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$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.
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, mainte-
nance, upkeep, repair, and improvement, included as part
of rentals received from Government corporations pursu-
ant 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 require-
ments: Provided, That any proposed transfers shall be ap-
proved in advance by the Committees on Appropriations.
SEC. 404. No funds made available by this Act shall
be used to transmit a fiscal year 2004 request for United
States Courthouse construction that: (1) does not meet
the design guide standards for construction as established
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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: Pro-
vided, That the fiscal year 2004 request must be accom-
panied 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 Build-
ings Fund, to any agency that does not pay the rate per
square foot assessment for space and services as deter-
mined by the General Services Administration in compli-
ance with the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 406. Funds provided to other Government agen-
cies by the Information Technology Fund, General Serv-
ices 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
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savings, may be repaid to this Fund from any savings ac-
tually 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 Avail-
ability of Revenue’’, claims against the Government of less
than $250,000 arising from direct construction projects
and acquisition of buildings may be liquidated from sav-
ings effected in other construction projects with prior noti-
fication to the Committees on Appropriations.
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 Reorganiza-
tion Plan Numbered 2 of 1978 and the Civil Service Re-
form 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 vehi-
cles, and direct procurement of survey printing,
$31,788,000 together with not to exceed $2,594,000 for
administrative expenses to adjudicate retirement appeals
to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Sys-
tems Protection Board.
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MORRIS K. UDALL SCHOLARSHIP AND EXCEL-
LENCE 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 Excel-
lence 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 Na-
tional Environmental Policy Foundation for the necessary
expenses of the Native Nations Institute.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolu-
tion Fund to carry out activities authorized in the Envi-
ronmental 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 admin-
istration of the National Archives (including the Informa-
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tion Security Oversight Office) and archived Federal
records and related activities, as provided by law, and for
expenses necessary for the review and declassification of
documents, and for the hire of passenger motor vehicles,
$249,731,000: 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 Ar-
chives 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 Sep-
tember 30, 2005.
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of ar-
chives facilities, and to provide adequate storage for hold-
ings, $10,458,000, to remain available until expended, of
which $1,250,000 is for the Military Personnel Records
Center preliminary design studies, and $3,250,000 is for
repairs to the Lyndon Baines Johnson Presidental Library
Plaza.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS
COMMISSION
GRANTS PROGRAM
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
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U.S.C. 2504, $7,000,000, to remain available until ex-
pended.
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 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 ex-
ceed $1,500 for official reception and representation ex-
penses, $10,486,000.
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 Reorganiza-
tion Plan Numbered 2 of 1978 and the Civil Service Re-
form 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 reim-
bursements to applicable funds of the Office of Personnel
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Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order No. 10422 of
January 9, 1953; and payment of per diem and/or subsist-
ence allowances to employees where Voting Rights Act ac-
tivities require an employee to remain overnight at his or
her post of duty, $128,986,000, 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 mod-
ernize 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 Of-
fice of Personnel Management without regard to other
statutes, including direct procurement of printed mate-
rials, 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 Exam-
ining Unit of the Office of Personnel Management estab-
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lished pursuant to Executive Order No. 9358 of July 1,
1943, or any successor unit of like purpose: Provided fur-
ther, That the President’s Commission on White House
Fellows, established by Executive Order No. 11183 of Oc-
tober 3, 1964, may, during fiscal year 2003, accept dona-
tions of money, property, and personal services in connec-
tion with the development of a publicity brochure to pro-
vide information about the White House Fellows, except
that no such donations shall be accepted for travel or re-
imbursement of travel expenses, or for the salaries of em-
ployees 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, including services as authorized by 5 U.S.C.
3109, hire of passenger motor vehicles, $1,498,000; and
in addition, not to exceed $10,766,000 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 appro-
priate 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.
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GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES
HEALTH BENEFITS
For payment of Government contributions with re-
spect 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), such sums
as may be necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE
LIFE INSURANCE
For payment of Government contributions with re-
spect 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 in-
creased annuity benefits becoming effective on or after Oc-
tober 20, 1969, as authorized by 5 U.S.C. 8348, and an-
nuities under special Acts to be credited to the Civil Serv-
ice Retirement and Disability Fund, such sums as may
be necessary: Provided, That annuities authorized by the
Act of May 29, 1944, and the Act of August 19, 1950
(33 U.S.C. 771–775), may hereafter be paid out of the
Civil Service Retirement and Disability Fund.
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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 Reemploy-
ment Act of 1994 (Public Law 103–353), including serv-
ices 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; $12,432,000.
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 Commis-
sion on the National Moment of Remembrance, as author-
ized by Public Law 106–579, $250,000.
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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 procure-
ment 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 ex-
isting 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 ac-
tivity or paying a salary to a Government employee would
result in a decision, determination, rule, regulation, or pol-
icy that would prohibit the enforcement of section 307 of
the Tariff Act of 1930.
SEC. 504. None of the funds made available by this
Act shall be available for the purpose of transferring con-
trol over the Federal Law Enforcement Training Center
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located at Glynco, Georgia, and Artesia, New Mexico, out
of the Department of the Treasury.
SEC. 505. 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, for-
merly held by an employee who has left to enter the Armed
Forces of the United States and has satisfactorily com-
pleted 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 pe-
riod of not more than 1 year, made application for restora-
tion to his former position and has been certified by the
Office of Personnel Management as still qualified to per-
form the duties of his former position and has not been
restored thereto.
SEC. 506. 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. 507. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—In the case of any equip-
ment 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 assist-
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ance 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 Sec-
retary of the Treasury shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a) by the Congress.
SEC. 508. 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 in-
scription 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, suspen-
sion, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 509. 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. 510. The provision of section 509 shall not
apply where the life of the mother would be endangered
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if the fetus were carried to term, or the pregnancy is the
result of an act of rape or incest.
SEC. 511. Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2002 from
appropriations made available for salaries and expenses
for fiscal year 2002 in this Act, shall remain available
through September 30, 2003, for each such account for
the purposes authorized: Provided, That a request shall
be submitted to the Committees on Appropriations for ap-
proval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance
with reprogramming guidelines.
SEC. 512. None of the funds made available in this
Act may be used by the Executive Office of the President
to request from the Federal Bureau of Investigation any
official background investigation report on any individual,
except when—
(1) such individual has given his or her express
written consent for such request not more than 6
months prior to the date of such request and during
the same presidential administration; or
(2) such request is required due to extraor-
dinary circumstances involving national security.
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SEC. 513. The cost accounting standards promul-
gated under section 26 of the Office of Federal Procure-
ment Policy Act (Public Law 93–400; 41 U.S.C. 422)
shall not apply with respect to a contract under the Fed-
eral Employees Health Benefits Program established
under chapter 89 of title 5, United States Code.
SEC. 514. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Of-
fice 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. 515. 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. 516. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act.
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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, agen-
cy, or instrumentality has in place, and will continue to
administer in good faith, a written policy designed to en-
sure that all of its workplaces are free from the illegal
use, possession, or distribution of controlled substances
(as defined in the Controlled Substances Act) by the offi-
cers and employees of such department, agency, or instru-
mentality.
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 ex-
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ceeded by not to exceed $3,700 for police-type vehicles,
and by not to exceed $4,000 for special heavy-duty vehi-
cles: Provided further, That the limits set forth in this sec-
tion may not be exceeded by more than 5 percent for elec-
tric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Re-
search, 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 alter-
native fuels vehicles acquired pursuant to Public Law
101–549 over the cost of comparable conventionally fueled
vehicles.
SEC. 604. Appropriations of the executive depart-
ments and independent establishments for the current fis-
cal year available for expenses of travel, or for the ex-
penses 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 cur-
rent fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensa-
tion 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