H. J. Res. 2—450
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 Appropria-
tions 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, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 503. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Govern-
ment 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 Manage-
ment 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
H. J. Res. 2—451
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 finan-
cial 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 guide-
lines.
SEC. 509. None of the funds made available in this Act may
be used by the Executive Office of the President to request from
the Federal Bureau of Investigation any official background inves-
tigation 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 cir-
cumstances 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 imple-
menting any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Manage-
ment 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).
H. J. Res. 2—452
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 para-
graph), 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 per-
taining to any President who takes the oath of office as Presi-
dent 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 pro-
posed Presidential archival depository will have construction
features or equipment that are expected to result in quantifiable
long-term savings to the Government with respect to the cost
of facility operations.
‘‘(II) The features and equipment described under subclause
(I) shall comply with the standards promulgated by the
Archivist under subsection (a)(2).
‘‘(III) The Archivist shall promulgate standards to be used
in calculating the dollar amount of any credit to be given,
and shall consult with all donors of the endowment before
giving any credits. The total dollar amount of credits given
under this paragraph may not exceed 20 percent of the base
endowment amount.
‘‘(D)(i) In calculating the additional endowment amount
required under paragraph (4), the Archivist shall take into
account credits given under subparagraph (C), and may also
give credits against the additional endowment amount required
under paragraph (4), if the Archivist determines that construc-
tion 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 addi-
tional 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 appro-
priations Act.
SEC. 515. None of the funds made available by this Act shall
be available for the purpose of transferring control over the Federal
H. J. Res. 2—453
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. Depart-
ment 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 threat-
ening illness of said employee.
SEC. 602. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 2003 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act) by the officers and
employees of such department, agency, or instrumentality.
SEC. 603. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses, ambu-
lances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the max-
imum 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.