................ 500,000
Virginia:
Arlington Bus Transfer Stations..................... 500,000
Greater Roanoke Transit Company (GRTC) Buses........ 1,050,000
Hampton Roads Bus and Bus Facilities................ 1,525,000
Petersburg Area Transit............................. 750,000
Potomac & Rappahannock Transportation Commission.... 2,100,000
Potomac Yard Transitway............................. 800,000
Richmond Multi-modal Facility....................... 2,950,000
Virgin Islands:
Virgin Islands Transit (VITRAN)..................... 500,000
Washington:
Clark County, WA C-TRAN Vancouver Mall Transit
Center............................................ 2,600,000
Aurora Avenue Bus Rapid Transit..................... 1,500,000
Burien transit center transit oriented development.. 2,000,000
Edmonds Crossing multi-modal project................ 3,500,000
Intercity Transit (Thurston County) Fare Collection
Equipment......................................... 250,000
Issaquah Highlands Park & Ride...................... 1,400,000
Jefferson Transit Facilities........................ 1,000,000
King Street Station Multimodal Facility............. 250,000
Lakewood SR 512 Park-n-Ride Expansion............... 1,500,000
Mason County Transportation Authority Facilities.... 300,000
Mercer Island Transit Center, Park and Ride......... 500,000
Mount Vernon multi-modal facility and buses......... 2,000,000
Pierce County bus and bus facilities................ 3,000,000
Port Angeles International Gateway project.......... 1,500,000
Small Bus System Program of Projects................ 2,140,000
Snohomish County Community Transit park and ride.... 3,000,000
Sound Transit regional transit hubs................. 4,000,000
Spokane bus and bus facilities...................... 2,500,000
West Virginia:
Huntington, Tri-State Transit Authority (TTA) buses
and vans.......................................... 1,800,000
Monongalia Courthouse Annex in Morgantown--
Intermodal Parking Facility....................... 3,500,000
West Virginia Statewide............................. 4,000,000
Wisconsin:
Wisconsin Statewide Bus & Bus facilities............ 16,300,000
Wyoming:
Wyoming Department of Transportation................ 2,500,000
Bevill State Community College.--Funding provided to
Bevill State Community College may also be made available to
Jasper, Alabama.
Dulles Corridor park and ride.--Funds provided in fiscal
year 2000 for the Dulles Corridor park and ride shall also be
made available for the Reston East park and ride project in
Virginia.
Fort Worth intermodal center park and ride.--Funding
provided in fiscal year 2002 for the Fort Worth intermodal
center park and ride facility shall be used to facilitate the
finish out of the intermodal connections into downtown Fort
Worth and to enhance the linkage of the TRE with the T's bus
operation and park and ride elements occurring at two sites:
the ITC (and geographically related areas like the 7th Street
parking lot and Alarm Supply Building) and a larger facility at
the Texas and Pacific Station.
State of Illinois.--Within the funding provided to the
State of Illinois, $1,000,000 shall be for the refurbishment of
the Dan Ryan station.
Ithaca, New York.--Funds made available in fiscal year
2000 to the Ithaca intermodal transportation center shall also
be made available for the Binghamton intermodal transportation
center.
Kansas buses.--Funding provided for Wyandotte County
buses and Kansas City joblinks in fiscal year 2001 shall be
made available to the Unified Government of Wyandotte County/
Kansas City.
Commonwealth of Kentucky.--The conference agreement
provides $7,500,000 for bus and bus facilities needs statewide.
Of this funding, $4,000,000 shall be provided to southern and
eastern Kentucky. The remainder shall be allocated to:
Bluegrass Community Action Services, City of Frankfort,
Kentucky Foothills Development Council, Community Action
Council of Fayette/Lexington, Lexington Red Cross, East
Kentucky Independent Service Organization, and Lexington
Transit Authority.
State of Michigan.--Within the funding provided, the
state should strongly consider requests from Alger County,
Charlevoix County, Delta Area Transit Authority, Houghton,
Ontonogan County, City of Sault Ste. Marie, and Schoolcraft
County.
Mt. Sinai intermodal center.--Funding provided to the Mt.
Sinai intermodal center in fiscal year 1992 shall also be made
available to the Miami Beach intermodal facility in Florida.
Plaquemines Parish ferry.--Funds provided in fiscal year
2001 for Louisiana's Plaquemines Parish Ferry shall also be
made available to the New Orleans Regional Planning Commission
for vans, buses and related facility construction in
Plaquemines, St. Bernard, St. John and St. Charles parishes.
State of Ohio.--Within the funds provided, the state
should strongly consider requests from Kent, and the East Side
transit center.
Sierra Madre Villa intermodal center.--Funding provided
for the Sierra Madre Villa intermodal center in fiscal year
2002 shall also be made available to the Los Angeles County
Metropolitan Transportation Authority (LACMTA) for bus and bus
related facilities in the LACMTA's service area.
Swampscott buses.--Funding provided for the Swampscott
buses in fiscal year 2000 may also be made available to
Lynnfield, Massachusetts to replace buses.
Tompkins consolidated transit center, NY.--Funds made
available in fiscal year 2002 for the Tompkins consolidated
area transit center shall be made available for the City of
Middletown buses and bus facilities ($320,000) and City of
Kingston buses ($240,000), and the remainder shall be made
available for Tompkins County bus and bus facilities.
Tompkins County intermodal facility.--Funds made
available in fiscal year 2001 for the Tompkins County
intermodal facility shall also be made available for the Ulster
County, New York rural bus garage.
State of Washington.--Of the $2,140,000 provided to the
small bus system program of projects in the State of
Washington: $432,000 is for Grant Transit Authority, $144,000
is for Grays Harbor Transportation, $288,000 is for Island
Transit, $96,000 is for Pacific Transit, and $1,180,000 is for
Pullman Transit.
New fixed guideway systems.--In total, the conference
agreement provides $1,260,415,648 for new fixed guideway
systems, of which $1,214,400,000 is from new appropriations,
$45,000,000 is from funds transferred from the access to jobs
and reverse commute grant program, and $1,015,648 is from
unobligated funds provided under Public Law 105-277 under the
job access and reverse commute grant program.
Houston.--With regard to Full Funding Grant Agreement TX-
03-0119 the Secretary shall remove ``Steubner Airline Park and
Ride'' from the agreement and insert ``Barker Cypress Park and
Ride, Fuqua Park and Ride and Clear Lake Park and Ride.''
Miami-Dade transit metromover stage I.--The conference
agreement permits FTA to reprogram $5,384,000 in new starts
funds, originally obligated for the Miami-Dade transit
metromover stage I project, to the Metrorail Palmetto extension
project.
The conference agreement provides for the following
distribution of the recommended funding for new fixed guideway
systems as follows:
Project Name Conference
Alaska-Hawaii Setaside.................................. $10,296,000
Altamont, CA, Commuter Express Maintenance Facility San
Joaquin Rail Commission............................. 1,000,000
Atlanta North Springs, GA (North Line Extension)........ 16,110,000
Baltimore, MD, Central LRT Double Tracking Project...... 18,000,000
Birmingham, AL, Transit Corridor Study.................. 2,000,000
Boston, MA, North Shore Corridor Project................ 338,000
Boston, MA, South Boston Piers Transitway............... 681,000
Bridgeport, CT, Intermodal Transportation Center Project 2,500,000
Burlington-Middlebury, VT, Commuter Rail................ 1,500,000
Central Phoenix/East Valley, AZ, Light Rail............. 12,000,000
Charlotte, NC, South Corridor Light Rail Transit Project 11,000,000
Chicago Transit Authority, IL, Douglas Branch
Reconstruction...................................... 55,000,000
Chicago Transit Authority, IL, Ravenswood Reconstruction 3,000,000
Cleveland, OH, Euclid Corridor Transportation Project... 6,000,000
Dallas, TX, North Central Light Rail Extension.......... 60,000,000
Denver, CO, Southeast Center LRT (T-REX)................ 70,000,000
Fort Lauderdale, Tri-County Commuter Rail Upgrades...... 29,250,000
Houston, TX, Advanced Metro Transit Plan................ 11,000,000
Las Vegas, NV, Resort Corridor Fixed Guideway........... 7,000,000
Little Rock, AR, River Rail Streetcar Project........... 1,700,000
Los Angeles, CA, Eastside Corridor LRT.................. 4,000,000
Los Angeles, CA, North Hollywood Red Line............... 40,490,000
Lowell, MA to Nashua, NH, Commuter Rail Extension....... 3,000,000
Maryland, MARC Commuter Rail Improvements............... 11,750,000
Memphis, TN, Medical Center Rail Extension.............. 15,610,000
Metra Commuter Rail and Line Extension Projects (North
Central, Union Pacific West, SouthWest)............. 52,000,000
Metro North Rolling Stock, CT........................... 4,000,000
Minneapolis, MN, Hiawatha Corridor LRT.................. 60,000,000
Minneapolis, MN, Northstar Corridor..................... 5,000,000
Nashville, TN, East Corridor Commuter Rail.............. 4,000,000
New Jersey, Hudson-Bergen Light Rail--MOS1.............. 19,200,000
New Jersey, Hudson-Bergen Light Rail--MOS2.............. 50,000,000
New Orleans, LA, Canal Street Streetcar Project......... 22,000,000
New York, Long Island Railroad East Side Access Project. 13,500,000
New York, Second Avenue Subway.......................... 2,000,000
Newark-Elizabeth, NJ, Rail Link......................... 60,000,000
Northern Indiana South Shore Communter Rail Project..... 2,500,000
Oceanside-Escondido, CA, Rail Corridor.................. 13,600,000
Ogden to Provo, UT, Commuter Rail Corridor.............. 5,000,000
Orange County, CA, Centerline Light Rail Project........ 1,500,000
Pawtucket, RI, Layover Facility......................... 4,500,000
Pittsburgh, PA, North Shore Connector................... 7,025,000
Pittsburgh, PA, Stage II LRT Reconstruction............. 26,250,000
Portland, OR, Interstate MAX Light Rail Extension....... 70,000,000
Puget Sound, WA, Sounder Commuter Rail.................. 30,000,000
Raleigh, NC, Triangle Transit Regional Rail Service..... 9,000,000
Salt Lake City, UT, CBD to University LRT............... 68,760,000
Salt Lake City, UT, Medical Center LRT.................. 12,000,000
Salt Lake City, UT, North/South LRT..................... 720,000
San Diego, CA, Trolley Mission Valley East LRT Extension 65,000,000
San Francisco, CA, BART Extension to San Francisco
Airport............................................. 100,000,000
San Francisco, CA, Third Street Light Rail Extension
(Phase II).......................................... 1,500,000
San Jose, CA, Silicon Valley Rapid Transit Corridor
Project............................................. 250,000
San Juan, PR, Tren Urbano............................... 40,000,000
Scranton, PA to New York City, NY, Passenger Rail
Service............................................. 2,000,000
SEPTA, PA, Schuylkill Valley Metro Line................. 9,000,000
St. Louis, MO, Metrolink, St. Clair Extension........... 3,370,000
Stamford, CT, Urban Transitway.......................... 10,000,000
Vermont Transportation Authority Rolling Stock.......... 500,000
Virginia Railway Express project........................ 2,000,000
Washington, DC, Dulles Corridor Rapid Transit Project... 26,500,000
Washington DC/MD, Largo Extension....................... 60,000,000
Wilmington, DE, Train Station improvements.............. 2,000,000
Wilsonville-Beaverton Commuter Rail Line, OR............ 2,500,000
Job Access and Reverse Commute Grants
The conference agreement includes a total program level
of $150,000,000 for the job access and reverse commute grants
as proposed by both the House and the Senate. Within this
total, $30,000,000 is derived from the general fund. The
conference agreement includes a provision that waives the cap
for small urban and rural areas and provides that up to
$300,000 of the funds appropriated under this heading may be
used for technical assistance, technical support, and
performance reviews of the job access and reverse commute
grants program.
Of the total funding provided to the job access and
reverse commute grants program, $45,000,000 has been
transferred to the capital investment grants program instead of
a transfer of $25,000,000 as proposed by the Senate. The House
bill proposed no similar transfer. In addition, bill language
has been included that transfers the 1999 unobligated balances
from this program to the capital investment grants program.
Southeast Missouri Council.--Funding provided for fiscal
year 2002 for the Southeast Missouri Council shall also be made
available to the Mid-American Regional Council in Kansas City,
Missouri.
Funds appropriated for the job access and reverse commute
grants program are to be distributed as follows:
Project Name Conference Total
Alaska:
Alaska Mobility Coalition........................... $500,000
Kenai Peninsula Transit Planning.................... 500,000
MASCOT Matanuska-Susitna Valley..................... 200,000
Alabama:
Jefferson County.................................... 3,000,000
Arizona:
AJO to Phoenix Rural Express Bus Service............ 200,000
Maricopa County Worklinks Project................... 250,000
Southwest Transit Assessment & Review Team Bus Route
131............................................... 300,000
Valley Metro (RPTA), City of Phoenix................ 1,100,000
California:
AC Transit--CalWORKS................................ 2,000,000
County of Santa Clara Guaranteed Ride Home Program.. 500,000
East Palo Alto Shuttle Service...................... 700,000
LA County UTRANS.................................... 500,000
Los Angeles County, MTA Ride Share program.......... 875,000
Low-Income LIFT Program SF MTC...................... 1,000,000
SACOG Sacramento Region............................. 750,000
Sacramento Area..................................... 1,500,000
Southern California Regional Rail Authority,
Metrolink double tracking......................... 1,000,000
Colorado:
Colorado Statewide--Colorado Association of Transit
Agencies (CASA)................................... 800,000
Connecticut:
Connecticut statewide............................... 3,500,000
District of Columbia:
Georgetown Metro Connection--Washington, DC......... 1,100,000
WMATA (D.C., Maryland, and Virginia)................ 2,125,000
Delaware:
Delaware Welfare to Work Initiative................. 750,000
Florida:
HART Access to Jobs Program......................... 700,000
Jacksonville Trans. Authority Choice Ride Program... 1,625,000
Key West............................................ 1,000,000
LYNX Central Florida Regional....................... 200,000
Georgia:
Chatham............................................. 438,000
Macon-Bibb County Reverse Commute Program........... 775,000
Iowa:
Iowa Statewide...................................... 1,000,000
Illinois:
DuPage County Coordinated Paratransit Program....... 500,000
Illinois Ways to Work............................... 500,000
Rock Island County Mass Transit District (MetroLink) 180,000
Ways-to-Work--IL-MO................................. 1,000,000
Indiana:
Fort Wayne's Hanna Creighton Transit Center......... 750,000
IndyGo Service...................................... 1,000,000
Kansas:
KW Paratransit Vehicle.............................. 30,000
Mid America Regional Council (MARC)................. 500,000
Wyandotte County.................................... 1,150,000
Louisiana:
Lafayette Ways to Work Program...................... 100,000
Massachusetts:
Brockton Area Transit Authority..................... 225,000
Community Transportation Association of America..... 1,000,000
Northern Tier Dial-A-Ride........................... 400,000
Transportation Services of Northern Berkshire, Inc.. 400,000
Maryland:
Maryland Statewide (Montgomery County, $600,000).... 5,000,000
Michigan:
Flint Mass Transportation Authority................. 1,050,000
Grand Rapids/Kent County Job Access Plan............ 938,000
Minnesota:
Minneapolis/St. Paul, Met Council................... 1,000,000
Missouri:
Metrolink Corridor Access to Jobs................... 3,000,000
Metropolitan Kansas City Job Access Partnership..... 1,000,000
Missouri Statewide.................................. 1,400,000
Ways to Work Missouri............................... 225,000
North Carolina:
Community Transportation Association of America's
Joblinks Employment Transportation Initiative..... 1,000,000
Wake County Coordinated Transportation System....... 775,000
New Hampshire:
Lancaster-Littleton Transit Project................. 50,000
New Jersey:
New Jersey statewide................................ 5,000,000
New York:
Broome County Transit--Binghamton, NY............... 250,000
Capital District Transportation Authority Albany.... 275,000
Central NY Regional Transportation Authority........ 500,000
Chautauqua Area Rural Transportation System......... 50,000
Chemung County Transit.............................. 75,000
Columbia County..................................... 100,000
Franklin County Expansion of Hour Service........... 75,000
Hornell Trans. Alternatives for NY.................. 50,000
Ithaca service...................................... 75,000
MTA--Long Island Bus................................ 250,000
New York State DOT.................................. 500,000
Orange County....................................... 100,000
Rochester-Genesee Regional Transportation Authority
(RGRTA)........................................... 600,000
Tompkins Consolidated Area Transit, Tompkins County. 300,000
Ohio:
Central Ohio Transit Authority (COTA)--Mobility
Management........................................ 600,000
Greater Cleveland Regional Transit Authority........ 500,000
Northwest Ohio Commuter LINK Toledo................. 375,000
STEP-UP Job Access Project Dayton................... 125,000
Oklahoma:
Oklahoma Transit Association........................ 5,000,000
Oregon:
Jackson-Josephine County............................ 200,000
Oregon Ways to Work Loan Program.................... 250,000
Portland Metropolitan Region........................ 2,150,000
Salem Area Transit.................................. 500,000
Pennsylvania:
Port Authority of Allegheny County Access to Jobs... 4,000,000
SEPTA............................................... 5,570,000
Rhode Island:
Rhode Island Deployment of Flexible Services........ 750,000
Rhode Island Public Transit......................... 2,000,000
Tennessee:
Chattanooga......................................... 500,000
Knoxville........................................... 750,000
State of Tennessee.................................. 1,500,000
Texas:
Abilene Citylink Program............................ 100,000
Austin Capital Metros Access........................ 2,500,000
Citibus, Lubbock.................................... 230,000
Corpus Christi...................................... 1,225,000
East Texas Just Transportation Alliance (ETJTA):
Tyler Transit..................................... 200,000
El Paso............................................. 250,000
Galveston........................................... 600,000
San Antonio Access to Jobs Program.................. 1,088,000
Virginia:
City of Charlottesville............................. 375,000
Fairfax County, Short-Term Transit Improvements..... 1,600,000
Virginia Regional Transportation Association, Route
7 service/Dulles corridor......................... 200,000
Washington:
Community Transportation Association of America..... 150,000
WA WorkFirst Initiative............................. 4,750,000
Ways to Work--EPIC Yakima........................... 500,000
Wisconsin:
Wisconsin Statewide................................. 5,200,000
West Virginia:
West Virginia Statewide............................. 1,000,000
Saint Lawrence Seaway Development Corporation
Operations and Maintenance
(HARBOR MAINTENANCE TRUST FUND)
The conference agreement appropriates $14,086,000 for
operations and maintenance of the Saint Lawrence Seaway
Development Corporation.
Security.--The conferees applaud the initial security
efforts of the corporation and encourage the corporation to
continue the development of a high risk vessel assessment
protocol with assistance from the U.S. Coast Guard and
Transportation Security Administration.
FECA administrative costs.--The conferees have denied
funding proposed in the budget for FECA administrative costs.
This is consistent with actions taken DOT-wide.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
Research and Special Programs
The conference agreement appropriates $40,980,000 for
research and special programs instead of $40,677,000 as
proposed by the House and $43,725,000 as proposed by the
Senate. Within this total, $3,250,000 is available until
September 30, 2005, as proposed by the House, instead of
$3,342,000 as proposed by the Senate. The following adjustments
are made to the budget estimate:
Reduce funding for prior year budget decisions.......... -$265,000
Reduce funding for emergency transportation detailee.... -107,000
Reduce funding for new program support decisions........ -790,000
Reduce funding for new IT infrastructure................ -2,239,000
Reduce funding for FECA administrative costs............ -3,000
The conference agreement permits up to $1,200,000 in fees
be collected and deposited in the general fund of the Treasury
as offsetting receipts. Also, the conference agreement includes
language that permits funds received from states, counties,
municipalities, other public authorities and private sources
for expenses incurred for training, reports publication and
dissemination, and travel expenses incurred in the performance
of hazardous materials exemptions and approval functions. The
House and Senate proposed both of these provisions.
Prior year funding decisions.--The budget included
$265,000 for reimbursement of salary and administrative funding
that Congress did not provide in the fiscal year 2002
appropriations Act. The conference agreement deletes funding
for this purpose, as proposed by the House.
New positions.--The budget requested a total of fourteen
new positions for RSPA's information management program. The
conference agreement has provided a total of two of these new
positions, one security officer and one network administrator/
computer analyst, as proposed by the House.
Emergency transportation detailee.--RSPA requested
$100,000 to pay for an existing detailee position from the
Department of Defense to serve as a liaison officer in the
office of emergency transportation. Because this position is
filled by an employee of the Department of Defense, not RSPA,
and detailees are customarily paid for by the sponsoring
department, the conferees delete funding for this purpose, as
proposed by the House. An additional $7,000 is also denied for
FECA-related costs.
Information technology infrastructure.--The conference
agreement has reduced funding by $2,239,000 from the request
for computer infrastructure, for a total funding level of
$1,500,000, as proposed by the House. The conferees direct RSPA
to focus its information technology investment funding on
safety and security related mission critical areas, such as
pipeline safety and hazardous materials areas, as well as on
addressing the internal and external computer-related security
threats identified by the March 2002 security posture
assessment report.
The conference committee further directs that no
additional funds shall be expended for consulting costs for
RSPA's business modernization initiative until a new Strategic
Information Technology Plan is submitted, as proposed by the
Senate. Further, RSPA shall provide this new Strategic
Information Technology Plan, of no more than fifteen pages, to
the House and Senate Committees on Appropriations by May 15,
2003, also proposed by the Senate. The report should identify a
detailed infrastructure spending plan, including an itemization
of resources and the sequence in which RSPA addresses security
and infrastructure needs.
Operation Respond.--The conferees agree to provide an
additional $1,500,000 to further accelerate the establishment
of a national first responder emergency services network. Funds
should be used for pilot programs at the Ports of Los Angeles
and Long Beach, California, the Port of New York/New Jersey,
the Port of Mobile, Alabama, and the Port of Valdez, Alaska, to
provide chemical content verification and response information
for containers entering and exiting ports. Within the funds
provided, Operation Respond is also expected to address the
unique security concerns of rural America by developing model
first responder deployment programs in Eastern Kentucky.
FECA benefits.--The conference agreement has reduced
funding by $3,200 from the budget request for workers
compensation administrative costs, as proposed by the House.
User fees.--The conferees disagree with the budget
request to begin funding the hazardous materials safety program
from user fees, as proposed by both the House and Senate, and
deny this request.
PIPELINE SAFETY
(pipeline safety fund)
(OIL SPILL LIABILITY TRUST FUND)
The conference agreement provides a total of $63,842,000
for the pipeline safety program, instead of $58,697,000 as
proposed by the House and $63,857,000 as proposed by the
Senate. Within this total, $24,823,000 is available until
September 30, 2005, as proposed by the Senate, instead of
$22,786,000 as proposed by the House.
Of this total, the conference agreement specifies that
[$7,472,000] shall be derived from the Oil Spill Liability
Trust Fund and [$56,370,000] from the Pipeline Safety Fund. The
House bill allocated $7,472,000 from the Oil Spill Liability
Trust Fund and $51,225,000 from the Pipeline Safety Trust Fund.
The Senate bill provided $7,472,000 from the Oil Spill
Liability Trust Fund and $56,385,000 from the Pipeline Safety
Fund. The following adjustments are made to the budget
estimate:
Reduce funding for FECA administrative costs............ -15,000
Research and development.--Within the funds provided,
$600,000 shall be used for airborne environmental laser mapping
technology research and engineering to support improved leak
detection, analysis, and response by federal, state, and
industry pipeline safety officials.
FECA benefits.--The conference agreement has reduced
funding by $15,000 from the budget request for workers
compensation administrative costs, as proposed by the House.
Emergency Preparedness Grants
(EMERGENCY PREPAREDNESS FUND)
The conference agreement provides $200,000 for emergency
preparedness grants as proposed by both the House and the
Senate. The conference agreement includes a limitation on
obligations of $14,300,000, consistent with both the House and
Senate proposals.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The conference agreement includes $57,421,000 for the
office of inspector general, as proposed by the House and
Senate.
Surface Transportation Board
SALARIES AND EXPENSES
The conference agreement provides a funding level of
$19,450,000 for the Surface Transportation Board to fund
salaries and expenses from a direct appropriation, as proposed
by the House. The conference agreement includes language as
proposed by both the House and the Senate that allows the Board
to offset $1,000,000 of its appropriation from fees collected
during the fiscal year, for a total program level of
$18,450,000.
FECA administrative costs.--The conference agreement has
reduced funding by $9,100 from the budget request for workers
compensation administrative costs, as proposed by the House.
Union Pacific/Southern Pacific merger.--On December 12,
1997, the Board granted a joint request of Union Pacific
Railroad Company and the City of Wichita and Sedgwick County,
KS (Wichita/Sedgwick) to toll the 18-month mitigation study
pending in Finance Docket No. 32760. The decision indicated
that at such time as the parties reach agreement or discontinue
negotiations, the Board would take appropriate action.
By petition filed June 26, 1998, Wichita/Sedgwick and UP/
SP indicated that they had entered into an agreement, and
jointly petitioned the Board to impose the agreement as a
condition of the Board's approval of the UP/SP merger. By
decision dated July 8, 1998, the Board agreed and imposed the
agreement as a condition to the UP/SP merger. The terms of the
negotiated agreement remain in effect. If UP/SP or any of its
divisions or subsidiaries materially changes or is unable to
achieve the assumptions on which the Board based its final
environmental mitigation measures, then the Board should reopen
Finance Docket 32760 if requested by interested parties, and
prescribe additional mitigation properly reflecting these
changes if shown to be appropriate.
TITLE II--RELATED AGENCIES
Architectural and Transportation Barriers
Compliance Board
SALARIES AND EXPENSES
The conference agreement appropriates $5,194,000 for
salaries and expenses of the Architectural and Transportation
Barriers Compliance Board as proposed by both the House and the
Senate.
FECA administrative costs.--The conferees have denied
funding proposed in the budget for FECA administrative costs.
This is consistent with actions taken DOT-wide.
National Transportation Safety Board
SALARIES AND EXPENSES
The conference agreement appropriates $72,450,000 for the
salaries and expenses of the National Transportation Safety
Board instead of $71,270,000 as proposed by the House and
$72,500,000 as proposed by the Senate. This funding level is
$1,970,000 above the budget request and shall be used to
annualize 25 new positions, pay for true overtime costs for
investigators, and implement financial management control
initiatives that were recommended by an audit firm. No funding
has been provided for FECA administrative costs.
TITLE III
General Provisions
Sec. 301 allows funds for aircraft; motor vehicles;
liability insurance; uniforms; or allowances, as authorized by
law as proposed by both the House and Senate.
Sec. 302 requires pay raises to be funded within
appropriated levels in this Act or previous appropriations Acts
as proposed by both the House and Senate.
Sec. 303 limits appropriations for services authorized by
5 U.S.C. 3109 to the rate for an Executive Level IV as proposed
by both the House and Senate.
Sec. 304 prohibits funds in this Act for salaries and
expenses of more than 106 political and Presidential appointees
in the Department of Transportation, instead of 107 as proposed
by the House and 105 as proposed by the Senate. Sec. 304 also
includes a provision that prohibits political and Presidential
personnel to be assigned on temporary detail outside the
Department of Transportation or an independent agency funded in
this Act as proposed by the House. The Senate proposed no
similar provision.
Sec. 305 prohibits pay and other expenses for non-Federal
parties in regulatory or adjudicatory proceedings funded in
this Act as proposed by both the House and Senate.
Sec. 306 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly so
provided herein as proposed by both the House and Senate.
Sec. 307 limits consulting service expenditures of public
record in procurement contracts as proposed by both the House
and Senate.
Sec. 308 prohibits funds for the National Highway Safety
Advisory Commission as proposed by both the House and Senate.
Sec. 309 exempts previously made transit obligations from
limitations on obligations as proposed by both the House and
Senate.
Sec. 310 modifies the distribution of the Federal-aid
highway program proposed by the Senate. The House proposed no
similar provision.
Sec. 311 prohibits recipients of funds made available in
this Act to release personal information, including a social
security number, medical or disability information, and
photographs from a driver's license or motor vehicle record
without express consent of the person to whom such information
pertains; and prohibits the Secretary from withholding funds
provided in this Act for any grantee if a state is in
noncompliance with this provision as proposed by both the House
and Senate.
Sec. 312 prohibits funds to establish a vessel traffic
safety fairway less than five miles wide between Santa Barbara
and San Francisco traffic separation schemes as proposed by
both the House and Senate.
Sec. 313 allows airports to transfer to the Federal
Aviation Administration instrument landing systems as proposed
by both the House and Senate.
Sec. 314 allows funds for discretionary grants of the
Federal Transit Administration for specific projects, except
for fixed guideway modernization projects, not obligated by
September 30, 2005, and other recoveries to be used for other
projects under 49 U.S.C. 5309 as proposed by both the House and
Senate.
Sec. 315 allows transit funds appropriated before October
1, 2002, that remain available for expenditure to be
transferred as proposed by both the House and Senate.
Sec. 316 prohibits funds to compensate in excess of 350
technical staff years under the federally funded research and
development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems
Development as proposed by the House. The Senate included no
similar provision.
Sec. 317 provides funding of administrative expenses for
the Federal Motor Carrier Safety Administration and the Federal
Highway Administration.
Sec. 318 allows funds received by the Federal Highway
Administration, Federal Transit Administration, and the Federal
Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses
incurred for training may be credited to each agency's
respective accounts as proposed by both the House and Senate.
Sec. 319 allows funds made available for Alaska or Hawaii
ferry boats or ferry terminal facilities to be used to
construct new vessels and facilities or to improve existing
vessels and facilities, and for repair facilities as proposed
by the Senate. Sec. 319 also includes a provision proposed by
the Senate that allows not more than $3,000,000 of the funds
made available for ferry boats to be used by the State of
Hawaii to initiate and operate a passenger ferryboat services
demonstration project and waives U.S.C. 5302(a)(7). The House
contained no similar provision.
Sec. 320 allows funds received by the Bureau of
Transportation Statistics to be subject to the obligation
limitation for Federal-aid highways and highway safety
construction as proposed by both the House and Senate.
Sec. 321 exempts a general aviation airport with more
than 300,000 annual operations from having to accept scheduled
passenger service provided that the airport meets specific
conditions, as proposed by the Senate. The House included no
similar provision.
Sec. 322 prohibits the use of funds in this Act for
activities designed to influence Congress or a state
legislature on legislation or appropriations except through
proper, official channels as proposed by both the House and
Senate.
Sec. 323 permits funds from Public Law 106-69 and Public
Law 106-346 for the Wilmington, Delaware, downtown corridor
project to be available for Wilmington, Delaware, commuter rail
improvements, as proposed by both the House and Senate. In
addition, Section 323 permits funds from Public Law 106-346 for
Missoula Ravalli Transportation Management Administration buses
to be available for Missoula Ravalli Transportation Management
Administration buses and bus facilities, as proposed by the
Senate.
Sec. 324 requires compliance with the Buy American Act as
proposed by the Senate. The House included no similar
provision.
Sec. 325 transfers the operation and maintenance of the
localizer instrument landing system at Walnut Ridge Regional
Airport, Arkansas, to the Federal Aviation Administration, as
proposed by the Senate. The House included no similar
provision.
Sec. 326 transfers the operation and maintenance of the
air traffic control tower at Williams Gateway Airport, Arizona,
to the Federal Aviation Administration, as proposed by both the
House and the Senate.
Sec. 327 is a provision regarding a highway in Alaska, as
proposed by the Senate. The House included no similar
provision.
Sec. 328 authorizes the Secretary of Transportation to
allow issuers of any preferred stock to redeem or repurchase
preferred stock sold to the Department of Transportation as
proposed by both the House and Senate.
Sec. 329 prohibits funds in this Act unless the Secretary
notifies the House and Senate Committees on Appropriations not
less than three full business days before any discretionary
grant award, letter of intent, or full funding grant agreement
totaling $1,000,000 or more is announced by the department or
its modal administration, and $500,000 for the Transportation
Security Administration, as proposed by both the House and
Senate.
Sec. 330 appropriates $90,600,000 to the Secretary of
Transportation to make grants for surface transportation
projects as proposed by the Senate.
Project Name Conference Total
1000 North Road--Toole City, Utah....................... $500,000
14th Street Bridge Corridor, Virginia................... 2,500,000
236 Claggett Hill Road Construction with Lewis & Clark
Ferry Boat Facilities, Missouri River Montana....... 1,500,000
3RD Street North--St. Cloud, Minnesota.................. 500,000
Aberdeen SD to Geneseo ND Rail Repair, South Dakota..... 650,000
Adrian's Landing Urban Development Roadway Realignment
Project, Hartford, Connecticut...................... 5,000,000
Alameda-Contra Costa transit district (SatCom),
California.......................................... 1,000,000
Albany waterfront development Corning Preserve, New York 250,000
Alcove Road Relocation Project--Morrisville, North
Carolina............................................ 750,000
American Tobacco Trail Project, Wake County, North
Carolina............................................ 500,000
Analysis and improvements on consistent shoulder width
on Route 9, Virginia................................ 500,000
Analysis for new bridge to relieve congestions at US
Highway 175 in Kaufman County, Texas................ 600,000
Anderson County South Carolina Transit, South Carolina.. 3,000,000
Anderson Economic Thoroughfare, Illinois................ 500,000
Ann Arbor transit center, Michigan...................... 1,000,000
Anniston East Bypass--Anniston, Alabama................. 1,000,000
Arkwright Connector Spartanburg, South Carolina......... 1,000,000
Aroostook County North-South Highways, Maine............ 4,500,000
Artesia traffic enhancement, City of Artesia, California 1,200,000
Assembly Street railroad consolidation and grade
crossing elimination, South Carolina................ 600,000
Atlantic Avenue Extension, Jamaica, New York............ 1,500,000
ATMS/ATIS Hutchinson River Parkway, New York............ 2,000,000
Austin Road Interchange, Ohio........................... 250,000
Baldwin County, Georgia, greenway development........... 100,000
Baseline Road Project, Isabella County, Michigan........ 1,475,000
Bashford Manor Lane, Kentucky........................... 300,000
Bay County Area Wide Traffic Signal System, Florida..... 1,000,000
Bettes Corner Bridge, Ohio.............................. 1,500,000
BIA Route 13/Route 1 Project Makah, Vermont............. 5,400,000
Black Narrows & Chinoteague Bridge, Virginia............ 650,000
Boston Long Island Pier ADA Compliance, Massachusetts... 200,000
Bremerton Ferry Exit Tunnel, Washington................. 1,500,000
Bridgeport High Speed Ferry Terminal Improvements,
Connecticut......................................... 500,000
Broomsfield Wadsworth Interchange, Colorado............. 3,750,000
Brown Road Bridge, Anderson County, South Carolina...... 1,500,000
Brownsville Railroad Relocation, Texas.................. 2,000,000
Canal Streetcar Project, New Orleans, Louisiana......... 4,000,000
Cape Flattery Tribal Scenic Byway paving project,
Washington.......................................... 2,500,000
Capitol Circle widening, Leon County, Florida........... 1,000,000
Caraway Road Overpass Project Jonesboro, Arkansas....... 1,000,000
Cass Lake Interpretive Center, Minnesota................ 600,000
Chinatown Intermodal Station, California................ 1,500,000
Chinese Community Center, Chinatown Study, New York..... 750,000
Citizen's Block/Historic Vernon Downtown Revitalization,
Connecticut......................................... 500,000
City of Alexandria, Virginia, intelligent transportation
system (Alexandria ITS, King/Braddock/Quaker)....... 750,000
City of Baltimore public waterfront promenade, Maryland. 500,000
City of Madison Railroad Relocation Project, Mississippi 100,000
City of Madison, Wisconsin State Street Strategic Plan
Revitalization Project.............................. 2,000,000
City of Pico Rivera, Rosemead Blvd Improvements,
California.......................................... 400,000
City of Rochester harbor and ferry terminal
improvements, New York.............................. 2,000,000
City-wide automobile insurance feasibility study,
Philadelphia, Pennsylvania.......................... 100,000
Clay/Leslie Industrial Park Access, Kentucky............ 1,750,000
Coast Transit Authority, Harrison County, Mississippi... 500,000
Compton Willow Creek ITS project, California............ 500,000
Concord Parkway Traffic Signals System Integration,
Concord, North Carolina............................. 1,400,000
Continental 1, New York................................. 1,500,000
Coronado Tunnel, California............................. 750,000
Council Bluffs US-6 Study/Preliminary Design, Iowa...... 1,424,000
CR-1133 in Monroe County--Kettle Creek Bridge, Kentucky. 130,000
Cuyahoga Scenic Rail Line (Canton-Akron-Cleveland
Commuter Rail Project), Ohio........................ 3,000,000
Detroit city center study, Michigan..................... 300,000
Detroit Department of Transportation Transit Facility,
Michigan............................................ 2,000,000
Develop of Elyria Downtown Waterfront Walk, Elyria, Ohio 500,000
Dothan, I-10 Freeway Connector, Alabama................. 5,000,000
Dubuque Southwest Arterial, Iowa........................ 2,000,000
Dynamic Message Sign (DMS) camera deployment and
integration program, Monroe County, New York........ 1,000,000
East Chicago Railroad Ave. Grade Crossing Separation,
Indiana............................................. 2,435,000
Elkhart Underpass, Indiana.............................. 4,000,000
Englewood Interstate Connector--Sarasota County, Florida 1,000,000
Enhanced fencing, lighting, and security cameras at Port
of Milwaukee, Wisconsin............................. 250,000
Extension of Sallee Street from Washington to Historic
Route 66--Litchfield, Illinois...................... 664,000
Fall River-Route 79 Improvements, Massachusetts......... 1,000,000
Farrington Highway, Hawaii.............................. 1,000,000
FAST Corridor Project, Washington....................... 10,000,000
Feasibility study, Granbury, Hood County, Texas......... 650,000
Ferry Facilities, Key West, Florida..................... 1,000,000
Ferry service from Rockaway Peninsula to Manhattan
(Jamaica Bay Transportation Hub), New York.......... 400,000
Franklin Park Rail-Grade Separation, Illinois........... 500,000
Freedom Road Corridor Improvements--Butler County,
Pennsylvania........................................ 250,000
Freeway Interchange at Lammers Road and I-205, Tracy,
California.......................................... 1,000,000
Freight Enhancement KY Highlands, Kentucky.............. 3,000,000
GA SR 316 Improvements--Gwinnett, Barrow, Oconee
Counties, Georgia................................... 2,000,000
Garden Parkway Bypass (US 321/740), North Carolina...... 750,000
General Mitchell International Airport Passenger Rail
Station, Wisconsin.................................. 4,000,000
Girdwood Road Improvements, Alaska...................... 10,000,000
Grade separations at Front Street and Bagley Road, Berea
Ohio................................................ 500,000
Granite Street Bridge Project, New Hampshire............ 8,000,000
Gravina Bridge, Ketchikan, Alaska....................... 2,000,000
Great River Economic Development Foundation, Arkansas
study of Osceola, Arkansas, to Millington, Tennessee
parkway, include new bridge crossing Mississippi
River............................................... 250,000
Greenwood Rail Relocation, Greenwood, Mississippi....... 1,000,000
Harden Street improvements Columbia, South Carolina..... 500,000
Harlingen Railroad Relocation Project, Texas............ 200,000
Hatteras Inlet ferry connecting Ocracoke Island and
North Carolina Outer Banks, North Carolina.......... 400,000
Hawkins Crossing, I-20/59 Interchange, Meridian,
Mississippi......................................... 4,500,000
Hiawatha pedestrian/bicycle crossing, 28th Street,
Minneapolis, Minnesota.............................. 2,900,000
High Street Revitalization, Lawrenceburg, Indiana....... 1,000,000
Highway 21, Missouri.................................... 340,000
Highway 212 between Norwood Young America and Cologne in
Carver County, Minnesota............................ 500,000
Highway 30, Kentucky.................................... 3,000,000
Highway 52 Corridor Plan, Intersection of US Hwy 52 at
Dakota City, Road 47, Minnesota..................... 1,000,000
Highway 537--Cane Ridge Road, Kentucky.................. 675,000
Highway 71, Alma-Greenwood, Arkansas.................... 1,000,000
Highway Improvements along T.H. 13 corridor near Ports
of Savage, Minnesota................................ 1,000,000
Highway 19 Bridge Replacement, Hermann, Missouri........ 2,000,000
Honeybranch Regional Business Park Access Road, Kentucky 1,650,000
Hoover Dam Bypass New Bridge downstream of Dam, Nevada.. 5,000,000
Hot Metal Bridge, Pennsylvania.......................... 250,000
Hotze Road--Salem, Illinois............................. 1,000,000
Houston, Texas Main Corridor Revitalization Project..... 1,000,000
HUB Business District Project, New York................. 2,000,000
Hunt County, Texas...................................... 1,000,000
Huntsville Federal Building, Alabama.................... 600,000
``I'' Road from FM 495 to US281, Hidalgo County, Texas.. 1,250,000
I-10 Freeway/Cypress Ave. Grade Separation Project,
California.......................................... 500,000
I-10 Irvington Interchange, Alabama..................... 4,000,000
I-12/Northshore Boulevard-Airport Road Interchange
Improvements, St. Tammany Parish, Louisiana......... 1,000,000
I-12/US 190 West Covington Bypass, St. Tammany Parish,
Louisiana........................................... 1,050,000
I-15 Layton Interchange Project, Utah................... 1,500,000
I-16/I-516 Interchange design and reconstruction,
Georgia............................................. 1,000,000
I-20 Garrett Road Monroe, Louisiana..................... 500,000
I-235/Harrison Avenue off-ramp and Walnut Avenue
Relocation, Oklahoma................................ 1,200,000
I-26 Little Mountain interchange improvements, South
Carolina............................................ 500,000
I-295 Interchange @ Meadowville Road--Chesterfield
County, Virginia.................................... 1,700,000
I-35--Comal County, Texas............................... 500,000
I-35 East/I-635 interchange, Texas...................... 1,000,000
I-35-E Widening Dallas and Ellis Counties, Texas........ 3,000,000
I35W Lake Street Access, Minnesota...................... 9,000,000
I-40 Crosstown Expressway realignment, Oklahoma City,
Oklahoma............................................ 3,000,000
I-405 Corridor Tukwila to Lynnwood, Washington.......... 2,000,000
I-44 Yake Avenue to Arkansas River, Oklahoma............ 500,000
I-44, Phelps County, Missouri........................... 2,250,000
I-49 Northern Extension, Louisiana...................... 3,000,000
I-49 Southern Extension, Louisiana...................... 3,000,000
I-5 Widening at Del Mar Heights Road, San Diego,
California.......................................... 2,000,000
I-5/SR 56 Connectors, California........................ 1,500,000
I-5/SR 78 Interchange, Oceanside, California............ 500,000
I-540 and Perry Road Interchange, Rogers, Arkansas...... 1,600,000
I-55 Church Rd. to TN State Line DeSoto County,
Mississippi......................................... 10,000,000
I-59 & FM 2919, Isleib, Texas........................... 3,000,000
I-65 Connector, Florida................................. 250,000
I-65/70 Market Square Redesign/Replace ramp, Indiana.... 4,500,000
I-66/Rt 29 Interchange, Prince William County, Virginia. 1,500,000
I-69 Anderson to Flagship Park Center, Indiana.......... 1,000,000
I-69 Construction, Texas................................ 2,500,000
I-69 Corridors 18 and 20, Texas......................... 4,000,000
I-69 Evansville to Indianapolis, Indiana................ 500,000
I-70/MD85/MD355 intersection reconstruction, Maryland... 1,000,000
I-73 North Carolina State line to Myrtle Beach, South
Carolina............................................ 3,000,000
I-75 noise barrier--Lexington, Kentucky................. 750,000
I-75, Lee County, Florida............................... 500,000
I-75/I-475 Systems Interchange Upgrade at North Cove,
Ohio................................................ 1,100,000
I-80 from Delaware Water Gap to Blakeslee, Pennsylvania. 850,000
I-90 Exit 32 Interchange at Sturgis, South Dakota....... 3,000,000
I-91 North ITS from Northhampton to Bernardston,
Massachusetts....................................... 600,000
I-95 Harbor Access, New Haven, Connecticut.............. 2,000,000
I-96/Cedar/Pennsylvania Interchange, Michigan........... 700,000
I-99 Frankstown Road, Pennsylvania...................... 1,000,000
IL 6 Extension to Chillicothe, Illinois................. 750,000
Image-based toll collection system project, California.. 750,000
Improved access to Dyess Air Force Base, Texas.......... 850,000
Indiana Dunes National Lakeshore (IDNL) hike/bike trail
and pedestrian bridge/overpass, Indiana............. 25,000
INDOT US-31 Environmental and Design study, Indiana..... 500,000
Industrial park access improvements, Escambia County,
Atmore, Alabama..................................... 1,250,000
Infrastructure Improvements, Sunnybrook Neighborhood,
Bay Shore, New York................................. 175,000
Installation of a TL-2 warning/positive protection gate
at Railroad/Grade crossing projects, Alabama........ 2,000,000
International Airport Intermodal Facility, Harrisburg,
Pennsylvania........................................ 1,500,000
Intersection of KY 3 and 40, Kentucky................... 4,000,000
Isleta Boulevard Project, Bernaslillo, New Mexico....... 1,500,000
Japonski Island Road, Alaska............................ 1,000,000
Jefferson Boulevard, Kentucky........................... 500,000
Johnsontown Road, Kentucky.............................. 1,000,000
Juneau Heliport, Alaska................................. 1,000,000
Kannapolis Parkway & I-85 Interchange--Kannapolis, North
Carolina............................................ 500,000
Kansas Lane Connector Road alignment project, Monroe,
Louisiana........................................... 500,000
King Coal Highway Mercer County, West Virginia.......... 9,000,000
Kitsap Transit, Sidney Landing Terminal, Washington..... 2,000,000
Knob Creek Road and Mountain View Road--Washington
County, Tennessee................................... 1,270,000
LA 18 Widening--Jefferson Parish, Louisiana............. 750,000
LA 37/US 190 Centrual Thruway Connector, Louisiana...... 3,000,000
LA-820 Lincoln Parish, Louisiana........................ 500,000
Lawrence Connector, Illinois............................ 750,000
Lee Highway & Chain Bridge Road intersection
improvements--(Rt 29/50 & 123), Virginia............ 2,000,000
Lenexa Prairie Star Expressway, Kansas.................. 2,750,000
Lexington Bridge Cowlitz-Wahkiakum, Washington.......... 6,000,000
Libertyville Traffic Management Center, Illinois........ 1,000,000
Long Branch Road, Meade County, Kentucky................ 1,000,000
Louisville-Southern Indiana Ohio River Bridges Project,
Indiana............................................. 3,000,000
Lyndale Avenue Bridge, Richfield, Minnesota............. 3,000,000
Mahoning River Corridor of Opportunity Industrial Park
Roadway Improvement, Ohio........................... 50,000
Manhattan Bridge Physical Security Assessment, New York. 850,000
Maricopa County, AZTech integrated emergency and
transportation communication network, Arizona....... 3,000,000
Marquette Interchange Reconstruction, Milwaukee,
Wisconsin........................................... 1,500,000
Marsh-Billings-Rockefeller Park Pedestrian Walkway,
Vermont............................................. 380,000
Martin Luther King Jr. Parkway Des Moines, Iowa......... 3,000,000
Matanuska-Susitna Borough Road Improvements, Alaska..... 3,500,000
McCleary Bridge, Wausau, Wisconsin...................... 6,000,000
Melrose Park Rail-Grade Separation, Illinois............ 750,000
Memphis Airport, Plough Boulevard Access Road Project,
Tennessee........................................... 2,700,000
Metlakatla/Walden Point Road, Alaska.................... 2,000,000
Miami-Dade County 7th Avenue Bus Transfer Center,
Florida............................................. 500,000
Mission Trails Project Packages 4 and 5, San Antonio,
Bexar County, Texas................................. 750,000
Missouri River Trail, North Dakota...................... 1,000,000
Missouri River Two State Bridge Project, Nebraska....... 750,000
Missouri-Kansas Bistate I-35 Commuter Rail project--
Johnson County, Kansas.............................. 400,000
Mobile Port, Waterfront & Transportation Initiative/
Maritime Center of the Gulf of Mexico, Alabama...... 1,000,000
Monroe Township Intersection Signalization Project, New
Jersey.............................................. 500,000
Monticello Street Overpass, Kentucky.................... 7,750,000
Montpelier Downtown Redevelopment Project, Vermont...... 1,500,000
Mt. Vernon Veterans Memorial Overpass, Mt. Vernon,
Illinois............................................ 1,000,000
Naknek Lake Camp Road, Alaska........................... 3,400,000
Needs assessment study of the I-84/Route 8 interchange,
Waterbury, Connecticut.............................. 1,000,000
New Luke Road Trade Corridor Access Project, Texas...... 250,000
New Orleans/E. 101st South Widening from Elm Place to
State Hwy, 51--Broken Arrow, Oklahoma............... 500,000
New road through former Kelly Air Force Base, Texas..... 850,000
Newport Harbor water shuttles, Newport, Rhode Island.... 450,000
North Carolina Division of Motor Vehicles, Hillsborough
weigh station Orange County......................... 1,000,000
North Carolina State University Transportation Center... 2,000,000
North Memphis Street District Redevelopment and
Revitalization Project, Mississippi................. 500,000
North Salina Street Corridor--Syracuse, New York........ 750,000
Northeast Illinois Rail Capacity Initiative, Illinois... 5,000,000
Northern Forum, Alaska.................................. 500,000
Norwestern Highway Extension, Michigan.................. 1,500,000
Oakland County Smart Corridor and Emergency Routing
System, Michigan.................................... 4,800,000
Ogden Avenue Improvement/Renovation, Missouri........... 1,000,000
Ohio Valley Children's Home South Industrial Park
(Greene County) Xenia, Ohio......................... 1,000,000
Old Dominion University Maglev Project Norfolk, Virginia 2,000,000
Ole Town Niporno Pedestrian Enhancements, California.... 100,000
Palm Beach County Water Taxi Facilities Project, Florida 1,000,000
Panama City Beach Florida West Bay Bridge Project,
Florida............................................. 2,000,000
Patuxent River Naval Air Station Museum and Visitor
Center, Maryland.................................... 3,400,000
Peach Street Corridor Improvement Project, Pennsylvania. 2,000,000
Pedestrian circulation study & improvements in town of
Hillsboro Route 704/Route 9 intersection, Virginia.. 1,500,000
Pennsylvania Avenue Improvement Project, Washington, DC. 11,100,000
Phalen Boulevard, Minnesota............................. 1,000,000
Pierre Rail Bypass, South Dakota........................ 4,000,000
Pomeroy-Mason Bridge Mason County, West Virginia........ 4,500,000
Ponce De Leon Inlet Water Taxi, Volusia County, Florida. 750,000
Port Everglades-Fort Lauderdale/Hollywood Airport Return
Loop, Florida....................................... 1,500,000
Port Knik Bridge, Alaska................................ 5,000,000
Port of Garfield Road & Bridge Road, Washington......... 500,000
Portland Safety Enhancement, Maine...................... 1,000,000
Ports to Plains Corridor development management plan,
Texas............................................... 2,000,000
Queens Plaza Roadway rebuilding project, Long Island
City, New York...................................... 500,000
Rail Crossing Safety Project (OK DOT)--Edmund, Oklahoma. 1,500,000
Railroad Avenue Extension, Berkeley County, South
Carolina............................................ 1,000,000
Ramsey Street extension, Banning, California............ 1,750,000
Reconstruction of Dakota Street--Aberdeen, South Dakota. 500,000
Reconstruction of I-135, Sedgwick County, Kansas........ 1,000,000
Rehabilitation of County Route 37 and Alternate Route
37, Jefferson County, New York...................... 750,000
Rehabilitation of the Waldo-Hancock Bridge, Maine....... 4,000,000
Road/trail/bikeway along Delaware River, Pennsylvania... 550,000
Rockville, Maryland pedestrian access................... 150,000
Roosevelt Connector, Pinellas County, Florida........... 10,000,000
Route 1 Corridor Program, American Samoa................ 500,000
Route 11--Connecticut Greenway Commission............... 1,000,000
Route 123 Ox Road--widening (Davis Dr to county line),
Fairfax, Virginia................................... 3,500,000
Route 14 Truck Bypass Project Huron, South Dakota....... 1,500,000
Route 15 Safety Improvements, Virginia.................. 3,000,000
Route 20 North and Camden Ave Bypass, Buckhannon, West
Virginia............................................ 235,000
Route 24/I-40 Interchange, Massachusetts................ 1,000,000
Route 28/Westfield Circle, New Jersey................... 200,000
Route 39 Widening--West Hanover Township Interchange,
Pennsylvania........................................ 1,000,000
Route 52 Causeway Replacement and Somers Point Circle
Elimination, New Jersey............................. 1,000,000
Route 80 Paterson Interchange, New Jersey............... 400,000
Rt. 12 Corridor Improvement Project, NY................. 5,000,000
Russell St. Viaduct Replacement (MD295) Baltimore,
Maryland............................................ 5,000,000
Saddle Road improvement, Hawaii......................... 4,000,000
Safety Enhancement on Sherman Way between De Sota and
Topanga Canyon, California.......................... 250,000
San Francisco, Muni, automatic vehicle location/GPS,
California.......................................... 2,000,000
Santa Cruz Branch Rail Line Acquisition, California..... 1,500,000
Santa Fe/El Dorado Commuter Rail Line, New Mexico....... 1,000,000
Sayville, New York, pedestrian improvements............. 100,000
SC Inroads ITS (SCDOT), South Carolina.................. 1,500,000
Schuylkill Transportation System, Pennsylvania.......... 500,000
Seward loading facility, Alaska......................... 9,600,000
SH 6 at Waco, South Bosque River Bridge, McLennan
County, Texas....................................... 4,000,000
SH121/Grandview Grade Separation--Jefferson County,
Colorado............................................ 500,000
SH24 across Delta County, Texas......................... 750,000
South & East Beltway System Construction, Nevada........ 3,000,000
Southbound Hurstbourne Lane, Kentucky................... 1,000,000
Southeast Main Avenue/20th/21st Street Railroad Grade
Separation Project, Minnesota....................... 1,000,000
Southern Beltway (I-215) upgrade project from Pecos Road
to Stephanie Street and from Interstate 15 to Pecos
Road, Clark County, Nevada.......................... 750,000
Southern Kentucky Intermodal Park, Kentucky............. 2,000,000
Southport and Fort Fisher Ferry Terminals, North
Carolina............................................ 500,000
Southwestern Minnesota Regional Railroad Rehabilitation
Project (MVRRA), Minnesota.......................... 2,000,000
Springfield Regional ITS, Missouri...................... 1,500,000
SR 138 GA Hwy 20 Beautification Initiative, Rockdale
County, Georgia..................................... 1,000,000
SR 67/605 in Saucier, Mississippi....................... 3,000,000
SR 93/US 22 Connector Route (relocation), Ohio.......... 1,000,000
SR104/Hood Canal Bridge east half replacement,
Washington.......................................... 3,000,000
SR-332 Reconstruction at I-69, Delaware County, Indiana. 1,000,000
SR-99/Alaskan Way Viaduct & Seattle Seawall Replacement,
Washington.......................................... 2,000,000
State Highway 128, Carlsbad, New Mexico................. 1,200,000
State of Vermont, construction of Allen Point Ferry and
ferry terminal facilities, Vermont.................. 200,000
State Route 905, San Diego, California.................. 1,000,000
Stillman College, Alabama............................... 4,500,000
Suffolk Bike Trails, Virginia........................... 500,000
Sumnter Intermodal Center, South Carolina............... 2,000,000
Sunnyside South First St. Reconstruction, Washington.... 1,500,000
Tank Destroyer Boulevard, Fort Hood, Texas.............. 2,000,000
Tate's Bluff Arkansas Replacement Bridge, Arkansas...... 1,125,000
Tippecanoe/I-10 Interchange and medical center access,
San Bernardino, California.......................... 3,000,000
Toll Road Repayment of Bonds, Kentucky.................. 13,000,000
Trail Extension at Mount Vernon Circle, Virginia........ 400,000
TRANSCOM regional architecture and TRANSMIT and IRVN
projects, New Jersey................................ 400,000
Tri-County Industrial Access Road--Corbin, Kentucky..... 850,000
Tri-State Highway/Rail Container Transfer Facility
Study, West Virginia................................ 75,000
Tucson Railroad Grade Crossing Project, Arizona......... 1,000,000
Tuscaloosa Downtown Revitalization Project, Alabama..... 5,000,000
Tuscaloosa Eastern Bypass, Alabama...................... 10,000,000
Two Medicine River Bridge, Montana...................... 2,000,000
U.S. Route 33, West Virginia............................ 453,000
Umatilla Intermodal Facility, Oregon.................... 2,800,000
Union Gap Valley Mall Blvd., Washington................. 1,500,000
University of Alabama at Huntsville..................... 20,000,000
Urban Education Development Research and Retreat Center,
Transportation Education and Career Institute,
Pennsylvania........................................ 100,000
US 15 Market Street Bridge Replacement, Williamsport,
Lycoming County, Pennsylvania....................... 3,475,000
US 278 Corridor--Beaufort, South Carolina............... 2,000,000
US 287 Wiley Junction--Wiley, Connecticut............... 4,000,000
US 30--Mississippi River Bridge Study--Clinton County,
Iowa................................................ 800,000
US 41 Upgrade--Henderson County, Kentucky............... 150,000
US 441/SR 7 Corridor Study--Broward County, Florida..... 1,000,000
US 45--Lake County, Illinois............................ 1,500,000
US 67--Rushville, Illinois.............................. 500,000
US 77/177 Four Lane, Oklahoma........................... 900,000
US Highway 29 Signal Integration--Kannapolis, North
Carolina............................................ 500,000
US route 220 Upgrade--Pendelton County, West Virginia... 128,000
US Route 42 & US Route 35 Upgrade Study, Wilberforce,
Ohio................................................ 250,000
US-14 Expansion and Improvements, Minnesota............. 1,500,000
US 231 Southbound Tennessee River Bridge Replacement,
Alabama............................................. 6,000,000
US-395 North Spokane Corridor, Washington............... 4,000,000
US-412, AR between Mount Home and Viola, Arkansas....... 1,500,000
US-412, Arkansas........................................ 1,750,000
US-5 Improvements from Derby to Barton, Vermont......... 1,000,000
US-63/I-70 Interchange Improvements, Missouri........... 10,000,000
US-81 & Highway 30 Arterial Improvements, Columbus,
Nevada.............................................. 2,461,000
US-93 Westside Kalispell Bypass Project, Montana........ 2,250,000
Valdez, Alaska, ferry and dock facilities............... 500,000
Ventura County Highway Video Camera Monitoring Project,
California.......................................... 500,000
Village of Newberry, downtown roadway improvement
project, Michigan................................... 500,000
Waipol Road, Hawaii..................................... 1,000,000
Waukee/West Des Moines I-80 Interchange, Iowa........... 2,500,000
Wayne County Road Information Management System (RIMS),
Wayne County, Michigan.............................. 2,500,000
West Broadway Bridge, Paterson, New Jersey.............. 350,000
Widening and rehabilitation of FM 2500, Polk County,
Texas............................................... 850,000
Willow Road, Town of Lynn, Wisconsin.................... 1,000,000
Winthrop commuter ferry project, Massachusetts.......... 500,000
Wisconsin 29 and Marathon County Y intersection,
Wisconsin........................................... 1,000,000
Wichita ITS (ITS Traffic/Emergency Operations Ctr and
transit ITS), Kansas................................ 4,000,000
Woodland Avenue Bridge Repair, Cleveland, Ohio.......... 750,000
WSU Composite Applications for Ferries, Washington...... 1,000,000
WV Route 10 Logan County, West Virginia................. 8,000,000
WV Route 9 Jefferson and Berkeley Counties, West
Virginia............................................ 10,000,000
Sec. 331 prohibits funds for engineering work related to
an additional runway at New Orleans International Airport, as
proposed by the House. The Senate proposed no similar
provision.
Sec. 332 prohibits funds for the design or construction
of a light rail system in Houston, Texas, as proposed by the
House. The Senate proposed no similar provision.
Sec. 333 rescinds $90,000,000 of funds provided in
section 101(a)(2) of Public Law 107-42, as proposed by the
Senate. The House included no similar provision.
Sec. 334 requires a National Academy of Sciences study
regarding the shipment of spent nuclear fuel from research
nuclear reactors, as proposed by the Senate. The House included
no similar provision.
Sec. 335 prohibits funds in this Act to be used to adopt
guidelines or regulations requiring airport sponsors to provide
the Transportation Security Administration or the Federal
Aviation Administration ``without cost'' buildings,
maintenance, or space for TSA or FAA services as proposed by
both the House and Senate. The prohibition does not apply to
negotiations between TSA or FAA and airport sponsors concerning
``below market'' rates for such services or to grant assurances
that require airport sponsors to provide land without cost to
the FAA for air traffic control facilities.
Sec. 336 designates the city of Norman, Oklahoma, to be
considered part of the Oklahoma City Transportation Management
Area for fiscal year 2003, as proposed by both the House and
the Senate.
Sec. 337 allows the FAA to accept funds from an airport
sponsor for specific staffing purposes to expedite the
environmental review process, as proposed by the Senate. The
House included no similar provision.
Sec. 338 allows grants for the construction of an air
traffic control tower and the acquisition or installation of
equipment to be used in the tower at Double Eagle II Airport,
New Mexico, as proposed by the Senate. The House contained no
similar provision.
Sec. 339 allows States to use funds provided under
section 402 of title 23, U.S.C. to produce and place highway
safety public service messages related to seat belt usage and
impaired driving. The provision allocates: $10,000,000 for
innovative seat belt projects under Section 157, $10,000,000
for use by the States to purchase advertising for national
mobilizations under Section 163, and $1,000,000 for evaluation
of alcohol-impaired driving program messages under Section 163.
The House and Senate bills contained similar provisions.
Sec. 340 modifies a provision from the fiscal year 2002
appropriations Act regarding the Coast Guard Yard at Curtis
Bay, Maryland, and other Coast Guard specialized facilities, as
proposed by the Senate. The House proposed no similar
provision.
Sec. 341 prohibits funds for the Office of the Secretary
of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, unless such assessments or
agreements have completed the normal reprogramming process for
Congressional notification as proposed by both the House and
the Senate.
Sec. 342 prohibits funds from being used to issue,
implement, or enforce a regulation that diminishes or revokes
an exemption authorized under section 345 of the National
Highway System Designation Act of 1995, as proposed by the
House. The Senate included no similar provision.
Sec. 343 rescinds unexpended balances of the Local Rail
Freight Assistance program of $690,287 and makes $690,287
available to the State of Iowa for a rail rehabilitation
project on the Iowa Northern Railway.
Sec. 344 appropriates funding and enables the Secretary
of Transportation to make grants for surface transportation
projects.
Sec. 345 amends section 1602 of TEA-21 (112 Stat. 272) to
allow changes to projects in Louisiana, Pennsylvania, New York,
Alabama and Texas; authorizes an eligibility change for Alaska
under FTA's section 5309 program; transfers funds in California
and Texas contained in P.L. 103-331; amends P.L. 97-468
relating to the Alaska Railroad; and modifies agreements in
California relating to the financing of toll roads, as proposed
by the House. The Senate included no similar provisions.
Sec. 346 prohibits the Federal Motor Carrier Safety
Administration from developing or implementing a pilot program
to allow commercial drivers 18 to 20 years old to operate the
trucks and buses of motor carriers in interstate commerce, as
proposed by the House. The Senate included no similar
provision.
Sec. 347 amends the Intermodal Surface Transportation
Efficiency Act of 1991 to extend the exemption from the federal
axle weight restrictions to include over-the-road buses, as
proposed by both the House and the Senate.
Sec. 348 extends a provision from the fiscal year 2002
appropriations Act regarding the safety of cross-border
trucking between the United States and Mexico, including the
annual report on the safety and security ofMexico-domiciled
motor carriers operating in the United States, as proposed by the
House. The Senate included a similar provision.
Sec. 349 prohibits funds in this Act from being
transferred without express authority, as proposed by the
House. The Senate included no similar provision.
Sec. 350 requires Amtrak to submit an annual report to
the appropriate Congressional Committees detailing their per
passenger operating loss for each rail line, as proposed by the
House. Amtrak's grant request shall include the following
appendices: (1) per passenger operating loss by route; and (2)
each route's net loss when comparing the route's revenues
opposite its full operating costs, capital costs, and
depreciation costs using Generally Accepted Accounting
Principles (GAAP).
Sec. 351 modifies House language amending language in the
Aviation and Transportation Security Act, to allow the use of
State and local law enforcement officers to fulfill Federal
responsibilities at airports. The Senate included no similar
provision.
Sec. 352 modifies a House provision relating to stadium
overflights. The Senate included no similar provision. The
conferees note that, under the modified House provision, the
Secretary may issue waivers to certain aircraft including
blimps subject to the conditions specified in the provision.
Sec. 353 restricts procurement of Coast Guard ships
unless they are in compliance with the Buy American Act, as
proposed by the House. The Senate included no similar
provision.
Sec. 354 amends section 13703 of title 49, United States
Code, by allowing the Surface Transportation Board to approve
applications from truck rate bureaus seeking to publish
national rates, as proposed by the House. The Senate included
no similar provision.
Sec. 355 restricts funds to apply or enforce a regulatory
requirement for strengthening flight deck doors until further
review by the Transportation Security Administration, as
proposed by the House. The Senate included no similar
provision.
Sec. 356 amends the non-Federal match requirements for
the Alaska Railroad, as proposed by the Senate. The House
included no similar provision.
Sec. 357 is a provision regarding the Hoover Dam Bypass
Bridge, as proposed by the Senate. The House contained no
similar provision.
Sec. 358 prohibits funds in the Act to any person or
entity convicted of violating the Buy American Act, similar to
that proposed by the Senate. The House contained no similar
provision.
Sec. 359 retains a provision proposed by the Senate
allowing discretionary bridge funding to be used for historic
covered bridges. The House contained no similar provision.
Sec. 360 modifies a provision requiring quarterly reports
on major Coast Guard acquisitions and the agency's mission hour
emphasis, as proposed by the Senate. The House contained no
similar provision.
Sec. 361 amends Section 1503 of P.L. 105-178 relating to
Section 1101(a)(9) and Section 1221, similar to that proposed
by the Senate. The House contained no similar provision.
Sec. 362 reduces the funds provided for the Working
Capital Fund, similar to that proposed by the Senate. The House
contained no similar provision.
Sec. 363 grants discretionary authority to the Secretary
of Transportation to waive certain requirements included in a
conveyance for an airport in Gadsden, AL, similar to that
proposed by the Senate. The House contained no similar
provision.
Sec. 364 rescinds funds for the Value Pricing Pilot
Program.
Sec. 365 modifies 101 Stat. 194; 109 Stat. 607 and 105
Stat. 2038 to allow changes to projects in Port of Lake
Charles, Louisiana, as proposed by both the House and the
Senate.
Sec. 366 allows funds from the surface transportation
grants to be available to the Secretary to make grants to the
Kentucky Turnpike Authority to pay the debt on bonds issued by
the Kentucky Turnpike Authority before January 1, 2003, for the
Daniel Boone Parkway, Kentucky, and the Cumberland Parkway,
Kentucky.
Sec. 367 authorizes the issuance of letters of intent for
airport security improvements.
Sec. 368 amends section 342 in the Department of
Transportation and Related Agencies Appropriations Act, 2002 to
redesignate the ``passenger only ferry to serve Kitsap County-
Seattle'' to ``ferry/tunnel project in Bremerton, Washington''
as proposed by the Senate. The House contained no similar
provision.
Sec. 369 amends section 343 in the Department of
Transportation and Related Agencies Appropriations Act, 2002 to
redesignate the ``Passenger only ferry to serve Kitsap and King
Counties to Seattle'' to ``ferry/tunnel project in Bremerton,
Washington'' as proposed by the Senate. The House contained no
similar provision.
Sec. 370 amends House language to make construction of
contract towers an eligible expense of the Airport Improvement
Program.
Sec. 371 appropriates $3,500,000 to maintain operations
at Midway Island airfield for not less than one year, as
proposed by the Senate. The House included no similar
provision.
Sec. 372 amends Section 145 (c) of P.L. 107-71, similar
to that proposed by the Senate. The House contained no similar
provision.
Sec. 373 amends Section 1602 of TEA-21 (112 Stat. 316) to
allow changes to projects in Susquehanna Greenway, Maryland, as
proposed by the Senate. The House included no similar
provision.
Sec. 374 modifies section 1602 of TEA-21 (112 Stat. 305)
to allow changes to projects in New York City, NY.
Sec. 375 modifies a project in Public Law 101-516 to
allow changes to a project in Pennsylvania.
Sec. 376 modifies a project in Public Law 102-143 to
allow changes to a project in Pennsylvania.
Sec. 377 transfers $2,000,000 to the Federal Transit
Administration's Formula Grant account for the Jersey City Pier
redevelopment and terminal construction project.
The conference agreement deletes the House provision that
ensures that emergency rail service is continued if Amtrak
should cease operation. The Senate included no similar
provision.
The conference agreement deletes the House provision
regarding the purchase of explosive detection systems. The
Senate included no similar provision.
The conference agreement deletes the House provision that
encourages the Secretary of Transportation and the FAA to
implement a plan between the State of Illinois and the City of
Chicago for the purpose of modernizing O'Hare International
Airport, continuing operation of Meigs Field, and utilizing
existing airports to help relieve congestion. The Senate
included no similar provision.
The conference agreement deletes the Senate provision
that directs the Secretary of the Department of Transportation
to approve the use of national highway system and surface
transportation funds for construction of noise barriers in
Georgia. The House included no similar provision.
The conference agreement deletes the House provision
relating to Medicare eligible retiree health care funds, as it
is contained elsewhere in the bill. The Senate included no
similar provision.
The conference agreement deletes the House provision
relating to a proposed rule on statewide and metropolitan
transportation planning. The Senate included no similar
provision.
The conference agreement deletes the House provision that
amended the Air Transportation Safety and System Stabilization
Act. The Senate included no similar provision.
The conference agreement deletes the Senate provision
relating to a municipal dock in Escanaba, Michigan. The House
included no similar provision.
The conference agreement deletes the Senate provision
relating to rebates, refunds, incentive payments and fees
received by the Department of Transportation. The House
included no similar provision.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2003 recommended by the Committee of Conference,
with comparisons to the fiscal year 2002 amount, the 2003
budget estimates and the House and Senate bills for 2003
follow:
[In the thousands of dollars]
New budget (obligational) authority, fiscal year 2002... $24,376,970
Budget estimates of new (obligational) authority, fiscal
year 2003........................................... 21,345,680
House bill, fiscal year 2003............................ 21,797,930
Senate bill, fiscal year 2003........................... 22,576,162
Conference agreement, fiscal year 2003.................. 22,159,095
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2002.............................................. -2,217,875
Budget estimates of new (obligational) authority,
fiscal year 2003.................................. +813,415
House bill, fiscal year 2003........................ +361,165
Senate bill, fiscal year 2003....................... -417,067
DIVISION J
Treasury and General Government Appropriations, 2003
The conference agreement on the Treasury and General
Government Appropriations Act, 2003, incorporates some of the
language and allocations set forth in House Report 107-575 and
some of the language and allocations set forth by the Senate
explanatory statement as delineated in the Congressional Record
of January 15, 2003, pages S765-S794. The language in House
Report 107-575 and the Congressional Record of January 15,
2003, pages S765-S794, should be complied with unless
specifically addressed in the accompanying statement of
managers.
Throughout the accompanying explanatory statement, the
managers refer to the Committee and the Committees on
Appropriations. Unless otherwise noted, in both instances, the
managers are referring to the House Subcommittee on Treasury,
Postal Service, and General Government and the Senate
Subcommittee on Treasury and General Government.
In a number of instances, House Report 107-575 and the
explanatory statement in the Congressional Record of January
15, 2003, pages S765-S794, require agencies to report to the
Committees by specific dates that have now passed. In those
instances, and unless alternative dates are provided by the
committee of conference, agencies are directed to provide these
reports to the House and Senate Committees on Appropriations
not later than 60 days after enactment of this Act.
Reprogramming and Transfer of Funds Guidelines
The conference agreement includes the following
reprogramming guidelines that shall be complied with by all
agencies funded by the Treasury and General Government
Appropriations Act, 2003:
1. Except under extraordinary and emergency situations,
the Committees on Appropriations will not consider requests for
a reprogramming or a transfer of funds, or use of unobligated
balances, which are submitted after the close of the third
quarter of the fiscal year, June 30;
2. Clearly stated and detailed documentation presenting
justification for the reprogramming, transfer, or use of
unobligated balances shall accompany each request;
3. For agencies, departments, or offices receiving
appropriations in excess of $20,000,000, a reprogramming shall
be submitted if the amount to be shifted to or from any object
class, budget activity, program line item, or program activity
involved is in excess of $500,000 or 10 percent, whichever is
greater, of the object class, budget activity, program line
item, or program activity;
4. For agencies, departments, or offices receiving
appropriations less than $20,000,000, a reprogramming shall be
submitted if the amount to be shifted to or from any object
class, budget activity, program line item, or program activity
involved is in excess of $50,000, or 10 percent, whichever is
greater, of the object class, budget activity, program line
item, or program activity;
5. For any action where the cumulative effect of below
threshold reprogramming actions, or past reprogramming and/or
transfer actions added to the request, would exceed the dollar
threshold mentioned above, a reprogramming shall be submitted;
6. For any action that would result in a major change to
the program or item that is different than that presented to
and approved by either of the Committees, or the Congress, a
reprogramming shall be submitted;
7. For any action where funds earmarked by either of the
Committees for a specific activity are proposed to be used for
a different activity, a reprogramming shall be submitted; and,
8. For any action where funds earmarked by either of the
Committees for a specific activity are in excess of the project
or activity requirement, and are proposed to be used for a
different activity, a reprogramming shall be submitted.
Additionally, each request shall include a declaration
that, as of the date of the request, none of the funds included
in the request have been obligated, and none will be obligated,
until the Committees on Appropriations have approved the
request.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $189,201,000 instead of
$187,241,000 as proposed by the House and $191,887,000 as
proposed by the Senate. The conferees agree to non-recur
$2,854,000 of fiscal year 2002 costs, to transfer $446,000 out
of this account to the Financial Crimes Enforcement Network,
and to a business strategy adjustment of $599,000 as proposed
by the House. The conferees agree to provide $747,000 for
overseas inflation costs as proposed by the Senate and
$1,213,000 for full funding of fiscal year 2003 operations. The
conferees agree to include a provision as proposed by the
Senate establishing minimum funding and personnel levels for
the Office of Foreign Assets Control ($21,206,000 and 120 full
time equivalent positions), and agree to provide a minimum of
$8,500,000 for the Office of Enforcement. The conferees agree
to a new general provision (Section 124) as proposed by the
Senate regarding the Office of Foreign Assets Control that
requires all travel license applications to be resolved within
90 calendar days and all travel license denials to include
written notification.
CERTIFICATE-BASED INTERNET SECURITY
The conferees are aware of the need for security in
permitting secure Internet communication for Customs, Secret
Service, and other Treasury law enforcement agents to prevent
cyber attacks and protect against identity theft in key
information systems. The conferees therefore strongly support
developing capability for certificate-based Internet security
projects to provide standards-based e-mail encryption and
digital signature capabilities; permit interoperability with
the Federal Bridge and other government public key
infrastructure systems and applications; demonstrate proven
scalability; support multiple platforms; and include automated,
secure key and certificate management. The conferees understand
that the Department of the Treasury believes this is a vital
priority. If funds become available in other Treasury accounts
during fiscal year 2003, the conferees are likely to look
favorably on a reprogramming request that would provide funding
for this critical initiative.
COUNTERFEIT CURRENCY TECHNOLOGY
The conferees agree that anti-counterfeiting measures for
currency are a critical component in the war on terrorism and
in promoting homeland security. The conferees strongly concur
with Senate guidance that directs the Department of the
Treasury to test the utility of using new technologies to help
identify the size of the universe of counterfeit currency and
better understand the circulation patterns of currency and
report back within 120 days of the enactment of this Act. The
conferees also encourage the Treasury Department to consider,
for future currency changes, the best available anti-
counterfeiting technology and security devices for currency,
including such features as optically variable devices,
alternative substrates, distinctive fibers, high-technology
inks, and new offset printing techniques.
Department-Wide Systems and Capital Investments Programs
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $65,628,000 instead of
$68,828,000 as proposed by the House and the Senate. The
reduction from the requested level is to be applied to the
integrated Treasury (wireless) network. The conferees agree to
include a provision as proposed by the Senate restricting the
use of funds to supplement the Internal Revenue Service.
Office of Inspector General
SALARIES AND EXPENSES
The conferees agree to provide $35,736,000 instead of
$35,424,000 as proposed by the House and the Senate. The
conferees agree to include a provision regarding reception and
representation expenses as proposed by the Senate and to
include $312,000 for full funding of fiscal year 2003
operations.
Treasury Inspector General for Tax Administration
SALARIES AND EXPENSES
The conferees agree to provide $125,011,000 instead of
$123,962,000 as proposed by the House and the Senate. The
conferees agree to include $1,049,000 for full funding of
fiscal year 2003 operations.
Air Transportation Stabilization Program
The conferees agree to provide $6,041,000 as proposed by
the House and the Senate.
Treasury Building and Annex Repair and Restoration
The conferees agree to provide $28,932,000 instead of
$32,932,000 as proposed by the House and $30,932,000 as
proposed by the Senate.
Expanded Access to Financial Services
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide, subject to authorization,
$2,000,000 as proposed by the Senate instead of $4,000,000 as
proposed by the House. The conferees also agree to include the
other provisions as proposed by the Senate and not those
proposed by the House. The conferees direct that none of these
funds are to be used for projects that (1) provide real
property, automated teller machines, or any other equipment for
use by any financial institution, (2) incur costs in excess of
$100 for each participant who is expected to establish an
account, or (3) does not provide at least $0.50 in non-federal
matching funds for each $1.00 received from the Expanded Access
to Financial Services account.
Counterterrorism Fund
The conferees agree to provide $10,000,000 instead of
$33,000,000 as proposed by the House and $20,000,000 as
proposed by the Senate. The conferees note that this fund
currently carries a balance in excess of $40,000,000.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The conferees agree to provide $51,752,000 instead of
$51,444,000 as proposed by the House and $50,517,000 as
proposed by the Senate. This includes $481,000 to cover non-pay
inflation, $308,000 to fully fund fiscal year 2003 operations,
and $446,000 to reflect the adjustment of Foreign Terrorist
Asset Tracking Center support from the Office of Foreign Assets
Control to the Financial Crimes Enforcement Network.
USA PATRIOT Act Implementation
The Financial Crimes Enforcement Network (FinCEN) is
tasked with implementing a number of critical mandates under
the USA PATRIOT Act aimed at thwarting terrorists from
financing their activities, and preventing criminals from
laundering criminal profits. These include establishing the
PATRIOT Act Communications System (PACS), providing expanded
access for federal agencies to the Gateway system; and
implementing information exchanges between government and
financial institutions. Although the Administration did not
request funding for these, the conferees direct the Department
to provide $2,500,000 from the super surplus of the Treasury
Forfeiture Fund to FinCEN for these activities to cover fiscal
year 2003 costs.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
The conferees agree to provide $134,986,000 instead of
$152,951,000 as proposed by the House and $126,660,000 as
proposed by the Senate. This includes: $595,000 for non-pay
inflation; $631,000 to fully fund fiscal year 2003 operations;
$5,500,000 to fund increased training workload for homeland
security; $2,700,000 for the Cheltenham training center;
$1,000,000 for the National Center for State and Local Training
and $1,000,000 for the Rural Crime and Justice Center at Minot
State University to expand on the current Small Town and Rural
Law Enforcement training series in the Northern Plains States
and related rural law enforcement research; $500,000 to Minot
State University to assess the effectiveness of the Federal Law
Enforcement Training Center vehicle pursuit training program;
and $750,000 to work with the Southwest Texas State University
ALERRT program.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The conferees agree to provide $36,000,000 instead of
$31,800,000 as proposed by the House and $32,029,000 as
proposed by the Senate. This includes: $71,000 for non-pay
inflation; $5,000,000 for acquisition and modification of
facilities for the Glynco campus to address increased homeland
security training workload; $3,400,000 to complete the vehicle
training course at the Cheltenham campus; and $4,200,000 for a
new classroom building at the Artesia campus.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The conferees agree to provide $107,576,000 as proposed
by the Senate instead of $110,594,000 as proposed by the House.
Financial Management Service
SALARIES AND EXPENSES
The conferees agree to provide $222,078,000 instead of
$220,664,000 as proposed by the House and the Senate. The
conferees agree to include $1,414,000 for the full funding of
fiscal year 2003 operations.
Bureau of Alcohol, Tobacco and Firearms
SALARIES AND EXPENSES
The conferees agree to provide $886,430,000 instead of
$888,430,000 as proposed by the Senate and $891,034,000 as
proposed by the House. This includes $3,000,000 for an
explosives enforcement initiative.
Management and Technological Enhancements
The conferees endorse the Senate explanatory language
regarding management and technological enhancements at the
Bureau of Alcohol, Tobacco and Firearms (ATF) National
Licensing Center, Imports Branch, and National Firearms Act
Branch. The conferees also note that $2,500,000, which was
provided in fiscal year 2002, will continue to be available for
this ongoing effort.
United States Customs Service
SALARIES AND EXPENSES
The conferees agree to provide $2,527,155,000, instead of
$2,496,865,000 as proposed by the House and $2,501,488,000 as
proposed by the Senate. This includes: $18,377,000 for non-pay
inflation; $15,115,000 to fully fund fiscal year 2003
operations; $150,000 for the Vermont World Trade Center, and
$750,000 for the Center for Agricultural Policy and Trade
Studies. The conferees also include: $3,000,000 for port and
nonintrusive inspection technology research and development;
$1,250,000 for steel tariff enforcement; $1,000,000 for a
curriculum for canine detection of chemical and biological
threats; $12,000,000 for the container security initiative;
$1,000,000 for a bulk outbound currency initiative; $1,400,000
to expand the intellectual property rights initiative; $200,000
for a University of Texas border protection management program;
and $125,000 for a smart border technology program at the Texas
Transportation Institute.
NORTHERN BORDER SECURITY
The conferees recognize that the process of strengthening
the Northern Border is not complete and that further
adjustments in personnel assignments and resource allocations
will be necessary. There have been long-standing concerns about
the condition and infrastructure needs of the ports of entry
along the Northern Border. The conferees direct the Customs
Service to work closely with GSA in the development of its
construction plans and budgets, and to ensure that all current
and prospective requirements, particularly those recently
identified, will be met.
The conferees commend the actions of the United States
Customs Service to strengthen America's border with Canada. The
conferees support the full implementation of the 30-point
``Smart Border Accord,'' and other ongoing initiatives in
furtherance of securing the flow of people and goods, hardening
our infrastructure, and in sharing mutual enforcement
objectives with Canada. Implementation of programs such as pre-
clearance of U.S.-bound traffic, ``reverse inspections,''
hardening of remote ports, and expanded information sharing
promises increased security and important trade benefits on the
Northern Border. Additionally, the conferees encourage Customs
to expand use of ``smart'' processing and inspection
technologies such as the NEXUS program. This joint United
States-Canadian pilot is a dedicated commuter lane system that
allows Customs and the Immigration and Naturalization Service
to rapidly identify and clear pre-registered frequent
travelers. The conferees urge Customs to implement an expansion
of the program expeditiously as an integral part of a layered
security framework that both secures our mutual border and
facilitates this unique trade relationship.
INTELLECTUAL PROPERTY RIGHTS INITIATIVE AND CUSTOMS CYBERSMUGGLING
CENTER
The conferees have included funding for the continued
operation of the Intellectual Property Rights (IPR) Center,
which received $5,000,000 in fiscal year 2002, as well as to
annualize the costs of 13 additional full-time equivalent
positions. The conferees also continue funding for the Customs
Cybersmuggling Center (C3). The conferees have also included an
additional $1,400,000 to expand the IPR Center for domestic and
international programs, staffing, as well as continued
operation of the IPR Coordination Center. The conferees expect
the Customs Service will enhance the operations of the C3 and
the IPR Center to combat intellectual property rights
violations, and support law enforcement training of host
country officials by Customs overseas attaches. The conferees
encourage the IPR Center to use a portion of its funds to
establish a clearinghouse for intellectual property rights
information gathered from other federal as well as State and
local agencies.
STRENGTHENED ENFORCEMENT OF U.S. TRADE LAWS PERTAINING TO STEEL
The conferees support Customs enforcement of U.S. trade
laws, to include the President's steel 201 proclamation of
March 5, 2002, and all antidumping and countervailing duty
orders related to steel. The conferees also understand that
Customs is responsible for enforcing and monitoring imports of
wire rods and certain line pipe products previously covered by
a 201 remedy decision. The conferees are aware that Customs
personnel assigned to enforce antidumping and countervailing
duty orders, including import specialists, inspectors and
agents, have been increasingly burdened, and many have been
reassigned to meet homeland security priorities. The conferees
understand that Customs would require additional positions to
fully enforce this set of trade laws, and that there are
serious deficiencies in the level of training and specialized
knowledge of Customs inspectors and import specialists who deal
with steel tariff matters. The conferees therefore provide
$1,250,000 to permit Customs, working with the steel
manufacturing and trading community, to identify and apply the
resources and training required to carry out these
responsibilities. Such efforts may include utilizing steel
industry experts through a series of national training
seminars, which could be made available to members of the trade
and brokerage community who play a key role in classifying
imported goods for Customs processing. The funding may also be
used to assign more import specialists, inspectors, or agents
to steel trade enforcement. The conferees recommend that new
steel import specialists be assigned to ports with the greatest
volume of steel imports. In addition, the conferees urge that
the U.S. Customs Service enforce all steel-related laws and
regulations, including the President's steel 201 Proclamation
and all existing antidumping and countervailing duty orders, to
the fullest extent of the law. The conferees therefore direct
Customs to report not later than 60 days after enactment of
this Act on steps it has taken to improve training for steel
tariff implementation and to enhance enforcement efforts and
manpower, including data on types and value of illegal imports
seized and penalties imposed.
CONTAINER SECURITY INITIATIVE
The Customs Service announced its Container Security
Initiative (CSI) on January 17, 2002, a critical effort to
protect U.S. seaports and maritime commerce. CSI will allow
targeting and screening of potentially dangerous cargo prior to
its arrival at U.S. ports. In March 2002 Customs began to
implement CSI in three Canadian ports; to date, 21 foreign
ports, including 18 of the world's top ``mega-ports'', have
agreed to participate. The CSI will entail staffing at each
site, as well as investments in non-intrusive inspection
technology or networking technology. The conferees include
$12,000,000 to continue this effort in fiscal year 2003.
The conferees are aware that CSI will require a data
system that permits the transfer of container images, other
sensor data, and relevant manifest data from foreign seaports
of origin to Customs offices at the U.S. port of destination
and to the Customs container management center. The conferees
would expect this network to be linked with the Treasury Secure
Data Network and capable of processing and sharing similar
domestic data as well. The conferees direct Customs to report
to the Committees on Appropriations not later than 60 days
after enactment of this Act on its plans for developing and
implementing such a network.
NON-INTRUSIVE INSPECTION TECHNOLOGY
The Administration's request includes $45,700,000 in new
investments in non-intrusive inspection and other security
technology, in addition to annualizing costs for investments
made in fiscal year 2002 to close gaps in land and seaport
security identified after September 11th. The conferees include
an additional $3,000,000 for these efforts, to be used for
technology acquisition and support of related research and
development, and to evaluate and prototype next-generation
technology to screen and detect contraband, explosives,
radioactive materials, and potential chemical and biological
weapons, with a focus on applications at major ports of entry.
The conferees strongly encourage the Customs Service to
maintain its policy of seeking to apply the most advanced and
cost-effective technology possible, and build into its planning
a life-cycle approach to replacing and upgrading such
capability to meet ever-increasing needs for greater
performance.
In general, the conferees expect Customs to regularly
review technologies that might have applications to Customs'
inspection needs, and evaluate the value for Customs' mission
that might be offered by technology, such as computed
tomography (CT), which is being employed for airport security
by the Transportation Security Administration (TSA); the Total
Asset Visibility Network employed by the Defense Department; or
neutron analysis technology. Customs should emphasize
evaluating inspection technologies that do not require human
evaluation and analysis, and work closely with the Departments
of Defense and Energy agencies such as the Defense Threat
Reduction Agency and the National Nuclear Security
Administration on placement of systems to detect nuclear,
biological and chemical threats. The conferees direct Customs
to report not later than 120 days after enactment of this Act
on its implementation of this program.
PEACE BRIDGE JOINT BORDER FACILITY
The conferees endorse the Senate explanatory language
calling for the U.S. Customs Service, in consultation with the
Immigration and Naturalization Service and the Department of
Homeland Security to report within 180 days of enactment of
this Act detailing how a joint United States/Canadian border
inspection facility could be established on the Canadian side
of the Peace Bridge in Fort Erie, Ontario.
CHILD PORNOGRAPHY
The conferees direct the Customs Service to continue
providing $100,000 of available funds to promote public
awareness for the child pornography tipline, including ongoing
efforts to make children aware of the tipline, in fiscal year
2003. The conferees recommend that the Customs Service continue
to coordinate this effort with the National Center for Missing
and Exploited Children and the U.S. Postal Service to ensure
that the publicity is diversified and effective.
FORCED CHILD LABOR
The conferees are pleased with the work of the Customs
Service to enforce section 307 of the Tariff Act of 1930 as it
relates to forced and indentured child labor. The conferees
believe that continued focus on enforcement of the ban on
importation of goods made by forced child labor is critical and
that Customs needs to continue this effort through aggressive
investigation and enforcement of the applicable laws. The
conferees direct Customs to expend an additional $4,000,000 on
this important enforcement effort.
DAIRY PROTEIN BLENDS
The conferees are concerned with the impact of imported
milk protein concentrates on domestic milk use, resulting in
historically low milk prices paid to dairy producers. The
Customs Service is encouraged to make their final decision on
reclassification of dairy protein blends within 30 days of the
enactment of this Act and report the results to the Committees
on Appropriations.
Harbor Maintenance Fee Collection
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $3,000,000 as proposed by
the House and the Senate.
Operation, Maintenance and Procurement, Air and Marine Interdiction
Programs
The conferees agree to provide $181,829,000 instead of
$190,000,000 as proposed by the House and $177,829,000 as
proposed by the Senate. This includes $7,000,000 for the
Customs National Aviation Center and $4,000,000 to support
other critical operational and maintenance needs and
modernization requirements such as the Air and Marine
Interdiction Coordination Center, development of tactical data
link and display capability, enhanced electro-optical and
infrared capability, and replacement of critical fixed wing and
helicopter platforms.
AIR AND MARINE PROGRAM MODERNIZATION AND ORGANIZATION REVIEW
The conferees are aware that Customs had been conducting
a comprehensive review of the missions, operations, structure,
and resources of the Air and Marine Interdiction Division
(AMID). As Customs conducts this review, the conferees strongly
urge it to take full account of the impact of its various and
expanding missions in order to achieve an optimal level of
readiness and operational effectiveness. Particular attention
should be paid to organization, infrastructure, aircraft,
vessels, equipment, staffing and funding.
The conferees also expect Customs to make the most
effective use of existing resources to carry out its missions.
Replacement or other modernization of Customs assets is
expensive and must be carried out in the context of an orderly
program to assess requirements for necessary platforms based on
mission and operational needs, including operating and
maintenance costs. The conferees expect Customs to carefully
evaluate the impact of maintenance contracts on meeting mission
needs, and how the form such contracts take affects such goals:
to maximize operational availability and capability of aircraft
and marine vessels; to rationalize time and logistics required
for system maintenance and support; and to achieve cost
effectiveness. The conferees direct the Customs Service to
submit the findings of its review upon its completion,
including those relating to maintenance and support, but in any
event not later than 60 days after enactment of this Act.
In the course of preparing the report, the conferees
request that Customs describe how its modernization plan will
address (1) implementing airborne law enforcement surveillance
and support capabilities along the Northern Border; (2)
acquiring platforms for Northern Border Surveillance Aircraft;
(3) replacing or modifying existing Citation aircraft; and (4)
meeting its requirements for light enforcement and medium-lift
helicopters. Customs will continue to implement the Western
Hemisphere Drug Elimination Act (WHDEA) and the conferees
include the $35,764,000 requested by the Administration. The
conferees provide an additional $4,000,000 that may be used for
system acquisition and support, and expect plans for use of
this funding to be included in the modernization plan and
detailed in the above mentioned report.
AUTOMATION MODERNIZATION
The conferees agree to provide $435,332,000 as proposed
by the Senate instead of $439,332,000 as proposed by the House.
AUTOMATED COMMERCIAL ENVIRONMENT
The conferees believe that strong oversight of the
Automated Commercial Environment (ACE) program is essential to
ensure that Customs fulfills its expenditure and development
plans. Periodic review of investment increments associated with
capital planning and architecture development is consistent
with best practices for information technology procurement. The
conferees therefore direct that Customs provide quarterly
reports to the Committees on Appropriations until ACE becomes
functional.
The conferees also direct Customs to submit requests for
release of funds, including a cost-benefit analysis, in a
timely manner, but in no case less than 30 days before the
anticipated need for the funds.
WEST COAST SECURED CORRIDOR INITIATIVE
The conferees are aware of efforts by the Washington
State Office of Trade and Economic Development, the Washington
State Department of Transportation, and the Cascadia Project of
the Discovery Institute to establish a West Coast Secured
Corridor Initiative. This initiative will establish a forum for
coordinating the development and implementation of practices
vital to the enhancement of homeland security and the secured
mobility of goods and people along the West Coast, and that
will ensure interoperability of Customs and other regulatory
protocols for transport between Mexico, the United States, and
Canada. The conferees strongly support collaborative efforts
between Federal, State and local governments and non-profit
organizations that can facilitate both security and the smooth
flow of commerce along our borders. The Customs Service should
evaluate the benefits of ensuring that development and
deployment of ACE and the International Trade Data System
(ITDS) takes into account the efforts of the Initiative to
ensure homeland security and secured mobility of goods and
people along the West Coast.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The conferees agree to provide $34,900,000 for capital
investments for circulating coinage and protective services as
proposed by the House and the Senate.
Bureau of The Public Debt
ADMINISTERING THE PUBLIC DEBT
The conferees agree to provide $190,068,000 instead of
$168,673,000 as proposed by the House and $191,073,000 as
proposed by the Senate. The conferees agree to a reduction of
$2,000,000 to the savings bond marketing program; the funds
that remain for savings bond marketing are to provide for the
orderly termination of this effort during fiscal year 2003
consistent with the plans of the Department of the Treasury.
The conferees direct the Department to report to the Committees
on Appropriations within 30 days of the enactment of this Act
with details of how they will conduct this orderly termination
of the savings bond marketing program. The conferees further
agree to include a provision to assist with the termination of
the savings bond marketing program; this provision extends the
availability of $4,000,000 for two years in order to cover
certain costs such as severance requirements and workman
compensation payments that will extend beyond fiscal year 2003.
The conferees also agree to provide $995,000 for the full
funding of fiscal year 2003 operations not associated with the
savings bond marketing program.
Internal Revenue Service
The conferees recognize the fiscal challenges that face
the Internal Revenue Service and direct that base operations be
funded before embarking upon any new initiatives.
PROCESSING, ASSISTANCE, AND MANAGEMENT
The conferees agree to provide $3,955,777,000 as proposed
by the Senate instead of $3,955,077,000 as proposed by the
House. The conferees agree to include a provision that provides
$7,000,000 for low-income taxpayer clinic grants, as proposed
by the Senate.
TAX LAW ENFORCEMENT
The conferees agree to provide $3,729,072,000 as proposed
by the House and the Senate. The conferees agree to include a
provision modified from one proposed by the Senate that not
less than $60,000,000 shall be used to combat abusive tax
shelters.
EARNED INCOME TAX CREDIT COMPLIANCE INITIATIVE
The conferees agree to provide $146,000,000 as proposed
by the House and the Senate.
INFORMATION SYSTEMS
The conferees agree to provide $1,632,444,000 as proposed
by the House and the Senate.
BUSINESS SYSTEMS MODERNIZATION
The conferees agree to provide $366,000,000 instead of
$436,000,000 as proposed by the House and the Senate.
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
The conferees agree to provide $70,000,000 instead of no
appropriation as proposed by the House and the Senate. This new
account is to be used to implement the health insurance tax
credit program included in the Trade Act of 2002 (Public Law
107-210).
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
Section 101. The conferees agree to continue a provision
that allows the transfer of 5 percent of any appropriation made
available to the IRS to any other IRS appropriation subject to
Congressional approval.
Section 102. The conferees agree to continue a provision
that requires the IRS to maintain a training program in
taxpayers' rights, dealing courteously with taxpayers, and
cross-cultural relations.
Section 103. The conferees agree to continue a provision
that requires the IRS to institute and enforce policies and
practices that will safeguard the confidentiality of taxpayer
information.
Section 104. The conferees agree to continue a provision
with respect to the IRS 1-800 help line service.
United States Secret Service
SALARIES AND EXPENSES
The conferees agree to provide $1,029,150,000 instead of
$1,017,892,000 as proposed by the House and $1,010,817,000 as
proposed by the Senate. This includes $6,824,000 for non-pay
inflation, $6,475,000 to fully fund fiscal year 2003
operations, and $4,200,000 to fund annualization of the costs
of the workload rebalancing and retention initiative. The
conferees also provide $1,633,000 for forensic support to the
National Center for Missing and Exploited Children (NCMEC), and
$4,583,000 for grants to NCMEC, including $300,000 for support
of the Web-Wise Kids program.
ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND RELATED EXPENSES
The conferees agree to provide $3,519,000 as proposed by
the House and the Senate.
General Provisions--Department of the Treasury
Section 110. The conferees agree to continue a provision
that requires the Secretary of the Treasury to comply with
certain reprogramming guidelines when obligating or expending
funds for law enforcement activities.
Section 111. The conferees agree to continue a provision
that allows the Department of the Treasury to purchase
uniforms, insurance, and motor vehicles without regard to the
general purchase price limitation, and enter into contracts
with the Department of State for health and medical services
for Treasury employees in overseas locations.
Section 112. The conferees agree to continue a provision
that requires the expenditure of funds so as not to diminish
efforts under section 105 of the Federal Alcohol Administration
Act.
Section 113. The conferees agree to continue a provision
that authorizes transfers, up to 2 percent, between law
enforcement appropriations under certain circumstances.
Section 114. The conferees agree to continue a provision
that authorizes the transfer, up to 2 percent, between the
Departmental Offices, Office of Inspector General, Treasury
Inspector General for Tax Administration, Financial Management
Service, and Bureau of Public Debt appropriations under certain
circumstances.
Section 115. The conferees agree to continue a provision
that authorizes transfer, up to 2 percent, between the Internal
Revenue Service and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 116. The conferees agree to continue a provision
regarding the purchase of law enforcement vehicles.
Section 117. The conferees agree to continue a provision
that prohibits the Department of the Treasury and the Bureau of
Engraving and Printing from redesigning the $1 Federal Reserve
Note.
Section 118. The conferees agree to continue a provision
that provides for transfer from and reimbursements to the
Salaries and Expenses appropriation of the Financial Management
Service for the purposes of debt collection.
Section 119. The conferees agree to continue and modify a
provision that extends the pilot project for designated
critical occupations for one additional year.
Section 120. The conferees agree to continue a provision
that requires the approval of the authorizing committees for
the construction and operation of any museum by the U.S. Mint.
Section 121. The conferees agree to continue the
provision limiting the use of funds for the production of
Customs declarations that do not inquire whether the passenger
had been in the proximity of livestock.
Section 122. The conferees agree to a new provision that
directs the Federal Law Enforcement Training Center to
establish an accrediting body to set standards for measuring
and assessing the quality and effectiveness on Federal law
enforcement training.
Section 123. The conferees agree to a new provision that
extends the Treasury Franchise Fund through October 1, 2004.
Section 125. The conferees agree to a new provision that
allows funds in the Stennis Fund to be invested in certain par-
value securities.
Section 126. The conferees agree to a new provision that
allows funds in the Madison Funds to be invested in certain
par-value securities.
Section 127. The conferees agree to a new provision
regarding Customs Service reverse inspections as proposed by
the Senate, with technical modifications.
TITLE II--POSTAL SERVICE
Payment to the Postal Service Fund
The conferees agree to provide $60,014,000, as proposed
by the House and Senate. Of this amount $31,014,000 is provided
as an advance appropriation for free mail to the blind and
overseas voters, as proposed by the House and Senate. The
conferees include an additional $29,000,000 for prior year
reimbursement shortfalls.
Postal Service Marketing Efforts
The conferees are aware that the Postal Service has
entered into a four-year $25,000,000 contract to sponsor a
cycling team to provide the Postal Service with marketing
exposure. This expenditure comes at a time when the Postal
Service is suffering from long-term declines in mail volume and
net income, as well as the huge added costs of guarding against
biological terrorist attacks through the U.S. mail system. The
conferees are concerned that the Postal Service has incurred
this $25,000,000 obligation even though no proof has been
offered that this sponsorship will result in increased
revenues. The conferees urge the Postal Service to exercise far
better judgment in making future investment decisions in favor
of those efforts that can provide tangible results.
Postal Service Printing
The conferees are aware that significant cost savings can
be achieved by utilizing electronic commerce technology in the
ordering and procurement of supporting goods and services, such
as printing requirements. The conferees encourage the Postal
Service to use e-commerce means in the purchasing of its
printing, including testing the feasibility of procuring
printing through e-commerce means after assessing the market
and conducting a test or limited pilot project, if the test or
project can include a guaranteed cost savings feature and
acceptable return on investment (ROI). If this test or limited
pilot yields a cost savings and acceptable ROI for the Postal
Service, the conferees encourage the Postal Service to expand
its use of e-commerce means in the procurement of its printing
needs. The conferees request a report from the Postal Service
on any such test or pilot project undertaken no later than six
months after the date of enactment of this Act.
HOUSTON, TEXAS
The conferees are concerned by the quality of service at
the Jensen Drive Postal Station in Houston, Texas. The
conferees are specifically concerned with the adequacy of the
facility at this postal station. The station currently has only
eight available parking slots, of which one is for disabled
customers and two are for senior citizens who represent a large
portion of this station's customers, leaving only five
available slots for all other customers. This lack of adequate
parking creates traffic and safety problems. The conferees
direct the Postal Service to evaluate the options for
addressing the parking situation and other problems at Jensen
Drive and report to the Committees on Appropriations on steps
being taken to address the problem no later than 90 days after
enactment of this Act.
BRONX, NEW YORK
The conferees are very concerned by the repeated reports
of poor quality service to postal customers in the Bronx,
including missing mail, wrongly delivered mail, and late
delivery. The House Committee on Appropriations earlier
directed the Postal Service to investigate the situation at the
Morris Park post office and report its recommendations for
corrective action to the Committee, and the Postal Service
provided this report in January 2003. The conferees direct the
Postal Service to expand its investigation to the Highbridge,
Stadium, Morrisania, and Tremont stations, as well as the
General Post Office, and report its findings and
recommendations for corrective action and a plan of
implementation to the Committees on Appropriations no later
than 120 days following enactment of this Act.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President and the White House Office
COMPENSATION OF THE PRESIDENT
The conferees agree to provide $450,000 as proposed by
the House and the Senate.
SALARIES AND EXPENSES
The conferees agree to provide $50,715,000 as proposed by
the House instead of $59,735,000 as proposed by the Senate. The
conferees agree to transfer $9,020,000 to the Office of
Administration in support of a pilot program to centralize the
procurement of certain common goods and services.
White House Tours
The conferees are aware that, because of the tragic
events of September 11, 2001, public visitation of the White
House has been severely restricted. The conferees would like to
see a resumption of public White House tours as soon as safely
possible. In light of this goal, within 30 days of enactment of
this Act, the White House Office should provide a report to the
Committees that details the status of efforts underway to
safely reopen public tours of the White House.
Office of Homeland Security
SALARIES AND EXPENSES
The conferees agree to provide $19,398,000 instead of
$24,061,000 as proposed by the House and $24,844,000 as
proposed by the Senate. The conferees agree to transfer
$783,000 to the Office of Administration in support of a pilot
program to centralize the procurement of certain common goods
and services. The conferees do not include $4,663,000 in funds
proposed for various costs associated with the operations of
the Nebraska Avenue complex. The conferees are aware of an
unobligated balance of $3,745,200 in fiscal year 2002
supplemental appropriations for Nebraska Avenue; and the
conferees also note that funds were transferred through the
authority provided in Public Law 107-294 for various Nebraska
Avenue operations. The conferees note that detailed
justification materials related to the funds transferred under
the authority of Public Law 107-294 have not yet been provided
to the Committee. Given the availability of these other funding
sources, the conferees defer consideration of the $4,663,000
proposed for Nebraska Avenue operations.
Executive Office of the President Mail Processing
The conferees are concerned by ongoing difficulties
associated with mail processing for the Executive Office of the
President (EOP) complex. The conferees are further concerned by
the absence of a business case analysis for mail processing
efforts, including a precise definition of both user and system
requirements. The conferees are aware of proposed plans to
transfer $9,000,000 of fiscal year 2003 funds from the Office
of Homeland Security to the Department of Homeland Security for
EOP mail processing. The conferees support this transfer of
responsibilities and encourage the Office of Administration to
move expeditiously toward this goal. The Office of
Administration is directed to report back to the Committees on
all efforts to transfer funds and responsibilities for this
effort to the Department of Homeland Security no later than 60
days after enactment of this Act.
Executive Residence at the White House
OPERATING EXPENSES
The conferees agree to provide $12,228,000 as proposed by
the House and the Senate.
WHITE HOUSE REPAIR AND RESTORATION
The conferees agree to provide $1,200,000 as proposed by
the House and the Senate.
Special Assistance to the President and the Official Residence of the
Vice President
SALARIES AND EXPENSES
The conferees agree to provide $4,066,000 as proposed by
the Senate instead of $3,160,000 as proposed by the House.
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $324,000 as proposed by
the House and the Senate.
Council of Economic Advisers
SALARIES AND EXPENSES
The conferees agree to provide $3,763,000 as proposed by
the House instead of $4,405,000 as proposed by the Senate. The
conferees agree to transfer $642,000 to the Office of
Administration in support of a pilot program to centralize the
procurement of certain common goods and services.
Office of Policy Development
SALARIES AND EXPENSES
The conferees agree to provide $3,251,000 as proposed by
the House instead of $4,221,000 as proposed by the Senate. The
conferees agree to transfer $970,000 to the Office of
Administration in support of a pilot program to centralize the
procurement of certain common goods and services.
National Security Council
SALARIES AND EXPENSES
The conferees agree to provide $7,821,000 instead of
$7,803,000 as proposed by the House and $9,525,000 as proposed
by the Senate. The conferees agree to transfer $1,704,000 to
the Office of Administration in support of a pilot program to
centralize the procurement of certain common goods and
services.
Office of Administration
SALARIES AND EXPENSES
The conferees agree to provide $91,505,000 instead of
$92,681,000 as proposed by the House and $70,128,000 as
proposed by the Senate. The conferees agree to transfer
$21,377,000 from the White House Office, the Office of Homeland
Security, the Office of Management and Budget, the Office of
Policy Development, the National Security Council, and the
Council of Economic Advisers to the Office of Administration to
establish a pilot project for centralized procurement and
management of information technology, rent, printing and
reproduction, supplies and materials and equipment. The
conferees expect that the Office of Administration will achieve
economies of scale using centralized procurement practices and
directs the Office of Administration to identify these savings
within 120 days of enactment of this Act. The conferees direct
the Office of Administration to submit a description of this
pilot project, including a description of the standards
established for the procurement of each commodity included in
this project, no later than 60 days after enactment of this
Act.
Office of Management and Budget
SALARIES AND EXPENSES
The conferees agree to provide $62,394,000 instead of
$61,492,000 as proposed by the House and $70,752,000 as
proposed by the Senate. The conferees agree to transfer
$8,258,000 to the Office of Administration in support of a
pilot program to centralize the procurement of certain common
goods and services. The conferees are aware that the Office of
Management and Budget (OMB) has achieved savings in excess of
$100,000 through the use of the Government Printing Office to
print the President's fiscal year 2004 budget. The conferees
have reduced OMB's appropriation by this amount and direct OMB
to apply this reduction to OMB-Wide Offices. The conferees
further encourage OMB to apply this reduction to those
functions and activities that have no direct impact on the
formulation or execution of the President's fiscal priorities,
such as the Communications Office.
Contracting Out Quotas
The conferees agree to a Senate provision prohibiting the
use of funds to establish, apply, or enforce any numerical
goal, target, or quota for contracting out unless the goal,
target, or quota is based on considered research and sound
analysis of past activities and is consistent with the stated
mission of the executive agency. Although the Senate provision
was somewhat different than the provision adopted by the House,
the conferees want to emphasize the strong opposition in both
chambers to the establishment of arbitrary goals, targets, and
quotas. If any goals, targets, or quotas are established
following ``considered research and sound analysis'' under the
terms of this provision, the conferees direct the Office of
Management and Budget to provide a report to the Committees on
Appropriations no later than 30 days following the announcement
of those goals, targets, or quotas, specifically detailing the
research and sound analysis that was used in reaching the
decision.
Electronic Government (E-Gov) Fund
The conferees agree to include funds for the Electronic
Government Fund within the General Services Administration, as
proposed by the Senate.
Election Administration Reform and Related Expenses
(INCLUDING TRANSFER OF FUNDS)
The conferees address this issue in a separate Division
of this Act.
Office of National Drug Control Policy
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $26,456,000 as proposed by
the Senate instead of $24,458,000 as proposed by the House. The
conferees include $1,000,000 for the National Alliance for
Model State Drug Laws. The conferees have included a provision
that withholds $2,000,000 from obligation until the Director
submits, and the Committees on Appropriations approve, a human
capital strategy for the Office of National Drug Control Policy
(ONDCP).
COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $48,000,000 instead of
$40,000,000 as proposed by the Senate and $55,800,000 as
proposed by the House. This includes $22,000,000 for
counternarcotics Technology Research and Development and
$26,000,000 for the Technology Transfer Program. The conferees
have included continued funding for neuroimaging studies and
genomic research into the relationship between genetic
predisposition and environmental factors bearing upon drug
addiction in the amount for counternarcotics Technology
Research and Development.
Federal Drug Control Programs
High Intensity Drug Trafficking Areas Program
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $226,350,000 as proposed
by the Senate instead of $246,350,000 as proposed by the House.
The conferees provide that existing HIDTAs shall be funded at
no less than the fiscal year 2002 levels prior to the
obligation of the $20,000,000 in additional funds provided for
fiscal year 2002, unless the Director submits to the Committees
on Appropriations, and the Committees approve, justification
for changes in those levels based on clearly articulated
priorities for the HIDTA program, as well as published ONDCP
performance measures of effectiveness. The conferees also
provide that no funds in excess of the fiscal year 2003 budget
request shall be obligated without the prior approval of the
Committees.
HIDTA Performance Management
The conferees remain concerned by ONDCP's lack of
progress in developing performance measures of effectiveness
(PMEs) for the HIDTA program. The conferees believe that the
ability to evaluate the effectiveness of individual HIDTAs, and
to rationally match funding needs against budgets, depends on a
reliable and consistent methodology for performance measurement
and management. The conferees provide, under the Salaries and
Expenses account, that $5,000,000 shall not be obligated until
the Director of ONDCP submits PMEs for the HIDTA program to the
Committees. The conferees further direct ONDCP to provide a
justification, based on PMEs, of the fiscal year 2004 budget
request for each individual HIDTA, as well as an optimal
spending allocation for each individual HIDTA based upon PMEs,
to the Committees when PMEs for the HIDTA program are
submitted.
Southwest Border HIDTA
The conferees are concerned by the repeated reports of
the conflict within the Southwest Border HIDTA between the five
regional partnerships and the central office. The Southwest
Border HIDTA was created in 1990 and is unique among HIDTAs in
that it is structured into five partnerships--Arizona,
California Border Alliance Group, New Mexico, South Texas, and
West Texas--plus an Executive Director's office based in El
Paso, Texas. The conferees believe that this regional structure
has worked effectively to cover a very large multi-State
geographical area that is crucial to anti-drug law enforcement.
At the same time, the conferees believe that the HIDTA program
needs coordination and rationalization to ensure that scarce
resources can be targeted to those areas demonstrating both the
greatest need and the greatest programmatic impact. The
conferees believe that these goals can be met without altering
the basic structure of the Southwest Border HIDTA. The
conferees agree to provide that no funds shall be used for the
further or additional consolidation of the Southwest Border
HIDTA, except for the operation of an office with a
coordinating role, until ONDCP provides a report on the
Southwest Border HIDTA. The conferees direct ONDCP to
investigate the situation in the Southwest Border HIDTA and
provide this report to the Committees on Appropriations within
120 days of enactment of this Act. This report shall include
ONDCP's recommendations for resolving conflicts related to
management and budgeting within the Southwest Border HIDTA, and
shall include written statements from each of the partnerships
expressing that partnership's views of the situation.
SPECIAL FORFEITURE FUND
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $223,200,000 instead of
$240,800,000 as proposed by the House and $172,700,000 as
proposed by the Senate. This includes $150,000,000 for the
National Youth Anti-Drug Media Campaign, $60,000,000 for the
Drug-Free Communities Support Program, $3,000,000 for the
Counterdrug Intelligence Executive Secretariat, $2,000,000 for
Performance Measures Development, $6,400,000 for the US Anti-
Doping Agency, $1,000,000 for the National Drug Court
Institute, and $800,000 for dues to the World Anti-Doping
Agency. The conferees provide that $2,000,000 of Drug-Free
Communities funds shall be used to make a grant directly to the
Community Anti-Drug Coalitions of America to establish and
maintain the National Community Anti-Drug Coalition Institute
as proposed by the Senate, instead of no provision as proposed
by the House.
National Youth Anti-Drug Media Campaign
The conferees are deeply disturbed by the lack of
evidence that the National Youth Anti-Drug Media Campaign has
had any appreciable impact on youth drug use. With the funds
provided for fiscal year 2003, expenditures on the Media
Campaign will be over $1,000,000,000 since the program's
inception in fiscal year 1998. While the evaluation conducted
under the auspices of the National Institute for Drug Abuse
(NIDA) has shown that the Media Campaign has had a slight and
sporadic impact on the attitudes of parents, it has had no
significant impact on youth behavior. While the conferees are
aware of surveys, such as Monitoring the Future, that show
recent declines in youth drug use, the NIDA study was
undertaken to measure the specific impact of the Media
Campaign, not simply to gauge general trends. The conferees
have not included a provision requiring ONDCP to spend a
certain amount on media buys for the Media Campaign as proposed
by the House. The conferees expect ONDCP to allocate not less
than the amount provided in fiscal year 2002 to support the
non-advertising public communication activities of the Media
Campaign.
The Director has inaugurated certain changes in the
direction of the Media Campaign, such as producing new ads
demonstrating the link between drug use and terrorism and other
criminal activity, as well as an intensive anti-marijuana
campaign launched in fall of 2002 and a shift in the youth age
group focus of the campaign. The conferees are hopeful that
these and other changes will result in the achievement of the
campaign's goal of reducing youth drug use. The conferees
intend to rely on the scientifically rigorous NIDA study to
gauge the ultimate impact of the campaign. If the campaign
continues to fail to demonstrate effectiveness, then the
Committees will be compelled to reevaluate the use of taxpayer
money to support the Media Campaign.
US Anti-Doping Agency
The conferees include $6,400,000 for the US Anti-Doping
Agency (USADA). Within this amount, the conferees include
$500,000 for the development of a school-based program for
educating young athletes on the risks associated with dietary
supplements. Not only are certain supplements banned from use
by USADA, many supplements contain steroid precursors (which
the body metabolizes into testosterone), such as
androstenedione, androstendiol, and DHEA. Studies have shown
that these steroid precursors are being used by young athletes
as performance-enhancing drugs at an alarming rate, even as
early as the grade school level. The conferees believe that an
education program is therefore necessary to make our young
athletes aware of the risks associated with certain dietary
supplements.
UNANTICIPATED NEEDS
The conferees agree to provide $1,000,000 as proposed by
the House and Senate.
TITLE IV--INDEPENDENT AGENCIES
Committee for Purchase from People Who Are Blind or Severely Disabled
SALARIES AND EXPENSES
The conferees agree to provide $4,658,000 instead of
$4,629,000 as proposed by the House and the Senate. This
includes $29,000 to fully fund fiscal year 2003 operations.
Federal Election Commission
SALARIES AND EXPENSES
The conferees agree to include $49,866,000 instead of
$49,426,000 as proposed by the House and $45,244,000 as
proposed by the Senate. This includes $4,198,000 to implement
the Bipartisan Campaign Reform Act and $424,000 to fully fund
fiscal year 2003 operations. The conferees do not include a
$16,000 general reduction, as proposed by the House.
Federal Labor Relations Authority
SALARIES AND EXPENSES
The conferees agree to provide $28,950,000 instead of
$28,677,000 as proposed by the House and the Senate. This
includes $273,000 to fully fund fiscal year 2003 operations.
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $7,006,033,000 in new
obligational authority instead of $6,961,930,000 as proposed by
the House and $7,006,518,000 as proposed by the Senate. The
conferees directly appropriate $375,711,000 into the Fund to
cover a portion of the new obligational needs of the Fund.
CONSTRUCTION AND ACQUISITION
The conferees agree to provide $717,488,000 instead of
$646,385,000 as proposed by the House and $631,663,000 as
proposed by the Senate. The conferees agree with the direction
proposed by the Senate with respect to the Rosenn Federal
Courthouse in Wilkes-Barre, PA. The conferees concur with the
direction provided in House Report 107-575 on the new
courthouse in Chattanooga, TN, and urge the General Services
Administration (GSA) to keep this project on schedule (site
acquisition and design for fiscal year 2005 and construction
for fiscal year 2007).
Springfield, Massachusetts Courthouse
The conferees are aware that the General Services
Administration has identified more than $2,000,000 in
additional security features that exceed the original criteria
for the Springfield Courthouse in Massachusetts. The conferees
expect GSA to fulfill these additional security requirements
within the current budget estimates for the project or through
a reprogramming request.
REPAIRS AND ALTERATIONS
The conferees agree to provide $951,529,000 instead of
$978,529,000 as proposed by the House and $997,839,000 as
proposed by the Senate. Of the amount provided, $358,340,000 is
for basic repairs and alterations. The conferees elected not to
include amounts for specific projects and programs in the bill;
however, the conferees direct the General Services
Administration to provide the Committees on Appropriations,
within 60 days of enactment of this Act, a plan for expenditure
of the funds which includes the specific projects and programs
to be accomplished and the amounts proposed for each.
The conferees remain concerned about the plans for
repairing and upgrading the Post Office and Federal Building in
Pittsburgh, PA, and direct GSA to seriously consider requesting
any additional needs there might be for this project through
reprogramming. The conferees agree with the Senate direction
within the construction activity rather than the House
direction within this account concerning the needs of the
Rosenn Federal Courthouse in Wilkes-Barre, PA.
Eisenhower Executive Office Building
The conferees are keenly aware of the deplorable
condition of the Eisenhower Executive Office Building and the
critical need to move forward on a major multi-year repair and
alteration project for this property. The conferees remain
severely disappointed with information provided by the Office
of Management and Budget and GSA and very concerned with the
lack of clear, consistent, and timely decision-making by this
Administration on this project. The conferees believe that the
current lack of progress on planning the entire modernization
effort does a serious disservice to the Administration and the
affected personnel and that it would be premature and
inappropriate to fund incomplete design efforts in a piecemeal
fashion.
INSTALLMENT ACQUISITION PAYMENTS
The conferees agree to provide $178,960,000 as proposed
by the House and the Senate.
RENTAL OF SPACE
The conferees agree to provide $3,113,211,000 instead of
$3,153,211,000 as proposed by the House and the Senate.
NOAA Operations and Science Center
The conferees are aware that GSA is currently reviewing
expressions of interest for an assignable land option in the
College Park/Greenbelt Area of Prince George's County,
Maryland, for the NOAA Operations and Science Center. Further,
the conferees are concerned that the lease prospectus for this
project has not been submitted to Congress for approval.
Therefore, the conferees expect the Administration to submit
the lease prospectus to the House Committee on Transportation
and Infrastructure and the Senate Committee on Environment and
Public Works for approval no later than 30 days following the
enactment of this Act.
BUILDING OPERATIONS
The conferees agree to provide $1,965,160,000 as proposed
by the Senate instead of $1,925,160,000 as proposed by the
House. The conferees anticipate that the House of
Representatives will be a primary tenant of FOB 8. The
conferees strongly encourage GSA to move forward with the
ongoing discussions with representatives of the City of Canton,
Ohio, involving the Frank T. Bow Federal Building with the goal
of finding suitable housing for federal tenants in the Canton
area, which includes the option of building a new federal
building.
Angel Island Immigration
The conferees direct GSA to submit a report to the
Committees on Appropriations within 30 days after the date of
enactment on the status of the Angel Island Immigration Station
which outlines the role of the GSA, the National Park Service,
the National Archives, and any other relevant Federal agency in
the effort to properly maintain, preserve and restore the
Station as a national landmark.
Policy and Citizen Services
The conferees agree to provide $66,304,000 instead of
$65,995,000 as proposed by the House and the Senate. The
conferees agree to include $309,000 for full funding for fiscal
year 2003 operations.
OPERATING EXPENSES
The conferees agree to provide $83,663,000 instead of
$77,904,000 as proposed by the House and $94,640,000 as
proposed by the Senate. The conferees agree to include two
reductions, $6,436,000 for Governor's Island and $5,450,000 for
the full non-recur of five fiscal year 2002 items, as proposed
by the House. The conferees also agree to include the following
increases: $2,000,000 as a transfer to the New York State
Historical Society for exhibits, education, collections, and
research associated with the September 11, 2001 terrorist
attacks; $150,000 as a transfer to the Association of Central
Oklahoma Governments for establishing alternative fuel
facilities; $1,500,000 for the virtual archive storage
terminal; $300,000 for the Upper Great Plains Native American
Telehealth program; $300,000 for the University of Colorado
Health Science Center's Digital Telehealth project; $1,750,000
for the government rural outreach initiative; $125,000 as a
transfer to the North Dakota State Historical Society for the
veteran's oral history project; $1,000,000 for financial
transaction software; $250,000 as a transfer to the Boston
Public Library for the Adams collection; $250,000 as a transfer
to the State of Alaska to assist in preparation for its
Statehood celebration; $250,000 as a transfer to the State of
Hawaii to assist in preparation for its Statehood celebration;
and $534,000 for full funding for fiscal year 2003 operations.
The conferees also direct that, should the United States
Consensus Council become authorized, GSA is to provide the
council $1,000,000 from within existing funds to initiate the
effort.
Office of Inspector General
The conferees agree to provide $37,916,000 instead of
$37,617,000 as proposed by the House and the Senate. The
conferees agree to include $299,000 for the full funding of
fiscal year 2003 operations.
Electronic Government Fund
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $5,000,000 as proposed by
the Senate instead of no funds as proposed by the House; the
House had included $5,000,000 within the Executive Office of
the President. The conferees note that proposals for using this
funding are to meet capital planning guidelines and include
adequate documentation to demonstrate a sound business case,
attention to security and privacy, and a way to measure
performance against planned results. The Office of Management
and Budget is to control the allocation of the fund and direct
its use for information systems projects that affect multiple
agencies and offer the greatest improvements in access and
services.
Allowances and Office Staff for Former Presidents
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $3,339,000 as proposed by
the House and the Senate.
Election Reform Reimbursements
The conferees agree to provide $15,000,000 to GSA for a
program of payments to States that obtained optical scan or
electronic voting equipment for the administration of Federal
elections prior to the November 2000 election. These funds are
in addition to election reform funding provided in a separate
Division of this Act.
GENERAL PROVISIONS--GENERAL SERVICES ADMINISTRATION
Section 401. The conferees agree to continue a provision
that provides that accounts available to GSA shall be credited
with certain funds received from government corporations.
Section 402. The conferees agree to continue a provision
that provides that funds available to GSA shall be available
for the hire of passenger motor vehicles.
Section 403. The conferees agree to continue a provision
that authorizes GSA to transfer funds within the Federal
Buildings Fund to meet program requirements subject to approval
by the Committees on Appropriations.
Section 404. The conferees agree to continue a provision
that prohibits the use of funds to submit a fiscal year 2004
budget request for courthouse construction projects that do not
meet design guide criteria, do not reflect the priorities of
the Judicial Conference of the United States, and are not
accompanied by a standardized courtroom utilization study.
Section 405. The conferees agree to continue a provision
that provides that no funds may be used to increase the amount
of occupiable square feet or provide cleaning services,
security enhancements, or any other service usually provided to
any agency which does not pay the requested rental rates.
Section 406. The conferees agree to continue a provision
that provides that funds provided by the Information Technology
Fund for pilot information technology projects may be repaid to
the Fund.
Section 407. The conferees agree to continue a provision
as proposed by the House that allows the General Services
Administration to pay claims that are less than $250,000
without Congressional approval.
Section 408. The conferees agree to a new provision as
proposed by the Senate naming a Federal building and courthouse
in Gulfport, Mississippi.
Section 409. The conferees agree to a new provision as
proposed by the Senate naming a Federal courthouse in Central
Islip, New York.
Section 410. The conferees agree to a new provision as
proposed by the Senate naming a Federal building in Denver,
Colorado.
Section 411. The conferees agree to include a new
provision as proposed by the Senate to permit the General
Services Administration to sell a parcel of land to Hanna City,
Illinois, on an installment payment basis over a 5-year period.
Section 412. The conferees agree to include a new
provision as proposed by the Senate naming a Federal courthouse
in Little Rock, Arkansas.
Section 413. The conferees agree to include a new
provision as proposed by the Senate that authorizes the General
Services Administration to acquire a certain property and move
a specific building in Salt Lake City, Utah.
Section 414. The conferees agree to include a new
provision naming a Federal building and courthouse in
Youngstown, Ohio.
Section 415. The conferees agree to include a new
provision naming a Federal courthouse in Fort Worth, Texas.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $32,027,000 instead of
$31,788,000 as proposed by the House and the Senate. This
includes $239,000 to fully fund fiscal year 2003 operations.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL
POLICY TRUST FUND
The conferees agree to provide $1,996,000 as proposed by
the House and the Senate.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The conferees agree to provide $1,309,000 as proposed by
the House and the Senate.
National Archives and Records Administration
OPERATING EXPENSES
The conferees agree to provide $249,875,000 instead of
$249,731,000 as proposed by the House and the Senate. The
conferees agree not to include funding for the Homeland
Security records activities initiative. The conferees agree to
provide $144,000 for the full funding of fiscal year 2003
operations. The conferees agree to include two provisions as
proposed by the House, the first regarding the electronic
records archive and the second regarding the records of the
Freedman's Bureau.
REPAIRS AND RESTORATION
The conferees agree to provide $14,208,000 as proposed by
the Senate instead of $10,458,000 as proposed by the House. The
conferees agree to include $3,750,000 for site acquisition
associated with a new regional facility in Anchorage, Alaska;
this work is to be conducted by the National Archives in the
best and most efficient manner possible.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM
The conferees agree to provide $6,500,000 instead of
$7,000,000 as proposed by the House and the Senate. Several
specific concerns voiced by the Senate in its guidance have
been addressed in the GSA Operating Expenses account.
Office of Government Ethics
SALARIES AND EXPENSES
The conferees agree to provide $10,557,000 instead of
$10,486,000 as proposed by the House and the Senate. This
includes $71,000 to fully fund fiscal year 2003 operations.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The conferees agree to provide $129,486,000 instead of
$128,986,000 as proposed by the House and $128,736,000 as
proposed by the Senate.
Telecommuting Training Program
The conferees include $500,000 to carry out a
Telecommuting Training Program as proposed by the House. The
purpose of the program is to educate executive branch managers
about the benefits and logistics of telecommuting. The
conferees note that while the proportion of telecommuters in
the Federal government increased significantly from 1 percent
in 1999 to 4.2 percent in 2001, telecommuting rates at some
federal agencies remain very low and manager reluctance is the
most frequently cited barrier to telecommuting. The conferees
believe that, under this program, an effort should be made to
encourage managers, through the performance planning and
evaluation process, to assess and, where appropriate, create
telecommuting plans for their offices and staff. The conferees
direct the Office of Personnel Management (OPM) to target
executive agencies where less than 2 percent of employees
telecommute.
Retirement Readiness
The conferees are aware that OPM has the mission to look
out for the retirement welfare of Federal employees, primarily
through retirement counseling and pre-retirement seminars to
agency employees. OPM has communicated to the conferees that
``improving the retirement readiness of Federal employees is
part of our objective to help Federal agencies use effective
merit-based human capital strategies to create a rewarding work
environment that accomplishes the mission.'' OPM has also
recognized, however, that it does not currently have the
resources targeted to establish a methodology to examine the
real rate of Americans' ``retirement readiness'' and to develop
a retirement education model, which is crucial for their being
able to accomplish that objective. To fill this need, OPM has
recognized that the International Foundation for Retirement
Education (InFRE) can provide OPM with the methodology and
model that they require.
OPM and InFRE have proposed that InFRE will perform a
preliminary research project on the ``retirement readiness'' of
the American worker, the scope and deliverables of which are:
(1) create a research team to include members from InFRE's top
retirement professional and academic resources, together with
representatives from OPM, Department of Labor, and the
Department of Treasury; (2) develop research and methodology to
identify and define a generally acceptable index of
``retirement readiness'' for the individual worker or plan
participant; (3) develop initial methodology and strategies
with which to test for ``retirement readiness'' among a cross
section of employee (and employer) groups, segmented by
geography, income, ethnicity, gender, etc.; (4) implement a
pilot program consisting of a series of diverse field tests to
establish the accuracy and efficiency of the developed
methodology among a cross section of the workforce; (5) analyze
the findings and make any necessary changes and enhancements to
the models to be employed, performing additional pilot tests as
required while simultaneously identifying existing best
practices and/or workforce barriers; and (6) prepare a report
to OPM, Department of Labor, and Department of Treasury that
will present the research project's analysis, findings,
conclusions, and recommendations, to include a working
definition of the widely used but yet undefined term of
``retirement readiness,'' and outline a validated methodology
for more advanced research on ``retirement readiness'' in the
future.
The conferees concur with OPM's concerns for providing
better retirement counseling, especially in light of the fast
approaching retirements of the ``Baby Boomer'' cohort. Within
the amounts provided to OPM, the conferees include $250,000 for
OPM to award as a grant or contract to InFRE to conduct the
research project described in this passage and directs that OPM
provide the Committees on Appropriations with a report stating
the research project's progress, results and OPM's actions in
light of such.
Barnstable County, Massachusetts
The conferees are aware that on October 1, 2002, the
Federal Salary Council recommended that Barnstable County be
included as part of the Boston-Worcester-Lawrence, MA-NH-ME-RI-
CT Locality Pay Area (LPA). The conferees are also aware that
the President's Pay Agent did not act on that recommendation.
The conferees direct OPM to study the impact of this decision
on recruitment and retention efforts of Federal agencies with
offices in this Locality Pay Area and provide a detailed report
to the Committees on Appropriations within 45 days after
enactment of this Act. Additionally, the conferees direct OPM
to consider the Connecticut River Valley for inclusion into the
Hartford Locality Pay Area because of the difficulties some
Federal agencies have documented in retaining and attracting
Federal employees in the Connecticut River Valley.
Official Time
The conferees are aware that the Director of OPM has
instructed departments and agencies to report on the numbers of
hours of official time used by employees to perform
representational activities and that this information was to
have been submitted to OPM by October 31, 2002. The conferees
direct OPM to provide a report on official time to the
Committees on Appropriations no later than June 1, 2003.
Office of Inspector General
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The conferees agree to provide $1,519,000 instead of
$1,498,000 as proposed by the House and the Senate. This
includes $21,000 to fully fund fiscal year 2003 operations.
Office of Special Counsel
SALARIES AND EXPENSES
The conferees agree to provide $12,449,000 instead of
$12,432,000 as proposed by the House and $12,434,000 as
proposed by the Senate. This includes $15,000 to fully fund
fiscal year 2003 operations.
United States Tax Court
SALARIES AND EXPENSES
The conferees agree to provide $37,305,000 as proposed by
the House and the Senate.
White House Commission on the National Moment of Remembrance
The conferees agree to provide $250,000 as proposed by
the House and the Senate.
TITLE V--GENERAL PROVISIONS
This Act
Section 501. The conferees agree to continue the
provision limiting the expenditure of funds to the current year
unless expressly provided in this Act.
Section 502. The conferees agree to continue the
provision limiting the expenditure of funds for consulting
services under certain conditions.
Section 503. The conferees agree to continue the
provision prohibiting the use of funds to engage in activities
that would prohibit the enforcement of section 307 of the 1930
Tariff Act.
Section 504. The conferees agree to continue the
provision concerning employment rights of Federal employees who
return to their civilian jobs after assignment with the Armed
Forces.
Section 505. The conferees agree to continue the
provision that requires compliance with the Buy American Act.
Section 506. The conferees agree to continue the
provision regarding the purchase of American-made equipment and
products.
Section 507. The conferees agree to continue the
provision prohibiting contract eligibility where fraudulent
intent has been proven in affixing ``Made in America'' labels.
Section 508. The conferees agree to continue the
provision providing that fifty percent of unobligated balances
may remain available for certain purposes.
Section 509. The conferees agree to continue the
provision restricting the use of funds for the White House to
request official background reports without the written consent
of the individual who is the subject of the report.
Section 510. The conferees agree to continue the
provision that cost accounting standards under the Federal
Procurement Policy Act shall not apply to the Federal Employees
Health Benefits Program.
Section 511. The conferees agree to continue a provision
regarding non-foreign area cost of living adjustments.
Section 512. The conferees agree to continue a provision
prohibiting the use of funds by any person or entity convicted
of violating the Buy American Act.
Section 513. The conferees agree to include a new
provision increasing the size of the endowment for future
Presidential libraries, as proposed by the Senate.
Section 514. The conferees agree to include a new
provision prohibiting the transfer of funds in this Act to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or a
transfer authority provided in, this Act or any other
Appropriations Act, as proposed by the House.
Section 515. The conferees agree to modify and continue
the provision prohibiting the transfer of control over the
Federal Law Enforcement Training Center.
Section 516. The conferees agree to continue the
provision prohibiting the expenditure of funds for abortions
under the FEHBP.
Section 517. The conferees agree to continue the
provision that would authorize the expenditure of funds for
abortions under the FEHBP if the life of the mother is in
danger or the pregnancy is a result of an act of rape or
incest.
Section 518. The conferees agree to include a new
provision concerning procurement of goods made with forced or
indentured child labor, as proposed by the Senate.
TITLE VI--GENERAL PROVISIONS
Departments, Agencies and Corporations
Section 601. The conferees agree to continue the
provision authorizing agencies to pay costs of travel to the
United States for the immediate families of Federal employees
assigned to foreign duty in the event of a death or a life
threatening illness of the employee.
Section 602. The conferees agree to continue the
provision requiring agencies to administer a policy designed to
ensure that all of its workplaces are free from the illegal use
of controlled substances.
Section 603. The conferees agree to continue the
provision regarding price limitations on vehicles to be
purchased by the Federal Government.
Section 604. The conferees agree to continue the
provision allowing funds made available to agencies for travel
to also be used for quarters allowances and cost-of-living
allowances.
Section 605. The conferees agree to continue the
provision prohibiting the Federal Government, with certain
specified exceptions, from employing non-U.S. citizens whose
posts of duty would be in the continental U.S.
Section 606. The conferees agree to continue the
provision ensuring that agencies will have authority to pay GSA
bills for space renovation and other services.
Section 607. The conferees agree to continue the
provision allowing agencies to finance the costs of recycling
and waste prevention programs with proceeds from the sale of
materials recovered through such programs.
Section 608. The conferees agree to continue the
provision providing that funds may be used by certain groups to
pay rent and other service costs in the District of Columbia.
Section 609. The conferees agree to continue the
provision prohibiting the use of funds to pay the salary of any
nominee after the Senate voted not to approve the nomination.
Section 610. The conferees agree to continue the
provision precluding the financing of groups by more than one
Federal agency absent prior and specific statutory approval.
Section 611. The conferees agree to continue the
provision authorizing the Postal Service to employ guards and
give them the same special police powers as GSA guards.
Section 612. The conferees agree to continue the
provision prohibiting the use of funds for enforcing
regulations disapproved in accordance with the applicable law
of the U.S.
Section 613. The conferees agree to continue the
provision limiting the pay increases of certain prevailing rate
employees.
Section 614. The conferees agree to continue the
provision limiting the amount of funds that can be used for
redecoration of offices under certain circumstances.
Section 615. The conferees agree to continue the
provision prohibiting the expenditure of funds for the
acquisition of additional law enforcement training facilities.
Section 616. The conferees agree to continue the
provision to allow for interagency funding of national security
and emergency telecommunications initiatives.
Section 617. The conferees agree to continue the
provision requiring agencies to certify that a Schedule C
appointment was not created solely or primarily to detail the
employee to the White House.
Section 618. The conferees agree to continue the
provision requiring agencies to administer a policy designed to
ensure that all of its workplaces are free from discrimination
and sexual harassment.
Section 619. The conferees agree to continue the
provision prohibiting the importation of any goods manufactured
by forced or indentured child labor.
Section 620. The conferees agree to continue the
provision prohibiting the payment of the salary of any employee
who prohibits, threatens or prevents another employee from
communicating with Congress.
Section 621. The conferees agree to continue the
provision prohibiting Federal training not directly related to
the performance of official duties.
Section 622. The conferees agree to continue the
provision prohibiting the expenditure of funds for
implementation of agreements in nondisclosure policies unless
certain provisions are included.
Section 623. The conferees agree to continue the
provision prohibiting use of appropriated funds for publicity
or propaganda designed to support or defeat legislation pending
in Congress.
Section 624. The conferees agree to continue the
provision prohibiting any Federal agency from disclosing an
employee's home address to any labor organization, absent
employee authorization or court order.
Section 625. The conferees agree to continue the
provision prohibiting funds to be used to provide non-public
information such as mailing or telephone lists to any person or
organization outside the Federal Government without the
approval of the Committees on Appropriations.
Section 626. The conferees agree to continue the
provision prohibiting the use of funds for propaganda and
publicity purposes not authorized by Congress.
Section 627. The conferees agree to continue the
provision directing agency employees to use official time in an
honest effort to perform official duties.
Section 628. The conferees agree to modify and continue
the provision authorizing the use of funds to finance an
appropriate share of the Joint Financial Management Improvement
Program.
Section 629. The conferees agree to modify and continue
the provision authorizing agencies to transfer funds to the
Policy and Citizen Services account of GSA to finance an
appropriate share of the Joint Financial Management Improvement
Program and other purposes.
Section 630. The conferees agree to continue the
provision authorizing breastfeeding at any location in a
Federal building or on Federal property.
Section 631. The conferees agree to continue the
provision that permits interagency funding of the National
Science and Technology Council and provides for a report on the
budget and resources of the National Science and Technology
Council.
Section 632. The conferees agree to continue the
provision requiring that any request for proposals,
solicitation, grant application, form, notification, press
release, or other publications involving the distribution of
Federal funds shall indicate the agency providing the funds and
the amount provided. This provision shall apply to direct
payments, formula funds, and grants received by a State
receiving Federal funds.
Section 633. The conferees agree to modify and continue
the provision to extend the authorization for franchise fund
pilots for one year, as proposed by the House and Senate.
Section 634. The conferees agree to continue the
provision to prohibit the use of funds to monitor personal
information relating to the use of Federal Internet sites.
Section 635. The conferees agree to continue the
provision addressing contraceptive coverage in health plans
participating in the FEHBP with exceptions.
Section 636. The conferees agree to continue the
provision clarifying that the US Anti-Doping Agency is the
official anti-doping agency for Olympic games.
Section 637. The conferees agree to include a new
provision regarding the adjustment in rates of basic pay for
Federal employees that takes effect in fiscal year 2003, as
proposed by the House and Senate, with technical modifications.
The conferees endorse the Federal Salary Council's
recommendation for allocating locality pay in its October 17,
2002, Memorandum to the President's Pay Agent.
Section 638. The conferees agree to continue the
provision directing the Inspector General of applicable
departments and agencies to submit a report detailing policies
or procedures they have in place to ensure compliance with the
Rural Development Act of 1972.
Section 639. The conferees agree to include a new
provision expressing the sense of the Congress regarding the
United States Postal Service funding of Civil Service
Retirement System benefits, as proposed by the Senate, with a
modification.
Section 640. The conferees agree to include a new
provision expressing the sense of the Congress regarding pay
parity between uniformed employees and civilian employees,
including wage grade civilian employees, as proposed by the
Senate.
Section 641. The conferees agree to include a new
provision directing the General Services Administration to
accept all right, title, and interest in a certain piece of
real property in Boca Raton, Florida, as proposed by the
Senate, with modifications.
Section 642. The conferees agree to include a new
provision changing the definition of average pay for certain
Secret Service retirees for purposes of determining their
annual retirement annuity, as proposed by the House, with
technical modifications.
Section 643. The conferees agree to include a new
provision creating a sunset clause for Section 902(b) of the
Law Enforcement Pay Equity Act of 2000 (as enacted into law by
Public Law 106-554), as proposed by the House, with technical
modifications.
Section 644. The conferees agree to include a new
provision prohibiting the use of funds to facilitate the
release of certain law enforcement database information in
response to requests made under the Freedom of Information Act,
as proposed by the House, with technical modifications.
Section 645. The conferees agree to include a new
provision amending Section 9505(d) of title 5 to allow Internal
Revenue Service Senior Executive Service employees to be
eligible to receive the same bonus payments as other Federal
Senior Executive Service employees, as proposed by the House.
Section 646. The conferees agree to include a new
provision prohibiting the use of funds to implement or enforce
regulations relating to the determination that real estate
brokerage is an activity that is financial in nature or
incidental to a financial activity, as proposed by the House.
Section 647. The conferees agree to include a new
provision prohibiting the use of funds to establish, apply or
enforce any numerical goal, target, or quota for contracting
out, as proposed by the Senate.
Section 648. The conferees agree to include a technical
correction regarding benefits for air traffic controllers.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2003 recommended by the Committee of Conference,
with comparisons to the fiscal year 2002 amount, the 2003
budget estimates, and the House and Senate bills for 2003
follow:
New budget (obligational) authority, fiscal year 2002... $33,817,112
Budget estimates of new (obligational) authority, fiscal
year 2003........................................... 34,276,280
House bill, fiscal year 2003............................ 34,821,460
Senate bill, fiscal year 2003........................... 34,533,464
Conference agreement, fiscal year 2003.................. 34,653,476
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2002.............................................. +836,364
Budget estimates of new (obligational) authority,
fiscal year 2003.................................. +377,196
House bill, fiscal year 2003........................ -167,984
Senate bill, fiscal year 2003....................... +120,012
DIVISION K
Veterans Affairs, Housing and Urban Development, and Independent
Agencies Appropriations
The language and allocations set forth in House Report
107-740 and the Senate explanatory statement as delineated in
the Congressional Record of January 15, 2003, pages S356
through S410 should be complied with unless specifically
addressed to the contrary in the conference report and
statement of the managers. Report language included by the
House which is not changed by the report of the Senate or the
conference and Senate report language which is not changed by
the conference is approved by the committee of the conference.
The statement of the managers, while repeating some report
language for emphasis, does not intend to negate the language
referred to above unless expressly provided herein. In cases
which the House or Senate have directed the submission of a
report, such report is to be submitted to both House and Senate
Committees on Appropriations.
Operating Plan and Reprogramming Procedures
The conferees continue to have a particular interest in
being informed of reprogrammings which, although they may not
change either the total amount available in an account or any
of the purposes for which the appropriation is legally
available, represent a significant departure from budget plans
presented to the Committees in an agency's budget
justifications, the basis of this appropriations Act.
Consequently, the conferees direct the Departments,
agencies, boards, commissions, corporations and offices funded
at or in excess of $100,000,000 in this bill, to consult with
the Committee on Appropriations in both the House and Senate
prior to each change from the approved budget levels in excess
of $500,000 between programs, activities, object
classifications or elements unless otherwise provided for in
the statement of the managers accompanying this Act. For
agencies, boards, commissions, corporations and offices funded
at less than $100,000,000 in this bill, the reprogramming
threshold shall be $250,000 between programs, activities,
object classifications or elements unless otherwise provided
for in the statement of the managers accompanying this Act.
Additionally, the conferees expect the Committees on
Appropriations to be promptly notified of all reprogramming
actions which involve less than the above-mentioned amounts. If
such actions would have the effect of significantly changing an
agency's funding requirements in future years, or if programs
or projects specifically cited in the statement of the managers
or accompanying reports of the House and Senate are affected by
the reprogramming, the reprogramming must be approved by the
Committees on Appropriations regardless of the amount proposed
to be moved. Furthermore, the conferees direct that the
Committees on Appropriations be consulted regarding
reorganizations of offices, programs, and activities prior to
the planned implementation of such reorganizations.
The conferees also direct that the Departments of
Veterans Affairs and Housing and Urban Development, as well as
the Corporation for National and Community Service, the
Environmental Protection Agency, the Federal Emergency
Management Agency, the National Aeronautics and Space
Administration, the National Science Foundation, the Consumer
Product Safety Commission, and the Chemical Safety and Hazard
Investigation Board shall submit operating plans, signed by the
respective secretary, administrator, or agency head, for review
by the Committees on Appropriations of both the House and
Senate within 60 days of the bill's enactment. Other agencies
within this Act should continue to submit operating plans
consistent with prior year policy, or as directed in this
statement of the managers.
The conferees reiterate language proposed by the House
regarding the Committees' longstanding position that while the
Committees reserve the right to call upon all offices in the
departments, agencies, boards, and commissions, access to the
budget offices is essential.
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
Of the amounts approved in the appropriations accounts in
this title, the Department must limit transfers of funds
between objectives to not more than $500,000, except as
specifically noted, without prior approval of the Committees.
No changes may be made to any account or objective, except as
approved by the Committees, if it is construed to be policy or
change in policy. Any activity or program cited in the
statement of the managers shall be construed as the position of
the conferees and should not be subject to reductions or
reprogramming without prior approval of the Committees. It is
the intent of the conferees that all carryover funds in the
various appropriations accounts are subject to the normal
reprogramming requirements outlined above. The Department is
expected to comply with all normal rules and regulations in
carrying out these directives. Finally, the Department should
continue to notify the Committees regarding reorganizations of
offices, programs, or activities prior to the planned
implementation of such reorganizations.
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
Appropriates $28,949,000,000 for compensation and
pensions as proposed by both the House and the Senate, of which
not more than $17,138,000 is to be transferred to general
operating expenses and medical care.
READJUSTMENT BENEFITS
Appropriates $2,264,808,000 for readjustment benefits as
proposed by both the House and the Senate.
VETERANS INSURANCE AND INDEMNITIES
Appropriates $27,530,000 for veterans insurance and
indemnities as proposed by both the House and the Senate.
VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates such sums as may be necessary for costs
associated with direct and guaranteed loans from the veterans
housing benefit program fund program account as proposed by
both the House and the Senate, plus $168,207,000 to be
transferred to and merged with general operating expenses.
Deletes the reporting requirement regarding the
continuation of the vendee loan program as proposed by the
House.
EDUCATION LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $1,000 for the costs of direct loans from
the education loan fund program account as proposed by both the
House and the Senate, plus $70,000 to be transferred to and
merged with general operating expenses.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $55,000 for the costs of direct loans from
the vocational rehabilitation loans program account as proposed
by both the House and the Senate, plus $289,000 to be
transferred to and merged with general operating expenses.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $558,000 for administrative expenses of the
native American housing loan program account to be transferred
to and merged with general operating expenses as proposed by
both the House and the Senate. Retains the loan limitation of
$5,000,000 for the program as proposed by the House.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS VETERANS
PROGRAM ACCOUNT
Provides up to $750,000 of the funds available in medical
care and general operating expenses to carry out the guaranteed
transitional housing loans for homeless veterans program as
proposed by both the House and the Senate. Retains the
reporting requirement regarding the status of the grant program
as proposed by the House with a new reporting date of June 2,
2003.
Veterans Health Administration
MEDICAL CARE
Appropriates $23,889,304,000 for medical care as proposed
by both the House and the Senate.
Deletes bill language proposed by the House and the
Senate delaying the availability of funds for equipment and
land and structures until August 1, 2002 remaining available
until September 30, 2003.
Retains bill language making $900,000,000 available until
September 30, 2004 as proposed by the House and the Senate.
Retains bill language providing the Secretary with the
authority to establish a true priority system for veterans
seeking medical care as proposed by the Senate. The House did
not include a similar provision.
Deletes bill language providing $15,000,000 from medical
care funds for CARES projects as proposed by the Senate. The
House did not include a similar provision.
Deletes bill language allowing the Secretary to designate
additional funds for CARES as proposed by the Senate. The House
did not include a similar provision.
Amends the reporting requirement regarding the plan for
reducing waiting lists as proposed by the Senate with a new
reporting date consistent with submission of the Operating
Plan.
The conferees are concerned with increasing instances of
inaccurate physician time and attendance reports and expect the
Secretary to provide strong oversight in this area.
Amends the reporting requirement regarding the status of
the Fort Howard VAMC as proposed by the Senate with a new
reporting date of March 31, 2003.
Retains the reporting requirement proposed by the Senate
regarding submission of the final report of the White House
Commission on Complementary and Alternative Medicine Policy.
Retains language proposed by the Senate regarding the
need for an independent property appraisal of the Lakeside VAMC
facility. The establishment of community based outpatient
clinics in Wisconsin and Illinois, and the rehabilitation and
expansion of the West Side VAMC campus would be greatly
enhanced by a fair market disposition of Lakeside and the
conferees urge the VA to move forward expeditiously with the
VISN 12 CARES implementation.
The conferees are concerned that the VA is attempting to
expand its activities in the name of homeland security. The
Committees on Appropriations in both the House and the Senate
are working to ensure programs and resources are available for
the Department of Homeland Security (DHS) to fulfill its
mission, for individual agencies to protect their own workforce
and patrons, and still avoid redundancy in spending and effort.
The funds provided to the VA are meant to deliver quality care
and services to our Nation's veterans and their families and
the conferees expect this to be VA's primary mission.
Coordination and implementation of the Nation's homeland
security is the responsibility of the DHS, and the conferees
trust that DHS will inform the Committees if funds and
directives are needed to involve VA in additional duties for
security. To this end, the conferees direct that no more than
$110,000,000 shall be available in medical care or the medical
care collections fund for security training and equipment.
MEDICAL CARE COLLECTIONS FUND
(INCLUDING TRANSFER OF FUNDS)
Retains bill language transferring receipts from the
collections fund to medical care as proposed by both the House
and the Senate.
The conferees remain concerned with VA's continued
lackluster performance in the collection of third party
receipts and direct the VA to decline performance awards for
facility directors and collection teams which do not meet a 60-
day billing time for third-party billing or cut the third-party
billing time in half.
Retains report language regarding the billing
demonstration at a level of not less than $3,000,000 as
proposed by the House. The conferees direct quarterly reports
on the status of the billing demonstration project beginning on
March 3, 2003.
MEDICAL AND PROSTHETIC RESEARCH
(INCLUDING TRANSFER OF FUNDS)
Appropriates $400,000,000 for medical and prosthetic
research as proposed by the Senate instead of $405,000,000 as
proposed by the House. Retains bill language transferring
$5,000,000 to medical care for research oversight activities as
proposed by the House. The Senate did not include a similar
provision.
The conferees direct the continued partnership with the
National Technology Transfer Center at the current level of
effort.
MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES
Appropriates $74,716,000 for medical administration and
miscellaneous operating expenses as proposed by the House
instead of $69,716,000 as proposed by the Senate. Provides
$3,000,000 of the funds for two-year obligation instead of
$3,861,000 as proposed by the Senate and one-year availability
for all funds as proposed by the House.
Departmental Administration
GENERAL OPERATING EXPENSES
Appropriates $1,254,000,000 for general operating
expenses instead of $1,251,418,000 as proposed by the House and
$1,256,418,000 as proposed by the Senate.
Provides $66,000,000 to be available for two-year
obligation instead of $60,000,000 as proposed by the House and
$65,800,000 as proposed by the Senate.
Provides not less than $992,100,000 for the Veterans
Benefits Administration (VBA) as proposed by the House. The
Senate specified $992,000,000 in report language for VBA.
The conferees direct that the Offices of the Board of
Contract Appeals and Board of Veterans Appeals, and the Offices
of Assistant Secretaries for Management, Information
Technology, Human Resources, and Policy and Planning be funded
at not less than the budget request minus the proposed accrual
benefit transfer. The conferees have not provided funds for a
new Assistant Secretary of Operations, Security and
Preparedness, and maintain that coordination of the
Department's programs in this area can be accomplished by a
director under the Office of the Secretary, and implementation
of the Department's plan can be executed by the existing
undersecretaries.
Retains language proposed by the House designating
$100,000 of the funds provided to VBA for a position
description evaluation conducted by the Office of Personnel
Management.
NATIONAL CEMETERY ADMINISTRATION
Appropriates $133,149,000 for the National Cemetery
Administration as proposed by both the House and the Senate.
Provides $6,000,000 of the funds are available for two-year
obligation instead of $6,912,000 as proposed by the Senate and
one-year availability for all funds as proposed by the House.
The conferees direct VA to use the criteria and findings
of the National Shrine Study when planning and budgeting for
new and expanded cemetery projects.
OFFICE OF INSPECTOR GENERAL
Appropriates $58,000,000 for the Office of Inspector
General instead of $61,000,000 as proposed by the House and
$55,000,000 as proposed by the Senate. The funds are available
for two-year obligation as proposed by the Senate, instead of
one-year availability as proposed by the House.
CONSTRUCTION, MAJOR PROJECTS
Appropriates $99,777,000 for construction, major projects
instead of $193,740,000 as proposed by the House and
$144,790,000 as proposed by the Senate. Regrettably, under the
stringent budget conditions the conferees have agreed not to
provide funding for the four proposed seismic projects, but
note the absence of final authorization as required by law or a
completed CARES study for any of the proposed projects. The
conferees are extremely concerned about the safety of VA
employees and patients. The conferees strongly urge the
Secretary to complete expeditiously the CARES reviews, consider
safety improvements and seismic retrofit needs when evaluating
capital assets under CARES, and factor safety concerns when
establishing the priority list of construction projects under
the CARES realignment. Further, the conferees urge the
authorizing committees to act quickly, and without prejudice,
when authorizing the CARES construction projects proposed by
the Secretary and the CARES Commission.
The conferees remain concerned about the criteria used by
the Department and the Capital Improvement Board in that the
construction projects put forth in the budget requests do not
necessarily reflect the true priorities or initiatives of the
Department. The conferees direct the Department to establish a
5-year strategic plan for capital asset management,
construction and improvement of all VA's infrastructure needs
including, but not limited to, major construction, minor
construction, research facilities, safety and seismic
improvements, and improved access to veterans. The Department
shall submit a description of the priority-setting criteria and
an estimated cost by VISN by year with the plan by May 15,
2003. The conferees direct VA to submit for funding
consideration only projects which are (1) CARES approved, (2)
in the 5-year plan, (3) a top priority for the VISN, (4)
preliminary design complete, and (5) authorized prior to
completion of the annual appropriations Act. With the
submission of the 5-year plan, the conferees delete the
direction proposed by the House regarding full funding of any
announced CARES decision.
Amends the reporting requirement regarding the evaluation
criteria used to prioritize CARES improvement projects with a
new reporting date of June 2, 2003.
CONSTRUCTION, MINOR PROJECTS
Appropriates $226,000,000 for construction, minor
projects instead of $240,700,000 as proposed by the House and
$210,700,000 as proposed by the Senate. The conferees strongly
urge the Department to give more consideration and a greater
percentage of available funds for quality and safety
improvements to research facilities.
Retains language proposed by the House directing projects
to be consistent with CARES initiatives and national cemetery
studies. The conferees direct reporting on all minor
construction projects for fiscal year 2003 by network, region
and office due with the Operating Plan.
Of funds provided over the budget request, the conferees
direct $2,000,000 for water utility improvements at the Bay
Pines National Cemetery, as cited in the National Shrine
Commitment nation-wide study.
The conferees encourage improving entrance accessibility
at the Syracuse VAMC.
PARKING REVOLVING FUND
Allows for receipts from the parking revolving fund to be
available for obligation as proposed by both the House and the
Senate.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
Appropriates $100,000,000 for grants for construction of
state extended care facilities as proposed by both the House
and the Senate.
GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES
Appropriates $32,000,000 for grants for construction of
state veterans cemeteries as proposed by both the House and the
Senate.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Retains twelve administrative provisions proposed by both
the House and the Senate, eleven of which were included in the
fiscal year 2002 bill.
Retains language proposed by the House and the Senate
eliminating the health services improvement fund, depositing
all receipts in the medical care collections fund, and
permanently extending the Department's authority to collect
prescription co-payments.
Retains language proposed by the House allowing the
Department to reimburse from fiscal year 2003 salary and
expenses accounts for services rendered to the Office of
Resolution Management up to $29,318,000 and the Office of
Employment Discrimination Complaint Adjudication up to
$3,010,000. The Senate proposed a similar provision with
technical differences.
Retains language proposed by the House limiting funds for
medical treatment of non-service connected veterans to those
who have provided accurate insurance and annual income
information.
Deletes language proposed by the House delaying the
implementation of the geographic means test for one year.
Deletes language proposed by the House prohibiting funds
in the Act to be used to adjudicate claims arising from new
concurrent receipt legislation. The conferees note that the
Veterans Benefits Administration will be able to handle the
claims caseload within the proposed funding level.
Retains language proposed by the House providing
$19,900,000 of VA's total information technology budget for
enterprise architecture activities under the Office of the
Chief Information Officer.
Amends language proposed by the House regarding
implementation of Public Law 107-287 by prohibiting funds for
implementation of section 2 and section 5.
Deletes language proposed by the House limiting funds in
medical care and the medical care collections fund for security
training and equipment to $110,000,000. Directive report
language is instead included under medical care.
Adds language exempting funds provided in medical care
from the across-the-board rescission in Division N.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
The conferees restate the reprogramming requirements with
respect to amounts approved for each appropriations account
within this title. The Department must limit the reprogramming
of funds between the programs, projects, and activities within
each account to not more than $500,000 without prior approval
of the Committees on Appropriations. Unless otherwise
identified in this statement of managers or committee reports,
the most detailed allocation of funds presented in the budget
justifications shall be considered to be approved, with any
deviation from such approved allocation subject to the normal
reprogramming requirements outlined above. Further, it is the
intent of the conferees that all carryover funds in the various
accounts, including recaptures and deobligations, are subject
to the normal reprogramming requirements outlined above.
Further, no changes may be made to any program, project, or
activity if it is construed to be policy or a change in policy,
without prior approval of the Committees. Finally, the
conferees expect to be notified regarding reorganizations of
offices, programs or activities prior to the planned
implementation of such reorganizations, as well as be notified,
on a monthly basis, of all ongoing litigation, including any
negotiations or discussions, planned or ongoing, regarding a
consent decree between the Department and any other entity.
Public and Indian Housing
HOUSING CERTIFICATE FUND
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
Appropriates $17,223,566,000 instead of $16,586,987,000
as proposed by the House and $16,928,697,000 as proposed by the
Senate. The conference agreement does not include language
proposed by the Senate to fund a portion of the section 8
voucher program through an indefinite appropriation.
The conference agreement provides a total of
$12,335,932,000 for section 8 voucher renewal costs, instead of
$11,751,000,000 as proposed by the House, $12,076,210,908 as
proposed by the Senate, and $12,526,402,608 requested in the
budget submission. The amount included assumes a 94 percent
lease-up rate of the total number of authorized vouchers,
adjusted to reflect an estimated national average cost of
$6,372 per unit instead of the $6,005 per unit cost assumed in
the budget request and assumed by the House and the Senate. The
conference agreement includes language, modified from language
proposed by the House, to fund section 8 vouchers in a manner
that more closely reflects the actual funding requirements of
the section 8 voucher program. This approach adopted by the
conferees is designed to avoid the appropriation of funds in
excess of actual requirements that in previous years has
resulted in recaptures of funds in excess of $1,000,000,000
(and often substantially more) annually while still including
sufficient flexibility to ensure that those PHAs that are able
to increase their voucher usage are provided the necessary
funds to assist additional families, up to their authorized
level. The conferees strongly encourage PHAs that are currently
below their authorized voucher level to continue to make
efforts to increase the number of families assisted with
section 8 vouchers.
Further, the conferees direct the Department to ensure
that sufficient staffing and information technology resources
are provided in fiscal year 2003 to ensure that the changes
made to the section 8 program are fully implemented.
In lieu of any direction included in the House and Senate
reports, the Department is directed to use the guidance set
forth below in administering the programs under this account in
fiscal year 2003.
The conference agreement includes language to allocate
funds among the various activities as proposed by the House.
Funds are allocated as follows:
Contract Renewals.--$15,278,370,500 for renewals of
expiring section 8 project-based assistance contracts,
amendments to section 8 project-based contracts, renewals of
expiring section 8 vouchers (including enhanced vouchers), and
for renewals of contracts entered into pursuant to the
Emergency Low-Income Housing Preservation Act, the Low-Income
Housing Preservation and Resident Homeownership Act, and
section 441 of the McKinney-Vento Homeless Assistance Act.
Language is included, modified from language proposed by
the House, to renew expiring section 8 tenant-based annual
contributions contracts for each public housing agency based on
the total number of unit months reported under lease by the PHA
on its most recent end-of-year financial statement adjusted by
such additional timely and reliable information submitted by
the PHA to reflect the actual number of unit months under lease
at the time of contract renewal, and adjusted for local and
regional inflation factors. Language is also included, modified
from language proposed by the House, regarding the allocation
of funds to PHAs participating in the Moving to Work
demonstration. The conferees note that the amounts provided for
fiscal year 2003 renewals have been increased to reflect the
most recent estimate of a national average per-unit cost (PUC)
of $6,372, instead of the $6,005 PUC assumed in the budget
submission.
Language is included prohibiting funds made available for
contract renewals from being provided to a PHA to fund a total
number of units under lease in excess of such PHA's authorized
level of units. However, the conferees encourage PHAs to use
the flexibilities provided in this Act to continue to increase
the number of families assisted up to their authorized level.
Consistent with the manner in which section 8 project-
based administrative costs are funded, the conference agreement
includes funds for administrative expenses for the section 8
voucher program separately as proposed by the House, instead of
including funds for this purpose within the amount provided for
section 8 vouchers renewals as proposed by the Senate. Amounts
provided for renewals are only to be used for rental subsidy
costs.
Language is not included directing the Secretary to enter
into contracts to renew 2,077,336 vouchers as proposed by the
Senate. The House did not include a similar provision.
Central Reserve Fund.--$391,922,000 for a central reserve
fund to be allocated by the Secretary for amendments to section
8 annual contributions contracts. Language is included,
modified from language proposed by the House, allowing the
Secretary to use amounts made available in such fund to address
significant increases in per unit costs for vouchers and for
costs associated with increases in the number of vouchers under
lease as compared to the number of vouchers under lease at the
time of the PHA's contract renewal. The conference agreement
requires that PHAs use a portion of their program reserves for
these purposes prior to requesting funds from the central fund
to replenish such reserves. A total of $938,000,000 is
available in fiscal year 2003 in program reserve accounts
derived from amounts provided from other sources. The conferees
note that each PHA is provided an 8 percent program reserve
account at the beginning of each year, which is an additional
one-month's worth of funding in addition to estimated actual
requirements, to address any increased per unit costs and to
allow a PHA to increase their voucher usage up to their
authorized level. The conference agreement reflects the most
current per unit cost data, and provides additional funds for
vouchers over the amounts proposed by both the House and Senate
to accommodate this known increased cost. Therefore, the
conferees strongly encourage those PHAs that are below their
total authorized voucher level to use amounts available in
their program reserve accounts to make every effort to increase
their voucher lease-up rate. To facilitate that effort,
language is included requiring the Secretary to make the
necessary amounts available from the central fund to any PHA
that has obligated the amounts it has been provided for
contract renewals and has expended fifty percent of the amounts
available in its program reserve account. Once these
requirements are met, the Secretary is required to replenish
such reserves as necessary within thirty days of a request from
such agency.
Modified language is included, similar to language
proposed by the House, requiring the Secretary to submit
quarterly reports to the Committees on Appropriations on the
obligation of funds provided in this paragraph. Such report
shall include, at a minimum, the following: the amounts made
available from the central fund provided to replenish program
reserves which are held by PHAs, delineated by PHA; the purpose
forwhich the funds were provided; and the total balance
remaining in the fund. The first such report is due no later than July
31, 2003.
Funds provided in the central fund are only to be used
for rental subsidies. Funding for administrative expenses is
provided separately under this account.
Language is included prohibiting funds made available in
the central fund from being used to support a total number of
units under lease in excess of a PHA's authorized level of
units.
Language is not included to allow the central fund to be
used to provide additional incremental vouchers to high
performing public housing agencies as proposed by the House.
The Senate did not include similar language.
Language is not included to allow the central fund to be
used to reallocate vouchers among public housing agencies as
proposed by the Senate. The House did not include similar
language. In addition, the conference agreement does not
include language requiring the reallocation of vouchers among
public housing agencies as proposed by the Senate. The House
did not include a similar provision.
Language is not included to provide an indefinite
appropriation for the Section 8 voucher program to make
additional funds from the Treasury available should amounts
appropriated be insufficient. The House did not include a
similar provision.
Tenant Protection.--$234,016,500 for rental subsidies for
tenant protection activities to replace project-based section 8
assistance with section 8 vouchers, for conversion of section
202 and section 23 projects to section 8 assistance, for the
family reunification program, and for the witness protection
program.
Funds included for tenant protection are only to be used
for rental subsidies since funds for administrative expenses
are provided separately under this account.
Family Self Sufficiency Coordinators.--$48,000,000 for
service coordinator staff in each public housing agency,
instead of $46,000,000 as proposed by the House. The Senate did
not allocate a specific amount for this purpose.
Administrative Costs--Section 8 Voucher Program.--Not to
exceed $1,072,257,000 for PHA administrative costs and other
expenses, of which $69,547,000 is for associated administrative
expenses related to new tenant protection vouchers and
additional vouchers supported from the central fund. The House
proposed a total of $1,177,000,000 for this purpose, including
$50,000,000 for new vouchers. The Senate did not allocate a
specific amount for this purpose.
Language is included determining the distribution of
funds provided as authorized under section 8(q) of the United
States Housing Act of 1937, as in effect immediately before the
enactment of the Quality Housing and Work Responsibility Act of
1998 as proposed by the Senate. Language is not included
limiting administrative fees and other expenses to no more than
10 percent of the rental subsidy paid and requiring
administrative fee reserve balances to be used exclusively to
support the section 8 program as proposed by the House. The
conferees remain concerned that many PHAs have accumulated
significant excess balances in reserve accounts from unspent
section 8 administrative fees. Language is included prohibiting
fiscal year 2003 fee payments from being made to any PHA unless
such PHA reports to the Secretary on the amounts remaining in
their administrative fee reserve account as of January 31,
2003. Language is also included reducing fiscal year 2003 fee
payments to any PHA by any such amounts remaining available in
such PHA's administrative fee reserves which exceed 105 percent
of the amount of fees paid to such agency in fiscal year 2002,
but exempts those PHAs whose fiscal year 2003 payments will not
exceed $100,000. Language is also included requiring the
Secretary to recapture any fiscal year 2003 funds provided to a
PHA which are in excess of the amounts expended by such PHA for
the section 8 voucher program and that are not otherwise needed
to maintain an administrative fee reserve account balance of
not to exceed five percent. Modified language is also included,
similar to language proposed by the House, requiring the
Secretary to provide a report to the Committees on
Appropriations no later than July 1, 2003 on the administrative
costs and other expenses associated with the section 8 voucher
program. Such report shall include, but not be limited to, the
following: the total amount of administrative fees paid
compared to the actual amount of fees expended to administer
the section 8 voucher program in fiscal year 2002; the total
amount of administrative fee reserve funds used in fiscal year
2002 by PHAs to support non-section 8 voucher programs, and the
purposes for which the funds were used; a comparison of the
administrative fee structure used for the section 8 voucher
program as compared to the project-based subsidy program; and
recommendations for changes to the section 8 voucher program
administrative fee structure to better align fees with actual
costs. The conferees agree that the Committees on
Appropriations will take the results of this study into
consideration when making future funding decisions, including
the appropriate level of administrative fee reserves. The
Senate did not propose similar language.
Administrative Costs--Project-Based Section 8 Program.--
$196,000,000 for contractors to administer the project-based
section 8 program, the same amount proposed by the House and
Senate.
Working Capital Fund.--Not less than $3,000,000 for
transfer to the Working Capital Fund for the development of and
modifications to information technology systems as proposed by
both the House and the Senate.
Includes new language allowing the Secretary to transfer
up to 15 percent of the funds provided for contract renewals,
the central fund and administrative fees between such
activities under certain circumstances and in accordance with
certain procedures. Language is also included under
Administrative Provisions in this title to provide the
Secretary with flexibility in applying any across-the-board
rescission mandated elsewhere in this Act to funds provided in
this account. The conferees have included this flexibility to
ensure that any such reduction does not result in a decrease in
the number of families that are currently being assisted
through the section 8 voucher program.
Includes language permanently requiring all PHAs to
submit accounting data for funds provided under this account in
this Act or any other Act by source of funds and purpose of
such funds as proposed by the House. The Senate did not include
similar language.
The conference agreement does not include $36,000,000 for
incremental vouchers for disabled families as proposed by the
House. The Senate did not include similar language. However,
modified language is included, similar to language proposed by
the Senate, to ensure that PHAs continue to make available
vouchers previously provided for non-elderly disabled families
to other non-elderly disabled families upon turnover. The House
did not include similar language. The conferees direct the
Department to review the effectiveness of section 8 vouchers in
meeting the housing needs of persons with disabilities and
report back to the Committees on Appropriations on its findings
no later than August 15, 2003.
Includes language rescinding $1,600,000,000 from
unobligated balances of funds appropriated in fiscal year 2002
and prior years, instead of $1,300,000,000 as proposed by the
House and $1,400,000,000 as proposed by the Senate. Includes
language allowing unobligated balances in programs governed by
reallocation provisions to be used to meet this rescission as
proposed by the Senate. The House did not include similar
language. Modified language, similar to language proposed by
both the House and the Senate, is included to cancel balances
from certain terminated contracts.
Language is not included requiring that amounts made
available for welfare-to-work vouchers remain available in
subsequent fiscal years exclusively for such families upon
voucher turnover or renewal as proposed by the Senate. The
House did not include similar language.
The conferees direct the Department to submit quarterly
reports on the project-based section 8 program to the
Committees on Appropriations which identify the number of units
and properties for which owners have elected to opt-out of the
project-based section 8 program or pre-pay mortgages on
federally-assisted properties, and the repair needs of units
remaining in the project-based section 8 program.
PUBLIC HOUSING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriates $2,730,000,000 for the public housing
capital fund instead of $2,683,400,000 as proposed by the
Senate and $2,843,400,000 as proposed by the House.
Includes modified language, similar to language proposed
by the House, designating $447,000,000 to be allocated only to
those PHAs which utilized their funds in compliance with the
statutory timeliness requirements pursuant to the Quality
Housing and Work Responsibility Act of 1998 (QHWRA). The
additional funds are to enable those PHAs to address their
backlog of maintenance needs in addition to their annual
maintenance requirements. The Senate did not include similar
language.
Does not include language proposed by the Senate
restating the applicability of the QHWRA timeliness
requirements to fiscal year 1999 funds. The House did not
propose a similar provision. The conferees note that this
language was made permanent in the fiscal year 2002
appropriations Act.
The conferees continue to be concerned that the
Department has failed to issue regulations to implement the
statutory timeliness requirements of QHWRA more than four years
after enactment of the statute. Until such time as final
regulations are implemented, the conferees have continued the
interim measures included in the fiscal year 2002 Act as a
mechanism to ensure that those PHAs which have demonstrated
their ability to use capital funds in a timely manner receive
additional funds for their backlog maintenance needs. The
conference agreement includes language, similar to language
proposed by the House, directing the Secretary to issue final
regulations implementing the timeliness requirements of QHWRA
no later than August 1, 2003.
Includes modified language, similar to language proposed
by the House and Senate, reallocating recaptured funds to PHAs
designated as high-performing agencies.
Includes $51,000,000 for technical assistance, including
up to $11,000,000 for remediation services to certain troubled
PHAs as proposed by the House, instead of $54,000,000 for
technical assistance, including up to $13,000,000 for
remediation services as proposed by the Senate.
Includes no less than $18,600,000 for information
technology systems and up to $500,000 for section 23 projects
as proposed by the House. The Senate did not include similar
language.
Includes up to $50,000,000 for emergency capital needs
resulting from emergencies or natural disasters instead of up
to $75,000,000 as proposed by the House and Senate. The
conferees recognize the importance of emergency funds but note
that given the historic use of such funds, $50,000,000 is ample
to cover emergency activities for the remainder of fiscal year
2003.
The conference agreement does not include $100,000,000
for a new loan financing program of public housing associated
with authorization legislation included as an administrative
provision in this title as proposed by the Senate. However, the
conferees are interested in exploring additional mechanisms to
leverage private sector financing for improvements in public
housing. The conferees further understand that some PHAs have
used existing statutory authorities to successfully pursue
private financing for such purposes. The conferees direct that
the Department provide a report to the Committees on
Appropriations no later than August 7, 2003, on those PHAs that
have entered into private financing partnerships for capital
modernization needs, and the results of those partnerships.
The conferees reiterate the direction included in the
House report regarding quarterly reports on the obligation and
expenditure of capital funds.
PUBLIC HOUSING OPERATING FUND
Appropriates $3,600,000,000 for the public housing
operating fund as proposed by the House instead of
$3,530,000,000 as proposed by the Senate.
Language is not included making funds available for two
years as proposed by the Senate. The House did not include a
similar provision.
Modified language is included, similar to language
proposed by the Senate, providing up to $250,000,000 from
amounts provided to make additional fiscal year 2002 operating
subsidy payments to those fourth quarter PHAs that did not
receive the same level of operating assistance provided to all
other PHAs. The conferees are disappointed with HUD's failure
to fund the fiscal year 2002 operating subsidy payments for
PHAs within the level appropriated for such purpose in fiscal
year 2002. The conferees believe that HUD's repeated practice
of using a portion of the funds appropriated for current year
operating subsidy payments to augment the amount of prior year
operating subsidy payments above the level appropriated is, at
a minimum, inappropriate, and question whether such practice is
in violation of appropriations law. The conferees note that
this inappropriate practice has resulted in operating subsidy
payments being made to PHAs at a level in excess of the amounts
provided for such purpose in the appropriations Act. Therefore,
the conference agreement includes language, similar to language
proposed by the Senate, prohibiting funds provided for
operating subsidies in fiscal year 2004 and subsequent fiscal
years from being used to supplement fiscal year 2003 operating
subsidy payments. The conferees reiterate the direction
included in the Senate report requiring HUD to fund fiscal year
2003 operating subsidy payments solely from fiscal year 2003
funds. Further, the conferees expect the Department to have in
place the necessary systems to accurately account for
expenditures of operating subsidy funds.
The conferees note that, in the fiscal year 2000
appropriations Act, the Committees on Appropriations
commissioned the Harvard University Graduate School of Design
to conduct a study on the costs incurred to operate well-run
public housing that was to then be used to inform the
development of a final rule for the operating subsidy formula.
The conferees understand that the final draft cost study report
has recently been released and includes a number of
recommendations that would result in adjustments to the
operating subsidy formula to make it reflect more accurately
the costs of operating well-run public housing. The
recommendations indicated that PHAs can make a number of
reforms consistent with the management of Federally-subsidized
private and non-profit multifamily housing that would result in
management and cost efficiencies in public housing. The
conferees expect PHAs to adopt such practices and efficiencies,
as appropriate. The conferees expect the Department to use the
results and recommendations of the study as it develops a final
rule for the operating subsidy formula, as directed in the
fiscal year 2000 appropriations Act. Further, the conferees
direct the Department to report to the Committees on
Appropriations, no later than May 15, 2003, on the timeline for
publishing a final operating subsidy rule and the Department's
plans for using the recommendations of the cost study in the
development of the final rule.
The conferees direct the Department to report to the
Committees no later than August 20, 2003, on the extent to
which public housing agencies have used capital funds to
subsidize operating expenses and the impact of such use on
critical housing rehabilitation needs. Such report should
include a review of individual PHAs.
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)
Appropriates $574,000,000 for the revitalization of
severely distressed public housing program (HOPE VI) as
proposed by the House and the Senate.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(INCLUDING TRANSFERS OF FUNDS)
Appropriates $649,000,000 as proposed by the House
instead of $648,570,000 as proposed by the Senate. Of the total
amount, $4,000,000 is for inspections, training, and technical
assistance instead of $3,000,000 as proposed by the House and
$5,000,000 as proposed by the Senate.
Language is not included allowing the Secretary to
provide technical and financial assistance for problems
associated with mold as proposed by the Senate. The House did
not include a similar provision. The conferees understand that
such language is unnecessary since the current statutory
authorities allow the Secretary to provide such assistance. The
conferees direct the Secretary to continue to provide such
assistance as authorized under the existing statute.
The conferees reiterate the direction included in the
Senate report regarding the use of qualified Native-owned firms
in the design and construction of Indian housing.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $5,300,000 for guaranteed loans for Native
American housing on trust lands as proposed by the House
instead of $5,000,000 as proposed by the Senate.
Of the total amount, $100,000 is for the Indian Land
Title Report Commission as proposed by the House. The Senate
did not propose similar language.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $1,035,000 for guaranteed loans for Native
Hawaiian housing as proposed by the House instead of $1,000,000
as proposed by the Senate.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
Appropriates $292,000,000 for housing opportunities for
persons with AIDS (HOPWA) as proposed by both the House and the
Senate.
In lieu of the language included in the Senate report,
the Department is directed to renew all expiring HOPWA
contracts for permanent supportive housing funded under the
non-formula component of the HOPWA program to the extent that
such projects meet all other program requirements consistent
with the language included in the conference agreement.
RURAL HOUSING AND ECONOMIC DEVELOPMENT
Appropriates $25,000,000 for rural housing and economic
development as proposed by both the House and Senate. Language
is included requiring funds to be awarded by June 1, 2003 as
proposed by the House instead of June 1, 2004 as proposed by
the Senate.
EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES
Appropriates $30,000,000 for grants to the second round
of empowerment zones as proposed by both the House and Senate.
Language is included making funds available for obligation for
three years as proposed by the House, instead of no-year
authority as proposed by the Senate.
Language is not included making the expenditure of funds
in future years contingent upon the enactment of tax
legislation as proposed by the Senate. The House did not
include similar language. The conferees continue to maintain
that this program should be treated as a mandatory program
consistent with the Round I empowerment zones, rather than as a
discretionary program.
COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFERS OF FUNDS)
Appropriates $4,937,000,000 for various activities funded
in this account, instead of $5,000,000,000 as proposed by the
House and the Senate. The conferees agree to the following:
$4,367,930,000 for formula grants under the Community
Development Block Grant program (CDBG), instead of
$4,577,000,000 as proposed by the House and $4,580,200,000 as
proposed by the Senate. The amount provided represents an
increase of $26,930,000 above the fiscal year 2002 level;
$71,000,000 for grants to Indian tribes instead of
$70,000,000 as proposed by the House and $72,500,000 as
proposed by the Senate;
$3,300,000 for the Housing Assistance Council as proposed
by the House and the Senate;
$2,400,000 for the National American Indian Housing
Council instead of $2,200,000 as proposed by the House and
$2,600,000 as proposed by the Senate;
$49,100,000 for section 107 grants, instead of
$33,500,000 as proposed by the House and $45,500,000 as
proposed by the Senate. Within the amount provided for section
107 grants, the conference agreement provides the following
earmarks:
$7,000,000 for insular areas;
$10,000,000 for historically black colleges and
universities. The conferees expect that up to
$2,000,000 of these funds will be used to provide
technical assistance to ensure that the intended
recipients can utilize more fully the funds provided;
$3,000,000 for community development work study;
$6,500,000 for Hispanic serving institutions;
$7,000,000 for the Community Outreach Partnerships
program;
$3,000,000 for tribal colleges and universities;
$3,000,000 for Alaska Native-Serving Institutions
and Native Hawaiian-Serving Institutions; and
$9,600,000 for assistance under the Hawaiian
Homelands Homeownership Act of 2000. The House proposed
$9,600,000 for this activity as a separate set aside
under this account;
$5,000,000 for the National Housing Development
Corporation for continuation of its program of acquisition,
rehabilitation, and preservation of at-risk affordable housing,
including $2,000,000 for operating expenses as proposed by the
House. The Senate did not propose funding for this program;
$5,000,000 for the National Council of La Raza HOPE Fund,
of which $500,000 is for technical assistance and fund
management and $4,500,000 is for investments and financing as
proposed by the House. The Senate did not propose funding for
this program;
$9,000,000 for Neighborhood House in St. Paul, Minnesota
for construction of the Paul and Sheila Wellstone Center for
Community Building, instead of $5,000,000 as proposed by the
Senate. The House did not propose funding for this program;
$25,250,000 for grants to eligible grantees under section
11 of the Self Help Housing Opportunity Program, instead of
$28,500,000 as proposed by the House and $22,000,000 as
proposed by the Senate;
$32,500,000 for capacity building, instead of $29,500,000
as proposed by the House and $35,500,000 as proposed by the
Senate. Of this amount, $28,250,000 shall be for LISC and the
Enterprise Foundation, of which at least $5,000,000 is for
rural areas. Additionally, $4,250,000 is for Habitat for
Humanity International, instead of $4,500,000 as proposed by
the House and $4,000,000 as proposed by the Senate;
$60,000,000 for Youthbuild instead of $65,000,000 as
proposed by the House and the Senate;
$261,000,000 for economic development initiatives instead
of $144,600,000 as proposed by the House and $130,500,000 as
proposed by the Senate. In lieu of the direction included in
the House report, the conferees note that projects receiving
funds must comply with the environmental review requirements
set forth in section 305(c) of the Multifamily Housing Property
Disposition Act of 1994 (42 U.S.C. 3547). The conferees will
not entertain waivers of such requirements. In addition, funds
provided for projects shall not be used for reimbursement of
expenses incurred prior to the receipt of economic development
initiative funding. Modified language is included, similar to
language proposed by the House and Senate, targeting funds made
available under this program. Because of tight budget
constraints, the conferees reduced funding for these targeted
grants by 10 percent from the amounts originally proposed in
the House and Senate reports. Targeted grants shall be made as
follows:
1. $202,500 to continue the rehabilitation of the former
Alaska Pulp Company mill site in Sitka, Alaska;
2. $202,500 to the City of Craig, Alaska for construction
of a Marine Industrial Park;
3. $405,000 to the City of Petersburg, Alaska for
construction of an aquatic center;
4. $450,000 for the Mananuska-Susitna Borough for an
agricultural processing facility in Wasilla, Alaska;
5. $450,000 for Ketchikan, Alaska for the Tongass Coast
Aquarium in Ketchikan, Alaska;
6. $450,000 for the Southside Community Center in
Fairbanks, Alaska for an addition;
7. $450,000 for the Alaska-Siberian Research Center World
War II Lend Lease memorial in Fairbanks, Alaska;
8. $900,000 for Alaska Pacific University for the
restoration of an historic property in Anchorage, Alaska;
9. $900,000 for Petersburgh, Alaska for waterfront
improvements;
10. $1,400,750 for the Rasmussen Foundation for housing
redevelopment in Anchorage, Alaska;
11. $22,500 to the Northwest Alabama Children's Advocacy
Center in Florence, Alabama for facility renovations;
12. $45,000 to the City of Athens, Alabama for
construction of an Alabama Korean War Veterans Memorial;
13. $45,000 to the City of Tuscumbia, Alabama for
construction of facilities associated with the Helen Keller
festival;
14. $90,000 for construction of the Northeast Etowah
County Community and Senior Center, Alabama;
15. $90,000 to the Birmingham, Alabama Regional Planning
Commission for an economic development planning study;
16. $90,000 to the City of Decatur, Alabama for planning
for a Technical Training Center;
17. $90,000 to the Historic Huntsville Foundation in
Huntsville, Alabama for sidewalks, curbs, street lighting,
outdoor furniture and facade improvements in the Mill Village
neighborhood;
18. $90,000 to the Northwest Alabama Mental Health Center
for facilities renovation;
19. $90,000 for the City of Prattville, Alabama for the
Boys and Girls Club of Prattville;
20. $97,200 to the Randolph County Commission for
facilities renovation for the restoration of the historic
Randolph County Courthouse and Annexes in Wedowee, Alabama;
21. $121,500 to the Clay County Commission for facilities
renovations for the restoration of the historic Clay County
Courthouse, Alabama;
22. $135,000 to the City of Huntsville, Alabama for
facilities construction for the Alabama Constitution Village
Plaza;
23. $135,000 to Collinsville, Alabama for construction or
renovation of the Collinsville Public Library;
24. $135,000 to the Russellville Hispanic Coalition of
Alabama for building renovations;
25. $180,000 for Lawson State Community College in
Alabama for facilities construction for an information
technology training and placement service center;
26. $180,000 to Fayette County, Alabama for construction
of the Fayette County Agribusiness Facility;
27. $202,500 to Huntingdon College in Montgomery, Alabama
for repairs and renovations to the Bellingrath Natural Sciences
facility;
28. $202,500 to Jefferson County, Alabama for renovation
and expansion of the Leroy Brown Health Education Building;
29. $202,500 to the National Peanut Festival Fairgrounds
for construction of the National Peanut Festival Agriculture
Arena in Dothan, Alabama;
30. $225,000 to the Northwest Alabama Council of Local
Governments in Muscle Shoals, Alabama for the construction of a
joint economic development facility to be used by the Shoals
Economic Development Authority and the Shoals Chamber of
Commerce;
31. $225,000 for the City of Talladega, Alabama for the
restoration of the Historic Antique Talladega;
32. $270,000 for Haleyville, Alabama for a downtown
revitalization project;
33. $675,000 to the National Children's Advocacy Center
in Huntsville, Alabama for construction of a research and
training campus;
34. $710,000 for the Mobile Historic Development
Commission in Mobile, Alabama for a Neighborhood Initiative
Program;
35. $1,507,000 to Spring Hill College in Mobile, Alabama
for construction of a new library and Regional Resource
Learning Center;
36. $2,700,000 to Tuscaloosa, Alabama for the Tuscaloosa
Downtown Revitalization Project;
37. $180,000 to the City of Bradley, Arkansas for
construction of a community center;
38. $180,000 for the City of Dermott, Arkansas for the
Dermott City Community Nursing Home expansion;
39. $202,500 for construction of the North Arkansas
College Conference and Workforce Center in Harrison, Arkansas;
40. $270,000 for the Florence Crittenden Home in Little
Rock, Arkansas for the expansion of services, education
programs, and emergency shelter;
41. $450,000 for the Arkansas YMCAs for program
development;
42. $900,000 for Arkansas State University at Mountain
Home for construction of the Vada Sheid Community Center and to
develop community outreach programs;
43. $157,500 to the County of Santa Cruz, Arizona for
restoration of a historic building;
44. $180,000 to the Town of Guadalupe, Arizona for
renovations to the Mercado shopping center;
45. $202,500 to the Boys and Girls Club of Scottsdale for
facility construction in Fountain Hills, Arizona;
46. $364,500 to the National Law Center for Inter-
American Free Trade in Tucson, Arizona for facilities
construction;
47. $405,000 to Arizona State University for facilties
construction for the Center for Basic Research and Applied
Research within the Barry M. Goldwater Center for Science and
Engineering;
48. $45,000 to Southeast-Rio Vista YMCA in Huntington
Park, California for renovation of a building;
49. $45,000 to Food Share, Inc. of Ventura County,
California for development of a new warehouse facility;
50. $76,500 to the Tri-Counties Easter Seals for
construction of a child development center in Ventura County,
California;
51. $81,000 to the County of San Bernardino, California
for facilities renovation, sidewalk and facade improvements of
the Crestline Revitalization/Houston Creek project;
52. $81,000 to the County of San Bernardino, California
for facilities expansion for the Big Bear Zoo;
53. $90,000 to Occidental College in Los Angeles,
California for continued construction of a science center;
54. $90,000 to the American Film Institute in Los
Angeles, California for renovation of facilities;
55. $90,000 to the Boys and Girls Club of National City,
California for facilities repairs at the Wayne Sevier Memorial
Gymnasium;
56. $90,000 to the City of Carpinteria, California for
facilities modernization and renovation of the Carpinteria
Veteran's Memorial Building;
57. $90,000 to the City of El Monte, California for
construction of a teen and education center;
58. $90,000 to the City of Fontana, California for
restoration and renovation of recreational facilities;
59. $90,000 to the City of Garden Grove, California for
facilities construction at the West Haven Community Center;
60. $90,000 to the City of La Puente, California for
construction of a youth activity and learning center;
61. $90,000 to the City of Lawndale, California for
construction of a new senior center;
62. $90,000 to the City of Palo Alto, California for the
rehabilitation and expansion of the Childrens' Library;
63. $90,000 to the City of San Fernando, California for a
feasibility study of business redevelopment focused on major
commercial corridors;
64. $90,000 to the Contra Costa Community College in
California for the Regional Training Institute's facility
renovation;
65. $90,000 to the Intergenerational Daycare Center,
Organization for the Needs of the Elderly in Van Nuys,
California for facility construction;
66. $90,000 to the Tech Museum of Innovation in San Jose,
California for renovations necessary for theater improvements;
67. $90,000 to the Watts Theatre and Education Center in
Los Angeles, California for renovations to the center;
68. $90,000 to the YMCA of San Francisco, California for
construction of a facility in the Bayview-Hunters Point
neighborhood and rehabilitation of the Chinatown facility;
69. $90,000 to Children's Hospital, San Diego, California
for facilities construction for the Convalescent Hospital;
70. $90,000 to Kelseyville Senior Center in Lake County,
California for renovations of a facility into a senior center;
71. $90,000 for the Arcata House Inc., California for
facility renovations;
72. $112,500 for El Rescate in Los Angeles, California
for renovation of a facility to house a social service agency;
73. $112,500 to the SRO Housing Corporation in Los
Angeles, California for facilities construction for the James
Wood Memorial Community Center;
74. $121,500 to the City of Lancaster, California for
renovation of the Antelope Valley Mental Health Association
headquarters building;
75. $121,500 to the City of Twentynine Palms, California
for construction of the Twentynine Palms Visitor Center;
76. $121,500 to the Hi-Desert Medical Center in Joshua
Tree, California for facilities expansion for the Obstetrics
Center;
77. $121,500 to the History Department of the Natural
History Museum of Los Angeles County for facility improvements
for the William S. Hart Museum in Newhall, California;
78. $135,000 to the City of San Rafael, California for
renovation of the Pickleweed Park Community Center;
79. $135,000 to the City of Santa Monica, California for
renovation of a historic structure for use as a visitor center;
80. $135,000 to the Spanish Speaking Unity Council in
Oakland, California for rehabilitation of affordable elderly
housing;
81. $162,000 to the City of Lancaster, California for
facilities construction and improvements for the National
Soccer Center;
82. $162,000 to the City of Temecula, California for
construction of the Gymnasium-Old Town Temecula;
83. $162,000 to the Community Action Partnership of Kern,
California for construction of a food bank;
84. $180,000 to the City of Vallejo, California for
historic structure renovations at Mare Island;
85. $180,000 to the Sacramento Housing and Redevelopment
Agency in Sacramento, California for construction of a learning
center;
86. $202,500 to the Agua Caliente Cultural Museum in Palm
Springs, California for facilities construction;
87. $202,500 to the City of Diamond Bar, California for
construction of a community center;
88. $202,500 to the City of Ripon, California for
construction of a Youth Center Complex;
89. $202,500 to the City of Riverside, California for
facilities construction for the Riverside Regional Technology
Transfer Center;
90. $202,500 to the City of Stockton, California for
renovation of the Fox Theatre;
91. $202,500 to the East County YMCA in La Mesa,
California for facilities construction and improvements;
92. $202,500 to the Sweetwater Authority for recreation
facilities construction at Sweetwater and Loveland Reservoirs
in San Diego County, California;
93. $225,000 to the City of Eureka, California for
construction of a waterfront facility as part of the downtown
revitalization;
94. $225,000 for Covenant House California in Oakland to
purchase and renovate a building;
95. $225,000 to the Martin Luther King Jr., Freedom
Center in Oakland, California to build a community center;
96. $225,000 to the Center Theater Group of Los Angeles,
California for the Culver Theater project;
97. $225,000 for the Corporation for Supportive Housing
in California for a homeless intervention program;
98. $243,000 to the Fund for the Preservation of the
California State Mining and Mineral Museum for facilities
construction in Mariposa, California;
99. $270,000 to the City of Salinas, California for
construction of recreational facilities;
100. $283,500 to the City of Citrus Heights, California
for facilities construction for the Sayonara Neighborhood
revitalization project;
101. $283,500 to the City of Shasta Lake, California for
construction of a senior housing complex;
102. $324,000 to the Kern County Office of Education for
facilities construction for the the Mobility Opportunities via
Education project in Southeast Bakersfield, California;
103. $324,000 to the West Side Park and Recreation
District for renovation of the Taft Community Pool in Taft,
California;
104. $360,000 to the City of San Francisco, California
for construction of the Mission Bay Senior Housing Project;
105. $405,000 to the City of San Diego, California for
construction of the Elm Street residences for transitional
housing;
106. $405,000 to the Boys and Girls Club of Las Virgenes,
Inc. for facilities construction in the City of Thousand Oaks,
California;
107. $405,000 to the City of La Mesa, California for
facilities construction and improvements for the La Mesa PARKS
Project;
108. $405,000 to the City of Westminster, California for
construction of a community center;
109. $405,000 to the Palomar YMCA in Escondido,
California for construction of an aquatic center;
110. $405,000 to the Town of Apple Valley, California for
construction of an aquatic center;
111. $450,000 for the City of Inglewood, California for
the construction of a senior center;
112. $450,000 for the City of Fresno, California for the
redevelopment of the Roeding Business Park;
113. $540,000 for the City of Madera, California for a
community cultural and youth center;
114. $675,000 for the City of East Palo Alto, California
for redevelopment to Ravenswood Industrial Area;
115. $810,000 to the City of Rancho Cucamonga, California
for construction of a senior center;
116. $90,000 to Arvada Center for the Arts and Humanities
in Arvada, Colorado for facilities expansion;
117. $90,000 to the City of Aurora, Colorado for planning
related to Fitzsimons Commons;
118. $405,000 to the Harp Foundation for construction of
the Historic Arkansas Riverwalk ``Link'' Project of Pueblo,
Colorado;
119. $900,000 for the Denver Art Museum, in Denver,
Colorado;
120. $1,800,000 for Colorado UpLift;
121. $90,000 to the City of Meriden, Connecticut for a
study to determine the feasibility of the construction of a
community play house and arts center;
122. $90,000 to the City of Waterbury, Connecticut for an
economic feasibility study focused on construction of a multi-
purpose sports facility;
123. $90,000 to Sacred Heart University in Fairfield,
Connecticut for library facilities renovations;
124. $135,000 to the town of Newtown, Connecticut for
future use planning and renovation of the Batshelder property;
125. $180,000 to Domestic Violence Services of Greater
New Haven, Connecticut for renovation and construction of a
facility for transitional housing;
126. $225,000 to Columbus House, Inc. in New Haven,
Connecticut for construction of an emergency shelter for
homeless adults;
127. $270,000 for the Wadsworth Atheneum Museum of Art in
Hartford, Connecticut for expansions and renovations;
128. $270,000 for Hall Neighborhood House in Bridgeport,
Connecticut to build a child care center;
129. $283,500 to Mystic Seaport for a facilities
restoration and conversion project of the American Maritime
Education and Research Center in Mystic, Connecticut;
130. $360,000 for the Town of Ledyart, Connecticut to
build a public safety services building;
131. $360,000 for the Hartt School of Performing Arts
Education Center in West Hartford, Connecticut for building
renovations;
132. $405,000 to the Environmental Learning Centers of
Connecticut for facilities expansion for the Harry C. Barnes
Memorial Nature Center in Bristol, Connecticut;
133. $405,000 to the New Britain Museum of American Art
in New Britain, Connecticut for facility construction;
134. $67,500 for Arena Stage for facilities construction
in the District of Columbia;
135. $180,000 for the Seaford Historical Society in
Seaford, Delaware for the renovation of a vacant property;
136. $360,000 for the Riverfront Development Corporation
in Wilmington, Delaware for an environmental education center;
137. $450,000 for the Wilmington Housing Authority,
Delaware for redevelopment of blighted land;
138. $90,000 to St. Petersburg, Florida for completion of
facilities improvements at the Florida Botanical Garden and
Folk Cultural Center;
139. $112,500 to Santa Fe Community College in
Gainesville, Florida for construction of a fine arts building;
140. $112,500 to the City of Gainesville, Florida for
sidewalk and curb improvements;
141. $202,500 to the City of Clearwater, Florida for
waterfront facilities construction of the ``Beach by Design
Initiative'';
142. $202,500 to the City of Jacksonville, Florida for
facilities construction for the Patriots Village Transitional
Housing Community;
143. $202,500 to the City of Ocoee, Florida for
construction of a senior citizens/veterans services center;
144. $202,500 to the City of Riviera Beach, Florida for
construction and renovation of facilities as part of the Urban
Commercial Retail Development Project;
145. $202,500 to the City of Sanford, Florida for
construction of a parking facility at the Hotel Conference
Center;
146. $202,500 to the MainStreet Deland Association, Inc.
for restoration of the Athens Theatre in Deland, Florida;
147. $202,500 to the Tampa, Florida Port Authority for
facilities construction and renovation of a terminal;
148. $225,000 for Family Resources of St. Petersburg,
Florida for construction of a crisis shelter and family
counseling center;
149. $225,000 to Bethune Cookman College in Daytona
Beach, Florida for construction of a community services center
and student union;
150. $225,000 to the Community Aging and Retirement
Services (CARES) of Pasco County, Florida for renovation and
build out of the Crescent Enrichment Center & Theater in Dale
City, Florida;
151. $270,000 for the Jacksonville Port Authority,
Florida for brownfields clean-up;
152. $324,000 to the Wolfsonian-Florida International
University of Miami Beach, Florida for facilities expansion and
improvements;
153. $337,500 to the City of Plantation, Florida for
construction of an amphitheater;
154. $360,000 for the City of Largo, Florida for
construction of a new downtown Largo library;
155. $360,000 to Refuge House in Tallahassee, Florida for
construction of a battered women's shelter;
156. $405,000 to the Central Florida Community College in
Marion County, Florida for facilties construction for an
information technology center;
157. $405,000 to the Florida International University
College of Law in Miami, Florida for construction of facilities
for a student legal clinic;
158. $450,000 for facilities construction for the Stetson
University College of Law, Tampa, Florida campus;
159. $675,000 for facilities construction for Tampa Bay
Watch in Florida;
160. $675,000 for the City of Daytona Beach, Florida for
boardwalk area revitalization;
161. $900,000 for Eckerd College in St. Petersburg,
Florida for the expansion of the Youth Opportunity and
Development Center;
162. $900,000 for the City of St. Petersburg, Florida,
Manhattan redevelopment project for facilities renovation and
improvements for a business development center;
163. $900,000 for the historic restoration and renovation
of the Biltmore Hotel in Coral Gables, Florida;
164. $166,000 to the City of Savannah, Georgia for
development of the Savannah Battlefield Park Heritage Center;
165. $180,000 to Morehouse College in Atlanta, Georgia
for construction of a performing arts center;
166. $202,500 for facilities construction for the Dual
Rail Industrial Park in Dooly County, Georgia;
167. $202,500 for the Tommy Nobis Center in Marietta,
Georgia for facilities renovations and improvements;
168. $202,500 for the Warner Robins Museum of Aviation in
Houston County, Georgia for expansion of facilities for the
Century of Flight exhibit;
169. $202,500 to Mercer University of Macon, Georgia for
facilities construction for the Critical Personnel Development
Program;
170. $202,500 to Rockdale County, Georgia for facilities
construction for the Georgia Veterans Park;
171. $202,500 to Wesleyan College of Macon, Georgia for
the restoration and renovation of historic buildings;
172. $270,000 for College Partners Inc. in Atlanta,
Georgia for neighborhood revitalization;
173. $270,000 for the Tubman Museum in Macon, Georgia for
a new facility;
174. $283,500 for the preservation of historic buildings
at Georgia College and State University, a Historically Women's
Public College and University;
175. $405,000 to the Liberty County, Georgia Development
Authority for facilities construction at the Coastal MegaPark;
176. $450,000 for Spellman College in Atlanta, Georgia
for renovations of Packard Hall;
177. $450,000 for the Dekalb County Community Center,
Georgia for the construction of a community center;
178. $900,000 for Ebenezer Baptist Church in Atlanta,
Georgia for the continued construction of a senior center;
179. $135,000 to the YMCA of Honolulu, Hawaii for
construction of a multi-purpose community and recreation
center;
180. $180,000 for the Waianae Coast Comprehensive Health
Center, Hawaii for construction of an expanded facility;
181. $270,000 for the Nanakuli Neighborhood in Oahu,
Hawaii for housing management classes;
182. $270,000 for the State of Hawaii for the Boys and
Girls Club of Hawaii;
183. $450,000 for the County of Kauai, Hawaii for the
West Kauai High Tech Training Facility;
184. $450,000 for the Alternative Structures
International in Waianae, Hawaii for expansion of housing
facilities;
185. $675,000 for the County of Hawaii for the
construction of an emergency homeless shelter in Kailua-Kona;
186. $675,000 for the County of Maui, Hawaii for senior
housing;
187. $90,000 to the Mahaska County Crisis Intervention
Services Domestic Shelter in Oskaloosa, Iowa for facilities
renovation of the domestic shelter;
188. $270,000 to the City of Clinton, Iowa for
development in the business park area;
189. $270,000 to the Mid-American Housing Partnership in
Cedar Rapids, Iowa for the Housing Trust Fund;
190. $270,000 to the City of Cedar Rapids, Iowa for
brownfields redevelopment;
191. $360,000 to the City of Council Bluffs, Iowa for
land acquisition and clean-up;
192. $360,000 to the City of Waterloo, Iowa for
redevelopment of the Rath area brownfields and housing
development;
193. $360,000 to the City of Dubuque, Iowa for land
acquisition and clean-up;
194. $360,000 to the City of Davenport, Iowa for the
Scott County Housing Council trust fund;
195. $405,000 to Systems Unlimited, Inc. in the Iowa
City/Cedar Rapids community, Iowa for facilities expansion;
196. $405,000 to the City of Fort Dodge, Iowa for
facility renovations for the Senior Citizens Campus project;
197. $450,000 to the City of Des Moines, Iowa for
facilities construction for the Des Moines Agrimergent
Technology Park;
198. $225,000 for Lewis-Clark State College for the Idaho
Virtual Incubator;
199. $225,000 for the Historic Silver City Foundation in
Silver City, Idaho for the restoration of the historic Silver
City School;
200. $324,000 to Idaho State University for construction
of the L.E. and Thelma E. Stephens Performing Arts Center;
201. $450,000 for the Clearwater Economic Development
Association in Clearwater, Idaho for the Lewis and Clark
Bicentennial Solid Waste Disposal program;
202. $450,000 for Boise State University, Idaho for a
Center for Environmental Science and Economic Development;
203. $900,000 for the Clearwater Economic Development
Association in Clearwater, Idaho for the implementation of the
Lewis and Clark Bicentennial Plan;
204. $67,500 to Ridgeway Senior Center in Gallatin
County, Illinois for renovation of the senior center;
205. $67,500 to Norris City Senior Center in White
County, Illinois for renovation of the senior center;
206. $81,000 to Family House in Peoria, Illinois for
facilities construction;
207. $81,000 to the City of Normal, Illinois for
facilities construction according to the downtown redevelopment
plan;
208. $90,000 to Family Focus in Evanston, Illinois for
facilities improvements;
209. $90,000 to Haymarket Center in Chicago, Illinois for
renovations to a facility to serve as a drug intervention
center;
210. $90,000 to Oak Lawn Children's Museum in Oak Lawn,
Illinois for facilities renovations;
211. $90,000 to the Brookfield Zoo in Brookfield,
Illinois for construction of a learning center;
212. $90,000 to the Village of Hampton, Illinois for
construction of the Hampton Heritage Center;
213. $90,000 to the Village of Riverside, Illinois for
restoration of a historic structure;
214. $90,000 to the Village of South Holland, Illinois
for facilities improvements for its community center;
215. $90,000 to the Chicago, Illinois Parks District for
construction of a fieldhouse located at 39th and Cottage Grove;
216. $135,000 to Lewis and Clark Community College in
Godfrey, Illinois for construction of the Great Rivers Research
and Education Center;
217. $135,000 to the Village of Olympia Fields, Illinois
for construction of a hall, public library and upgraded
commuter station;
218. $162,000 to Eureka College, Illinois for continued
construction of the Science and Technology Center;
219. $162,000 to Joliet Junior College in Joliet,
Illinois for construction of a multipurpose agricultural
education and event center;
220. $162,000 to the Centers for the Prevention of Abuse
for facilities construction in Peoria, Illinois;
221. $180,000 to the Safer Foundation in Chicago,
Illinois for renovation of a building into transitional
housing;
222. $180,000 for the City of Freeport, Illinois for a
new library building;
223. $202,500 to DuPage County, Illinois for facilities
renovations for the Convalescent Center Rehabilitation Project;
224. $202,500 to Roosevelt University of Chicago,
Illinois for renovations to the auditorium building;
225. $202,500 to the American Red Cross of Greater
Chicago, Illinois for facilities construction;
226. $202,500 to the City of DeKalb, Illinois for
rehabilitation of facilities for the Downtown Community Center;
227. $202,500 to the Northfield Park District in
Northfield, Illinois for facilities construction;
228. $225,000 for the Youth Services Bureau of Illinois
in LaSalle County for improvements and relocation of
facilities;
229. $225,000 for Cornerstone Services in Joliet,
Illinois for renovation of facility;
230. $225,000 for the City of Quincy, Illinois to
renovate the historic downtown Washington Theatre;
231. $225,000 for the City of Peoria, Illinois for
infrastructure improvements to foster economic development in
the biosciences field;
232. $243,000 for facilities renovation for Teen
Challenge in Decatur, Illinois;
233. $360,000 for the Mercy Home for Boys and Girls in
Chicago, Illinois for facility expansion;
234. $360,000 for the Merit School of Music in Chicago,
Illinois for the construction of a new facility;
235. $405,000 to the City of Elgin, Illinois for
construction of pedestrian improvements;
236. $450,000 for the City of Chicago, Illinois for
cleanup associated with economic development in Chicago's
Pilsen/Little Village Community;
237. $450,000 to the Chicago Park District for Phase II
of Ping Tom Memorial Park development in Chicago's Chinatown
community;
238. $607,500 to the Village of Addison, Illinois for
facilities construction for the Addison Neighborhood Resource
Center and Park;
239. $1,260,000 to Rush-Presbyterian St. Luke's Medical
Center in Chicago, Illinois for renovations to the life safety
and infant security facilities;
240. $135,000 to the City of Indianapolis, Indiana for
construction at the Life Sciences Research Park;
241. $283,500 to Tri-State University for facilities
construction for the Center for Technology and On-Line
Resources in Angola, Indiana;
242. $405,000 to Madison Township, Indiana for
construction of a community center;
243. $405,000 to the James Whitcomb Riley Hospital for
Children in Indianapolis, Indiana for improving inpatient
facilities for the Chistian Sarkine Autism Center;
244. $900,000 to Purdue University in West Lafayette,
Indiana for facilities construction for the Northwest Indiana
Purdue Technology Center;
245. $90,000 for facilities renovations and improvements
for the Evergreen Public Library in Wichita, Kansas;
246. $135,000 to the Unified Government of Wyandotte
County and Kansas City, Kansas for sidewalk and curb
improvements;
247. $234,000 for facilities renovation and expansion of
the Oaklawn Community Resource Center in Sedgwick County,
Kansas;
248. $283,500 to the City of Atchison, Kansas for
construction of a riverfront plaza;
249. $283,500 to the Reno County Historical Society for
the Kansas Underground Salt Museum in Hutchinson, Kansas for
facilities construction and improvements;
250. $450,000 for the City of Wichita, Kansas for the
development of Mennonite Housing;
251. $720,000 for Topeka, Kansas for redevelopment
activities in Topeka, Kansas;
252. $66,150 to Kentucky Refugee Ministries in
Louisville, Kentucky for renovation of facilities;
253. $67,500 to the Salvation Army/Boys and Girls Club--
Northfolk, in Louisville, Kentucky for the renovation of the
Northfolk community center;
254. $90,000 to the Greater Community Council in
Louisville, Kentucky for construction of a facility for low-
income, disabled persons;
255. $135,000 to Owen County, Kentucky for facilities
construction;
256. $202,500 to Interlink Counseling in Louisville,
Kentucky for facilities construction;
257. $202,500 to the City of Lebanon, Kentucky for
facilities construction for the Center Square project;
258. $225,000 for the Trinity Family Life Center in
Louisville, Kentucky for facilities construction for
afterschool programs;
259. $225,000 to the Community Economic Empowerment
Corporation of Louisville, Kentucky for construction of a
community and family recreation center;
260. $225,000 to the First Gethsemane Center in
Louisville, Kentucky for renovation of facilities;
261. $225,000 to the Shiloh Community Renewal Center in
Louisville, Kentucky for facilities reconstruction and
rehabilitation;
262. $270,000 for the renovation of the Americana
Community Center in Louisville, Kentucky;
263. $283,500 to the Montgomery County Fiscal Court of
Kentucky for continued construction of a community center;
264. $283,500 to the Monroe County Wellness Center, Inc.
of Monroe County, Kentucky for facilities construction;
265. $405,000 to Pine Mountain Settlement School of
Harlan County, Kentucky for facilities expansion and
renovation;
266. $405,000 to the London-Laurel County Tourist
Commission, Kentucky for facilities construction for the Blue-
Gray Civil War Theme Park;
267. $2,700,000 for construction of the University of
Louisville library in Louisville, Kentucky;
268. $67,500 to Iberia Parish, Louisiana for construction
of the New Iberia conference center;
269. $67,500 to St. Mary Parish, Louisiana for
construction of a wildlife refuge interpretive center;
270. $67,500 to the City of Donaldsonville, Louisiana for
construction of riverfront recreational facilities;
271. $67,500 to the Town of Golden Meadow, Louisiana for
construction and renovation of recreation facilities;
272. $67,500 to the Village of Cankton, Louisiana for
facilities renovations for a community center;
273. $81,000 to the City of New Iberia, Louisiana for
facilities construction as described in the master plan;
274. $81,000 to the New Orleans Regional Planning
Commission, Louisiana for recreational facilities improvements
and buildout for St. Bernard, St. Charles and Plaquemines;
275. $81,000 to the Town of Grand Isle, Louisiana for
construction and buildout of the Isle Multi-Use Facility;
276. $90,000 to the City of Port Allen, Louisiana for
economic development planning and facilities construction;
277. $90,000 to the Amistad Research Center in New
Orleans, Louisiana for facilities construction;
278. $90,000 to the Mirabeau Family Learning Center, Inc.
in New Orleans, Louisiana for facilities construction;
279. $90,000 for the City of Opelousas, Louisiana, for
downtown development;
280. $112,500 to the Acadia Economic Development
Corporation in Crowley, Louisiana for facilities construction
for a business incubator;
281. $112,500 for the Nellie Byers Training Center in
Bogalusa, Louisiana for the construction of a new center;
282. $162,000 to Nicholls State University in Thibodaux,
Louisiana for facilities construction for the Advanced
Technology Center;
283. $162,000 to the Port of South Louisiana for
facilities construction for the Globalplex Intermodal Terminal;
284. $162,000 to the Tangipahoa Parish School System in
Loranger, Louisiana for renovation and restoration of the
Loranger High School building;
285. $180,000 for the City of Shreveport, Louisiana for
the redevelopment of a bus terminal;
286. $182,250 to the City of Mandeville, Louisiana for
the construction of an interpretive center as part of the
Mandeville Trailhead project;
287. $202,500 for the National Federation of the Blind,
Center for the Blind in Louisiana for facilities construction
for the National Research and Training Institute for the Blind;
288. $225,000 to Plan Baton Rouge, Louisiana for building
renovations;
289. $225,000 for Dillard University, New Orleans,
Louisiana for the International Center for Economic Freedom;
290. $225,000 for Advocates for Science and Math
Education, New Orleans, Louisiana for construction of a
building for the New Orleans Center for Science and Math;
291. $270,000 for the City of Vidalia, Louisiana for
riverfront redevelopment;
292. $405,000 for the Audubon Nature Institute in New
Orleans, Louisiana for revitalization of a historic building;
293. $450,000 for the Ernest Morial New Orleans
Exhibition Hall Authority in Louisiana for the expansion of the
Morial Convention Center;
294. $450,000 for the University of Louisiana, Lafayette
for the National Wetlands Research Center;
295. $450,000 for the Biomedical Research Foundation in
Shreveport, Louisiana for infrastructure improvements and
development of an incubator;
296. $607,500 for the Biomedical Research Foundation of
Northwest Louisiana for construction of the InterTech science
park;
297. $90,000 to Goodwill Industries of Springfield,
Massachusetts for facilities renovations;
298. $112,500 to the Veterans Benefit Clearinghouse in
Roxbury, Massachusetts for facilities renovation and
modernization;
299. $135,000 to Salem State College in Massachusetts for
construction of an arts center/theater;
300. $135,000 for Assumption College, Worcester,
Massachusetts for a science and technology center;
301. $150,000 to the Franklin County Council of
Governments in Greenfield, Massachusetts for an economic
development blueprint for the Northern Tier;
302. $157,500 to the City of Lowell, Massachusetts for
construction of the Jackson/Appleton/Middlesex Area garage;
303. $225,000 for the New Bedford Historical Society,
Massachusetts for the rehabilitation and restoration of the
Nathan and Polly Johnson House;
304. $225,000 for the Mystic Valley Development
Corporation in Medford, Massachusetts for the development of a
technology and research center;
305. $270,000 to the City of Springfield, Massachusetts
for renovations of a facility to house a public market;
306. $315,000 for the Western Massachusetts Enterprise
Fund, Inc.'s small business and microenterprise loan and
development programs;
307. $322,500 to Girls Incorporated in Pittsfield,
Massachusetts for facilities renovation;
308. $405,000 to the Massachusetts College of Pharmacy
and Health Sciences for construction of a new multi-use
educational facilities;
309. $450,000 for the Gardner-Kirby-Hammond Street
neighborhood revitalization project in Worcester,
Massachusetts;
310. $450,000 for the City of Boston, Massachusetts for
development of low and moderate income housing;
311. $90,000 to the City of District Heights, Maryland
for facilities construction in its commercial area;
312. $90,000 to the City of La Plata, Maryland for
planning of a parking facility;
313. $90,000 to the Melwood Horticultural Center in Upper
Marlboro, Maryland for planning necessary to construct a multi-
purpose job training and employment facility;
314. $90,000 to the Olney Theatre Center for the Arts in
Olney, Maryland for the construction of a theater;
315. $101,250 to the Rotary-PAL Building Corporation of
Frederick County, Maryland for facilities expansion for the
Sagner Community Center;
316. $135,000 to Prince Georges County, Maryland for
renovation of a visitor center to accommodate a Space and
Flight Center;
317. $135,000 for Harford County, Maryland for the
Edgewood Mobile Community Substation;
318. $157,500 to the City of Laurel, Maryland for
facilities renovations for the Laurel Community Center;
319. $162,000 to the City of Rockville, Maryland for
sidewalk, pedestrian amenities, lighting, and beautification
improvements for the Rockville Town Center Redevelopment
Project;
320. $180,000 to St. Mary's College in Maryland for
waterfront facilities construction;
321. $180,000 for Baltimore Clayworks in Baltimore,
Maryland to expand the facility;
322. $198,000 for the Sankofa Community Development
Corporation in Baltimore, Maryland to renovate a building for a
business center;
323. $225,000 to the Montgomery County Department of
Housing and Community Affairs, Maryland for streetscaping and
revitalization efforts in Wheaton;
324. $225,000 for Harford County, Maryland for a digital
inclusion project in Edgewood;
325. $225,000 for the Suitland Family and Life
Development Corporation in Suitland, Maryland for development
of the Suitland Technology Center;
326. $225,000 for Montgomery County, Maryland for the
construction of community centers in Long Branch;
327. $283,500 to Baltimore Medical System of Baltimore,
Maryland for construction of a new community health center;
328. $360,000 for Bethel Outreach Center in Baltimore,
Maryland for development of a cyber community center;
329. $450,000 to the West Arlington Improvement
Association in Baltimore, Maryland for construction of a youth
multi-purpose center;
330. $450,000 for the Greektown Community Development
Corporation in Baltimore, Maryland for the Housing and Business
Stabilization Project;
331. $450,000 for Montgomery County, Maryland for the
revitalization of Fenton Street Village;
332. $450,000 for Prince Georges County, Maryland for
acquisition and rehabilitation of properties along the Route 1
corridor;
333. $450,000 for Anne Arundel County, Maryland for the
Wiley Bates High School Redevelopment project;
334. $540,000 for the City of Baltimore, Maryland for the
Main Street Initiative;
335. $90,000 for L/A Arts in Lewiston, Maine for the
renovation and construction of the ArtsPlace program building;
336. $112,500 to the University of Maine for
reconstruction of the Jonesboro Blueberry Research Station;
337. $180,000 for the Franco-American Heritage Center at
St. Mary's in Lewiston, Maine for the renovation of facilities
into a performance hall and museum;
338. $180,000 to the City of Biddeford, Maine for
restoration of the City Theater;
339. $180,000 for Eastern Maine Technical College for a
technical resource center;
340. $180,000 for the Forum Francophone Des Affaires,
Maine to facilitate exports to French-speaking markets;
341. $180,000 for the University of Maine at Farmington
for an education center;
342. $225,000 for the City of Westbrook, Maine for a
parking facility;
343. $225,000 for the City of Brewer, Maine for
waterfront redevelopment;
344. $225,000 for the Preble Street Resource Center in
Maine for a homeless teen center and health clinic;
345. $225,000 for the Piscataquis County Economic
Development Council for a business incubator in Greenville,
Maine to support and house businesses seeking to commercialize
wood composite material;
346. $450,000 for University of Maine (Fort Kent and
Presque Isle) Aroostook County Development Effort;
347. $81,000 to Cleary College in Howell, Michigan for
construction of the Center for Business and Community
Excellence;
348. $202,500 for the National Cherry Festival of
Michigan for the renovation of facilities;
349. $202,500 to the Michigan State Trust for Railway
Preservation, Inc. for construction of facilities for the Steam
Railroading Institute's ``linear museum concept'' in Shiawasse
County, Michigan;
350. $225,000 for the Structural Research and Development
Center at Lawrence Tech University in Southfield, Michigan for
facilities construction and renovations;
351. $225,000 to Lighthouse of Oakland County, Inc. for
facilities construction in Oakland County, Michigan;
352. $225,000 to the City of St. Ignace, Michigan for the
construction of a public library;
353. $225,000 to the Michigan Jewish Institute Academic
Activities Facility for construction and renovation;
354. $225,000 to the National Center for Manufacturing
Sciences in Ann Arbor, Michigan for facilities construction;
355. $270,000 to the Virginia Park Community Investment,
Inc. in Detroit, Michigan for renovations of the Virginia Park
Shopping Center;
356. $270,000 for Mott Community College in Flint,
Michigan to develop a program and curriculum to improve
workforce and manufacturing development;
357. $405,000 to the Saginaw Chippewa Tribe of Michigan
for construction of facilities for the Victims of Crime
Program;
358. $450,000 for Boysville of Michigan in Detroit for
the Samaritan Outreach Center;
359. $450,000 for the Detroit Housing Group Inc., for the
Alter Kercheval Housing Project;
360. $450,000 for the FOCUS: HOPE Institute in Detroit,
Michigan to renovate a job-training facility;
361. $450,000 for the NorthStar Community Development
Corporation in Detroit, Michigan to build affordable housing;
362. $900,000 for the City of Detroit, Michigan to
redevelop the Detroit River Promenade;
363. $67,500 to the YWCA of St. Paul, Minnesota for
facilities renovations associated with expansion;
364. $180,000 to Detroit Lakes, Minnesota for
construction of a community center;
365. $180,000 to Leech Lake Tribal College in Cass Lake,
Minnesota for facilities expansion;
366. $180,000 to the Audubon Center of the North Woods in
Sandstone, Minnesota for capital construction costs and
improvements;
367. $180,000 to the Vinland Center in Minnesota for
facilities improvements for the rehabilitation center;
368. $250,000 to Jewish Family and Children's Services of
Minneapolis, Minnesota for disability access and egress
improvements;
369. $324,000 to the Cornerstone Advocacy Service, Inc.
in Bloomington, Minnesota for construction of a multi-purpose
Emergency Shelter and Family Services Center;
370. $360,000 for the Asian Pacific Community Center in
St. Paul, Minnesota to create an urban village;
371. $425,000 to Southside Family Nurturing Center in
Minneapolis, Minnesota for facility rehabilitation;
372. $450,000 for the Northeast Ventures Corporation in
Duluth, Minnesota for a revolving loan fund;
373. $450,000 for the Red Lake Band of Chippewa Indians
in Red Lake, Minnesota for the construction of a criminal
justice complex;
374. $675,000 for the City of St. Paul, Minnesota for
renovations to existing low-income housing;
375. $45,000 to the City of Arnold, Missouri for
recreation facility improvements;
376. $45,000 to the City of Maplewood, Missouri for
recreation facility improvements;
377. $45,000 to the Town of Herculaneum, Missouri for an
economic development and land use plan;
378. $45,000 for the Children's Therapy and Early
Education School in Mexico, Missouri for Mexico Special Needs
Kids equipment;
379. $81,000 to the City of Stanberry, Missouri for
revitalization of the city's bandstand;
380. $90,000 to the East-West Gateway Coordinating
Council in St. Louis, Missouri for a feasibility study in
cooperation with the University City Trolley Corporation;
381. $90,000 to the St. Louis, Missouri Parks Department
for recreation facility improvements;
382. $90,000 to United Inner Services, Inc. in Kansas
City, Missouri for construction of a community center;
383. $90,000 for Montgomery City, Missouri for
streetscape improvements;
384. $225,000 for the City of Warrensberg, Missouri for
downtown revitalization;
385. $250,000 to Ronald McDonald House Charities of the
Ozarks, Missouri to develop a Mobile Dental Unit to provide
educational and programmatic materials and resources for the
Dental Care Unit to aid in outreach to public schools, Head
Start Programs and foster children;
386. $250,000 to the Missouri Soybean Association to
develop a Missouri soybean seed composition and analysis
program;
387. $270,000 for the Petosi/Washington County Industrial
Development Authority, Missouri for the Petosi Industrial Park;
388. $315,000 for the Missouri School Board Association
for the C.L.A.S.S. Program;
389. $324,000 to the University of Missouri-Columbia for
facilities construction for the Life Sciences Technology
Incubator;
390. $405,000 for the Discovery Center for the
development of an exhibit in Springfield, Missouri;
391. $450,000 for the Westside Housing Organization in
Kansas City, Missouri for the Westside Agency Collaboration;
392. $450,000 for the Advanced Technology Center in
Mexico, Missouri for expansion;
393. $775,000 to the St. Louis Science Center, Missouri
to develop an interpretive center for the region's growing bio-
technology industry;
394. $810,000 to the City of Springfield, Missouri for
construction of a community multipurpose facility;
395. $810,000 to the City of St. Louis, Missouri for
lighting, sidewalks, curbs, and street furniture along Kings
Highway Boulevard and Chippewa Street;
396. $900,000 for the University of Missouri-Kansas City
for academic investments related to the Cardiovascular
Proteomics Center;
397. $900,000 for the Show-Me Aquatic Center in Missouri
for development;
398. $1,500,000 for the Food and Agriculture Policy
Research Institute in Columbia, Missouri to analyze commercial
shipping alternatives;
399. $90,000 to the City of Natchez, Mississippi for a
feasibility study to develop a slack water port;
400. $90,000 to the town of Wesson, Mississippi for the
restoration of the Wesson School building;
401. $90,000 to the Sonny Montgomery Leadership Institute
of Meridian, Mississippi for an economic development planning
study;
402. $180,000 for Jackson, Mississippi for the
development of the Farish Street Historic Center;
403. $243,000 to The Mississippi Economic Growth Alliance
and Point of Presence (MEGAPOP) for facilities construction;
404. $270,000 for Pinola, Mississippi for the renovation
of the historic Pinola School House;
405. $270,000 for Natchez, Mississippi for the
development of the Natchez-Adams County industrial park;
406. $283,500 to the Oktibbeha County Economic
Development Authority in Starkville, Mississippi for facilities
construction for its E-Commerce Park;
407. $450,000 for Tchula, Mississippi for the development
of a municipal complex;
408. $450,000 for the City of Kewanee, Mississippi for
the development of the Kewanee industrial park;
409. $450,000 for Pearl, Mississippi for the renovation
of a community center;
410. $855,000 for the Mississippi Tribe of Choctaw for
the development of a Choctaw Veterans Memorial;
411. $900,000 for Alcorn State University, Mississippi
for the construction and rehabilitation of buildings;
412. $900,000 for the City of Madison, Mississippi for
downtown renovation;
413. $980,000 for the University of Southern Mississippi
for the development of a National Center for Excellence in
Economic Development;
414. $283,500 to the Missoula Food Bank, Montana for
facilities expansion and renovation;
415. $360,000 for Billings Deaconess Clinic Research
Facility in Billings, Montana;
416. $360,000 for the Yellowstone Boys and Girls Ranch in
Billings, Montana for renovation;
417. $450,000 for TechRanch in Bozeman, Montana;
418. $450,000 for Billings, Montana for the expansion of
the HRDC District 7 Building;
419. $900,000 for the RMC Aviation Training Center in
Billings, Montana;
420. $180,000 for the Bozeman Rail Depot remediation
project in Montana;
421. $50,000 for the County of Richmond, North Carolina
for development and construction of the Richmond County
Industrial Park;
422. $81,000 to the North Carolina Advanced Energy
Corporation in Raleigh, North Carolina for a feasibility study
of expanded application of the ``System Vision'' model of
housing construction;
423. $90,000 to OPC Mental Health in Carrboro, North
Carolina for construction, renovation and build out of Club
Insight;
424. $90,000 to Orange County, North Carolina for
construction and build out of a farmer's market facility;
425. $90,000 to the Jane Stevens Foundation Center in
Sanford, North Carolina for facility renovations;
426. $90,000 to the City of Whiteville, North Carolina
for the restoration of the Whiteville Train Depot;
427. $90,000 to Raeford, North Carolina for sidewalks,
curbs, lighting, facade improvements, and street furniture in
the downtown area;
428. $135,000 to Durham County, North Carolina for
construction and build out of a senior center, and
construction, renovation and build out of a homeless shelter;
429. $144,000 to the North Carolina Community Development
Initiative for renovation and build out of a vocational
training facility in Durham County, North Carolina and a
transitional housing facility in Durham, North Carolina;
430. $162,000 to the Catawba County, North Carolina
Historical Association for restoration of facilities for the
Harper House--Hickory History Center;
431. $180,000 to the Town of Mooresville, North Carolina
for facilities expansion of the town's historic library;
432. $180,000 for the Tri-County Community College in
Murphy, North Carolina to build a TeleCenter;
433. $180,000 for the North Carolina Rural Economic
Development Center in Eastern to provide housing construction
and repair in rural communities;
434. $180,000 for the Rogers Regional Performing Arts
Center Consortium in Shelby, North Carolina for the Rogers
Theatre;
435. $202,500 for construction of the National Academy of
Forensics and Computer Investigations at Central Piedmont
Community College in Charlotte, North Carolina;
436. $202,500 to the Graveyard of the Atlantic Museum in
Dare County, North Carolina for continued facilities
construction;
437. $243,000 to the Haywood County Agriculture and
Activities Center Association for construction of a multi-
purpose arena in Waynesville, North Carolina;
438. $315,000 to Scotland County, North Carolina for
construction and renovation of a community center;
439. $360,000 to Fuquay-Varina, North Carolina for
downtown revitalization consisting of sidewalks, islands, and a
central plaza;
440. $360,000 to UDI Community Development Corporation in
Durham, North Carolina for construction, renovation and build
out for a business incubator facility;
441. $405,000 for Wake Forest University and Winston-
Salem State University in North Carolina for construction of a
facility for the Idealliance program;
442. $405,000 to the University of North Carolina at
Greensboro, a Historically Women's College and University, for
restoration of historic buildings;
443. $90,000 to Fort Totten, North Dakota for facilities
construction;
444. $90,000 to Fort Yates Hospital, in Fort Yates, North
Dakota for facilities renovations and construction;
445. $180,000 for the Morton County Park District, North
Dakota for the Missouri River Trail project;
446. $317,500 for the National Foundation for
Environmental Education in North Dakota for research and
education on black mold;
447. $360,000 for Turtle Mountain Community College in
Belcourt, North Dakota to complete construction of an economic
development complex;
448. $360,000 for New Economy Initiative in North Dakota
for technology training;
449. $450,000 for Spirit Lake Tribal Court in Fort
Totten, North Dakota for renovations to the Spirit Lake
Courthouse;
450. $900,000 for the City of Rugby, North Dakota to
complete information technology and energy projects;
451. $900,000 for the North Dakota Tourism Department for
the Three Affiliated Tribes Interpretative Center;
452. $270,000 for the City of Omaha, Nebraska for the
creation of information technology training;
453. $283,500 to Father Flanagan's Girls and Boys Town of
Boys Town, Nebraska for the national priority projects of Girls
and Boys Town USA;
454. $360,000 for Audubon Nebraska for the Spring Creek
Prairie Education Center;
455. $526,500 to the City of Falls City, Nebraska for
renovating and retrofitting a business industry incubator
building;
456. $180,000 for Nashua downtown public investment
initiative, City of Nashua Community Development, Nashua, New
Hampshire to revitalize the downtown community;
457. $225,000 for the City of Beloit, New Hampshire for
neighborhood redevelopment;
458. $270,000 to the Greater Wakefield Resource Center in
Wakefield, New Hampshire for renovation of facilities;
459. $270,000 for Strawberry Banke, Portsmouth, New
Hampshire to assist in the design and planning of programming
and create partnerships with neighborhood associations and
organizations for disadvantaged youth;
460. $360,000 for the Mines Falls Park Restoration,
Nashua, New Hampshire to restore historic gatehouse and assist
in developing an educational resource center;
461. $360,000 for Capitol Center for the Arts, Concord,
New Hampshire to enhance programming and make renovations to
the facility;
462. $450,000 for the Portsmouth Riverwalk, Portsmouth,
New Hampshire to assist in the creation of a safe pedestrian
link between scenic and historical destinations and New
Hampshire's only working deep water seaport;
463. $486,000 to the City of Concord, New Hampshire for
facilities construction of the Sears Block Redevelopment
project;
464. $540,000 for Marguerite's Place, Nashua, New
Hampshire to provide transitional housing for women who are
victims of domestic abuse and their children;
465. $630,000 to the New Hampshire Community Technical
College for renovation and facilities expansion for the
Emerging Technology Center at Pease International Tradeport;
466. $90,000 to Monmouth University in New Jersey for
library facilities renovations;
467. $90,000 to the Bergen County, New Jersey Community
Action Program for homeless shelter expansion needs;
468. $90,000 to the Borough of Fair Haven, New Jersey for
restoration of the historic Fisk Chapel;
469. $90,000 to the Hackensack University Medical Center
in Hackensack, New Jersey for facilities expansion of the
Woman's and Children's Pavilion;
470. $90,000 to the University of Medicine and Dentistry
of New Jersey in New Brunswick, New Jersey for construction of
the Child Health Institute;
471. $112,500 to Babyland Family Services in Newark, New
Jersey for facilities improvements;
472. $112,500 to Englewood Hospital and Medical Center in
New Jersey for modernization and expansion of the Emergency and
Outpatient Clinic;
473. $112,500 to Holy Name Hospital in Teaneck, New
Jersey for facilities expansion of the regional dialysis
center;
474. $112,500 to the YMCA of Eastern Union County, New
Jersey for building renovations at the Elizabeth, New Jersey
branch;
475. $162,000 to Atlantic City, New Jersey for renovation
of the All Wars Memorial Building;
476. $162,000 to AtlantiCare Behavioral Health of
Atlantic City, New Jersey for construction of a community
mental health center;
477. $180,000 to New Jersey City University for
renovation of the science hall;
478. $202,500 to the YMCA of Eastern Union County for
expansion of child care facilities in Union, New Jersey;
479. $243,000 to Florence Township, New Jersey for
construction of a senior citizens center;
480. $270,000 for the Borough of Paulsboro, New Jersey
for brownfields redevelopment;
481. $360,000 for the Urban League State Council in New
Brunswick, New Jersey for the New Futures Projects;
482. $360,000 for Willingboro Township, New Jersey for
the Kennedy Senior Center construction project;
483. $405,000 to Burlington County, New Jersey for
economic development planning for the revitalization of the
Mount Holly Community ($67,500) and facilities construction
($337,500);
484. $450,000 to Daytop in Morris County, New Jersey for
facilities construction and renovation;
485. $450,000 to Gilda's Club of Northern New Jersey for
construction and renovation of a facility in the greater
Morris/Essex County area;
486. $450,000 for the Bayshore Senior Center in
Keansburg, New Jersey for renovations;
487. $450,000 for the Children's Cultural Center in Red
Bank, New Jersey for the renovation of Shrewsbury Township
Hall;
488. $540,000 for the New Jersey Community Development
Corporation for facilities construction for the Transportation
Opportunity Center;
489. $90,000 to the City of Aztec, New Mexico for
facility and sidewalk improvements;
490. $90,000 for the Las Cruces Police Athletic League
for the repair, remodeling and renovation of the facility
housing the Sammy Burke Youth Boxing Center and a vehicle to
serve the Center and the Police Athletic League Boxing Club in
Las Cruces, New Mexico;
491. $202,500 for the City of Albuquerque, New Mexico
Aviation Department for facilities expansion and renovation of
the Double Eagle II Airport;
492. $270,000 for the Community Pantry in Gallup, New
Mexico;
493. $270,000 for the Boys and Girls Club of Santa Fe,
New Mexico for the construction of a facility;
494. $360,000 for the Pueblo of Cochiti, New Mexico for
the construction of a community center;
495. $405,000 to the City of Roswell, New Mexico for
renovation and structural upgrades of an aircraft hanger;
496. $450,000 for the New Mexico Food Bank Association,
Albuquerque, New Mexico, for the Gleaning Project;
497. $630,000 for the Pojoaque Pueblo of New Mexico to
complete the Poeh Cultural Center and Museum;
498. $810,000 for the construction, renovation, and
restoration of the historic Rio Grande Theater in Las Cruces,
New Mexico, as planned by the Dona Ana Arts Council, Inc;
499. $900,000 for the Mesilla Valley Community of Hope,
Las Cruces, New Mexico for the Casa de Peregrinos Building;
500. $135,000 to the Culinary and Hospitality Academy
Center of Las Vegas, Nevada for construction related to
expansion of an education training center;
501. $180,000 to the City of Las Vegas, Nevada for
facilities construction for a small business incubator;
502. $243,000 to the City of Sparks, Nevada for
renovation of facilties for the Regional Science and Cultural
Center;
503. $450,000 for the City of North Las Vegas, Nevada for
neighborhood redevelopment;
504. $900,000 for Clark County, Nevada for the
construction of a community center;
505. $900,000 for the City of Reno, Nevada for the
rehabilitation of a building for a senior center;
506. $45,000 to the Institute for the Puerto Rican/
Hispanic Elderly in New York for facilities renovations;
507. $67,500 to Merwin Rural Services Institute for an
initial planning study in northern New York;
508. $67,500 to the City of Ogdensburg, New York for
facilities construction for the continued development of the
Fort La Presentation project;
509. $67,500 to the Village of Clayton, New York for
waterfront facilities renovations along the St. Lawrence River;
510. $67,500 to the City of Syracuse, New York for
renovations of the Syracuse Open House;
511. $67,500 to the Town of Babylon, New York for
construction of a construction trades incubator;
512. $67,500 to the City of New Rochelle, New York for
sidewalk and curb improvements;
513. $67,500 to the Hebrew Academy for Special Children
in Brooklyn, New York for construction and renovation of a
facility;
514. $67,500 to the Town of Mamaroneck, New York for
facilities renovation and improvements for the Hommocks
Conservation Area;
515. $81,000 to the Town of Amherst, New York for the
repair of historic streetscape furniture;
516. $90,000 to the Village of Carthage, New York for
facilities construction and building renovations;
517. $90,000 to Onondaga County, New York for
construction of the Borodino Community Center;
518. $90,000 to the City of Syracuse, New York for
planning related to the Hancock International Airport;
519. $90,000 to the Metropolitan Development Association
in Syracuse, New York to update the VISION 2010 Strategic
Economic Development Plan;
520. $90,000 to the State University of New York, College
of Environmental Sciences and Forestry for planning activities
for the Quality Communities Initiative;
521. $90,000 to New York University Medical Center for
renovations to the Rusk Institute of Rehabilitation;
522. $90,000 to Phipps House in New York, New York for
facilities renovation and construction in LaPuerta in the South
Bronx to house an educational child care center;
523. $90,000 to the Alliance for Community Services for a
study of economic development needs of newly identified
immigrant communities in the Bronx, New York;
524. $90,000 to the Citizens Advice Bureau for
renovations to the Girls' Club Community Center in the Bronx,
New York;
525. $90,000 to the City of Mount Vernon, New York for
building renovations to create a recreational and job training
facility;
526. $90,000 to the City of White Plains, New York for an
economic development study for the revitalization of
Westchester;
527. $90,000 to the Flushing, Queens, New York branch of
the YMCA for facilities renovation and expansion;
528. $90,000 to the Long Island Housing Partnership, Inc.
In New York for a study to identify and plan revitalization
efforts in distressed communities;
529. $90,000 to the McBurney YMCA in New York, New York
for facility construction;
530. $90,000 to the Town of Eastchester, New York for
facilities renovation for the Eastchester Child Development
Center;
531. $90,000 to the City of Claremont, New Hampshire to
assist the city in improving and redeveloping the downtown
area;
532. $90,000 to the Town of Winchester, New Hampshire to
assist the community in redeveloping its downtown area;
533. $112,500 to the City of Yonkers, New York for
facilities construction for the Yonkers Pier;
534. $112,500 for facilities construction of the Natural
History Museum of the Adirondacks in Tupper Lake, New York;
535. $135,000 to the Harlem YMCA in New York, New York
for renovation of transitional housing;
536. $135,000 to the Jewish Children's Museum in
Brooklyn, New York for facilities construction;
537. $135,000 to Boys and Girls Club of Saugerties, New
York for renovation of a multi-purpose facility to house the
club;
538. $162,000 for facilities renovations and improvements
for the Woolworth Theatre Project in Glens Falls, New York;
539. $162,000 to the Catskill Mountain Foundation in
Hunter, New York for reconstruction of the Tannersville Theatre
for use as a multifunctional facility;
540. $162,000 to the Village of Valatie, New York for the
renovation of the Valatie Theatre;
541. $180,000 to the Bethel Performing Art Center in
Bethel, New York for construction of a performing arts
facility;
542. $180,000 to Elmcor Youth and Adult Activities, Inc.
for construction of an economic development center serving the
needs of Northwestern Queens, New York;
543. $180,000 to HOGAR, Inc. in the Bronx, New York for
planning activities for housing needs ($90,000) and planning
activities for provision of rehabilitative services to special
needs populations ($90,000);
544. $180,000 to the Sunset Park Business Improvement
District in Brooklyn, New York for facade renovations,
sidewalk, curb and street furniture improvements;
545. $180,000 to the Mary Mitchell Family and Youth
Center in the South Bronx, New York for facilities planning
($90,000) and renovations ($90,000);
546. $180,000 for The State University of New York at
Potsdam for the Northern New York Data Center;
547. $180,000 for the Mohawk Valley Heritage Corridor
Commission in Canajoharie, New York for the Heritage in Upstate
New York project;
548. $200,000 to Carnegie Hall in New York to complete
construction of Carnegie Hall's Third Stage Project;
549. $200,250 to the Museum of Modern Art in New York for
expansion and renovations to their Education and Research
Center;
550. $202,500 for construction of the Players Theater
Performing Arts Center in Utica, New York;
551. $202,500 to the Suffolk Sports Hall of Fame, Sports
Research Center in Patchogue, New York for facilities
renovations;
552. $202,500 to the Town of Brookhaven, New York for
facility improvements to the Mastic Town Pool;
553. $202,500 to Elmira College in Elmira, New York for
renovation of Cowles Hall;
554. $202,500 to the Village of Highland Falls, New York
for main street revitalization;
555. $202,500 to Catholic Health Systems for construction
activities of the Our Lady of Victory Neighborhood for Seniors
Project in Lackawanna, New York;
556. $202,500 to the Burchfield-Penney Art Center in
Buffalo, New York for construction of a new museum;
557. $225,000 to Onondaga County, New York for facilities
construction of the Solvay Library Centennial Building;
558. $225,000 to the City of Syracuse, New York for
facilities expansion for the Northeast Community Center;
559. $225,000 to the City of Syracuse, New York for
historic renovations of the Matilda Joslyn Gage House;
560. $225,000 to the Village of East Syracuse, New York
for renovation of the Hanlon Pool;
561. $225,000 to the Village of Manlius, New York for
rehabilitation of the Manlius Recreation Center;
562. $225,000 to Covenant House New York in New York, New
York for shelter renovations;
563. $225,000 to the City of Albany, New York for
renovation of the Palace Theater;
564. $225,000 to the Dance Theater of Harlem in New York,
New York for restoration of buildings to support the Academy
Charter School;
565. $225,000 to VIP Community Services in the Bronx, New
York for construction of homeless transitional housing;
566. $270,000 to Garth Fagan Dance Studio in Rochester,
New York for construction of a new theater;
567. $270,000 to the Armory Foundation in New York, New
York for conversion of the Washington Heights Armory into a
community center;
568. $270,000 to the City of Buffalo, New York for
facility renovations at Canisius High School in Buffalo, New
York;
569. $270,000 for Chautauqua County, New York for high-
speed, broadband fiber installation;
570. $315,000 for the Center for Economic Growth in
Albany, New York for the Regional Technology Roadmap project;
571. $360,000 to Cayuga County, New York for waterfront
facilities construction;
572. $360,000 for Northern Forest Heritage Park, Berlin,
New Hampshire to help create heritage based tourism and
regional economic development;
573. $400,000 to Jazz at Lincoln Center in New York City
for facility construction;
574. $400,000 to the Rivers and Estuaries Center on the
Hudson in New York for facilities construction;
575. $405,000 for construction of the Orpheus Performing
Arts and Conference Center in Oneonta, New York;
576. $405,000 to the Staten Island Soccer League of New
York for facilities construction;
577. $405,000 to Orange County Community College in
Middletown, New York for facilities construction and buildout
for the establishment of the Benjamin A. Gilman Institute for
Political and International Studies;
578. $405,000 to St. Bonaventure University in St.
Bonaventure, New York for facilities upgrades for De la Roche
Hall;
579. $405,000 to the New York State Office of Parks,
Recreation and Historic Preservation for construction of the
Purple Heart Hall of Honor in the Town of New Windsor, New
York;
580. $405,000 to Christa House of West Babylon, New York
for facilities renovations and repairs;
581. $405,000 to the City of Syracuse, New York for
sidewalks, street lighting and furniture improvements and
building renovations for the North Salina Street Corridor;
582. $405,000 to the City of Syracuse, New York for
construction of an International Tourism Center at the Carousel
Center;
583. $450,000 to the City of Syracuse, New York for
expansion and renovation of Enable facilities;
584. $495,000 to Queens Borough Public Library in Queens,
New York for facilities rehabilitation and expansion of the
Parsons Boulevard complex;
585. $720,000 for the Schenectady Municipal Housing
Authority, New York for community development and
revitalization;
586. $800,000 to the New York Olympic Regional
Development Authority for facilities construction for the Mount
VanHoevenberg Olympic Sports Complex;
587. $890,000 for facilities expansion for the Everson
Museum of Art in Syracuse, New York;
588. $890,000 to LeMoyne College in Syracuse, New York
for the construction of a Science Education and Teaching/
Learning Center;
589. $1,700,000 to DestiNY USA in Syracuse, New York for
environmental construction and development of lands adjoining
Onondaga Lake and the New York State Canal System;
590. $81,000 to the Rabbit Run Community Arts Association
for renovation of the Rabbit Run Theater located in Madison,
Ohio;
591. $90,000 for facilities renovations and improvements
for the West After School Center in Lancaster, Ohio;
592. $90,000 to the City of Cleveland, Ohio for economic
development planning for the LTV Steel Economic Development
Initiative;
593. $90,000 to the City of Toledo, Ohio for site re-use
planning at the former Doehler Jarvis manufacturing facility
and the site of the former Toledo Federal Building;
594. $121,500 to GMN Tri County for construction of a
community center in Guernsey County, Ohio;
595. $121,500 to the Village of Fairport Harbor, Ohio for
renovation of facilities for the Lighthouse Community Arts
Association's Fairport Harbor Rennaissance Village;
596. $180,000 for Catholic Social Services in
Springfield, Ohio for renovation of a facility to house the
Second Harvest Foodbank;
597. $180,000 for Ross County, Ohio for facilities
renovations and improvements for the Blue Star Mothers Memorial
Stadium in Chillicothe, Ohio;
598. $202,500 for the Community Action Organization of
Scioto County, Ohio for renovation of a facility for the Head
Start program in Portsmouth, Ohio;
599. $202,500 to the City of Clairsville, Ohio for
renovation and restoration of the Clarendon Hotel building;
600. $202,500 to the City of Marion, Ohio for
construction of an urban plaza;
601. $225,000 to the Columbiana County Port Authority in
Wellsville, Ohio for construction of a cargo handling system;
602. $225,000 for the City of Grove City, Ohio for the
development of the All Children Adventure Playground at Fryer
Park;
603. $243,000 to the National First Ladies Library Non-
Profit Group for facilities construction for the Women's
History Museum in Canton, Ohio;
604. $270,000 to Where Toledo Grows/Greenhouse Row in
Toledo, Ohio for construction of a welcome center;
605. $270,000 for the Cleveland Foodbank in Ohio for the
development of a new food distribution center;
606. $405,000 to the Johnny Appleseed Heritage Center,
Inc. in Ashland County, Ohio for construction of facilities;
607. $405,000 to the University of Cincinnati for
renovation of the Medical Sciences Building in Cincinnati,
Ohio;
608. $450,000 for Fayette County Community Action
Council, in Fayette County, Ohio to construct a new community
center and Head Start facility;
609. $450,000 for the City of Dayton, Ohio for the
development of structures in the Main Street Historic Mission;
610. $450,000 for the Lawrence Economic Development
Corporation for the development of the Point Commercial/
Industrial Park in Ohio;
611. $450,000 for the Toledo-Lucas County Port Authority
for the Northwest Ohio Brownfield Restoration Initiative;
612. $567,000 for facilties construction for an agro-
security research center at the Ohio Agricultural Research and
Development Center in Wooster, Ohio;
613. $630,000 for Franklin County MetroParks, Franklin
County, Ohio for the purchase of land in the Darby Creek
Watershed;
614. $900,000 to the Toledo-Lucas Port Authority in
Toledo, Ohio for facilities construction and renovation at the
Toledo Shipyard;
615. $243,000 for the Lawton, Oklahoma Public Schools for
the restoration of the historic Lawton High School;
616. $243,000 to the New Cordell Utility Authority of New
Cordell, Oklahoma for renovation of commercial buildings;
617. $283,500 to Rural Enterprises, Inc. in Durant,
Oklahoma for facilities renovation;
618. $729,000 to the Oklahoma City Maintenance Repair and
Overhaul Technology Center for facilities construction;
619. $1,500,000 for the City of Oklahoma City for the
development of the Oklahoma Maintenance, Repair and Overhaul
Tech Center;
620. $45,000 for program and technology initiatives of
the Oregon Historical Society;
621. $67,500 to the Oregon Food Bank in Portland, Oregon
for facilities expansion;
622. $67,500 for Oakridge, Oregon for the development of
the Oakridge Community Center;
623. $67,500 for Deschutes County, Oregon for the
renovation of the Tower Theatre;
624. $90,000 for Hood River, Oregon for an Integrated
Technology Center;
625. $90,000 for the Santo Community Center in Medford,
Oregon;
626. $162,000 for the renovation of the Tower Theatre in
Bend, Oregon;
627. $180,000 to the Douglas County, Oregon for
construction of a community recreation pavilion at the Marina
RV Resort;
628. $180,000 for Wasco County, Oregon for the
development of a fiber optic system;
629. $180,000 for the City of Newberg, Oregon for the
development of a Community and Family Resource Center;
630. $270,000 for Crook County, Oregon to construct a
human services building;
631. $270,000 for the City of Dalles, Oregon for the
construction of the Dalles riverfront access project in Oregon;
632. $540,000 for the City of Portland, Oregon for the
Central City Streetcar Extension project;
633. $45,000 to the Claysburg Area Community Park for
construction and buildout of an amphitheater in Claysburg,
Pennsylvania;
634. $45,000 to the Susquehanna Neighborhood Advisory
Council in Philadelphia, Pennsylvania for a feasibility study
focused on Susquehanna Avenue development;
635. $67,500 to the LaRosa Boys & Girls Club of
McKeesport, Pennsylvania for recreation facility construction;
636. $67,500 to the Phoenix Project in Philadelphia,
Pennsylvania for facility renovations;
637. $67,500 to the Sarah Jackson Black Community Center
in Pittsburgh, Pennsylvania for facilities renovations;
638. $67,500 to the Soldiers' & Sailors' Memorial Hall
and Museum Trust in Pittsburgh, Pennsylvania for facilities
renovations and improvements;
639. $67,500 to the Swissvale Borough Code Enforcement
Project in Pennsylvania for facility renovations and upgrades;
640. $67,500 to the Vine Memorial and Community
Development Corporation in Philadelphia, Pennsylvania for
construction of a community development center;
641. $67,500 to the YMCA of Pittsburgh, Pennsylvania for
facilities renovation at the East Community Branch;
642. $67,500 to the Redevelopment Authority of Cumberland
County for the conversion of the Molly Pitcher Hotel in
Carlisle, Pennsylvania into apartments for senior citizens who
require services to live independently;
643. $67,500 to the Philadelphia Commerce Department for
the redevelopment of the former Schmidt's Brewery site in the
Northern Liberties section of Philadelphia, Pennsylvania;
644. $81,000 for the Planning Commission for Bucks
County, Pennsylvania for the Penndel Economic Revitalization
study;
645. $81,000 to Milford Township, Pennsylvania for
development of a managed growth plan;
646. $81,000 to the Bucks County Planning Commission for
economic development planning for the Lower Bucks Riverfront
Corridor Initiative in Bucks County, Pennsylvania;
647. $81,000 to the Lawrence County Farm Show, Inc. for
facilities construction in Lawrence County, Pennsylvania;
648. $90,000 to Connection Training Services of
Philadelphia, Pennsylvania for renovation and construction of
their workforce training center;
649. $90,000 to the Renaissance Community Development
Corporation in Philadelphia, Pennsylvania for construction of a
shopping center in an underserved community;
650. $90,000 to the Youth Leadership Foundation of
Philadelphia, Pennsylvania for a facilities needs study;
651. $90,000 for the Titusville Redevelopment Authority
of Titusville, Pennsylvania for facility improvements;
652. $90,000 to the Oil Creek Railway Historical Society,
Inc. of Pennsylvania for facilities renovations;
653. $90,000 to the City of Philadelphia, Pennsylvania
for the rehabilitation of the Royal Theater;
654. $90,000 to the Philadelphia Chinatown Development
Corporation for the construction of a Chinatown Community
Center in Philadelphia, Pennsylvania;
655. $90,000 for Lower Makesfield Township, Pennsylvania
to build a memorial to Bucks County victims of 9/11;
656. $103,500 for facilities construction and expansion
of the Johnsonburg Senior Center of Johnsonburg, Pennsylvania;
657. $112,500 for Strength Incorporated's Project Blanket
in Pittsburgh, Pennsylvania for a drug and alcohol prevention
program for juveniles in jail;
658. $112,500 to the National Trust for Historic
Gettysburg for the restoration of the historic Majestic Theater
in Gettysburg, Pennsylvania;
659. $112,500 to the Westmoreland County Industrial
Development Corporation for initiation of the second phase of
the Westmoreland Technology Park in Westmoreland County,
Pennsylvania;
660. $112,500 to the Invest Erie Community Development
Corporation for the acquisition and development of property in
Erie, Pennsylvania to establish a Parade Street Plaza;
661. $112,500 for the Community Empowerment Association's
``Friend-2-Friend'' Mentoring Program in Pittsburgh,
Pennsylvania which will provide mentoring for at-risk youth
aged 12 to 15;
662. $121,500 for facilities reconstruction and
renovation of the Strand Theatre in Zelienople, Pennsylvania to
serve as a Performing Arts, Education and Community Outreach
Center;
663. $121,500 to the Bedford County Agricultural Society
in Pennsylvania for facilities improvements at the Bedford
County Fairground;
664. $135,000 to CitiVest in Wilkes-Barre, Pennsylvania
for facilities construction for commercial development;
665. $135,000 to Montgomery County, Pennsylvania for
construction of a visitors center;
666. $135,000 to the Borough of Orwigsburg, Pennsylvania
for sidewalks curbs and street lighting;
667. $135,000 to the City of Pottsville, Pennsylvania for
sidewalks, curbs and street lighting;
668. $135,000 for Universal Community Homes in
Philadelphia, Pennsylvania, to continue the conversion of more
than 500 parcels of land into for-sale units for low- and
moderate-income families;
669. $135,000 to the Ogontz Avenue Revitalization
Corporation in Philadelphia, Pennsylvania to assist with
substantial rehabilitation of severely deteriorated vacant
properties that will be developed as a part of the West Oak
Lane community development rebuilding initiative;
670. $135,000 to the Philadelphia Martin Luther King
Center for Nonviolence in Philadelphia, Pennsylvania for the
College for Teens Program;
671. $157,500 to the Redevelopment Authority of Allegheny
County, Pennsylvania for the redevelopment of the Eastgate
Commerce Center, which will assist in the cost assessment,
remediation and demolition of existing blighted buildings and
tenant relocation costs;
672. $162,000 to the Volunteers of America of
Pennsylvania, Inc. for facilities renovation in Harrisburg,
Pennsylvania;
673. $180,000 to the Urban Education Development Research
and Retreat Center in Philadelphia, Pennsylvania for
renovations at the 4601 Market Street facility;
674. $180,000 to the City of Philadelphia, Pennsylvania
to support the Neighborhood Transformation Initiative, to
demolish abandoned homes as well as revitalize the Philadelphia
region;
675. $180,000 to the City of Scranton, Pennsylvania for
the revitalization of existing vacant and dilapidated buildings
in the downtown area;
676. $202,500 to the City of Lebanon, Pennsylvania for
building renovations as part of ``Operation Fight Blight'';
677. $202,500 to the Historic Preservation Trust of
Lancaster County, Pennsylvania for rehabilitation of facilities
at the Thaddeus Stevens and Lydia Hamilton Smith historic site;
678. $202,500 to the Windber Research Institute in
Johnstown, Pennsylvania for facilities expansion;
679. $202,500 to the York Agricultural Society for
facilities improvements to the York Expo Center Arena/Livestock
Exhibition Hall;
680. $225,000 to Fort Ligonier in Westmoreland County,
Pennsylvania for facilities renovation;
681. $225,000 to the Freedom Theater in Philadelphia,
Pennsylvania for theater renovation;
682. $225,000 to the Kiski Valley YMCA in Westmoreland
County, Pennsylvania for facilities expansion;
683. $225,000 to the Uptown Entertainment and Development
Corporation in Philadelphia, Pennsylvania for renovation of an
education technology center;
684. $225,000 to the Vandergrift Borough Council in
Pennsylvania for recreation facilities upgrades and repairs;
685. $225,000 for Lehigh County, Pennsylvania to
construct a Regional Public Training Facility, which will
provide services, programs and cross training to professional
and volunteer service providers;
686. $243,000 to the Community Action Agency of Delaware
County, Inc. in Pennsylvania for renovation of emergency
shelter facilities and for construction of transitional
housing;
687. $243,000 to University Technology Park in Chester,
Pennsylvania for facilities construction;
688. $270,000 for the Please Touch Museum in
Philadelphia, Pennsylvania for facilities construction;
689. $270,000 to the City of Arnold, Pennsylvania for
building renovation and rehabilitation in the downtown business
district;
690. $270,000 to the City of New Kensington, Pennsylvania
for building renovation and rehabilitation in the downtown
business district;
691. $270,000 for the Community Initiatives Development
Corporation, Our City Reading, for the rehabilitation of
abandoned houses and parks in Reading, Pennsylvania, to provide
quality home ownership opportunities to low-income families;
692. $283,500 to Pike County, Pennsylvania for
construction of a performing arts center;
693. $315,000 for the Erie Municipal Airport Authority
for the redevelopment of the recently acquired, former Fenestra
window manufacturing facility in Erie, Pennsylvania, to serve
the needs of major air express carriers as an on-airport
integrated service center;
694. $405,000 to the City of Erie, Pennsylvania for
facilities construction for the Erie Technology Incubator
project;
695. $450,000 to the Winnie Palmer Nature Reserve in
Westmoreland County, Pennsylvania for facilities construction;
696. $900,000 to the County of Cambria, Pennsylvania for
continued construction of the Northern Cambria Recreation
Facility in the Township of Cambria;
697. $1,170,000 to the American Cities Foundation in
Philadelphia, Pennsylvania for construction needs of a multi-
purpose facility;
698. $90,000 to Providence Children's Museum, Rhode
Island for facilities construction;
699. $90,000 to the Boys and Girls Club of Warwick, Rhode
Island for construction and renovation of the Norwood and
Oakland Beach Clubhouses;
700. $90,000 for the West Warwick Police Department in
Rhode Island to create a community center and park;
701. $90,000 for the Warwick Shelter Incorporated in
Rhode Island to purchase a new facility;
702. $90,000 for the Providence Black Repertory Theatre
in Rhode Island for renovations to an abandoned building;
703. $90,000 for Festival Ballet Providence, Rhode Island
for educational programs and a new facility;
704. $112,500 to the YMCA of Central Falls, Rhode Island
for modernization and upgrade of a facility;
705. $135,000 to Goodwill Industries of Rhode Island for
construction of a central facility located in Providence, Rhode
Island;
706. $157,500 for the Dorcas Place Adult and Family
Learning Center in Providence, Rhode Island for facility
expansion;
707. $157,500 for the International Institute of Rhode
Island for the International Charter School to expand its
facility;
708. $180,000 for the Meeting Street School in
Providence, Rhode Island for the construction of a National
Center of Excellence;
709. $180,000 for St. Elizabeth's Home in Providence,
Rhode Island for low-income assisted living;
710. $180,000 for the Tides Family Services in Providence
and Pawtucket, Rhode Island to acquire and renovate two
buildings;
711. $225,000 for the Providence Public Library, Rhode
Island for the South Providence Branch renovation;
712. $225,000 for the Town of Glocester, Rhode Island for
the Glocester Senior Center;
713. $315,000 for Providence College, Rhode Island for
the construction of a cultural arts center;
714. $360,000 for the Rhode Island Community Food Bank in
Providence for a new warehouse facility;
715. $180,000 to the Boys and Girls Club of Williamsburg
County, South Carolina for construction related to facilities
expansion;
716. $202,500 to the Housing Foundation, Inc. of
Charleston County, South Carolina for construction of the
Lincolnville Community Center;
717. $270,000 to the City of Rock Hill, South Carolina
for a feasibility study and physical assessments for the
redevelopment of the Rock Hill Printing and Finishing Company
textile mill site;
718. $283,500 to the South Carolina School for the Deaf
and Blind in Spartanburg, South Carolina for facilities
construction;
719. $360,000 for Five Rivers Community Development
Corporation in Georgetown, South Carolina for economic
development and affordable housing;
720. $630,000 for the City of Charleston, South Carolina
for pre- and post-homeownership classes;
721. $810,000 for the South Carolina Association of
Community Development Corporations in Charleston for job
training;
722. $990,000 for the City of Columbia, South Carolina
for facilities construction and the redevelopment of the Drew
Park Wellness Center;
723. $135,000 for the City of Freeman, South Dakota for
the construction of a community library;
724. $135,000 for the City of Canton, South Dakota for
renovations for the conversion of the train depot for economic
development;
725. $270,000 for the City of Sturgis, South Dakota for
the construction of a community library;
726. $360,000 for the City of Brookings, South Dakota for
downtown redevelopment;
727. $360,000 for the Southeast Council of Governments,
South Dakota to establish a revolving loan fund;
728. $360,000 for the City of Vermillion, South Dakota
for a business incubator;
729. $450,000 for the Center for Rural Collaboration and
Partnerships in South Dakota for facility construction;
730. $450,000 for Capitol University Center, Pierre,
South Dakota to construct a facility for job training;
731. $450,000 for the City of Rapid City, South Dakota to
build a business incubator;
732. $450,000 for the City of Clark, South Dakota for
development of an industrial property;
733. $2,700,000 for Wakpa Sica Historical Society in Fort
Pierre, South Dakota for the Wakpa Sica Reconciliation Center;
734. $67,500 to the City of Etowah, Tennessee/Friends of
the Old Scout Lodge for facilities rehabilitation of a historic
structure;
735. $81,000 for the City of Chattanooga, Tennessee for
economic development planning;
736. $81,000 for the City of Oak Ridge, Tennessee for
economic development planning;
737. $81,000 to Pickett County, Tennessee for
construction of a public library;
738. $81,000 to White County, Tennessee for construction
of a new public library;
739. $90,000 to Dyersburg Army Air Base Memorial
Association in Halls, Tennessee for facilities expansion of the
association's veterans museum;
740. $121,500 to the National Medal of Honor Museum of
Military History Foundation, Inc. for facilities renovation and
construction in Chattanooga, Tennessee;
741. $180,000 to Fisk University in Nashville, Tennessee
for facilities construction;
742. $180,000 to the Second Harvest Food Bank in Middle
Tennessee for facilities construction;
743. $202,500 to the Town of Spring City, Tennessee for
construction of a multi-purpose business and community center;
744. $255,150 to Knox County, Tennessee for renovations
and construction of parking facilities;
745. $405,000 to the Historical Tennessee Theatre
Foundation, Inc. for continued renovations of the Tennessee
Theatre in Knoxville, Tennessee;
746. $500,000 for the City of Memphis, Tennessee Biotech
Facility;
747. $850,000 for Nashville, Tennessee for the
revitalization of Rolling Mill Road;
748. $950,000 for the City of Chattanooga, Tennessee for
the revitalization of Alton Park;
749. $90,000 to Community Family Centers in Houston,
Texas for construction of an early childhood development
center;
750. $90,000 to the City of San Angelo Development
Corporation in Texas for planning a regional industrial park;
751. $90,000 to the City of Austin, Texas Neighborhood
Housing and Community Development Office for sidewalks, curbs,
street lighting and facade renovations;
752. $135,000 to the Abilene Preservation League in
Abilene, Texas for the restoration of historic Swenson House;
753. $135,000 to the Sulpher Springs Regional Development
Association in Hopkins County, Texas for construction of a
regional education and cultural center;
754. $135,000 to Texas A&M University Center for Housing
and Urban Development for construction of a community center
serving colonias;
755. $157,500 to the City of Abilene, Texas for the
renovation of the Matera Paper Building, including land
acquisition;
756. $202,500 for Texas A&M International University in
Laredo, Texas for construction of outreach centers in the El
Azteca neighborhood and the colonias of El Cenzio and Rio
Bravo;
757. $202,500 to Community Health Development, Inc. of
Uvalde, Texas for facilities expansion and construction for a
dental services and wellness center;
758. $202,500 to the Battleship Texas Foundation for
construction of an interpretive center;
759. $225,000 to Cameron County, Texas for construction
of a Boys and Girls Club facility in Santa Rosa;
760. $225,000 to the City of Fort Worth, Texas for
building restoration in the city center;
761. $360,000 to the City of Waco, Texas for construction
of a community center;
762. $405,000 to the Family Practice Residency of the
Brazos Valley in Bryan, Texas for construction of a new center
of excellence;
763. $405,000 to the Mercy Health System for facilities
renovations and improvements at Mercy Hospital in Laredo,
Texas;
764. $405,000 to the University of Texas at Arlington for
the continued facilities construction and buildout for the
Nano-Tech Research Institute;
765. $450,000 for Lubbock, Texas for capital needs of the
Lubbock Amphitheater;
766. $607,500 to the Old Red Courthouse Museum in Dallas,
Texas for the restoration of facilities for the Museum of
Dallas History;
767. $742,500 for Fort Worth, Texas for the
revitalization of the Fort Worth Polytechnic Heights Historic
Commercial and Educational Center;
768. $810,000 to the City of Fort Worth, Texas for
waterfront facilities construction for the Trinity River
Visions project;
769. $810,000 to the Globe of the Great Southwest in
Odessa, Texas for facilities expansion and improvements;
770. $900,000 for El Paso, Texas for the renovation of
the El Paso Plaza Theatre;
771. $180,000 to the Community Legal Center in Salt Lake
City, Utah for facility renovation;
772. $202,500 to West Valley City, Utah for construction
of a City's Multi-Ethnic Community Center;
773. $270,000 for the City of Orem, Utah for improvement
of Nielsen's Grove Historical Park;
774. $810,000 for the City of Riverton, Utah for
reconstruction of a Historic City Civic Center;
775. $1,170,000 for Sevier County, Utah for development
of a Multi-Events Center;
776. $22,500 to the Langhorne House in Danville, Virginia
for facilities renovations;
777. $22,500 to the Prestwould House near Clarksville,
Virginia to assist with renovations to the historic site;
778. $45,000 for the Town of Boydton, Virginia for
facilities improvements in connection with the downtown
revitalization project;
779. $67,500 for Loudon Interfaith Relief, Inc. of
Virginia for planning activities for development of a community
kitchen;
780. $90,000 for Henry County, Virginia for facility
renovations at the Henry County technology campus;
781. $90,000 for the City of Martinsville, Virginia for
the planning for the utilization of an industrial site;
782. $90,000 for the Town of Altavista, Virginia to
assist with renovations of the shell building industrial site;
783. $90,000 for the Town of Clarksville, Virginia to
assist with the study on the development of the downtown area;
784. $90,000 to Arlington County, Virginia for renovation
and buildout for the Bonder and Amanda Johnson Community
Development Corporation facility;
785. $90,000 to the Martinsville-Henry County Historical
Society in Virginia for improvements to the Old Henry County
Court House and Museum;
786. $90,000 to the City of Manassas, Virginia for
restoration of the Liberia House;
787. $90,000 to the Virginia Science Center for
construction of the Belmont Bay Science Center in Prince
William County, Virginia;
788. $90,000 to the Vienna Little League in Vienna,
Virginia for facilities construction;
789. $135,000 to the Lorton Arts Foundation in Lorton,
Virginia for the renovation of buildings for a creative arts
center;
790. $157,500 to the Arlington Partnership for Affordable
Housing (APAH) in Arlington, Virginia for facilities
construction for a computer technology information center;
791. $157,500 to New Hope Housing in Alexandria, Virginia
for renovation of the Mondloch House and construction at the
Kennedy Shelter;
792. $162,000 to Eastern Shore Community College for
construction of the Eastern Shore Workforce Training and
Business Development Center in Melfa, Virginia;
793. $180,000 for the Town of South Hill, Virginia for
the restoration of the Colonial Theatre;
794. $180,000 to the Arlington Housing Corporation in
Arlington, Virginia for construction of a community center in
the Woodbury Park development;
795. $180,000 to the Institute of Advanced Learning and
Research (IALR) in Danville, Virginia for installation and
improvements to high technology systems;
796. $180,000 to the Rich Valley Fair Association in
Virginia for construction of a new facility to jointly serve as
a community center and indoor space for the community fair;
797. $180,000 to the Shenandoah Valley Discovery Museum,
Inc. for facilities expansion and buildout;
798. $180,000 to the Town of Edinburg, Virginia for the
renovation and adaptive reuse of the Historic Edinburg Mill;
799. $180,000 to Vanguard Services Unlimited of
Arlington, Virginia for renovation and improvement of
facilities;
800. $202,500 to the City of Suffolk, Virginia for the
renovation and restoration of the old Suffolk High School for
use as a cultural center;
801. $202,500 to the Lynchburg Academy of Music in
Lynchburg, Virginia for facilities construction and renovation;
802. $202,500 to the Tredegar National Civil War Center
Foundation of Richmond, Virginia for facilities construction;
803. $216,000 to the Virginia Living Museum in Newport
News, Virginia for construction and renovation of facilities;
804. $225,000 to Edgehill Recovery Retreat Center in
Winchester, Virginia for facilities construction;
805. $225,000 for Mary Baldwin College in Staunton,
Virginia for ongoing construction of the Center for the
Exceptionally Gifted;
806. $450,000 to the St. Coletta School in Alexandria,
Virginia for facilities construction;
807. $675,000 to the Christopher Newport University
Foundation of Newport News, Virginia for facilities
construction and renovation;
808. $1,350,000 for Newport News, Virginia for the
development of the Newport News Fine Arts Center;
809. $90,000 to the Department of Vermont Veterans of
Foreign Wars for the construction of the Green Block Veterans
Memorial in Brandon, Vermont and the Windsor, Vermont War
Memorial;
810. $90,000 to the Northeastern Vermont Development
Corporation for construction of a community center in Orleans
County;
811. $90,000 for the Carving Studio in West Rutland,
Vermont for building renovations;
812. $90,000 to the Northeastern Vermont Development
Association to support the Northeast Kingdom Enterprise
Collaborative and the Northeast Kingdom REAP zone in promoting
economic development throughout the region;
813. $180,000 for the Park-McCullough House in North
Bennington, Vermont for preservation of property;
814. $225,000 to the Vermont Broadband Council to promote
broadband accessibility throughout Vermont;
815. $270,000 to the Vermont Housing and Conservation
Board for rehabilitation and construction of affordable housing
in the historic Tuttle Building in Rutland, Vermont;
816. $270,000 to the City of Burlington for construction
of the Intervale Food Enterprise Center in Burlington, Vermont;
817. $270,000 for the Vermont Development Initiative to
expand their services throughout Vermont;
818. $270,000 for the Vermont Housing and Conservation
Board in Stowe, Vermont for the creation of affordable housing;
819. $270,000 for the Vermont Housing and Conservation
Board in Newport, Vermont for the expansion of affordable
senior housing;
820. $315,000 to the Vermont Housing and Conservation
Board for the development of affordable housing in Vergennes,
Vermont;
821. $360,000 for the City of Burlington, Vermont for
neighborhood revitalization;
822. $360,000 for the Lund Family Center in Burlington,
Vermont for building renovations;
823. $450,000 for the Vermont Institute of Science for
the construction of a new public education and wildlife center;
824. $810,000 to the Vermont Housing and Conservation
Board for infrastructure improvements and other costs related
to the development of affordable housing on Depot Street in
Burlington, Vermont;
825. $67,500 to the Aberdeen Museum of History in
Aberdeen, Washington for facility renovations;
826. $67,500 to the Boys and Girls Club of the Olympic
Peninsula for restoration of their Mt. Angeles, Washington
facility;
827. $67,500 to the Jefferson County Historical Society
in Jefferson County, Washington for building restoration;
828. $67,500 to the Kitsap County Historical Society in
Kitsap County, Washington for facility renovations;
829. $90,000 to the City of Mount Vernon, Washington for
renovations to the historic Lincoln Theater;
830. $90,000 to the Lummi Indian Nation in Watcom County,
Washington for the construction of the Semiahmah Memorial and
Coast Salish Heritage Park;
831. $90,000 to Bread and Rose in Olympia, Washington for
renovations to a homeless shelter;
832. $90,000 for the City of Forks, Washington for
telecommunications initiatives;
833. $90,000 for the Elks Club of Pierce and Thurston
Counties in Tacoma, Washington for the Toys for Disabled Youth
Project;
834. $90,000 for the Washington State Rural Development
Council for the Rural Community Assessment Project;
835. $180,000 for the Rural and Farmworker Housing Trust
in Washington for farmworker housing;
836. $180,000 for the Squaxin Island tribe in Shelton,
Washington for the Squaxin Island Museum, Library and Research
Center;
837. $180,000 for the Wenatchee Valley College Foundation
in Wenatchee, Washington to complete construction of the
Institute for Rural Innovation and Stewardship;
838. $202,500 to the City of Buckley, Washington for
construction of the Buckley Youth Center;
839. $225,000 to the Port of Bremerton, Washington for
facilities construction related to expansion of a marina;
840. $225,000 to the Port of Grays Harbor, Washington for
facilities construction and buildout for a boat yard;
841. $225,000 for the Friends of Youth of Redmond,
Washington for the Griffin Home renovation in Renton;
842. $225,000 for Horizons, Inc. in Sunnyside, Washington
for technology training centers;
843. $225,000 for Transitions in Spokane, Washington to
purchase a building for the Women's Drop-in Center;
844. $225,000 for the Port of Chelan in Wenatchee,
Washington to complete the construction of a community
technology center;
845. $225,000 for the Washington State Office of
Community Development for a planning and development resource
center;
846. $387,000 for the SeattleArt Museum/Museum
Development Authority, Washington for costs associated with
brownfields cleanup;
847. $405,000 to the Boys and Girls Club of Spokane
County, Washington for renovation of facilities;
848. $450,000 for the SWIFT Cyber Corporation in
Washington for broadband access;
849. $450,000 for the YWCA of Seattle, Washington for the
YWCA Opportunity Place;
850. $495,000 for Kent Youth and Family Services in Kent,
Washington to build two new community centers including the
Building Better Futures Family Center;
851. $90,000 to the City of Stoughton, Wisconsin for
sidewalk, street lighting and furniture, and building
renovations;
852. $90,000 to Brown County, Wisconsin for an economic
development study for the Port of Green Bay;
853. $90,000 for the Burleigh Street CDC in Milwaukee,
Wisconsin for a community and enterprise center;
854. $90,000 for the Genesis Foundation of Madison,
Wisconsin for the South Madison Incubator;
855. $112,500 to St. Norbert College of DePere, Wisconsin
for construction of a library learning center;
856. $135,000 to the City of Columbus, Wisconsin for
sidewalk, street lighting and furniture, and building
renovations;
857. $135,000 to the Milwaukee Center for Independence in
Milwaukee, Wisconsin for construction of a Children's
Diagnostic Center;
858. $135,000 for the City of Racine, Wisconsin for
neighborhood redevelopment;
859. $225,000 to the Metcalfe Park Residents Association
in Milwaukee, Wisconsin for sidewalk, street lighting and
furniture, and building renovations;
860. $225,000 for the YWCA of Milwaukee, Wisconsin for
the rehabilitation of two central city properties;
861. $225,000 for City of Burlington, Wisconsin for
development of the Bel-Mur site;
862. $225,000 for the City of Beloit, Wisconsin for the
renovation of abandoned Beloit Corporation land;
863. $225,000 for the City of Eau Claire, Wisconsin for
downtown revitalization;
864. $360,000 for Madison, Wisconsin for the Novation
Technology Campus;
865. $450,000 for the City of Madison, Wisconsin for the
development of affordable housing;
866. $630,000 to the Wisconsin Indianhead Technical
College in Rice Lake, Wisconsin for construction and expansion
of facilities at its new technology center;
867. $675,000 for the City of Milwaukee, Wisconsin for
the Menomonee River Valley Redevelopment project;
868. $90,000 to Marshall University's Appalachian
Transportation Institute for a study of economic development
opportunities in southern West Virginia to support the Southern
Highlands Initiative;
869. $90,000 to Marshall University's Appalachian
Transportation Institute, West Virginia for economic
development planning related to recent flooding;
870. $121,500 for the Kanawha Institute for Social
Research and Action for facilities renovation for a business
incubator and community center in Kanawha County, West
Virginia;
871. $162,000 to the Upper Kanawha Valley Enterprise
Community, West Virginia for facilities renovation for a
business and community center;
872. $450,000 to the Greenbrier Valley Economic
Development Authority for facilities construction in
cooperation with the 4-County Economic Development Authority
located in Oak Hill, West Virginia focused on development along
the Interstate 64 corridor;
873. $720,000 to the Grant County Commission in West
Virginia for construction of a community center;
874. $900,000 for the City of Summersville, West Virginia
for the expansion of the National Guard Readiness Center;
875. $1,053,000 to the Mid-Atlantic Aerospace Complex,
Inc. in Bridgeport, West Virginia for facilities construction;
876. $1,125,000 to Concord College in Athens, West
Virginia for facilities construction for an information
technology training center;
877. $1,170,000 to the West Virginia High Technology
Consortium Foundation, Inc. in Marion County, West Virginia for
facilities construction for a high-tech park;
878. $1,575,000 to the Monongalia County Schools
Foundation, Inc. in West Virginia for construction of
recreational facilities;
879. $1,682,000 to the Vandalia Heritage Foundation, West
Virginia for development needs;
880. $1,800,000 for Potomac State College in Keyser, West
Virginia for renovation of a library;
881. $2,700,000 for Glenville State College in Glenville,
West Virginia for the construction of a new campus community
education center;
882. $2,700,000 for West Virginia Wesleyan College in
Buckhannon, West Virginia for renovation/expansion of a science
hall.
--$42,120,000 for the Neighborhood Initiatives program
instead of $23,400,000 as proposed by the House and $40,000,000
as proposed by the Senate. Modified language is included,
similar to language proposed by the House and Senate, targeting
funds made available under this program. Targeted grants shall
be provided as follows:
1. $900,000 for Anchorage, Alaska for an expansion of the
Anchorage Museum;
2. $250,000 for the City of Boaz, Alabama for facilities
renovations and expansion;
3. $250,000 for the Alabama Historic Commission for the
Historic Fort Toulouse-Fort Jackson project;
4. $1,260,000 to the Model City Community Revitalization
District Trust in Miami, Florida for the Model City
Homeownership project;
5. $1,620,000 to the University of Idaho in Moscow, Idaho
for construction of the Performance and Education Facility at
the Lionel Hampton Center;
6. $620,000 for the City of Indianapolis, Indiana for the
Life Sciences Project;
7. $225,000 to the New Zion Community Foundation
Development for continued renovations and improvements for a
community resource center in Louisville, Kentucky;
8. $90,000 for The Neighborhood House in Louisville,
Kentucky to furnish the community center;
9. $135,000 for the Portland Avenue Community Trust in
Louisville, Kentucky for a multi-purpose facility;
10. $225,000 to the St. Stephen Family Life Center of
Louisville, Kentucky for renovation of a facility for drug
abuse counseling and transitional housing;
11. $135,000 to the New Directions Housing Corporation in
Louisville, Kentucky for renovation of the historic Reeser
Court Apartments;
12. $135,000 to the Shawnee Gardens Development
Corporation of Louisville, Kentucky for the conversion of a
building to serve as an independent living senior housing
facility;
13. $108,000 to the West Broadway Community Development
Corporation in Louisville, Kentucky for development of a multi-
purpose facility;
14. $27,000 to the Coalition for the Homeless of
Louisville/Jefferson County, Kentucky for a planning grant;
15. $1,000,000 for East Baltimore Development Inc., in
Baltimore, Maryland for redevelopment activities in East
Baltimore;
16. $1,000,000 to the Palestine Economic Development
Corporation for the development of an Urban Assisted Living
Center in Kansas City, Missouri;
17. $2,490,000 for the Applied Urban Research Institute
in Missouri for a community development initiative;
18. $500,000 for the Seton House Transition Living Center
in Missouri for Seton House operation and improvements;
19. $500,000 to Kansas City, Missouri for Columbus Park
Neighborhood Improvements;
20. $500,000 for Thomas Jefferson Institute in Missouri
for development of a Youth Education Farm;
21. $500,000 for Logan College of Chiropractic for a
mitigation compliance project consisting of retention and
detention control areas in Chesterfield, Missouri;
22. $1,000,000 for Kansas City, Missouri for streetscape
improvements in the Kansas City downtown library district;
23. $500,000 for Urban Strategies for the construction of
an affordable mixed income housing property for disabled
individuals in the Central West End area of the City of St.
Louis, Missouri;
24. $500,000 for the City of Chillicothe, Missouri for
downtown revitalization;
25. $500,000 for the City of Cape Girardeau, Missouri for
downtown revitalization;
26. $500,000 for the Boys and Girls Club in Glendale,
Montana for new program starts;
27. $4,500,000 to the City of Syracuse, New York for the
Neighborhood Initiative Program;
28. $1,530,000 to Children's Center in Brooklyn, New York
for the construction of a facility to house educational and
therapeutic programs for disabled children;
29. $450,000 to The Ohio State University for its
Neighborhoods Revitalization Initiative;
30. $750,000 for the City of Cincinnati, Ohio for the
development of the Ohio River Trail;
31. $450,000 to the Mandel School of Applied Social
Sciences' Center for Community Development at Case Western
Reserve University for the Louis Stokes Fellow Program in
Community Organization and Development;
32. $1,170,000 to the Northwest Regional Planning
Commission in Spooner, Wisconsin for a revolving loan fund to
assist tornado-damaged areas in northwestern Wisconsin;
33. $4,500,000 for the Institute for Scientific Research
for construction related to a high-technology diversification
initiative;
34. $4,050,000 for the Vandalia Heritage Foundation, Inc.
for community and neighborhood revitalization and economic
diversification initiatives;
35. $450,000 to the U.S. Soccer Foundation for the
National Soccer Program Development Initiative;
36. $800,000 for the National Housing Trust/Enterprise
Preservation Corporation to preserve affordable apartments for
low-income people;
37. $4,400,000 for the Housing Partnership Network for a
revolving loan fund for single-family home ownership
development and loans to non-profit affordable housing
organizations;
38. $1,800,000 for the Girl Scouts of the U.S.A. for
youth development initiatives in public housing;
39. $1,800,000 for the Boys and Girls Clubs of America
for the operating and start-up costs of clubs located in or
near, and primarily serving residents of, public and Indian
housing.
The conference agreement does not include bill language
designating separate set-asides under this account for the Boys
and Girls Clubs of America and the Girl Scouts of the USA as
proposed by the Senate, and instead includes funding for these
activities under the Neighborhood Initiatives program. The
House did not propose funding for these activities.
Includes modified language making technical corrections
to certain targeted economic development initiative grants
funded under this heading in prior appropriations Acts, similar
to language proposed by the House and the Senate.
Includes language transferring no less than $3,400,000 to
the Working Capital Fund for development of and modifications
to information technology systems as proposed by the House and
the Senate.
Includes language regarding the limitation on the use of
certain funds for planning, management and administration
proposed by the Senate instead of language proposed by the
House.
The conferees reiterate the direction included in the
House report regarding a report evaluating the inclusion of
people with disabilities and their advocates in development of
consolidated plans.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $6,325,000 for costs associated with section
108 loan guarantees as proposed by the House instead of
$14,000,000 as proposed by the Senate. This amount, when
combined with unobligated prior year credit subsidy
appropriations and loan commitment authority, will provide a
total of $13,325,000 in credit subsidy appropriations to
support a total loan commitment level of $579,344,000.
BROWNFIELDS REDEVELOPMENT
Appropriates $25,000,000 for brownfields redevelopment as
proposed by both the House and the Senate.
The conference agreement retains language proposed by the
House to make funds available pursuant to the current statutory
authorities instead of language proposed by the Senate.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
Appropriates a total of $2,000,000,000 for this account,
instead of $2,221,040,000 as proposed by the House and
$1,950,000,000 as proposed by the Senate.
The conference agreement includes $1,925,000,000 for the
HOME Investment Partnerships program, instead of $2,021,040,000
as proposed by the House and $1,950,000,000 as proposed by the
Senate. Language is included designating $40,000,000 for
housing counseling as proposed by the Senate instead of
$25,000,000 as proposed by the House. In addition, of the total
amount provided for the HOME program, $18,000,000 is for
technical assistance including $6,000,000 for qualified non-
profit intermediaries to provide technical assistance to
Community Housing and Development Organizations (CHDOs),
instead of $20,000,000 for technical assistance including
$8,000,000 for technical assistance to CHDOs as proposed by the
House. The Senate did not propose a specific amount for this
activity.
In addition, the conference agreement includes
$75,000,000 to be allocated by the Secretary to participating
jurisdictions to provide downpayment assistance to low-income
families to help them achieve homeownership.
The conferees reiterate the direction included in the
House report regarding the issuance of guidance regarding the
eligibility of manufactured housing under the HOME program.
HOMELESS ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
Appropriates $1,225,000,000 for homeless assistance
grants, instead of $1,250,000,000 as proposed by the House and
$1,215,025,000 as proposed by the Senate. Includes language
requiring the renewal of all expiring shelter plus care grants
as proposed by the House instead of bill language specifying a
dollar amount for this purpose as proposed by the Senate.
However, the conferees understand that the current estimate for
shelter plus care renewals totals $193,000,000. The conferees
expect the Department to provide the full amount necessary to
fund these renewals from within the amounts provided.
Language is included as proposed by the House designating
$11,000,000 for the national homeless data analysis project and
$6,600,000 for technical assistance. The Senate bill included
language designating a total of $17,600,000 for these
activities but did not specify an amount for each purpose.
Language is not included designating $1,500,000 under
this account for the administrative needs of the Interagency
Council on the Homeless as proposed by the House. The
conference agreement includes $1,500,000 as a separate account
in title III of this Act for this purpose as proposed by the
Senate.
Language is included designating $10,000,000 for a two-
year demonstration program to fund innovative and effective
programs to address homelessness as proposed by the House. The
conferees reiterate that funds provided for this demonstration
are only to be used for the housing portion of such programs.
Grantees shall derive supportive services funds from public or
private sources other than homeless assistance grants funded
under this account. The conferees request that the Department
submit an annual report to the Committees on Appropriations on
the projects funded under this demonstration and their
outcomes, with the first such report due March 15, 2004. The
Senate did not propose funding for this activity.
In lieu of the language in the Senate report, the
conferees reiterate their support for the creation of
additional units of permanent supportive housing and concern
over the targeting of the shelter plus care program to
chronically homeless people. The conferees are concerned that
the Department is not taking the proper steps to determine the
extent to which HUD's homeless assistance programs are meeting
the needs of chronically homeless people. Therefore, HUD is
directed to begin collecting data on the percentage and number
of beds and supportive services programs that are serving
people who are chronically disabled and/or chronically
homeless.
The conferees reiterate the direction and reporting
requirement included in the Senate report regarding the
collection and analysis of data to assess the effectiveness of
the homeless system, and direct that such report also include
HUD's timeline for finalizing data requirements for the
Homeless Management Information System.
In lieu of the direction included in the Senate report
regarding the Iowa continuum of care application, the conferees
understand that the Department has addressed the Iowa
application to the extent that is legally permissible.
Housing Programs
HOUSING FOR SPECIAL POPULATIONS
(INCLUDING TRANSFER OF FUNDS)
Appropriates $1,033,801,000 for housing for special
populations as proposed by the Senate instead of $1,100,000,000
as proposed by the House.
Includes $783,286,000 for section 202 housing for the
elderly as proposed by the Senate instead of $790,903,000 as
proposed by the House. Of this amount, $50,000,000 is for
service coordinators and congregate services as proposed by the
House instead of $53,000,000 as proposed by the Senate; and up
to $25,000,000 is for conversion of eligible section 202
projects to assisted living instead of $30,000,000 as proposed
by the House and up to $50,000,000 as proposed by the Senate.
Includes $250,515,000 for section 811 housing for the
disabled as proposed by the Senate instead of $259,097,000 as
proposed by the House.
The conference agreement does not include language
proposed by the Senate to make section 202 and section 811
grant funds available for expenditure for twelve years, but
includes modified language to make funds provided under this
heading available for obligation for four years rather than
three years as proposed by the House and Senate.
The conferees are concerned by the unduly long time it
has taken in many cases to complete construction of elderly
housing units funded through the section 202 program. While the
conferees appreciate the complexities involved in housing
construction, the conferees are concerned that many of these
delays are attributable to a lack of site control and/or
sufficient planning, design and development. Therefore, the
conference agreement includes $25,000,000 for a demonstration
grant program to facilitate planning, design and development
activities for section 202 projects instead of $50,000,000 as
proposed by the House. In lieu of the direction included in the
House report regarding preference for future capital grant
awards, the conferees direct HUD to review current procedures
for making awards under the section 202 program to ensure that
those entities which can demonstrate their ability to bring
projects on-line within the existing timeframes required by
HUD, including achieving site control, are given preference
under the section 202 program.
The conference agreement includes language, modified from
language proposed by the House, requiring the Secretary to
submit a report to the Committees on Appropriations no later
than July 15, 2003 which includes the following: (1) actions
taken, or planned to be taken, by the Department to accelerate
the completion of projects funded under the section 202
program; and (2) alternative plans to restructure or otherwise
modify the current section 202 program which would result in
the completion of units and expenditure of funds in a more
timely fashion, including, but not limited to, the option to
restructure this program in a manner which tracks other
Federally funded construction programs whereby grants for
planning and design, construction, and operations are provided
for separately.
The conference agreement does not include language
proposed by the Senate authorizing the Secretary to waive any
provision of law or regulation governing the section 202 and
section 811 programs. The House did not include similar
language. Instead, the conference agreement includes modified
language limiting the Secretary's waiver authority to only
those provisions governing the terms and conditions for project
rental assistance contracts and tenant-based voucher contracts
to enable the Secretary to limit such initial contracts to no
more than a five year term.
FLEXIBLE SUBSIDY FUND
(TRANSFER OF FUNDS)
Includes language regarding the transfer of excess rental
charges to this fund as proposed by the House and the Senate.
RENTAL HOUSING ASSISTANCE
(RESCISSION)
Includes a rescission of up to $100,000,000 from
recaptured excess section 236 funds resulting from the pre-
payment of such mortgages as proposed by the House, rather than
directing the use of such excess funds to be used for a
rehabilitation grant and loan program as proposed by the
Senate.
MANUFACTURED HOUSING FEES TRUST FUND
Appropriates $13,000,000 for authorized activities from
fees collected in the fund as proposed by the House and Senate.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Establishes a $165,000,000,000 limitation on single-
family loan guarantees during fiscal year 2003 as proposed by
the House instead of a limitation of $160,000,000,000 as
proposed by the Senate.
Establishes a $100,000,000 limitation on direct loans to
nonprofits and governmental entities in connection with the
sale of HUD-owned single-family properties, instead of a
limitation of $50,000,000 as proposed by the House and a
limitation of $250,000,000 as proposed by the Senate.
Appropriates $347,829,000 for administrative expenses as
proposed by both the House and Senate. Of this amount,
$343,807,000 is to be transferred to the salaries and expenses
account and not to exceed $4,022,000 is to be transferred to
the Office of Inspector General as proposed by both the House
and Senate.
Appropriates $85,720,000 for administrative contract
expenses and includes language allowing up to an additional
$16,000,000 to be made available for such expenses in certain
circumstances as proposed by both the House and Senate.
Transfers no less than $21,360,000 from administrative
contract expenses under this account to the Working Capital
Fund for the development of and modifications to information
technology systems as proposed by both the House and Senate.
The conferees reiterate the direction included in the
Senate report regarding submission of a report to the
Committees on Appropriations on further actions which could be
taken to protect homeowners and communities experiencing high
rates of defaults and foreclosures on FHA-insured loans, and
direct that such report be provided no later than June 2, 2003.
The conferees are aware of concerns regarding the effect
the accelerated claims disposition demonstration will have in
low-income, distressed neighborhoods, and urge the Department
to take the particular needs of these communities into
consideration when implementing this demonstration. In lieu of
the language included in the Senate report regarding the
accelerated claims disposition demonstration program, the
conferees direct HUD to provide a report to the Committees on
Appropriations no later than August 1, 2003, on savings to the
FHA single-family insurance fund and, where possible, the
impact of this demonstration on the numbers of foreclosures and
re-performing loans within the demonstration, as well as the
impact of this program on such communities if such properties
are sold to investors or resold in a deteriorated condition.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Establishes a $23,000,000,000 limitation on multifamily
and specialized loan guarantees during fiscal year 2003 as
proposed by the House instead of a limitation of
$21,000,000,000 as proposed by the Senate.
Appropriates $15,000,000 for subsidy costs to support
certain multifamily and special purpose loan guarantee programs
as proposed by the House and the Senate.
The conferees understand that once the final consolidated
OIG audit on section 514 grantees is received, the Department
will make a determination whether to lift the suspension,
recapture funds spent inappropriately, or bar grantees from
receiving funds for four years, based on the OIG assessment of
the individual violations. The conferees ask the Department to
report on the status of resolution of these findings by April
15, 2003.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $10,343,000 for administrative expenses to
be transferred to the salaries and expenses account as proposed
by both the House and the Senate.
Policy Development and Research
RESEARCH AND TECHNOLOGY
Appropriates $47,000,000 for research and technology as
proposed by both the House and Senate.
Includes $7,500,000 for the Partnership for Advancing
Technology in Housing (PATH) initiative, instead of $7,000,000
as proposed by the House and $8,750,000 as proposed by the
Senate.
The conferees reiterate the direction included in the
Senate report denying demonstration authority without prior
congressional approval.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
Appropriates $45,899,000 for the Fair Housing Assistance
Program (FHAP) and the Fair Housing Initiatives Program (FHIP)
as proposed by both the House and the Senate.
Office of Lead Hazard Control
LEAD HAZARD REDUCTION
Appropriates $176,000,000 for lead hazard reduction
instead of $126,000,000 as proposed by the House and
$201,000,000 as proposed by the Senate.
The conferees agree to allocate funds as follows:
--$10,000,000 for Operation LEAP;
--$96,000,000 for the lead-based paint hazard control
grant program to provide assistance to State and local
governments and Native American tribes for lead-based paint
abatement in private low-income housing;
--$10,000,000 for technical assistance and support to
State and local agencies and private property owners;
--$10,000,000 for the Healthy Homes Initiative for
competitive grants for research, standards development, and
education and outreach activities to address lead-based paint
poisoning and other housing-related diseases and hazards; and
--$50,000,000 for an initiative to target lead abatement
funds to areas with the highest lead paint abatement needs.
Includes new language making available $50,000,000 on a
competitive basis to those areas with the highest lead paint
abatement needs as determined by the highest number of pre-1940
units, a disproportionately high number of documented cases of
lead-poisoned children and an applicant's demonstrated capacity
to implement successfully the proposed uses of the funds.
Language is also included requiring that not less than 90
percent of the funds made available under this initiative to be
used exclusively for abatement and interim control of lead-
based paint hazards. Language is also included requiring
recipients of funds awarded under this initiative to provide a
matching contribution of not less than 25 percent of the total
grant award. The conferees believe that communities with the
highest lead paint risk to children must employ an aggressive
approach to lead-based paint abatement, and direct that grants
made under this new initiative be not less than $2,000,000. The
conferees intend that eligible recipients of these funds will
be units of local government. In selecting recipients for
funding under this initiative, the Department shall consider
the capacity of the applicant to use the funds provided,
including the success of the applicant in using previously
provided Federal dollars for lead-based paint hazard reduction,
as well as the applicant's strategies to mobilize public and
private resources to address this problem. Grant recipients
under this initiative are expected to use funds for abatement
and hazard reduction in privately owned rental-housing units
that serve low-income families with children under the age of
six. Units treated with funds provided under this initiative
must remain available for low-income residents for at least
three years following treatment of the lead-based paint hazard.
The conferees direct the Department to submit an annual report
to the Committees on Appropriations on the effectiveness of
this program with the first such report due March 1, 2004.
Further, the conferees request that the Department review the
need for demolition grants under this initiative and provide a
report to the Committees on Appropriations by June 27, 2003.
The conferees do not intend for any action taken in this Act to
prejudice ongoing or future litigation brought against lead
pigment manufacturers. Additionally, no action taken in this
Act is intended to mitigate the responsibility of housing
owners to address the existence of lead-based paint hazards in
a timely and expeditious manner.
The conferees are aware that the Department currently
reserves approximately 80 percent of the current lead-based
paint hazard control grant program funding for allocation to
current grantees or previous grantees, with the remaining 20
percent provided for new grantees. The conferees request that
the Department evaluate this policy to ensure that such
allocation is appropriate to ensure that resources are made
available to communities with the need as well as the capacity
to use such grants. Further, the conferees urge the Department
to consider the total amount of Federal and non-Federal
resources available to address lead-based paint hazards when
allocating funds provided for the current lead-based paint
hazard control grant program. Further, the conferees expect the
Department to award all funds provided for the current lead-
based paint hazard grant program on a competitive basis and to
report to the Committees on Appropriations by April 15, 2003 on
how this requirement is being met.
Management and Administration
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriates $1,090,229,000 for salaries and expenses as
proposed by the House instead of $1,070,229,000 as proposed by
the Senate. Of this amount, $530,299,000 is provided as a
direct appropriation under this account as proposed by the
House instead of $510,299,000 as proposed by the Senate.
The conference agreement includes language as proposed by
the House directing the Department to allocate funds provided
under this heading in the manner specified in the joint
explanatory statement of the managers accompanying this Act
unless the Committees on Appropriations are notified and
approve of any changes in the operating plan or through a
reprogramming. The conferees reiterate the direction included
in the House report regarding such operating plan and
reprogramming procedures. The following office and object
classifications are to be used as the basis of any changes in
funding distributions:
Office of Housing....................................... $294,224,000
Office of Public and Indian Housing..................... 153,971,000
Office of Community Planning and Development............ 76,174,000
Office of Policy Development and Research............... 19,147,000
Office of Fair Housing and Equal Opportunity............ 59,973,000
Office of Healthy Homes and Lead Hazard Control......... 2,634,000
Government National Mortgage Association................ 7,233,000
Departmental Management................................. 22,344,000
Center for Faith-Based and Community Initiatives........ 2,606,000
Office of the Chief Financial Officer................... 53,986,000
Office of the General Counsel........................... 68,336,000
Office of Field Policy and Management................... 77,410,000
Office of Administration................................ 241,761,000
Transfer to the Working Capital Fund.................... 10,500,000
--------------------------------------------------------
____________________________________________________
Total, Management and Administration.............. $1,090,229,000
Consistent with modifications to the original budget
submission, the object classification distribution, which shall
also serve as the basis for the operating plan and
reprogramming changes, is as follows:
Personal Services--$830,763,000
Travel and Transportation of Persons--$25,508,000
Transportation of Things--$700,000
Rent, Communications and Utilities--$124,572,000
Printing and Reproduction--$4,644,000
Other Services--$97,807,000
Supplies and Materials--$4,932,000
Furniture and Equipment--$1,180,000
Indemnities--$193,000
The preceding object classification distribution includes
$20,000,000 provided for funds control improvements within the
Other Services object class. The Department is directed to
submit a spending plan allocating these funds no later than
April 15, 2003.
Allocations included in the conference agreement are
consistent with the distributions included in the Department's
budget submission, excluding amounts assumed contingent upon
enactment of legislative changes to legacy retirement costs,
updated to include the effects of the reorganization
implemented during fiscal year 2002 and additional resources
provided for funds control improvements. However, the conferees
understand recent hiring decisions have resulted in the
Department exceeding its requested 9,100 full time equivalents
(FTE) level by an estimated 268 FTEs. This increase contradicts
the Department's budget justification submission for the fiscal
year. In addition, the Committees on Appropriations were not
informed of this substantive change in staffing until the
funding shortfall caused by this FTE level reached critical
proportions. Further, the conferees understand that the
Department's hiring actions were in many cases inconsistent
with the Department's Resource Estimation and AllocationProcess
(REAP) resulting in some offices and functions remaining understaffed
while other offices and functions are overstaffed. The conferees are
disturbed by the Department's failure to adhere to staffing levels set
forth in the budget and to meet required notification requirements
regarding such changes, as well as by the Department's inability to
manage the allocation of staff resources based upon workload
requirements. Modified language is included, similar to language
proposed by the House, requiring the Secretary to submit a staffing
plan for the Department no later than March 15, 2003. In addition, the
Department is directed to submit a reprogramming of funds no later than
March 15, 2003 that reflects changes from the office and object
classification distributions included in this conference agreement, as
well as the actions the Department is taking to realign staffing
resources to match workload requirements, including any additional
staffing requirements resulting from changes made to the section 8
voucher program in this Act.
The Office of Inspector General (OIG) is also requested
to review the Department's hiring decisions to determine
whether these decisions have been consistent with the
Department's staffing needs, program requirements, and
applicable personnel practices. The OIG is asked to report to
the Committees on Appropriations on its findings no later than
August 15, 2003.
Language is included designating $20,000,000 to remain
available for two years for funds control improvements as
proposed by the House. The Senate bill did not include a
similar provision. Language is also included, as proposed by
the House, related to funds control improvements. The Senate
did not include similar language. The conferees reiterate the
concerns expressed in the House report regarding the severe
chronic funds control problems at the Department, including the
failure of the Department to make timely formal determinations
of the violations of Anti-Deficiency Act (ADA) and other
appropriations statutes. The conferees reiterate all direction
included in the House report regarding this problem, including
the direction included in the House report regarding the
authority and the responsibility of the Office of the Chief
Financial Officer (OCFO) with respect to compliance with
appropriations laws, including the ADA. The conferees note that
to assist the OCFO in fulfilling these responsibilities, the
conference agreement includes language establishing a division
of appropriations law within the OCFO and transferring no fewer
than four experienced appropriations attorneys from the
Legislative Division of the Office of Legislation and
Regulations, Office of the General Counsel to the OCFO for such
new division. The conferees direct that the Secretary ensure
that all attorneys transferred pursuant to the conference
agreement have significant experience and expertise in matters
of appropriations law, and further direct the Secretary to
report to the Committees on Appropriations within 15 days of
enactment of this Act on the actions taken to comply with this
requirement.
Language is included in the bill placing a limitation on
the number of GS-14 and GS-15 positions at the Department as
proposed by the House. The Senate did not include similar
language.
The conferees reiterate the direction included in the
Senate report regarding the limitation on non-career employees.
WORKING CAPITAL FUND
Appropriates $276,300,000 for the Working Capital Fund as
proposed by the House instead of $276,737,000 as proposed by
the Senate. In addition, the conference agreement includes an
additional $75,100,000 by transfer from various accounts to
support program-specific information technology systems as
proposed by the House and Senate.
Language is included prohibiting funds made available to
the Department from being used to award a new contract for the
HUD Information Technology Services project until after
submission of a comprehensive five-year plan in accordance with
the direction included in this joint statement of the managers.
The Department is directed to submit a comprehensive five-year
plan that meets all the requirements and direction included in
the House report. The Senate did not include similar language.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
Appropriates $97,499,000 for the Office of Inspector
General instead of $96,684,000 as proposed by the House and
$97,684,000 as proposed by the Senate. Of this amount,
$23,343,000 is provided by transfer from the various funds of
the Federal Housing Administration as proposed by the House and
the Senate.
In lieu of the direction included in the Senate report,
at least $5,000,000 is to be targeted to anti-predatory lending
and anti-flipping activities.
CONSOLIDATED FEE FUND
(RESCISSION)
Includes a rescission of $8,000,000 from the Fund as
proposed by the Senate. The House proposed similar language but
did not designate a specific dollar amount.
Office of Federal Housing Enterprise Oversight
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriates $30,000,000 for the Office of Federal
Housing Enterprise Oversight (OFHEO) to be derived from
collections available in the Federal Housing Enterprise
Oversight Fund as proposed by the House and the Senate.
The conferees agree that OFHEO must have the necessary
staff in order to fully meet its regulatory mission. However,
previous staffing plans submitted by OFHEO have often lacked
the necessary level of detail required by the Committees on
Appropriations to accurately assess the staffing and funding
needs of the agency. The conferees expect OFHEO to provide a
detailed report to the Committees on Appropriations no later
than August 15, 2003, detailing its current staffing levels and
corresponding responsibilities, as well as whether additional
staff is required to fully meet its regulatory mission.
Administrative Provisions
Does not include language to amend section 683(2) of the
Housing and Community Development Act of 1972 to authorize
service coordinators in section 811 projects as proposed by the
Senate. The House did not include similar language.
Does not include language to amend section 9 of the
United States Housing Act of 1937 to authorize a new loan-
financing program for public housing authorities as proposed by
the Senate. The House did not include similar language.
Includes language permanently prohibiting assistance for
housing units defined under section 9(n) of the United States
Housing Act of 1937 as proposed by the Senate. The House did
not include similar language.
Includes language setting forth the reprogramming
requirements for funds provided to the Department as proposed
by the House. The Senate proposed similar language.
Includes modified language, similar to language proposed
by the House, requiring the Department to submit a spending
plan for the use of technical assistance, training, and
management improvement funds provided for in this Act to the
Committees on Appropriations by March 15, 2003. The Senate did
not include similar language.
Includes language repealing section 9(n)(1) of the United
States Housing Act of 1937 and section 226 of the Departments
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 as proposed by
the Senate. The House did not include similar language.
Includes modified language, similar to language proposed
by the Senate, requiring the Secretary to maintain section 8
assistance on certain properties occupied by elderly or
disabled families. The House did not include similar language.
Does not include language to amend section 8(o) of the
United States Housing Act of 1937 to authorize a welfare-to-
work voucher program as proposed by the Senate. The House did
not include similar language.
Includes language exempting the States of Alaska, Iowa,
and Mississippi from the statutory requirement of having a
resident on the board of a public housing authority and
requires in lieu thereof the establishment of advisory boards
which include public housing residents and section 8 recipients
as proposed by the Senate. The House did not include a similar
provision. While the conferees have again included this
exemption, the conferees expect the States to take the
appropriate actions necessary to address this issue, rather
than continuing to rely on a waiver of this statutory
requirement.
Does not include language requiring the Director of the
Office of Management and Budget and the Secretary to identify
five-year cost projections for contract rental renewals for
various HUD programs as proposed by the Senate. The House did
not include similar language. The conferees understand that the
Department's fiscal year 2004 budget submission includes such
information. The Department is expected to continue to provide
such information in subsequent fiscal year budget submissions
without the need for the conferees to continue this direction
in future appropriations Acts.
Includes language to amend section 24 of the United
States Housing Act of 1937 to extend the authorization of the
HOPE VI program for two years as proposed by the Senate. The
House did not include similar language.
Does not include language prohibiting permanently the
Secretary from waiving section 8 income eligibility
restrictions as proposed by the Senate. The House did not
include similar language.
Includes modified language, similar to language proposed
by the Senate, requiring the Secretary to provide quarterly
reports to the Committees on Appropriations regarding all
uncommitted, unobligated and excess funds in each departmental
program and activity, and to provide additional updated
information upon request. The House did not include similar
language.
Does not include language amending 12 U.S.C. 1715z-11a to
allow the FHA multifamily insurance fund to be used for grants
and loans for rehabilitation of certain non-FHA-insured
properties as proposed by the Senate. The House did not include
similar language.
Includes modified language, similar to language proposed
by the Senate, requiring the Secretary to submit an annual
report to the Committees on Appropriations regarding the number
of Federally-assisted units under lease and the per-unit costs
of such units. The House did not include similar language. The
conferees expect such report to include all units funded under
the Housing Certificate Fund and should provide the most
updated information practicable.
Includes language waiving certain first-time homebuyer
requirements to allow the use of a HOPE III grant in the East
Baltimore, Maryland community as proposed by the Senate. The
House did not include similar language.
Does not include language waiving the statutory
environmental review requirements for a community development
block grant made to Benton County, Iowa as proposed by the
Senate. The House did not include similar language.
Includes new language providing the Secretary flexibility
in applying the across-the-board rescission to funds made
available in the Housing Certificate Fund.
TITLE III
INDEPENDENT AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
Appropriates $35,246,000 for salaries and expenses as
proposed by the House instead of $30,400,000 as proposed by the
Senate.
The conferees have provided an additional $846,000 above
the budget request to provide salaries and benefits for up to
20 additional full time equivalent personnel where manpower
needs are evident throughout the ABMC system because of
reductions in the work week mandated by a foreign government.
In addition, $4,000,000 has been provided for additional
planning and construction costs associated with a new visitors
center at the Normandy American Cemetery and Memorial near St.
Laurent-sur-Mer, France. In this regard, the conferees agree
that because the ABMC has begun initial planning of the project
and may soon move to design and other pre-construction
activities, a restriction on the use of funds for this project
contained in the fiscal year 2002 appropriations legislation is
withdrawn.
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
Provides a total funding level of $7,850,000 as proposed
by the Senate instead of $6,500,000 as proposed by the House.
Of this amount $1,400,000 is derived from fiscal year 2002
unobligated balances. The conferees have provided $500,000 of
the amount appropriated in fiscal year 2003 to be available
through fiscal year 2004 as proposed by the Senate instead of
$2,500,000 as proposed by the House. The conferees have
included bill language again this fiscal year which limits the
number of career Senior Executive Service positions to three.
The conferees reiterate the House position regarding
reprogrammings for the Board and that the use of carryover
funds is subject to these same requirements.
Department of the Treasury
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
PROGRAM ACCOUNT
Appropriates $75,000,000 for the Community Development
Financial Institutions Fund instead of $80,000,000 as proposed
by the House and $73,000,000 as proposed by the Senate.
Includes $5,000,000 for technical assistance designed to
benefit Native American communities as proposed by the Senate
instead of $2,000,000 as proposed by the House.
Provides $10,750,000 for administrative expenses as
proposed by the Senate instead of $11,050,000 as proposed by
the House.
Provides for a limitation on the amount of direct loans
of $11,000,000 as proposed by both the House and Senate.
Consumer Product Safety Commission
SALARIES AND EXPENSES
Appropriates $57,000,000 for the Consumer Product Safety
Commission, salaries and expenses, instead of $57,117,000 as
proposed by the House and $56,767,000 as proposed by the
Senate.
Corporation for National and Community Service
NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
Appropriates $429,000,000 for national and community
service programs operating expenses instead of $405,842,000 as
proposed by the Senate. The House provided authority for prior
year funds to be used to terminate the Corporation and did not
include any other provisions under this account.
Limits the fiscal year 2003 AmeriCorps enrollment to no
more than 50,000 new members who incur obligations from the
National Service Trust as proposed by the Senate. The conferees
were dismayed to learn of the gross financial mismanagement of
the Trust Fund and over-commitments made to various
organizations without the financial resources to support those
obligations, especially after years of providing funds for and
directing the Corporation to strengthen grant management
systems and financial controls. While the current leadership of
the Corporation is to be commended for bringing these issues to
light, the conferees maintain that the Corporation needs time
to resolve the financial weakness and oversight issues within
the organization before the program can grow. To that end, the
conferees have approached fiscal year 2003 funding for the
Corporation with two guiding principles: (1) stabilization of
the Corporation's programs and resources; and (2) maintenance
of commitments to graduates of the Corporation's programs.
Limits administrative expenses to not more than
$32,500,000, of which not more than $2,500 is for reception and
representation expenses as proposed by the Senate. The
conferees direct $18,000,000 for program administration,
$12,000,000 for Governor-appointed State Commissions on
National and Community Service, and $2,500,000 for the Office
of the Chief Financial Officer to enact financial reform in the
Corporation.
Limits $100,000,000, instead of $15,000,000 as proposed
by the Senate, to be transferred to the National Service Trust,
of which up to $5,000,000 shall be available for national
service scholarships for high school students. The conferees
did not provide funds for the Senior Service Initiative. The
conferees amend the quarterly reporting requirement as proposed
by the House and Senate regarding expenditures under the Trust
to include an additional reporting requirement of enrollment
data on the authorized and actual number of AmeriCorps members
to be submitted by March 31, 2003. The conferees further direct
the Corporation to ensure immediately that funds are available
to pay the education awards earned by program graduates before
any new members are enrolled in the Trust.
Limits $275,000,000 for subtitle C grants under the
National Service Trust of which not more than $50,000,000 may
be for national direct programs, and $100,000,000 is
transferred to the National Service Trust. Grants are to be
made according to peer review panel recommendations. The Senate
proposed limiting the subtitle C grants to $240,492,000 of
which not more than $47,000,000 could be used for national
service programs. This funding level provided will support
50,000 new volunteers enrolled in the Trust in fiscal year
2003. The conferees direct the continuation of two programs
areas to be funded in fiscal year 2003 at a level proportionate
to last year considering the funding provided in fiscal year
2003: (1) programs designed to help children read by third
grade, and (2) programs which provide information technology
skills to students and teachers in low-income communities.
Provides $10,000,000 to the Points of Light Foundation,
of which up to $2,500,000 may be used for an endowment as
proposed by the Senate.
Prohibits the use of funds for national service programs
run by other agencies and directs the Corporation to reduce the
Federal cost per participant as proposed by the Senate.
Limits funding for the National Civilian Community Corps
to $25,000,000 as proposed by the Senate. The conferees reduced
the funding level from the budget request without prejudice.
Limits funding for subtitle B grants for school-based and
community-based service learning programs to $43,000,000 as
proposed by the Senate.
Limits funding for subtitle H grants, innovation,
demonstration and assistance activities, to $35,500,000 instead
of $29,850,000 as proposed by the Senate. The conferees have
provided $500,000 for Martin Luther King Jr. Day grants,
$100,000 for the Fellowship program, $8,000,000 for training
and technical assistance, $6,000,000 for education award
grants, $5,000,000 for Promise Fellows, and $5,900,000 for
disability programs. Further, the conferees have provided
$4,000,000 for grants to encourage the next generation of
national service organizations as proposed by the Senate. The
conferees have not provided the full funding request for
recruitment activities since most of the fiscal year 2003
positions are filled, nor have the conferees provided funds for
any innovation or demonstration program utilizing vouchers. The
conferees do not recommend the request to transfer Education
Awards and Promise Fellows programs from Innovation Activities
to AmeriCorps Grants.
Provides $6,000,000 for challenge grants under subtitle H
as proposed by the Senate. The conferees amend the criteria for
challenge grants by requiring a 2-to-1 private to Federal
dollar matching requirement for grant recipients and limiting
the grants to one year in duration.
Provides $5,000,000 for America's Promise as proposed by
the Senate. The conferees amend the reporting requirement
proposed regarding funding and performance with a new reporting
date of March 31, 2003.
Limits funding for audits and evaluations to $3,000,000,
instead of $5,000,000 as proposed by the Senate. The conferees
did not provide funding for the proposed research-based
institute in partnership with a university or non-profit
organization.
Rescinds $48,000,000 from prior year unobligated balances
identified within funds appropriated between fiscal year 1998
and fiscal year 2002 across all grant programs. None of the
rescission is derived from the National Service Trust.
The conferees remind the Corporation of the reporting and
reprogramming requirements set forth at the beginning of this
division. Various reporting requirements listed in both the
House report and the Senate record must be fulfilled with the
submission of the fiscal year 2003 operating plan unless
otherwise noted. Further, the conferees direct the Corporation
to provide better, detailed information in the budgetrequest
regarding planned and on-going activities, the costs of those
activities, and the expected results.
The conferees reiterate the directive to the Corporation
to establish performance measures for each grantee, require
each grantee to submit a correction plan should the grantee not
meet the agreed-upon measures, and reduce or terminate any
award where, after due process, the grantee does not meet the
performance plan.
OFFICE OF INSPECTOR GENERAL
Appropriates $6,000,000 for Office of Inspector General
instead of $5,000,000 as proposed by the House and $6,900,000
as proposed by the Senate.
ADMINISTRATIVE PROVISIONS
Retains the administrative provisions proposed by the
Senate regarding qualified student loans eligible for education
awards and the availability of funds for the placement of
volunteers with disabilities. The House included a similar
provision regarding qualified student loans, but with technical
differences.
U.S. Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
Appropriates $14,326,000 for salaries and expenses as
proposed by the House instead of $14,612,000 as proposed by the
Senate.
The conferees believe all federal employees should be
safe in their work environments. The General Services
Administration (GSA) is responsible for providing security for
the Federal tenants of privately owned buildings. The conferees
strongly urge the Court, together with the other tenants of the
building, to work with GSA, in consultation with the Department
of Homeland Security, on a security plan acceptable to all
tenants, the community and the owner. The cost of the plan
should be borne equally by all tenants.
The conferees remind the Court of its obligation to
comply with the reprogramming requirements set forth at the
beginning of this division and direct the Court to submit an
operating plan to the Committees on Appropriations of both the
House and Senate 60 days after enactment of this Act.
Department of Defense--Civil
Cemeterial Expenses, Army
SALARIES AND EXPENSES
Appropriates $32,445,000 for salaries and expenses as
proposed by the House instead of $24,445,000 as proposed by the
Senate. Additional funds are provided for repairs to the
Memorial Amphitheater and accelerated development of section
90.
Department of Health and Human Services
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
Appropriates $84,074,000 for the National Institute of
Environmental Health Sciences as proposed by the House instead
of $76,074,000 as proposed by the Senate. Of the appropriated
amount, $48,936,000 is for research and $27,138,000 is for
worker training activities as proposed in the budget
submission.
In addition, the conferees have provided $8,000,000,
split equally between research and worker training, for NIEHS
activities related to the terrorist attacks of September 11,
2001 which had been appropriated in a Supplemental
Appropriations Act but not requested by the Administration as a
contingent emergency.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
Appropriates $82,800,000 for toxic substances and
environmental public health instead of $88,688,000 as proposed
by the House and $81,000,000 as proposed by the Senate. Of the
amount provided, $1,800,000 is intended to reimburse ATSDR for
direct and indirect costs of the Agency related to the events
of September 11, 2001.
Bill language has again this year been included which
permits the Administrator of the Agency for Toxic Substances
and Disease Registry (ATSDR) to conduct other appropriate
health studies and evaluations or activities in lieu of health
assessments pursuant to section 104(i)(6) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, as amended (CERCLA). The language further stipulates that
in the conduct of such other health assessments, evaluations or
activities, the ATSDR shall not be bound by the deadlines
imposed in section 104(i)(6)(A) of CERCLA. Funds provided for
fiscal year 2003 cannot be used by the ATSDR to conduct in
excess of 40 toxicological profiles.
From within the funds provided, the conferees expect
ATSDR to establish a fish consumption advisory pilot program in
the State of Michigan, implement a multi-faceted health study
of polychlorinated biphenyl exposure in Anniston, Alabama, and
monitor and assess the long-term health status of children,
adolescents, and young adults in Herculaneum, Missouri
regarding their exposure to lead.
Finally, the conferees have again agreed to cap
administrative costs charged by the CDC at 7.5 percent of the
amount appropriated herein for the ATSDR.
Environmental Protection Agency
SCIENCE AND TECHNOLOGY
Appropriates $720,261,000 for science and technology
instead of $714,578,000 as proposed by the House and
$707,203,000 as proposed by the Senate. The conferees have
included language similar to that proposed by the House giving
EPA the ability to contract for the temporary or intermittent
services of students or recent graduates. The language, with
technical differences, is similar to language adopted in Public
Law 106-113 to provide such authority to the United States
Geological Survey.
The conferees have agreed to the following increases
above the budget request:
1. $2,500,000 for EPSCoR;
2. $4,000,000 for the Water Environmental Research
Foundation;
3. $5,000,000 for the American Water Works Association
Research Foundation;
4. $2,000,000 for the National Decentralized Water
Resource Capacity Development Project, in coordination with
EPA, for continued training and research and development
program;
5. $9,750,000 for the STAR Fellowship program;
6. $1,000,000 for the American Water Works Association as
a one-time grant to assist AWWA in its drinking water security
training activities;
7. $5,000,000 for small system arsenic removal research,
for a total of $11,800,000 in fiscal year 2003. The conferees
strongly encourage EPA to utilize a significant portion of this
funding to carry out demonstrations of implementation of low-
cost treatment technology and directs the Agency to report to
the Committees on Appropriations by August 15, 2003, on its
plans to carry out such demonstrations;
8. $900,000 for the University of South Alabama, Center
for Estuarine Research;
9. $450,000 for the city of San Bernardino, California/
San Bernardino Valley Metropolitan Water District for the Lakes
and Streams project;
10. $675,000 to the University of California, Riverside
for continued research of advanced vehicle design, advanced
transportation systems, vehicle emissions, and atmospheric
pollution at the CE-CERT facility;
11. $450,000 to the Monterey County, California Water
Resources Association for planning activities for the Salinas
Valley Water Project;
12. $1,800,000 for the International Center for Water
Technology at California State University, Fresno;
13. $900,000 for the Central California Air Quality Study
conducted by the Central California Air Quality Coalition;
14. $720,000 to Barry University for minority science
training;
15. $900,000 to the University of Miami in Florida for
the Rosenstiel School of Marine and Atmospheric Science for
continued research into coral reefs;
16. $270,000 to Florida International University to
utilize non-destructive techniques to characterize and develop
contamination strategies;
17. $225,000 for ongoing research and development of
multipurpose sensors for detecting and analyzing environmental
contaminants at Boise State University, the University of Idaho
and the University of Utah;
18. $450,000 to the Illinois Waste Management and
Research Center through the University of Illinois at Urbana/
Champaign for implementation of a program to increase the
adoption of innovative pollution prevention technologies by
businesses;
19. $180,000 for the Geothermal Heat Pump Consortium;
20. $450,000 for the National Center for Manufacturing
Sciences in Ann Arbor, Michigan for assisting EPA in meeting
the Strategic Goals Program in the metal finishing sector;
21. $450,000 for the Michigan Biotechnology Institute for
development and demonstration of environmental cleanup
technologies;
22. $450,000 for the Great Lakes Hydrological Center of
Excellence at Western Michigan University;
23. $180,000 to Montana State University Bozeman to
develop a Water Center Drinking Water Assistance Program for
Small Systems;
24. $225,000 to the Desert Research Institute for Clean
Water Research of the Western Great Basin Rivers;
25. $6,885,000 for the Environmental Systems Center of
Excellence at Syracuse University for research and technology
transfer in the fields of indoor environmental quality and
urban ecosystems sustainability;
26. $180,000 to the State University of New York, College
of Environmental Sciences and Forestry for research and
outreach at the Roosevelt Sustainability Center;
27. $450,000 to the Syracuse Research Corporation in
Syracuse, New York, a not-for-profit corporation, for the
continuation of environmental research at its Probability Risk
Assessment Center;
28. $900,000 for the Integrated Petroleum Environmental
Consortium;
29. $450,000 for the University of South Carolina for a
geologic study for uranium groundwater contamination;
30. $1,800,000 for the Mickey Leland National Urban Air
Toxics Research Center;
31. $450,000 for the Texas Institute for Applied
Environmental Research at Tarleton State University;
32. $450,000 for the Texas Institute for Environmental
Assessment and Management at the University of North Texas,
Denton, Texas;
33. $873,000 for the Canaan Valley Institute in close
coordination with the Regional Vulnerability and Assessment
(ReVA) initiative to develop research and educational tools
using integrative technologies to predict future environmental
risks and support informed, proactive decision-making to be
undertaken in conjunction with the Highlands action program;
34. $450,000 for the Dauphin Island Sea Lab, Dauphin
Island, Alabama, for coastal ecosystem research;
35. $630,000 for the Center for the Conservation of
Biological Resources at Black Hills State University, South
Dakota;
36. $675,000 for Clean Air Counts of Northeastern
Illinois to develop an innovative and cost effective method to
reduce smog-causing emissions in the Chicago metropolitan
region. The funding will provide support for an ongoing
partnership involving EPA, the Metropolitan Mayors Caucus,
Illinois EPA, and the Delta Institute;
37. $720,000 for the Contra Costa Water District,
California, for applied research studies related to the water
quality and water treatment challenges facing Bay Delta water
users;
38. $720,000 for Lake Superior State University for
education and research on aquatic biota and their associated
habitats;
39. $675,000 for the Louisiana Environmental Research
Center at McNeese State University for research into wetland
ecology and the environmental effects of oil spills;
40. $270,000 for the Foundation for Advancements in
Science and Education in Vermont for a pesticides recording
project;
41. $675,000 for the Southwest Clean Air Quality Agency's
Columbia Gorge Air Quality Technical Foundation Study;
42. $450,000 for the Center for the Study of Metals in
the Environment;
43. $1,080,000 for the Center for Air Toxic Metals at the
Energy and Environmental Research Center;
44. $90,000 for the University of Vermont's Proctor Maple
Research Center to continue mercury deposition monitoring
effects;
45. $315,000 for acid rain research at the University of
Vermont;
46. $450,000 for the City of Glendale, California for
research and development of technology for the removal of
Chromium 6 from water;
47. $450,000 for the Consortium for Plant Biotechnology
Research;
48. $900,000 for the National Environmental Respiratory
Center at the Lovelace Respiratory Research Institute;
49. $3,510,000 for the Mine Waste Technology Program at
the National Environmental Waste Technology, Testing, and
Evaluation Center;
50. $1,350,000 for the Connecticut River Airshed-
Watershed Consortium;
51. $630,000 for the Mid-America Regional Council to
apply urban agroforestry technologies to meet community green
infrastructure needs;
52. $900,000 for the Environmental Lung Center at the
National Jewish Medical and Research Center; and
53. $1,800,000 for air quality program for Fairbanks
North Star Borough, Alaska.
The conference agreement provides $8,000,000 for the
National Environmental Technology Competition, a decrease of
$1,750,000 from the budget request. In this regard, the Agency
is directed to report by August 1, 2003 on its efforts to
develop a ``one stop shop'' office to coordinate similar
programs which foster private and public sector development of
new, cost-effective environmental technologies.
The conference agreement includes a general reduction to
this account of $16,100,000.
The conferees continue to support the partnership between
the EPA and the National Technology Transfer Center and direct
that the Agency continue the cooperative agreement at the
fiscal year 2001 funding level. Additionally, the conferees
have provided $850,000 from within available funds for the
Agency to contract with the National Academy of Sciences for an
evaluation of the Coeur D'Alene Basin, Idaho Superfund site in
a manner consistent with the reports of the House and Senate
accompanying this Act.
From within amounts transferred to ``Science and
Technology'' from ``Hazardous Substance Superfund'', the
conferees direct that funding for the Gulf Coast Hazardous
Substance Research Center continue at no less than the fiscal
year 2002 level. Also from within these transferred amounts,
the Agency is directed to provide no less than $8,000,000 for
continuation of the SITE program.
The conferees agree that the drinking water security
report requested by the Senate shall be provided no later than
June 30, 2003.
Finally, the conference agreement modifies a provision
included in the Report accompanying the Senate bill requiring
EPA to study the procedures used by the States in setting
individual State emission standards. The conferees direct that
the Agency, rather than conduct such a study with its own
personnel, contract with the National Academy of Sciences to
conduct the review and submit a report to the Committees on
Appropriations of its findings not later than February 15,
2004. The conferees have provided $750,000 from within
available funds in support of this contract.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
Appropriates $2,111,604,000 for environmental programs
and management instead of $2,111,677,000 as proposed by the
House and $2,136,569,000 as proposed by the Senate. The
conferees have included language as proposed by the House which
requires the Administrator to certify grant amendment numbers
C-340461-02 and C-340461-03.
The conferees have agreed to specific Agency program
levels as follows:
1. $22,651,000 for the Chesapeake Bay Program, an
increase of $2,000,000 above the budget request for small
watershed grants;
2. $16,000,000 for the Great Lakes National Program
Office, an increase of $872,000 above the request;
3. $24,521,000 for the National Estuary Program, an
increase of $5,275,000 above the budget request;
4. $5,000,000 for the Gulf of Mexico program, an increase
of $673,000 above the budget request;
5. $2,500,000 for the Long Island Sound Program Office,
an increase of $2,023,000 above the budget request;
6. $5,500,000 for Environmental Justice programs, an
increase of $1,421,000 above the budget request;
7. $182,000,000 for the Compliance Assistance, Compliance
Monitoring, and Civil Enforcement programs within the Office of
Enforcement and Compliance Assurance, an increase of
$15,224,000 above the budget request;
8. $2,500,000 for the Lake Champlain Basin Program, an
increase of $1,545,000 above the budget request;
9. $1,000,000 for the Lake Pontchartrain Basin
Restoration Program, an increase of $1,000,000 above the budget
request;
10. $10,000,000 for Capacity Building, an increase of
$489,000 above the fiscal year 2002 funding level;
11. $13,057,000 for Information Integration, an increase
of $7,273,000 above last year's level;
12. $44,500,000 for Legal Services, an increase of
$2,716,000 above the fiscal 2002 level;
13. $14,750,000 for the TRI/Right-to-Know program, an
increase of $549,000 above last year;
14. $27,200,000 for the EPM account's portion of the
Brownfields program, an increase of $24,381,000 above the level
provided in fiscal year 2002; and
15. $33,000,000 for regulatory development, an increase
of $5,588,000 above the fiscal year 2002 funding level.
The conference agreement provides for a general reduction
for the ``Environmental Programs and Management'' account of
$45,001,000. Further, the agreement provides for no reductions
as proposed by the House for the Management Services and
Stewardship and Planning and Resource Management activities,
and provides for no increase in the Energy Star program as
proposed by the Senate.
The conferees have agreed to the following increases to
the budget request:
1. $18,000,000 for rural water technical assistance
activities and groundwater protection with distribution as
follows: $10,000,000 for the NRWA; $4,000,000 for RCAP, to be
divided equally between assistance for water programs and
assistance for wastewater programs; $1,000,000 for GWPC;
$2,000,000 for Small Flows Clearinghouse; and $1,000,000 for
the NETC;
2. $1,000,000 for the National Biosolids Partnership
Program;
3. $2,000,000 for source water protection programs;
4. $5,000,000 for a cost-shared grant program to school
districts for necessary upgrades of their diesel bus fleets;
5. $2,000,000 to the NRWA to assist small water systems
to conduct vulnerability assessments as required in title IV of
the Public Health Security and Bioterrorism Preparedness
Response Act of 2002;
6. $3,000,000 for EPA's National Computing Center to
provide for the remote mirroring of all critical information
and related systems to achieve a Continuance of Operations
(COOP)/Disaster Recovery capability;
7. $4,000,000 for grants to interested States to
establish a long-term ambient monitoring and assessment
framework at relevant geographic scales to support all water
quality management objectives;
8. $450,000 to the University of Arkansas to develop bio-
engineering solutions to watershed management;
9. $450,000 for the San Joaquin River Resource Management
Coalition of California;
10. $225,000 to establish a Santa Ana River Watershed
Research and Training Program at the Water Resources Institute
of California State University, San Bernardino;
11. $225,000 for the San Bernardino Valley Municipal
Water District for research and design (cost evaluation and
environmental studies) of a mitigation project addressing the
city's contaminated high groundwater table and dangers
presented by liquefaction;
12. $270,000 for the Sacramento River Toxic Pollutant
Control Program and Sacramento River Watershed Program;
13. $225,000 to Edward Waters College of Jacksonville,
Florida for research education and training with regard to
community environmental conditions;
14. $1,350,000 for enhanced environmental education,
research and training programs at Florida Gulf Coast
University's Institute for Coastal and Watershed Studies;
15. $270,000 to Miami-Dade County, Florida for lead
screening, testing, outreach, and education in the Liberty City
Neighborhood;
16. $270,000 to Miami-Dade County, Florida to expand the
existing environmental education program;
17. $450,000 to the Georgia Environmental Training and
Education Authority for a lagoon waste management demonstration
project;
18. $900,000 to the Columbus Water Works, Columbus,
Georgia for an Advanced Biosolids Flow-Through Thermophilic
Treatment Process demonstration project;
19. $180,000 to Cerro Gordo County, Iowa for
environmental planning related to the Ventura Marsh initiative
and overall water quality assessment in connection with the
Clear Lake, Iowa Restoration Project;
20. $270,000 to the Friends of the Teton River, Inc. for
the Upper Teton Watershed project;
21. $675,000 to the Illinois Environmental Protection
Agency for the Fox River Watershed Management Program;
22. $450,000 to Purdue University in Indiana for the
Contaminant Remediation Optimization Program (CROP);
23. $180,000 for the Equus Beds Water Quality Protection
program in Wichita, Kansas;
24. $450,000 for the Boston Metropolitan Area Planning
Council, in cooperation with the Massachusetts Technology
Collaborative, for a Comprehensive Water Resources Strategy for
the I-495 Corridor of Massachusetts;
25. $270,000 to Caroline County, Maryland for the initial
design and engineering of a regional plan for wastewater needs;
26. $157,500 for the Hypoxia Education and Stewardship
Project in Kansas City, Missouri;
27. $225,000 for continuation of the Mecklenburg County,
North Carolina Surface Water Improvement Management Initiative;
28. $765,000 for continued activities of the North
Carolina Central University research initiative;
29. $225,000 for Wake County, North Carolina for
planning, environmental analysis and design of a watershed
management plan;
30. $225,000 to Rowan University in Glassboro, New Jersey
for the Environmental Community Revitalization and Research
Initiative;
31. $900,000 to continue the sediment decontamination
technology demonstration in the New York-New Jersey Harbor;
32. $450,000 to the Tompkins County, New York Soil and
Water Conservation District for the Cayuga Lake Watershed
Protection Project;
33. $450,000 for the Alfred University Center for
Environmental and Energy Research;
34. $135,000 to the Town of North Salem, New York for the
Peach Lake pollution study;
35. $675,000 to Columbia University in New York City, New
York for education, training and equipment related to ongoing
biomedical research on environmentally induced cancers and
immunological responses, at the Audubon Biomedical Science and
Technology Park;
36. $900,000 for the Water Systems Council Wellcare
TM Program;
37. $225,000 to the Rochester Institute of Technology
(RIT) for the National Materials Recovery and Recycling Center
of Excellence;
38. $1,350,000 for continued work on water management
plans for the Central New York watersheds in Onondaga and
Cayuga counties;
39. $675,000 to Cortland County, New York for continued
work on the aquifer protection plan, of which $150,000 is for
continued implementation of the comprehensive water quality
management program in the Upper Susquehanna Watershed;
40. $90,000 for a Water Consortium Feasibility Study in
Oklahoma with Washington County Water District #3, Rogers
County Rural Water District #3, the City of Collinsville, and
the City of Owasso;
41. $450,000 to Rural Enterprises of Oklahoma, Inc., a
non-profit organization, for demonstration projects which
include research, education and training activities related to
the development of environmentally beneficial vermicomposting
processes;
42. $450,000 for the City of Philadelphia, Pennsylvania's
Department of Health in consultation with the Philadelphia
Citizens for Children and Youth for lead screening, testing,
outreach, and education throughout the City;
43. $1,800,000 to the American Cities Foundation of
Philadelphia, Pennsylvania in consultation with the
Philadelphia Commercial Development Corporation for the
Neighborhood Environmental Action Team (N.E.A.T.) Philadelphia
program;
44. $450,000 for the Texas Agricultural Experiment
Station in Tarrant County, Texas for research of water supplies
and development of an integrated watershed protection plan;
45. $315,000 to the Brazos River Authority of College
Station, Texas for the Brazos/Navasota Watershed Management
Project;
46. $180,000 to the Tri-State Water Council for the Clark
Fork-Pend Oreille Tri-State Water Quality Study;
47. $1,467,000 for on-going activities at the Canaan
Valley Institute, including activities relating to community
sustainability;
48. $1,530,000 for the Canaan Valley Institute to
continue to develop a regional sustainability support center
and coordinated information system in the Mid-Atlantic
Highlands;
49. $810,000 to the Polymer Alliance Zone's MARCEE
initiative;
50. $270,000 to the West Virginia High Technology
Consortium Foundation, Inc. (WVHTCF) for research to
demonstrate the capture and utilization of CO2 and
CH4 at the Meadowfill Landfill near Bridgeport, West
Virginia;
51. $405,000 to the Fayette County Commission of West
Virginia for a wastewater treatment engineering study to
address water quality concerns in the New River Gorge National
River;
52. $5,000,000 for America's Clean Water Foundation for
implementation of on-farm environmental assessments for
livestock operations;
53. $225,000 for the Maryland Bureau of Mines for an acid
mine drainage remediation project;
54. $900,000 for projects demonstrating the benefits of
Low Impact Development along the Anacostia Watershed in Prince
Georges County, Maryland;
55. $45,000 for the Northwest Straits Commission;
56. $630,000 for the Northwest Indian Fisheries
Commission with distribution as follows: $144,000 to the
Northwest Indian Fisheries Commission for coordination and
$486,000 to be divided among the 26 participating tribes to
implement this tribal initiative by integrating state, Federal,
tribal and local governmental efforts to develop common water
quality protection goals and reduce jurisdictional barriers;
57. $180,000 for the Columbia Basin Groundwater Area
Management Study;
58. $450,000 for the Gateway Cities Council of
Governments, California, pilot program to reduce diesel
emissions;
59. $225,000 for the Illinois Department of Agriculture's
Council on Best Management Practices initiative to reduce
nitrate contamination in drinking water;
60. $225,000 for the CropLife Foundation North Carolina
environmental stewardship project;
61. $450,000 for the Center for Agricultural and Rural
Development at Iowa State University for the Resource and
Agricultural Policy Systems program;
62. $450,000 for the Small Business Pollution Prevention
Center at the University of Northern Iowa;
63. $675,000 for the painting and coating assistance
initiative through the University of Northern Iowa;
64. $90,000 for the American Farmland Trust Center for
Agriculture in the Environment for sustainable agriculture in
Hawaii and the American Pacific;
65. $450,000 for the Economic Development Alliance of
Hawaii to promote biotechnology to reduce pesticide use in
tropical and subtropical agricultural production;
66. $225,000 for the County of Hawaii and the Hawaii
Island Economic Development Board to establish and implement a
community development model for renewable resource management
by upgrading solid waste transfer stations into community
recycling centers;
67. $225,000 for a storm water research initiative at the
University of Vermont;
68. $180,000 for the Vermont small business compliance
assistance project conducted by the Vermont Small Business
Development Center;
69. $144,000 for the Great Lakes Fish and Wildlife
Commission Crandon Mine analysis;
70. $450,000 for the Sand County Foundation in Wisconsin
for an incentive program to promote the reduction of nitrogen
discharge in the Upper Mississippi River Basin;
71. $225,000 for Livingston Parish, Louisiana, for a
water and wastewater infrastructure feasibility study;
72. $225,000 for the Vermont Department of Agriculture to
work with conservation districts and local communities to
reduce non-point source run-off in the Potash Brook watershed;
73. $225,000 for the Nevada Department of Environmental
Protection to work with California water officials to address
Lake Tahoe water quality issues;
74. $225,000 for the University of Nevada, Reno to
conduct water testing and related studies of the arsenic
problem and its impact in Fallon, Nevada;
75. $45,000 for the Tioga County Department of Economic
Development and Planning, New York, for the Owego
infrastructure master plan;
76. $180,000 for design, engineering, and planning
activities related to the pollution prevention of Wreck Pond
and nearby beaches in Spring Lake, New Jersey;
77. $135,000 for the New Jersey EnvironMentors project;
78. $315,000 for planning and engineering studies for the
Storm Lake, Iowa, cleanup project;
79. $225,000 for the University of West Florida
P.E.R.C.H. (Partnership for Environmental and Community Health)
research project;
80. $180,000 for the Northeast Waste Management Officials
Association to continue solid waste, hazardous waste, cleanup,
and pollution prevention programs;
81. $180,000 for the Northeast States for Coordinated Air
Use Management (NESCAUM);
82. $2,250,000 for the National Alternative Fuels
Training Consortium;
83. $1,350,000 for the Ecological and Water Resources
Assessment Project;
84. $450,000 for the Valley Water Mill Watershed
Education and Demonstration Center in Missouri;
85. $180,000 for the Sutherlin, Oregon Water Control
District's Watershed Assessment Project;
86. $450,000 for the Kenai River Center in Kenai, Alaska;
87. $1,800,000 for Region 10 environmental compliance
activities in Alaska;
88. $1,800,000 for the Coeur d'Alene Basin Commission to
continue a pilot program for environmental response, natural
resource restoration and related activities;
89. $1,350,000 for ORSANCO for the Ohio River Pollution
Reduction Program;
90. $450,000 for the University of Southern Maine for
environmental education activities;
91. $1,350,000 for the University of Louisville for the
Stream Restoration Institute;
92. $2,250,000 for the Southwest Center for Environmental
Research and Policy;
93. $3,600,000 for the Small Public Water System
Technology Centers at Western Kentucky University, the
University of New Hampshire, the University of Alaska-Sitka,
Pennsylvania State University, the University of Missouri-
Columbia, Montana State University, the University of Illinois,
and Mississippi State University;
94. $900,000 to complete the full feasibility study/
environmental impact statement for the Medford, Oregon,
effluent reuse project; and
95. $900,000 for the Alabama Department of Environmental
Management for the Alabama Water and Wastewater Training
Program.
The conference agreement provides $9,160,000 from within
available funds for the continuing operation of the
Environmental Education programs. In this regard, the Agency is
directed to proportionately distribute funds for the
Environmental Education programs in a manner consistent with
the provisions of the National Environmental Education Act.
The conferees have, within available funds, provided the
fiscal year 2002 level for the eight Environmental Finance
Centers. Also within available funds, the Agency is directed to
provide $350,000 for maintenance and updating of the Cumulative
and Aggregate Risk Evaluation System software package; $250,000
to continue development of BASINS models, GIS mapping,
integration with other financial and planning tools, and
incorporation of cost-effectiveness considerations into
integrated priority ranking systems; and $200,000 for setting
standards and to increase public and government awareness of
the benefits of ambient temperature glass technology.
The Agency's budget submission for fiscal year 2003
called for a significant reduction in work conducted through
the Climate Protection/Transportation program. So that work
conducted under this program can be phased in a more
appropriate manner, the conferees direct EPA to provide no less
than $5,000,000 from within available funds for work of the
FEV/Clean Automotive Technology program on advanced hydraulic
hybrid vehicles, extremely clean diesel technologies, and
advanced gasoline engine concepts.
The conferees expect EPA to establish and implement a
Highlands Action Program (HAP) in partnership with Canaan
Valley Institute (CVI) to take action on the problems
identified in the follow-up Mid-Atlantic Highlands report that
Congress directed the EPA to prepare in the fiscal year 2002
House and Conference Reports. The HAP should, among other
things, use environmental indicators, strong science, and
partnerships to identify the causes of those problems; develop
solutions and management actions to resolve the identified
problems; and develop a management plan that includes states,
non-governmental organizations, local communities and the
private sector. The Agency is expected to periodically assess
the status of the HAP and report back to Congress on the
findings and the successes of the program.
The Agency is directed to submit as part of the fiscal
year 2003 Operations Plan a resource plan detailing the number
of pesticide tolerance reassessments and re-registrations
required under FQPA, the number and kind of such activities
completed since 1996, the status of the remaining activities,
including the projected number to be completed year-to-year
under FQPA, and the level of resources needed to meet these
requirements. Similarly, the Agency is expected to include in
its fiscal year 2003 Operations Plan a report of its actions
and accomplishments towards restoring personnel in its civil
enforcement program, as well as a report of the Agency's plan
towards aggressively filling and retaining FTE vacancies within
OECA.
Last year, the Agency was asked by the House of
Representatives' Chairman of the Appropriations Subcommittee on
Veterans Affairs, Housing and Urban Development, and
Independent Agencies to undertake an agreement with the
National Academy of Sciences (NAS) to review the current draft
Dioxin Reassessment. Among other things, the review was
intended to address the toxicological questions associated with
dioxin, including, the scientific evidence for the appropriate
classification of dioxin as to its potential human
carcinogenicity, the validity of the non-threshold linear dose-
response model in light of epidemiological studies and the
corresponding cancer slope factor calculated by the Agency
through use of this model, the scientific evidence supporting
the calculation and use of Toxicity Equivalent Factors, and the
appropriateness of including ``dioxin-like'' chemicals in the
risk assessment without individual empirical review of their
effects.
Concerns raised by other federal agencies, outside
scientists, and EPA's own Science Advisory Board as to the
scientific underpinning of the Reassessment, as well as
questions of consistency with other international assessments
of dioxin and the positions on these taken by other federal
agencies, in large part prompted this request. Because of the
enormous policy implications of this Reassessment, the Agency
in early Fall, 2002, asked for additional time to convene an
Interagency Working Group (IWG) so as to review and address
many of the toxicological questions that have been raised
concerning the dioxin reassessment, including, but not limited
to, the scientific evidence used to classify the
carcinogenicity of dioxin to humans, the Agency's use of a
linear dose-response model to estimate cancer risk levels, the
scientific support for the use of the Toxic Equivalency Factors
for dioxins, and the use of body burden as the appropriate dose
metric.
While the conferees acknowledge the complexity of this
issue, it is unclear as to how much progress has been made by
the IWG. The conferees note that a year has passed since the
Agency was first requested to pursue such a review by the
Academy. In light of this fact and so that no further delay of
this important issue occur, the conferees direct that unless
the IWG has completed its review and issued a report within 60
days of enactment of the Act, the Agency is to contract with
the Academy as quickly as possible thereafter so that the
Academy may undertake a review of the Reassessment as
originally requested. In issuing this direction, it is not the
intention of the conferees to delay the work of the IWG. In
addition, upon completion of the review by the NAS, the Agency
is expected to move expeditiously to review the Academy's
report, make any appropriate changes as necessary in the
Reassessment, and issue a final document.
The conferees are aware that EPA is currently working
with the Maritime Administration (MARAD) to develop an
environmentally acceptable program which will aid MARAD in
meeting its statutory mandate to dispose of obsolete vessels of
the National Defense Reserve Fleet, and encourage EPA to
continue its efforts to find solutions to dispose of these
ships so as to eliminate to the greatest extent possible all
potential environmental hazards.
OFFICE OF INSPECTOR GENERAL
Appropriates $36,000,000 for the Office of Inspector
General instead of $35,325,000 as proposed by the House and
$37,325,000 as proposed by the Senate. In addition to amounts
appropriated directly to the OIG, $12,742,000 is also available
by transfer from funds appropriated for Hazardous Substance
Superfund.
The conferees strongly encourage the Inspector General to
prepare and submit to the Committees on Appropriations of the
House and the Senate at the earliest practical date an audit
management plan and the personnel requirements which will best
enhance the expertise and maximize the efficiencies of the
Office.
BUILDINGS AND FACILITIES
Appropriates $42,918,000 for buildings and facilities as
proposed by the House and the Senate.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
Appropriates $1,272,888,000 for hazardous substance
superfund as proposed by the Senate instead of $1,422,888,000
as proposed by the House. Bill language provides that
$636,444,000 of the appropriated amount is to be derived from
the Superfund Trust Fund and a like amount is to be derived
from General Revenues of the Treasury. Additional language
provides for the transfer of $12,742,000 to the Office of
Inspector General, and for the transfer of $86,168,000 to the
Science and Technology account.
The conferees have agreed to the following fiscal year
2003 funding levels:
1. $856,900,000 for Superfund response and cleanup
activities.
2. $143,600,000 for enforcement activities.
3. $134,600,000 for management and support.
4. $12,742,000 for transfer to the Office of Inspector
General.
5. $86,168,000 for research and development activities,
to be transferred to the Science and Technology account.
6. $38,826,000 for reimbursable interagency activities,
including $28,150,000 for the Department of Justice and
$10,676,000 for OSHA, FEMA, NOAA, the United States Coast
Guard, and for the Department of the Interior.
The conferees remain concerned that a recent Memorandum
of Understanding (MOU) entered into between the EPA and the
Nuclear Regulatory Commission (NRC) does not fully address all
jurisdictional concerns expressed in past years by the
Congress. The Agency is therefore once again directed to
negotiate and enter into an amended MOU which fully addresses
these remaining issues. The Agency is further directed to
report to the Committees on Appropriations by the 28th day of
each month on the progress towards completing this direction.
Once again this year, the conferees support the national
pilot worker training program which recruits and trains young
persons who live near hazardous waste sites or in communities
at risk of exposure to contaminated properties for work in the
environmental field. The conferees direct EPA to continue
funding this effort in cooperation and collaboration with the
National Institute of Environmental Health Sciences.
The conferees are aware of the Agency's ongoing program
to coordinate the clean-up of vermiculite from certain homes in
the Libby, Montana area, and are concerned with reports of both
excessive costs and schedule delays associated with the
program. The Agency should be aware of the long-standing
concerns of the Committees on Appropriations regarding the
judicious use of Superfund dollars by the EPA, and the
conferees caution the Agency to move forward with this program
in a manner which appropriately meets the needs of assistance
for individuals in Libby while remaining fiscally responsible
and containing costs in light of competing national priorities
within the Superfund program.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
Appropriates $72,313,000 for the leaking underground
storage tank program as proposed by the House and the Senate.
OIL SPILL RESPONSE
Appropriates $15,581,000 for oil spill response as
proposed by the House and the Senate.
STATE AND TRIBAL ASSISTANCE GRANTS
Appropriates $3,859,994,000 for state and tribal
assistance grants instead of $3,789,185,000 as proposed by the
House and $3,920,639,000 as proposed by the Senate. Bill
language specifically provides $1,350,000,000 for Clean Water
State Revolving Fund (SRF) capitalization grants, of which up
to $75,000,000 is to be made available for use by States that
choose to make loans, including interest-free loans, that
increase non-point and non-structural, decentralized
alternatives, thus expanding the choices available to
communities in their fight forclean water. The conferees
strongly encourage States that can do so to pursue innovative
technologies in this regard, but emphasize that this program is
voluntary and that States not participating in the program will
nevertheless continue to receive their normal level of funding through
the established SRF formulas.
Additional bill language provides $850,000,000 for Safe
Drinking Water SRF capitalization grants; $50,000,000 for the
United States-Mexico Border program; $43,000,000 for grants to
address drinking water and wastewater infrastructure needs in
rural and native Alaska communities; $3,000,000 for remediation
of above ground leaking fuel tanks in Alaska pursuant to Public
Law 106-554; $8,225,000 for grants for construction of
alternative decentralized wastewater facilities; $90,500,000
for a new Brownfields grant program; $1,150,382,000 for
categorical grants to the states and tribes, including
$50,000,000 for Brownfields categorical grants and $19,999,900
for the Environmental Information Exchange program; and
$314,887,000 for cost-shared grants for construction of water
and wastewater treatment facilities and infrastructure and for
groundwater protection infrastructure.
The conferees have included bill language which, for
fiscal year 2003, authorizes the Administrator of the EPA to
use funds appropriated pursuant to the Federal Water Pollution
Control Act (FWPCA) to make grants to Indian tribes pursuant to
section 319(h) and 518(e) of FWPCA. In addition, bill language
has been adopted which, (1) will permit the states to include
as principal amounts considered to be the cost of administering
SRF loans to eligible borrowers, with certain limitations; (2)
permits the Administrator to reserve up to 1\1/2\ percent of
the funds appropriated for the SRF under title VI of the FWPCA
for grants under section 518(c) of that Act; (3) for fiscal
year 2003, authorizes the states to transfer funds between the
Clean Water and Safe Drinking Water SRF programs; and (4)
stipulates that no funds provided in the Act to address water
infrastructure needs of colonias within the United States along
the United States-Mexico border shall be made available to a
county or municipal government unless that governmental entity
has established an enforceable ordinance or rule which prevents
the development or construction of any additional colonia
areas, or the development within an existing colonia of any new
home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure.
The conferees have included bill language which makes
technical corrections and changes to grants approved in
previous fiscal years. Finally, as in previous years, the
conferees have included bill language which stipulates that
none of the funds provided in this or any previous years' Acts
for the Safe Drinking Water SRF may be reserved by the
Administrator for health effects studies on drinking water
contaminants. The conferees have instead provided significant
resources for such studies within EPA's Science and Technology
account.
Of the funds provided for the United States-Mexico Border
program, $7,000,000 is for continuation of the El Paso, Texas
desalination and water supply project, and $2,000,000 is for
the Brownsville, Texas water supply project.
The conference agreement provides $8,225,000 for six
specific grants under the National Decentralized Wastewater
Demonstration program. The program, which has shown tremendous
success in developing and transferring technologies which offer
alternatives to centralized wastewater treatment facilities,
also requires a cost-share whereby each grantee must provide
25% of the project's total cost. The six projects included for
funding are located in Lowndes County, Alabama ($575,000);
Upper Patuxent River Watershed, Maryland ($1,000,000); West
Philadelphia and Rodale Institute Farm, Pennsylvania
($1,700,000); Upper Rio Grande Valley Colonias, Texas
($900,000); Chittenden County, Vermont Integrated Water
Resource Project ($3,050,000); and Mud River Watershed, Lincoln
County, West Virginia ($1,000,000). As in previous years, these
projects were determined by non-governmental, independent
analysis based upon their unique and diverse geology and
geography, their ability to provide the greatest technological
diversity using limited financial resources, and the commitment
of each community or regional area to find and fund appropriate
alternative technologies to resolve their wastewater treatment
needs.
Within the State and Tribal Categorical Grant program,
the conference agreement includes:
1. $225,000,000 for air resource assistance grants under
sections 103 and 105 of the Clean Air Act, of which $10,000,000
is for the five State/Regional Haze planning organizations;
2. $192,500,000 for section 106 water pollution control
grants;
3. $10,000,000 for the Beach Environmental Assessment and
Coastal Health Act (BEACH) grant program;
4. $240,000,000 for section 319 non-point source
pollution grants;
5. $19,999,900 for the information exchange network grant
program; and
6. $15,000,000 for the new targeted watershed grant
program.
The conferees have not provided funding for the State
Multimedia Enforcement Grant program or for maintenance of the
Homestake Mine in Lead, South Dakota.
The conferees agree that $314,887,000 is provided for
cost-shared grants to communities or other governmental
entities for construction of water and wastewater treatment
facilities and infrastructure and for groundwater protection
infrastructure. Each such grant shall be accompanied by a cost-
share requirement whereby, regardless of the amount provided
herein for each grant, 45 percent of a project's cost is to be
the responsibility of the community or entity consistent with
long-standing guidelines of the Agency. These guidelines also
offer flexibility in the application of the cost-share
requirement for those few circumstances when meeting the 45
percent requirement is not financially possible. The Agency is
commended for its past efforts in working with communities and
other entities to resolve problems in this regard, and it is
expected that this high level of effort and flexibility will
continue throughout fiscal year 2003.
The distribution of funds under this program is as
follows:
1. $1,620,000 for Palmer, Alaska for a water main;
2. $450,000 for Wrangell, Alaska for sewer expansion;
3. $900,000 for the Fairbanks City, Alaska sewer and
storm drain connection;
4. $450,000 for Kodiak, Alaska for water and sewer
upgrades;
5. $1,080,000 for the Anchorage Water and Wastewater
Utility for the development of a water and sewer facility in
Anchorage, Alaska;
6. $900,000 for Wasilla, Alaska for water and sewer
improvements;
7. $180,000 to Attalla, Alabama for sewerage system
improvements;
8. $180,000 to Powell, Alabama for sewerage system
improvements;
9. $90,000 to Lawrence County, Alabama for the Bankhead
Forest Water Project;
10. $90,000 to the Town of Phil Campbell, Alabama for
water system improvements;
11. $900,000 to Fort Payne, Alabama for sewerage system
improvements;
12. $270,000 to Franklin County, Alabama for water
infrastructure improvements;
13. $180,000 to Douglas, Alabama for sewerage system
improvements;
14. $180,000 to Marion County, Alabama for water system
improvements;
15. $90,000 to the Fayette Water Board, Fayette, Alabama
for water security system improvements;
16. $135,000 to the Cullman County Commission, Alabama
for the North Cullman County water systems upgrades;
17. $225,000 to the City of Calera, Alabama for water and
wastewater infrastructure improvements;
18. $225,000 to the City of Alabaster, Alabama for water
and wastewater infrastructure improvements;
19. $1,080,000 to South Alabama Utilities of the town of
Citronelle, Alabama for water infrastructure improvements in
western Mobile County;
20. $450,000 to the Southwest Alabama Regional Water
Authority for water infrastructure improvements;
21. $675,000 to the City of Huntsville, Alabama for water
system improvements;
22. $675,000 to the City of Moulton, Alabama for
wastewater system improvements;
23. $112,500 to the Town of Woodville, Alabama for
wastewater system improvements;
24. $180,000 to the Limestone County, Alabama Water and
Sewer Authority for drinking water improvements;
25. $180,000 to the West Morgan-East Lawrence Water
Authority, Alabama for drinking water improvements;
26. $247,500 to the Town of Littleville, Alabama for
wastewater system improvements;
27. $180,000 to the City of Athens, Alabama for
wastewater system improvements;
28. $315,000 to the City of Montgomery, Alabama for
wastewater infrastructure improvements;
29. $315,000 to the Coosa Valley Water Authority for
water infrastructure improvements in St. Clair County, Alabama;
30. $90,000 for the City of Fulton, Alabama for water
system improvements;
31. $585,000 for the City of Jackson, Alabama for water
infrastructure;
32. $675,000 for the Mobile County Water, Sewer and Fire
Protection Authority, Alabama for water system improvements;
33. $630,000 for the Cities of Daphne, Foley and
Fairhope, Alabama for comprehensive water infrastructure
assessment;
34. $585,000 for Mobile Area Water and Sewer System and
the City of Prichard, Alabama for a combined sewer outflow
project;
35. $90,000 for Mt. Vernon, Alabama for water system
improvements;
36. $90,000 for Summerdale, Alabama for water
infrastructure;
37. $225,000 for the City of Monroeville, Alabama for
water system improvements;
38. $450,000 for Sumiton, Alabama for the Sumiton
Sanitary Sewer System;
39. $450,000 for Berry, Alabama for the construction of a
new sanitary wastewater lagoon system;
40. $450,000 for a water supply project in Guin, Alabama;
41. $405,000 for Talladega, Alabama for county water
supply facilities upgrades and construction;
42. $292,500 for the Town of Notasulga, Alabama for the
Notasulga Wastewater System;
43. $270,000 for Muscle Shoals, Alabama for a wastewater
project;
44. $180,000 for Eva, Alabama for a sewer system project;
45. $585,000 for Autauga County, Alabama for a sewer
infrastructure construction project;
46. $450,000 for the Osage Basin Wastewater District,
Arkansas for wastewater infrastructure improvements;
47. $225,000 to the Town of Menifee, Arkansas for water
and wastewater infrastructure improvements;
48. $450,000 for the City of Fayetteville, Arkansas for
regional wastewater system improvements;
49. $225,000 for the Community Water System Public Water
Authority of Arkansas in Lonoke and White Counties for the
Green Ferry drinking water project;
50. $1,350,000 for the City of Safford, Arizona for
wastewater treatment plant construction;
51. $450,000 to the City of Scottsdale, Arizona for the
Scottsdale Arsenic Removal pilot project;
52. $900,000 to Huachuca City, Arizona for its effluent
recharge project;
53. $225,000 to the City of Goodyear, Arizona for water
infrastructure improvements;
54. $450,000 to the Litchfield Park Service Company for
construction of the Litchfield Park arsenic treatment facility
in Arizona;
55. $675,000 to the Mission Springs Water District in
California for groundwater protection and water infrastructure
improvements;
56. $675,000 to the City of Murrieta, California for
wastewater infrastructure improvements;
57. $900,000 to the City of Newport Beach, California for
the Big Canyon Reservoir Cover Project;
58. $630,000 to the Irvine Ranch Water District of
Irvine, California for improvement of the San Diego Creek
Watershed Natural Treatment System;
59. $630,000 to the City of Laguna Beach, California for
wastewater infrastructure improvements;
60. $1,710,000 to the Olivenhain Municipal Water District
in Encinitas, California for water infrastructure improvements;
61. $1,800,000 to the Placer Nevada Wastewater Authority
for wastewater infrastructure improvements in Placer County,
California;
62. $1,350,000 for water infrastructure improvements for
the Cities of Arcadia and Sierra Madre, California;
63. $450,000 to the Metropolitan Water District of
Southern California for the Desalination Research and
Innovation Partnership;
64. $540,000 to Ventura County, California for water and
wastewater infrastructure improvements related to the
completion and implementation of the Calleguas Creek Watershed
Management Plan;
65. $450,000 to the United Water Conservation District of
Ventura County, California for the Oxnard Plain Groundwater
Recharge project;
66. $225,000 to the County of Ventura, California for
wastewater infrastructure needs for El Rio;
67. $315,000 to the City of El Segundo, California for
sanitary sewer overflow infrastructure improvements;
68. $450,000 to the City of Redding, California for water
and wastewater infrastructure improvements for the Redding
Stillwater Industrial Park;
69. $450,000 for stormwater pollution mitigation
improvements and infrastructure in Los Angeles County,
California;
70. $247,500 for the City of Oceanside, California for
infrastructure improvements to the Mission San Luis Rey
Waterline;
71. $450,000 to the City of Brisbane, California for
wastewater infrastructure improvements;
72. $90,000 for the Mojave Water Agency for design and
construction of a pipeline and facilities to supply
supplemental water to the Mojave River Middle Basin Transition
Zone;
73. $270,000 for the continuation of water infrastructure
improvements in Twentynine Palms, California;
74. $225,000 for the Warren Valley Basin Recharge/Reuse
project in Yucca Valley, California;
75. $90,000 for the Lower Owens River Project in Inyo
County, California;
76. $90,000 for the continuation of water infrastructure
improvements in the Yucaipa Valley Water District in Yucaipa,
California;
77. $90,000 for the development of a water master plan to
serve the water infrastructure needs of the City of Hesperia,
California;
78. $90,000 for planning and design of a sewage treatment
and water reclamation facility in Apple Valley, California;
79. $45,000 for Basin Water to conduct a national
demonstration project for Highly Efficient/Minimum Waste Ion
Exchange Treatment of Potable Water Supplies in Southern
California;
80. $900,000 to the City of Sacramento, California for
the Combined Sewer System Improvement and Rehabilitation
project;
81. $675,000 to the City of Compton, California for water
infrastructure improvements;
82. $225,000 to the City of Chino Hills, California for
stormwater infrastructure improvements for the intersection of
Eucalyptus and Peyton Drive;
83. $225,000 to the City of Brea, California for
wastewater and stormwater infrastructure improvements;
84. $225,000 to the City of Norwalk, California for
drinking water infrastructure construction and improvements for
the Norwalk Reservoir Project;
85. $900,000 to the City and County of San Francisco,
California for water and wastewater infrastructure improvements
for the Hunters Point Naval Shipyard;
86. $450,000 to the City of Ripon, California for water
infrastructure improvements to assist in the removal of arsenic
from drinking water;
87. $315,000 to Madera County, California Resource
Management Agency for wastewater infrastructure improvements in
Oakhurst, California;
88. $900,000 to the City of Huntington Beach, California
for stormwater and sanitary sewer infrastructure improvements;
89. $225,000 to the City of Garden Grove, California for
stormwater infrastructure improvements;
90. $450,000 to the City of Glendale, California working
in conjunction with the Utah State University in Logan, Utah,
the University of Colorado in Boulder, and UCLA for a research
study and pilot treatment plant focused on the removal of
chromium 6 from drinking water;
91. $315,000 to the City of Willits, California for
wastewater infrastructure improvements and wetlands mitigation;
92. $225,000 to Sonoma County, California for wastewater
infrastructure improvements for the Canon Manor community;
93. $225,000 to Marin County, California for wastewater
infrastructure improvements for Tomales Bay;
94. $225,000 to the City of Cudahy, California for
wastewater and sewer infrastructure improvements;
95. $225,000 to the City of Maywood, California for
wastewater and sewer infrastructure improvements;
96. $405,000 to the Tuolumne Utility District in
California for the canal optimization study;
97. $450,000 for the City of Whittier, California, for
water and sewer infrastructure improvements;
98. $450,000 for the City of Eureka, California, for the
Martin Slough Interceptor project;
99. $450,000 for Lake County, California, for the Clear
Lake Basin 2000 project;
100. $360,000 for Mountain Village, Colorado for water
infrastructure investment;
101. $270,000 for Mountain Village, Colorado for
remediation of above-ground storage tanks;
102. $450,000 for the Durango Water Treatment Facility in
Durango, Colorado;
103. $1,440,000 for Brownsville District Sewer
Development, Colorado for water and wastewater investments;
104. $900,000 to the City of New Britain, Connecticut for
water infrastructure improvements;
105. $450,000 to the City of Southington, Connecticut for
water infrastructure improvements;
106. $157,500 to the Town of Wolcott, Connecticut for
water infrastructure improvements;
107. $157,500 to the Town of New Fairfield, Connecticut
for water infrastructure improvements;
108. $675,000 to be shared equally between the towns of
Vernon and Bolton, Connecticut to support the Vernon-Bolton
Lake Sewer Project System;
109. $900,000 to the District of Columbia Water and Sewer
Authority to mitigate combined sewer overflows into the
Anacostia and Potomac Rivers;
110. $900,000 for the Town of Bridgeville, Delaware, for
wastewater treatment plant improvements;
111. $900,000 for the Town of Harrington, Delaware, for
wastewater treatment plant improvements;
112. $450,000 to the City of Tarpon Springs, Florida for
wastewater infrastructure improvements;
113. $450,000 to the City of Clearwater, Florida for
wastewater and reclaimed water infrastructure improvements;
114. $810,000 to the Taylor County, Florida Water and
Sewer District for wastewater infrastructure improvements;
115. $450,000 to Orange County, Florida for wastewater
infrastructure improvements;
116. $225,000 to the City of Jacksonville, Florida for
wastewater infrastructure improvements;
117. $315,000 to the City of Tampa, Florida for the South
Tampa Area Reclaimed Project;
118. $900,000 to the City of Sweetwater, Florida for
wastewater and stormwater infrastructure improvements;
119. $1,125,000 to the Solid Waste Authority of Palm
Beach County, Florida for pre-construction engineering and
design of the Tri-County Biosolids Pelletization Facility
serving Palm Beach, Martin, and St. Lucie Counties;
120. $135,000 to the City of South Miami, Florida for
drinking water, wastewater, stormwater and sewer infrastructure
improvements;
121. $135,000 to the City of Opa-Locka, Florida for
drinking water, wastewater, stormwater and sewer infrastructure
improvements;
122. $900,000 to the Volusian Water Alliance of Volusian
County, Florida for the Regional Aquifer Management Project and
water infrastructure improvements;
123. $450,000 for the Sarasota County, Florida Phillippi
Creek Septic System Replacement Project;
124. $225,000 to the Escambia County, Florida Utility
Authority for its Wastewater Treatment Public/Private
Partnership project;
125. $450,000 to DeSoto County, Florida for water and
wastewater infrastructure improvements;
126. $225,000 to the Sebring Airport Authority of Florida
for water and wastewater infrastructure improvements for a
light industrial/commercial business park;
127. $450,000 to the City of Boca Raton, Florida for
improvements for the Reverse Osmosis Water Treatment Facility;
128. $450,000 for the City of West Palm Beach, Florida
for its wetlands-based water project;
129. $225,000 to the City of Lighthouse Point, Florida
for stormwater system upgrades and repairs;
130. $450,000 to the City of Umatilla, Florida for
stormwater infrastructure improvements;
131. $7,875,000 to the Southwest Florida Water Management
District for continuation of the Tampa Bay Reservoir Project;
132. $810,000 for Lake Seminole, Pinellas County, Florida
for water and wastewater infrastructure improvements;
133. $1,125,000 for Eastern Orange and Seminole Counties,
Florida, for the Regional Reuse Project;
134. $2,700,000 to the Metropolitan North Georgia Water
Planning District, of which $1,800,000 is for the City of
Atlanta Nancy Creek project, for water and wastewater
infrastructure improvements;
135. $675,000 to the City of Roswell, Georgia for the Big
Creek Watershed Demonstration Project;
136. $405,000 to the Liberty County, Georgia Development
Authority for water and wastewater infrastructure improvements
for the Coastal MegaPark;
137. $675,000 to Gwinnett County, Georgia for water and
wastewater infrastructure improvements;
138. $450,000 to continue the Ground Water Chlorination
System Replacement and Upgrade Project on Guam;
139. $495,000 for the State of Hawaii Health Department,
for cesspool system replacement;
140. $450,000 for the City and County of Honolulu,
Hawaii, for wastewater treatment technologies;
141. $450,000 to the City of Ottumwa, Iowa for comined
sewer overflow system improvements;
142. $900,000 to the City of Des Moines, Iowa for
stormwater and wastewater infrastructure improvements;
143. $450,000 for the City of West Liberty, Iowa, for
wastewater treatment improvements;
144. $2,250,000 for the City of Mason City, Iowa, for the
Municipal Water System Radium Removal Project;
145. $225,000 to the Bayview Water and Sewer District of
Idaho for the Cape Horn Area Clean Water Compliance Project;
146. $900,000 for the Coolin Sewer District in Idaho for
a wastewater facility upgrade project;
147. $225,000 for the City of Filer, Idaho for a new
drinking water system;
148. $675,000 for the City of Bancroft, Idaho for water
system upgrades;
149. $900,000 for the City of Burley, Idaho for
improvements to the wastewater treatment system;
150. $450,000 to DuPage County, Illinois for water
infrastructure improvements;
151. $450,000 to the Lake County Stormwater Management
Commission of Lake County, Illinois for stormwater detention,
infrastructure, modeling, design and management activities in
the Upper Des Plaines River watershed;
152. $450,000 to the Village of Johnsburg, Illinois for
wastewater infrastructure improvements;
153. $450,000 to the Village of Port Byron, Illinois for
drinking water improvements;
154. $180,000 to the City of Hamilton, Illinois for water
infrastructure improvements;
155. $180,000 to the Dallas Rural Water District,
Illinois for water infrastructure improvements in Hancock
County, Illinois;
156. $630,000 to the Village of Montgomery, Illinois for
removal of lead-based paint from water storage tanks;
157. $234,000 to the Village of Somonauk, Illinois for
construction of a water storage tower;
158. $900,000 for the Metropolitan Water Reclamation
District of Chicago, Illinois for wastewater infrastructure
improvements;
159. $450,000 to the Village of Granville, Illinois for
water infrastructure improvements;
160. $450,000 to the Village of Toulon, Illinois for
wastewater infrastructure improvements;
161. $225,000 to the Village of LaGrange, Illinois for
water infrastructure improvements;
162. $225,000 to the Village of Justice, Illinois for
water infrastructure improvements for the Wesley Fields water
system;
163. $450,000 to the City of Galena, Illinois to expand
and improve wastewater facilities;
164. $225,000 to the City of Flora, Illinois for water
infrastructure improvements for the Gateway Regional Water
System;
165. $360,000 to the City of Breese, Illinois for water
infrastructure improvements;
166. $22,500 to the Village of Patoka, Illinois for water
infrastructure improvements;
167. $90,000 to the City of Salem, Illinois for water and
wastewater infrastructure improvements;
168. $675,000 to the City of Wilmington, Illinois for
wastewater infrastructure improvements;
169. $450,000 for the Holland Regional Water System in
Effingham, Illinois for a water treatment facility to improve
regional drinking water;
170. $450,000 for the City of Moline, Illinois for
drinking water improvements;
171. $450,000 for the City of Georgetown, Illinois for
drinking water improvements;
172. $675,000 to the City of Carmel, Indiana for water
infrastructure improvements;
173. $90,000 to Madison Township, Indiana for wastewater
infrastructure improvements;
174. $148,500 to the Town of Cicero, Indiana for its
stormwater infrastructure improvements and pollution prevention
project;
175. $225,000 to the Twin Lakes Sewer District in White
County, Indiana for wastewater infrastructure improvements;
176. $315,000 to Tell City, Indiana for wastewater
infrastructure improvements;
177. $675,000 to the City of Hobart, Indiana for
wastewater infrastructure improvements for the Green Acres
subdivision;
178. $450,000 for Vigo County, Indiana for the Sugar
Creek Township Sanitary Sewer Project;
179. $270,000 to the City of Ottawa, Kansas for water and
wastewater infrastructure improvements;
180. $450,000 to Augusta, Kansas for water infrastructure
improvements;
181. $450,000 for Latimer, Kansas for a pipeline project;
182. $450,000 to the Franklin County Fiscal Court of
Kentucky for the Choateville Sewer Project;
183. $225,000 to the Spencer County, Kentucky Fiscal
Court for water infrastructure improvements;
184. $225,000 to the City of Shepherdsville, Kentucky for
wastewater infrastructure improvements;
185. $225,000 to the City of Carrollton/Carrollton
Utilities of Kentucky for wastewater infrastructure
improvements at the Carroll-Gallatin-Owen Regional Wastewater
Treatment Plant;
186. $450,000 to the Louisville/Jefferson County
Redevelopment Authority for water infrastructure improvements
for a technology park in Louisville, Kentucky;
187. $544,500 to the City of Paintsville, Kentucky for
wastewater infrastructure improvements;
188. $360,000 to the City of Morehead, Kentucky for
wastewater infrastructure improvements;
189. $900,000 to the City of Corbin, Kentucky for
wastewater infrastructure improvements;
190. $360,000 to the City of Monticello, Kentucky for
wastewater infrastructure improvements;
191. $675,000 to the City of Prestonsburg, Kentucky for
wastewater infrastructure improvements;
192. $360,000 to the City of Beattyville, Kentucky for
water infrastructure improvements;
193. $900,000 for the City of Clay, Kentucky for
wastewater infrastructure improvements;
194. $180,000 to the Marshall County Sanitation District
#2 for water and wastewater infrastructure improvements for the
City of Draffenville, Kentucky;
195. $180,000 for the City of Bardwell, Kentucky for
wastewater infrastructure improvements;
196. $180,000 for the City of Greenville, Kentucky for
wastewater infrastructure improvements;
197. $1,665,000 for wastewater infrastructure
improvements at the Cynthiana Wastewater Treatment Plant,
Kentucky;
198. $585,000 for the City of Sebree, Kentucky for the
City of Sebree Sewer project;
199. $450,000 to the Military Department of Louisiana for
wastewater infrastructure improvements for the Gillis W. Long
Center;
200. $900,000 for the Orleans Parish, Louisiana, sanitary
sewer inflow infiltration project;
201. $900,000 to the City of Shreveport, Louisiana for
installation of backflow preventers within the water
distribution system ($450,000), and for water and wastewater
infrastructure improvements associated with programs of the Red
River Watershed Management Institute ($450,000);
202. $900,000 to St. John the Baptist Parish, Louisiana
for water and wastewater infrastructure improvements;
203. $180,000 to the City of New Iberia, Louisiana for
joint water and wastewater infrastructure improvements with
Iberia Parish;
204. $180,000 to St. Martin Parish, Louisiana for water
and wastewater infrastructure improvements;
205. $225,000 to St. Charles Parish, Louisiana for water
and wastewater infrastructure improvements;
206. $225,000 to St. Bernard Parish, Louisiana for water
and wastewater infrastructure improvements;
207. $90,000 to St. James Parish, Louisiana for water and
wastewater infrastructure improvements coordinated with the
Town of Gramercy;
208. $450,000 to the City of Hammond, Louisiana for
wastewater infrastructure improvements related to the Lake
Pontchartrain Basin project;
209. $225,000 to the City of Slidell, Louisiana for
wastewater infrastructure improvements related to the Lake
Pontchartrain Basin project;
210. $787,500 for East Baton Rouge Parish, Louisiana, for
water and wastewater infrastructure improvements;
211. $787,500 for the City of Lake Charles, Louisiana,
for wastewater treatment plant improvements;
212. $787,500 for Jefferson Parish, Louisiana, for sewer
infrastructure improvements;
213. $180,000 to the City of Brockton, Massachusetts for
wastewater infrastructure improvements;
214. $135,000 for combined sewer overflow mitigation in
Lawrence, Massachusetts;
215. $900,000 for Bristol County, Massachusetts, for
sewer infrastructure improvements;
216. $810,000 to the Pioneer Valley Planning Commission
in West Springfield, Massachusetts, in consultation with the
Metropolitan District Commission in Connecticut, for wastewater
infrastructure and combined sewer overflow improvements on the
Connecticut River in Connecticut and Massachusetts;
217. $450,000 to the Town of Elkton, Maryland for
biological nutrient removal upgrades;
218. $450,000 to the Town of Federalsburg, Maryland for
biological nutrient removal upgrades;
219. $940,500 for water supply and distribution
infrastructure improvements, sanitary sewer collection system
modifications, and wastewater and stormwater infrastructure
improvements in La Plata, Maryland;
220. $1,125,000 to the City of Rockville, Maryland for
its Stormwater Management Improvement Project;
221. $450,000 to the Washington Suburban Sanitary
Commission for water infrastructure improvements in Prince
George's and Montgomery Counties, Maryland;
222. $3,600,000 for the City of Baltimore, Maryland, for
water and wastewater infrastructure improvements;
223. $1,800,000 to the Town of Indian Head, Maryland for
sewer and water improvements in Woodland Village;
224. $450,000 for Vinalhaven, Maine for its sewer system;
225. $450,000 for Saco, Maine for its sewer system;
226. $450,000 for Augusta, Maine for its sewer system;
227. $900,000 for Corinna, Maine for its sewer system;
228. $270,000 to the City of Bad Axe, Michigan for water
infrastructure improvements;
229. $900,000 for continuation of the Rouge River
National Wet Weather Demonstration Project, Michigan;
230. $675,000 to the City of Grand Rapids, Michigan for
combined sewer overflow infrastructure improvements;
231. $450,000 to the Genesee County Drain Commission,
Michigan for the North-East Relief Sewer and Kearsley Creek
Inceptor project;
232. $360,000 to the Detroit Water and Sewer Department,
Michigan for water, wastewater and combined sewer overflow
infrastructure improvements;
233. $1,350,000 for the Evergreen-Farmington Sanitary
Sewer Overflow demonstration project in Oakland County,
Michigan;
234. $900,000 to Oakland County, Michigan for water and
wastewater infrastructure improvements within the George W.
Kuhn Drainage District;
235. $450,000 for the City of Flint, Michigan to upgrade
the Pierson Road water main system;
236. $900,000 for the City of Saginaw, Michigan, for
sewer infrastructure improvements;
237. $900,000 for the City of Port Huron, Michigan, for
sewer infrastructure improvements;
238. $900,000 for Eastern Calhoun County, Michigan, for
regional wastewater treatment infrastructure improvements;
239. $1,350,000 to the City of Springfield, Missouri for
feasibility studies, design and construction of stormwater
infrastructure improvements for the Upper James River;
240. $315,000 to the City of St. Louis, Missouri for
water infrastructure improvements for Forest Park;
241. $1,800,000 to the Clean Water Committee of Jefferson
County, Missouri for wastewater infrastructure improvements;
242. $315,000 to Caldwell County, Missouri for water
infrastructure improvements;
243. $450,000 to the Clarence Cannon Wholesale Water
Commission for water infrastructure improvements in Monroe
County, Missouri;
244. $450,000 to the City of Lake St. Louis, Missouri for
wastewater infrastructure improvements and watershed protection
projects in the Peruque Creek watershed and along the St.
Charles County Hi-Tech corridor area;
245. $1,530,000 to Kansas City, Missouri for the water
component of the Beacon Hill Redevelopment Plan;
246. $450,000 to Dudley, Missouri for the City Water
Expansion Project;
247. $1,000,000 for St. Joseph, Missouri for wastewater
infrastructure improvements;
248. $405,000 to Bolivar, Missouri for the Bolivar
Industrial Park Sewer and Water System;
249. $315,000 to Warrenton, Missouri for the Warrenton
Industrial Park Lift Station;
250. $225,000 to Warrensburg, Missouri for the water
component of the Warrensburg Downtown Revitalization Project;
251. $1,800,000 to Joplin, Missouri for the Crossroads
Relief Sewer #2 and Sewer Extension Project;
252. $1,350,000 to Monett, Missouri for the Monett Sewer
Treatment Plant Upgrade;
253. $610,200 to the City of Louisville, Mississippi for
water treatment system upgrades;
254. $64,800 to the City of Lake, Mississippi for water
infrastructure improvements;
255. $450,000 to the City of Newton, Mississippi for
wastewater infrastructure improvements for an industrial park;
256. $270,000 to the City of McComb, Mississippi for
wastewater infrastructure improvements;
257. $270,000 to the City of Gulfport, Mississippi for
water infrastructure improvements;
258. $495,000 to the City of Corinth, Mississippi for
wastewater infrastructure improvements;
259. $450,000 to the City of Tupelo, Mississippi for
wastewater infrastructure improvements;
260. $1,800,000 for Flowood, Mississippi for the Hogg
Creek Interceptor System;
261. $900,000 for Meridian, Mississippi for wastewater
improvements;
262. $900,000 for Jackson, Mississippi for water
infrastructure improvements;
263. $900,000 for Fayette, Mississippi for the Jefferson
County water and sewer improvements project;
264. $900,000 for the Upper and Lower River Road Water
and Sewer District, Montana for wastewater infrastructure
improvements;
265. $1,350,000 for the City of Conrad, Montana for a
wastewater and drinking water project;
266. $1,350,000 for the City of Belgrade, Montana, for
wastewater treatment;
267. $1,350,000 for Missoula, Montana for the Mullan Road
Corridor Sewer Project;
268. $180,000 to the Town of Granite Falls, North
Carolina for water infrastructure improvements;
269. $270,000 to the Town of Bakersville, North Carolina
for water infrastructure improvements;
270. $90,000 to the Town of Drexel, North Carolina for
water and wastewater infrastructure improvements;
271. $180,000 to the Town of Spruce Pine, North Carolina
for construction of the Cemetery Hill Water Storage Tank;
272. $450,000 to the City of Henderson, North Carolina
for the next phase of the rehabilitation and expansion of the
water treatment facilities of the Kerr Lake Regional Water
System;
273. $900,000 to the City of Concord, North Carolina for
the Tri-County Regional Water Project in Cabarrus, Rowan, and
Stanly Counties, North Carolina;
274. $225,000 to the County of Granville, North Carolina
for water and wastewater infrastructure improvements;
275. $675,000 to Richmond County, North Carolina for
water and wastewater infrastructure improvements;
276. $900,000 to the Neuse Regional Water and Sewer
Authority in Lenoir County, North Carolina for water
infrastructure improvements;
277. $900,000 for Orange County, North Carolina for
wastewater infrastructure needs;
278. $360,000 to the Town of Cary, North Carolina for
construction of a biosolids dryer facility;
279. $450,000 to the Town of Highlands, North Carolina
for water and wastewater infrastructure improvements;
280. $450,000 to the Buncombe County, North Carolina
Solid Waste Management Facility for water quality protection
infrastructure improvements;
281. $360,000 to the Town of Mooresville, North Carolina
for water infrastructure improvements;
282. $450,000 for the Town of Robbins, North Carolina,
for water treatment plant improvements;
283. $180,000 for water and sewer improvements in
Morgantown, North Carolina;
284. $135,000 for water and sewer improvements in
Albermarle, North Carolina;
285. $180,000 for water and sewer improvements in
Gastonia, North Carolina;
286. $225,000 for water and sewer improvements in
Valdese, North Carolina;
287. $1,800,000 for the City of Park River, North Dakota
for the Park River Water System Improvements;
288. $900,000 for the City of Grafton, North Dakota for
the Grafton Water Treatment Plant Improvement;
289. $540,000 for Wayne State College of Wayne, Nebraska
for the Wayne Community Greywater project;
290. $360,000 to Lincoln, Nebraska for the South Salt
Creek Sanitary Sewer project;
291. $450,000 to the City of Omaha, Nebraska for a
combined sewer overflow project;
292. $900,000 to the City of Nashua, New Hampshire for
water and wastewater infrastructure improvements;
293. $540,000 to the City of Portsmouth, New Hampshire
for mitigation of combined sewer overflows;
294. $450,000 to the City of Somersworth, New Hampshire
for wastewater infrastructure improvements;
295. $900,000 to the City of Manchester, New Hampshire
for water and wastewater infrastructure improvements;
296. $360,000 to the Town of Exeter, New Hampshire for
planning and design of a new water treatment plant;
297. $900,000 for the City of Berlin, New Hampshire to
assist in construction of water delivery infrastructure;
298. $391,500 to the Borough of New Providence, New
Jersey for water and wastewater infrastructure improvements;
299. $900,000 to the Township of Jefferson, New Jersey
for wastewater infrastructure improvements to help protect
water quality of Lake Hopatcong, New Jersey;
300. $2,250,000 to the Passaic Valley Sewerage Commission
in New Jersey for its combined sewage overflow reduction
program and the Passaic River/Newark Bay Restoration program;
301. $225,000 for the North Hudson Sewerage Authority in
New Jersey for combined sewer overflow improvements;
302. $450,000 for the Township of Vernon, New Jersey, for
wastewater improvement;
303. $1,350,000 for the Camden County Municipal
Authority, New Jersey, for sewer infrastructure improvements;
304. $900,000 to the City of Ruidoso, New Mexico for
wastewater infrastructure improvements;
305. $450,000 to the City of Los Lunas, New Mexico for
wastewater infrastructure improvements;
306. $450,000 to the City of Belen, New Mexico for
wastewater infrastructure improvements;
307. $180,000 to the Greater Chimayo Mutual Domestic
Water Consumers Association in New Mexico for water
infrastructure improvements;
308. $180,000 to the City of Bloomfield, New Mexico for
wastewater infrastructure improvements;
309. $315,000 to the Town of Bernalillo, New Mexico for
wastewater infrastructure improvements;
310. $315,000 to the Village of Los Lunas, New Mexico for
wastewater infrastructure improvements;
311. $1,800,000 for South and North Valley of Albuquerque
and Bernalillo County, New Mexico, for water and wastewater
treatment;
312. $450,000 for the City of Gallup, New Mexico, for
wastewater treatment plant improvements and upgrades;
313. $900,000 for the City of Espanola, New Mexico for
water and wastewater treatment;
314. $900,000 for Alamogordo, New Mexico for the
Alamogordo Regional Desalination Project;
315. $630,000 to the Virgin Valley Water District, Nevada
for construction of arsenic treatment facilities for the cities
of Mesquite and Bunkerville, Nevada;
316. $796,500 for Washoe County, Nevada for the Spanish
Valley Nitrate Remediation Pilot Program;
317. $990,000 for the Carson Water Subconservancy
District for final design and construction of a conveyance-
tunnel system to transport water from Marlette Lake to the
Hobart Drainage for treatment at Carson City, Nevada;
318. $270,000 for the City of Las Vegas, Nevada, sewer
replacement project;
319. $900,000 to the City of Little Falls, New York for
water infrastructure improvements;
320. $225,000 for the Village of Floyd, New York Water
Quality/Quantity Improvement Project;
321. $225,000 to the Village of Whitney Point, New York
for wastewater infrastructure improvements;
322. $900,000 to the Village of Walden, New York for
wastewater infrastructure improvements;
323. $450,000 the the State of New York for the South
Shore Estuary Reserve Council of Long Island, New York for
stormwater infrastructure improvements;
324. $675,000 to the Town of North Hempstead, New York
for stormwater management infrastructure improvements within
Manhasset Bay and Hempstead Harbor on the Long Island Sound;
325. $900,000 to the City of Niagara Falls, New York for
wastewater infrastructure improvements;
326. $450,000 to the City of Rye, New York for water and
wastewater infrastructure improvements;
327. $450,000 for the Lake Neatahwanta Reclamation
project in Oswego County, New York;
328. $900,000 to the City of Oswego, New York for
combined sewer overflow system improvements;
329. $180,000 to the Village of Sloan, New York for
wastewater infrastructure improvements;
330. $450,000 to the Town of Hamburg, New York for
sanitary sewer overflow improvements;
331. $900,000 to the City of Buffalo, New York Water
Division for water infrastructure improvements;
332. $900,000 to the Monroe County, New York Water
Authority for construction of a covered reservoir and security
improvements;
333. $900,000 to the Saratoga County Water Committee for
water and wastewater infrastructure improvements;
334. $10,800,000 for continued clean water improvements
for Onondaga Lake, New York;
335. $1,800,000 to the City of Syracuse, New York for
water and wastewater infrastructure improvements;
336. $5,400,000 for drinking water infrastructure needs
in the New York City watershed;
337. $3,600,000 for water quality infrastructure
improvements for Long Island Sound, New York;
338. $450,000 to the Cortland County Industrial
Development Agency in New York for water and wastewater
infrastructure improvements to the Cortland County Business
Park;
339. $675,000 for the County of Nassau, New York for
water quality infrastructure improvements at Nassau County Park
facilities;
340. $450,000 for the City of Middletown, New York for
the City of Middletown Filtration Plant;
341. $450,000 to the City of Cincinnati, Ohio for water
infrastructure improvements;
342. $675,000 to the City of Van Wert, Ohio for the
expansion of a drinking water reservoir;
343. $337,500 to the City of Napoleon, Ohio for water
infrastructure improvements;
344. $720,000 for water infrastructure upgrades for
Northern Perry County Water District, Ohio;
345. $675,000 for water infrastructure upgrades for the
Village of Crooksville, Ohio;
346. $180,000 for the Village of Amanda, Ohio for water
infrastructure improvements;
347. $450,000 for the Village of Spring Valley, Ohio to
upgrade its water treatment and distribution system;
348. $360,000 for Greene County, Ohio for water and
wastewater infrastructure improvements;
349. $90,000 for the Pickaway County Sewer District for a
regional sewer study in Pickaway County, Ohio;
350. $675,000 to the Northeast Ohio Regional Sewer
District for the Doan Brook Watershed Area in Ohio for
continued development of a storm water abatement system in the
Doan Brook Watershed Area of Ohio;
351. $1,620,000 for the City of Toledo, Ohio for the
development of facilities related to its Methane Biogases
Capture and Reuse Initiative;
352. $630,000 to the City of Port Clinton, Ohio for a
wastewater infrastructure improvements and mitigation of
combined sewer overflows;
353. $450,000 to Perry County, Ohio for water
infrastructure improvements;
354. $900,000 to the City of Delphos, Ohio for the Tri-
County Regional Water System Reservoir Project;
355. $900,000 to the City of North Canton, Ohio for a
water treatment project;
356. $900,000 for the City of Massillon, Ohio for
wastewater and stormwater infrastructure improvements;
357. $180,000 for the Buckeye Water District Treatment
Plant infrastructure improvements in Columbiana County, Ohio;
358. $180,000 to the Village of Morristown, Ohio for
wastewater infrastructure improvements;
359. $225,000 to the Village of Hartford, Ohio for
wastewater and sanitary sewer infrastructure improvements;
360. $675,000 for the Village of Pomeroy, Ohio for the
construction of an iron and manganese removal water treatment
plant;
361. $675,000 for the Village of Belmont, Ohio for the
construction of a wastewater treatment plant and collection
system;
362. $900,000 for the City of Akron, Ohio for sewer
infrastructure improvements;
363. $675,000 for Morristown, Ohio for a sanitary sewer
collection system;
364. $225,000 to the City of Hulbert, Oklahoma for
wastewater infrastructure improvements for the Hulbert
Community Health Center;
365. $450,000 to the City of Midwest City, Oklahoma for
water infrastructure improvements;
366. $450,000 to the City of Altus, Oklahoma for water
infrastructure improvements;
367. $1,350,000 for the City of Norman, Oklahoma for
wastewater system improvements;
368. $450,000 to the City of Portland, Oregon for its wet
weather pollution control program;
369. $450,000 to the City of Albany, Oregon for the
Albany-Millersburg Joint Water project;
370. $270,000 for Tillamook County, Oregon for wastewater
infrastructure improvements including construction of an animal
waste composting facility;
371. $450,000 to La Pine, Oregon for wastewater
infrastructure improvements;
372. $270,000 to the City of North Plains, Oregon for
water infrastructure improvements;
373. $495,000 for the City of Hood River, Oregon, for
drinking water infrastructure improvements;
374. $225,000 for the Metropolitan Wastewater Management
Commission, Eugene and Springfield, Oregon, drinking and
wastewater improvements;
375. $540,000 for the Gold Hill, Oregon for a water
intake relocation project;
376. $2,250,000 for the Three Rivers Wet Weather
Demonstration program in Allegheny County, Pennsylvania;
377. $486,000 for wastewater infrastructure improvements
for the City of Hermitage, Pennsylvania ($383,850) and the
Borough of Sharpsville, Pennsylvania ($102,150);
378. $1,350,000 to Derry Township Municipal Authority in
Dauphin County, Pennsylvania for wastewater infrastructure
improvements;
379. $450,000 for Pulaski Township, Pennsylvania for
wastewater infrastructure improvements;
380. $450,000 to the Wyoming Valley Sanitary Authority of
Pennsylvania for combined sewer overflow infrastructure
improvements;
381. $387,000 to the Nanty Glo Water Authority of
Cambria, Pennsylvania for water infrastructure improvements;
382. $450,000 to the Derry Borough Water Authority in
Westmoreland County, Pennsylvania for water infrastructure
improvements;
383. $270,000 to the Borough of Wellsboro, Pennsylvania
for combined sewer overflow improvements;
384. $450,000 to the City of Franklin, Pennsylvania for
combined sewer overflow infrastructure improvements;
385. $450,000 to the City of Lancaster, Pennsylvania for
water and wastewater infrastructure improvements;
386. $315,000 to the York City Sewer Authority in
Pennsylvania for wastewater infrastructure improvements;
387. $450,000 to Lycoming County, Pennsylvania for water
and wastewater infrastructure improvements in the Boroughs of
Hughesville and Muncy and at Halls Station;
388. $450,000 to the Department of Susquehanna County
Economic Development in Montrose, Pennsylvania for water
infrastructure improvements;
389. $315,000 to the Chestnut Ridge Area Joint Municipal
Authority for wastewater infrastructure improvements for East
St. Clair, West St. Clair, King and Napier Townships and in New
Paris Borough, Pennsylvania;
390. $900,000 to the Eastern Snyder County Regional
Authority in Pennsylvania to upgrade its wastewater treatment
plant, including replacing equipment, improving the treatment
system, and installing new technology for nutrient removal, in
order to improve the water quality of the Chesapeake Bay;
391. $900,000 for Upper Allen Township, Cumberland
County, Pennsylvania to increase sewer treatment capacity by
repairing inflow and infiltration problems in older sections of
the collection system, divert sewage to a treatment plant, and
install new sanitary sewer collection system extensions to
replace malfunctioning on-lot disposal systems;
392. $450,000 to the Commonwealth of Puerto Rico Sewer
and Water Authority for wastewater infrastructure improvements
in the municipality of Arecibo;
393. $450,000 to the City of Woonsocket, Rhode Island for
water infrastructure improvements;
394. $2,250,000 to the Narragansett Bay Commission, Rhode
Island, in cooperation with other Bay communities, for
wastewater and combined sewer overflow infrastructure
improvements;
395. $540,000 for the Pawtucket Water Supply Board in
Rhode Island for the purchase of the City of Central Falls
Water Distribution System;
396. $450,000 for the Town of Coventry, Rhode Island, for
drinking water infrastructure improvements;
397. $450,000 to Berkeley County, South Carolina for
extension of water lines to Cross Community Schools;
398. $450,000 to the City of Myrtle Beach, South Carolina
Downtown Redevelopment Corporation for stormwater
infrastructure improvements for the Pavilion Area Master Plan;
399. $450,000 to the City of Florence, South Carolina for
continued construction of a regional surface water plant;
400. $225,000 to the Town of Eastover, South Carolina for
water infrastructure improvements;
401. $171,000 to the Town of Jackson, South Carolina for
removal of radium from the water supply;
402. $198,000 to the City of Walhalla, South Carolina for
water infrastructure improvements in Oconee County;
403. $450,000 to Charlotte Mecklenburg Utilities for a
phosphorous reduction program in North Carolina and South
Carolina;
404. $180,000 to Charleston County, South Carolina for
wastewater infrastructure improvements;
405. $900,000 for the Mount Pleasant Waterworks
Commission, South Carolina, for the Snowden Community
Wastewater Collection Project;
406. $900,000 for the Commission of Public Works of the
City of Charleston, South Carolina, for wastewater tunnel
replacement;
407. $900,000 for the City of Greenville, South Carolina,
for water and sewer infrastructure related to the Greenline-
Spartanburg Neighborhood Redevelopment Project;
408. $450,000 to the City of Groton, South Dakota for
water and wastewater infrastructure improvements;
409. $450,000 to the City of Elk Point, South Dakota for
wastewater infrastructure improvements;
410. $675,000 for the City of Centerville, South Dakota,
for drinking water infrastructure improvements;
411. $900,000 for the Sisseton-Wahpeton Sioux Tribe in
Agency Village, South Dakota, for the expansion of the Brown
Marshall Day Water System;
412. $450,000 for the City of Huron, South Dakota, for
drinking water infrastructure improvements;
413. $450,000 for Box Elder, South Dakota, for water and
wastewater system improvements;
414. $360,000 for the City of Deadwood, South Dakota, for
a drinking water extension project;
415. $315,000 for the Community of Dakota Dunes, South
Dakota, for a drinking water infrastructure connection project;
416. $1,350,000 for the City of Lead, South Dakota, for
water and wastewater system improvements;
417. $405,000 to the River Road Utility District for
water infrastructure improvements in Cheatham County,
Tennessee;
418. $351,000 to the City of Cross Plains, Tennessee for
wastewater infrastructure improvements;
419. $1,350,000 to the Athens Utilities Board of
Tennessee for wastewater infrastructure improvements at the
Oostanaula Wastewater Treatment Plant;
420. $450,000 to the City of Lawrenceburg, Tennessee for
water and wastewater infrastructure improvements;
421. $90,000 to the Watauga River Regional Water
Authority in Carter County, Tennessee for water infrastructure
improvements;
422. $1,080,000 to Polk County, Tennessee for water
infrastructure improvement for the Linsdale community;
423. $1,350,000 for the City of Franklin, Tennessee for
water quality improvements;
424. $900,000 to the City of Eagle Pass, Texas for water
and wastewater infrastructure improvements;
425. $900,000 for West Fort Bend County, Texas for water
infrastructure improvements;
426. $450,000 to the City of Meridian, Texas for water
and wastewater infrastructure improvements for the Meridian/
Bosque Regional Water Supply and Treatment Project;
427. $900,000 to the City of Dallas, Texas for water and
wastewater infrastructure improvements;
428. $270,000 to the City of Port Arthur, Texas for water
infrastructure improvements in the Sabine area;
429. $1,800,000 for San Antonio Water Systems, Texas for
water and sewer improvements;
430. $1,350,000 for Nacogdoches, Texas for the
development of a water and sewer drainage system;
431. $450,000 to Park City, Utah for water infrastructure
improvements at the Park City Judge Tunnel Water Treatment
Plant;
432. $450,000 for Tooele City, Utah for water and
wastewater infrastructure improvements;
433. $225,000 to Sandy City, Utah for water and
stormwater infrastructure improvements;
434. $225,000 for the City of St. George, Utah for water
and sewer line extensions;
435. $225,000 for the City of South Salt Lake, Utah for
water infrastructure improvements;
436. $2,250,000 for Monticello, Utah for a primary water
supply pipeline;
437. $675,000 for Blanding, Utah for water infrastructure
improvements;
438. $900,000 to the Town of Dublin, Virginia for water
infrastructure improvements;
439. $315,000 to the Town of Orange, Virginia for
construction of a raw water storage basin;
440. $900,000 to Dale Service Corporation for water and
wastewater infrastructure improvements in Dale City, Virginia;
441. $855,000 to the Fairfax County Water Authority of
Virginia for water system infrastructure and security
enhancements;
442. $472,500 to Chesterfield County, Virginia for
drainage and wastewater infrastructure improvements;
443. $360,000 for Nelson County, Virginia for water and
wastewater system installation and improvements;
444. $135,000 for Camp Virginia Jaycee in Blue Ridge,
Virginia for a wastewater treatment project;
445. $360,000 to Fluvanna County, Virginia for water and
wastewater infrastructure improvements;
446. $315,000 for St. Paul College in Lawrenceville,
Virginia for water and wastewater infrastructure improvements;
447. $360,000 for Pittsylvania County and the Town of
Gretna, Virginia for water infrastructure improvements;
448. $270,000 for Franklin County, Virginia for a
drinking water infrastructure project;
449. $270,000 for Buckingham County, Virginia for water
and wastewater infrastructure improvements for Buckingham
County and the Town of Dillwyn;
450. $180,000 for Cumberland County, Virginia for water
infrastructure improvements;
451. $1,800,000 to the City of Richmond, Virginia
($900,000) and to the City of Lynchburg, Virginia ($900,000)
for combined sewer overflow infrastructure improvements;
452. $675,000 to the City of Alexandria, Virginia for the
Sanitary and Stormwater Sewer Reconstruction and Extension
project to mitigate overflows polluting Four Mile Run Creek;
453. $315,000 to Accomack County, Virginia for wastewater
infrastructure improvements;
454. $180,000 to the City of Norfolk, Virginia for
wastewater infrastructure improvements at the North Fox Hall
and Sewell Garden pump stations;
455. $180,000 to the City of Norfolk, Virginia for
wastewater infrastructure improvements in Fairmont Park;
456. $900,000 to Loudoun County, Virginia Department of
Building and Development for groundwater monitoring
infrastructure of the Water Resources Management Program;
457. $450,000 to the Government of the Virgin Islands for
water and wastewater infrastructure improvements;
458. $1,530,000 for the Champlain Water District,
Vermont, for Chittenden County stormwater infrastructure
improvements;
459. $1,350,000 for the Town of Warren, Vermont, for
wastewater treatment facility upgrades;
460. $1,170,000 for the Town of Richmond, Vermont, for
wastewater treatment facility upgrades;
461. $810,000 to the City of Shelton, Washington for
water and wastewater infrastructure improvements;
462. $99,000 to the Town of South Prairie, Washington for
wastewater infrastructure improvements;
463. $450,000 to Parker, Washington for water
infrastructure improvements;
464. $450,000 to the City of Roslyn, Washington for
wastewater infrastructure improvements;
465. $225,000 to the City of Blaine, Washington for
completion of a feasibility study for the Northwest Whatcom
County Wastewater Management Plan, Lummis Diversion, and for
related updates of the City's general sewer plan;
466. $693,000 for the Mason County Public Utility
District, Washington to construct a wastewater and collection
facility in Hoodsport, Washington;
467. $225,000 for the Wahkiakum County Public Utility
District, Washington for the Puget Island Drinking Water
Project;
468. $1,485,000 for the Town of Klickitat, Washington, to
construct a new wastewater water treatment facility;
469. $522,000 for the City of Richland, Washington, for
wastewater infrastructure improvements;
470. $337,500 for the Village of Curtiss, Wisconsin for
the expansion of their wastewater treatment plant;
471. $832,500 for the Town of Mercer, Wisconsin for the
extension of their water infrastructure to the new business
park;
472. $1,080,000 for the City of Wisconsin Rapids,
Wisconsin for the extension of sewer and water to the East Side
Business Park and the Village of Biron;
473. $1,800,000 for the City of Milwaukee, Wisconsin for
the Central Metropolitan Interceptor Improvement Project;
474. $900,000 for the City of Racine, Wisconsin for the
Racine Advanced Water Treatment System;
475. $270,000 for the Putnam County Commission of West
Virginia for the Fishers Ridge water infrastructure project;
476. $238,500 to the Midland Public Service District in
Randolph County, West Virginia for the extension of waterlines
for Haddix Road;
477. $2,445,600 to the City of Weirton, West Virginia for
water treatment plant upgrades;
478. $2,250,000 to the City of Moundsville, West Virginia
for construction of a water treatment facility;
479. $1,845,000 to the City of Grafton, West Virginia for
upgrades to the Berkeley Run Pump Station, Front Street sewer
improvements, Fetterman's sewer improvements, Monroe Street
sewer improvements, Ross Alley sewer improvements, East Knotts
Area sewer improvements, Rochelle Road sewer improvements,
Maple Street sewer improvements and Walnut Area sewer
improvements;
480. $1,939,500 to the City of Grafton, West Virginia for
wastewater treatment plant upgrades;
481. $455,400 to the City of Sistersville, West Virginia
for water treatment plant upgrades;
482. $504,000 to the City of Wellsburg, West Virginia for
replacement of the 11th Street Wastewater Lift Station; and
483. $571,500 to the Village of Beach Bottom, West
Virginia for the extension of water lines, water plant
construction and water line replacement.
Administrative Provisions
The conferees have again this year included an
administrative provision giving the Administrator specific
authority to, in the absence of an acceptable tribal program,
award cooperative agreements to federally recognized Indian
Tribes or Intertribal consortia so as to properly carry out
EPA's environmental programs.
Also again this year and in order to continue providing
sufficient and necessary resources for EPA's pesticide re-
registration program, the conferees have included bill language
which authorizes for one year the collection by EPA of
$21,500,000 in maintenance fees. This provision extends to
September 30, 2003 the date upon which such authority for
collections expires. Additionally, bill language has again been
included which prohibits the use of funds to promulgate a final
regulation to implement changes in the payment of pesticide
tolerance processing fees as proposed at 64 Federal Register
31040, or any similar proposal; and prohibiting the collection
of pesticide registration fees if a new maintenance fee has
gone into effect.
Finally, the conference agreement includes bill language
as proposed by the Senate requiring the Administrator of the
Environmental Protection Agency to enter into a cooperative
agreement with the National Academy of Sciences to evaluate the
impact of the final rule relating to prevention of significant
deterioration and non-attainment of new source review (NSR)
published in the Federal Register on December 31, 2002.
Executive Office of the President
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
Appropriates $5,368,000 as proposed by the Senate instead
of $5,750,000 as proposed by the House.
The conferees direct that the progress report on the
Administration's interagency global change research program, as
included in the Senate report, be submitted to the Committees
on Appropriations by May 30, 2003.
The conferees strongly encourage OSTP to address the
following critical issues introduced by the Senate: (1)
achieving a balanced and appropriately funded Federal research
portfolio, particularly as it relates to the physical sciences
and engineering disciplines; (2) developing the means to
increase the number of U.S. students pursuing undergraduate and
advanced degrees in science and engineering and fostering
partnerships between federal agencies and universities to meet
this goal; (3) addressing the infrastructure needs for an
oceans research program; and (4) developing a long-term
strategy for developing the nation's semi-conductor
manufacturing capabilities.
COUNCIL ON ENVIRONMENTAL QUALITY
AND OFFICE OF ENVIRONMENTAL QUALITY
Appropriates $3,031,000 for the Council on Environmental
Quality and Office of Environmental Quality as proposed by the
House and the Senate. The conferees have again this year
included language proposed by the House and the Senate which
authorizes the Council to operate with one member, that member
acting as chairman of the Council.
Federal Deposit Insurance Corporation
OFFICE OF INSPECTOR GENERAL
Appropriates $30,848,000 for the Office of Inspector
General, the same amount as included in both the House and
Senate bill. Funds for this account are derived from the Bank
Insurance Fund, the Savings and Loan Insurance Fund, and the
FSLIC Resolution Fund and are therefore not reflected in either
the budget authority or budget outlay totals.
Federal Emergency Management Agency
The conferees are in agreement that FEMA is to implement
the minority emergency preparedness demonstration program as
structured in the fiscal year 2002 appropriations Act. The
program is to be funded at not less than $1,500,000. FEMA is
directed to provide a report to the Congress, by April 15,
2003, on the implementation of this program.
DISASTER RELIEF
(INCLUDING TRANSFERS OF FUNDS)
Appropriates $800,000,000 for disaster relief, instead of
$1,820,000,000 as proposed by the House and $842,843,000 as
proposed by the Senate. This level of funding is understood to
be sufficient to address all anticipated needs when the current
unallocated and unobligated balances available to FEMA are
considered. The post-disaster hazard mitigation set-aside that
is provided to states is reduced from 15 percent to 7.5 percent
since the conferees have included a new National Pre-Disaster
Mitigation Fund, as proposed in the budget request. The budget
request had proposed elimination of this set-aside.
The conferees have included a provision, as proposed by
the House, which directs FEMA to provide Public Assistance and
Hazard Mitigation grants to the Texas Medical Center as if it
were an eligible applicant under the Robert T. Stafford
Disaster Relief and Emergency Assistance Acts as amended. The
Texas Medical Center is expected to maintain at least the
existing level of insurance coverage which was in place at the
time of the 2001 floods. The Senate had not addressed this
issue.
Retains language included by the both the House and
Senate which provides for the transfer of funds to the
consolidated grant management program and the Office of
Inspector General.
The conferees have added a new proviso which reduces
funding for a seismic mitigation project at California State
University, San Bernardino, and directs FEMA to use the funding
instead to mitigate fire danger due to bark beetle infestation
in the area of San Bernardino National Forest.
The conferees urge FEMA to work with Santa Monica College
to resolve any outstanding claims resulting from the Northridge
earthquake.
NATIONAL PRE-DISASTER MITIGATION FUND
Appropriates $150,000,000 for the National Pre-Disaster
Mitigation Fund, instead of $250,000,000 as proposed by the
House and $25,000,000 as proposed by the Senate.
The conferees are in agreement that FEMA is directed to
provide grants of $250,000 to each of the 50 states and five
other recognized entities for planning pre-disaster mitigation
projects. The conferees also direct FEMA to work with the State
University System of Florida on comprehensive hurricane
mitigation research. The conferees are in agreement that FEMA
should continue the Disaster Resistant University program and
direct FEMA to carry out the direction contained in House
Report 107-740.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
The conferees agree to provide a limitation on
administrative expenses of $557,000 for the disaster assistance
direct loan program account. The amount provided is the same as
in both the House and the Senate bills.
SALARIES AND EXPENSES
Appropriates $245,690,000 for salaries and expenses
instead of $250,690,000 as proposed by the House and
$239,690,000 as proposed by the Senate. The conferees are in
agreement that the highest priority for FEMA should be to add
at least 24 full time equivalents for its Financial and
Acquisition Management Division and 27 for the United States
Fire Administration.
FEMA is directed to provide $1,750,000 to the
Administrative and Resource Planning Directorate for its effort
to archive key agency documents by digitization to optical
disks, including related activities.
OFFICE OF INSPECTOR GENERAL
Appropriates $14,000,000 for the Office of Inspector
General, instead of $11,549,000 as proposed by the House and
$17,754,000 as proposed by the Senate.
The conferees direct the FEMA Inspector General to review
the Assistance to Firefighters Grants program to assess the
extent to which FEMA is implementing the ``maintenance of
needs'' requirements under this program. A report is due no
later than August 15, 2003.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
Appropriates $388,299,000 for emergency management
planning and assistance instead of $367,040,000 as proposed by
the House and $1,615,214,000 as proposed by the Senate. The
conferees have not included in this account any funding for the
Firefighters Assistance Grants program or the administration of
the program in this account as proposed by the Senate. Instead,
those funds are provided in a new account as proposed by the
House.
In addition, the conferees have agreed to provide
$2,900,000 by transfer from the disaster relief account for the
consolidated emergency management performance grant program.
The conferees have included in the bill a listing of
funds for specific programs or activities, including
$20,000,000 for Community Emergency Response Teams and
$25,000,000 for emergency operations centers. The bill language
specifies $165,000,000 for emergency management performance
grants (EMPG), an increase of $49,000,000 to the budget request
of $116,000,000. The conferees have taken this action because
EMPG is the backbone of the nation's emergency management
system, builds state and local emergency management capability,
is the foundation for first responder activities, and because
this important activity has been severely underfunded for many
years. Now more than ever, the planning activities carried out
in this program are of utmost importance. The conferees believe
FEMA should consider an allocation system for these funds that
takes into consideration not only population, but also risk and
vulnerability assessments.
Also included is $25,000,000 for interoperable
communications equipment. The conferees are concerned that
despite clearly identified deficiencies, there is still no
overall Federal plan for the acquisition of communications
equipment. FEMA is directed to provide a comprehensive plan to
the Committees on Appropriations of the House and Senate for
the acquisition of interoperable communications equipment by
April 15, 2003.
The conferees have included $60,000,000 for the 28
existing Urban Search and Rescue Teams (USAR). This is in
addition to $32,400,000 appropriated in the fiscal year 2002
Supplemental Appropriations Act. The conferees commend these
USAR teams for their commitment as front-line first responders
to both natural disasters and terrorist acts. Except for up to
five percent of these funds which can be used to support FEMA's
administrative costs, the conferees direct all these funds to
be used to support the cost of operations, the cost of urban
search and rescue equipment (including equipment necessary to
operate in an environment contaminated or otherwise affected by
a weapon of mass destruction) and the cost of all needed
training, including training for responding to an environment
contaminated or otherwise affected by a weapon of mass
destruction.
The conferees are in agreement that FEMA is directed to
continue its partnership with the National Technology Transfer
Center at the fiscal year 2000 level to bring technology
applications to the local, state, and Federal levels of the
emergency management community for the purpose of responding to
both natural disasters and terrorist attacks and reducing their
impact.
FIREFIGHTER ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
Appropriates $750,000,000 for firefighter assistance
grants instead of $450,000,000 as proposed by the House. The
Senate had proposed funding of $900,000,000 for this activity
as part of the Emergency Management Planning and Assistance
account. The conferees have included language which provides
for the transfer to salaries and expenses of up to five percent
of the funding for purposes of administering the program, and
has made the funding available for a two year period of
obligation.
The conferees have agreed to establish this new
appropriations account for firefighter assistance grants so
that there will be no doubt as to the importance of this
program and to protect this program from being lost in the
morass of the Department of Homeland Security.
Emergency Medical Services (EMS) personnel provide
critical services, and are often the first responders in an
emergency. As one of the activities permitted under the Fire
Act, the conferees encourage FEMA to allow appropriate EMS
providers to be considered eligible recipients of fire grant
funds.
RADIOLOGICAL AND EMERGENCY PREPAREDNESS
Provides for the receipt and expenditure of fees
collected as authorized by Public Law 106-377. Both the House
and the Senate included this provision in their respective
bills.
CERRO GRANDE FIRE CLAIMS
Appropriates $90,000,000 for Cerro Grande fire claims
settlement instead of $100,000,000 as proposed by the Senate.
The House had not included funding for this program. The
conferees have included bill language which makes up to
$5,000,000 of the funds available for administrative purposes.
The conferees direct all audit requirements to be complied with
as identified in the Senate report. The conferees expect FEMA
and the Cerro Grande Fire Claims Office to expedite all claims
to bring this effort to closure.
EMERGENCY FOOD AND SHELTER PROGRAM
Appropriates $153,000,000 for the emergency food and
shelter program as proposed by both the House and the Senate.
FLOOD MAP MODERNIZATION FUND
Appropriates $150,000,000 for the Flood Map Modernization
Fund, instead of $200,000,000 as proposed by the House and
$100,000,000 as proposed by the Senate.
The conferees agree that $2,000,000 shall be made
available to the New York Department of Environmental
Conservation (DEC) for the New York Flood Plain Mapping program
and encourage FEMA to integrate the New York DEC into the
overall program. The conferees agree that $250,000 shall be
made available to the Canaan Valley Institute for development
of flood plain maps. Finally, the conferees agree that
$2,000,000 is to be used for the Louisiana pilot project to
provide two-foot contour interval mapping.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide up to $32,393,000 for
salaries and expenses, $77,666,000 for flood mitigation
activities, a limitation of $55,000,000 for operating expenses,
$529,380,000 for agents' commissions and taxes, and $40,000,000
for interest on Treasury borrowings. Finally, the conferees
agree that up to $20,000,000 may be transferred for expenses
under section 1366 of the National Flood Insurance Act. All of
the foregoing amounts were the same in both the House and
Senate bills.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide for the transfer of up to
$20,000,000 from the National Flood Insurance Fund to the
National Flood Mitigation Fund as proposed by both the House
and the Senate.
ADMINISTRATIVE PROVISIONS
The conferees have included two administrative provisions
which address issues related to funds appropriated in response
to the terrorist incidents of September 11, 2001.
The conferees have included language as proposed by the
House which gives FEMA authority to reimburse the City of New
York and the State of New York for costs which are not
otherwise eligible under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, as amended. The conferees have
deleted a proviso carried by the House which would have limited
funds available for this purpose; however, the conferees do not
support any additional new appropriations for these costs above
amounts already appropriated. The conferees have added a
proviso to the House language which directs FEMA to use
$90,000,000 of funds previously appropriated to support the
long-term medical monitoring of the physical and mental health
of emergency services personnel, rescue and recovery personnel,
and volunteers exposed to environmental contaminants and
psychological trauma in the wake of the terrorist attacks of
September 11, 2001 at the World Trade Center in New York City,
including $25,000,000 for current and retired New York City
firefighters. Activities undertaken are to include clinical
examinations and evaluation, and should build upon existing
activities for baseline and long-term medical monitoring
undertaken with funding appropriated for this purpose in Public
Law 107-117 and other funding provided by FEMA for the purpose
of baseline medical monitoring of emergency services personnel
and rescue and recovery personnel after the events of September
11, 2001, including current and retired New York City
firefighters. In carrying out these activities, FEMA shall work
with the Centers for Disease Control and Prevention, the
National Institute of Occupational Safety and Health, affected
labor organizations, and other relevant parties.
The Federal Emergency Management Agency (FEMA) is
directed to provide, from the Disaster Relief Fund, for the
response to the terrorist attacks of September 11, 2001, up to
$1,000,000,000 to establish a captive insurance company or
other appropriate insurance mechanism. The insurance will
provide the City of New York and its debris removal contractors
with coverage for claims arising from debris removal performed
after collapse of World Trade Center (WTC) buildings on
September 11, 2001, including claims brought by City of New
York employees. This liability insurance may not cover those
claims arising from the terrorist-related aircraft crashes of
September 11, 2001 (liability for which is governed and limited
by Section 408 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. Sec. 40101)), or any actions or
events prior to or including the September 11, 2001 collapse of
the WTC buildings. Further, this liability insurance may not
cover payments claimed by the City of New York for workers
compensation, or disability or retirement benefits. The
contribution of the Federal government to this insurance
mechanism shall not exceed $1,000,000,000. Obligation of funds
under this provision will be contingent on FEMA's prior review
and approval of proposed insurance terms, conditions and scope
of coverage. The State of New York will report not less than
quarterly, beginning on June 30, 2003, to the Committees on
Appropriations and FEMA regarding the expenditure of and
investment earnings from the funds.
Also included is an administrative provision proposed by
the House which specifies that a hospital meeting the standard
for occupancy under regulation established by the California
Office of Statewide Health Planning and Development shall also
have satisfied FEMA's criteria for ``immediate occupancy.''
General Services Administration
FEDERAL CITIZEN INFORMATION CENTER FUND
Appropriates $11,541,000 as proposed by the House instead
of $12,541,000 as proposed by the Senate. The conferees
continue to be supportive of the Federal Citizen Information
Center (FCIC) mission to be a one-stop provider of Federal
information to the public through print, media, telephone, and
online. As FCIC responsibilities expand to better serve the
public within a newly established GSA organization, the
conferees emphasize that the funds appropriated from this
account are available solely for FCIC staffing and activities
to achieve its core mission as presented to and approved by the
Committees on Appropriations of the House and Senate.
Interagency Council on the Homeless
OPERATING EXPENSES
Appropriates $1,500,000 for operating expenses of the
Interagency Council on the Homeless as proposed by the Senate,
instead of no funds proposed by the House. The conferees have
created this new funding account to better coordinate homeless
programs pursuant to the McKinney-Vento Homeless Act. In this
regard the conferees expect HUD to continue providing
administrative support on a reimbursable basis to the Council.
National Aeronautics and Space Administration
Of the amounts approved by the conferees in this
agreement, NASA must limit reprogramming of funds between
programs and activities to not more than $500,000 without prior
notification to the Committees on Appropriations of the House
and Senate. Any activity or program cited in this report shall
be construed as the position of the conferees and should not be
subject to reductions or reprogramming without prior approval.
NASA shall provide outyear implications of all reprogrammings
and operating plan changes should the Committees request the
information.
The conferees are in agreement with the Senate direction
for a report on the risks associated with illegal transfer or
theft of sensitive technologies. The conferees are also in
agreement with the House direction calling for a comprehensive
review of all elements of the Integrated Financial Management
Program with a goal of reducing the overall cost and require
submission of the report no later than April 15, 2003.
The conferees have received the report of NASA's Research
Maximization and Prioritization (ReMAP) task force, which
focused on prioritizing scientific research to be conducted on
the ISS through NASA's Office of Biological and Physical
Research. The conferees agree on the need for a strategy of
prioritized research objectives across multiple disciplines,
and commend NASA for establishing the ReMAP activity.
However, the conferees have several areas of concern
related to the ReMAP process. The conferees are aware that a
number of the ReMAP task force members dissented with the
conclusions in the final report. Several task force members
stated that the ReMAP process did not allow sufficient time or
resources to do a proper job of prioritizing research programs.
Concern was also expressed by some task force members about a
lack of time to review the information reported as ReMAP
conclusions. Finally, the conferees also note NASA's
acknowledgement that the task force did not address ISS
commercialization issues, nor did it consider the research
needs of the Office of Earth Science or the Office of Space
Science in its prioritization activity.
Therefore, the conferees direct NASA to report to
Congress on its plans to establish a process by which
prioritization of research conducted on the ISS occurs on a
regular basis, rather than as a one-time effort. Furthermore,
the conferees encourage that future ISS research prioritization
activities address ISS commercialization programs, as well as
the needs of the Offices of Space and Earth Science.
HUMAN SPACE FLIGHT
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $6,180,900,000 for human
space flight instead of $6,095,900,000 as proposed by the
Senate and $6,130,900,000 as proposed by the House.
Additionally, the conferees have agreed to a limitation of
$35,000 for official reception and representation as proposed
by the Senate instead of $24,000 as proposed by the House.
The conferees have included an additional $50,000,000 for
expenses related to the investigation into the tragic loss of
the space shuttle Columbia on February 1, 2003. This funding
may also be used to correct identified deficiencies and to
defray any other expenses which are a consequence of the
accident. The conferees recognize that the cost of the
investigation and any other implications of the accident may
well exceed the amount provided and will entertain operating
plan changes to accommodate necessary adjustments in the
funding of the various components of this account.
SCIENCE, AERONAUTICS, AND TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $9,207,665,000 for human
space flight instead of $9,144,500,000 as proposed by the House
and $9,003,000,000 as proposed by the Senate. Additionally, the
conferees have agreed to a limitation of $35,000 for official
reception and representation as proposed by the Senate instead
of $24,000 as proposed by the House.
Space Science
The conferees have agreed to provide an increase of
$109,960,000 to the budget request for space science programs.
The conferees agree to the following changes to the
budget request:
1. An increase of $95,000,000 for the Pluto-Kuiper Belt
mission.
2. An increase of $20,000,000 for the Jupiter Icy Moons
Orbiter (JIMO) program.
3. An increase of $1,800,000 for the propulsion testing
facility at the University of Alabama, Huntsville.
4. An increase of $450,000 for the Ultra-lightweight
Electroformed Segmented Large Aperture Optics program at
Alabama A&M University.
5. An increase of $810,000 for the High Energy Photonics
Instrumentation Lab at the University of Alabama, Huntsville.
6. An increase of $3,000,000 for development of a
lightweight carrier pallet to support the Hubble Space
Telescope program.
7. An increase of $19,000,000 to the Mars program to
cover recent cost increases.
8. An increase of $1,800,000 for the Center for Life in
Extreme Environments at Montana State University.
9. An increase of $2,250,000 for the Hubble Telescope
Project at Marshall University, Bridgeport, West Virginia.
10. An increase of $1,350,000 for the Space Science and
Engineering Lab at Montana State University in Bozeman.
11. A decrease of $16,500,000 available due to the
cancellation of the Flight Projects building construction
project at the Jet Propulsion Lab.
12. A decrease of $10,000,000 to the Nuclear Electric
Propulsion program.
13. A decrease of $9,000,000 to the Nuclear Power
program.
The conferees are concerned that the recent Small
Explorer competition may have unfairly judged the Satellite
Test of the Equivalence Principle (STEP) proposal as having too
much technology risk when, in fact, as the conferees
understand, it was through neglect on the part of NASA that the
investigator team did not receive adequate funds as promised to
retire this risk. The conferees direct NASA to conduct an
impartial and thorough evaluation of the Small Explorer
competition and any agreements made prior to the competition to
ensure that the STEP proposal was treated in a fair and just
manner.
The conferees commend NASA for the continued success of
the Hubble Space Telescope and the extraordinary contributions
it has made to the advancement of science. The recent success
of the Hubble servicing mission has underscored the continued
importance of the Hubble Space Telescope (HST). NASA's plan for
HST has been to discontinue servicing missions after 2004 in
order to create a funding wedge for the next generation space
telescope (NGST), the science community's highest priority, and
to return HST to earth in 2010. Due to the loss of Columbia,
the conferees are aware that the current schedule for servicing
HST has potentially been delayed and that the additional delay
could possibly cause degradation of HST earlier than currently
anticipated. The current situation may also require additional
funding for HST. The conferees direct the program manager to
maintain the current schedule for NGST development and not
reduce NGST funds to cover HST shortfalls. The conferees direct
NASA to carry out an in-depth study of an additional servicing
mission (SM5) in the 2007 timeframe that would study operating
HST until the Webb Telescope becomes operational. The study
should address the costs of an additional servicing mission and
the potential scientific benefits. Further, the conferees
direct NASA to study the means for disposing of Hubble
following the deployment of the Webb Telescope in the 2010
timeframe. This study should examine the full range of options
for disposal of the Hubble including relative costs and mission
constraints.
Biological and Physical Research
The conferees have agreed to provide an increase of
$26,505,000 to the budget request for biological and physical
sciences programs.
The conferees agree to the following changes to the
budget request:
1. An increase of $3,600,000 for the Space Radiation
program at Loma Linda University Hospital.
2. An increase of $900,000 for Canisius College for
multi-user scientific equipment in life sciences.
3. An increase of $900,000 for the Institute for
Proteomic and Nanobiotechnology at Northwestern University.
4. An increase of $500,000 for the Center for Research
and Training in gravitational biology at North Carolina State
University.
5. An increase of $4,500,000 for the National Center of
Excellence in Infotonics in Buffalo, New York.
6. An increase of $8,000,000 for procurement of animal
and plant habitats for the international space station.
7. An increase of $3,330,000 for Commercial Space
Centers.
8. An increase of $6,750,000 for the National Space
Biomedical Research Institute.
9. An increase of $900,000 for bone and muscle loss
studies at the University of Connecticut Health Center.
10. An increase of $2,250,000 for the Center for Space
Sciences at Texas Tech University, Lubbock, Texas.
11. An increase of $1,350,000 for interactive biological
crystallization technology development.
12. An increase of $1,350,000 for the Life Sciences
Center at the University of Missouri-Columbia.
13. An increase of $900,000 for the Biomedical
Engineering Facility at Rutgers University, Piscataway, New
Jersey.
14. An increase of $225,000 for bone blood studies
related to human space flight at the University of Vermont.
15. An increase of $2,250,000 for the Life Sciences
building at Brown University, Providence, Rhode Island.
16. A decrease of $11,200,000 from the Generations
program.
Earth Science
The conferees have agreed to provide an increase of
$90,735,000 to the budget request for earth science programs.
The conferees agree to the following changes to the
budget request:
1. An increase of $1,800,000 for the Advanced Tropical
Remote Sensing Center of the National Center for Tropical
Remote Sensing Applications and Resources at the Rosenstiel
School of Marine and Atmospheric Science.
2. An increase of $450,000 for continuation of emerging
research that applies remote sensing technologies to forest
management practices at the State University of New York,
College of Environmental Sciences and Forestry.
3. An increase of $2,250,000 for NASA's Regional
Application Center for the Northeast.
4. An increase of $15,500,000 for the Institute for
Scientific Research for development and construction of
research facilities.
5. An increase of $1,575,000 for on-going activities at
the Goddard Institute for Systems, Software, and Technology
Research, including UAV and remote sensing technology research.
6. An increase of $585,000 for the Center for Marine
Remote Sensing at the University of New Hampshire.
7. An increase of $900,000 for the Clustering and
Advanced Visual Environments Initiative.
8. An increase of $5,400,000 for data storage back-up and
recovery managed services that supports the Goddard Space
Flight Center (GSFC) programs, providing heterogeneous support
to existing information systems and scalability to serve future
requirements.
9. An increase of $8,000,000 to be transferred to the Air
Force Research Laboratory (PE 602204F Aerospace Sensors) to
develop dual-use lightweight space radar technology.
10. An increase of $1,350,000 for the United States
portion of a joint U.S./Italian satellite development program
to remotely observe forest fires.
11. An increase of $1,800,000 for Little River Canyon
field school.
12. An increase of $24,750,000 for the EOSDIS Synergy
Program, $2,250,000 of which is for University of Washington,
Pacific Northwest Regional Collaboratory to develop
applications for earth science data.
13. An increase of $15,400,000 for preformulation studies
for solar irradiance, total column ozone, and ocean vector
winds.
14. An increase of $675,000 for landscape analysis,
planning and monitoring at the Intermountain Region Digital
Image Archive and Processing Center at Utah State University.
15. An increase of $900,000 for an International Earth
Observing System Natural Resource Training Center at the
University of Montana.
16. An increase of $1,800,000 for a joint weather and
ocean research program at the University of Massachusetts and
the University of Alaska.
17. An increase of $1,350,000 for the Bio-MEMS
Microtechnology Center at the University of Louisville.
18. An increase of $1,800,000 for the Center for Rapid
Environmental Assessment and Terrain Evaluation at the
University of New Mexico.
19. An increase of $1,350,000 for the Mid-Atlantic
Geospatial Information Consortium at George Mason University.
20. An increase of $450,000 for upgrades to the ADAS
satellite tracking facility at Morehead State University.
21. An increase of $2,700,000 for earth science education
and remote sensing activities at the University of North Dakota
Upper Midwest Aerospace Consortium, Grand Forks, North Dakota.
22. An increase of $1,350,000 for expansion of the earth
science hall at the Maryland Science Center, Baltimore,
Maryland.
23. A decrease of $3,400,000, available due to the
cancellation of the Flight Projects building construction
project at the Jet Propulsion Lab.
24. An increase of $2,000,000 for the visitor's center at
the Langley Flight Research Center, Langley, Virginia.
Aero-Space Technology
The conferees have agreed to provide an increase of
$76,120,000 to the budget request for aerospace programs.
The conferees agree to the following changes to the
budget request:
1. An increase of $16,000,000 for Intelligent Propulsion
for Next Generation Aircraft to build on and leverage the Ultra
Efficient Engine Technology and Quiet Aircraft Technology
programs.
2. An increase of $2,250,000 for the NASA-Illinois
Technology Commercialization Center at DuPage County Research
Park.
3. An increase of $270,000 for the Rural Technology
Transfer and Commercialization Center of Durant, Oklahoma.
4. An increase of $1,800,000 for the Tulane Institute for
Macromolecular Engineering and Science for research in
polymers.
5. An increase of $1,350,000 for the Glennan Microsystem
Initiative.
6. An increase of $450,000 to be used for continued
development of an electric/diesel hybrid engine at Bowling
Green University.
7. An increase of $5,400,000 for the HITS multilateration
sensor and surveillance server for Airport Surface Detection
and Management System.
8. An increase of $1,530,000 for the development of the
Dynamic Runway Occupancy Measurement System.
9. An increase of $4,500,000 for Project SOCRATES.
10. An increase of $5,800,000 for continuation of the
Space Alliance Technology Outreach Program, including
$2,500,000 for business incubators, in Florida and New York.
11. An increase of $900,000 for the Advanced Interactive
Discovery Environment engineering research program at Syracuse
University.
12. An increase of $4,500,000 for the National Center of
Excellence in Infotonics in Rochester, New York.
13. An increase of $1,350,000 for the Virtual
Collaboration Center at the North Carolina GigaPop.
14. An increase of $1,800,000 for the Garrett Morgan
Commercialization Initiative in Ohio.
15. An increase of $1,150,000 for on-going activities in
support of NASA Dryden Flight Research Center's Intelligent
Flight Control System (IFCS) research project.
16. An increase of $1,125,000 for ongoing research at
Marshall Space Flight Center in the area of advanced and
breakthrough solutions for propulsion.
17. An increase of $7,600,000 for hydrogen research being
conducted by the Florida State University System.
18. An increase of $4,500,000 to develop the JVIEW
modeling and simulation for satellite coverage analysis, ground
radars, and air traffic over the United States.
19. An increase of $450,000 for aerospace projects being
accomplished by the Montana Aerospace Development Authority.
20. An increase of $720,000 for Middle Tennessee State
University for the SATS Aerospace Flight Education Research
Initiative.
21. An increase of $2,700,000 for the Advanced Power
Systems project.
22. An increase of $4,500,000 for the DP-2 vectored
thrust program.
23. An increase of $1,800,000 for the Energy Momentum
Wheel project at Goddard Space Flight Center.
24. An increase of $3,600,000 for NASA's Independent
Verification and Validation Facility.
25. An increase of $900,000 for the COM Simulation
architecture project.
26. An increase of $1,800,000 for equipment for the
Computer Forensics Technology Center at Utica College of
Syracuse University.
27. An increase of $6,300,000 for the Small Aircraft
Transportation System. The conferees are concerned that NASA
has not requested sufficient funding to enable the Small
Aircraft Transportation System (SATS) program to demonstrate
the practical application of the SATS program concept, which
offers the promise of extending reliable point-to-point air
service to smaller communities and has provided this increase.
The additional funding is to be invested through the governance
process of the National Consortium for Aviation Mobility
(NCAM), exclusively for acceleration of regional service
demonstrations that apply those SATS and related technologies
ready for implementation, and for automotive technology
transfer. The conferees expect NCAM to use these additional
funds to accelerate the planning and conduct of SATS regional
service demonstrations in states with strong state, community,
and transportation service provider participation in the NCAM
partnership. This funding for NCAM is in addition to the
$11,750,000 proposed by NASA for fiscal year 2003. Further, the
conferees expect the SATS service demonstrations to provide the
participating communities and their representative
organizations with an opportunity to participate in SATS
transportation service demonstrations, an analysis of economic
impacts and related implications of improved air access to
smaller communities, and an explanation of the technologies
behind the concept.
28. An increase of $450,000 for Advanced Space Propulsion
Material Research and Technology Center at Alabama A&M
University.
29. An increase of $900,000 for high temperature
nanotechnology research.
30. An increase of $3,000,000 for the Chesapeake
Information Based Aeronautics Consortium based in partnership
at Morgan State University, Baltimore, Maryland, Bowie State
University and the University of Maryland, Eastern Shore.
31. An increase of $2,700,000 for the Stennis Space
Center for the development of a visitor's center.
32. An increase of $2,700,000 for the North Alabama
Science Center in Huntsville, Alabama for the acquisition,
networking, and operation of additional immersive reality
science laboratories on behalf of the Alabama Science Center
Alliance to assure statewide science education program access
by Alabama's K-12 students and teachers.
33. An increase of $2,700,000 for the University of
Alabama in Huntsville to augment the UAH Propulsion Test
Facility.
34. An increase of $675,000 for the National Institute
for Aviation Research for Icing Aviation Safety Research in
Kansas.
35. An increase of $4,050,000 for propulsion test complex
upgrades and other basic infrastructure upgrades at the Stennis
Space Center.
36. An increase of $1,800,000 for the National Technology
Transfer Center at Wheeling Jesuit University.
37. An increase of $3,600,000 for development of advanced
metallic joining technologies for aerospace applications at the
Michoud Space Center.
38. An increase of $4,450,000 for information technology
infrastructure improvements at NASA facilities.
39. An increase of $3,150,000 for a Center of Excellence
for Aerospace Propulsion Particulate Emissions Reduction at the
University of Missouri-Rolla.
40. A decrease of $40,000,000 to the Space Launch
Initiative program. The conferees have taken this action
without prejudice. The conferees note that the Congress
received a budget amendment on November 7, 2002, which
restructured the Space Launch Initiative with the goal of
developing an Orbital Space Plane with ISS crew return
capability by 2010. Fiscal year 2003 funding for the Orbital
Space Plane was set at $296,000,000 in the budget amendment.
This funding level is not endorsed or denied by the conferees
and is therefore subject to change by NASA as it formulates its
operating plan for fiscal year 2003. The conferees look forward
to working with NASA during the review of the fiscal year 2004
budget request to learn more precisely the elements that
comprise the cost estimates NASA has provided in the budget
amendment and other documents submitted to the Committees on
Appropriations of the House and Senate.
The conferees note that neither House nor Senate bills
and reports contained any direction on the rotorcraft
technology program because there was no request for funding in
the fiscal year 2003 budget submission. However, the conferees
are aware of general NASA interest in the program and that the
Army may be willing to be more engaged in this effort in the
future. Therefore, while the conferees were not able to
identify funding to continue the program, NASA is encouraged to
look at funding options and present them to the Committees on
Appropriations of the House and Senate in an operating plan
letter if so desired.
Academic Programs
Within the Academic programs portion of this account, the
conferees recommend an increase of $59,845,000 to the budget
request. The conferees have made the following adjustments to
the budget request:
1. An increase of $225,000 for Niagara University for
science, engineering and math programs.
2. An increase of $1,080,000 for the NASA Educator
Resource Center at South East Missouri State University.
3. An increase of $900,000 for the Carl Sagan Discovery
Science Center at the Children's Hospital at Montefiore Medical
Center to implement the educational programming for this
science learning project.
4. An increase of $2,250,000 for the JASON Foundation.
5. An increase of $3,600,000 for continuation of programs
at the American Museum of Natural History.
6. An increase of $900,000 for academic and
infrastructure needs at St. Thomas University in Miami,
Florida.
7. An increase of $900,000 for the Ohio View Consortium.
8. An increase of $2,700,000 for the Alabama Math,
Science, and Technology initiative.
9. An increase of $2,250,000 to the Educational
Advancement Alliance to support the Alliance's math, science,
and technology enrichment program.
10. An increase of $5,000,000 for the National Space
Grant College and Fellowship program.
11. An increase of $450,000 for Science, Engineering,
Math and Aerospace Academy programs at Central Arizona College.
12. An increase of $1,800,000 for the Center for Science
and Math at the University of Redlands.
13. An increase of $900,000 for the Chabot Space and
Science Center for math and science education.
14. An increase of $1,800,000 for the City College of New
York to establish a community-based science and technology
education facility.
15. An increase of $450,000 for Science, Engineering,
Math and Aerospace Academy programs at Livingston College.
16. An increase of $495,000 for the Patriots Technology
Training Center in Seat Pleasant, Maryland.
17. An increase of $5,400,000 for the EPSCoR program for
a total funding level of $10,000,000, the same as fiscal year
2002.
18. An increase of $720,000 for Science, Engineering,
Math, and Aeronautics Academy in Miami, Florida.
19. An increase of $900,000 for the Delaware Aerospace
Education Foundation, Kent County, Delaware.
20. An increase of $900,000 for the Monroe Science Center
at Wesleyan College, Macon, Georgia.
21. An increase of $900,000 for the Center of Excellence
in Telecommunications and Space at Morehouse College, Atlanta,
Georgia.
22. An increase of $900,000 for the Henry Crown Space
Center at the Museum of Science and Industry, Atlanta, Georgia.
23. An increase of $2,250,000 for non-destructive
evaluation studies at Iowa State University, Ames, Iowa.
24. An increase of $675,000 for the Des Moines Science
Center, Des Moines, Iowa.
25. An increase of $675,000 for the California Science
Center.
26. An increase of $1,800,000 to the South Carolina
Association of School Administrators, Columbia, South Carolina
for the Blue Ribbon School Reform Project and Interactive
Library.
27. An increase of $1,800,000 for the School of Science
and Mathematics at the College of Charleston, Charleston, South
Carolina.
28. An increase of $3,600,000 for the Mauna Kea Astronomy
Education Center at the University of Hawaii, Hilo.
29. An increase of $1,800,000 for the Wisconsin
Initiative for Math, Science and Technology Education at the
University of Wisconsin, Green Bay.
30. An increase of $3,000,000 for an endowment for
science and engineering education at the Mitchell Foundation,
Portland, Maine.
31. An increase of $675,000 for minority recruitment in
science and engineering at the University of Arkansas, Little
Rock.
32. An increase of $900,000 for the Oregon Museum of
Science and Industry.
33. An increase of $450,000 for advance research in
batteries and fuel cells at Virginia Commonwealth University.
34. An increase of $1,800,000 for the construction of a
Gulf of Maine Laboratory at the Gulf of Maine Aquarium
Foundation.
35. An increase of $900,000 for the University of North
Carolina-Chapel Hill for the Destiny Mobile Science Laboratory.
36. An increase of $450,000 for the development of a
rooftop observatory for Widener University in Pennsylvania.
37. An increase of $1,350,000 for infrastructure and
research needs at the University of Missouri Center for Gender
Physiology.
38. An increase of $1,800,000 for the North Rockies
Center for Space Privatization and Microgravity Research at the
University of Montana-Missoula.
39. An increase of $500,000 for science and information
technology programs at West Liberty State College in West
Virginia.
OFFICE OF INSPECTOR GENERAL
The conferees agree to appropriate $25,600,000 for the
Office of Inspector General instead of $24,600,000 as proposed
by the House and $26,600,000 as proposed by the Senate.
ADMINISTRATIVE PROVISIONS
The conferees agree to include three administrative
provisions which have been included in prior appropriations
Acts.
The House included an administrative provision that would
have precluded expenditures for implementation of a non-
governmental organization for International Space Station (ISS)
research before December 31, 2003. The Senate was silent on
this issue.
The conferees believe strongly that a sound management
approach for ISS research is critical to ensuring that
scientific benefit is maximized. The investment of scarce
taxpayer funds in the development of the ISS has been too great
to leavemanagement of ISS research to a ``business as usual''
approach. For this reason, legislative prohibitions against
establishment of an NGO were included in the fiscal year 2001 and
fiscal year 2002 appropriations Acts, as the Committees on
Appropriations have awaited submission of a comprehensive plan by NASA.
The Congress has recently received the Report of NASA's
ISS Utilization Management Concept Development Study. The plan
outlines 10 business models and, based on objective criteria,
recommends an institute be adopted as the preferred management
approach. Furthermore, the plan outlines a phased approach that
would initially focus on leadership and advocacy functions and
would defer a decision on the possible inclusion of engineering
and integration functions.
The conferees endorse Phase 1 (inclusion of leadership
and advocacy functions), which is similar to what has been so
successfully demonstrated in the Hubble Space Telescope
Institute (HSTI) model. The conferees wish to point out,
however, that management of research for the ISS is much more
complex than that of the HSTI, and acknowledge NASA's
recognition of this intricacy, demonstrated through its
proposal of a phased approach.
In order to ensure the chances for successful
implementation of this very complicated process, the conferees
have included an administrative provision that limits any
proposed contractual action to that of leadership and advocacy.
The conferees direct NASA to report on the status of NGO
implementation as well as means of determining research
priorities. The first report is due March 15, 2003.
The conferees have not included an administrative
provision proposed by the Senate which would have prohibited
the use of any funds for the purchase of items proposed for
acquisition in RFP5-55151-GCE.
The conferees have included a new administrative
provision which gives NASA authority to establish a working
capital fund. The House had proposed establishment of this fund
in title IV, general provisions.
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
The conferees have held the cap on the Central Liquidity
Facility (CLF) lending activities from borrowed funds at
$1,500,000,000 as proposed by the House and Senate.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
The conferees have provided $1,000,000 to the Community
Development Revolving Loan Fund (CDRLF) as proposed by both the
House and Senate. Within this amount, $300,000 is provided to
augment funds available for technical assistance grants for
fiscal year 2003.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
Appropriates $4,083,000,000 for research and related
activities instead of $4,150,000,000 as proposed by the House
and $4,081,650,000 as proposed by the Senate. The conferees
have included bill language which provides up to $320,000,000
for polar research and operations support and $85,000,000 for a
comprehensive research initiative on plant genomes for
economically significant crops.
The conference agreement provides $4,083,000,000 for
ongoing and new research priorities of the Foundation, an
increase of nearly $500,000,000 above the fiscal year 2002
level. In allocating this increased funding to the
directorates, NSF is expected to give a high priority to
increasing research opportunities for investigator initiated
research in the core scientific disciplines. In addition, NSF
is urged to use the growth in its resources to make a marked
and substantial increase in the average award, as well as
increase the number of awards being made with a particular
effort to include those individuals and institutions not well
represented in the Nation's research enterprise. The specific
funding level for each of NSF's research activities is as
follows:
1. $574,886,000 for Biological Sciences. Of this amount,
$85,000,000 has been provided for plant genome research on
economically significant crops, including an initiative which
pursues the sequencing of one or more economically important
crops. The conferees expect that NSF will complete such
sequencing of at least one of these crops by 2004. In addition,
$26,000,000, the budget request, is provided for Biocomplexity
in the Environment research.
2. $582,235,000 for Computer and Information Science and
Engineering. Up to $12,500,000 of the appropriated level may be
used for operational support of the two terascale facilities.
In addition, the conferees expect NSF to provide adequate
resources for information technology research, including cyber
security research for individual investigators and multi-
disciplinary research centers, as well as for advanced
broadband research as outlined in Senate Report 107-222.
3. $534,057,000 for Engineering.
4. $689,211,000 for Geosciences. The Foundation is
expected to provide adequate funding to augment support for the
national user facilities within this directorate as well as to
move forward on the integrated ocean drilling program.
5. $1,041,165,000 for Mathematical and Physical Sciences.
Of this amount, $179,617,000 is for Mathematics programs and
not less than $222,169,000 is for Physical Science programs.
The conferees further agree that adequate resources be provided
in support of the National High Magnetic Field Laboratory, the
Cyclotron and Synchrotron Radiation Facilities, and other such
important research facilities. The Foundation is directed to
provide, by August 31, 2003, a report which documents what has
been accomplished as a result of the growth in mathematics
research funding.
For Astronomical Sciences within the MPS Directorate,
$4,000,000 is provided for the Telescope Systems
Instrumentation Program (TSIP), $6,000,000 is for the National
Radio Astronomy Observatory program, $4,200,000 is for the
National Optical Astronomy Observatories, and $2,000,000 is for
the National Optical Astronomy and Ionosphere Center. In
addition, the conferees agree that NSF should provide adequate
support for preparatory work for the Giant Segmented Mirror
Telescope (GSMT).
6. $192,309,000 for Social Behavioral and Economic
Sciences. Of this amount, $6,000,000 is for the Children's
Research Initiative.
7. $252,330,000 for U.S. Polar Research Programs. The
conferees agree that OPP should report at the earliest
practicable time on the necessary work and costs associated
with the repair, upgrading, and replacement of NSF's research
and support facilities in Antarctica. Upon completion of this
report,funds available through this and other appropriations
may be used for planning, design, pre-construction, and construction
activities as identified in the report. In addition, the conferees
agree that with the funds provided, OPP may execute necessary
contractual arrangements in preparation for the Foundation's plan for
mechanical traverse between McMurdo Station and Amundson-Scott South
Pole Station.
8. $69,003,000 for U.S. Antarctic Logistical Support
Activities.
9. $147,804,000 for Integrative Activities, including
$84,000,000 for Major Research Instrumentation (MRI) and
$5,000,000 for the Innovation Partnership Program (IPP). To the
extent possible, NSF should utilize funds in excess of the
budget request to support the merit-based instrumentation and
infrastructure needs of developing, HBCU, and other minority-
serving colleges and universities. With this regard to the IPP,
NSF is directed to support competitive, merit-based
partnerships, consisting of States, local and regional
entities, industry, academic institutions, and other related
organizations for innovation-focused local and regional
technology development strategies.
Within amounts made available in this account, the
conferees expect the NSF to provide up to $750,000 in support
of the National Academy of Sciences' work to develop a process
for prioritizing projects funded through the Major Research
Equipment and Facilities Construction account.
The conferees are aware that there has been confusion in
recent years regarding the Smithsonian Institution's
eligibility to compete for grants at the National Science
Foundation. This problem was recently identified as a
significant issue in the National Academy of Public
Administration's review of Smithsonian science programs
released in October 2002. The conferees are concerned that this
confusion has persisted despite recent internal NSF policy
directives clarifying that the Smithsonian is fully eligible to
compete for National Science Foundation grants. The conferees
strongly urge the Director of the National Science Foundation
to make sure that Smithsonian grant applications are welcomed
by all programs at the Foundation and given fair consideration
with all other applications based on the merits of the
proposals.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
Appropriates $149,510,000 for major research equipment
and facilities construction instead of $159,510,000 as proposed
by the House and $59,280,000 as proposed by the Senate.
Included within the appropriated amount is $9,720,000 for the
Large Hadron Collider; $13,560,000 for the George E. Brown, Jr.
Network for Earthquake Engineering Simulation; $25,530,000 to
complete development of the High-Performance Instrumented
Airborne Platform for Environmental Research (HIAPER);
$10,000,000 for support of the Terascale Computing System and
the Distributed Terascale Facility; $24,700,000 for continued
research and development of the IceCube Neutrino Detector
Observatory in Antarctica; $30,000,000 for construction of the
Atacama Large Millimeter Array (ALMA) aperture-synthesis radio
telescope; $6,000,000 for construction costs associated with
expansion of new facilities at the Amundson-Scott South Pole
Station; and $30,000,000 for initial costs associated with the
new Earthscope project.
The conferees have, without prejudice, not funded the
National Ecological Observatory Network (NEON) project in
fiscal year 2003.
The conferees direct the Foundation to include in its
fiscal year 2003 Operating Plan a report detailing approved
budgeted and actual expenditure information on each research
facility and equipment funded through this account.
EDUCATION AND HUMAN RESOURCES
Appropriates $909,080,000 for education and human
resources instead of $910,580,000 as proposed by the House and
$932,730,000 as proposed by the Senate. The conferees agree to
the following funding levels within this account:
1. $127,500,000 for the Math and Science Partnership
program. The Foundation is strongly urged to provide regular,
detailed information to the Committees on Appropriations
regarding the planning and execution of this initiative.
2. $40,250,000 for Educational System Reform.
3. $90,000,000 for the Experimental Program to Stimulate
Competitive Research (EPSCoR) program.
4. $177,440,000 for Elementary, Secondary and Informal
Education. Within this level of funding, $61,000,000 has been
provided for the Informal Science program, an increase of
$6,000,000 above the budget request.
5. $160,600,000 for Undergraduate Education. Of the
amount appropriated herein, $43,160,000 has been provided for
the Advanced Technological Education (ATE) program, $22,000,000
is for the STEM Talent Expansion Program (STEP), and $7,000,000
is for the Robert Noyce Scholarship Program. These funding
levels represent increases above the budget submission of
$5,000,000, $20,000,000 and $3,000,000, respectively.
6. $140,880,000 for Graduate Education. The conferees
have provided an increase of $12,500,000 above the budget
request to increase graduate level stipends for the research
and teaching fellowship programs and the trainee program
administered by the Foundation through its Graduate Education
program. The conferees support increasing the graduate stipend
level to $27,500 during fiscal year 2003 as the first of what
is expected to be a two-year process to reach a stipend level
of $30,000.
7. $105,210,000 for Human Resource Development. Within
this funding level, $31,530,000 is provided for the Louis
Stokes Alliances for Minority Participation (LSAMP) program, an
increase of $5,000,000 above the budget request. In addition,
$18,900,000, an increase of $5,000,000 above the request, has
been provided for the Historically Black Colleges and
Universities Undergraduates Program (HBCU-UP).
The conference agreement additionally provides for an
increase of $5,000,000 for the HBCU Research University Science
and Technology (THRUST) initiative within the Centers of
Research Excellence in Science and Technology (CREST) program.
While the conferees agree that eligibility for THRUST should
not exclude CREST recipients, NSF is directed to firstuse
fiscal year 2003 program funds to fully fund multi-year awards to
recipients of THRUST awards in the program's first year.
8. $67,200,000 for Research, Evaluation and
Communication.
SALARIES AND EXPENSES
Appropriates $190,352,000 for salaries and expenses
instead of $193,852,000 as proposed by the House and
$182,160,000 as proposed by the Senate. The conference
agreement will permit the employment of an additional 25 full
time equivalent personnel for a total workforce of 1175, and
will provide an increase of $15,000,000 above the fiscal year
2002 level for General Operating Expenses.
The conferees are strongly supportive of the National
Science Foundation and committed to its mission of providing
national leadership and federal financial support of research
as the basis for scientific and social advancement for the
nation and for the entire world. This commitment is reflected
in the substantial increase provided in this Act for the NSF
for fiscal year 2003.
As Congress, the executive branch and the American people
begin to consider a multi-year build-up of financial support
for the NSF, however, the conferees also believe that a review
of the agency's organizational, programmatic and personnel
structures is appropriate and can provide assurance to the
public that the agency is positioned to maximize the
opportunities which increased funding can create. The conferees
have allocated $1,000,000 within the Agency's ``Salaries and
Expenses'' appropriation for a contract with the National
Academy of Public Administration (NAPA) to conduct such a
study. The conferees expect this contract to be awarded within
60 days of approval of this measure.
Without prejudicing the outcome of this NAPA review, the
conferees are concerned about the following issues:
Organizational and program structure. Over the last
decade the NSF has evolved into a very complex and multi-
layered system of directorates, sub-directorates and programs
each with its own leadership and budget. This organizational
structure is then managed and evaluated against a system of
goals which were established under the Government Performance
and Results Act as well as a set of six cross-cutting priority
areas which change from year to year. All programs are required
to justify themselves according to how they serve both the
goals and the priorities. Assets flow and personnel are
evaluated based on such evaluations even though not every
program clearly is designed to serve every goal and every
priority. There is concern that this system, each aspect of
which may have been created with the best of intentions, may
have become overly bureaucratic. Some observers have
characterized this current structure as both Byzantine and
balkanized. This reflects a concern that the system is broken
up into large numbers of parts which may channel significant
portions of research funding into narrow areas making it
difficult for researchers to follow broader interdisciplinary
projects or innovative research areas not yet reflected in
NSF's view of scientific opportunity. Because recent NSF budget
requests have heavily favored the agency's own priority areas
at the expense of research in core disciplines, investigators
often feel compelled to apply for support in certain areas
because of a sense that proposals which do not fit into NSF's
priorities are significantly disadvantaged. The conferees
believe that a thoughtful review should ask whether the current
NSF organization and management structure and its goal and
priority systems should be simplified or changed.
The balance between field driven and NSF driven science
priority setting. Second, but clearly related, the conferees
believe that this review should consider whether the NSF's
approach to its stewardship mission creates the proper balance
between necessary and appropriate levels of agency leadership
of NSF sponsored science and the need to ensure that this
research remains principally investigator initiated work. A
corollary question is whether the structure of NSF and
management control of its priority setting methodologies have
negatively influenced the balance between NSF initiatives and
appropriate resource allocations for core science investments.
The underlying principle around which NSF was founded and
which the conferees believe is still the pedestal upon which
the success of America's taxpayer supported research rests is
that both the choice of research priorities and the choice of
individual projects should flow principally from practicing
scientists in the field as expressed through organized systems
of advice and through external peer review. The conferees
believe that it is appropriate to review whether the balance of
power in setting research priorities is the appropriate one or
whether NSF has become too directive in managing its research
portfolios.
Role of the National Science Board. The NSF is unique in
entrusting both advisory and executive authority for the agency
in an ``independent'' board appointed by the president. Recent
Congressional action has highlighted, however, the concerns
about the relationship between the Board and the agency and its
Director and in particular the issue as to how independent the
Board is able to operate given its dependence on the Agency for
financial support and personnel. The conferees request that the
organizational review of NSF here directed include an analysis
of the extent to which the Board has fulfilled its original
purpose and a review of the role and the structure of the Board
in the future.
Personnel policies. The NSF has chosen over the years to
rely significantly on contractual and on temporary personnel
assigned to the agency under the IPA system to manage its
science programs including its grant selection processes.
Almost one-tenth of the over 1000 staff of the agency are
university based researchers detailed to NSF under the
Intergovernmental Personal Act (so-called IPA's) and over 200
are contractors. The assignment of non-permanent personnel to
management positions now includes the heads of its science
directorates. The advantage of this system is a continuous flow
of individuals from the field who are current in their science.
The disadvantage, however, is a cadre of agency personnel,
including some of its most senior staff, who have less
experience and could have split loyalties between their federal
roles and their past or future employment base. The conferees
believe a thoughtful review of the agency's structure should
include an evaluation of the use of temporary staff and term
appointments, especially to the extent this involves the heads
of the science directorates.
In laying out these particular concerns, the conferees do
not mean this to be an exclusive list. The review by NAPA
should be carried out by very senior and thoughtful persons who
should feel free to analyze any other factors which the group
believes are central to the question of determining what
organizational, programmatic and personnel systems will
facilitate the most effective partnership between the National
Science Foundation and the scientific community for the benefit
of the nation.
OFFICE OF THE NATIONAL SCIENCE BOARD
Appropriates $3,500,000 for the National Science Board as
proposed by the Senate. The House had included these NSB
operational funds within the Salaries and Expenses account as
has been the practice in past years. A representational
allowance of $9,000 has been provided for the Board.
Recently approved legislation authorized a separate
funding stream for the Board, and the conferees have responded
by creating this new appropriations account. The amount
provided is expected to be sufficient for all costs associated
with NSB personnel payroll and benefits as well as other
appropriate expenses. The conferees acknowledge this action is
intended to provide a measure of independence between the Board
and the Foundation, but nevertheless expect NSF to continue to
provide accounting, logistics, and other necessary measures in
support of the Board and its mission. The conferees request
that budget justification materials in support of the National
Science Board's fiscal year 2004 funding requirements be
submitted to the Committees on Appropriations within 30 days of
enactment of this measure.
OFFICE OF INSPECTOR GENERAL
Appropriates $9,250,000 for the Office of Inspector
General instead of $9,000,000 as proposed by the House and
$9,660,000 as proposed by the Senate.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
The conferees agree to provide $105,000,000 for the
Neighborhood Reinvestment Corporation as proposed by the House
instead of $110,000,000 as proposed by the Senate.
Language is included in the bill which designates
$5,000,000 to support the Corporation's section 8 homeownership
program, as proposed by the Senate. The House had proposed a
set-aside for this purpose of $10,000,000. The conferees have
further agreed to designate $5,000,000 to support additional
mixed-income affordable rental developments.
Selective Service System
SALARIES AND EXPENSES
Appropriates $26,480,000 for salaries and expenses as
proposed by both the House and the Senate.
TITLE IV--GENERAL PROVISIONS
The conference agreement includes the following
dispositions of General Provisions:
Retains fifteen administrative provisions proposed by
both the House and the Senate, all of which were included in
the fiscal year 2002 Act.
Deletes language proposed by the Senate limiting travel
expenses.
Deletes language proposed by the Senate requiring
approval for the Department of Veterans Affairs to enter into
leases of real property with an estimated cost of over
$300,000. The conferees included an identical provision in
title I, as proposed by the House.
Retains language proposed by the House prohibiting
transfers to any department, agency or instrumentality of the
United States Government established after the date of
enactment of this Act except as provided in a future
appropriations Act.
Retains language proposed by the House amending the
Stafford Act by reducing to 7.5 percent the set-aside for
hazard mitigation grants.
Deletes language proposed by the House amending the
Consumer Product Safety Act.
Deletes language in this title proposed by the House
establishing a working capital fund for NASA and instead
includes a similar provision under title III, NASA
administrative provisions.
Modifies language proposed by the House granting NASA
enhanced-use lease authority by adding new conditions.
Deletes language proposed by the House granting NASA
authority to convey utility systems to a municipal, private,
regional, district, or cooperative utility company or other
qualified entity.
Deletes language proposed by the House extending buyout
authority in NASA.
Retains language proposed by both the House and Senate
reducing FEMA's State cost share requirements for construction
of emergency operations centers from 50 percent to 25 percent.
Deletes language proposed by the Senate allowing the
Department of Housing and Urban Development and the Selective
Service System to purchase uniforms, passenger motor vehicles,
and services as authorized by law. The conferees included
identical language under the respective appropriating
paragraphs for each agency as proposed by the House.
Retains language proposed by the Senate prohibiting the
procurement of automobiles rated less than 22 miles per gallon.
Retains language proposed by the Senate amending the
Federal Fire Prevention and Control Act of 1974 by recognizing
Alaska Village Initiatives as an eligible grantee for
assistance.
Retains language proposed by the Senate authorizing the
Secretary of the Department of Homeland Security to acquire
178.5 acres in Clarke and Loudoun Counties, Virginia.
Deletes language proposed by the Senate directing a long-
term health study of emergency service personnel. The conferees
have instead included a similar provision as an administrative
provision under FEMA.
Deletes language proposed by the Senate amending
permanent law to expand eligibility for Federal housing
assistance to certain groups of aliens. The conferees direct
the Department to work with the Department of Justice to
develop any necessary technical corrections to applicable
housing statutes with respect to qualified aliens who are the
victims of domestic violence and Cuban and Haitian immigrants
to ensure that such statutes are consistent with the Personal
Responsibility and Work Opportunity Act of 1996 and the Illegal
Immigration Reform and Personal Responsibility Act of 1996.
A provision was included in the Senate bill under
Division I, Transportation and Related Agencies, directing EPA
to contract with the National Academy of Sciences. The
conferees have included an identical provision as an
administrative provision under EPA.
Includes new language amending title 31 of the United
States Code regarding passenger carrier use by the NASA
Administrator.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2003 recommended by the Committee of Conference,
with comparisons to the fiscal year 2002 amount, the 2003
budget estimates, and the House and Senate bills for 2003
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2002... $123,820,208
Budget estimates of new (obligational) authority, fiscal
year 2003........................................... 124,979,700
House bill, fiscal year 2003............................ 122,596,881
Senate bill, fiscal year 2003........................... 121,925,545
Conference agreement, fiscal year 2003.................. 121,927,337
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2002.............................................. -1,892,871
Budget estimates of new (obligational) authority,
fiscal year 2003.................................. -3,052,363
House bill, fiscal year 2003........................ -669,544
Senate bill, fiscal year 2003....................... +1,792
DIVISION L--HOMELAND SECURITY ACT OF 2002 AMENDMENTS
In implementing this agreement, the departments and
agencies affected in this division shall comply with the
language and instructions set forth in the Senate explanatory
statement as delineated in the Congressional Record of January
15, 2003, page S838, that are not otherwise contradicted by the
committee of conference.
The conference agreement includes section 101, as
proposed by the Senate, that modifies section 308 and
subsection 835(d) of the Homeland Security Act, respectively,
by (1) expanding the discretion of the Homeland Security
Secretary in his application of listed criteria, and
authorizing him to consider additional criteria beyond those
specified in the section when designating any of the nation's
colleges or universities as a college- or university-based
center for homeland security that shall conduct extramural
research; and (2) limiting the authority of the Homeland
Security Secretary to waive the prohibition on entering into
contracts with corporate expatriates by restricting the waiver
authority only to contracts for which the Secretary determines
that the waiver is required in the interest of homeland
security. The House bill contained no similar provision.
The conference agreement expands the discretion of the
Secretary of the Department of Homeland Security in his
application of the listed criteria when designating any of the
nation's colleges or universities as a college- or university-
based center for homeland security. Such a center is part of
the Secretary's broad authority to conduct extramural research
under grants, cooperative agreements and contracts. Designating
a center or centers is just one way in which the Secretary's
authority can be used.
The conference agreement includes section 102, as
proposed by the Senate, which repeals sections 1714 through
1717 of the Homeland Security Act as if such sections never
were effective and replaces these sections with alternative
language regarding the application of the Public Health Service
Act and a rule of construction with respect to prior law and to
Leroy v. Secretary of Health and Human Services, Office of
Special Master, No. 02-392V (October 11, 2002). No legal
inference regarding existing law prior to or after the
enactment and repeal of these sections shall be drawn by the
courts from the enactment and subsequent repeal of these
provisions. The repeal leaves unaffected pre-existing case law,
such as Leroy v. Secretary of Health and Human Services. The
conference agreement modifies a Sense of the Senate provision
to a Sense of the Congress that the Senate Committee on Health,
Education, Labor, and Pensions and the House Committee on
Energy and Commerce should report legislation within six months
to protect the public health and the nation's ability to
produce existing vaccines and develop new vaccines. The House
bill contained no similar provision.
The conference agreement includes section 103, as
proposed by the Senate, which modifies sections 232(f), 234(b),
873(b), and 1511(e)(2) of the Homeland Security Act. These
modifications would, respectively: ensure that transfers of
funds, personnel, and assets within and from the Department of
Justice are governed by the procedures established in section
605 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2002;
permit the Coast Guard to use pre-existing authority to accept
gifts and donations of services; and permit the Coast Guard to
continue to receive funds from the aquatic resources trust fund
of the highway trust fund for boating safety programs. The
House bill contained no similar provision.
In addition, the conferees have agreed to include in
section 103, as proposed by the Senate, a provision adding a
new section 1714 to the Homeland Security Act that requires
that any report or notification to, or consultation with, the
Congress or any Congressional committee required by the
Homeland Security Act, and addressing directly or indirectly
the use of appropriated funds, also be submitted to or held
with the Committees on Appropriations of the Senate and the
House of Representatives. The House bill contained no similar
provision.
The conference agreement replaces a provision (section
104) proposed by the Senate relating to certain waivers of
contracts with corporate expatriates. The substitute provision
makes changes to the Homeland Security Act of 2002 (Public Law
107-296) and the Inspector General Act of 1978 (Public Law 95-
452) relating to the Inspector General of the Department of
Homeland Security. The House bill contained no similar
provision.
The conference agreement includes a provision (section
105) relating to the transfer of the Attorney General's
authorities under the Immigration and Nationality Act to the
Secretary of Homeland Security.
The conference agreement includes a savings provision
(section 106), as proposed by the Senate, relating to pending
or completed administrative actions, any proceeding, and
pending civil actions with respect to the transfer mandated by
the Homeland Security Act of the Bureau of Alcohol, Tobacco,
and Firearms to the Department of Justice from the Department
of the Treasury. The House bill contained no similar provision.
The conference agreement includes a provision (section
107), as proposed by the Senate, which repeals section 457 of
the Homeland Security Act, including the amendment made by that
section, relating to the costs and funding of certain
immigration services. The conferees also modified this section
to address court jurisdiction matters.
The conference agreement deletes a Sense of the Senate
provision (section 107) that states that Senate conferees
should insist that the Joint Conference adopt section 102 of
the Senate amendment. The House bill contained no similar
provision.
The conferees agree that several specific provisions of
the Homeland Security Act directly or indirectly address the
oversight and use of appropriated funds and that the Senate and
House Committees on Appropriations will review such sections in
depth.
DIVISION M--OTHER MATTERS
DEFENSE RELATED TECHNICAL CORRECTIONS
The conferees considered section 5 of H.J. Res. 2 as
passed the House, and Division M of H.J. Res. 2 as amended by
the Senate. The conference agreement includes an amended
version of Division M, as described below.
The conferees recommended retaining and amending a number
of general provisions, proposed by either the House or Senate,
which make technical and other adjustments regarding funding
and activities provided for in Public Laws 107-248 and 107-249
(the Defense Appropriations Act, 2003, and the Military
Construction Appropriations Act, 2003, respectively). In
addition, in section 109 of this division the conferees
recommend new appropriations totaling $10,000,000,000, pursuant
to requests from the White House, for selected military and
intelligence activities in support of the global war on
terrorism.
Of this amount, $3,900,000,000 is for classified programs
in support of the global war on terrorism and other critical
anti-terrorism initiatives. These programs are described in a
classified annex accompanying this joint statement. The
remaining $6,100,000,000 is for reimbursement of personnel and
operational costs incurred during the first quarter of the
current fiscal year by the Department of Defense as a result of
Operation Enduring Freedom; Operation Nobel Eagle; and related
activities in the war on terrorism and homeland security
operations. These funds are to be allocated as follows.
Military Personnel
The conference agreement includes $1,617,000,000 for
active duty pay and allowances costs incurred from October
through December 2002. This includes incremental cost increases
in hostile fire pay, family separation allowances, hardship
duty pay, subsistence and additional readiness/stop-loss
personnel. Also covered are pay and allowances for the first
quarter costs associated with mobilized Reservists and National
Guardsmen.
(In thousands of dollars)
Conference Amount
Military Personnel, Army................................ $771,200
Military Personnel, Navy................................ 213,800
Military Personnel, Marine Corps........................ 68,600
Military Personnel, Air Force........................... 563,400
Operation and Maintenance
The conference agreement includes $4,387,900,000 for
operations costs incurred from October through December 2002.
These include personnel support costs (temporary duty,
clothing, personal equipment and supplies, medical support and
services, and subsistence); operating tempo costs (including
incremental ship steaming days and aircraft flying hours,
materials and services supporting operations, fuel, and spare/
repair parts); and costs associated with the transportation of
personnel, equipment and material.
(In thousands of dollars) Conference Amount
Operation and Maintenance, Army......................... $1,210,000
Operation and Maintenance, Navy......................... 378,300
Operation and Maintenance, Marine Corps................. 202,100
Operation and Maintenance, Air Force.................... 1,686,300
Operation and Maintenance, Defense-Wide................. 911,200
(U.S. Special Operations Command.................... 531,100)
(Defense Logistics Agency........................... 289,700)
(Defense Information Systems Agency................. 51,200)
(Defense Threat Reduction Agency.................... 39,200)
Defense Health Program
The conference agreement includes $95,100,000 for the
Defense Health Program, for the costs of replacement personnel
to perform essential duties of deployed personnel;
transportation costs to points of embarkation; funding for
temporary duty in order to sustain essential health care
services at military treatment facilities and in the private
sector; additional funds for health care to support mobilized
Reservists and their families; the costs of immunizations for
personnel being deployed, and force protection.
Reprogramming Thresholds
The conferees agree to amend the Senate's recommendation
to raise the thresholds for internal reprogramming actions. The
conferees agree to increase reprogramming thresholds as
proposed by the Senate, for Procurement and Research,
Development, Test and Evaluation appropriations accounts for
the remainder of fiscal year 2003. Changes to reprogramming
thresholds are effective upon enactment of the accompanying Act
and apply to fiscal year 2003 Procurement and Research,
Development, Test and Evaluation appropriations. The Department
shall submit Prior Approval reprogramming requests, DD Form
1415-1, in those instances when reprogramming of funds exceed
the following thresholds:
An increase or decrease of $20,000,000 for program year
2003/2005 appropriations for a Procurement line item.
An increase or decrease of $10,000,000 for program year
2003/2004 appropriations for a Research, Development, Test and
Evaluation program element.
Each of the reprogramming thresholds described above
reflects aggregate levels of reprogramming activity within
Procurement line items, and Research, Development, Test and
Evaluation program elements.
The reprogramming of funds below these thresholds shall
not increase lines specifically reduced by congressional action
or decrease congressional interest items.
No below threshold decrease may exceed twenty percent of
appropriated levels for each procurement line, or program
element, or the limitations above, whichever is greater.
Below threshold reprogramming may restore non-specific
reductions to the original level of the budget request or the
level determined in the account tables, whichever is less.
Project Athena
The Statement of Managers accompanying the conference
report on Public Law 107-248 provided an earmark in the
Research, Development, Test and Evaluation, Navy appropriation
of $11,000,000 for development of the Project Athena coastal
defense beta site from within the Marine Corps Communications
line, PE 0206313M. The conferees agree that the line for the
earmark is hereby changed to the Combating Terrorism Technology
Support line, PE 0603122D8Z, in the Research, Development, Test
and Evaluation, Defense-Wide appropriation. The conferees also
agree that the amount of the earmark shall be decreased to
$6,000,000.
Domed Housing
The Statement of Managers accompanying the conference
report on Public Law 107-248 directed that $2,000,000 be made
available for the acquisition of domed housing in the Marshall
Islands to support Department of Defense housing requirements.
The conferees further direct that the procurement of additional
domed housing units be limited to those U.S. construction
companies that have previously built this type of housing in
the Marshall Islands.
National Defense Sealift Report
The conferees direct the Secretary of the Navy and the
Secretary of Transportation to jointly report to the Committees
on Appropriations, within 90 days of enactment of this Act, on
the feasibility of establishing a pilot project to accelerate
the introduction of next-generation high-speed sealift ships.
Such a project shall provide for the construction in a United
States shipyard of two high-speed sealift ships (together with
ancillary facilities and equipment) to be used in commercial
service and to be available to support the Navy's global
military sealift requirements. Project financing should be
derived from loans guaranteed by the Secretary of
Transportation supported by amounts appropriated in fiscal
years 2002 and 2003 under the National Defense Sealift Fund
(designated for construction of additional sealift capacity),
amounts appropriated to support Title XI maritime loan
guarantees, and sums provided by non-federal parties as
appropriate. Such report shall include an analysis of the
national security benefits of using sealift ships designed to
carry at least 10,000 tons of cargo at 36 knots or higher in
sea states of up to 16 feet to meet high priority military
requirements compared to existing sealift capabilities. Such
report shall also include a technology readiness assessment, a
financial analysis, and any additional recommended legislation
that may be required to accomplish this project.
GENERAL PROVISIONS--THIS DIVISION
The conferees agree to amend section 101, as proposed by
the Senate, which allows funds to be used to settle the
disputed taking of property adjacent to the Tooele Army Depot.
The conferees agree to retain section 102, as proposed by
the Senate, which provides funds for disposal of obsolete
vessels in the Maritime Administration National Defense Reserve
Fleet, and requires the Department to report to the
congressional defense committees by March 1, 2003.
The conferees agree to delete section 103, as proposed by
the Senate. The conferees agree, however, to amend section 122
of P.L. 107-249 to create an exception to the general
prohibition against using NATO Security Investment Program
(NSIP) funds in the New Independent States of the former Soviet
Union. This exception authorizes no more than $1,000,000 to
establish a communication system that connects various NATO
headquarters and partnership for peace nations.
The conferees agree to retain section 104, as proposed by
the Senate, which is a technical correction that moves funds
from the Military Construction, Air Force account to the
Military Construction, Air Force Reserve account.
The conferees agree to modify section 105, as proposed by
the Senate, to clarify that the Secretary of the Air Force is
authorized to transfer funds to the United States Fish and
Wildlife Service for the purpose of acquiring land at Nellis
Air Force Base.
The conferees agree to amend section 106, as proposed by
the Senate, which increases the expense/investment threshold
from $100,000 to $250,000 for items purchased with operation
and maintenance funds, and includes authorization and grant
authority for projects expressly designated for the Office of
Economic Adjustment in the Statement of Managers accompanying
the conference report on Public Law 107-248.
The conferees agree to amend section 107, as proposed by
the Senate, which includes transfers of $104,000,000 in order
to accelerate Patriot PAC-3 missile production. Among the
sources specified in this general provision is ``Weapons and
Tracked Combat Vehicles, Army, 2003/2005'', for $5,000,000 from
the M1A2 SEP program. This section transfers $7,000,000 from
``Other Procurement, Air Force, 2003/2005'', from the following
programs:
Thinpack Parachutes..................................... -$3,000,000
Replacement of Transport Aircraft Troop Seats........... -3,000,000
Replacement of Tactical Aircrew Life Preservers with the
Navy's LPU-36....................................... -1,000,000
This section also transfers $36,900,000 from ``Research,
Development, Test and Evaluation, Defense-Wide, 2003/2004''.
This amount includes $13,900,000, as specified by the Senate,
from the ground-based midcourse defense sea-based x-band radar
(SBX), and $23,000,000 from a Patriot PAC-3 enhancement
program.
The conferees agree to amend section 108, as proposed by
the Senate, which provides necessary legislative language for
the timely execution of funds for certain Department of Defense
Office of Economic Adjustment activities as provided in the
Statement of Managers accompanying the conference report for
Public Law 107-248.
The conferees agree to amend section 109, as proposed by
the Senate, to provide $10,000,000,000 to support the global
war on terrorism and classified activities, as requested by the
White House. The conferees direct that all funds provided
pursuant to section 109 be only for those activities cited in
this joint statement and in the classified annex thereto.
The conferees agree to amend section 110, as proposed by
the Senate, to provide authorization for fiscal year 2003
appropriations for intelligence activities pursuant to Section
504 of the National Security Act of 1947.
The conferees agree to include, with slight technical
modifications, section 111 of Division M of the Senate passed
bill regarding the Department of Defense's Total Information
Awareness (TIA) program. In two instances the provision has
been modified. First, the conferees agree to allow the
Administration 90 days after the bill is enacted to submit a
report to Congress on the TIA program, instead of 60 days as
proposed by the Senate. Second, the provision has been modified
to clarify that, subject to the other terms and conditions of
this section, the TIA program may be deployed at operating
bases in the United States to assist in the conduct of lawful
U.S. foreign intelligence activities against non-United States
citizens only. The conferees agree with the clear intent of the
Senate provision that, in no case, should the TIA program be
used by the Department of Defense to conduct intelligence
activities on United States citizens, or transferred to any
other Federal agency for the same purpose.
The conferees agree to amend section 112, as proposed by
the House, which provides the Secretary of Defense additional
transfer authority of $500,000,000, only for unforeseen fuel
cost requirements resulting from revised pricing and the global
war on terrorism. Additionally, this provision is further
amended to require prior notification of the Committees on
Appropriations before any funds made available to the
Department of Defense are used for the drawdown authority
provided in Section 202 of the Afghanistan Freedom Support Act
(Public Law 107-327).
The conferees are supportive of the overall objectives of
the Afghanistan Freedom Support Act (AFSA). Nonetheless the
conferees are extremely troubled that, in its first use of this
authority, the Administration chose to use the U.S. military
services' operations accounts as its funding source for the
initial increment of AFSA drawdown--diverting $165,000,000
originally requested and subsequently appropriated for U.S.
Army, Navy, and Air Force unit training and flying hours. As
noted by the Deputy Secretary of Defense in a February 10, 2003
letter to the Defense Appropriations Subcommittees of the House
and Senate, ``DoD cannot absorb these costs without affecting
readiness.''
To implement this provision, the conferees therefore
direct that the Department of Defense provide not less than 15
days prior written notification to the Committees on
Appropriations prior to exercising any use of the section 202
drawdown authority which would use DoD funds. This notification
should be provided no later than other required AFSA drawdown
notifications to the Committees on Appropriations (e.g.,
Presidential determinations, or notifications from the
Department of State, or others, as required under the AFSA or
other laws). Each such notification shall include the proposed
source of DoD funds by appropriations account and activity, as
well as a description of the impact these funding transfers
will have on the DoD programs so affected.
DIVISION N
TITLE I
ELECTION REFORM
The conferees agree to provide $1,500,000,000 for
election reform. This includes funds to establish an Election
Assistance Commission and to carry out programs authorized by
the Help America Vote Act of 2002. The conferees agree to
provide $650,000,000 to the General Services Administration
(GSA) to carry out a program of payments to the States for
improving the administration of elections and replacing punch
card and lever voting machines with new voting technology. The
conferees also agree to provide $15,000,000 to the Department
of Health and Human Services for programs to ensure disabled
voter access.
TITLE III--WILDLAND FIRE EMERGENCY
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Wildland Fire Management
The conference agreement includes $189,000,000 for
wildland fire management as proposed by the Senate instead of
an emergency supplemental appropriation for fiscal year 2002 of
$200,000,000 as proposed by the House. These funds are to repay
amounts transferred from other accounts to fight fires in
fiscal year 2002.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
Wildland Fire Management
The conference agreement includes $636,000,000 for
wildland fire management as proposed by the Senate instead of
an emergency supplemental appropriation for fiscal year 2002 of
$500,000,000 as proposed by the House. These funds are to repay
amounts transferred from other accounts to fight fires in
fiscal year 2002.
The conference agreement also earmarks amounts to be
repaid to individual Forest Service appropriations accounts as
proposed by the Senate. The House had no similar provision.
DIVISION N--TITLE IV--TANF AND MEDICARE
The conference agreement includes section 401, which
extends the Temporary Assistance for Needy Families in the
manner authorized for fiscal year 2002 through June 30, 2003,
instead of September 30, 2003 as proposed by the Senate. The
House bill contained no similar provision.
The conference agreement includes a new section, section
402, in lieu of sections 402 through 404 as proposed by the
Senate, which (1) temporarily increases payments to rural and
``other urban'' hospitals through September 30 to the large
urban standardized amount; and (2) provides legal protection
for the Administration should they make corrections to data
errors in the physician payment formula for past fiscal years.
The House bill contained no similar provision.
The conference agreement includes section 403, originally
proposed by the Senate as section 405 in the Senate amendment,
which extends the Federal payment for Medicare Part B through
Medicaid for qualifying individuals (those between 120 and 135
percent of poverty) through September 30, 2003. The House bill
contained no similar provision.
DIVISION N--TITLE V--FISHERIES DISASTERS
Section 501.--The conference agreement includes section
501, included in the Senate, providing $100,000,000 for various
fishery disasters. The House did not include a similar
provision.
TITLE VI
OFFSETS
The conference agreement includes a 0.65 percent across-
the-board rescission to discretionary budgetary resources
provided in divisions A through K of this Act, as well as to
any previously enacted fiscal year 2003 advance appropriation.
This rescission does not apply to the Head Start program, the
Veterans' Medical Care program, the Women, Infants, and
Children nutrition program, or the space shuttle program.
Specific exemptions for these programs are also included in the
respective sections of this joint resolution.
TITLE VII
Bonneville Power Administration Borrowing Authority
The conference agreement provides $700,000,000 of new
borrowing authority to the Bonneville Power Administration as
proposed by the Senate. The conferees direct the Bonneville
Power Administration to submit a detailed budget justification,
by project, for its total capital improvement program to the
House and Senate Committees on Appropriations not later than
March 30, 2003, and to submit thereafter as part of the annual
budget request, for approval by the House and Senate Committees
on Appropriations.
DIVISION O
Price-Anderson Act Amendments
The conference agreement modifies bill language as
proposed by the Senate to extend portions of the Price-Anderson
Act through December 31, 2003.
DIVISION P--U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION
The conferees have included, under Division P, language
and funding regarding the U.S.-China Economic and Security
Review Commission.
Bill Young,
Ralph Regula,
Jerry Lewis,
Hal Rogers,
Frank R. Wolf,
Jim Kolbe,
James T. Walsh,
Charles H. Taylor,
David L. Hobson,
Ernest J. Istook, Jr.,
Henry Bonilla,
Joe Knollenberg,
Jack Kingston,
John P. Murtha,
Norman D. Dicks
(except sections 323 and 335
of Division F, and
conservation spending),
Alan B. Mollohan,
Peter J. Visclosky,
Jose E. Serrano,
Managers on the Part of the House.
Ted Stevens,
Thad Cochran,
Arlen Specter,
Pete V. Domenici,
Kit Bond,
Mitch McConnell,
Conrad Burns,
Richard C. Shelby,
Judd Gregg,
Robert F. Bennett,
Ben Nighthorse Campbell,
Larry Craig,
Kay Bailey Hutchison,
Mike DeWine,
Sam Brownback,
Robert C. Byrd,
Daniel K. Inouye,
Ernest F. Hollings,
Patrick J. Leahy,
Barbara A. Mikulski,
Patty Murray
(except for sections 323 and
335 of Division F),
Byron L. Dorgan,
Dianne Feinstein,
Tim Johnson,
Mary L. Landrieu,
Managers on the Part of the Senate.