[Congressional Record (Bound Edition), Volume 149 (2003), Part 7]
[House]
[Pages 9742-9771]
[From the U.S. Government Publishing Office, www.gpo.gov]




    CONFERENCE REPORT ON H.R. 1559, EMERGENCY WARTIME SUPPLEMENTAL 
                        APPROPRIATIONS ACT, 2003

  Mr. YOUNG of Florida submitted the following conference report and 
statement on the bill (H.R. 1559) making emergency wartime supplemental 
appropriations for the fiscal year ending September 30, 2003, and for 
other purposes:

                  Conference Report (H. Rept. 108-76)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     1559), ``making emergency wartime supplemental appropriations 
     for the fiscal year 2003, and for other purposes'', having 
     met, after full and free conference, have agreed to recommend 
     and do recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following: 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

[[Page 9743]]

     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

[[Page 9744]]

     shall, not fewer than five 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 four 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 the date ``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 seven days following the 
     exercise of the drawdown authority.

[[Page 9745]]




                     (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''; and
       (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.

[[Page 9746]]



               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

[[Page 9747]]

     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 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 the 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

[[Page 9748]]

     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

[[Page 9749]]

     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

[[Page 9750]]

     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 seven-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 fifteen 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 deleting ``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 section (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

[[Page 9751]]

     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); and
       (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 thirty 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,'' ``$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 the ``$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

[[Page 9752]]

     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''.

[[Page 9753]]



                               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) deleting ``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 
     three 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

[[Page 9754]]

     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 five 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.

[[Page 9755]]

       (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 AND 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.
       ``(2) No augmentation after december 28, 2003.--If the 
     account of an individual is exhausted after December 28, 
     2003, then section 203(c) shall not apply and such account 
     shall not be augmented under such section, regardless of 
     whether such individual's State is in an extended benefit 
     period (as determined under paragraph (2) of such section).
       ``(3) 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

[[Page 9756]]

       (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''.
       And the Senate agree to the same.

     Bill Young,
     Ralph Regula,
     Jerry Lewis,
     Hal Rogers,
     Frank Wolf,
     Jim Kolbe,
     James T. Walsh,
     Charles H. Taylor,
     David L. Hobson,
     Ernest J. Istook, Jr.,
     Henry Bonilla,
     Joe Knollenberg,
     Jack Kingston,
     Rodney P. Frelinghuysen,
     David Obey,
     John P. Murtha,
     Norman Dicks,
     Martin Olav Sabo,
     Alan B. Mollohan,
     Marcy Kaptur,
     Peter J. Visclosky,
     Nita M. Lowey,
     Jose E. Serrano,
     James P. Moran,
     Chet Edwards,
                                Managers on the Part of the House.

     Ted Stevens,
     Thad Cochran,
     Arlen Specter,
     Pete V. Domenici,
     Christopher S. Bond,
     Mitch McConnell,
     Conrad Burns,
     Richard Shelby,
     Judd Gregg,
     Robert F. Bennett,
     Ben Nighthorse Campbell,
     Larry Craig,
     Kay Bailey Hutchison,
     Mike DeWine,
     Sam Brownback,
     Robert C. Byrd,
     Daniel K. Inouye,
     Patrick J. Leahy,
     Tom Harkin,
     Barbara A. Mikulski,
     Harry Reid,
     Herb Kohl
       (except for P.L. 480),
     Patty Murray,
     Byron L. Dorgan,
     Dianne Feinstein,
     Dick Durbin,
     Tim Johnson,
     Mary L. Landrieu,
                               Managers on the Part of the Senate.

                      JOINT EXPLANATORY STATEMENT

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendments of the Senate to the bill (H.R. 1559) making 
     emergency wartime supplemental appropriations for the fiscal 
     year ending September 30, 2003, and for other purposes, 
     submit the following joint statement to the House and the 
     Senate in explanation of the effects of the action agreed 
     upon by the managers and recommended in the accompanying 
     conference report.
       Report language included by the House in the report 
     accompanying H.R. 1559 (H. Rept. 108-55) and included by the 
     Senate in the report accompaning S. 762 (S. Rept. 108-33) 
     should be complied with unless specifically addressed in this 
     statement of the managers. The statement of the managers, 
     while repeating some report language for emphasis, is not 
     intended to negate the language referred to above unless 
     expressly provided herein.

                  TITLE I--WAR-RELATED APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Agriculture Research Service


                        buildings and facilities

       The conference agreement includes $110,000,000 for 
     continued modernization of facilities in Ames, Iowa, which 
     will provide a laboratory building, fixed equipment, and 
     associated infrastructure as a complete and usable phase of 
     construction.

                     Public Law 480 Title II Grants


                     (Including Transfer of Funds)

       The conference agreement includes $369,000,000 for Public 
     Law 480 title II grants. Within this amount, the confees 
     provide $69,000,000 to the Bill Emerson Humanitarian Trust. 
     In addition, the conferees recommend language to prohibit the 
     exchange of an eligible commodity for another commodity of 
     equal value. It is the intention of the conferees that no 
     restriction is imposed on the purchase of any authorized 
     commodity for replenishment of the Bill Emerson Humanitarian 
     Trust.
       The conference agreement for Public Law 480 title II grants 
     will allow the restoration of funds to on-going food aid 
     programs which were redirected as a result of prioritizing 
     food aid funds to respond to the conflict in Iraq. The 
     conferees expect that these funds will be utilized for 
     previously approved title II food aid programs in such 
     countries as Bangladesh, Uganda, Malawi, Haiti, Mozambique, 
     Ghana, Kenya, Bolivia, Guatemala, Peru, and Ethiopia.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

       The conference agreement includes $5,000,000 for the Office 
     of Intelligence Policy and Professional Responsibility as 
     proposed in the House bill for increased operational support 
     for the Federal Bureau of Investigation (FBI), primarily 
     through the application of warrants under the Foreign 
     Intelligence Surveillance Act. Of the amount provided, 
     $2,000,000 is for additional personnel costs, and $3,000,000 
     is for information technology enhancements. The Senate did 
     not provide funding for this program.
       The conferees adopt by reference House language regarding 
     submission of a proposal on enhanced oversight of the FBI.


                         counterterrorism fund

       The conference agreement includes $70,274,000 for the 
     Counterterrorism Fund, instead of $100,274,000 as proposed in 
     the House bill, to cover extraordinary costs associated with 
     a terrorist threat or incident. This amount includes 
     $20,000,000 in new direct appropriations, and $50,274,000 in 
     unobligated balances currently available in the Fund. The 
     Senate did not fund this program.
       The Counterterrorism Fund was established in 1995 after the 
     bombing of the Alfred P. Murrah Building in Okaloma City, and 
     is under control and direction of the Attorney General. These 
     funds may be used to reimburse any Department of Justice 
     organization for the costs incurred from the reestablishment 
     of an office or facility damaged or destroyed as a result of 
     a domestic or international terrorist incident, and to cover 
     extraordinary expenses necessary to counter, investigate, or 
     prosecute domestic or international terrorism activities. The 
     conferees include language requiring the Attorney General to 
     notify the Committees on Appropriations in accordance with 
     section 605 of Division B of Public Law 107-7 prior to 
     obligation of funds from this account.


                           detention trustee

       The conference agreement provides $40,000,000 for the 
     detention of prisoners in the custody of the U.S. Marshals 
     Service, instead of $45,000,000 as proposed by the Senate and 
     $15,000,000 as proposed by the House.


                      office of inspector general

       The conference agreement includes $2,500,000 as proposed in 
     the House bill for the Office of Inspector General to provide 
     additional oversight to expanded Department authorities and 
     activities, including oversight related to the implementation 
     of the USA PATRIOT Act. The Senate did not provide funding 
     for this program.

                            Legal Activities


          salaries and expenses, united states marshal service

       The conference agreement provides $8,000,000 for the 
     Marshals Service, instead of $26,080,000 as proposed by the 
     House and no funding as proposed by the Senate. The 
     recommendation includes $5,800,000 to be allocated to those 
     districts with the highest priority needs for the protection 
     of the judicial process and $2,200,000 to upgrade the 
     Marshals Service secure communications capability.

                    Federal Bureau of Investigation


                         salaries and expenses

       To respond to immediate or emerging terrorism-related 
     prevention and response requirements in the United States, 
     the conference agreement includes a total of $367,192,000 for 
     the FBI instead of $398,862,000 proposed in the House bill 
     and $63,000,000 proposed in the Senate bill. Prior to 
     obligating any of these funds, the conferees direct the 
     Attorney General to notify the Committees on Appropriations 
     in accordance with section 605 of Division B of Public Law 
     108-7.

                       Office of Justice Programs


                  community oriented policing services

       The conference agreement provides $54,750,000 for the 
     Office of Community Oriented Policing Services, Interoperable 
     Communications Technology Program, instead of $109,500,000 as 
     proposed by the Senate and no funding as proposed by the 
     House. funding should be used to improve State and local

[[Page 9757]]

     law enforcement cross-jurisdictional communication and 
     information sharing.

                             THE JUDICIARY

                   Supreme Court of the United States


                         salaries and expenses

       The conference agreement provides $1,535,000 for the 
     Supreme Court of the United States for police enhancements as 
     proposed in the House bill. The Senate proposed no funding 
     for this account.

         United States Court of Appeals for the Federal Circuit


                         salaries and expenses

       The conference agreement provides $973,000 for the United 
     States Court of Appeals for the Federal Circuit for court 
     security officers as proposed in the House bill. The Senate 
     proposed no funding for this account.

               United States Court of International Trade


                         salaries and expenses

       The conference agreement provides $50,000 for the United 
     States Court of International Trade for a security system 
     upgrade as proposed by the House. The Senate proposed no 
     funding for this account.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

       The conference agreement includes $88,420,000 for costs 
     related to evacuations, emergency response, increased 
     security, and re-establishing a mission in Iraq. The 
     conference agreement includes $32,000,000 for requirements 
     related to the provision of consular services; $35,801,000 
     for costs associated with the re-establishment of a 
     diplomatic mission in Iraq; $15,619,000 for medical and 
     vaccination services; and $5,000,000 for public diplomacy 
     surge activities in Iraq and throughout the Middle East. The 
     amount provided for re-establishing a diplomatic mission in 
     Iraq includes $17,862,000 for post operations and $17,939,000 
     for diplomatic security.
       In addition, the conference agreement includes $10,000,000 
     for increased security measures at United States diplomatic 
     missions worldwide.
       The conferees expect the Department to intensify public 
     diplomacy activities in the Middle East, including the 
     establishment of an Information Center in the Gulf region. 
     The conferees further expect the Department to aggressively 
     develop new public diplomacy approaches and initiatives. In 
     this regard, the conferees expect the Department to establish 
     an advisory group on public diplomacy for the Arab and Muslim 
     world as described in the House report.
       The conference agreement includes language requiring the 
     Department to conduct bimonthly reviews of Machine Readable 
     Visa fee revenue to monitor and better predict possible 
     shortfall. The conferees direct the Department, immediately 
     upon identifying such a shortfall, to reprogram funds as 
     necessary to maintain the fiscal year 2003 Border Security 
     Program, as described in the Statement of Managers 
     accompanying Public Law 108-7.


            Embassy Security, Construction, and Maintenance

       The conference agreement includes $149,500,000 under this 
     account, including $61,500,000 for the costs of establishing 
     an interim diplomatic facility in Iraq. This funding will 
     allow the Department to acquire, secure, and renovate 
     facilities, as necessary, to provide functional temporary 
     facilities in Iraq. The conferees direct the Department to 
     report to the Committees on Appropriations regarding the 
     special security considerations and procedures associated 
     with the hiring of Iraqi nationals to work in United States 
     diplomatic facilities. The conferees expect the Department to 
     submit to the Committee on Appropriations, as soon as 
     possible, a plan for a permanent facility in Iraq. The 
     proposed plan should adhere to right-sizing principles and 
     rigorous security standards. The conferees expect this 
     construction project will adhere to any cost-sharing 
     arrangement that might be implemented.
       The conference agreement includes $10,000,000 for costs of 
     security-related enhancements to non-official facilities 
     worldwide including non-military American schools, as 
     described in the Senate report.
       The conference agreement also includes $78,000,000 for 
     facilities acquisition and security improvements in Rome, 
     Italy.


           emergencies in the diplomatic and consular service

       The conference agreement includes $50,000,000 under this 
     heading for costs associated with evacuating United States 
     Government employees, their families, and private American 
     citizens, and assisting American citizens overseas, as 
     necessary, as a result of the conflict in Iraq. The 
     conference agreement also includes language allowing funds 
     under this account to be transferred to, and merged with, the 
     Diplomatic and Consular Programs account only for the purpose 
     of maintaining funding levels for the fiscal year 2003 Border 
     Security Program as described under that heading.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 international broadcasting operations

       The conference agreement includes $30,500,000 to expand 
     broadcasting efforts to the Middle East, as described in the 
     House report.

                    GENERAL PROVISION--THIS CHAPTER

       The conference agreement includes language waiving 
     provisions of existing legislation that require 
     authorizations to be in place prior to the expenditure of any 
     appropriated funds.

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

       Chapter 3 of the conference agreement recommends 
     $62,378,100,000 for the Department of Defense, as proposed by 
     the Senate, instead of $62,409,500,000 as proposed by the 
     House.
       Within this amount, the conferees recommend a total of 
     $46,699,200,000 for appropriation to specific accounts and 
     provisions, instead of $36,973,100,000 as proposed by the 
     House and $51,359,100,000 as proposed by the Senate. In 
     addition, the conferees recommend $15,678,900,000 for a new 
     appropriation, the ``Iraq Freedom Fund''. This transfer 
     account, available to the Secretary of Defense, has been 
     expressly provided to maximize the Department of Defense's 
     flexibility to address future requirements associated with 
     the military operations in and around Iraq and the global war 
     on terrorism. The conferees have also recommended additional 
     transfer authorities for the Department of Defense.
       The conference agreement also includes a new appropriations 
     account requested by the President, the ``National Resources 
     Risk Remediation Fund'', to pay for emergency fire fighting, 
     repair damage to oil facilities and related infrastructure, 
     and preserve a distribution capability in and around Iraq. 
     This account has been structured to allow the use of foreign 
     contributions, as well as a limited amount of appropriated 
     funds, if required.
       The conferees have also, consistent with existing 
     authorities, agreed to address fiscal year 2003 funding 
     requirements requested by the President relating to 
     reimbursements to nations providing support to U.S. military 
     operations; the drawdown of defense funds, articles and 
     supplies; and special emergency expense authority for the 
     Secretary of Defense and the combatant commanders. The 
     conference agreement also includes funding for Department of 
     Defense counter-terrorism military training for foreign 
     nations, as well as funds to support ongoing Department of 
     Defense counter-terrorism efforts in support of the 
     government of Colombia.
       The following table provides details of the supplemental 
     appropriations in this chapter.

                                             [Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
                                               Budget request       House            Senate         Conference
----------------------------------------------------------------------------------------------------------------
Transfer Funds:
    Defense Emergency Response Fund.........       59,863,200  ...............       11,019,000  ...............
    Operation Iraqi Freedom Response Fund...  ...............       59,682,500  ...............  ...............
    Combat, Stability Operations and Force    ...............     [25,436,400]  ...............  ...............
     Reconstitution Costs...................
    Iraq Freedom Fund.......................  ...............  ...............  ...............       15,678,900
Military Personnel:
    Military Personnel, Army................  ...............      [6,974,500]        7,724,500        7,700,000
    Military Personnel, Navy................  ...............      [1,984,300]        1,784,300        1,600,000
    Military Personnel, Marine Corps........  ...............      [1,204,900]        1,254,900        1,200,000
    Military Personnel, Air Force...........  ...............      [1,834,800]        2,834,800        2,800,000
    Reserve Personnel, Army.................  ...............          [3,000]            6,000            3,000
    National Guard Personnel, Army..........  ...............         [93,000]          110,000          100,000
                                             -------------------------------------------------------------------
      Total Military Personnel..............  ...............  ...............       13,714,500       13,403,000
      [Total, Miliary Personnel transfers]..  ...............     [12,094,500]  ...............  ...............
                                             ===================================================================
Operation and Maintenance:
    O&M, Army...............................  ...............     [10,481,500]       16,142,500       16,000,000
    O&M, Navy...............................  ...............      [3,904,300]        5,296,600        5,100,000
    O&M, Marine Corps.......................  ...............      [1,383,700]        1,752,700        1,650,000
    O&M, Air Force..........................  ...............      [3,668,200]        7,209,200        7,100,000
    O&M, Defense-Wide.......................        1,400,000        1,400,000        4,007,700        1,200,000

[[Page 9758]]

 
    [O&M, Defense-Wide transfer]............  ...............        [901,900]  ...............   \1\[1,400,000]
    O&M, Army Reserve.......................  ...............  ...............  ...............            3,000
    O&M, Navy Reserve.......................  ...............  ...............           15,000            7,000
    O&M, Marine Corps Reserve...............  ...............  ...............           50,000           20,000
    O&M, Army National Guard................  ...............         [58,400]           88,400           75,000
    O&M, Air National Guard.................  ...............  ...............           20,000           20,000
    Natural Resources Risk Remediation Fund.          489,300     \1\[489,300]          489,300     \1\[489,300]
                                             -------------------------------------------------------------------
      Total, O&M............................        1,889,300        1,400,000       35,071,400       31,175,000
      [Total, O&M transfers]................  ...............     [20,434,000]  ...............  ...............
                                             ===================================================================
Procurement:
    Aircraft Procurement, Army..............  ...............          [4,100]            4,100            4,100
    Missile Procurement, Army...............  ...............          [3,100]            3,100            3,100
    Procurement of W&TCV, Army..............  ...............         [53,300]           53,300           53,300
    Procurement of Ammunition, Army.........  ...............        [447,500]          447,500          447,500
    Other Procurement, Army.................  ...............        [241,800]          241,800          241,800
    Other Procurement, Air Force............  ...............        [113,600]          113,600          113,600
    Procurement, Defense-Wide...............  ...............        [451,000]          451,000          451,000
      Total, Procurement....................  ...............  ...............        1,314,400        1,314,400
      [Total, Procurement transfers]........  ...............      [1,314,400]  ...............  ...............
Research, Development, Test and Evaluation:
    RDT&E, Army.............................  ...............         [11,500]           11,500           11,500
    RDT&E, Defense-Wide.....................  ...............         [90,000]  ...............           70,000
      Total, RDT&E..........................  ...............  ...............           11,500           81,500
      [Total, RDT&E transfers]..............  ...............        [101,500]  ...............  ...............
Revolving and Management Funds: Defense               430,000        1,100,000          550,000   \2\[1,100,000]
 Working Capital Funds......................
Other Department of Defense Programs:
    Defense Health Program..................  ...............        [301,700]          501,700          501,700
    Drug Interdiction and Counter-Drug                 34,000           34,000           34,000           34,000
     Activities, Defense....................
      Total, Other DoD Programs.............           34,000           34,000          535,700          535,700
      [Total, Other DoD Programs transfers].  ...............        [301,700]  ...............  ...............
General Provisions:
    Sec. 1307 Reimburse O&M Accounts for              165,000          165,000          165,000          165,000
     Drawdowns [Afghan Freedom Support Act].
    Defense Cooperation Account.............           28,000           28,000  ...............           28,000
    Sec. 1317 RDT&E, Navy Rescissions.......  ...............  ...............           -3,400           -3,400
      Total, General Provisions.............          193,000          193,000          161,600          189,600
      Grand Total, Chapter 3................       62,409,500        2,727,000       62,378,100       62,378,100
      [Grand Total, Transfers]..............  ...............     [59,682,500]  ...............  ...............
----------------------------------------------------------------------------------------------------------------
Note.--Brackets in the House column indicate transfers from Operation Iraqi Freedom Response Fund.
\1\Dollars are not included in the total. Indicates the maximum amount that may be received from transfer fund.
\2\Dollars are not included in the total. Indicates the minimum amount that must be received from transfer fund.

         Fiscal Year 2003 Appropriations Reporting Requirement

       The conferees recommend supplemental funds based on the 
     best financial estimates available at the time the 
     President's request was submitted. In providing funds, the 
     conferees held public hearings and had extensive briefings by 
     senior Department of Defense officials and representatives of 
     the military departments. The conferees have endeavored to 
     achieve a workable balance between congressional oversight, 
     providing the Department with financial flexibility to meet 
     the unknowns of ongoing combat operations, and responding 
     promptly to the Department's urgent financial requirements.
       The conferees understand that ongoing, dynamic combat 
     operations generate an equally dynamic situation for the 
     Department. As operations are carried out, financial planning 
     assumptions are replaced with actual data. Over time, even 
     the best fiscal projections become real costs and financial 
     obligations.
       As fiscal year 2003 progresses, the conferees expect that 
     Department of Defense and the military departments will be 
     able to provide actual fiscal execution information, and 
     better, more refined projections of expected costs.
       Accordingly, the conferees direct the Secretary of Defense 
     to submit to the congressional defense committees, no later 
     than July 1, 2003, a comprehensive financial analysis and 
     update for fiscal year 2003. This report will detail both 
     actual and projected obligations of appropriations provided 
     in this Act, the Department of Defense Appropriations Act, 
     2003 (P.L. 107-248), and the Consolidated Appropriations 
     Resolution, 2003 (P.L. 108-7).

                          Classified Programs

       Recommended adjustments to classified programs are 
     addressed in a classified annex accompanying this report.

                           MILITARY PERSONNEL

       The conference agreement recommends $13,403,000,000 for the 
     military personnel accounts, instead of $12,094,500,00 as 
     proposed by the House (by transfer from the ``Operation Iraqi 
     Freedom Response Fund'') and $13,714,500,000 as proposed by 
     the Senate. The conferees' recommendation will fund the known 
     incremental costs of pays and allowances for active duty and 
     Reserve personnel through the end of the fiscal year. The 
     conferees recommend including section 1316, as proposed by 
     the Senate, which increases Imminent Danger Pay and Family 
     Separation Allowance.

                       OPERATION AND MAINTENANCE

       The conference agreement recommends $31,175,000,000 for the 
     Operation and Maintenance accounts, instead of 
     $21,834,000,000 ($1,400,000,000 by direct appropriation in 
     ``Operation and Maintenance, Defense-Wide'', and 
     $20,434,000,000 by transfer from the ``Operation Iraqi 
     Freedom Response Fund'') as proposed by the House, and 
     $35,071,400,000 as proposed by the Senate.

                    Defense Emergency Response Fund

       The President requested $59,863,200,000 for the ``Defense 
     Emergency Response Fund''. The House proposed no 
     appropriation. The Senate recommended $11,019,000,000 for 
     this fund. The conferees recommend no appropriation for the 
     ``Defense Emergency Response Fund''.

                 Operation Iraqi Freedom Response Fund

       The House recommended $59,682,500,000 in the ``Operation 
     Iraqi Freedom Response Fund'' of which $34,246,100,000 was 
     for transfer to service appropriation accounts, and 
     $25,436,400,000 was for transfer to a new ``Combat, Stability 
     Operations and Force Reconstitution Costs'' account. The 
     Senate provided no appropriation for either account. The 
     conference agreement recommends no appropriation in the 
     ``Operation Iraqi Freedom Response Fund''.

                           Iraq Freedom Fund

       The conference agreement recommends an appropriation of 
     $15,678,900,000 for a new appropriation called the ``Iraq 
     Freedom Fund''. These funds will be available to the 
     Secretary of Defense for transfer. In exercising their 
     oversight role in the use of these funds, the conferees 
     provide language requiring five day prior notification to the 
     congressional defense committees, in writing, of the details 
     of any transfer of funds, as well as quarterly reports.
       The conference agreement creates a framework within which 
     these funds are expressly provided to maximize flexibility 
     for the President and the Department of Defense. The 
     conferees provide the authority for the Department of Defense 
     to transfer not less than $1,771,180,000 for classified 
     programs; not less than $1,100,000,000 for increased fuel 
     costs; up to $1,400,000,000 for payments to key cooperating 
     nations; up to $489,300,000 for the ``Natural Resources Risk 
     Remediation Fund''; up to $400,000,000 for the United States 
     Coast Guard; up to $57,600,000 for research, development, 
     test, and evaluation; and up to $25,000,000 for counter-
     terrorism training activities.
       The conferees direct the Department of Defense give 
     priority in using the ``Iraq Freedom Fund'' to ensure that 
     military personnel accounts and the Defense Health Program 
     are adequately supported.

             Payments To Reimburse Key Cooperating Nations

       The conference agreement includes language under the ``Iraq 
     Freedom Fund'' and in section 1310 of the general provisions 
     that provides up to $1,400,000,000 in authority to make 
     payments to reimburse Pakistan, Jordan, and other key 
     cooperating nations for certain expenses. The conference 
     agreement limits funds available for such reimbursements to 
     those provided in this chapter. The conference agreement 
     includes language similar to the House bill on notification 
     and reporting requirements.

[[Page 9759]]



                Natural Resources Risk Remediation Fund

       The conference agreement includes language creating a new 
     account called ``Natural Resources Risk Remediation Fund'' 
     (NRRRF). Funds may be transferred to, appropriated to, and 
     contributions made to the NRRRF in order to cover expenses 
     incurred in and around Iraq for emergency fire fighting, 
     repairing damage to oil facilities and related 
     infrastructure, and preservation of a distribution 
     capability. Up to $489,300,000 of the funds appropriated to 
     the ``Iraq Freedom Fund'' in this Act may be transferred to 
     this fund.
       In addition, the Secretary of Defense is authorized to 
     accept contributions for the fund. The conferees also 
     recommend that amounts available in the ``Defense Cooperation 
     Account'' may be transferred to and merged with this fund, 
     and that the Secretary of Defense may transfer funds 
     available in the NRRRF to other appropriations. The Secretary 
     of Defense may transfer funds appropriated to the ``Iraq 
     Freedom Fund'' only to the extent that amounts transferred 
     from the ``Defense Cooperation Account'' and other 
     contributions are not available. To the extent that it 
     becomes necessary to transfer funds from appropriations made 
     in this chapter, and contributions become available later in 
     the fiscal year, the conferees intend that these 
     contributions shall be used to reimburse the ``Iraq Freedom 
     Fund''.

                       Counter-Terrorism Training

       The conference agreement includes language that provides up 
     to $25,000,000 for counter-terrorism military training 
     activities for foreign governments in connection with the 
     global war on terrorism 15 days following submission of a 
     financial plan to the congressional defense committees.

                              PROCUREMENT

       The conferees have reviewed possible allocations of funding 
     requested by the President and believe that there are 
     sufficient funds in the ``Iraq Freedom Fund'' for procurement 
     of items to meet anticipated requirements for weapons, and 
     equipment such as munitions, unmanned aerial vehicles, 
     communications equipment, and other items required for 
     military operations in Iraq, Afghanistan, and the global war 
     on terrorism. The conferees note that in addition to 
     equipment lost in Operation Iraqi Freedom, the Department has 
     also sustained losses in Afghanistan, as well as losses due 
     to mishaps. Among these losses are high-demand, low-density 
     items such as Special Operations MH-47 helicopters and Marine 
     Corps CH-46 helicopters. The conferees believe that the 
     Department of Defense should consider replacing or seeking 
     safety improvements to these assets as well as those 
     described in the President's request.
       Within the total recommended by the conferees, funds are 
     also available to restock munitions, including precision 
     munitions, expended in combat or in training. Precision-
     guided weapons may include Laser Guided Bombs, Wind Corrected 
     Munitions Dispenser (WCMD), Joint Standoff Weapon (JSOW), 
     Affordable Weapon System, Javelin, Tube-launched Optically-
     tracked Wire-guided (TOW) Anti-tank Missile, Laser and 
     Longbow Hellfire, Army Tactical Missile System (ATACMS), 
     Multiple Launch Rocket System (MLRS) Rockets, and Stinger. In 
     some cases, this is not intended to be a one-for-one 
     replacement of expended munitions and precision-guided 
     weapons, but should instead be used to acquire upgraded 
     versions of these munitions, such as Tactical Tomahawk and 
     Patriot missiles. The conferees agree to the reporting 
     requirements concerning precision-guided munitions, as 
     proposed by the House.

                Appropriate Use of Funds for Acquisition

       The conferees agree with the House direction regarding the 
     appropriate use of funds for acquisition with the following 
     changes:
       (1) Items or capabilities that can be fielded in less than 
     18 months (from the date of obligation) require no additional 
     notification.
       (2) Items or capabilities requiring greater than 18 months 
     (from the date of obligation) to operationally field require 
     submission of a prior approval reprogramming.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       The conference agreement recommends $501,700,000 for 
     Defense Health Program operation and maintenance costs. From 
     within this amount, the conferees direct that the Department 
     of Defense give priority to the direct care system and 
     military medical treatment facilities.

         Drug Interdiction and Counter-Drug Activities, Defense

       The conference agreement provides $34,000,000, as requested 
     by the President, to fund increased operational tempo in 
     Colombia's unified campaign against narcotics trafficking and 
     terrorist activities. The conferees also agree to the 
     reporting requirement concerning the obligation of these 
     funds proposed by the House.

                    GENERAL PROVISIONS--THIS CHAPTER

       The conferees agree to retain section 1301, as proposed by 
     the House, which directs that amounts in the bill shall be 
     available for the same time period and subject to the same 
     terms and conditions as in Public Law 107-248 and Public Law 
     108-7.
       The conferees agree to retain and amend section 1302, as 
     proposed by the Senate, which prohibits the financing of 
     activities specifically denied by Congress or the initiation 
     of a procurement or research, development, test and 
     evaluation new start program without prior notification to 
     the congressional defense committees. The conferees direct 
     the Department of Defense to submit a prior approval 
     reprogramming in any instance in which it seeks to use funds 
     in this Act for any program denied in previous fiscal year 
     2003 Appropriations Acts as delineated in either the Act or 
     the Statement of the Managers accompanying those Acts.
       The conferees agree to retain section 1303, as proposed by 
     the House, which prohibits the use of funds provided for 
     programs that require greater than four years to 
     operationally field.
       The conferees agree to retain and amend section 1304, as 
     proposed by the House and the Senate, which provides 
     additional funds for the CINC Initiative Fund.
       The conferees agree to retain and amend section 1305, as 
     proposed by the House and the Senate, which amends the 
     limitation on the amount of ``Operation and Maintenance, 
     Defense-Wide'' funds that may be used for emergency and 
     extraordinary expenses.
       The conferees agree to retain and amend section 1306, as 
     proposed by the House and the Senate, which amends section 
     8005 of Public Law 107-248 and Public Law 108-7, addressing 
     transfer authority.
       The conferees agree to retain and amend section 1307, as 
     proposed by the House and the Senate, which appropriates 
     $165,000,000 to reimburse appropriations accounts for the 
     value of drawdown support provided by the Department of 
     Defense under the Afghan Freedom Support Act. The conference 
     agreement includes House language that requires prior written 
     notification of the source of funds in any future drawdown. 
     The conferees note that the net remaining drawdown authority 
     under the Afghan Freedom Support Act of $135,000,000.
       The conferees agree to retain section 1308, as proposed by 
     the Senate, which provides that funds appropriated in this 
     Act are deemed specifically authorized for the purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414). The House included similar language.
       The conferees agree to retain and amend section 1309, as 
     proposed by the House and the Senate, which allows for the 
     use of $63,500,000 of the amounts available to the Department 
     of Defense to reimburse appropriations accounts for the value 
     of support provided under the Iraq Liberation Act of 1998. 
     Senate language is also included that provides for specific 
     transfer authority in addition to other transfer authorities 
     available to the Department of Defense. The conference report 
     amends House language that provides that the aggregate value 
     of drawdown authority in fiscal year 2003 may not exceed 
     $86,500,000. The Department of Defense is required to provide 
     the congressional defense committees written notification not 
     later than seven days following the use of the drawdown 
     authority under the Iraq Liberation Act of the sources of the 
     funds to be used for such purpose. The conferees note that 
     the net remaining drawdown authority available in fiscal 
     years 2003 and 2004 under the Iraq Liberation Act of 1998 is 
     $120,000,000.
       The conference agreement includes a new provision, section 
     1310, similar to language in the House bill and the Senate 
     amendment that provides guidance and restrictions on the use 
     of up to $1,400,000,000 for the reimbursement of key 
     cooperating nations, as discussed elsewhere in this 
     Statement.
       The conferees agree to include a new provision, section 
     1311, regarding additional transfer authority for funds 
     provided in this chapter. While the conferees believe that 
     the allocation of funding recommended in this bill will 
     closely reflect the needs of the military services, they also 
     recognize that the unpredictable nature of conflict could 
     require some reallocation of funds. As such, the conference 
     agreement provides the Secretary of Defense with an 
     additional $2,000,000,000 in transfer authority for the funds 
     provided in this chapter. The conferees direct that the use 
     of this transfer authority should be in accordance with the 
     restrictions in section 8005 of the fiscal year 2003 
     Department of Defense Appropriations Act (PL 107-248). 
     Furthermore, the conferees direct that the Defense Department 
     shall comply with accepted reprogramming practices to include 
     the submission of DD Form 1415 prior approval reprogramming 
     requests in using this expanded authority.
       The conferees agree to retain section 1312, as proposed by 
     the Senate, and deletes language as proposed by the House 
     which provides for notification 15 days after obligation of 
     military construction funds in excess of $7,500,000.
       The conferees agree to amend section 1313, as proposed by 
     the House, which transfers all balances of funds remaining in 
     the ``Defense Emergency Response Fund'' on October 31, 2003 
     to the ``Iraq Freedom Fund''.
       The conferees agree to delete language, as proposed by the 
     Senate, that would have allowed for the use of unobligated 
     Cooperative Threat Reduction funds outside the states of the 
     former Soviet Union. The House bill did not address this 
     matter.

[[Page 9760]]

       The conferees agree to amend and retain section 1314, which 
     amends three sections as proposed by the Senate, making 
     certain technical adjustments regarding funds in the fiscal 
     year 2003 Department of Defense Appropriations Act (P.L. 107-
     248).
       Conferees agree to retain section 1315, as proposed by the 
     Senate, which makes a technical correction to the National 
     Defense Authorization Act of 2003 with respect to certain 
     multi-year services contracts.
       The conferees agree to retain section 1316, as proposed by 
     the Senate, which increases the monthly allowance for 
     Imminent Danger Pay and Family Separation Allowance for 
     fiscal year 2003.
       The conferees agree to delete language, as proposed by the 
     Senate, which provided $7,500,000 for the Armed Forces 
     Institution of Pathology (AFIP) and halted any decrease in 
     the number of personnel, but expect the Department of Defense 
     to provide sufficient funds and personnel to meet the mission 
     of AFIP through the end of this fiscal year.
       The conferees agree to retain section 1317, as proposed by 
     the Senate, which rescinds $3,400,000 of the Public Law 107-
     248 ``Research, Development, Test and Evaluation, Navy'' 
     appropriation, for Treatment of Radiation Sickness Research.
       The conferees agree to retain and amend section 1318, as 
     proposed by the Senate, which provides certain authorities to 
     cover travel and transportation benefit for family members of 
     military personnel injured during Operation Noble Eagle, 
     Operation Enduring Freedom, or Operation Iraqi Freedom.
       The conferees agree to retain section 1319, as proposed by 
     the Senate, which provides certain authorities for the 
     procurement of civilian attire for medically evacuated 
     military personnel.
       The conferees agree to retain section 1319, as proposed by 
     the Senate, which provides certain authorities for the 
     procurement of civilian attire for medically evacuated 
     military personnel.
       The conferees agree to delete section 607 of title VI in 
     the Senate pass bill.

                               CHAPTER 4

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                   operation and maintenance, general

       The conference agreement provides $39,000,000 to support 
     increased security measures at Corps of Engineers owned and 
     operated infrastructure facilities instead of $29,000,000 as 
     proposed by the Senate.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      water and related resources

       The conference agreement provides $25,000,000 to support 
     increased security measures at Bureau of Reclamation owned 
     and operated infrastructure facilities as proposed by the 
     Senate. The conferees expect that the funds provided in this 
     act will be used primarily for facility hardening activities, 
     additional vulnerability assessments, and guards and law 
     enforcement.

                          DEPARTMENT OF ENERGY

                            Energy Programs


                                science

       The conference agreement provides an additional $11,000,000 
     for the Office of Science to enhance safeguards and security 
     at its laboratories, to meet the requirements of a revised 
     design basis threat, to fund the costs of maintaining those 
     facilities at an elevated security condition in fiscal year 
     2003, and for other purposes.

                    Atomic Energy Defense Activities

                National Nuclear Security Administration


                           weapons activities

       The conference agreement includes $67,000,000 for the 
     National Nuclear Security Administration (NNSA) to meet 
     increased safeguards and security needs throughout the 
     nuclear weapons complex. The funding provided includes 
     $20,000,000 for the activities of the Secure Transportation 
     Asset and $47,000,000 to meet increased safeguards and 
     security needs throughout the nuclear weapons complex.

                    Defense Nuclear Nonproliferation

       The conference agreement provides $148,000,000 for Defense 
     Nuclear Nonproliferation activities by the National Nuclear 
     Security Administration. This funding includes: $84,000,000 
     under the International Nuclear Materials Protection and 
     Cooperation program to develop and deploy radiation detectors 
     at mega seaports, in coordination with the Department of 
     Homeland Security, Bureau of Customs and Border Protection; 
     $17,000,000 to expand efforts under the International Nuclear 
     Materials Protection and Cooperation program to secure 
     radioactive materials that may be used to construct a 
     radioactive dispersal device (RDD), and to develop standards 
     for the cleanup of contamination resulting from a potential 
     RDD event; $15,000,000 under Nonproliferation and 
     International Security Assistance to expand nonproliferation 
     assistance to countries other than the former Soviet Union; 
     $15,000,000 under Nonproliferation and Verification R&D for 
     nuclear nonproliferation programs, including $2,500,000 for 
     the Caucasus Seismic Network; $5,000,000 under 
     Nonproliferation and International Security for international 
     export controls; $5,000,000 under International Nuclear 
     Materials Protection and Cooperation to support activities in 
     Iraq; $5,000,000 under Nonproliferation and Verification R&D 
     for materials and devices to detect nuclear materials; and 
     $2,000,000 under Nonproliferation and International Security 
     to conduct vulnerability assessments for spent nuclear fuel 
     casks.

               Environmental and Other Defense Activities


         defense environmental restoration and waste management

       The conference recommendation provides $6,000,000 for the 
     Office of Environmental Management to meet safeguards and 
     security requirements at its defense cleanup and waste 
     disposal sites.

                        Other Defense Activities

       The conference recommendation provides $4,000,000 under 
     Other Defense Activities, including $1,000,000 for additional 
     security testing by the Office of Independent Oversight and 
     Performance Assessment, and $3,000,000 to meet increased 
     intelligence and counterintelligence mission requirements.

                               CHAPTER 5

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


           united states agency for international development

                child survival and health programs funds

       The conference agreement appropriates $90,000,000 as 
     proposed by the Senate instead of $40,000,000 as proposed by 
     the House. The recommended level is provided to reimburse the 
     account for funds previously borrowed and provided to 
     preposition personnel and commodities to address humanitarian 
     needs anticipated prior to the commencement of the conflict 
     with Iraq. The conferees include language that provides that 
     funds are made available until September 30, 2004.


                   international disaster assistance

       The conference agreement appropriates $143,800,000, to 
     remain available until expended, instead of $160,000,000 as 
     proposed by the House and $112,500,000 as proposed by the 
     Senate. These funds include $112,500,000 to reimburse the 
     account for funds used to preposition in the vicinity of Iraq 
     the necessary personnel, supplies and commodities required to 
     rapidly commence implementation of humanitarian assistance in 
     Iraq.
       The conference agreement includes language requested by the 
     President that would allow additional ``borrowing'' from 
     other foreign assistance accounts within this Act. In the 
     event that additional ``borrowing'' is contemplated, the 
     conferees expect to be consulted by USAID simultaneously with 
     the initiation of any discussions with the Office of 
     Management and Budget.


        united states emergency fund for complex foreign crises

       The President requested $150,000,000 for a new United 
     States Emergency Fund for Complex Foreign Crises. The Senate 
     provided the President's request; the House did not. The 
     conferees believe that this request should be considered 
     within the context of the fiscal year 2004 appropriations and 
     authorization processes and therefore do not provide funds 
     for this initiative in fiscal year 2003. The conference 
     agreement distributes amounts requested for this account to 
     similar existing accounts and the new Iraq Relief and 
     Reconstruction Fund (Iraq Fund).


   operating expenses of the united states agency for international 
                              development

       The conference agreement appropriates $24,500,000 for 
     Operating Expenses of United States Agency for International 
     Development instead of $23,000,000 as proposed by the House 
     and $23,600,000 as proposed by the Senate. These funds are to 
     be used to implement programs recommended elsewhere in this 
     chapter and for security costs in Afghanistan and Pakistan. 
     The conferees intend for $1,000,000 to be provided to 
     reimburse the USAID Bureau for Asia and the Near East for 
     costs incurred in connection with the evacuation of its 
     mission in Jakarta, Indonesia, for which no request was 
     received.
       Not less than $3,500,000 from this account may be 
     transferred and merged with ``Operating Expenses of the 
     United States Agency for International Development Office of 
     Inspector General'' to support financial and program audits 
     of the Iraq Relief and Reconstruction Fund. The conferees 
     expect the Inspector General of USAID to monitor, in 
     particular, the contracts and awards that utilize the Iraq 
     Fund, and to report promptly to the Committees any credible 
     information he may receive regarding impediments to rapid 
     program implementation or irregularities in contracting. In 
     making awards to contractors engaged in the reconstruction of 
     Iraq, the conferees request the Administrator of the U.S. 
     Agency for International Development to actively seek to 
     include significant participation by small, minority, and 
     disadvantaged American-owned business enterprises.

                  Other Bilateral Economic Assistance

                  Funds Appropriated to the President

                  Iraq Relief and Reconstruction Fund


                     (including transfers of funds)

       The conference agreement appropriates to the President 
     $2,475,000,000 for a new Iraq Relief and Reconstruction Fund, 
     to remain

[[Page 9761]]

     available until September 30, 2004, instead of $2,483,300,000 
     as proposed by the House and $2,468,300,000 as proposed by 
     the Senate.
       The conferees note that this appropriation, some of which 
     is requested to meet immediate relief requirements, is likely 
     to be a downpayment on a much larger United States 
     contribution toward the longer-term reconstruction of Iraq.
       As requested by the President, the Iraq Relief and 
     Reconstruction Fund (the Iraq Fund) will be used for such 
     programs as (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 the 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.
       The conferees expect that initial obligations from the Iraq 
     Fund will focus on the first six priorities listed above, 
     especially water/sanitation infrastructure. The conferees 
     expect the Office of Foreign Disaster Assistance in 
     cooperation with the Office of Reconstruction and 
     Humanitarian Assistance to initially focus on provision of 
     clean water, food, electricity and other forms of direct 
     relief to vulnerable communities. As regions of Iraq are 
     declared to be secure by the United States Central Command, 
     economic stabilization technical assistance of the Department 
     of the Treasury and longer-term reconstruction activities the 
     United States Agency for International Development would be 
     mobilized within Iraq.
       The conference agreement designates the Iraq Fund as 
     bilateral economic assistance under the authorities of the 
     Foreign Assistance Act of 1961, as amended. The funds are 
     appropriated to the President who customarily has apportioned 
     them to the Department of State and the United States Agency 
     for International Development. Because of the special 
     circumstances in Iraq, the conferees also provide for direct 
     apportionment from the Fund, as necessary, to the Departments 
     of Treasury, Defense, and Health and Human Services for 
     activities such as Treasury technical assistance, Army Corps 
     of Engineers, civil affairs team grants, and for deployment 
     of personnel of the Centers for Disease Control.
       The conferees request that the relevant officials of the 
     Departments of the Treasury, Defense, and Health and Human 
     Services promptly consult with the Subcommittee on Foreign 
     Operations, Export Financing, and Related Programs regarding 
     modalities for provisions of financial data regarding Iraq 
     activities under this account, including memoranda of 
     understanding with the USAID Inspector General and 
     notification documentation. The conference agreement also 
     provides that obligations from the Iraq Fund are subject to 
     notification to the Committees on Appropriations 5 days in 
     advance of the obligation of such funds. The conferees intend 
     such notifications to be treated by the Administration as 
     having the same force and effect as notifications provided to 
     the Committees on Appropriations in accordance with the 
     Committees' regular notification procedures.
       In addition, transfers to agencies other than the 
     Department of State and USAID under section 632 of the 
     Foreign Assistance Act and under the general provisions of 
     this chapter are made subject to notification procedures of 
     the Committees on Appropriations.
       The conference agreement includes language directing that 
     the Iraq Fund shall be used to fully and promptly reimburse 
     accounts administered by the Departments of State and 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. In particular, $150,000,000 
     ``borrowed'' for purchase of food under the authority of 
     section 507 of the fiscal year 2003 Foreign Operations, 
     Export Financing and Related Programs Appropriations Act from 
     the Development Assistance account and the Economic Support 
     Fund should be reimbursed without delay. The conferees expect 
     rapid reimbursement of an additional $50,000,000 that was 
     ``borrowed'' from the Development Assistance account for Iraq 
     assistance under the provisions of section 492(b) of the 
     Foreign Assistance Act.
       The conference agreement provides that funds made available 
     for rehabilitation and reconstruction in Iraq should include 
     assistance to families of innocent Iraqi civilians who suffer 
     losses as a result of the military operations. The managers 
     intend that USAID and the Department of State, in 
     coordination with the Department of Defense and 
     nongovernmental organizations, will seek to identify families 
     of non-combatant Iraqis who were killed or injured or whose 
     homes were damaged during recent military operations, and to 
     provide appropriate assistance.
       The conference agreement also includes a general provision 
     requiring two reports from the President: (1) within 30 days 
     of enactment on this Act on the proposed Iraq Fund management 
     structure and (2) within 45 days on strategies for 
     reconstruction and the establishment of an independent civil 
     government in Iraq, coordination with other governments and 
     international organizations, burden-sharing, and estimated 
     costs.
       Beginning not later than 90 days following enactment of 
     this Act and every 90 days thereafter until September 2004, 
     the conference agreement requires the President to submit 
     periodic reports on significant ongoing and proposed United 
     States-funded reconstruction activities in Iraq and the 
     extent of financial pledges and actual contributions for 
     assistance in Iraq by foreign governments and international 
     organizations.


                         economic support fund

       The conference agreement appropriates $2,422,000,000 
     instead of $2,342,000,000 as proposed by the House and 
     $2,357,900,000 as proposed by the Senate.
       The conference agreement includes not less than 
     $700,000,000 for Jordan, as proposed by both the Senate and 
     the House.
       The conference agreement includes $300,000,000, to remain 
     available until September 30, 2005, only for grants to Egypt, 
     which may be used to guarantee loans of not to exceed 
     $2,000,000,000 as proposed by both the House and Senate. The 
     conference agreement: (1) provides that all fees associated 
     with Egypt's loan guarantees shall be paid by the Government 
     of Egypt to the Government of the United States; (2) allows 
     funds in this Act and prior appropriated funds for Egypt to 
     be used for the cost of loan guarantees; (3) provides that 
     the President should take into consideration budgetary and 
     economic reforms undertaken by Egypt; and (4) provides that 
     loan guarantees are backed by the full faith and credit of 
     the United States.
       The conference agreement includes permissive language that 
     allows the President to provide not to exceed $1,000,000,000 
     for Turkey similar to the Senate bill and the same as the 
     House bill. These funds remain available until September 30, 
     2005 and may be used to provide or guarantee loans up to 
     $8,500,000,000. The conferees agree to the Senate provision 
     that any balance of funds not made available to Turkey under 
     this paragraph shall be transferred to, and merged with, 
     funds appropriated for the Iraq Relief and Reconstruction 
     Fund.
       The conference agreement provides that none of the funds 
     for Turkey in this Act under the Economic Support Fund may be 
     made available 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 the 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 forces into northern Iraq.
       The conference agreement also: (1) allows funds in this Act 
     and prior appropriated funds for Turkey to be used by the 
     Government of Turkey to pay the United States for all fees 
     associated with loans and loan guarantees; (2) provides that 
     the President should take into consideration budgetary and 
     economic reforms undertaken by Turkey; and (3) specifies that 
     loan guarantees are backed by the full faith and credit of 
     the United States.
       The conference agreement includes not less than $30,000,000 
     for assistance for the Philippines to further the prospects 
     for peace in Mindanao. The Senate Bill included $50,000,000 
     for this purpose and the House bill did not address this 
     issue. The conferees endorse the Senate report language 
     related to this assistance.
       The conference agreement includes $167,000,000 for 
     Afghanistan to continue efforts to support security and 
     economic growth in that nation, of which up to $100,000,000 
     is provided to accelerate the completion of the major Kabul-
     Kandahar road; $10,000,000 is provided, as necessary, for 
     grants by provincial reconstruction teams; and $57,000,000 is 
     provided for implementation of the Bonn electoral process and 
     operational support for the Afghanistan Government.
       The conferees note the continued importance of ensuring 
     that women are active participants in all facets of the 
     reconstruction process in Afghanistan, particularly as the 
     Afghan people assume greater responsibility for Afghan 
     development. The conferees support efforts by women-led, 
     Afghan nongovernmental organizations to expand their capacity 
     to manage critical programs and services. The conferees also 
     urge that United States funds be used to bolster the role of 
     women in the Bonn electoral process.
       The conference agreement includes $10,000,000 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. 
     This proviso is similar to language included in the Senate 
     bill as section 505. The House bill did not address this 
     issue. The conferees request that not later than 120 days 
     after enactment of this Act the Secretary of State report to 
     the Committees on Appropriations on plans for the prosecution 
     of these individuals.

[[Page 9762]]

       The conference agreement also includes $40,000,000 to 
     reimburse the Economic Support Fund account for resources 
     advanced to fund supplies, commodities and services prior to 
     the conflict in Iraq.
       As all fiscal year 2003 funds that were transferred from 
     this account to accommodate prepositioning of Iraq relief and 
     reconstruction are being fully reimbursed and restored by 
     this Act, the conferees expect the Department of State to 
     revise its current 653(a) country allocation report, 
     consistent with the intent of Congress in Division E of 
     Public Law 108-7 and House Report 108-10, with regard to the 
     Special Court for Sierra Leone, the Muslim Exchange Program, 
     and technical assistance to implement the Kimberley Process 
     Certification Scheme.

                       Loan Guarantees to Israel

       The conference agreement includes $9,000,000,000 in loan 
     guarantees for Israel during the period beginning March 1, 
     2003 and ending September 30, 2005 as included in both the 
     House and Senate bills. Of this assistance, $3,000,000,000 
     may be issued in fiscal year 2003 or thereafter, and 
     $3,000,000,000 may be issued subsequent to September 30, 
     2004. The conference agreement provides that these guarantees 
     shall be backed by the full faith and credit of the United 
     States. The agreement restricts these resources to support 
     activities in the geographic areas which were subject to the 
     administration of the Government of Israel before June 5, 
     1967 and that guarantees may be reduced for any activities 
     that the President of the United States 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, 
     as was proposed by the House and Senate bills. The conference 
     agreement provides that the President shall take into 
     consideration budgetary and economic reforms undertaken by 
     Israel. The conferees expect the State Department to provide 
     to the appropriate Committees of Congress any letters of 
     understanding reached between the government of the United 
     States and Israel on economic reform measures and settlement 
     related activities that pertain to the issuance of these loan 
     guarantees.
       As was previously the case with the 1992 loan guarantees, 
     all associated fees are to be paid by the Government of 
     Israel to the United States Government, and the conference 
     agreement includes language, not in the House or Senate 
     bills, clarifying that the interest rate for loans guaranteed 
     may include a reasonable fee to cover the costs and fees 
     incurred by the borrower in connection with this financing.

                          Department of State


          International Narcotics control and Law Enforcement

       The conference agreement appropriates $25,000,000 as 
     proposed by the House and the Senate. These funds would 
     remain available for obligation until September 30, 2004, as 
     proposed by the House and the Senate.


                     Andean Counterdrug Initiative

       The conference agreement appropriates $34,000,000 as 
     proposed by the House and the Senate. The conference 
     agreement provides that funds shall remain available for 
     obligation until September 30, 2004 as proposed by the House 
     and by the Senate.
       The conferees are concerned with reports of rising numbers 
     of impoverished Colombians who are displaced from their homes 
     as a result of armed conflict. Therefore, the conference 
     agreement provides that not less than $5,000,000 should be 
     made available for assistance to these people, and encourages 
     USAID and the State Department's Bureau of Population, 
     Refugees and Migration to support organizations such as the 
     League of Displaced Women in Bolivar, which work to protect 
     the rights and needs of displaced women and children.

     United States Emergency Refugee and Migration Assistance Fund

       The conference agreement appropriates $80,000,000 as 
     proposed by the House instead of $75,000,000 as proposed by 
     the Senate. The President has drawn down $40,000,000 to date 
     from ERMA for Iraq-related costs. Including the President's 
     request for ERMA replenishment, the ERMA balance is 
     considerably lower than recent historical levels. Therefore 
     the conferees recommend an additional $40,000,000 for ERMA to 
     meet unforeseen emergency needs.


    Nonproliferation, Anti-Terrorism, Demining, and Related Programs

       The conference agreement appropriates $28,000,000 as 
     proposed by the House and the Senate for Nonproliferation, 
     Anti-Terrorism, Demining and Related Programs.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                   Foreign Military Financing Program

       The conference agreement recommends $2,059,100,000 for 
     Foreign Military Financing Program as provided by the House 
     and Senate.
       The conference agreement includes not less than 
     $1,000,000,000 for grants only for Israel, requires these 
     funds to be disbursed within 30 days of enactment of this 
     Act, and specifies $263,000,000 of this allocation shall be 
     available for acquisition of defense services and articles in 
     Israel. The conference agreement also provides not less than 
     $406,000,000 for Jordan.
       The conference agreement assumes the following allocations 
     as supported in the House and Senate reports; $170,000,000 
     for Afghanistan to train, equip and support the Afghan 
     National Army; $175,000,000 to provide Pakistan with improved 
     border security and counter-terrorism capabilities, and 
     $30,000,000 for counter-terrorism assistance to the 
     Philippines.
       The conferees agree to Senate language that provides up to 
     $20,000,000 may be transferred to and merged with the Andean 
     Counterdrug Initiative account for aircraft, training and 
     other assistance for the Colombian Armed Forces.
       The conferees have included language requiring regular 
     notification procedures of the Committees on Appropriations 
     in advance of commitment of funds and clarifying the basis 
     for such notifications. The Senate bill included language 
     that required notification in advance of obligation of funds 
     and the House did not address the issue.
       The conferees expect that notifications to the Committees 
     of deviation from the notification report in terms of the 
     amount, and significant deviation in terms of the kind of 
     assistance being provided, will be transmitted to the 
     Committee five days in advance of commitment.


                        peacekeeping operations

       The conference agreement appropriates $100,000,000 for 
     Peacekeeping Operations instead of $115,000,000 as provided 
     by the House and $150,000,000 as recommended by the Senate. 
     The conferees include language that provides that the funds 
     are available until September 30, 2004. The conferees note 
     that the supplemental budget request provided little detail 
     in support of the $200,000,000 request. The conferees note 
     that section 1501 provides not to exceed $100,000,000 in 
     transfer authority should peacekeeping activities occur in 
     excess of the amounts provided in this agreement.

                    GENERAL PROVISIONS--THIS CHAPTER

       Under section 1501, the conference report includes language 
     similar to section 501 of the Senate amendment that allows 
     transfers among certain international assistance programs in 
     this chapter in an amount not to exceed $100,000,000. The 
     section requires consultation and a five-day notification. 
     The Senate amendment included an amount not to exceed 
     $200,000,000 and the House bill did not address this matter.
       Under section 1502 of the general provisions, language is 
     included similar to that in the House bill and Senate 
     amendment that would extend the authority to provide 
     assistance for Iraq notwithstanding any other provision of 
     law. The conference agreement provides that funds made 
     available for assistance for Iraq under this chapter are 
     subject to section 553 of Public Law 108-7. However, the 
     conferees recognize that the uniquely insecure conditions in 
     Iraq may necessitate some modification of normal vetting 
     procedures under section 553 until the security conditions 
     improve.
       Use of the notwithstanding provision in section 1502 is 
     subject to a five day notification in advance of obligation. 
     Similar to the House provision, the section allows a waiver 
     of notification in the case of substantial risk to human 
     health or welfare.
       The conference agreement, under section 1503, includes a 
     provision similar to the House bill that would make 
     inapplicable the Iraq Sanctions Act of 1990 and authorize the 
     President to make inapplicable with respect to Iraq section 
     620A and section 307 of the Foreign Assistance Act with 
     respect to Iraq. The conference agreement includes a 
     provision similar to that proposed by the House and Senate 
     stating that nothing in this section shall affect the 
     applicability of the Iran-Iraq Arms Non-Proliferation Act of 
     1992, but the conferees allow for an exception as it applies 
     to humanitarian assistance and supplies. The purpose of this 
     proviso is to clarify that the suspension of the Iraq 
     Sanctions Act is not intended to affect the continued 
     applicability of that Act to Iran pursuant to section 1603 of 
     the Iran-Iraq Arms Non-Proliferation Act of 1992. The 
     exception in the proviso for humanitarian assistance and 
     supplies will permit, notwithstanding section 1603, the 
     issuance of export licenses for Iran that support the 
     provision of humanitarian assistance and supplies to Iraq. 
     The conference agreement provides that military equipment as 
     defined by Title XVI, section 1608(1)(A) of Public Law 102-
     484 shall not be exported. The conference agreement requires 
     that the exercise of authorities of section 1503 are subject 
     to notification, and the conferees require a periodic report 
     containing a summary of all licenses approved for export to 
     Iraq if the item is on the Commerce Control List contained in 
     the Export Administration Regulations, including the 
     identification of end users of such items. The conferees do 
     not intend for the authorities contained in this section to 
     be permanent, and the section will expire on September 30, 
     2004 unless a prior Iraq authorization bill has been enacted 
     that amends, repeals or makes the section inapplicable.
       Under section 1504, the conference agreement provides for 
     the export to Iraq of any nonlethal military equipment 
     notwithstanding any other provision of law. The

[[Page 9763]]

     conference agreement provides an exception to the non-lethal 
     military equipment limitation for equipment designated by the 
     Secretary of State for use by a reconstituted (or interim) 
     Iraqi military or police force. The conferees intend that 
     such exports be limited to small arms and ammunition.
       The section provides the President with the flexibility to 
     authorize exports to Iraq upon determining that they are in 
     the national interest of the United States. The conferees do 
     not intend for the authority contained in this section to be 
     permanent, and the section will expire on September 30, 2004 
     unless a prior authorization bill has been enacted that 
     amends, repeals or makes the section inapplicable.
       The conference agreement does not include section 505 of 
     the Senate amendment. This provision is addressed under the 
     Economic Support Fund. The House did not address this matter.
       The conference agreement does not include section 506 of 
     the Senate amendment that expressed the Sense of the Senate 
     regarding the awarding of contracts and grants for relief and 
     reconstruction in Iraq from funds in this chapter. The House 
     addressed this matter in section 3002 of Title III.
       The conference agreement does not include section 507 of 
     the Senate amendment that expressed the Sense of the Senate 
     that reconstruction of Iraq should be funded from Iraqi oil 
     revenues. The House did not address this matter.
       Under section 1505 the conference agreement amends current 
     law restrictions on fiscal year 2003 funding for Ukraine to 
     limit assistance to the central Government of Ukraine if the 
     Secretary of State reports that the Government of Ukraine has 
     facilitated arms sales or arms transfers to Iraq. The Senate 
     proposed a waiver of current law, and the House did not 
     address this matter.
       Under section 1506 the conference agreement requires 
     reports related to United States and other activities in Iraq 
     and associated costs.

                               CHAPTER 6

          Homeland Security Appropriations, 2003 Supplemental

       The conference agreement on the Homeland Security chapter 
     of the Emergency Wartime Supplemental Appropriations Act, 
     2003, incorporates some of the language and allocations set 
     forth in House Report 108-55 and some of the language and 
     allocations set forth in Senate Report 108-33. The language 
     in House Report 108-55 and Senate Report 108-33 should be 
     complied with unless specifically addressed in the 
     accompanying statement of managers.
       Throughout the accompanying explanatory statement, the 
     managers refer to the Committee and Committees on 
     Appropriations. Unless otherwise noted, in both instances, 
     the managers are referring to the House Subcommittee on 
     Homeland Security and the Senate Subcommittee on Homeland 
     Security.

                    DEPARTMENT OF HOMELAND SECURITY

                        Departmental Management


                         counterterrorism fund

       The conferees agree to provide $150,000,000 for the 
     Counterterrorism Fund, instead of $1,135,000,000 as proposed 
     by the Senate. The Counterterrorism Fund exists to reimburse 
     any Department of Homeland Security organization for the 
     unanticipated costs of providing support to prevent, counter, 
     investigate, respond to, or prosecute unexpected threats or 
     acts of terrorism. Funds shall remain available until 
     expended, but may not be obligated until 15 days after 
     notification of the Committees on Appropriations. In 
     addition, the funds are subject to the reprogramming 
     requirements set forth in Section 1601 of this chapter.

                  Citizenship and Immigration Services


                           operating expenses

       The conferees agree to provide $3,000,000 for additional 
     expenses related to Operation Liberty Shield, instead of 
     $1,000,000 as proposed by the House. Funds shall remain 
     available until expended, but may not be obligated until 15 
     days after notification of the Committees on Appropriations.

                      United States Secret Service


                           operating expenses

       The conferees agree to provide $30,000,000 for additional 
     expenses related to Operation Liberty Shield, as proposed by 
     the House. Funds shall remain available until expended, but 
     may not be obligated until 15 days after notification of the 
     Committees on Appropriations.

                   Border and Transportation Security


                     customs and border protection

       The conferees agree to provide $333,000,000 for additional 
     expenses related to Operation Liberty Shield and for other 
     homeland security purposes, instead of $428,000,000 as 
     proposed by the House. Funds shall remain available until 
     expended, but may not be obligated until 15 days after 
     notification of the Committees on Appropriations. This amount 
     includes $35,000,000 to support the Container Security 
     Initiative and $25,000,000 to fully fund the transfer of 285 
     Border Patrol Agents to the Northern Border.
       In addition, the conferees include $60,000,000 for the cost 
     of additional inspectors and associated positions on the 
     Northern Border and at maritime ports of entry, and 
     $90,000,000 for portal radiation detection and monitoring 
     technology and non-intrusive inspection technology. In 
     addition to the requirement for a 15-day prior notification, 
     the conferees direct that none of these funds may be 
     obligated (1) for additional personnel until the Commissioner 
     of the Bureau of Customs and Border Protection submits to the 
     Committees on Appropriations a detailed budget execution plan 
     for hiring and deploying the additional personnel, including 
     timeframe and locations; or (2) for new detection, monitoring 
     and inspection technology until the Commissioner submits to 
     the Committees a revised technology investment plan that 
     includes the impact of this additional funding on agency 
     performance, as well as proposed deployment schedules and 
     locations.


              commercial vehicle screening at key bridges

       The conferees are concerned about the vulnerability of 
     bridge ports of entry on the U.S-Canada border to vehicle 
     traffic that might contain radioactive material and direct 
     the Bureau of Customs and Border Protection to implement its 
     current plan to install a portal radiation monitor in May of 
     2003 at the Blue Water Bridge port of entry at Port Huron, 
     Michigan. The conferees also direct that inspectors at the 
     port of entry be fully trained in the detection of 
     radioactive materials in cargo and equipped, as appropriate, 
     with both personal radiation detectors and isotope 
     identifiers. Because commercial motor vehicles carrying 
     municipal solid waste may be used intentionally or 
     accidentally to transport radioactive or other hazardous 
     material, the conferees direct the Bureau to screen and 
     inspect such vehicles as necessary to enforce federal law 
     and, as appropriate, State law governing such traffic. The 
     Bureau should give particular attention to traffic using the 
     Ambassador Bridge port of entry in Detroit, Michigan, and the 
     Blue Water Bridge port of entry in Port Huron, Michigan. The 
     Bureau of Customs and Border Protection shall also reevaluate 
     whether municipal solid waste should continue to be 
     classified as a ``low risk commodity'' under the Border 
     Release Advanced Screening and Selectivity (BRASS) System.


                  immigration and customs enforcement

       The conferees agree to provide $170,000,000 for additional 
     expenses related to Operation Liberty Shield and related 
     homeland security missions, instead of $185,000,000 as 
     proposed by the House. Funds shall remain available until 
     expended, but may not be obligated until 15 days after 
     notification of the Committees on Appropriations. This amount 
     includes $15,000,000 for additional special agents, 
     intelligence analysts, and air and marine enforcement 
     personnel at the Northern Border and maritime ports of entry. 
     However, none of these funds may be obligated until the 
     Assistant Secretary for Immigration and Customs Enforcement 
     submits to the Committees on Appropriations a detailed budget 
     execution plan for hiring and deploying the additional 
     personnel, including timeframe and locations.


                           entry exit system

       The Department has not formally submitted a budget 
     execution plan for the use of the $380,000,000 appropriated 
     for the Entry Exit project as provided by Public Law 108-7. 
     However, in order to avoid significant delays, the conferees 
     approve the Department's use of up to $5,000,000 of these 
     funds to support contract work on critical prerequisite 
     elements to include privacy impacts, system security, cost-
     benefit analysis, statement of work, and systems requirements 
     specifications. The conferees direct that no additional 
     obligations shall be made until an expenditure plan has been 
     approved by the Department and by the Office of Management 
     and Budget, reviewed by the General Accounting Office (GAO), 
     and approved by the Committee on Appropriations. Such plan 
     must meet the requirements specified in Public Law 108-7, 
     with the exception that availability of these funds for 
     obligation and expenditure shall be governed by reprogramming 
     guidelines set forth in Section 1601 of this Act. The 
     conferees expect that the expenditure plan will contain 
     sufficient detail and documentation to explain planned 
     capabilities and benefits, timeframes for delivery, costs, 
     and progress in meeting prior expenditure plan targets. The 
     plan should also describe the management actions being taken 
     to assure that the Entry Exit system will meet established 
     goals for system capability, benefits, schedule, and cost. 
     The conferees also direct that the Bureau and Department, in 
     their quarterly briefings to the Committee, include 
     information on any changes in previously submitted 
     expenditure plans and documentation.
       As the Entry Exit project is now the responsibility of the 
     Department of Homeland Security, the conferees direct the 
     Department to develop a close cooperative working 
     relationship with GAO. In order for GAO to support the 
     Committees in their oversight of this important and expensive 
     project, the Department should allow access to working 
     documents and consultation and Departmental, Directorate, 
     Bureau and project staff on a routine, confidential and 
     professional basis prior to submission of spending plans to 
     the Committees. The Department

[[Page 9764]]

     should establish the same relationship with GAO on Entry Exit 
     as has been established with the Automated Commercial 
     Environment (ACE) project. The Committees on Appropriations 
     will take no action on funding requests until GAO has 
     completed its review of proposed plans and shares its 
     evaluation with the Committees. If GAO has been permitted to 
     develop sufficient understanding of the overall management of 
     the Entry Exit program, and is provided adequate information 
     of a plan before its submission, the review should be 
     completed within 30 days. If GAO is afforded insufficient 
     advance information, the time will be as long as reasonably 
     required for GAO to conduct its review to assess compliance 
     of the plan with established requirements.

                 Transportation Security Administration

       The conferees agree to provide $665,000,000 for the 
     Transportation Security Administration (TSA) instead of 
     $390,000,000 as proposed by the House. Funds shall remain 
     available until expended but may not be obligated until 15 
     days after notification of the Committees on Appropriations. 
     The Act includes funding for critically needed transportation 
     security requirements as follows:

Physical modifications of commercial service airports to install 
  checked baggage explosive detection machines.............$235,000,000
Port security grants.........................................20,000,000
Passenger screener hiring, training, and related costs......280,000,000

       No funding has been provided in this Act to hire additional 
     staff, particularly aviation screeners, or to otherwise 
     supplement previously appropriated funding for TSA staffing 
     requirements.


                 fiscal year 2003 funding requirements

       By May 1, 2003, the conferees direct the Administrator of 
     the Transportation Security Administration to submit a budget 
     execution plan, approved by the Office of Management and 
     Budget, detailing spending levels, by budget line item, 
     program, project, and activity. The conferees expect the 
     budget line items included in this plan to be the same line 
     items informally submitted by TSA to the Committees on 
     Appropriations in July of 2002 and modified in December of 
     2002. In developing this budget execution plan, TSA should 
     detail the following: (1) fiscal year 2003 obligations by 
     budget line item as of March 31, 2003, (2) TSA's fiscal year 
     2003 yearly obligation estimates by budget line item, (3) how 
     the yearly estimates by budget line item were derived, and 
     (4) a detailed explanation of why and how these costs have 
     changed since the July and December 2003 budget documents. 
     The conferees expect all programs and activities specifically 
     funded by Congress either in bill or report language in 
     Public Laws 107-206 and 108-7 to be fully funded in this 
     plan. For those items that TSA believes should be 
     reprogrammed, a detailed explanation of why this 
     reprogramming should occur must accompany the plan. TSA shall 
     follow the reprogramming guidelines contained in this Act.


                          Port Security Grants

       The conferees are aware of approximately $1,000,000,000 in 
     port security requirements in the first year and 
     $4,400,000,000 over 10 years, as estimated by the Coast 
     Guard. To date, $368,000,000 has been appropriated to these 
     efforts and an additional $20,000,000 is provided in this 
     Act. However, TSA has only issued port security grants 
     totaling $93,000,000. The conferees direct TSA to issue 
     grants for the remainder of these previous appropriations no 
     later than 60 days after enactment of this Act.


                        trucking industry grants

       Of the funds provided under Public Law 108-7 for trucking 
     industry grants, the conferees direct that $20,000,000 (as 
     adjusted by section 601 of Division N of Public Law 108-7) be 
     used to fund nation-wide trucking security and safety 
     initiative utilizing the existing joint industry-government 
     Highway Watch program.


                        operation safe commerce

       Of the funds provided under Public Law 108-7 for Maritime 
     and Land Security, the conferees direct that $30,000,000 (as 
     adjusted by section 601 of Division N of Public Law 108-7) be 
     used for Operation Safe Commerce.

                Federal Law Enforcement Training Center


                           Operating Expenses

       The conferees agree to provide $2,000,000 for additional 
     expenses of the Federal Law Enforcement Training Center as 
     proposed by the House. Funds shall remain available until 
     expended, but may not be obligated until 15 days after 
     notification of the Committees on Appropriations.

                    Office for Domestic Preparedness

       The conferees agree to provide $2,230,000,000 for the 
     Office for Domestic Preparedness (ODP) instead of 
     $2,200,000,000 as proposed by the House and the Senate. The 
     conferees agree that none of these funds may be used for 
     construction activities and further agree that these funds 
     shall be used for purposes consistent with State domestic 
     preparedness plans.
       Within the amounts provided, the conferees include 
     $1,300,000,000 for a formula grant program to be allocated to 
     the States subject to Section 1014 of Public Law 107-56. The 
     conferees agree that funds shall be disbursed within 60 days 
     of enactment of this Act; the conferees further agree that 
     not less than 80 percent of funding provided to each State 
     shall be transferred to local governments within 45 days of 
     the State's receipt of funds.
       An additional $200,000,000 is provided for critical 
     infrastructure formula-based grants subject to Section 
     1014(c)(3) of Public Law 107-56. The conferees agree that 
     funds shall be disbursed within 60 days of enactment of this 
     Act; the conferees further agree that not less than 50 
     percent of funding provided to each State shall be 
     transferred to local governments within 45 days of the 
     State's receipt of funds.
       The conferees also provide $700,000,000 for discretionary 
     grants to high-threat, high-density urban areas, and for the 
     protection of critical infrastructure. The conferees expect 
     that ODP will allocate these funds no later than 30 days 
     after enactment of this Act. The conferees also agree that no 
     less than 80 percent of discretionary grants provided to any 
     State shall be transferred to local governments within 45 
     days of the State's receipt of funds. In making grants to 
     State and local governments, the conferees further direct the 
     Secretary of Homeland Security to take into consideration 
     credible threat, vulnerability, the presence of 
     infrastructure of national importance, population, and 
     identified needs of public agencies. Grants may be made to 
     single or multiple jurisdictions in the same urban area.
       Finally, the conferees agree to provide $30,000,000 for 
     direct technical assistance to States.
       The conferees agree that overtime expenses incurred and 
     related to heightened security levels are an eligible use of 
     funds provided for both critical infrastructure grants and 
     discretionary grants to high-threat, high-density urban areas 
     and for the protection of critical infrastructure.
       The conferees direct ODP to submit a plan, no later than 
     120 days after enactment of this Act, on overtime 
     accountability. This report shall include how overtime costs 
     in direct support of increased security can be properly 
     measured at the State and local government levels and a plan 
     for reimbursement of these expenses.
       In addition to reports to be submitted to the Committees on 
     Appropriations in accordance with Senate Report 108-33, the 
     conferees further direct the Department to provide a report 
     that lists all federal programs within the Department of 
     Homeland Security that make grants to States and/or local 
     governments, including those for emergency preparedness and 
     support for first responders, public health agencies, local 
     law enforcement agencies and other security providers. The 
     report shall be submitted by May 30, 2003 and include: (1) 
     the amount of funds appropriated for each of fiscal years 
     2002 and 2003; (2) the amount of appropriated funds that have 
     been obligated by the Department of Homeland Security and the 
     grantee and expended by the grantee; (3) the point of contact 
     in the federal government responsible for responding to 
     inquiries on the status of grant funds; and (4) the 
     administrative or other impediments that may delay the 
     obligation of grant funds.

                       United States Coast Guard


                           operating expenses

       The conferees agree to provide a total of $228,000,000 for 
     additional operating expenses of the Coast Guard instead of 
     $230,000,000 as proposed by the House and $580,000,000 as 
     proposed by the Senate. In addition to the $228,000,000 
     provided under this heading, $400,000,000 is provided to the 
     Coast Guard by transfer from the Department of Defense. Funds 
     shall remain available until expended, but may not be 
     obligated until 15 days after notification of the Committees 
     on Appropriations. Funds are provided as follows:

Deployment of Coast Guard personnel and assets overseas....$180,000,000
Military outload security...................................220,000,000
Targeted increase to homeland security activities related to Operation 
  Liberty Shield............................................180,000,000
Port security assessments....................................38,000,000
Merchant mariners documentation..............................10,000,000

       The conferees expect that the funding provided under this 
     act will allow the Coast Guard to complete port security 
     assessments at all tier one strategic ports.

                         Science and Technology

       The conferees direct the Under Secretary for Science and 
     Technology to prepare a program plan for the development of 
     an anti-missile device for commercial aircraft. The plan 
     should identify the process for delivery and certification of 
     a prototype and the proposed cost and schedule for such an 
     activity. The report should be provided to the Committees on 
     Appropriations within 30 days of enactment of this Act.

                  Emergency Preparedness and Response


                           operating expenses

       The conferees agree to provide $45,000,000 as proposed by 
     the House. Funds shall remain available until expended, but 
     may not

[[Page 9765]]

     be obligated until 15 days after notification of the 
     Committees on Appropriations.


              emergency management planning and assistance

       The conferees agree to provide $54,750,000 for the 
     Emergency Management Planning and Assistance account for 
     interoperable communications, instead of $109,500,000 as 
     proposed by the Senate. Funds may not be obligated until 15 
     days after notification of the Committees on Appropriations.

           Information Analysis and Infrastructure Protection


                           operating expenses

       The conferees agree to provide no funds for the Information 
     Analysis and Infrastructure Protection Directorate, instead 
     of $10,000,000 as proposed by the House.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1601. The conferees agree to modify a provision 
     proposed by the House providing reprogramming guidelines for 
     the Department of Homeland Security.
       Section 1601 requires the Department of Homeland Security 
     to promptly and fully inform the Committees on Appropriations 
     when a change in program execution and funding is required 
     during the fiscal year. To assist the Department in this 
     effort, the following guidance is provided for reprogramming 
     during fiscal year 2003.
       A reprogramming shall be submitted for any action that (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 in an appropriations Act or accompanying 
     reports of the House and Senate Committees on Appropriations, 
     or accompanying conference reports and joint explanatory 
     statements of the committee of conference, for a different 
     purpose.
       A reprogramming shall be submitted when any Departmental 
     action results in the movement of funds to or from any 
     program, project, or activity in excess of $5,000,000 or 10 
     percent, whichever is less.
       The Department must notify the Committees on Appropriations 
     on both Houses of Congress 15 days in advance of such 
     reprogrammings. The Department must also notify the 
     Committees at the end of each quarter during the fiscal year 
     of all reprogramming actions that have been completed during 
     that quarter involving less then $5,000,000 or 10 percent.
       Clearly stated and detailed documentation presenting 
     justification for the reprogramming shall accompany each 
     request. Additionally, each request shall include a 
     declaration that, as of the date of the request, none of the 
     funds included in the request have been obligated, and none 
     will be obligated, until the Committees on Appropriations 
     have approved the request.
       For purposes of this section, the term ``program, project, 
     and activity'' shall mean any item for which a dollar amount 
     is contained in an appropriations Act (including joint 
     resolutions providing continuing appropriations) or 
     accompanying reports of the House and Senate Committees on 
     Appropriations, or accompanying conference reports and joint 
     explanatory statement of the committee of conference.
       The conferees further expect the Department to comply with 
     directives in the statements of managers accompanying any 
     appropriations conference report relative to appropriations 
     for programs, projects and activities transferred to the 
     Department.
       Sec. 1602. The conferees agree to include a provision 
     proposed by the Senate allowing the Under Secretary of 
     Homeland Security for Border and Transportation Security to 
     issue letters of intent to airports to provide assistance for 
     the installation of explosive detection systems and requiring 
     status reports.
       Sec. 1603. The conferees agree to include a provision 
     proposed by the Senate allowing the Bureau of Customs and 
     Border Protection to accept donations of body armor for 
     United States Border Patrol agents and Border Patrol canines.
       Senate Bill Sec. 601. --The conferees agree not to include 
     a provision proposed by the Senate requiring inspection of 
     all commercial motor vehicles entering the United States 
     through specific ports of entry. This issue has been 
     addressed in the Bureau of Customs and Border Protection 
     section of the statement of managers.

                               CHAPTER 7

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention


                disease control, research, and training

       The conference agreement includes $16,000,000 for costs 
     associated with the prevention and control of Severe Acute 
     Respiratory Syndrome (SARS) as proposed by the House. The 
     Senate had provided the same amount within the Office of the 
     Secretary.
       The conferees understand that sufficient funds were made 
     available to the CDC for injury prevention and control to 
     maintain support for activities to better understand the 
     scope of child abuse and neglect and its consequences at the 
     FY2002 level.

                        Office of the Secretary


            public health and social services emergency fund

       The conference agreement includes $100,000,000 within the 
     Public Health and Social Services Emergency Fund for the 
     Centers for Disease Control and Prevention to assist State 
     and local health authorities with the costs associated with 
     the civilian smallpox vaccination program, instead of 
     $94,000,000 as proposed by the House. The Senate had provided 
     $105,000,000 for this purpose within the Office of the 
     Secretary. Because many State and local health departments 
     have already devoted substantial resources to the smallpox 
     vaccination program, often at the expense of other important 
     public health and bioterrorism preparedness tasks, the 
     conferees intend that these funds be available to assist 
     health departments in covering costs already incurred as well 
     as to assist with costs that will be incurred in the future.
       In addition, the conference agreement includes $42,000,000 
     within the Public Health and Social Services Emergency Fund 
     for costs associated with compensating individuals with 
     injuries resulting from smallpox vaccine and related 
     countermeasures, instead of $50,000,000 as proposed by the 
     House and $35,000,000 as proposed by the Senate. The funds 
     are made available subject to the enactment of authorizing 
     legislation and remain available until expended as proposed 
     by both the House and Senate. The conferees intend the funds 
     to be used to provide compensation under the rules and 
     conditions specified in legislation authorizing a smallpox 
     vaccine compensation program.


         SMALLPOX AND OTHER BIOTERRORISM INOCULATION ACTIVITIES

       The conference agreement does not include funds within this 
     new account to support grants to States for smallpox and 
     other bioterrorism inoculation activities as proposed by the 
     Senate. Funds for this purpose have been provided within the 
     Public Health and Social Services Emergency Fund account as 
     proposed by the House.


                severe acute respiratory syndrome (SARS)

       The conference agreement does not include funds within this 
     new account to support costs associated with the prevention 
     and control of Severe Acute Respiratory Syndrome as proposed 
     by the Senate. Funds for this purpose have been provided 
     within the Centers for Disease Control and Prevention account 
     as proposed by the House.

                           GENERAL PROVISION

                              Repatriation

       Section 1701 of the conference agreement includes a 
     provision proposed by the Administration and included in both 
     the House and Senate bills that removes, for fiscal year 
     2003, the $1,000,000 statutory cap included in the Social 
     Security Act on funds used to provide assistance to U.S. 
     citizens and their dependents returning from foreign 
     countries who have been determined by the Department of State 
     to be destitute, mentally ill, or requiring emergency 
     evacuation due to threatened armed conflict, civil strife, or 
     natural disasters.

                               CHAPTER 8

                   LEGISLATIVE BRANCH APPROPRIATIONS

                        House of Representatives


                         Salaries and Expenses

      Committee Employees Standing Committees, Special and Select

       Appropriates $11,000,000 for Committee Employees Standing 
     Committees, Special and Select, to fund the Select Committee 
     on Homeland Security authorized by House Resolution 5, 
     adopted January 7, 2003. Inasmuch as this item relates solely 
     to the House, and in accord with the long practice under 
     which each body determines its own housekeeping requirements 
     and the other concurs without intervention, the managers on 
     the part of the Senate, at the request of the managers on the 
     part of the House, have receded to the amendments of the 
     House.

                             Capitol Police


                            General Expenses

       Appropriates $37,738,000 for general expenses of the 
     Capitol Police. The conferees note that no part of such 
     amount may be obligated without prior approval of the 
     Committee on Appropriations of the House of Representatives 
     and the Senate.

                          Office of Compliance


                         Salaries and Expenses

       Appropriates $111,000 to cover contracted services of 
     hearing officers and mediators for the increased number of 
     hearings.

                        Architect of the Capitol


                            Capitol Building

       Appropriates $1,100,000 for an emergency egress project.


                          Capitol Power Plant

       Appropriates $22,679,000, of which $3,900,000 is for high 
     voltage switchgear transformers and $18,779,000 is provided 
     for Phase II of the West Refrigeration Plant Expansion.


                  capitol police buildings and grounds

       Appropriates a total of $40,140,000 for the Capitol Police 
     Buildings and Grounds. Of this amount, $14,140,000 is 
     provided to be used, in addition, to previously appropriated 
     fund for the Headquarters requirements. The conferees 
     anticipate that additional funding

[[Page 9766]]

     for construction will be requested in the future through the 
     normal budget process. In addition, the Architect of the 
     Capitol is directed to have the Naval Facilities Command 
     serve as the primary executing agency for this project. A 
     total of $10,000,000 is for the cost of leasing interim 
     space, pending execution of the facilities master plan. The 
     remaining $16,000,000 shall be used to construct the Tactical 
     Training Facility in Cheltenham, Maryland, for the sole use 
     of the United States Capitol Police.

                          Library of Congress


                         salaries and expenses

       Appropriates $5,500,000 for the purchase and installation 
     of a public address system for the Library buildings. The 
     conferees direct procurement and installation of any public 
     address system to conform with any system selected by the 
     United States Capitol Police. The Librarian of Congress, in 
     conjunction with the Chief of the Capitol Police, shall 
     report to the Committees on Appropriations of the House and 
     the Senate no later than June 1, 2003 that the system meets 
     the requirements as specified by the Capitol Police.

                     Congressional Research Service


                         salaries and expenses

       Appropriates $1,863,000 for the implementation of the 
     Congressional Research Service's portion of the alternate 
     computer facility.

                       General Accounting Office


                         salaries and expenses

       Appropriates $4,849,000 for the security of GAO facilities 
     and information systems.

                    GENERAL PROVISIONS, THIS CHAPTER

       A general provision is included making a technical 
     correction relative to a Senate item regarding town meeting 
     notices. Inasmuch as this item relates solely to the Senate, 
     and in accord with long practice under which each body 
     determines its own housekeeping requirements and the other 
     concurs without intervention, the managers on the part of the 
     House, at the request of the managers on the part of the 
     Senate, have receded to the Senate.

                               CHAPTER 9

                         DEPARTMENT OF DEFENSE

                         Military Construction


                      Military Construction, Navy

       The conference agreement includes a proviso, as proposed by 
     the House, which provides project authorization pursuant to 
     section 2802, title 10, United States Code. The Senate did 
     not include a similar provision.
       The following project is included in the account:

------------------------------------------------------------------------
       Location/installation             Project title          Cost
------------------------------------------------------------------------
Cuba: Guantanamo Bay...............  JTF Military            $48,100,000
                                      Commission Complex.
------------------------------------------------------------------------

                    military construction, air force

       The conference agreement includes $152,900,000 for Military 
     Construction, Air Force, instead of $5,100,000 as proposed by 
     the House and $127,400,000 as proposed by the Senate. The 
     conference agreement also includes a proviso, as proposed by 
     the House, which provides project authorization pursuant to 
     section 2802, title 10, United States Code. The Senate did 
     not include a similar provision.
       The following projects are included in the account:

------------------------------------------------------------------------
       Location/installation             Project title          Cost
------------------------------------------------------------------------
Diego Garcia.......................  Explosive Ordnance       $3,200,000
                                      Pad.
Classified Location................  Millennium Village...   110,500,000
Guam: Andersen AFB.................  Aircraft Maintenance     35,500,000
                                      Hangar.
Worldwide Various..................  Planning and Design..     3,700,000
                                    ------------------------------------
      Total........................  .....................   152,900,000
------------------------------------------------------------------------

          Family Housing Operation and Maintenance, Air Force

       The conference agreement includes $1,800,000 for ``Family 
     Housing Operation and Maintenance, Air Force,'' as proposed 
     by the House instead of $2,000,000 as proposed by the Senate. 
     The funding is provided for the following purpose:

------------------------------------------------------------------------
       Location/installation             Project title          Cost
------------------------------------------------------------------------
Guam: Andersen AFB.................  Family Housing           $1,800,000
                                      Repairs.
------------------------------------------------------------------------

                    GENERAL PROVISIONS--THIS CHAPTER

       This chapter contains two provisions.
       The conferees agree to provide authority for the Department 
     of Defense (DOD) to expend up to $150,000,000 of funds from 
     the Act for military construction, not otherwise authorized 
     by law, which is certified necessary to support the war on 
     terrorism or operations in Iraq. Section 1901 establishes 
     guidelines for transferring funds from other accounts into 
     the contingency construction account under the auspices of 
     section 2804 of title 10. The provision creates a 
     notification system that informs Congress of the transfer and 
     justifies the need for the project without slowing down the 
     obligation of funds for urgent requirements. The provision 
     clarifies the definition of military construction to preclude 
     interpretations that would permit the expenditure of 
     inappropriate funds for military construction purposes.
       Approximately $750,000,000 appropriated to operation and 
     maintenance accounts has been obligated for construction 
     activities supporting the global war on terrorism and 
     operations in Iraq. Funds for these projects have been 
     expended without providing notice to Congress despite 
     repeated requests for information by both House and Senate 
     Appropriations Committees and House and Senate Armed Services 
     Committees and as required by law.
       Some of these projects are, by definition, military 
     construction projects. Under title 10, chapter 169, military 
     construction projects require congressional authorization and 
     appropriation before funds can be obligated. Exceptions exist 
     but are limited. Admittedly, the statutorily-mandated 
     military construction process is cumbersome and can be slow. 
     Another complication is the lack of a dedicated source of 
     funding for contingency construction needs. These problems 
     impede timely response to urgent requirements of armed 
     conflict.
       To circumvent these obstacles, DOD created a class of 
     construction activities for which it deemed operation and 
     maintenance funds could be expended. Effectively, without 
     benefit of legal authority or regulation, the statutory 
     definition of ``military construction'' was obviated for 
     certain types of construction projects. Formalized in a 
     memorandum issued by the Under Secretary of Defense/
     Comptroller on February 27, 2003, DOD purported to establish 
     a ``practice of expending operation and maintenance 
     appropriations for construction activities--apart from those 
     projects for which [these] appropriations are available under 
     Title 10, United States Code, Chapter 169--under narrowly 
     limited conditions.''
       DOD argues that long-standing practice enables it to 
     utilize this legal construct under certain circumstances 
     despite its effect of vitiating and/or amending the 
     underlying statute. Furthermore, DOD asserts that if Congress 
     opposed the practice, then Congress would amend the law. The 
     conferees disagree with this pronouncement, which effectively 
     obviates the law and turns an alleged practice into de facto 
     law. Even more troubling to the conferees is the lack of 
     information and/or notification to Congress about this 
     practice despite repeated requests.
       This provision is narrowly tailored to affect only those 
     military construction projects that have been construed by 
     the February 27, 2003, memorandum to be operation and 
     maintenance construction. The provision neither modifies 
     current law regarding the use of operation and maintenance 
     funds nor does it change the threshold amounts for operation 
     and maintenance or unspecified minor construction. The 
     provisions are not intended to, nor do they, hamstring the 
     commanders in the field who need to execute projects quickly 
     and efficiently. The conferees have been assured that the 
     authorization committees will investigate this matter further 
     and seek to amend the law to prevent future actions of this 
     kind.
       Section 1902 provides the Secretary of the Army with 
     authority to accept funds from the State of Utah to extend a 
     runway at Michael Army Airfield, Dugway Proving Ground, Utah.

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration


          Maritime Guaranteed Loan (Title XI) Program Account

       The conference agreement appropriates $25,000,000 instead 
     of $50,000,000 as proposed by the Senate, for the cost of 
     guaranteed loans under the Maritime Guaranteed Loan (title 
     XI) program. As proposed by the Senate, such funds are to 
     remain available until September 30, 2005. The House bill 
     contained no similar appropriation. The bill specifies that 
     none of these funds may be obligated until the House and 
     Senate Committees on Appropriations receive a certification 
     from the Department of Transportation Inspector General that 
     the Maritime Administration has adopted and is implementing 
     the recommendations of report #CR-2003-031 to his 
     satisfaction. The Conferees further direct the Maritime 
     Administration to submit a written report to the House and 
     Senate Committees on Appropriations on the status of 
     implementation of these recommendations no later than June 1, 
     2003. It is expected that the Maritime Administration will 
     work closely with the Secretary of Defense to ensure that 
     priority is given to vessels that not only provide commercial 
     viability, but also exhibit military utility, such as tank 
     vessels capable of transporting refined product as a business 
     commodity and jet fuel in time of war or roll-on/roll-off 
     vessels capable of carrying automobiles during peacetime and 
     light military vehicles in time of armed conflict.

          TITLE II--MISCELLANEOUS AND TECHNICAL APPROPRIATIONS

                               CHAPTER 1

  Subcommittee on Agriculture, Rural Development, and Related Agencies

                           General Provisions

       Senate Section 101.--The conference agreement (Section 
     2106) includes certain provisions related to technical 
     assistance for conservation programs.
       Senate Section 102.--The conference agreement does not 
     include bill language proposed by the Senate establishing a 
     statutory reporting requirement. The conferees direct

[[Page 9767]]

     that not later than 180 days after the date of enactment of 
     this Act, the Secretary of Agriculture (in coordination with 
     the Administrator of the Agency for International 
     Development) shall submit to the Committee on Agriculture of 
     the House of Representatives, the Committee on Agriculture, 
     Nutrition, and Forestry of the Senate and the Committees on 
     Appropriations, a report that describes the policy of the 
     Secretary with respect to the Bill Emerson Humanitarian 
     Trust. This report shall include: whether that policy 
     includes an intent to replenish the trust; the means by which 
     the Secretary proposes to ensure that the United States 
     retains the long-term capability to respond to international 
     food shortages; and whether, and to what extent, other food 
     aid programs conducted by the Secretary and the Administrator 
     will be part of that strategy.
       Senate Section 201(a).--The conference agreement (Section 
     2101) includes language regarding a USDA task force.
       Senate Section 201(b).--The conference agreement does not 
     include language regarding ginseng labeling requirements.
       Senate Section 201(c).--The conference agreement (Section 
     2102) includes language regarding certain losses in New 
     Mexico.
       Senate Section 201(d).--The conference agreement does not 
     include language regarding dairy provisions.
       Senate Section 201(e).--The conference agreement (Section 
     2103) includes language regarding the Livestock Compensation 
     Program.
       Senate Section 202.--The conference agreement (Section 
     2104) includes language regarding organically produced feed.
       Senate Section 203.--The conference agreement (Section 
     2105) includes language regarding wild seafood.

                               CHAPTER 2

              DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                            RELATED AGENCIES

            Office of the United States Trade Representative


              european communities music licensing dispute

       The conference agreement includes $3,300,000 for a one-time 
     only, lump-sum payment of the European Communities to cover a 
     three-year period for nullification or impairment from 
     Section 110(5) of the U.S. Copyright Act.

                        DEPARATMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


               procurement, acquisition and construction

       The conference agreement includes $65,000,000 for the costs 
     of weather satellite systems, including $41,000,000 or 
     geostationary systems and $24,000,000 for polar orbiting 
     systems.

                            RELATED AGENCIES

                Equal Employment Opportunity Commission


                         salaries and expenses

       The conference agreement includes $15,000,000 for the 
     salaries and expenses of the Equal Employment Opportunity 
     Commission (EEOC) for fiscal year 2003. The conferees expect 
     the EEOC to use these funds to avoid furloughs during fiscal 
     year 2003. The EEOC may use funds provided to pursue employee 
     buyouts, as authorized by Public Law 107-296.
       The conferees are concerned about the lack of sound 
     managerial and fiscal practices that resulted in the EEOC's 
     shortfall in fiscal year 2003. It is troubling that the 
     Commission's shortfall was not uncovered until after a 
     quarter of the fiscal year had transpired.
       The conferees direct the EEOC to submit quarterly reports 
     to the Committees on Appropriations, including projected and 
     actual spending and staffing levels. This information will 
     allow the Committees to better understand EEOC's fluctuations 
     in cost and staff. This data will also assist the EEOC in 
     making more accurate estimates during the budget formulation 
     process or, at a minimum, making adjustments to the budget 
     request prior to the commencement of the fiscal year.

    National Commission on Terrorist Attacks Upon the United States


                         salaries and expenses

       The conference agreement includes $11,000,000 for the 
     Commission, as described in the Senate report.

                    GENERAL PROVISION--THIS CHAPTER

       The conference agreement includes language amending a 
     provision of law regarding fisheries capacity reduction 
     programs, as proposed in the Senate bill.

                                CHAPTER

                  SUBCOMMITTEE ON DISTRICT OF COLUMBIA

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

       On February 20, 2003, the District of Columbia announced 
     additional fiscal year 2003 budget pressures totaling 
     $128,000,000 resulting from $52,500,000 in lower estimated 
     revenues and $75,500,000 in higher estimated operating costs. 
     A revised outlook on March 10, 2003 increased the budget 
     deficit to $133,567,000. On March 31, 2003, the Council of 
     the District of Columbia enacted the Fiscal Year 2003 
     Supplemental Budget Request Emergency Act of 2003 to close 
     this budget gap. This Chapter of the conference agreement 
     provides the necessary Congressional action to balance the 
     District's budget. The conferees expect the Chief Financial 
     Officer of the District of Columbia to submit a final 
     accounting of all actions taken to close the budget gap no 
     later than May 5, 2003.

                   Governmental Direction and Support


                        (including rescissions)

       The conferees rescind $8,752,000 from Governmental 
     Direction and Support, instead of $9,358,000 as proposed by 
     the Senate. Included in this amount is a rescission of 
     $8,655,000 from local funds and $97,000 from other funds. The 
     House bill contained no similar provision. These funds are 
     attributable to savings associated with the reduction in risk 
     management functions within the Office of the Corporation 
     Counsel, a District-wide hiring freeze, and a reduction of 
     telecommunications costs and contractual obligation savings 
     within various agencies.
       The conferees authorize the District to expend additional 
     other-type revenues with the understanding that these funds 
     will only be used for the purposes for which they are 
     designated.

                  Economic Development and Regulation


                        (including rescissions)

       The conferees provide a net increase of $13,428,000 for 
     Economic Development and Regulation, instead of $14,998,000 
     as proposed by the Senate. Included in this amount are a 
     rescission of $1,282,000 from local funds and an increase of 
     $14,710,000 from other funds. The House bill contained no 
     similar provision. The additional funds are attributable to 
     increased costs associated with the Summer Youth Program, the 
     Home Purchasing Assistance Program, the Multi-family 
     Rehabilitation Program, the Relocation Program and Workers 
     Compensation Fund, and the Public Charter School Revolving 
     Fund and Credit Enhancement Fund. The rescission is 
     attributable to reducing various Department of Housing and 
     Community Development programs, the suspension of the Net 200 
     Partnership Program, and savings associated with a District-
     wide hiring freeze.
       The conferees authorize the District to expend additional 
     other-type revenues with the understanding that these funds 
     will only be used for the purpose for which they are 
     designated.

                       Public Safety and Justice

       The conferees provide an increase of $11,462,000 in local 
     funds for Public Safety and Justice instead of $10,422,000 as 
     proposed by the Senate. The House bill contained no similar 
     provision. These funds are attributable to increased costs 
     associated with additional overtime for the Metropolitan 
     Police Department, the Department of Corrections, and the 
     Fire and Emergency Management Agency.

                        Public Education System


                        (including rescissions)

       The Conferees rescind $11,435,000 from the Public Education 
     System instead of $11,667,000 as proposed by the Senate. 
     Included in this amount is a rescission of $13,546,000 from 
     local funds and an additional amount of $2,111,000 from other 
     funds. The House bill contained no similar provision. This 
     funding is to be distributed as follows: and increase of 
     $2,029,000 for the District of Columbia Public Schools; a 
     rescission of $181,000 from the State Education Office from 
     savings attributable to a District-wide hiring freeze; a 
     rescission of $12,000,000 from the District of Columbia 
     Public Charter Schools from savings attributable to a lower 
     than projected student enrollment; a rescission of $1,040,000 
     from the University of the District of Columbia from savings 
     attributable to a District-wide hiring freeze; and a 
     rescission of $237,000 from the District of Columbia Public 
     Libraries and $6,000 from the Commission on the Arts and 
     Humanities from savings attributable to reductions made in 
     the Arts project program.
       The conferees do not include language proposed by the 
     Senate to require that no less than $3,000,000 of the 
     $12,000,000 rescinded from the District of Columbia Public 
     Charter Schools be used for providing adequate charter school 
     facilities and educational programming in public charter 
     schools. The House bill contained no similar provision.
       The conferees authorize the District to expend additional 
     other-type revenues with the understanding that these funds 
     will only be used for the purposes for which they are 
     designated.

                         Human Support Services


                         (including rescission)

       The conferees provide a net increase of $30,258,000 for 
     Human Support Services instead of $28,278,000 as proposed by 
     the Senate. Included in this amount are an additional amount 
     of $34,292,000 from local funds and a rescission of 
     $4,034,000 from other funds. The House bill contained no 
     similar provision. The additional funds are attributable to 
     an increase in Health Care Safety Net medical claims, higher 
     Medicaid costs at nursing facilities, a Medicaid shortfall 
     for the Youth Service Administration and the Child and Family 
     Services Agency, enhanced court

[[Page 9768]]

     order costs associated with the Mental Retardation and 
     Developmental Disabilities Agency, unbudgeted costs 
     associated with out-of-state tuition for foster care 
     students, increased unemployment compensation funds, and a 
     decrease of TANF surplus funds. The rescission is 
     attributable to savings associated with a District-wide 
     hiring freeze and a reduction of telecommunications costs and 
     contractual obligation savings within various agencies.
       The conferees do not include language proposed by the 
     Senate to amend the District of Columbia Appropriations Act, 
     2003 to delete the earmark for the Interim Disability 
     Assistance Fund. The House bill contained no similar 
     provision.
       The conferees include language proposed by the Senate to 
     amend the District of Columbia Appropriations Act, 2003 to 
     increase the amount of local funds to be deposited in the 
     Medicaid and Special Education Reform Fund from $37,500,000 
     to $74,500,000. The House bill contained no similar 
     provision.
       The conferees authorize the District to expend additional 
     other-type revenues with the understanding that these funds 
     will only be used for the purposes for which they are 
     designated.

                              Public Works


                         (including rescission)

       The conferees provide a net increase of $2,420,000 for 
     Public Works instead of $3,107,000 as proposed by the Senate. 
     Included in this amount are a rescission of $8,998,000 from 
     local funds and an additional amount of $11,418,000 from 
     other funds. The House bill contained no similar provision.
       The conferees include language proposed by the Senate to 
     extend the availability of $512,000 from other funds for the 
     taxicab revolving loan fund until expended. The House bill 
     contained no similar provision.
       The conferees authorize the District to expend additional 
     other-type revenues with the understanding that these funds 
     will only be used for the purposes for which they are 
     designated.

                    Repayment of Loans and Interest


                         (including rescission)

       The conferees rescind $2,466,000 from Repayment of Loans 
     and Interest as proposed by the Senate. The House bill 
     contained no similar provision.

                            Wilson Building


                         (including rescission)

       The conferees rescind $700,000 from the Wilson Building. 
     The House and Senate bills contained no similar provision.

                          Workforce Investment


                         (including rescission)

       The conferees rescind $2,000,000 from Workforce Investment 
     as proposed by the Senate. The House bill contained no 
     similar provision.

                        Non-Departmental Agency


                         (including rescission)

       The conferees rescind $5,799,000 from the Non-Departmental 
     Agency as proposed by the Senate. The House bill contained no 
     similar provision.

                    General Provisions, This Chapter

       Sec. 2301. The conferees include a modified Senate 
     provision to allow the District of Columbia to use 
     $12,081,000 from funds identified in the fiscal year 2002 
     Comprehensive Annual Financial Report (CAFR) as the 
     District's undesignated, unreserved fund balance to cover 
     revenue shortfalls. The House bill contained no similar 
     provision.
       The CAFR is a government-wide financial statement prepared 
     by the Chief Financial Officer of the District of Columbia. 
     At the close of fiscal year 2002, the total fund balance was 
     $865,328,000. Of this total, $115,327,000 is unreserved, 
     undesignated, and available for expenditure pending 
     appropriation authority. The conferees provide authority to 
     transfer $12,081,000 of these funds to the District of 
     Columbia's operating budget to partially cover the 
     $52,500,000 reduction in revenues that is part of the 
     $133,567,000 budget shortfall.
       The conferees note that of the total fund balance amount, 
     $447,431,000 or 52 percent is restricted. These restricted 
     funds may be expended only when established legal 
     prerequisites have been met. It is within this restricted 
     fund balance that the District maintains its congressionally-
     mandated seven percent emergency and contingency cash reserve 
     of $248,731,000, established under section 450A of the 
     District of Columbia Home Rule Act (Public Law 93-198). The 
     conference agreement allows the District to transfer funds to 
     address revenue shortfalls due to the economic downturn, but 
     does not provide authority for the District to draw upon this 
     restricted portion of the fund balance. Any funds expended 
     from the emergency and contingency cash reserves must be 
     replenished during fiscal year 2004.
       Sec. 2302. The conferees include a provision proposed by 
     the Senate to extend the Chief Financial Officer's personnel, 
     procurement, and preparation of fiscal impact statement 
     authorities through September 30, 2004. The House bill 
     contained no similar provision.
       Sec. 2303. The conferees include a provision to amend the 
     District of Columbia Appropriations Act, 2003 to allow funds 
     made available to the Friends of Fort Dupont to be used to 
     support the Fort Dupont's Kids on Ice program. The House and 
     Senate bills contained no similar provision.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                    state and tribal wildlife grants

       The conference agreement includes a technical correction to 
     the fiscal year 2003 appropriation for State and Tribal 
     Wildlife Grants, correcting a reference to the amount of be 
     deducted for competitive grants to Tribes prior to the 
     distribution of the remaining grant funds. The House and 
     Senate proposed identical language.

                         National Park Service


                 operation of the national park system

       The conference agreement corrects the amount provided for 
     the Operation of the National Park System in fiscal year 2003 
     as proposed by the the Senate. The agreement adds $9,000,000 
     for park operations to reflect accurately the fiscal year 
     2003 conference agreement for this account.

                        Bureau of Indian Affairs


                              construction

       The conference agreement provides for the release of 
     previously appropriated funds for construction of the Ojibwa 
     Indian School in North Dakota as proposed by the Senate. The 
     House had no similar provision.

                    GENERAL PROVISION, THIS CHAPTER

       Sec. 2401. The conference agreement, as proposed by the 
     Senate, modifies section 328 of the Interior and Related 
     Agencies Appropriations Act, 2003, dealing with the 
     processing of grazing permits by the Forest Service. The 
     House had no similar provision.
       The managers are concerned that an ambiguity may exist with 
     respect to Section 328 of Division F of Public Law 108-7 
     concerning grazing permits issued by the Forest Service. This 
     ambiguity may lead to court decisions that are not consistent 
     with Congressional intent. The intent of Section 328, among 
     other things, was that no grazing permit should be 
     invalidated because the Forest Service had not completed the 
     allotment analysis prior to the date listed in a 1996 Forest 
     Service schedule adopted by the agency pursuant to Section 
     504 of the Recissions Act. Accordingly, this section has been 
     included to remove the clause, ``. . . under the authority of 
     Section 504 of the Rescissions Act of 1995 (Public Law 104-
     19)'' from Section 328. The managers reiterate that any 
     Forest Service grazing permit issued to replace a permit that 
     expired after the date for analysis of the allotment in the 
     1996 schedule is valid even though the allotment analysis may 
     not have been completed by the due date in the 1996 schedule.
       This section does not exempt the Forest Service from 
     completing the environmental analysis of grazing allotments 
     on the 1996 Schedule. It simply allows for the continuation 
     of ongoing activities while the required environmental 
     analysis is completed. The managers emphasize that this 
     provision does not prevent the Forest Service from taking 
     appropriate action consistent with agency policies and 
     procedures to address violations of permit terms and 
     conditions.
       The conference agreement does not require the Secretary of 
     the Interior to report on her intentions with respect to the 
     sale of 983 acres in Clark County, Nevada as proposed by the 
     Senate.
       The conference agreement does not extend the authorization 
     for energy savings performance contracting as proposed by the 
     Senate in section 602 of title VI.

                               CHAPTER 5

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services

       The conference agreement does not include language as 
     proposed by the Senate providing $1,000,000 for the Jobs for 
     America's Graduates program. The House bill did not have a 
     similar provision.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     health resources and services

       The conference agreement includes Senate bill language 
     making technical corrections to projects funded in the fiscal 
     year 2003 appropriations act. The House bill included almost 
     identical language. In addition to the technical corrections 
     described in the House and Senate reports accompanying the 
     supplemental appropriations bill, the conferees also include 
     the following technical changes to 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 II of Division G:
       --the provision specifying Northwestern Medical Center, St. 
     Albans, Vermont shall be deemed to read as follows: 
     ``Missisquoi Valley Union High School District, Swanton, 
     Vermont'';
       --the provision specifying Springfield Regional Outpatient 
     Cancer Center shall be deemed to read as follows: ``Mercy 
     Health Partners, Springfield, Ohio'';
       --the provision specifying St. John Bosco Clinic, Miami, 
     Florida shall be deemed to read as follows: ``Mercy Hospital, 
     Miami, Florida'';

[[Page 9769]]

       --the provision specifying Oklahoma State Department of 
     Health, Oklahoma City, Oklahoma, for a Mississippi-Oklahoma 
     Rural Telemedicine Initiative shall be deemed to read as 
     follows: ``Oklahoma State Office of Rural Health''; and
       --the provision specifying Iowa Telecare Consortium to 
     develop a disease management demonstration project in Iowa 
     shall be deemed to read as follows: ``Iowa Chronic Care 
     Consortium to develop a disease management demonstration 
     project in Iowa''.
       The conferees concur in the description in the Senate 
     report of the grant for the Children's Hospital Central 
     California as being in Madera, CA rather than in Fresno, CA 
     as described in the House report.
       The conferees intend that the amounts provided will still 
     be subject to the across the board cut of 0.65 percent 
     included in Public Law 108-7.

                Administration for Children and Families


                children and families services programs

       The conferees concur with language contained in the Senate 
     report that makes a technical correction to a project 
     contained in the statement of managers accompanying H.J. Res. 
     2.

                        Administration on Aging


                        aging services programs

       The conferees concur with language contained in the Senate 
     report that makes technical corrections to projects contained 
     in the statement of managers accompanying H.J. Res. 2.

                        Office of the Secretary


            public health and social services emergency fund

       The conference agreement includes language making a 
     technical correction to the Public Health and Social Services 
     Emergency Fund as proposed by the Senate. The House bill had 
     included the same correction in section 2003 of Title II.

                           GENERAL PROVISIONS

       Section 2501 of the conference agreement includes a 
     provision making a technical correction to section 207 of the 
     Departments of Labor, Health and Human Services, and Related 
     Agencies Appropriations Act, 2003 (Public Law 108-7, div. G) 
     as proposed by the House. The Senate bill included no similar 
     provision.
       Section 2502 of the conference agreement includes a 
     provision making a technical correction to language in 
     Section 215 in title II of the Departments of Labor, Health 
     and Human Services, and Related Agencies Appropriations Act, 
     2003 (Public Law 108-7, div. G) regarding international 
     health activities as proposed by the House and Senate.

                        DEPARTMENT OF EDUCATION

                      School Improvement Programs

       The conference agreement includes language making technical 
     corrections to the Math and Science Partnerships program and 
     the Troops to Teachers program as proposed by both the House 
     and the Senate. The conference agreement also includes 
     technical corrections to various projects as proposed by the 
     House and the Senate. The conferees intend that the amounts 
     provided will still be subject to the across the board cut of 
     0.65 percent included in Public Law 108-7.


                            higher education

       The conference agreement includes technical corrections to 
     various projects as proposed by the House and the Senate. The 
     agreement also includes a technical correction relating to a 
     project for the University of Southern Maine that was not 
     contained in either House or Senate bills. The conferees 
     intend that the amounts provided will still be subject to the 
     across the board cut of 0.65 percent included in Public Law 
     108-7.

                           GENERAL PROVISIONS

       Section 2503 of the conference agreement includes language 
     proposed by the Senate amending the Elementary and Secondary 
     Education Act to raise the maximum age of student eligibility 
     in the Advanced Placement program from 17 to 19. The House 
     bill contained no similar provision.
       Section 2504 of the conference agreement also includes a 
     provision proposed by the Senate (Title VI, Section 605 of 
     the Senate bill) amending the Elementary and Secondary 
     Education Act to make a technical change to the Alaska Native 
     Equity in Education program. The House bill contained no 
     similar provision.

                            RELATED AGENCIES

             Corporation for National and Community Service


        domestic volunteer service programs, operating expenses

       The conference agreement includes a technical correction 
     clarifying the restrictions on providing stipends to certain 
     volunteers as proposed by both the House and the Senate.

                               CHAPTER 6

                 SUBCOMMITTEE ON THE LEGISLATIVE BRANCH

       Includes two technical corrections related to the ``Library 
     of Congress--Salaries and Expenses'' of the Legislative 
     Branch Appropriations Act, 2003 (Public Law 108-7, Division 
     H).
       Includes a technical correction to Section 1203(a) of the 
     Legislative Branch Appropriations Act, 2003 (Public Law 108-
     7, Division H).
       Includes a provision related to the Capitol Preservation 
     Fund

                               CHAPTER 7

                      DEPARTMENT OF TRANSPORTATION

       The conference agreement includes a provision proposed by 
     the House and Senate amending section 336 of division I of 
     Public Law 108-7 by striking ``Transportation Management'' 
     and inserting ``Urbanized''.
       The conference agreement includes a provision proposed by 
     the Senate amending section 321 of division I of Public Law 
     108-7 by: (1) inserting ``or underneath'' in subsection 
     (q)(2) before ``the Class B airspace''; (2) deleting ``has 
     sufficient capacity and'' in subsection (q)(3) after ``Title 
     49''; and (3) inserting ``passenger'' in subsection (q)(3) 
     before ``delays''. The House bill contained no similar 
     provision.
       The conference agreement includes a provision proposed by 
     the House clarifying that 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 112 Stat. 263. The Senate bill 
     contained no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate expressing the sense of the Senate regarding the 
     integration of employee groups resulting from the acquisition 
     of Trans World Airlines by American Airlines. The conferees 
     reiterate that this provision expresses the sense of the 
     Senate. The House bill contained no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate which states that no provision of this Act may be 
     construed as altering or amending provisions of law requiring 
     the use of privately-owned United States flag commercial 
     vessels for certain transportation purposes. The House bill 
     contained no similar provision.
       The conference agreement includes provisions clarifying the 
     eligibility of certain projects funded in Public Law 108-7 
     and adjusting the funding for projects under ``Federal 
     Highway Administration, limitation on administrative 
     expenses'' in that bill to conform to the intent of Congress 
     as referenced in the Statement of the Managers accompanying 
     that conference agreement.
       The conference agreement includes a provision relating to 
     the use of Federal Transit Administration formula grant 
     operating funds for certain communities that became part of 
     an urbanized area as determined by the 2000 federal decennial 
     census. This provision is similar to statutory changes 
     enacted last year in Public Law 107-232.
       The conference agreement includes a provision amending 
     section 41743(c)(4) of title 49, U.S. Code, to provide 
     flexibility in the award of grants under the Small Community 
     Air Service Development Pilot Program. The revision will 
     allow the Department of Transportation to consider grant 
     requests from applicants who are not currently in the 
     program.
       The conference agreement includes a provision proposed by 
     the Senate amending section 626 of title VI of division B of 
     Public Law 108-7 by striking the word ``previously''. The 
     House bill contained no similar provision.
       The conference agreement modifies language proposed by the 
     Senate limiting the use of funds for transportation services 
     provided under section 41106 of title 49. The agreement 
     limits the obligation of funds in this or any other Act for 
     transportation described in section 41106 to air carriers 
     effectively controlled by citizens of the United States. The 
     agreement further provides criteria to make this 
     determination, and specifies that the Secretary of Defense 
     may waive these provisions in certain instances. The 
     agreement further directs the Secretary of Transportation to 
     use the services of an administrative law judge in a formal 
     proceeding to resolve docket number OST-2002-13089. The House 
     bill contained no similar provision.
       The conferees direct the Secretary of Transportation to 
     examine the impact that airlines emerging from bankruptcy 
     could have on hub airports as well as the ramifications on 
     airport systems and U.S. capital bond markets. The conferees 
     further direct the Secretary of Transportation to report his 
     findings to the House and Senate Committees on Appropriations 
     no later than thirty days after enactment of this Act.

                               CHAPTER 8

Subcommittee on Veterans Affairs and Housing and Urban Development, and 
                          Independent Agencies

       DEPARTMENT OF VETERANS AFFAIRS

                       Department Administration


                       general operating expenses

                     (including transfer of funds)

       The conference agreement includes $100,000,000 for 
     providing medical care and for the evaluation and 
     administration of benefits to veterans returning from the 
     conflict in the Persian Gulf pursuant to 38 U.S.C. 
     1710(e)(1)(D). The Secretary has the authority to transfer 
     such sums in this paragraph as necessary to medical care.

[[Page 9770]]



                        Administrative Provision

       The conference agreement does not include a provision 
     proposed by the House allowing the VA to use funds 
     appropriated in P.L. 108-7 for the purpose of creating 
     medical response centers. The Senate did not include a 
     similar provision.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                       Community Development Fund

       The conference agreement includes modified language similar 
     to language proposed by the Senate, making technical 
     corrections to specific grants funded in prior appropriations 
     Acts. The House bill did not include similar language.

                     Management and Administration


                         Salaries and Expenses

       The conference agreement does not include language proposed 
     by the Senate related to the Chief Financial Officer. The 
     House bill did not include similar language.

                          INDEPENDENT AGENCIES

             Corporation for National and Community Service


       National and Community Service Programs Operating Expenses

       Appropriates $64,000,000 to the Corporation for National 
     and Community Service (``Corporation'') to liquidate prior 
     year obligations as proposed by both the House and the 
     Senate. The conference agreement includes two provisions 
     proposed by the Senate limiting the funds provided under this 
     heading only for liquidation of the prior year obligations 
     and only after the Corporation provides a letter declaring 
     the deficiency pursuant to the Anti deficiency Act and OMB 
     Circular A-11.
       The conferees have included a technical correction to P.L. 
     108-7, proposed by both the House and the Senate, regarding 
     funds provided to the Office of the Chief Financial Officer.

                    Environmental Protection Agency


                   State and Tribal Assistance Grants

       The conferees have included language which makes technical 
     corrections to specific grants funded in previous 
     appropriations Acts.

                        Administrative Provision

       The conferees have included language as proposed by the 
     Senate making a technical correction in order to maintain the 
     balance among payers of the maintenance fees as previously 
     established by FIFRA. The language requires the Administrator 
     of EPA to adjust the ``maximum annual fee payable'' (per-
     company caps) for pesticide maintenance fees proportional to 
     the increase from the previous maximum collection level of 
     $17,000,000 as set forth in Public Law 107-73 to the newly-
     established maximum level of $21,500,000 as set forth in 
     Public Law 108-7. The House bill included no similar 
     provision.

                      National Science Foundation


                    Research and Related Activities

       Amends P.L. 108-7 by allowing up to $330,000,000 of 
     previously appropriated funds to be used for the U.S. Polar 
     Research Program as proposed by the Senate. This is an 
     increase of up to $10,000,000 to cover unanticipated costs 
     due to weather. The House did not include a similar 
     provision.

                     GENERAL PROVISIONS, THIS TITLE

       The conferees have not included funding nor legislative 
     language regarding the Waterbury Dam, Vermont, project as 
     proposed by the Senate. The conferees direct the Corps of 
     Engineers to report to Congress within 30 days of enactment 
     of this Act on what is required to address the seepage and 
     stability problems at Waterbury Dam for fiscal year 2004.

                TITLE III--COLUMBIA ORBITER MEMORIAL ACT

       The conference agreement includes the Columbia Orbiter 
     Memorial Act as proposed by the Senate. The House did not 
     include a similar title.

                  TITLE IV--AIRLINE-RELATED ASSISTANCE

       The conference agreement includes a separate title 
     providing airline-related assistance, as proposed by the 
     Senate. The House bill provided airline-related assistance in 
     Title I, chapter 5 under ``Transportation Security 
     Administration.''

                    DEPARTMENT OF HOMELAND SECURITY

                 Transportation Security Administration

       The conference agreement includes an appropriation of 
     $2,395,750,000 for grants to air carriers. Of this 
     appropriation, the first $100,000,000 shall remain available 
     until expended and shall compensate air carriers for the 
     direct costs associated with the strengthening of flight deck 
     doors and locks on aircraft required by the Aviation and 
     Transportation Security Act. The remaining amount, or 
     $2,295,750,000, is for grants to be made by the 
     Transportation Security Administration to U.S. flag air 
     carriers based on the proportional share of expenses incurred 
     related to aviation security each such carrier has paid or 
     collected by the date of enactment of this Act by such air 
     carrier in passenger security and air carrier security fees 
     to the Transportation Security Administration. Air carriers 
     may use these funds for such purposes as each air carrier 
     determines appropriate; however, the conferees intend that 
     the direct assistance to air carriers made available under 
     this heading should be expended, to the greatest extent 
     possible, to address aviation security and should not be used 
     to support non-security related business entities, ventures 
     or activities including, but not limited to, ticket agent 
     ventures.
       The Transportation Security Administration may not remit 
     passenger security and air carrier security fees to any 
     airline providing compensation as defined in this Act to the 
     two most highly compensated named executive officers that 
     exceeds the base compensation that such executives received 
     in 2002. The Transportation Security Administration shall not 
     apply any conditions of receiving such assistance to any air 
     carrier that operates aircraft exclusively with 85 seats or 
     less, any Hawaii-based carrier or any carrier that does not 
     operate trans-Pacific or trans-Atlantic flights.
       Not later than thirty days after the last disbursement of 
     funds made to airlines, the Transportation Security 
     Administration 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.
       The conference agreement includes a provision that directs 
     the Undersecretary for Border and Transportation Security of 
     the Department of Homeland Security not to impose the fees 
     authorized by section 44940(a) of title 49, U.S.C., during 
     the period beginning June 1, 2003 ending September 30, 2003.
       Though the Senate bill proposed appropriations to 
     compensate airports for operating expenses and capital 
     investments related to improvements in aviation security, the 
     conferees have addressed this item in Title I, under 
     Department of Homeland Security.
       The conferees not that the additional burden placed upon 
     the Transportation Security Administration in administering 
     these grants is nominal and of limited duration since these 
     payments constitute simple rebates. As such, the conferees 
     direct that the administrative costs associated with this 
     activity to be absorbed within existing staffing levels.
       The conference agreement deletes sections 407 and 408 of 
     the Senate bill. The House bill contained no similar 
     provisions. The conferees direct the General Accounting 
     Office to submit a report to the Congress on measures taken 
     by air carriers to reduce costs and to improve their revenues 
     and profits and to strengthen their balance sheets, as well 
     as how the funds provided in this Act were expended by the 
     air carriers to offset operating expenses. As part of this 
     effort, the conferees expect that each carrier receiving 
     assistance under this heading will transmit a plan to the 
     Comptroller General within 90 days of enactment of this Act 
     to reduce that air carrier's annual operating expenses by an 
     amount equal to the greater of 10 percent of that carrier's 
     annual operating expenses or the amount of financial 
     assistance that the carrier has received under this heading.
       The conference agreement extends the war risk insurance 
     program under current conditions through the end of fiscal 
     year 2004 as proposed by the Senate. The House bill contained 
     no similar provision.
       The conference agreement contains a provision providing an 
     additional 26 weeks of temporary extended unemployment. 
     compensation for displaced airline related workers, as 
     proposed by the Senate. The House bill contained no similar 
     provision.

                                TITLE V

  Panel To Review Sexual Misconduct Allegations at United States Air 
                             Force Academy

       The conferees agree to amend language in this title, as 
     proposed by the Senate, which establishes a panel to review 
     sexual misconduct allegations at the U.S. Air Force Academy.

                 TITLE VI--GENERAL PROVISIONS--THIS ACT

       The conference agreement includes a provision, as proposed 
     by the House, that limits the availability of funds provided 
     in this Act to the current fiscal year unless provided 
     otherwise in this Act. The Senate bill contained no similar 
     provision.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2003 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2003 budget estimates, 
     and the House and Senate bills for 2003 follow:

                       [In thousands of dollars]

Budget estimates of new (obligational) authority, fiscal yea$74,725,028
House bill, fiscal year 2003.................................77,903,328
Senate bill, fiscal year 2003................................77,947,209
Conference agreement, fiscal year 2003.......................78,459,520

[[Page 9771]]

Conference agreement compared with:
  Budget estimates of new (obligational) authority, fiscal ye+3,734,492
  House bill, fiscal year 2003.................................+556,192
  Senate bill, fiscal year 2003................................+512,311

     Bill Young,
     Ralph Regula,
     Jerry Lewis,
     Hal Rogers,
     Frank Wolf,
     Jim Kolbe,
     James T. Walsh,
     Charles H. Taylor,
     David L. Hobson,
     Ernest J. Istook, Jr.,
     Henry Bonilla,
     Joe Knollenberg,
     Jack Kingston,
     Rodney P. Frelinghuysen,
     David Obey,
     John P. Murtha,
     Norman Dicks,
     Martin Olav Sabo,
     Alan B. Mollohan,
     Marcy Kaptur,
     Peter J. Visclosky,
     Nita M. Lowey,
     Jose E. Serrano,
     James P. Moran,
     Chet Edwards,
                                Managers on the Part of the House.

     Ted Stevens,
     Thad Cochran,
     Arlen Specter,
     Pete V. Domenici,
     Christopher S. Bond,
     Mitch McConnell,
     Conrad Burns,
     Richard Shelby,
     Judd Gregg,
     Robert F. Bennett,
     Ben Nighthorse Campbell,
     Larry Craig,
     Kay Bailey Hutchison,
     Mike DeWine,
     Sam Brownback,
     Robert C. Byrd,
     Daniel K. Inouye,
     Patrick J. Leahy,
     Tom Harkin,
     Barbara A. Mikulski,
     Harry Reid,
     Herb Kohl,
       (except for P.L. 480),
     Patty Murray,
     Byron L. Dorgan,
     Dianne Feinstein,
     Dick Durbin,
     Tim Johnson,
     Mary L. Landrieu,
     Managers on the Part of the Senate.

                          ____________________