[108th Congress Public Law 11]
[From the U.S. Government Printing Office]
[DOCID: f:publ011.108]
[[Page 117 STAT. 559]]
Public Law 108-11
108th Congress
An Act
Making emergency wartime supplemental appropriations for the fiscal year
2003, and for other purposes. <<NOTE: Apr. 16, 2003 - [H.R. 1559]>>
Be it enacted by the Senate and House of Representatives of the
United States of America <<NOTE: Emergency Wartime Supplemental
Appropriations Act, 2003.>> 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.
[[Page 117 STAT. 560]]
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
[[Page 117 STAT. 561]]
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
[[Page 117 STAT. 562]]
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.
[[Page 117 STAT. 563]]
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
[[Page 117 STAT. 564]]
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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: Reports. Deadline.>> 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.
[[Page 117 STAT. 565]]
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 <<NOTE: Reports. Deadline.>> 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.
[[Page 117 STAT. 566]]
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
[[Page 117 STAT. 567]]
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 <<NOTE: 116 Stat. 1522.>> 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 <<NOTE: 116 Stat. 1522.>> 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), <<NOTE: 116 Stat. 1537.>> 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, <<NOTE: Ante, p.
536.>> 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
[[Page 117 STAT. 568]]
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 <<NOTE: 22 USC 2151
note.>> 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 <<NOTE: Notification. Deadline.>> 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
[[Page 117 STAT. 569]]
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 <<NOTE: Deadline. Reports.>> 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, <<NOTE: Deadline. Reports.>> 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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Applicability.>> 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
[[Page 117 STAT. 570]]
National Guard; and, in addition, appropriations available
during fiscal year 2003 under the heading ``Operation and
Maintenance, Army'', not more than $2,000,000 is available for
training range enhancements at Fort Indiantown Gap, Pennsylvania
and, further, appropriations available for the Air Battle
Captain program at the University of North Dakota may be used to
provide summer flight training to the United States Military
Academy cadets.
(2) Under the heading, ``Operation and Maintenance, Air
Force'', not more than $6,800,000 is available to build and
install fiber optic and power improvements and upgrades at the
11th Air Force Range.
(3) Under the heading, ``Procurement, Defense-Wide'', strike
``purchase of 4'' and insert ``purchase of 6''.
(4) Upon enactment of this Act, the Secretary of Defense
shall make the following transfers of funds provided in Public
Law 107-248 for the Dismounted Intelligence Situation Mapboard
(DISM) program, and such funds, once transferred, are available
for the Dismounted Intelligence Situation Mapboard (DISM)
program: Provided, That the amounts transferred shall be
available for the same purpose as the appropriations to which
transferred, and for the same time period as the appropriation
from which transferred: Provided further, That the amounts shall
be transferred between the following appropriations in the
amount specified:
From:
Under the heading ``Other Procurement, Army,
2003/2005'', $5,600,000; and
Under the heading ``Research, Development,
Test and Evaluation, Army, 2003/2004'',
$2,800,000.
To:
Under the heading ``Procurement, Marine Corps,
2003/2005'', $2,800,000;
Under the heading ``Procurement, Defense-Wide,
2003/2005'', $2,800,000;
Under the heading ``Research, Development,
Test and Evaluation, Navy, 2003/2004'',
$1,400,000; and
Under the heading ``Research, Development,
Test and Evaluation, Defense-Wide, 2003/2004'',
$1,400,000.
Sec. 1315. Section 811(b) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2608; 10 U.S.C. 2406c note) <<NOTE: 10 USC 2306c 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 <<NOTE: 37 USC 310 note.>> amendments made
by subsections (a) and (b) shall expire on September 30, 2003.
(2) Effective <<NOTE: Effective date.>> 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.
[[Page 117 STAT. 571]]
(d) Effective Date.--The <<NOTE: Applicability. 37 USC 310
note.>> 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.
[[Page 117 STAT. 572]]
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.
[[Page 117 STAT. 573]]
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
[[Page 117 STAT. 574]]
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 <<NOTE: Notification.>> 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 <<NOTE: Jordan.>> shall be
made available for assistance for Jordan;
(2) $300,000,000, to remain <<NOTE: Egypt.>> 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 <<NOTE: President.>> 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;
[[Page 117 STAT. 575]]
(3) not to exceed $1,000,000,000, <<NOTE: Turkey.>> 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 <<NOTE: President.>> 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 <<NOTE: Philippines.>> 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
[[Page 117 STAT. 576]]
(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 <<NOTE: President. Reports. Deadline.>> 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 <<NOTE: President.>> President shall
determine the terms and conditions for issuing guarantees, taking into
consideration
[[Page 117 STAT. 577]]
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 <<NOTE: Deadline.>> 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
[[Page 117 STAT. 578]]
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 <<NOTE: Notification.>> 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 <<NOTE: Reports.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Notification.>> 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
[[Page 117 STAT. 579]]
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 <<NOTE: President. Notification.>> 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 <<NOTE: Deadlines. President. Reports.>> 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 <<NOTE: Expiration
date.>> 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
[[Page 117 STAT. 580]]
force: Provided further, That the <<NOTE: Expiration date.>> 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 <<NOTE: Ante, p.
169.>> 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. <<NOTE: President. 22 USC 2151 note.>> REPORTS ON UNITED
STATES STRATEGY FOR RELIEF AND RECONSTRUCTION IN IRAQ.
(a) Initial Report.--Not <<NOTE: Deadline.>> 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 <<NOTE: Deadlines.>> than 90 days
after the date of enactment of this Act, and every 90 days thereafter
until September 30, 2004, the President shall submit to the Committees
on Appropriations a report that contains:
(1) A list of significant United States Government-funded
activities related to reconstruction in Iraq that, during the
90-day period ending 15 days prior to the date the report is
submitted to the Committees on Appropriations--
(A) were initiated; or
(B) were completed.
(2) A list of the significant activities related to
reconstruction in Iraq that the President anticipates initiating
during the 90-day period beginning on the date the report is
submitted to the Committees on Appropriations, including:
[[Page 117 STAT. 581]]
(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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Notification. Deadline.>> 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,
[[Page 117 STAT. 582]]
That the <<NOTE: Notification. Deadline.>> 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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Notification. Deadline.>> 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
[[Page 117 STAT. 583]]
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 <<NOTE: Deadlines.>> 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 <<NOTE: Deadlines.>> 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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Notification. Deadline.>> Secretary shall notify the
[[Page 117 STAT. 584]]
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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Deadline. Reports.>> 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
[[Page 117 STAT. 585]]
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:
[[Page 117 STAT. 586]]
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.
[[Page 117 STAT. 587]]
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) <<NOTE: Ante, p. 348.>> 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
[[Page 117 STAT. 588]]
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 <<NOTE: Effective date.>> 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 <<NOTE: Certification.>> 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.
[[Page 117 STAT. 589]]
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 <<NOTE: Ante, p. 45.>> 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 <<NOTE: 7 USC 3101
note.>> 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 <<NOTE: Ante, p. 544.>> 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 <<NOTE: Ante, p. 539.>> by adding at the end the
following:
``(3) Grants.--
``(A) In general.--To provide assistance to eligible
applicants under paragraph (2)(B), the Secretary shall
provide grants to appropriate State departments of
agriculture (or other appropriate State agencies) that
agree to provide assistance to eligible applicants.
``(B) Amount.--The total amount of grants provided
under subparagraph (A) shall be equal to the total
amount of assistance that the Secretary determines all
eligible applicants are eligible to receive under
paragraph (2)(B).''.
Sec. 2104. Use of Organically Produced Feed for Certification as
Organic Farm. Section 771 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 2003
(division A of <<NOTE: Ante, p. 49.>> Public Law 108-7) is repealed.
Sec. 2105. Wild Seafood. Section 2107 of the Organic Foods
Production Act of <<NOTE: 7 USC 6506.>> 1990 (7 U.S.C. 6503) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Wild Seafood.--
``(1) In general.--Notwithstanding
the <<NOTE: Regulations. Public information.>> 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.
[[Page 117 STAT. 590]]
``(2) Consultation and accommodation.--In carrying out
paragraph (1), the Secretary shall--
``(A) consult with--
``(i) the Secretary of Commerce;
``(ii) the National Organic Standards Board
established under section 2119;
``(iii) producers, processors, and sellers;
and
``(iv) other interested members of the public;
and
``(B) to the maximum extent practicable, accommodate
the unique characteristics of the industries in the
United States that harvest and process wild seafood.''.
Sec. 2106. Technical Assistance for Conservation Programs. (a) In
General.--Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841)
is amended by striking subsection (b) and inserting the following:
``(b) Technical <<NOTE: Effective date.>> 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 <<NOTE: 16 USC 3841 note.>> 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
[[Page 117 STAT. 591]]
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 <<NOTE: Ante, p. 549.>> 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
[[Page 117 STAT. 592]]
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):
[[Page 117 STAT. 593]]
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''.
[[Page 117 STAT. 594]]
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'' <<NOTE: Ante, p. 223.>> 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'' <<NOTE: Ante, p. 224.>> by striking ``$1,565,565,000'' and
inserting ``$1,574,565,000''.
Bureau of Indian Affairs
construction
Within 30 days <<NOTE: Deadline.>> 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, <<NOTE: Ante, p. 276.>> 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 <<NOTE: Ante, p. 307.>> 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
[[Page 117 STAT. 595]]
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 <<NOTE: Ante, p. 322.>> 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) <<NOTE: Ante, p. 323.>> 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.
[[Page 117 STAT. 596]]
DEPARTMENT OF EDUCATION
school improvement programs
The matter under the heading ``Department of Education, School
Improvement Programs'', in Public Law 108-7 <<NOTE: Ante, p. 327.>> 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
[[Page 117 STAT. 597]]
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''.
[[Page 117 STAT. 598]]
higher education
The matter under the heading ``Higher Education'', in Public Law
108-7 <<NOTE: Ante, p. 330.>> 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''.
[[Page 117 STAT. 599]]
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 <<NOTE: 20 USC 7544.>> 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 <<NOTE: Ante, p. 333.>> 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 <<NOTE: Ante, p. 373.>> amended by striking ``not later than 90
days'' and inserting ``not later than 180 days''.
(b) The <<NOTE: Effective date. 2 USC 1805 note.>> 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 <<NOTE: Ante, p. 376.>> 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
[[Page 117 STAT. 600]]
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 <<NOTE: Ante, p.
415.>> Public Law 108-7 is amended by striking ``Transportation
Management'' and inserting in lieu thereof ``Urbanized''.
Sec. 2702. Section 321 of division I of <<NOTE: Ante, p.
411.>> 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.
[[Page 117 STAT. 601]]
(b) Public Law 108-7 is <<NOTE: Ante, p. 392.>> 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 <<NOTE: Ante, p. 106.>> 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 <<NOTE: Applicability.>> 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
[[Page 117 STAT. 602]]
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 <<NOTE: Notification.>> 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):
[[Page 117 STAT. 603]]
Provided further, That the second proviso under the heading
``Corporation for National and Community Service'' in Public Law 108-7
is deemed to be <<NOTE: Ante, p. 506.>> 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 <<NOTE: Deadline. 7 USC 136a-1 note.>> of enactment
of this Act, the Administrator of the Environmental Protection Agency
shall adjust each ``maximum annual fee payable'' pursuant to 7 U.S.C.
136a-1(i)(5)(D) and (E) in a manner such that maintenance fee
collections made to reach the level authorized in division K of Public
Law 108-7 shall be established in the same proportion as those
maintenance fee collections authorized in Public Law 107-73.
National Science Foundation
research and related activities
The first sentence under this heading in Public Law 108-7
is <<NOTE: Ante, p. 521.>> amended by striking ``$320,000,000'' and
inserting in lieu thereof ``$330,000,000''.
TITLE III--COLUMBIA <<NOTE: Columbia Orbiter Memorial Act. 38 USC 2409
note.>> ORBITER MEMORIAL ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Columbia Orbiter Memorial Act''.
SEC. 302. CONSTRUCTION <<NOTE: Virginia.>> 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
[[Page 117 STAT. 604]]
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 <<NOTE: Deadline.>> 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
[[Page 117 STAT. 605]]
of this Act: Provided further,
That <<NOTE: Deadline. Certification.>> 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;
[[Page 117 STAT. 606]]
(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 <<NOTE: Records.>> 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 <<NOTE: Reports. Certification.>> 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''.
[[Page 117 STAT. 607]]
SEC. 4002. ADDITIONAL <<NOTE: 26 USC 3304 note.>> 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 <<NOTE: Applicability.>> Extended
Unemployment Compensation for Eligible Individual.--In the case of an
eligible individual, the Temporary Extended Unemployment Compensation
Act of 2002 (Public Law 107-147; 116 Stat. 21), as amended by Public Law
108-1 (117 Stat. 3), shall be applied as if it had been amended in
accordance with subsection (c).
(c) Modifications.--
(1) In general.--For purposes of subsection (b), the
Temporary Extended Unemployment Compensation Act of 2002 (Public
Law 107-147; 116 Stat. 21), as amended by Public Law 108-1 (117
Stat. 3), shall be treated as if it had been amended as provided
in this subsection.
(2) Program extension.--Deem section 208 of the Temporary
Extended Unemployment Compensation Act of 2002,
[[Page 117 STAT. 608]]
as amended by Public Law 108-1 (117 Stat. 3), <<NOTE: 26 USC
3304 note.>> 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 <<NOTE: 26 USC 3304 note.>> 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
[[Page 117 STAT. 609]]
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 <<NOTE: Deadline.>> 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.
[[Page 117 STAT. 610]]
(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 <<NOTE: Deadline.>> 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.
[[Page 117 STAT. 611]]
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''.
Approved April 16, 2003.
LEGISLATIVE HISTORY--H.R. 1559 (S. 762):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 108-55 (Comm. on Appropriations) and 108-76 (Comm.
of Conference).
SENATE REPORTS: No. 108-33 accompanying S. 762 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Apr. 3, considered and passed House.
Apr. 7, considered and passed Senate, amended, in lieu of S.
762.
Apr. 12, House and Senate (pursuant to a unanimous-consent
agreement on Apr. 11) agreed to conference report.
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