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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     108-55

======================================================================



 
  MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING 
               SEPTEMBER 30, 2003, AND FOR OTHER PURPOSES

                                _______
                                

 April 2, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Young of Florida, from the Committee on Appropriations, submitted 
                             the following

                              R E P O R T

                           CONFERENCE REPORT

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1559]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making emergency 
wartime supplemental appropriations for the fiscal year ending 
September 30, 2003, and for other purposes.

            Honoring the Men and Women of the Armed Services

    The Committee would like to recognize the men and women who 
are serving in our military operations today for their 
outstanding commitment and valor. The sacrifices they are 
enduring, the skill at which they are carrying out their 
duties, and the courage they continuously display, are a source 
of tremendous pride to all Americans.

                            Bill Highlights

    The bill recommended by the Committee provides total 
discretionary supplemental appropriations of $77,936,328,000 
for fiscal year 2003. These funds are needed to meet emergency 
wartime funding requirements. Specifically, the bill includes:
            A total of $62,409,500,000 for the 
        Department of Defense;
            $7,389,400,000 for international 
        assistance, including $2,483,300,000 for an Iraq relief 
        and reconstruction fund; $2,342,000,000 for the 
        economic support fund; and $2,059,100,000 for the 
        foreign military financing program;
            $3,521,100,000 for the Department of 
        Homeland Security, including $2,200,000,000 for first 
        responders, of which $700,000,000 is for high-threat, 
        high-density urban areas; $428,000,000 is for customs 
        and borders protection; $390,000,000 for Transportation 
        Security Administration; and $230,000,000 for the Coast 
        Guard (in addition to up to $400,000,000 provided 
        through the Department of Defense);
            $3,178,300,000 for payments to air 
        carriers;
            $398,862,000 for the Federal Bureau of 
        Investigation;
            $319,000,000 for food aid;
            $274,128,000 for diplomatic and consular 
        programs and embassy security activities; and
            $165,000,000 for public health and social 
        service emergency fund and related activities.
    The Committee recommendation largely mirrors the budget 
request submitted by the Administration. However, in lieu of 
establishing large ``funds'' to pay the expenses of the war and 
security enhancements as requested by the President for which 
little supporting detail or justification was provided to 
Congress, the bill allocates most of the funding to specific 
military, foreign operations, and homeland security accounts, 
programs and activities. This allocation is based on 
information obtained from the Administration through the 
Committee's oversight hearings and independent analysis. The 
Congressional notification and accountability provisions mirror 
precedents and procedures from the 1991 Desert Storm 
supplemental. The Administration is give the needed flexibility 
to allocate funds based on a dynamic combat environment and 
Congress is given sufficient accountability over the 
expenditures of taxpayer's dollars.

                  TITLE I--WAR-RELATED APPROPRIATIONS


                               CHAPTER 1


                       DEPARTMENT OF AGRICULTURE


                     Public Law 480 Title II Grants

    The Committee provides an additional $250,000,000, to 
remain available until expended, for Public Law 480 Title II 
Grants. This will allow the restoration of funds to food aid 
programs as a result of prioritizing food aid funds to respond 
to the conflict in Iraq. In addition, these funds are available 
for previously approved Title II food aid programs in such 
countries as Bangladesh, Uganda, Malawi, Haiti, Mozambique, 
Ghana, Kenya, Bolivia, Guatemala, Peru and parts of Ethiopia.

                    Bill Emerson Humanitarian Trust

    The Committee provides the authority for the Secretary of 
Agriculture to replenish the Bill Emerson Humanitarian Trust 
pursuant to the release of March 20, 2003. In addition, the 
Committee recommends language to prohibit monetization of 
stocks to purchase different commodities for humanitarian aid 
to Iraq. The Congressional Budget Office estimates the cost for 
this replenishment with this prohibition to be $69,000,000 for 
fiscal year 2003. Nothing in this law shall be construed to 
prevent authorized commodities from being purchased to 
replenish the Bill Emerson Humanitarian Trust.

                               CHAPTER 2


                         DEPARTMENT OF JUSTICE


                         GENERAL ADMINISTRATION


                         Salaries and Expenses

    The Committee recommends $5,000,000 for the Office of 
Intelligence Policy and Professional Responsibility for 
increased operational support to the Federal Bureau of 
Investigation, primarily through the application of warrants 
under the Foreign Intelligence Surveillance Act. Of the amount 
provided, $2,000,000 is for additional personnel costs, and 
$3,000,000 is for information technology enhancements.
    In the aftermath of September 11, the Congress has provided 
significant additional resources and broad new legal 
authorities to the FBI. Additional resources for oversight are 
required to ensure the continued effectiveness and efficiency 
of the FBI's counterterrorism and law enforcement efforts. The 
Committee directs the Attorney General to submit a proposal to 
the Committee no later than 30 days from enactment of this Act 
detailing a coordinated and transparent oversight plan for the 
FBI. The Committee is aware that the FBI's Ombudsman provides 
confidential and impartial assistance to FBI employees who are 
experiencing difficult workplace problems. It is the 
Committee's expectation that the Attorney General's proposal 
will include expanded responsibilities and resources for the 
Ombudsman to work with the Office of Inspector General, the 
Office of Intelligence Policy and Professional Responsibility, 
and the Office of Inspection to provide such oversight.

                         Counterterrorism Fund

    The Committee recommendation includes $100,274,000 for the 
Counterterrorism Fund. This amount includes $50,000,000 in new 
direct appropriations, and $50,274,000 in unobligated balances 
currently available in the Fund. The Counterterrorism Fund was 
established in 1995 after the bombing of the Alfred P. Murrah 
Building in Oklahoma City, and is under control and direction 
of the Attorney General. These funds may be used to reimburse 
any Department of Justice organization for the costs incurred 
from the reestablishment of an office or facility damaged or 
destroyed as a result of a domestic or international terrorist 
incident, and to cover extraordinary expenses necessary to 
counter, investigate, or prosecute domestic or international 
terrorism activities. The recommendation includes language 
requiring the Attorney General to notify the Committees on 
Appropriations in accordance with section 605 of Division B of 
Public Law 108-7 prior to obligation of any funds from this 
account.

                           Detention Trustee

    The Committee recommends $15,000,000 for the detention of 
prisoners in the custody of the U.S. Marshals Service. The 
Committee understands that there has been a 16 percent increase 
in contract jail days in the first five months of fiscal year 
2003 compared to the same time period of fiscal year 2002.

                      Office of Inspector General

    The Committee recommends $2,500,000 for the Office of 
Inspector General to provide additional oversight to expanded 
Department authorities and activities, including oversight 
related to the implementation of the USA PATRIOT Act.

                            Legal Activities


         Salaries and Expenses, United States Marshals Service

    The Committee recommends $26,080,000 for the Marshals 
Service for the protection of the judicial process. The 
recommendation includes the following: $14,446,000 to be 
allocated to the those districts with the highest priority 
needs for the protection of the judicial process; $4,434,000 
for increased security associated with high threat trials 
including the protection of jurors and witness; $2,200,000 to 
upgrade secure communications capabilities; and $5,000,000 to 
address information technology deficiencies in the Marshals 
Service network capacity and security. The Committee directs 
that funds provided for information technology be used, in 
consultation with the Department's Chief Information Officer, 
to provide immediate enhancements to the capabilities of the 
Marshals Service booking, warrant and prisoner tracking 
automatedsystems. In addition, these funds should be used to 
address the security concerns outlined in the Inspector General report 
03-03.

                    FEDERAL BUREAU OF INVESTIGATION


                         Salaries and Expenses

    To respond to immediate and ongoing needs associated with 
preventing terrorist attacks, the Committee recommendation 
includes a total of $490,862,000 for the Federal Bureau of 
Investigation (FBI). This amount includes $398,862,000 in new 
direct appropriations and $92,000,000 in balances currently 
available from Public Law 107-117. The Committee recommendation 
provides the resources required for the FBI to collect and 
analyze information, and to respond to terrorist threats. The 
Committee recommendation includes $11,573,000 for 
counterterrorism program management, $12,529,000 to hire 
additional counterintelligence analysts and reports officers, 
and $46,612,000 to hire counterterrorism field investigators. 
The Committee urges the FBI to hire the additional agents, 
analysts and support personnel as expeditiously as possible to 
meet challenges associated with the continuing terrorist 
threats.
    The Committee recommendation also includes $10,953,000 for 
counterterrorism field support and lead management needs; 
$33,217,000 for response capabilities; $5,575,000 for forensic 
services; and $70,000,000 for operational field expenses. Of 
the funds recommended for operational field expenses, 
$50,000,000 shall be from unobligated balances available from 
Public Law 107-117.
    The recommendation also includes $13,380,000 for language 
translation needs; $27,732,000 for surveillance support; 
$10,000,000 for tactical operations; $3,506,000 for the 
National Security Law Unit, which provides legal advice on 
national security investigations; and $10,545,000 to support 
the efforts of the Foreign Terrorist Tracking Task Force, which 
works to prevent foreign terrorists from entering the country. 
To support the ongoing successful efforts of the Joint 
Terrorism Task Forces, the Committee recommends $12,154,000 for 
secure voice conferencing capabilities.
    For information technology needs, the Committee recommends 
$79,722,000, including $54,000,000 for information technology 
upgrades and information sharing activities, $5,000,000 for the 
Gateway information sharing project, and $20,722,000 for 
document exploitation. The Committee directs the FBI to use 
$42,000,000 in unobligated balances from Public Law 107-117 to 
develop needed redundancies. The FBI is directed to consult 
with the Committee regarding these requirements. To address 
cybercrime threats, the Committee recommends $51,892,000 for 
equipment, software, and Computer Analysis Response Team 
activities. The Department of Justice Chief Information Officer 
shall certify to the Committee that these investments are 
coordinated with other ongoing information technology 
enhancements underway throughout the Department.
    Finally, the Committee recommends $33,410,000 for 
additional physical security needs, $8,000,000 for costs 
associated with background investigations, and $8,062,000 for 
bioterrorism risk assessments. The Committee directs the 
Attorney General and the FBI to submit a proposal to this 
Committee no later than 60 days from enactment of this Act to 
recoup the costs of conducting bioterrorism risk assessments 
and other background checks mandated in the wake of the 
terrorist attacks.

                             THE JUDICIARY


                   SUPREME COURT OF THE UNITED STATES


                         Salaries and Expenses

    The Committee recommends $1,535,000 for the Supreme Court 
for the following security enhancements: $386,000 for police 
pay increase to maintain pay parity with the Capitol Police; 
$1,013,000 for additional Supreme Court police officers; and 
$136,000 for police equipment and training needs.

         UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


                         Salaries and Expenses

    The Committee recommends $973,000 for the Court of Appeals 
for the Federal Circuit for additional court security officers 
to address the Court's security requirements.

               UNITED STATES COURT OF INTERNATIONAL TRADE


                         Salaries and Expenses

    The Committee recommends $50,000 for the United States 
Court of International Trade for a security system upgrade.

                 DEPARTMENT OF STATE AND RELATED AGENCY


                          DEPARTMENT OF STATE


                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

    The Committee recommends $106,420,000 for costs related to 
evacuations, emergency response, increased security, and 
opening a mission in Iraq. The recommendation includes 
$35,000,000 for requirements related to the provision of 
consular services; $30,619,000 for worldwide emergency response 
costs; $35,801,000 for costs associated with the re-
establishment of a diplomatic mission in Iraq; and $5,000,000 
for public diplomacy surge activities in Iraq and throughout 
the Middle East.
    The recommendation for worldwide emergency response 
includes $15,619,000 for medical and vaccination services, and 
$10,000,000 for increased security measures at United States 
diplomatic missions worldwide, and $5,000,000 for operational 
costs of emergency task force activities of the Office of the 
Secretary, including emergency communications requirements. The 
amount recommended for re-establishing a diplomatic mission in Iraq 
includes $17,862,000 for post operations and $17,939,000 for diplomatic 
security.
    The Committee recommendation will allow the Department to 
intensify public diplomacy activities in the Middle East, 
including the establishment of an Information Center in the 
Gulf region. The Committee expects the Department to engage the 
creative talents of the private sector to the maximum extent 
possible to develop new public diplomacy approaches and 
initiatives. In this regard, the Committee expects the 
Department to establish an advisory group on public diplomacy 
for the Arab and Muslim world to recommend new approaches, 
initiatives and program models to improve public diplomacy 
program results. This advisory group should include individuals 
with extensive expertise in public diplomacy, media, public 
relations, and the region. The advisory group shall submit its 
recommendations to the Committee on Appropriations no later 
than 90 days after the enactment of this Act.

            Embassy Security, Construction, and Maintenance

    The Committee recommends $71,500,000 for the costs of 
establishing an interim diplomatic facility in Iraq. This 
funding will allow the Department to acquire, secure, and 
renovate facilities, as necessary, to provide functional 
temporary facilities in Iraq. The Committee expects the 
Department to submit to the Committee, as soon as possible, a 
plan for a permanent facility in Iraq. The proposed plan should 
adhere to right-sizing principles and rigorous security 
standards.

           Emergencies in the Diplomatic and Consular Service

    The Committee recommends $65,708,000 under this heading for 
costs associated with evacuating United States Government 
employees, their families, and private American citizens as a 
result of the conflict with Iraq.

                             RELATED AGENCY


                    BROADCASTING BOARD OF GOVERNORS


                 International Broadcasting Operations

    The Committee recommends $30,500,000 to expand broadcasting 
efforts to the Middle East. Of the amount provided, $26,000,000 
is for start-up costs to initiate a Middle East Television 
Network; and $4,500,000 is for increased radio programming to 
Iraq. The Committee urges the Broadcasting Board of Governors 
to engage the creative talents of the private sector to the 
maximum extent possible in developing high-quality Arabic 
language entertainment and news programming.

                    GENERAL PROVISIONS--THIS CHAPTER

    The Committee recommendation includes language waiving 
provisions of existing legislation that require authorizations 
to be in place prior to the expenditure of any appropriated 
funds.

                               CHAPTER 3


                    DEPARTMENT OF DEFENSE--MILITARY


                              Introduction

    In his supplemental budget request, the President requested 
$62,409,500,000 for programs and activities funded through 
defense appropriations acts. According to the justifications 
submitted by the Office of Management and Budget as well as the 
Department of Defense, these funds are required at this time in 
order to--
          Reimburse the Department of Defense and other 
        agencies for costs already incurred as a result of 
        preparatory activity and other actions associated with 
        operations in and around Iraq (which has since been 
        named ``Operation Iraqi Freedom''), as well as a 
        portion of those costs associated with ongoing military 
        operations in and around Afghanistan, the global war on 
        terrorism generally, and related activities, including 
        the Department of Defense's involvement in homeland 
        security; and
          Provide, to the extent such ongoing and prospective 
        requirements may be estimated at this time, the 
        additional appropriations required for the remainder of 
        fiscal year 2003 to support further military operations 
        in and around Iraq (to include combat costs, post-
        combat stability operations, and force reconstitution 
        requirements, as well as other potential needs).
    Following receipt of the President's request on March 25, 
2003, the Subcommittee on Defense held a series of private 
briefings with senior DoD and Administration officials, and 
also sought background information from the Office of the 
Secretary of Defense, the military services and defense 
agencies, and the intelligence community. In addition, on March 
27, 2003, the Subcommittee held an open hearing with the 
Secretary of Defense, the Deputy Secretary of Defense, the 
Chairman, Joint Chiefs of Staff, and other senior civilian and 
military officials. The purpose of this hearing was to review 
the requirements for the supplemental funding requested by the 
President, as well as the rationale behind the specific 
proposals made by the President on behalf of the Department of 
Defense and other agencies affected by the supplemental 
request. In that hearing, the Department's witnesses agreed 
with Members of the Committee that all parties have an interest 
in providing the requisite amount of flexibility to the 
President, the Secretary of Defense, the Director of Central 
Intelligence, the military services, and the combatant 
commanders, to deal with a dynamic and fluid situation. The 
participants also expressed their views that Congress too has 
its prerogatives--and that both Congress and the Executive must 
be committed to providing both fiscal accountability and 
oversight, while providing enough flexibilityto manage the 
exigencies of current and prospective military operations.

                          Supplemental Request

    The request of $62,409,500,000 included funding for six 
discrete activities, in either traditional appropriations 
accounts or general provisions, totaling $2,546,300,000. 
Further, the President proposed funding the remainder--
$59,863,200,000--through one central transfer account, the 
Defense Emergency Response Fund (DERF). That amount includes 
nearly all of the funding requested for military operations, 
intelligence activities, equipment replacement, and personnel 
support. More specifically, within the DERF the 
Administration's justification material provided the following 
breakouts, by broad category:
          $15,634,700,000 for personnel and personnel support;
          $37,760,300,000 for military operations support;
          $4,750,200,000 for procurement, and research, 
        development, test, and evaluation; and
          $1,717,000,000 for classified purposes.
    The Defense Emergency Response Fund has been used by the 
Department of Defense to allocate appropriations to the 
military services in its various responses to the September 
11th attacks, broadly defined as the global war on terrorism 
and other homeland defense activities. Given the evolving 
nature of the program and funding requirements associated with 
these operations during the latter part of 2001 and through 
2002, the flexible character and broad authority of the DERF 
account arguably made it a useful vehicle for meeting the 
military services' financial needs in a reasonable and timely 
manner.
    The Committee, however, has previously expressed its 
concern that, owing to its very flexibility, appropriations 
made to the DERF pose considerable challenges to both the 
Congress and the DoD's financial planners, as well as senior 
field managers at all levels. The ability to make and then 
execute discrete fiscal plans, aided by a time-honored and 
largely specifics-oriented appropriations process is largely 
undermined through use of the DERF. And while the Department is 
to be commended for having attempted, under difficult 
circumstances, to provide ``after-the-fact'' execution data to 
the Congress, there should be no question that use of the DERF 
was only assented to by the Committee in the immediate post 
``9-11'' period owing to the wide scope, and dynamism, of 
activities to be addressed during that time. The Committee 
remains concerned that continued use of the DERF--especially at 
the level sought by the Administration in this instance--
creates an unwieldy, financial behemoth that frustrates both 
Congressional and Departmental oversight.
    Moreover, the Committee believes that a need for 
flexibility at this time does not obviate the need for Congress 
to be fully involved in both establishing the terms and 
conditions under which appropriated funds are to be used, while 
also setting up a collaborative framework for continued 
oversight of funding. The Committee believes that any such 
framework must hold both the executive branch and the 
legislative branch accountable for funding decisions, as well 
as proper execution of those decisions following the enactment 
of appropriations bills and other legislation.
    In light of these concerns, following submission of the 
supplemental request, the Committee requested, and has been 
provided, information from the DoD and affected agencies which 
has allowed the Committee to gain more insights into the 
precise activities, and likely funding allocations, for nearly 
all of the so-called ``sunk costs'' relating to these 
operations.
    In addition, the Committee has closely reviewed the recent 
history of Congressional action in providing supplemental 
appropriations for major, large-scale military operations. One 
such instance, and one which the Committee believes offers a 
useful guide for both Congress and the Executive at this time, 
is the series of appropriations bills enacted during the 1990-
1992 timeframe in connection with the Persian Gulf War, also 
referred to as Operations Desert Shield and Desert Storm. That 
process also involved Presidential requests for broad 
authorities in the allocation of funds. What emerged--then, as 
now, while in the midst of continued combat operations--was an 
appropriations framework and structure that provided the 
President and the Secretary of Defense some degree of 
flexibility in dealing with unknown and unpredictable costs, 
but also ensured that Congress would establish specific 
parameters in terms of both appropriations allocations and 
notification requirements.

                       Committee Recommendations

    The Committee recommends total new appropriations of 
$62,409,500,000, the total amount requested by the President. 
In so doing, it also recommends establishing a new account--the 
``Operation Iraqi Freedom Response Fund''--that balances both 
the need for flexibility to address uncertainty as well as 
accountability to the Congress and the American taxpayer. 
Similar to the accounting structure established for the Persian 
Gulf War in the early 1990's, the Operation Iraqi Freedom 
Response Fund allocates funds to traditional Defense Department 
accounts for military personnel pay, operation and maintenance, 
and so on, to specifically address costs already incurred and 
clearly anticipated by the Department.
    The following table summarizes, by appropriations account 
or general provision, the Committee's recommendations compared 
to the President's request.

                                            [In thousands of dollars]
Budget request:                                               Committee recommendation:
    Operation and Maintenance, Defense-Wide....   $1,400,000    Operation and Maintenance,             1,400,000
                                                                 Defense-Wide.
    Defense Emergency Response Fund............   59,863,200    Operation Iraqi Freedom Response      59,682,500
                                                                 Fund.
                                                              To be derived by transfer, as
                                                               follows:
                                                                Military Personnel..............    (12,094,500)
                                                                Operation and Maintenance.......    (20,735,700)
                                                                Procurement.....................     (1,314,400)
                                                                Research, Development, Test and        (101,500)
                                                                 Evaluation.
                                                                Combat, Stability Operations,       (25,436,400)
                                                                 and Force Reconstitution Costs.
    Defense Working Capital Fund (fuel costs)..      430,000    Defense Working Capital Fund           1,100,000
                                                                 (fuel costs).
    Drug Interdiction and Counter-Drug                34,000    Drug Interdiction and Counter-            34,000
     Activities, Defense.                                        Drug Activities, Defense.
    Natural Resources Risk Remediation Fund....      489,300    Natural Resources Risk                     (\1\)
                                                                 Remediation Fund.
    General Provision: Reimburse O&M; for             165,000    Reimburse O&M; for Drawdowns.....         165,000
     Drawdowns.
    General Provision: Defense Cooperation            28,000    Defense Cooperation Account.....          28,000
     Account.
                                                ----------------------------------------------------------------
      Total....................................   62,409,500    ................................     62,409,500

\1\ May receive transfers not to exceed $489,300.

    As indicated above, the Committee recommends 
$59,682,500,000 in new budget authority be appropriated to the 
Operation Iraqi Freedom Response Fund. The Committee bill then 
provides, by transfer, an allocation of funds in this new 
account to a number of appropriation accounts, as opposed to 
the approach of unallocated funding in a general transfer 
account as proposed in the budget submission. This method 
assures faster distribution of critical funding to the military 
services to cover costs already incurred while enhancing 
accountability for the use of funds.
    Of this total amount, $34,246,100,000 has been allocated to 
address the estimated, specific costs already incurred to 
prepare for military operations to disarm Iraq and for certain 
costs already incurred for Operations Noble Eagle and Enduring 
Freedom (respectively, Defense homeland defense activities, and 
the operations in Afghanistan and the global war on terrorism). 
Funds also are provided for reconstitution of equipment used in 
those operations, regional coalition support, theater 
enhancements to infrastructure, and communications. The 
Committee notes that within the Operation Iraqi Freedom 
Response Fund, the bill specifically allocates $12,094,000,000 
for military pay and related costs, an increase of 
approximately $1.7 billion over preliminary estimates provided 
the Committee by the Office of the Secretary of Defense. This 
level is more in line with estimates provided by the military 
services, and also, is intended to provide ahedge against the 
uncertainty over possible manpower-related funding requirements facing 
the services throughout the rest of this fiscal year.
    By broad category, the funding levels addressed through the 
Operation Iraqi Freedom Response Fund are as follows:

                        [In thousands of dollars]

Personnel and Personnel Support.........................     $17,446,000
Transportation..........................................       7,100,000
Preparatory Tasks.......................................       2,548,200
Inventory Consumed......................................       1,872,500
Operating Support.......................................       3,928,000
Theater Enhancements and Special Support Costs..........         712,700
ONE and OEF Reconstitution..............................         522,100
Additional Costs of Operations and Humanitarian Asst....         116,600

    In addition, to address the Department's need for financial 
flexibility, this new fund also includes an additional 
allocation of $25,436,400,000 to a ``Combat, Stability 
Operations, and Force Reconstitution Costs'' account to cover 
costs that will become more clearly defined as the war effort 
progresses to its ultimate conclusion. The Department would be 
required to notify the Committee seven days prior to obligating 
funds from this more flexibly designed, and less designated 
account.
    In summary, the Committee believes that establishing the 
Operation Iraqi Freedom Response Fund provides adequate 
flexibility to the Department to meet evolving financial 
requirements yet preserves a level of fiscal accountability not 
inherent in the Defense Emergency Response Fund.

                    Other Items of Committee Concern


                     Guard and Reserve Compensation

    In the aftermath of the terrorist attacks on America, there 
has been a dramatic increase in both military personnel 
deployment and operations tempo. This includes a sustained 
period during which large numbers of Reservists have been 
mobilized--many of whom have deployed overseas--and many others 
being called to active duty for extended periods well in excess 
of that contemplated when the ``Total Force'' policy of the 
post-Vietnam era was conceived and implemented.
    On March 27, 2003, the Committee received testimony on the 
President's fiscal year 2003 Supplemental request to fund 
Operation Iraqi Freedom. In response to questions concerning 
potential losses of pay and health care benefits by Guard and 
Reserve troops mobilized on active duty compared to levels of 
salary and benefits provided by their civilian employers, the 
Secretary of Defense responded as follows:
    ``The Guard and Reserves are volunteers. They are people 
who made a conscious decision that that's something they want 
to do. And what we have to do is manage their pay, their health 
care, the frequency with which they're called up, in a way that 
we are able to continue to attract and retain the number of 
people we need.
    And I worry a little bit about isolating out a single 
aspect of compensation or circumstance for the Guard and 
Reserve just as I do for active service. But it's the totality 
of their circumstance that determines the extent to which we 
are or are not successful in attracting and retaining them. And 
that mix is something that needs to be looked at together as 
opposed to pulling one piece out and worrying about it.''
    The Committee commends the Secretary for his statement and, 
as such, believes that more comprehensive study of the effects 
of current mobilization policies on the Guard and Reserve is 
warranted. Items of concern include the effects of lengthy 
mobilization periods and repeated call-ups; ensuring access to 
compensation and benefits while under mobilization; and the 
outlook for Guard and Reserve recruitment and retention. In 
addition, the Committee encourages the Department to continue 
its efforts to ensure Guard and Reserve members and their 
dependents are fully aware of the entitlements and benefits due 
them, how to access them, and any eligibility requirements 
associated with them.
    The Committee directs the Secretary of Defense to provide a 
report, not later than 60 days after enactment of this Act, 
which describes how the Department intends to address these 
issues, including milestones for a comprehensive study of Guard 
and Reserve benefits.

                United States Special Operations Command

    The Committee has provided funds throughout this bill, 
consistent with the amounts requested by the President, for 
Special Operations forces to conduct military operations 
associated with Iraq, Operation Enduring Freedom and other 
activities in the global war on terrorism. In keeping with 
those allocations, the Committee recommendation provides over 
$1.2 billion to the Special Operations Command, to support its 
current operations and near-term requirements, which all agree 
constitute a series of difficult and challenging missions.

                          Salute to the Forces

    The Committee notes that among the members of the Armed 
Forces serving in Operation Iraqi Freedom are a number of 
service members from the Commonwealth of Puerto Rico, Guam, the 
U.S. Virgin Islands and American Samoa, and extends its thanks 
and commendations to those service members.

                         New Start Notification

    The Committee directs that established new start 
notification procedures apply to funds provided in this bill. 
Accordingly, the Committee has included bill language 
prohibiting initiation of new start programs without prior 
congressional notification.

                Appropriate Use of Funds for Acquisition

    The President's request is intended to address funding 
requirements associated with military operations in Iraq and 
the global war on terrorism (GWOT). The Committee believes that 
funds intended for acquisition should only be used for items or 
capabilities that can be operationally fielded in the near 
term. Accordingly, the Committee provides the following 
direction for Research, Development, Test and Evaluation and 
Procurement funds:
    1. Items or capabilities that can be operationally fielded 
in less than 12 months (from the date of obligation) require no 
additional notification other than that required for all 
transfers out of the Operation Iraqi Freedom Response Fund.
    2. Items or capabilities requiring greater than 12 months 
(from the date of obligation) to operationally field require 
submission of a prior approval reprogramming.
    3. Under no circumstances may funds in this bill be used to 
acquire any item or capability that requires greater than 4 
years to operationally field. These items are properly 
addressed as part of the normal annual budgeting process. The 
Committee has included bill language prohibiting such 
acquisitions. The Committee believes that 4 years provides 
adequate time to deliver the munitions, aircraft, and other 
assets required to replenish military inventories.
    The Committee believes that this direction provides the 
Department of Defense and the Intelligence Community with 
appropriate flexibility to acquire quick reaction capabilities 
while ensuring reasonable congressional oversight over longer 
term acquisitions. The direction provided above does not apply 
to acquisition programs specifically named and funded in either 
the bill or report.

                 Items Specifically Denied by Congress

    The Committee directs that none of the funds in this bill 
may be used to finance activities specifically denied by 
Congress in this bill, or in previous fiscal year 2003 
appropriations Acts without submission of a prior approval 
reprogramming to the congressional defense committees.

                         Special Interest Items

    Items for which additional funds have been provided as 
shown in project tables or items identified in the paragraphs 
using the phrase ``only for'' or ``only to'' in this report are 
congressional interest items for the purposes of reprogramming. 
These items remain special interest items whether or not they 
are repeated in a subsequent conference report or Statement.

                          Classified Programs

    Recommended adjustments to classified programs are 
addressed in a classified annex accompanying this report.

                       OPERATION AND MAINTENANCE


                OPERATION AND MAINTENANCE, DEFENSE-WIDE

    The Committee is recommending $1,400,000,000, as requested 
by the President, for ``Operation and Maintenance, Defense-
Wide'' for payments to Pakistan, Jordan, and other key 
cooperating nations for logistical and military-related support 
provided, or to be provided, to United States military 
operations in connection with military action in Iraq and the 
global war on terrorism. Such funds shall be available in such 
amounts as the Secretary of Defense, with concurrence of the 
Secretary of State and in consultation with the Director of the 
Officeof Management and Budget, may determine, in his 
discretion, and such determination is final and conclusive upon the 
accounting officers of the United States.
    In exercising its oversight role in the use of these funds, 
the Committee is recommending language providing for 
notifications in writing at least 7 days prior to the 
obligation of funds for payments to Pakistan, Jordan, or other 
key cooperating nations. In addition, language is recommended 
that provides, that beginning not later than June 30, 2003 and 
ending on September 30, 2004, the Secretary of Defense shall 
submit quarterly reports to the Committees on Appropriations of 
the House and Senate on the uses of these funds. In addition a 
financial plan is required not later than 30 days following 
enactment of this Act. Both the financial plan and the 
quarterly reports should include a description of the support 
provided by the applicable nation, as well as the process by 
which expenses are verified.
    The Committee is concerned that the Department of Defense 
has, in the past, not provided adequate notice and information 
regarding the proposed obligation of funds for these purposes. 
Therefore, the Committee is recommending language that returns 
to the Treasury all unobligated funds appropriated for this 
purpose, should the Department fail to provide the financial 
plan in a timely manner.
    In addition, unless expressly provided for in an 
appropriations Act enacted after the date of enactment of this 
Act, and notwithstanding any other provision of law, no funds 
other than the additional amounts provided herein shall be made 
available, for any payments intended to fulfill the purposes 
specified in this paragraph and similar reimbursement 
authorities in Public Law 107-117 and within the ``Operation 
and Maintenance, Defense-Wide'' appropriation account enacted 
in Public Law 107-206.

                 OPERATION IRAQI FREEDOM RESPONSE FUND

    The Committee recommends an appropriation of 
$59,682,500,000 for a new Operation Iraqi Freedom Response 
Fund, as discussed earlier in this report. From within this 
appropriation, the Committee bill provides for the transfer of 
funds to 23 appropriations accounts, as follows:

                                            [In thousands of dollars]
Budget request:                                                 Committee recommendations:
    Defense Emergency Response Fund.........       $59,863,200    Operation Iraqi Freedom            $59,682,500
                                                                   Response Fund.
                                                                  Amounts to be derived by
                                                                   transfer, as follows:
                                                                   Military Personnel.........     ($12,094,500)
                                                                    Military Personnel, Army..         6,974,500
                                                                    Military Personnel, Navy..         1,984,300
                                                                    Military Personnel, Marine         1,204,900
                                                                     Corps.
                                                                    Military Personnel, Air            1,834,800
                                                                     Force.
                                                                    Reserve Personnel, Army...             3,000
                                                                    National Guard Personnel,             93,000
                                                                     Army.
                                                                   Operation and Maintenance..     ($20,735,700)
                                                                    Operation and Maintenance,        10,481,500
                                                                     Army.
                                                                    Operation and Maintenance,         3,940,300
                                                                     Navy.
                                                                    Operation and Maintenance,         1,383,700
                                                                     Marine Corps.
                                                                    Operation and Maintenance,         3,668,200
                                                                     Air Force.
                                                                    Operation and Maintenance,           901,900
                                                                     Defense-Wide.
                                                                    Operation and Maintenance,            58,400
                                                                     Army National Guard.
                                                                    Defense Health Program....           301,700
                                                                   Procurement................      ($1,314,400)
                                                                    Aircraft Procurement, Army             4,100
                                                                    Missile Procurement, Army.             3,100
                                                                    Procurement of Weapons and            53,300
                                                                     Tracked Combat Vehicles,
                                                                     Army.
                                                                    Procurement of Ammunition,           447,500
                                                                     Army.
                                                                    Other Procurement, Army...           241,800
                                                                    Other Procurement, Air               113,600
                                                                     Force.
                                                                   Procurement, Defense-Wide..           451,000
                                                                   Research, Development, Test        ($101,500)
                                                                    and Evaluation.
                                                                    Research, Development,                11,500
                                                                     Test and Evaluation, Army.
                                                                    Research, Development,                90,000
                                                                     Test and Evaluation,
                                                                     Defense-Wide.
                                                                   Combat, Stability               ($25,436,400)
                                                                    Operations, and Force
                                                                    Reconstitution Costs.
                                                                   Operation and Maintenance..   \1\ $20,214,300
                                                                   Procurement................    \1\ $4,242,000
                                                                   Research, Development, Test       \1\ $57,600
                                                                    and Evaluation.
                                                                   Reimbursement for Coast          \1\ $400,000
                                                                    Guard support to military
                                                                    operations.
    Classified activities...................      ($1,717,000)     Classified Activities......   \1\ $1,817,000

\1\ Amounts designated in bill.

    The following sections provide details about the 
recommendations summarized above.

                           MILITARY PERSONNEL

    The Committee recommends a total of $12,094,500,000, to be 
derived by transfer from the Operation Iraqi Freedom Response 
Fund and allocated by the Committee bill to specific 
appropriations. This represents an increase of $1,700,000,000 
above the President's request for the incremental costs of pay 
and allowances of the active duty and Reserve personnel 
deployed overseas, retained on active duty to support military 
operations in Iraq, or participating in or supporting the 
global war on terrorism. These include Imminent Danger Pay, 
Family Separation Allowance, Foreign Duty Pay, Subsistence, and 
additional costs related to the stop loss program that was 
implemented to retain military personnel in critical skill 
specialties. The Committee believes the Services will require 
additional resources to cover their personnel and mobilization 
costs through the end of fiscal year 2003, and therefore 
recommends the following:

                        [In thousands of dollars]

Military Personnel, Army................................      $6,974,500
    (Pay and Allowances.................................      6,974,500)
Military Personnel, Navy................................       1,984,300
    (Pay and Allowances.................................      1,984,300)
Military Personnel, Marine Corps........................       1,204,900
    (Pay and Allowances.................................      1,204,900)
Military Personnel, Air Force...........................       1,834,800
    (Pay and Allowances.................................      1,834,800)
Reserve Personnel, Army.................................           3,000
    (Pay and Allowances.................................          3,000)
National Guard Personnel, Army..........................          93,000
    (Pay and Allowances.................................         93,000)

                       OPERATION AND MAINTENANCE

    The Committee recommends $20,735,700,000, to be derived by 
transfer from the Operation Iraqi Freedom Response Fund and 
allocated by the Committee bill to specific appropriations. 
This amount includes operating costs incurred during the build-
up and preparation for combat operations in Iraq, from January 
2003 through the beginning of combat in mid March 2003. These 
include personnel support costs (temporary duty allowances, 
clothing, personnel equipment and supplies, and subsistence), 
transportation of personnel and major items of equipment, 
special preparatory tasks including establishment of the 
logistical support infrastructure, training support items 
(depot level reparables, consumables, and fuel), and theater 
enhancements (combatant theater communications, logistical and 
other infrastructure improvements), and improvements to 
detainee facilities at Guantanamo Bay, Cuba. Funds are also 
provided for the incremental costs of providing medical support 
to United States Guard and Reserve component members that have 
been called to active duty, and their family members.

                        [In thousands of dollars]

Operation and Maintenance, Army.........................     $10,481,500
    (Personnel Support..................................      2,812,800)
    (Transportation.....................................      4,204,700)
    (Preparatory Tasks..................................      1,806,300)
    (Depot Level Reparables, Consumables and Fuel.......        612,500)
    (Operating Support..................................        874,000)
    (Theater Enhancements and Special Support Costs.....         50,000)
    (ONE and OEF Reconstitution.........................        121,200)
Operation and Maintenance, Navy.........................       3,940,300
    (Personnel Support..................................        727,400)
    (Transportation.....................................        764,400)
    (Preparatory Tasks..................................         21,900)
    (Depot Level Reparables, Consumables and Fuel.......        177,000)
    (Operating Support..................................      1,909,000)
    (Guantanamo Bay Cuba Operations.....................          9,700)
    (ONE and OEF Reconstitution.........................        330,900)
Operation and Maintenance, Marine Corps.................       1,383,700
    (Personnel Support..................................        222,300)
    (Transportation.....................................        247,500)
    (Preparatory Tasks..................................          2,000)
    (Depot Level Reparables, Consumables and Fuel.......        125,900)
    (Operating Support..................................        786,000)
Operation and Maintenance, Air Force....................       3,668,200
    (Personnel Support..................................      1,024,400)
    (Transportation.....................................      1,411,300)
    (Preparatory Tasks..................................        385,100)
    (Depot Level Reparables, Consumables and Fuel.......        418,400)
    (Operating Support..................................        359,000)
    (ONE and OEF Reconstitution.........................         70,000)
Operation and Maintenance, Defense-Wide.................         901,900
    (Personnel Support..................................        262,900)
    (Transportation.....................................        472,100)
    (Preparatory Tasks..................................         17,000)
    (Depot Level Reparables, Consumables and Fuel.......         33,300)
    (Humanitarian Assistance............................        106,900)
    (Theater Enhancements and Special Support Costs.....          9,700)
Operation and Maintenance, Army National Guard..........          58,400
    (Depot Level Reparables, Consumables and Fuel.......         58,400)

                           Depot Maintenance

    Of the funds made available in Operation and Maintenance, 
the Committee directs that $3,928,000,000 be made available for 
depot level maintenance and repair parts due to increased 
ground vehicle miles, flying hours and ship steaming days in 
support of current military operations, as displayed in the 
chart below. This includes increased operational tempo for 
Operation Enduring Freedom, in and around Afghanistan 
($938,000,000) and for combat preparation, and initial combat 
operations for Operation Iraqi Freedom ($2,990,000,000).

                        (In thousands of dollars)

Operation and Maintenance, Army.........................        $874,000
Operation and Maintenance, Navy.........................       1,909,000
Operation and Maintenance, Marine Corps.................         786,000
Operation and Maintenance, Air Force....................         359,000

                         Defense Health Program

    The Committee recommends $301,700,000 in additional funding 
for Defense Health Program operation and maintenance costs, to 
provide medical care for Reserve and Guard component soldiers 
that have been called to active duty, and their families, in 
support of Operations Noble Eagle, Enduring Freedom, and Iraqi 
Freedom. The additional funding is intended to ensure that the 
Reservists and Guardsmen and their families have access to the 
same high quality health care that is provided to active duty 
service members and their families.

                        [In thousands of dollars]

Defense Health Program..................................        $301,700
    (Operation and maintenance, Army Reserve............         86,600)
    (Operation and maintenance, Navy Reserve............         31,360)
    (Operation and maintenance, Marine Corps Reserve....         33,790)
    (Operation and maintenance, Air Force Reserve.......         17,270)
    (Operation and maintenance, Army National Guard.....         92,930)
    (Operation and maintenance, Air National Guard......         39,750)

                              PROCUREMENT

    The Committee recommends $1,314,400,000 for procurement 
activities to be derived by transfer from the Operation Iraqi 
Freedom Response Fund and allocated by the Committee bill to 
specific appropriations. (In addition, the Committee recommends 
$4,242,000,000 for procurement within the Combat, Stability 
Operations, and Force Reconstitution Costs account as described 
elsewhere in this report).
    Within the amount recommended for the Operation Iraqi 
Freedom Fund, the Committee recommends $450,600,000 for 
munitions consumed, as well as related preparatory tasks, in 
support of Operation Enduring Freedom and Operation Iraqi 
Freedom. Such munitions may include conventional munitions such 
as bomb bodies, small and medium caliber ammunition, tank 
ammunition, mortars, artillery, rockets, grenades, fuzes, anti-
tank mines, signals, demolition munitions, flares, cartridges, 
and others as necessary.

                        [In thousands of dollars]

Aircraft Procurement, Army..............................          $4,100
    (Preparatory Tasks..................................          4,100)
Missile Procurement, Army...............................           3,100
    (Preparatory Tasks..................................          3,100)
Procurement of Weapons and Tracked Combat Vehicles, Army          53,300
    (Preparatory Tasks..................................         53,300)
Procurement of Ammunition, Army.........................         447,500
    (Preparatory Tasks..................................            500)
    (Inventory of Items Consumed........................        447,000)
Other Procurement, Army.................................         241,800
    (Preparatory Tasks..................................        241,800)
Other Procurement, Air Force............................         113,600
    (Preparatory Tasks..................................          1,600)
    (Theater Enhancements and Special Support Costs.....        112,000)
Procurement, Defense-Wide...............................         451,000
    (Theater Enhancements and Special Support Costs.....        451,100)

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

    The Committee recommends $101,500,000 to be derived by 
transfer from the Operation Iraqi Freedom Response Fund and 
allocated by the Committee bill to specific appropriations. 
These are to provide funding for costs incurred to date for 
Research and Development activities, such as improving 
targeting capabilities, testing chemical/biological efforts, 
and classified activities.

                        [In thousands of dollars]

Research, Development, Test and Evaluation, Army........         $11,500
    (Preparatory Tasks..................................         11,500)
Research, Development, Test and Evaluation, Defense-Wide          90,000
    (Classified Programs (USD(P)).......................         90,000)

      COMBAT, STABILITY OPERATIONS AND FORCE RECONSTITUTION COSTS

    The Committee recommends $25,436,400,000, to be derived by 
transfer from the Operation Iraqi Freedom Response Fund, for a 
new appropriation called the Combat, Stability Operations and 
Force Reconstitution Costs account. These funds have been 
provided in this manner by the Committee to grant some degree 
of flexibility to the President and the Secretary of Defense in 
meeting wartime requirements. These funds would be available to 
the Secretary of Defense for transfer to accounts seven days 
after notification to the congressional defense committees of 
the proposed plan for use of the funds. The Committee bill, and 
the discussion below, provide a framework within which these 
funds are to be allocated. The Committee also notes, that, 
within these amounts, is not to exceed $400,000,000 for the 
ongoing support to military operations provided by the United 
States Coast Guard.
    The Committee also strongly recommends that the Department 
of Defense use a portion of these funds to alleviate shortfalls 
in the Defense Health Program; the Services' medical operation 
and maintenance and procurement accounts; and to provide our 
servicemen and women returning from theater with combat 
casualty comprehensive treatment and rehabilitation.

                       OPERATION AND MAINTENANCE

    The Committee recommends up to $20,214,300,000 for 
operating and support costs associated with ongoing combat 
operations, transition to the post-combat and stability 
operations phase, reconstitution and redeployment of combat 
forces, and rotation of follow-one forces. The Department's 
budget estimate assumes that the forces in theater should 
decline significantly and rapidly, following the combat phase 
of Operation Iraqi Freedom. The recommended funding will 
support transportation and other costs for phased replacement 
of combat forces by military police, civil-military relations, 
medical, construction and civil support units, and will ensure 
that forces returning to home station are resourced to promptly 
accomplish repair and refurbishment of equipment, including 
depot level maintenance.

                              PROCUREMENT

    The President's supplemental request includes procurement 
funding to replace some of the equipment losses due to combat, 
as well as munitions and other equipment. The Committee has 
reviewed possible allocations of funding requested by the 
President, and recommends $4,242,000,000 for procurement of 
items to meet anticipated requirements for weapons, and 
equipment such as munitions, unmanned aerial vehicles, 
communications equipment, and other items required for military 
operations in Iraq, Afghanistan, and the global war on 
terrorism.
    The Committee notes that, in addition to equipment lost in 
Operation Iraqi Freedom, the Department also has sustained 
losses in Afghanistan as well as losses due to mishaps. Among 
the losses sustained by the Department of Defense in connection 
with these operations are high-demand low-density items such as 
Special Operations MH-47 helicopters and Marine Corps CH-46 
helicopters. While the Committee is supportive of those 
recommendations made in the President's request, the Committee 
believes that accelerating the replacement of or seeking safety 
improvements, to high value assets such as those described 
above should also be considered. While the Committee believes 
that the Department of Defense should take appropriate measures 
to replace both combat losses and mishaps, the Committee 
directs that the Secretary of Defense provide written notice to 
the House and Senate Committees on Appropriations 30 days prior 
to initiating the procurement actions required to replace lost 
equipment.
    Within the $4,242,000,000 recommended, $3,249,400,000 is to 
potentially restock munitions expended in combat or in 
training, as described below. The remaining $992,600,000 is for 
command, control, communications, computer and intelligence 
equipment; unmanned aerial vehicles; combat soldier equipment; 
base support equipment; laser targeting; night vision devices; 
and biological agent detectors.
    The Committee recommends $3,249,400,000 to restock 
munitions, including precision-guided weapons, expended in 
combat or training. Precision guided weapons may include 
Tactical Tomahawk missiles, Laser Guided Bombs, Wind Corrected 
Munitions Dispenser (WCMD), Joint Standoff Weapon (JSOW), 
Affordable Weapons System, Javelin, Tube-launched Optically-
tracked Wire-guided (TOW) Anti-tank Missile, Laser and Longbow 
Hellfire, Army Tactical Missile System (ATACMS), Multiple 
Launch Rocket System (MLRS) Rockets, Patriot, and Stinger. In 
some cases, this is not intended to be a one-for-one 
replacement of expended munitions and precision-guided weapons, 
but may instead be used to acquire upgraded versions of these 
munitions.
    Precision-guided weapons are integral to the war-fighting 
strategy employed by the Department of Defense. Success of 
almost any military operation now depends on both the 
effectiveness and availability of these weapons, making 
capability and inventory levels critical components of 
planning. The Committee directs that the Department of Defense 
provide a report in classified form to the House and Senate 
Committees on Appropriations within 60 days of the cessation of 
hostilities in Iraq that details the types and quantities of 
precision munitions consumed in support of operations and an 
in-depth analysis of the combat effectiveness, by type, of the 
munitions.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

    The Committee recommends $57,600,000 for various research, 
development, test and evaluation (RDT&E;) requirements such as 
improving targeting capabilities, testing chemical and 
biological efforts, and classified programs.

                       OPERATION AND MAINTENANCE


                Natural Resources Risk Remediation Fund

    The President requested $489,300,000 to create a Natural 
Resources Risk Remediation Fund in the Treasury of the United 
States. The Fund is to provide resources to address the 
emergency fire fighting, repair of damages to oil facilities in 
Iraq, and temporary operation of the fields in Iraq. This is 
important in order to ensure that fuel is available for the 
welfare of the Iraqi people following a regime change.
    The activities are a part of the Central Command's military 
mission during the transition phase and are required to prevent 
any environmental damage from oil spills as well as to 
extinguish fires that may be deliberately started at wellheads. 
The Administration has proposed a funding level of 
$489,300,000, its estimate of the cost of anticipated fire 
fighting operations and fire fighting equipment to include 
specialized vehicles, well testers, oil pipeline, parts, 
fittings, oil field equipment and pump parts to replace damaged 
or destroyed items. It also includes contracts for mission 
support by specialized contractors, Army Corps of Engineers 
personnel travel and per diem and related expenses, training 
requirements, damage assessment teams, and other expenses.
    The Committee recommendation includes language similar to 
that requested by the President. To provide the Secretary of 
Defense with maximum flexibility in the allocation of 
resources, the Committee recommendation provides that up to 
$489,300,000 for this activity may be derived from the 
Operation Iraqi Freedom Response Fund, as discussed elsewhere 
in this report. In addition, the Fund is authorized to receive 
contributions of money from persons, foreign governments, or 
international organizations, for the purposes authorized 
therein. To the extent that outside contributions are made to 
the Fund, the use of appropriated funds can be reduced.
    The Committee recommendation also includes a general 
provision that requires that contributions of money deposited 
into the Natural Resources Risk Remediation Fund shall be 
reported to the Congress in the same report, and under the same 
terms and conditions, as the report required for contributions 
to the Defense Cooperation Account. The existing reporting 
requirement provides that not later than 30 days after the end 
of each fiscal quarter, the Secretary of Defense shall specify 
contributions of property received in the preceding quarter by 
the Defense Cooperation Account. Contributions of all property 
with a value of more than $1,000,000 are to be included in the 
report. In the case of contributions of funds to the Natural 
Resources Risk Remediation Fund, the Committee expects all 
contributions, regardless of monetary value, to be included in 
the report. In addition, in fiscal years 2003 and 2004, the use 
of monies or real or personal property contributed to these 
accounts shall be subject to the prior approval of the 
Committees on Appropriations.

                     REVOLVING AND MANAGEMENT FUNDS


                     Defense Working Capital Funds

    The President requested $430,000,000 in additional funding 
for the Defense Working Capital Fund to cover unforeseen fuel 
price increases. The Committeerecommends $1,100,000,000, which 
is $670,000,000 above the President's request. This increase is 
recommended due to more recent, accurate estimates of fuel price 
increases and the associated impact on the Defense Working Capital 
Fund.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS


         Drug Interdiction and Counter-drug Activities, Defense

    The Committee recommends $34,000,000 as requested by the 
President to fund increased operational tempo in Colombia's 
unified campaign against narcotics trafficking and terrorist 
activities. The Committee directs the Secretary of Defense to 
submit a report to the congressional defense committees not 
later than 30 days after enactment of this act describing how 
funds appropriated under this heading are to be obligated in 
support of United States Southern Command's Colombia 
initiative.

                    GENERAL PROVISIONS--THIS CHAPTER

    Section 1301 of the Committee bill includes a new general 
provision which restricts the availability of the funds to the 
current fiscal year unless otherwise provided, and provides 
that the terms and conditions set forth in the Department of 
Defense Appropriations Act, 2003 (Public Law 107-248) and 
Making Further Continuing Appropriations for the Fiscal Year 
2003, and for Other Purposes (Public Law 108-7) shall apply to 
this bill.
    Section 1302 of the Committee bill includes a new general 
provision prohibiting initiation of a new start without prior 
congressional notification.
    Section 1303 of the Committee bill includes a new general 
provision prohibiting obligations for acquisition programs that 
require greater than four years to operationally field.
    Section 1304 of the Committee bill includes a general 
provision requested in the supplemental request, which provides 
the Secretary of Defense with additional authority for the CINC 
Initiative Fund in order to support military operations in Iraq 
and the global war on terrorism.
    Section 1305 of the Committee bill includes a general 
provision requested in the supplemental request, which provides 
the Secretary of Defense with additional authority for 
extraordinary and emergency expenses, which cannot be 
anticipated, in order to support emergent requirements 
associated with Iraq and the ongoing war on terrorism.
    Section 1306 of the Committee bill includes a general 
provision requested in the supplemental request, which amends 
the general transfer authority language of Public Law 107-248 
and Public Law 108-7.
    Section 1307 of the Committee bill includes a general 
provision requested in the supplemental request, which 
recommends an appropriation of $165,000,000 to reimburse 
applicable appropriations for the value of drawdown support 
provided by the Department of Defense under the Afghan Freedom 
Support Act of 2002. This appropriation shall not increase the 
limitation set forth in section 202(b) of that Act. Therefore, 
the net remaining drawdown authority would be $135,000,000. The 
Secretary of Defense may transfer the funds provided herein to 
the applicable appropriations of the Department of Defense, 
which shall be merged with and shall be available for the same 
purposes and for the same time period as the appropriations to 
which transferred. The Committee is also recommending language 
that requires a notification in writing of the source of funds 
to be used for any future drawdown.
    Section 1308 of the Committee bill includes a general 
provision requested in the supplemental request, which provides 
that funds appropriated in this Act are deemed to be 
specifically authorized by the Committee for purposes of 
section 504 of the National Security Act of 1947 (50 U.S.C. 
414).
    Section 1309 of the Committee bill includes a general 
provision requested in the supplemental request which includes 
language, similar to that proposed by the President, that 
authorizes $63,500,000 to reimburse applicable appropriations 
for the value of support provided by the Department of Defense 
under the Iraq Liberation Act of 1998. This authority shall not 
increase the limitation set forth in section (4)(a)(2)(B) of 
that Act. The Committee is also recommending additional 
drawdown authority of $150,000,000 for fiscal year 2003, as 
requested by the President. Therefore, the net remaining 
drawdown authority in fiscal year 2003 would be $86,500,000. 
Language is also recommended that requires a notification in 
writing of the source of funds to be used for any future 
drawdown.
    Section 1310 of the Committee bill includes a general 
provision requested in the supplemental request which provides 
that amounts credited to the Defense Cooperation Account shall 
be available for transfer to the ``Operation Iraqi Freedom 
Response Fund''.
    Section 1311 of the Committee bill includes a general 
provision requested in the supplemental request, that requires 
that contributions of money deposited into the ``Natural 
Resources Risk Remediation Fund'' shall be reported to the 
Congress in the same report, and under the same terms and 
conditions, as the report required for contributions to the 
``Defense Cooperation Account''. In addition, in fiscal years 
2003 and 2004, the use of monies or real or personal property 
contributed to these accounts shall be subject to the prior 
approval of the Committees on Appropriations.
    Section 1312 of the Committee bill amends a general 
provision requested in the supplemental request, which requires 
the Department to notify the congressional defense committees 
prior to the obligation of funds appropriated in this chapter 
for military construction activities in excess of $7,500,000.
    Section 1313 of the Committee bill includes a new general 
provision which provides that by October 31, 2003, all balances 
remaining in the ``Defense Emergency Response Fund'' shall be 
transferred to and merged with the ``Operation Iraqi Freedom 
Response Fund''.

                               CHAPTER 4


                     BILATERAL ECONOMIC ASSISTANCE


                  FUNDS APPROPRIATED TO THE PRESIDENT


           United States Agency for International Development


                Child Survival and Health Programs Fund

    The Committee recommends $40,000,000 for the ``Child 
Survival and Health Programs Fund'' to reimburse the account 
for funds previously borrowed and provided to preposition 
personnel and commodities to address humanitarian needs 
anticipated prior to the commencement of the conflict with 
Iraq.

                   International Disaster Assistance

    The Committee recommends $160,000,000 to be available until 
expended for ``International Disaster Assistance'', rather than 
$80,000,000 as requested by the President. These funds include 
$112,500,000 to reimburse the account for funds used to 
preposition in the vicinity of Iraq the necessary personnel, 
supplies and commodities required to rapidly commence 
implementation of humanitarian assistance in Iraq as soon as 
conditions permit.
    The Committee has also included language requested by the 
President that would allow additional ``borrowing'' from other 
foreign assistance accounts. In the event that additional 
``borrowing'' is contemplated, the Committee expects to be 
consulted simultaneously with the initiation of any discussions 
with the Office of Management and Budget.

        United States Emergency Fund for Complex Foreign Crises

    The President has requested $150,000,000 for a new ``United 
States Emergency Fund for Complex Foreign Crises''. The 
Committee believes that this request should be considered 
within the context of the fiscal year 2004 appropriations and 
authorization processes and denies, without prejudice, funding 
for this initiative in fiscal year 2003. The full amount denied 
for this initiative, however, has been used to augment similar 
existing accounts and the new ``Iraq Relief and Reconstruction 
Fund''.

   Operating Expenses of the United States Agency for International 
                              Development

    The Committee recommends $23,000,000 for ``Operating 
Expenses of the United States Agency for International 
Development'', $1,000,000 more than requested. These funds 
would be used to implement programs recommended elsewhere in 
this chapter, and for security costs in Afghanistan and 
Pakistan, and $1,000,000 is provided to reimburse the USAID 
Bureau for Asia and the Near East for the costs incurred in 
connection with the evacuation of its mission in Jakarta, 
Indonesia, for which no request was received.
    Not less than $2,000,000 is provided for operating expenses 
of the USAID Office of Inspector General to support financial 
and program audits of the Iraq Relief and Reconstruction Fund 
and other assistance for Iraq.

                  OTHER BILATERAL ECONOMIC ASSISTANCE


                         Economic Support Fund

    The Committee recommends $2,342,000,000 for the ``Economic 
Support Fund.'' The recommendation is $100,000,000 less than 
the supplemental request.
    The Committee recommends not less than $700,000,000 in 
Economic Support Funds for Jordan, consistent with the 
supplemental request. The Committee has, however, provided for 
these funds in bill language. Jordan has been particularly 
dependent on Iraqi oil, and this assistance will help a key 
United States ally address urgent economic and budgetary 
issues.
    The Committee recommendation includes $300,000,000, as 
requested, for Egypt. The Government of Egypt, may request that 
part of this amount be applied as credit subsidy to support 
loan guarantees of not to exceed $2,000,000,000. These 
appropriations remain available for obligation until September 
30, 2005. The Committee also has included bill language that 
allows the President to determine terms and conditions for this 
economic assistance, notes that the President should take 
budgetary and economic reforms into consideration and allows 
termination if the terms are breached. This assistance will 
help offset economic dislocation from the Iraq conflict and 
supports a key ally and frontline state in the war on 
terrorism. This assistance is dependent on Egypt's continued 
implementation of economic and budgetary reforms.
    The Committee recommendation provides permissive language 
that allows the President to provide not to exceed 
$1,000,000,000 for Turkey. The appropriation may be applied as 
credit subsidy to support loan guarantees not to exceed 
$8,500,000,000. The Committee also has included bill language 
that allows the President to determine terms and conditions for 
this economic assistance, notes that the President should take 
budgetary and economic reforms into consideration and allows 
termination if the terms are breached. The Committee recommends 
bill language that does not allow this assistance to be made 
available until the Secretary of State determines and reports 
to the Committees on Appropriations of the House and Senate, 
the House International Relations Committee, and the Senate 
Foreign Relations Committee that the Government of Turkey is 
cooperating with the United States in Operation Iraqi Freedom, 
including the facilitation of humanitarian assistance to Iraq.
    Turkey has been a long-time close ally of the United States 
and is a key frontline state in the War on Terrorism. Turkey 
stands out as a democratic Islamic nation that has a growing 
trade and military relationship with Israel, and it has been a 
positive force in seeking peaceful solutions between Israel and 
its Palestinian neighbors. A strong, economically stable and 
democratic Turkey is in America's strategic interest, and 
critical to both Europe and the Middle East. The Committee's 
recommendation is based on its expectation that Turkey will 
become a more constructive ally in the region and continue to 
make progress toward economic stability.
    The Committee recommendation includes $127,000,000 for 
Afghanistan to continue efforts to support security and 
economic growth in that nation, of which $60,0000,000 is 
provided to complete the major Kabul--Kandahar--Herat road. In 
addition, the Committee recommends $40,000,000 to reimburse the 
Economic Support Fund account for resources tapped to fund 
supplies, commodities and services prior to the conflict in 
Iraq.
    The Committee recommendation includes $100,000,000 for an 
Islamic Partnership and Outreach program, in lieu of 
$200,000,000 for the Middle East Partnership Initiative and 
Muslim Outreach programs proposed in the request. TheCommittee 
also has recommended bill language making up to $5,000,000 available 
for administrative expenses of the Islamic Partnership and Outreach 
program and that the use of these funds is subject to regular 
notification procedures.
    The Committee supports the Administration's efforts to 
focus on long-term reforms to strengthen education, women's 
programs, civil society and the rule of law, literacy and youth 
programs, democracy building and governmental reform. The 
Committee concurs that the United States has for too long 
under-invested in these types of reform programs in both Arab 
and non-Arab Islamic nations vis-a-vis efforts in other regions 
and areas of the world. In fiscal year 2002, the Congress 
provided $25,000,000 in start-up funding for the Middle East 
Partnership Initiative.
    The Committee believes that: (1) the Administration's 
proposal increases these programs too rapidly, and as the 
supplemental proposal exceeds the fiscal year 2004 budget 
request, it likely is not executable; (2) specific uses of 
funds need additional justification and definition; (3) program 
management and oversight need clarification--to this end the 
Committee believes that the Department of State should provide 
policy guidance and oversight, but that actual program 
administration, financial management, and delivery be provided 
by the U.S. Agency for International Development and its 
grantees/contractors. The Committee directs that not less than 
$50,000,000 of the Islamic Partnership and Outreach program be 
allocated for programs in non-Arab Islamic nations. The 
recommendation assumes full funding of women's initiatives, but 
no funding for creation of a new enterprise fund.
    The Committee expects the coordinator of the Islamic 
Partnership and Outreach program to consult closely with the 
Committee on plans for implementation and coordination with the 
United States Agency for International Development. Up to 
$5,000,000 may be used by the Department of State and the U.S. 
Agency for International Development for the administrative 
costs of implementing these programs.

                  Iraq Relief and Reconstruction Fund


                     (INCLUDING TRANSFERS OF FUNDS)

    The Committee recommendation provides $2,483,300,000, to 
remain available until September 30, 2004, for a new ``Iraq 
Relief and Reconstruction Fund'', an increase of $40,000,000 
above the request. The Committee is providing these funds as 
bilateral economic assistance under the authorities of the 
Foreign Assistance Act of 1961, as amended. As such, these 
funds are appropriated to the President and delegated by the 
President to the Secretary of State and, in most instances, 
through the Secretary to the Agency for International 
Development. In return for providing extraordinary flexibility 
in use of this new account, the Committee has included language 
making all programs and activities subject to prior 
notification not less than 5 days prior to obligation.
    As requested by the President, the Iraq Relief and 
Reconstruction Fund [the Fund] will be used for such programs 
as (1) water/sanitation infrastructure; (2) feeding and food 
distribution; (3) supporting relief efforts related to 
refugees, internally displaced persons, and vulnerable 
individuals; (4) humanitarian demining; (5) healthcare; (6) 
education; (7) electricity; (8) transportation; (9) 
telecommunications; (10) rule of law and governance; (11) 
economic and financial policy; and (12) agriculture.
    The Committee expects that initial obligations from the 
Fund will focus on the first three priorities listed above, 
especially water/sanitation infrastructure. The Committee 
received testimony on March 27, 2003 describing the dire 
situation in much of Iraq regarding the deterioration of the 
potable water delivery system during the regime of Saddam 
Hussein. Child mortality in the parts of Iraq controlled by its 
central government has been extraordinarily high, in large part 
due to the lack of investment in maintenance of the water 
purification and deliver system. The Committee expects the 
inter-agency civil government apparatus and the United States 
Agency for International Development to initially focus on 
provision of clean water, feeding, and other forms of direct 
relief to vulnerable communities.
    Because of the special circumstances in Iraq, the Committee 
has provided for direct apportionment from the Fund, as 
necessary after consultation with the Secretary of State, to 
the Departments of Treasury and Health and Human Services for 
activities related to Treasury technical assistance and for 
deployment of personnel of the Centers for Disease Control. The 
Committee requests that the relevant officials of the 
Departments of the Treasury and Health and Human Services 
promptly consult with the Committee regarding modalities for 
provision of financial data regarding Iraq activities under 
this account, concluding memoranda of understanding with the 
USAID Inspector General and notification documentation.
    The Committee directs that the Fund shall be used to fully 
and promptly 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. In particular, $200,000,000 ``borrowed'' 
for purchase of food under the authority of section 507 of the 
fiscal year 2003 Foreign Assistance, Export Financing and 
Related Programs Appropriations Act from the Child Survival and 
Health Programs Fund, the Development Assistance account, and 
the Economic Support Fund should be reimbursed without delay. 
The Committee expects rapid reimbursement of an additional 
$50,000,000 that was ``borrowed'' for Iraq assistance under the 
provisions of section 492(b) of the Foreign Assistance Act 
[FAA], and up to $145,000,000 from the same three accounts that 
may be ``borrowed'' under the provisions of section 507 prior 
to its expiration on the date of enactment of this Act. The 
Committee notes that this Act, as reported to the House, 
contains as much as $609,500,000 to reimburse costs already 
incurred, including $495,000,000 from the Iraq Relief and 
Reconstruction Fund.
    Beginning not later than 60 days following enactment of 
this Act and every 30 days thereafter until September 2004, the 
Committee requests the Secretary of State and the Administrator 
of the United States Agency for International Development, in 
consultation with the Executive Office of the President and 
other agencies that may be utilizing the Fund through direct 
apportionment or transfers under Section 632 of the FAA, 
provide the Committee with a report detailing activities 
undertaken through the Fund and the relevant financial data 
associated with such activities.
    In making awards to contractors engaged in the 
reconstruction of Iraq and Afghanistan, the Committee requests 
the Administrator of the U.S. Agency for International 
Development to actively seek to include significant 
participation by American-owned businesses, including small, 
minority and disadvantaged business enterprises. The Committee 
further requests that the Inspector General of USAID, as part 
of his office's oversight and reports on implementation of 
funding provided under the Iraq Relief and Reconstruction Fund, 
report to the Committee on the extent of participation by 
small, minority and disadvantaged enterprises.

                       Loan Guarantees to Israel

    The Committee recommends bill language providing not to 
exceed $9,000,000,000 in loan guarantees during the period 
beginning April 14, 2003 and ending September 30, 2005. Of this 
assistance, $3,000,000,000 may be issued in fiscal year 2003 or 
thereafter, and $3,000,000,000 may be issued subsequent to 
September 30, 2004. The recommended language restricts these 
resources to support only geographic areas which were subject 
to the administration of the Government of Israel before June 
5, 1967 and that guarantees may be reduced for any activities 
that the President of the United States determines are 
inconsistent with the objectives and understandings reached 
between the United States and Government of Israel regarding 
the implementation of the loan guarantee program. As was 
previously the case with the 1992 loan guarantees, all 
associated fees are to be paid by the Government of Israel to 
the United States Government. The Committee recommended bill 
language states that the President shall take into 
consideration the budgetary and economic reforms undertaken by 
Israel and that the President may suspend or terminate the 
provision of all or part of the loan guarantees not yet issued. 
The loan guarantees are made possible by committing the full 
faith and credit of the United States of America. The Committee 
recommended bill language is similar to that proposed in the 
supplemental request.
    The Committee considers Israel a key United States ally, 
partner and a frontline state in the war on terrorism. Years of 
terrorist attacks have led to serious stress on the Israeli 
economy, which the conflict in Iraq is likely to exacerbate. 
The recommended loan guarantees will bolster Israel's credit 
rating, help finance the nation's debt, and implement critical 
budget and economic reforms.
    The Committee notes that following the end of Operation 
Iraqi Freedom, the Administration must focus not only on 
creating a prosperous, peaceful and democratic Iraq, but also 
must reengage and take a leadership role in a comprehensive 
Middle East Peace process. Any ``roadmap'' must create a 
situation in which Israel and a Palestinian state live side by 
side in permanent peace and prosperity. Israelis yearn to live 
in an economically vibrant nation, secure and free from 
terrorist acts and military threats from neighboring nations. 
Recent changes in Palestinian leadership combined with the 
upcoming elimination of the totalitarian regime of Saddam 
Hussein in Iraq, portends to create the best opportunity for 
peace since the end of the 1991 Gulf War and the Oslo Accords. 
The Committee urges the Administration to move expeditiously to 
secure a comprehensive peace agreement.

                          DEPARTMENT OF STATE


          International Narcotics Control and Law Enforcement

    The Committee recommends $25,000,000 for ``International 
Narcotics Control and Law Enforcement'', as requested. These 
funds would remain available for obligation until September 30, 
2004.

                     Andean Counterdrug Initiative

    The Committee recommends $34,000,000 for the ``Andean 
Counterdrug Initiative,'' as requested. These funds would 
remain available for obligation until September 30, 2004. 
Although not included in the recommended language, the 
Committee expects the conditions on funding for Colombia and 
requirements under the ``Andean Counterdrug Initiative'' of the 
Foreign Operations, Export Financing and Related Programs 
Appropriations Act, 2003 to continue to apply.

     United States Emergency Refugee and Migration Assistance Fund

    The Committee recommends $80,000,000 for ``United States 
Emergency Refugee and Migration Assistance Fund'', instead of 
$50,000,000 as requested. The President has drawn down 
$40,000,000 to date from ERMA for Iraq-related costs. Even 
including the President's request for ERMA replenishment, the 
ERMA balance is considerably lower than recent historical 
levels. Therefore the Committee recommends an additional 
$40,000,000 for ERMA to meet unforeseen emergency needs.

    Nonproliferation, Anti-Terrorism, Demining, and Related Programs

    The Committee recommends $28,000,000 for 
``Nonproliferation, Anti-Terrorism, Demining and Related 
Programs''. This level is the same as the supplemental request. 
The Committee has included bill language that clarifies that 
funds appropriated are available notwithstanding section 10 of 
Public Law 91-672 and section 15 of the State Department Basic 
Authorities of 1956.
    The recommendation provides $25,000,000 to support anti-
terrorism training and protection programs in Afghanistan and 
other anti-terrorism and equipment needs. In addition, 
$3,000,000 is for demining, clearance of unexploded ordnance, 
and related activities in Afghanistan.

                          MILITARY ASSISTANCE


                  FUNDS APPROPRIATED TO THE PRESIDENT


                   Foreign Military Financing Program

    The Committee recommends $2,059,100,000 for ``Foreign 
Military Financing Program'', as requested. The Committee also 
has included bill language providing $1,000,000,000 only for 
Israel, requires these funds to be disbursed within 30 days of 
enactment of this Act, and specifies $263,000,000 shall be 
available for research and development, and procurement of 
defense services and articles in Israel. This language is 
similar to that contained in previous appropriations bills. The 
Committee also recommends bill language providing not less than 
$406,000,000 for Jordan.
    The supplemental request and Committee recommendation 
includes support for a number of coalition partners in the War 
on Terrorism and the current conflict in Iraq. Funds will be 
used to provide equipment, support, and training to strengthen 
the forces of America's partners and allies.
    Finally, the amount recommended includes $170,000,000 to 
train, equip and support the Afghan National Army and 
$175,000,000 to provide Pakistan with improvedcapabilities for 
border security in the fight against terrorism, for monitoring 
equipment, surveillance systems and aircraft procurement and 
refurbishment.

                        Peacekeeping Operations

    The Committee recommends $115,000,000 for ``Peacekeeping 
Operations''. This funding level is $85,000,000 less than the 
request, but equal to the total provided by the current fiscal 
year 2003 appropriation. The Committee notes that the request 
provided minimal detail and justification.

                    GENERAL PROVISIONS--THIS CHAPTER

    The Committee recommendation includes language in a general 
provision, similar to that requested by the President that 
would extend the authority to provide assistance for Iraq 
notwithstanding any other provision of law. Unlike the 
requested language, the provision does not extend to prior 
appropriations bills, since similar notwithstanding authority 
was provided for 2003 funds in the fiscal year 2003 foreign 
operations, export finance and related agencies appropriations 
act and will expire upon enactment of this Act. Additionally, 
the Committee recommendation subjects the use of such funds to 
notification 5 days in advance of obligation except in the case 
of substantial risk to human health or welfare.
    The Committee includes a provision similar to the authority 
requested by the President that would repeal the Iraq Sanctions 
Act of 1990 and authorize the President to make inapplicable 
with respect to Iraq section 620A and section 307 of the 
Foreign Assistance Act with respect to Iraq. As requested, the 
Committee includes a provision stating that nothing in this 
section shall affect the applicability of the Iran-Iraq Arms 
Non-Proliferation Act of 1992, but the Committee allows for an 
exception as it applies to humanitarian assistance and 
supplies. The authorities requested by the President have been 
made available to the President but are limited to non-military 
equipment. Additionally, the exercise of these authorities are 
subject to notification, and the Committee requires a periodic 
report containing a summary of all licenses approved for export 
to Iraq if the item is on the Commerce Control List contained 
in the Export Administration Regulations, including the 
identification of end users of such items.
    The Committee does not intend for the authorities contained 
in this section to be permanent, and it will expire on 
September 30, 2004 unless a prior authorization bill has been 
enacted that amends, repeals or makes the section inapplicable.
    The Committee recommends language as requested by the 
President that would provide the President with the flexibility 
to authorize exports to Iraq upon determining that they are in 
the national interest of the United States notwithstanding any 
other provision of law. The Committee has limited this 
authority to non-lethal equipment and made the exercise of such 
authority subject to notification. The Committee does not 
intend for the authorities contained in this section to be 
permanent, and it will expire on September 30, 2004 unless a 
prior authorization bill has been enacted that amends, repeals 
or makes the section inapplicable.
    The Committee recommendation does not include a general 
provision requested by the President that would have allowed 
transfers among international assistance programs in the 
supplemental request in an amount not to exceed $200,000,000. 
Existing provisions of law under the Foreign Assistance Act and 
annual acts makingappropriations for foreign operations, export 
financing, and related programs already provide sufficient authority to 
transfer funds.

                               CHAPTER 5


                    DEPARTMENT OF HOMELAND SECURITY


                      Congressional Justifications

    While fully appreciating the magnitude of the task of 
combining 22 agencies into a new department, the Committee is 
quite concerned that the Department of Homeland Security has 
not yet established a strong budgetary and financial management 
system. An immediate concern is the development of a detailed 
and responsive budget formulation and budget execution process. 
Budget justifications received to date by the Committee, both 
for the fiscal year 2003 supplemental request and the fiscal 
year 2004 appropriations request, have not been satisfactory. 
The justifications have lacked the customary level of detailed 
data and explanatory statements to support the appropriations 
requests.
    Funding requested for the Bureau of Customs and Border 
Protection and the Bureau of Immigration and Customs 
Enforcement is a particular concern. The Committee is aware of 
the problems that existed before the merger and does not 
believe that these internal problems have been solved. It is 
incumbent upon the Chief Financial Officer (CFO) to ensure that 
strong budgetary and financial management systems are in place 
throughout the Department. The Committee expects the CFO to 
implement a system for budget formulation and execution that is 
built on best practices; the Committee also expects that budget 
officers throughout the component Directorates will adhere to 
these best practices for both budget formulation and execution. 
The Committee expects to begin receiving detailed justification 
materials in support of requests for appropriated funds and 
further expects to receive these materials in a timely manner. 
The Committee will not entertain future requests for 
appropriations absent detailed documentation.
    The Committee directs the Chief Financial Officer of the 
Department to report to the Committee no later than 30 days 
after enactment of this Act on the steps being taken to improve 
the budget formulation process, strengthen the budget execution 
process, and implement a financial and accounting system to 
track expenditures.

   Personnel Security Investigations for the Department of Homeland 
                                Security

    The Committee recognizes the importance of security 
clearances for certain personnel within the Department of 
Homeland Security for the execution of their duties and is 
aware that the Office of Personnel Management currently has a 
substantial case backlog of personnel security investigations. 
The Committee is concerned that the Department of Homeland 
Security may encounter unacceptable delays in securing 
appropriate security clearances and upgrades and renewals to 
existing cleared personnel as a result of this backlog. The 
Committee encourages the Department to consider directly 
contracting for its own personnel security investigation needs.

                  CITIZENSHIP AND IMMIGRATION SERVICES


                           Operating Expenses

    The Committee recommendation includes $1,000,000 for 
expenses related to conducting Operation Liberty Shield. 
Funding will remain available until December 31, 2003.

                      UNITED STATES SECRET SERVICE


                           Operating Expenses

    The Committee recommendation includes $30,000,000 for 
expenses related to conducting Operation Liberty Shield. 
Funding will remain available until December 31, 2003.

                   BORDER AND TRANSPORTATION SECURITY


                     Customs and Border Protection

    The Committee recommendation includes $428,000,000 for 
expenses of the Bureau of Customs and Border Protection (BCBP) 
of conducting Liberty Shield and related homeland security 
programs. This amount includes $80,000,000 for the cost of 
additional inspectors and Border Patrol agents on the Northern 
Border and at maritime ports of entry, as well as $35,000,000 
for the Container Security Initiative (CSI). When combined with 
$12,000,000 in current year appropriations and $10,000,000 made 
available from the Treasury Forfeiture Fund, total fiscal year 
2003 funding for CSI would be $57,000,000, the level needed to 
implement the first phase in 20 international mega-seaports.
    In addition, $193,000,000 is available until expended for 
portal radiation detection and monitoring technology and non-
intrusive inspection technology, with particular emphasis on 
cargo containers. None of these funds may be obligated until 
BCBP submits to the Committees on Appropriations a revised 
technology investment plan that reflects this additional 
funding, including the impact on agency performance, proposed 
deployment locations, and schedules.
    Immigration Card Reader Pilot Program.--Congress provided 
$10,550,000 to the INS in P.L. 107-117 to deploy machines at 
border entry points to read the Mexican Border Crossing Card. 
The Committee understands that the pilot program demonstrated 
success in detecting 250 persons who attempted to use Border 
Crossing Cards not matching their fingerprints. Given this 
success, the Committee requests the Bureau of Customs and 
Border Protection to report on this program not later than May 
1, 2003. The report should include: a description of the pilot 
program performance; funding used to date and the Bureau's 
plans for the remaining funds; any plans to deploy additional 
readers to the border, and if so, where and when deployment 
will occur; and whether the Bureau plans to use such technology 
for reading US Green Cards, Canadian Permanent Resident Cards, 
Employment Authorization Documents and student cards.

                  Immigration and Customs Enforcement

    The Committee recommendation includes $185,000,000 for 
expenses of the Bureau of Immigration and Customs Enforcement 
of conducting Operation Liberty Shield and related homeland 
security missions. This includes $20,000,000 for additional 
special agents, intelligence analysts, air and marine 
enforcement personnel for the Northern Border and maritime 
ports of entry. Funding will remain available until December 
31, 2003.

                 Transportation Security Administration

    The recommendation includes $390,000,000 for additional 
homeland security related expenses of the Transportation 
Security Administration (TSA) to remain available until 
expended. The bill includes funding for critically-needed 
transportation security reimbursements, as follows:

        Activity                                                  Amount
Physical modifications of commercial service airports to 
    install checked baggage explosive detection machines    $235,000,000
Reimbursement for state and local law enforcement 
    officers............................................      85,000,000
Port security grants....................................      40,000,000
Surface transportation security initiatives.............      30,000,000

                        LAW ENFORCEMENT OFFICERS

    The Committee has included $85,000,000 to reimburse state 
and local law enforcement officers as well as National 
Guardsmen for increased screening measures at airport 
checkpoints, vehicle searches, and enhanced measures for 
perimeter and access control at critical transportation sites.

              SURFACE TRANSPORTATION SECURITY INITIATIVES

    The Committee has included $30,000,000 for surface 
transportation security initiatives. The Administrator shall 
notify the House Committee on Appropriations at least 15 days 
prior to the obligation of any amount of funds provided in this 
Act for surface transportation security initiatives.

                              TSA STAFFING

    The Committee is aware that TSA is still exceeding the 
staffing cap of 45,000 full-time permanent positions, first 
enacted in Public Law 107-206. This action is unacceptable. No 
funding has been provided in this bill for TSA to hire 
additional new staff, particularly aviation screeners, or to 
otherwise supplement previously appropriated funding for 
staffing requirements.

                       2003 FUNDING REQUIREMENTS

    By May 1, 2003, TSA must submit a new operating plan that 
reflects the current fiscal year 2003 funding requirements. 
This plan should detail funding by line item and identify the 
amounts necessary to address any programmatic changes related 
to Public Law 108-7.

                         Grants to Air Carriers

    The Committee recommendation includes an appropriation of 
$3,178,300,000 for grants to be made by the Transportation 
Security Administration to U.S. flag air carriers based on the 
pro-rata share of expenses incurred related to aviation 
security each such carrier has paid or collected to date by 
such carrier in passenger security fees and air carrier 
security fees to the Transportation Security Administration and 
are anticipated to be paid or to be collected by each such 
carrier for the remainder of the fiscal year. As the bulk of 
these payments are to be equal to the amounts already paid by 
the carriers to the Transportation Security Administration for 
aviation security related fees, the Committee expects that the 
payments to the air carriers shall be done within thirty days 
of enactment of this Act. In addition, the Committee 
recommendation includes a provision that permits the use of 
these funds for such purposes as each carrier determines 
appropriate.
    The airlines shall report by major operating component or 
category to the Transportation Security Administration within 
30 days of receipt of any grant made under this heading on how 
such funds were expended to offset operating expenses. The 
Transportation Security Administration shall subsequently 
provide such allocations to the House and Senate Committees on 
Appropriations within 60 days of enactment.

       Federal Law Enforcement Training Center Operating Expenses

    The recommendation includes $2,000,000 for additional 
homeland security training requirements that the Federal Law 
Enforcement Training Center will provide during the remainder 
of this fiscal year. Funding is available until December 31, 
2003.

                    Office for Domestic Preparedness

    The Committee has provided $2,200,000,000 for grants to 
enhance the capability of State and local jurisdictions to 
prepare for and respond to terrorist attacks. State and local 
responders are the first to arrive on the scene when a 
terrorist attack occurs andmust be prepared to protect life and 
property. The Committee is aware that State and local jurisdictions are 
engaged in planning activities and have needs that range from technical 
equipment, training and exercises to paying for expenses related to 
heightened security threats and protection of critical infrastructure. 
The Committee has provided these funds in a manner that will allow the 
Secretary the flexibility to issue grants to meet these varying 
requirements. Of the funds provided under this heading, $1,500,000,000 
is provided for a formula grant program to be allocated to each State. 
Within funds provided for the formula grant program, the Committee 
directs the Office for Domestic Preparedness (ODP) to fund overtime 
expenses related to increased security being incurred by State and 
local entities.
    The Committee is aware that while the country is at war, 
there are additional needs for security at critical 
infrastructure facilities and in high threat, high density 
urban areas. The Committee is also aware that the Department of 
Homeland Security has been working with the States and the FBI 
to identify critical infrastructure facilities and to assess 
vulnerabilities in high-threat urban areas. Thus, the Committee 
has provided $700,000,000 for a discretionary grant program to 
address security requirements related to these specific areas. 
When combined with the $100,000,000 appropriated for high 
threat urban areas in Public Law 108-7, a total of $800,000,000 
will be available for these efforts; the Committee is aware 
that none of the fiscal year 2003 funds have been obligated to 
date and that the Office for Domestic Preparedness is in the 
process of determining program eligibility. The Committee 
believes that the combined $800,000,000 for high threat urban 
areas should be distributed under the same eligibility 
requirements. The Committee directs ODP to take into account 
credible threat; vulnerability; the presence of infrastructure 
of national importance; population; and identified needs of the 
jurisdiction's public safety agencies when determining grant 
eligibility and disbursement of these program funds.
    To ensure that funding is provided to meet the needs of 
first responders preparedness and security activities, the bill 
provides that not less than 80 percent of all funding provided 
under this heading to each State shall be passed through to 
local governments within 45 days of receipt of the funds by the 
State. The Committee expects that each State will provide 
certification of its disbursements to ODP.
    The Committee expects that the supplemental funds will be 
disbursed to States as expeditiously as possible and no later 
than 30 days after enactment of this Act. The Committee also 
encourages ODP to ensure that equipment and training purchased 
with ODP funds meet or exceed minimum standards that the 
Department is in the process of developing. Finally, because 
the Committee is providing funding for immediate needs, the 
bill provides that none of the funds under this heading shall 
be available for construction activities.
    The Committee has also directed that the Secretary of 
Homeland Security notify the Committees on Appropriations 15 
days before obligation of these funds.

                       UNITED STATES COAST GUARD


                           Operating Expenses

    The recommendation includes a total of up to $630,000,000 
for additional operating expenses of the U.S. Coast Guard, of 
which $230,000,000 is provided under this heading, and up to 
$400,000,000 is provided in the Title 3. The Committee 
anticipates that the funds provided in this Act will be 
allocated across three broad categories:

        Activity                                                  Amount
Deployment of Coast Guard personnel and assets overseas.    $180,000,000
Military outload security...............................     220,000,000
Targeted increase to homeland security activities 
    related to Operation Liberty Shield.................     230,000,000

                 TARGETED HOMELAND SECURITY ACTIVITIES

    The Committee has included $230,000,000 for additional 
increases related to Operation Liberty Shield in militarily and 
economically strategic ports. This funding may be used for 
additional pay and personnel expenses; increased operational 
tempo and mission costs at strategic ports; transportation, 
reconstitution and recapitalization of assets; improved 
documentation for merchant mariners; and port security and 
vulnerability assessments.

                  EMERGENCY PREPAREDNESS AND RESPONSE


                           Operating Expenses

    The Committee recommendation includes $45,000,000 for 
emergency preparedness and response activities related to 
conducting Operation Liberty Shield. These funds will be used 
to maintain emergency response teams, including urban search 
and rescue teams, at a higher operational level capable of 
deploying within four hours. Funding is available until 
December 31, 2003.
    The Committee recognizes the critical role served by 911 
communications centers and their staffs as first responders 
that Americans turn to in an emergency. Public investment to 
ensure that 911 communications centers are able to receive and 
use E911 and other information is a critical part of improving 
homeland security and should be a priority deserving of 
financial assistance.

           INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION


                           Operating Expenses

    The Committee recommendation includes $10,000,000 for the 
information analysis and infrastructure protection activities 
related to conducting Operation Liberty Shield. Funding is 
available until December 31, 2003. The Committee has also 
directed the Secretary of Homeland Security to notify the 
Committees on Appropriations 15 days before obligation of these 
funds.

                    GENERAL PROVISIONS--THIS CHAPTER

    Section 1501 requires the Department of Homeland Security 
to promptly and fully inform the Committee when a change in 
program execution and funding is required during the fiscal 
year. To assist the Department in this effort, the following 
guidance is provided for reprogramming, transfer of funds, or 
the use of unobligated balances during fiscal year 2003.
    A reprogramming shall be submitted for any Departmental 
action which (1) creates a new program; (2) eliminates a 
program, project or activity; (3) increases funds for any 
program, project, or activity for which funds have been denied 
or restricted by Congress; (4) deviates significantly from a 
program, project, or activity described in the Department's 
budget justification as presented to and approved by Congress, 
including those justifications submitted to Congress prior to 
the enactment of Public Law 107-296; or (5) proposes to use 
funds directed for a specific activity by either the House or 
Senate Committees on Appropriations for a different purpose.
    A reprogramming shall be submitted if the amount of funds 
to be shifted to or from any program, project, or activity is 
in excess of $5,000,000 or 10 percent, whichever is less.
    Transfers of not to exceed 5 percent of any appropriation 
made available for the current fiscal year for the agencies of 
the Department of Homeland Security may be transferred between 
appropriations, but no such appropriation, except as otherwise 
specifically provided, may be increased by more than 10 percent 
by any such transfers.
    The Department must notify the Committees on Appropriations 
of both Houses of Congress 15 days in advance of such 
reprogrammings and transfers. The Department must also notify 
the Committees at the end of each quarter during the fiscal 
year of all reprogramming actions that have been completed 
during that quarter involving less than $5,000,000 or 10 
percent.
    Clearly stated and detailed documentation presenting 
justification for the reprogramming, transfer, or use of 
unobligated balances shall accompany each request. 
Additionally, each request shall include a declaration that, as 
of the date of the request, none of the funds included in the 
request have been obligated, and none will be obligated, until 
the Committees on Appropriations have approved the request.

                               CHAPTER 6


                DEPARTMENT OF HEALTH AND HUMAN SERVICES


               CENTERS FOR DISEASE CONTROL AND PREVENTION


               Disease Control, Research, and Technology

    The Committee recommendation includes $16,000,000 for the 
Centers for Disease Control and Prevention (CDC) to augment its 
efforts related to Severe Acute Respiratory Syndrome (SARS), a 
respiratory illness of unknown cause. As of March 31, 2003, 
there have been 1,622 cases of SARS and 58 deaths reported to 
the World Health Organization. Fifty-nine cases have occurred 
in the United States. Funds will be used to analyze laboratory 
specimens to identify a cause for SARS and deploy CDC medical 
officers, epidemiologists, infection control specialists, and 
pathologists to support the World Health Organization in the 
global investigation. In addition, funds will support the 
distribution of health alert notices to travelers who may have 
been exposed to cases of SARS, assist state and local health 
departments in investigating possible cases of SARS in the 
United States, and provide safe specimen-handling guidelines to 
laboratories.

                        OFFICE OF THE SECRETARY


            Public Health and Social Services Emergency Fund

    The Committee recommendation includes $94,000,000 within 
the Public Health and Social Services Emergency Fund for the 
Centers for Disease Control and Prevention to assist state and 
local health authorities with the costs associated with the 
civilian smallpox vaccination program. The Committee intends 
that these supplemental funds be used to augment funding 
already available in fiscal year 2003 for State and local 
preparedness.
    In addition, the Committee recommendation includes 
$50,000,000 for costs associated with compensating individuals 
who volunteer to receive smallpox vaccinations and experience 
serious adverse effects. Funds recommended for smallpox vaccine 
compensation are available only upon enactment of legislation 
authorizing a smallpox vaccination compensation program and are 
available until expended.

                    GENERAL PROVISIONS--THIS CHAPTER

    The Committee recommendation amends a provision of the 
Social Security Act for fiscal year 2003 to remove the 
$1,000,000 statutory cap on funds used to provide assistance to 
US citizens and their dependents returning from foreign 
countries who have been determined by the Department of State 
to be destitute, mentally ill, or requiring emergency 
evacuation due to threatened armed conflict, civil strife or 
natural disasters.

                               CHAPTER 7


                           LEGISLATIVE BRANCH


                        HOUSE OF REPRESENTATIVES


                          Committee Employees


                Standing Committees, Special and Select

    The committee recommends $11,000,000 for the select 
committee on Homeland Security authorized by House Resolution 
5, adopted January 7, 2003.

                             CAPITOL POLICE


                            General Expenses

    The committee recommends $37,758,000 for increasing 
emergency costs of the security requirements for the United 
States Capitol Complex related to protecting the occupants and 
visitors.

                          OFFICE OF COMPLIANCE


                         Salaries and Expenses

    The committee recommends $111,000 to cover contracted 
services of hearings officers and mediators for the increasing 
number of hearings.

                        ARCHITECT OF THE CAPITOL


                  Capitol Police Buildings and Grounds

    The committee recommends $63,868,000 for the property 
purchase, design, and the beginning of construction for a new 
Capitol Police headquarters.

                          LIBRARY OF CONGRESS


                         Salaries and Expenses

    The committee recommends $5,500,000 to implement a public 
address system for the Library's buildings to assure effective 
communications in all emergency situations.

                     Congressional Research Service

    The committee recommends $1,863,000 to support the 
planning, design, and implementation of the Congressional 
Research Service portion of the alternate computer facility.

                       GENERAL ACCOUNTING OFFICE


                         Salaries and Expenses

    The committee recommends $4,900,000 to support the 
implementation of important security enhancements required 
within the GAO facility.

                               CHAPTER 8


                         DEPARTMENT OF DEFENSE


                         MILITARY CONSTRUCTION


                      Military Construction, Navy

    The Committee recommends $48,100,000 for Military 
Construction, Navy, as requested by the President. This funding 
provides long-term facilities to support the interrogation and 
military commission operations at Guantanamo Bay Naval Station 
in Cuba.

                    Military Construction, Air Force

    The Committee recommends $5,100,000 for Military 
Construction, Air Force, instead of $129,400,000 as proposed by 
the President. Of this amount, $3,200,000 is provided to 
construct an explosive ordnance pad in Diego Garcia, and 
$1,900,000 is provided to plan and design a facility for 
coalition members in the war against terrorism at the United 
States Central Command, and to complete design of the explosive 
ordnance pad in Diego Garcia.
    The Committee recommends against including $25,000,000, as 
requested by the President, for the construction of a parallel 
taxiway at a classified location. The amount is no longer 
needed because the project--already under construction--has 
been financed with operation and maintenance funds.
    Likewise, the Committee recommends against including 
$11,000,000 to construct a C-130 Aircraft Parking Apron at a 
classified location. This project is no longer a requirement 
and was included in the Supplemental erroneously.
    Finally, the President's request of $85,100,000 for the 
construction of billeting and community center facilities at a 
classified location is not included in the recommendation. The 
Committee's recommendation, however, is without prejudice, 
recognizing both geopolitical considerations and the fact that 
the project is a legitimate requirement. Nonetheless, it is 
imprudent for the Committee to include appropriations for the 
facility given the lack of consensus by various components at 
DOD about the mission, the force structure, the underlying 
military construction requirement, and the cost of the 
facility. The Committee urges DOD to resolve these differences 
and to report back to the Committee prior to finalizing a 
conference agreement.

          Family Housing Operation and Maintenance, Air Force

    Typhoon Pongsona struck Andersen AFB, in Guam, on December 
8, 2002, with sustained winds of 180 miles per hour. Estimates 
of $115,900,000 are required to return the installation to full 
mission capability and improve quality of life for assigned 
personnel. Though not requested by the President, the Committee 
recommends appropriating $1,800,000 to repair family housing 
and air conditioning units damaged by Typhoon Pongsona.
    A component of the total repair requirement is the 
construction of typhoon proof hangars. This requirement is 
critical because Andersen AFB is an essential ``land bridge'' 
into and through the Southwest Asia area of responsibility and 
is designated as a future beddown site for bomber, tanker, 
surveillance, and fighter aircraft. The Committee understands 
the strategic importance of the installation and urges the 
Department to program funds for a new hangar as quickly as 
possible.

                    GENERAL PROVISIONS--THIS CHAPTER

    This chapter contains two provisions.
    Section 1801 limits unauthorized military construction 
projects from being constructed with Defense Emergency Response 
Funds. The Committee directs the Department's attention to 
section 2804 of title 10, United States Code, which allows the 
Secretary of Defense to carry out military construction 
projects not otherwise authorized by law if the Secretary 
determines that deferral of the project for inclusion in the 
next Military Construction Authorization Act would be 
inconsistent with national security or national interest. 
Consistently, the Department fails to request more than 
$10,000,000 for this contingency construction account in any 
given fiscal year. The Committee strongly urges the Department 
to consider utilizing this provision of law for the purpose of 
covering unforeseeable, but strategically necessary, 
contingency projects.
    Section 1802 prohibits the Department of Defense from using 
operation and maintenance funds for military construction 
projects unless proper notification is provided.
    The Committee recommends against including a provision to 
give the Department authority to use any funds appropriated in 
this act for military construction relating to terrorism.

                    TITLE II--TECHNICAL CORRECTIONS

    The Committee has included a technical correction to the 
State and Tribal Wildlife Grants program in Division F of 
Public Law 108-7. The correction specifies that $5,000,000 is 
to be deducted for a tribal program prior to subsequent 
distribution of funds. This is consistent with the amount 
appropriated for that purpose. There is no change to the amount 
appropriated for the tribal portion of the program or to the 
overall appropriated amount.
    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 II of Division G, under 
the heading ``Health Resources and Services''
          --the provision specifying $200,000 for the U.S. and 
        Developing Country Medical Centers Program for the 
        linking of U.S. academic medical centers with 
        developing country medical centers to facilitate mutual 
        capacity building through the exchange of clinicians 
        between the two institutions so that care providers in 
        the developing world can learn, first hand, from those 
        in the U.S. who are most experienced in AIDS care shall 
        be deleted;
          --the provision specifying La Crosse Medical Health 
        Science Consortium to establish virtual health centers 
        shall be deemed to read as follows: ``La Crosse Medical 
        Health Science Consortium in La Crosse, Wisconsin to 
        establish virtual health centers in eight counties'';
          --the provision specifying Children's Hospital 
        Central California for construction of the Pediatric 
        Trauma Unit shall be deemed to read as follows: 
        ``Children's Hospital Central California in Fresno, CA 
        for construction of the Pediatric Trauma Unit''; and
          --the provision specifying $1,630,000 for the 
        Geisinger Health System, Harrisburg, PA, for the Rural 
        PA Stroke Care Partnership shall be deemed to read: 
        ``Geisinger Health System, Harrisburg, PA, for the 
        Rural PA Stroke Care Partnership, $630,000''.
    The Committee recommends transferring $800,000 from the 
health care and other facilities construction program to the 
telehealth grant program. These funds are to be used to support 
the Children's Hospital and Regional Medical Center of Seattle, 
Washington and the University of Nebraska Medical Center in 
Omaha, Nebraska. The Committee also recommends transferring 
$225,000 from the health care and other facilities construction 
program to program management for the Mental Health Association 
of Tarrant County, Ft. Worth, Texas to provide school-based 
mental health education to schools in the county. The Committee 
further recommends transferring $490,000 from the health care 
and other facilities construction program to the rural outreach 
program for First Health of the Carolinas, Inc., Pinehurst, 
North Carolina. The Committee recommends transferring $200,000 
from the Rural Health Outreach Grants program to Program 
Administration for the University of California, San Francisco 
for a Developing Country Medical Program to facilitate 
clinician exchange between the United States and developing 
countries.
    The Committee intends that changes in the amounts provided 
will still be subject to the across the board cut of 0.65 
percent included in Public Law 108-7.
    The Committee recommendation includes a general provision 
making a technical correction to the bill language of the 
Public Health and Social Services Emergency Fundin title II of 
the Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act, 2003 (Public Law 108-7, div. G).
    The Committee recommendation includes a general provision 
making a technical correction to the bill language in Section 
207 in title II of the Departments of Labor, Health and Human 
Services, and Related Agencies Appropriations Act, 2003 (Public 
Law 108-7, div. G).
    The Committee recommendation also includes a new general 
provision making a technical change to language in Section 215 
in title II of the Departments of Labor, Health and Human 
Services, and Related Agencies Appropriations Act, 2003 (Public 
Law 108-7, div. G) regarding international health activities.
    The Committee recommends language making the Math and 
Science Partnerships program a forward funded program to 
reflect the fact that these funds will now be distributed to 
states via a formula. The Committee also makes a technical 
change to the Troops to Teachers program to provide extended 
availability of funds.
    The Committee also recommends technical corrections to 
various projects.
    The Committee intends that the amounts provided will still 
be subject to the across the board cut of 0.65 percent included 
in Public Law 108-7.
    The Committee recommends technical corrections to various 
projects. The Committee intends that the amounts provided will 
still be subject to the across the board cut of 0.65 percent 
included in Public Law 108-7.
    The Committee recommends a technical correction clarifying 
the restrictions on providing stipends to certain volunteers.
    The Committee has included language to provide a deficiency 
appropriation of up to $64,000,000 to liquidate obligations 
incurred in previous years in order to ensure that AmeriCorps 
volunteers receive their earned education award. The 
Administration submitted this request to the Congress on March 
5, 2003.
    The Committee has not included requested language allowing 
transfer authority for up to $50,000,000 from other Corporation 
activities to the National Service Trust and eliminating the 
enrollment limitation of 50,000 volunteers for fiscal year 2003 
contained in Public Law 108-7. The Committee has not changed 
its position that the Corporation needs some time to reform the 
management and financial systems at the Corporation, especially 
in light of the need for a deficiency appropriation this year. 
Once the Corporation demonstrates its ability to manage the 
programs within available resources and account for all program 
activities and resources, the Committee will then be willing to 
entertain proposals to increase the Corporation's enrollment 
and flexibility.
    The Committee has included a technical correction to Public 
Law 108-7 specifying that not less than $2,500,000 of the funds 
appropriated is for financial reform activities in the 
Corporation. Similar language was included in the statement of 
the managers.
    The Committee strikes the prohibition in Section 115 under 
the heading ``Department of Veterans Affairs, Administrative 
Provisions'' in Public Law 108-7 against using funds 
appropriated in the fiscal year 2003 appropriations Act to 
establish four medical emergency preparedness centers as 
authorized in Public Law 107-287.

                TITLE III--GENERAL PROVISIONS--THIS ACT

    The bill includes a provision that limits the availability 
of funds provided in this Act to this fiscal year unless 
expressly provided otherwise.

              HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS


                           Transfer of Funds

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following is submitted describing 
the transfer of funds provided in the accompanying bill.
    Language has been included in Department of Defense--
Military in the ``Operation Iraqi Freedom Response Fund'' which 
provides for the transfer of funds out of and into this 
account.
    Language has been included in Department of Defense--
Military in the ``Natural Resources Risk Remediation Fund'' 
which provides for the transfer of funds out of and into this 
account.
    Language has been included in ``Drug Interdiction and 
Counter-Drug Activities, Defense'' which transfers funds to 
other appropriations accounts of the Department of Defense.
    Language has been included in Department of Defense--
Military in section 1306 which provides general transfer 
authority.
    Language has been included in Department of Defense--
Military in section 1307 regarding drawdown support under the 
Afghan Freedom Support Act which provides for the transfer of 
funds to other appropriations accounts of the Department of 
Defense.
    Language has been included in Department of Defense--
Military in section 1310 which transfers amounts in or credited 
to the Defense Cooperation Account to the ``Operation Iraqi 
Freedom Response Fund''.
    Language has been included in Department of Defense--
Military in section 1313 which transfers the balances of funds 
remaining in the ``Defense Emergency Response Fund'' to the 
``Operation Iraqi Freedom Response Fund''.
    Under ``Operating Expenses of the United States Agency for 
International Development'' not less 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.''
    Under ``Iraq Relief and Reconstruction Fund,'' language has 
been included that provides for the transfer of funds to fully 
reimburse accounts administered by the Department of State and 
the United States Agency for International Development for 
obligations incurred for the purposes provided for Iraq relief 
and reconstruction.
    Under General Provisions, Department of Homeland Security:
    * * * (c) Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the agencies of the 
Department of Homeland Security in this Act or provided in 
previous Appropriations Acts may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by any such transfers: Provided, That any transfer 
pursuant to this section shall be treated as a reprogramming of 
funds and shall not be available for obligation unless the 
Committees on Appropriations of both Houses of Congress are 
notified 15 days in advance of such transfer.

               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of 
the House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill which directly or indirectly change the 
application of existing law.
    Language is included under Bill Emerson Humanitarian Trust 
that prohibits monetization of stocks to purchase different 
commodities for humanitarian aid to Iraq.
    Language is included waiving prior authorization 
requirements for the expenditure of funds by the Department of 
State or the Broadcasting Board of Governors.
    Language has been included for Department of Defense--
Military in ``Operation and Maintenance, Defense-Wide'' which 
appropriates $1,400,000,000 to fund paymentsto key cooperating 
nations providing support to U.S. operations in connection with the 
global war on terrorism.
    Language has been included for Department of Defense--
Military which creates a new appropriations paragraph 
``Operation Iraqi Freedom Response Fund'' which provides 
$59,682,500,000 for costs of military operations in Iraq and 
the global war on terrorism.
    Language has been included for Department of Defense--
Military to create a new appropriations paragraph ``Natural 
Resources Risk Remediation Fund'' which provides funds to 
address emergency fire fighting, and repair of damage to oil 
facilities and related infrastructure.
    Language has been included for Department of Defense--
Military in ``Defense Working Capital Funds'' which provides an 
additional $1,100,000,000 for increased cost of fuel purchases.
    Language has been included for Department of Defense--
Military in ``Drug Interdiction and Counter-Drug Activities, 
Defense'' which provides an additional $34,000,000 for 
Colombia's unified campaign against narcotics trafficking and 
terrorist activities.
    Language has been included for Department of Defense--
Military which restricts the availability of the funds to the 
current fiscal year unless otherwise provided, and provides 
that the terms and conditions set forth in the Department of 
Defense Appropriations Act, 2003 (Public Law 107-248) and 
Making Further Continuing Appropriations for the Fiscal Year 
2003, and for Other Purposes (Public Law 108-7) shall apply to 
this bill.
    Language has been included for Department of Defense--
Military which prohibits the initiation of new start programs 
without prior congressional approval.
    Language has been included for Department of Defense--
Military which prohibits funds to be used to finance 
acquisition programs that will not be fielded within four years 
of enactment of this Act.
    Language has been included for Department of Defense--
Military which provides the Department with additional 
authority for the CINC Initiative Fund.
    Language has been included for Department of Defense--
Military which provides the Department with additional 
authority for extraordinary and emergency expenses in order to 
support emergent requirements associated with the ongoing war 
on terrorism.
    Language has been included for Department of Defense--
Military which amends Section 8005 concerning the Department's 
general transfer authority.
    Language has been included for Department of Defense--
Military which provides $165,000,000 to reimburse applicable 
appropriations for the value of drawdown support provided by 
the Department under the Afghanistan Freedom Support Act of 
2002.
    Language has been included for Department of Defense--
Military concerning funds for intelligence related activities.
    Language has been included for Department of Defense--
Military which authorizes funds to reimburse applicable 
appropriations for the value of support provided by the 
Department under the Iraq Liberation Act of 1998.
    Language has been included for Department of Defense--
Military which provides for the transfer of funds to the 
``Operation Iraqi Freedom Response Fund''.
    Language has been included for Department of Defense--
Military which requires that funds deposited in the ``Natural 
Resources Risk Remediation Fund'' shall be reported to the 
Congress under the same terms and conditions for contributions 
to the ``Defense Cooperation Account'', and the use of 
resources from both accounts shall be subject to the approval 
of the Committees on Appropriations.
    Language has been included for Department of Defense--
Military which requires the Department to notify the 
congressional defense committees prior to the obligation of 
funds appropriated in this chapter for military construction 
activities in excess of $7,500,000.
    Language has been included for Department of Defense--
Military which transfers the balances of funds remaining in the 
``Defense Emergency Response Fund'' to the ``Operation Iraqi 
Freedom Response Fund''.
    Changes in application of existing law (including 
identification of rescissions and transfers):
    Under ``International Disaster Assistance'' funds 
appropriated may be 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 and shall be 
in addition to the amount that may be obligated in any fiscal 
year under that section. Additionally during the remainder of 
fiscal year 2003 this authority may not be utilized unless 
written notice has been provided to the Committees on 
Appropriations not less than five days prior to the proposed 
obligation.
    Under ``Economic Support Fund'', not less than $700,000,000 
shall be made available for assistance to Jordan. $300,000,000 
shall be made available for grants for Egypt and is to remain 
available until September 30, 2005. In addition during the 
period beginning March 1, 2003 and ending September 30, 2005, 
not more than $2,000,000 in loan guarantees may be made to 
Egypt and the Government of Egypt will incur all costs, as 
defined in section 502 of the Federal Credit Reform Act of 
1990. Not to exceed $1,000,000,000 may be made available for 
grants for Turkey and is to remain available until September 
30, 2005. In addition during the period beginning March 1, 2003 
and ending September 30, 2005, direct loans orloan guarantees 
may be made available to Turkey, in an amount not to exceed 
$8,500,000,000 provided the Government of Turkey incurs all costs, as 
defined in section 502 of the Federal Credit Reform Act of 1990 
associated with these loans or loan guarantees, although funds made 
available under Economic Support Fund and other funds appropriated to 
carry out chapter 4 of part II of the Foreign Assistance Act of 1961 
and made available for assistance for Turkey may be used by the 
Government of Turkey to pay such fees to the United States Government. 
None of the funds may be made available for assistance for Turkey until 
the Secretary of State determines and reports the Government of Turkey 
in cooperating with the United States in Operation Iraqi Freedom. The 
President shall determine the terms and conditions for issuing the 
economic assistance authorized by this paragraph, and if the President 
determines that these terms and conditions have been breached, the 
President may suspend or terminate the provision of all or part of such 
economic assistance not yet outlayed under this paragraph. Language is 
included that provides not to exceed $5,000,000 may be available for 
administrative expenses of the Islamic Partnership and Outreach 
program; and funds made available for the Islamic Partnership and 
Outreach program and other regional programs are subject to the regular 
notification procedures.
    Under ``Iraq Relief and Reconstruction Fund'' funds are 
made available for humanitarian assistance in and around Iraq 
and for rehabilitation and reconstruction in Iraq for various 
activities and subjects the funds to a 5-days notification. 
Language is included directing that these funds shall be 
apportioned only to the Department of State, the USAID, and the 
Department of Health and Human Services and designates the 
Secretary of State and the Deputy Secretary of State as 
responsible for policy decisions and justifications for the use 
of these funds and does not allow this responsibility to be 
delegated. Language is included allowing these funds to be used 
to fully reimburse accounts administered by the Department of 
State and USAID, that are not reimbursed from other funds 
appropriated by this chapter, for obligations incurred for Iraq 
relief and reconstruction. Language is included to make funds 
appropriated 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.
    Under ``International Narcotics Control and Law 
Enforcement'', and ``Andean Counterdrug Initiative'' funds are 
available until September 30, 2004.
    Under ``United States Emergency Refugee and Migration 
Assistance Fund'', language is included making funds 
appropriated available until expended and notwithstanding 
section 2(c)(2) of the Migration and Refugee Assistance Act of 
1962.
    Under ``Foreign Military Financing Program'', not less than 
$406,000,000 shall be made available for grants only for Jordan 
and $1,000,000,000 shall be available for grants for Israel, 
and 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. Additional 
language is included that funds appropriated are made available 
notwithstanding section 10 of Public Law 91-672 and section 15 
of the State Department Basic Authorities Act of 1956.
    Under ``General Provisions'', assistance or other financing 
under this title may be provided for Iraq notwithstanding any 
other provision of law and shall be subject to the regular 
reprogramming procedures of the Committees on Appropriations 
and section 634A of the Foreign Assistance Act of 1961, except 
subject to notification 5 days in advance of obligation. The 
notification requirements may be waived if failure to do so 
would pose a substantial risk to human health or welfare.
    Under ``General Provisions'', language is included that 
allows the suspension of the application of any provision of 
the Iraq Sanctions Act of 1990 although nothing in this section 
shall affect the applicability of theIran-Iraq Arms Non-
Proliferation Act of 1992. Language is provided that allows the 
President to make inapplicable with respect to Iraq section 620A of the 
Foreign Assistance Act of 1961 or any other provision of law that 
applies to countries that have supported terrorism, although military 
equipment shall not be exported under the authority of the section. 
Language is included that provides that section 307 of the Foreign 
Assistance Act of 1961 shall not apply with respect to programs of 
international organizations for Iraq, and that existing provisions of 
law that direct the United States Government to vote against or to 
oppose loans or other uses of funds, including for financial or 
technical assistance, in international financial institutions for Iraq 
shall not be construed as applying to Iraq. Language is included that 
requires the President to submit a notification 5 days prior to 
exercising any of the authorities described in this section, and in 
addition, 60 days after enactment of this Act and every 90 days 
thereafter the President must submit a report containing a summary of 
all licenses approved for export to Iraq of any item on the Commerce 
Control List contained in the Export Administration Regulations, 15 CFR 
Part 774, Supplement 1, including identification of end users of such 
items. Language is included that provides that the authorities 
contained in this section shall expire on September 30, 2004 or the 
date of enactment of a subsequent Act authorizing assistance for Iraq 
and that specifically amends, repeals or otherwise makes inapplicable 
the authorities of this section, whichever occurs first.
    Under ``General Provisions'', language is included that 
allows the President, notwithstanding any other provision of 
law, to authorize the export to Iraq of any nonlethal military 
equipment controlled under the International Trafficking in 
Arms Regulations on the United States Munitions List 
established pursuant to section 38 of the Arms Export Control 
Act, if the President determines and notifies Congress within 5 
days after export that the export of such nonlethal military 
equipment is in the national interest of the United States. 
Language is included that provides that the authorities 
contained in this section shall expire on September 30, 2004 or 
the date of enactment of a subsequent Act authorizing 
assistance for Iraq and that specifically amends, repeals or 
otherwise makes inapplicable the authorities of this section, 
whichever occurs first.
    Language has been included under Transportation Security 
Administration providing funds for: physical modification of 
airports for installing checked baggage explosive detection 
systems; reimbursement to state and local law enforcement 
offices and the National Guard for increased security measures; 
and port security grants.
    Language has been included under Transportation Security 
Administration providing funds for grants to U.S. flag air 
carriers based on expenses incurred for aviation and passenger 
security.
    Language has been included under Office for Domestic 
Preparedness providing that: 80 percent of funds provided to 
any State shall be allocated to units of local government 
within 45 days; none of the funds may be used for construction 
or renovation of facilities; and section 1014(c)(3) of Public 
Law 107-56 shall not apply to discretionary grants.
    Language has been included under General Provisions 
providing reprogramming and transfer authority.
    Language is included under the Corporation for National and 
Community Service, national and community service programs 
operating expenses providing $2,500,000 to the Office of the 
Chief Financial Officer.

                 Comparison With the Budget Resolution

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives requires an explanation of compliance with 
section 308(a)(1)(A) of the Congressional Budget and 
Impoundment Control Act of 1974 (Public Law 93-344), as 
amended, which requires that the report accompanying a bill 
providing new budget authority contain a statement detailing 
how that authority compares with the reports submitted under 
section 302 of the Act for the most recently agreed to 
concurrent resolution on the budget for the fiscal year from 
the Committee's section 302(a) allocation.
    Prior to the development of this bill the Committee had not 
received increases to its allocation to reflect actual 
appropriations enacted to date. Because of this, any comparison 
to the Committee's current allocation would not provide an 
accurate picture of where the Committee stands relative to 
total discretionary appropriations that have been agreed to by 
Congress and the President.

                      Five-Year Outlay Projections

    In compliance with section 308(a)(1)(B) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the following table contains 
five-year projections associated with the budget authority 
provided in the accompanying bill:

                                                                Millions
Budget Authority........................................          77,936
Outlays:
    2002................................................          41,212
    2003................................................          26,849
    2004................................................           7,341
    2005................................................           1,611
    2006 and beyond.....................................             750

               Assistance to State and Local Governments

    In accordance with section 308(a)(1)(C) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the financial assistance to 
State and local governments is as follows:

                                                                Millions
Budget Authority........................................           2,336
Fiscal Year 2002 outlays resulting therefrom............             372

                        Constitutional Authority

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives states that:

          Each report of a committee on a bill or joint 
        resolution of a public character, shall include a 
        statement citing the specific powers granted to the 
        Congress in the Constitution to enact the law proposed 
        by the bill or joint resolution.

    The Committee on Appropriations bases its authority to 
report this legislation from Clause 7 of Section 9 of Article I 
of the Constitution of the United States of America which 
states:

          No money shall be drawn from the Treasury but in 
        consequence of Appropriations made by law * * *

    Appropriations contained in this Act are made pursuant to 
this specific power granted by the Constitution.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorize funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives, in developing 
funding recommendations.

       Compliance With Clause (3)(e) of Rule XIII (Ramseyer Rule)

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2003

           *       *       *       *       *       *       *



TITLE II

           *       *       *       *       *       *       *



                Operation and Maintenance, Defense-Wide


                     (INCLUDING TRANSFER OF FUNDS)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the 
Department of Defense (other than the military departments), as 
authorized by law, $14,773,506,000, of which not to exceed 
[$25,000,000] $50,000,000 may be available for the CINC 
initiative fund account; and of which not to exceed 
[$34,500,000] $69,000,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or 
authority of the Secretary of Defense, and payments may be made 
on his certificate of necessity for confidential military 
purposes: Provided, That notwithstanding any other provision of 
law, of the funds provided in this Act for Civil Military 
programs under this heading, $750,000 shall be available for a 
grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to 
support the Youth Development and Leadership program and 
Department of Defense STARBASE program: Provided further, That 
none of the funds appropriated or otherwise made available by 
this Act may be used to plan or implement the consolidation of 
a budget or appropriations liaison office of the Office of the 
Secretary of Defense, the office of the Secretary of a military 
department, or the service headquarters of one of the Armed 
Forces into a legislative affairs or legislative liaison 
office: Provided further, That $4,675,000, to remain available 
until expended, is available only for expenses relating to 
certain classified activities, and may be transferred as 
necessary by the Secretary to operation and maintenance 
appropriations or research, development, test and evaluation 
appropriations, to be merged with and to be available for the 
same time period as the appropriations to which transferred: 
Provided further, That any ceiling on the investment item unit 
cost of items that may be purchased with operation and 
maintenance funds shall not apply to the funds described in the 
preceding proviso: Provided further, That the transfer 
authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

           *       *       *       *       *       *       *


TITLE VIII

           *       *       *       *       *       *       *



                          (TRANSFER OF FUNDS)

    Sec. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, 
transfer not to exceed $2,000,000,000 of working capital funds 
of the Department of Defense or funds made available in this 
Act to the Department of Defense for military functions (except 
military construction) between such appropriations or funds or 
any subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided, That such 
authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where 
the item for which funds are requested has been denied by the 
Congress: Provided further, That the Secretary of Defense shall 
notify the Congress promptly of all transfers made pursuant to 
this authority or any other authority in this Act: Provided 
further, That no part of the funds in this Act shall be 
available to prepare or present a request to the Committees on 
Appropriations for reprogramming of funds, unless for higher 
priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where 
the item for which reprogramming is requested has been denied 
by the Congress: Provided further, That a request for multiple 
reprogrammings of funds using authority provided in this 
section must be made prior to [May 31] June 30, 2003: Provided 
further, That section 8005 of the Department of Defense 
Appropriations Act, 2002 (Public Law 10709117) is amended by 
striking ``$2,000,000,000'', and inserting ``$2,500,000,000'' 
[: Provided further, That, in addition to the transfer 
authority provided in this section, and subject to the terms 
and conditions of this section except the limitation in the 
fourth proviso, the Secretary of Defense may, only to meet 
unforeseen fuel costs borne by the Defense Working Capital Fund 
resulting from fuel cost increases and the global war on 
terrorism, transfer up to an additional $500,000,000 of funds 
made available in this Act to the Department of Defense for 
military functions (except military construction), from such 
appropriations or funds or any subdivision thereof, to be 
merged with and to be available for the same purposes, and for 
the same time period, as the appropriation or fund within the 
Defense Working Capital Fund to which transferred]: Provided 
further, That notwithstanding any other provision of law, none 
of the funds provided in this or any other appropriations Act 
for the Department of Defense may be used for the drawdown 
authority in section 202 of the Afghanistan Freedom Support Act 
of 2002 (Public Law 107 09327) prior to notifying the House and 
Senate Committees on Appropriations of the source of funds to 
be used for such purpose.

           *       *       *       *       *       *       *


              SECTION 4 OF THE IRAQ LIBERATION ACT OF 1998


SEC. 4. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN IRAQ.

    (a) Authority To Provide Assistance.--The President may 
provide to the Iraqi democratic opposition organizations 
designated in accordance with section 5 the following 
assistance:
          (1) * * *
          (2) Military assistance.--(A) * * *

           *       *       *       *       *       *       *

          (C) The aggregate value (as defined in section 644(m) 
        of the Foreign Assistance Act of 1961) of assistance 
        provided under this paragraph may not exceed 
        $150,000,000 in fiscal year 2003.

           *       *       *       *       *       *       *


                SECTION 1113 OF THE SOCIAL SECURITY ACT


 ASSISTANCE FOR UNITED STATES CITIZENS RETURNED FROM FOREIGN COUNTRIES

    Sec. 1113. (a) * * *

           *       *       *       *       *       *       *

    (d) The total amount of temporary assistance provided under 
this section shall not exceed $1,000,000 during any fiscal year 
beginning after September 30, [1991] 2003.

           *       *       *       *       *       *       *


  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
RELATED AGENCIES APPROPRIATIONS ACT, 2003

           *       *       *       *       *       *       *



           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES


Office of the Secretary

           *       *       *       *       *       *       *



            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

  For expenses necessary to support activities related to 
countering potential biological, disease and chemical threats 
to civilian populations, $2,246,680,000: Provided, That this 
amount is distributed as follows: Centers for Disease Control 
and Prevention, $1,543,440,000 of which $300,000,000 shall 
remain available until expended for the National Pharmaceutical 
Stockpile; Office of the Secretary, $152,240,000; Health 
Resources and Services Administration; $546,000,000; and the 
Agency for Healthcare Research and Quality, $5,000,000[, to 
remain available until expended]; Provided further, That at the 
discretion of the Secretary, these amounts may be transferred 
between categories subject to normal reprogramming procedures: 
Provided further, That employees of the Centers for Disease 
Control and Prevention or the Public Health Service, both 
civilian and Commissioned Officers, detailed to States, 
municipalities or other organizations under authority of 
section 214 of the Public Health Service Act for purposes 
related to homeland security, shall be treated as non-Federal 
employees for reporting purposes only and shall not be included 
within any personnel ceiling applicable to the Agency, Service, 
or the Department of Health and Human Services during the 
period of detail or assignment.

           *       *       *       *       *       *       *


              Health Resources and Services Administration


                     HEALTH RESOURCES AND SERVICES

  For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, 
and XXVI of the Public Health Service Act, section 427(a) of 
the Federal Coal Mine Health and Safety Act, title V (including 
section 510), and sections 1128E and 1820 of the Social 
Security Act, the Health Care Quality Improvement Act of 1986, 
as amended, the Native Hawaiian Health Care Act of 1988, as 
amended, the Cardiac Arrest Survival Act of 2000, and the 
Poison Control Center Enhancement and Awareness Act, 
$6,472,630,000, of which [$298,153,000] $296,638,000 shall be 
available for construction and renovation (including equipment) 
of health care and other facilities, and of which $40,000,000 
from general revenues, notwithstanding section 1820(j) of the 
Social Security Act, shall be available for carrying out the 
Medicare rural hospital flexibility grants program under 
section 1820 of such Act: Provided, That of the funds made 
available under this heading, $250,000 shall be available until 
expended for facilities renovations at the Gillis W. Long 
Hansen's Disease Center: Provided further, That in addition to 
fees authorized by section 427(b) of the Health Care Quality 
Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover 
the full costs of operating the National Practitioner Data 
Bank, and shall remain available until expended to carry out 
that Act: Provided further, That fees collected for the full 
disclosure of information under the ``Health Care Fraud and 
Abuse Data Collection Program'', authorized by section 
1128E(d)(2) of the Social Security Act, shall be sufficient to 
recover the full costs of operating the program, and shall 
remain available until expended to carry out that Act: Provided 
further, That no more than $40,000,000 is available for 
carrying out the provisions of Public Law 104-73: Provided 
further, That of the funds made available under this heading, 
$275,138,000 shall be for the program under title X of the 
Public Health Service Act to provide for voluntary family 
planning projects: Provided further, That amounts provided to 
said projects under such title shall notbe expended for 
abortions, that all pregnancy counseling shall be nondirective, and 
that such amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That $719,000,000 shall 
be for State AIDS Drug Assistance Programs authorized by section 2616 
of the Public Health Service Act: Provided further, That of the amount 
provided under this heading, $46,000 is available for Catholic Social 
Services, The Bridge, Wilkes Barre, PA, for abstinence education and 
related services, $500,000 is available for CentraCare Health 
Foundation for administration, St. Cloud, Minnesota, to increase the 
ability of educational institutions to produce nurses in a region with 
high demand, $41,000 is available for Chester County Health Department, 
Chester County Government Services Center, West Chester, PA, for 
abstinence education and related services, $105,000 is available for 
the City of Chester, Bureau of Health, SABER Project, Chester, PA, for 
abstinence education and related services, $86,000 is available for 
George Washington Carver Community Center, Project A.C.E., Norristown, 
PA, for abstinence education and related services, $51,000 is available 
for [Heart Beat, New Bloomfield, PA] Heart Beat, Millerstown, PA, for 
abstinence education and related services, $79,000 is available for 
Keystone Central School District, Central Mountain Middle School East, 
Lock Haven, PA, for abstinence education and related services, $88,000 
is available for Keystone Economic Development Corporation, Johnstown, 
PA, for abstinence education and related services, $92,000 is available 
for L.V.C.P.T.P., St. Luke's Health Network, CHOICE program, Bethlehem, 
PA, for abstinence education and related services, $74,000 is available 
for Lackawanna Trail School District, Factoryville, PA, for abstinence 
education and related services, $112,000 is available for LaSalle 
University, Philadelphia, PA, for abstinence education and related 
services, $111,000 is available for Mercy Hospital of Pittsburgh, 
Pittsburgh, PA, for abstinence education and related services, $136,000 
is available for Neighborhood United Against Drugs, Philadelphia, PA, 
for abstinence education and related services, $23,000 is available for 
New Brighton School District, New Brighton, PA, for abstinence 
education and related services, $1,250,000 is available for 
Northeastern Ohio Universities College of Medicine, Rootstown, Ohio, 
for the Center for Leadership in Public Health and Community Medicine, 
$72,000 is available for Nueva Esperanza, Philadelphia, PA, for 
abstinence education and related services, $72,000 is available for 
Partners in Family and Community Development, Athens, PA, for 
abstinence education and related services, $50,000 is available for 
Potter County Human Services, Roulette, PA, for abstinence education 
and related services, $71,000 is available for Rape and Victim 
Assistance Center of Schuykill County, Pottsville, PA, for abstinence 
education and related services, $82,000 is available for Real 
Commitment, Gettysburg, PA, for abstinence education and related 
services, $101,000 is available for the School District of Lancaster, 
Project IMPACT, Lancaster, PA, for abstinence education and related 
services, $102,000 is available for the School District of 
Philadelphia, Philadelphia, PA, for abstinence education and related 
services, $700,000 is available for the Silver Ring Thing Program, 
Sewickley, Pennsylvania, for expansion of a program promoting 
abstinence, $74,000 is available for the Guidance Center, project 
RAPPORT, Smethport, PA, for abstinence education and related services, 
$109,000 is available for To Our Children's Future with Health, Inc., 
Philadelphia, PA, for abstinence education and related services, 
$136,000 is available for [Tressler Lutheran Services, Harrisburg, PA, 
for abstinence education and related services] DIAKON Lutheran Social 
Ministries, Allentown, PA, for abstinence education and related 
services in Cumberland and Dauphin counties, $84,000 is available for 
Tuscarora Intermediate Unit, Mcveytown, PA, for abstinence education 
and related services, $500,000 is available for the University of 
Akron, Ohio, for a nursing study, $1,000,000 is available for the 
University of Florida, Gainesville, Florida, for Consortium to Promote 
Nursing Faculty, $300,000 is available for the University of Louisville 
Research Foundation, Kentucky, to establish a Center for Cancer Nursing 
Education and Research, $126,000 is available for the Urban Family 
Council, Philadelphia, PA, for abstinence education and related 
services, $41,000 is available for Venago County Area Vo-Tech, Oil 
City, PA, for abstinence education and related services, $136,000 is 
available for Washington Hospital Teen Outreach, Academy for Adolescent 
Health, Washington, PA, for abstinence education and related services, 
$300,000 is available for William Beaumont Hospital, Royal Oak, 
Michigan, for the Beaumont Nurse Anesthesia Education Rural Initiative, 
$136,000 is available for the Women's Care Center of Erie County, Inc., 
Abstinence Advantage Program, Erie, PA, for abstinence education and 
related services, $50,000 is available for York County, Human Life 
Services, Inc., York, PA, for abstinence education and related 
services, $95,000 is available for [Community Ministries of the 
Lutheran Home at Topton, Reading, PA, for abstinence education and 
related services] DIAKON Lutheran Social Ministries of Allentown, PA, 
for abstinence education and related services in Berks county, $50,000 
is available for Clarke College in Dubuque, IA, for the planning of a 
community health center, $700,000 is available for Clinical Pharmacy 
Training Program at University of Hawaii at Hilo, $100,000 is available 
for Family Voices of Iowa in the ASK Resource Center, Des Moines, IA, 
to continue and expand the Family to Family Health Information Center, 
$1,000,000 is available for Iowa Department of Public Health to 
continue the Center for Healthcare Workforce Shortages, $350,000 is 
available for National Healthy Start Association, Baltimore, Maryland, 
to gather and disseminate information on best practices under the 
Healthy Start program and provide technical assistance to Healthy Start 
grantees, $125,000 is available for the Tulsa Coalition for Children's 
Health in Tulsa, Oklahoma, for 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 and $50,000 is available for 
Waianae Coast Community Health Center leadership training: Provided 
further, That, notwithstanding section 502(a)(1) of the Social Security 
Act, not to exceed $115,900,000 is available for carrying out special 
projects of regional and national significance pursuant to section 
501(a)(2) of such Act, of which $500,000 is available for the City of 
Milwaukee Health Department for a pilot program providing health 
services to at-risk children in day care and $10,000 is available for 
the Dane County Neighborhood Child Health Clinic in Madison, Wisconsin, 
to provide child dental services: Provided further, That in addition to 
amounts provided herein, $25,000,000 shall be available from amounts 
available under section 241 of the Public Health Service Act to carry 
out Parts A, B, C, and D of title XXVI of the Public Health Service Act 
to fund section 2691 Special Projects of National Significance: 
Provided further, That $55,000,000 is available for special projects of 
regional and national significance under section 501(a)(2) of the 
Social Security Act, which shall not be counted toward compliance with 
the allocation required in section 502(a)(1) of such Act, and which 
shall be used only for making competitive grants to provide abstinence 
education (as defined in section 510(b)(2) of such Act) to adolescents 
and for evaluations (including longitudinal evaluations) of activities 
under the grants and for Federal costs of administering the grants: 
Provided further, That grants under the immediately preceding proviso 
shall be made only to public and private entities which agree that, 
with respect to an adolescent to whom the entities provide abstinence 
education under such grant, the entities will not provide to that 
adolescent any other education regarding sexual conduct, except that, 
in the case of an entity expressly required by law to provide health 
information or services the adolescent shall not be precluded from 
seeking health information or services from the entity in a different 
setting than the setting in which the abstinence education was 
provided: Provided further, That the funds expended for such 
evaluations may not exceed 3.5 percent of such amount.

           *       *       *       *       *       *       *


SECTION 207 OF THE DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2003


                          (TRANSFER OF FUNDS)

  Sec. 207. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended) which are appropriated for the current 
fiscal year for the Department of Health and Human Services in 
this [or any other] Act may be transferred between 
appropriations, but no such appropriation shall be increased by 
more than 3 percent by any such transfer: Provided, That an 
appropriation may be increased by up to an additional 2 percent 
subject to approval by the House and Senate Committees on 
Appropriations: Provided further, That the Appropriations 
Committees of both Houses of Congress are notified at least 15 
days in advance of any transfer.

           *       *       *       *       *       *       *


TITLE III--DEPARTMENT OF EDUCATION

           *       *       *       *       *       *       *



                      SCHOOL IMPROVEMENT PROGRAMS

  For carrying out school improvement activities authorized by 
titles II, IV, V, VI, and parts B and C of title VII of the 
Elementary and Secondary Education Act of 1965 (``ESEA''); part 
B of title II of the Higher Education Act; the McKinney-Vento 
Homeless Assistance Act; and the Civil Rights Act of 1964, 
[$8,052,957,000] $8,053,507,000, of which [$508,100,000] 
$537,100,000 shall become available October 1, 2002, and shall 
remain available through September 30, 2004, of which 
[$4,132,167,000] $4,233,167,000 shall become available on July 
1, 2003, and remain available through September 30, 2004, and 
of which $1,765,000,000 shall become available on October 1, 
2003, and shall remain available through September 30, 2004, 
for academic year 2003-2004: Provided, That up to $12,000,000 
may be used to carry out section 2345 of the ESEA: Provided 
further, That of the amount made available for subpart 3, part 
C, of title II of the ESEA, $3,000,000 shall be used by the 
Center for Civic Education to implement a comprehensive program 
to improve public knowledge, understanding, and support of the 
Congress and the State legislatures: Provided further, That of 
the funds made available for subpart 2 of part A of title IV of 
the ESEA, $5,000,000, to remain available until expended, shall 
be for the Project School Emergency Response to Violence 
program to provide education-related services to local 
educational agencies in which the learning environment has been 
disrupted due to a violent or traumatic crisis: Provided 
further, That $75,000,000 for continuing and new grants to 
demonstrate effective approaches to comprehensive school reform 
shall be allocated and expended in the same manner as the funds 
provided under the Fund for the Improvement of Education for 
this purpose were allocated and expended in fiscal year 2002: 
Provided further, That $162,000,000 shall be available to 
support the activities authorized under subpart 4 of part D of 
title V of the ESEA, of which up to 5 percent shall become 
available October 1, 2002, for evaluation, technical 
assistance, school networking, peer review of applications, and 
program outreach activities and of which not less than 95 
percent shall become available on July 1, 2003, and remain 
available through September 30, 2004, for grants to local 
educational agencies: Provided further, That funds made 
available to local educational agencies under this subpart 
shall be used only for activities related to establishing 
smaller learning communities in high schools: Provided further, 
That funds made available to carry out part C of title VII of 
the ESEA may be used for construction: Provided further, That 
funds made available to carry out part B of title VII of the 
ESEA may be used for construction, renovation and modernization 
of any elementary school, secondary school, or structure 
related to an elementary school or secondary school, run by the 
Department of Education of the State of Hawaii, that serves a 
predominantly Native Hawaiian student body: Provided further, 
That $387,000,000 shall be for subpart 1 of part A of title VI 
of the ESEA: Provided further, That no funds appropriated under 
this heading may be used to carry out section 5494 under the 
Elementary and Secondary Education Act: Provided further, That 
[$814,660,000] $815,210,000 shall be available to carry out 
part D of title V of the ESEA: Provided further, That 
[$212,160,000] $212,710,000 of the funds for subpart 1, part D 
of title V of the ESEA shall be available for the projects and 
in the amounts specified in the statement of the managers on 
the conference report accompanying this Act.

           *       *       *       *       *       *       *


                            HIGHER EDUCATION

  For carrying out, to the extent not otherwise provided, 
section 121 and titles II, III, IV, V, VI, and VII of the 
Higher Education Act of 1965 (``HEA''), as amended, section 
1543 of the Higher Education Amendments of 1992, title VIII of 
the Higher Education Amendments of 1998, and the Mutual 
Educational and Cultural Exchange Act of 1961, [$2,100,701,000] 
$2,100,151,000, of which $3,000,000 for interest subsidies 
authorized by section 121 of the HEA, shall remain available 
until expended: Provided, That $10,000,000, to remain available 
through September 30, 2004, shall be available to fund 
fellowships for academic year 2004-2005 under part A, subpart 1 
of title VII of said Act, under the terms and conditions of 
part A, subpart 1: Provided further, That $1,000,000 is for 
data collection and evaluation activities for programs under 
the HEA, including such activities needed to comply with the 
Government Performance and Results Act of 1993: Provided 
further, That notwithstanding any other provision of law, funds 
made available in this Act to carry out title VI of the HEA and 
section 102(b)(6) of the Mutual Educational and Cultural 
Exchange Act of 1961 may be used to support visits and study in 
foreign countries by individuals who are participating in 
advanced foreign language training and international studies in 
areas that are vital to United States national security and who 
plan to apply their language skills and knowledge of these 
countries in the fields of government, the professions, or 
international development: Provided further, That up to 1 
percent of the funds referred to in the preceding proviso may 
be used for program evaluation, national outreach, and 
information dissemination activities: Provided further, That 
[$140,599,000] $140,049,000 of the funds for part B of title 
VII of the Higher Education Act of 1965 shall be available for 
the projects and in the amounts specified in the statement of 
the managers on the conference report accompanying this Act.

           *       *       *       *       *       *       *


TITLE IV--RELATED AGENCIES

           *       *       *       *       *       *       *



             Corporation for National and Community Service


        DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

  For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic 
Volunteer Service Act of 1973, as amended, $356,205,000: 
Provided, That none of the funds made available to the 
Corporation for National and Community Service in this Act 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 shall be used to provide stipends or other monetary 
incentives to volunteers or volunteer leaders whose incomes 
exceed 125 percent of the national poverty level.

           *       *       *       *       *       *       *


           *       *       *       *       *       *       *


 SECTION 336 OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2003

    Sec. 336. For the purpose of any applicable law, for fiscal 
year 2003, the City of Norman, Oklahoma, shall be considered to 
be part of the Oklahoma City [Transportation Management] 
Urbanized Area.

                                      APPROPRIATIONS NOT AUTHORIZED BY LAW
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                    Appropriation
                                                       Last year of  Authorization   in last year  Appropriation
                   Agency/program                     authorization      level            of        in this bill
                                                                                    authorization
----------------------------------------------------------------------------------------------------------------
Department of Justice:
    Counterterrorism Fund...........................           2003         35,000          1,000         50,000
    Federal Bureau of Investigation.................           2003      4,322,662      4,153,134        398,862
Department of State: Administration of Foreign                 2001      4,162,950      4,777,175        243,628
 Affairs............................................
Broadcasting Board of Governors.....................           2001        467,229        467,229         30,500
Department of Defense--Military:
    Operation and Maintenance, Defense-Wide.........           2003     14,145,310     14,773,506      1,400,000
    Operation Iraqi Freedom Response Fund...........            n/a              0              0     59,682,500
    Defense Working Capital Funds...................           2003        387,156      1,784,956      1,100,000
    Drug Interdiction and Counter-Drug Activities,             2003        859,907        881,907         34,000
     Defense........................................
    Sec. 307. Afghan National Army..................           2003              0              0        165,000
    Sec. 310. Defense Cooperation Account...........           2003              0              0         28,000
----------------------------------------------------------------------------------------------------------------

MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 2003, AND 
                           FOR OTHER PURPOSES


                           (Public Law 108-7)


  DIVISION K-VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
                INDEPENDENT AGENCIES APPROPRIATIONS 2003

    Sec. 115. None of the funds in this Act may be used to 
implement section[s 2 and] 5 of Public Law 107-287.

           *       *       *       *       *       *       *


----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Child Survival and Health         Population (1987);   Population           Population               $40,000,000
 Programs Fund (See note below).   Health and Disease   ($290,000,000);      ($234,625,000);
                                   Prevention (1987);   Health and Disease   Health and
                                   Child Survival       Prevention           Disease
                                   Fund (1987); HIV/    ($180,000,000);      Prevention
                                   AIDS (2002).         Child Survival       ($166,762,500);
                                                        Fund                 Child Survival
                                                        ($75,000,000); HIV/  Fund
                                                        AIDS                 ($75,000,000);
                                                        ($300,000,000).      HIV/AIDS
                                                                             ($475,000,000 in
                                                                             fy2002, of which
                                                                             $435,000,000 in
                                                                             this account).
International Disaster            1987...............  $25,000,000........  $70,000,000.......       160,000,000
 Assistance.
Operating expenses of the United  1987...............  $387,000,000.......  $340,000,000......       $23,000,000
 States Agency for International
 Development.
Economic Support Fund...........  1987...............  $3,800,000,000.....  $3,555,000,000....     2,342,000,000
Iraq Relief and Reconstruction    None...............    .................    ................     2,483,300,000
 Fund.
International Narcotics Control   1994...............  $171,500,000.......  $100,000,000......        25,000,000
 and Law Enforcement.
Andean Counterdrug Initiative...  None...............    .................    ................        34,000,000
Nonproliferation Anti-terrorism,  None...............    .................    ................        28,000,000
 demining and related programs
 (See note below).
Foreign Military Financing        2002...............  $3,627,000,000.....  $3,650,000,000....     2,059,100,000
 Program.
Peacekeeping operations.........  1999...............  $83,000,000........  $76,500,000.......       115,000,000
Federal Law Enforcement Training  N/A................  N/A................  N/A...............             2,000
 Center.
Transportation Security           N/A................  N/A................  N/A...............         3,178,300
 Administration: grants to Air
 Carrier.
Smallpox Vaccine Compensation     N/A................  N/A................  N/A...............            50,000
 Program.
Department of Defense--Military:
    Military Construction, Navy.  2003...............  1,297,298..........  1,305,128.........            48,100
    Military Construction, Air    2003...............  1,044,277..........  1,080,247.........             5,100
     Force.
    Family Housing Operation and  2003...............  854,268............  863,050...........             1,800
     Maintenance, Air Force.
----------------------------------------------------------------------------------------------------------------

    Note.--Programs recommended herein under ``Child Survival 
and Health Programs Fund'' were last authorized under a 
different account structure than that recommended in this bill; 
the account structure included a number of functional accounts, 
as described above.
    Note.--Programs recommended herein under 
``Nonproliferation, Anti-terrorism, Demining, and Related 
Programs'' include some major programs for which authorizations 
of appropriations were provided for fiscal year 2003; these 
programs include $64,200,000 authorized for anti-terrorism 
assistance and $162,000,000 authorized for nonproliferation 
activities. In addition, some programs now in this account were 
previously in accounts that had authorizations of 
appropriations in prior years.
                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                             ROLLCALL NO. 1

    Date: April 1, 2003.
    Measure: Emergency Wartime Supplemental Appropriations 
Bill, FY 2003.
    Motion by: Mr. Obey.
    Description of motion: To add $2,490,000,000 to the bill 
for various defense and homeland security activities.
    Results: Rejected 28 yeas to 35 nays.
        Members Voting Yea            Members Voting Nay
Mr. Berry                           Mr. Aderholt
Mr. Bishop                          Mr. Bonilla
Mr. Boyd                            Mr. Crenshaw
Mr. Clyburn                         Mr. Culberson
Mr. Cramer                          Mr. Cunningham
Ms. DeLauro                         Mr. Doolittle
Mr. Dicks                           Mrs. Emerson
Mr. Edwards                         Mr. Frelinghuysen
Mr. Farr                            Mr. Goode
Mr. Fattah                          Ms. Granger
Mr. Hinchey                         Mr. Hobson
Mr. Hoyer                           Mr. Istook
Mr. Jackson                         Mr. Kingston
Ms. Kaptur                          Mr. Kirk
Ms. Kilpatrick                      Mr. Knollenberg
Mrs. Lowey                          Mr. Kolbe
Mr. Mollohan                        Mr. LaHood
Mr. Moran                           Mr. Latham
Mr. Murtha                          Mr. Lewis
Mr. Obey                            Mr. Nethercutt
Mr. Olver                           Mrs. Northup
Mr. Pastor                          Mr. Peterson
Mr. Price                           Mr. Regula
Mr. Rothman                         Mr. Rogers
Ms. Roybal-Allard                   Mr. Sherwood
Mr. Sabo                            Mr. Simpson
Mr. Serrano                         Mr. Sweeney
Mr. Visclosky                       Mr. Tiahrt
                                    Mr. Vitter
                                    Mr. Walsh
                                    Mr. Wamp
                                    Mr. Weldon
                                    Mr. Wicker
                                    Mr. Wolf
                                    Mr. Young
                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                             ROLLCALL NO. 2

    Date: April 1, 2003.
    Measure: Emergency Wartime Supplemental Appropriations 
Bill, FY 2003.
    Motion by: Mr. Nethercutt.
    Description of motion: To prohibit funds in the Act for 
procuring goods and services from any corporation or other 
business entity organized under the laws of a country that is a 
member of the United Nations Security Council and that publicly 
expressed opposition to the provisional Security Council 
resolution regarding Iraq introduced by Spain, the United 
Kingdom, and the United States on March 7, 2003, and to permit 
a Presidential waiver of said prohibition.
    Results: Rejected 27 yeas to 35 nays.
        Members Voting Yea            Members Voting Nay
Mr. Aderholt                        Mr. Berry
Mr. Bonilla                         Mr. Bishop
Mr. Crenshaw                        Mr. Boyd
Mr. Culberson                       Mr. Clyburn
Mr. Cunningham                      Mr. Cramer
Mr. Doolittle                       Ms. DeLauro
Mr. Edwards                         Mr. Dicks
Mrs. Emerson                        Mr. Farr
Mr. Goode                           Mr. Fattah
Ms. Granger                         Mr. Frelinghuysen
Mr. Istook                          Mr. Hinchey
Mr. Kingston                        Mr. Hobson
Mr. Kirk                            Mr. Hoyer
Mr. LaHood                          Mr. Jackson
Mr. Latham                          Ms. Kaptur
Mr. Nethercutt                      Mr. Knollenberg
Mrs. Northup                        Mr. Kolbe
Mr. Peterson                        Mr. Lewis
Mr. Rogers                          Mrs. Lowey
Mr. Sweeney                         Mr. Mollohan
Mr. Taylor                          Mr. Moran
Mr. Tiahrt                          Mr. Murtha
Mr. Vitter                          Mr. Obey
Mr. Wamp                            Mr. Olver
Mr. Weldon                          Mr. Pastor
Mr. Wicker                          Mr. Price
Mr. Wolf                            Mr. Regula
                                    Mr. Rothman
                                    Ms. Roybal-Allard
                                    Mr. Sabo
                                    Mr. Serrano
                                    Mr. Sherwood
                                    Mr. Simpson
                                    Mr. Walsh
                                    Mr. Young
                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each roll call 
vote on an amendment or on the motion to report, together with 
the names of those voting for and those voting against, are 
printed below:

                             ROLLCALL NO. 3

    Date: April 1, 2003.
    Measure: Emergency Wartime Supplemental Appropriations 
Bill, FY 2003.
    Motion by: Mr. Regula.
    Description of motion: To report the bill, to authorize the 
Chairman to seek a rule on such terms and conditions as he may 
deem appropriate, and to authorize the Chairman to move that 
the House disagree to the amendments of the Senate and agree to 
the conference requested by the Senate on the reported bill.
    Results: Adopted 59 yeas to 0 nays.
        Members Voting Yea            Members Voting Nay
Mr. Aderholt
Mr. Berry
Mr. Bishop
Mr. Bonilla
Mr. Boyd
Mr. Clyburn
Mr. Crenshaw
Mr. Culberson
Ms. DeLauro
Mr. Dicks
Mr. Edwards
Mrs. Emerson
Mr. Farr
Mr. Fattah
Mr. Frelinghuysen
Mr. Goode
Ms. Granger
Mr. Hinchey
Mr. Hobson
Mr. Hoyer
Mr. Istook
Mr. Jackson
Ms. Kaptur
Ms. Kilpatrick
Mr. Kirk
Mr. Knollenberg
Mr. Kolbe
Mr. Latham
Mr. Lewis
Mrs. Lowey
Mr. Mollohan
Mr. Moran
Mr. Murtha
Mr. Nethercutt
Mrs. Northup
Mr. Obey
Mr. Olver
Mr. Pastor
Mr. Peterson
Mr. Price
Mr. Regula
Mr. Rogers
Mr. Rothman
Ms. Roybal-Allard
Mr. Sabo
Mr. Serrano
Mr. Sherwood
Mr. Simpson
Mr. Sweeney
Mr. Taylor
Mr. Tiahrt
Mr. Visclosky
Mr. Vitter
Mr. Walsh
Mr. Wamp
Mr. Weldon
Mr. Wicker
Mr. Wolf
Mr. Young



                      ADDITIONAL VIEWS BY MR. OBEY

    This in many respects is a good bill. It provides the 
resources necessary to support our fighting men and women in 
the field in a timely manner. It does so in a way that protects 
the constitutional responsibilities and prerogatives of the 
Congress as a coequal branch of the government. Finally, in 
producing it, the committee rejected efforts to interfere with 
the President's prerogatives in the execution of foreign 
policy.
    But this bill also represents yet another missed 
opportunity to address pressing unmet needs for protection of 
the American people from terrorist attacks. While the committee 
made some useful improvements in funding homeland security 
needs within the limits proposed by the White House there are 
numerous critical needs that should have been addressed and 
were not.
    That is deeply disturbing because it is important that we 
not only do the right thing in securing the homeland but that 
we do it in a timely manner. Unless, the funding levels 
contained in this bill for protecting citizens here at home are 
increased in the full House or agreed to in conference with the 
Senate, we will delay for months and perhaps longer the 
implementation of numerous simple straightforward steps that we 
should be taking to prevent future catastrophic attacks against 
the American people.
    The amendment that I asked the committee to consider would 
have added $2.5 billion in total spending to the bill that was 
reported, an increase of about 3%. Those funds would have been 
distributed amongst twenty-one separate programs in which 
current funding levels will simply not permit government 
agencies to perform the tasks that our nation's safety 
requires.
    These are some of the issues that the amendment would have 
addressed:
Stopping Nuclear Materials From Being Smuggled Into the United States
    While it is unlikely that any terrorist organization has 
the capacity at this time to attack the United States with a 
ballistic missile, it is quite likely that a terrorist 
organization that gained control of a nuclear, chemical or 
biological weapon could smuggle that weapon into the United 
States across our Northern or Southern border or by boat. 
Perhaps the greatest challenge we face is monitoring the more 
than 20,000 shipping containers that enter the United States 
each day.
    Remarkable new technology allows us to determine if any 
vessel in a port contains nuclear material through the 
installation of a single piece of equipment in that port. By 
placing such equipment in ports overseas we can determine 
whether or not a vessel is free of nuclear materials before it 
even leaves for our shores rather than when it has entered a 
U.S. port. One such piece of equipment is now being deployed by 
the U.S. Departmentof Energy in the Port of Rotterdam, which 
accounts for the largest percentage of shipments into the United States 
of any port in the world.
    The Department of Energy believes that we could install 
such equipment in an additional nine ports for the cost of $135 
million. That would provide us with coverage of more than half 
of all commercial shipping into the United States. It is almost 
inconceivable that the Congress would reject these funds given 
the amounts being spent for efforts that provide far less 
security.

Strengthening Security of Our Own Nuclear Materials

    Another grave concern is the possibility that terrorists 
might gain control of nuclear materials stored here in the 
United States. The Department of Energy, which is responsible 
for the storage of such materials, has identified security 
upgrades that it argues are critical for insuring that these 
materials don't get into the wrong hands. Those upgrades cost 
$87 million and are not contained in the bill reported by the 
committee.

Securing Nuclear Materials Overseas

    Russia and a number of other nations have developed the 
technology to create nuclear materials and weapons but continue 
to have large amounts of these materials and weapons that are 
highly vulnerable to theft and resale to terrorists or rogue 
nations. We have maintained an ongoing program to help the 
Russians secure their nuclear stockpiles but have not developed 
similar efforts in other countries.
    In addition, nearly every country in the world uses 
radioactive materials for peaceful purposes including medicine, 
agricultural research and industrial applications. The 
possibility of using such materials for construction of a so-
called ``dirty bomb'' makes the development of new worldwide 
standards for the shipment, securing and disposal of these 
materials a matter of the highest priority. That effort is not 
likely to proceed at a rapid pace unless the United States 
plays a leading role. That job falls to the U.S. Department of 
Energy but there are no funds appropriated to the Department 
for that purpose.
    The cost of addressing both of these objectives would total 
only $18 million.

Providing U.S. Laboratories the Capacity To Cope With a Chemical Weapon 
        Attack

    A year ago we passed a supplemental appropriation that 
provided state public health and environmental laboratories 
with the funds to develop the capacity to identify the agents 
used in the event of a biological attack. We have not, however, 
provided them with the capacity to identify the agents that 
might be used in the event of a chemical attack. The amendment 
that was rejected by the committee would have provided $150 
million for that purpose.

Protecting Federal Dams and Waterways From Terrorist Attacks

    Numerous communities including some major cities face the 
prospect of catastrophic damage and loss of life from an attack 
on federally operated dams and waterways. In addition, attacks 
against waterways such as the Mississippi River could have 
immense economic consequences to the entire nation.
    Following the events of September 11, 2001, the Corps of 
Engineers and the Bureau of Land Management did a specific 
site-by-site analysis of the vulnerability of such facilities 
and the cost of installing adequate security to prevent 
possible attacks. The assessment completed by the Corps of 
Engineers early last year indicated a need for security 
upgrades costing $108 million. That sum was included in the 
Spring supplemental but vetoed by the President when the bill 
reached the White House last summer.
    Since that time the Bureau of Land Management has completed 
its vulnerability assessments and has identified security needs 
totaling $24 million. The amendment that the committee rejected 
contained $132 million to meet the security needs identified by 
the two agencies.
    (See appendix for list of facilities.)

Chemical Plant Vulnerability Assessments

    Only weeks ago, the General Accounting Office completed a 
report indicating that a serious threat is posed by the 
possibility of terrorists targeting U.S. chemical plants. Many 
such plants are located in dense urban areas and any attack 
against them could result in catastrophic loss of life. While 
the responsibility for meeting these security needs lies 
largely with the corporations that operate the plants, the GAO 
points out that the federal government at this point has no 
capacity to determine what security upgrades may be required or 
whether or not chemical producers are taking appropriate steps 
to meet such requirements. The amendment that was rejected 
provided that Environmental Protection Agency with $75 million 
to initiate such assessments.

Protecting Imported Food and Medical Equipment

    A large portion of the food Americans now eat has at least 
some component that is imported. Insuring that such food is not 
health-threatening is an enormous task that is shared by a 
number of federal agencies. As a result of bipartisan efforts, 
resources were provided in 2001 to improve FDA's capacity to 
inspect imported food. But President Bush refused to agree to 
funding in 2002 to improve USDA's import inspections. That 
funding was designed to remedy a serious problem that hampers 
USDA import inspections: the agencies principally responsible 
for monitoring and inspection do not have effective methods of 
communicating with one another concerning what inspections have 
take place, what the results of those inspections have been or 
even whether or not certain shipments have been rejected.
    We also have very limited capacity for monitoring the 
safety and possible contamination of imported medical devices. 
The amendment that was rejected contained $30 million in funds 
for the Food and Drug Administration and the Department of 
Agriculture to address these problems.

Helping Fire, Police and Medical Personnel Help Us

    We currently face the prospect across most of the nation 
that the victims of a chemical, biological or radiological 
attack could not be assisted by local fire, police and medical 
personnel simply because those personnel do not have the 
equipment or training to work in those types of environments. 
This problem has been widely and repeatedly documented. The 
Hart-Rudman report recommended that the federal government 
provide funding to first responders to ``immediately clear the 
backlog of requests for protective gear, training and 
communications equipment.'' The report also concluded ``First 
responders--police, fire and emergency medical personnel--are 
not prepared for a chemical or biological attack . . . 
America's own ill-prepared response could hurt its people to a 
much greater extent than any single attack by a terrorist.'' 
States and local governments have documented over $9 billion in 
first responder needs that have not yet been met.
    The legislation reported by the Committee contains $2.2 
billion for first responders which is available for not only 
meeting the needs outlined in the Hart-Rudman report but also 
for paying the enormous overtime costs that communities around 
the country have faced as a result of meeting the code orange 
threat level mandates. As a result of providing local 
governments with the authority to use funds to cover overtime 
costs, it is very likely that little or any of the funds 
provided by the committee will be used to meet backlog needs.
    The amendment that the committee rejected would have added 
$800 million for the equipment and training needed to let local 
fire, police and medical personnel meet the difficult 
challenges such an attack would entail. Of this amount, $350 
million would have been provided for interoperable 
communications equipment, for the police, fire, and emergency 
response community. Communication problems in disasters have 
been evident for years: in the Air Florida accident over 20 
years ago and more recently in the World Trade Center and 
Pentagon terrorist attacks, where fire and police from 
different states could not communicate with each other over 
their radios. These communication problems hinder the ability 
of our first responders to effectively respond to a disaster. 
Only 40 percent of fire departments can communicate with all of 
their partners. The National Strategy for Homeland Security 
calls for improved public safety emergency communications. 
According to a report issued by the National Task Force on 
Interoperability, at the state level, replacing basic radio 
systems for a single public safety agency can cost between $100 
million and $300 million.
    Also part of this $800 million was $150 million for 
firefighter grants, so that program would be funded in FY 2003 
at its authorized level of $900 million. Firefighter needs 
areenormous. A December 2002, Needs Assessment of the US Fire Service 
found that: fire departments do not have enough portable radios to 
equip more than about half of the emergency responders on a shift; the 
majority of fire department portable radios are not water-resistant, 
and more than three-quarters lack intrinsic safety in an explosive 
atmosphere; about one-third of firefighters per shift are not equipped 
with self-contained breathing apparatus; and nearly half of all fire 
departments have no map coordinate system.
    The last part of the $800 million was $300 million for the 
base Office of Domestic Preparedness program, on top of the $1 
billion appropriated in 2003 and the $2.2 billion contained in 
the Republican supplemental bill. Adding $300 million would 
take the base ODP program to $3.5 billion in FY 2003, equal to 
the original Bush FY 2003 budget request.
    Republican members of the Committee argued that no 
additional funding for first responders was necessary since 
some funding from previous fiscal years remains unspent. Had 
they believed that this argument was valid it would be hard to 
explain why the legislation includes the full $2 billion in 
additional funds requested by the President and an additional 
$200 million for the program added by the committee. As these 
members are well aware, the Bush Administration did not 
distribute the 1999-2002 funds for this program until less than 
six months ago. The best information available to the committee 
indicates that the distribution and obligation of these funds 
is now proceeding rapidly. In addition, the Committee has 
included in this bill a mandate that states pass 80% of the new 
funding on to localities 45 days, so the funds should be spent 
expeditiously.

Getting More Help From the National Guard and Army Reserves

    A critical part of the nation's emergency preparedness has 
always been our ability to rely on National Guard and Army 
Reserve units to back up local fire and law enforcement 
agencies. The need for assistance from such units is obviously 
much greater today than before September 11th.
    Although Congress has authorized ``National Guard Civil 
Support Teams'' in all fifty states, funding has been provided 
for teams in only 32 states. These additional units would be 
available not only for deployment in the states in which they 
are located but to meet emergencies in other states as well. 
The cost of creating, equipping and training such units in the 
18 states in which they do not presently exist would be $160 
million.
    The Army Reserves maintain emergency/deployable medical 
facilities and personnel that could be used to respond to 
disasters created by the use of weapons of mass destruction. 
Shortfalls in the Army Reserve budget for training and 
relocating deployable military hospitals currently limit the 
Reserve's ability to meet this mission. The amendment that was 
rejected by the Committee contained $66 million to meet this 
cost and the $166 million needed to fund National Guard Civil 
Support Teams.

Speeding Up Proposed Expansion of the Coast Guard

    Due to the Coast Guard's significant homeland security and 
defense role, the Administration asked for $580 million in 
supplemental funding and the Committee included $630 million. 
The Administration's and the Republicans supplemental funding 
for the Coast Guard only funds the Coast Guard's operations in 
Iraq and in our ports here. None of this funding is for 
additional staffing or additional security improvements--it's 
basically for costs related to increased operating tempo 
through use of the Coast Guard reserves.
    The President's FY 2004 budget recognizes the need to 
increase Coast Guard personnel and provides for an additional 
2,000 personnel for half of the year. These personnel could be 
brought on board October 1 instead of April of next year as the 
President proposes. The amendment that the committee rejected 
would have provided $100 million to allow the Coast Guard to do 
this.
    Additional Coast Guard personnel are sorely needed and 
should be recruited, trained and placed on duty as quickly as 
possible. In order to increase its homeland security activities 
as a result of the increased terrorist threat, the Coast Guard 
is virtually eliminating many of its other missions. According 
to the General Accounting Office, the Coast Guard is spending 
considerably less time on missions outside of the realm of 
homeland security, such as drug interdiction and fisheries 
enforcement. The Homeland Security Act calls for traditional 
Coast Guard missions to be protected as homeland security 
activities increase--this is not what is happening today and 
the additional resources needed for homeland security should be 
appropriated directly, not borrowed from other Coast Guard 
missions.
    The Amendment would have also provided $90 million to 
expand port and waterway safety systems (PAWSS) at additional 
ports. The Coast Guard and the Navy implemented this system 
recently in the port of Norfolk due to increased threat levels. 
The Coast Guard should implement this system at other ports. 
However, current funding will permit at only one additional 
port, San Diego. The $90 million contained in the amendment 
would expand the PAWSS system to the ports of Boston, 
Charleston, Philadelphia, Jacksonville, Baltimore, Honolulu, 
San Francisco, Los Angeles, Corpus Christi, San Juan and 
Wilmington (NC).

Port Security

    A major problem that must be addressed if we are to 
minimize the threat posed by illicit shipments and activities 
in our ports is greater security in the areas where cargo is 
loaded off of and on to ships. The Coast Guard has estimated 
that first year costs for the necessary security upgrades will 
exceed $900 million and that $4.4 billion will be needed over 
the next ten years. In the current year the Congress has 
provided only $400 million to meet these needs despite the fact 
that local port authorities have made applications for nearly 
$1 billion in federal funds.
    Ninety-five percent of all non-North American U.S. trade 
moves by sea and arrives in 361 ports around the nation. Over 
the past decades, container traffic and energy imports 
increasingly have been concentrated in just a handful of ports, 
making them inviting targets. For instance, 43 percent of all 
the maritime containers that arrived in the U.S. in 2001 came 
through the ports of Los Angeles and Long Beach. As the recent 
West Coast port closures demonstrated, the cost to the economy 
of closing these ports totals approximately 41 billion per day 
for the first five days, rising exponentially thereafter.
    The amendment rejected in Committee would have provided 
$250 million for grants to secure ports.

Greater Security for Our War Fighters and Their Families

    The ongoing event in Iraq will probably make all Americans 
more vulnerable to terrorist attack, at least over the course 
of the next several years. President Mubarak of Egypt has 
recently stated that instead of dealing with one bin Laden we 
may be facing a hundred such individuals because of the 
emotions that have been stirred in the Arab world by the Iraq 
conflict.
    It is not unreasonable to expect that some of that anger 
may be directed against those who have risked the most in this 
conflict, the war fighters. Yet an assessment of U.S. military 
installations indicates that force protection and security is 
well below the levels that it ought to be. The Pentagon has 
identified more than $1 billion in unfunded security needs for 
protecting individual and family housing and other facilities 
on U.S. military installations.
    The amendment that was rejected by the committee would have 
provided $197 million to begin reducing that backlog of 
security needs.

Conclusion

    The amendment also contained a number of smaller but 
nonetheless important items that I don't have the space to 
discuss in detail. Among these were vulnerability assessments 
for local drinking water systems; security upgrades for Amtrak 
tunnels in major East Coast cities; increased security 
arrangements for the Washington, Jefferson, Lincoln monuments 
and the Statue of Liberty; improvement of technology for 
determining the origin of illicit nuclear materials and a small 
increase for the intelligence budget of the Department of 
Energy.
    As stated at the beginning of these views, the total cost 
of the Amendment was less than $2.5 billion. To place that in 
proportion, it would have increases the size of the 
supplemental by less than 3%. It was less than \4/5\ the size 
of the unrequested assistance to U.S. airlines which the 
Speaker directed the Committee to add to the package. It was 
only about \1/3\ the size of the funds provided for payments to 
foreign countries. When added to the sums for homeland security 
already contained in the bill reported by the committee, the 
total amount for protecting the American people would have been 
significantly smaller that the sums provide for foreign 
assistance.
    It should also be noted that during the debate on this 
amendment, I offered to remove any single item that any member 
of the majority objected or believed that it did not represent 
a sufficient priority to be included in the package. I received 
no suggestions.
    The amendment was defeated on a straight party line vote 
that is listed at the back of this report.
    I regret that many of my Republican friends on the 
Committee felt compelled to vote against what they openly 
admitted appeared to be common sense steps to reduce the threat 
and consequences of a terrorist attack because of the demands 
of Party discipline. In a Congress in which each outcome is 
predetermined by leadership decisions that take place in 
advance of formal meeting the role of information and debate in 
the legislative process becomes minimal.
    I find it incredible that those advising the President on 
these matters have so little sensitivity to the necessity of 
addressing these problems and that the members of the 
President's party in Congress seem so incapable of breaking 
ranks with these decisions even when they openly admit that 
they are in personal disagreement.
    Over time, we have made progress in addressing these needs 
despite White House intransigence. The problem is that our 
adversaries are not likely to operate on a timetable that 
accommodates our slow and inconsistent response. The timeliness 
with which the funds are provided to the agencies that have 
responsibility for protecting our own shores is not likely to 
improve until more people become aware of the continued 
exposure and the reason appropriate steps are not being taken.
                                                        David Obey.

            Appendix A, to the Additional Views by Mr. Obey

------------------------------------------------------------------------
                                                              Additional
                                                 $1.5B ODP    $300M for
                  State name                     allocation      ODP
                                                  in bill    included in
                                                              amendment
------------------------------------------------------------------------
Alabama.......................................         25.0          5.0
Alaska........................................         13.2          2.6
Arizona.......................................         28.0          5.6
Arkansas......................................         19.6          3.9
California....................................        119.3         23.9
Colorado......................................         25.1          5.0
Connecticut...................................         21.9          4.4
Delaware......................................         13.7          2.7
Dist of Columbia..............................         13.0          2.6
Florida.......................................         62.7         12.5
Georgia.......................................         37.6          7.5
Hawaii........................................         15.1          3.0
Idaho.........................................         15.4          3.1
Illinois......................................         50.0         10.0
Indiana.......................................         30.2          6.0
Iowa..........................................         20.3          4.1
Kansas........................................         19.6          3.9
Kentucky......................................         23.8          4.8
Louisiana.....................................         25.0          5.0
Maine.........................................         15.2          3.0
Maryland......................................         28.0          5.6
Massachusetts.................................         31.0          6.2
Michigan......................................         42.2          8.4
Minnesota.....................................         26.7          5.3
Mississippi...................................         20.1          4.0
Missouri......................................         28.7          5.7
Montana.......................................         14.1          2.8
Nebraska......................................         16.6          3.3
Nevada........................................         17.9          3.6
New Hampshire.................................         15.2          3.0
New Jersey....................................         37.7          7.5
New Mexico....................................         16.9          3.4
New York......................................         70.2         14.0
North Carolina................................         36.8          7.4
North Dakota..................................         13.2          2.6
Ohio..........................................         46.4          9.3
Oklahoma......................................         22.0          4.4
Oregon........................................         22.1          4.4
Pennsylvania..................................         49.2          9.8
Rhode Island..................................         14.5          2.9
South Carolina................................         23.9          4.8
South Dakota..................................         13.6          2.7
Tennessee.....................................         29.1          5.8
Texas.........................................         78.3         15.7
Utah..........................................         18.4          3.7
Vermont.......................................         13.1          2.6
Virginia......................................         33.7          6.7
Washington....................................         29.9          6.0
West Virginia.................................         16.8          3.4
Wisconsin.....................................         28.0          5.6
Wyoming.......................................         12.8          2.6
Puerto Rico...................................         23.1          4.6
Virgin Islands................................          4.1          0.8
American Samoa................................          3.9          0.8
Guam..........................................          4.2          0.8
No. Mariana Islands...........................          4.0          0.8
                                               -------------------------
      Total...................................        1,500          300
------------------------------------------------------------------------

                                                             
                                                             

           ADDTIONAL VIEWS OF THE HONORABLE MARTIN OLAV SABO

    In this time of war and an uncertain economy, the American 
people must meet new challenges. We must support our troops and 
work to strengthen our economy and homeland defenses. It is a 
time to pull together as a nation, and this means shared 
sacrifice.
    The U.S. airline industry has been particularly hard hit 
since terrorism came to our shores, and the war with Iraq has 
exacerbated their difficult situation. As we endeavor to help 
this vital industry and its tens of thousands of workers with 
the $3.2 billion aid package contained in this bill, it is only 
appropriate to expect airline leaders to share in this burden.
    A simple rule of fairness applies here, and my amendment to 
restrict executive compensation at those airlines that accept 
this new aid was readily approved by the Committee.
    This provision is as simple as it is fair. It states that 
no airline receiving funding under this bill may provide 
compensation--pay, benefits and stock options--to senior 
executives that exceeds the base pay and benefits that they 
received in 2002.
    By ``base pay and benefits,'' I mean base salary and 
regular on-going fringe benefits, such as health coverage. I do 
not mean bonuses, stock options and other creative compensation 
devices that have come to be widely used for executives in 
corporate America.
    I believe that this is a fair price for airline executives 
to pay in exchange for the massive new financial support that 
American taxpayers will provide to help stabilize this 
industry.
    In these difficult times, the American people are doing 
their part to ensure the safety and security of our troops 
abroad, as well as the safety of our communities and our 
economic vitality here at home. Airline executives should do no 
less.
                                                    Martin O. Sabo.