[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 762 Placed on Calendar Senate (PCS)]
Calendar No. 59
108th CONGRESS
1st Session
S. 762
[Report No. 108-33]
Making supplemental appropriations to support Department of Defense
operations in Iraq, Department of Homeland Security, and Related
Efforts for the fiscal year ending September 30, 2003, and for other
purposes.
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 1, 2003
Mr. Stevens, from the Committee on Appropriations, reported the
following original bill, which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making supplemental appropriations to support Department of Defense
operations in Iraq, Department of Homeland Security, and Related
Efforts for the fiscal year ending September 30, 2003, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2003, and for
other purposes, namely:
TITLE I--SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
AGRICULTURAL PROGRAMS
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$98,000,000, to remain available until expended.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
counterterrorism fund
For an additional amount for necessary expenses, as determined by
the Attorney General, $500,000,000, to remain available until December
31, 2003, to reimburse any Department of Justice organization for: (1)
the costs incurred in reestablishing the operational capability of an
office or facility which has been damaged or destroyed as a result of
any domestic or international terrorist incident; and (2) the costs of
providing support to counter, investigate or prosecute domestic or
international terrorism, including payment of rewards in connection
with these activities: Provided, That any Federal agency may be
reimbursed for the costs of detaining in foreign countries individuals
accused of acts of terrorism that violate the laws of the United
States: Provided further, 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 the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2003.
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular Programs'',
$83,420,000: Provided, That $15,600,000, to remain available until
December 31, 2003, shall only be available for medical services:
Provided further, That $2,000,000 shall only be available for the
Consular Affairs requirements relating to American citizen services:
Provided further, That $30,020,000 shall only be available for Machine
Readable Visa fee shortfalls affecting the Border Security Program:
Provided further, That notwithstanding any other provision of law, any
shortfall in fee revenue resulting from a decrease in the number of
visa applications to the United States shall be offset by a direct
transfer of funds equal to the amount of the shortfall from the
Diplomatic and Consular Programs general account to the Appropriations
Point Deliminator Account Number X0113.6: Provided further, That
$35,800,000 shall only be available for costs associated with the re-
establishment of a United States diplomatic presence in Baghdad, Iraq,
of which $17,900,000 is for operational requirements, including
housing, furniture, sundries, travel, vehicles, and office supplies and
furnishings, and $17,900,000 is for security, of which $5,300,000 is
for information technology, $1,945,000 is for courier shipments,
$3,789,000 is for temporary duty assignments, and $2,503,000 is for
armored vehicles, spares, and repairs.
In addition, for the costs of worldwide security upgrades,
including increased local guard protection, chemical and biological
countermeasures, requirements relating to intelligence, the assignment
of temporary personnel to United States diplomatic presences, armored
vehicles, and the security of the domestic facilities of the Department
of State, $10,000,000, to remain available until December 31, 2003.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $72,000,000: Provided, That of the funds appropriated
under this heading, $20,000,000 shall only be available for capital
costs associated with the re-establishment of a United States
Diplomatic presence in Baghdad, Iraq: Provided further, That of the
funds appropriated under this heading, not less than $52,000,000 shall
be available for the Center for Antiterrorism and Security Training.
In addition, for security enhancements to non-official facilities
frequented by United States citizens overseas, including schools
attended by the dependents of non-military United States Government
personnel, $10,000,000, to remain available until September 30, 2004.
emergencies in the diplomatic and consular service
For an additional amount for ``Emergencies in the Diplomatic and
Consular Service'', $40,000,000, to remain available until expended:
Provided, That the Secretary of State may collect from the head of any
other agency of the United States the cost incurred by the Department
of State for evacuating an employee of such agency, and any member of
the family of such an employee, from a location in a foreign country
where the employee is authorized to be in connection with the
performance of the employee's official duties: Provided further, That
the head of an agency shall pay the Secretary of State the amount
certified by the Secretary as the cost of evacuation of that agency's
personnel: Provided further, That amounts collected by the Secretary of
State under the previous two provisos shall be credited to the
appropriation charged such cost, shall be merged with other sums in
such appropriation, and shall be available for the same purposes and
period as the appropriation to which credited within 60 days of
certification by the Secretary of State.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $62,000,000, to remain available until September 30,
2004, for activities related to the Middle East Television Network
broadcasting and radio broadcasting to Iraq.
CHAPTER 3
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$7,724,500,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,784,300,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$1,254,900,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$2,834,800,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$6,000,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$110,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$16,142,500,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$5,296,600,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,752,700,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $7,209,200,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $4,007,700,000, to remain available until expended, of which
$1,400,000,000, which may be used, notwithstanding any other provision
of law, for payments to reimburse Pakistan, Jordan, and other key
cooperating nations, for logistical and military-related support
provided to the United States in connection with military action in
Iraq and the global war on terrorism: Provided, That such payments may
be made in such amounts as the Secretary of Defense, with concurrence
of the Secretary of State and in consultation with the Director of the
Office of Management and Budget, may determine, in his discretion,
based on documentation determined by the Secretary of Defense to
adequately account for the support provided, and such determination is
final and conclusive upon the accounting officers of the United States
and 15 days following notification to the appropriate congressional
committees.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $15,000,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $50,000,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $88,400,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $20,000,000.
Natural Resources Risk Remediation Fund
(including transfer of funds)
For expenses necessary to address emergency fire fighting, repair
of damage to oil facilities and related infrastructure and preserve a
distribution capability, $489,300,000, to remain available until
expended: Provided, That the Secretary of Defense may accept from any
person, foreign government, or international organization, and credit
to this fund, any contribution of money for such purposes: Provided
further, That the Secretary of Defense may transfer these funds to
other appropriations or funds of the Department of Defense to carry out
such purposes, or to reimburse such appropriations or funds for
expenses incurred for such purposes: Provided further, That funds so
transferred shall be merged with and shall be available for the same
purposes and for the same time period as the appropriation or fund to
which transferred: Provided further, That the Secretary of Defense
shall submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees of any transfer
of funds from this appropriation: Provided further, That the transfer
authority provided in this paragraph is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided, such amounts may be transferred back to this appropriation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$4,100,000.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$3,100,000.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $53,300,000.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$447,500,000.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$241,800,000.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$113,600,000.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$451,000,000.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $11,500,000.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
(including transfer of funds)
For an additional amount for ``Defense Working Capital Funds'',
$550,000,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$501,700,000.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $34,000,000.
Defense Emergency Response Fund
(including transfer of funds)
For an additional amount for ``Defense Emergency Response Fund'',
$11,019,000,000, to remain available until expended, of which not to
exceed $50,000,000, to remain available until September 30, 2003, to
support the military operations or activities of foreign nations in
furtherance of the global war on terrorism, including equipment,
supplies, services, and funding on such terms as the Secretary of
Defense, following notification of the congressional defense
committees, and with the concurrence of the Secretary of State, may
determine: Provided, That the Secretary of Defense may transfer the
funds provided herein to appropriations for military personnel;
operation and maintenance; Overseas Humanitarian, Disaster Assistance,
and Civic Aid; procurement; research, development, test and evaluation;
military construction; the Defense Health Program; and working capital
funds: Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the same time
period, as the appropriation to which transferred: Provided further,
That the transfer authority provided in this paragraph is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall submit a report
no later than 30 days after the end of each fiscal quarter to the
Defense Oversight Committees of the details of any transfer of funds
from the ``Defense Emergency Response Fund'': Provided further, That
upon a determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 301. Under the heading, ``Operation and Maintenance, Defense-
Wide'', in title II of the Department of Defense Appropriations Act,
2003 (Public Law 107-248), strike ``$25,000,000'' and insert
``$50,000,000''. Section 166a of title 10, United States Code, is
amended by striking ``$7,000,000'' in subsection (e)(1)(A) and
inserting ``$15,000,000''; by striking ``$1,000,000'' in subsection
(e)(1)(B) and inserting ``$10,000,000''; and by striking ``$2,000,000''
in subsection (e)(1)(C) and inserting ``$10,000,000''.
Sec. 302. Under the heading, ``Operation and Maintenance, Defense-
Wide'', in title II of the Department of Defense Appropriations Act,
2003 (Public Law 107-248), strike ``$34,500,000'' and insert
``$45,000,000''.
(transfer of funds)
Sec. 303. Section 8005 of the Department of Defense Appropriations
Act, 2003 (Public Law 107-248), is amended--
(1) by striking ``$2,000,000,000'', and inserting
``$3,500,000,000''; and
(2) by striking the date ``May 31, 2003'', and inserting
``June 30, 2003''.
(transfer of funds)
Sec. 304. In addition to amounts made available elsewhere in this
Act for the Department of Defense, $165,000,000 is appropriated to the
Department of Defense to reimburse applicable appropriations for the
value of drawdown support provided by the Department of Defense under
the Afghanistan Freedom Support Act of 2002: Provided, That this
appropriation shall not increase the limitation set forth in section
202(b) of that Act: Provided further, That the Secretary of Defense may
transfer the funds provided herein to the applicable appropriations of
the Department of Defense: Provided further, That the funds transferred
shall be merged with and shall be available for the same purposes and
for the same time period as the appropriation to which transferred:
Provided further, That the transfer authority provided in this section
is in addition to any other transfer authority available to the
Department of Defense.
Sec. 305. Funds appropriated in this Act, or made available by the
transfer of funds in or pursuant to this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
(transfer of funds)
Sec. 306. Of the amounts available to the Department of Defense,
$63,500,000 may be used to reimburse applicable appropriations for the
value of support provided by the Department of Defense under the Iraq
Liberation Act of 1998: Provided, That this appropriation shall not
increase the limitation set forth in section (4)(a)(2)(B) of that Act:
Provided further, That the Secretary of Defense may transfer the funds
provided herein to the applicable appropriations of the Department of
Defense: Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the same time
period as the appropriation to which transferred: Provided further,
That the transfer authority provided in this section is in addition to
any other transfer authority available to the Department of Defense.
Sec. 307. Expanded Use of Cooperative Threat Reduction Funds. (a)
In General.--
(1) Notwithstanding any other provision of law, during
fiscal year 2003 the President may use Cooperative Threat
Reduction funds, including Cooperative Threat Reduction funds
for a prior fiscal year that remain available for obligation as
of the date of the enactment of this Act, for proliferation
threat reduction projects and activities outside the states of
the former Soviet Union if the President determines that such
projects and activities will:
(A) assist the United States in the resolution of
critical emerging proliferation threats; or
(B) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation
goals.
(2) The amount that may be obligated under paragraph (1) in
each fiscal year for projects and activities described in that
paragraph may not exceed $50,000,000.
(b) Authorized Uses of Funds.--The authority under subsection (a)
to use Cooperative Threat Reduction funds for a project or activity
includes authority to provide equipment, goods, and services for the
project or activity, and shall be subject to 22 U.S.C. Sec. 5955.
Sec. 308. None of the funds provided in this Act may be used to
fund a program previously prohibited by the Congress, or to initiate a
new procurement or research, development, test and evaluation program
without prior notification of the congressional defense committees.
Sec. 309. The Secretary of Defense shall notify the congressional
defense committees no later than 15 days after the obligation of funds
appropriated in this Act for military construction activities or minor
construction in excess of $7,500,000.
Sec. 310. From funds appropriated in the Department of Defense
Appropriations Act, 2003, Public Law 107-248, under the heading
``Operation and Maintenance, Air Force'', not more than $6,800,000 is
available to build and install fiber optic and power improvements and
upgrades at the 11th Air Force Range.
Sec. 311. Section 811(b) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2608; 10 U.S.C. 2406c note) is amended by striking ``on or after the
date of the enactment of this Act'' and inserting ``on or after January
1, 2004''.
Sec. 312. From funds appropriated in the Department of Defense
Appropriations Act, 2003, Public Law 107-248, under the heading
``Operation and Maintenance, Army National Guard'', not more than
$3,000,000 is available to build an Infantry Brigade Rifle Range for
the South Carolina National Guard.
Sec. 313. Appropriations available during fiscal year 2003 under
the heading ``Operation and Maintenance, Army'' for the Air Battle
Captain program at the University of North Dakota, may be used to
provide summer flight training to United States Military Academy
cadets.
CHAPTER 4
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
operations and maintenance, general
For an additional amount for homeland security expenses, for
``Operations and Maintenance, General'', $29,000,000, to remain
available until expended.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
For an additional amount for homeland security expenses, for
``Water and Related Resources'', $25,000,000, to remain available until
expended.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Science
For an additional amount for ``Science'', $1,000,000, to remain
available until expended, for increased safeguards and security of
nuclear and other facilities.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
weapons activities
For an additional amount for ``Weapons Activities'', $19,000,000,
to remain available until expended, for increased safeguards and
security for the Nation's nuclear weapons complex.
Defense Nuclear Nonproliferation
For an additional amount for ``Defense Nuclear Nonproliferation'',
$55,000,000, 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'', $6,000,000, to remain available until expended,
for increased safeguards and security of nuclear and other facilities.
Other Defense Activities
For an additional amount for ``Other Defense Activities'',
$18,000,000, to remain available until expended, for increased
safeguards and security of Department of Energy facilities and
personnel, including intelligence and counterintelligence activities:
Provided, That this amount shall be available for transfer to other
accounts within the Department of Energy for other expenses necessary
to support elevated security conditions 15 days after a notification to
the Congress of the proposed transfers.
CHAPTER 5
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
United States Agency for International Development
child survival and health programs funds
For an additional amount for ``Child Survival and Health Programs
Fund'', $90,000,000.
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$112,500,000: Provided, That amounts made available pursuant to section
492(b) of the Foreign Assistance Act of 1961 for the purpose of
addressing relief and rehabilitation needs in Iraq, prior to enactment
of this Act, shall be in addition to the amount that may be obligated
in any fiscal year under that section.
loan guarantees to israel
During the period beginning March 1, 2003 and ending September 30,
2005, loan guarantees may be made available to Israel, guaranteeing 100
percent of the principal and interest on such loans, any part of which
is to be guaranteed, not to exceed $9,000,000,000: Provided, That
guarantees may be issued under this section only to support activities
in the geographic areas which were subject to the administration of the
Government of Israel before June 5, 1967: Provided further, That the
amount of guarantees that may be issued shall be reduced by an amount
equal to the amount extended or estimated to have been extended by the
Government of Israel during the period from March 1, 2003 to the date
of issue of the guarantee, for activities which the President
determines are inconsistent with the objectives and understandings
reached between the United States and the Government of Israel
regarding the implementation of the loan guarantee program: Provided
further, That no appropriations are available under this heading for
the subsidy costs for these loan guarantees: Provided further, That the
Government of Israel will pay the cost, as defined in section 502 of
the Federal Credit Reform Act of 1990, as amended, including any non-
payment exposure risk, associated with the loan guarantees issued in
any fiscal year on a pro rata basis as each guarantee is issued during
that year: Provided further, That all fees associated with the loan
guarantees shall be paid by the Government of Israel to the Government
of the United States: Provided further, That funds made available for
assistance to Israel under chapter 4 of part II of the Foreign
Assistance Act of 1961, as amended, may be utilized by the Government
of Israel to pay such fees to the United States Government: Provided
further, That such guarantees shall constitute obligations, in
accordance with the terms of such guarantees, of the United States and
the full faith and credit of the United States is hereby pledged for
the full payment and performance of such obligations: Provided further,
That if less than the full amount of guarantees authorized to be made
available is issued prior to September 30, 2005, the authority to issue
the balance of such guarantees shall extend to the subsequent fiscal
year: Provided further, That the President shall determine the terms
and conditions for issuing guarantees, taking into consideration the
budgetary and economic reforms undertaken by Israel: Provided further,
That if the President determines that these terms and conditions have
been breached, the President may suspend or terminate the provision of
all or part of the loan guarantees not yet issued under this section.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the United
States Agency for International Development'', $23,600,000, of which
not more than $2,000,000 may be transferred to and merged with
``Operating Expenses of the United States Agency for International
Development Office of Inspector General''.
OTHER BILATERAL ECONOMIC ASSISTANCE
Economic Support Fund
For an additional amount for ``Economic Support Fund'',
$2,357,900,000, of which the amounts specified herein shall be
available as follows:
(1) $300,000,000, to remain available until September 30,
2005, only for grants for Egypt: Provided, That during the
period beginning March 1, 2003 and ending September 30, 2005,
loan guarantees may be made to Egypt, the principal amount, any
part of which is to be guaranteed, shall not exceed
$2,000,000,000: Provided further, That up to $379,600,000 in
funds appropriated under this heading in prior foreign
operations, export financing, and related programs
appropriations Acts for Egypt, including funds provided as
Commodity Import Program assistance, may be made available on a
grant basis as a cash transfer.
(2) $1,000,000,000 to remain available until September 30,
2005, only for grants for Turkey: Provided, That during the
period beginning March 1, 2003 and ending September 30, 2005,
direct loans or loan guarantees may be made to Turkey, the
principal amount of direct loans or loans, any part of which is
to be guaranteed, shall not exceed $8,500,000,000: Provided
further, That none of the funds made available under this
heading for Turkey may be made available if Turkey unilaterally
deploys troops into northern Iraq during Operation Iraqi
Freedom: Provided further, That the Secretary of State may
waive the requirement of the previous proviso if he determines
that to do so is in the national security interest of the
United States: Provided further, That any balance of funds not
made available to Turkey under this paragraph shall be
transferred to, and merged with, funds appropriated for ``Iraq
Relief and Reconstruction Fund''.
(3) The Government of Egypt and the Government of Turkey
will pay the cost, as defined in section 502 of the Federal
Credit Reform Act of 1990, as amended, including any non-
payment exposure risk, associated with these loan guarantees:
Provided further, That all fees associated with these loan
guarantees or loans shall be paid by the Government of Egypt
and the Government of Turkey to the Government of the United
States: Provided further, That funds made available for
assistance for Egypt and Turkey under chapter 4 of Part II of
the Foreign Assistance Act of 1961, as amended, may be utilized
by the Government of Egypt and the Government of Turkey to pay
such fees and costs to the United States Government: Provided
further, That such guarantees shall constitute obligations, in
accordance with the terms of such guarantees, of the United
States and the full faith and credit of the United States is
hereby pledged for the full payment and performance of such
obligations: Provided further, That the President shall
determine the terms and conditions for providing the economic
assistance authorized in paragraphs (1) and (2): Provided
further, That if the President determines that these terms and
conditions have been breached, the President may suspend or
terminate the provision of all or part of such economic
assistance not yet outlayed under this heading, and shall
transfer, and merge, such economic assistance with the ``Iraq
Relief and Reconstruction Fund''.
(4) $700,000,000 for assistance for Jordan.
(5) Not less than $50,000,000 for assistance for the
Philippines to further prospects for peace in Mindanao.
United States Emergency Fund for Complex Foreign Crises
For necessary expenses to enable the President to respond to
unforeseen complex foreign crises, $150,000,000, to remain available
until expended: Provided, That funds appropriated under this heading
may be made available only pursuant to a determination by the President
that is in the national interest to furnish assistance on such terms
and conditions as he may determine, after consultation with Congress,
for the purpose of responding to such crises, including support for
peace and humanitarian intervention operations: Provided further, That
none of the funds appropriated under this heading shall be available to
respond to natural disasters: Provided further, That for funds
appropriated under this heading the President may make allocations to
Federal agencies, other than the Department of Defense, to carry out
the authorities provided under this heading: Provided further, That
funds appropriated by this paragraph shall be made available
notwithstanding section 10 of Public Law 91-672 and section 15 of the
State Department Basic Authorities Act of 1956: Provided further, That
the President may furnish assistance under this heading notwithstanding
any other provision of law: Provided further, That the previous proviso
shall not apply to section 553 of Public Law 108-7: Provided further,
That funds appropriated under this heading shall be subject to the
regular notification procedures of the Committees on Appropriations,
except that notifications shall be transmitted at least 5 days in
advance of the obligations of funds: Provided further, That the
requirements of the previous proviso may be waived if failure to do so
would pose a substantial risk to human health or welfare: Provided
further, That in case of any such waiver, notification to the
Committees on Appropriations shall be provided as early as practicable,
but in no event later than 3 days after taking the action to which such
notification requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such waiver shall contain an
explanation of the emergency circumstances.
INDEPENDENT AGENCIES
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $25,000,000, to remain available until September 30,
2004.
Andean Counterdrug Initiative
For an additional amount for the ``Andean Counterdrug Initiative'',
$34,0000,000, to remain available until September 30, 2004: Provided,
That of the funds appropriated under this heading that are made
available for Colombia, not less than $5,000,000 should be made
available for programs and activities to assist women and children who
have been displaced as a result of armed conflict.
United States Emergency Refugee and Migration Assistance Fund
For an additional amount for ``United States Emergency Refugee and
Migration Assistance Fund'', $75,000,000, to remain available until
expended, notwithstanding section 2(c)(2) of the Migration and Refugee
Assistance Act of 1962, as amended (22 U.S.C. 2601(c)(2)).
Nonproliferation, Anti-Terrorism, Demining and Related Programs
For an additional amount for ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', $28,000,000: Provided, That funds
appropriated by this paragraph shall be available notwithstanding
section 10 of Public Law 91-672 and section 15 of the State Department
Basic Authorities Act of 1956.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Foreign Military Financing Program
For an additional amount for ``Foreign Military Financing
Program'', $2,059,100,000: Provided, That funds appropriated by this
paragraph shall be available notwithstanding section 10 of Public Law
91-672 and section 15 of the State Department Basic Authorities Act of
1956: Provided further, That of the funds appropriated under this
heading, not less than $1,000,000,000 shall be made available for
assistance for Israel and not less than $406,000,000 shall be made
available for assistance for Jordan: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed within 30
days of the enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as
agreed by Israel and the United States, be available for advanced
weapons systems, of which not less than $263,000,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That funds
appropriated under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations, except
that notifications shall be transmitted at least 10 days in advance of
the obligation of funds.
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$150,000,000.
OTHER BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
iraq relief and reconstruction fund
(including transfers of funds)
For necessary expenses for humanitarian assistance in and around
Iraq and for rehabilitation and reconstruction in Iraq, $2,468,300,000,
including for the costs of: (1) feeding and food distribution; (2)
supporting relief efforts related to refugees, internally displaced
persons, and vulnerable individuals, including assistance for families
of innocent Iraqi civilians who suffer losses as a result of military
operations; (3) humanitarian demining; (4) healthcare; (5) water/
sanitation infrastructure; (6) education; (7) electricity; (8)
transportation; (9) telecommunications; (10) rule of law and
governance; (11) economic and financial policy; and (12) agriculture:
Provided, That these funds may be transferred to and made available for
any Federal Government activity, other than any Department of Defense
activity, for expenses to meet such costs: Provided further, That upon
a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That funds appropriated under this heading shall be used to
fully reimburse accounts administered by the Department of State and
the United States Agency for International Development, not otherwise
reimbursed from funds appropriated by this chapter, for obligations
incurred for the purposes provided under this heading prior to
enactment of this Act from funds appropriated for foreign operations,
export financing, and related programs: Provided further, That prior to
the initial transfer of funds made available under this heading to any
Agency or Department, the Secretary of State shall consult with the
Committees on Appropriations on plans for the use of the funds
appropriated under this heading that will be used for assistance for
Iraq: Provided further, That the United States may accept from any
person, foreign government, or international organization, and credit
to this Fund, any contribution of money for such purposes: Provided
further, That funds appropriated under this heading shall be available
notwithstanding any other provision of law, including section 10 of
Public Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956: Provided further, That the previous proviso
shall not apply to section 553 of Public Law 108-7: Provided further,
That funds appropriated under this heading shall be subject to the
regular notification procedures of the Committees on Appropriation,
except that notifications shall be transmitted at least 5 days in
advance of the obligations of funds.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 501. Any appropriation made available in this chapter under
the headings ``International Disaster Assistance'', ``United States
Emergency Refugee and Migration Assistance Fund'', ``Nonproliferation,
Anti-Terrorism, Demining and Related Programs'', ``Peacekeeping
Operations'', or ``Iraq Relief and Reconstruction Fund'' may be
transferred between such appropriations for use for any of the purposes
for which the funds in the such receiving account may be used:
Provided, That the total amount transferred from funds appropriated
under each of these headings shall not exceed $200,000,000: Provided
further, That the Secretary of State shall consult with the Committee
on Appropriations prior to exercising the authority contained in this
section: Provided further, That funds made available pursuant to the
authority of this section shall be subject to the regular notification
procedures of the Committees on Appropriations, except that
notification shall be transmitted at least 5 days in advance of the
obligations of funds.
Sec. 502. Assistance or other financing under this chapter may be
made available for assistance to Iraq notwithstanding any other
provision of law: Provided, That the authority contained in this
section shall not apply to section 553 of Public Law 108-7: Provided
further, That funds made available for assistance for Iraq pursuant to
this authority shall be subject to the regular notification procedures
of the Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961, except that notification shall be transmitted
at least 5 days in advance of the obligation of funds.
Sec. 503. The Iraq Sanctions Act of 1990 is hereby repealed:
Provided, That nothing in this section shall affect the applicability
of the Iran-Iraq Arms Non-Proliferation Act of 1992 (Public Law 102-
484), except as such Act applies to water purification items and other
humanitarian assistance for the Iraqi people: Provided further, That
the President may make inapplicable with respect to Iraq section 620A
of the Foreign Assistance Act of 1961, as amended, or other provision
of law that applies to countries that have supported terrorism:
Provided further, That section 307 of the Foreign Assistance of 1961,
as amended, shall not apply with respect to programs of international
organizations for Iraq: Provided further, That provisions of law that
direct the United States Government to vote against or oppose loans or
other uses of funds, including for financial or technical assistance,
in international financial institutions for Iraq should not be
construed as applying to Iraq.
Sec. 504. Notwithstanding any other provision of law, the President
may authorize the export to Iraq of any item subject to the Export
Administration Regulations, 15 CFR chapter VII, subchapter C, or
controlled under the International Trafficking in Arms Regulations on
the United States Munitions List established pursuant to section 38 of
the Arms Export Control Act, 22 U.S.C. 2778, if the President
determines that the export of such item is in the national interest of
the United States.
Sec. 505. Of the funds appropriated by this chapter under the
heading ``Economic Support Fund'', $10,000,000 should be made available
for investigations and research into allegations of war crimes, crimes
against humanity, or genocide committed by Saddam Hussein or other
Iraqis, and for the establishment of an international tribunal to bring
these individuals to justice: Provided, That 90 days after enactment of
this Act, the Secretary of State shall report to the Committees on
Appropriations on plans for the prosecution of these individuals,
including jurisdictional options.
Sec. 506. It is the Sense of the Senate that, to the maximum extent
practicable, contracts (including subcontracts) and grants for relief
and reconstruction in Iraq from funds appropriated under this chapter
should be awarded to United States companies (particularly small and
medium sized businesses) and organizations, to companies and
organizations located in the Near East region, and to those from
countries which have provided assistance to Operation Iraqi Freedom.
Sec. 507. It is the sense of the Senate that the reconstruction of
Iraq should be funded to the maximum extent practicable from revenues
produced by Iraqi oil and that the United States Government should work
with our allies, the future government of a free Iraq, and other
appropriate entities to establish the necessary framework for this
arrangement.
Sec. 508. Division E of Public Law 108-7, under the heading
``Assistance for the Independent States of the Former Soviet Union'',
is amended by inserting in subsection (f) before the period: ``:
Provided further, That such funds may be made available without regard
to the restriction in this subsection if the Secretary of State
determines that to do so is in the national security interest of the
United States''.
CHAPTER 6
DEPARTMENT OF HOMELAND SECURITY
Departmental Management
counterterrorism fund
For an additional amount for the ``Counterterrorism Fund,'' for
necessary expenses as determined by the Secretary of Homeland Security,
$1,135,000,000, to remain available until December 31, 2003, to
reimburse any Department of Homeland Security organization for the
costs of providing support to prevent, counter, investigate, respond
to, or prosecute unexpected threats or acts of terrorism: Provided,
That of the total amount appropriated, not to exceed $215,000,000 may
be transferred to any authorized Federal Government activity for
necessary expenses to detect, prepare for, protect against, or respond
to a potential terrorist attack: Provided further, That the Secretary
shall notify the Committees on Appropriations of the Senate and House
of Representatives 15 days prior to the obligation of any amount of
these funds.
Border and Transportation Security
office for domestic preparedness
For an additional amount for the ``Office for Domestic
Preparedness'', as authorized by Sections 403(5) and 430 of the
Homeland Security Act of 2002 (Public Law 107-296) and Section 1014 of
the USA PATRIOT ACT of 2001 (Public Law 107-56), for grants, contracts,
cooperative agreements, and other activities, including grants to
States for terrorism prevention activities, $2,000,000,000, to remain
available until expended: Provided, That of the total amount
appropriated, $1,420,000,000 shall be made available for grants to
states, and each state grant award shall ensure that at least 80
percent of the total amount of the grant shall be allocated to local
governments within 60 days of receipt of the funds: Provided further,
That of the total amount appropriated, $450,000,000 shall be made
available for grants to states for critical infrastructure protection,
and each grant award shall ensure that no less than one-third of the
total amount of the grant shall be allocated to local governments
within 60 days of receipt of the funds: Provided further, That of the
total amount appropriated, $100,000,000 shall be made available for
protection or preparedness of high-threat urban areas, as determined by
the Secretary of Homeland Security.
Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'' for the Coast
Guard in support of Department of Defense initiatives in relation to
Operation Iraqi Freedom and Operation Liberty Shield, $580,000,000, to
remain available until December 31, 2003: Provided, That the Secretary
shall notify the Committees on Appropriations of the Senate and House
of Representatives 15 days prior to obligation of any amount of these
funds.
CHAPTER 7
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
public health and social services emergency fund
For an additional amount for the ``Public Health and Social
Services Emergency Fund'', $35,000,000 for costs associated with
compensating individuals with injuries resulting from smallpox
vaccinations and countermeasures, to remain available until expended:
Provided, That such funds shall become available only upon the
enactment of legislation authorizing a smallpox vaccination
compensation program.
General Provision
repatriation
Sec. 701. Section 1113(d) of the Social Security Act (42 U.S.C.
1313(d)), is amended by striking ``1991'' and inserting ``2003''.
CHAPTER 8
LEGISLATIVE BRANCH
CAPITOL POLICE
General Expenses
For an additional amount for ``General expenses'', $38,165,000, to
remain available until expended.
OFFICE OF COMPLIANCE
Salaries and Expenses
For an additional amount for ``Salaries and expenses'', $111,000.
ARCHITECT OF THE CAPITOL
General Administration
For an additional amount for ``General administration'',
$18,672,000, which shall remain available until September 30, 2007.
Capitol Building
For an additional amount for ``Capitol building'', $1,100,000.
Capitol Power Plant
For an additional amount for ``Capitol power plant'', $14,600,000,
which shall remain available until September 30, 2007.
Capitol Police Buildings and Grounds
For an additional amount for ``Capitol police buildings and
grounds'', $40,140,000, to remain available until September 30, 2007.
LIBRARY OF CONGRESS
Salaries and Expenses
For an additional amount for ``Salaries and expenses'', $5,500,000
to remain available until September 30, 2007.
Congressional Research Service
salaries and expenses
For an additional amount for ``Salaries and expenses'', $1,863,000,
to remain available until September 30, 2007.
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and expenses'', $4,849,000.
CHAPTER 9
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Navy
For an additional amount for ``Military Construction, Navy'',
$48,100,000, to remain available until September 30, 2007.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$127,400,000, to remain available until September 30, 2007.
Family Housing Operation and Maintenance, Air Force
For an additional amount for ``Family Housing Operation and
Maintenance, Air Force'', $2,000,000, to remain available until
September 30, 2007.
GENERAL PROVISION, THIS CHAPTER
Sec. 901. (a) Up to $150,000,000 of the amounts made available to
the Department of Defense from funds appropriated in this Act may be
used to carry out military construction projects, not otherwise
authorized by law, that the Secretary of Defense certifies are
necessary to respond to or protect against acts or threatened acts of
terrorism or to prosecute operations in Iraq.
(b) Not later than 15 days before obligating amounts available
under subsection (a) for military construction projects referred to in
that subsection, the Secretary shall notify the appropriate committees
of Congress of the following:
(1) the determination to use such amounts for the project;
and
(2) the estimated cost of the project and the accompanying
Form 1391.
(c) In this section the term ``appropriate committees of Congress''
has the meaning given that term in section 2801(c)(4) of title 10,
United States Code.
CHAPTER 10
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized, $50,000,000, to
remain available until September 30, 2005: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended.
TITLE II--MISCELLANEOUS AND TECHNICAL CORRECTIONS
CHAPTER 1
Subcommittee on Agriculture, Rural Development, and Related Agencies
GENERAL PROVISIONS
(a) Section 756 in Division A of Public Law 108-7 is amended by
striking ``section 7404'' and inserting in lieu thereof ``section
7404(a)(1)''.
(b) Section 10806(b) of the Farm Security and Rural Investment Act
of 2002 (21 U.S.C. 321d(b)) is amended by adding at the end the
following:
``(3) Effective date.--This subsection and the amendment
made by this subsection take effect on May 13, 2003.''.
(c) Section 210 of the Agricultural Assistance Act of 2003,
``Assistance to Agricultural Producers Located in New Mexico for
Tebuthiuron Application Losses'', is amended in subsection (a)--
(1) by inserting ``all'' before ``losses'';
(2) by inserting after ``losses'' the following: ``to
crops, livestock, and trees, and interest and loss of income,
and related expenses'';
(3) by striking ``during calendar years 2002 and 2003'';
and
(4) by deleting ``August'' and inserting in lieu thereof
``July''.
(d)(1) Study on the Sale of Milk Into California.--Within 90 days,
the Secretary shall report to Congress on the economic impacts to
California dairy farmers from handlers or processors of Class I milk
products in the Las Vegas-Nevada-Arizona region selling milk or milk
products into the California State order.
(2) Exemption of Milk Handlers From Minimum Price Requirements.--
Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)),
reenacted with amendments by the Agricultural Marketing Agreement Act
of 1937 (as amended by subsection (a)), is amended by adding at the end
the following:
``(N) Exemption of milk handlers from minimum price
requirements.--Notwithstanding any other provision of
this subsection, prior to January 1, 2005, no handler
with distribution of Class I milk products in the
Arizona-Las Vegas marketing area (Order No. 131) or
Pacific Northwest marketing area (Order No. 124) shall
be exempt during any month from any minimum milk price
requirement established by the Secretary under this
subsection if the total distribution of Class I
products within the Arizona-Las Vegas marketing area or
the Pacific Northwest marketing area of any handler's
own farm production exceeds the lesser of--
``(i) 3 percent of the total quantity of
Class I products distributed in the Arizona-Las
Vegas marketing area (Order No. 131) or the
Pacific Northwest marketing area (Order No.
124); or
``(ii) 5,000,000 pounds.''.
(3) Exclusion of Clark County, Nevada From Federal Milk Marketing
Orders.--
(A) In general.--Section 8c(11)(C) the Agricultural
Adjustment Act (7 U.S.C. 608c(11)(C)), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937,
is amended by striking the last sentence and inserting the
following: ``In the case of milk and its products, Clark
County, Nevada shall not be within a marketing area defined in
any order issued under this section.''.
(B) Informal rulemaking.--The Secretary of Agriculture may
modify an order issued under section 8c of the Agricultural
Adjustment Act (7 U.S.C. 608c), reenacted with amendments by
the Agricultural Marketing Agreement Act of 1937, to implement
the amendment made by paragraph (1) by promulgating
regulations, without regard to sections 556 and 557 of title 5,
United States Code.
CHAPTER 2
Subcommittee on Commerce, Justice, and State, the Judiciary, and
Related Agencies
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for satellite programs, $106,060,000, to remain
available until September 30, 2004: Provided, That funds provided under
this heading for the National Polar-orbiting Operational Environmental
Satellite System shall only be made available on a dollar for dollar
matching basis with funds provided for the same purpose by the
Department of Defense: Provided further, That of the amount provided
under this heading, $2,460,000 shall be transferred to, and merged
with, funds provided under the heading ``International Fisheries
Commissions'' of Division B of Public Law 108-7 and shall only be
available for the Pacific Salmon Commission: Provided further, That of
the amount provided under this heading, $1,000,000 shall be transferred
to, and merged with, funds provided under the heading ``International
Fisheries Commissions'' of Division B of Public Law 108-7 and shall
only be available for the Great Lakes Fishery Commission, of which
$500,000 shall be used for sea lamprey control in Lake Champlain.
RELATED AGENCIES
Equal Employment Opportunity Commission
salaries and expenses
For an additional amount for ``Equal Employment Opportunity
Commission, Salaries and Expenses'', $23,300,000, of which $5,000,000
shall remain available until September 30, 2004.
National Commission on Terrorist Attacks Upon the United States
salaries and expenses
For an additional amount for ``National Commission on Terrorist
Attacks Upon the United States, Salaries and Expenses'', $11,000,000,
to remain available until September 30, 2004.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 2001. (a) Of the funds made available in Title I of Division B
of Public Law 108-7, under the heading ``Juvenile Justice Programs'',
for Family Ties Supervised Visitation Services in Wakefield, Rhode
Island, $100,000 are rescinded.
(b) For an additional amount in Title I of Division B of Public Law
108-7, under the heading ``Juvenile Justice Programs'', $529,000, which
shall only be available for law enforcement costs related to the
Station nightclub fire on February 20, 2003, to remain available until
December 31, 2003.
Sec. 2002. Not later than 60 days after the date of the enactment
of this Act, the Secretary of State and the Attorney General shall
jointly report to the Committee on Appropriations on the feasibility of
providing access to State and local law enforcement agencies to the
database of the Department of State on potential terrorists known as
the ``Tipoff'' database including the process by which classified
information shall be secured from unauthorized disclosure.
CHAPTER 3
Subcommittee on District of Columbia
DISTRICT OF COLUMBIA FUNDS
Governmental Direction and Support
(including rescissions)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003 (Public Law 108-7), $9,358,000 are
rescinded (including $9,261,000 from local funds and $97,000 from other
funds).
Economic Development and Regulation
For an additional amount for ``Economic Development and
Regulation'', $14,998,000 (including $288,000 from local funds and
$14,710,000 from other funds).
Public Safety and Justice
For an additional amount for ``Public Safety and Justice'' (Public
Law 108-7), $10,422,000 from local funds.
Public Education System
(including rescissions)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003 (Public Law 108-7), $11,667,000 are
rescinded (including a rescission of $13,778,000 from local funds and
an additional amount of $2,111,000 from other funds), to be allocated
as follows:
(1) District of columbia public schools.--An increase of
$2,029,000 (including a rescission of $29,000 from local funds
and an additional amount of $2,058,000 from other funds);
(2) State education office.--A rescission of $181,000 from
local funds;
(3) Public charter schools.--Notwithstanding any other
provision of law, a rescission of $12,000,000 from local funds:
Provided, That of these funds, not less than $3,000,000 shall
be used for providing adequate charter school facilities and
educational programming in public charter schools in the
District of Columbia;
(4) University of the district of columbia.--A rescission
of $1,040,000 from local funds;
(5) District of columbia public libraries.--A rescission of
$221,000 (including a rescission of $273,000 from local funds
and an additional amount of $53,000 from other funds); and
(6) Commission on the arts and humanities.--A rescission of
$255,000 from local funds.
Human Support Services
(including rescissions)
For an additional amount for ``Human Support Services'',
$28,278,000 (including an additional amount of $32,312,000 from local
funds and a rescission of $4,034,000 from other funds appropriated
under this heading in the District of Columbia Appropriations Act, 2003
(Public Law 108-7).
In addition, this heading in the District of Columbia
Appropriations Act, 2003, approved February 20, 2003 (Public Law 108-
7), is amended as follows:
(1) by striking the following proviso, ``Provided further,
That $3,209,000 of this appropriation, to remain available
until expended, shall be deposited in the Interim Disability
Assistance Fund to be used exclusively for the Interim
Disability Assistance program established by section 201 of the
District of Columbia Public Assistance Act of 1982, effective
April 6, 1982 (D.C. Law 4-101; D.C. Official Code, sec. 4-
202.01), and the purposes for that program set forth in section
407 of the District of Columbia Public Assistance Act of 1982,
effective April 3, 2001 (D.C. Law 13-252; D.C. Official Code,
sec. 4-204.07):'', and
(2) by amending the following proviso, ``: Provided
further, That $37,500,000 in local funds, to remain available
until expended, shall be deposited in the Medicaid and Special
Education Reform Fund.'' to read as follows ``: Provided
further, That $74,500,000 in local funds may be deposited in
the Medicaid and Special Education Reform Fund and shall then
remain available until expended.''.
Public Works
(including rescissions)
For an additional amount for ``Public Works'', $3,107,000
(including a rescission of $8,311,000 from local funds appropriated
under this heading in the District of Columbia Appropriations Act, 2003
(Public Law 108-7), and an additional amount of $11,418,000 from other
funds): Provided, That $512,000 from other funds shall remain available
until expended for the taxicab revolving loan fund.
Repayment of Loans and Interest
(including rescissions)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003 (Public Law 108-7), $2,466,000 are
rescinded.
Non-Departmental
(including rescissions)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003 (Public Law 108-7), $5,799,000 are
rescinded.
Workforce Investments
(including rescissions)
Of the funds appropriated under this heading in the District of
Columbia Appropriations Act, 2003 (Public Law 108-7), $2,000,000 are
rescinded.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 3001. Use of the Fund Balance. (a) The District of Columbia is
hereby authorized to transfer an amount not to exceed $32,900,000, to
remain available until expended, from funds identified in the fiscal
year 2002 comprehensive annual financial report as the District of
Columbia's fund balance to the local general fund to cover the impact
of revenue shortfalls associated with the war economy: Provided, That
nothing in this provision shall be deemed as granting the District
additional authority to expend funds from the emergency or contingency
reserves established under section 450A of the District of Columbia
Home Rule Act (Public Law 93-198; D.C. Official Code, sec. 1-
204.50a(b)).
Sec. 3002. Extension of Chief Financial Officer's Authority. The
authority which the Chief Financial Officer of the District of Columbia
exercised with respect to personnel, procurement, and the preparation
of fiscal impact statements during a control period (as defined in
Public Law 104-8) shall remain in effect through September 30, 2004.
CHAPTER 4
Subcommittee on Interior and Related Agencies
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
state and tribal wildlife grants
Division F of Public Law 108-7 is hereby amended under the heading
``United States Fish and Wildlife Service, State and Tribal Wildlife
Grants'' by striking ``3,000,000'' and inserting ``5,000,000''.
National Park Service
operation of the national park system
Division F of Public Law 108-7 is hereby amended under the heading
``National Park Service, Operation of the National Park System'' by
striking ``$1,565,565,000'' and inserting ``1,574,565,000''.
Bureau of Indian Affairs
construction
Within thirty days of enactment of this Act, the Secretary of the
Interior shall make available for obligation funds previously
appropriated in Public Law 107-63 for construction of the Ojibwa Indian
School.
RELATED AGENCY
General Provision
Section 328 of Division F, Public Law 108-7 is amended by striking
the phrase ``under the authority of Section 504 of the Rescissions Act
of 1995 (Public Law 104-19)'' in the proviso.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of the Interior shall provide a report to the Committees
on Energy and Natural Resources and Appropriations of the Senate and
the Committees on Resources and Appropriations of the House of
Representatives detailing the Secretary's intent regarding the direct
sale of 983 acres in Clark County, Nevada, known as Lake Las Vegas
Phase II.
CHAPTER 5
Subcommittee on Labor, Health and Human Services, and Education, and
Related Agencies
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for the Employment and Training
Administration, ``Training and Employment Services'' to carry out
activities authorized under section 171(b) of the Workforce Investment
Act, $1,000,000: Provided, That such sum shall be for the Jobs for
America's Graduates (JAG) school-to-work program for at-risk young
people.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
The matter under the heading ``Department of Health and Human
Services, Health Resources and Services Administration, Health
Resources and Services'', in Public Law 108-7 is amended--
(1) by striking ``Heart Beat, New Bloomfield, PA,'' and
inserting ``Heart Beat, Millerstown, PA,'' in lieu thereof;
(2) by striking ``Tressler Lutheran Services, Harrisburg,
PA, for abstinence education and related services'' and
inserting ``DIAKON Lutheran Social Ministries, Allentown, PA,
for abstinence education and related services in Cumberland and
Dauphin counties'' in lieu thereof;
(3) by striking ``Community Ministries of the Lutheran Home
at Topton, Reading, PA, for abstinence education and related
services'' and inserting ``DIAKON Lutheran Social Ministries of
Allentown, PA, for abstinence education and related services in
Berks county'' in lieu thereof;
(4) by striking ``$298,153,000'' and inserting
``$296,638,000'' in the first proviso; and
(5) by inserting after ``a study regarding delivery of
pediatric health care in northeastern Oklahoma,'' ``$225,000 is
available for the Mental Health Association of Tarrant County,
Ft. Worth, Texas to provide school-based mental health
education to schools in Tarrant County, $200,000 is available
for the AIDS Research Institute at the University of
California, San Francisco for a Developing Country Medical
Program to facilitate clinician exchange between the United
States and developing countries, $1,000,000 is available for
the Geisinger Health System, Harrisburg, PA to establish
centers of excellence for the treatment of autism''.
Office of the Secretary
public health and social services emergency fund
The matter under the heading ``Office of the Secretary, Public
Health and Social Services Emergency Fund'', in Public Law 108-7 is
amended by striking ``, to remain available until expended'' after the
``$5,000,000''.
GENERAL PROVISION
international health activities
(a) In addition to the authority provided in section 215 of the
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2003 (Public Law 108-7, Division
G), in order for the Centers for Disease Control and Prevention to
carry out international health activities, including HIV/AIDS and other
infectious disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2003, the Secretary of Health and
Human Services may exercise authority equivalent to that available to
the Secretary of State in section 2(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2669(c)).
(b) The Secretary of Health and Human Services shall consult with
the Secretary of State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a manner consistent
with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)
and other applicable statutes administered by the Department of State.
DEPARTMENT OF EDUCATION
school improvement programs
The matter under the heading ``Department of Education, School
Improvement Programs'', in Public Law 108-7 is amended--
(1) by striking ``$8,052,957,000'' and inserting
``$8,053,507,000'';
(2) by striking ``$508,100,000'' and inserting
``$537,100,000'';
(3) by striking ``$4,132,167,000'' and inserting
``$4,233,167,000'';
(4) by striking ``$814,660,000'' and inserting
``$815,210,000''; and,
(5) by striking ``$212,160,000'' and inserting
``$212,710,000''.
In the statement of the managers of the committee of conference
accompanying H.J. Res. 2 (Public Law 108-7; House Report 108-10), in
the matter in title III of Division G, relating to the Fund for the
Improvement of Education under the heading ``School Improvement
Programs''--
(1) the provision specifying $150,000 for Illinois State
Board of Education, Springfield, Illinois, for computers,
hardware and software for the implementation of Fast ForWord
reading program to the Pleasant Plains Community Unit District
#8 and Pleasant Plain Illinois District #18 shall be deemed to
read as follows: ``Illinois State Board of Education,
Springfield, Illinois, for implementation of Fast ForWord
reading program to the Pleasant Plains Community Unit District
#8 and for improving mathematics achievement in Peoria School
District #150 and Jacksonville School District #117,
$150,000'';
(2) the provision specifying $2,000,000 for Pinellas County
Florida School District, St. Petersburg, Florida, for
technology for Title I schools shall be deemed to read as
follows: ``St. Petersburg College, St. Petersburg, Florida, for
the Pinellas County EpiCenter, $2,000,000'';
(3) the provision specifying $500,000 for the St. Louis
Children's Museum, MO, for a collaborative project with the St.
Louis Public Library to create interactive exhibits and
educational programs shall be deleted;
(4) the provision specifying $200,000 for the Harford
County Board of Education in Aberdeen, MD, for a collaboration
between a science and technology high school and the Aberdeen
Proving Ground shall be deemed to read as follows: ``Harford
County Board of Education in Aberdeen, MD, for a collaboration
between a science and technology high school and the Aberdeen
Proving Ground, $700,000'';
(5) the provision specifying $25,000 for the Boys and Girls
Club of El Dorado, Arkansas, for drug prevention and after
school programs shall be deemed to read as follows: ``Boys and
Girls Club, Southeast Unit, El Dorado, Arkansas, for drug
prevention and after school programs, $25,000'';
(6) the provision specifying $100,000 for the American
Academy of Liberal Education, Washington, D.C., to develop
projects and survey best practices in the study of American
democracy and principles of free government at colleges and
universities shall be deleted;
(7) the provision specifying $400,000 for the Milwaukee
Public Schools, Wisconsin, to expand before- and after-school
programs shall be deemed to read: ``Milwaukee Public Schools,
WI, for before- and after-school programs, $400,000'';
(8) the provision specifying $200,000 for Tensas Reunion,
Inc., Newellton, LA, for instructional technology training, and
after school programs at the Tensas Charter School shall be
deemed to read: ``Tensas Reunion, Inc., Newellton, LA, for the
TREES Project in Tensas Parish, including activities such as
the purchase of computers and educational software, tutoring,
and workshops to promote parental involvement, $200,000'';
(9) the provision specifying $250,000 for Community School
District 8, Flushing, NY, for after-school programs shall be
deemed to read: ``Community School District 8, Bronx, NY, for
after-school programs, $250,000'';
(10) the provision specifying $20,000 for Westside High
School, Bakersfield, California, for equipment shall be deemed
to read: ``West High School, Bakersfield, California, for
equipment, $20,000'';
(11) the provision specifying $1,000,000 for the National
Science Center Foundation, Atlanta, Georgia, for educational
technology and other purposes shall be deemed to read:
``National Science Center Foundation, Augusta, Georgia, for
educational technology and other purposes, $1,000,000'';
(12) the provision specifying $200,000 for the Golden Gate
National Parks Association, San Francisco, CA, for
environmental education programs at the Crissy Field Center
shall be deemed to read: ``Golden Gate National Parks
Conservancy, San Francisco, CA, for environmental education
programs at the Crissy Field Center, $200,000'' and a provision
shall be added that reads: ``Beresford Community Education in
Beresford, SD to expand community education programs,
$150,000'';
(13) the provision specifying $100,000 for the University
of South Florida, Tampa, FL, for the Tampa Bay Consortium for
the Development of Educational Leaders and the Preparation and
Recruitment of Teachers shall be deemed to read: ``University
of South Florida, Tampa, FL, for the Tampa Bay Consortium for
the Development of Educational Leaders, $100,000'';
(14) the provision specifying $25,000 for the Meredith-Dunn
Learning Disabilities Center, Inc., Louisville, Kentucky for
technology shall be deemed to read as follows: ``Meredith-Dunn
Learning Disabilities Center, Inc., Louisville, Kentucky for
school counseling services, $25,000'';
(15) the provision specifying $40,000 for the Father
Maloney's Boys Haven, Louisville, Kentucky for technology shall
be deemed to read as follows: ``Father Maloney's Boys Haven,
Louisville, Kentucky for an educational program, $40,000'';
(16) the provision specifying $50,000 for the Joel II
Restoration Ministries for education programs shall be deemed
to read as follows: ``Joel II Restoration Outreach, Inc. for
education programs, $50,000''; and
(17) the provision specifying $1,500,000 for the City of
Upland, California, for after school programs shall be deemed
to read as follows: ``YMCA of the City of Upland, California,
for after-school activities, $1,500,000''.
higher education
The matter under the heading ``Higher Education'', in Public Law
108-7 is amended--
(1) by striking ``$2,100,701,000'' and inserting
``$2,100,151,000''; and,
(2) by striking ``$140,599,000'' and inserting
``$140,049,000''.
In the statement of the managers of the committee of conference
accompanying H.J. Res. 2 (Public Law 108-7; House Report 108-10), in
the matter in title III of Division G, relating to the Fund for the
Improvement of Postsecondary Education under the heading ``Higher
Education''--
(1) the second reference to the provision specifying
$1,000,000 for the University of Massachusetts-Boston to
purchase research equipment and technology infrastructure shall
be deleted;
(2) the provision specifying $500,000 for Harford County
Public Schools, Bel Air, MD, for support of a math and science
magnet school program at Aberdeen High School shall be deleted
and a provision shall be added that reads: ``American Academy
of Liberal Education, Washington, D.C., to develop projects and
survey best practices in the study of American democracy and
principles of free government at colleges and universities,
$100,000'';
(3) the provision specifying $100,000 for Slippery Rock
University, Slippery Rock, PA, for Knowledge Pointe at
Cranberry Woods, as part of an initiative to provide life-long
educational services to Pittsburgh's regional industry and
community residents shall be deemed to read as follows:
``Regional Learning Alliance, Marshall Township in Allegheny
County, PA, as part of an initiative to provide life-long
educational services to Pittsburgh's regional industry and
community residents, $200,000'';
(4) the provision specifying $150,000 for Beresford
Community Education in Beresford, SD to expand community
education programs shall be deleted;
(5) the provision specifying $100,000 for Slippery Rock
University, Slippery Rock, Pennsylvania, for the North Hill
Educational Alliance shall be deleted; and
(6) the provision specifying $250,000 to the National
Aviary Conservation Education Technology Integration in
Pittsburgh shall be deemed to read as follows: ``National
Aviary Conservation Education Technology Integration in
Pittsburgh, for the Remote Audio-Visual Engagement Network
(RAVEN) project, $250,000''.
DEPARTMENT OF EDUCATION
General Provision
Section 1707(3) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6537(3)) is amended by striking ``17'' and inserting
``19''.
RELATED AGENCIES
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
The matter under the heading ``Corporation for National and
Community Service, Domestic Volunteer Service Programs, Operating
Expenses'', in Public Law 108-7 is amended by inserting ``for
activities authorized by section 122 of Part C of Title I and Part E of
Title II of the Domestic Volunteer Service Act of 1973'' after ``in
this Act''.
CHAPTER 6
Subcommittee on Legislative Branch
CAPITOL POLICE
Transfer of Library of Congress Police. Section 1015(a)(3) of the
Legislative Branch Appropriations Act, 2003, is amended by inserting
``, or, if earlier, on February 20, 2005'' before the period.
CHAPTER 7
Subcommittee on Transportation, Treasury and General Government
DEPARTMENT OF TRANSPORTATION
(a) Section 336 of Division I of Public Law 108-7 is amended by
striking ``transportation management'' and inserting in lieu thereof
``urbanized''.
(b) Section 321 of Division I of Public Law 108-7 is amended by--
(1) inserting ``or underneath'' in subsection (q)(2) before
``the Class B airspace'';
(2) deleting ``has sufficient capacity and'' in subsection
(q)(3) after ``Title 49''; and
(3) inserting ``passenger'' in subsection (q)(3) before
``delays''.
CHAPTER 8
Subcommittee on Veterans Affairs and Housing and Urban Development and
Independent Agencies
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Development Fund
The referenced statements of managers under the heading ``Community
development fund'' in title II of Public Law 108-7 under grant No. 26
under the Neighborhoods Initiative program is amended by striking
``Glendale, Montana'' and inserting in lieu thereof ``Gendive,
Montana''.
The referenced statements of managers under the heading ``Community
development fund'' in title II of Public Law 106-377 is amended by
striking ``$200,000 for Light of Life Ministries in Allegheny County,
Pennsylvania for infrastructure improvements at the Serenity Village
homeless programs'' and inserting in lieu thereof ``$200,000 for Light
of Life Ministries in Allegheny County, Pennsylvania for renovation and
infrastructure improvements for a homeless service center on Penn
Avenue in Pittsburgh''.
Management and Administration
salaries and expenses
Under the heading ``Salaries and expenses'' in title II of Public
Law 108-7, strike out in the eighth proviso ``and all other statutes
and regulations related to the obligation and expenditure of funds made
available in this, or any other Act'' and strike out in the eleventh
proviso ``and all other statutes and regulations governing the
obligation and expenditure of funds made available in this or any other
Act''.
INDEPENDENT AGENCIES
Corporation for National and Community Service
national and community service programs operating expenses
To liquidate obligations previously incurred by the Corporation for
National and Community Service (``Corporation''), up to $64,000,000 is
provided to the National Service Trust: Provided, That the Corporation
may use these funds only to liquidate the deficiency that it has
already incurred and that these funds are not available for obligation,
or to liquidate obligations, for any other purpose whatsoever: Provided
further, That the Corporation may not use these funds unless and until
it reports these overobligations to the Congress and the President in
accordance with the requirements of the Antideficiency Act and the
guidance of the Office of Management and Budget in OMB Circular A-11
(2002): Provided further, That the second proviso under the heading
``Corporation for National and Community Service'' in Public Law 108-7
is deemed to be amended by inserting after ``section 501(a)(4)'' the
following: ``with not less than $2,500,000 for the Office of the Chief
Financial Officer to enact financial reform in the Corporation, without
regard to the provisions of section 501(a)(4)(B) of the Act''.
TITLE III--COLUMBIA ORBITER MEMORIAL ACT
SECTION 301. SHORT TITLE.
This title may be cited as the ``Columbia Orbiter Memorial Act''.
SEC. 302. CONSTRUCTION OF MEMORIAL TO CREW OF COLUMBIA ORBITER AT
ARLINGTON NATIONAL CEMETERY.
(a) Construction Required.--The Secretary of the Army shall, in
consultation with the Administrator of the National Aeronautics and
Space Administration, construct at an appropriate place in Arlington
National Cemetery, Virginia, a memorial marker honoring the seven
members of the crew of the Columbia Orbiter who died on February 1,
2003, over the State of Texas during the landing of space shuttle
mission STS-107.
(b) Availability of Funds.--Of the amount appropriated or otherwise
made available by title II of the Department of Defense Appropriations
Act, 2003 (Public Law 107-248) under the heading ``Operation and
Maintenance, Army'', $500,000 shall be available for the construction
of the memorial marker required by subsection (a).
SEC. 303. DONATIONS FOR MEMORIAL FOR CREW OF COLUMBIA ORBITER.
(a) Authority To Accept Donations.--The Administrator of the
National Aeronautics and Space Administration may accept gifts and
donations of services, money, and property (including personal,
tangible, or intangible property) for the purpose of an appropriate
memorial or monument to the seven members of the crew of the Columbia
Orbiter who died on February 1, 2003, over the State of Texas during
the landing of space shuttle mission STS-107, whether such memorial or
monument is constructed by the Administrator or is the memorial marker
required by section 302.
(b) Transfer.--(1) The Administrator may transfer to the Secretary
of the Army any services, money, or property accepted by the
Administrator under subsection (a) for the purpose of the construction
of the memorial marker required by section 302.
(2) Any moneys transferred to the Secretary under paragraph (1)
shall be merged with amounts in the account referred to in subsection
(b) of section 302, and shall be available for the purpose referred to
in that subsection.
(c) Expiration of Authority.--The authority of the Administrator to
accept gifts and donations under subsection (a) shall expire five years
after the date of the enactment of this Act.
TITLE IV--AVIATION INDUSTRY RELIEF PROVISIONS
SEC. 401. TEMPORARY SUSPENSION OF SECURITY SERVICE FEES.
The Undersecretary of Homeland Security for Border and
Transportation Security shall not impose the fees authorized by section
44940(a) of title 49, United States Code, during the period beginning
on April 1, 2003, and ending on September 30, 2003.
SEC. 402. REIMBURSEMENT OF AIRLINES FOR CERTAIN INCREASED SECURITY
COSTS.
There are appropriated to the Secretary of Transportation for
fiscal year 2003 $1,000,000,000, such sums to remain available until
expended, $600,000,000 of which shall be used to reimburse each air
carrier engaged in air transportation and intrastate air transportation
of passengers for compensation (as such terms are used in subtitle VII
of title 49, United States Code) for the amount by which the costs
incurred by such air carrier during calendar year 2002 in complying
with aviation security requirements imposed by Federal law, including
requirements imposed by the Transportation Security Administration,
exceeded the aviation security costs the carrier would have incurred
during that year in the absence of those requirements, and $400,000,000
of which shall be used to reimburse each such air carrier for the
amount by which the costs incurred by the air carrier during calendar
year 2003 exceeded the aviation security costs the carrier would have
incurred during that year in the absence of those requirements, such
costs to be determined by studies conducted by the air carriers in
accordance with guidelines to be developed, within 30 days after the
date of enactment of this Act, by the Undersecretary of Homeland
Security for Border and Transportation Security in consultation with
the Secretary of Transportation, describing in detail, by function,
amount, and class (including operating expenses, capital expenditures,
and one time and recurring costs), the costs for which reimbursement is
sought: Provided, That the Inspector General of the Department of
Transportation certifies the guidelines as being appropriate to
determine such costs: Provided further, That the Inspector General
certifies as complete and accurate all claims submitted by an air
carrier for reimbursement under this section, and: Provided further,
That if the sum of the costs to be reimbursed to all such air carriers
for 2002 exceeds $600,000,000, the amount of the reimbursement to each
such carrier shall be an amount that bears the same ratio to
$600,000,000 as the reimbursable cost of that carrier bears to the sum
of the reimbursable costs of all such carriers for that year, and if
the sum of the costs to be reimbursed to all such air carriers for 2003
exceeds $400,000,000, the amount of the reimbursement to each such
carrier shall be an amount that bears the same ratio to $400,000,000 as
the reimbursable cost of that carrier bears to the sum of the
reimbursable costs of all such carriers for that year.
SEC. 403. ADDITIONAL AMOUNT FOR COCKPIT DOOR REIMBURSEMENT.
In addition to amounts appropriated under the preceding section,
there are appropriated to the Secretary of Transportation $100,000,000,
to remain available until expended, to compensate air carriers for the
direct costs associated with the strengthening of flight deck doors and
locks on aircraft required by section 104(a)(1)(B) of the Aviation and
Transportation Security Act.
SEC. 404. AIRPORT SECURITY EXPENSES AND INVESTMENT.
There are appropriated to the Secretary of Transportation
$375,000,000, to remain available until expended, to be made available,
after consultation with the Secretary of Homeland Security, to airports
for operating expenses and capital investment related to improvements
in aviation security: Provided, That the amounts made available for
capital expenses shall be made available to airport sponsors, as such
term is used in chapter 471 of title 49, United States Code, on such
terms and conditions, and pursuant to such applications, similar to the
terms, conditions, and applications applicable to amounts made
available under that chapter.
SEC. 405. EXTENSION OF WAR RISK INSURANCE AUTHORITY.
(a) Extension of Policies.--Section 44302(f)(1) of title 49, United
States Code, is amended by striking ``2003,'' each place it appears and
inserting ``2004,''.
(b) Extension of Liability Limitation.--Section 44303(b) of such
title is amended by striking ``2003,'' and inserting ``2004,''.
(c) Extension of Authority.--Section 44310 of such title is amended
by striking ``2003.'' and inserting ``2004.''.
SEC. 406. LIMIT ON EXECUTIVE COMPENSATION REQUIRED FOR EXTENDED WAR
RISK INSURANCE COVERAGE.
(a) In General.--Notwithstanding any provision of law to the
contrary, the Secretary of Transportation may not provide insurance or
reinsurance under chapter 443 of title 49, United States Code, after
August 31, 2003, and before January 1, 2005, to an air carrier
operating aircraft for the transportation of passengers for
compensation unless that air carrier executes a contract with the
Secretary under which the air carrier agrees that--
(1) it will not provide total compensation during the 12-
month period beginning on April 1, 2003, or the subsequent 12-
month period, to an executive officer in an amount equal to
more than the annual salary paid to that officer during the air
carrier's fiscal year 2002; and
(2) if the air carrier violates its agreement under
paragraph (1), it will pay to the Secretary of the Treasury,
within 60 days after the date on which the violation occurs, an
amount, determined by the Secretary of Transportation, equal to
the difference between--
(A) the amount it paid for insurance provided or
reinsured under chapter 443 of such title for the 12-
month period in which the violation occurred; and
(B) the amount it would have paid for the same or
similar insurance coverage for that period if the
insurance had not been provided or reinsured under that
chapter.
(b) Executive Officers Employed for Less Than 12 Months in Fiscal
Year 2002 or Whose Employment Commenced After Fiscal Year 2002.--For
the purpose of applying subsection (a)(1) to an executive officer--
(1) who was employed by an air carrier for less than 12
months during the air carrier's fiscal year 2002, or whose
employment began after the last day of the last fiscal year of
such air carrier ending before the date of enactment of this
Act--
(A) the salary paid to that executive officer in
that air carrier's fiscal year 2002, or in the next
fiscal year of that air carrier (if such next fiscal
year began before the date of enactment of this Act),
respectively, shall be determined as an annual rate of
pay;
(B) that annual rate of pay shall be treated as if
it were the annual salary paid to that executive
officer during that air carrier's fiscal year 2002; and
(C) that executive officer shall be deemed to have
been employed during that fiscal year; and
(2) whose employment begins after the date of enactment of
this Act--
(A) the annual salary at which that executive
officer is first employed by an air carrier may not
exceed the maximum salary paid to any executive officer
by that air carrier during that air carrier's fiscal
year 2002 with the same or similar responsibilities;
(B) that salary shall be treated as if it were the
annual salary paid to the executive officer during that
air carrier's fiscal year 2002; and
(C) the executive officer shall be deemed to have
been employed by that air carrier during that air
carrier's fiscal year 2002.
(c) Audit Authority.--The Comptroller General, or any of the
Comptroller General's duly authorized representatives, shall have
access for the purpose of audit and examination to any books, accounts,
documents, papers, and records of such air carriers that relate to the
information required to implement subsection (a). The Comptroller
General shall transmit a report of any investigation conducted under
this subsection to the Senate Committee on Appropriations, the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Appropriations, and the House of
Representatives Committee on Transportation and Infrastructure,
together with a certification as to whether the Comptroller General has
had access to sufficient information to make informed judgments on the
matters covered by the report.
(d) Definitions.--In this section:
(1) Executive officer.--The term ``executive officer''
means a named executive officer (as that term is used in
section 402(a)(3) of Regulation S-K promulgated by the
Securities and Exchange Commission under the Securities
Exchange Act of 1934 (17 C.F.R. 229.402(a)(3))).
(2) Total compensation.--The term ``total compensation''
has the meaning given that term by section 104(b) of the Air
Transportation Safety and System Stabilization Act (49 U.S.C.
40101 note), but does not include amounts paid, under a
contract, retirement plan, or other legally binding arrangement
in effect on March 26, 2003, to an executive officer on account
of that executive's retirement or termination of employment.
SEC. 407. GAO REPORT ON AIRLINES ACTIONS TO IMPROVE FINANCES AND ON
EXECUTIVE COMPENSATION.
(a) Finding.--The Congress finds that the United States government
has by law provided substantial financial assistance to United States
commercial airlines in the form of war risk insurance and reinsurance
and other economic benefits and has imposed substantial economic and
regulatory burdens on those airlines. In order to determine the
economic viability of the domestic commercial airline industry and to
evaluate the need for additional measures or the modification of
existing laws, the Congress needs more frequent information and
independently verified information about the financial condition of
these airlines.
(b) Semiannual Reports.--The Comptroller General shall prepare a
semiannual report to the Congress--
(1) analyzing measures being taken by air carriers engaged
in air transportation and intrastate air transportation (as
such terms are used in subtitle VII of title 49, United States
Code) to reduce costs and to improve their earnings and profits
and balance sheets; and
(2) stating--
(A) the total compensation (as defined in section
104(b) of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note)) paid by the
air carrier to each officer or employee of that air
carrier to whom that section applies for the period to
which the report relates; and
(B) the terms and value (determined on the basis of
the closing price of the stock on the last business day
of the period to which the report relates) of any stock
options awarded to such officer during that period.
(c) GAO Authority.--In order to compile the reports required by
subsection (b), the Comptroller General, or any of the Comptroller
General's duly authorized representatives, shall have access for the
purpose of audit and examination to any books, accounts, documents,
papers, and records of such air carriers that relate to the information
required to compile the reports. The Comptroller General shall submit
with each such report a certification as to whether the Comptroller
General has had access to sufficient information to make informed
judgments on the matters covered by the report.
(d) Reports to Congress.--The Comptroller General shall transmit
the compilation of reports required by subsection (c) to Senate
Committee on Appropriations, the Senate Committee on Commerce, Science,
and Transportation, the House of Representatives Committee on
Appropriations, and the House of Representatives Committee on
Transportation and Infrastructure.
SEC. 408. AIR CARRIERS TO SUBMIT OPERATIONAL EXPENSE REDUCTION PLANS.
(a) In General.--Each air carrier that receives financial
assistance under this Act shall transmit a plan to the Comptroller
General within 90 days after the date of enactment of this Act that, if
implemented, will reduce that air carrier's annual operating expenses
by an amount equal to the greater of--
(1) 10 percent of that carrier's annual operating expenses
determined as of June 15, 2002; or
(2) the amount of financial assistance that air carrier has
received or will receive under this Act.
(b) Operating Expenses.--In determining annual operating expenses
for purposes of this section, an air carrier shall compute operating
expenses attributable to fuel on the basis of the average price of such
fuel for June 15, 2002.
SEC. 409. ADDITIONAL TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION FOR
DISPLACED AIRLINE RELATED WORKERS.
(a) Definitions.--For purposes of this section--
(1) the term ``eligible individual'' means an individual
whose eligibility for temporary extended unemployment
compensation under the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21), as
amended by Public Law 108-1 (117 Stat. 3), is or would be based
on the exhaustion of regular compensation, entitlement to which
was based in whole or in part on qualifying employment
performed during such individual's base period;
(2) the term ``qualifying employment'', with respect to an
eligible individual, means employment--
(A) with an air carrier, employment at a facility
at an airport, that involves the provision of
transportation to or from an airport, or with an
upstream producer or supplier for an air carrier; and
(B) as determined by the Secretary, separation from
which was due, in whole or in part, to--
(i) reductions in service by an air carrier
as a result of a terrorist action or security
measure;
(ii) a closure of an airport in the United
States as a result of a terrorist action or
security measure; or
(iii) a military conflict with Iraq that
has been authorized by Congress;
(3) the term ``air carrier'' means an air carrier that
holds a certificate issued under chapter 411 of title 49,
United States Code;
(4) the term ``upstream producer'' means a firm that
performs additional, value-added, production processes,
including firms that perform final assembly, finishing, or
packaging of articles, for another firm;
(5) the term ``supplier'' means a firm that produces
component parts for, or articles and contract services
considered to be a part of the production process or services
for, another firm;
(6) the term ``Secretary'' means the Secretary of Labor;
and
(7) the term ``terrorist action or security measure'' means
a terrorist attack on the United States on September 11, 2001,
or a security measure taken in response to such attack.
(b) Additional Temporary Extended Unemployment Compensation for
Eligible Employees.--In the case of an eligible employee, the Temporary
Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116
Stat. 21), as amended by Public Law 108-1 (117 Stat. 3), shall be
applied as if it had been amended in accordance with subsection (c).
(c) Modifications.--
(1) In general.--For purposes of subsection (b), the
Temporary Extended Unemployment Compensation Act of 2002
(Public Law 107-147; 116 Stat. 21), as amended by Public Law
108-1 (117 Stat. 3), shall be treated as if it had been amended
as provided in this subsection.
(2) Program extension.--Deem section 208 of the Temporary
Extended Unemployment Compensation Act of 2002, as amended by
Public Law 108-1 (117 Stat. 3), to be amended to read as
follows:
``SEC. 208. APPLICABILITY.
``(a) In General.--Subject to subsection (b), an agreement entered
into under this title shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending before December 29, 2003.
``(b) Transition for Amount Remaining in Account.--
``(1) In general.--Subject to paragraph (2), in the case of
an individual who has amounts remaining in an account
established under section 203 as of December 28, 2003,
temporary extended unemployment compensation shall continue to
be payable to such individual from such amounts for any week
beginning after such date for which the individual meets the
eligibility requirements of this title, including such
compensation payable by reason of amounts deposited in such
account after such date pursuant to the application of
subsection (c) of such section.
``(2) Limitation.--No compensation shall be payable by
reason of paragraph (1) for any week beginning after December
26, 2004.''.
(3) Additional weeks of benefits.--Deem section 203 of the
Temporary Extended Unemployment Compensation Act of 2002, as
amended by Public Law 108-1 (117 Stat. 3), to be amended--
(A) in subsection (b)(1)--
(i) in subparagraph (A), by striking ``50''
and inserting ``150''; and
(ii) by striking ``13'' and inserting
``39''; and
(B) in subsection (c)(1), by inserting ``\1/3\ of''
after ``equal to''.
(4) Effective date of modifications described in paragraph
(3).--
(A) In general.--The amendments described in
paragraph (3)--
(i) shall be deemed to have taken effect as
if included in the enactment of the Temporary
Extended Unemployment Compensation Act of 2002;
but
(ii) shall be treated as applying only with
respect to weeks of unemployment beginning on
or after the date of enactment this Act,
subject to subparagraph (B).
(B) Special rules.--In the case of an eligible
individual for whom a temporary extended unemployment
account was established before the date of enactment of
this Act, the Temporary Extended Unemployment
Compensation Act of 2002 (as amended by this section)
shall be applied subject to the following:
(i) Any amounts deposited in the
individual's temporary extended unemployment
compensation account by reason of section
203(c) of such Act (commonly known as ``TEUC-X
amounts'') before the date of enactment of this
Act shall be treated as amounts deposited by
reason of section 203(b) of such Act (commonly
known as ``TEUC amounts''), as deemed to have
been amended by paragraph (3)(A).
(ii) For purposes of determining whether
the individual is eligible for any TEUC-X
amounts under such Act, as deemed to be amended
by this subsection--
(I) any determination made under
section 203(c) of such Act before the
application of the amendment described
in paragraph (3)(B) shall be
disregarded; and
(II) any such determination shall
instead be made by applying section
203(c) of such Act, as deemed to be
amended by paragraph (3)(B)--
(aa) as of the time that
all amounts established in such
account in accordance with
section 203(b) of such Act (as
deemed to be amended under this
subsection, and including any
amounts described in clause
(i)) are in fact exhausted,
except that
(bb) if such individual's
account was both augmented by
and exhausted of all TEUC-X
amounts before the date of
enactment of this Act, such
determination shall be made as
if exhaustion (as described in
section 203(c)(1) of such Act)
had not occurred until such
date of enactment.
This Act may be cited as the ``Supplemental Appropriations Act to
Support Department of Defense Operations in Iraq for Fiscal Year
2003''.
Calendar No. 59
108th CONGRESS
1st Session
S. 762
[Report No. 108-33]
_______________________________________________________________________
A BILL
Making supplemental appropriations to support Department of Defense
operations in Iraq, Department of Homeland Security, and Related
Efforts for the fiscal year ending September 30, 2003, and for other
purposes.
_______________________________________________________________________
April 1, 2003
Read twice and placed on the calendar