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Placed on Calendar Senate (04/01/2003)

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing 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

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