U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

84–817

" HOUSE OF REPRESENTATIVES ! 108TH CONGRESS

1st Session 

REPORT

2003

108–10

MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 2003, AND 

FOR OTHER PURPOSES

CONFERENCE REPORT

TO ACCOMPANY

H.J. Res. 2

FEBRUARY 13 (legislative day, FEBRUARY 12), 2003.—Ordered to be printed


E:\Seals\Congress.#13
84–817

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 

2

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 

3

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. 

4

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. 

5

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: ProVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00007 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.003 HR010
6

vided, 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. 

7

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 

8

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. 

9

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

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

EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico, 

Guam, the Virgin Islands, Micronesia, Northern Marianas, and 

American Samoa, $453,468,000, as follows: payments for cooperative extension work under the Smith-Lever Act, to be distributed 

under sections 3(b) and 3(c) of said Act, and under section 208(c) 

of Public Law 93–471, for retirement and employees’ compensation 

costs for extension agents and for costs of penalty mail for cooperative extension agents and State extension directors, $281,218,000; 

payments for extension work at the 1994 Institutions under the 

Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,387,000; payments for the 

nutrition and family education program for low-income areas under 

section 3(d) of the Act, $58,566,000; payments for the pest management program under section 3(d) of the Act, $10,759,000; payments 

for the farm safety program under section 3(d) of the Act, 

$5,525,000; payments to upgrade research, extension, and teaching 

facilities at the 1890 land-grant colleges, including Tuskegee 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 proVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00011 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.004 HR010
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gram, $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 

11

purposes in the preceding fiscal year shall be merged with such 

transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during 

the fiscal year shall not exceed 10 percent of the current replacement 

value of the building. 

In fiscal year 2003, the agency is authorized to collect fees to 

cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and 

international organizations, foreign governments, or individuals, 

provided that such fees are structured such that any entity’s liability 

for such fees is reasonably based on the technical assistance, goods, 

or services provided to the entity by the agency, and such fees shall 

be credited to this account, to remain available until expended, 

without further appropriation, for providing such assistance, goods, 

or services. 

BUILDINGS AND FACILITIES

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

12

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), 

13

$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 

14

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. 

15

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 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials 

centers, except that the cost of alterations and improvements to other 

16

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 BankheadJones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat. 607); the Act 

17

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 orVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00019 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.008 HR010
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ganizations: 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 predevelopment planning grants, 

not to exceed $50,000 each; and not to exceed $12,100,000 shall be 

for contracting with qualified national organizations for a circuit 

rider program to provide technical assistance for rural water systems: Provided further, That of the total amount appropriated, not 

to exceed $37,624,000 shall be available through June 30, 2003, for 

authorized empowerment zones and enterprise communities and 

communities designated by the Secretary of Agriculture as Rural 

Economic Area Partnership Zones; of which $1,163,000 shall be for 

the rural community programs described in section 381E(d)(1) of 

such Act, of which $27,431,000 shall be for the rural utilities programs described in section 381E(d)(2) of such Act, and of which 

$9,030,000 shall be for the rural business and cooperative development programs described in section 381E(d)(3) of such Act: Provided further, That of the amount appropriated for rural community programs, not to exceed $25,000,000 shall be to provide grants 

for facilities in rural communities with extreme unemployment and 

severe economic depression (Public Law 106–387), with 5 percent for 

administration and capacity building in the State rural development offices: Provided further, That of the amount appropriated, 

$30,000,000 shall be transferred to and merged with the ‘‘Rural 

Utilities Service, High Energy Cost Grants Account’’ to provide 

grants authorized under section 19 of the Rural Electrification Act 

of 1936 (7 U.S.C. 918a): Provided further, That any remaining 

funds specifically appropriated in fiscal year 2002 for rural communities with extremely high energy costs under the Rural Community 

Advancement Program shall be merged and transferred into the AcVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00020 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.008 HR010
19

count: 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 nonUSDA 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’’. 

20

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 preservation made by the Rural Housing 

Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 

1490m, $42,498,000, to remain available until expended: Provided, 

That of the total amount appropriated, $1,200,000 shall be available through June 30, 2003, for authorized empowerment zones and 

enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. 

FARM LABOR PROGRAM ACCOUNT

For the cost of direct loans, grants, and contracts, as authorized 

by 42 U.S.C. 1484 and 1486, $36,307,000, to remain available until 

expended, for direct farm labor housing loans and domestic farm 

labor housing grants and contracts. 

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by the 

Rural Development Loan Fund (42 U.S.C. 9812(a)), $40,000,000. 

For the cost of direct loans, $19,304,000, as authorized by the 

Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 

21

$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). 

22

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 tele- medicine 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 exVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00024 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.010 HR010
23

pended, 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 notwithVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00025 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.011 HR010
24

standing 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. 

25

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’’. 

26

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 

27

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 Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $208,685,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $40,688,000 shall be for the National Center for 

Toxicological Research; (7) $36,914,000 shall be for Rent and Related activities, other than the amounts paid to the General Services 

Administration; (8) $108,269,000 shall be for payments to the General Services Administration for rent and related costs; and (9) 

$107,482,000 shall be for other activities, including the Office of the 

Commissioner; the Office of Management and Systems; the Office of 

the Senior Associate Commissioner; the Office of International and 

Constituent Relations; the Office of Policy, Legislation, and Planning; and central services for these offices: Provided further, That 

funds may be transferred from one specified activity to another with 

the prior approval of the Committees on Appropriations of both 

Houses of Congress. 

In addition, mammography user fees authorized by 42 U.S.C. 

263b may be credited to this account, to remain available until expended. 

In addition, export certification user fees authorized by 21 

U.S.C. 381 may be credited to this account, to remain available 

until expended. 

BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the 

Food and Drug Administration, where not otherwise provided, 

$8,000,000, to remain available until expended. 

28

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 manageVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00030 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.013 HR010
29

ment 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 space on behalf of other agencies 

of the Department of Agriculture when such space will be jointly occupied. 

SEC. 710. None of the funds in this Act shall be available to pay 

indirect costs charged against competitive agricultural research, 

education, or extension grant awards issued by the Cooperative 

State Research, Education, and Extension Service that exceed 19 

percent of total Federal funds provided under each award: Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 

U.S.C. 3310), funds provided by this Act for grants awarded competitively by the Cooperative State Research, Education, and Extension Service shall be available to pay full allowable indirect costs 

for each grant awarded under section 9 of the Small Business Act 

(15 U.S.C. 638). 

SEC. 711. Notwithstanding any other provision of this Act, all 

loan levels provided in this Act shall be considered estimates, not 

limitations. 

SEC. 712. Appropriations to the Department of Agriculture for 

the cost of direct and guaranteed loans made available in fiscal 

year 2003 shall remain available until expended to cover obligations 

made in fiscal year 2003 for the following accounts: the Rural Development Loan Fund program account, the Rural Telephone Bank 

program account, the Rural Electrification and Telecommunications 

Loans program account, the Rural Housing Insurance Fund proVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00031 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.013 HR010
30

gram, 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 apVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00032 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.014 HR010
31

propriated 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 change the Detroit District Office to a station, residence post or 

similarly modified office; or to reassign residence posts assigned to 

32

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. 

33

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 use up to 20 percent of the 

amount provided to carry out a competitive grants program under 

34

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.’’. 

35

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 

this project shall not come at the expense of an allocation to any 

other State. 

SEC. 753. The Secretary of Agriculture is authorized to permit 

employees of the United States Department of Agriculture to carry 

and use firearms for personal protection while conducting field 

work in remote locations in the performance of their official duties. 

SEC. 754. Of the funds made available for the Export Enhancement Program, pursuant to section 301(e) of the Agricultural Trade 

36

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. 

37

‘‘(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 

38

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. 

39

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’’.

40

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 fulltime 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. 

41

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 detenVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00043 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.020 HR010
42

tion 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 be accounted for solely under the certificate of, 

the Attorney General; and rent of private or Government-owned 

space in the District of Columbia, $611,325,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended, and of which not less than $1,996,000 shall be 

available for necessary administrative expenses in accordance with 

the Radiation Exposure Compensation Act: Provided, That of the 

total amount appropriated, not to exceed $1,000 shall be available 

to the United States National Central Bureau, INTERPOL, for official reception and representation expenses: Provided further, That 

notwithstanding any other provision of law, upon a determination 

by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to ‘‘Salaries and Expenses, General Legal Activities’’ from available appropriations for 

the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any 

transfer pursuant to the previous proviso shall be treated as a reprogramming under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 

43

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 colVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00045 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.021 HR010
44

lections 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 procurement and supervision 

of expert witnesses, for private counsel expenses, for per diems in 

lieu of subsistence, as authorized by law, including advances, and 

for United States Marshals Service Witness Security program expenses, $175,645,000, to remain available until expended; of which 

not to exceed $6,000,000 may be made available for planning, construction, renovations, maintenance, remodeling, and repair of 

buildings, and the purchase of equipment incident thereto, for protected witness safesites; of which not to exceed $1,000,000 may be 

made available for the purchase and maintenance of armored vehicles for transportation of protected witnesses; of which not to exceed 

$19,500,000 may be made available for the United States Marshals 

45

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; acVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00047 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.022 HR010
46

quisition, 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 fulltime 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 Administra- tion, 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 payVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00048 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.022 HR010
47

ments 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, 

48

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 a manner designed to prevent persons subject to inspection from predicting the 

location of any such checkpoint. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For expenses necessary for the administration, operation, and 

maintenance of Federal penal and correctional institutions, including purchase (not to exceed 713, of which 504 are for replacement 

only) and hire of law enforcement and passenger motor vehicles, 

and for the provision of technical assistance and advice on corrections related issues to foreign governments, $4,071,251,000, of which 

$1,463,997,000 shall be for Inmate Care and Programs, 

$1,880,763,000 shall be for Institution Security and Administration, 

$571,077,000 shall be for Contract Confinement, and $155,414,000 

shall be for Management and Administration: Provided, That the 

Attorney General may transfer to the Health Resources and Services 

Administration such amounts as may be necessary for direct exVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00050 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.023 HR010
49

penditures 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. 

50

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 and merged with the ‘‘Justice 

Assistance’’ account): Provided, That $17,667,000 shall be derived 

from prior year unobligated balances from Local Law Enforcement 

Block Grants, and $3,323,000 shall be derived from prior year unobligated balances from residential substance abuse treatment for 

State prisoners: Provided further, That funding provided under this 

heading shall remain available until expended as follows: 

51

(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: 

52

(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 of women with disabilities, 

as authorized by section 1402 of Public Law 106–386; 

(7) $10,000,000 for victim services programs for victims of 

trafficking, as authorized by section 107(b)(2) of Public Law 

106–386; 

(8) $65,000,000 for grants for residential substance abuse 

treatment for State prisoners, as authorized by section 

1001(a)(17) of the 1968 Act; 

(9) $898,000 for the Missing Alzheimer’s Disease Patient 

Alert Program, as authorized by section 240001(c) of the 1994 

Act; 

(10) $45,000,000 for Drug Courts, as authorized by Part EE 

of Title I of the 1968 Act; 

(11) $1,497,000 for Law Enforcement Family Support Programs, as authorized by section 1001(a)(21) of the 1968 Act; 

(12) $1,995,000 for public awareness programs addressing 

marketing scams aimed at senior citizens, as authorized by section 250005(3) of the 1994 Act; 

53

(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 ApVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00055 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.026 HR010
54

propriations 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 

55

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 

56

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 funds appropriated to the Department 

of Justice in this title shall be available to the Attorney General for 

official reception and representation expenses in accordance with 

distributions, procedures, and regulations established by the Attorney General. 

SEC. 102. 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 

57

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)’’; 

58

(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. 

59

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. 

60

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.

61

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 im- plementing 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 

62

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. 

63

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For necessary expenses of the United States Patent and Trademark Office provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual 

Property and Director of the United States Patent and Trademark 

Office, $1,015,229,000, to remain available until expended, which 

amount shall be derived from offsetting collections assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and 

shall be retained and used for necessary expenses in this appropriation: Provided, That the sum herein appropriated from the general 

fund shall be reduced as such offsetting collections are received during fiscal year 2003, so as to result in a fiscal year 2003 appropriation from the general fund estimated at $0: Provided further, That 

during fiscal year 2003, should the total amount of offsetting fee collections be less than $1,015,229,000, the total amounts available to 

the United States Patent and Trademark Office shall be reduced accordingly: Provided further, That an additional amount not to exceed $166,771,000 from fees collected in prior fiscal years shall be 

available for obligation in fiscal year 2003, to remain available 

until expended: Provided further, That from amounts provided herein, not to exceed $1,000 shall be made available in fiscal year 2003 

for official reception and representation expenses. 

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 

64

$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 shall not exceed $243,000,000: 

65

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 

66

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. 

67

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For expenses necessary for the departmental management of the 

Department of Commerce provided for by law, including not to exceed $5,000 for official entertainment, $44,954,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

amended (5 U.S.C. App. 1–11, as amended by Public Law 100–504), 

$20,635,000. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

SEC. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by 

this Act shall be available for the activities specified in the Act of 

October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner 

prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be 

used for advanced payments not otherwise authorized only upon the 

certification of officials designated by the Secretary of Commerce 

that such payments are in the public interest. 

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 secVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00069 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.032 HR010
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tion 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 

69

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 

submit an 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 re- main 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 

70

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) 

71

may participate in any capacity reduction referendum or industry 

fee established under this section. 

(c) A referendum on the industry fee system shall occur after 

bids have been submitted, and such bids have been accepted by the 

Secretary, as follows: members of the reduction fishery, and persons 

who have been issued Washington, Oregon, or California Dungeness 

crab and Pink shrimp permits, shall be eligible to vote in the referendum to approve an industry fee system; referendum votes cast 

in each fishery shall be weighted in proportion to the debt obligation 

of each fishery, as calculated in subsection (f) of this section; the industry fee system shall be approved if the referendum votes cast in 

favor of the proposed system constitute a simple majority of the participants voting; except that notwithstanding 5 U.S.C. 553 and 16 

U.S.C. 1861a(e), the Secretary shall not prepare or publish proposed 

or final regulations for the implementation of the program under 

this section before the referendum is conducted. 

(d) Nothing in this section shall be construed to prohibit the Pacific Fishery Management Council from recommending, or the Secretary from approving, changes to any fishery management plan, in 

accordance with applicable law; or the Secretary from promulgating 

regulations (including regulations governing this program), after an 

industry fee system has been approved by the reduction fishery. 

(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. 

72

(g) The Secretary shall establish separate reduction loan subamounts 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 subamount 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 under the heading, ‘‘National Oceanic and 

Atmospheric Administration, Operations, Research and Facilities’’, 

shall be considered to be within the ‘‘Coastal Assistance sub-category’’ in section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. 

(b) For fiscal year 2004 and thereafter, response and restoration 

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cies, 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 

74

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 

75

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 au- thorized 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 au- thorized 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 provi- sions 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 

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sioners’’, 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 followup 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 

77

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. 

78

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 orgaVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00080 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.038 HR010
79

nizations, 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 

80

Section, including not to exceed $6,000 for representation; as follows: 

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, 

$25,482,000. 

CONSTRUCTION

For detailed plan preparation and construction of authorized 

projects, $5,450,000, to remain available until expended, as authorized. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and for the 

Border Environment Cooperation Commission as authorized by 

Public Law 103–182, $9,472,000, of which not to exceed $9,000 

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 

81

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 

82

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. 

83

(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. 

84

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. 

85

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 Commis- sion 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: ProVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00087 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.041 HR010
86

vided 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, 

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87

ing 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 logisVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00089 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.042 HR010
88

tic 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 ex- pended; and for the cost of guaranteed loans, $85,360,000, as authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain 

available until September 30, 2004: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That during fiscal year 2003 commitments to guarantee loans under section 503 of the Small Business Investment Act 

of 1958, as amended, shall not exceed $4,500,000,000, as provided 

under section 20(h)(1)(B)(ii) of the Small Business Act: Provided 

further, That during fiscal year 2003 commitments for general business loans authorized under section 7(a) of the Small Business Act, 

as amended, shall not exceed $10,000,000,000 without prior notification of the Committees on Appropriations of the House of Representatives and Senate in accordance with section 605 of this Act: 

89

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. 

90

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 OceVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00092 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.043 HR010
91

anic 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 LABEL- ING 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: 

92

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 of students who participate in 

programs for which financial assistance is provided from those 

funds, or of the parents or legal guardians of such students. 

SEC. 619. None of the funds appropriated or otherwise made 

available to the Department of State and the Department of Justice 

93

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 

94

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 for

a grant to Lord Fairfax Community College for workforce development programs; $700,000 shall be available for a grant to the Village of Edgar, Wisconsin to purchase and redevelop property as a 

small business park to support local agriculture; $500,000 shall be 

available for a grant to the West Virginia High Technology Consortium to develop a small business commercialization grant program; 

$250,000 shall be available for a grant to Johnstown Area Regional 

Industries in Pennsylvania to develop small business technology 

centers; $250,000 shall be available for a grant to the Economic 

95

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 

96

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.

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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’’.

98

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 

99

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 

100

available until September 30, 2004: Provided further, That 30 days 

after providing written notice to the Committees on Appropriations 

of the House of Representatives and Senate, the District of Columbia 

Courts may reallocate not more than $1,000,000 of the funds provided under this heading among the items and entities funded 

under such heading: Provided further, That notwithstanding section 

446 of the District of Columbia Home Rule Act or any provision of 

subchapter III of chapter 13 of title 31, United States Code, the use 

of interest earned on the Federal payment made to the District of 

Columbia Courts under the District of Columbia Appropriations 

Act, 1998, by the Courts during fiscal year 1998 shall not constitute 

a violation of such Act or such subchapter. 

DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

For payments authorized under section 11–2604 and section 11–

2605, D.C. Official Code (relating to representation provided under 

the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior 

Court of the District of Columbia under chapter 23 of title 16, D.C. 

Official Code, or pursuant to contractual agreements to provide 

guardian ad litem representation, training, technical assistance 

and/or such other services as are necessary to improve the quality 

of guardian ad litem representation, and payments for counsel authorized under section 21–2060, D.C. Official Code (relating to representation provided under the District of Columbia Guardianship, 

Protective Proceedings, and Durable Power of Attorney Act of 1986), 

$17,100,000, to remain available until expended: Provided, That 

$1,500,000 of this appropriation is to 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. 

101

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.

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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 literacychallenged 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 infrastrucVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00104 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.050 HR010
103

ture 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. 

104

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 the District of Columbia until September 30, 

2004, in accordance with the laws establishing these funds. 

ECONOMIC DEVELOPMENT AND REGULATION

Economic development and regulation, $244,358,000 (including 

$56,872,000 from local funds, $97,796,000 from Federal funds, and 

$89,690,000 from other funds), of which $15,000,000 collected by the 

District of Columbia in the form of BID tax revenue shall be paid 

to the respective BIDs pursuant to the Business Improvement Districts Act of 1996 (D.C. Law 11–134; D.C. Official Code, sec. 2–

1215.01 et seq.), and the Business Improvement Districts Amendment Act of 1997 (D.C. Law 12–26; D.C. Official Code, sec. 2–

1215.15 et seq.): Provided, That such funds are available for acquiring services provided by the General Services Administration: Provided further, That Business Improvement Districts shall be exempt 

from taxes levied by the District of Columbia: Provided further, 

That $725,000, of which no amount may be expended for administrative expenses, shall be available to the Department of Employment Services when the Council Committee on Public Services apVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00106 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.050 HR010
105

proves 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 

106

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 amounts provided to 

the State Education Office, $500,000 from local funds shall remain available until June 30, 2004 for an audit of the student 

enrollment of each District of Columbia Public School and of 

each District of Columbia public charter school. 

(3) DISTRICT OF COLUMBIA PUBLIC CHARTER SCHOOLS.—

$142,711,000 (including $125,711,000 from local funds and 

$17,000,000 from Federal funds) shall be available for District 

of Columbia public charter schools: Provided, 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 

107

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 

108

$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 passengercarrying vehicles, $320,357,000 (including $304,363,000 from local 

funds, $5,669,000 from Federal funds, and $10,325,000 from other 

funds): Provided, That this appropriation shall not be available for 

collecting ashes or miscellaneous refuse from hotels and places of 

business. 

RESERVE

For replacement of funds expended, if any, during fiscal year 

2002 from the budget reserve established pursuant to section 202(j) 

of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (D.C. Official Code, sec. 47–392.02(j)), 

$70,000,000 from local funds. 

EMERGENCY AND CONTINGENCY RESERVE FUNDS

For the emergency reserve fund and the contingency reserve 

fund under section 450A of the District of Columbia Home Rule Act 

(D.C. Official Code, sec. 1–204.50a), such amounts from local funds 

as are necessary to meet the fiscal year 2003 minimum balance requirements for such funds under such section. 

109

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. 

110

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 

111

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. 

112

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 

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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 fisVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00115 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.054 HR010
114

cal 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. 

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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 the life of the mother 

would be endangered if the fetus were carried to term or where the 

pregnancy is the result of an act of rape or incest. 

SEC. 118. 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; 

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(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.

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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 

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(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 Council of the District of Columbia a revised appropriated funds operating budget in the format of the budget that 

the District of Columbia government submitted pursuant to section 

442 of the District of Columbia Home Rule Act (D.C. Official Code, 

sec. 1–204.42), for all agencies of the District of Columbia governVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00120 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.057 HR010
119

ment 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. 

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‘‘(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 thirdparty 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 within one 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. 

121

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)). 

122

(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 FI- NANCING 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 

123

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)). 

124

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. 

125

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 nonVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00127 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.061 HR010
126

Federal sponsor of the Los Angeles Harbor, California, project 

authorized by section 101(b)(5) of Public Law 106–541, which 

are needed to maintain the project schedule: Provided further, 

That using $1,000,000 of the funds provided herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to conduct, at full Federal expense, technical studies of 

individual ditch systems identified by the State of Hawaii, and 

to assist the State in diversification by helping to define the cost

of repairing and maintaining selected ditch systems: Provided 

further, That the Secretary of the Army, acting through the 

Chief of Engineers, is directed to use $1,000,000 of the funds 

appropriated herein to continue construction of the navigation 

project at Kaumalapau Harbor, Hawaii: Provided further, That 

the Secretary of the Army, acting through the Chief of Engineers, is directed to use $2,000,000 of the funds provided herein 

for Dam Safety and Seepage/Stability Correction Program to 

continue construction of seepage control features at Waterbury 

Dam, Vermont: Provided further, That the Secretary of the 

Army, acting through the Chief of Engineers, is directed to use 

$13,400,000 of the funds appropriated herein to proceed with 

planning, engineering, design or construction of the Grundy, 

Buchanan County, and Dickenson County, Virginia, elements of 

the Levisa and Tug Forks of the Big Sandy River and Upper 

Cumberland River Project: Provided further, That the Secretary 

of the Army, acting through the Chief of Engineers, is directed 

to use $5,500,000 of the funds appropriated herein to proceed 

with the planning, engineering, design or construction of the 

Lower Mingo County, Upper Mingo County, Wayne County, 

McDowell County, West Virginia, elements of the Levisa and 

Tug Forks of the Big Sandy River and Upper Cumberland 

River Project: Provided further, That the Secretary of the Army, 

acting through the Chief of Engineers, is directed 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, 

127

at an estimated total cost of $100,000,000, which shall be costshared 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. § 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 

128

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. 

129

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. 

130

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 TECH- NICAL 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 RE- PLACEMENT 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 

131

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 onehalf 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 

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132

curred 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 InteVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00134 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.065 HR010
133

rior 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.

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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 

135

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 CaliVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00137 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.066 HR010
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fornia 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. 

137

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 particiVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00139 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.067 HR010
138

pate 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, 

139

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 

140

funds expended from such payments have been expended for activities authorized by Public Law 97–425 and this Act. Failure to provide such certification shall cause such entity to be prohibited from 

any further funding provided for similar activities: Provided further, That none of the funds herein appropriated may be: (1) used 

directly or indirectly to influence legislative action on any matter 

pending before Congress or a State legislature or for lobbying activity as provided in 18 U.S.C. 1913; (2) used for litigation expenses; 

or (3) used to support multi-State efforts or other coalition building 

activities inconsistent with the restrictions contained in this Act: 

Provided further, That all proceeds and recoveries realized by the 

Secretary in carrying out activities authorized by the Nuclear Waste 

Policy Act of 1982, Public Law 97–425, as amended, including but 

not limited to, any proceeds from the sale of assets, shall be available without further appropriation and shall remain available until 

expended. 

DEPARTMENTAL ADMINISTRATION

For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes 

of the Department of Energy Organization Act (42 U.S.C. 7101 et 

seq.), including the hire of passenger motor vehicles and official reception and representation expenses (not to exceed $35,000), 

$207,404,000, to remain available until expended, plus such additional amounts as necessary to cover increases in the estimated 

amount of cost of work for others notwithstanding the provisions of 

the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such 

increases in cost of work are offset by revenue increases of the same 

or greater amount, to remain available until expended: Provided 

further, That moneys received by the Department for miscellaneous 

revenues estimated to total $120,000,000 in fiscal year 2003 may be 

retained and used for operating expenses within this account, and 

may remain available until expended, as authorized by section 201 

of Public Law 95–238, notwithstanding the provisions of 31 U.S.C. 

3302: Provided further, That the sum herein appropriated shall be 

reduced by the amount of miscellaneous revenues received during 

fiscal year 2003 so as to result in a final fiscal year 2003 appropriation from the General Fund estimated at not more than 

$87,404,000. 

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, as 

amended, $37,671,000, to remain available until expended. 

ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION 

WEAPONS ACTIVITIES

For Department of Energy expenses, including the purchase, 

construction and acquisition of plant and capital equipment and 

other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of EnVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00142 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.068 HR010
141

ergy 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. 

142

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 

143

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. 

144

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 reasons

why the Secretary believes the requirement for competition should be 

waived for this particular award. 

SEC. 302. None of the funds appropriated by this Act may be 

used to—

(1) develop or implement a workforce restructuring plan 

that covers employees of the Department of Energy; or 

145

(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 

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ergy 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 licensee for 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 

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eral 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. 

148

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.

149

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. § 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’’.

150

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. 

151

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. 

152

FUNDS APPROPRIATED TO THE PRESIDENT

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section 661 

of the Foreign Assistance Act of 1961, $44,512,000, to remain available until September 30, 2004. 

In addition, for an additional amount for ‘‘Trade and Development Agency’’ for trade capacity building assistance, $2,500,000, to 

remain available until September 30, 2003: Provided, That any 

funds made available by this paragraph shall be made available 

subject to the regular notification procedures of the Committees on 

Appropriations. 

TITLE II—BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out the 

provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain available until September 30, 2003, unless otherwise specified herein, as follows: 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapters 

1 and 10 of part I of the Foreign Assistance Act of 1961, for child 

survival, health, and family planning/reproductive health activities, in addition to funds otherwise available for such purposes, 

$1,836,500,000, to remain available until September 30, 2005: Provided, That this amount shall be made available for such activities 

as: (1) immunization programs; (2) oral rehydration programs; (3) 

health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance for displaced and orphaned children; (5) programs for the prevention, treatment, and control of, and research 

on, HIV/AIDS, tuberculosis, malaria, polio and other infectious diseases; and (6) family planning/reproductive health: Provided further, That none of the funds appropriated under this heading may 

be made available for nonproject assistance, except that funds may 

be made available for such assistance for ongoing health activities: 

Provided further, That of the funds appropriated under this heading, not to exceed $150,000, in addition to funds otherwise available 

for such purposes, may be used to monitor and provide oversight of 

child survival, maternal and family planning/reproductive health, 

and infectious disease programs: Provided further, That the following amounts should be allocated as follows: $324,000,000 for 

child survival and maternal health; $27,000,000 for vulnerable children; $591,500,000 for HIV/AIDS including not less than 

$18,000,000 which should be made available to support the development of microbicides as a means for combating HIV/AIDS; 

$155,500,000 for other infectious diseases; $368,500,000 for family 

planning/reproductive health, including in areas where population 

growth threatens biodiversity or endangered species; and 

153

$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 

154

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 

medical procedures are provided only in the context of a scientific 

study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the Administrator of the United States Agency for International Development 

determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern 

or practice of violations of the requirements contained in paragraph 

(4) of this proviso, the Administrator shall submit to the Committees 

on Appropriations a report containing a description of such violation and the corrective action taken by the Agency: Provided further, 

That in awarding grants for natural family planning under section 

104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of 

the previous proviso: Provided further, That for purposes of this or 

any other Act authorizing or appropriating funds for foreign operations, export financing, and related programs, the term ‘‘motivate’’, 

as it relates to family planning assistance, shall not be construed 

to prohibit the provision, consistent with local law, of information 

or counseling about all pregnancy options: Provided further, That 

nothing in this paragraph shall be construed to alter any existing 

statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further, That the funds under 

this heading that are available for the treatment and prevention of 

HIV/AIDS should also include programs and activities that are designed to maintain and preserve the families of those persons living 

with HIV/AIDS and to reduce the numbers of orphans created by 

HIV/AIDS. 

DEVELOPMENT ASSISTANCE

For necessary expenses to carry out the provisions of sections 

103, 105, 106, and 131, and chapter 10 of part I of the Foreign Assistance Act of 1961, $1,389,000,000, to remain available until September 30, 2004: Provided, That none of the funds appropriated 

under title II of this Act that are managed by or allocated to the 

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155

opment 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.

156

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 

157

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 

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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, That not to exceed $15,000,000 of the funds appropriated 

under this heading in Public Law 107–206, the Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States, FY 2002, may be made available for the costs, as defined in section 502 of the Congressional 

Budget Act of 1974, of modifying direct loans and guarantees for 

Jordan: Provided further, 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, 

159

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 

160

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 Bosnia and Herzegovina, 

and local currencies generated by such funds (including the conversion of funds appropriated under this heading into currency used 

by Bosnia and Herzegovina as local currency and local currency returned or repaid under such program) the Administrator of the 

United States Agency for International Development shall provide 

written approval for grants and loans prior to the obligation and 

expenditure of funds for such purposes, and prior to the use of funds 

that have been returned or repaid to any lending facility or grantee. 

(e) 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 

161

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. 

162

(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 InterAmerican 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 assignVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00164 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.079 HR010
163

ments, 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 CoVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00165 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.080 HR010
164

lombia (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 days before any resumption of United States involvement in a Peruvian air interdiction program, that an air interdiction program that permits the ability of the Peruvian Air Force to 

shoot down aircraft will include enhanced safeguards and procedures to prevent the occurrence of any incident similar to the April 

20, 2001 incident: Provided further, 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 

165

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 smallacreage 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 

166

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 Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of 

unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international 

organizations, and section 301 of the Foreign Assistance Act of 1961 

for a voluntary contribution to the International Atomic Energy 

Agency (IAEA) and a voluntary contribution to the Korean Peninsula Energy Development Organization (KEDO), consistent with the 

provisions of section 562 of this Act, and for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided further, That of this amount not to 

exceed $15,000,000, to remain available until expended, may be 

made available for the Nonproliferation and Disarmament Fund, 

notwithstanding any other provision of law, to promote bilateral 

and multilateral activities relating to nonproliferation and disarmament: Provided further, That such funds may also be used for 

such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so following consultation with the appropriate committees of Congress: Provided 

further, That funds appropriated under this heading may be made 

available for the International Atomic Energy Agency only if the 

Secretary of State determines (and so reports to the Congress) that 

Israel is not being denied its right to participate in the activities of 

that Agency: Provided further, That of the funds made available for 

demining and related activities, not to exceed $675,000, in addition 

to funds otherwise available for such purposes, may be used for administrative expenses related to the operation and management of 

the demining program: Provided further, That the Secretary of State 

is authorized to provide not to exceed $250,000 for public-private 

partnerships for mine action by grant, cooperative agreement, or 

contract. 

167

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 

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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 United

States Government under the Arms Export Control Act: Provided 

further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for 

defense articles and services: Provided further, That not more than 

$38,000,000 of the funds appropriated under this heading may be 

obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the 

United States, for the general costs of administering military assistance and sales: Provided further, That not more than $356,000,000 

of funds realized pursuant to section 21(e)(1)(A) of the Arms Export 

Control Act may be obligated for expenses incurred by the Department of Defense during fiscal year 2003 pursuant to section 43(b) 

of the Arms Export Control Act, except that this limitation may be 

exceeded only through the regular notification procedures of the 

Committees on Appropriations: Provided further, 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. 

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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. 

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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 subscribe without fiscal year limitation to the callable capital portion of the United States share of such 

capital stock in an amount not to exceed $123,328,178. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For the United States contribution by the Secretary of the 

Treasury to increase the resources of the International Fund for Agricultural Development, $15,003,667, to remain available until expended. 

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section 301 

of the Foreign Assistance Act of 1961, and of section 2 of the United 

Nations Environment Program Participation Act of 1973, 

$195,150,000: Provided, That none of the funds appropriated under 

this heading may be made available to the Korean Peninsula Energy Development Organization (KEDO) or the International Atomic 

Energy Agency (IAEA): Provided further, That of the funds appropriated under this heading, not less than $500,000 should be made 

available for a United States contribution to the International Coffee Organization (ICO) if the United States becomes a member of the 

ICO prior to June 1, 2003: Provided further, That if the United 

States does not rejoin the International Coffee Organization by June 

1, 2003, the amount allocated under the previous proviso should be 

made available for the United Nations Center for Human Settlements (UN-HABITAT) in addition to other funds made available for 

UN-HABITAT under this heading. 

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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 

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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 ExportImport Bank or its agents: Provided further, That assistance or 

other financing under this Act or under prior foreign operations, export financing, and related programs appropriations Acts may be 

provided for humanitarian and relief assistance for Iraq notwithstanding the provisions of this section or any other provision of law, 

including comparable provisions contained in prior foreign operations, export financing, and related programs appropriations Acts, 

if the President determines that the provision of assistance or other 

financing for Iraq is important to the national security interests of 

the United States: Provided further, That such assistance or financing shall be subject to the regular notification procedures of the 

Committees on Appropriations, except that notifications shall be 

transmitted at least 5 days in advance of obligations of funds: Provided further, 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. 

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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. 

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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 the United States are likely 

to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations. 

(b) None of the funds appropriated by this or any other Act to 

carry out chapter 1 of part I of the Foreign Assistance Act of 1961 

shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in 

175

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 

176

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 any other Independent State of the former Soviet Union, 

such as those violations included in the Helsinki Final Act: Provided, That such funds may be made available without regard to 

the restriction in this subsection if the President determines that to 

do so is in the national security interest of the United States. 

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(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 

178

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 

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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. 

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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 

law in countries with a significant Muslim population, and where 

such programs and activities would be important to United States 

efforts to respond to, deter, or prevent acts of international terrorism: Provided, That funds made available pursuant to the authority of this subsection should support new initiatives or bolster 

ongoing programs and activities in those countries: Provided further, That not less than $3,000,000 should be made available for 

programs and activities that provide professional training for journalists: Provided further, That notwithstanding any other provision 

of law, funds made available pursuant to the authority of this subsection may be made available to support the advancement of democracy and human rights in Iran: Provided further, That funds 

made available pursuant to this subsection shall be subject to the 

regular notification procedures of the Committees on Appropriations. 

(c) Of the funds made available under subsection (a), not less 

than $9,000,000 shall be made available for the Human Rights and 

Democracy Fund of the Bureau of Democracy, Human Rights and 

Labor, Department of State, to support the activities described in 

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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 debtfor-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 

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182

eign 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 

may be agreed to by the government of that country and the United 

States Government. 

(5) REPORTING REQUIREMENT.—The Administrator of the 

United States Agency for International Development shall report on 

an annual basis as part of the justification documents submitted to 

the Committees on Appropriations on the use of local currencies for 

the administrative requirements of the United States Government as 

authorized in subsection (a)(2)(B), and such report shall include the 

amount of local currency (and United States dollar equivalent) used 

and/or to be used for such purpose in each applicable country. 

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assistance is made available to the government of a foreign country, 

under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign 

Assistance Act of 1961, as cash transfer assistance or as nonproject 

sector assistance, that country shall be required to maintain such 

funds in a separate account and not commingle them with any other 

funds. 

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(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. 

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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 relocate outside the United States if such 

incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because 

United States production is being replaced by such enterprise 

outside the United States; or 

(b) assistance for any program, project, or activity that contributes to the violation of internationally recognized workers 

rights, as defined in section 507(4) of the Trade Act of 1974, of 

workers in the recipient country, including any designated zone 

or area in that country: Provided, That the application of section 507(4)(D) and (E) of such Act should be commensurate 

with the level of development of the recipient country and sector, 

and shall not preclude assistance for the informal sector in such 

country, micro and small-scale enterprise, and smallholder agriculture. 

SPECIAL AUTHORITIES

SEC. 534. (a) AFGHANISTAN, LEBANON, MONTENEGRO, VICTIMS

OF WAR, DISPLACED CHILDREN, AND DISPLACED BURMESE.—Funds 

appropriated by this Act that are made available for assistance for 

Afghanistan may be made available notwithstanding section 512 of 

this Act and any similar provision of law, and funds appropriated 

in titles I and II of this Act that are made available for Lebanon, 

Montenegro, and for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and, 

subject to the regular notification procedures of the Committees on 

Appropriations, to combat such trafficking, may be made available 

notwithstanding any other provision of law. 

(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION ACTIVITIES.—Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the 

Foreign Assistance Act of 1961 may be used, notwithstanding any 

other provision of law, for the purpose of supporting tropical forestry 

and biodiversity conservation activities and energy programs aimed 

at reducing greenhouse gas emissions: Provided, That such assistance shall be subject to sections 116, 502B, and 620A of the Foreign 

Assistance Act of 1961. 

185

(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 

186

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. 

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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 

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188

ing 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 upon timely request any document, 

file, or record necessary to the auditing requirements of the United 

States Agency for International Development. 

PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING

INTERNATIONAL TERRORISM

SEC. 543. (a) None of the funds appropriated or otherwise made 

available by this Act may be available to any foreign government 

which provides lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist 

government for purposes of section 6(j) of the Export Administration 

Act. 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. 

189

(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) 

190

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. 

191

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 

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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 ‘‘Devel- opment 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 green house 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. 

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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 BurmaThailand 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 

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cedures 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 

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tions 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, AntiTerrorism, 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 

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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. 

197

(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 

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vided, 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 

199

is punishing those members of the Indonesian Armed Forces 

found to have committed such violations of human rights or to 

have aided or abetted militia groups; 

(3) the Indonesian Armed Forces are cooperating with civilian prosecutors and judicial authorities in such cases (including providing access to witnesses, relevant military documents, 

and other requested information); and 

(4) the Minister of Defense is making publicly available audits of receipts and expenditures of the Indonesian Armed 

Forces. 

RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS DESTABILIZING

SIERRA LEONE

SEC. 570. (a) None of the funds appropriated by this Act may 

be made available for assistance for the government of any country 

for which the Secretary of State determines there is credible evidence that such government has aided or abetted, within the previous 6 months, in the illicit distribution, transportation, or sale of 

diamonds mined in Sierra Leone. 

(b) 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. 

200

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. 

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propriations 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 armed forces, border guards, or other security 

forces of such countries. 

(e) For purposes of this section, the term ‘‘countries of Central 

Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, 

and Turkmenistan. 

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 575. Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to Israel, Egypt and 

NATO and major non-NATO allies for the procurement by leasing 

(including leasing with an option to purchase) of defense articles 

from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft 

having possible civilian application), if the President determines 

that there are compelling foreign policy or national security reasons 

for those defense articles being provided by commercial lease rather 

than by government-to-government sale under such Act. 

WAR CRIMINALS

SEC. 576. (a)(1) None of the funds appropriated or otherwise 

made available pursuant to this Act may be made available for assistance, and the Secretary of the Treasury shall instruct the United 

States executive directors to the international financial institutions 

to vote against any new project involving the extension by such institutions of any financial or technical assistance, to any country, 

entity, or municipality whose competent authorities have failed, as 

determined by the Secretary of State, to take necessary and significant steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the 

former Yugoslavia (the ‘‘Tribunal’’) all persons in their territory who 

have been indicted by the Tribunal and to otherwise cooperate with 

the Tribunal. 

(2) The provisions of this subsection shall not apply to humanitarian assistance or assistance for democratization. 

(b) 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 

202

(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). 

203

(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). 

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(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, and on the implementation of procedures that have been established to meet the standards of the Department of State regarding compliance with the requirements of section 301(c). 

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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 

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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.

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(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 

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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 

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Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult 

and conference, as required by section 7 of such Act in connection 

with wildland fire management activities: Provided further, That 

the Secretary of the Interior may use wildland fire appropriations 

to enter into non-competitive sole source leases of real property with 

local governments, at or below fair market value, 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 

210

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 

211

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 such amounts as may be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C. 

1701), and such amounts as may be advanced for administrative 

costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act, to remain available until 

expended. 

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be 

available for purchase, erection, and dismantlement of temporary 

structures, and alteration and maintenance of necessary buildings 

and appurtenant facilities to which the United States has title; up 

to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by 

the Bureau; miscellaneous and emergency expenses of enforcement 

activities authorized or approved by the Secretary and to be accounted for solely on her certificate, not to exceed $10,000: Provided, 

That notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by 

law, procure printing services from cooperators in connection with 

jointly produced publications for which the cooperators share the 

cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife 

Service, for scientific and economic studies, conservation, management, investigations, protection, and utilization of fishery and wildlife resources, except whales, seals, and sea lions, maintenance of 

the herd of long-horned cattle on the Wichita Mountains Wildlife 

Refuge, general administration, and for the performance of other 

authorized functions related to such resources by direct expenditure, 

contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, $917,429,000, to remain 

available until September 30, 2004, except as otherwise provided 

herein: Provided, That not less than $2,000,000 shall be provided 

to local governments in southern California for planning associated 

with the Natural Communities Conservation Planning (NCCP) program and shall remain available until expended: Provided further, 

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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. 

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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. 

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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 

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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 

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of Everglades restoration shall remain available until expended; of 

which $85,280,000, to remain available until September 30, 2004, 

is for maintenance repair or rehabilitation projects for constructed 

assets, operation of the National Park Service automated facility 

management software system, and comprehensive facility condition 

assessments; and of which $2,000,000 is for the Youth Conservation 

Corps for high priority projects: Provided, That the only funds 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 

217

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 

218

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 Everglades

watershed (consisting of lands and waters within the boundaries of 

the South Florida Water Management District, Florida Bay and the 

Florida Keys, including the areas known as the Frog Pond, the 

Rocky Glades and the Eight and One-Half Square Mile Area) under 

terms and conditions deemed necessary by the Secretary to improve 

and restore the hydrological function of the Everglades watershed: 

Provided further, That funds provided under this heading for assistance to the State of Florida to acquire lands within the Everglades watershed are contingent upon new matching non-Federal 

funds by the State, or are matched by the State pursuant to the costsharing 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 

219

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 

220

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 into new cooperative agreements directed towards a particular cooperator, in support of joint research and data collection 

activities with Federal, State, and academic partners funded by appropriations herein, including those that provide for space in cooperator facilities. 

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental 

studies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements; including the purchase of not to exceed eight passenger 

motor vehicles for replacement only, $165,321,000, of which 

$83,284,000, shall be available for royalty management activities; 

and an amount not to exceed $100,230,000, to be credited to this appropriation and to remain available until expended, from additions 

to receipts resulting from increases to rates in effect on August 5, 

1993, from rate increases to fee collections for Outer Continental 

Shelf administrative activities performed by the Minerals Management Service over and above the rates in effect on September 30, 

1993, and from additional fees for Outer Continental Shelf administrative activities established after September 30, 1993: Provided, 

That to the extent $100,230,000 in additions to receipts are not realized from the sources of receipts stated above, the amount needed to 

reach $100,230,000 shall be credited to this appropriation from receipts resulting from rental rates for Outer Continental Shelf leases 

in effect before August 5, 1993: Provided further, That $3,000,000 

for computer acquisitions shall remain available until September 

30, 2004: Provided further, That funds appropriated under this Act 

shall be available for the payment of interest in accordance with 30 

U.S.C. 1721(b) and (d): Provided further, That not to exceed $3,000 

shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities: Provided further, That 

notwithstanding any other provision of law, $15,000 under this 

heading shall be available for refunds of overpayments in connection with certain Indian leases in which the Director of the Minerals 

Management Service (MMS) concurred with the claimed refund due, 

to pay amounts owed to Indian allottees or tribes, or to correct prior 

unrecoverable erroneous payments: Provided further, That MMS 

may under the royalty-in-kind pilot program, or under its authority 

to transfer oil to the Strategic Petroleum Reserve, use a portion of 

the revenues from royalty-in-kind sales, without regard to fiscal 

year limitation, to pay for transportation to wholesale market centers or upstream pooling points, to process or otherwise dispose of 

221

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 royaltyin-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 

222

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 total of the grants made available to the State under title IV of 

the Surface Mining Control and Reclamation Act of 1977, as 

amended (30 U.S.C. 1231 et seq.), if the amount set aside is deposited in an acid mine drainage abatement and treatment fund established under a State law, pursuant to which law the amount (together with all interest earned on the amount) is expended by the 

State to undertake acid mine drainage abatement and treatment 

projects, except that before any amounts greater than 10 percent of 

its title IV grants are deposited in an acid mine drainage abatement 

and treatment fund, the State of Maryland must first complete all 

Surface Mining Control and Reclamation Act priority one projects. 

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For expenses necessary for the operation of Indian programs, as 

authorized by law, including the Snyder Act of November 2, 1921 

(25 U.S.C. 13), the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the Education 

Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 

$1,857,319,000, to remain available until September 30, 2004 except 

as otherwise provided herein, of which not to exceed $87,857,000 

shall be for welfare assistance payments and notwithstanding any 

other provision of law, including but not limited to the Indian SelfDetermination 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 

223

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). 

224

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 

225

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 

226

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 

227

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 

228

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, That all funds used pursuant to this section are hereby designated by Congress to be ‘‘emergency requirements’’ pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985, and must be replenished by 

a supplemental appropriation which must be requested as promptly 

as possible. 

SEC. 102. The Secretary may authorize the expenditure or 

transfer of any no year appropriation in this title, in addition to the 

amounts included in the budget programs of the several agencies, 

for the suppression or emergency prevention of wildland fires on or 

threatening lands under the jurisdiction of the Department of the 

Interior; for the emergency rehabilitation of burned-over lands 

under its jurisdiction; for emergency actions related to potential or 

actual earthquakes, floods, volcanoes, storms, or other unavoidable 

causes; for contingency planning subsequent to actual oil spills; for 

response and natural resource damage assessment activities related 

to actual oil spills; for the prevention, suppression, and control of 

actual or potential grasshopper and Mormon cricket outbreaks on 

lands under the jurisdiction of the Secretary, pursuant to the authority in section 1773(b) of Public Law 99–198 (99 Stat. 1658); for 

229

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 

230

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 United States, or are fully 

collateralized to ensure protection of the funds, even in the event 

of a bank failure. 

SEC. 112. Notwithstanding any other provisions of law, the National Park Service shall not develop or implement a reduced entrance fee program to accommodate non-local travel through a unit. 

The Secretary may provide for and regulate local non-recreational 

passage through units of the National Park System, allowing each 

unit to develop guidelines and permits for such activity appropriate 

to that unit. 

SEC. 113. Appropriations made in this Act under the headings 

Bureau of Indian Affairs and Office of Special Trustee for American 

Indians and any available unobligated balances from prior appropriations Acts made under the same headings, shall be available for 

expenditure or transfer for Indian trust management and reform activities. 

SEC. 114. Notwithstanding 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 

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231

ministered 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. 

232

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 through 2007 to provide grants 

to Indian tribes for the construction of tribally controlled schools. 

(1) IN GENERAL.—Subject to the availability of appropriations, in carrying out the demonstration program under subsection (b), the Secretary shall award a grant to each Indian 

tribe that submits an application that is approved by the Secretary under paragraph (2). The Secretary shall ensure that an 

Indian tribe that agrees to fund all future operation and maintenance costs of the tribally controlled school constructed under 

the demonstration program from other than federal funds receives the highest priority for a grant under this section. 

(2) GRANT APPLICATIONS.—An application for a grant 

under the section shall—

(A) include a proposal for the construction of a tribally 

controlled school of the Indian tribe that submits the application; and 

(B) be in such form as the Secretary determines appropriate. 

(3) GRANT AGREEMENT.—As a condition to receiving a 

grant under this section, the Indian tribe shall enter into an 

agreement with the Secretary that specifies—

(A) the costs of construction under the grant; 

233

(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. 

234

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 Senior Executive 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, EduVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00236 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.114 HR010
235

cation 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. 

236

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-AlasVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00238 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.115 HR010
237

ka 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)). 

238

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 

239

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 cityowned 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, 

240

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. 

241

‘‘(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 

242

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, and shall be in addition to any reimbursement for 

travel, subsistence and other necessary expenses incurred by the 

Chair in the performance of the Chair’s duties. 

WILDLAND FIRE MANAGEMENT

For necessary expenses for forest fire presuppression activities 

on National Forest System lands, for emergency fire suppression on 

or adjacent to such lands or other lands under fire protection agreement, hazardous fuel reduction on or adjacent to such lands, and 

for emergency rehabilitation of burned-over National Forest System 

lands and water, $1,379,938,000, to remain available until exVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00244 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.119 HR010
243

pended: 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 subVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00245 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.120 HR010
244

ject 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 pro- vided 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 proVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00246 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.120 HR010
245

vision of law, funds provided for construction of facilities at Purdue 

University in Indiana in this Act, in the amount of $1,700,000 shall 

be available to the University, and $1,000,000 provided in this Act 

for construction of facilities in Cordova, Alaska shall be available 

to the city. 

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land 

and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 

460l–4 through 11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with 

statutory authority applicable to the Forest Service, $133,815,000 to

be derived from the Land and Water Conservation Fund and to remain available until expended: Provided, That from amounts previously appropriated under this heading for the acquisition of lands 

in the Tongass National Forest, $350,000 shall be provided as an 

advance direct lump sum payment to the City of Juneau for the acquisition of 10.5 acres of land in Southeastern Alaska for a wild 

bird rehabilitation clinic and nature education center. 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the 

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 

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. 

246

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 

247

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 Fish and Wildlife Foundation, as 

authorized by 16 U.S.C. 3701–3709, and may be advanced in a 

lump sum as Federal financial assistance, without regard to when 

expenses are incurred, for projects on or benefitting National Forest 

System lands or related to Forest Service programs: Provided, That 

the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match on at least onefor-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. 

248

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 

249

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 

250

include provisions for repayment of Government contributions to individual projects in an amount up to the Government contribution 

to the project on terms and conditions that are acceptable to the Department including repayments from sale and licensing of technologies from both domestic and foreign transactions: Provided further, That such repayments shall be retained by the Department for 

future coal-related research, development and demonstration 

projects: Provided further, That any technology selected under this 

program shall be considered a Clean Coal Technology, and any 

project selected under this program shall be considered a Clean 

Coal Technology Project, for the purposes of 42 U.S.C. § 7651n, and 

Chapters 51, 52, and 60 of title 40 of the Code of Federal Regulations: Provided further, That no part of the sum herein made available shall be used for the field testing of nuclear explosives in the 

recovery of oil and gas: Provided further, That up to 4 percent of 

program direction funds available to the National Energy Technology Laboratory may be used to support Department of Energy activities not included in this account. 

NAVAL PETROLEUM AND OIL SHALE RESERVES

For expenses necessary to carry out naval petroleum and oil shale reserve activities, $17,831,000, to remain available until expended: Provided, That, notwithstanding any other provision of 

law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. 

ELK HILLS SCHOOL LANDS FUND

For necessary expenses in fulfilling installment payments under 

the Settlement Agreement entered into by the United States and the 

State of California on October 11, 1996, as authorized by section 

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 Of- fice 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 

251

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 

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252

endar days to a day certain) from the receipt by the Speaker of the 

House of Representatives and the President of the Senate of a full 

comprehensive report on such project, including the facts and circumstances relied upon in support of the proposed project. 

No funds provided in this Act may be expended by the Department of Energy to prepare, issue, or process procurement documents 

for programs or projects for which appropriations have not been 

made. 

In addition to other authorities set forth in this Act, the Secretary may accept fees and contributions from public and private 

sources, to be deposited in a contributed funds account, and prosecute projects using such fees and contributions in cooperation with 

other Federal, State or private agencies or concerns. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954 

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health 

Care Improvement Act, and titles II and III of the Public Health 

Service Act with respect to the Indian Health Service, 

$2,492,115,000, together with payments received during the fiscal 

year pursuant to 42 U.S.C. 238(b) for services furnished by the Indian Health Service: Provided, That funds made available to tribes 

and tribal organizations through contracts, grant agreements, or 

any other agreements or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), 

shall be deemed to be obligated at the time of the grant 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: ProVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00254 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.123 HR010
253

vided 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, 

254

$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 notwithstanding any other provision of law or regulation, for purposes of 

acquiring sites for a new clinic and staff quarters in St. Paul Island, Alaska, the Secretary of Health and Human Services may accept land donated by the Tanadgusix Corporation. 

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations in this Act to the Indian Health Service shall be 

available for services as authorized by 5 U.S.C. 3109 but at rates 

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255

able 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. 

256

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, Hopipartitioned 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, 

257

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. 

258

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. 

259

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 available to the National Endowment for the 

Humanities for the purposes of section 7(h): Provided, That this apVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00261 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.126 HR010
260

propriation 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. 

261

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 

262

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 committee reports for the Bureau 

of Indian Affairs and the Indian Health Service by Public Laws 

103–138, 103–332, 104–134, 104–208, 105–83, 105–277, 106–113, 

106–291, and 107–63 for payments to tribes and tribal organizations for contract support costs associated with self-determination or 

self-governance contracts, grants, compacts, or annual funding 

agreements with the Bureau of Indian Affairs or the Indian Health 

Service as funded by such Acts, are the total amounts available for 

fiscal years 1994 through 2002 for such purposes, except that, for 

the Bureau of Indian Affairs, tribes and tribal organizations may 

use their tribal priority allocations for unmet indirect costs of ongoing contracts, grants, self-governance compacts or annual funding 

agreements. 

SEC. 309. 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 litVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00264 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.127 HR010
263

erature 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; 

264

(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 onduty with the agency being contacted. 

265

SEC. 318. No timber sale in Region 10 shall be advertised if the 

indicated rate is deficit when appraised using a residual value approach that assigns domestic Alaska values for western redcedar. 

Program accomplishments shall be based on volume sold. Should 

Region 10 sell, in fiscal year 2003, the annual average portion of 

the decadal allowable sale quantity called for in the current 

Tongass Land Management Plan in sales which are not deficit 

when appraised using a residual value approach that assigns domestic Alaska values for western redcedar, all of the western 

redcedar timber from those sales which is surplus to the needs of 

domestic processors in Alaska, shall be made available to domestic 

processors in the contiguous 48 United States at prevailing domestic 

prices. Should Region 10 sell, in fiscal year 2003, less than the annual average portion of the decadal allowable sale quantity called 

for in the Tongass Land Management Plan in sales which are not 

deficit when appraised using a residual value approach that assigns 

domestic Alaska values for western redcedar, the volume of western 

redcedar timber available to domestic processors at prevailing domestic prices in the contiguous 48 United States shall be that volume: (i) which is surplus to the needs of domestic processors in 

Alaska, and (ii) is that percent of the surplus western redcedar volume determined by calculating the ratio of the total timber volume 

which has been sold on the Tongass to the annual average portion 

of the decadal allowable sale quantity called for in the current 

Tongass Land Management Plan. The percentage shall be calculated by Region 10 on a rolling basis as each sale is sold (for purposes of this amendment, a ‘‘rolling basis’’ shall mean that the determination of how much western redcedar is eligible for sale to various markets shall be made at the time each sale is awarded). Western redcedar shall be deemed ‘‘surplus to the needs of domestic processors in Alaska’’ when the 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; 

266

(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’’; 

267

(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, 

268

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 FIN- GER 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 

269

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: 

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‘‘(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 HergerFeinstein 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 POL- ICY 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 

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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; 

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(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.). 

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(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—

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(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 federallyrecognized 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 conVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00276 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.133 HR010
275

veyed 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.—

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(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.—

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(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 

278

(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 

279

bodies shall have the same civil adjudicatory, regulatory, and 

taxing jurisdiction over the Area as was exercised by those entities on the day before the date of enactment of this Act. 

(2) JURISDICTION OF THE PUEBLO.— (A) IN GENERAL.—The Pueblo shall have exclusive civil 

adjudicatory jurisdiction over—

(i) a dispute involving only members of the Pueblo; 

(ii) a civil action brought by the Pueblo against a 

member of the Pueblo; and 

(iii) a civil action brought by the Pueblo against a 

member of another federally-recognized Indian tribe for 

a violation of an understanding between the Pueblo 

and the other tribe regarding use of or access to the 

Area for traditional or cultural uses. 

(B) REGULATORY JURISDICTION.—The Pueblo shall 

have no regulatory jurisdiction over the Area, except that 

the Pueblo shall have exclusive authority to—

(i) regulate traditional or cultural uses by the 

members of the Pueblo and administer access to the 

Area by other federally-recognized Indian tribes for 

traditional or cultural uses, to the extent such regulation is consistent with this title; and 

(ii) regulate hunting and trapping in the Area by 

members of the Pueblo, to the extent that the hunting 

or trapping is related to traditional or cultural uses, 

except that such hunting and trapping outside of that 

portion of the Area in sections 13, 14, 23, 24, and the 

northeast quarter of section 25 of T12N, R4E, and section 19 of T12N, R5E, N.M.P.M., Sandoval County, 

New Mexico, shall be regulated by the Pueblo in a 

manner consistent with the regulations of the State of 

New Mexico concerning types of weapons and proximity 

of hunting and trapping to trails and residences. 

(C) TAXING JURISDICTION.—The Pueblo shall have no 

authority to impose taxes within the Area. 

(3) STATE AND LOCAL TAXING JURISDICTION.—The State of 

New Mexico and local public bodies shall have no authority 

within the Area to tax the uses or the property of the Pueblo, 

members of the Pueblo, or members of other federally-recognized 

Indian tribes authorized to use the Area under section 

405(a)(4). 

SEC. 409. 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, exVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00281 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.135 HR010
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cept 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 

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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. 

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(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-ofway 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-ofway 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 

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(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 

284

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 nonFederal 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. 

285

(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. 

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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 communitybased 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. 

287

(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 scholarVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00289 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.139 HR010
288

ships 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 

289

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: 

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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 

291

$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; of which $143,452,000, together with not to exceed 

$773,283,000 of the amount which may be expended from said trust 

fund, shall be available for obligation for the period July 1, 2003 

through June 30, 2004, to fund activities under the Act of June 6, 

1933, as amended, including the cost of penalty mail authorized 

under 39 U.S.C. 3202(a)(1)(E) made available to States in lieu of 

allotments for such purpose: Provided, That to the extent that the 

Average Weekly Insured Unemployment (AWIU) for fiscal year 2003 

292

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 WagnerPeyser 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 pro- grams, $121,424,000, including $4,711,000 to administer welfare-towork 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 Ad- ministration, $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 

293

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 

294

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 operVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00296 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.143 HR010
295

ation 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; 

296

(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. 

297

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. Newport News Shipbuilding, 

115 S. Ct. 1278 (1995), notwithstanding any provisions to the contrary contained in Rule 15 of the Federal Rules of Appellate Procedure: Provided further, That no funds made available by this Act 

may be used by the Secretary of Labor to review a decision under 

the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 

901 et seq.) that has been appealed and that has been pending before the Benefits Review Board for more than 12 months: Provided 

298

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. 

299

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, 

300

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 

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stinence 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 

302

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, 

303

$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 nonfederal 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 availVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00305 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.149 HR010
304

able 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. 

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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. 

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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) 

307

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 colVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00309 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.151 HR010
308

lected 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 inVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00310 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.151 HR010
309

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 risksharing 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 

310

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 So- cial Security Act, $1,700,000,000: Provided, That notwithstanding 

subparagraph (B) of section 404(d)(2) of such Act, the applicable 

percent specified under such subparagraph for a State to carry out 

State programs pursuant to title XX of such Act shall be 10 percent. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway 

and Homeless Youth Act, the Developmental Disabilities Assistance 

and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, sections 310 and 316 of the Family Violence Prevention and Services Act, as amended, the Native American Programs Act of 1974, title II of Public Law 95–266 (adoption 

opportunities), the Adoption and Safe Families Act of 1997 (Public 

Law 105–89), sections 1201 and 1211 of the Children’s Health Act 

of 2000, the Abandoned Infants Assistance Act of 1988, the Early 

311

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. 

312

PROMOTING SAFE AND STABLE FAMILIES

For carrying out section 436 of the Social Security Act, 

$305,000,000 and for section 437, $100,000,000. 

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

For making payments to States or other non-Federal entities 

under title IV–E of the Social Security Act, $4,855,000,000. 

For making payments to States or other non-Federal entities 

under title IV–E of the Act, for the first quarter of fiscal year 2004, 

$1,745,600,000. 

For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under section 474 of title IV–

E, for the last 3 months of the current fiscal year for unanticipated 

costs, incurred for the current fiscal year, such sums as may be necessary. 

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

For carrying out, to the extent not otherwise provided, the Older 

Americans Act of 1965, as amended, and section 398 of the Public 

Health Service Act, $1,376,001,000, of which $5,500,000 shall be 

available for activities regarding medication management, screening, and education to prevent incorrect medication and adverse 

drug reactions: Provided, That $149,670,000 shall be available for 

carrying out section 311 of the Older Americans Act of 1965 consistent with the formula of such Act (as amended by section 217 of 

this Act). 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general departmental management, including hire of six sedans, and for carrying out titles III, XVII, and XX of the Public Health Service Act, 

and the United States-Mexico Border Health Commission Act, 

$361,364,000, together with $5,851,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act 

from the Hospital Insurance Trust Fund and the Supplemental 

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. 

313

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 

314

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 shall be used to pay the salary of an individual, 

through a grant or other extramural mechanism, at a rate in excess 

of Executive Level I. 

SEC. 205. 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. 

315

(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. 

316

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 additional funds required by the 

certification described in subsection (a) as late as July 31, 2003. 

(e) None of the funds appropriated by this Act may be used to 

withhold substance abuse funding pursuant to section 1926 from a 

territory that receives less than $1,000,000. 

SEC. 215. In order for the Centers for Disease Control and Prevention to carry out international health activities, including HIV/

AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2003, the 

Secretary of Health and Human Services is authorized to provide 

such funds by advance or reimbursement to the Secretary 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 

317

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 

318

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 IN- COME HOME ENERGY ASSISTANCE’’ under the heading ‘‘ADMINISTRA- TION 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. 

319

IMPACT AID

For carrying out programs of financial assistance to federally 

affected schools authorized by title VIII of the Elementary and Secondary Education Act of 1965, $1,196,000,000, of which 

$1,032,000,000 shall be for basic support payments under section 

8003(b), $51,000,000 shall be for payments for children with disabilities under section 8003(d), $45,000,000 shall be for construction 

under section 8007 and shall remain available through September 

30, 2004, $60,000,000 shall be for Federal property payments under 

section 8002, and $8,000,000, to remain available until expended, 

shall be for facilities maintenance under section 8008. 

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by titles II, IV, V, VI, and parts B and C of title VII of the Elementary 

and Secondary Education Act of 1965 (‘‘ESEA’’); part B of title II 

of the Higher Education Act; the McKinney-Vento Homeless Assistance Act; and the Civil Rights Act of 1964, $8,052,957,000, of which 

$508,100,000 shall become available October 1, 2002, and shall remain available through September 30, 2004, of which 

$4,132,167,000 shall become available on July 1, 2003, and remain 

available through September 30, 2004, and of which $1,765,000,000 

shall become available on October 1, 2003, and shall remain available through September 30, 2004, for academic year 2003–2004: 

Provided, That up to $12,000,000 may be used to carry out section 

2345 of the ESEA: Provided further, That of the amount made 

available for subpart 3, part C, of title II of the ESEA, $3,000,000 

shall be used by the Center for Civic Education to implement a comprehensive program to improve public knowledge, understanding, 

and support of the Congress and the state legislatures: Provided further, That of the funds made available for subpart 2 of part A of 

title IV of the ESEA, $5,000,000, to remain available until expended, shall be for the Project School Emergency Response to Violence program to provide education-related services to local educational agencies in which the learning environment has been disrupted due to a violent or traumatic crisis: Provided further, That 

$75,000,000 for continuing and new grants to demonstrate effective 

approaches to comprehensive school reform shall be allocated and 

expended in the same manner as the funds provided under the 

Fund for the Improvement of Education for this purpose were allocated and expended in fiscal year 2002: Provided further, That 

$162,000,000 shall be available to support the activities authorized 

under subpart 4 of part D of title V of the ESEA, of which up to 

5 percent shall become available October 1, 2002, for evaluation, 

technical assistance, school networking, peer review of applications, 

and program outreach activities and of which not less than 95 percent shall become available on July 1, 2003, and remain available 

through September 30, 2004, for grants to local educational agencies: Provided further, That funds made available 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 

320

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 

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ive 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 of the Education of the Deaf Act of 

1986 (20 U.S.C. 4301 et seq.), $98,438,000: Provided, That from the 

total amount available, the University may at its discretion use 

funds for the endowment program as authorized under section 207. 

VOCATIONAL AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the Carl 

D. Perkins Vocational and Applied Technology Education Act, and 

the Adult Education and Family Literacy Act, and title VIII–D of 

the Higher Education Act of 1965, as amended, and Public Law 

102–73, $1,956,060,000, of which $1,158,060,000 shall become 

available on July 1, 2003 and shall remain available through September 30, 2004 and of which $791,000,000 shall become available 

on October 1, 2003 and shall remain available through September 

30, 2004: Provided, That notwithstanding any other provision of 

law or any regulation, the Secretary of Education shall not require 

the use of a restricted indirect cost rate for grants issued pursuant 

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 deterVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00323 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.159 HR010
322

mined 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 

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323

ment 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. 

324

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’’. 

325

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 to digital broadcasting, to be 

awarded as determined by the Corporation in consultation with 

public radio and television licensees or permittees, or their designated representatives: Provided further, That in addition to the 

funds provided under this heading in Public Law 106–554, 

$183,000 shall be available for administrative costs for fiscal year 

2003, notwithstanding section 396(k)(3)(A) of the Public Broadcasting Act. 

326

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 HonoVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00328 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.162 HR010
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lulu, Hawaii, $400,000 shall be awarded to the Boston Public Library Foundation, Boston, Massachusetts, for preservation and enhancement of the John Adams Presidential Library and for related 

educational programs, $250,000 shall be awarded to the Bowers 

Museum, City of Santa Ana, California, for education programs, 

publications and technology, $500,000 shall be awarded to the 

Brooklyn Children’s Museum, Brooklyn, New York, for equipment 

and technology, exhibits and education programs, $100,000 shall be 

awarded to the Butler Area Public Library, Pennsylvania, for program enhancements, $275,000 shall be awarded to the California 

State University, San Marcos, California, to upgrade electronic 

catalog and to provide computer stations for the library, $175,000 

shall be awarded to the Cape Cod Maritime Museum to develop exhibits and academic programs, $200,000 shall be awarded to the 

Carnegie Library of Pittsburgh, Pennsylvania, to purchase library 

materials and upgrade technology at the East Liberty Branch Library, $250,000 shall be awarded to the Carnegie Library, Union 

Springs, Alabama, for program development, $75,000 shall be 

awarded to the Chicago State University Gwendolyn Brooks Center 

to expand its repository of the literary works of Gwendolyn Brooks, 

$100,000 shall be awarded to the Chickasaw Cultural Center in 

Chickasaw, Oklahoma, $100,000 shall be awarded to the Children’s 

Museum of Manhattan, New York, New York, to establish early 

childhood education programs and exhibits, $100,000 shall be 

awarded to the Children’s Museum of Stockton, Stockton, California, for a Delta Region Exhibit, $100,000 shall be awarded to the 

City of Abilene, Texas, for the collection and display of artifacts, 

and for exhibits at the Texas Forts Trail Museum, $50,000 shall be 

awarded to the City of Anatuvik Pass Museum in Alaska for museum exhibits, $200,000 shall be awarded to the City of Dallas, 

Texas, for the Dallas Public Library, to establish ‘‘Teen Wise Centers’’ for at-risk youth, $150,000 shall be awarded to the Clark 

County Heritage Center, Springfield, Ohio, for technology upgrades 

and exhibit development, $250,000 shall be awarded to the Cleveland Health Museum, Ohio, for exhibits, $400,000 shall be awarded 

to the Commonwealth Zoological Corporation (Zoo New England), 

Boston, Massachusetts, for the ‘‘Living Classroom’’ science education 

program and for outreach, $800,000 shall be awarded to the Davenport Music History Museum in Davenport, Iowa, $300,000 shall 

be awarded to the Dayton Aviation Heritage National Historical 

Park in Ohio for education and cultural programs, $75,000 shall be 

awarded to the Delaware and Lehigh National Heritage Corridor, 

Easton, Pennsylvania, to establish a National Museum of Industrial 

History in Bethlehem, Pennsylvania, to display a repository of industrial machines, equipment and technology of the 19th and 20th 

centuries focusing on steel, $75,000 shall be awarded to the Delaware County Historical Society, Media, 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 

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cational programs, $100,000 shall be awarded to the Fine Arts Museums of San Francisco to expand educational programming and 

technology improvements at the de Young Museum, $1,000,000 shall 

be awarded to the Florida International Museum, St. Petersburg, 

Florida, for the Centennial Russian Museum Exhibit, $200,000 

shall be awarded to the Franklin Institute, Philadelphia, Pennsylvania, for exhibits, professional development and educational programming to students to explore bioscience and biotechnology, 

$200,000 shall be awarded to the Frederick C. Crawford Museum 

of Transportation Industry, Cleveland, Ohio, for educational programming, planning and exhibits, $900,000 shall be awarded to the 

Fresno Metropolitan Museum of Art, History and Science, Fresno, 

California, for technology, exhibits, educational and outreach programs, and to develop a science-based exhibition and learning center, $100,000 shall be awarded to the Gadsden Museum of Art in 

Alabama for museum programs, $278,000 shall be awarded to the 

George Eastman House, Rochester, New York, for the ‘‘Picture Link’’ 

project, $100,000 shall be awarded to the Georgia Hall of Fame at 

Museum of Aviation in Warner Robins, Georgia, for educational activities and programs, $62,000 shall be awarded to the Glendale 

Public Library, Glendale, California, for personnel, equipment and 

other expenses to implement the Homework AssisTeens program, 

$200,000 shall be awarded to the Hesperia Community Library, 

Hesperia, California, to purchase library materials and upgrade 

technology, $150,000 shall be awarded to the Historical Society of 

Western Pennsylvania, for exhibits in conjunction with the 250th 

anniversary of the French and Indian War, $250,000 shall be 

awarded to the Holmdel Township Library, Monmouth County, 

New Jersey, for technology equipment and upgrades, $25,000 shall 

be awarded to the Hudson Waterfront Museum, Brooklyn, New 

York, to expand exhibits, education, arts and outreach programs, 

$200,000 shall be awarded to the Huntsville Museum of Art, Huntsville, Alabama, for exhibits and educational programs, $50,000 

shall be awarded to the Imaginarium Science Center in Anchorage, 

Alaska, to develop science exhibits and distance delivery modules, 

$150,000 shall be awarded to the Interboro Public Library, Pennsylvania, for library programs, $150,000 shall be awarded to the International Wolf Center, Minneapolis, Minnesota, for education, outreach, and teacher training programs, $300,000 shall be awarded 

to the Iowa Radio Reading Information Service (IRRIS), $150,000 

shall be awarded to the Italian-American Cultural Center of Iowa 

in Des Moines, Iowa, for exhibits, multi-media collections and 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, 

329

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 MexicArte 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 in Washburn, 

North Dakota, for exhibits and other interpretation, $250,000 shall 

be awarded to the Ogden Museum of Southern Art in New Orleans, 

Louisiana, $90,000 shall be awarded to the Oneonta City Library, 

Blount County, Alabama, for books, internet, audiovisual and reading aids, $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 

330

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 

331

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. 

332

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 of the 

333

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 teleVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00335 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.166 HR010
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communications 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. 

335

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 author- ized 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 

336

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 

337

of such drug or other substance or that federally sponsored clinical 

trials are being conducted to determine therapeutic advantage. 

SEC. 512. None of the funds made available in this Act may be 

obligated or expended to enter into or renew a contract with an entity if—

(1) such entity is otherwise a contractor with the United 

States and is subject to the requirement in section 4212(d) of 

title 38, United States Code, regarding submission of an annual 

report to the Secretary of Labor concerning employment of certain veterans; and 

(2) such entity has not submitted a report as required by 

that section for the most recent year for which such requirement 

was applicable to such entity. 

SEC. 513. None of the funds made available in this Act may be 

used to promulgate or adopt any final standard under section 

1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing 

for, or providing for the assignment of, a unique health identifier 

for an individual (except in an individual’s capacity as an employer 

or a health care provider), until legislation is enacted specifically 

approving the standard. 

SEC. 514. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 515. Section 1708 of the United States Institute of Peace 

Act (22 U.S.C. 4607) is amended in subsection (g), by striking ‘‘on 

or before December 31, 1970’’. 

This division may be cited as the ‘‘Departments of Labor, 

Health and Human Services, and Education, and Related Agencies 

Appropriations Act, 2003’’.

DIVISION H—LEGISLATIVE 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. 

338

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. 

339

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, Seventyninth 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. 

340

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 

341

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 COM- MITTEES’’ 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 (RE- VOLVING 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 REQUIRE- MENT 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 

342

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—

343

(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 reVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00345 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.171 HR010
344

main 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. 

345

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 

346

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. 

347

(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. 

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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. 

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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. 

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(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; 

351

‘‘(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). 

352

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: 

‘‘§ 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 

353

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 Sergeantat-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 Cap- itol 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 Of- ficer 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; REDE- FINING 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 nonvoting 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 

354

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 

355

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; 

356

(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.—

357

‘‘(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); 

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(2) serve as a special officer no longer than a period specified at the time of appointment; 

(3) not be a Federal employee by reason of service as a special officer, except as provided under paragraph (4); and 

(4) shall be an employee of the Government for purposes of 

chapter 171 of title 28, United States Code, if that individual 

is acting within the scope of his office or employment in service 

as a special officer. 

(c) QUALIFICATIONS.—Any individual appointed under subsection (a) shall be subject to—

(1) qualification requirements as the Chief of the Capitol 

Police determines necessary; and 

(2) approval by the Capitol Police Board. 

(d) REIMBURSEMENT AGREEMENTS.—Nothing in this section 

shall prohibit the Capitol Police from entering into an agreement for 

the reimbursement of services provided under this section with any 

Federal, State, or local agency. 

(e) Any appointment under this section shall be subject to initial approval by the Capitol Police Board and to final approval by 

the Speaker of the House of Representatives (in consultation with 

the Minority Leader of the House of Representatives) and the President pro tempore of the Senate (in consultation with the Minority 

Leader of the Senate), acting jointly. 

(f) Subject to approval by the Speaker of the House of Representatives (in consultation with the Minority Leader of the House 

of Representatives) and the President pro tempore of the Senate (in 

consultation with the Minority Leader of the Senate), acting jointly, 

the Capitol Police Board may prescribe regulations to carry out this 

section. 

(g) EFFECTIVE DATE.—This 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 GEN- ERAL.—

(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.—

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(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.—

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(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 employees shall be subject to the approval of the Committees referred to in clause (i). 

(2) BENEFITS.—Employees of the Capitol Police who are appointed by the Chief under the authority of this subsection shall 

be subject to the same type of benefits (including the payment 

of death gratuities, the withholding of debt, and health, retirement, Social Security, and other applicable employee benefits) 

as are provided to employees of the House of Representatives, 

and any such individuals serving as employees of the Capitol 

Police as of the date of enactment of this Act shall be subject 

to the same rules governing rights, protections, pay, and benefits in effect immediately before such date until such rules are 

changed under applicable laws or regulations. 

(f) WORKER’S COMPENSATION.—

(1) ACCOUNT.—There shall be established a separate account in the Capitol Police for purposes of making payments for 

employees of the Capitol Police under section 8147 of title 5, 

United States Code. 

(2) PAYMENTS WITHOUT FISCAL YEAR LIMITATION.—Notwithstanding any other provision of law, payments may be made 

from the account established under paragraph (1) of this subsection without regard to the fiscal year for which the obligation 

to make such payments is incurred. 

(g) EFFECT ON EXISTING LAW.—

(1) IN GENERAL.—The provisions of this section shall not be 

construed to reduce the pay or benefits of any employee of the 

Capitol Police whose pay was disbursed by the Chief Administrative Officer of the House of Representatives or the Secretary 

of the Senate before the date of enactment of this Act. 

(2) SUPERSEDING PROVISIONS.—All provisions of law inconsistent with this section are hereby superseded to the extent of 

the inconsistency. 

(h) CONFORMING AMENDMENTS.—(1) Section 1821 of the Revised Statutes of the United States (2 U.S.C. 1901) is amended by 

striking the third sentence. 

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(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 

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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 

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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 

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to this appropriation as herein provided shall be available for obligation during fiscal year 2003. 

LIBRARY BUILDINGS AND GROUNDS

For all necessary expenses for the mechanical and structural 

maintenance, care and operation of the Library buildings and 

grounds, $37,521,000, of which $18,014,000 shall remain available 

until September 30, 2007 and $5,500,000 shall remain available 

until expended. 

CAPITOL POLICE BUILDINGS AND GROUNDS

(INCLUDING TRANSFER OF FUNDS)

For all necessary expenses for the maintenance, care, and operation of buildings and grounds of the United States Capitol Police, 

$23,900,000, of which $23,500,000 shall remain available until September 30, 2007: Provided, That $22,000,000 of the amount provided is withheld from obligation subject to the notification of the 

Committees on Appropriations of the House of Representatives and 

Senate: Provided further, That any amounts provided to the Architect of the Capitol prior to the date of the enactment of this Act for 

maintenance, care, and operation of buildings of the United States 

Capitol Police which remain unobligated as of the date of the enactment of this Act shall be transferred to the account under this heading. 

BOTANIC GARDEN

For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, 

and collections; and purchase and exchange, maintenance, repair, 

and operation of a passenger motor vehicle; all under the direction 

of the Joint Committee on the Library, $6,103,000, of which 

$120,000 shall remain available until September 30, 2007: Provided, That this appropriation shall not be available for any activities of the National Garden. 

ADMINISTRATIVE PROVISIONS

SEC. 1201. SMALL 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 

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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 OPER- ATING 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. 

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(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 CAP- ITOL’’ 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 ARCHIVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00368 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.182 HR010
367

TECT 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; 

368

‘‘(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 speVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00370 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.183 HR010
369

cifically 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 apVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00371 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.184 HR010
370

propriated is available for the maintenance of an ‘‘International 

Copyright Institute’’ in the Copyright Office of the Library of Congress for the purpose of training nationals of developing countries 

in intellectual property laws and policies: Provided further, That 

not more than $4,250 may be expended, on the certification of the 

Librarian of Congress, in connection with official representation 

and reception expenses for activities of the International Copyright 

Institute and for copyright delegations, visitors, and seminars. 

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of section 203 

of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to 

revise and extend the Annotated Constitution of the United States 

of America, $86,952,000: Provided, That no part of such amount 

may be used to pay any salary or expense in connection with any 

publication, or preparation of material therefor (except the Digest of 

Public General Bills), to be issued by the Library of Congress unless 

such publication has obtained prior approval of either the Committee on House Administration of the House of Representatives or 

the Committee on Rules and Administration of the Senate. 

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

For salaries and expenses to carry out the Act of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,963,000, of which 

$14,697,000 shall remain available until expended: Provided, That, 

of the total amount appropriated, $1,000,000 shall remain available 

until expended to reimburse the National Federation of the Blind 

for costs incurred in the operation of its ‘‘NEWSLINE’’ program. 

ADMINISTRATIVE PROVISIONS

SEC. 1301. Of the amounts appropriated to the Library of Con- gress 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 

371

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 

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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 

373

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—

374

(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.

375

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, 

376

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 

377

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. 

378

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-fordollar 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 

379

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 

380

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, renovate or improve vessels, small boats and related equipment, to remain available until September 30, 2007; $4,000,000 

shall be available to acquire new aircraft and increase aviation capability, to remain available until September 30, 2005; 

$121,300,000 shall be available for other equipment, to remain 

available until September 30, 2005; $50,200,000 shall be available 

for shore facilities and aids to navigation facilities, to remain available until September 30, 2005; $63,000,000 shall be available for 

personnel compensation and benefits and related costs, to remain 

available until September 30, 2004; and $478,000,000 shall be 

available for the Integrated Deepwater Systems program, to remain 

available until September 30, 2006: Provided, That the Commandant of the Coast Guard is authorized to dispose of surplus real 

property, by sale or lease, and the proceeds shall be credited to this 

appropriation as offsetting collections and made available only for 

the National Distress and Response System Modernization program, 

to remain available for obligation until September 30, 2004: Provided further, That none of the funds provided under this heading 

may be obligated or expended for the Integrated Deepwater Systems 

(IDS) system integration contract in fiscal year 2003 until the Secretary or Deputy Secretary of Transportation and the Director, Office of Management and Budget jointly certify to the House and 

Senate Committees on Appropriations that funding for the IDS program for fiscal years 2004 through 2008, funding for the National 

Distress and Response System Modernization program to allow for 

full deployment of said system by 2006, and funding for other essential search and rescue procurements, are fully funded in the Coast 

Guard Capital Investment Plan and within the Office of Management and Budget’s budgetary projections for the Coast Guard for 

those years: Provided further, That the Director, Office of Management and Budget shall submit the budget request for the IDS integration contract delineating sub-headings which include the following: systems integrator, ship construction, aircraft, equipment, 

and communication, providing specific assets and costs under each 

subheading: Provided further, That upon initial submission to the 

Congress of the fiscal year 2004 President’s budget, the Secretary of 

Transportation shall transmit to the Congress a comprehensive capital investment plan for the United States Coast Guard which includes funding for each budget line item for fiscal years 2004 

through 2008, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget: Provided further, 

That the amount herein appropriated shall be reduced by $150,000 

381

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 expenses incurred for research, development, testing, and evaluation. 

382

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. 

383

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. 

384

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 

385

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; 

386

C–DOT ITS for I–70 Tunnels, Colorado, $3,700,000; 

Center for Injury Sciences UAB Crash Notification, Ala- bama, $3,000,000

Central Florida Regional Trans. Authority Orange/Semi- nole 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, Massachu- setts, $1,000,000; 

City of Inglewood, California intelligent transportation sys- tem 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, Michi- gan, $1,000,000; 

Fog Detection Improvements and Traffic Monitoring, Rural Mountain Region, North Carolina, $200,000; 

Gettysburg Borough Signal Coordination and Upgrade-Sig- nalization; 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; 

387

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; 

388

State of Wisconsin, deployment of commercial vehicle infor- mation system and networks, level one capability, $500,000; 

Statewide Transportation Operations Center, Kentucky, $1,365,000; 

Surface Transportation Institute, University of North Da- kota, $1,000,000; 

Surveillance Camera and Transportation Management Center, Des Moines, Iowa, $400,000; 

The Rapid, Grand Rapids, Michigan Public Transpor- tation, $1,000,000; 

Traffic Corridor Communications System, Lake County, Il- linois, $2,000,000; 

Tri-Cities Advanced Traffic Management System, Wash- ington, $500,000; Tucson ER-LINK ITS project, Arizona, $625,000; 

UALR Intelligent transportation system, Little Rock, Ar- kansas, $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), 

389

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. 

390

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, to remain available until expended, 

$72,000,000, to be derived from the Highway Trust Fund: Provided, 

That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2003, are in excess of $72,000,000 for programs authorized 

under 23 U.S.C. 403. 

NATIONAL DRIVER REGISTER

(HIGHWAY TRUST FUND)

For expenses necessary to discharge the functions of the Secretary with respect to the National Driver Register under chapter 

303 of title 49, United States Code, $2,000,000, to be derived from 

the Highway Trust Fund, and to remain available until expended. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 

405, and 410, to remain available until expended, $225,000,000, to 

be derived from the Highway Trust Fund: Provided, That none of 

the funds in this Act shall be available for the planning or execution 

of programs the total obligations for which, in fiscal year 2003, are 

in excess of $225,000,000 for programs authorized under 23 U.S.C. 

402, 405, and 410, of which $165,000,000 shall be for ‘‘Highway 

Safety Programs’’ under 23 U.S.C. 402, $20,000,000 shall be for 

‘‘Occupant Protection Incentive Grants’’ under 23 U.S.C. 405, and 

$40,000,000 shall be for ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ under 23 U.S.C. 410: Provided further, That none 

of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local, 

or private buildings or structures: Provided further, That not to exceed $8,150,000 of the funds made available for section 402, not to 

exceed $1,000,000 of the funds made available for section 405, and 

not to exceed $2,000,000 of the funds made available for section 410 

shall be available to NHTSA for administering highway safety 

grants under chapter 4 of title 23, United States Code: Provided further, That not to exceed $500,000 of the funds made available for 

section 410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ 

shall be available for technical assistance to the States. 

391

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 

392

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 

393

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; 

394

there shall be available for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of busrelated 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 Reconstruc- tion, $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; 

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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 Serv- ice, $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 auVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00397 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.198 HR010
396

thority 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. 

397

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 

398

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 PresVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00400 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.199 HR010
399

idential 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 Federalaid 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 

400

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 

401

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. 

402

(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 Federal Aviation Administration shall 

accept such equipment, which shall thereafter be operated and 

maintained by FAA in accordance with agency criteria. 

SEC. 314. Notwithstanding any other provision of law, and except for fixed guideway modernization projects, funds made available by this Act under ‘‘Federal Transit Administration, Capital investment grants’’ for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2005, 

and other recoveries, shall be made available for other projects 

under 49 U.S.C. 5309. 

SEC. 315. Notwithstanding any other provision of law, any 

funds appropriated before October 1, 2002, under any section of 

chapter 53 of title 49, United States Code, that remain available for 

expenditure may be transferred to and administered under the most 

recent appropriation heading for any such section. 

SEC. 316. None of the funds in this Act may be used to compensate in excess of 350 technical staff-years under the federally 

funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation 

Systems Development during fiscal year 2003. 

SEC. 317. Notwithstanding any other provision of law, whenever an allocation is made of the sums authorized to be appropriated for expenditure on the Federal lands highway program, and 

whenever an apportionment is made of the sums authorized to be 

appropriated for expenditure on the surface transportation program, 

the congestion mitigation and air quality improvement program, the 

National Highway System, the Interstate maintenance program, the 

bridge program, the Appalachian development highway system, and 

the minimum guarantee program, the Secretary of Transportation 

shall—

(1) deduct a sum in such amount not to exceed .45 percent 

of all sums so made available, as the Secretary determines necessary, to administer the provisions of law to be financed from 

appropriations for motor carrier safety programs and motor 

carrier safety research: Provided, That any deduction by the 

Secretary of Transportation in accordance with this subsection 

shall be deemed to be a deduction under section 104(a)(1)(B) of 

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

403

(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, 

404

‘‘(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 Administration buses and bus facilities. 

SEC. 324. (a) IN GENERAL.—Hereafter, none of the funds made 

available in this Act may be expended by an entity unless the entity 

agrees that in expending the funds the entity will comply with the 

Buy American Act (41 U.S.C. 10a–10c). 

(b) SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.—

(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may be authorized to be purchased with financial assistance provided 

using funds made available in this Act, it is the sense of the 

Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products to the greatest extent practicable. 

(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance using funds made available in this Act, the 

head of each Federal agency shall provide to each recipient of 

the assistance a notice describing the statement made in paragraph (1) by the Congress. 

405

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL- ING 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. 

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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 which the Department of Energy, together with 

the Department of Transportation and the Nuclear Regulatory Commission, selects routes for the shipment of spent nuclear fuel from 

research nuclear reactors between or among existing Department of 

Energy facilities currently licensed to accept such spent nuclear fuel. 

(b) In conducting the study under subsection (a), the National 

Academy of Sciences shall analyze the manner in which the Department of Energy—

(1) selects potential routes for the shipment of spent nuclear 

fuel from research nuclear reactors between or among existing 

Department facilities currently licensed to accept such spent nuclear fuel; 

(2) selects such a route for a specific shipment of such spent 

nuclear fuel; and 

(3) conducts assessments of the risks associated with shipments of such spent nuclear fuel along such a route. 

(c) The analysis under subsection (b) shall include a consideration whether, and to what extent, the procedures analyzed for purposes of that subsection take into account the following: 

(1) The proximity of the routes under consideration to 

major population centers and the risks associated with shipments of spent nuclear fuel from research nuclear reactors 

through densely populated areas. 

(2) Current traffic and accident data with respect to the 

routes under consideration. 

(3) The quality of the roads comprising the routes under 

consideration. 

407

(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 ‘‘belowmarket’’ 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 

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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 alcoholimpaired 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 agreeVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00410 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.204 HR010
409

ments 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’’; 

410

(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 

411

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 in section 350 of Public Law 107–87, including that the Secretary submit a report to the 

House and Senate Appropriations Committees annually on the safety and security of transportation into the United States by Mexicodomiciled 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. 

412

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.’’.

413

(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 GEN- ERAL.—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 to grant waivers of, or exemptions from, such restrictions 

except as provided in paragraph (a)(3) above. 

(d) BROADCAST CONTRACTS NOT AFFECTED.—Nothing in this 

section shall be construed to affect contractual rights pertaining to 

any broadcasting agreement. 

SEC. 353. None of the funds in this Act shall be used to procure 

Coast Guard ships, including main diesel engines, unless such procurement is in compliance with the Buy American Act, 41 U.S.C. 

10(a)–10(d). 

414

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 quarVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00416 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.208 HR010
415

ter 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 

416

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 IM- PROVEMENT 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. 

417

(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 

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‘‘(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 

419

‘‘(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.—

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(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 nonFederal 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’’.

421

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 Treasurywide 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 apVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00423 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.212 HR010
422

propriated 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. 

423

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 

424

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 spaceavailable 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 modernizaVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00426 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.213 HR010
425

tion 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 

426

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 

427

equipment of the Air and Marine Programs, including operational 

training and mission-related travel, and rental payments for facilities occupied by the air or marine interdiction and demand reduction programs, the operations of which include the following: the 

interdiction of narcotics and other goods; the provision of support 

to Customs and other Federal, State, and local agencies in the enforcement or administration of laws enforced by the Customs Service; and, at the discretion of the Commissioner of Customs, the provision of assistance to Federal, State, and local agencies in other 

law enforcement and emergency humanitarian efforts, $181,829,000, 

which shall remain available until expended: Provided, That no aircraft or other related equipment, with the exception of aircraft 

which is one of a kind and has been identified as excess to Customs 

requirements and aircraft which has been damaged beyond repair, 

shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security, during fiscal 

year 2003 without the prior approval of the Committees on Appropriations. 

AUTOMATION MODERNIZATION

For expenses not otherwise provided for Customs automated 

systems, $435,332,000, to remain available until expended, of which 

not less than $312,900,000 shall be for the development of the Automated Commercial Environment: Provided, That none of the funds 

appropriated under this heading may be obligated for the Automated Commercial Environment until the United States Customs 

Service prepares and submits to the Committees on Appropriations 

a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of 

Management and Budget, including OMB Circular A–11, part 3; (2) 

complies with the United States Customs Service’s Enterprise Information Systems Architecture; (3) complies with the acquisition 

rules, requirements, guidelines, and systems acquisition management practices of the Federal Government; (4) is reviewed 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. 

428

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 prefiling 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. 

429

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 

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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 general purchase price limitation for the current fiscal year, $1,029,150,000, of 

which $1,633,000 shall be available for forensic and related support 

of investigations of missing and exploited children, and of which 

$4,583,000 shall be available as a grant for activities related to the 

investigations of exploited children and shall remain available until 

expended: Provided, That up to $18,000,000 provided for protective 

travel shall remain available until September 30, 2004. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For necessary expenses of construction, repair, alteration, and 

improvement of facilities, $3,519,000, to remain available until expended. 

GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY

SEC. 110. Any obligation or expenditure by the Secretary of the 

Treasury in connection with law enforcement activities of a Federal 

agency or a Department of the Treasury law enforcement organization in accordance with 31 U.S.C. 9703(g)(4)(B) from unobligated 

balances remaining in the Fund on September 30, 2003, shall be 

made in compliance with reprogramming guidelines. 

431

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. 

432

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 nonFederal 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 PUB- LIC 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 

433

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. 

434

(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 

435

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. 

436

REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at the 

White House, such sums as may be necessary: Provided, That all reimbursable operating expenses of the Executive Residence shall be 

made in accordance with the provisions of this paragraph: Provided 

further, That, notwithstanding any other provision of law, such 

amount for reimbursable operating expenses shall be the exclusive 

authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further, That 

the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the 

estimated cost of the event, and all such advance payments shall be 

credited to this account and remain available until expended: Provided further, That the Executive Residence shall require the national committee of the political party of the President to maintain 

on deposit $25,000, to be separately accounted for and available for 

expenses relating to reimbursable political events sponsored by such 

committee during such fiscal year: Provided further, That the Executive Residence shall ensure that a written notice of any amount 

owed for a reimbursable operating expense under this paragraph is 

submitted to the person owing such amount within 60 days after 

such expense is incurred, and that such amount is collected within 

30 days after the submission of such notice: Provided further, That 

the Executive Residence shall charge interest and assess penalties 

and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under section 3717 of title 31, United States Code: Provided further, That each such amount that is reimbursed, and any 

accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts: Provided further, 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. 

437

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, includ- ing 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 

438

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 expenses

of any employee of the Office of Management and Budget who, after 

February 15, 2003, calculates, prepares, or approves any tabular or 

other material that proposes the sub-allocation of budget authority 

or outlays by the Committees on Appropriations among their subcommittees. 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control 

Policy; for research activities pursuant to the Office of National 

Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et 

seq.); not to exceed $10,000 for official reception and representation 

expenses; and for participation in joint projects or in the provision 

of services on matters of mutual interest with nonprofit, research, or 

public organizations or agencies, with or without reimbursement, 

$26,456,000; of which $2,350,000 shall remain available until expended, consisting of $1,350,000 for policy research and evaluation, 

and $1,000,000 for the National Alliance for Model State Drug 

439

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 

440

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 AntiDoping 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. 

441

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 nonFederal 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: 

442

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 Remedi- ation, $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 Adminis- tration 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 

443

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 

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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 

445

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. 

446

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. 

447

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 

448

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) 

449

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 declasVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00451 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.225 HR010
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sification 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 appliVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00452 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.226 HR010
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cable 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.

452

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 exVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00454 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.227 HR010
453

penditures 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 

454

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 longterm 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. 

455

‘‘(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, posVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00457 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.228 HR010
456

session, 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 

457

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.

458

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 

459

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 

460

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 

461

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 the Military Whistleblower Protection Act (governing 

disclosure to Congress by members of the military); section 

2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, 

fraud, abuse or public health or safety threats); the Intelligence 

Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing 

disclosures that could expose confidential Government agents); and 

the statutes which protect against disclosure that may compromise 

the national security, including sections 641, 793, 794, 798, and 952 

of title 18, United States Code, and section 4(b) of the Subversive 

462

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), 

463

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 the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act. 

SEC. 632. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving 

the distribution of Federal funds shall indicate the agency providing 

the funds and the amount provided. This provision shall apply to 

direct payments, formula funds, and grants received by a State receiving Federal funds. 

SEC. 633. Section 403(f) of Public Law 103–356 (31 U.S.C. 501 

note) is amended by striking ‘‘October 1, 2002’’ and inserting ‘‘October 1, 2003’’. 

SEC. 634. (a) PROHIBITION OF FEDERAL AGENCY MONITORING

OF PERSONAL INFORMATION ON USE OF INTERNET.—None of the 

funds made available in this or any other Act may be used by any 

Federal agency—

464

(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 antidoping 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 

465

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). 

466

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 emVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00468 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.234 HR010
467

ployees 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. 

468

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’’. 

469

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 

470

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. 

471

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, 

472

$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) temVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00474 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.237 HR010
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porary 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 

474

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 

475

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. 

476

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 projectbased 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 tenantbased 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 conVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00478 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.239 HR010
477

tributions 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, notwithVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00479 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.239 HR010
478

standing 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 paragraph pursuant to the previous proviso, 

the Secretary shall notify the Chairman and Ranking Member 

of the Subcommittees on Veterans Affairs and Housing and 

Urban Development, and Independent Agencies of the Committees on Appropriations of the House of Representatives and the 

Senate and shall not transfer any such funds until 30 days 

after such notification: Provided further, That, hereafter, the 

Secretary shall require public housing agencies to submit accounting data for funds disbursed under this heading in this 

Act and prior Acts by source and purpose of such funds: Provided further, That incremental vouchers previously made 

available under this heading for non-elderly disabled families 

shall, to the extent practicable, continue to be provided to nonelderly 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 

479

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 

480

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 year 2004 and subsequent fiscal years 

may be provided for fiscal year 2003 payments to public housing 

agencies for the operation and management of public housing: Provided further, That no funds may be used under this heading for 

the purposes specified in section 9(k) of the United States Housing 

Act of 1937, as amended. 

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE

VI)

For grants to public housing agencies for demolition, site revitalization, replacement housing, and tenant-based assistance grants 

to projects as authorized by section 24 of the United States Housing 

Act of 1937, as amended, $574,000,000, to remain available until 

September 30, 2004, of which the Secretary may use up to 

$6,250,000 for technical assistance and contract expertise, to be provided directly or indirectly by grants, contracts or cooperative agreements, including training and cost of necessary travel for particiVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00482 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.241 HR010
481

pants 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 

482

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 corporations to support innovative housing and economic development activities in rural 

areas: Provided, That all grants shall be awarded on a competitive 

basis as specified in section 102 of the Department of Housing and 

Urban Development Reform Act of 1989. 

483

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 

484

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 by striking ‘‘$750,000 to the 

Maryland State Department of Housing and Community Development for relocation of residents of Wagners Point community in Baltimore, Maryland’’ and insert in lieu thereof ‘‘$750,000 to the Maryland State Department of Housing and Community Development for 

relocation of residents of Wagners Point community in Baltimore, 

485

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 

486

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. 

487

HOUSING PROGRAMS

HOUSING FOR SPECIAL POPULATIONS

(INCLUDING TRANSFER OF FUNDS)

For assistance for the purchase, construction, acquisition, or development of additional public and subsidized housing units for low 

income families not otherwise provided for, $1,033,801,000, to remain available until September 30, 2006: Provided, That 

$783,286,000, plus recaptures or cancelled commitments, shall be 

for capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of 

the Housing Act of 1959, as amended, and for project rental assistance for the elderly under section 202(c)(2) of such Act, including 

amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for 

supportive services associated with the housing, of which amount 

$50,000,000 shall be for service coordinators and the continuation 

of existing congregate service grants for residents of assisted housing projects, and of which amount up to $25,000,000 shall be for 

grants under section 202b of the Housing Act of 1959 (12 U.S.C. 

1701q–2) for conversion of eligible projects under such section to assisted living or related use: Provided further, That of the amount 

under this heading, $250,515,000 shall be for capital advances, including amendments to capital advance contracts, for supportive 

housing for persons with disabilities, as authorized by section 811 

of the Cranston-Gonzalez National Affordable Housing Act, for 

project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of such Act, including amendments 

to contracts for such assistance and renewal of expiring contracts 

for such assistance for up to a 1-year term, and for supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, and for tenant-based rental assistance contracts entered into pursuant to section 811 of such 

Act: Provided further, That of the amount made available under 

this heading, $25,000,000 shall be available to the Secretary of 

Housing and Urban Development only for making grants to private 

nonprofit organizations and consumer cooperatives for covering 

costs of architectural and engineering work, site control, and other 

planning relating to the development of supportive housing for the 

elderly that is eligible for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts 

made available in the previous proviso shall be awarded on a competitive basis as provided in section 102 of the Department of Housing and Urban Development 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 availVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00489 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.244 HR010
488

able 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. 

489

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 

490

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 

491

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 

492

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 invesVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00494 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.246 HR010
493

tigations; (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 21⁄2 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. 

494

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For carrying out the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, including not to exceed $500 for 

official reception and representation expenses, $30,000,000, to remain available until expended, to be derived from the Federal Housing Enterprises Oversight Fund: Provided, That not to exceed such 

amount shall be available from the general fund of the Treasury to 

the extent necessary to incur obligations and make expenditures 

pending the receipt of collections to the Fund: Provided further, 

That the general fund amount shall be reduced as collections are received during the fiscal year so as to result in a final appropriation 

from the general fund estimated at not more than $0. 

ADMINISTRATIVE PROVISIONS

SEC. 201. Fifty percent of the amounts of budget authority, or 

in lieu thereof 50 percent of the cash amounts associated with such 

budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance 

Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded, 

or in the case of cash, shall be remitted to the Treasury, and such 

amounts of budget authority or cash recaptured and not rescinded 

or remitted to the Treasury shall be used by State housing finance 

agencies or local governments or local housing agencies with 

projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, 

the Secretary may award up to 15 percent of the budget authority 

or cash recaptured and not rescinded or remitted to the Treasury to 

provide project owners with incentives to refinance their project at 

a lower interest rate. 

SEC. 202. None of the amounts made available under this Act 

may be used during fiscal year 2003 to investigate or prosecute 

under the Fair Housing Act any otherwise lawful activity engaged 

in by one or more persons, including the filing or maintaining of a 

non-frivolous legal action, that is engaged in solely for the purpose 

of achieving or preventing action by a Government official or entity, 

or a court of competent jurisdiction. 

SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS 

Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any 

amounts made available under this title for fiscal year 2003 that 

are allocated under such section, the Secretary of Housing and 

Urban Development shall allocate and make a grant, in the amount 

determined under subsection (b), for any State that—

(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. 

495

(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 

496

State fails to make such reimbursement within 12 months, the Secretary shall recapture such funds through reductions from the 

amounts allocated to each State under section 106 of the Housing 

and Community Development Act of 1974. 

SEC. 208. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services 

on a contract or fee basis, and for utilizing and making payment 

for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home 

Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and 

any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811–1831). 

SEC. 209. Unless otherwise provided for in this Act or through 

a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for 

any program, project or activity in excess of amounts set forth in the 

budget estimates submitted to Congress. 

SEC. 210. Corporations and agencies of the Department of 

Housing and Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized 

to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and 

in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2003 for such corporation or agency except as hereinafter provided: Provided, That collections of these 

corporations and agencies may be used for new loan or mortgage 

purchase commitments only to the extent expressly provided for in 

this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that 

this proviso shall not apply to the mortgage insurance or guaranty 

operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United 

States Government. 

SEC. 211. None of the funds provided in this title for technical 

assistance, training, or management improvements may be obligated or expended unless HUD provides to the Committees on Appropriations a description of each proposed activity and a detailed 

budget estimate of the costs associated with each program, project 

or activity as part of the Budget Justifications. 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. 

497

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 firsttime 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 

498

applying such rescission among the programs, projects, or activities 

within the account notwithstanding section 601(b). 

TITLE III—INDEPENDENT AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of 

land or interest in land in foreign countries; purchases and repair 

of uniforms for caretakers of national cemeteries and monuments 

outside of the United States and its territories and possessions; rent 

of office and garage space in foreign countries; purchase (one for replacement only) and hire of passenger motor vehicles; and insurance 

of official motor vehicles in foreign countries, when required by law 

of such countries, $35,246,000, to remain available until expended. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to 

section 112(r)(6) of the Clean Air Act, as amended, including hire 

of passenger vehicles, uniforms or allowances therefore, as authorized by 5 U.S.C. § 5901–5902, and for services authorized by 5 

U.S.C. § 3109 but at rates for individuals not to exceed the per diem 

equivalent to the maximum rate payable for senior level positions 

under 5 U.S.C. § 5376, $7,850,000, of which $1,400,000 shall be derived from unobligated balances: Provided, That of the amounts appropriated, $500,000 is available until September 30, 2004: Provided further, That the Chemical Safety and Hazard Investigation 

Board shall have not more than three career Senior Executive Service positions. 

DEPARTMENT OF THE TREASURY

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM

ACCOUNT

To carry out the Community Development Banking and Financial Institutions Act of 1994, including services authorized by 5 

U.S.C. 3109, but at rates for individuals not to exceed the per diem 

rate equivalent to the rate for ES–3, $75,000,000, to remain available until September 30, 2004, of which $5,000,000 shall be for financial assistance, technical assistance, training and outreach programs designed to benefit Native American, Native Hawaiian, and 

Alaskan Native communities and provided primarily through qualified community development lender organizations with experience 

and expertise in community development banking and lending 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 

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istrative expenses to carry out the direct loan program: Provided, 

That the cost of direct loans, including the cost of modifying such 

loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are 

available to subsidize gross obligations for the principal amount of 

direct loans not to exceed $11,000,000. 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 

the per diem rate equivalent to the maximum rate payable under 5 

U.S.C. 5376, purchase of nominal awards to recognize non-Federal 

officials’ contributions to Commission activities, and not to exceed 

$500 for official reception and representation expenses, $57,000,000. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING

EXPENSES

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

For necessary expenses for the Corporation for National and 

Community Service (the ‘‘Corporation’’) in carrying out programs, 

activities, and initiatives under the National and Community Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12501 et seq.), $429,000,000, 

to remain available until September 30, 2004: Provided, That the 

Corporation shall enroll no more than 50,000 AmeriCorps members 

in the National Service Trust: Provided further, That not more than 

$32,500,000 shall be available for administrative expenses authorized under section 501(a)(4): Provided further, That not more than 

$2,500 shall be for official reception and representation expenses: 

Provided further, That not more than $275,000,000 of the amount 

provided under this heading shall be available for grants under the 

National Service Trust program authorized under subtitle C of title 

I of the Act (42 U.S.C. 12571 et seq.) (relating to activities including 

the AmeriCorps program), of which $100,000,000, to remain available without fiscal year limitation, shall be transferred to the National Service Trust for educational awards authorized under subtitle D of title I of the Act (42 U.S.C. 12601), and of which up to 

$5,000,000 shall be available to support national service scholarships for high school students performing community service: Provided further, That of the amount provided under this heading for 

grants under the National Service Trust program authorized under 

subtitle C of title I of the Act, not more than $50,000,000 may be 

used to administer, reimburse, or support any national service program authorized under section 121(d)(2) of such Act (42 U.S.C. 

12581(d)(2)): Provided further, That to the maximum extent feasible, 

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 

500

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. 

501

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: ProVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00503 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.251 HR010
502

vided further, That none of the funds appropriated under this heading shall be available for ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 2003, and existing profiles may be updated as necessary. 

ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

For science and technology, including research and development 

activities, which shall include research and development activities 

under the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980, as amended; necessary expenses for personnel and related costs and travel expenses, including uniforms, or 

allowances therefor, as authorized by 5 U.S.C. 5901–5902; services 

as authorized by 5 U.S.C. 3109, but at rates for individuals not to 

exceed the per diem rate equivalent to the maximum rate payable 

for senior level positions under 5 U.S.C. 5376; procurement of laboratory equipment and supplies; other operating expenses in support 

of research and development; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per 

project, $720,261,000, which shall remain available until September 

30, 2004: Provided, That 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. 

503

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 

504

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 grants to the State of Alaska to address drinking water and 

wastewater infrastructure needs of rural and Alaska Native Villages; $3,000,000 shall be for remediation of above ground leaking 

fuel tanks pursuant to Public Law 106–554; $314,887,000 shall be 

for making grants for the construction of drinking water, wastewater and storm water infrastructure and for water quality protection in accordance with the terms and conditions specified for such 

grants in the joint explanatory statement of the managers accompanying this Act; $8,225,000 for grants for construction of alternative decentralized wastewater facilities under the National Decentralized Wastewater Demonstration program, in accordance with the 

terms and conditions specified in the joint explanatory statement of 

the managers accompanying this Act; $90,500,000 shall be to carry 

out section 104(k) of the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (CERCLA), as amended, 

including grants, interagency agreements, and associated program 

support costs; and $1,150,382,000 shall be for grants, including associated program support costs, to States, federally recognized 

tribes, interstate agencies, tribal consortia, and air pollution control 

agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 

104–134, and for making grants under section 103 of the Clean Air 

Act for particulate matter monitoring and data collection activities 

subject to terms and conditions specified by the Administrator, of 

which $50,000,000 shall be for carrying out section 128 of CERCLA, 

as amended, and $19,999,900 shall be for Environmental Information Exchange Network grants, including associated program support costs: Provided, 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 reVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00506 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.252 HR010
505

volving 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 11⁄2 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’’. 

506

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. 

507

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 

508

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 

509

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 31⁄2 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 

510

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 

511

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 

512

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 

513

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 NonGovernmental Organization for International Space Station research: Provided, That no funds in this Act or any other appropriations Act may be expended for establishment of a Non-Governmental 

Organization that includes engineering and integration functions 

identified as Phase 2 in the Report of NASA’s International Space 

Station Utilization Management Concept Development Study submitted on January 10, 2003. 

There 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 

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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 DisVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00516 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.258 HR010
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trict 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 auVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00517 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.258 HR010
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thorized 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.). 

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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 FedVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00519 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.259 HR010
518

eral 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 

519

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;’’. 

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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 SECU- RITY.— ‘‘(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, universitybased 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. 

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‘‘(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—

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(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 

523

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 any such notice, the Inspector General shall transmit 

to the President of the Senate, the Speaker of the House of Representatives, and appropriate committees and subcommittees of Congress the following: 

‘‘(A) A copy of such notice. 

524

‘‘(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’; 

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‘‘(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. 

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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, DefenseWide’’ 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; 

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‘‘Procurement of Weapons and Tracked Combat Vehi- cles, 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, DefenseWide’’, $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 

528

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 PRO- GRAM.—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 

529

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 

530

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 AmerVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00532 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.266 HR010
531

ica 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. 

532

(B) If a policy or plan of insurance, including a catastrophic risk protection plan, for the crop was not available 

to the producers under the Federal Crop Insurance Act, 50 

percent of the applicable price for the crop. 

(C) Subject to subsections (e) and (f), if the producers 

did not obtain a policy or plan of insurance, including a 

catastrophic risk protection plan, available for the crop 

under the Federal Crop Insurance Act, 45 percent of the applicable price for the crop. 

(c) ELECTION OF CROP YEAR.—If a producer incurred qualifying 

crop losses in both the 2001 and 2002 crop years, the producer shall 

elect to receive assistance under this section for losses incurred in 

either the 2001 crop year or the 2002 crop year, but not both. 

(d) PAYMENT LIMITATION.— (1) LIMITATION.—Assistance provided under this section to 

a producer for losses to a crop, together with the amounts specified in paragraph (2) applicable to the same crop, may not exceed 95 percent of what the value of the crop would have been 

in the absence of the losses, as estimated by the Secretary. 

(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 reimVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00534 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.267 HR010
533

burse 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 

534

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 

535

(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 cigarfiller 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 

536

(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 Fluecured 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) 331⁄3 percent of the payments to eligible persons 

that are owners described in subsection (a)(1)(A); 

(B) 331⁄3 percent of the payments to eligible persons 

that are controllers described in subsection (a)(1)(B); and 

(C) 331⁄3 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. 

537

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 

538

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, 

539

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, FLUECURED, 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, Fluecured, 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, Fluecured, 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. 

540

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. 

541

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 

542

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 ap- propriated 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 fishingrelated 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 

543

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.

544

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 

545

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 LI- CENSEES.—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 ‘‘ECO- NOMIC 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’’; 

546

(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 StatesChina 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 efVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00548 Fmt 6659 Sfmt 6603 E:\HR\OC\HR010.276 HR010
547

fect 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 ‘‘hollowingout’’ 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. 

548

(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.

(549)

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 

550

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 

551

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 

552

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. 

553

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. 

554

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 Na- tional 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, 

555

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 MidSouth, 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, Little Rock, 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, 

556

$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/

557

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:

558


Insert offset folio 2023 here HR10.001
559

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:

560


Insert offset folio 2026 here HR10.002
561


Insert offset folio 2027 here HR10.003
562


Insert offset folio 2028 here HR10.004
563


Insert offset folio 2029 here HR10.005
564


Insert offset folio 2030 here HR10.006
565


Insert offset folio 2031 here HR10.007
566

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:

567


Insert offset folio 2033 here HR10.008
568


Insert offset folio 2034 here HR10.009
569

Within funds provided for the farm safety program, the con- ference 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 horti- culture 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:

570


Insert offset folio 2036 here HR10.010
571

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

572

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. 

573

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. 

574

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. 

575

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. 

576

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.

577

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. 

578

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 Conserva- tion 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 

579

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, JackVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00581 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.287 HR010
580

son (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.

581

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. 

582

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

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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 

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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.

585

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

586

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 oneVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00588 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.290 HR010
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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. 

588

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 

589

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) 

590

Public Law 480—Continued

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.

Program Budget authority Prescription drug user fees 

Medical device 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. 

591

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. 

592

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. The conferees 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 proVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00594 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.292 HR010
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ceeding, 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. 

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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. 

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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. 

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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. 

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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. 

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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, inVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00600 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.296 HR010
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creased 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 

600

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 

601

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. 

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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 

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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. 

604

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 

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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. 

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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, forVerDate Jan 31 2003 06:05 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00608 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.300 HR010
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eign 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. 

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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 HartScott-Rodino fee collections, regardless of the year of collection, resulting in no direct appropriations. 

The Conferees understand that due to changes in the HartScott-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. 

609

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.—Twentyfive 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. 

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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, 

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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. 

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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

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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 distribuVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00615 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.303 HR010
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tion 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, Security and Other Investigations ............................. 19,762 19,094 2,762,374

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 Services ........................................................... 669 625 408,040 

Criminal Justice Services ............................................................................... 1,902 1,913 208,698

Subtotal, Law Enforcement Support ......................................................... 4,667 4,518 1,218,378 

Program Direction and Administration: 2,018 1,967 253,835

Total, Direct Appropriations ...................................................................... 26,447 25,579 4,234,587

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 enVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00616 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.304 HR010
615

sure 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 pro- vided 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 have outlived 

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. 

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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 folVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00618 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.305 HR010
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lowing 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 in- crease 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 

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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 in- cludes 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 

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nology 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. 

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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 Investigations ................................................................ 633 601 207,511 

Drug and Chemical Conversions ................................................................... 165 165 19,946 

State and Local Task Forces ......................................................................... 1,699 1,696 257,082

Subtotal, Criminal, Security and Other Investigations ............................. 4,722 4,581 964,665

Investigative Support: 

Intelligence ..................................................................................................... 956 973 127,133 

Laboratory Services ........................................................................................ 455 451 60,912 

Training .......................................................................................................... 99 98 25,529 

Research, Engineering, and Technical Operations ........................................ 587 586 121,455 

Information Technology .................................................................................. 126 122 141,305

Subtotal, Law Enforcement Support ......................................................... 2,223 2,230 476,334 

Management and Administration .................................................................. 871 853 119,920

Total, Direct Appropriations ...................................................................... 7,816 7,664 1,560,919 

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. 

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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. 

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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 in- cludes $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 pro- vides: (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 enVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00624 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.308 HR010
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forcement 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 

624

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-ofentry, 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 

625

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 bearVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00627 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.309 HR010
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ing 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 communitybased 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 

627

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 

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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 

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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 as- sumes $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 and surety 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 checkVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00631 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.311 HR010
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points 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

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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 

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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 adminis- trative 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 

633

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; 

634

$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] 

Program FY 2002 

enacted 

FY 2003 

request 

FY 2003 

agreement 

National Center for Missing and Exploited Children 11,450 11,450 12,500 

Jimmy Ryce Law Enforcement Training Center 2,700 2,700 3,000 

Internet Crimes Against Children Task Force 6,500 12,500 12,500 

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 

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tion 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 nonFederal, 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 

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Amount 

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 intraand 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 

637

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 multiyear strategy for addressing the unique needs of high threat urban 

jurisdictions to be supported by this program. 

638

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 

639

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 for Community 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 deVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00641 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.316 HR010
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mand 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; 

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$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; 

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$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; 

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$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; 

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$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 countywide 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 countywide 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; 

645

$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; 

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$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; 

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$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 in- cludes $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 

648

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 order to 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 

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stand 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; 

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$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 

651

COMMUNITY ORIENTED POLICING SERVICES—Continued

[Dollars in thousands] 

Amount 

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 drugrelated 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 

652

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 the funding 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-todate 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, 

653

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 in- cludes $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; 

654

$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; 

655

$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 TechVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00657 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.325 HR010
656

nology 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; 

657

$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; 

658

$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; 

659

$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 incar 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; 

660

$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; 

661

$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; 

662

$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; 

663

$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; 

664

$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, incar 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; 

665

$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 

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ment 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; 

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$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 sysVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00669 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.333 HR010
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tem 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; 

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$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 

670

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 agree- ment 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. 

671

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-schoolcommunity 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; 

672

$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 proVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00674 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.336 HR010
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posals, 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; 

674

$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; 

675

$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 fulltime 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; 

676

$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; 

677

$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 longterm 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;

678

$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. 

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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. 

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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.

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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, quasijudicial 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 

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tion (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 reVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00684 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.342 HR010
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sources 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 con- ference 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 

684

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 ad- ministration activities, of which $1,875,000 is from prior year unobVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00686 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.343 HR010
685

ligated 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 (attache ́s) 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 

and the 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 

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686

tion 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. 

687

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. 

688

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. These programs are intended to provide a broad base 

of economic, demographic, and social information used for decisionmaking 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 

689

Decennial Census 2010 

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 

1The 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. 2The 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 

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trum. 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 

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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 

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plications, 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, 

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lists 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. 

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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 in- cludes $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 fitup 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 

695

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.

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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. 

701

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 House and 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 

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mate 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 pro- vided 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 

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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 

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vided 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 whalesighting 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, 

712

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 onboard 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 head- ing, $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. 

713

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 nonsalmon 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 

714

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 

719

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 agree- ment 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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721

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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723

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 

730

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 

731

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 

732

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 costsavings 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, 

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733

in 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. 

734

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 TechVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00736 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.359 HR010
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nology 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 

736

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 Fed- eral 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 recVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00738 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.359 HR010
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ommends 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. 

738

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 secuVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00740 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.360 HR010
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rity 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 in- cludes 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 the Department. 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 DiVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00741 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.361 HR010
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plomacy 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 

741

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-today 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 antitrafficking 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 

742

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 United States 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 

743

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 domes- tic 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 

744

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 esti- mate 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 di- rected 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. HowVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00746 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.364 HR010
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ever, 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. foreign policy 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. 

746

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. 

747

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 gain expertise 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 nonState 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, particuVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00749 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.366 HR010
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larly 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 dolphin

interactions 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 

749

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 ConVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00751 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.368 HR010
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vention 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 Department currently 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: 

751

$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 informaVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00753 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.369 HR010
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tion. 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

753

Amount (in 

thousands) 

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 

754

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 enVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00756 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.371 HR010
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courage 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 conVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00757 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.371 HR010
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ference 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 longterm 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 in- cludes $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 forced

entry/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 nonsecurity 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 

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ment 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 head- quarters 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 

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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 for any 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. 

759

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 States Government 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 

760

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 

761

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 the 50 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 

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port 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 balances of $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 

763

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. 

764

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 Boundarywide 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 

765

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 encourage women’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 felVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00767 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.378 HR010
766

lows 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 

767

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 

768

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. Wenceslas Square 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. 

769

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 

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$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 

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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. 

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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. 

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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 

774

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 ApproVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00776 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.383 HR010
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priations 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 

776

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 

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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. 

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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 

779

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 

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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. 

781

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. 

782

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. 

783

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 

784

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. 

785

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 audiovisual 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. 

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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. 

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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 

788

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 exVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00790 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.392 HR010
789

penditure, 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. 

790

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. 

791

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 

792

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 CloseUp Foundation Capital Connection Program to provide a multiyear 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 between Caribbean 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 atrisk 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 

793

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 multiplehandicapped 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. 

794

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. 

795

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 

796

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, 

797

$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 pub- lic 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 

798

$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. 

799

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 longterm 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. 

800

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 

801

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. 

802

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 ColumVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00804 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.398 HR010
803

bia 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 

804

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

805

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. 

806

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 Gen- eral 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, 

807

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 

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808

ment 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. 

809

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 GarrisonKathio-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, 

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810

cline 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. 

811

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 

812

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 PointNew 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 

813

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 systemwide 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. 

814

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 

815

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. 

816

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 

817

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 

818

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. 

819

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. 

820

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.

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871

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 Val- ley 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 

872

$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 South- ern 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 MexVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00874 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.407 HR010
873

ico, 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 pro- vides 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 

874

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. 

875

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 

887

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. 

888

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; 

889

$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 agree- ment 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 

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mission 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 depart- mental 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 to support 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 DepartVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00892 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.410 HR010
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ment 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 in- cludes 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 alphaemitting 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 pro- vides $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. 

892

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 in- cludes $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 estiVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00894 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.411 HR010
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mated 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 oncethrough 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. 

894

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. 

895

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 

896

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; 

897

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 

898

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 

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operation 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 

900

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 semiautonomous 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. 

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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. 

902

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 highenergy, high-intensity beams to be used with the existing Omega 

facility. 

903

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 uni- versity 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 agree- ment 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 agree- ment 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 

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904

tional 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. 

905

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 ac- tivities, $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 

906

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 

907

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 

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ization 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. 

909

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 highlevel 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. 

910

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 longterm 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 

911

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 re- duction 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 De- fense 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 agreeVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00913 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.417 HR010
912

ment 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 defenserelated 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 

913

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.

914

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 BelfieldHettinger 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. 

915

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. 

916

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. 

917

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 

918

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.

919


Insert offset folio 2710 here HR10.090
920


Insert offset folio 2711 here HR10.091
921


Insert offset folio 2712 here HR10.092
922


Insert offset folio 2713 here HR10.093
923


Insert offset folio 2714 here HR10.094
924


Insert offset folio 2715 here HR10.095
925


Insert offset folio 2716 here HR10.096
926


Insert offset folio 2717 here HR10.097
927


Insert offset folio 2718 here HR10.098
928


Insert offset folio 2719 here HR10.099
929


Insert offset folio 2720 here HR10.100
930


Insert offset folio 2721 here HR10.101
931

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 seVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00933 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.421 HR010
932

curity 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 exVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00934 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.421 HR010
933

penditures 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 

934

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 comVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00936 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.422 HR010
935

mittees 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. 

936

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. 

937

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. 

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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 agri- culture 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 

939

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 liveliVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00941 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.424 HR010
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hoods 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 

941

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. 

942

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. 

943

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 

944

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 

945

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. 

946

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 such attacks withVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00948 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.427 HR010
947

out 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 

948

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 socalled ‘‘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.

949

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 ad- ministrative 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 

950

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 overspray; 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 

951

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 interagency 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 orVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00953 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.429 HR010
952

ganizations 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 for the Commission. Also, it does not contain Senate language mandating a 

specified level of funding for the Commission. 

953

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. 

954

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 

955

$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. 

956

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.

957

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

958

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 

959

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 

960

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 multiservice 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 

961

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. 

962

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. 

963

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. 

964

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 inciVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00966 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.436 HR010
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dent 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. 

966

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 Department stated 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 

967

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) reVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00969 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.438 HR010
968

quiring 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 

969

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). 

970

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 SecVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00972 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.439 HR010
971

retary 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 conVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00973 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.439 HR010
972

sulted 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

973

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 manage- ment 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 

974

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 mainte- nance 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 

975

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 construc- tion 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 acqui- sition 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 FedVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00977 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.441 HR010
976

eral 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 

977

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. 

978

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 NaVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00980 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.443 HR010
979

tional 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 will consider 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 Education Center [cc] ................ $1,800,000 

Bitter Lake NWR, NM ................................................. Visitor center/standard design—Phase I [d/ic] ...... 1,100,000 

Black-Footed Ferret Wildlife Research Ctr, CO .......... Endangered species facility—Phase IV [cc] ........... 3,240,000 

Bosque del Apache NWR, NM .................................... Equipment for salt cedar control ............................. 400,000 

Bozeman Fish Technology Center, MT ....................... Seismic safety/3 building rehab—Phase I [p/d] .... 150,000 

Bozeman Fish Technology Center, MT ....................... Laboratory/administration building—Phase IV [c] .. 500,000 

Bridge Safety Inspections (Servicewide) .................... ................................................................................... 560,000 

Canaan Valley NWR, WV ............................................ Road Maintenance .................................................... 650,000 

Cape Romain NWR, SC .............................................. Restoration of Dominick House ................................ 150,000 

Clark R. Bavin Forensics Laboratory, OR .................. Forensics laboratory expansion—Phase III [c] ........ 6,235,000 

Craig Brook NFH, ME ................................................. Wastewater treatment compliance—Phase I [p] .... 200,000 

Dam Safety Program (Servicewide) ........................... ................................................................................... 705,000 

Garrison Dam NFH, ND .............................................. Heat pump water system maintenance [c] ............. 200,000 

980

Project Description Amount 

Harris Neck NWR, GA ................................................. Office renovation ...................................................... 350,000 

Iron River NFH, WI ...................................................... Replace domes at Schacte Creek [cc] ..................... 2,000,000 

Jackson NFH, WY ........................................................ Seismic safety rehabilitation—Phase II [d] ............ 80,000 

Jordan River NFH, MI ................................................. M/V Togue/Great Lakes stocking vessel—Phase II 

[d].

800,000 

Kealia Pond NWR, HI .................................................. Mitigation and restoration [c] .................................. 800,000 

Klamath Basin NWR Complex, CA ............................. Water supply and management—Phase IV ............ 1,000,000 

Kodiak NWR, AK .......................................................... Visitor center construction ....................................... 3,000,000 

Mammoth Springs NFH, AR ....................................... Renovation of education center [d] ......................... 250,000 

Missisquoi NWR, VT ................................................... Visitor center completion [c] .................................... 1,500,000 

Northwest Power Planning Area ................................. Fish screens, etc. ..................................................... 2,000,000 

Ohio River Islands NWR, WV ...................................... Visitor center/standard design—Phase I [d/ic] ...... 1,100,000 

Orangeburg NFH, SC .................................................. Orangeburg substation dam Phase II [cc] .............. 4,144,000 

Ottawa NWR, OH ........................................................ Visitor center/standard design [d/cc] ...................... 1,950,000 

Quilcene NFH, WA ....................................................... Seismic safety rehab of hatchery building—Phase 

I [d].

45,000 

Savannah NWR, GA .................................................... Visitor center/standard design [d/cc] ...................... 1,950,000 

Security upgrades (Servicewide) ................................ ................................................................................... 1,000,000 

Sevilleta NWR, NM ..................................................... Laboratory design ..................................................... 600,000 

Sonny Bono Salton Sea NWR, CA .............................. Seismic safety rehab of shop building—Phase II 

[cc].

200,000 

Tetlin NWR, AK ........................................................... Multi-Agency Center ................................................. 425,000 

Visitor Facilities/Kiosks on NWRs .............................. Several locations/standard design ........................... 1,000,000 

Waccamaw NWR, SC .................................................. Visitor center construction ....................................... 2,000,000 

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 Construction ...................... ................................................................................... 43,709,000 

Nationwide Engineering Services: 

Cost Allocation Methodology ............................. ................................................................................... 3,000,000 

Environmental Compliance Management ......... ................................................................................... 1,400,000 

Seismic Safety Program .................................... ................................................................................... 200,000 

Waste Prevention and Recycling ....................... ................................................................................... 150,000 

Other Engineering Services ............................... ................................................................................... 5,968,000

Subtotal, Nationwide Engineering Services ...... ................................................................................... 10,718,000

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 

981

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 

982

Area (State) Amount 

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 steward- ship 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 

983

$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 

984

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. 

985

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. 

986

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 

987

Project Amount 

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 Com- mission 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 

988

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

989

Project/State Amount 

Woodlawn Estate, Mt Vernon, VA ....................................................... 235,000

Total ................................................................................................. $15,000,000

CONSTRUCTION 

The conference agreement provides $327,843,000 for construc- tion 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 

990

Planning/

Project Construction 

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. 

991

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 

992

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. 

993

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 visa`-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. 

994

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 reVerDate Jan 31 2003 06:05 Feb 19, 2003 Jkt 084817 PO 00000 Frm 00996 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.451 HR010
995

quires 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. 

996

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 

997

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.

998

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. 

999

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 construc- tion 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 IndiVerDate Jan 31 2003 06:05 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01001 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.453 HR010
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ans 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 Federallocal 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 Com- pact 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. 

1001

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. 

1002

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. 

1003

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. 

1004

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 

1005

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 pro- posed 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 

1006

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. 

1007

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 proVerDate Jan 31 2003 06:05 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01009 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.457 HR010
1008

gram (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. 

1009

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 Project ....................................................................................... 1,100,000 

DE ........................... Green Horizons, phase 2 .......................................................................................... 1,000,000 

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 Project ...................................................................................... 700,000 

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 

1010

State Project Conference 

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 1&2 ......................................................................................... 410,000 

MT ........................... Schiemann ................................................................................................................ 600,000 

MT ........................... Thompson Fisher, phase 4 ....................................................................................... 4,000,000 

NC ........................... RPM project .............................................................................................................. 1,500,000 

NH ........................... Connecticut Lakes Headwaters ................................................................................ 8,000,000 

NJ ............................ Lake Gerard, New Jersey Highlands ......................................................................... 3,000,000 

NM .......................... Legunas Bonitas ...................................................................................................... 1,500,000 

NY ........................... East Branch Fish Creek, phase 2 ............................................................................ 1,500,000 

OR ........................... South Eugene Hills ................................................................................................... 1,062,000 

PR ........................... Rio Abajo North area, phase 2 ................................................................................ 500,000 

RI ............................ Weetamoe Woods, phase 2 ...................................................................................... 250,000 

RI ............................ DuVal Trail Corridor ................................................................................................. 200,000 

SC ........................... Coastal Forest Ecosystem Restoration Initiative, phase 3 ...................................... 5,000,000 

TN ........................... Anderson—Tully ....................................................................................................... 3,500,000 

TN ........................... McGlothin tract ......................................................................................................... 800,000 

UT ........................... Castle Rock, phase 2 ............................................................................................... 2,000,000 

UT ........................... Chalk Creek (Blonquist) ........................................................................................... 1,600,000 

VA ........................... Sandy Point .............................................................................................................. 575,000 

VA ........................... Romine project ......................................................................................................... 600,000 

VT ............................ Bull & Sable ............................................................................................................. 2,600,000 

WA ........................... Skykomish River Landscape, phase 2 ..................................................................... 920,000 

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 

1011

Program/Project Conference 

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 na- tional 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. 

1012

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 manageVerDate Jan 31 2003 06:05 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01014 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.459 HR010
1013

ment. 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 followup work to their study of 2002. The Departments should equally 

share the cost of the review and the review should be conducted 

forthwith. 

1014

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 fundVerDate Jan 31 2003 06:05 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01016 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.460 HR010
1015

ing includes $2,500,000 for rehabilitation activities on the ApacheSitgreaves 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 for State 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 

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Facilities Activity/Project Conference 

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 hardwood science 

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 

1017

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 ac- quisition 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

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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 

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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 

1020

$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 di- rection 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 Acad- emy 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 

1021

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 

1022

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. 

1023

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. 

1024

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 

1025

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 subVerDate Jan 31 2003 06:05 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01027 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.466 HR010
1026

stance 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 

1027

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 

1028

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. 

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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.

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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. 

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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. 

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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 

1033

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.

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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 

1055

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 ‘‘NaVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01057 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.470 HR010
1056

tional 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, faithbased 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 

these projects 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 

1057

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 

1058

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 

1059

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 CommunityBased 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 

1060

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 of this 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 

1061

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 trans- ferred 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 Occu- pational 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 setaside 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. 

1062

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 noncontingency 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. 

1063

The conference agreement does not include the $3,000,000 setaside 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 obVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01065 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.472 HR010
1064

ligated 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 

1065

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 

1066

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 

1067

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 

1068

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 

1069

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 

1070

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 

1071

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 medicalrelated 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 

1072

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 

1073

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 with language 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 diviVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01075 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.478 HR010
1074

sion 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 na- tional 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 con- ference 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 

1075

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 mater- nal 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 

1076

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 

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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 

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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 

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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. 

1080

The conference agreement includes $22,500,000 for poison con- trol 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. 

1081

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 researchbased 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 

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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 important period. 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 

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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. 

1084

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 conferees continue 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 assignVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01086 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.483 HR010
1085

ment. 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. 

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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 practicebased 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. 

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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 VacVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01089 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.485 HR010
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cines 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. 

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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 Safety Board. 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 healthtracking 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 

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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 

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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 

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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 

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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 faVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01095 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.487 HR010
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cilitating 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 

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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 

offer considerable 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 chilVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01097 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.488 HR010
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dren 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. 

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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. 

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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. 

1099

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 Direc- tor’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 organizaVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01101 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.490 HR010
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tions, 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. 

1101

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 setaside. 

The conference agreement contains bill language providing 

$955,000 for protection, maintenance and remediation of Federallyowned 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, 

1102

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 multiyear 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 lowincome 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 

1103

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 cooccurring 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 

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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.

1105

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. 

1106

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. 

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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 

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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 conVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01110 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.494 HR010
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ferees 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. §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. 

§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 passthrough 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 

1110

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 atrisk 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 

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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 

of information 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 

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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. 

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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 

1114

$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 

1115

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 homebased 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 

1116

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 the Secretary. 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 StatesMexico 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 

1117

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 Morehouse School 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 

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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 

1119

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 

1120

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. 

1121

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 

1122

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 

1123

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-theboard 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. 

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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 mi- grant 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. 

1125

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, 

$1,150,000,000 is 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. 

1126

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. 

1127

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. 

1128

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. 

1129

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 the Department 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 

1130

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, afterschool 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 

1131

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 

1132

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 

1133

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 webbased 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 

1134

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 multimedia 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 

1135

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 

1136

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 

1137

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 

1138

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 

1139

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

1140

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 afterschool 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 

1141

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 elearning 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 

1142

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 

1143

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 atrisk 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 

1144

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 

1145

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 atrisk 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 atrisk 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-toone (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. 

1146

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 

1147

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, 

1148

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 as- sistance 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 pro- posed 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 

1149

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 investigatorinitiated 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. 

1150

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 techprep 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. 

1151

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. 

1152

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 as proposed 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-ofhearing ................................................................................................ 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 

1153

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 

1154

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 

1155

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 servicelearning 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 

1156

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 

1157

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 

1158

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 

1159

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 campuswide 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 

1160

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-ofhearing ................................................................................................ 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 lowperforming 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 

1161

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 

1162

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 

1163

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 

1164

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 

studies programs 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 FulbrightHays 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. 

1165

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. 

1166

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 Insti- tute 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 popuVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01168 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.523 HR010
1167

lation. 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. 

1168

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 afterschool 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.

1169

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. 

1170

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 for FMCS 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 Insti- tute 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. 

1171

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 

1172

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 

1173

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 teachertraining 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 sciencerelated 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 

1174

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-theboard cut on salaries and expenses. 

1175

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 

1176

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-theboard 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. 

1177

CONFERENCE AGREEMENT

The following table displays the amounts agreed to for each 

program, project or activity with appropriate comparisons:

1178


Insert offset folio 3208 here HR10.122
1179


Insert offset folio 3209 here HR10.123
1180


Insert offset folio 3210 here HR10.124
1181


Insert offset folio 3211 here HR10.125
1182


Insert offset folio 3212 here HR10.126
1183


Insert offset folio 3213 here HR10.127
1184


Insert offset folio 3214 here HR10.128
1185


Insert offset folio 3215 here HR10.129
1186


Insert offset folio 3216 here HR10.130
1187


Insert offset folio 3217 here HR10.131
1188


Insert offset folio 3218 here HR10.132
1189


Insert offset folio 3219 here HR10.133
1190


Insert offset folio 3220 here HR10.134
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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 seniorlevel 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: 

1221

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. 

1222

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 postSeptember 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 

1223

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 

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1224

ing 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 disputeresolution 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. 

1225

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. 

1226

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

1227

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 the Architect 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 

1228

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 

1229

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 supVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01231 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.534 HR010
1230

port 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.

1231

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, conVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01233 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.536 HR010
1232

sistent 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 rescis- sion 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 

1233

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. 

1234

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. 

1235

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 lumpsum 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 

1236

Conference 

agreement 

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. These two 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 

1237

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 

1238

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 in- dustry 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 

1239

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 agre

Budget estimate .......................................................................................................................................................... $4,153,456,000 $4,153,456,000 $4,1Adjustments to the budget estimate: Homeland security liaison billets ................................................................................................................................ ¥4,094,000 .................................................. ¥

Polar icebreaking reimbursement ................................................................................................................................ ¥3,149,000 .................................................. ¥

FECA/UCX ..................................................................................................................................................................... ¥933,000 .................................................. 

Response boat-small ................................................................................................................................................... +10,000,000 .................................................. Small boat station/command center readiness .......................................................................................................... +10,000,000 .................................................. 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 .................................................. ¥

Maritime safety/security teams: 

WLB/WLM staffing .............................................................................................................................................. ¥3,731,000 .................................................. ¥New marine safety/security teams ..................................................................................................................... ¥6,340,000 .................................................. ................................

Security readiness and planning:.

Attorneys/contract administrators ...................................................................................................................... ¥2,162,000 .................................................. ¥

Incident command system: 

Public affairs specialists ................................................................................................................................... ¥1,400,000 .................................................. ¥

Marine Fire and Safety Association ............................................................................................................................ .................................................. +312,000 AMSEA .......................................................................................................................................................................... .................................................. +350,000 Maritime EO/IR sensors ............................................................................................................................................... .................................................. +5,000,000 Oil spill prevention, 13th District ............................................................................................................................... .................................................. +1,600,000 Datum marker buoys ................................................................................................................................................... .................................................. +1,000,000 Unspecified reduction .................................................................................................................................................. .................................................. ¥4,662,000 ................................Denial of new user fee proposal ................................................................................................................................. +165,000,000 +165,000,000 +1

Total recommended ........................................................................................................................................ 4,305,456,000 4,318,456,000 4,3

1241

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:

1242

Program Name Budget estimate House bill Senate bill Conference agreement 

Vessels ................................................... 13,600,000 11,715,000 25,600,000 25,600,000

Survey and design—cutters and 

boats ......................................... 400,000 400,000 400,000 400,000

Seagoing buoy tender (WLB) replacement ................................. 4,000,000 4,000,000 4,000,000 4,000,000

Polar class icebreaker reliability 

improvement program .............. 2,200,000 2,200,000 2,200,000 2,200,000

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 

apparatus (SCBA) ..................... 0 1,115,000 0 0

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 system (PAWSS) ............................. 5,000,000 8,600,000 5,000,000 4,000,000

National distress system modernization .................................. 90,000,000 90,000,000 90,000,000 90,000,000

Defense message system implementation ................................. 2,100,000 0 2,100,000 1,100,000

Global Maritime Distress and 

Safety System (GMDSS) ............ 2,200,000 2,200,000 2,200,000 2,200,000

Thirteenth district microwave 

modernization project ............... 3,000,000 3,000,000 3,000,000 3,000,000

Hawaii Rainbow communications 

system modernization ............... 3,000,000 3,000,000 3,000,000 3,000,000

High frequency recapitalization 

and modernization .................... 2,000,000 2,000,000 2,000,000 2,000,000

Prince William Sound WAN replacement, AK .......................... 1,000,000 1,000,000 1,000,000 1,000,000

Security surveillance and protection ........................................... 0 0 15,000,000 10,000,000

Maritime domain awareness information management ................ 9,400,000 4,400,000 9,400,000 5,000,000

Shore Facilities and Aids to Navigation 28,700,000 31,385,000 48,700,000 50,200,000

Survey and design—shore 

projects ..................................... 2,500,000 5,500,000 2,500,000 4,000,000

Minor AC&I shore construction 

projects ..................................... 4,900,000 4,900,000 4,900,000 4,900,000

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 support—Kodiak, AK ...................... 4,000,000 4,000,000 4,000,000 4,000,000

Rebuild ISC Seattle Pier 36—

Phase 1 .................................... 0 0 16,000,000 16,000,000

Vessel pier facility—Cordova, AK 0 0 4,000,000 4,000,000

Construct new station—Manistee, 

MI .............................................. 5,400,000 5,085,000 5,400,000 5,400,000

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 integration ........................................... 0 47,800,000 0 43,700,000

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

1243

Program Name Budget estimate House bill Senate bill Conference agreement 

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 in- cludes $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 sustainment .................................................................. (17,000,000) ..............................

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 sustainment .................................................................. (3,800,000) ..............................

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 sustainment .................................................................. (13,300,000) ..............................

Logistics ....................................................................................................................... .............................. 17,900,000 

Integrated logistics support ............................................................................... (16,900,000) ..............................

Shore sites .......................................................................................................... (1,000,000) ..............................

Systems Engineering and Integration ......................................................................... .............................. 43,700,000 

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 

1244

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. 

1245

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

House bill Senate bill Conference 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

1246

CONFERENCE AGREEMENT, FAA OPERATIONS, FY 2003—Continued

House bill Senate bill Conference agreement 

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

1247

CONFERENCE AGREEMENT, FAA OPERATIONS, FY 2003—Continued

House bill Senate bill Conference agreement 

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 CapVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01249 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.544 HR010
1248

ital 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 Improvements ................................................. 23,440.00 23,440.00 23,440.00 23,440.00

Low Level Windshear Alert System 

(LLWAS)—Upgrade ............................ 1,600.00 1,600.00 1,600.00 1,600.00 

Aviation Safety Analysis System (ASAS) 21,700.00 15,000.00 21,700.00 15,000.00

Integrated Flight Quality Assurance 

(IFQA) ................................................. 500.00 500.00 500.00 500.00

Safety Performance Analysis Subsystem 

(SPAS) ................................................ 2,100.00 2,100.00 2,100.00 2,100.00

Performance Enhancement Systems 

(PENS) ................................................ 2,600.00 2,600.00 2,600.00 2,600.00

Safe Flight 21 ........................................ 29,800.00 40,000.00 32,800.00 40,000.00

Advanced Technology Development and 

Prototyping ......................................... 41,100.00 43,100.00 41,600.00 57,200.00

Aircraft Related Equipment Program .... 16,000.00 16,000.00 16,000.00 16,000.00

National Aviation Safety Data Analysis 

Center (NASDAC) ............................... 2,000.00 2,000.00 2,000.00 2,000.00

Louisville, KY technology demonstration 0.00 10,000.00 0.00 10,000.00

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 Air 

Traffic Control System ....................... 914,185.50 879,885.30 895,951.50 816,780.30 

Terminal Business Unit ......................... 551,035.50 516,280.30 534,601.50 490,030.30

Aeronautical Data Link (ADL) Applications ................................................... 33,200.00 33,200.00 29,700.00 29,700.00 

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 

(ASOS) ................................................ 12,100.00 12,755.00 12,100.00 12,100.00

Next Generation Very High Frequency 

Air/Ground Communications System 

(NEXCOM) .......................................... 71,100.00 71,100.00 71,100.00 66,100.00

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 

(NASMAP) ........................................... 1,900.00 0.00 1,900.00 1,000.00

New York Integrated Control Complex ... 0.00 5,000.00 0.00 5,000.00

Category 3: Increase Capacity of the 

NAS .................................................... 353,500.00 394,875.00 400,384.00 432,975.00

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 

(VSCS) ................................................ 14,000.00 14,000.00 14,000.00 14,000.00

Transponder Landing System ................ .............................. .............................. 12,000.00 0.00

Category 4: Improve Reliability of the 

NAS .................................................... 443,410.00 434,010.00 461,710.00 434,310.00

Guam Center Radar Approach Control 

(CERAP)—Relocate ........................... 5,000.00 5,000.00 5,000.00 5,000.00 

Terminal Voice Switch Replacement/Enhanced TVS ........................................ 6,200.00 6,200.00 17,200.00 14,200.00

Airport Cable Loop Systems—Sustained 

Support .............................................. 4,000.00 4,000.00 5,500.00 5,500.00

1249

Facilities and Equipment, Fiscal Year 2003—Continued

Note: all figures in thousands ($000) Budget estimate House bill Senate bill Conference 

En Route Automation Program .............. 142,800.00 142,800.00 147,500.00 150,000.00 

ARTCC Building Improvements/Plant 

Improvements .................................... 40,200.00 40,200.00 40,200.00 35,000.00

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 Infrastructure 46,600.00 46,600.00 46,600.00 42,000.00

Air/Ground Communications Infrastructure .................................................... 22,800.00 22,800.00 22,800.00 22,800.00 

Voice Recorder Replacement Program 

(VRRP) ............................................... 3,300.00 7,000.00 3,300.00 5,000.00

NAS Infrastructure Management System 

(NIMS) ................................................ 29,100.00 16,000.00 29,100.00 16,000.00

Flight Service Station (FSS) Modernization .................................................... 5,700.00 5,700.00 5,700.00 5,700.00 

FSAS Operational and Supportability 

Implementation System (OASIS) ........ 19,710.00 19,710.00 19,710.00 19,710.00 

Weather Message Switching Center Replacement (WMSCR) .......................... 2,000.00 2,000.00 2,000.00 2,000.00

Flight Service Station Switch Modernization ........................................... 13,200.00 13,200.00 13,200.00 13,200.00

Alaskan NAS Interfacility Communications System (ANICS) ........................ 2,900.00 2,900.00 4,000.00 4,000.00 

Electrical Power Systems—Sustain/

Support .............................................. 50,700.00 50,700.00 50,700.00 45,000.00 

NAS Recovery Communications (RCOM) 9,400.00 9,400.00 9,400.00 9,400.00 

Aeronautical Center Infrastructure Modernization ........................................... 11,700.00 11,700.00 11,700.00 11,700.00 

Frequency and Spectrum Engineering ... 2,600.00 2,600.00 2,600.00 2,600.00 

Category 5: Improve the Efficiency of 

Mission Support ................................. 444,019.50 436,919.55 436,769.51 413,678.51

NAS Improvement of System Support 

Laboratory .......................................... 2,700.00 2,700.00 2,700.00 2,700.00 

Technical Center Facilities .................... 12,000.00 12,000.00 12,000.00 12,000.00 

Technical Center Building and Plant 

Support .............................................. 3,000.00 3,000.00 3,000.00 3,000.00 

En Route Communications and Control 

Facilities Improvements .................... 1,057.95 1,058.00 1,307.95 1,307.95

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 Improvement ... 1,223.24 1,223.24 1,223.24 1,223.24 

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 Facilities 

(Local Projects) .................................. 2,100.00 2,100.00 2,100.00 2,100.00 

Computer Aided Engineering and 

Graphics (CAEG) Modernization ........ 2,800.00 2,800.00 2,800.00 2,800.00 

Information Technology Integration ....... 1,600.00 1,600.00 1,600.00 1,600.00 

Operational Data Management System 

(ODMS) ............................................... 10,300.00 3,000.00 10,300.00 3,000.00

Logistics Support Systems and Facilities (LSSF) ......................................... 9,300.00 5,000.00 5,000.00 5,000.00

Test Equipment—Maintenance Support 

for Replacement ................................ 1,700.00 1,700.00 1,700.00 1,700.00 

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) Training Facilities ...................................... 2,300.00 2,300.00 2,300.00 2,300.00 

System Engineering and Development 

Support .............................................. 25,800.00 25,800.00 25,800.00 23,800.00 

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—

Leases ................................................ 14,600.00 14,600.00 14,600.00 14,600.00 

1250

Facilities and Equipment, Fiscal Year 2003—Continued

Note: all figures in thousands ($000) Budget estimate House bill Senate bill Conference 

In-Plant NAS Contract Support Services 2,900.00 2,900.00 2,900.00 2,900.00 

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 

(TSSC) ................................................ 46,700.00 46,700.00 44,700.00 41,700.00

Resource Tracking Program (RTP) ......... 3,700.00 3,700.00 2,500.00 2,500.00

Center for Advanced Aviation System 

Development ...................................... 81,364.00 81,364.00 81,364.00 81,364.00

Operational Evolution Plan .................... 1,000.00 1,000.00 1,000.00 1,000.00 

NAS Facilites OSHA and Environmental 

Standards Compliance ...................... 32,600.00 28,400.00 32,600.00 28,400.00

Fuel Storage Tank Replacement and 

Monitoring .......................................... 8,500.00 8,500.00 8,500.00 8,500.00 

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 

Expenses ............................................ 0.00 -70,000.00 .............................. 10,000.00

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 line 1A01: Budget estimate House bill Senate bill Conference 

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

1251

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 

1252

Conference 

Location agreement 

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:

House bill Senate bill Conference

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 

1253

in determining the appropriate equipment to be installed. The following table compares the conference agreement to the House and 

Senate bills by budget activity:

House bill Senate bill Conference agree- ment 

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:

Location Item Conference agree- ment 

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 runway 22L ................. 100,000 

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, AK ........................................ ................................................................. 10,000,000

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 

1254

$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:

Location Item Conference

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 install ILS ........................................ 2,000,000 

Plymouth Municipal, MA .......................................... Install ILS on runway 06 ........................................ 600,000 

Lambert St. Louis Intl, MO ...................................... Navigation aids ...................................................... 3,000,000 

Cincinnati/N. Kentucky ............................................. Navigation aids for new runway ............................ 3,000,000 

Pangborn Memorial, WA ........................................... Install ILS ............................................................... 2,000,000 

Winder Barrow Airport, GA ....................................... Purchase and install ILS ........................................ 3,000,000 

LaGuardia International, NY .................................... Purchase/install glideslope .................................... 800,000 

Talladega Municipal, AL .......................................... Purchase/install ILS ................................................ 1,500,000 

Mena Intermountain Regional, AR ........................... Install,Localizer/Gldslp; NDB; OM ........................... 750,000 

Napa County Airport, CA .......................................... Install glideslope .................................................... 800,000 

Hawyard (Sawyer Cty), WI ........................................ Purchase/install ILS ................................................ 2,000,000 

Robert Gray AAF, TX ................................................. Purchase/install ILS ................................................ 1,400,000 

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 II, runway 20 .......................... 3,000,000 

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. 

1255

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:

Program Budget Estimate House Bill Senate Bill Conference

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 

Safety ........................................ 1,374,000 1,374,000 1,374,000 1,374,000 

Flight safety/atmospheric hazards 3,101,000 6,000,000 4,101,000 5,000,000 

Aging aircraft ................................ 20,974,000 19,131,000 20,974,000 20,974,000 

Aircraft catastrophic failure Prevention ...................................... 1,920,000 1,920,000 1,920,000 1,920,000 

Flightdeck safety/systems Integration ........................................... 8,411,000 8,411,000 8,411,000 8,411,000 

Reduce general aviation fatalities: 

Propulsion and fuel systems ........ 1,713,000 1,713,000 1,713,000 1,713,000 

Advanced materials/structural 

Safety ........................................ 1,679,000 1,679,000 1,679,000 1,679,000 

Flight safety/atmospheric hazards 1,329,000 1,329,000 1,329,000 1,329,000 

Aging aircraft ................................ 5,243,000 10,243,000 5,243,000 9,243,000 

Flightdeck safety/systems Integration ........................................... 2,000,000 2,000,000 2,000,000 2,000,000 

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 

Management ............................. 1,459,000 1,000,000 1,459,000 1,000,000 

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 

1256

Propulsion and fuel systems.—Of the funds provided for pro- pulsion 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 weath- er 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 environ- ment 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 networkable 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, adVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01258 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.551 HR010
1257

vanced 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 Confe

Akutan Airport .............................................................................................................................. Runway Improvements and access road .................................................................................... Barter Island Dew Airport (Kaktovik) ........................................................................................... Passenger Terminal ..................................................................................................................... 

Juneau International Airport ........................................................................................................ Snow Removal and other improvements ..................................................................................... 

Kodiak Airport .............................................................................................................................. Various Improvements ................................................................................................................. Palmer Municipal Airport ............................................................................................................. Various Improvements ................................................................................................................. 

Petersburg Airport ........................................................................................................................ Runway Apron & Various improvements ..................................................................................... Blackwell Field Airport ................................................................................................................. Land Acquisition for Runway Extension ...................................................................................... 

City of Hartselle (Roundtree Field) .............................................................................................. Apron expansion .......................................................................................................................... Fairhope Municipal ...................................................................................................................... Runway replacement; convert runway to taxiway ....................................................................... 

Lawrence County Airport .............................................................................................................. Runway 13/31 rehabilitation ....................................................................................................... Madison County Executive Airport ............................................................................................... Security fencing, drainage imps;; land acquis;; taxiway ........................................................... Mobile Downtown (Brookley Field) ............................................................................................... Runway Rehabilitation ................................................................................................................. 

Montgomery Regional (Dannelly Field) ........................................................................................ Terminal Construction ................................................................................................................. 

Richard Arthur-Fayette Field ........................................................................................................ Improve and extend runway ........................................................................................................ Shelby County Airport .................................................................................................................. Land Acquisition, Runway & Taxiway ......................................................................................... 

Centre-Piedmont-Cherokee Regional ........................................................................................... Master Plan and land acquisition .............................................................................................. 

Batesville Regional Airport .......................................................................................................... Install localizer, DME; runway lighting; relocate hangers .......................................................... Northwest Arkansas Regional ...................................................................................................... Airport Expansion ......................................................................................................................... Deer Valley Airport ....................................................................................................................... Various improvements ................................................................................................................. 

Williams Gateway Airport ............................................................................................................. Construct north ramp taxiway ..................................................................................................... 

Fresno Yosemite International Airport ......................................................................................... Runway rehabilitation; redesign; access control system ........................................................... Imperial Valley Regional .............................................................................................................. Cargo airport feasibility study .................................................................................................... Little River Airport Mendocino County ......................................................................................... Land acquisition .......................................................................................................................... Meadows Field Airport ................................................................................................................. Terminal master plan; runway extension .................................................................................... 

San Bernardino International ...................................................................................................... Runway repair and replacement ................................................................................................. 

San Francisco International Airport ............................................................................................. Various improvements ................................................................................................................. 

Southern California Logistics Airport .......................................................................................... Engine run-up area ..................................................................................................................... 

Stockton Metropolitan .................................................................................................................. Cargo apron on north side of runway 11L/29R .......................................................................... 

Georgetown Air Services Airport .................................................................................................. Security Improvements ................................................................................................................ 

New Castle County Airport ........................................................................................................... Digital Video Recording System .................................................................................................. 

Ft. Lauderdale-Hollywood International ....................................................................................... Develop and design automated people mover ............................................................................ Inverness and Crystal River Airports ........................................................................................... Security improvements ................................................................................................................ 

Miami International Airport ......................................................................................................... Apron replacement for parking; security enhancements ............................................................ Orlando International Airport ....................................................................................................... Wildlife Attractants Project ......................................................................................................... Orlando Sanford Airport ............................................................................................................... Extension of runway 9R/27L ........................................................................................................ Bush Field Airport ........................................................................................................................ New Terminal, Access & Parking ................................................................................................ 

Cherokee County Airport .............................................................................................................. Runway extension and parallel taxiway ...................................................................................... 

Glynco Jetport Terminal ............................................................................................................... Modernize facility for operations and security needs ................................................................. Council Bluffs Airport .................................................................................................................. Land Acquisition, Runway ........................................................................................................... 

Eastern Iowa Airport .................................................................................................................... Rehabilitation of taxiways and general aviation apron ............................................................. Fairfield Municipal Airport ........................................................................................................... Runway & Taxiway ....................................................................................................................... 

Mason City Municipal .................................................................................................................. Reconstruct primary runway (17/35) .......................................................................................... Ottumwa Industrial Airport .......................................................................................................... Partial parallel taxiway to runway end 31 ................................................................................. Freeport Albertus Airport .............................................................................................................. Airport Improvement Projects ...................................................................................................... 

Greater Rockford Airport .............................................................................................................. Airport Improvement Projects ...................................................................................................... Quad City Airport/Moline .............................................................................................................. Airport Improvement Projects ...................................................................................................... Gary/Chicago Airport .................................................................................................................... Bituminous overlay for runway rehabilitation; apron expansion ................................................ Wichita Mid-Continent ................................................................................................................. Construct parallel runway and connecting taxiways .................................................................. Barkley Regional Airport .............................................................................................................. Runway Extension, Various improvements .................................................................................. 

Blue Grass Field .......................................................................................................................... Expansion of air carrier ramp ..................................................................................................... 

Bowman Field .............................................................................................................................. Reconstruct taxiway and apron ................................................................................................... 

Hawesville-Hancock County ......................................................................................................... Design/construct runway ............................................................................................................. Hazard Airport .............................................................................................................................. Runway extension ........................................................................................................................ Henderson City/County Airport ..................................................................................................... Taxiway relocation ....................................................................................................................... 

Madison County Airport ............................................................................................................... Runway safety area improvement ............................................................................................... 

Marion/Crittendon County Airport ................................................................................................ Engineering for phase 1 development; escavation ..................................................................... Mt. Sterling-Montgomery Airport .................................................................................................. Parallel taxiway ........................................................................................................................... 

Princeton/Caldwell County Airport ............................................................................................... Runway Extension ........................................................................................................................ 

Rowan County Airport .................................................................................................................. Master plan, environmental, grade and drain ............................................................................ 

Somerset Airport .......................................................................................................................... Runway extension and runway overlay ....................................................................................... 

Tri-County Northern Regional Airport .......................................................................................... Various improvements ................................................................................................................. 

Williamsburg/Whitley County Airport ........................................................................................... Grade and pave for new airport ................................................................................................. 

Armstrong International Airport ................................................................................................... Airfield safety improvements; other improvements .................................................................... 

Houma-Terrebone ......................................................................................................................... Runway upgrades ........................................................................................................................ 

Monroe Regional Airport .............................................................................................................. Terminal ....................................................................................................................................... Ryan Field Baton Rouge Airport .................................................................................................. Various improvements, Language ............................................................................................... 

Shreveport Regional Airport ......................................................................................................... Runway, Noise, Cargo .................................................................................................................. 

Slidell Municipal .......................................................................................................................... Airport taxiway reconstruction ..................................................................................................... 

Cherry Capital Airport .................................................................................................................. Terminal Construction ................................................................................................................. Oakland International .................................................................................................................. Noise mitigation activities .......................................................................................................... Minneapolis St. Paul .................................................................................................................... Deicing pad for runway 12R ....................................................................................................... 

Joplin Airport ................................................................................................................................ Environmental assessment and design—new terminal ............................................................ Kennett Memorial Airport ............................................................................................................. New runway construction ............................................................................................................ Lewis County Airport .................................................................................................................... Hangar Projects ........................................................................................................................... Springfield/Branson ..................................................................................................................... Design for new midfield terminal ............................................................................................... Washington Memorial Airport ...................................................................................................... Runway Project ............................................................................................................................ 

AIP HIGH PRIORITY PROJECTS—Continued

Airport Project Description Confe

Gulfport-Biloxi Airport .................................................................................................................. Terminal Expansion & Security ................................................................................................... 

Houston Municipal Airport ........................................................................................................... Various improvements ................................................................................................................. 

Bert Mooney Airport ..................................................................................................................... Various improvements ................................................................................................................. 

Great Falls International Airport .................................................................................................. Category III Upgrades .................................................................................................................. 

Helena Regional Airport ............................................................................................................... Facility Modernization .................................................................................................................. Missuola International Airport ..................................................................................................... Master Plan, Runway, Land ........................................................................................................ Andrews-Murphy Airport ............................................................................................................... Runway extension; taxiway and RSA; land acquisition 1, .......................................................... Anson County ............................................................................................................................... Various improvements ................................................................................................................. Concord Regional Airport ............................................................................................................. Runway Ext., Land Acquisition .................................................................................................... Johnson County Airport ................................................................................................................ Wetland mitigation; construction of extended RSA .................................................................... 

Macon County Airport .................................................................................................................. Runway extension EIS, design, and preliminary engineering ..................................................... Monroe Municipal Lincoln County ................................................................................................ Security fencing ........................................................................................................................... Morgantown Lenoir Airport ........................................................................................................... Partial parallel taxiways; widen/overlay runway ......................................................................... Statesville Municipal Airport ....................................................................................................... Land acquisition; design/build runway extension; install ILS .................................................... Bismark Municipal Airport ........................................................................................................... Terminal Replacement ................................................................................................................. 

Central Nebraska Regional Airport .............................................................................................. Taxiway & Runwawy .................................................................................................................... 

Newark International Airport ........................................................................................................ Engineering studies/EIS for installation of LDA w/glideslope .................................................... Dona Ana County Airport ............................................................................................................. Runway and Taxiway ................................................................................................................... 

Reno Stead Airport ....................................................................................................................... Runway and Taxiway ................................................................................................................... 

Reno/Tahoe International Airport ................................................................................................. Taxiway, Runway .......................................................................................................................... Hancock International .................................................................................................................. Various equipment improvements ............................................................................................... 

Niagara Falls International Airport .............................................................................................. Rehabilitate apron; access improvements; hanger demolition .................................................. Plattsburgh International ............................................................................................................. Construct terminal; rehabilitate hangers .................................................................................... 

Akron-Canton Regional ................................................................................................................ Design and construction of terminal expansion ......................................................................... Cincinnati Municipal (Lunken Field) ........................................................................................... Security fencing ........................................................................................................................... 

Cleveland Hopkins ....................................................................................................................... Install navaids; noise mitigation; security upgrades; lighting .................................................. 

Port Columbus International ........................................................................................................ Various improvements ................................................................................................................. 

Rickenbacker International .......................................................................................................... Rehabilitation/expansion of air cargo aircraft parking .............................................................. 

Toledo Express Airport ................................................................................................................. Construction of aircraft parking apron; security enhancements ............................................... Bartlesville Municipal Airport ...................................................................................................... Runway, Safety Area .................................................................................................................... 

Davis Field Airport ....................................................................................................................... Rehabilitate runway 13–31 ......................................................................................................... Connellsville Airport ..................................................................................................................... Runway extension; acquisition; other improvements .................................................................. Erie International ......................................................................................................................... Runway Extension ........................................................................................................................ 

Jimmy Stewart Airport .................................................................................................................. Construct new, longer runway ..................................................................................................... 

Lawrence County Airport .............................................................................................................. Various improvements ................................................................................................................. Lehigh Valley International Airport .............................................................................................. Lighting ........................................................................................................................................ 

Philadelphia International Airport ............................................................................................... Reconstruct terminal apron; extend RSA;; security; airfield ....................................................... Fairfield County Airport ................................................................................................................ Runway Extension ........................................................................................................................ Spartanburlg Downtown ............................................................................................................... Construct RSA; extend runway .................................................................................................... Chan Gurney Airport .................................................................................................................... Runway Lighting System ............................................................................................................. Highmore Municipal Airport ......................................................................................................... Runway ........................................................................................................................................ 

Chattanooga Airport ..................................................................................................................... West airfield access road ............................................................................................................ 

McGhee Tyson Airport, Knoxville .................................................................................................. Construct new taxiway, public access road, and service road .................................................. Nashville International Airport ..................................................................................................... Security Enhancement ................................................................................................................. 

Upper Cumberland Regional ........................................................................................................ Extend runway and parallel taxiway; land acquisition ............................................................... Abilene Airport ............................................................................................................................. Various improvements ................................................................................................................. Del Rio International .................................................................................................................... Land acquisition for runway extension ....................................................................................... Denton Municipal Airport ............................................................................................................. Improvements .............................................................................................................................. Draughon-Miller Regional Airport ................................................................................................ Extend runway; improve parallel taxiwawy; lighting; elect. Vault .............................................. Fort Worth Alliance Airport .......................................................................................................... Extension of two runways ............................................................................................................ 

Gainesville Municipal Airport ....................................................................................................... Extend and mark runway 71–35; extend parallel taxiway ......................................................... San Antonio International Airport ................................................................................................ Various improvements ................................................................................................................. 

Valley International Airport .......................................................................................................... Land acquisition; reconstruct/relocate road ............................................................................... Ogden Hinckley Airport ................................................................................................................ Runway Extension ........................................................................................................................ Blue Ridge Airport ....................................................................................................................... Construction of facility for CAP .................................................................................................. Charlottsville-Albermarle Airport ................................................................................................. Various improvements ................................................................................................................. 

Franklin County Airport ................................................................................................................ Airport study ................................................................................................................................ 

Manassas Airport ......................................................................................................................... Various improvements ................................................................................................................. 

Washington Dulles International ................................................................................................. Various improvements ................................................................................................................. 

Rutland State Airport ................................................................................................................... Public Taxiway ............................................................................................................................. Bremerton Airport ......................................................................................................................... Various improvements ................................................................................................................. 

Spokane International Airport ...................................................................................................... Taxiway ........................................................................................................................................ 

Central Wisconsin Airport ............................................................................................................ Reconstruct primary air carrier runway & parallel taxiway ....................................................... LaCrosse Municipal Airport .......................................................................................................... Parallel Taxiway ........................................................................................................................... 

Upshur County Airport ................................................................................................................. Runway extension; obstruction removal; apron const. ............................................................... WV Airports .................................................................................................................................. Various improvements ................................................................................................................. 

Cheyenne Airport .......................................................................................................................... Runway Safety Area & Taxiway ................................................................................................... 

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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. 

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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 

1264

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. 

1265

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 

1266

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 

1267

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 less than 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

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Project Name Conference Total 

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

1269

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

1270

Project Name Conference Total 

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

1271

Project Name Conference Total 

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

1272

Project Name Conference Total 

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

1273

Project Name Conference Total 

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 

1274

Project Name Conference Total 

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. 

1275

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

1276

Project Name Conference Total 

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.

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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

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Project Name Conference Total 

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 appro- priation 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 

1279

$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 

1280

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 enVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01282 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.563 HR010
1281

courage 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. 

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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. 

1283

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 

1284

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. 

1285

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 builtin 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. 

1286

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 

1287

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 

1288

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

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Conference 

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 

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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 

1291

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 

1292

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 for metropolitan 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 

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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 

1294

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.

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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 busrelated 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

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Project Name Conference total 

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

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Project Name Conference total 

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

1298

Project Name Conference total 

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

1299

Project Name Conference total 

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

1300

Project Name Conference total 

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

1301

Project Name Conference total 

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

1302

Project Name Conference total 

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, LexVerDate Jan 31 2003 06:05 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01304 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.576 HR010
1303

ington 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 

1304

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

1305

Project Name Conference 

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

1306

Project Name Conference Total 

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

1307

Project Name Conference Total 

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. 

1308

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. 

1309

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 addi- tional $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 fund- ing 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. 

1310

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. 

1311

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. 

1312

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 ferVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01314 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.583 HR010
1313

ryboat 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

1314

Project Name Conference Total 

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

1315

Project Name Conference Total 

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

1316

Project Name Conference Total 

‘‘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 

1317

Project Name Conference Total 

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

1318

Project Name Conference Total 

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

1319

Project Name Conference Total 

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

1320

Project Name Conference Total 

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. 

1321

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 

1322

safety and security of Mexico-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. 

1323

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. 

1324

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 

1325

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 appropria- tions 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 appropria- tions 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, 

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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. 

1327

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. 

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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 

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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. 

1330

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 reVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01332 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.597 HR010
1331

ceived $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 attache ́s. 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. seaVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01333 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.597 HR010
1332

ports 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 costeffective technology possible, and build into its planning a life-cycle 

approach to replacing and upgrading such capability to meet everincreasing 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 

1333

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. 

1334

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. 

1335

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. 

1336

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. 

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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 

1338

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. 

1339

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. 

1340

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 conVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01342 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.603 HR010
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ferees 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. 

1342

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 

1343

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. 

1344

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 antidrug 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 

1345

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 

1346

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. 

1347

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 WilkesBarre, PA. 

1348

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 propVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01350 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.607 HR010
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erly 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 nonrecur 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 conVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01351 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.607 HR010
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trol 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. 

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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. 

1352

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 objecVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01354 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.609 HR010
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tive 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. AddiVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01355 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.610 HR010
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tionally, 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. 

1355

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.

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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. 

1357

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. 

1358

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 antidoping 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 

1359

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. 

1360

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. 

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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 

1362

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. 

1363

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 

1364

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. 

1365

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. 

1366

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. 

1367

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 naVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01369 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.617 HR010
1368

tional 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 flexiVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01370 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.618 HR010
1369

bilities 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 for which the funds were provided; 

and the total balance remaining in the fund. The first such report 

is due no later than July 31, 2003. 

1370

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 

1371

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-theboard 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. 

1372

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. 

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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. 

1374

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. 

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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 

1376

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 De- velopment 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; 

1377

$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; 

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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; 

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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; 

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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; 

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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; 

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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; 

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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; 

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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; 

1385

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; 

1386

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; 

1387

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; 

1388

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; 

1389

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; 

1390

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; 

1391

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 multipurpose 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; 

1392

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; 

1393

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; 

1394

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; 

1395

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; 

1396

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; 

1397

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; 

1398

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; 

1399

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; 

1400

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; 

1401

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; 

1402

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 highspeed, 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; 

1403

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; 

1404

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; 

1405

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; 

1406

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; 

1407

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; 

1408

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; 

1409

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; 

1410

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; 

1411

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; 

1412

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; 

1413

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; 

1414

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;

1415

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; 

1416

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; 

1417

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; 

1418

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. 

1419

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. 

1420

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. 

1421

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. 

1422

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, 

1423

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. 

1424

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 leadpoisoned 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 

1425

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 leadbased 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 

1426

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 Allocation Process (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 

1427

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. 

1428

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. 

1429

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. 

1430

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 

1431

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 comVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01433 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.642 HR010
1432

mended 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 Governorappointed 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. 

1433

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 budget request regarding planned and ongoing 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. 

1434

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. 

1435

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; 

1436

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 nondestructive 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; 

1437

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 smogcausing 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; 

1438

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 

1439

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 in- crease 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. 

1440

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; 

1441

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; 

1442

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 nonprofit 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 ForkPend 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 initiaVerDate Jan 31 2003 06:05 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01444 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.647 HR010
1443

tive 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; 

1444

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. 

1445

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 followup 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 corVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01447 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.648 HR010
1446

responding 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. 

1447

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 super- fund 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, includ- ing $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. 

1448

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 for clean 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 Drink- ing 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 11⁄2 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 governVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01450 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.649 HR010
1449

mental 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 costshare 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. 

1450

The conferees agree that $314,887,000 is provided for costshared 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; 

1451

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; 

1452

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; 

1453

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; 

1454

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; 

1455

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; 

1456

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; 

1457

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; 

1458

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; 

1459

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; 

1460

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; 

1461

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; 

1462

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; 

1463

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; 

1464

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; 

1465

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 AlbanyMillersburg 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; 

1466

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; 

1467

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 GreenlineSpartanburg 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; 

1468

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; 

1469

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; 

1470

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 

1471

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. 

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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. 

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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 plan- ning 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 

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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 in- stead 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 

1475

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 availVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01477 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.662 HR010
1476

able 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. §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.’’

1477

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 

1478

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. 

1479

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 indepth 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 

1480

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 

1481

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 Pro- gram, $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. 

1482

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 Al- liance 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. 

1483

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 

1484

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. 

1485

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. 

1486

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 leave management of 

1487

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. 

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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 En- gineering. 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 

1489

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 

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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 AlliVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01492 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.669 HR010
1491

ances 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 first use 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 

1492

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 (socalled IPA’s) and over 200 are contractors. The assignment of nonVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01494 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.670 HR010
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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 in- stead 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 

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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. 

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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. 

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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. 

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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 ConstrucVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01499 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.672 HR010
1498

tion 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)

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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. 

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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 

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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 opVerDate Jan 31 2003 03:43 Feb 19, 2003 Jkt 084817 PO 00000 Frm 01503 Fmt 6601 Sfmt 6601 E:\HR\OC\HR010.675 HR010
1502

erating 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 

1503

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. 

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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-theboard 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,

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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.

Æ