HR 1559 EAS
In the Senate of the United States,
April 7, 2003.
Resolved, That the bill from the House of Representatives (H.R.
1559) entitled `An Act making emergency wartime supplemental appropriations for
the fiscal year ending September 30, 2003, and for other purposes.', do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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--SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
AGRICULTURAL PROGRAMS
Agricultural Research Service
BUILDINGS AND FACILITIES
For an additional amount for `Buildings and Facilities', $98,000,000,
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 year's costs, including interest thereon,
under the Agricultural Trade Development Act of 1954, $600,000,000, to remain
available until expended, for commodities supplied in connection with
dispositions abroad under title II of said Act: Provided, That of
this amount, $155,000,000 shall be used to restore funding for 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 such sums as are necessary to
acquire, and shall acquire, a quantity of commodities for use in administering
the Bill Emerson Humanitarian Trust in an amount equal to the quantity
allocated by the Corporation pursuant to the release of March 19, 2003, and
the release of March 20, 2003: 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.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 101. 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.
Sec. 102. Report on Bill Emerson Humanitarian Trust and Future of
United States Food Aid. 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 Subcommittees on Agriculture,
Rural Development, and Related Agencies of the Committees on Appropriations of
the House of Representatives and the Senate, a report that describes--
(1) the policy of the Secretary with respect to the Bill Emerson
Humanitarian Trust established under the Bill Emerson Humanitarian Trust Act
(7 U.S.C. 1736f-1 et seq.), including whether that policy includes an intent
to replenish the Trust; and
(2)(A) the means by which the Secretary proposes to ensure that the
United States retains the long-term strategy and capability to respond to
emergency international food shortages; and
(B) whether, and to what extent, other food aid programs conducted
by the Secretary and the Administrator will be a part of that
strategy.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
DETENTION TRUSTEE
For an additional amount for `Detention Trustee' for the detention of
Federal prisoners in the custody of the United States Marshals Service,
$45,000,000, to remain available until September 30, 2003.
Interagency Law Enforcement
INTERAGENCY LAW ENFORCEMENT SUPPORT
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to administer and support joint Federal, State,
local, and foreign law enforcement activities, including the design,
development, test, deployment, maintenance, upgrade, or retirement of systems;
the purchase, lease, loan, or maintenance of equipment and vehicles; the
design, construction, maintenance, upgrade, or demolition of facilities; and
travel, overtime, and other support, $72,000,000, which shall remain available
until December 31, 2003: Provided, That the funds provided under this
heading shall be managed only by the Attorney General or the Deputy Attorney
General to be transferred to, and merged with, any appropriations account
under this title: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 605 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2003, and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in that
section.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for `Federal Bureau of Investigation',
$63,000,000, to remain available until December 31, 2003, of which $13,380,000
shall be for language translation needs, of which $20,270,000 shall be for the
Federal Bureau of Investigation participation in the Terrorist Threat
Integration Center, and of which $29,350,000 shall be for the incorporation of
the Foreign Terrorist Tracking Task Force into the Terrorist Threat
Integration Center: 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.
CONSTRUCTION
For an additional amount for `Federal Bureau of Investigation,
Construction', $10,000,000, to remain available until September 30, 2004, to
accelerate construction and fit out of the new wing of the Engineering
Research Facility.
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for `State and Local Law Enforcement
Assistance', $91,000,000, to remain available until December 31, 2003, for the
terrorism prevention and response training for law enforcement and other
responders for increased costs associated with heightened homeland security
alerts and law enforcement needs related to the temporary replacement of
veteran officers called to duty: 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.
COMMUNITY ORIENTED POLICING SERVICES
For an additional amount for `Community Oriented Policing Services',
$109,500,000, 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.
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for `Diplomatic and Consular Programs',
$83,420,000: Provided, That $15,600,000, to remain available until
December 31, 2003, shall only be available for medical services: Provided
further, That $2,000,000 shall only be available for the Consular Affairs
requirements relating to American citizen services: Provided further,
That $30,020,000 shall only be available for Machine Readable Visa fee
shortfalls affecting the Border Security Program: Provided further,
That notwithstanding any other provision of law, any shortfall in fee revenue
resulting from a decrease in the number of visa applications to the United
States shall be offset by a direct transfer of funds equal to the amount of
the shortfall from the Diplomatic and Consular Programs general account to the
Appropriations Point Deliminator Account Number X0113.6: Provided
further, That $35,800,000 shall only be available for costs associated
with the re-establishment of a United States diplomatic presence in Baghdad,
Iraq, of which $17,900,000 is for operational requirements, including housing,
furniture, sundries, travel, vehicles, and office supplies and furnishings,
and $17,900,000 is for security, of which $5,300,000 is for information
technology, $1,945,000 is for courier shipments, $3,789,000 is for temporary
duty assignments, and $2,503,000 is for armored vehicles, spares, and
repairs.
In addition, for the costs of worldwide security upgrades, including
increased local guard protection, chemical and biological countermeasures,
requirements relating to intelligence, the assignment of temporary personnel
to United States diplomatic presences, armored vehicles, and the security of
the domestic facilities of the Department of State, $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', $72,000,000: Provided, That of the funds appropriated
under this heading, $20,000,000 shall only be available for capital costs
associated with the re-establishment of a United States Diplomatic presence in
Baghdad, Iraq: Provided further, That of the funds appropriated under
this heading, not less than $52,000,000 shall be available for the Center for
Antiterrorism and Security Training.
In addition, for security enhancements to non-official facilities
frequented by United States citizens overseas, including schools attended by
the dependents of non-military United States Government personnel,
$10,000,000, to remain available until September 30, 2004.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For an additional amount for `Emergencies in the Diplomatic and
Consular Service', $40,000,000, to remain available until expended:
Provided, That the Secretary of State may collect from the head of
any other agency of the United States the cost incurred by the Department of
State for evacuating an employee of such agency, and any member of the family
of such an employee, from a location in a foreign country where the employee
is authorized to be in connection with the performance of the employee's
official duties: Provided further, That the head of an agency shall
pay the Secretary of State the amount certified by the Secretary as the cost
of evacuation of that agency's personnel: Provided further, That
amounts collected by the Secretary of State under the previous two provisos
shall be credited to the appropriation charged such cost, shall be merged with
other sums in such appropriation, and shall be available for the same purposes
and period as the appropriation to which credited within 60 days of
certification by the Secretary of State.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for `International Broadcasting Operations',
$62,000,000, to remain available until September 30, 2004, for activities
related to the Middle East Television Network broadcasting and radio
broadcasting to Iraq.
CHAPTER 3
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for `Military Personnel, Army',
$7,724,500,000.
Military Personnel, Navy
For an additional amount for `Military Personnel, Navy',
$1,784,300,000.
Military Personnel, Marine Corps
For an additional amount for `Military Personnel, Marine Corps',
$1,254,900,000.
Military Personnel, Air Force
For an additional amount for `Military Personnel, Air Force',
$2,834,800,000.
Reserve Personnel, Army
For an additional amount for `Reserve Personnel, Army',
$6,000,000.
National Guard Personnel, Army
For an additional amount for `National Guard Personnel, Army',
$110,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for `Operation and Maintenance, Army',
$16,142,500,000.
Operation and Maintenance, Navy
For an additional amount for `Operation and Maintenance, Navy',
$5,296,600,000.
Operation and Maintenance, Marine Corps
For an additional amount for `Operation and Maintenance, Marine
Corps', $1,752,700,000.
Operation and Maintenance, Air Force
For an additional amount for `Operation and Maintenance, Air Force',
$7,209,200,000.
Operation and Maintenance, Defense-Wide
For an additional amount for `Operation and Maintenance,
Defense-Wide', $4,007,700,000, to remain available until expended, of which
$1,400,000,000, which may be used, notwithstanding any other provision of law,
for payments to reimburse Pakistan, Jordan, and other key cooperating nations,
for logistical and military-related support provided to the United States 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 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.
Operation and Maintenance, Navy Reserve
For an additional amount for `Operation and Maintenance, Navy
Reserve', $15,000,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for `Operation and Maintenance, Marine Corps
Reserve', $50,000,000.
Operation and Maintenance, Army National Guard
For an additional amount for `Operation and Maintenance, Army National
Guard', $88,400,000.
Operation and Maintenance, Air National Guard
For an additional amount for `Operation and Maintenance, Air National
Guard', $20,000,000.
Natural Resources Risk Remediation Fund
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to address emergency fire fighting, repair of
damage to oil facilities and related infrastructure and preserve a
distribution capability, $489,300,000, to remain available until expended:
Provided, 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
the Secretary of Defense may transfer these funds 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 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: 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.
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.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Defense Working Capital Funds',
$550,000,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for `Defense Health Program',
$501,700,000.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for `Drug Interdiction and Counter-Drug
Activities, Defense', $34,000,000.
Defense Emergency Response Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Defense Emergency Response Fund',
$11,019,000,000, to remain available until expended for ongoing military
operations in Iraq, and those operations authorized by Public Law 107-040, of
which not to exceed $50,000,000, to remain available until September 30, 2003,
to support the military operations or activities of foreign nations in
furtherance of the global war on terrorism, including equipment, supplies,
services, and funding on such terms as the Secretary of Defense, following
notification of the congressional defense committees, and with the concurrence
of the Secretary of State, may determine: Provided, That 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; and working
capital funds: 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 paragraph is in addition to any
other transfer authority available to the Department of Defense: 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 Defense Oversight
Committees of the details of any transfer of funds from the `Defense Emergency
Response Fund': 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.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 301. Under the heading, `Operation and Maintenance,
Defense-Wide', in title II of the Department of Defense Appropriations Act,
2003 (Public Law 107-248), strike `$25,000,000' and insert `$50,000,000'.
Section 166a of title 10, United States Code, is amended by striking
`$7,000,000' in subsection (e)(1)(A) and inserting `$15,000,000'; by striking
`$1,000,000' in subsection (e)(1)(B) and inserting `$10,000,000'; and by
striking `$2,000,000' in subsection (e)(1)(C) and inserting
`$10,000,000'.
SEC. 302. Under the heading, `Operation and Maintenance,
Defense-Wide', in title II of the Department of Defense Appropriations Act,
2003 (Public Law 107-248), strike `$34,500,000' and insert
`$45,000,000'.
(TRANSFER OF FUNDS)
SEC. 303. 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 `$3,500,000,000';
and
(2) by striking the date `May 31, 2003', and inserting `June 30,
2003'.
(TRANSFER OF FUNDS)
SEC. 304. 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.
SEC. 305. 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).
(TRANSFER OF FUNDS)
SEC. 306. Of the amounts available to the Department 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: 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.
SEC. 307. EXPANDED USE OF COOPERATIVE THREAT REDUCTION FUNDS. (a) IN
GENERAL-
(1) Notwithstanding any other provision of law, during fiscal year
2003 the President may use Cooperative Threat Reduction funds, including
Cooperative Threat Reduction funds for a prior fiscal year that remain
available for obligation as of the date of the enactment of this Act, for
proliferation threat reduction projects and activities outside the states of
the former Soviet Union if the President determines that such projects and
activities will:
(A) assist the United States in the resolution of critical
emerging proliferation threats; or
(B) permit the United States to take advantage of opportunities to
achieve long-standing nonproliferation goals.
(2) The amount that may be obligated under paragraph (1) in each
fiscal year for projects and activities described in that paragraph may not
exceed $50,000,000.
(b) AUTHORIZED USES OF FUNDS- The authority under subsection (a) to
use Cooperative Threat Reduction funds for a project or activity includes
authority to provide equipment, goods, and services for the project or
activity, and shall be subject to 22 U.S.C. Sec. 5955.
SEC. 308. None of the funds provided in this Act may be used to fund a
program previously prohibited by the Congress, or to initiate a new
procurement or research, development, test and evaluation program without
prior notification of the congressional defense committees.
SEC. 309. 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.
SEC. 310. From funds appropriated in the Department of Defense
Appropriations Act, 2003, Public Law 107-248, 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.
SEC. 311. 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. 312. From funds appropriated in the Department of Defense
Appropriations Act, 2003, Public Law 107-248, 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.
SEC. 313. Appropriations available during fiscal year 2003 under the
heading `Operation and Maintenance, Army' for the Air Battle Captain program
at the University of North Dakota, may be used to provide summer flight
training to United States Military Academy cadets.
SEC. 314. (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.
Sec. 315. (a) None of the funds appropriated by this Act may be
obligated or expended to reduce the number of American Registry of Pathology
personnel used by the Armed Forces Institute of Pathology for programs,
projects, and activities of the Institute during fiscal year 2003 below the
number of such personnel who are so used as of April 1, 2003.
(b) Of the total amount appropriated by chapter 3 of title I under the
heading `Defense Health Program', $7,500,000 shall be available for the Armed
Forces Institute of Pathology.
Sec. 316. Of the funds appropriated in the Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following account and program in the specified amount: `Research, Development,
Test and Evaluation, Navy, 2003', $3,400,000.
Sec. 317. 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, the travel and
transportation benefits under that section 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. 318. (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
OPERATIONS AND MAINTENANCE, GENERAL
-For an additional amount for homeland security expenses, for
`Operations and Maintenance, General', $29,000,000, 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, $61,000,000, to
remain available until expended: Provided, That $25,000,000 of the
funds provided shall be available for secure transportation asset activities:
Provided further, That $36,000,000 of the funds provided shall be
available to meet increased safeguards and security needs throughout the
nuclear weapons complex.
NUCLEAR NONPROLIFERATION
For an additional amount for `Nuclear Nonproliferation' for expenses
necessary to safeguard fissile nuclear material, $150,000,000, to remain
available until expended: Provided, That $84,000,000 of the funds
provided shall be available for the development and deployment of nuclear
detectors at mega seaports, in coordination with the Department of Homeland
Security Bureau of Customs and Border Protection: Provided further,
That $17,000,000 of the funds provided shall be available for detection and
deterrence of radiological dispersal devices: Provided further, That
$17,000,000 of the funds provided shall be available for nonproliferation
assistance to nations other than the Former Soviet Union: Provided
further, That $15,000,000 of the funds provided shall be available for
nuclear nonproliferation verification programs, including $2,500,000 for the
Caucasus Seismic Network: Provided further, That $5,000,000 of the
funds provided shall be available for the packaging and disposition of any
nuclear material found in Iraq: Provided further, That $5,000,000 of
the funds provided shall be available for nuclear material detection materials
and devices: Provided further, That $5,000,000 of the funds provided
shall be available for international export control cooperation activities:
Provided further, That $2,000,000 of the funds provided shall be
available for vulnerability assessments of spent nuclear fuel casks.
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', $18,000,000,
to remain available until expended, for increased safeguards and security of
Department of Energy facilities and personnel, including intelligence and
counterintelligence activities: Provided, That this amount shall be
available for transfer to other accounts within the Department of Energy for
other expenses necessary to support elevated security conditions 15 days after
a notification to the Congress of the proposed transfers.
CHAPTER 5
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
United States Agency for International Development
CHILD SURVIVAL AND HEALTH PROGRAMS FUNDS
For an additional amount for `Child Survival and Health Programs
Fund', $90,000,000.
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for `International Disaster Assistance',
$112,500,000: 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.
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, any part of which is to
be guaranteed, not to exceed $9,000,000,000: Provided, 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 no appropriations are available under
this heading 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 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 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 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
section.
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', $23,600,000, of which not more than
$2,000,000 may be transferred to and merged with `Operating Expenses of the
United States Agency for International Development Office of Inspector
General'.
OTHER BILATERAL ECONOMIC ASSISTANCE
Economic Support Fund
For an additional amount for `Economic Support Fund', $2,357,900,000,
of which the amounts specified herein shall be available as follows:
(1) $300,000,000, to remain available until September 30, 2005, 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 up to
$379,600,000 in funds appropriated under this heading in prior foreign
operations, export financing, and related programs appropriations Acts for
Egypt, including funds provided as Commodity Import Program assistance, may
be made available on a grant basis as a cash transfer.
(2) $1,000,000,000 to remain available until September 30, 2005,
only 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 none of the funds made
available under this heading for Turkey may be made available if Turkey
unilaterally deploys troops into northern Iraq during Operation Iraqi
Freedom: Provided further, That the Secretary of State may waive
the requirement of the previous proviso if he determines that to do so is in
the national security interest of the United States: 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'.
(3) The Government of Egypt and the Government of Turkey 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
these loan guarantees: Provided further, That all fees associated
with these loan guarantees or loans shall be paid by the Government of Egypt
and the Government of Turkey to the Government of the United States:
Provided further, That funds made available for assistance for
Egypt and Turkey under chapter 4 of Part II of the Foreign Assistance Act of
1961, as amended, may be utilized by the Government of Egypt and the
Government of Turkey to pay such fees and costs 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 the President shall determine the terms and conditions
for providing the economic assistance authorized in paragraphs (1) and (2):
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 heading, and shall transfer, and merge, such economic assistance
with the `Iraq Relief and Reconstruction Fund'.
(4) $700,000,000 for assistance for Jordan.
(5) Not less than $50,000,000 for assistance for the Philippines to
further prospects for peace in Mindanao.
United States Emergency Fund for Complex Foreign Crises
For necessary expenses to enable the President to respond to
unforeseen complex foreign crises, $150,000,000, to remain available until
expended: Provided, That funds appropriated under this heading may be
made available only pursuant to a determination by the President that is in
the national interest to furnish assistance on such terms and conditions as he
may determine, after consultation with Congress, for the purpose of responding
to such crises, including support for peace and humanitarian intervention
operations: Provided further, That none of the funds appropriated
under this heading shall be available to respond to natural disasters:
Provided further, That for funds appropriated under this heading the
President may make allocations to Federal agencies, other than the Department
of Defense, to carry out the authorities provided under this heading:
Provided further, That funds appropriated by this paragraph shall be
made available notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956: Provided
further, That the President may furnish assistance under this heading
notwithstanding any other provision of law: Provided further, That
the previous proviso shall not apply to section 553 of Public Law 108-7:
Provided further, That 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 obligations of funds: Provided further, That the
requirements of the previous proviso 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 Committees on
Appropriations 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 waiver shall contain an explanation of the emergency
circumstances.
INDEPENDENT AGENCIES
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',
$34,0000,000, 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 women and children 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', $75,000,000, to remain available until expended,
notwithstanding section 2(c)(2) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)(2)).
Nonproliferation, Anti-Terrorism, Demining and Related
Programs
For an additional amount for `Nonproliferation, Anti-Terrorism,
Demining and Related Programs', $28,000,000: Provided, That funds
appropriated by this paragraph shall be available notwithstanding section 10
of Public Law 91-672 and section 15 of the State Department Basic Authorities
Act of 1956.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Foreign Military Financing Program
For an additional amount for `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
$1,000,000,000 shall be made available for assistance for Israel and not less
than $406,000,000 shall be made available for assistance for Jordan:
Provided further, That the funds appropriated by this paragraph for
Israel shall be disbursed within 30 days of the enactment of this Act:
Provided further, That to the extent that the Government of Israel
requests that funds be used for such purposes, grants made available for
Israel by this paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than $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
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 10 days in advance of the
obligation of funds.
Peacekeeping Operations
For an additional amount for `Peacekeeping Operations',
$150,000,000.
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 for rehabilitation and reconstruction in Iraq, $2,468,300,000, including
for the costs of: (1) feeding and food distribution; (2) 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; (3) humanitarian demining;
(4) healthcare; (5) water/sanitation infrastructure; (6) education; (7)
electricity; (8) transportation; (9) telecommunications; (10) rule of law and
governance; (11) economic and financial policy; and (12) agriculture:
Provided, That these funds may be transferred to and made available
for any Federal Government activity, other than any Department of Defense
activity, for expenses to meet such costs: 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
funds appropriated under this heading shall be used to fully reimburse
accounts administered by the Department of State 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 transfer of funds made
available under this heading to any Agency or Department, the Secretary of
State 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 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 the previous proviso shall not apply to
section 553 of Public Law 108-7: Provided further, That funds
appropriated under this heading shall be subject to the regular notification
procedures of the Committees on Appropriation, except that notifications shall
be transmitted at least 5 days in advance of the obligations of funds:
Provided further, That of the funds appropriated under this heading,
$4,300,000 shall be made available to the United States Agency for
International Development Office of Inspector General for the purpose of
monitoring and auditing expenditures for reconstruction and related activities
in Iraq: Provided further, That such sums are in addition to funds
otherwise made available by this Act to such office
GENERAL PROVISIONS, THIS CHAPTER
SEC. 501. 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 each of these headings shall not exceed $200,000,000:
Provided further, That the Secretary of State shall consult with the
Committee 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. 502. Assistance or other financing under this chapter may be made
available for assistance to 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 assistance for Iraq pursuant to this authority shall
be subject to the regular notification 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 the
obligation of funds.
SEC. 503. The Iraq Sanctions Act of 1990 is hereby repealed:
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 as such Act applies to water purification items and other humanitarian
assistance for the Iraqi people: Provided further, That the President
may make inapplicable with respect to Iraq section 620A of the Foreign
Assistance Act of 1961, as amended, or other provision of law that applies to
countries that have supported terrorism: Provided further, That
section 307 of the Foreign Assistance of 1961, as amended, 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 should not be construed as applying to Iraq.
SEC. 504. Notwithstanding any other provision of law, the President
may authorize the export to Iraq of any item subject to the Export
Administration Regulations, 15 CFR chapter VII, subchapter C, or 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 that the export of such item
is in the national interest of the United States.
SEC. 505. Of the funds appropriated by this chapter under the heading
`Economic Support Fund', $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 the
establishment of an international tribunal to bring these individuals to
justice: Provided, That 90 days after enactment of this Act, the
Secretary of State shall report to the Committees on Appropriations on plans
for the prosecution of these individuals, including jurisdictional
options.
SEC. 506. It is the Sense of the Senate that, to the maximum extent
practicable, contracts (including subcontracts) and grants for relief and
reconstruction in Iraq from funds appropriated under this chapter should be
awarded to United States companies (particularly small and medium sized
businesses) and organizations, to companies and organizations located in the
Near East region, and to those from countries which have provided assistance
to Operation Iraqi Freedom.
SEC. 507. It is the sense of the Senate that the reconstruction of
Iraq should be funded to the maximum extent practicable from revenues produced
by Iraqi oil and that the United States Government should work with our
allies, the future government of a free Iraq, and other appropriate entities
to establish the necessary framework for this arrangement.
SEC. 508. Division E of Public Law 108-7, under the heading
`Assistance for the Independent States of the Former Soviet Union', is amended
by inserting in subsection (f) before the period: `: Provided
further, That such funds may be made available without regard to the
restriction in this subsection if the Secretary of State determines that to do
so is in the national security interest of the United States'.
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,
$1,135,000,000, to remain available until December 31, 2003, 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 of the total amount
appropriated, not to exceed $215,000,000 may be transferred to any authorized
Federal Government activity for necessary expenses to detect, prepare for,
protect against, or respond to a potential terrorist attack: 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.
Border and Transportation Security
OFFICE FOR DOMESTIC PREPAREDNESS
For an additional amount for the `Office for Domestic Preparedness',
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 States for terrorism prevention activities,
$2,200,000,000, to remain available until expended: Provided, That of
the total amount appropriated, $1,270,000,000 shall be made available for
grants to states, and each state grant award shall ensure that at least 80
percent of the total amount of the grant shall be allocated to local
governments within 60 days of receipt of the funds: Provided further,
That of the total amount appropriated, $300,000,000 shall be made available
for grants to states for critical infrastructure protection, and each grant
award shall ensure that no less than one-third of the total amount of the
grant shall be allocated to local governments within 60 days of receipt of the
funds: Provided further, That of the total amount appropriated,
$600,000,000 shall be made available for protection or preparedness of
high-threat urban areas, as determined by the Secretary of Homeland
Security.
Coast Guard
OPERATING EXPENSES
For an additional amount for `Operating Expenses' for the Coast Guard
in support of Department of Defense initiatives in relation to Operation Iraqi
Freedom and Operation Liberty Shield, $580,000,000, to remain available until
December 31, 2003: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and House of Representatives 15
days prior to obligation of any amount of these funds.
Federal Emergency Management Agency
Disaster Relief
(INCLUDING TRANSFERS OF FUNDS)
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For an additional amount, not otherwise provided for, to carry out
activities under the National Flood Insurance Act of 1968 and the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107
and 303 of the National Security Act of 1947 (50 U.S.C. 404-405), and
Reorganization Plan No. 3 of 197, $109,500,000, to remain available until
expended: Provided, That this amount shall be for grants to improve
public safety communications and interoperability.
GENERAL PROVISION, THIS CHAPTER
Sec. 601. The Bureau of Customs and Border Protection shall inspect
all commercial motor vehicles (as defined in section 31101(1) of title 49,
United States Code) carrying municipal solid waste and seeking to enter the
United States through the Blue Water Bridge port-of-entry in Port Huron,
Michigan, and the Ambassador Bridge port-of-entry in Detroit, Michigan, and
ensure that by May 2003, the Blue Water Bridge in Port Huron, Michigan, shall
be--
(1) equipped with radiation detection equipment; and
(2) staffed by Bureau inspectors formally trained in the process of
detecting radioactive materials in cargo and equipped with both portal
monitor devices and hand-held isotope identifiers.
Sec. 602. TSA TO ISSUE LETTERS OF INTENT REGARDING INSTALLATION OF EDS
AT AIRPORTS. (a) IN GENERAL- The Under Secretary of Homeland Security for
Transportation and Border 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) REPORT- 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. 603. 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 border and ports of entry as determined by
the Under Secretary for Border and Transportation Security.
CHAPTER 7
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For an additional amount for the `Public Health and Social Services
Emergency Fund', $35,000,000 for costs associated with compensating
individuals with injuries resulting from smallpox vaccinations and
countermeasures, to remain available until expended: Provided, That
such funds shall become available only upon the enactment of legislation
authorizing a smallpox vaccination compensation program.
SMALLPOX AND OTHER BIOTERRORISM INOCULATION ACTIVITIES
For additional expenses necessary to support grants to States for
smallpox and other bioterrorism inoculation activities, $105,000,000, to
remain available until September 30, 2004: Provided, That this amount
is transferred to the Centers for Disease Control and Prevention.
SEVERE ACUTE RESPIRATORY SYNDROME (SARS)
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).
General Provision
REPATRIATION
SEC. 701. 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
CAPITOL POLICE
General Expenses
For an additional amount for `General expenses', $38,165,000, 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
General Administration
For an additional amount for `General administration', $18,672,000,
which shall remain available until September 30, 2007.
Capitol Building
For an additional amount for `Capitol building', $1,100,000.
Capitol Power Plant
For an additional amount for `Capitol power plant', $14,600,000, 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, 2007.
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
For an additional amount for `Salaries and expenses',
$4,849,000.
GENERAL PROVISONS, THIS CHAPTER
Sec. 801. 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.
Military Construction, Air Force
For an additional amount for `Military Construction, Air Force',
$127,400,000, to remain available until September 30, 2007.
Family Housing Operation and Maintenance, Air Force
For an additional amount for `Family Housing Operation and
Maintenance, Air Force', $2,000,000, to remain available until September 30,
2007.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 901. (a) Up to $150,000,000 of the amounts made available to the
Department of Defense from funds appropriated in this Act may be used to carry
out military construction projects, not otherwise authorized by law, that the
Secretary of Defense certifies are necessary to respond to or protect against
acts or threatened acts of terrorism or to prosecute operations in
Iraq.
(b) Not later than 15 days before obligating amounts available under
subsection (a) for military construction projects referred to in that
subsection, the Secretary shall notify the appropriate committees of Congress
of the following:
(1) the determination to use such amounts for the project;
and
(2) the estimated cost of the project and the accompanying Form
1391.
(c) In this section the term `appropriate committees of Congress' has
the meaning given that term in section 2801(c)(4) of title 10, United States
Code.
SEC. 902. (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 the funding of 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, $50,000,000, 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.
CHAPTER 11
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
MEDICAL CARE
For necessary expenses for the maintenance and operation of hospitals,
nursing homes, and domiciliary facilities; for furnishing, as authorized by
law, inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs, including care and treatment in facilities not
under the jurisdiction of the department; and for furnishing recreational
facilities, supplies, and equipment incident to the provision of hospital
care, medical services, and nursing home care authorized by section
1710(e)(1)(D) of title 38, United States Code, $155,000,000:
Provided, That such amount shall remain available until
expended.
TITLE II--MISCELLANEOUS AND TECHNICAL CORRECTIONS
CHAPTER 1
Subcommittee on Agriculture, Rural Development, and Related
Agencies
GENERAL PROVISIONS
SEC. 201. (a) Section 756 in Division A of Public Law 108-7 is amended
by striking `section 7404' and inserting in lieu thereof `section
7404(a)(1)'.
(b) Section 10806(b) of the Farm Security and Rural Investment Act of
2002 (21 U.S.C. 321d(b)) is amended by adding at the end the
following:
`(3) EFFECTIVE DATE- This subsection and the amendment made by this
subsection take effect on May 13, 2003.'.
(c) 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'.
(d)(1) STUDY ON THE SALE OF MILK INTO CALIFORNIA- Within 90 days, the
Secretary shall report to Congress on the economic impacts to California dairy
farmers from handlers or processors of Class I milk products in the Las
Vegas-Nevada-Arizona region selling milk or milk products into the California
State order.
(2) EXEMPTION OF MILK HANDLERS FROM MINIMUM PRICE REQUIREMENTS-
Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted
with amendments by the Agricultural Marketing Agreement Act of 1937 (as
amended by subsection (a)), is amended by adding at the end the
following:
`(N) EXEMPTION OF MILK HANDLERS FROM MINIMUM PRICE REQUIREMENTS-
Notwithstanding any other provision of this subsection, prior to January
1, 2005, no handler with distribution of Class I milk products in the
Arizona-Las Vegas marketing area (Order No. 131) or Pacific Northwest
marketing area (Order No. 124) shall be exempt during any month from any
minimum milk price requirement established by the Secretary under this
subsection if the total distribution of Class I products within the
Arizona-Las Vegas marketing area or the Pacific Northwest marketing area
of any handler's own farm production exceeds the lesser of--
`(i) 3 percent of the total quantity of Class I products
distributed in the Arizona-Las Vegas marketing area (Order No. 131) or
the Pacific Northwest marketing area (Order No. 124);
or
`(ii) 5,000,000 pounds.'.
(3) EXCLUSION OF CLARK COUNTY, NEVADA FROM FEDERAL MILK MARKETING
ORDERS-
(A) IN GENERAL- Section 8c(11)(C) the Agricultural Adjustment Act (7
U.S.C. 608c(11)(C)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended by striking the last sentence and
inserting the following: `In the case of milk and its products, Clark
County, Nevada shall not be within a marketing area defined in any order
issued under this section.'.
(B) INFORMAL RULEMAKING- The Secretary of Agriculture may modify an
order issued under section 8c of the Agricultural Adjustment Act (7 U.S.C.
608c), reenacted with amendments by the Agricultural Marketing Agreement Act
of 1937, to implement the amendment made by paragraph (1) by promulgating
regulations, without regard to sections 556 and 557 of title 5, United
States Code.
(e) 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:
`(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. 202. 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. 203. 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:
`(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--
`(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.'.
CHAPTER 2
Subcommittee on Commerce, Justice, and State, the Judiciary, and Related
Agencies
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for `Procurement, Acquisition and
Construction' for satellite programs, $117,060,000, 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: Provided
further, That of the amount provided under this heading, $2,460,000 shall
be transferred to, and merged with, funds provided under the heading
`International Fisheries Commissions' of Division B of Public Law 108-7 and
shall only be available for the Pacific Salmon Commission: Provided
further, That of the amount provided under this heading, $1,000,000 shall
be transferred to, and merged with, funds provided under the heading
`International Fisheries Commissions' of Division B of Public Law 108-7 and
shall only be available for the Great Lakes Fishery Commission, of which
$500,000 shall be used for sea lamprey control in Lake Champlain: Provided
further, That of the amount made available under this heading,
$10,000,000 to remain available until September 30, 2004, shall only be
available for the incorporation of additional technologies for disseminating
terrorism warnings within the All Hazards Warning Network.
RELATED AGENCIES
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
For an additional amount for `Equal Employment Opportunity Commission,
Salaries and Expenses', $23,300,000, of which $5,000,000 shall remain
available until September 30, 2004.
National Commission on Terrorist Attacks Upon the United
States
SALARIES AND EXPENSES
For an additional amount for `National Commission on Terrorist Attacks
Upon the United States, Salaries and Expenses', $11,000,000, to remain
available until September 30, 2004.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 2001. (a) Of the funds made available in Title I of Division B of
Public Law 108-7, under the heading `Juvenile Justice Programs', for Family
Ties Supervised Visitation Services in Wakefield, Rhode Island, $100,000 are
rescinded.
(b) For an additional amount in Title I of Division B of Public Law
108-7, under the heading `Juvenile Justice Programs', $529,000, which shall
only be available for law enforcement costs related to the Station nightclub
fire on February 20, 2003, to remain available until December 31,
2003.
SEC. 2002. Not later than 60 days after the date of the enactment of
this Act, the Secretary of State and the Attorney General shall jointly report
to the Committee on Appropriations on the feasibility of providing access to
State and local law enforcement agencies to the database of the Department of
State on potential terrorists known as the `Tipoff' database including the
process by which classified information shall be secured from unauthorized
disclosure.
SEC. 2003. For an additional amount for the law enforcement technology
program under the heading `Community Oriented Policing Services' in the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2003, $5,000,000 for the Louisville-Jefferson
County, Kentucky Public Safety Communications System to implement a common
interoperable voice and data communications system for public safety
organizations in the metropolitan area.
Sec. 2004. 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
Governmental Direction and Support
(INCLUDING RESCISSIONS)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003 (Public Law 108-7), $9,358,000 are rescinded
(including $9,261,000 from local funds and $97,000 from other funds).
Economic Development and Regulation
For an additional amount for `Economic Development and Regulation',
$14,998,000 (including $288,000 from local funds and $14,710,000 from other
funds).
Public Safety and Justice
For an additional amount for `Public Safety and Justice' (Public Law
108-7), $10,422,000 from local funds.
Public Education System
(INCLUDING RESCISSIONS)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003 (Public Law 108-7), $11,667,000 are
rescinded (including a rescission of $13,778,000 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: Provided, That
of these funds, not less than $3,000,000 shall be used for providing
adequate charter school facilities and educational programming in public
charter schools in the District of Columbia;
(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 $221,000
(including a rescission of $273,000 from local funds and an additional
amount of $53,000 from other funds); and
(6) COMMISSION ON THE ARTS AND HUMANITIES- A rescission of $255,000
from local funds.
Human Support Services
(INCLUDING RESCISSIONS)
For an additional amount for `Human Support Services', $28,278,000
(including an additional amount of $32,312,000 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 (Public Law 108-7).
In addition, this heading in the District of Columbia Appropriations
Act, 2003, approved February 20, 2003 (Public Law 108-7), is amended as
follows:
(1) by striking the following proviso, `Provided further,
That $3,209,000 of this appropriation, to remain available until expended,
shall be deposited in the Interim Disability Assistance Fund to be used
exclusively for the Interim Disability Assistance program established by
section 201 of the District of Columbia Public Assistance Act of 1982,
effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code, sec. 4-202.01),
and the purposes for that program set forth in section 407 of the District
of Columbia Public Assistance Act of 1982, effective April 3, 2001 (D.C. Law
13-252; D.C. Official Code, sec. 4-204.07):', and
(2) by amending 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.' to read as
follows `: 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 RESCISSIONS)
For an additional amount for `Public Works', $3,107,000 (including a
rescission of $8,311,000 from local funds appropriated under this heading in
the District of Columbia Appropriations Act, 2003 (Public Law 108-7), 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 RESCISSIONS)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003 (Public Law 108-7), $2,466,000 are
rescinded.
Non-Departmental
(INCLUDING RESCISSIONS)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003 (Public Law 108-7), $5,799,000 are
rescinded.
Workforce Investments
(INCLUDING RESCISSIONS)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003 (Public Law 108-7), $2,000,000 are
rescinded.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 3001. USE OF THE FUND BALANCE. (a) The District of Columbia is
hereby authorized to transfer an amount not to exceed $32,900,000, to remain
available until expended, from funds identified in the fiscal year 2002
comprehensive annual financial report as the District of Columbia's fund
balance to the local general fund to cover the impact of revenue shortfalls
associated with the war economy: 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 (Public Law 93-198;
D.C. Official Code, sec. 1-204.50a(b)).
SEC. 3002. EXTENSION OF CHIEF FINANCIAL OFFICER'S AUTHORITY. 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.
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.
RELATED AGENCY
General Provision
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.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of the Interior shall provide a report to the Committees on
Energy and Natural Resources and Appropriations of the Senate and the
Committees on Resources and Appropriations of the House of Representatives
detailing the Secretary's intent regarding the direct sale of 983 acres in
Clark County, Nevada, known as Lake Las Vegas Phase II.
CHAPTER 5
Subcommittee on Labor, Health and Human Services, and Education, and
Related Agencies
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
For an additional amount for the Employment and Training
Administration, `Training and Employment Services' to carry out activities
authorized under section 171(b) of the Workforce Investment Act, $1,000,000:
Provided, That such sum shall be for the Jobs for America's Graduates
(JAG) school-to-work program for at-risk young people.
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 PROVISION
INTERNATIONAL HEALTH ACTIVITIES
(a) In addition to the authority provided in section 215 of the
Departments of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2003 (Public Law 108-7, Division G), in order for
the Centers for Disease Control and Prevention to carry out international
health activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during fiscal
year 2003, the Secretary of Health and Human Services may exercise authority
equivalent to that available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)).
(b) The Secretary of Health and Human Services shall consult with the
Secretary of State and relevant Chief of Mission to ensure that the authority
provided in this section is exercised in a manner consistent with section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927) and other applicable
statutes administered by the Department of State.
DEPARTMENT OF EDUCATION
SCHOOL IMPROVEMENT PROGRAMS
The matter under the heading `Department of Education, School
Improvement Programs', in Public Law 108-7 is amended--
(1) by striking `$8,052,957,000' and inserting
`$8,053,507,000';
(2) by striking `$508,100,000' and inserting
`$537,100,000';
(3) by striking `$4,132,167,000' and inserting
`$4,233,167,000';
(4) by striking `$814,660,000' and inserting `$815,210,000';
and,
(5) by striking `$212,160,000' and inserting
`$212,710,000'.
In the statement of the managers of the committee of conference
accompanying H.J. Res. 2 (Public Law 108-7; House Report 108-10), in the
matter in title III of Division G, relating to the Fund for the Improvement of
Education under the heading `School Improvement Programs'--
(1) the provision specifying $150,000 for Illinois State Board of
Education, Springfield, Illinois, for computers, hardware and software for
the implementation of Fast ForWord reading program to the Pleasant Plains
Community Unit District #8 and Pleasant Plain Illinois District #18 shall be
deemed to read as follows: `Illinois State Board of Education, Springfield,
Illinois, for implementation of Fast ForWord reading program to the Pleasant
Plains Community Unit District #8 and for improving mathematics achievement
in Peoria School District #150 and Jacksonville School District #117,
$150,000';
(2) the provision specifying $2,000,000 for Pinellas County Florida
School District, St. Petersburg, Florida, for technology for Title I schools
shall be deemed to read as follows: `St. Petersburg College, St. Petersburg,
Florida, for the Pinellas County EpiCenter, $2,000,000';
(3) the provision specifying $500,000 for the St. Louis Children's
Museum, MO, for a collaborative project with the St. Louis Public Library to
create interactive exhibits and educational programs shall be
deleted;
(4) the provision specifying $200,000 for the Harford County Board
of Education in Aberdeen, MD, for a collaboration between a science and
technology high school and the Aberdeen Proving Ground shall be deemed to
read as follows: `Harford County Board of Education in Aberdeen, MD, for a
collaboration between a science and technology high school and the Aberdeen
Proving Ground, $700,000';
(5) the provision specifying $25,000 for the Boys and Girls Club of
El Dorado, Arkansas, for drug prevention and after school programs shall be
deemed to read as follows: `Boys and Girls Club, Southeast Unit, El Dorado,
Arkansas, for drug prevention and after school programs,
$25,000';
(6) the provision specifying $100,000 for the American Academy of
Liberal Education, Washington, D.C., to develop projects and survey best
practices in the study of American democracy and principles of free
government at colleges and universities shall be deleted;
(7) the provision specifying $400,000 for the Milwaukee Public
Schools, Wisconsin, to expand before- and after-school programs shall be
deemed to read: `Milwaukee Public Schools, WI, for before- and after-school
programs, $400,000';
(8) the provision specifying $200,000 for Tensas Reunion, Inc.,
Newellton, LA, for instructional technology training, and after school
programs at the Tensas Charter School shall be deemed to read: `Tensas
Reunion, Inc., Newellton, LA, for the TREES Project in Tensas Parish,
including activities such as the purchase of computers and educational
software, tutoring, and workshops to promote parental involvement,
$200,000';
(9) the provision specifying $250,000 for Community School District
8, Flushing, NY, for after-school programs shall be deemed to read:
`Community School District 8, Bronx, NY, for after-school programs,
$250,000';
(10) the provision specifying $20,000 for Westside High School,
Bakersfield, California, for equipment shall be deemed to read: `West High
School, Bakersfield, California, for equipment, $20,000';
(11) the provision specifying $1,000,000 for the National Science
Center Foundation, Atlanta, Georgia, for educational technology and other
purposes shall be deemed to read: `National Science Center Foundation,
Augusta, Georgia, for educational technology and other purposes,
$1,000,000';
(12) the provision specifying $200,000 for the Golden Gate National
Parks Association, San Francisco, CA, for environmental education programs
at the Crissy Field Center shall be deemed to read: `Golden Gate National
Parks Conservancy, San Francisco, CA, for environmental education programs
at the Crissy Field Center, $200,000' and a provision shall be added that
reads: `Beresford Community Education in Beresford, SD to expand community
education programs, $150,000';
(13) the provision specifying $100,000 for the University of South
Florida, Tampa, FL, for the Tampa Bay Consortium for the Development of
Educational Leaders and the Preparation and Recruitment of Teachers shall be
deemed to read: `University of South Florida, Tampa, FL, for the Tampa Bay
Consortium for the Development of Educational Leaders, $100,000';
(14) the provision specifying $25,000 for the Meredith-Dunn Learning
Disabilities Center, Inc., Louisville, Kentucky for technology shall be
deemed to read as follows: `Meredith-Dunn Learning Disabilities Center,
Inc., Louisville, Kentucky for school counseling services,
$25,000';
(15) the provision specifying $40,000 for the Father Maloney's Boys
Haven, Louisville, Kentucky for technology shall be deemed to read as
follows: `Father Maloney's Boys Haven, Louisville, Kentucky for an
educational program, $40,000';
(16) the provision specifying $50,000 for the Joel II Restoration
Ministries for education programs shall be deemed to read as follows: `Joel
II Restoration Outreach, Inc. for education programs, $50,000';
and
(17) the provision specifying $1,500,000 for the City of Upland,
California, for after school programs shall be deemed to read as follows:
`YMCA of the City of Upland, California, for after-school activities,
$1,500,000'.
HIGHER EDUCATION
The matter under the heading `Higher Education', in Public Law 108-7
is amended--
(1) by striking `$2,100,701,000' and inserting `$2,100,151,000';
and,
(2) by striking `$140,599,000' and inserting
`$140,049,000'.
In the statement of the managers of the committee of conference
accompanying H.J. Res. 2 (Public Law 108-7; House Report 108-10), in the
matter in title III of Division G, relating to the Fund for the Improvement of
Postsecondary Education under the heading `Higher Education'--
(1) the second reference to the provision specifying $1,000,000 for
the University of Massachusetts-Boston to purchase research equipment and
technology infrastructure shall be deleted;
(2) the provision specifying $500,000 for Harford County Public
Schools, Bel Air, MD, for support of a math and science magnet school
program at Aberdeen High School shall be deleted and a provision shall be
added that reads: `American Academy of Liberal Education, Washington, D.C.,
to develop projects and survey best practices in the study of American
democracy and principles of free government at colleges and universities,
$100,000';
(3) the provision specifying $100,000 for Slippery Rock University,
Slippery Rock, PA, for Knowledge Pointe at Cranberry Woods, as part of an
initiative to provide life-long educational services to Pittsburgh's
regional industry and community residents shall be deemed to read as
follows: `Regional Learning Alliance, Marshall Township in Allegheny County,
PA, as part of an initiative to provide life-long educational services to
Pittsburgh's regional industry and community residents,
$200,000';
(4) the provision specifying $150,000 for Beresford Community
Education in Beresford, SD to expand community education programs shall be
deleted;
(5) the provision specifying $100,000 for Slippery Rock University,
Slippery Rock, Pennsylvania, for the North Hill Educational Alliance shall
be deleted; and
(6) 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'.
DEPARTMENT OF EDUCATION
General Provision
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'.
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 `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' after `in this Act'.
CHAPTER 6
Subcommittee on Legislative Branch
CAPITOL POLICE
TRANSFER OF LIBRARY OF CONGRESS POLICE. Section 1015(a)(3) of the
Legislative Branch Appropriations Act, 2003, is amended by inserting `, or, if
earlier, on February 20, 2005' before the period.
CHAPTER 7
Subcommittee on Transportation, Treasury and General
Government
DEPARTMENT OF TRANSPORTATION
(a) Section 336 of Division I of Public Law 108-7 is amended by
striking `transportation management' and inserting in lieu thereof
`urbanized'.
(b) 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'.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 701. 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 2 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. 702. 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.
CHAPTER 8
Subcommittee on Veterans Affairs and Housing and Urban Development and
Independent Agencies
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Development Fund
The referenced statements 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 `Gendive, Montana'.
The referenced statements 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'.
Management and Administration
SALARIES AND EXPENSES
Under the heading `Salaries and expenses' in title II of Public Law
108-7, strike out in the eighth proviso `and all other statutes and
regulations related to the obligation and expenditure of funds made available
in this, or any other Act' and strike out in the eleventh proviso `and all
other statutes and regulations governing the obligation and expenditure of
funds made available in this or any other Act'.
INDEPENDENT AGENCIES
Corporation for National and Community Service
NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES
To liquidate obligations previously incurred by the Corporation for
National and Community Service (`Corporation'), up to $64,000,000 is provided
to the National Service Trust: Provided, That the Corporation may use
these funds only to liquidate the deficiency that it has already incurred and
that these funds are not available for obligation, or to liquidate
obligations, for any other purpose whatsoever: Provided further, That
the Corporation may not use these funds unless and until it reports these
overobligations to the Congress and the President in accordance with the
requirements of the Antideficiency Act and the guidance of the Office of
Management and Budget in OMB Circular A-11 (2002): Provided further,
That the second proviso under the heading `Corporation for National and
Community Service' in Public Law 108-7 is deemed to be amended by inserting
after `section 501(a)(4)' the following: `with not less than $2,500,000 for
the Office of the Chief Financial Officer to enact financial reform in the
Corporation, without regard to the provisions of section 501(a)(4)(B) of the
Act'.
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'.
Environmental Protection Agency
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.
GENERAL PROVISIONS, THIS TITLE
Sec. 201. The Secretary of the Army, acting through the Chief of
Engineers, shall use $3,300,000 of funds available under the Construction,
General appropriation, Corps of Engineers, Civil, to continue dam safety and
seepage stability correction measures for the Waterbury Dam, Vermont
project.
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 INDUSTRY RELIEF PROVISIONS
SEC. 401. TEMPORARY SUSPENSION OF SECURITY SERVICE FEES.
The Undersecretary of Homeland Security for Border and Transportation
Security shall not impose the fees authorized by section 44940(a) of title 49,
United States Code, during the period beginning on April 1, 2003, and ending
on September 30, 2003.
SEC. 402. REIMBURSEMENT OF AIRLINES FOR CERTAIN INCREASED SECURITY
COSTS.
There are appropriated to the Secretary of Transportation for fiscal
year 2003 $1,000,000,000, such sums to remain available until expended,
$600,000,000 of which shall be used to reimburse each air carrier engaged in
air transportation and intrastate air transportation of passengers for
compensation (as such terms are used in subtitle VII of title 49, United
States Code) for the amount by which the costs incurred by such air carrier
during calendar year 2002 in complying with aviation security requirements
imposed by Federal law, including requirements imposed by the Transportation
Security Administration, exceeded the aviation security costs the carrier
would have incurred during that year in the absence of those requirements, and
$400,000,000 of which shall be used to reimburse each such air carrier for the
amount by which the costs incurred by the air carrier during calendar year
2003 exceeded the aviation security costs the carrier would have incurred
during that year in the absence of those requirements, such costs to be
determined by studies conducted by the air carriers in accordance with
guidelines to be developed, within 30 days after the date of enactment of this
Act, by the Undersecretary of Homeland Security for Border and Transportation
Security in consultation with the Secretary of Transportation, describing in
detail, by function, amount, and class (including operating expenses, capital
expenditures, and one time and recurring costs), the costs for which
reimbursement is sought: Provided, That the Inspector General of the
Department of Transportation certifies the guidelines as being appropriate to
determine such costs: Provided further, That the Inspector General
certifies as complete and accurate all claims submitted by an air carrier for
reimbursement under this section, and: Provided further, That if the
sum of the costs to be reimbursed to all such air carriers for 2002 exceeds
$600,000,000, the amount of the reimbursement to each such carrier shall be an
amount that bears the same ratio to $600,000,000 as the reimbursable cost of
that carrier bears to the sum of the reimbursable costs of all such carriers
for that year, and if the sum of the costs to be reimbursed to all such air
carriers for 2003 exceeds $400,000,000, the amount of the reimbursement to
each such carrier shall be an amount that bears the same ratio to $400,000,000
as the reimbursable cost of that carrier bears to the sum of the reimbursable
costs of all such carriers for that year.
SEC. 403. ADDITIONAL AMOUNT FOR COCKPIT DOOR REIMBURSEMENT.
In addition to amounts appropriated under the preceding section, there
are appropriated to the Secretary of Transportation $100,000,000, to remain
available 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.
SEC. 404. AIRPORT SECURITY EXPENSES AND INVESTMENT.
There are appropriated to the Secretary of Transportation
$375,000,000, to remain available until expended, to be made available, after
consultation with the Secretary of Homeland Security, to airports for
operating expenses and capital investment related to improvements in aviation
security: Provided, That the amounts made available for capital
expenses shall be made available to airport sponsors, as such term is used in
chapter 471 of title 49, United States Code, on such terms and conditions, and
pursuant to such applications, similar to the terms, conditions, and
applications applicable to amounts made available under that chapter.
SEC. 405. EXTENSION OF WAR RISK INSURANCE AUTHORITY.
(a) EXTENSION OF POLICIES- Section 44302(f)(1) of title 49, United
States Code, is amended by striking `2003,' each place it appears and
inserting `2004,'.
(b) EXTENSION OF LIABILITY LIMITATION- Section 44303(b) of such title
is amended by striking `2003,' and inserting `2004,'.
(c) EXTENSION OF AUTHORITY- Section 44310 of such title is amended by
striking `2003.' and inserting `2004.'.
SEC. 406. LIMIT ON EXECUTIVE COMPENSATION REQUIRED FOR EXTENDED WAR RISK
INSURANCE COVERAGE.
(a) IN GENERAL- Notwithstanding any provision of law to the contrary,
the Secretary of Transportation may not provide insurance or reinsurance under
chapter 443 of title 49, United States Code, after August 31, 2003, and before
January 1, 2005, to an air carrier operating aircraft for the transportation
of passengers for compensation unless that air carrier executes a contract
with the Secretary under which the air carrier agrees that--
(1) it will not provide total compensation during the 12-month
period beginning on April 1, 2003, or the subsequent 12-month period, to an
executive officer in an amount equal to more than the annual salary paid to
that officer during the air carrier's fiscal year 2002; and
(2) if the air carrier violates its agreement under paragraph (1),
it 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
Transportation, equal to the difference between--
(A) the amount it paid for insurance provided or reinsured under
chapter 443 of such title for the 12-month period in which the violation
occurred; and
(B) the amount it would have paid for the same or similar
insurance coverage for that period if the insurance had not been provided
or reinsured under that chapter.
(b) Executive Officers Employed for Less Than 12 Months in Fiscal Year
2002 or Whose Employment Commenced After Fiscal Year 2002- For the purpose of
applying subsection (a)(1) to an executive officer--
(1) 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--
(A) 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;
(B) that annual rate of pay shall be treated as if it were the
annual salary paid to that executive officer during that air carrier's
fiscal year 2002; and
(C) that executive officer shall be deemed to have been employed
during that fiscal year; and
(2) whose employment begins after the date of enactment of this
Act--
(A) 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;
(B) 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
(C) the executive officer shall be deemed to have been employed by
that air carrier during that air carrier's fiscal year 2002.
(c) AUDIT AUTHORITY- 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 such air carriers that relate to the information
required to implement subsection (a). The Comptroller General shall transmit a
report of any investigation conducted under this subsection 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 the report.
(d) DEFINITIONS- In this section:
(1) EXECUTIVE OFFICER- The term `executive officer' means a named
executive officer (as that term is used in section 402(a)(3) of Regulation
S-K promulgated by the Securities and Exchange Commission under the
Securities Exchange Act of 1934 (17 C.F.R. 229.402(a)(3))).
(2) TOTAL COMPENSATION- The term `total compensation' has the
meaning given that term by section 104(b) of the Air Transportation Safety
and System Stabilization Act (49 U.S.C. 40101 note), but does not include
amounts paid, under a contract, retirement plan, or other legally binding
arrangement in effect on March 26, 2003, to an executive officer on account
of that executive's retirement or termination of employment.
SEC. 407. GAO REPORT ON AIRLINES ACTIONS TO IMPROVE FINANCES AND ON
EXECUTIVE COMPENSATION.
(a) FINDING- The Congress finds that the United States government has
by law provided substantial financial assistance to United States commercial
airlines in the form of war risk insurance and reinsurance and other economic
benefits and has imposed substantial economic and regulatory burdens on those
airlines. In order to determine the economic viability of the domestic
commercial airline industry and to evaluate the need for additional measures
or the modification of existing laws, the Congress needs more frequent
information and independently verified information about the financial
condition of these airlines.
(b) SEMIANNUAL REPORTS- The Comptroller General shall prepare a
semiannual report to the Congress--
(1) analyzing measures being taken by air carriers engaged in air
transportation and intrastate air transportation (as such terms are used in
subtitle VII of title 49, United States Code) to reduce costs and to improve
their earnings and profits and balance sheets; and
(A) the total compensation (as defined in section 104(b) of the
Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101
note)) paid by the air carrier to each officer or employee of that air
carrier to whom that section applies for the period to which the report
relates; and
(B) the terms and value (determined on the basis of the closing
price of the stock on the last business day of the period to which the
report relates) of any stock options awarded to such officer during that
period.
(c) GAO AUTHORITY- In order to compile the reports required by
subsection (b), 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 such
air carriers that relate to the information required to compile the reports.
The Comptroller General shall submit with each such report a certification as
to whether the Comptroller General has had access to sufficient information to
make informed judgments on the matters covered by the report.
(d) REPORTS TO CONGRESS- The Comptroller General shall transmit the
compilation of reports required by subsection (c) to 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.
SEC. 408. AIR CARRIERS TO SUBMIT OPERATIONAL EXPENSE REDUCTION
PLANS.
(a) IN GENERAL- Each air carrier that receives financial assistance
under this Act shall transmit a plan to the Comptroller General within 90 days
after the date of enactment of this Act that, if implemented, will reduce that
air carrier's annual operating expenses by an amount equal to the greater
of--
(1) 10 percent of that carrier's annual operating expenses
determined as of June 15, 2002; or
(2) the amount of financial assistance that air carrier has received
or will receive under this Act.
(b) OPERATING EXPENSES- In determining annual operating expenses for
purposes of this section, an air carrier shall compute operating expenses
attributable to fuel on the basis of the average price of such fuel for June
15, 2002.
SEC. 409. ADDITIONAL TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION FOR
DISPLACED AIRLINE RELATED WORKERS.
(a) DEFINITIONS- For purposes of this section--
(1) the term `eligible individual' means an individual whose
eligibility for temporary extended unemployment compensation under the
Temporary Extended Unemployment Compensation Act of 2002 (Public Law
107-147; 116 Stat. 21), as amended by Public Law 108-1 (117 Stat. 3), is or
would be based on the exhaustion of regular compensation, 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,
that involves the provision of transportation to or from 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 EMPLOYEES- In the case of an eligible employee, 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).
(1) IN GENERAL- For purposes of subsection (b), the Temporary
Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116
Stat. 21), as amended by Public Law 108-1 (117 Stat. 3), shall be treated as
if it had been amended as provided in this subsection.
(2) PROGRAM EXTENSION- Deem section 208 of the Temporary Extended
Unemployment Compensation Act of 2002, as amended by Public Law 108-1 (117
Stat. 3), to be amended to read as follows:
`SEC. 208. APPLICABILITY.
`(a) IN GENERAL- Subject to subsection (b), an agreement entered into
under this title shall apply to weeks of unemployment--
`(1) beginning after the date on which such agreement is entered
into; and
`(2) ending before December 29, 2003.
`(b) TRANSITION FOR AMOUNT REMAINING IN ACCOUNT-
`(1) IN GENERAL- Subject to paragraph (2), in the case of an
individual who has amounts remaining in an account established under section
203 as of December 28, 2003, temporary extended unemployment compensation
shall continue to be payable to such individual from such amounts for any
week beginning after such date for which the individual meets the
eligibility requirements of this title, including such compensation payable
by reason of amounts deposited in such account after such date pursuant to
the application of subsection (c) of such section.
`(2) LIMITATION- No compensation shall be payable by reason of
paragraph (1) for any week beginning after December 26, 2004.'.
(3) ADDITIONAL WEEKS OF BENEFITS- Deem section 203 of the Temporary
Extended Unemployment Compensation Act of 2002, as amended by Public Law
108-1 (117 Stat. 3), to be amended--
(A) in subsection (b)(1)--
(i) in subparagraph (A), by striking `50' and inserting `150';
and
(ii) by striking `13' and inserting `39'; and
(B) in subsection (c)(1), by inserting ` 1/3 of' after `equal
to'.
(4) EFFECTIVE DATE OF MODIFICATIONS DESCRIBED IN PARAGRAPH (3)-
(A) IN GENERAL- The amendments described in paragraph
(3)--
(i) shall be deemed to have taken effect as if included in the
enactment of the Temporary Extended Unemployment Compensation Act of
2002; but
(ii) shall be treated as applying only with respect to weeks of
unemployment beginning on or after the date of enactment 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)--
(aa) 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, except that
(bb) if such individual's account was both augmented by and
exhausted of all TEUC-X amounts before the date of enactment of this Act, such
determination shall be made as if exhaustion (as described in section 203(c)(1)
of such Act) had not occurred until such date of enactment.
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 allegations
of 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 knowledge or expertise in matters relating to sexual
assault, rape, and 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 2, 2003.
SEC. 502. DUTIES OF PANEL.
(a) IN GENERAL- The panel established under section 501(a) shall carry
out a study in order to determine responsibility and accountability for the
establishment or maintenance of an atmosphere at the United States Air Force
Academy that was conducive to 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) 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; and
(5) review, evaluate, and assess such other matters and materials as
the panel considers appropriate for the study.
(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 (a) to the Secretary of Defense and the Committees on Armed
Services of the Senate and the House of Representatives.
(2) The report shall include--
(A) the findings and conclusions of the panel as a result of the
study; and
(B) any recommendations for legislative or administrative action
that the panel considers appropriate in light of the study.
SEC. 503. PERSONNEL MATTERS.
(a) PAY OF MEMBERS- (1) Members of the panel established under section
501(a) shall serve without pay by reason of their work on the panel.
(2) Section 1342 of title 31, United States Code, shall not apply to
the acceptance of services of a member of the panel under this title.
(b) TRAVEL EXPENSES- The members of the panel shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of business in the
performance of services for the panel.
TITLE VI--GENERAL PROVISIONS
SEC. 601. Section 624 of division B of the Consolidated Appropriations
Resolution, 2003 (Public Law 108-7), is amended by inserting before the period
at the end: `and, effective as of October 1, 2002, by inserting `and subject
to the provisions of Public Law 108-8,' after `until expended,'.
SEC. 602. EXTENSION OF ENERGY SAVINGS PERFORMANCE CONTRACTING
AUTHORITY. Section 801(c) of the National Energy Conservation Policy Act (42
U.S.C. 8287(c)) is amended by striking `October 1, 2003' and inserting
`December 31, 2004'.
Sec. 603. None of the funds in this 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.
Sec. 604. Section 626 of title VI of division B of Public Law 108-7 is
amended by striking `previously'.
Sec. 605. Section 7304 of Public Law 107-110 is amended by striking
`such as' and inserting in lieu thereof `operated by'.
Sec. 606. Section 1605 of title 28, United States Code, is amended by
adding at the end the following new subsection:
`(h) CLAIMS FOR MONEY DAMAGES FOR DEATH OR PERSONAL INJURY- (1) Any
United States citizen who dies or suffers injury caused by a foreign state's
act of torture, extrajudicial killing, aircraft sabotage, or hostage taking
committed on or after November 1, 1979, and any member of the immediate family
of such citizen, shall have a claim for money damages against such foreign
state, as authorized by subsection (a)(7), for death or personal injury
(including economic damages, solatium, pain and suffering).
`(2) A claim under paragraph (1) shall not be barred or precluded by
the Algiers Accords.'.
Sec. 607. Section 127b(b) of title 10, United States Code, is amended
by striking `$200,000' and inserting `$5,000,000'.
This Act may be cited as the `Supplemental Appropriations Act to
Support Department of Defense Operations in Iraq for Fiscal Year
2003'.
Attest:
Secretary.
108th CONGRESS
1st Session
H. R. 1559
AMENDMENT
END