--H.R.1559--
H.R.1559
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
Making emergency wartime supplemental appropriations for the fiscal
year 2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated, for
the fiscal year ending September 30, 2003, and for other purposes, namely:
TITLE I--WAR-RELATED APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
BUILDINGS AND FACILITIES
For an additional amount for `Buildings and Facilities', $110,000,000, to
remain available until expended.
Public Law 480 Title II Grants
(INCLUDING TRANSFER OF FUNDS)
For additional expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest thereon,
under the Agricultural Trade Development and Assistance Act of 1954,
$369,000,000, to remain available until expended, for commodities supplied in
connection with dispositions abroad under title II of said Act:
Provided, That from this amount, to the maximum extent possible,
funding shall be restored to the previously approved fiscal year 2003 programs
under section 204(a)(2) of the Agricultural Trade Development and Assistance
Act of 1954: Provided further, That of the funds provided under this
heading, the Secretary of Agriculture shall transfer to the Commodity Credit
Corporation $69,000,000 to acquire a quantity of commodities for use in
administering the Bill Emerson Humanitarian Trust: Provided further,
That the authority contained in 7 U.S.C. 1736f-1(c)(4) shall not apply during
fiscal year 2003 for any release of commodities after the date of enactment of
this Act.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
For an additional amount for `General Administration, Salaries and
Expenses', $5,000,000, to remain available until September 30, 2004.
COUNTERTERRORISM FUND
For an additional amount for `Counterterrorism Fund', $20,000,000, to
remain available until December 31, 2003: Provided, That funds
provided under this paragraph shall be available only after the Attorney
General notifies the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605 of division B of
Public Law 108-7.
DETENTION TRUSTEE
For an additional amount for `Detention Trustee' for the detention of
Federal prisoners in the custody of the United States Marshals Service,
$40,000,000.
OFFICE OF INSPECTOR GENERAL
For an additional amount for `Office of Inspector General', $2,500,000, to
remain available until September 30, 2004.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
For an additional amount for `Salaries and Expenses, United States
Marshals Service' for necessary expenses, $8,000,000, to remain available
until September 30, 2004.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for `Federal Bureau of Investigations, Salaries
and Expenses', $367,192,000, to remain available until September 30, 2004:
Provided, That the funds provided under this heading shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in section 605 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 2003.
Office of Justice Programs
COMMUNITY ORIENTED POLICING SERVICES
For an additional amount for `Community Oriented Policing Services',
$54,750,000, to remain available until December 31, 2003, shall be for the
Community Oriented Policing Services, Interoperable Communications Technology
Program, for grants to States and localities to improve communications within
and among law enforcement agencies: Provided, That the funds provided
under this heading shall not be available for obligation or expenditure except
in compliance with the procedures set forth in section 605 of the Departments
of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2003.
THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
For an additional amount for `Supreme Court of the United States, Salaries
and Expenses' for police enhancements, $1,535,000, to remain available until
September 30, 2004.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
For an additional amount for `United States Court of Appeals for the
Federal Circuit, Salaries and Expenses' for court security officer expenses,
$973,000, to remain available until September 30, 2004.
United States Court of International Trade
SALARIES AND EXPENSES
For an additional amount for `United States Court of International Trade,
Salaries and Expenses' to enhance security, $50,000.
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for `Diplomatic and Consular Programs',
$88,420,000, to remain available until December 31, 2003: Provided,
That $35,800,000 shall be available for costs associated with the
re-establishment of a United States diplomatic presence in Baghdad, Iraq.
In addition, for the costs of worldwide security upgrades, $10,000,000, to
remain available until December 31, 2003.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for `Embassy Security, Construction, and
Maintenance', $149,500,000, to remain available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For an additional amount for `Emergencies in the Diplomatic and Consular
Service', $50,000,000, to remain available until expended, which may be
transferred to, and merged with, the appropriations for `Diplomatic and
Consular Programs'.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for `International Broadcasting Operations' for
activities related to the Middle East Television Network broadcasting to the
Middle East and radio broadcasting to Iraq, $30,500,000, to remain available
until September 30, 2004.
GENERAL PROVISION, THIS CHAPTER
SEC. 1201. Funds appropriated under this chapter for the Broadcasting
Board of Governors and the Department of State may be obligated and expended
notwithstanding section 313 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995, and section 15 of the State Department Basic Authorities
Act of 1956, as amended.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for `Military Personnel, Army',
$7,700,000,000.
Military Personnel, Navy
For an additional amount for `Military Personnel, Navy',
$1,600,000,000.
Military Personnel, Marine Corps
For an additional amount for `Military Personnel, Marine Corps',
$1,200,000,000.
Military Personnel, Air Force
For an additional amount for `Military Personnel, Air Force',
$2,800,000,000.
Reserve Personnel, Army
For an additional amount for `Reserve Personnel, Army', $3,000,000.
National Guard Personnel, Army
For an additional amount for `National Guard Personnel, Army',
$100,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for `Operation and Maintenance, Army',
$16,000,000,000.
Operation and Maintenance, Navy
For an additional amount for `Operation and Maintenance, Navy',
$5,100,000,000.
Operation and Maintenance, Marine Corps
For an additional amount for `Operation and Maintenance, Marine Corps',
$1,650,000,000.
Operation and Maintenance, Air Force
For an additional amount for `Operation and Maintenance, Air Force',
$7,100,000,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for `Operation and Maintenance, Defense-Wide',
$1,200,000,000.
Operation and Maintenance, Army Reserve
For an additional amount for `Operation and Maintenance, Army Reserve',
$3,000,000.
Operation and Maintenance, Navy Reserve
For an additional amount for `Operation and Maintenance, Navy Reserve',
$7,000,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for `Operation and Maintenance, Marine Corps
Reserve', $20,000,000.
Operation and Maintenance, Army National Guard
For an additional amount for `Operation and Maintenance, Army National
Guard', $75,000,000.
Operation and Maintenance, Air National Guard
For an additional amount for `Operation and Maintenance, Air National
Guard', $20,000,000.
Iraq Freedom Fund
(TRANSFER OF FUNDS)
There is established in the Treasury of the United States a special
account to be known as the `Iraq Freedom Fund'. For additional expenses for
ongoing military operations in Iraq, and those operations authorized by Public
Law 107-40, and other operations and related activities in support of the
global war on terrorism, not otherwise provided for, necessary to finance the
estimated partial costs of combat, stability operations (including natural
resource risk remediation activities), force reconstitution, replacement of
munitions and equipment, and other costs, there is hereby appropriated
$15,678,900,000, to remain available for transfer until September 30, 2004:
Provided, That amounts provided under this heading shall be available
for transfer for the following activities:
Not less than $1,771,180,000 for classified programs, which shall be in
addition to amounts provided for elsewhere in this chapter, and under this
heading, for procurement and research, development, test and
evaluation;
Not less than $1,100,000,000 for increased fuel costs, for transfer to
`Defense Working Capital Funds';
Up to $1,400,000,000 for transfer to `Operation and Maintenance,
Defense-Wide', only for purposes further specified in section 1310 of this
chapter;
Up to $489,300,000 for transfer to the `Natural Resources Risk
Remediation Fund';
Up to $400,000,000 for transfer to Department of Homeland Security,
`United States Coast Guard, Operating Expenses', to support military
activities in connection with operations in and around Iraq and the global
war on terrorism;
Up to $57,600,000 for research, development, test, and evaluation;
and
Up to $25,000,000 for counter-terrorism military training activities for
foreign governments in connection with the global war on terrorism,
including equipment, supplies and services, on such terms as the Secretary
of Defense, with the concurrence of the Secretary of State and 15 days
following submission of a financial plan for the use of such funds to the
congressional defense committees, may determine:
Provided further, That in addition to the transfers authorized in
the preceding proviso, the Secretary of Defense may transfer the funds
provided herein to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster Assistance, and Civic Aid;
procurement; research, development, test and evaluation; military
construction; the Defense Health Program appropriation; and working capital
funds: Provided further, That the funds transferred under this
heading shall be merged with and shall be available for the same purposes and
for the same time period, as the appropriation to which transferred:
Provided further, That the transfer authority provided in this
paragraph is in addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a determination
that all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the Secretary of
Defense shall, not fewer than 5 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing of the
details of any such transfer: Provided further, That the Secretary of
Defense shall submit a report no later than July 1, 2003, and then 30 days
after the end of each fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this appropriation.
Natural Resources Risk Remediation Fund
(TRANSFER OF FUNDS)
There is established in the Treasury of the United States a special
account to be known as the `Natural Resources Risk Remediation Fund'. Funds
transferred to, appropriated to, and contributions made to, the Natural
Resources Risk Remediation Fund may be made available for expenses necessary,
in and around Iraq, to address emergency fire fighting, repair of damage to
oil facilities and related infrastructure, and preserve a distribution
capability, and may remain available until expended: Provided, That
up to $489,300,000 of the funds appropriated to the Iraq Freedom Fund in this
Act may be transferred to this fund: Provided further, That the
Secretary of Defense may accept from any person, foreign government, or
international organization, and credit to this fund, any contribution of money
for such purposes: Provided further, That funds available in the
Defense Cooperation Account may be transferred to and merged with the Natural
Resources Risk Remediation Fund: Provided further, That the Secretary
of Defense may transfer funds available in the Natural Resources Risk
Remediation Fund to other appropriations or funds of the Department of Defense
to carry out such purposes, or to reimburse such appropriations or funds for
expenses incurred for such purposes: Provided further, That funds so
transferred shall be merged with and shall be available for the same purposes
and for the same time period as the appropriation or fund to which
transferred: Provided further, That the transfer authority provided
in this paragraph is in addition to any other transfer authority available to
the Department of Defense: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided, such amounts may be
transferred back to this appropriation: Provided further, That in
administering the Natural Resources Risk Remediation Fund during fiscal year
2003, the Secretary of Defense may transfer funds from the Iraq Freedom Fund
only to the extent that amounts transferred from the Defense Cooperation
Account and amounts accepted pursuant to the authority of the second proviso
of this paragraph are not currently available: Provided further,
That, hereafter, contributions of money deposited into the Natural Resources
Risk Remediation Fund shall be reported to the Congress in the same report,
and under the same terms and conditions, as the report required for
contributions to the Defense Cooperation Account under section 2608, chapter
155 of title 10, United States Code: Provided further, That the
Secretary of Defense shall submit a report no later than 30 days after the end
of each fiscal quarter to the congressional defense committees of any transfer
of funds from this appropriation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for `Aircraft Procurement, Army', $4,100,000.
Missile Procurement, Army
For an additional amount for `Missile Procurement, Army', $3,100,000.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for `Procurement of Weapons and Tracked Combat
Vehicles, Army', $53,300,000.
Procurement of Ammunition, Army
For an additional amount for `Procurement of Ammunition, Army',
$447,500,000.
Other Procurement, Army
For an additional amount for `Other Procurement, Army', $241,800,000.
Other Procurement, Air Force
For an additional amount for `Other Procurement, Air Force',
$113,600,000.
Procurement, Defense-Wide
For an additional amount for `Procurement, Defense-Wide', $451,000,000.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for `Research, Development, Test and Evaluation,
Army', $11,500,000.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for `Research, Development, Test and Evaluation,
Defense-Wide', $70,000,000, to remain available for obligation until September
30, 2004.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for `Defense Health Program', $501,700,000 for
Operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for `Drug Interdiction and Counter-Drug
Activities, Defense', $34,000,000.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1301. Except as otherwise specifically provided in this chapter,
amounts provided to the Department of Defense under each of the headings in
this chapter shall be available for the same time period, and subject to the
same terms and conditions, as the amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 2003 (Public Law
107-248) and Making Further Continuing Appropriations for the Fiscal Year
2003, and for Other Purposes (Public Law 108-7).
SEC. 1302. None of the funds provided in this chapter may be used to
finance programs or activities denied by Congress in previous fiscal year 2003
appropriations acts which make appropriations to the Department of Defense or
to initiate a procurement or research, development, test and evaluation new
start program without prior notification to the congressional defense
committees.
SEC. 1303. None of the funds in this chapter may be used to develop or
procure any item or capability that will not be fielded within 4 years of
enactment of this Act.
SEC. 1304. (a) Title II of the Department of Defense Appropriations Act,
2003 (Public Law 107-248), is amended under the heading `Operation and
Maintenance, Defense-Wide' by striking `$25,000,000' and inserting
`$50,000,000'.
(b) During fiscal year 2003 and notwithstanding the limitations in section
166a(e)(1) of title 10, United States Code, of the total amount available
under such heading for the CINC initiative fund account (as amended by
subsection (a)), not more than $15,000,000 may be used for the purpose
described in subparagraph (A) of such section 166a(e)(1), not more than
$10,000,000 may be used for the purpose described in subparagraph (B) of such
section, and not more than $10,000,000 may be used for the purpose described
in subparagraph (C) of such section.
SEC. 1305. Title II of the Department of Defense Appropriations Act, 2003
(Public Law 107-248), is amended under the heading `Operation and Maintenance,
Defense-Wide' by striking `$34,500,000' and inserting `$50,000,000'.
(TRANSFER OF FUNDS)
SEC. 1306. Section 8005 of the Department of Defense Appropriations Act,
2003 (Public Law 107-248), is amended--
(1) by striking `$2,000,000,000' and inserting `$2,500,000,000';
(2) by striking `May 31, 2003' and inserting `June 30, 2003'; and
(3) by striking the sixth proviso, as added by section 112 of division M
of Public Law 108-7, beginning with `: Provided further,' and
ending with `to which transferred'.
(INCLUDING TRANSFER OF FUNDS)
SEC. 1307. In addition to amounts made available elsewhere in this Act for
the Department of Defense, $165,000,000 is appropriated to the Department of
Defense to reimburse applicable appropriations for the value of drawdown
support provided by the Department of Defense under the Afghanistan Freedom
Support Act of 2002: Provided, That this appropriation shall not
increase the limitation set forth in section 202(b) of that Act: Provided
further, That the Secretary of Defense may transfer the funds provided
herein to the applicable appropriations of the Department of Defense:
Provided further, That the funds transferred shall be merged with and
shall be available for the same purposes and for the same time period as the
appropriation to which transferred: Provided further, That the
transfer authority provided in this section is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That notwithstanding any other provision of law, none of the
funds provided in this or any other appropriations Act for the Department of
Defense may be used for the drawdown authority in section 202 of the
Afghanistan Freedom Support Act of 2002 (Public Law 107-327) prior to
notifying in writing the House and Senate Committees on Appropriations of the
source of the funds to be used for such purpose.
SEC. 1308. Funds appropriated in this Act, or made available by the
transfer of funds in or pursuant to this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414).
SEC. 1309. (a) Of the amounts available to the Secretary of Defense,
$63,500,000 may be used to reimburse applicable appropriations for the value
of support provided by the Department of Defense under the Iraq Liberation Act
of 1998: Provided, That this appropriation shall not increase the
limitation set forth in section (4)(a)(2)(B) of that Act.
(b) Section (4)(a)(2) of the Iraq Liberation Act of 1998 is amended by
adding the following new subparagraph at the end:
`(C) The aggregate value (as defined in section 644(m) of the Foreign
Assistance Act of 1961) of assistance provided under this paragraph may
not exceed $86,500,000 in fiscal year 2003.'.
(c) Notwithstanding any other provision of law, none of the funds provided
in this or any other appropriations Act for the Department of Defense may be
used for the drawdown authority in section (4)(a)(2) of the Iraq Liberation
Act of 1998 (including the drawdown authority of this section) unless the
House and Senate Committees on Appropriations are notified in writing of the
sources of the funds to be used for such purpose not later than 7 days
following the exercise of the drawdown authority.
(INCLUDING TRANSFER OF FUNDS)
SEC. 1310. Up to $1,400,000,000 of funds transferred under the authority
provided under the heading `Iraq Freedom Fund' to `Operation and Maintenance,
Defense-Wide' may be used, notwithstanding any other provision of law, for
payments to reimburse Pakistan, Jordan, and other key cooperating nations, for
logistical and military support provided, or to be provided, to United States
military operations in connection with military action in Iraq and the global
war on terrorism: Provided, That such payments may be made in such
amounts as the Secretary of Defense, with the concurrence of the Secretary of
State and in consultation with the Director of the Office of Management and
Budget, may determine, in his discretion, based on documentation determined by
the Secretary of Defense to adequately account for the support provided, and
such determination is final and conclusive upon the accounting officers of the
United States, and 15 days following notification to the appropriate
congressional committees: Provided further, That unless expressly
provided in an appropriations Act enacted after the date of enactment of this
Act, and notwithstanding any other provision of law, no funds other than those
additional amounts provided herein shall be made available for any payments
intended to fulfill the purposes specified in this section and similar
reimbursement authorities expressly provided in section 304 of Public Law
107-117 and within the `Operation and Maintenance, Defense-Wide' appropriation
account enacted in Public Law 107-206: Provided further, That not
later than July 1, 2003, the Secretary of Defense shall submit a report in
writing to the Committees on Appropriations that includes a financial plan for
the obligation and expenditure of such funds: Provided further, That
if such report is not provided to the Committees on Appropriations by the date
specified in the previous proviso, unobligated balances of funds that are
available from the amounts provided in this chapter for the purposes specified
under this section shall be returned to the Treasury of the United States:
Provided further, That, beginning not later than July 1, 2003, the
Secretary of Defense shall provide quarterly reports to the Committees on
Appropriations on the uses of funds made available for payments to Pakistan,
Jordan, and other key cooperating nations for logistical and military support
provided to United States military operations in connection with military
action in and around Iraq and the global war on terrorism.
(TRANSFER OF FUNDS)
SEC. 1311. Upon determination by the Secretary of Defense that such action
is necessary in the national interest, he may transfer between appropriations
up to $2,000,000,000 of the funds made available in this chapter:
Provided, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority: Provided
further, That the transfer authority provided in this section is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That the authority in this section is
subject to the same terms and conditions as the authority provided in section
8005 of Public Law 107-248 except for the fourth proviso.
SEC. 1312. The Secretary of Defense shall notify the congressional defense
committees no later than 15 days after the obligation of funds appropriated in
this Act for military construction activities or minor construction in excess
of $7,500,000.
(TRANSFER OF FUNDS)
SEC. 1313. As of October 31, 2003, all balances of funds remaining in the
`Defense Emergency Response Fund' shall be transferred to, and merged with,
the `Iraq Freedom Fund', and shall be available for the same purposes, and
under the same terms and conditions, as funds appropriated to the `Iraq
Freedom Fund' in this chapter.
(INCLUDING TRANSFER OF FUNDS)
SEC. 1314. Technical Adjustments to Public Law 107-248. Notwithstanding
any other provision of law, the following adjustments and transfers shall
apply to funds previously made available, and to restrictions, in the
Department of Defense Appropriations Act, 2003 (Public Law 107-248):
(1) Under the heading `Operation and Maintenance, Army National Guard',
not more than $3,000,000 is available to build an Infantry Brigade Rifle
Range for the South Carolina National Guard; and, in addition,
appropriations available during fiscal year 2003 under the heading
`Operation and Maintenance, Army', not more than $2,000,000 is available for
training range enhancements at Fort Indiantown Gap, Pennsylvania and,
further, appropriations available for the Air Battle Captain program at the
University of North Dakota may be used to provide summer flight training to
the United States Military Academy cadets.
(2) Under the heading, `Operation and Maintenance, Air Force', not more
than $6,800,000 is available to build and install fiber optic and power
improvements and upgrades at the 11th Air Force Range.
(3) Under the heading, `Procurement, Defense-Wide', strike `purchase of
4' and insert `purchase of 6'.
(4) Upon enactment of this Act, the Secretary of Defense shall make the
following transfers of funds provided in Public Law 107-248 for the
Dismounted Intelligence Situation Mapboard (DISM) program, and such funds,
once transferred, are available for the Dismounted Intelligence Situation
Mapboard (DISM) program: Provided, That the amounts transferred
shall be available for the same purpose as the appropriations to which
transferred, and for the same time period as the appropriation from which
transferred: Provided further, That the amounts shall be
transferred between the following appropriations in the amount
specified:
Under the heading `Other Procurement, Army, 2003/2005', $5,600,000;
and
Under the heading `Research, Development, Test and Evaluation, Army,
2003/2004', $2,800,000.
Under the heading `Procurement, Marine Corps, 2003/2005',
$2,800,000;
Under the heading `Procurement, Defense-Wide, 2003/2005',
$2,800,000;
Under the heading `Research, Development, Test and Evaluation, Navy,
2003/2004', $1,400,000; and
Under the heading `Research, Development, Test and Evaluation,
Defense-Wide, 2003/2004', $1,400,000.
SEC. 1315. Section 811(b) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2608; 10 U.S.C. 2406c
note) is amended by striking `on or after the date of the enactment of this
Act' and inserting `on or after January 1, 2004'.
SEC. 1316. (a) INCREASE IN IMMINENT DANGER SPECIAL PAY- Section 310(a) of
title 37, United States Code, is amended by striking `$150' and inserting
`$225'.
(b) INCREASE IN FAMILY SEPARATION ALLOWANCE- Section 427(a)(1) of title
37, United States Code, is amended by striking `$100' and inserting `$250'.
(c) EXPIRATION- (1) The amendments made by subsections (a) and (b) shall
expire on September 30, 2003.
(2) Effective on September 30, 2003, sections 310(a) of title 37, United
States Code, and 427(a)(1) of title 37, United States Code, as in effect on
the day before the date of the enactment of this Act are hereby revived.
(d) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall
take effect on October 1, 2002, and shall apply with respect to months
beginning on or after that date.
(RESCISSION OF FUNDS)
Sec. 1317. Of the funds appropriated in Department of Defense
appropriations Acts, the following funds are hereby rescinded from the
following account in the specified amount: `Research, Development, Test and
Evaluation, Navy, 2003/2004', $3,400,000.
Sec. 1318. In the case of a member of the Armed Forces who is ill or
injured as described in section 411h of title 37, United States Code, as a
result of service on active duty in support of Operation Noble Eagle,
Operation Enduring Freedom or Operation Iraqi Freedom, in addition to the
transportation benefits authorized under that section, travel allowances may
be provided to members of the family of the ill or injured member without
regard to whether there is a determination that the presence of the family
member may contribute to the member's health and welfare.
Sec. 1319. (a) For a member of the Armed Forces medically evacuated for
treatment in a medical facility, or for travel to a medical facility or the
member's home station, by reason of an illness or injury incurred or
aggravated by the member while on active duty in support of Operation Noble
Eagle, Operation Enduring Freedom or Operation Iraqi Freedom, the Secretary of
the military department concerned may procure civilian attire suitable for
wear by the member during the travel.
(b) The Secretary may not expend more than $250 for the procurement of
civilian attire for any member under subsection (a).
CHAPTER 4
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for homeland security expenses, for `Operation
and Maintenance, General', $39,000,000, to remain available until expended.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
For an additional amount for homeland security expenses, for `Water and
Related Resources', $25,000,000, to remain available until expended.
DEPARTMENT OF ENERGY
Energy Programs
SCIENCE
For an additional amount for `Science' for expenses necessary to support
safeguards and security of nuclear and other facilities and for other
purposes, $11,000,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
WEAPONS ACTIVITIES
For an additional amount for `Weapons Activities' for expenses necessary
to safeguard nuclear weapons and nuclear material, $67,000,000, to remain
available until expended: Provided, That $20,000,000 of the funds
provided shall be available for secure transportation asset activities:
Provided further, That $47,000,000 of the funds provided shall be
available to meet increased safeguards and security needs throughout the
nuclear weapons complex.
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for `Defense Nuclear Nonproliferation',
$148,000,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Restoration and Waste Management
For an additional amount for `Defense Environmental Restoration and Waste
Management', for expenses necessary to support safeguards and security
activities at nuclear and other facilities, $6,000,000, to remain available
until expended.
OTHER DEFENSE ACTIVITIES
For an additional amount for `Other Defense Activities', $4,000,000, to
remain available until expended.
CHAPTER 5
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
United States Agency for International Development
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For an additional amount for `Child Survival and Health Programs Fund',
$90,000,000, to remain available until September 30, 2004.
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for `International Disaster Assistance',
$143,800,000, to remain available until expended: Provided, That
amounts made available pursuant to section 492(b) of the Foreign Assistance
Act of 1961 for the purpose of addressing relief and rehabilitation needs in
Iraq, prior to enactment of this Act, shall be in addition to the amount that
may be obligated in any fiscal year under that section: Provided
further, That during the remainder of fiscal year 2003 the authority
referenced in the preceding proviso may not be utilized unless written notice
has been provided to the Committees on Appropriations not less than 5 days
prior to the exercise of such authority.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For an additional amount for `Operating Expenses of the United States
Agency for International Development', $24,500,000, of which not less than
$3,500,000 may be transferred to and merged with `Operating Expenses of the
United States Agency for International Development Office of Inspector
General' for financial and program audits of the Iraq Relief and
Reconstruction Fund and other assistance for Iraq.
OTHER BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
IRAQ RELIEF AND RECONSTRUCTION FUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for humanitarian assistance in and around Iraq and
to carry out the purposes of the Foreign Assistance Act of 1961 for
rehabilitation and reconstruction in Iraq, there is appropriated to the
President, $2,475,000,000, to remain available until September 30, 2004,
including for the costs of: (1) water/sanitation infrastructure; (2) feeding
and food distribution; (3) supporting relief efforts related to refugees,
internally displaced persons, and vulnerable individuals, including assistance
for families of innocent Iraqi civilians who suffer losses as a result of
military operations; (4) electricity; (5) healthcare; (6) telecommunications;
(7) economic and financial policy; (8) education; (9) transportation; (10)
rule of law and governance; (11) humanitarian demining; and (12) agriculture:
Provided, That these funds shall be apportioned only to the
Department of State, the United States Agency for International Development,
the Department of the Treasury, the Department of Defense, and the Department
of Health and Human Services, as appropriate, for expenses to meet such costs:
Provided further, That funds appropriated under this heading shall be
used to fully reimburse accounts administered by the Department of State, the
Department of the Treasury and the United States Agency for International
Development, not otherwise reimbursed from funds appropriated by this chapter,
for obligations incurred for the purposes provided under this heading prior to
enactment of this Act from funds appropriated for foreign operations, export
financing, and related programs: Provided further, That prior to the
initial apportionment of funds made available under this heading to any agency
or department, the President, or his designee, shall consult with the
Committees on Appropriations on plans for the use of the funds appropriated
under this heading that will be used for assistance for Iraq: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this appropriation:
Provided further, That the United States may accept from any person,
foreign government, or international organization, and credit to this Fund,
any contribution of money for such purposes: Provided further, That
funds appropriated under this heading shall be available notwithstanding any
other provision of law, including section 10 of Public Law 91-672 and section
15 of the State Department Basic Authorities Act of 1956: Provided
further, That funds appropriated under this heading or transferred under
provisions of this chapter or section 632 of the Foreign Assistance Act of
1961 that are made available for assistance for Iraq shall be subject to
notification of the Committees on Appropriations, except that notifications
shall be transmitted at least 5 days in advance of the obligation of funds.
ECONOMIC SUPPORT FUND
For an additional amount for `Economic Support Fund', $2,422,000,000, of
which:
(1) not less than $700,000,000 shall be made available for assistance
for Jordan;
(2) $300,000,000, to remain available until September 30, 2005, shall be
made available only for grants for Egypt: Provided, That during the
period beginning March 1, 2003, and ending September 30, 2005, loan
guarantees may be made to Egypt, the principal amount, any part of which is
to be guaranteed, shall not exceed $2,000,000,000: Provided
further, That the Government of Egypt will incur all the costs, as
defined in section 502 of the Federal Credit Reform Act of 1990, as amended,
associated with these loan guarantees, including any non-repayment exposure
risk: Provided further, That all fees associated with these loan
guarantees, including subsidy and administrative costs, shall be paid by the
Government of Egypt to the Government of the United States: Provided
further, That funds made available under this paragraph and other funds
appropriated to carry out chapter 4 of part II of the Foreign Assistance Act
of 1961 and made available for assistance for Egypt may be used by the
Government of Egypt to pay such fees to the United States Government:
Provided further, That such guarantees shall constitute
obligations, in accordance with the terms of such guarantees, of the United
States and the full faith and credit of the United States is hereby pledged
for full payment and performance of such obligations: Provided
further, That the President shall determine the terms and conditions
for issuing the economic assistance authorized by this paragraph and should
take into consideration budgetary and economic reforms undertaken by Egypt:
Provided further, That if the President determines that these terms
and conditions have been breached, the President may suspend or terminate
the provision of all or part of such economic assistance not yet outlayed
under this paragraph;
(3) not to exceed $1,000,000,000, to remain available until September
30, 2005, for grants for Turkey: Provided, That during the period
beginning March 1, 2003, and ending September 30, 2005, direct loans or loan
guarantees may be made to Turkey, the principal amount of direct loans or
loans, any part of which is to be guaranteed, shall not exceed
$8,500,000,000: Provided further, That the Government of Turkey
will incur all the costs, as defined in section 502 of the Federal Credit
Reform Act of 1990, as amended, associated with these loans or loan
guarantees, including any non-repayment exposure risk: Provided further,
That all fees associated with these loans or loan guarantees, including
subsidy and administrative costs, shall be paid by the Government of Turkey
to the Government of the United States: Provided further, That
funds made available under this paragraph and other funds appropriated to
carry out chapter 4 of part II of the Foreign Assistance Act of 1961 and
made available for assistance for Turkey may be used by the Government of
Turkey to pay such fees to the United States Government: Provided
further, That such guarantees shall constitute obligations, in
accordance with the terms of such guarantees, of the United States and the
full faith and credit of the United States is hereby pledged for the full
payment and performance of such obligations: Provided further, That
none of the funds made available by this paragraph may be made available for
assistance for Turkey if the Secretary of State determines and reports to
the Committees on Appropriations of the House and Senate, the Committee on
Foreign Relations of the Senate and Committee on International Relations of
the House that the Government of Turkey is not cooperating with the United
States in Operation Iraqi Freedom, including the facilitation of
humanitarian assistance to Iraq, or has unilaterally deployed troops into
northern Iraq: Provided further, That the President shall determine
the terms and conditions for issuing the economic assistance authorized by
this paragraph and should take into consideration budgetary and economic
reforms undertaken by Turkey: Provided further, That if the
President determines that these terms and conditions have been breached, the
President may suspend or terminate the provision of all or part of such
economic assistance not yet outlayed under this paragraph: Provided
further, That any balance of funds not made available to Turkey under
this paragraph shall be transferred to, and merged with, funds appropriated
for `Iraq Relief and Reconstruction Fund';
(4) not less than $30,000,000 for assistance for the Philippines to
further prospects for peace in Mindanao, and not less than $167,000,000 for
assistance for Afghanistan: Provided, That of the funds
appropriated under this heading, $10,000,000 should be made available for
investigations and research into allegations of war crimes, crimes against
humanity, or genocide committed by Saddam Hussein or other Iraqis, and for a
contribution to an international tribunal to bring these individuals to
justice;
(5) regional funds made available under this heading for assistance that
are not specified in paragraphs (1) through (4) shall be subject to the
regular notification procedures of the Committees on Appropriations;
and
(6) unless otherwise specified herein, funds appropriated under this
heading shall remain available until September 30, 2004.
LOAN GUARANTEES TO ISRAEL
During the period beginning March 1, 2003, and ending September 30, 2005,
loan guarantees may be made available to Israel, guaranteeing 100 percent of
the principal and interest on such loans, the principal amount, any part of
which is to be guaranteed, not to exceed $9,000,000,000, of which up to
$3,000,000,000 may be issued prior to October 1, 2003, or thereafter and of
which $3,000,000,000 may be issued subsequent to September 30, 2004:
Provided, That such guarantees shall constitute obligations, in
accordance with the terms of such guarantees, of the United States and the
full faith and credit of the United States is hereby pledged for the full
payment and performance of such obligations: Provided further, That
if less than the full amount of guarantees authorized to be made available is
issued prior to September 30, 2005, the authority to issue the balance of such
guarantees shall extend to the subsequent fiscal year: Provided
further, That guarantees may be issued under this section only to support
activities in the geographic areas which were subject to the administration of
the Government of Israel before June 5, 1967: Provided further, That
the amount of guarantees that may be issued shall be reduced by an amount
equal to the amount extended or estimated to have been extended by the
Government of Israel during the period from March 1, 2003, to the date of
issue of the guarantee, for activities which the President determines are
inconsistent with the objectives and understandings reached between the United
States and the Government of Israel regarding the implementation of the loan
guarantee program: Provided further, That the President shall submit
a report to Congress no later than September 30 of each fiscal year during the
pendency of the program specifying the amount calculated under the preceding
proviso and that will be deducted from the amount of guarantees authorized to
be issued in the next fiscal year: Provided further, That the
interest rate for loans guaranteed under this heading may include a reasonable
fee to cover the costs and fees incurred by the borrower in connection with
this program or financing under this heading in the event the borrower elects
not to finance such costs or fees out of loan principal: Provided
further, That no appropriations under this heading are available for the
subsidy costs for these loan guarantees: Provided further, That the
Government of Israel will pay the cost, as defined in section 502 of the
Federal Credit Reform Act of 1990, as amended, including any non-payment
exposure risk, associated with the loan guarantees issued in any fiscal year,
on a pro rata basis as each guarantee is issued during that year: Provided
further, That all fees (as defined in section 601(e) of Public Law
102-391) associated with the loan guarantees shall be paid by the Government
of Israel to the Government of the United States: Provided further,
That funds made available for assistance to Israel under chapter 4 of
part II of the Foreign Assistance Act of 1961, as amended, may be utilized by
the Government of Israel to pay such fees to the United States Government:
Provided further, That the President shall determine the terms and
conditions for issuing guarantees, taking into consideration the budgetary and
economic reforms undertaken by Israel: Provided further, That if the
President determines that these terms and conditions have been breached, the
President may suspend or terminate the provision of all or part of the loan
guarantees not yet issued under this heading.
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
For an additional amount for `International Narcotics Control and Law
Enforcement', $25,000,000, to remain available until September 30, 2004.
Andean Counterdrug Initiative
For an additional amount for the `Andean Counterdrug Initiative',
$34,000,000, to remain available until September 30, 2004: Provided,
That of the funds appropriated under this heading that are made available for
Colombia, not less than $5,000,000 should be made available for programs and
activities to assist persons who have been displaced as a result of armed
conflict.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For an additional amount for `United States Emergency Refugee and
Migration Assistance Fund', $80,000,000, to remain available until expended,
notwithstanding section 2(c)(2) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)(2)).
Nonproliferation, Anti-Terrorism, Demining and Related Programs
For an additional amount for `Nonproliferation, Anti-Terrorism, Demining
and Related Programs', $28,000,000: Provided, That funds appropriated
by this paragraph shall be available notwithstanding section 10 of Public Law
91-672 and section 15 of the State Department Basic Authorities Act of
1956.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Foreign Military Financing Program
For an additional amount for the `Foreign Military Financing Program',
$2,059,100,000: Provided, That funds appropriated by this paragraph
shall be available notwithstanding section 10 of Public Law 91-672 and section
15 of the State Department Basic Authorities Act of 1956: Provided
further, That of the funds appropriated under this heading, not less than
$406,000,000 shall be made available for grants only for Jordan and not less
than $1,000,000,000 shall be available for grants only for Israel:
Provided further, That the funds appropriated by this paragraph for
Israel shall be disbursed within 30 days of the enactment of this Act:
Provided further, That to the extent that the Government of Israel
requests that funds be used for such purposes, grants made available for
Israel by this paragraph shall, as agreed to by the United States and Israel,
be available for advanced weapons systems, of which not less than $263,000,000
shall be available for the procurement in Israel of defense articles and
defense services, including research and development: Provided
further, That up to $20,000,000 of the funds appropriated by this
paragraph may be transferred to and merged with funds appropriated under the
heading `Andean Counterdrug Initiative' for aircraft, training, and other
assistance for the Colombian Armed Forces: Provided further, That,
except for Israel and Jordan, funds appropriated under this heading shall be
subject to the regular notification procedures of the Committees on
Appropriations, except that notifications shall be transmitted at least 5 days
in advance of the commitment of funds: Provided further, That such
notification shall be in the form of a report (in classified or unclassified
form) which contains each country receiving assistance from funds aggregated
under this heading, other than Israel and Jordan, the amount of assistance to
be provided and a description of the equipment and other assistance being
financed from such funds.
Peacekeeping Operations
For an additional amount for `Peacekeeping Operations', $100,000,000, to
remain available until September 30, 2004.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1501. Any appropriation made available in this chapter under the
headings `International Disaster Assistance', `United States Emergency Refugee
and Migration Assistance Fund', `Nonproliferation, Anti-Terrorism, Demining
and Related Programs', `Peacekeeping Operations', or `Iraq Relief and
Reconstruction Fund' may be transferred between such appropriations for use
for any of the purposes for which the funds in such receiving account may be
used: Provided, That the total amount transferred from funds
appropriated under these headings shall not exceed $100,000,000: Provided
further, That the Secretary of State shall consult with the Committees on
Appropriations prior to exercising the authority contained in this section:
Provided further, That funds made available pursuant to the authority
of this section shall be subject to the regular notification procedures of the
Committees on Appropriations, except that notification shall be transmitted at
least 5 days in advance of the obligations of funds.
SEC. 1502. Assistance or other financing under this chapter may be
provided for Iraq notwithstanding any other provision of law:
Provided, That the authority contained in this section shall not
apply to section 553 of Public Law 108-7: Provided further, That
funds made available for Iraq pursuant to this authority shall be subject to
the regular reprogramming procedures of the Committees on Appropriations and
section 634A of the Foreign Assistance Act of 1961, except that notification
shall be transmitted at least 5 days in advance of obligation: Provided
further, That the notification requirements of this section may be waived
if failure to do so would pose a substantial risk to human health or welfare:
Provided further, That in case of any such waiver, notification to
the appropriate congressional committees, shall be provided as early as
practicable, but in no event later than 3 days after taking the action to
which such notification requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an explanation
of the emergency circumstances.
SEC. 1503. The President may suspend the application of any provision of
the Iraq Sanctions Act of 1990: Provided, That nothing in this
section shall affect the applicability of the Iran-Iraq Arms Non-Proliferation
Act of 1992 (Public Law 102-484), except that such Act shall not apply to
humanitarian assistance and supplies: Provided further, That the
President may make inapplicable with respect to Iraq section 620A of the
Foreign Assistance Act of 1961 or any other provision of law that applies to
countries that have supported terrorism: Provided further, That
military equipment, as defined by title XVI, section 1608(1)(A) of Public Law
102-484, shall not be exported under the authority of this section:
Provided further, That section 307 of the Foreign Assistance Act of
1961 shall not apply with respect to programs of international organizations
for Iraq: Provided further, That provisions of law that direct the
United States Government to vote against or oppose loans or other uses of
funds, including for financial or technical assistance, in international
financial institutions for Iraq shall not be construed as applying to Iraq:
Provided further, That the President shall submit a notification 5
days prior to exercising any of the authorities described in this section to
the Committee on Appropriations of each House of the Congress, the Committee
on Foreign Relations of the Senate, and the Committee on International
Relations of the House of Representatives: Provided further, That not
more than 60 days after enactment of this Act and every 90 days thereafter the
President shall submit a report to the Committee on Appropriations of each
House of the Congress, the Committee on Foreign Relations of the Senate, and
the Committee on International Relations of the House of Representatives
containing a summary of all licenses approved for export to Iraq of any item
on the Commerce Control List contained in the Export Administration
Regulations, 15 CFR Part 774, Supplement 1, including identification of end
users of such items: Provided further, That the authorities contained
in this section shall expire on September 30, 2004, or on the date of
enactment of a subsequent Act authorizing assistance for Iraq and that
specifically amends, repeals or otherwise makes inapplicable the authorities
of this section, whichever occurs first.
SEC. 1504. Notwithstanding any other provision of law, the President may
authorize the export to Iraq of any nonlethal military equipment controlled
under the International Trafficking in Arms Regulations on the United States
Munitions List established pursuant to section 38 of the Arms Export Control
Act (22 U.S.C. 2778), if the President determines and notifies within 5 days
prior to export the Committee on Appropriations of each House of the Congress,
the Committee on Foreign Relations of the Senate, and the Committee on
International Relations of the House of Representatives that the export of
such nonlethal military equipment is in the national interest of the United
States: Provided, That the limitation regarding nonlethal military
equipment shall not apply to military equipment designated by the Secretary of
State for use by a reconstituted (or interim) Iraqi military or police force:
Provided further, That the authorities contained in this section
shall expire on September 30, 2004, or on the date of enactment of a
subsequent Act authorizing assistance for Iraq and that specifically amends,
repeals or otherwise makes inapplicable the authorities of this section,
whichever occurs first.
SEC. 1505. Division E of Public Law 108-7, under the heading `Assistance
for the Independent States of the Former Soviet Union', is amended in
subsection (f) by: (1) striking `assistance for the Government' and inserting
`assistance for the central Government'; and (2) striking `unless' and
inserting `if'; and striking `not facilitated' and inserting `facilitated'.
SEC. 1506. REPORTS ON UNITED STATES STRATEGY FOR RELIEF AND RECONSTRUCTION
IN IRAQ.
(a) INITIAL REPORT- Not later than 45 days after the date of enactment of
this Act, the President shall submit to the Committees on Appropriations a
report on the United States strategy regarding activities related to
post-conflict security, humanitarian assistance, governance, and
reconstruction in Iraq that are undertaken as a result of Operation Iraqi
Freedom. The report shall include the following:
(1) The distribution of duties and responsibilities regarding such
activities among agencies of the United States Government, including the
Department of State, the United States Agency for International Development,
and the Department of Defense (to be provided within 30 days of enactment of
this Act).
(2) A detailed plan describing the roles and responsibilities of foreign
governments and international organizations including the United Nations, in
carrying out activities related to post-conflict security, humanitarian
assistance, governance, and reconstruction in Iraq.
(3) A strategy for coordinating such activities among the United States
Government, foreign governments and international organizations, including
the United Nations.
(4) An initial estimate of the costs expected to be associated with such
activities.
(5) A strategy for distributing the responsibility for paying costs
associated with reconstruction activities in Iraq among the United States,
foreign governments, and international organizations, including the United
Nations, and an estimate of the revenue expected to be generated by Iraqi
oil production that could be used to pay such costs.
(b) SUBSEQUENT REPORTS- Not later than 90 days after the date of enactment
of this Act, and every 90 days thereafter until September 30, 2004, the
President shall submit to the Committees on Appropriations a report that
contains:
(1) A list of significant United States Government-funded activities
related to reconstruction in Iraq that, during the 90-day period ending 15
days prior to the date the report is submitted to the Committees on
Appropriations--
(2) A list of the significant activities related to reconstruction in
Iraq that the President anticipates initiating during the 90-day period
beginning on the date the report is submitted to the Committees on
Appropriations, including:
(A) Cost estimates for carrying out the proposed activities.
(B) The source of the funds that will be used to pay such
costs.
(3) Updated strategies, if changes are proposed regarding matters
included in the reports required under subsection (a).
(4) An updated list of the financial pledges and contributions made by
foreign governments or international organizations to fund activities
related to humanitarian, governance, and reconstruction assistance in
Iraq.
CHAPTER 6
DEPARTMENT OF HOMELAND SECURITY
Departmental Management
COUNTERTERRORISM FUND
For an additional amount for the `Counterterrorism Fund' for necessary
expenses as determined by the Secretary of Homeland Security, $150,000,000, to
remain available until expended, to reimburse any Department of Homeland
Security organization for the costs of providing support to prevent, counter,
investigate, respond to, or prosecute unexpected threats or acts of terrorism:
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and House of Representatives 15 days prior to the
obligation of any amount of these funds in accordance with section 1601 of
this Act.
Citizenship and Immigration Services
OPERATING EXPENSES
For necessary expenses for `Operating Expenses' related to conducting
Operation Liberty Shield, $3,000,000, to remain available until expended:
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and House of Representatives 15 days prior to the
obligation of any amount of these funds.
United States Secret Service
OPERATING EXPENSES
For an additional amount for `Operating Expenses' for necessary expenses
related to conducting Operation Liberty Shield, $30,000,000, to remain
available until expended: Provided, That the Secretary shall notify
the Committees on Appropriations of the Senate and House of Representatives 15
days prior to the obligation of any amount of these funds.
Border and Transportation Security
CUSTOMS AND BORDER PROTECTION
For necessary expenses for `Customs and Border Protection' related to
conducting Operation Liberty Shield and for other purposes, $333,000,000, to
remain available until expended: Provided, That the Secretary shall
notify the Committees on Appropriations of the Senate and House of
Representatives 15 days prior to the obligation of any amount of these
funds.
IMMIGRATION AND CUSTOMS ENFORCEMENT
For necessary expenses for `Immigration and Customs Enforcement' related
to conducting Operation Liberty Shield and for other purposes, $170,000,000,
to remain available until expended: Provided, That the Secretary
shall notify the Committees on Appropriations of the Senate and House of
Representatives 15 days prior to the obligation of any amount of these
funds.
TRANSPORTATION SECURITY ADMINISTRATION
For necessary expenses for `Transportation Security Administration',
$665,000,000, to remain available until expended: Provided, That
$130,000,000 of this amount shall not be made available until September 30,
2003: Provided further, That of the total amount provided, the
following amounts are made available solely for the purposes specified
below:
(1) physical modification of commercial service airports for the
purposes of installing checked baggage explosive detection systems into
airport baggage systems, $235,000,000;
(2) port security grants, $20,000,000; and
(3) passenger screener hiring, training and related costs, $280,000,000,
which shall not be obligated: (a) until the President transmits an official
budget request for such amount to the Congress; and (b) until the
Administrator of the Transportation Security Administration submits a fiscal
year 2003 budget execution plan approved by the Office of Management and
Budget detailing spending levels by budget line item, program, project and
activity: Provided, That such plan shall fully fund all programs
and activities specifically funded by Congress in Public Laws 107-206 and
108-7:
Provided further, That the Secretary shall notify the Committees
on Appropriations of the Senate and House of Representatives 15 days prior to
the obligation of any amount of these funds.
FEDERAL LAW ENFORCEMENT TRAINING CENTER OPERATING EXPENSES
For an additional amount for `Operating Expenses' related to conducting
Operation Liberty Shield, $2,000,000, to remain available until expended:
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and House of Representatives 15 days prior to the
obligation of any amount of these funds.
OFFICE FOR DOMESTIC PREPAREDNESS
For an additional amount for the `Office for Domestic Preparedness',
$2,230,000,000, to remain available until December 31, 2003, as authorized by
sections 403(5) and 430 of the Homeland Security Act of 2002 (Public Law
107-296) and section 1014 of the USA PATRIOT Act of 2001 (Public Law 107-56),
for grants, contracts, cooperative agreements, and other activities, including
grants to State and local governments for terrorism prevention activities,
which shall be allocated as follows:
(1) $1,300,000,000 for grants pursuant to section 1014 of Public Law
107-56: Provided, That the application for grants shall be made
available to States within 15 days of enactment of this Act; that States
shall submit applications within 30 days of the grant announcement; that the
Office for Domestic Preparedness shall act on each application within 15
days of receipt; and that each State shall transfer no less than 80 percent
of the total amount of the grant to local governments within 45 days of the
grant award;
(2) $30,000,000 for technical assistance;
(3) $200,000,000 for formula-based grants for critical infrastructure
protection, subject to section 1014(c)(3) of Public Law 107-56:
Provided, That the application for these grants shall be made
available to States within 15 days of enactment of this Act; that States
shall submit applications within 30 days of the grant announcement; that the
Office for Domestic Preparedness shall act on each application within 15
days of receipt; and that each State shall transfer no less than 50 percent
of the total amount of the grant to local governments within 45 days of the
grant award; and
(4) $700,000,000 for discretionary grants for use in high-density urban
areas, high-threat areas, and for protection of critical infrastructure, as
determined by the Secretary of Homeland Security: Provided, That no
less than 80 percent of any grant to a State shall be transferred by the
State to local governments within 45 days of the receipt of funds:
Provided further, That section 1014(c)(3) of Public Law 107-56
shall not apply to these grants:
Provided, That none of the funds appropriated under this heading
shall be used for the construction or renovation of facilities: Provided
further, That funds appropriated in subsections (3) and (4) under this
heading shall be available for operational costs, to include personnel
overtime as needed: Provided further, That the Secretary of Homeland
Security shall notify the Committees on Appropriations of the Senate and House
of Representatives 15 days prior to the obligation of any amount of the funds
provided under this heading.
United States Coast Guard
OPERATING EXPENSES
For an additional amount for `Operating Expenses' for expenses related to
conducting Operation Liberty Shield and for other purposes, $228,000,000, to
remain available until expended: Provided, That the Secretary shall
notify the Committees on Appropriations of the Senate and House of
Representatives 15 days prior to the obligation of any amount of these
funds.
Emergency Preparedness and Response
OPERATING EXPENSES
For necessary expenses for `Operating Expenses' related to conducting
Operation Liberty Shield, $45,000,000, to remain available until expended:
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and House of Representatives 15 days prior to the
obligation of any amount of these funds.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For an additional amount for `Emergency Management Planning and
Assistance', $54,750,000, for grants for interoperable communications
equipment: Provided, That the Secretary shall notify the Committees
on Appropriations of the Senate and House of Representatives 15 days prior to
the obligation of any amount of these funds.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1601. (a) None of the funds provided by this Act, or provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2003, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available to the
agencies funded by this Act shall be available for obligation or expenditure
through a reprogramming of funds which: (1) creates a new program; (2)
eliminates a program, project, or activity; (3) increases funds for any
program, project, or activity for which funds have been denied or restricted
by Congress; or (4) proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a different
purpose, unless the Committees on Appropriations of both Houses of Congress
are notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
appropriations Acts to the agencies in or transferred to the Department of
Homeland Security that remain available for obligation or expenditure in
fiscal year 2003, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in excess of
$5,000,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general savings from a
reduction in personnel which would result in a change in existing programs,
projects or activities, as approved by Congress; unless the Committees on
Appropriations of both Houses of Congress are notified 15 days in advance of
such reprogramming of funds.
Sec. 1602. (a) The Under Secretary of Homeland Security for Border and
Transportation Security may issue letters of intent to airports to provide
assistance for the installation of explosive detection systems by the date
prescribed by section 44901(d)(2)(i) of title 49, United States Code.
(b) Beginning 30 days after the date of enactment of this Act, and every
60 days thereafter in calendar year 2003, the Under Secretary shall transmit a
classified report to the House of Representatives Committee on Appropriations,
the Senate Committee on Appropriations, the House of Representatives Committee
on Transportation and Infrastructure, and the Senate Committee on Commerce,
Science, and Transportation describing each letter of intent issued by the
Under Secretary under subsection (a).
Sec. 1603. In accordance with section 873(b) of the Homeland Security Act
of 2002 (6 U.S.C. 453(b)), the Bureau of Customs and Border Protection may
accept donations of body armor for United States Border Patrol agents and
United States Border Patrol canines if such donations would further the
mission of protecting our Nation's borders and ports of entry as determined by
the Under Secretary for Border and Transportation Security.
CHAPTER 7
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
For an additional amount for `Centers for Disease Control and Prevention,
Disease Control, Research, and Training', $16,000,000 for costs associated
with the prevention and control of Severe Acute Respiratory Syndrome
(SARS).
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For an additional amount for `Public Health and Social Services Emergency
Fund', for the Centers for Disease Control and Prevention, $100,000,000, to
remain available until expended.
For an additional amount for the `Public Health and Social Services
Emergency Fund', $42,000,000, to remain available until expended, for costs
associated with compensating individuals with injuries resulting from smallpox
vaccinations and countermeasures: Provided, That such funds shall
become available only upon the enactment of legislation authorizing a smallpox
vaccination compensation program.
General Provision
REPATRIATION
SEC. 1701. Section 1113(d) of the Social Security Act (42 U.S.C. 1313(d)),
is amended by striking `1991' and inserting `2003'.
CHAPTER 8
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
SALARIES AND EXPENSES
For an additional amount for salaries and expenses of the House of
Representatives, $11,000,000, as follows:
COMMITTEE EMPLOYEES
Standing Committees, Special and Select
For an additional amount for salaries and expenses of standing committees,
special and select, authorized by House resolutions, $11,000,000:
Provided, That such amount shall remain available for such salaries
and expenses until December 31, 2004.
CAPITOL POLICE
General Expenses
For an additional amount for `General expenses', $37,758,000, to remain
available until expended.
OFFICE OF COMPLIANCE
Salaries and Expenses
For an additional amount for `Salaries and expenses', $111,000.
ARCHITECT OF THE CAPITOL
Capitol Building
For an additional amount for `Capitol building', $1,100,000.
Capitol Power Plant
For an additional amount for `Capitol power plant', $22,679,000, which
shall remain available until September 30, 2007.
Capitol Police Buildings and Grounds
For an additional amount for `Capitol police buildings and grounds',
$40,140,000, to remain available until September 30, 2007.
LIBRARY OF CONGRESS
Salaries and Expenses
For an additional amount for `Salaries and expenses', $5,500,000 to remain
available until September 30, 2007.
Congressional Research Service
SALARIES AND EXPENSES
For an additional amount for `Salaries and expenses', $1,863,000, to
remain available until September 30, 2004.
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
For an additional amount for `Salaries and expenses', $4,849,000.
GENERAL PROVISONS, THIS CHAPTER
Sec. 1801. Postal Patron Postcards. The matter under the subheading
`MISCELLANEOUS ITEMS' under the heading `CONTINGENT EXPENSES OF THE SENATE'
under title I of the Legislative Branch Appropriations Act, 2003 (Public Law
108-7) is amended by striking `with a population of less than 250,000'.
CHAPTER 9
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Navy
For an additional amount for `Military Construction, Navy', $48,100,000,
to remain available until September 30, 2007: Provided, That
notwithstanding any other provision of law, such funds may be obligated or
expended to carry out military construction projects not otherwise authorized
by law.
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for `Military Construction, Air Force',
$152,900,000, to remain available until September 30, 2007: Provided,
That notwithstanding any other provision of law, such funds may be obligated
or expended to carry out planning and design and military construction
projects not otherwise authorized by law.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for `Family Housing Operation and Maintenance,
Air Force', $1,800,000.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1901. (a) TRANSFER AUTHORITY- Subject to subsection (b), the
Secretary of Defense may transfer not more than $150,000,000 of the funds
appropriated or otherwise made available to the Department of Defense in this
Act to the contingency construction account, authorized under section 2804 of
title 10, United States Code, for the purpose of carrying out military
construction projects not otherwise authorized by law. The transfer authority
under this section is in addition to any other transfer authority available to
the Department of Defense.
(b) CONDITIONS ON TRANSFER- A transfer of funds under subsection (a) may
not be made until the end of the 7-day period beginning on the date the
Secretary of Defense submits written notice to the appropriate committees of
Congress certifying that the transfer is necessary to respond to, or protect
against, acts or threatened acts of terrorism or to support Department of
Defense operations in Iraq, and specifying the amounts and purposes of the
transfer, including a list of proposed projects and their estimated costs.
(c) NOTICE OF OBLIGATIONS- Notwithstanding section 2804(b) of title 10,
United States Code, when a decision is made to carry out a military
construction project using funds transferred to the contingency construction
account under subsection (a), the Secretary of Defense shall submit written
notice to the appropriate committees of Congress no later than 15 days after
the obligation of the funds for the project, specifying the estimated cost of
the project and including form 1391.
(d) DEFINITIONS- For purposes of this section, the terms `appropriate
committees of Congress', `military construction', and `military installation'
have the meanings given such terms in section 2801 of title 10, United States
Code, except that, with respect to military construction in a foreign country,
the term `military installation' includes, not only buildings, structures, and
other improvements to real property under the operational control of the
Secretary of a military department or the Secretary of Defense, but also any
building, structure, or other improvement to real property to be used by the
Armed Forces, regardless of whether such use is anticipated to be temporary or
of longer duration.
SEC. 1902. (a) The Secretary of the Army may accept funds from the State
of Utah, and credit them to the appropriate Department of the Army accounts
for the purpose of funding the costs associated with extending the runway at
Michael Army Airfield, Dugway Proving Ground, Utah, as part of a previously
authorized military construction project.
(b) The Secretary may use the funds accepted for the refurbishment, in
addition to funds authorized and appropriated for the project. The authority
to accept a contribution under this section does not authorize the Secretary
of the Army to reduce expenditures of amounts appropriated for the
refurbishment project. The funds accepted shall remain available until
expended.
(c) The authority provided in this section shall be effective upon the
date of the enactment of this Act.
CHAPTER 10
DEPARTMENT OF TRANSPORTATION
Maritime Administration
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized, $25,000,000, to remain
available until September 30, 2005: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That none of the funds under this heading may be obligated or
expended until the Department of Transportation Inspector General certifies to
the House and Senate Committees on Appropriations that the recommendations of
report CR-2003-031 have been implemented to his satisfaction.
TITLE II--MISCELLANEOUS AND TECHNICAL APPROPRIATIONS
CHAPTER 1
Subcommittee on Agriculture, Rural Development, and Related Agencies
GENERAL PROVISIONS
SEC. 2101. (a) Section 756 in division A of Public Law 108-7 is amended by
striking `section 7404' and inserting in lieu thereof `sections 7404(a)(1) and
7404(c)(1)'.
(b) Section 7404(e) of Public Law 107-171 is amended by striking `0.1
percent of the amount of appropriations available to the Agricultural Research
Service' and inserting in lieu thereof `$499,000 of the amount of
appropriations available to the Department of Agriculture'.
SEC. 2102. Section 210 of the Agricultural Assistance Act of 2003,
`Assistance to Agricultural Producers Located in New Mexico for Tebuthiuron
Application Losses', is amended in subsection (a)--
(1) by inserting `all' before `losses';
(2) by inserting after `losses' the following: `to crops, livestock, and
trees, and interest and loss of income, and related expenses';
(3) by striking `during calendar years 2002 and 2003'; and
(4) by striking `August' and inserting in lieu thereof `July'.
SEC. 2103. LIVESTOCK COMPENSATION PROGRAM. Section 203(a) of the
Agricultural Assistance Act of 2003 (title II of division N of Public Law
108-7) is amended by adding at the end the following:
`(A) IN GENERAL- To provide assistance to eligible applicants under
paragraph (2)(B), the Secretary shall provide grants to appropriate State
departments of agriculture (or other appropriate State agencies) that
agree to provide assistance to eligible applicants.
`(B) AMOUNT- The total amount of grants provided under subparagraph
(A) shall be equal to the total amount of assistance that the Secretary
determines all eligible applicants are eligible to receive under paragraph
(2)(B).'.
Sec. 2104. USE OF ORGANICALLY PRODUCED FEED FOR CERTIFICATION AS ORGANIC
FARM. Section 771 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2003 (division A of
Public Law 108-7) is repealed.
Sec. 2105. WILD SEAFOOD. Section 2107 of the Organic Foods Production Act
of 1990 (7 U.S.C. 6503) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (e),
respectively; and
(2) by inserting after subsection (b) the following:
`(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.'.
Sec. 2106. TECHNICAL ASSISTANCE FOR CONSERVATION PROGRAMS. (a) IN GENERAL-
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended by
striking subsection (b) and inserting the following:
`(b) TECHNICAL ASSISTANCE-
`(1) IN GENERAL- Effective beginning on the date of enactment of the
Agricultural Assistance Act of 2003, subject to paragraph (2), Commodity
Credit Corporation funds made available under paragraphs (4) through (7) of
subsection (a) shall be available for the provision of technical assistance
(subject to section 1242) for the conservation programs specified in
subsection (a).
`(2) CONSERVATION SECURITY PROGRAM- Effective for fiscal year 2004 and
subsequent fiscal years, Commodity Credit Corporation funds made available
to carry out the conservation security program under subsection
(a)(3)--
`(A) shall be available for the provision of technical assistance for
the conservation security program; and
`(B) shall not be available for the provision of technical assistance
for conservation programs specified in subsection (a) other than the
conservation security program.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) takes effect on
February 20, 2003.
CHAPTER 2
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
RELATED AGENCIES
Office of the United States Trade Representative
EUROPEAN COMMUNITIES MUSIC LICENSING DISPUTE
For the payment to the European Communities with regard to the European
Communities music licensing dispute, $3,300,000.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for `Procurement, Acquisition and Construction'
for satellite programs, $65,000,000, to remain available until September 30,
2004: Provided, That funds provided under this heading for the
National Polar-orbiting Operational Environmental Satellite System shall only
be made available on a dollar for dollar matching basis with funds provided
for the same purpose by the Department of Defense.
RELATED AGENCIES
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
For an additional amount for `Equal Employment Opportunity Commission,
Salaries and Expenses', $15,000,000.
National Commission on Terrorist Attacks Upon the United States
SALARIES AND EXPENSES
For an additional amount for `National Commission on Terrorist Attacks
Upon the United States, Salaries and Expenses', $11,000,000, to remain
available until September 30, 2004.
GENERAL PROVISION, THIS CHAPTER
Sec. 2201. Section 501(b) of title V of division N of the Consolidated
Appropriations Resolution, 2003 is amended--
(1) by striking `program authorized for the fishery in Sec. 211' and
inserting `programs authorized for the fisheries in sections 211 and 212';
and
(2) by striking `program in section 211' and inserting `programs in
sections 211 and 212'.
CHAPTER 3
Subcommittee on District of Columbia
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
DIVISION OF EXPENSES
Governmental Direction and Support
(INCLUDING RESCISSIONS)
Of the funds appropriated under this heading in the District of Columbia
Appropriations Act, 2003, $8,752,000 are rescinded (including $8,655,000 from
local funds and $97,000 from other funds).
Economic Development and Regulation
(INCLUDING RESCISSION)
For an additional amount for `Economic Development and Regulation',
$13,428,000 (including a rescission of $1,282,000 from local funds
appropriated under this heading in the District of Columbia Appropriations
Act, 2003, and an additional amount of $14,710,000 from other funds).
Public Safety and Justice
For an additional amount for `Public Safety and Justice', $11,462,000 from
local funds.
Public Education System
(INCLUDING RESCISSIONS)
Of the funds appropriated under this heading in the District of Columbia
Appropriations Act, 2003, $11,435,000 are rescinded (including a rescission of
$13,546,000 from local funds and an additional amount of $2,111,000 from other
funds), to be allocated as follows:
(1) DISTRICT OF COLUMBIA PUBLIC SCHOOLS- An increase of $2,029,000
(including a rescission of $29,000 from local funds and an additional amount
of $2,058,000 from other funds).
(2) STATE EDUCATION OFFICE- A rescission of $181,000 from local
funds.
(3) PUBLIC CHARTER SCHOOLS- Notwithstanding any other provision of law,
a rescission of $12,000,000 from local funds.
(4) UNIVERSITY OF THE DISTRICT OF COLUMBIA- A rescission of $1,040,000
from local funds.
(5) DISTRICT OF COLUMBIA PUBLIC LIBRARIES- A rescission of $237,000
(including a rescission of $290,000 from local funds and an additional
amount of $53,000 from other funds).
(6) COMMISSION ON THE ARTS AND HUMANITIES- A rescission of $6,000 from
local funds.
Human Support Services
(INCLUDING RESCISSION)
For an additional amount for `Human Support Services', $30,258,000
(including an additional amount of $34,292,000 from local funds and a
rescission of $4,034,000 from other funds appropriated under this heading in
the District of Columbia Appropriations Act, 2003.
In addition, this heading in the District of Columbia Appropriations Act,
2003, is amended by striking the following proviso `: Provided
further, That $37,500,000 in local funds, to remain available until
expended, shall be deposited in the Medicaid and Special Education Reform
Fund.' and inserting the following proviso `: Provided further, That
$74,500,000 in local funds may be deposited in the Medicaid and Special
Education Reform Fund and shall then remain available until expended.'.
Public Works
(INCLUDING RESCISSION)
For an additional amount for `Public Works', $2,420,000 (including a
rescission of $8,998,000 from local funds appropriated under this heading in
the District of Columbia Appropriations Act, 2003, and an additional amount of
$11,418,000 from other funds): Provided, That $512,000 from other
funds shall remain available until expended for the taxicab revolving loan
fund.
Repayment of Loans and Interest
(INCLUDING RESCISSION)
Of the funds appropriated under this heading in the District of Columbia
Appropriations Act, 2003, $2,466,000 are rescinded.
Wilson Building
(INCLUDING RESCISSION)
Of the funds appropriated under this heading in the District of Columbia
Appropriations Act, 2003, $700,000 are rescinded.
Workforce Investments
(INCLUDING RESCISSION)
Of the funds appropriated under this heading in the District of Columbia
Appropriations Act, 2003, $2,000,000 are rescinded.
Non-Departmental Agency
(INCLUDING RESCISSION)
Of the funds appropriated under this heading in the District of Columbia
Appropriations Act, 2003, $5,799,000 are rescinded.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 2301. The District of Columbia is hereby authorized to transfer an
amount not to exceed $12,081,000, to remain available until expended, from
funds identified in the fiscal year 2002 comprehensive annual financial report
as the District of Columbia's undesignated, unreserved fund balance to the
local general fund to cover revenue shortfalls: Provided, That
nothing in this provision shall be deemed as granting the District additional
authority to expend funds from the emergency or contingency reserves
established under section 450A of the District of Columbia Home Rule Act (D.C.
Official Code, sec. 1-204.50a(b)).
SEC. 2302. The authority which the Chief Financial Officer of the District
of Columbia exercised with respect to personnel, procurement, and the
preparation of fiscal impact statements during a control period (as defined in
Public Law 104-8) shall remain in effect through September 30, 2004.
SEC. 2303. In the statement of the managers of the committee of conference
accompanying H.J. Res. 2 (Public Law 108-7; House Report 108-10), in the
matter in title I of division C, under the heading `Federal Payment to the
Chief Financial Officer of the District of Columbia' the provision specifying
$100,000 to Friends of Fort Dupont to restore and upgrade unused Fort Dupont
baseball fields shall be deemed to read as follows: `$100,000 to Friends of
Fort Dupont to restore and upgrade unused Fort Dupont baseball fields and to
support the Fort Dupont's Kids on Ice program'.
CHAPTER 4
Subcommittee on Interior and Related Agencies
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
STATE AND TRIBAL WILDLIFE GRANTS
Division F of Public Law 108-7 is hereby amended under the heading `United
States Fish and Wildlife Service, State and Tribal Wildlife Grants' by
striking `$3,000,000' and inserting `$5,000,000'.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
Division F of Public Law 108-7 is hereby amended under the heading
`National Park Service, Operation of the National Park System' by striking
`$1,565,565,000' and inserting `$1,574,565,000'.
Bureau of Indian Affairs
CONSTRUCTION
Within 30 days of enactment of this Act, the Secretary of the Interior
shall make available for obligation funds previously appropriated in Public
Law 107-63 for construction of the Ojibwa Indian School.
GENERAL PROVISION, THIS CHAPTER
SEC. 2401. Section 328 of division F, Public Law 108-7 is amended by
striking the phrase `under the authority of Section 504 of the Rescissions Act
of 1995 (Public Law 104-19)' in the proviso.
CHAPTER 5
Subcommittee on Labor, Health and Human Services, and Education, and Related
Agencies
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
The matter under the heading `Department of Health and Human Services,
Health Resources and Services Administration, Health Resources and Services',
in Public Law 108-7 is amended--
(1) by striking `Heart Beat, New Bloomfield, PA,' and inserting `Heart
Beat, Millerstown, PA,' in lieu thereof;
(2) by striking `Tressler Lutheran Services, Harrisburg, PA, for
abstinence education and related services' and inserting `DIAKON Lutheran
Social Ministries, Allentown, PA, for abstinence education and related
services in Cumberland and Dauphin counties' in lieu thereof;
(3) by striking `Community Ministries of the Lutheran Home at Topton,
Reading, PA, for abstinence education and related services' and inserting
`DIAKON Lutheran Social Ministries of Allentown, PA, for abstinence
education and related services in Berks county' in lieu thereof;
(4) by striking `$298,153,000' and inserting `$296,638,000' in the first
proviso; and
(5) by inserting after `a study regarding delivery of pediatric health
care in northeastern Oklahoma,' the following: `$225,000 is available for
the Mental Health Association of Tarrant County, Ft. Worth, Texas, to
provide school-based mental health education to schools in Tarrant County,
$200,000 is available for the AIDS Research Institute at the University of
California, San Francisco for a Developing Country Medical Program to
facilitate clinician exchange between the United States and developing
countries, $1,000,000 is available for the Geisinger Health System,
Harrisburg, PA, to establish centers of excellence for the treatment of
autism'.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
The matter under the heading `Office of the Secretary, Public Health and
Social Services Emergency Fund', in Public Law 108-7 is amended by striking `,
to remain available until expended' after `$5,000,000'.
GENERAL PROVISIONS
(TRANSFER AUTHORITY)
SEC. 2501. Section 207 of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2003 (Public
Law 108-7; division G) is amended by striking `or any other'.
INTERNATIONAL HEALTH ACTIVITIES
SEC. 2502. (a) In addition to the authority provided in section 215 of the
Departments of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2003 (Public Law 108-7, division G), in order for
the Centers for Disease Control and Prevention to carry out international
health activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during fiscal
year 2003, the Secretary of Health and Human Services may exercise authority
equivalent to that available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)).
(b) The Secretary of Health and Human Services shall consult with the
Secretary of State and relevant Chief of Mission to ensure that the authority
provided in this section is exercised in a manner consistent with section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927) and other applicable
statutes administered by the Department of State.
DEPARTMENT OF EDUCATION
SCHOOL IMPROVEMENT PROGRAMS
The matter under the heading `Department of Education, School Improvement
Programs', in Public Law 108-7 is amended--
(1) by striking `$8,052,957,000' and inserting `$8,053,507,000';
(2) by striking `$508,100,000' and inserting `$537,100,000';
(3) by striking `$4,132,167,000' and inserting `$4,233,167,000';
(4) by striking `$814,660,000' and inserting `$815,210,000'; and
(5) by striking `$212,160,000' and inserting `$212,710,000'.
In the statement of the managers of the committee of conference
accompanying H.J. Res. 2 (Public Law 108-7; House Report 108-10), in the
matter in title III of division G, relating to the Fund for the Improvement of
Education under the heading `School Improvement Programs'--
(1) the provision specifying $150,000 for Illinois State Board of
Education, Springfield, Illinois, for computers, hardware and software for
the implementation of Fast ForWord reading program to the Pleasant Plains
Community Unit District #8 and Pleasant Plain Illinois District #18 shall be
deemed to read as follows: `Illinois State Board of Education, Springfield,
Illinois, for implementation of Fast ForWord reading program to the Pleasant
Plains Community Unit District #8 and for improving mathematics achievement
in Peoria School District #150 and Jacksonville School District #117,
$150,000';
(2) the provision specifying $2,000,000 for Pinellas County Florida
School District, St. Petersburg, Florida, for technology for Title I schools
shall be deemed to read as follows: `St. Petersburg College, St. Petersburg,
Florida, for the Pinellas County EpiCenter, $2,000,000';
(3) the provision specifying $500,000 for the St. Louis Children's
Museum, MO, for a collaborative project with the St. Louis Public Library to
create interactive exhibits and educational programs shall be deleted;
(4) the provision specifying $200,000 for the Harford County Board of
Education in Aberdeen, MD, for a collaboration between a science and
technology high school and the Aberdeen Proving Ground shall be deemed to
read as follows: `Harford County Board of Education in Aberdeen, MD, for a
collaboration between a science and technology high school and the Aberdeen
Proving Ground, $700,000';
(5) the provision specifying $25,000 for the Boys and Girls Club of El
Dorado, Arkansas, for drug prevention and after school programs shall be
deemed to read as follows: `Boys and Girls Club, Southeast Unit, El Dorado,
Arkansas, for drug prevention and after school programs, $25,000';
(6) the provision specifying $100,000 for the American Academy of
Liberal Education, Washington, D.C., to develop projects and survey best
practices in the study of American democracy and principles of free
government at colleges and universities shall be deleted;
(7) the provision specifying $400,000 for the Milwaukee Public Schools,
Wisconsin, to expand before- and after-school programs shall be deemed to
read: `Milwaukee Public Schools, WI, for before- and after-school programs,
$400,000';
(8) the provision specifying $200,000 for Tensas Reunion, Inc.,
Newellton, LA, for instructional technology training, and after school
programs at the Tensas Charter School shall be deemed to read: `Tensas
Reunion, Inc., Newellton, LA, for the TREES Project in Tensas Parish,
including activities such as the purchase of computers and educational
software, tutoring, and workshops to promote parental involvement,
$200,000';
(9) the provision specifying $250,000 for Community School District 8,
Flushing, NY, for after-school programs shall be deemed to read: `Community
School District 8, Bronx, NY, for after-school programs, $250,000';
(10) the provision specifying $20,000 for Westside High School,
Bakersfield, California, for equipment shall be deemed to read: `West High
School, Bakersfield, California, for equipment, $20,000';
(11) the provision specifying $1,000,000 for the National Science Center
Foundation, Atlanta, Georgia, for educational technology and other purposes
shall be deemed to read: `National Science Center Foundation, Augusta,
Georgia, for educational technology and other purposes, $1,000,000';
(12) the provision specifying $200,000 for the Golden Gate National
Parks Association, San Francisco, CA, for environmental education programs
at the Crissy Field Center shall be deemed to read: `Golden Gate National
Parks Conservancy, San Francisco, CA, for environmental education programs
at the Crissy Field Center, $200,000' and a provision shall be added that
reads: `Beresford Community Education in Beresford, SD, to expand community
education programs, $150,000';
(13) the provision specifying $100,000 for the University of South
Florida, Tampa, FL, for the Tampa Bay Consortium for the Development of
Educational Leaders and the Preparation and Recruitment of Teachers shall be
deemed to read: `University of South Florida, Tampa, FL, for the Tampa Bay
Consortium for the Development of Educational Leaders, $100,000';
(14) the provision specifying $25,000 for the Meredith-Dunn Learning
Disabilities Center, Inc., Louisville, Kentucky, for technology shall be
deemed to read as follows: `Meredith-Dunn Learning Disabilities Center,
Inc., Louisville, Kentucky, for school counseling services, $25,000';
(15) the provision specifying $40,000 for the Father Maloney's Boys
Haven, Louisville, Kentucky, for technology shall be deemed to read as
follows: `Father Maloney's Boys Haven, Louisville, Kentucky, for an
educational program, $40,000';
(16) the provision specifying $50,000 for the Joel II Restoration
Ministries for education programs shall be deemed to read as follows: `Joel
II Restoration Outreach, Inc., for education programs, $50,000'; and
(17) the provision specifying $1,500,000 for the City of Upland,
California, for after school programs shall be deemed to read as follows:
`YMCA of the City of Upland, California, for after-school activities,
$1,500,000'.
HIGHER EDUCATION
The matter under the heading `Higher Education', in Public Law 108-7 is
amended--
(1) by striking `$2,100,701,000' and inserting `$2,100,151,000';
and
(2) by striking `$140,599,000' and inserting `$140,049,000'.
In the statement of the managers of the committee of conference
accompanying H.J. Res. 2 (Public Law 108-7; House Report 108-10), in the
matter in title III of division G, relating to the Fund for the Improvement of
Postsecondary Education under the heading `Higher Education'--
(1) the second reference to the provision specifying $1,000,000 for the
University of Massachusetts-Boston to purchase research equipment and
technology infrastructure shall be deleted;
(2) the provision specifying $500,000 for Harford County Public Schools,
Bel Air, MD, for support of a math and science magnet school program at
Aberdeen High School shall be deleted and a provision shall be added that
reads: `American Academy of Liberal Education, Washington, D.C., to develop
projects and survey best practices in the study of American democracy and
principles of free government at colleges and universities, $100,000';
(3) the provision specifying $100,000 for Slippery Rock University,
Slippery Rock, PA, for Knowledge Pointe at Cranberry Woods, as part of an
initiative to provide life-long educational services to Pittsburgh's
regional industry and community residents shall be deemed to read as
follows: `Regional Learning Alliance, Marshall Township in Allegheny County,
PA, as part of an initiative to provide life-long educational services to
Pittsburgh's regional industry and community residents, $200,000';
(4) the provision specifying $150,000 for Beresford Community Education
in Beresford, SD, to expand community education programs shall be
deleted;
(5) the provision specifying $100,000 for Slippery Rock University,
Slippery Rock, Pennsylvania, for the North Hill Educational Alliance shall
be deleted;
(6) the provision specifying $400,000 for the University of Southern
Maine, Portland, Maine, for telecommunications and technology upgrades to
support science, engineering and advanced technology programs shall be
deleted and the provision specifying $600,000 for the University of Maine,
School of Applied Science, Engineering & Technology for purchase of
equipment and technology shall be deemed to read as follows: `University of
Southern Maine, School of Applied Science, Engineering & Technology for
purchase of equipment and technology, $1,000,000'; and
(7) the provision specifying $250,000 to the National Aviary
Conservation Education Technology Integration in Pittsburgh shall be deemed
to read as follows: `National Aviary Conservation Education Technology
Integration in Pittsburgh, for the Remote Audio-Visual Engagement Network
(RAVEN) project, $250,000'.
General Provisions
SEC. 2503. Section 1707(3) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6537(3)) is amended by striking `17' and inserting `19'.
SEC. 2504. Section 7304(a)(2)(P) of the Elementary and Secondary Education
Act of 1965 is amended by striking `such as' and inserting in lieu thereof
`operated by'.
RELATED AGENCIES
Corporation for National and Community Service
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES
The matter under the heading `Corporation for National and Community
Service, Domestic Volunteer Service Programs, Operating Expenses', in Public
Law 108-7 is amended by inserting after `in this Act' the following: `for
activities authorized by section 122 of part C of title I and part E of title
II of the Domestic Volunteer Service Act of 1973'.
CHAPTER 6
Subcommittee on Legislative Branch
ARCHITECT OF THE CAPITOL
SEC. 2601. (a) The third sentence of section 1203(a) of the Legislative
Branch Appropriations Act, 2003 (Public Law 108-7, division H) is amended by
striking `not later than 90 days' and inserting `not later than 180 days'.
(b) The amendment made by subsection (a) shall take effect as if included
in the enactment of the Legislative Branch Appropriations Act, 2003.
SEC. 2602. Notwithstanding any other provision of law, the Architect of
the Capitol may obligate and expend such amounts from the Capitol Preservation
Fund established under section 803 of the Arizona-Idaho Conservation Act of
1988 (2 U.S.C. 2083, formerly 40 U.S.C. 188a-2) as approved by the Capitol
Preservation Commission established under section 801 of such Act (2 U.S.C.
2081, formerly 40 U.S.C. 188a) for the purposes of planning, engineering,
design or construction of the Capitol Visitor Center.
LIBRARY OF CONGRESS
SEC. 2603. The Legislative Branch Appropriations Act, 2003 (Public Law
108-7, division H) is amended in the item relating to `Library of
Congress--Salaries and Expenses' by striking the period at the end and
inserting the following: `: Provided further, That of the amount
transferred under this heading to the educational consortium formed to conduct
the `Joining Hands Across America: Local Community Initiative', not more than
$500,000 may be used for a math and science education pilot project.'.
SEC. 2604. The Legislative Branch Appropriations Act, 2003 (Public Law
108-7, division H) is amended in the item relating to `Library of
Congress--Salaries and Expenses' by striking `North Carolina' and inserting
the following: `North Carolina, and for developing a high-capacity computer
facility to serve that region'.
CHAPTER 7
Subcommittee on Transportation, Treasury and General Government
GENERAL PROVISIONS, THIS CHAPTER
SEC. 2701. Section 336 of division I of Public Law 108-7 is amended by
striking `Transportation Management' and inserting in lieu thereof
`Urbanized'.
SEC. 2702. Section 321 of division I of Public Law 108-7 is amended
by--
(1) inserting `or underneath' in subsection (q)(2) before `the Class B
airspace';
(2) striking `has sufficient capacity and' in subsection (q)(3) after
`Title 49'; and
(3) inserting `passenger' in subsection (q)(3) before `delays'.
SEC. 2703. Amounts made available to carry out sections 1212(k) and
5117(b)(6) of 112 Stat. 107 et seq. shall be used to carry out item number
1278 of the table contained in section 1602 of such Act (112 Stat. 263).
SEC. 2704. It is the sense of the Senate that--
(1) the asset acquisition of Trans World Airlines by American Airlines
was a positive action that should be commended;
(2) although the acquisition was a positive action, the combination of
the two airlines has resulted in a difficult seniority integration for the
majority of the employee groups involved;
(3) airline layoffs from American Airlines should be conducted in a
manner that maintains the maximum level of fairness and equitable treatment
for all parties involved; and
(4) American Airlines should encourage its employee groups to integrate
all employees in a manner that is fair and equitable for all parties
involved.
SEC. 2705. No provision of this Act may be construed as altering or
amending the force or effect of any of the following provisions of law as
currently applied:
(1) Sections 2631 and 2631a of title 10, United States Code.
(2) Sections 901(b) and 901b of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1241(b), 1241f).
(3) Public Resolution Numbered 17, Seventy-third Congress (48 Stat.
500).
(4) Any other similar provision of law requiring the use of privately
owned United States flag commercial vessels for certain transportation
purposes of the United States.
SEC. 2706. (a) Notwithstanding any other provision of law, projects and
activities designated on pages 1267 through 1278 of the Joint Explanatory
Statement of the Committee of Conference for Public Law 108-7 shall be
eligible for fiscal year 2003 funds made available from the program for which
each project or activity is so designated and projects and activities on pages
1305 through 1307 shall be awarded those grants upon receipt of an
application.
(b) Public Law 108-7 is amended in the first paragraph under the heading
`Federal Highway Administration Limitation on Administrative Expenses' by
striking `$269,700,000' and inserting `$299,745,000'.
SEC. 2707. Notwithstanding any other provision of law, funds made
available under the heading `Federal Transit Administration Formula Grants'
for fiscal year 2003 shall be available to finance the operating cost of
equipment and facilities for use in public transportation in an urbanized area
with a population of at least 200,000 as determined under the 2000 Federal
decennial census of population for a portion of the area that was not
designated as an urbanized area as determined under the 1990 Federal decennial
census of population if that portion of the area received assistance under
section 5311 of title 49, United States Code.
SEC. 2708. Section 41743(c)(4) of title 49, United States Code, is amended
by inserting before the period at the end the following: `in each year for
which funds are appropriated for the program'.
Sec. 2709. Section 626 of title VI of division B of Public Law 108-7 is
amended by striking `previously'.
SEC. 2710. None of the funds in this Act or any other Act may be obligated
or expended to pay for transportation described in section 41106 of title 49,
United States Code, to be performed by any air carrier that is not effectively
controlled by citizens of the United States: Provided, That for
purposes of implementing section 41106, an air carrier shall not be considered
to be effectively controlled by citizens of the United States if the air
carrier receives 50 percent or more of its operating revenue over the most
recent 3-year period from a person not a citizen of the United States and such
person, directly or indirectly, either owns a voting interest in the air
carrier or is owned by an agency or instrumentality of a foreign state:
Provided further, That this prohibition applies to transportation
performed under any contract awarded or re-awarded after the date of enactment
of this Act: Provided further, That when the Secretary of Defense
decides that no air carrier holding a certificate under section 41102 is
capable of providing, and willing to provide, such transportation, the
Secretary of Defense may make a contract to provide the transportation with an
air carrier not having a certificate: Provided further, That the
Secretary of Transportation is directed to use an Administrative Law Judge in
a formal proceeding to resolve docket number OST-2002-13089.
CHAPTER 8
Subcommittee on Veterans Affairs and Housing and Urban Development and
Independent Agencies
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
General Operating Expenses
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for costs associated with processing claims of
veterans who may have incurred injuries with service in the Persian Gulf War
combat arena, $100,000,000, to remain available until expended:
Provided, That the Secretary may transfer such sums as may be
necessary to `Veterans Health Administration, Medical Care' to provide health
care services as authorized by 38 U.S.C. 1710(e)(1)(D) subject to a
determination by the Secretary of Veterans Affairs that such additional funds
are necessary: Provided further, That the Secretary shall notify the
Committees on Appropriations at least 15 days prior to the transfer or
allocation of any funds provided under this paragraph.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
COMMUNITY DEVELOPMENT FUND
The referenced statement of managers under the heading `Community
development fund' in title II of Public Law 108-7 under grant No. 26 under the
Neighborhoods Initiative program is amended by striking `Glendale, Montana'
and inserting in lieu thereof `Glendive, Montana'.
The referenced statement of managers under the heading `Community
development fund' in title II of Public Law 106-377 is amended by striking
`$200,000 for Light of Life Ministries in Allegheny County, Pennsylvania for
infrastructure improvements at the Serenity Village homeless programs' and
inserting in lieu thereof `$200,000 for Light of Life Ministries in Allegheny
County, Pennsylvania, for renovation and infrastructure improvements for a
homeless service center on Penn Avenue in Pittsburgh'.
The referenced statement of managers under the heading `Community
development fund' in title II of Public Law 108-7 under grant No. 201 under
the Economic Development Initiatives program is amended by striking `the
Clearwater Economic Development Association in Clearwater, Idaho' and
inserting in lieu thereof `the State of Idaho'.
The referenced statement of managers under the heading `Community
development fund' in title II of Public Law 108-7 under grant No. 873 under
the Economic Development Initiatives program is amended by striking `Grant
County Commission in West Virginia' and inserting in lieu thereof `Grant
County Library Commission in Grant County, West Virginia'.
INDEPENDENT AGENCIES
Corporation for National and Community Service
NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES
To liquidate obligations previously incurred by the Corporation for
National and Community Service (`Corporation'), up to $64,000,000 is provided
to the National Service Trust: Provided, That the Corporation may use
these funds only to liquidate the deficiency that it has already incurred and
that these funds are not available for obligation, or to liquidate
obligations, for any other purpose whatsoever: Provided further, That
the Corporation may not use these funds unless and until it reports these
overobligations to the Congress and the President in accordance with the
requirements of the Antideficiency Act and the guidance of the Office of
Management and Budget in OMB Circular A-11 (2002): Provided further,
That the second proviso under the heading `Corporation for National and
Community Service' in Public Law 108-7 is deemed to be amended by inserting
after `section 501(a)(4)' the following: `with not less than $2,500,000 for
the Office of the Chief Financial Officer to enact financial reform in the
Corporation, without regard to the provisions of section 501(a)(4)(B) of the
Act'.
Environmental Protection Agency
STATE AND TRIBAL ASSISTANCE GRANTS
The referenced statement of the managers under this heading in Public Law
106-74 is deemed to be amended in reference to item number 135, as amended, by
striking everything after `135.' and inserting, `$437,000 for the Huntington
Sanitary Board of Huntington, West Virginia for the construction of wastewater
treatment facilities in the Fourpole Watershed; and $513,000 for the Region I
Planning and Development Council in Princeton, West Virginia for water and
wastewater infrastructure improvements': Provided, That the
referenced statement of the managers under this heading in Public Law 107-73
is deemed to be amended by striking everything after `District' in reference
to item number 222 and inserting `for water infrastructure improvements':
Provided further, That the referenced statement of the managers under
this heading in Public Law 108-7 is deemed to be amended by striking
everything after the word `Agency' in reference to item number 72 and
inserting `for the Mojave Desert Arsenic Demonstration Project'.
ADMINISTRATIVE PROVISION
Within 30 days of enactment of this Act, the Administrator of the
Environmental Protection Agency shall adjust each `maximum annual fee payable'
pursuant to 7 U.S.C. 136a-1(i)(5)(D) and (E) in a manner such that maintenance
fee collections made to reach the level authorized in division K of Public Law
108-7 shall be established in the same proportion as those maintenance fee
collections authorized in Public Law 107-73..AF
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
The first sentence under this heading in Public Law 108-7 is amended by
striking `$320,000,000' and inserting in lieu thereof `$330,000,000'.
TITLE III--COLUMBIA ORBITER MEMORIAL ACT
SEC. 301. SHORT TITLE.
This title may be cited as the `Columbia Orbiter Memorial Act'.
SEC. 302. CONSTRUCTION OF MEMORIAL TO CREW OF COLUMBIA ORBITER AT ARLINGTON
NATIONAL CEMETERY.
(a) CONSTRUCTION REQUIRED- The Secretary of the Army shall, in
consultation with the Administrator of the National Aeronautics and Space
Administration, construct at an appropriate place in Arlington National
Cemetery, Virginia, a memorial marker honoring the seven members of the crew
of the Columbia Orbiter who died on February 1, 2003, over the State of Texas
during the landing of space shuttle mission STS-107.
(b) AVAILABILITY OF FUNDS- Of the amount appropriated or otherwise made
available by title II of the Department of Defense Appropriations Act, 2003
(Public Law 107-248) under the heading `OPERATION AND MAINTENANCE, ARMY',
$500,000 shall be available for the construction of the memorial marker
required by subsection (a).
SEC. 303. DONATIONS FOR MEMORIAL FOR CREW OF COLUMBIA ORBITER.
(a) AUTHORITY TO ACCEPT DONATIONS- The Administrator of the National
Aeronautics and Space Administration may accept gifts and donations of
services, money, and property (including personal, tangible, or intangible
property) for the purpose of an appropriate memorial or monument to the seven
members of the crew of the Columbia Orbiter who died on February 1, 2003, over
the State of Texas during the landing of space shuttle mission STS-107,
whether such memorial or monument is constructed by the Administrator or is
the memorial marker required by section 302.
(b) TRANSFER- (1) The Administrator may transfer to the Secretary of the
Army any services, money, or property accepted by the Administrator under
subsection (a) for the purpose of the construction of the memorial marker
required by section 302.
(2) Any moneys transferred to the Secretary under paragraph (1) shall be
merged with amounts in the account referred to in subsection (b) of section
302, and shall be available for the purpose referred to in that subsection.
(c) EXPIRATION OF AUTHORITY- The authority of the Administrator to accept
gifts and donations under subsection (a) shall expire 5 years after the date
of the enactment of this Act.
TITLE IV--AVIATION-RELATED ASSISTANCE
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
For expenses and revenue forgone related to aviation security,
$2,395,750,000, to remain available until September 30, 2003:
Provided, That the first $100,000,000 of such amounts shall be
available, notwithstanding any other provision of this Act, until expended to
compensate air carriers for the direct costs associated with the strengthening
of flight deck doors and locks on aircraft required by section 104(a)(1)(B) of
the Aviation and Transportation Security Act: Provided further, That
the remaining $2,295,750,000 of such amounts shall be remitted to United
States flag air carriers in the proportional share each such carrier has paid
or collected as of the date of enactment of this Act in passenger security and
air carrier security fees to the Transportation Security Administration:
Provided further, That payments made under the preceding proviso may
be used by an air carrier for such purposes as the carrier determines
appropriate: Provided further, That payments made under this heading
shall be distributed as a lump sum payment and made not later than 30 days
after the date of enactment of this Act: Provided further, That the
Transportation Security Administration, not later than 30 days after the last
disbursement of funds made pursuant to the second proviso under this heading,
shall certify that such funds were allocated by air carriers for security
related expenses or revenue forgone as a result of meeting Federal security
mandates and shall transmit such certification to the Senate Committee on
Appropriations, the Senate Committee on Commerce, Science, and Transportation,
the House of Representatives Committee on Appropriations, and the House
Committee on Transportation and Infrastructure: Provided further,
That the Under Secretary for Border and Transportation Security of the
Department of Homeland Security shall not impose the fees authorized by
section 44940(a) of title 49, United States Code, during the period beginning
June 1, 2003, and ending September 30, 2003: Provided further, That:
(1) Notwithstanding any other provision of law, the Secretary of Homeland
Security may not provide assistance to an air carrier pursuant to the second
proviso under this heading unless that air carrier executes a contract with
the Secretary under which the air carrier agrees that--
(A) the air carrier will not provide total cash compensation during the
12-month period beginning April 1, 2003, to an executive officer in an
amount equal to more than the annual salary paid to that officer with
respect to the air carrier's fiscal year 2002; and
(B) if the air carrier violates the agreement under subparagraph (A),
the air carrier will pay to the Secretary of the Treasury, within 60 days
after the date on which the violation occurs, an amount, determined by the
Secretary of Homeland Security, equal to the total amount of assistance
received by the air carrier pursuant to the second proviso under this
heading.
(2) For the purpose of applying paragraph (1) of this proviso to an
executive officer--
(A) who was employed by an air carrier for less than 12 months during
the air carrier's fiscal year 2002, or whose employment began after the last
day of the last fiscal year of such air carrier ending before the date of
enactment of this Act--
(i) the salary paid to that executive officer in that air carrier's
fiscal year 2002, or in the next fiscal year of that air carrier (if such
next fiscal year began before the date of enactment of this Act),
respectively, shall be determined as an annual rate of pay;
(ii) that annual rate of pay shall be treated as if it were the annual
salary paid to that executive officer during the air carrier's fiscal year
2002; and
(iii) that executive officer shall be deemed to have been employed
during that fiscal year; and
(B) whose employment begins after the date of enactment of this
Act--
(i) the annual salary at which that executive officer is first
employed by an air carrier may not exceed the maximum salary paid to any
executive officer by that air carrier during that air carrier's fiscal
year 2002 with the same or similar responsibilities;
(ii) that salary shall be treated as if it were the annual salary paid
to the executive officer during that air carrier's fiscal year 2002;
and
(iii) the executive officer shall be deemed to have been employed by
that air carrier during that air carrier's fiscal year 2002.
(3) The Secretary shall not apply any of the conditions of this proviso
for receiving assistance pursuant to the second proviso under this heading to
any air carrier that operates aircraft exclusively with 85 seats or less, any
Hawaii-based carrier or any air carrier that does not operate trans-Pacific or
trans-Atlantic flights.
(4)(A) The Comptroller General, or any of the Comptroller General's duly
authorized representatives, shall have access for the purpose of audit and
examination to any books, accounts, documents, papers, and records of air
carriers entering into an agreement under this proviso that relate to the
information required to implement the provisions of this proviso.
(B) The Comptroller General shall transmit a report of any investigation
conducted under this proviso to the Senate Committee on Appropriations, the
Senate Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Appropriations, and the House of Representatives
Committee on Transportation and Infrastructure, together with a certification
as to whether the Comptroller General has had access to sufficient information
to make informed judgments on the matters covered by this report.
(5) In this proviso, the following definitions apply:
(A) The term `executive officer' means the two most highly compensated
named executive officers (as that term is used in section 402(a)(3) of
Regulation S-K promulgated by the Salaries and Exchange Commission under the
Securities and Exchange Act of 1934 (17 CFR 229.402(a)(3))).
(B) The term `salary' means the base salary of an individual, excluding
any bonuses, awards of stock, or other financial benefits provided by an air
carrier to the individual.
(C) The term `total cash compensation' has the meaning given the term
`total compensation' by section 104(b) of the Air Transportation Safety and
System Stabilization Act (49 U.S.C. 40101 note), but does not include awards
of stock or stock options or preexisting contracts governing
retirement.
(6) Nothing in this proviso shall be construed to prohibit or limit an air
carrier in providing health benefits, life insurance benefits, or
reimbursement of reasonable expenses to an executive officer.
GENERAL PROVISIONS--THIS TITLE
SEC. 4001. (a) Section 44302(f)(1) of title 49, United States Code, is
amended by striking `2003' each place it appears and inserting `2004'.
(b) Section 44303(b) of such title is amended by striking `2003' and
inserting `2004'.
(c) Section 44310 of such title is amended by striking `2003' and
inserting `2004'.
SEC. 4002. ADDITIONAL TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION FOR
DISPLACED AIRLINE RELATED WORKERS.
(a) DEFINITIONS- For purposes of this section--
(1) the term `eligible individual' means an individual whose eligibility
for temporary extended unemployment compensation under the Temporary
Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116
Stat. 21), as amended by Public Law 108-1 (117 Stat. 3), is or would be
based on the exhaustion of regular compensation under State law, entitlement
to which was based in whole or in part on qualifying employment performed
during such individual's base period;
(2) the term `qualifying employment', with respect to an eligible
individual, means employment--
(A) with an air carrier, employment at a facility at an airport, or
with an upstream producer or supplier for an air carrier; and
(B) as determined by the Secretary, separation from which was due, in
whole or in part, to--
(i) reductions in service by an air carrier as a result of a
terrorist action or security measure;
(ii) a closure of an airport in the United States as a result of a
terrorist action or security measure; or
(iii) a military conflict with Iraq that has been authorized by
Congress;
(3) the term `air carrier' means an air carrier that holds a certificate
issued under chapter 411 of title 49, United States Code;
(4) the term `upstream producer' means a firm that performs additional,
value-added, production processes, including firms that perform final
assembly, finishing, or packaging of articles, for another firm;
(5) the term `supplier' means a firm that produces component parts for,
or articles and contract services considered to be a part of the production
process or services for, another firm;
(6) the term `Secretary' means the Secretary of Labor; and
(7) the term `terrorist action or security measure' means a terrorist
attack on the United States on September 11, 2001, or a security measure
taken in response to such attack.
(b) ADDITIONAL TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION FOR ELIGIBLE
INDIVIDUAL- In the case of an eligible individual, the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21), as
amended by Public Law 108-1 (117 Stat. 3), shall be applied as if it had been
amended in accordance with subsection (c).
(1) IN GENERAL- For purposes of subsection (b), the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21), as
amended by Public Law 108-1 (117 Stat. 3), shall be treated as if it had
been amended as provided in this subsection.
(2) PROGRAM EXTENSION- Deem section 208 of the Temporary Extended
Unemployment Compensation Act of 2002, as amended by Public Law 108-1 (117
Stat. 3), to be amended to read as follows:
`SEC. 208. APPLICABILITY.
`(a) IN GENERAL- Subject to subsection (b), an agreement entered into
under this title shall apply to weeks of unemployment--
`(1) beginning after the date on which such agreement is entered into;
and
`(2) ending before December 29, 2003.
`(b) TRANSITION FOR AMOUNT REMAINING IN ACCOUNT-
`(1) IN GENERAL- Subject to paragraph (2), in the case of an individual
who has amounts remaining in an account established under section 203 as of
December 28, 2003, temporary extended unemployment compensation shall
continue to be payable to such individual from such amounts for any week
beginning after such date for which the individual meets the eligibility
requirements of this title, including such compensation payable by reason of
amounts deposited in such account after such date pursuant to the
application of subsection (c) of such section.
`(2) LIMITATION- No compensation shall be payable by reason of paragraph
(1) for any week beginning after December 26, 2004.'.
(3) ADDITIONAL WEEKS OF BENEFITS- Deem section 203 of the Temporary
Extended Unemployment Compensation Act of 2002, as amended by Public Law
108-1 (117 Stat. 3), to be amended--
(A) in subsection (b)(1)--
(i) in subparagraph (A), by striking `50' and inserting `150';
and
(ii) by striking `13' and inserting `39'; and
(B) in subsection (c)(1), by inserting ` 1/3 of' after `equal
to'.
(4) EFFECTIVE DATE OF MODIFICATIONS DESCRIBED IN PARAGRAPH (3)-
(A) IN GENERAL- The amendments described in paragraph (3)--
(i) shall be deemed to have taken effect as if included in the
enactment of the Temporary Extended Unemployment Compensation Act of
2002; but
(ii) shall be treated as applying only with respect to weeks of
unemployment beginning on or after the date of enactment of this Act,
subject to subparagraph (B).
(B) SPECIAL RULES- In the case of an eligible individual for whom a
temporary extended unemployment account was established before the date of
enactment of this Act, the Temporary Extended Unemployment Compensation
Act of 2002 (as amended by this section) shall be applied subject to the
following:
(i) Any amounts deposited in the individual's temporary extended
unemployment compensation account by reason of section 203(c) of such
Act (commonly known as `TEUC-X amounts') before the date of enactment of
this Act shall be treated as amounts deposited by reason of section
203(b) of such Act (commonly known as `TEUC amounts'), as deemed to have
been amended by paragraph (3)(A).
(ii) For purposes of determining whether the individual is eligible
for any TEUC-X amounts under such Act, as deemed to be amended by this
subsection--
(I) any determination made under section 203(c) of such Act before
the application of the amendment described in paragraph (3)(B) shall
be disregarded; and
(II) any such determination shall instead be made by applying
section 203(c) of such Act, as deemed to be amended by paragraph
(3)(B), as of the time that all amounts established in such account in
accordance with section 203(b) of such Act (as deemed to be amended
under this subsection, and including any amounts described in clause
(i)) are in fact exhausted.
TITLE V--PANEL TO REVIEW SEXUAL MISCONDUCT ALLEGATIONS AT UNITED STATES
AIR FORCE ACADEMY
SEC. 501. ESTABLISHMENT OF PANEL.
(a) ESTABLISHMENT- There is established a panel to review sexual
misconduct allegations at the United States Air Force Academy.
(b) COMPOSITION- The panel shall be composed of seven members, appointed
by the Secretary of Defense from among private United States citizens who have
expertise in behavioral and psychological sciences and standards and practices
relating to proper treatment of sexual assault victims (to include their
medical and legal rights and needs), as well as the United States military
academies.
(c) CHAIRMAN- The Secretary of Defense shall, in consultation with the
Chairmen of the Committees on Armed Services of the Senate and House of
Representatives, select the Chairman of the panel from among its members under
subsection (b).
(d) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the
life of the panel. Any vacancy in the panel shall be filled in the same manner
as the original appointment.
(e) MEETINGS- The panel shall meet at the call of the Chairman.
(f) INITIAL ORGANIZATION REQUIREMENTS- (1) All original appointments to
the panel shall be made not later than May 1, 2003.
(2) The Chairman shall convene the first meeting of the panel not later
than May 8, 2003.
SEC. 502. DUTIES OF PANEL.
(a) IN GENERAL- The panel established under section 501(a) shall carry out
a study of the policies, management and organizational practices, and cultural
elements of the United States Air Force Academy that were conducive to
allowing sexual misconduct (including sexual assaults and rape) at the United
States Air Force Academy.
(b) REVIEW- In carrying out the study required by subsection (a), the
panel shall--
(1) review the actions taken by United States Air Force Academy
personnel and other Department of the Air Force officials in response to
allegations of sexual assaults at the United States Air Force Academy;
(2) review directives issued by the United States Air Force pertaining
to sexual misconduct at the United States Air Force Academy;
(3) review the effectiveness of the process, procedures, and policies
used at the United States Air Force Academy to respond to allegations of
sexual misconduct;
(4) review the relationship between--
(A) the command climate for women at the United States Air Force
Academy, including factors that may have produced a fear of retribution
for reporting sexual misconduct; and
(B) the circumstances that resulted in sexual misconduct at the
Academy;
(5) review, evaluate, and assess such other matters and materials as the
panel considers appropriate for the study; and
(6) review, and incorporate as appropriate, the findings of ongoing
studies being conducted by the Air Force General Counsel and Inspector
General.
(c) REPORT- (1) Not later than 90 days after its first meeting under
section 501(f)(2), the panel shall submit a report on the study required by
subsection 502(a) to the Secretary of Defense and the Committees on Armed
Services of the Senate and the House of Representatives.
(2) The report shall include--
(A) the findings and conclusions of the panel as a result of the study;
and
(B) any recommendations for legislative or administrative action that
the panel considers appropriate in light of the study.
SEC. 503. PERSONNEL MATTERS.
(a) PAY OF MEMBERS- (1) Members of the panel established under section
501(a) shall serve without pay by reason of their work on the panel.
(2) Section 1342 of title 31, United States Code, shall not apply to the
acceptance of services of a member of the panel under this title.
(b) TRAVEL EXPENSES- The members of the panel shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of business in the
performance of services for the panel.
TITLE VI--GENERAL PROVISIONS--THIS ACT
SEC. 6001. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly so
provided herein.
This Act may be cited as the `Emergency Wartime Supplemental
Appropriations Act, 2003'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END