[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1559 Enrolled Bill (ENR)]
H.R.1559
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
Making emergency wartime supplemental appropriations for the fiscal year
2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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--WAR-RELATED APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
Buildings and Facilities
For an additional amount for ``Buildings and Facilities'',
$110,000,000, to remain available until expended.
Public Law 480 Title II Grants
(Including Transfer of Funds)
For additional 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, $369,000,000, to remain available until
expended, for commodities supplied in connection with dispositions
abroad under title II of said Act: Provided, That from this amount, to
the maximum extent possible, funding shall be restored to the
previously approved fiscal year 2003 programs under section 204(a)(2)
of the Agricultural Trade Development and Assistance Act of 1954:
Provided further, That of the funds provided under this heading, the
Secretary of Agriculture shall transfer to the Commodity Credit
Corporation $69,000,000 to acquire a quantity of commodities for use in
administering the Bill Emerson Humanitarian Trust: Provided further,
That the authority contained in 7 U.S.C. 1736f-1(c)(4) shall not apply
during fiscal year 2003 for any release of commodities after the date
of enactment of this Act.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
Salaries and Expenses
For an additional amount for ``General Administration, Salaries and
Expenses'', $5,000,000, to remain available until September 30, 2004.
Counterterrorism Fund
For an additional amount for ``Counterterrorism Fund'',
$20,000,000, to remain available until December 31, 2003: Provided,
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 division B of Public Law 108-7.
Detention Trustee
For an additional amount for ``Detention Trustee'' for the
detention of Federal prisoners in the custody of the United States
Marshals Service, $40,000,000.
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$2,500,000, to remain available until September 30, 2004.
Legal Activities
salaries and Expenses, United States Marshals Service
For an additional amount for ``Salaries and Expenses, United States
Marshals Service'' for necessary expenses, $8,000,000, to remain
available until September 30, 2004.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Federal Bureau of Investigations,
Salaries and Expenses'', $367,192,000, to remain available until
September 30, 2004: Provided, That the funds provided under this
heading shall not be available for obligation or expenditure except in
compliance with the procedures set forth in section 605 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2003.
Office of Justice Programs
community oriented policing services
For an additional amount for ``Community Oriented Policing
Services'', $54,750,000, to remain available until December 31, 2003,
shall be for the Community Oriented Policing Services, Interoperable
Communications Technology Program, for grants to States and localities
to improve communications within and among law enforcement agencies:
Provided, That the funds provided under this heading shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in section 605 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2003.
THE JUDICIARY
Supreme Court of the United States
Salaries and Expenses
For an additional amount for ``Supreme Court of the United States,
Salaries and Expenses'' for police enhancements, $1,535,000, to remain
available until September 30, 2004.
United States Court of Appeals for the Federal Circuit
Salaries and Expenses
For an additional amount for ``United States Court of Appeals for
the Federal Circuit, Salaries and Expenses'' for court security officer
expenses, $973,000, to remain available until September 30, 2004.
United States Court of International Trade
Salaries and Expenses
For an additional amount for ``United States Court of International
Trade, Salaries and Expenses'' to enhance security, $50,000.
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ``Diplomatic and Consular Programs'',
$88,420,000, to remain available until December 31, 2003: Provided,
That $35,800,000 shall be available for costs associated with the re-
establishment of a United States diplomatic presence in Baghdad, Iraq.
In addition, for the costs of worldwide security upgrades,
$10,000,000, to remain available until December 31, 2003.
Embassy Security, Construction, and Maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $149,500,000, to remain available until expended.
Emergencies in the Diplomatic and Consular Service
For an additional amount for ``Emergencies in the Diplomatic and
Consular Service'', $50,000,000, to remain available until expended,
which may be transferred to, and merged with, the appropriations for
``Diplomatic and Consular Programs''.
RELATED AGENCY
Broadcasting Board of Governors
International Broadcasting Operations
For an additional amount for ``International Broadcasting
Operations'' for activities related to the Middle East Television
Network broadcasting to the Middle East and radio broadcasting to Iraq,
$30,500,000, to remain available until September 30, 2004.
GENERAL PROVISION, THIS CHAPTER
Sec. 1201. Funds appropriated under this chapter for the
Broadcasting Board of Governors and the Department of State may be
obligated and expended notwithstanding section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995, and section 15
of the State Department Basic Authorities Act of 1956, as amended.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$7,700,000,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,600,000,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$1,200,000,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$2,800,000,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$3,000,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$100,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$16,000,000,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$5,100,000,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,650,000,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $7,100,000,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $1,200,000,000.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $3,000,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $7,000,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $20,000,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $75,000,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $20,000,000.
Iraq Freedom Fund
(TRANSFER OF FUNDS)
There is established in the Treasury of the United States a special
account to be known as the ``Iraq Freedom Fund''. For additional
expenses for ongoing military operations in Iraq, and those operations
authorized by Public Law 107-40, and other operations and related
activities in support of the global war on terrorism, not otherwise
provided for, necessary to finance the estimated partial costs of
combat, stability operations (including natural resource risk
remediation activities), force reconstitution, replacement of munitions
and equipment, and other costs, there is hereby appropriated
$15,678,900,000, to remain available for transfer until September 30,
2004: Provided, That amounts provided under this heading shall be
available for transfer for the following activities:
Not less than $1,771,180,000 for classified programs, which
shall be in addition to amounts provided for elsewhere in this
chapter, and under this heading, for procurement and research,
development, test and evaluation;
Not less than $1,100,000,000 for increased fuel costs, for
transfer to ``Defense Working Capital Funds'';
Up to $1,400,000,000 for transfer to ``Operation and
Maintenance, Defense-Wide'', only for purposes further specified in
section 1310 of this chapter;
Up to $489,300,000 for transfer to the ``Natural Resources Risk
Remediation Fund'';
Up to $400,000,000 for transfer to Department of Homeland
Security, ``United States Coast Guard, Operating Expenses'', to
support military activities in connection with operations in and
around Iraq and the global war on terrorism;
Up to $57,600,000 for research, development, test, and
evaluation; and
Up to $25,000,000 for counter-terrorism military training
activities for foreign governments in connection with the global
war on terrorism, including equipment, supplies and services, on
such terms as the Secretary of Defense, with the concurrence of the
Secretary of State and 15 days following submission of a financial
plan for the use of such funds to the congressional defense
committees, may determine:
Provided further, That in addition to the transfers authorized in the
preceding proviso, the Secretary of Defense may transfer the funds
provided herein to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster Assistance, and Civic Aid;
procurement; research, development, test and evaluation; military
construction; the Defense Health Program appropriation; and working
capital funds: Provided further, That the funds transferred under this
heading shall be merged with and shall be available for the same
purposes and for the same time period, as the appropriation to which
transferred: Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer authority available
to the Department of Defense: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the Secretary of Defense shall, not fewer than 5 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That the Secretary of Defense shall submit
a report no later than July 1, 2003, and then 30 days after the end of
each fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation.
Natural Resources Risk Remediation Fund
(transfer of funds)
There is established in the Treasury of the United States a special
account to be known as the ``Natural Resources Risk Remediation Fund''.
Funds transferred to, appropriated to, and contributions made to, the
Natural Resources Risk Remediation Fund may be made available for
expenses necessary, in and around Iraq, to address emergency fire
fighting, repair of damage to oil facilities and related
infrastructure, and preserve a distribution capability, and may remain
available until expended: Provided, That up to $489,300,000 of the
funds appropriated to the Iraq Freedom Fund in this Act may be
transferred to this fund: Provided further, That the Secretary of
Defense may accept from any person, foreign government, or
international organization, and credit to this fund, any contribution
of money for such purposes: Provided further, That funds available in
the Defense Cooperation Account may be transferred to and merged with
the Natural Resources Risk Remediation Fund: Provided further, That the
Secretary of Defense may transfer funds available in the Natural
Resources Risk Remediation Fund to other appropriations or funds of the
Department of Defense to carry out such purposes, or to reimburse such
appropriations or funds for expenses incurred for such purposes:
Provided further, That funds so transferred shall be merged with and
shall be available for the same purposes and for the same time period
as the appropriation or fund to which transferred: Provided further,
That the transfer authority provided in this paragraph is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for the
purposes provided, such amounts may be transferred back to this
appropriation: Provided further, That in administering the Natural
Resources Risk Remediation Fund during fiscal year 2003, the Secretary
of Defense may transfer funds from the Iraq Freedom Fund only to the
extent that amounts transferred from the Defense Cooperation Account
and amounts accepted pursuant to the authority of the second proviso of
this paragraph are not currently available: Provided further, That,
hereafter, contributions of money deposited into the Natural Resources
Risk Remediation Fund shall be reported to the Congress in the same
report, and under the same terms and conditions, as the report required
for contributions to the Defense Cooperation Account under section
2608, chapter 155 of title 10, United States Code: Provided further,
That the Secretary of Defense shall submit a report no later than 30
days after the end of each fiscal quarter to the congressional defense
committees of any transfer of funds from this appropriation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$4,100,000.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$3,100,000.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $53,300,000.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$447,500,000.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$241,800,000.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$113,600,000.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$451,000,000.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $11,500,000.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $70,000,000, to remain available for
obligation until September 30, 2004.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$501,700,000 for Operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $34,000,000.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1301. Except as otherwise specifically provided in this
chapter, amounts provided to the Department of Defense under each of
the headings in this chapter shall be available for the same time
period, and subject to the same terms and conditions, as the amounts
appropriated or otherwise made available in the Department of Defense
Appropriations Act, 2003 (Public Law 107-248) and Making Further
Continuing Appropriations for the Fiscal Year 2003, and for Other
Purposes (Public Law 108-7).
Sec. 1302. None of the funds provided in this chapter may be used
to finance programs or activities denied by Congress in previous fiscal
year 2003 appropriations acts which make appropriations to the
Department of Defense or to initiate a procurement or research,
development, test and evaluation new start program without prior
notification to the congressional defense committees.
Sec. 1303. None of the funds in this chapter may be used to develop
or procure any item or capability that will not be fielded within 4
years of enactment of this Act.
Sec. 1304. (a) Title II of the Department of Defense Appropriations
Act, 2003 (Public Law 107-248), is amended under the heading
``Operation and Maintenance, Defense-Wide'' by striking ``$25,000,000''
and inserting ``$50,000,000''.
(b) During fiscal year 2003 and notwithstanding the limitations in
section 166a(e)(1) of title 10, United States Code, of the total amount
available under such heading for the CINC initiative fund account (as
amended by subsection (a)), not more than $15,000,000 may be used for
the purpose described in subparagraph (A) of such section 166a(e)(1),
not more than $10,000,000 may be used for the purpose described in
subparagraph (B) of such section, and not more than $10,000,000 may be
used for the purpose described in subparagraph (C) of such section.
Sec. 1305. Title II of the Department of Defense Appropriations
Act, 2003 (Public Law 107-248), is amended under the heading
``Operation and Maintenance, Defense-Wide'' by striking ``$34,500,000''
and inserting ``$50,000,000''.
(transfer of funds)
Sec. 1306. Section 8005 of the Department of Defense Appropriations
Act, 2003 (Public Law 107-248), is amended--
(1) by striking ``$2,000,000,000'' and inserting
``$2,500,000,000'';
(2) by striking ``May 31, 2003'' and inserting ``June 30,
2003''; and
(3) by striking the sixth proviso, as added by section 112 of
division M of Public Law 108-7, beginning with ``: Provided
further,'' and ending with ``to which transferred''.
(INCLUDING TRANSFER OF FUNDS)
Sec. 1307. In addition to amounts made available elsewhere in this
Act for the Department of Defense, $165,000,000 is appropriated to the
Department of Defense to reimburse applicable appropriations for the
value of drawdown support provided by the Department of Defense under
the Afghanistan Freedom Support Act of 2002: Provided, That this
appropriation shall not increase the limitation set forth in section
202(b) of that Act: Provided further, That the Secretary of Defense may
transfer the funds provided herein to the applicable appropriations of
the Department of Defense: Provided further, That the funds transferred
shall be merged with and shall be available for the same purposes and
for the same time period as the appropriation to which transferred:
Provided further, That the transfer authority provided in this section
is in addition to any other transfer authority available to the
Department of Defense: 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 in writing the
House and Senate Committees on Appropriations of the source of the
funds to be used for such purpose.
Sec. 1308. Funds appropriated in this Act, or made available by the
transfer of funds in or pursuant to 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).
Sec. 1309. (a) Of the amounts available to the Secretary of
Defense, $63,500,000 may be used to reimburse applicable appropriations
for the value of support provided by the Department of Defense under
the Iraq Liberation Act of 1998: Provided, That this appropriation
shall not increase the limitation set forth in section (4)(a)(2)(B) of
that Act.
(b) Section (4)(a)(2) of the Iraq Liberation Act of 1998 is amended
by adding the following new subparagraph at the end:
``(C) The aggregate value (as defined in section 644(m) of
the Foreign Assistance Act of 1961) of assistance provided
under this paragraph may not exceed $86,500,000 in fiscal year
2003.''.
(c) 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 (4)(a)(2) of
the Iraq Liberation Act of 1998 (including the drawdown authority of
this section) unless the House and Senate Committees on Appropriations
are notified in writing of the sources of the funds to be used for such
purpose not later than 7 days following the exercise of the drawdown
authority.
(INCLUDING TRANSFER OF FUNDS)
Sec. 1310. Up to $1,400,000,000 of funds transferred under the
authority provided under the heading ``Iraq Freedom Fund'' to
``Operation and Maintenance, Defense-Wide'' may be used,
notwithstanding any other provision of law, for payments to reimburse
Pakistan, Jordan, and other key cooperating nations, for logistical and
military support provided, or to be provided, to United States military
operations in connection with military action in Iraq and the global
war on terrorism: Provided, That such payments may be made in such
amounts as the Secretary of Defense, with the concurrence of the
Secretary of State and in consultation with the Director of the Office
of Management and Budget, may determine, in his discretion, based on
documentation determined by the Secretary of Defense to adequately
account for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States, and 15
days following notification to the appropriate congressional
committees: Provided further, That unless expressly provided in an
appropriations Act enacted after the date of enactment of this Act, and
notwithstanding any other provision of law, no funds other than those
additional amounts provided herein shall be made available for any
payments intended to fulfill the purposes specified in this section and
similar reimbursement authorities expressly provided in section 304 of
Public Law 107-117 and within the ``Operation and Maintenance, Defense-
Wide'' appropriation account enacted in Public Law 107-206: Provided
further, That not later than July 1, 2003, the Secretary of Defense
shall submit a report in writing to the Committees on Appropriations
that includes a financial plan for the obligation and expenditure of
such funds: Provided further, That if such report is not provided to
the Committees on Appropriations by the date specified in the previous
proviso, unobligated balances of funds that are available from the
amounts provided in this chapter for the purposes specified under this
section shall be returned to the Treasury of the United States:
Provided further, That, beginning not later than July 1, 2003, the
Secretary of Defense shall provide quarterly reports to the Committees
on Appropriations on the uses of funds made available for payments to
Pakistan, Jordan, and other key cooperating nations for logistical and
military support provided to United States military operations in
connection with military action in and around Iraq and the global war
on terrorism.
(transfer of funds)
Sec. 1311. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may transfer between
appropriations up to $2,000,000,000 of the funds made available in this
chapter: Provided, That the Secretary of Defense shall notify the
Congress promptly of all transfers made pursuant to this authority:
Provided further, That the transfer authority provided in this section
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That the authority in this
section is subject to the same terms and conditions as the authority
provided in section 8005 of Public Law 107-248 except for the fourth
proviso.
Sec. 1312. The Secretary of Defense shall notify the congressional
defense committees no later than 15 days after the obligation of funds
appropriated in this Act for military construction activities or minor
construction in excess of $7,500,000.
(TRANSFER OF FUNDS)
Sec. 1313. As of October 31, 2003, all balances of funds remaining
in the ``Defense Emergency Response Fund'' shall be transferred to, and
merged with, the ``Iraq Freedom Fund'', and shall be available for the
same purposes, and under the same terms and conditions, as funds
appropriated to the ``Iraq Freedom Fund'' in this chapter.
(Including Transfer of Funds)
Sec. 1314. Technical Adjustments to Public Law 107-248.
Notwithstanding any other provision of law, the following adjustments
and transfers shall apply to funds previously made available, and to
restrictions, in the Department of Defense Appropriations Act, 2003
(Public Law 107-248):
(1) Under the heading ``Operation and Maintenance, Army
National Guard'', not more than $3,000,000 is available to build an
Infantry Brigade Rifle Range for the South Carolina National Guard;
and, in addition, appropriations available during fiscal year 2003
under the heading ``Operation and Maintenance, Army'', not more
than $2,000,000 is available for training range enhancements at
Fort Indiantown Gap, Pennsylvania and, further, appropriations
available for the Air Battle Captain program at the University of
North Dakota may be used to provide summer flight training to the
United States Military Academy cadets.
(2) Under the heading, ``Operation and Maintenance, Air
Force'', not more than $6,800,000 is available to build and install
fiber optic and power improvements and upgrades at the 11th Air
Force Range.
(3) Under the heading, ``Procurement, Defense-Wide'', strike
``purchase of 4'' and insert ``purchase of 6''.
(4) Upon enactment of this Act, the Secretary of Defense shall
make the following transfers of funds provided in Public Law 107-
248 for the Dismounted Intelligence Situation Mapboard (DISM)
program, and such funds, once transferred, are available for the
Dismounted Intelligence Situation Mapboard (DISM) program:
Provided, That the amounts transferred shall be 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:
From:
Under the heading ``Other Procurement, Army, 2003/
2005'', $5,600,000; and
Under the heading ``Research, Development, Test and
Evaluation, Army, 2003/2004'', $2,800,000.
To:
Under the heading ``Procurement, Marine Corps, 2003/
2005'', $2,800,000;
Under the heading ``Procurement, Defense-Wide, 2003/
2005'', $2,800,000;
Under the heading ``Research, Development, Test and
Evaluation, Navy, 2003/2004'', $1,400,000; and
Under the heading ``Research, Development, Test and
Evaluation, Defense-Wide, 2003/2004'', $1,400,000.
Sec. 1315. Section 811(b) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2608; 10 U.S.C. 2406c note) is amended by striking ``on or after the
date of the enactment of this Act'' and inserting ``on or after January
1, 2004''.
Sec. 1316. (a) Increase in Imminent Danger Special Pay.--Section
310(a) of title 37, United States Code, is amended by striking ``$150''
and inserting ``$225''.
(b) Increase in Family Separation Allowance.--Section 427(a)(1) of
title 37, United States Code, is amended by striking ``$100'' and
inserting ``$250''.
(c) Expiration.--(1) The amendments made by subsections (a) and (b)
shall expire on September 30, 2003.
(2) Effective on September 30, 2003, sections 310(a) of title 37,
United States Code, and 427(a)(1) of title 37, United States Code, as
in effect on the day before the date of the enactment of this Act are
hereby revived.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on October 1, 2002, and shall apply with respect to
months beginning on or after that date.
(rescission of funds)
Sec. 1317. Of the funds appropriated in Department of Defense
appropriations Acts, the following funds are hereby rescinded from the
following account in the specified amount: ``Research, Development,
Test and Evaluation, Navy, 2003/2004'', $3,400,000.
Sec. 1318. In the case of a member of the Armed Forces who is ill
or injured as described in section 411h of title 37, United States
Code, as a result of service on active duty in support of Operation
Noble Eagle, Operation Enduring Freedom or Operation Iraqi Freedom, in
addition to the transportation benefits authorized under that section,
travel allowances may be provided to members of the family of the ill
or injured member without regard to whether there is a determination
that the presence of the family member may contribute to the member's
health and welfare.
Sec. 1319. (a) For a member of the Armed Forces medically evacuated
for treatment in a medical facility, or for travel to a medical
facility or the member's home station, by reason of an illness or
injury incurred or aggravated by the member while on active duty in
support of Operation Noble Eagle, Operation Enduring Freedom or
Operation Iraqi Freedom, the Secretary of the military department
concerned may procure civilian attire suitable for wear by the member
during the travel.
(b) The Secretary may not expend more than $250 for the procurement
of civilian attire for any member under subsection (a).
CHAPTER 4
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for homeland security expenses, for
``Operation and Maintenance, General'', $39,000,000, to remain
available until expended.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
For an additional amount for homeland security expenses, for
``Water and Related Resources'', $25,000,000, to remain available until
expended.
DEPARTMENT OF ENERGY
Energy Programs
SCIENCE
For an additional amount for ``Science'' for expenses necessary to
support safeguards and security of nuclear and other facilities and for
other purposes, $11,000,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
WEAPONS ACTIVITIES
For an additional amount for ``Weapons Activities'' for expenses
necessary to safeguard nuclear weapons and nuclear material,
$67,000,000, to remain available until expended: Provided, That
$20,000,000 of the funds provided shall be available for secure
transportation asset activities: Provided further, That $47,000,000 of
the funds provided shall be available to meet increased safeguards and
security needs throughout the nuclear weapons complex.
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ``Defense Nuclear Nonproliferation'',
$148,000,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Restoration and Waste Management
For an additional amount for ``Defense Environmental Restoration
and Waste Management'', for expenses necessary to support safeguards
and security activities at nuclear and other facilities, $6,000,000, to
remain available until expended.
OTHER DEFENSE ACTIVITIES
For an additional amount for ``Other Defense Activities'',
$4,000,000, to remain available until expended.
CHAPTER 5
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
United States Agency for International Development
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For an additional amount for ``Child Survival and Health Programs
Fund'', $90,000,000, to remain available until September 30, 2004.
International Disaster Assistance
For an additional amount for ``International Disaster Assistance'',
$143,800,000, to remain available until expended: Provided, That
amounts made available pursuant to section 492(b) of the Foreign
Assistance Act of 1961 for the purpose of addressing relief and
rehabilitation needs in Iraq, prior to enactment of this Act, shall be
in addition to the amount that may be obligated in any fiscal year
under that section: Provided further, That during the remainder of
fiscal year 2003 the authority referenced in the preceding proviso may
not be utilized unless written notice has been provided to the
Committees on Appropriations not less than 5 days prior to the exercise
of such authority.
Operating Expenses of the United States Agency for International
Development
For an additional amount for ``Operating Expenses of the United
States Agency for International Development'', $24,500,000, of which
not less than $3,500,000 may be transferred to and merged with
``Operating Expenses of the United States Agency for International
Development Office of Inspector General'' for financial and program
audits of the Iraq Relief and Reconstruction Fund and other assistance
for Iraq.
OTHER BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
IRAQ RELIEF AND RECONSTRUCTION FUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for humanitarian assistance in and around
Iraq and to carry out the purposes of the Foreign Assistance Act of
1961 for rehabilitation and reconstruction in Iraq, there is
appropriated to the President, $2,475,000,000, to remain available
until September 30, 2004, including for the costs of: (1) water/
sanitation infrastructure; (2) feeding and food distribution; (3)
supporting relief efforts related to refugees, internally displaced
persons, and vulnerable individuals, including assistance for families
of innocent Iraqi civilians who suffer losses as a result of military
operations; (4) electricity; (5) healthcare; (6) telecommunications;
(7) economic and financial policy; (8) education; (9) transportation;
(10) rule of law and governance; (11) humanitarian demining; and (12)
agriculture: Provided, That these funds shall be apportioned only to
the Department of State, the United States Agency for International
Development, the Department of the Treasury, the Department of Defense,
and the Department of Health and Human Services, as appropriate, for
expenses to meet such costs: Provided further, That funds appropriated
under this heading shall be used to fully reimburse accounts
administered by the Department of State, the Department of the Treasury
and the United States Agency for International Development, not
otherwise reimbursed from funds appropriated by this chapter, for
obligations incurred for the purposes provided under this heading prior
to enactment of this Act from funds appropriated for foreign
operations, export financing, and related programs: Provided further,
That prior to the initial apportionment of funds made available under
this heading to any agency or department, the President, or his
designee, shall consult with the Committees on Appropriations on plans
for the use of the funds appropriated under this heading that will be
used for assistance for Iraq: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the United States may accept from any person, foreign
government, or international organization, and credit to this Fund, any
contribution of money for such purposes: Provided further, That funds
appropriated under this heading shall be available notwithstanding any
other provision of law, including section 10 of Public Law 91-672 and
section 15 of the State Department Basic Authorities Act of 1956:
Provided further, That funds appropriated under this heading or
transferred under provisions of this chapter or section 632 of the
Foreign Assistance Act of 1961 that are made available for assistance
for Iraq shall be subject to notification of the Committees on
Appropriations, except that notifications shall be transmitted at least
5 days in advance of the obligation of funds.
Economic Support Fund
For an additional amount for ``Economic Support Fund'',
$2,422,000,000, of which:
(1) not less than $700,000,000 shall be made available for
assistance for Jordan;
(2) $300,000,000, to remain available until September 30, 2005,
shall be made available only for grants for Egypt: Provided, That
during the period beginning March 1, 2003, and ending September 30,
2005, loan guarantees may be made to Egypt, the principal amount,
any part of which is to be guaranteed, shall not exceed
$2,000,000,000: Provided further, That the Government of Egypt will
incur all the costs, as defined in section 502 of the Federal
Credit Reform Act of 1990, as amended, associated with these loan
guarantees, including any non-repayment exposure risk: Provided
further, That all fees associated with these loan guarantees,
including subsidy and administrative costs, shall be paid by the
Government of Egypt to the Government of the United States:
Provided further, That funds made available under this paragraph
and other funds appropriated to carry out chapter 4 of part II of
the Foreign Assistance Act of 1961 and made available for
assistance for Egypt may be used by the Government of Egypt to pay
such fees to the United States Government: Provided further, That
such guarantees shall constitute obligations, in accordance with
the terms of such guarantees, of the United States and the full
faith and credit of the United States is hereby pledged for full
payment and performance of such obligations: Provided further, That
the President shall determine the terms and conditions for issuing
the economic assistance authorized by this paragraph and should
take into consideration budgetary and economic reforms undertaken
by Egypt: Provided further, That if the President determines that
these terms and conditions have been breached, the President may
suspend or terminate the provision of all or part of such economic
assistance not yet outlayed under this paragraph;
(3) not to exceed $1,000,000,000, to remain available until
September 30, 2005, for grants for Turkey: Provided, That during
the period beginning March 1, 2003, and ending September 30, 2005,
direct loans or loan guarantees may be made to Turkey, the
principal amount of direct loans or loans, any part of which is to
be guaranteed, shall not exceed $8,500,000,000: Provided further,
That the Government of Turkey will incur all the costs, as defined
in section 502 of the Federal Credit Reform Act of 1990, as
amended, associated with these loans or loan guarantees, including
any non-repayment exposure risk: Provided further, That all fees
associated with these loans or loan guarantees, including subsidy
and administrative costs, shall be paid by the Government of Turkey
to the Government of the United States: Provided further, That
funds made available under this paragraph and other funds
appropriated to carry out chapter 4 of part II of the Foreign
Assistance Act of 1961 and made available for assistance for Turkey
may be used by the Government of Turkey to pay such fees to the
United States Government: Provided further, That such guarantees
shall constitute obligations, in accordance with the terms of such
guarantees, of the United States and the full faith and credit of
the United States is hereby pledged for the full payment and
performance of such obligations: Provided further, That none of the
funds made available by this paragraph may be made available for
assistance for Turkey if the Secretary of State determines and
reports to the Committees on Appropriations of the House and
Senate, the Committee on Foreign Relations of the Senate and
Committee on International Relations of the House that the
Government of Turkey is not cooperating with the United States in
Operation Iraqi Freedom, including the facilitation of humanitarian
assistance to Iraq, or has unilaterally deployed troops into
northern Iraq: Provided further, That the President shall determine
the terms and conditions for issuing the economic assistance
authorized by this paragraph and should take into consideration
budgetary and economic reforms undertaken by Turkey: Provided
further, That if the President determines that these terms and
conditions have been breached, the President may suspend or
terminate the provision of all or part of such economic assistance
not yet outlayed under this paragraph: Provided further, That any
balance of funds not made available to Turkey under this paragraph
shall be transferred to, and merged with, funds appropriated for
``Iraq Relief and Reconstruction Fund'';
(4) not less than $30,000,000 for assistance for the
Philippines to further prospects for peace in Mindanao, and not
less than $167,000,000 for assistance for Afghanistan: Provided,
That of the funds appropriated under this heading, $10,000,000
should be made available for investigations and research into
allegations of war crimes, crimes against humanity, or genocide
committed by Saddam Hussein or other Iraqis, and for a contribution
to an international tribunal to bring these individuals to justice;
(5) regional funds made available under this heading for
assistance that are not specified in paragraphs (1) through (4)
shall be subject to the regular notification procedures of the
Committees on Appropriations; and
(6) unless otherwise specified herein, funds appropriated under
this heading shall remain available until September 30, 2004.
Loan Guarantees to Israel
During the period beginning March 1, 2003, and ending September 30,
2005, loan guarantees may be made available to Israel, guaranteeing 100
percent of the principal and interest on such loans, the principal
amount, any part of which is to be guaranteed, not to exceed
$9,000,000,000, of which up to $3,000,000,000 may be issued prior to
October 1, 2003, or thereafter and of which $3,000,000,000 may be
issued subsequent to September 30, 2004: Provided, That such guarantees
shall constitute obligations, in accordance with the terms of such
guarantees, of the United States and the full faith and credit of the
United States is hereby pledged for the full payment and performance of
such obligations: Provided further, That if less than the full amount
of guarantees authorized to be made available is issued prior to
September 30, 2005, the authority to issue the balance of such
guarantees shall extend to the subsequent fiscal year: Provided
further, That guarantees may be issued under this section only to
support activities in the geographic areas which were subject to the
administration of the Government of Israel before June 5, 1967:
Provided further, That the amount of guarantees that may be issued
shall be reduced by an amount equal to the amount extended or estimated
to have been extended by the Government of Israel during the period
from March 1, 2003, to the date of issue of the guarantee, for
activities which the President determines are inconsistent with the
objectives and understandings reached between the United States and the
Government of Israel regarding the implementation of the loan guarantee
program: Provided further, That the President shall submit a report to
Congress no later than September 30 of each fiscal year during the
pendency of the program specifying the amount calculated under the
preceding proviso and that will be deducted from the amount of
guarantees authorized to be issued in the next fiscal year: Provided
further, That the interest rate for loans guaranteed under this heading
may include a reasonable fee to cover the costs and fees incurred by
the borrower in connection with this program or financing under this
heading in the event the borrower elects not to finance such costs or
fees out of loan principal: Provided further, That no appropriations
under this heading are available for the subsidy costs for these loan
guarantees: Provided further, That the Government of Israel will pay
the cost, as defined in section 502 of the Federal Credit Reform Act of
1990, as amended, including any non-payment exposure risk, associated
with the loan guarantees issued in any fiscal year, on a pro rata basis
as each guarantee is issued during that year: Provided further, That
all fees (as defined in section 601(e) of Public Law 102-391)
associated with the loan guarantees shall be paid by the Government of
Israel to the Government of the United States: Provided further, That
funds made available for assistance to Israel under chapter 4 of part
II of the Foreign Assistance Act of 1961, as amended, may be utilized
by the Government of Israel to pay such fees to the United States
Government: Provided further, That the President shall determine the
terms and conditions for issuing guarantees, taking into consideration
the budgetary and economic reforms undertaken by Israel: Provided
further, That if the President determines that these terms and
conditions have been breached, the President may suspend or terminate
the provision of all or part of the loan guarantees not yet issued
under this heading.
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $25,000,000, to remain available until September 30,
2004.
Andean Counterdrug Initiative
For an additional amount for the ``Andean Counterdrug Initiative'',
$34,000,000, to remain available until September 30, 2004: Provided,
That of the funds appropriated under this heading that are made
available for Colombia, not less than $5,000,000 should be made
available for programs and activities to assist persons who have been
displaced as a result of armed conflict.
United States Emergency Refugee and Migration Assistance Fund
For an additional amount for ``United States Emergency Refugee and
Migration Assistance Fund'', $80,000,000, to remain available until
expended, notwithstanding section 2(c)(2) of the Migration and Refugee
Assistance Act of 1962, as amended (22 U.S.C. 2601(c)(2)).
Nonproliferation, Anti-Terrorism, Demining and Related Programs
For an additional amount for ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', $28,000,000: Provided, That funds
appropriated by this paragraph shall be available notwithstanding
section 10 of Public Law 91-672 and section 15 of the State Department
Basic Authorities Act of 1956.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Foreign Military Financing Program
For an additional amount for the ``Foreign Military Financing
Program'', $2,059,100,000: Provided, That funds appropriated by this
paragraph shall be available notwithstanding section 10 of Public Law
91-672 and section 15 of the State Department Basic Authorities Act of
1956: Provided further, That of the funds appropriated under this
heading, not less than $406,000,000 shall be made available for grants
only for Jordan and not less than $1,000,000,000 shall be available for
grants only for Israel: 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 to
by the United States and Israel, be available for advanced weapons
systems, of which not less than $263,000,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That up to
$20,000,000 of the funds appropriated by this paragraph may be
transferred to and merged with funds appropriated under the heading
``Andean Counterdrug Initiative'' for aircraft, training, and other
assistance for the Colombian Armed Forces: Provided further, That,
except for Israel and Jordan, funds appropriated under this heading
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 the commitment of funds:
Provided further, That such notification shall be in the form of a
report (in classified or unclassified form) which contains each country
receiving assistance from funds aggregated under this heading, other
than Israel and Jordan, the amount of assistance to be provided and a
description of the equipment and other assistance being financed from
such funds.
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$100,000,000, to remain available until September 30, 2004.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1501. Any appropriation made available in this chapter under
the headings ``International Disaster Assistance'', ``United States
Emergency Refugee and Migration Assistance Fund'', ``Nonproliferation,
Anti-Terrorism, Demining and Related Programs'', ``Peacekeeping
Operations'', or ``Iraq Relief and Reconstruction Fund'' may be
transferred between such appropriations for use for any of the purposes
for which the funds in such receiving account may be used: Provided,
That the total amount transferred from funds appropriated under these
headings shall not exceed $100,000,000: Provided further, That the
Secretary of State shall consult with the Committees on Appropriations
prior to exercising the authority contained in this section: Provided
further, That funds made available pursuant to the authority of this
section shall be subject to the regular notification procedures of the
Committees on Appropriations, except that notification shall be
transmitted at least 5 days in advance of the obligations of funds.
Sec. 1502. Assistance or other financing under this chapter may be
provided for Iraq notwithstanding any other provision of law: Provided,
That the authority contained in this section shall not apply to section
553 of Public Law 108-7: Provided further, That funds made available
for Iraq pursuant to this authority shall be subject to the regular
reprogramming procedures of the Committees on Appropriations and
section 634A of the Foreign Assistance Act of 1961, except that
notification shall be transmitted at least 5 days in advance of
obligation: Provided further, That the notification requirements of
this section 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 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.
Sec. 1503. The President may suspend the application of any
provision of the Iraq Sanctions Act of 1990: Provided, That nothing in
this section shall affect the applicability of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Public Law 102-484), except that such Act
shall not apply to humanitarian assistance and supplies: Provided
further, That the President may make inapplicable with respect to Iraq
section 620A of the Foreign Assistance Act of 1961 or any other
provision of law that applies to countries that have supported
terrorism: Provided further, That military equipment, as defined by
title XVI, section 1608(1)(A) of Public Law 102-484, shall not be
exported under the authority of this section: Provided further, That
section 307 of the Foreign Assistance Act of 1961 shall not apply with
respect to programs of international organizations for Iraq: Provided
further, That provisions of law that direct the United States
Government to vote against or oppose loans or other uses of funds,
including for financial or technical assistance, in international
financial institutions for Iraq shall not be construed as applying to
Iraq: Provided further, That the President shall submit a notification
5 days prior to exercising any of the authorities described in this
section to the Committee on Appropriations of each House of the
Congress, the Committee on Foreign Relations of the Senate, and the
Committee on International Relations of the House of Representatives:
Provided further, That not more than 60 days after enactment of this
Act and every 90 days thereafter the President shall submit a report to
the Committee on Appropriations of each House of the Congress, the
Committee on Foreign Relations of the Senate, and the Committee on
International Relations of the House of Representatives containing a
summary of all licenses approved for export to Iraq of any item on the
Commerce Control List contained in the Export Administration
Regulations, 15 CFR Part 774, Supplement 1, including identification of
end users of such items: Provided further, That the authorities
contained in this section shall expire on September 30, 2004, or on the
date of enactment of a subsequent Act authorizing assistance for Iraq
and that specifically amends, repeals or otherwise makes inapplicable
the authorities of this section, whichever occurs first.
Sec. 1504. Notwithstanding any other provision of law, the
President may authorize the export to Iraq of any nonlethal military
equipment controlled under the International Trafficking in Arms
Regulations on the United States Munitions List established pursuant to
section 38 of the Arms Export Control Act (22 U.S.C. 2778), if the
President determines and notifies within 5 days prior to export the
Committee on Appropriations of each House of the Congress, the
Committee on Foreign Relations of the Senate, and the Committee on
International Relations of the House of Representatives that the export
of such nonlethal military equipment is in the national interest of the
United States: Provided, That the limitation regarding nonlethal
military equipment shall not apply to military equipment designated by
the Secretary of State for use by a reconstituted (or interim) Iraqi
military or police force: Provided further, That the authorities
contained in this section shall expire on September 30, 2004, or on the
date of enactment of a subsequent Act authorizing assistance for Iraq
and that specifically amends, repeals or otherwise makes inapplicable
the authorities of this section, whichever occurs first.
Sec. 1505. Division E of Public Law 108-7, under the heading
``Assistance for the Independent States of the Former Soviet Union'',
is amended in subsection (f) by: (1) striking ``assistance for the
Government'' and inserting ``assistance for the central Government'';
and (2) striking ``unless'' and inserting ``if''; and striking ``not
facilitated'' and inserting ``facilitated''.
SEC. 1506. REPORTS ON UNITED STATES STRATEGY FOR RELIEF AND
RECONSTRUCTION IN IRAQ.
(a) Initial Report.--Not later than 45 days after the date of
enactment of this Act, the President shall submit to the Committees on
Appropriations a report on the United States strategy regarding
activities related to post-conflict security, humanitarian assistance,
governance, and reconstruction in Iraq that are undertaken as a result
of Operation Iraqi Freedom. The report shall include the following:
(1) The distribution of duties and responsibilities regarding
such activities among agencies of the United States Government,
including the Department of State, the United States Agency for
International Development, and the Department of Defense (to be
provided within 30 days of enactment of this Act).
(2) A detailed plan describing the roles and responsibilities
of foreign governments and international organizations including
the United Nations, in carrying out activities related to post-
conflict security, humanitarian assistance, governance, and
reconstruction in Iraq.
(3) A strategy for coordinating such activities among the
United States Government, foreign governments and international
organizations, including the United Nations.
(4) An initial estimate of the costs expected to be associated
with such activities.
(5) A strategy for distributing the responsibility for paying
costs associated with reconstruction activities in Iraq among the
United States, foreign governments, and international
organizations, including the United Nations, and an estimate of the
revenue expected to be generated by Iraqi oil production that could
be used to pay such costs.
(b) Subsequent Reports.--Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter until September 30,
2004, the President shall submit to the Committees on Appropriations a
report that contains:
(1) A list of significant United States Government-funded
activities related to reconstruction in Iraq that, during the 90-
day period ending 15 days prior to the date the report is submitted
to the Committees on Appropriations--
(A) were initiated; or
(B) were completed.
(2) A list of the significant activities related to
reconstruction in Iraq that the President anticipates initiating
during the 90-day period beginning on the date the report is
submitted to the Committees on Appropriations, including:
(A) Cost estimates for carrying out the proposed
activities.
(B) The source of the funds that will be used to pay such
costs.
(3) Updated strategies, if changes are proposed regarding
matters included in the reports required under subsection (a).
(4) An updated list of the financial pledges and contributions
made by foreign governments or international organizations to fund
activities related to humanitarian, governance, and reconstruction
assistance in Iraq.
CHAPTER 6
DEPARTMENT OF HOMELAND SECURITY
Departmental Management
Counterterrorism Fund
For an additional amount for the ``Counterterrorism Fund'' for
necessary expenses as determined by the Secretary of Homeland Security,
$150,000,000, to remain available until expended, to reimburse any
Department of Homeland Security organization for the costs of providing
support to prevent, counter, investigate, respond to, or prosecute
unexpected threats or acts of terrorism: Provided, That the Secretary
shall notify the Committees on Appropriations of the Senate and House
of Representatives 15 days prior to the obligation of any amount of
these funds in accordance with section 1601 of this Act.
Citizenship and Immigration Services
Operating Expenses
For necessary expenses for ``Operating Expenses'' related to
conducting Operation Liberty Shield, $3,000,000, to remain available
until expended: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and House of Representatives
15 days prior to the obligation of any amount of these funds.
United States Secret Service
Operating Expenses
For an additional amount for ``Operating Expenses'' for necessary
expenses related to conducting Operation Liberty Shield, $30,000,000,
to remain available until expended: Provided, That the Secretary shall
notify the Committees on Appropriations of the Senate and House of
Representatives 15 days prior to the obligation of any amount of these
funds.
Border and Transportation Security
Customs and Border Protection
For necessary expenses for ``Customs and Border Protection''
related to conducting Operation Liberty Shield and for other purposes,
$333,000,000, to remain available until expended: Provided, That the
Secretary shall notify the Committees on Appropriations of the Senate
and House of Representatives 15 days prior to the obligation of any
amount of these funds.
Immigration and Customs Enforcement
For necessary expenses for ``Immigration and Customs Enforcement''
related to conducting Operation Liberty Shield and for other purposes,
$170,000,000, to remain available until expended: Provided, That the
Secretary shall notify the Committees on Appropriations of the Senate
and House of Representatives 15 days prior to the obligation of any
amount of these funds.
Transportation Security Administration
For necessary expenses for ``Transportation Security
Administration'', $665,000,000, to remain available until expended:
Provided, That $130,000,000 of this amount shall not be made available
until September 30, 2003: Provided further, That of the total amount
provided, the following amounts are made available solely for the
purposes specified below:
(1) physical modification of commercial service airports for
the purposes of installing checked baggage explosive detection
systems into airport baggage systems, $235,000,000;
(2) port security grants, $20,000,000; and
(3) passenger screener hiring, training and related costs,
$280,000,000, which shall not be obligated: (a) until the President
transmits an official budget request for such amount to the
Congress; and (b) until the Administrator of the Transportation
Security Administration submits a fiscal year 2003 budget execution
plan approved by the Office of Management and Budget detailing
spending levels by budget line item, program, project and activity:
Provided, That such plan shall fully fund all programs and
activities specifically funded by Congress in Public Laws 107-206
and 108-7:
Provided further, That the Secretary shall notify the Committees on
Appropriations of the Senate and House of Representatives 15 days prior
to the obligation of any amount of these funds.
Federal Law Enforcement Training Center Operating Expenses
For an additional amount for ``Operating Expenses'' related to
conducting Operation Liberty Shield, $2,000,000, to remain available
until expended: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and House of Representatives
15 days prior to the obligation of any amount of these funds.
Office for Domestic Preparedness
For an additional amount for the ``Office for Domestic
Preparedness'', $2,230,000,000, to remain available until December 31,
2003, as authorized by sections 403(5) and 430 of the Homeland Security
Act of 2002 (Public Law 107-296) and section 1014 of the USA PATRIOT
Act of 2001 (Public Law 107-56), for grants, contracts, cooperative
agreements, and other activities, including grants to State and local
governments for terrorism prevention activities, which shall be
allocated as follows:
(1) $1,300,000,000 for grants pursuant to section 1014 of
Public Law 107-56: Provided, That the application for grants shall
be made available to States within 15 days of enactment of this
Act; that States shall submit applications within 30 days of the
grant announcement; that the Office for Domestic Preparedness shall
act on each application within 15 days of receipt; and that each
State shall transfer no less than 80 percent of the total amount of
the grant to local governments within 45 days of the grant award;
(2) $30,000,000 for technical assistance;
(3) $200,000,000 for formula-based grants for critical
infrastructure protection, subject to section 1014(c)(3) of Public
Law 107-56: Provided, That the application for these grants shall
be made available to States within 15 days of enactment of this
Act; that States shall submit applications within 30 days of the
grant announcement; that the Office for Domestic Preparedness shall
act on each application within 15 days of receipt; and that each
State shall transfer no less than 50 percent of the total amount of
the grant to local governments within 45 days of the grant award;
and
(4) $700,000,000 for discretionary grants for use in high-
density urban areas, high-threat areas, and for protection of
critical infrastructure, as determined by the Secretary of Homeland
Security: Provided, That no less than 80 percent of any grant to a
State shall be transferred by the State to local governments within
45 days of the receipt of funds: Provided further, That section
1014(c)(3) of Public Law 107-56 shall not apply to these grants:
Provided, That none of the funds appropriated under this heading shall
be used for the construction or renovation of facilities: Provided
further, That funds appropriated in subsections (3) and (4) under this
heading shall be available for operational costs, to include personnel
overtime as needed: Provided further, That the Secretary of Homeland
Security shall notify the Committees on Appropriations of the Senate
and House of Representatives 15 days prior to the obligation of any
amount of the funds provided under this heading.
United States Coast Guard
Operating Expenses
For an additional amount for ``Operating Expenses'' for expenses
related to conducting Operation Liberty Shield and for other purposes,
$228,000,000, to remain available until expended: Provided, That the
Secretary shall notify the Committees on Appropriations of the Senate
and House of Representatives 15 days prior to the obligation of any
amount of these funds.
Emergency Preparedness and Response
Operating Expenses
For necessary expenses for ``Operating Expenses'' related to
conducting Operation Liberty Shield, $45,000,000, to remain available
until expended: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and House of Representatives
15 days prior to the obligation of any amount of these funds.
Emergency Management Planning and Assistance
For an additional amount for ``Emergency Management Planning and
Assistance'', $54,750,000, for grants for interoperable communications
equipment: Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and House of Representatives 15 days prior
to the obligation of any amount of these funds.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1601. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies in or transferred to
the Department of Homeland Security 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 a new program; (2) eliminates a program, project, or
activity; (3) increases funds for any program, project, or activity for
which funds have been denied or restricted by Congress; or (4) proposes
to use funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose, 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 in or transferred to the Department
of Homeland Security 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 programs, projects, or activities through
a reprogramming of funds in excess of $5,000,000 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,
projects or activities, 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.
Sec. 1602. (a) The Under Secretary of Homeland Security for Border
and Transportation Security may issue letters of intent to airports to
provide assistance for the installation of explosive detection systems
by the date prescribed by section 44901(d)(2)(i) of title 49, United
States Code.
(b) Beginning 30 days after the date of enactment of this Act, and
every 60 days thereafter in calendar year 2003, the Under Secretary
shall transmit a classified report to the House of Representatives
Committee on Appropriations, the Senate Committee on Appropriations,
the House of Representatives Committee on Transportation and
Infrastructure, and the Senate Committee on Commerce, Science, and
Transportation describing each letter of intent issued by the Under
Secretary under subsection (a).
Sec. 1603. In accordance with section 873(b) of the Homeland
Security Act of 2002 (6 U.S.C. 453(b)), the Bureau of Customs and
Border Protection may accept donations of body armor for United States
Border Patrol agents and United States Border Patrol canines if such
donations would further the mission of protecting our Nation's borders
and ports of entry as determined by the Under Secretary for Border and
Transportation Security.
CHAPTER 7
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Disease Control, Research, and Training
For an additional amount for ``Centers for Disease Control and
Prevention, Disease Control, Research, and Training'', $16,000,000 for
costs associated with the prevention and control of Severe Acute
Respiratory Syndrome (SARS).
Office of the Secretary
Public Health and Social Services Emergency Fund
For an additional amount for ``Public Health and Social Services
Emergency Fund'', for the Centers for Disease Control and Prevention,
$100,000,000, to remain available until expended.
For an additional amount for the ``Public Health and Social
Services Emergency Fund'', $42,000,000, to remain available until
expended, for costs associated with compensating individuals with
injuries resulting from smallpox vaccinations and countermeasures:
Provided, That such funds shall become available only upon the
enactment of legislation authorizing a smallpox vaccination
compensation program.
General Provision
REPATRIATION
Sec. 1701. Section 1113(d) of the Social Security Act (42 U.S.C.
1313(d)), is amended by striking ``1991'' and inserting ``2003''.
CHAPTER 8
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For an additional amount for salaries and expenses of the House of
Representatives, $11,000,000, as follows:
Committee Employees
Standing Committees, Special and Select
For an additional amount for salaries and expenses of standing
committees, special and select, authorized by House resolutions,
$11,000,000: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2004.
CAPITOL POLICE
General Expenses
For an additional amount for ``General expenses'', $37,758,000, to
remain available until expended.
OFFICE OF COMPLIANCE
Salaries and Expenses
For an additional amount for ``Salaries and expenses'', $111,000.
ARCHITECT OF THE CAPITOL
Capitol Building
For an additional amount for ``Capitol building'', $1,100,000.
Capitol Power Plant
For an additional amount for ``Capitol power plant'', $22,679,000,
which shall remain available until September 30, 2007.
Capitol Police Buildings and Grounds
For an additional amount for ``Capitol police buildings and
grounds'', $40,140,000, to remain available until September 30, 2007.
LIBRARY OF CONGRESS
Salaries and Expenses
For an additional amount for ``Salaries and expenses'', $5,500,000
to remain available until September 30, 2007.
Congressional Research Service
Salaries and Expenses
For an additional amount for ``Salaries and expenses'', $1,863,000,
to remain available until September 30, 2004.
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and expenses'', $4,849,000.
GENERAL PROVISONS, THIS CHAPTER
Sec. 1801. Postal Patron Postcards. The matter under the subheading
``miscellaneous items'' under the heading ``Contingent Expenses of the
Senate'' under title I of the Legislative Branch Appropriations Act,
2003 (Public Law 108-7) is amended by striking ``with a population of
less than 250,000''.
CHAPTER 9
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Navy
For an additional amount for ``Military Construction, Navy'',
$48,100,000, to remain available until September 30, 2007: Provided,
That notwithstanding any other provision of law, such funds may be
obligated or expended to carry out military construction projects not
otherwise authorized by law.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$152,900,000, to remain available until September 30, 2007: Provided,
That notwithstanding any other provision of law, such funds may be
obligated or expended to carry out planning and design and military
construction projects not otherwise authorized by law.
Family Housing Operation and Maintenance, Air Force
For an additional amount for ``Family Housing Operation and
Maintenance, Air Force'', $1,800,000.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1901. (a) Transfer Authority.--Subject to subsection (b), the
Secretary of Defense may transfer not more than $150,000,000 of the
funds appropriated or otherwise made available to the Department of
Defense in this Act to the contingency construction account, authorized
under section 2804 of title 10, United States Code, for the purpose of
carrying out military construction projects not otherwise authorized by
law. The transfer authority under this section is in addition to any
other transfer authority available to the Department of Defense.
(b) Conditions on Transfer.--A transfer of funds under subsection
(a) may not be made until the end of the 7-day period beginning on the
date the Secretary of Defense submits written notice to the appropriate
committees of Congress certifying that the transfer is necessary to
respond to, or protect against, acts or threatened acts of terrorism or
to support Department of Defense operations in Iraq, and specifying the
amounts and purposes of the transfer, including a list of proposed
projects and their estimated costs.
(c) Notice of Obligations.--Notwithstanding section 2804(b) of
title 10, United States Code, when a decision is made to carry out a
military construction project using funds transferred to the
contingency construction account under subsection (a), the Secretary of
Defense shall submit written notice to the appropriate committees of
Congress no later than 15 days after the obligation of the funds for
the project, specifying the estimated cost of the project and including
form 1391.
(d) Definitions.--For purposes of this section, the terms
``appropriate committees of Congress'', ``military construction'', and
``military installation'' have the meanings given such terms in section
2801 of title 10, United States Code, except that, with respect to
military construction in a foreign country, the term ``military
installation'' includes, not only buildings, structures, and other
improvements to real property under the operational control of the
Secretary of a military department or the Secretary of Defense, but
also any building, structure, or other improvement to real property to
be used by the Armed Forces, regardless of whether such use is
anticipated to be temporary or of longer duration.
Sec. 1902. (a) The Secretary of the Army may accept funds from the
State of Utah, and credit them to the appropriate Department of the
Army accounts for the purpose of funding the costs associated with
extending the runway at Michael Army Airfield, Dugway Proving Ground,
Utah, as part of a previously authorized military construction project.
(b) The Secretary may use the funds accepted for the refurbishment,
in addition to funds authorized and appropriated for the project. The
authority to accept a contribution under this section does not
authorize the Secretary of the Army to reduce expenditures of amounts
appropriated for the refurbishment project. The funds accepted shall
remain available until expended.
(c) The authority provided in this section shall be effective upon
the date of the enactment of this Act.
CHAPTER 10
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized, $25,000,000, to
remain available until September 30, 2005: 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 none of the funds under this heading may be
obligated or expended until the Department of Transportation Inspector
General certifies to the House and Senate Committees on Appropriations
that the recommendations of report CR-2003-031 have been implemented to
his satisfaction.
TITLE II--MISCELLANEOUS AND TECHNICAL APPROPRIATIONS
CHAPTER 1
Subcommittee on Agriculture, Rural Development, and Related Agencies
GENERAL PROVISIONS
Sec. 2101. (a) Section 756 in division A of Public Law 108-7 is
amended by striking ``section 7404'' and inserting in lieu thereof
``sections 7404(a)(1) and 7404(c)(1)''.
(b) Section 7404(e) of Public Law 107-171 is amended by striking
``0.1 percent of the amount of appropriations available to the
Agricultural Research Service'' and inserting in lieu thereof
``$499,000 of the amount of appropriations available to the Department
of Agriculture''.
Sec. 2102. Section 210 of the Agricultural Assistance Act of 2003,
``Assistance to Agricultural Producers Located in New Mexico for
Tebuthiuron Application Losses'', is amended in subsection (a)--
(1) by inserting ``all'' before ``losses'';
(2) by inserting after ``losses'' the following: ``to crops,
livestock, and trees, and interest and loss of income, and related
expenses'';
(3) by striking ``during calendar years 2002 and 2003''; and
(4) by striking ``August'' and inserting in lieu thereof
``July''.
Sec. 2103. Livestock Compensation Program. Section 203(a) of the
Agricultural Assistance Act of 2003 (title II of division N of Public
Law 108-7) is amended by adding at the end the following:
``(3) Grants.--
``(A) In general.--To provide assistance to eligible
applicants under paragraph (2)(B), the Secretary shall provide
grants to appropriate State departments of agriculture (or
other appropriate State agencies) that agree to provide
assistance to eligible applicants.
``(B) Amount.--The total amount of grants provided under
subparagraph (A) shall be equal to the total amount of
assistance that the Secretary determines all eligible
applicants are eligible to receive under paragraph (2)(B).''.
Sec. 2104. Use of Organically Produced Feed for Certification as
Organic Farm. Section 771 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 2003
(division A of Public Law 108-7) is repealed.
Sec. 2105. Wild Seafood. Section 2107 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6503) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Wild Seafood.--
``(1) In general.--Notwithstanding the requirement of section
2107(a)(1)(A) requiring products be produced only on certified
organic farms, the Secretary shall allow, through regulations
promulgated after public notice and opportunity for comment, wild
seafood to be certified or labeled as organic.
``(2) Consultation and accommodation.--In carrying out
paragraph (1), the Secretary shall--
``(A) consult with--
``(i) the Secretary of Commerce;
``(ii) the National Organic Standards Board established
under section 2119;
``(iii) producers, processors, and sellers; and
``(iv) other interested members of the public; and
``(B) to the maximum extent practicable, accommodate the
unique characteristics of the industries in the United States
that harvest and process wild seafood.''.
Sec. 2106. Technical Assistance for Conservation Programs. (a) In
General.--Section 1241 of the Food Security Act of 1985 (16 U.S.C.
3841) is amended by striking subsection (b) and inserting the
following:
``(b) Technical Assistance.--
``(1) In general.--Effective beginning on the date of enactment
of the Agricultural Assistance Act of 2003, subject to paragraph
(2), 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) Conservation security program.--Effective for fiscal year
2004 and subsequent fiscal years, Commodity Credit Corporation
funds made available to carry out the conservation security program
under subsection (a)(3)--
``(A) shall be available for the provision of technical
assistance for the conservation security program; and
``(B) shall not be available for the provision of technical
assistance for conservation programs specified in subsection
(a) other than the conservation security program.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on February 20, 2003.
CHAPTER 2
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
RELATED AGENCIES
Office of the United States Trade Representative
european communities music licensing dispute
For the payment to the European Communities with regard to the
European Communities music licensing dispute, $3,300,000.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for satellite programs, $65,000,000, to remain available
until September 30, 2004: Provided, That funds provided under this
heading for the National Polar-orbiting Operational Environmental
Satellite System shall only be made available on a dollar for dollar
matching basis with funds provided for the same purpose by the
Department of Defense.
RELATED AGENCIES
Equal Employment Opportunity Commission
Salaries and Expenses
For an additional amount for ``Equal Employment Opportunity
Commission, Salaries and Expenses'', $15,000,000.
National Commission on Terrorist Attacks Upon the United States
salaries and expenses
For an additional amount for ``National Commission on Terrorist
Attacks Upon the United States, Salaries and Expenses'', $11,000,000,
to remain available until September 30, 2004.
GENERAL PROVISION, THIS CHAPTER
Sec. 2201. Section 501(b) of title V of division N of the
Consolidated Appropriations Resolution, 2003 is amended--
(1) by striking ``program authorized for the fishery in Sec.
211'' and inserting ``programs authorized for the fisheries in
sections 211 and 212''; and
(2) by striking ``program in section 211'' and inserting
``programs in sections 211 and 212''.
CHAPTER 3
Subcommittee on District of Columbia
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
DIVISION OF EXPENSES
Governmental Direction and Support
(including rescissions)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003, $8,752,000 are rescinded (including
$8,655,000 from local funds and $97,000 from other funds).
Economic Development and Regulation
(including rescission)
For an additional amount for ``Economic Development and
Regulation'', $13,428,000 (including a rescission of $1,282,000 from
local funds appropriated under this heading in the District of Columbia
Appropriations Act, 2003, and an additional amount of $14,710,000 from
other funds).
Public Safety and Justice
For an additional amount for ``Public Safety and Justice'',
$11,462,000 from local funds.
Public Education System
(including rescissions)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003, $11,435,000 are rescinded (including
a rescission of $13,546,000 from local funds and an additional amount
of $2,111,000 from other funds), to be allocated as follows:
(1) District of columbia public schools.--An increase of
$2,029,000 (including a rescission of $29,000 from local funds and
an additional amount of $2,058,000 from other funds).
(2) State education office.--A rescission of $181,000 from
local funds.
(3) Public charter schools.--Notwithstanding any other
provision of law, a rescission of $12,000,000 from local funds.
(4) University of the district of columbia.--A rescission of
$1,040,000 from local funds.
(5) District of columbia public libraries.--A rescission of
$237,000 (including a rescission of $290,000 from local funds and
an additional amount of $53,000 from other funds).
(6) Commission on the arts and humanities.--A rescission of
$6,000 from local funds.
Human Support Services
(including rescission)
For an additional amount for ``Human Support Services'',
$30,258,000 (including an additional amount of $34,292,000 from local
funds and a rescission of $4,034,000 from other funds appropriated
under this heading in the District of Columbia Appropriations Act,
2003.
In addition, this heading in the District of Columbia
Appropriations Act, 2003, is amended by striking the following proviso
``: 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.'' and inserting the following proviso
``: Provided further, That $74,500,000 in local funds may be deposited
in the Medicaid and Special Education Reform Fund and shall then remain
available until expended.''.
Public Works
(including rescission)
For an additional amount for ``Public Works'', $2,420,000
(including a rescission of $8,998,000 from local funds appropriated
under this heading in the District of Columbia Appropriations Act,
2003, and an additional amount of $11,418,000 from other funds):
Provided, That $512,000 from other funds shall remain available until
expended for the taxicab revolving loan fund.
Repayment of Loans and Interest
(including rescission)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003, $2,466,000 are rescinded.
Wilson Building
(including rescission)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003, $700,000 are rescinded.
Workforce Investments
(including rescission)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003, $2,000,000 are rescinded.
Non-Departmental Agency
(including rescission)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003, $5,799,000 are rescinded.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 2301. The District of Columbia is hereby authorized to
transfer an amount not to exceed $12,081,000, to remain available until
expended, from funds identified in the fiscal year 2002 comprehensive
annual financial report as the District of Columbia's undesignated,
unreserved fund balance to the local general fund to cover revenue
shortfalls: Provided, That nothing in this provision shall be deemed as
granting the District additional authority to expend funds from the
emergency or contingency reserves established under section 450A of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.50a(b)).
Sec. 2302. The authority which the Chief Financial Officer of the
District of Columbia exercised with respect to personnel, procurement,
and the preparation of fiscal impact statements during a control period
(as defined in Public Law 104-8) shall remain in effect through
September 30, 2004.
Sec. 2303. In the statement of the managers of the committee of
conference accompanying H.J. Res. 2 (Public Law 108-7; House Report
108-10), in the matter in title I of division C, under the heading
``Federal Payment to the Chief Financial Officer of the District of
Columbia'' the provision specifying $100,000 to Friends of Fort Dupont
to restore and upgrade unused Fort Dupont baseball fields shall be
deemed to read as follows: ``$100,000 to Friends of Fort Dupont to
restore and upgrade unused Fort Dupont baseball fields and to support
the Fort Dupont's Kids on Ice program''.
CHAPTER 4
Subcommittee on Interior and Related Agencies
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
state and tribal wildlife grants
Division F of Public Law 108-7 is hereby amended under the heading
``United States Fish and Wildlife Service, State and Tribal Wildlife
Grants'' by striking ``$3,000,000'' and inserting ``$5,000,000''.
National Park Service
operation of the national park system
Division F of Public Law 108-7 is hereby amended under the heading
``National Park Service, Operation of the National Park System'' by
striking ``$1,565,565,000'' and inserting ``$1,574,565,000''.
Bureau of Indian Affairs
construction
Within 30 days of enactment of this Act, the Secretary of the
Interior shall make available for obligation funds previously
appropriated in Public Law 107-63 for construction of the Ojibwa Indian
School.
GENERAL PROVISION, THIS CHAPTER
Sec. 2401. Section 328 of division F, Public Law 108-7 is amended
by striking the phrase ``under the authority of Section 504 of the
Rescissions Act of 1995 (Public Law 104-19)'' in the proviso.
CHAPTER 5
Subcommittee on Labor, Health and Human Services, and Education, and
Related Agencies
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Health Resources and Services
The matter under the heading ``Department of Health and Human
Services, Health Resources and Services Administration, Health
Resources and Services'', in Public Law 108-7 is amended--
(1) by striking ``Heart Beat, New Bloomfield, PA,'' and
inserting ``Heart Beat, Millerstown, PA,'' in lieu thereof;
(2) by striking ``Tressler Lutheran Services, Harrisburg, PA,
for abstinence education and related services'' and inserting
``DIAKON Lutheran Social Ministries, Allentown, PA, for abstinence
education and related services in Cumberland and Dauphin counties''
in lieu thereof;
(3) by striking ``Community Ministries of the Lutheran Home at
Topton, Reading, PA, for abstinence education and related
services'' and inserting ``DIAKON Lutheran Social Ministries of
Allentown, PA, for abstinence education and related services in
Berks county'' in lieu thereof;
(4) by striking ``$298,153,000'' and inserting ``$296,638,000''
in the first proviso; and
(5) by inserting after ``a study regarding delivery of
pediatric health care in northeastern Oklahoma,'' the following:
``$225,000 is available for the Mental Health Association of
Tarrant County, Ft. Worth, Texas, to provide school-based mental
health education to schools in Tarrant County, $200,000 is
available for the AIDS Research Institute at the University of
California, San Francisco for a Developing Country Medical Program
to facilitate clinician exchange between the United States and
developing countries, $1,000,000 is available for the Geisinger
Health System, Harrisburg, PA, to establish centers of excellence
for the treatment of autism''.
Office of the Secretary
Public Health and Social Services Emergency Fund
The matter under the heading ``Office of the Secretary, Public
Health and Social Services Emergency Fund'', in Public Law 108-7 is
amended by striking ``, to remain available until expended'' after
``$5,000,000''.
GENERAL PROVISIONS
(transfer authority)
Sec. 2501. Section 207 of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2003 (Public Law 108-7; division G) is amended by striking ``or any
other''.
international health activities
Sec. 2502. (a) In addition to the authority provided in section 215
of the Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 2003 (Public Law 108-7,
division G), 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 may exercise authority
equivalent to that available to the Secretary of State in section 2(c)
of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2669(c)).
(b) The Secretary of Health and Human Services shall consult with
the Secretary of State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a manner consistent
with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)
and other applicable statutes administered by the Department of State.
DEPARTMENT OF EDUCATION
School Improvement Programs
The matter under the heading ``Department of Education, School
Improvement Programs'', in Public Law 108-7 is amended--
(1) by striking ``$8,052,957,000'' and inserting
``$8,053,507,000'';
(2) by striking ``$508,100,000'' and inserting
``$537,100,000'';
(3) by striking ``$4,132,167,000'' and inserting
``$4,233,167,000'';
(4) by striking ``$814,660,000'' and inserting
``$815,210,000''; and
(5) by striking ``$212,160,000'' and inserting
``$212,710,000''.
In the statement of the managers of the committee of conference
accompanying H.J. Res. 2 (Public Law 108-7; House Report 108-10), in
the matter in title III of division G, relating to the Fund for the
Improvement of Education under the heading ``School Improvement
Programs''--
(1) the provision specifying $150,000 for 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 shall be deemed to read as follows:
``Illinois State Board of Education, Springfield, Illinois, for
implementation of Fast ForWord reading program to the Pleasant
Plains Community Unit District #8 and for improving mathematics
achievement in Peoria School District #150 and Jacksonville School
District #117, $150,000'';
(2) the provision specifying $2,000,000 for Pinellas County
Florida School District, St. Petersburg, Florida, for technology
for Title I schools shall be deemed to read as follows: ``St.
Petersburg College, St. Petersburg, Florida, for the Pinellas
County EpiCenter, $2,000,000'';
(3) the provision specifying $500,000 for the St. Louis
Children's Museum, MO, for a collaborative project with the St.
Louis Public Library to create interactive exhibits and educational
programs shall be deleted;
(4) the provision specifying $200,000 for the Harford County
Board of Education in Aberdeen, MD, for a collaboration between a
science and technology high school and the Aberdeen Proving Ground
shall be deemed to read as follows: ``Harford County Board of
Education in Aberdeen, MD, for a collaboration between a science
and technology high school and the Aberdeen Proving Ground,
$700,000'';
(5) the provision specifying $25,000 for the Boys and Girls
Club of El Dorado, Arkansas, for drug prevention and after school
programs shall be deemed to read as follows: ``Boys and Girls Club,
Southeast Unit, El Dorado, Arkansas, for drug prevention and after
school programs, $25,000'';
(6) the provision specifying $100,000 for the American Academy
of Liberal Education, Washington, D.C., to develop projects and
survey best practices in the study of American democracy and
principles of free government at colleges and universities shall be
deleted;
(7) the provision specifying $400,000 for the Milwaukee Public
Schools, Wisconsin, to expand before- and after-school programs
shall be deemed to read: ``Milwaukee Public Schools, WI, for
before- and after-school programs, $400,000'';
(8) the provision specifying $200,000 for Tensas Reunion, Inc.,
Newellton, LA, for instructional technology training, and after
school programs at the Tensas Charter School shall be deemed to
read: ``Tensas Reunion, Inc., Newellton, LA, for the TREES Project
in Tensas Parish, including activities such as the purchase of
computers and educational software, tutoring, and workshops to
promote parental involvement, $200,000'';
(9) the provision specifying $250,000 for Community School
District 8, Flushing, NY, for after-school programs shall be deemed
to read: ``Community School District 8, Bronx, NY, for after-school
programs, $250,000'';
(10) the provision specifying $20,000 for Westside High School,
Bakersfield, California, for equipment shall be deemed to read:
``West High School, Bakersfield, California, for equipment,
$20,000'';
(11) the provision specifying $1,000,000 for the National
Science Center Foundation, Atlanta, Georgia, for educational
technology and other purposes shall be deemed to read: ``National
Science Center Foundation, Augusta, Georgia, for educational
technology and other purposes, $1,000,000'';
(12) the provision specifying $200,000 for the Golden Gate
National Parks Association, San Francisco, CA, for environmental
education programs at the Crissy Field Center shall be deemed to
read: ``Golden Gate National Parks Conservancy, San Francisco, CA,
for environmental education programs at the Crissy Field Center,
$200,000'' and a provision shall be added that reads: ``Beresford
Community Education in Beresford, SD, to expand community education
programs, $150,000'';
(13) the provision specifying $100,000 for the University of
South Florida, Tampa, FL, for the Tampa Bay Consortium for the
Development of Educational Leaders and the Preparation and
Recruitment of Teachers shall be deemed to read: ``University of
South Florida, Tampa, FL, for the Tampa Bay Consortium for the
Development of Educational Leaders, $100,000'';
(14) the provision specifying $25,000 for the Meredith-Dunn
Learning Disabilities Center, Inc., Louisville, Kentucky, for
technology shall be deemed to read as follows: ``Meredith-Dunn
Learning Disabilities Center, Inc., Louisville, Kentucky, for
school counseling services, $25,000'';
(15) the provision specifying $40,000 for the Father Maloney's
Boys Haven, Louisville, Kentucky, for technology shall be deemed to
read as follows: ``Father Maloney's Boys Haven, Louisville,
Kentucky, for an educational program, $40,000'';
(16) the provision specifying $50,000 for the Joel II
Restoration Ministries for education programs shall be deemed to
read as follows: ``Joel II Restoration Outreach, Inc., for
education programs, $50,000''; and
(17) the provision specifying $1,500,000 for the City of
Upland, California, for after school programs shall be deemed to
read as follows: ``YMCA of the City of Upland, California, for
after-school activities, $1,500,000''.
higher education
The matter under the heading ``Higher Education'', in Public Law
108-7 is amended--
(1) by striking ``$2,100,701,000'' and inserting
``$2,100,151,000''; and
(2) by striking ``$140,599,000'' and inserting
``$140,049,000''.
In the statement of the managers of the committee of conference
accompanying H.J. Res. 2 (Public Law 108-7; House Report 108-10), in
the matter in title III of division G, relating to the Fund for the
Improvement of Postsecondary Education under the heading ``Higher
Education''--
(1) the second reference to the provision specifying $1,000,000
for the University of Massachusetts-Boston to purchase research
equipment and technology infrastructure shall be deleted;
(2) the provision specifying $500,000 for Harford County Public
Schools, Bel Air, MD, for support of a math and science magnet
school program at Aberdeen High School shall be deleted and a
provision shall be added that reads: ``American Academy of Liberal
Education, Washington, D.C., to develop projects and survey best
practices in the study of American democracy and principles of free
government at colleges and universities, $100,000'';
(3) the provision specifying $100,000 for 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
shall be deemed to read as follows: ``Regional Learning Alliance,
Marshall Township in Allegheny County, PA, as part of an initiative
to provide life-long educational services to Pittsburgh's regional
industry and community residents, $200,000'';
(4) the provision specifying $150,000 for Beresford Community
Education in Beresford, SD, to expand community education programs
shall be deleted;
(5) the provision specifying $100,000 for Slippery Rock
University, Slippery Rock, Pennsylvania, for the North Hill
Educational Alliance shall be deleted;
(6) the provision specifying $400,000 for the University of
Southern Maine, Portland, Maine, for telecommunications and
technology upgrades to support science, engineering and advanced
technology programs shall be deleted and the provision specifying
$600,000 for the University of Maine, School of Applied Science,
Engineering & Technology for purchase of equipment and technology
shall be deemed to read as follows: ``University of Southern Maine,
School of Applied Science, Engineering & Technology for purchase of
equipment and technology, $1,000,000''; and
(7) the provision specifying $250,000 to the National Aviary
Conservation Education Technology Integration in Pittsburgh shall
be deemed to read as follows: ``National Aviary Conservation
Education Technology Integration in Pittsburgh, for the Remote
Audio-Visual Engagement Network (RAVEN) project, $250,000''.
General Provisions
Sec. 2503. Section 1707(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6537(3)) is amended by striking ``17''
and inserting ``19''.
Sec. 2504. Section 7304(a)(2)(P) of the Elementary and Secondary
Education Act of 1965 is amended by striking ``such as'' and inserting
in lieu thereof ``operated by''.
RELATED AGENCIES
Corporation for National and Community Service
Domestic Volunteer Service Programs, Operating Expenses
The matter under the heading ``Corporation for National and
Community Service, Domestic Volunteer Service Programs, Operating
Expenses'', in Public Law 108-7 is amended by inserting after ``in this
Act'' the following: ``for activities authorized by section 122 of part
C of title I and part E of title II of the Domestic Volunteer Service
Act of 1973''.
CHAPTER 6
Subcommittee on Legislative Branch
ARCHITECT OF THE CAPITOL
Sec. 2601. (a) The third sentence of section 1203(a) of the
Legislative Branch Appropriations Act, 2003 (Public Law 108-7, division
H) is amended by striking ``not later than 90 days'' and inserting
``not later than 180 days''.
(b) The amendment made by subsection (a) shall take effect as if
included in the enactment of the Legislative Branch Appropriations Act,
2003.
Sec. 2602. Notwithstanding any other provision of law, the
Architect of the Capitol may obligate and expend such amounts from the
Capitol Preservation Fund established under section 803 of the Arizona-
Idaho Conservation Act of 1988 (2 U.S.C. 2083, formerly 40 U.S.C. 188a-
2) as approved by the Capitol Preservation Commission established under
section 801 of such Act (2 U.S.C. 2081, formerly 40 U.S.C. 188a) for
the purposes of planning, engineering, design or construction of the
Capitol Visitor Center.
LIBRARY OF CONGRESS
Sec. 2603. The Legislative Branch Appropriations Act, 2003 (Public
Law 108-7, division H) is amended in the item relating to ``Library of
Congress--Salaries and Expenses'' by striking the period at the end and
inserting the following: ``: Provided further, That of the amount
transferred under this heading to the educational consortium formed to
conduct the `Joining Hands Across America: Local Community Initiative',
not more than $500,000 may be used for a math and science education
pilot project.''.
Sec. 2604. The Legislative Branch Appropriations Act, 2003 (Public
Law 108-7, division H) is amended in the item relating to ``Library of
Congress--Salaries and Expenses'' by striking ``North Carolina'' and
inserting the following: ``North Carolina, and for developing a high-
capacity computer facility to serve that region''.
CHAPTER 7
Subcommittee on Transportation, Treasury and General Government
GENERAL PROVISIONS, THIS CHAPTER
Sec. 2701. Section 336 of division I of Public Law 108-7 is amended
by striking ``Transportation Management'' and inserting in lieu thereof
``Urbanized''.
Sec. 2702. Section 321 of division I of Public Law 108-7 is amended
by--
(1) inserting ``or underneath'' in subsection (q)(2) before
``the Class B airspace'';
(2) striking ``has sufficient capacity and'' in subsection
(q)(3) after ``Title 49''; and
(3) inserting ``passenger'' in subsection (q)(3) before
``delays''.
Sec. 2703. Amounts made available to carry out sections 1212(k) and
5117(b)(6) of 112 Stat. 107 et seq. shall be used to carry out item
number 1278 of the table contained in section 1602 of such Act (112
Stat. 263).
Sec. 2704. It is the sense of the Senate that--
(1) the asset acquisition of Trans World Airlines by American
Airlines was a positive action that should be commended;
(2) although the acquisition was a positive action, the
combination of the two airlines has resulted in a difficult
seniority integration for the majority of the employee groups
involved;
(3) airline layoffs from American Airlines should be conducted
in a manner that maintains the maximum level of fairness and
equitable treatment for all parties involved; and
(4) American Airlines should encourage its employee groups to
integrate all employees in a manner that is fair and equitable for
all parties involved.
Sec. 2705. No provision of this Act may be construed as altering or
amending the force or effect of any of the following provisions of law
as currently applied:
(1) Sections 2631 and 2631a of title 10, United States Code.
(2) Sections 901(b) and 901b of the Merchant Marine Act, 1936
(46 U.S.C. App. 1241(b), 1241f).
(3) Public Resolution Numbered 17, Seventy-third Congress (48
Stat. 500).
(4) Any other similar provision of law requiring the use of
privately owned United States flag commercial vessels for certain
transportation purposes of the United States.
Sec. 2706. (a) Notwithstanding any other provision of law, projects
and activities designated on pages 1267 through 1278 of the Joint
Explanatory Statement of the Committee of Conference for Public Law
108-7 shall be eligible for fiscal year 2003 funds made available from
the program for which each project or activity is so designated and
projects and activities on pages 1305 through 1307 shall be awarded
those grants upon receipt of an application.
(b) Public Law 108-7 is amended in the first paragraph under the
heading ``Federal Highway Administration Limitation on Administrative
Expenses'' by striking ``$269,700,000'' and inserting ``$299,745,000''.
Sec. 2707. Notwithstanding any other provision of law, funds made
available under the heading ``Federal Transit Administration Formula
Grants'' for fiscal year 2003 shall be available to finance the
operating cost of equipment and facilities for use in public
transportation in an urbanized area with a population of at least
200,000 as determined under the 2000 Federal decennial census of
population for a portion of the area that was not designated as an
urbanized area as determined under the 1990 Federal decennial census of
population if that portion of the area received assistance under
section 5311 of title 49, United States Code.
Sec. 2708. Section 41743(c)(4) of title 49, United States Code, is
amended by inserting before the period at the end the following: ``in
each year for which funds are appropriated for the program''.
Sec. 2709. Section 626 of title VI of division B of Public Law 108-
7 is amended by striking ``previously''.
Sec. 2710. None of the funds in this Act or any other Act may be
obligated or expended to pay for transportation described in section
41106 of title 49, United States Code, to be performed by any air
carrier that is not effectively controlled by citizens of the United
States: Provided, That for purposes of implementing section 41106, an
air carrier shall not be considered to be effectively controlled by
citizens of the United States if the air carrier receives 50 percent or
more of its operating revenue over the most recent 3-year period from a
person not a citizen of the United States and such person, directly or
indirectly, either owns a voting interest in the air carrier or is
owned by an agency or instrumentality of a foreign state: Provided
further, That this prohibition applies to transportation performed
under any contract awarded or re-awarded after the date of enactment of
this Act: Provided further, That when the Secretary of Defense decides
that no air carrier holding a certificate under section 41102 is
capable of providing, and willing to provide, such transportation, the
Secretary of Defense may make a contract to provide the transportation
with an air carrier not having a certificate: Provided further, That
the Secretary of Transportation is directed to use an Administrative
Law Judge in a formal proceeding to resolve docket number OST-2002-
13089.
CHAPTER 8
Subcommittee on Veterans Affairs and Housing and Urban Development and
Independent Agencies
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
General Operating Expenses
(Including Transfer of Funds)
For an additional amount for costs associated with processing
claims of veterans who may have incurred injuries with service in the
Persian Gulf War combat arena, $100,000,000, to remain available until
expended: Provided, That the Secretary may transfer such sums as may be
necessary to ``Veterans Health Administration, Medical Care'' to
provide health care services as authorized by 38 U.S.C. 1710(e)(1)(D)
subject to a determination by the Secretary of Veterans Affairs that
such additional funds are necessary: Provided further, That the
Secretary shall notify the Committees on Appropriations at least 15
days prior to the transfer or allocation of any funds provided under
this paragraph.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
Community Development Fund
The referenced statement of managers under the heading ``Community
development fund'' in title II of Public Law 108-7 under grant No. 26
under the Neighborhoods Initiative program is amended by striking
``Glendale, Montana'' and inserting in lieu thereof ``Glendive,
Montana''.
The referenced statement of managers under the heading ``Community
development fund'' in title II of Public Law 106-377 is amended by
striking ``$200,000 for Light of Life Ministries in Allegheny County,
Pennsylvania for infrastructure improvements at the Serenity Village
homeless programs'' and inserting in lieu thereof ``$200,000 for Light
of Life Ministries in Allegheny County, Pennsylvania, for renovation
and infrastructure improvements for a homeless service center on Penn
Avenue in Pittsburgh''.
The referenced statement of managers under the heading ``Community
development fund'' in title II of Public Law 108-7 under grant No. 201
under the Economic Development Initiatives program is amended by
striking ``the Clearwater Economic Development Association in
Clearwater, Idaho'' and inserting in lieu thereof ``the State of
Idaho''.
The referenced statement of managers under the heading ``Community
development fund'' in title II of Public Law 108-7 under grant No. 873
under the Economic Development Initiatives program is amended by
striking ``Grant County Commission in West Virginia'' and inserting in
lieu thereof ``Grant County Library Commission in Grant County, West
Virginia''.
INDEPENDENT AGENCIES
Corporation for National and Community Service
national and community service programs operating expenses
To liquidate obligations previously incurred by the Corporation for
National and Community Service (``Corporation''), up to $64,000,000 is
provided to the National Service Trust: Provided, That the Corporation
may use these funds only to liquidate the deficiency that it has
already incurred and that these funds are not available for obligation,
or to liquidate obligations, for any other purpose whatsoever: Provided
further, That the Corporation may not use these funds unless and until
it reports these overobligations to the Congress and the President in
accordance with the requirements of the Antideficiency Act and the
guidance of the Office of Management and Budget in OMB Circular A-11
(2002): Provided further, That the second proviso under the heading
``Corporation for National and Community Service'' in Public Law 108-7
is deemed to be amended by inserting after ``section 501(a)(4)'' the
following: ``with not less than $2,500,000 for the Office of the Chief
Financial Officer to enact financial reform in the Corporation, without
regard to the provisions of section 501(a)(4)(B) of the Act''.
Environmental Protection Agency
State and Tribal Assistance Grants
The referenced statement of the managers under this heading in
Public Law 106-74 is deemed to be amended in reference to item number
135, as amended, by striking everything after ``135.'' and inserting,
``$437,000 for the Huntington Sanitary Board of Huntington, West
Virginia for the construction of wastewater treatment facilities in the
Fourpole Watershed; and $513,000 for the Region I Planning and
Development Council in Princeton, West Virginia for water and
wastewater infrastructure improvements'': Provided, That the referenced
statement of the managers under this heading in Public Law 107-73 is
deemed to be amended by striking everything after ``District'' in
reference to item number 222 and inserting ``for water infrastructure
improvements'': Provided further, That the referenced statement of the
managers under this heading in Public Law 108-7 is deemed to be amended
by striking everything after the word ``Agency'' in reference to item
number 72 and inserting ``for the Mojave Desert Arsenic Demonstration
Project''.
administrative provision
Within 30 days of enactment of this Act, the Administrator of the
Environmental Protection Agency shall adjust each ``maximum annual fee
payable'' pursuant to 7 U.S.C. 136a-1(i)(5)(D) and (E) in a manner such
that maintenance fee collections made to reach the level authorized in
division K of Public Law 108-7 shall be established in the same
proportion as those maintenance fee collections authorized in Public
Law 107-73./
National Science Foundation
Research and Related Activities
The first sentence under this heading in Public Law 108-7 is
amended by striking ``$320,000,000'' and inserting in lieu thereof
``$330,000,000''.
TITLE III--COLUMBIA ORBITER MEMORIAL ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Columbia Orbiter Memorial Act''.
SEC. 302. CONSTRUCTION OF MEMORIAL TO CREW OF COLUMBIA ORBITER AT
ARLINGTON NATIONAL CEMETERY.
(a) Construction Required.--The Secretary of the Army shall, in
consultation with the Administrator of the National Aeronautics and
Space Administration, construct at an appropriate place in Arlington
National Cemetery, Virginia, a memorial marker honoring the seven
members of the crew of the Columbia Orbiter who died on February 1,
2003, over the State of Texas during the landing of space shuttle
mission STS-107.
(b) Availability of Funds.--Of the amount appropriated or otherwise
made available by title II of the Department of Defense Appropriations
Act, 2003 (Public Law 107-248) under the heading ``Operation and
Maintenance, Army'', $500,000 shall be available for the construction
of the memorial marker required by subsection (a).
SEC. 303. DONATIONS FOR MEMORIAL FOR CREW OF COLUMBIA ORBITER.
(a) Authority To Accept Donations.--The Administrator of the
National Aeronautics and Space Administration may accept gifts and
donations of services, money, and property (including personal,
tangible, or intangible property) for the purpose of an appropriate
memorial or monument to the seven members of the crew of the Columbia
Orbiter who died on February 1, 2003, over the State of Texas during
the landing of space shuttle mission STS-107, whether such memorial or
monument is constructed by the Administrator or is the memorial marker
required by section 302.
(b) Transfer.--(1) The Administrator may transfer to the Secretary
of the Army any services, money, or property accepted by the
Administrator under subsection (a) for the purpose of the construction
of the memorial marker required by section 302.
(2) Any moneys transferred to the Secretary under paragraph (1)
shall be merged with amounts in the account referred to in subsection
(b) of section 302, and shall be available for the purpose referred to
in that subsection.
(c) Expiration of Authority.--The authority of the Administrator to
accept gifts and donations under subsection (a) shall expire 5 years
after the date of the enactment of this Act.
TITLE IV--AVIATION-RELATED ASSISTANCE
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
For expenses and revenue forgone related to aviation security,
$2,395,750,000, to remain available until September 30, 2003: Provided,
That the first $100,000,000 of such amounts shall be available,
notwithstanding any other provision of this Act, until expended to
compensate air carriers for the direct costs associated with the
strengthening of flight deck doors and locks on aircraft required by
section 104(a)(1)(B) of the Aviation and Transportation Security Act:
Provided further, That the remaining $2,295,750,000 of such amounts
shall be remitted to United States flag air carriers in the
proportional share each such carrier has paid or collected as of the
date of enactment of this Act in passenger security and air carrier
security fees to the Transportation Security Administration: Provided
further, That payments made under the preceding proviso may be used by
an air carrier for such purposes as the carrier determines appropriate:
Provided further, That payments made under this heading shall be
distributed as a lump sum payment and made not later than 30 days after
the date of enactment of this Act: Provided further, That the
Transportation Security Administration, not later than 30 days after
the last disbursement of funds made pursuant to the second proviso
under this heading, shall certify that such funds were allocated by air
carriers for security related expenses or revenue forgone as a result
of meeting Federal security mandates and shall transmit such
certification to the Senate Committee on Appropriations, the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Appropriations, and the House Committee on
Transportation and Infrastructure: Provided further, That the Under
Secretary for Border and Transportation Security of the Department of
Homeland Security shall not impose the fees authorized by section
44940(a) of title 49, United States Code, during the period beginning
June 1, 2003, and ending September 30, 2003: Provided further, That:
(1) Notwithstanding any other provision of law, the Secretary of
Homeland Security may not provide assistance to an air carrier pursuant
to the second proviso under this heading unless that air carrier
executes a contract with the Secretary under which the air carrier
agrees that--
(A) the air carrier will not provide total cash compensation
during the 12-month period beginning April 1, 2003, to an executive
officer in an amount equal to more than the annual salary paid to
that officer with respect to the air carrier's fiscal year 2002;
and
(B) if the air carrier violates the agreement under
subparagraph (A), the air carrier will pay to the Secretary of the
Treasury, within 60 days after the date on which the violation
occurs, an amount, determined by the Secretary of Homeland
Security, equal to the total amount of assistance received by the
air carrier pursuant to the second proviso under this heading.
(2) For the purpose of applying paragraph (1) of this proviso to an
executive officer--
(A) who was employed by an air carrier for less than 12 months
during the air carrier's fiscal year 2002, or whose employment
began after the last day of the last fiscal year of such air
carrier ending before the date of enactment of this Act--
(i) the salary paid to that executive officer in that air
carrier's fiscal year 2002, or in the next fiscal year of that
air carrier (if such next fiscal year began before the date of
enactment of this Act), respectively, shall be determined as an
annual rate of pay;
(ii) that annual rate of pay shall be treated as if it were
the annual salary paid to that executive officer during the air
carrier's fiscal year 2002; and
(iii) that executive officer shall be deemed to have been
employed during that fiscal year; and
(B) whose employment begins after the date of enactment of this
Act--
(i) the annual salary at which that executive officer is
first employed by an air carrier may not exceed the maximum
salary paid to any executive officer by that air carrier during
that air carrier's fiscal year 2002 with the same or similar
responsibilities;
(ii) that salary shall be treated as if it were the annual
salary paid to the executive officer during that air carrier's
fiscal year 2002; and
(iii) the executive officer shall be deemed to have been
employed by that air carrier during that air carrier's fiscal
year 2002.
(3) The Secretary shall not apply any of the conditions of this
proviso for receiving assistance pursuant to the second proviso under
this heading to any air carrier that operates aircraft exclusively with
85 seats or less, any Hawaii-based carrier or any air carrier that does
not operate trans-Pacific or trans-Atlantic flights.
(4)(A) The Comptroller General, or any of the Comptroller General's
duly authorized representatives, shall have access for the purpose of
audit and examination to any books, accounts, documents, papers, and
records of air carriers entering into an agreement under this proviso
that relate to the information required to implement the provisions of
this proviso.
(B) The Comptroller General shall transmit a report of any
investigation conducted under this proviso to the Senate Committee on
Appropriations, the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Appropriations, and the House of Representatives Committee on
Transportation and Infrastructure, together with a certification as to
whether the Comptroller General has had access to sufficient
information to make informed judgments on the matters covered by this
report.
(5) In this proviso, the following definitions apply:
(A) The term ``executive officer'' means the two most highly
compensated named executive officers (as that term is used in
section 402(a)(3) of Regulation S-K promulgated by the Salaries and
Exchange Commission under the Securities and Exchange Act of 1934
(17 CFR 229.402(a)(3))).
(B) The term ``salary'' means the base salary of an individual,
excluding any bonuses, awards of stock, or other financial benefits
provided by an air carrier to the individual.
(C) The term ``total cash compensation'' has the meaning given
the term ``total compensation'' by section 104(b) of the Air
Transportation Safety and System Stabilization Act (49 U.S.C. 40101
note), but does not include awards of stock or stock options or
preexisting contracts governing retirement.
(6) Nothing in this proviso shall be construed to prohibit or limit
an air carrier in providing health benefits, life insurance benefits,
or reimbursement of reasonable expenses to an executive officer.
GENERAL PROVISIONS--THIS TITLE
Sec. 4001. (a) Section 44302(f)(1) of title 49, United States Code,
is amended by striking ``2003'' each place it appears and inserting
``2004''.
(b) Section 44303(b) of such title is amended by striking ``2003''
and inserting ``2004''.
(c) Section 44310 of such title is amended by striking ``2003'' and
inserting ``2004''.
SEC. 4002. ADDITIONAL TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION FOR
DISPLACED AIRLINE RELATED WORKERS.
(a) Definitions.--For purposes of this section--
(1) the term ``eligible individual'' means an individual whose
eligibility for temporary extended unemployment compensation under
the Temporary Extended Unemployment Compensation Act of 2002
(Public Law 107-147; 116 Stat. 21), as amended by Public Law 108-1
(117 Stat. 3), is or would be based on the exhaustion of regular
compensation under State law, entitlement to which was based in
whole or in part on qualifying employment performed during such
individual's base period;
(2) the term ``qualifying employment'', with respect to an
eligible individual, means employment--
(A) with an air carrier, employment at a facility at an
airport, or with an upstream producer or supplier for an air
carrier; and
(B) as determined by the Secretary, separation from which
was due, in whole or in part, to--
(i) reductions in service by an air carrier as a result
of a terrorist action or security measure;
(ii) a closure of an airport in the United States as a
result of a terrorist action or security measure; or
(iii) a military conflict with Iraq that has been
authorized by Congress;
(3) the term ``air carrier'' means an air carrier that holds a
certificate issued under chapter 411 of title 49, United States
Code;
(4) the term ``upstream producer'' means a firm that performs
additional, value-added, production processes, including firms that
perform final assembly, finishing, or packaging of articles, for
another firm;
(5) the term ``supplier'' means a firm that produces component
parts for, or articles and contract services considered to be a
part of the production process or services for, another firm;
(6) the term ``Secretary'' means the Secretary of Labor; and
(7) the term ``terrorist action or security measure'' means a
terrorist attack on the United States on September 11, 2001, or a
security measure taken in response to such attack.
(b) Additional Temporary Extended Unemployment Compensation for
Eligible Individual.--In the case of an eligible individual, the
Temporary Extended Unemployment Compensation Act of 2002 (Public Law
107-147; 116 Stat. 21), as amended by Public Law 108-1 (117 Stat. 3),
shall be applied as if it had been amended in accordance with
subsection (c).
(c) Modifications.--
(1) In general.--For purposes of subsection (b), the Temporary
Extended Unemployment Compensation Act of 2002 (Public Law 107-147;
116 Stat. 21), as amended by Public Law 108-1 (117 Stat. 3), shall
be treated as if it had been amended as provided in this
subsection.
(2) Program extension.--Deem section 208 of the Temporary
Extended Unemployment Compensation Act of 2002, as amended by
Public Law 108-1 (117 Stat. 3), to be amended to read as follows:
``SEC. 208. APPLICABILITY.
``(a) In General.--Subject to subsection (b), an agreement entered
into under this title shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending before December 29, 2003.
``(b) Transition for Amount Remaining in Account.--
``(1) In general.--Subject to paragraph (2), in the case of an
individual who has amounts remaining in an account established
under section 203 as of December 28, 2003, temporary extended
unemployment compensation shall continue to be payable to such
individual from such amounts for any week beginning after such date
for which the individual meets the eligibility requirements of this
title, including such compensation payable by reason of amounts
deposited in such account after such date pursuant to the
application of subsection (c) of such section.
``(2) Limitation.--No compensation shall be payable by reason
of paragraph (1) for any week beginning after December 26, 2004.''.
(3) Additional weeks of benefits.--Deem section 203 of the
Temporary Extended Unemployment Compensation Act of 2002, as
amended by Public Law 108-1 (117 Stat. 3), to be amended--
(A) in subsection (b)(1)--
(i) in subparagraph (A), by striking ``50'' and
inserting ``150''; and
(ii) by striking ``13'' and inserting ``39''; and
(B) in subsection (c)(1), by inserting ``\1/3\ of'' after
``equal to''.
(4) Effective date of modifications described in paragraph
(3).--
(A) In general.--The amendments described in paragraph
(3)--
(i) shall be deemed to have taken effect as if included
in the enactment of the Temporary Extended Unemployment
Compensation Act of 2002; but
(ii) shall be treated as applying only with respect to
weeks of unemployment beginning on or after the date of
enactment of this Act, subject to subparagraph (B).
(B) Special rules.--In the case of an eligible individual
for whom a temporary extended unemployment account was
established before the date of enactment of this Act, the
Temporary Extended Unemployment Compensation Act of 2002 (as
amended by this section) shall be applied subject to the
following:
(i) Any amounts deposited in the individual's temporary
extended unemployment compensation account by reason of
section 203(c) of such Act (commonly known as ``TEUC-X
amounts'') before the date of enactment of this Act shall
be treated as amounts deposited by reason of section 203(b)
of such Act (commonly known as ``TEUC amounts''), as deemed
to have been amended by paragraph (3)(A).
(ii) For purposes of determining whether the individual
is eligible for any TEUC-X amounts under such Act, as
deemed to be amended by this subsection--
(I) any determination made under section 203(c) of
such Act before the application of the amendment
described in paragraph (3)(B) shall be disregarded; and
(II) any such determination shall instead be made
by applying section 203(c) of such Act, as deemed to be
amended by paragraph (3)(B), as of the time that all
amounts established in such account in accordance with
section 203(b) of such Act (as deemed to be amended
under this subsection, and including any amounts
described in clause (i)) are in fact exhausted.
TITLE V--PANEL TO REVIEW SEXUAL MISCONDUCT ALLEGATIONS AT UNITED STATES
AIR FORCE ACADEMY
SEC. 501. ESTABLISHMENT OF PANEL.
(a) Establishment.--There is established a panel to review sexual
misconduct allegations at the United States Air Force Academy.
(b) Composition.--The panel shall be composed of seven members,
appointed by the Secretary of Defense from among private United States
citizens who have expertise in behavioral and psychological sciences
and standards and practices relating to proper treatment of sexual
assault victims (to include their medical and legal rights and needs),
as well as the United States military academies.
(c) Chairman.--The Secretary of Defense shall, in consultation with
the Chairmen of the Committees on Armed Services of the Senate and
House of Representatives, select the Chairman of the panel from among
its members under subsection (b).
(d) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the panel. Any vacancy in the panel shall be filled in
the same manner as the original appointment.
(e) Meetings.--The panel shall meet at the call of the Chairman.
(f) Initial Organization Requirements.--(1) All original
appointments to the panel shall be made not later than May 1, 2003.
(2) The Chairman shall convene the first meeting of the panel not
later than May 8, 2003.
SEC. 502. DUTIES OF PANEL.
(a) In General.--The panel established under section 501(a) shall
carry out a study of the policies, management and organizational
practices, and cultural elements of the United States Air Force Academy
that were conducive to allowing sexual misconduct (including sexual
assaults and rape) at the United States Air Force Academy.
(b) Review.--In carrying out the study required by subsection (a),
the panel shall--
(1) review the actions taken by United States Air Force Academy
personnel and other Department of the Air Force officials in
response to allegations of sexual assaults at the United States Air
Force Academy;
(2) review directives issued by the United States Air Force
pertaining to sexual misconduct at the United States Air Force
Academy;
(3) review the effectiveness of the process, procedures, and
policies used at the United States Air Force Academy to respond to
allegations of sexual misconduct;
(4) review the relationship between--
(A) the command climate for women at the United States Air
Force Academy, including factors that may have produced a fear
of retribution for reporting sexual misconduct; and
(B) the circumstances that resulted in sexual misconduct at
the Academy;
(5) review, evaluate, and assess such other matters and
materials as the panel considers appropriate for the study; and
(6) review, and incorporate as appropriate, the findings of
ongoing studies being conducted by the Air Force General Counsel
and Inspector General.
(c) Report.--(1) Not later than 90 days after its first meeting
under section 501(f)(2), the panel shall submit a report on the study
required by subsection 502(a) to the Secretary of Defense and the
Committees on Armed Services of the Senate and the House of
Representatives.
(2) The report shall include--
(A) the findings and conclusions of the panel as a result of
the study; and
(B) any recommendations for legislative or administrative
action that the panel considers appropriate in light of the study.
SEC. 503. PERSONNEL MATTERS.
(a) Pay of Members.--(1) Members of the panel established under
section 501(a) shall serve without pay by reason of their work on the
panel.
(2) Section 1342 of title 31, United States Code, shall not apply
to the acceptance of services of a member of the panel under this
title.
(b) Travel Expenses.--The members of the panel shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the panel.
TITLE VI--GENERAL PROVISIONS--THIS ACT
Sec. 6001. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
This Act may be cited as the ``Emergency Wartime Supplemental
Appropriations Act, 2003''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.