106TH CONGRESS

1ST SESSION H. R. 1559

AN ACT

Making emergency wartime supplemental appropriations for the fiscal year ending September

30, 2003, and for other purposes.

106TH CONGRESS

1ST SESSION H. R. 1559

AN ACT

Making emergency wartime supplemental appropriations for

the fiscal year ending September 30, 2003, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2003, and for other pur4 poses, namely:

5 TITLE I—WAR-RELATED APPROPRIATIONS

6 CHAPTER 1

7 DEPARTMENT OF AGRICULTURE

8 PUBLIC LAW 480 TITLE II GRANTS

9 For an additional amount for ‘‘Public Law 480 Title

10 II Grants’’, $250,000,000, to remain available until ex11 pended.

12 BILL EMERSON HUMANITARIAN TRUST

13 The Secretary of Agriculture shall utilize the funds

14 and authorities of the Commodity Credit Corporation to

15 acquire a quantity of commodities for use in administering

16 the Bill Emerson Humanitarian Trust in an amount equal

17 to the quantity utilized by the Corporation pursuant to

18 the release of March 20, 2003, relating to the use of com19 modities for assistance in Iraq: Provided, That notwith20 standing any other provision of law, monetization of stocks

21 in the Bill Emerson Humanitarian Trust to purchase dif22 ferent commodities for humanitarian aid to Iraq is prohib23 ited.
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1 CHAPTER 2

2 DEPARTMENT OF JUSTICE

3 GENERAL ADMINISTRATION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘General Administra6 tion, Salaries and Expenses’’, $5,000,000, to remain avail7 able until September 30, 2004.

8 COUNTERTERRORISM FUND

9 For an additional amount for ‘‘Counterterrorism

10 Fund’’, $50,000,000, to remain available until December

11 31, 2003: Provided, That funds provided under this para12 graph shall be available only after the Attorney General

13 notifies the Committees on Appropriations of the House

14 of Representatives and the Senate in accordance with sec15 tion 605 of division B of Public Law 108–7.

16 DETENTION TRUSTEE

17 For an additional amount for ‘‘Detention Trustee’’

18 for the detention of Federal prisoners in the custody of

19 the United States Marshals Service, $15,000,000.

20 OFFICE OF INSPECTOR GENERAL

21 For an additional amount for ‘‘Office of Inspector

22 General’’, $2,500,000, to remain available until September

23 30, 2004.
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1 LEGAL ACTIVITIES

2 SALARIES AND EXPENSES, UNITED STATES MARSHALS

3 SERVICE

4 For an additional amount for ‘‘Salaries and Ex5 penses, United States Marshals Service’’ for necessary ex6 penses, $26,080,000, to remain available until September

7 30, 2004.

8 FEDERAL BUREAU OF INVESTIGATION

9 SALARIES AND EXPENSES

10 For an additional amount for ‘‘Federal Bureau of In11 vestigations, Salaries and Expenses’’, $398,862,000, to re12 main available until September 30, 2004.

13 THE JUDICIARY

14 SUPREME COURT OF THE UNITED STATES

15 SALARIES AND EXPENSES

16 For an additional amount for ‘‘Supreme Court of the

17 United States, Salaries and Expenses’’ for police enhance18 ments, $1,535,000, to remain available until September

19 30, 2004.

20 UNITED STATES COURT OF APPEALS FOR THE

21 FEDERAL CIRCUIT

22 SALARIES AND EXPENSES

23 For an additional amount for ‘‘United States Court

24 of Appeals for the Federal Circuit, Salaries and Expenses’’
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1 for court security officer expenses, $973,000, to remain

2 available until September 30, 2004.

3 UNITED STATES COURT OF INTERNATIONAL

4 TRADE

5 SALARIES AND EXPENSES

6 For an additional amount for ‘‘United States Court

7 of International Trade, Salaries and Expenses’’ to en8 hance security, $50,000.

9 DEPARTMENT OF STATE AND RELATED

10 AGENCY

11 DEPARTMENT OF STATE

12 ADMINISTRATION OF FOREIGN AFFAIRS

13 DIPLOMATIC AND CONSULAR PROGRAMS

14 For an additional amount for ‘‘Diplomatic and Con15 sular Programs’’, $106,420,000, to remain available until

16 December 31, 2003.

17 EMBASSY SECURITY, CONSTRUCTION, AND

18 MAINTENANCE

19 For an additional amount for ‘‘Embassy Security,

20 Construction, and Maintenance’’, $71,500,000, to remain

21 available until expended.
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1 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

2 SERVICE

3 For an additional amount for ‘‘Emergencies in the

4 Diplomatic and Consular Service’’, $65,708,000, to re5 main available until expended.

6 RELATED AGENCY

7 BROADCASTING BOARD OF GOVERNORS

8 INTERNATIONAL BROADCASTING OPERATIONS

9 For an additional amount for ‘‘International Broad10 casting Operations’’ for activities related to the Middle

11 East Television Network broadcasting to the Middle East

12 and radio broadcasting to Iraq, $30,500,000, to remain

13 available until September 30, 2004.

14 GENERAL PROVISIONS—THIS CHAPTER

15 SEC. 1201. Funds appropriated under this Chapter

16 for the Broadcasting Board of Governors and the Depart17 ment of State may be obligated and expended notwith18 standing section 313 of the Foreign Relations Authoriza19 tion Act, Fiscal Years 1994 and 1995, and section 15 of

20 the State Department Basic Authorities Act of 1956, as

21 amended.
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1 CHAPTER 3

2 DEPARTMENT OF DEFENSE—MILITARY

3 OPERATION AND MAINTENANCE

4 OPERATION AND MAINTENANCE, DEFENSE5 WIDE

6 For an additional amount for ‘‘Operation and Main7 tenance, Defense-Wide’’, $1,400,000,000, to remain avail8 able until September 30, 2004, which may be used, not9 withstanding any other provision of law, for payments to

10 reimburse Pakistan, Jordan, and other key cooperating

11 nations, for logistical and military support provided, or to

12 be provided, to United States military operations in con13 nection with military action in Iraq and the global war

14 on terrorism: Provided, That such payments may be made

15 in such amounts as the Secretary of Defense, with concur16 rence of the Secretary of State and in consultation with

17 the Director of the Office of Management and Budget,

18 may determine, in his discretion, and such determination

19 is final and conclusive upon the accounting officers of the

20 United States: Provided further, That unless expressly

21 provided for in an appropriations act enacted after the

22 date of enactment of this Act, and notwithstanding any

23 other provision of law, no funds other than those addi24 tional amounts provided herein shall be made available for

25 any payments intended to fulfill the purposes specified in
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1 this paragraph and similar reimbursement authorities ex2 pressly provided in section 304 of Public Law 107–117

3 and within the ‘‘Operation and Maintenance, Defense4 Wide’’ appropriation account enacted in Public Law 107–

5 206: Provided further, That the Committees on Appropria6 tions of the House and Senate shall be notified in writing

7 at least seven days prior to the obligation of funds for

8 payments to Pakistan, Jordan, or other key cooperating

9 nations: Provided further, That not later than 30 days fol10 lowing enactment of this Act, the Secretary of Defense

11 shall submit a report in writing to the Committees on Ap12 propriations that includes a financial plan for the obliga13 tion and expenditure of such funds: Provided further, That

14 if such report is not provided to the Committees on Appro15 priations by the date specified in the previous proviso, un16 obligated balances of funds in this account that are avail17 able from the amounts provided in this paragraph shall

18 be returned to the Treasury of the United States: Provided

19 further, That, beginning not later than June 30, 2003, and

20 ending on September 30, 2004, the Secretary of Defense

21 shall provide quarterly reports to the Committees on Ap22 propriations of the House and Senate on the uses of funds

23 made available for payments to Pakistan, Jordan, and

24 other key cooperating nations for logistical and military

25 support provided to United States military operations in
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1 connection with military action in and around Iraq and

2 the global war on terrorism.

3 OPERATION IRAQI FREEDOM RESPONSE FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For incremental costs of the Department of Defense

6 associated with the global war on terrorism and operations

7 in and around Iraq as part of operations currently known

8 as Operation Iraqi Freedom: $59,682,500,000 is appro9 priated to the ‘‘Operation Iraqi Freedom Response Fund’’,

10 which is hereby established in the Treasury of the United

11 States. Funds appropriated or transferred to the ‘‘Oper12 ation Iraqi Freedom Response Fund’’ shall remain avail13 able until expended.

14 Of the funds appropriated under this heading, and

15 in addition, such sums as may be transferred, or are other16 wise available, from current and future balances in the De17 fense Cooperation Account and the Natural Resources

18 Risk Remediation Fund (only to the extent said funds are

19 available pursuant to the authorities and limitations in

20 current law and those further enumerated in chapter 3

21 of this Act), and only for expenses, not otherwise provided

22 for, necessary to finance the estimated partial costs of op23 erations associated with Operation Iraqi Freedom and

24 other operations and related activities in support of the

25 global war on terrorism (including Operations Enduring
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1 Freedom and Noble Eagle), there is hereby made available

2 a total amount of not to exceed $59,682,500,000, only for

3 transfer to the following accounts in not to exceed the fol4 lowing amounts:

5 MILITARY PERSONNEL

6 (TRANSFER OF FUNDS)

7 MILITARY PERSONNEL, ARMY

8 For an additional amount for ‘‘Military Personnel,

9 Army’’, $6,974,500,000.

10 MILITARY PERSONNEL, NAVY

11 For an additional amount for ‘‘Military Personnel,

12 Navy’’, $1,984,300,000.

13 MILITARY PERSONNEL, MARINE CORPS

14 For an additional amount for ‘‘Military Personnel,

15 Marine Corps’’, $1,204,900,000.

16 MILITARY PERSONNEL, AIR FORCE

17 For an additional amount for ‘‘Military Personnel,

18 Air Force’’, $1,834,800,000.

19 RESERVE PERSONNEL, ARMY

20 For an additional amount for ‘‘Reserve Personnel,

21 Army’’, $3,000,000.

22 NATIONAL GUARD PERSONNEL, ARMY

23 For an additional amount for ‘‘National Guard Per24 sonnel, Army’’, $93,000,000.
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1 OPERATION AND MAINTENANCE

2 (TRANSFER OF FUNDS)

3 OPERATION AND MAINTENANCE, ARMY

4 For an additional amount for ‘‘Operation and Main5 tenance, Army’’, $10,481,500,000, of which $874,000,000

6 shall remain available for obligation until September 30,

7 2004.

8 OPERATION AND MAINTENANCE, NAVY

9 For an additional amount for ‘‘Operation and Main10 tenance, Navy’’, $3,940,300,000, of which

11 $1,909,000,000 shall remain available for obligation until

12 September 30, 2004.

13 OPERATION AND MAINTENANCE, MARINE CORPS

14 For an additional amount for ‘‘Operation and Main15 tenance, Marine Corps’’, $1,383,700,000, of which

16 $786,000,000 shall remain available for obligation until

17 September 30, 2004.

18 OPERATION AND MAINTENANCE, AIR FORCE

19 For an additional amount for ‘‘Operation and Main20 tenance, Air Force’’, $3,668,200,000, of which

21 $359,000,000 shall remain available for obligation until

22 September 30, 2004.

23 OPERATION AND MAINTENANCE, DEFENSE-WIDE

24 For an additional amount for ‘‘Operation and Main25 tenance, Defense-Wide’’, $901,900,000.
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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For an additional amount for ‘‘Operation and Main4 tenance, Army National Guard’’, $58,400,000.

5 DEFENSE HEALTH PROGRAM

6 For an additional amount for ‘‘Defense Health Pro7 gram’’, $301,700,000.

8 PROCUREMENT

9 (TRANSFER OF FUNDS)

10 AIRCRAFT PROCUREMENT, ARMY

11 For an additional amount for ‘‘Aircraft Procurement,

12 Army’’, $4,100,000.

13 MISSILE PROCUREMENT, ARMY

14 For an additional amount for ‘‘Missile Procurement,

15 Army’’, $3,100,000.

16 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

17 VEHICLES, ARMY

18 For an additional amount for ‘‘Procurement of Weap19 ons and Tracked Combat Vehicles, Army’’, $53,300,000.

20 PROCUREMENT OF AMMUNITION, ARMY

21 For an additional amount for ‘‘Procurement of Am22 munition, Army’’, $447,500,000.

23 OTHER PROCUREMENT, ARMY

24 For an additional amount for ‘‘Other Procurement,

25 Army’’, $241,800,000.
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1 OTHER PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Other Procurement,

3 Air Force’’, $113,600,000.

4 PROCUREMENT, DEFENSE-WIDE

5 For an additional amount for ‘‘Procurement, De6 fense-Wide’’, $451,000,000.

7 RESEARCH, DEVELOPMENT, TEST AND

8 EVALUATION

9 (TRANSFER OF FUNDS)

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

11 ARMY

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Army’’, $11,500,000.

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

15 DEFENSE-WIDE

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Defense-Wide’’, $90,000,000,

18 to remain available for obligation until September 30,

19 2004.

20 COMBAT, STABILITY OPERATIONS, AND FORCE

21 RECONSTITUTION COSTS

22 (TRANSFER OF FUNDS)

23 For additional expenses, to be derived by transfer

24 from the ‘‘Operation Iraqi Freedom Response Fund’’, not

25 otherwise provided for, necessary to finance the estimated
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1 partial costs of combat, stability operations (including nat2 ural resource risk remediation activities), force reconstitu3 tion and munitions/equipment replacement, and other re4 lated costs, an amount not to exceed $25,436,400,000, of

5 which not less than $4,000,000,000 shall be withheld from

6 obligation until after July 1, 2003, as a reserve for any

7 additional incremental fiscal year 2003 Military Personnel

8 and ‘‘Defense Health Program’’ costs that may be in9 curred above the amounts provided elsewhere in this chap10 ter or previously enacted defense appropriations: Provided,

11 That the Secretary of Defense shall not make any transfer

12 from the ‘‘Operation Iraqi Freedom Response Fund’’, the

13 ‘‘Defense Cooperation Account’’, or the ‘‘Natural Re14 sources Risk Remediation Fund’’ to appropriations, pro15 grams and activities cited under this heading, until seven

16 days after notifying the Committees on Appropriations of

17 the Senate and House of Representatives of the amounts

18 and purposes of any such transfer: Provided further, That

19 subject to the limitations stated above, amounts provided

20 under this heading shall otherwise be available for obliga21 tion in the following amounts, as specified:

22 For classified programs, not less than

23 $1,817,000,000, which shall remain available for obliga24 tion until September 30, 2004, and which shall be in addi25 tion to amounts provided elsewhere in this chapter for
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1 Procurement, and Research, development, test and evalua2 tion;

3 For Operation and maintenance, up to

4 $20,214,300,000, of which $4,000,000,000 shall remain

5 available until September 30, 2004, and of which not less

6 than $8,000,000,000 shall be only for fiscal year 2003

7 costs associated with Operation Enduring Freedom and

8 related costs of the global war on terrorism;

9 For Procurement, up to $4,242,000,000, to remain

10 available for obligation until September 30, 2004, of which

11 up to $3,249,400,000 may be made available to replenish

12 munitions and other equipment expended for military op13 erations in and around Iraq and the global war on ter14 rorism;

15 For Research, development, test, and evaluation, up

16 to $57,600,000; and

17 For Department of Homeland Security, ‘‘United

18 States Coast Guard, Operating Expenses’’ up to

19 $400,000,000 to support military activities in connection

20 with Operation Iraqi Freedom and the global war on ter21 rorism: Provided further, That the transfer authority pro22 vided under this heading is in addition to any other trans23 fer authority available to the Department of Defense: Pro24 vided further, That upon determinations that all or part

25 of the funds transferred from this appropriation are not
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1 necessary for the purposes provided herein, such amounts

2 shall be transferred back to this appropriation or to the

3 ‘‘Operation Iraqi Freedom Response Fund’’.

4 NATURAL RESOURCES RISK REMEDIATION

5 FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 There is established in the Treasury of the United

8 States a special account to be known as the ‘‘Natural Re9 sources Risk Remediation Fund’’. Funds transferred to,

10 appropriated to, and contributions made to, the ‘‘Natural

11 Resources Risk Remediation Fund’’ may be made avail12 able for expenses necessary in connection with Operation

13 Iraqi Freedom to address emergency fire fighting, repair

14 of damage to oil facilities and related infrastructure, and

15 preserve a distribution capability, and may remain avail16 able until expended: Provided, That not to exceed

17 $489,300,000 of the funds appropriated under the head18 ing ‘‘Operation Iraqi Freedom Response Fund’’ in this Act

19 may be transferred to this fund: Provided further, That

20 the Secretary of Defense may accept from any person, for21 eign government, or international organization, and credit

22 to this fund, any contribution of money for such purposes:

23 Provided further, That the Secretary of Defense may

24 transfer funds available in the Natural Resources Risk Re25 mediation Fund to other appropriations or funds of the
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1 Department of Defense to carry out such purposes, or to

2 reimburse such appropriations or funds for expenses in3 curred for such purposes and such reimbursements may

4 include funds received pursuant to the authority of the

5 previous proviso: Provided further, That funds to be trans6 ferred shall be merged with and shall be available for the

7 same purposes and for the same time period as the appro8 priation or fund to which transferred: Provided further,

9 That the transfer authority provided in this paragraph is

10 in addition to any other transfer authority available to the

11 Department of Defense: Provided further, That upon a de12 termination that all or part of the funds transferred from

13 this appropriation are not necessary for the purposes pro14 vided, such amounts may be transferred back to this ap15 propriation.

16 REVOLVING AND MANAGEMENT FUNDS

17 DEFENSE WORKING CAPITAL FUNDS

18 For an additional amount for ‘‘Defense Working

19 Capital Funds’’, $1,100,000,000.

20 OTHER DEPARTMENT OF DEFENSE PROGRAMS

21 DRUG INTERDICTION AND COUNTER-DRUG

22 ACTIVITIES, DEFENSE

23 (INCLUDING TRANSFER OF FUNDS)

24 For an additional amount for ‘‘Drug Interdiction and

25 Counter-Drug Activities, Defense’’, $34,000,000, for
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1 transfer subject to the terms and conditions governing

2 such transfers as provided for under this heading in Public

3 Law 107–248.

4 GENERAL PROVISIONS—THIS CHAPTER

5 SEC. 1301. Except as otherwise specifically provided

6 in this chapter, amounts provided to the Department of

7 Defense under each of the headings in this chapter shall

8 be available for the same time period, and subject to the

9 same terms and conditions, as the amounts appropriated

10 or otherwise made available in the Department of Defense

11 Appropriations Act, 2003 (Public Law 107–248) and

12 Making Further Continuing Appropriations for the Fiscal

13 Year 2003, and for Other Purposes (Public Law 108–7).

14 SEC. 1302. None of the funds in this chapter may

15 be used to initiate a new start program without prior noti16 fication to the congressional defense committees.

17 SEC. 1303. None of the funds in this chapter may

18 be used to develop or procure any item or capability that

19 will not be fielded within four years of enactment of this

20 Act.

21 SEC. 1304. Title II of the Department of Defense Ap22 propriations Act, 2003 (Public Law 107–248), is amended

23 under the heading ‘‘Operation and Maintenance, Defense24 Wide’’ by striking ‘‘$25,000,000’’ and inserting

25 ‘‘$50,000,000’’: Provided, That the additional funds for
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1 the CINC Initiative Fund made available by this section

2 may be expended notwithstanding the limitations in sec3 tion 166a(e)(1) of title 10, United States Code.

4 SEC. 1305. Title II of the Department of Defense Ap5 propriations Act, 2003 (Public Law 107–248), is amended

6 under the heading ‘‘Operation and Maintenance, Defense7 Wide’’ by striking ‘‘$34,500,000’’ and inserting

8 ‘‘$69,000,000’’.

9 (TRANSFER OF FUNDS)

10 SEC. 1306. section 8005 of the Department of De11 fense Appropriations Act, 2003 (Public Law 107–248), is

12 amended—

13 (1) by striking ‘‘May 31’’ in the fourth proviso

14 and inserting ‘‘June 30’’; and

15 (2) by striking the sixth proviso, as added by

16 section 112 of division M of Public Law 108–7, be17 ginning with ‘‘: Provided further’’ and ending with

18 ‘‘to which transferred’’.

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 1307. In addition to amounts made available

21 elsewhere in this Act for the Department of Defense,

22 $165,000,000 is appropriated to the Department of De23 fense to reimburse applicable appropriations for the value

24 of drawdown support provided by the Department of De25 fense under the Afghanistan Freedom Support Act of

26 2002: Provided, That this appropriation shall not increase
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1 the limitation set forth in section 202(b) of that Act: Pro2 vided further, That the Secretary of Defense may transfer

3 the funds provided herein to the applicable appropriations

4 of the Department of Defense: Provided further, That the

5 funds transferred shall be merged with and shall be avail6 able for the same purposes and for the same time period

7 as the appropriation to which transferred: Provided fur8 ther, That the transfer authority provided in this section

9 is in addition to any other transfer authority available to

10 the Department of Defense: Provided further, That not11 withstanding any other provision of law, none of the funds

12 provided in this or any other appropriations Act for the

13 Department of Defense may be used for the drawdown

14 authority in section 202 of the Afghanistan Freedom Sup15 port Act of 2002 (Public Law 107–327) prior to notifying

16 in writing the House and Senate Committees on Appro17 priations of the source of the funds to be used for such

18 purpose.

19 SEC. 1308. Funds appropriated in this Act, or made

20 available by transfer of funds in or pursuant to this Act,

21 for intelligence activities are deemed to be specifically au22 thorized by the Congress for purposes of section 504 of

23 the National Security Act of 1947 (50 U.S.C. 414).

24 SEC. 1309. (a) Of the amounts available to the Sec25 retary of Defense, $63,500,000 may be used to reimburse
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1 applicable appropriations for the value of support provided

2 by the Department of Defense under the Iraq Liberation

3 Act of 1998: Provided, That this appropriation shall not

4 increase the limitation set forth in section (4)(a)(2)(B) of

5 that Act.

6 (b) Section (4)(a)(2) of the Iraq Liberation Act of

7 1998 is amended by adding the following new subpara8 graph at the end:

9 ‘‘(C) The aggregate value (as defined in

10 section 644(m) of the Foreign Assistance Act of

11 1961) of assistance provided under this para12 graph may not exceed $150,000,000 in fiscal

13 year 2003.’’.

14 (c) Notwithstanding any other provision of law, none

15 of the funds provided in this or any other appropriations

16 Act for the Department of Defense may be used for the

17 drawdown authority in section (4)(a)(2) of Iraq Liberation

18 Act of 1998 (including the drawdown authority of this sec19 tion) unless the House and Senate Committees on Appro20 priations are notified in writing of the sources of the funds

21 to be used for such purpose at least seven days prior to

22 the exercise of the drawdown authority.

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 1310. During fiscal year 2003, amounts in or

25 credited to the Defense Cooperation Account under 10

26 U.S.C. 2608(b) shall be available for obligation and ex-
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1 penditure consistent with the purposes for which such

2 amounts were contributed and accepted: Provided, That

3 such amounts shall only be available for transfer by the

4 Secretary of Defense the ‘‘Operation Iraqi Freedom Re5 sponse Fund’’ and be available for the same period as the

6 appropriation to which transferred: Provided further, That

7 this transfer authority is in addition to any other transfer

8 authority available to the Department of Defense: Pro9 vided further, That the Secretary of Defense shall report

10 at least seven days in advance to the Congress of all pro11 posed transfers to be made pursuant to this authority.

12 SEC. 1311. (a) Hereafter, contributions of money de13 posited into the ‘‘Natural Resources Risk Remediation

14 Fund’’ shall be reported to the Congress in the same re15 port, and under the same terms and conditions, as the

16 report required for contributions to the ‘‘Defense Coopera17 tion Account’’ under section 2608, chapter 155 of title 10,

18 United States Code.

19 (b) During fiscal years 2003 and 2004, the use of

20 monies or real or personal property contributed to the

21 ‘‘Defense Cooperation Account’’ and the ‘‘Natural Re22 sources Risk Remediation Fund’’ shall be subject to the

23 prior approval of the Committees on Appropriations.

24 SEC. 1312. The Secretary of Defense shall notify the

25 congressional defense committees, in writing, not later
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1 than 15 days prior to the obligation of funds appropriated

2 in this chapter for military construction activities or minor

3 construction in excess of $7,500,000.

4 (TRANSFER OF FUNDS)

5 SEC. 1313. As of October 31, 2003, all balances of

6 funds remaining in the ‘‘Defense Emergency Response

7 Fund’’ shall be transferred to, and merged with, the ‘‘Op8 eration Iraqi Freedom Response Fund’’, and shall be

9 available for the same purposes, and under the same terms

10 and conditions, as funds appropriated to the ‘‘Operation

11 Iraqi Freedom Response Fund’’ in this chapter.

12 CHAPTER 4

13 BILATERAL ECONOMIC ASSISTANCE

14 FUNDS APPROPRIATED TO THE PRESIDENT

15 UNITED STATES AGENCY FOR INTERNATIONAL

16 DEVELOPMENT

17 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

18 For an additional amount for ‘‘Child Survival and

19 Health Programs Fund’’, $40,000,000.

20 INTERNATIONAL DISASTER ASSISTANCE

21 For an additional amount for ‘‘International Disaster

22 Assistance’’, $160,000,000: Provided, That amounts made

23 available pursuant to section 492(b) of the Foreign Assist24 ance Act of 1961 for the purpose of addressing relief and

25 rehabilitation needs in Iraq, prior to enactment of this

26 Act, shall be in addition to the amount that may be obli-
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1 gated in any fiscal year under that section: Provided fur2 ther, That during the remainder of fiscal year 2003 the

3 authority referenced in the preceding proviso may not be

4 utilized unless written notice has been provided to the

5 Committees on Appropriations not less than five days

6 prior to the proposed obligation.

7 OPERATING EXPENSES OF THE UNITED STATES AGENCY

8 FOR INTERNATIONAL DEVELOPMENT

9 For an additional amount for ‘‘Operating Expenses

10 of the United States Agency for International Develop11 ment’’, $23,000,000, of which not less than $2,000,000

12 may be transferred to and merged with ‘‘Operating Ex13 penses of the United States Agency for International De14 velopment Office of Inspector General’’ for financial and

15 program audits of the Iraq Relief and Reconstruction

16 Fund and other assistance for Iraq.

17 OTHER BILATERAL ECONOMIC ASSISTANCE

18 ECONOMIC SUPPORT FUND

19 For an additional amount for ‘‘Economic Support

20 Fund’’, $2,342,000,000, of which:

21 (1) not less than $700,000,000 shall be made

22 available for assistance for Jordan;

23 (2) $300,000,000, to remain available until

24 September 30, 2005, shall be made available only

25 for grants for Egypt: Provided, That during the pe-
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1 riod beginning March 1, 2003, and ending Sep2 tember 30, 2005, loan guarantees may be made to

3 Egypt, the principal amount, any part of which is to

4 be guaranteed, shall not exceed $2,000,000,000:

5 Provided further, That the Government of Egypt will

6 incur all the costs, as defined in section 502 of the

7 Federal Credit Reform Act of 1990, as amended, as8 sociated with these loan guarantees, including any

9 non-repayment exposure risk: Provided further, That

10 all fees associated with these loan guarantees, in11 cluding subsidy and administrative costs, shall be

12 paid by the Government of Egypt to the Government

13 of the United States: Provided further, That funds

14 made available under this paragraph and other

15 funds appropriated to carry out chapter 4 of part II

16 of the Foreign Assistance Act of 1961 and made

17 available for assistance for Egypt may be used by

18 the Government of Egypt to pay such fees to the

19 United States Government: Provided further, That

20 the President shall determine the terms and condi21 tions for issuing the economic assistance authorized

22 by this paragraph and should take into consideration

23 budgetary and economic reforms undertaken by

24 Egypt: Provided further, That if the President deter25 mines that these terms and conditions have been
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1 breached, the President may suspend or terminate

2 the provision of all or part of such economic assist3 ance not yet outlayed under this paragraph;

4 (3) not to exceed $1,000,000,000, to remain

5 available until September 30, 2005, for grants for

6 Turkey: Provided, That during the period beginning

7 March 1, 2003 and ending September 30, 2005, di8 rect loans or loan guarantees may be made to Tur9 key, the principal amount of direct loans or loans,

10 any part of which is to be guaranteed, shall not ex11 ceed $8,500,000,000: Provided further, That the

12 Government of Turkey will incur all the costs, as de13 fined in section 502 of the Federal Credit Reform

14 Act of 1990, as amended, associated with these

15 loans or loan guarantees, including any non-repay16 ment exposure risk: Provided further, That all fees

17 associated with these loans or loan guarantees, in18 cluding subsidy and administrative costs, shall be

19 paid by the Government of Turkey to the Govern20 ment of the United States: Provided further, That

21 funds made available under this paragraph and

22 other funds appropriated to carry out chapter 4 of

23 part II of the Foreign Assistance Act of 1961 and

24 made available for assistance for Turkey may be

25 used by the Government of Turkey to pay such fees
27

•HR 1559 EH

1 to the United States Government: Provided further,

2 That none of the funds made available by this para3 graph may be made available for assistance for Tur4 key until the Secretary of State determines and re5 ports to the Committees on Appropriations of the

6 House and Senate, the Committee on Foreign Rela7 tions of the Senate and Committee on International

8 Relations of the House that the Government of Tur9 key is cooperating with the United States in Oper10 ation Iraqi Freedom, including the facilitation of hu11 manitarian assistance to Iraq: Provided further, That

12 the President shall determine the terms and condi13 tions for issuing the economic assistance authorized

14 by this paragraph and should take into consideration

15 budgetary and economic reforms undertaken by Tur16 key: Provided further, That if the President deter17 mines that these terms and conditions have been

18 breached, the President may suspend or terminate

19 the provision of all or part of such economic assist20 ance not yet outlayed under this paragraph;

21 (4) not to exceed $5,000,000 may be available

22 for administrative expenses of the Islamic Partner23 ship and Outreach program; and

24 (5) funds made available under this heading for

25 the Islamic Partnership and Outreach program and
28

•HR 1559 EH

1 other regional programs are subject to the regular

2 notification procedures of the Committees on Appro3 priations.

4 IRAQ RELIEF AND RECONSTRUCTION FUND

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses to carry out the purposes of

7 the Foreign Assistance Act of 1961 for humanitarian as8 sistance in and around Iraq and for rehabilitation and re9 construction in Iraq, $2,483,300,000, to remain available

10 until September 30, 2004, including for the costs of: (1)

11 water/sanitation infrastructure; (2) feeding and food dis12 tribution; (3) supporting relief efforts related to refugees,

13 internally displaced persons, and vulnerable individuals;

14 (4) humanitarian demining; (5) healthcare; (6) education;

15 (7) electricity; (8) transportation; (9) telecommunications;

16 (10) rule of law and governance; (11) economic and finan17 cial policy; and (12) agriculture: Provided, That these

18 funds shall be apportioned only to the Department of

19 State, the United States Agency for International Devel20 opment, the Department of the Treasury, and the Depart21 ment of Health and Human Services, as appropriate, for

22 expenses to meet such costs: Provided further, That with

23 respect to funds appropriated under this heading in this

24 Act or proposed for appropriation in subsequent Acts, the

25 responsibility for policy decisions and justifications for the
29

•HR 1559 EH

1 use of such funds shall be the responsibility of the Sec2 retary of State and the Deputy Secretary of State and

3 this responsibility shall not be delegated: Provided further,

4 That funds appropriated under this heading shall be used

5 to fully reimburse accounts administered by the Depart6 ment of State and the United States Agency for Inter7 national Development, not otherwise reimbursed from

8 funds appropriated by this chapter, for obligations in9 curred for the purposes provided under this heading prior

10 to enactment of this Act from funds appropriated for for11 eign operations, export financing, and related programs:

12 Provided further, That the United States may accept from

13 any person, foreign government, or international organiza14 tion, and credit to this Fund, any contribution of money

15 for such purposes: Provided further, That funds appro16 priated under this heading shall be available notwith17 standing any other provision of law, including section 10

18 of Public Law 91–672 and section 15 of the State Depart19 ment Basic Authorities Act of 1956: Provided further,

20 That funds appropriated under this heading that are made

21 available for assistance for Iraq shall be subject to the reg22 ular notification procedures of the Committees on Appro23 priations, except that notifications shall be transmitted at

24 least 5 days in advance of the obligations of funds.
30

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1 LOAN GUARANTEES TO ISRAEL

2 During the period beginning April 14, 2003, and end3 ing September 30, 2005, loan guarantees may be made

4 available to Israel, guaranteeing 100 percent of the prin5 cipal and interest on such loans, the principal amount, any

6 part of which is to be guaranteed, not to exceed

7 $9,000,000,000, of which up to $3,000,000,000 may be

8 issued prior to October 1, 2003, or thereafter and of which

9 $3,000,000,000 may be issued subsequent to September

10 30, 2004: Provided, That such guarantees shall constitute

11 obligations, in accordance with the terms of such guaran12 tees, of the United States of America and the full faith

13 and credit of the United States of America is hereby

14 pledged for the full payment and performance of such obli15 gations: Provided further, That if less than the full amount

16 of guarantees authorized to be made available is issued

17 prior to September 30, 2005, the authority to issue the

18 balance of such guarantees shall extend to the subsequent

19 fiscal year: Provided further, That guarantees may be

20 issued under this section only to support activities in the

21 geographic areas which were subject to the administration

22 of the Government of Israel before June 5, 1967: Provided

23 further, That the amount of guarantees that may be issued

24 shall be reduced by an amount equal to the amount ex25 tended or estimated to have been extended by the Govern-
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•HR 1559 EH

1 ment of Israel during the period from March 1, 2003, to

2 the date of issue of the guarantee, for activities which the

3 President determines are inconsistent with the objectives

4 and understandings reached between the United States

5 and the Government of Israel regarding the implementa6 tion of the loan guarantee program: Provided further, That

7 the President shall submit a report to Congress no later

8 than September 30 of each fiscal year during the pendency

9 of the program specifying the amount calculated under the

10 preceding proviso and that will be deducted from the

11 amount of guarantees authorized to be issued in the next

12 fiscal year: Provided further, That no appropriations under

13 this heading are available for the subsidy costs for these

14 loan guarantees: Provided further, That the Government

15 of Israel will pay the cost, as defined in section 502 of

16 the Federal Credit Reform Act of 1990, as amended, in17 cluding any non-payment exposure risk, associated with

18 the loan guarantees issued in any fiscal year, on a pro

19 rata basis as each guarantee is issued during that year:

20 Provided further, That all fees (as defined in section

21 601(e) of Public Law 102–391) associated with the loan

22 guarantees shall be paid by the Government of Israel to

23 the Government of the United States: Provided further,

24 That funds made available for assistance to Israel under

25 chapter 4 of part II of the Foreign Assistance Act of 1961,
32

•HR 1559 EH

1 as amended, may be utilized by the Government of Israel

2 to pay such fees to the United States Government: Pro3 vided further, That the President shall determine the

4 terms and conditions for issuing guarantees, taking into

5 consideration the budgetary and economic reforms under6 taken by Israel: Provided further, That if the President

7 determines that these terms and conditions have been

8 breached, the President may suspend or terminate the

9 provision of all or part of the loan guarantees not yet

10 issued under this heading.

11 DEPARTMENT OF STATE

12 INTERNATIONAL NARCOTICS CONTROL AND LAW

13 ENFORCEMENT

14 For an additional amount for ‘‘International Nar15 cotics Control and Law Enforcement’’, $25,000,000, to re16 main available until September 30, 2004.

17 ANDEAN COUNTERDRUG INITIATIVE

18 For an additional amount for the ‘‘Andean

19 Counterdrug Initiative’’, $34,000,000, to remain available

20 until September 30, 2004.

21 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

22 ASSISTANCE FUND

23 For an additional amount for ‘‘United States Emer24 gency Refugee and Migration Assistance Fund’’,

25 $80,000,000, to remain until expended, notwithstanding
33

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1 section 2(c)(2) of the Migration and Refugee Assistance

2 Act of 1962, as amended (22 U.S.C. 2601(c)(2)).

3 NONPROLIFERATION, ANTI-TERRORISM, DEMINING, AND

4 RELATED PROGRAMS

5 For an additional amount for ‘‘Nonproliferation,

6 Anti-Terrorism, Demining and Related Programs’’,

7 $28,000,000: Provided, That funds appropriated by this

8 paragraph shall be available notwithstanding section 10

9 of Public Law 91–672 and section 15 of the State Depart10 ment Basic Authorities Act of 1956.

11 MILITARY ASSISTANCE

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 FOREIGN MILITARY FINANCING PROGRAM

14 For an additional amount for the ‘‘Foreign Military

15 Financing Program’’, $2,059,100,000: Provided, That

16 funds appropriated by this paragraph shall be available

17 notwithstanding section 10 of Public Law 91–672 and sec18 tion 15 of the State Department Basic Authorities Act

19 of 1956: Provided further, That of the funds appropriated

20 under this heading, not less than $406,000,000 shall be

21 made available for grants only for Jordan and

22 $1,000,000,000 shall be available for grants only for

23 Israel: Provided further, That the funds appropriated by

24 this paragraph for Israel shall be disbursed within 30 days

25 of the enactment of this Act: Provided further, That to
34

•HR 1559 EH

1 the extent that the Government of Israel requests that

2 funds be used for such purposes, grants made available

3 for Israel by this paragraph shall, as agreed to by the

4 United States and Israel, be available for advanced weap5 ons systems, of which not less than $263,000,000 shall

6 be available for the procurement in Israel of defense arti7 cles and defense services, including research and develop8 ment.

9 PEACEKEEPING OPERATIONS

10 For an additional amount for ‘‘Peacekeeping Oper11 ations’’, $115,000,000.

12 GENERAL PROVISIONS—THIS TITLE

13 SEC. 1401. Assistance or other financing under this

14 chapter may be provided for Iraq notwithstanding any

15 other provision of law: Provided, That funds made avail16 able for Iraq pursuant to this authority shall be subject

17 to the regular reprogramming procedures of the Commit18 tees on Appropriations and section 634A of the Foreign

19 Assistance Act of 1961, except that notification shall be

20 transmitted at least 5 days in advance of obligation: Pro21 vided further, That the notification requirements of this

22 section may be waived if failure to do so would pose a

23 substantial risk to human health or welfare: Provided fur24 ther, That in case of any such waiver, notification to the

25 appropriate congressional committees, shall be provided as
35

•HR 1559 EH

1 early as practicable, but in no event later than 3 days after

2 taking the action to which such notification requirement

3 was applicable, in the context of the circumstances neces4 sitating such waiver: Provided further, That any notifica5 tion provided pursuant to such a waiver shall contain an

6 explanation of the emergency circumstances.

7 SEC. 1402. The President may suspend the applica8 tion of any provision of the Iraq Sanctions Act of 1990:

9 Provided, That nothing in this section shall affect the ap10 plicability of the Iran-Iraq Arms Non-Proliferation Act of

11 1992 (Public Law 102–484) except as it applies to hu12 manitarian assistance and supplies: Provided further, That

13 the President may make inapplicable with respect to Iraq

14 section 620A of the Foreign Assistance Act of 1961 or

15 any other provision of law that applies to countries that

16 have supported terrorism: Provided further, That military

17 equipment shall not be exported under the authority of

18 this section: Provided further, That section 307 of the For19 eign Assistance Act of 1961 shall not apply with respect

20 to programs of international organizations for Iraq: Pro21 vided further, That provisions of law that direct the United

22 States Government to vote against or oppose loans or

23 other uses of funds, including for financial or technical

24 assistance, in international financial institutions for Iraq

25 shall not be construed as applying to Iraq: Provided fur-
36

•HR 1559 EH

1 ther, That the President shall submit a notification 5 days

2 prior to exercising any of the authorities described in this

3 section to the Committee on Appropriations of each House

4 of the Congress, the Committee on Foreign Relations of

5 the Senate, and the Committee on International Relations

6 of the House of Representatives: Provided further, That

7 not more than 60 days after enactment of this Act and

8 every 90 days thereafter the President shall submit a re9 port to the Committee on Appropriations of each House

10 of the Congress, the Committee on Foreign Relations of

11 the Senate, and the Committee on International Relations

12 of the House of Representatives containing a summary of

13 all licenses approved for export to Iraq of any item on

14 the Commerce Control List contained in the Export Ad15 ministration Regulations, 15 CFR Part 774, Supplement

16 1, including identification of end users of such items: Pro17 vided further, That the authorities contained in this sec18 tion shall expire on September 30, 2004, or on the date

19 of enactment of a subsequent Act authorizing assistance

20 for Iraq and that specifically amends, repeals or otherwise

21 makes inapplicable the authorities of this section, which22 ever occurs first.

23 SEC. 1403. Notwithstanding any other provision of

24 law, the President may authorize the export to Iraq of any

25 nonlethal military equipment controlled under the Inter-
37

•HR 1559 EH

1 national Trafficking in Arms Regulations on the United

2 States Munitions List established pursuant to section 38

3 of the Arms Export Control Act, (22 U.S.C. 2778), if the

4 President determines and notifies within 5 days after ex5 port the Committee on Appropriations of each House of

6 the Congress, the Committee on Foreign Relations of the

7 Senate, and the Committee on International Relations of

8 the House of Representatives that the export of such non9 lethal military equipment is in the national interest of the

10 United States: Provided, That the authorities contained

11 in this section shall expire on September 30, 2004, or on

12 the date of enactment of a subsequent Act authorizing as13 sistance for Iraq and that specifically amends, repeals or

14 otherwise makes inapplicable the authorities of this sec15 tion, whichever occurs first.

16 CHAPTER 5

17 DEPARTMENT OF HOMELAND SECURITY

18 CITIZENSHIP AND IMMIGRATION SERVICES

19 OPERATING EXPENSES

20 For necessary expenses for ‘‘Operating Expenses’’ re21 lated to conducting Operation Liberty Shield, $1,000,000,

22 to remain available until December 31, 2003.
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•HR 1559 EH

1 UNITED STATES SECRET SERVICE

2 OPERATING EXPENSES

3 For an additional amount for ‘‘Operating Expenses’’

4 for necessary expenses related to conducting Operation

5 Liberty Shield, $30,000,000, to remain available until De6 cember 31, 2003.

7 BORDER AND TRANSPORTATION SECURITY

8 CUSTOMS AND BORDER PROTECTION

9 For necessary expenses for ‘‘Customs and Border

10 Protection’’ related to conducting Operation Liberty

11 Shield and other purposes, $428,000,000, of which

12 $235,000,000 shall remain available until December 31,

13 2003, and of which $193,000,000 shall remain available

14 until expended for the acquisition and deployment of por15 tal radiation detectors and non-intrusive inspection tech16 nology at United States ports of entry.

17 IMMIGRATION AND CUSTOMS ENFORCEMENT

18 For necessary expenses for ‘‘Immigration and Cus19 toms Enforcement’’ related to conducting Operation Lib20 erty Shield, $185,000,000, to remain available until De21 cember 31, 2003, of which up to $10,000,000 shall be

22 available for the Student and Exchange Visitor Informa23 tion System established under section 641 of the Illegal

24 Immigration Reform and Immigrant Responsibility Act of

25 1996, including training programs.
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•HR 1559 EH

1 TRANSPORTATION SECURITY ADMINISTRATION

2 For necessary expenses for ‘‘Transportation Security

3 Administration’’ related to conducting Operation Liberty

4 Shield and other purposes, $390,000,000, to remain avail5 able until expended: Provided, That of the total amount

6 provided herein, the following amounts are available for

7 obligation only for the specific purposes below:

8 (1) physical modification of commercial service

9 airports for the purposes of installing checked

10 baggage explosive detection systems into airport

11 baggage systems, $235,000,000;

12 (2) reimbursements to local and state law en13 forcement officers and National Guardsmen for in14 creased security measures at airports and other crit15 ical transportation sites, $85,000,000;

16 (3) port security grants, $40,000,000; and

17 (4) surface transportation security initiatives,

18 $30,000,000, of which $8,000,000 shall be available

19 for transit security.

20 In addition, for expenses related to aviation security,

21 $3,178,300,000, to remain available until September 30,

22 2003: Provided, That such appropriation shall be remitted

23 to United States flag air carriers for expenses incurred

24 related to aviation security based on the pro-rata share

25 each such carrier has paid or collected to date in passenger
40

•HR 1559 EH

1 security and air carrier security fees to the Transportation

2 Security Administration: Provded further, That such ap3 propriation shall be remitted to United States flag air car4 riers for expenses related to aviation security based on the

5 pro-rata share each such carrier is expected to pay or col6 lect to the Transportation Security Administration for the

7 remainder of the fiscal year: Provided further, That pay8 ments made under this heading may be used by an air

9 carrier for such purposes as each carrier determines ap10 propriate: Provided further, That payments made under

11 this heading shall be made within thirty days of enactment

12 of this Act: Provided further, That no airline receiving

13 funding under this heading may provide compensation

14 (pay, benefits and stock options) to senior executives that

15 exceeds the base pay and benefits that such executives re16 ceived in 2002.

17 FEDERAL LAW ENFORCEMENT TRAINING CENTER

18 OPERATING EXPENSES

19 For necessary expenses for ‘‘Federal Law Enforce20 ment Training Center Operating Expenses’’ related to

21 conducting Operation Liberty Shield, $2,000,000, to re22 main available until December 31, 2003.

23 OFFICE FOR DOMESTIC PREPAREDNESS

24 For an additional amount for ‘‘Office for Domestic

25 Preparedness’’, $2,200,000,000, to remain available until
41

•HR 1559 EH

1 December 31, 2003, for grants authorized by section 1014

2 of the USA PATRIOT Act of 2001 (Public Law 107–56)

3 and for other counterterrorism programs, of which

4 $1,500,000,000 shall be for formula-based grants, and of

5 which $700,000,000 shall be for discretionary grants for

6 use in high-density urban areas, in high-threat areas, and

7 for protection of critical infrastructure: Provided, That 80

8 percent of the funds provided under this heading to any

9 State shall be allocated by the State to units of local gov10 ernment within the State and shall be distributed by the

11 State within 45 days of the receipt of funds: Provided fur12 ther, That none of the funds provided under this heading

13 may be used for construction or renovation of facilities:

14 Provided further, That subsection (c)(3) of such section

15 1014 shall not apply to discretionary grants made under

16 this heading: Provided further, That the Secretary of

17 Homeland Security shall notify the Committees on Appro18 priations at least 15 days prior to the obligation of any

19 amount of the funds provided under this heading.

20 UNITED STATES COAST GUARD

21 OPERATING EXPENSES

22 For an additional amount for ‘‘Operating Expenses’’

23 for expenses related to conducting Operation Liberty

24 Shield and other purposes, $230,000,000, to remain avail25 able until December 31, 2003.
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•HR 1559 EH

1 EMERGENCY PREPAREDNESS AND RESPONSE

2 OPERATING EXPENSES

3 For necessary expenses for ‘‘Operating Expenses’’ re4 lated to conducting Operation Liberty Shield,

5 $45,000,000, to remain available until December 31,

6 2003.

7 INFORMATION ANALYSIS AND

8 INFRASTRUCTURE PROTECTION

9 OPERATING EXPENSES

10 For necessary expenses for ‘‘Operating Expenses’’ re11 lated to conducting Operation Liberty Shield,

12 $10,000,000, to remain available until December 31,

13 2003: Provided, That the Secretary of Homeland Security

14 shall notify the Committees on Appropriations at least 15

15 days prior to the obligation of any amount of the funds

16 provided under this heading.

17 GENERAL PROVISIONS

18 DEPARTMENT OF HOMELAND SECURITY

19 REPROGRAMMING AND TRANSFER GUIDELINES

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 1501. (a) None of the funds provided in this

22 Act, or provided in previous Appropriations Acts to the

23 agencies of the Department of Homeland Security that re24 main available for obligation or expenditure in fiscal year

25 2003, shall be available for obligation or expenditure
43

•HR 1559 EH

1 through a reprogramming of funds which: (1) creates a

2 new program; (2) eliminates a program, project, or activ3 ity; (3) increases funds for any program, project, or activ4 ity for which funds have been denied or restricted by Con5 gress; (4) deviates significantly from a program, project,

6 or activity described in the Department’s budget justifica7 tion as presented to or approved by Congress, including

8 those justifications submitted to Congress prior to the en9 actment of Public Law 107–296; or (5) proposes to use

10 funds directed for a specific activity by either the House

11 or Senate Committees on Appropriations for a different

12 purpose, unless the Committees on Appropriations of both

13 Houses of Congress are notified 15 days in advance of

14 such reprogramming of funds.

15 (b) None of the funds provided in this Act, or pro16 vided in previous Appropriations Acts to the agencies of

17 the Department of Homeland Security that remain avail18 able for obligation or expenditure in fiscal year 2003, shall

19 be available for obligation or expenditure for programs,

20 projects, or activities through a reprogramming of funds

21 in excess of $5,000,000 or 10 percent, whichever is less,

22 unless the Committees on Appropriations of both Houses

23 of Congress are notified 15 days in advance of such re24 programming of funds.
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•HR 1559 EH

1 (c) Not to exceed 5 percent of any appropriation

2 made available for the current fiscal year for the agencies

3 of the Department of Homeland Security in this Act or

4 provided in previous Appropriations Acts may be trans5 ferred between such appropriations, but no such appro6 priation, except as otherwise specifically provided, shall be

7 increased by more than 10 percent by any such transfers:

8 Provided, That any transfer pursuant to this section shall

9 be treated as a reprogramming of funds and shall not be

10 available for obligation unless the Committees on Appro11 priations of both Houses of Congress are notified 15 days

12 in advance of such transfer.

13 CHAPTER 6

14 DEPARTMENT OF HEALTH AND HUMAN

15 SERVICES

16 CENTERS FOR DISEASE CONTROL AND

17 PREVENTION

18 DISEASE CONTROL, RESEARCH, AND TRAINING

19 For an additional amount for ‘‘Centers for Disease

20 Control and Prevention, Disease Control, Research, and

21 Training’’, $16,000,000.
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•HR 1559 EH

1 OFFICE OF THE SECRETARY

2 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

3 FUND

4 For an additional amount for ‘‘Public Health and So5 cial Services Emergency Fund’’, for the Centers for Dis6 ease Control and Prevention, $94,000,000.

7 For an additional amount for ‘‘Public Health and So8 cial Services Emergency Fund’’, for costs associated with

9 compensating individuals with injuries resulting from ad10 ministration of a smallpox vaccine, $50,000,000 to remain

11 available until expended: Provided, That such amount

12 shall become available only upon the enactment of legisla13 tion authorizing a smallpox vaccination compensation pro14 gram.

15 GENERAL PROVISIONS—THIS CHAPTER

16 SEC. 1601. section 1113 (d) of the Social Security

17 Act (42 U.S.C. 1313 (d)) is amended by striking ‘‘1991’’

18 and inserting ‘‘2003’’.

19 CHAPTER 7

20 LEGISLATIVE BRANCH

21 HOUSE OF REPRESENTATIVES

22 SALARIES AND EXPENSES

23 For an additional amount for salaries and expenses

24 of the House of Representatives, $11,000,000, as follows:
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•HR 1559 EH

1 COMMITTEE EMPLOYEES

2 STANDING COMMITTEES, SPECIAL AND SELECT

3 For an additional amount for salaries and expenses

4 of standing committees, special and select, authorized by

5 House resolutions, $11,000,000: Provided, That such

6 amount shall remain available for such salaries and ex7 penses until December 31, 2004.

8 CAPITOL POLICE

9 GENERAL EXPENSES

10 For an additional amount for necessary expenses of

11 the Capitol Police, related emergency expenses for the se12 curity of the United States Capitol complex, $37,758,000,

13 to remain available until expended, to be disbursed by the

14 Chief of the Capitol Police or his designee: Provided, That

15 no part of such amount may be obligated without prior

16 approval of the Committee on Appropriations of the House

17 of Representatives and Senate.

18 OFFICE OF COMPLIANCE

19 SALARIES AND EXPENSES

20 For an additional amount for salaries and expenses

21 of the Office of Compliance, as authorized by section 305

22 of the Congressional Accountability Act of 1995 (2 U.S.C.

23 1385), $111,000.
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•HR 1559 EH

1 ARCHITECT OF THE CAPITOL

2 CAPITOL POLICE BUILDINGS AND GROUNDS

3 For an additional amount for necessary expenses for

4 the maintenance, care, and operation of buildings and

5 grounds of the United States Capitol Police, $63,868,000,

6 to remain available until expended.

7 LIBRARY OF CONGRESS

8 SALARIES AND EXPENSES

9 For an additional amount for necessary expenses for

10 the purchase and installation of a public address system,

11 $5,500,000, to remain available until September 30, 2007.

12 CONGRESSIONAL RESEARCH SERVICE

13 For an additional amount for necessary expenses for

14 the implementation of an alternate computer facility,

15 $1,863,000, to remain available until September 30, 2004.

16 GENERAL ACCOUNTING OFFICE

17 SALARIES AND EXPENSES

18 For an additional amount for necessary expenses of

19 security requirements for the General Accounting Office,

20 $4,900,000, to remain available until September 30, 2004.
48

•HR 1559 EH

1 CHAPTER 8

2 DEPARTMENT OF DEFENSE

3 MILITARY CONSTRUCTION

4 MILITARY CONSTRUCTION, NAVY

5 For an additional amount for ‘‘Military Construction,

6 Navy’’, $48,100,000, to remain available until September

7 30, 2007: Provided, That notwithstanding any other provi8 sion of law, such funds may be obligated or expended to

9 carry out military construction projects not otherwise au10 thorized by law.

11 MILITARY CONSTRUCTION, AIR FORCE

12 For an additional amount for ‘‘Military Construction,

13 Air Force’’, $5,100,000, to remain available until Sep14 tember 30, 2007: Provided, That notwithstanding any

15 other provision of law, such funds may be obligated or ex16 pended to carry out planning and design and military con17 struction projects not otherwise authorized by law.

18 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

19 FORCE

20 For an additional amount for ‘‘Family Housing Oper21 ation and Maintenance, Air Force’’, $1,800,000.

22 GENERAL PROVISIONS—THIS CHAPTER

23 SEC. 1801. None of the funds in the Defense Emer24 gency Response Fund for any fiscal year may be used to

25 carry out new military construction projects at a military
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•HR 1559 EH

1 installation inside or outside the United States or to reim2 burse other appropriations or funds of the Department of

3 Defense used to carry out such construction. For purposes

4 of this section, the terms ‘‘military construction’’ and

5 ‘‘military installation’’ have the meanings given such

6 terms in section 2801 of title 10, United States Code, ex7 cept that, with respect to military construction in a foreign

8 country, the term ‘‘military installation’’ includes, not only

9 buildings, structures, and other improvements to real

10 property under the operational control of the Secretary of

11 a military department or the Secretary of Defense, but

12 also any building, structure, or other improvement to real

13 property to be used by the Armed Forces, regardless of

14 whether such use is anticipated to be temporary or of

15 longer duration.

16 SEC. 1802. (a) CONGRESSIONAL NOTIFICATION OF

17 CONSTRUCTION USING OPERATION AND MAINTENANCE

18 FUNDS.—Amounts appropriated or otherwise made avail19 able for any fiscal year for the operation and maintenance

20 of the Armed Forces (including reserve components) or

21 for activities and agencies of the Department of Defense

22 may not be used to carry out military construction at a

23 military installation inside or outside the United States

24 unless the Secretary of a military department or the Sec25 retary of Defense, as the case may be—
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•HR 1559 EH

1 (1) in the case of military construction covered

2 by chapter 169 of title 10, United States Code, com3 plies with the requirements contained in such chap4 ter applicable to the use of operation and mainte5 nance funds for military construction; or

6 (2) in the case of military construction not oth7 erwise covered by such chapter, submits written no8 tice to the appropriate committees of Congress, not

9 later than 15 days before obligating funds for the

10 construction, containing an explanation of the need

11 to use operation and maintenance funds to carry out

12 the construction and the estimated cost of the con13 struction.

14 (b) DEFINITIONS.—For purposes of this section, the

15 terms ‘‘appropriate committees of Congress’’, ‘‘military

16 construction’’, and ‘‘military installation’’ have the mean17 ings given such terms in section 2801 of title 10, United

18 States Code, except that, with respect to military construc19 tion in a foreign country, the term ‘‘military installation’’

20 includes, not only buildings, structures, and other im21 provements to real property under the operational control

22 of the Secretary of a military department or the Secretary

23 of Defense, but also any building, structure, or other im24 provement to real property to be used by the Armed
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1 Forces, regardless of whether such use is anticipated to

2 be temporary or of longer duration.

3 TITLE II—TECHNICAL CORRECTIONS

4 SEC. 2001. Division F of Public Law 108–7 is hereby

5 amended under the heading ‘‘United States Fish and

6 Wildlife Service, State and Tribal Wildlife Grants’’ by

7 striking ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’.

8 SEC. 2002. The matter under the heading ‘‘Depart9 ment of Health and Human Services, Health Resources

10 and Services Administration, Health Resources and Serv11 ices’’, in Public Law 108–7 is amended—

12 (1) by striking ‘‘Heart Beat, New Bloomfield,

13 PA’’ and inserting ‘‘Heart Beat, Millerstown, PA’’

14 in lieu thereof;

15 (2) by striking ‘‘Tressler Lutheran Services,

16 Harrisburg, PA, for abstinence education and re17 lated services’’ and inserting ‘‘DIAKON Lutheran

18 Social Ministries, Allentown, PA, for abstinence edu19 cation and related services in Cumberland and Dau20 phin counties’’ in lieu thereof;

21 (3) by striking ‘‘Community Ministries of the

22 Lutheran Home at Topton, Reading, PA, for absti23 nence education and related services’’ and inserting

24 ‘‘DIAKON Lutheran Social Ministries of Allentown,
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1 PA, for abstinence education and related services in

2 Berks county’’ in lieu thereof;

3 (4) by striking ‘‘$298,153,000’’ and inserting

4 ‘‘$296,638,000’’ in the first proviso; and

5 (5) by inserting after ‘‘a study regarding deliv6 ery of pediatric health care in northeastern Okla7 homa,’’ ‘‘$225,000 is available for the Mental

8 Health Association of Tarrant County, Ft. Worth,

9 TX, to provide school-based mental health education

10 to schools in Tarrant County, $200,000 is available

11 for the AIDS Research Institute at the University of

12 California, San Francisco for a Developing Country

13 Medical Program to facilitate clinician exchange be14 tween the United States and developing countries,

15 $1,000,000 is available for the Geisinger Health

16 System, Harrisburg, PA, to establish centers of ex17 cellence for the treatment of autism,’’.

18 SEC. 2003. The matter under the heading ‘‘Office of

19 the Secretary, Public Health and Social Services Emer20 gency Fund’’, in title II of the Departments of Labor,

21 Health and Human Services, and Education, and Related

22 Agencies Appropriations Act, 2003, (Public Law 108–7;

23 division G) is amended by striking ‘‘, to be available until

24 expended’’ after the ‘‘$5,000,000’’.
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1 SEC. 2004. Section 207 of the Departments of Labor,

2 Health and Human Services, and Education, and Related

3 Agencies Appropriations Act, 2003 (Public Law 108–7;

4 division G) is amended by striking ‘‘or any other’’.

5 SEC. 2005. (a) In addition to the authority provided

6 in section 215 of the Departments of Labor, Health and

7 Human Services, and Education, and Related Agencies

8 Appropriations Act, 2003 (Public Law 108–7; division G),

9 in order for the Centers for Disease Control and Preven10 tion to carry out international health activities, including

11 HIV/AIDS and other infectious disease, chronic and envi12 ronmental disease, and other health activities abroad dur13 ing fiscal year 2003, the Secretary of Health and Human

14 Services may exercise authority equivalent to that avail15 able to the Secretary of State in section 2(c) of the State

16 Department Basic Authorities Act of 1956 (22 U.S.C.

17 2669(c)).

18 (b) The Secretary of Health and Human Services

19 shall consult with the Secretary of State and relevant

20 Chief of Mission to ensure that the authority provided in

21 this section is exercised in a manner consistent with sec22 tion 207 of the Foreign Service Act of 1980 (22 U.S.C.

23 3927) and other applicable statutes administered by the

24 Department of State.
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1 SEC. 2006. (a) The matter under the heading ‘‘De2 partment of Education, School Improvement Programs’’,

3 in Public Law 108–7 is amended—

4 (1) by striking ‘‘$508,100,000’’ and inserting

5 ‘‘$537,100,000’’; and

6 (2) by striking ‘‘$4,132,167,000’’ and inserting

7 ‘‘$4,233,167,000’’.

8 (b) In the statement of the managers of the com9 mittee of conference accompanying H.J. Res. 2 (Public

10 Law 108–7; House Report 108–10), in the matter in title

11 III of division G, relating to the Fund for the Improve12 ment of Education under the heading ‘‘School Improve13 ment Programs’’—

14 (1) the provision specifying $150,000 for Illi15 nois State Board of Education, Springfield, IL, for

16 computers, hardware and software for the implemen17 tation of Fast ForWord reading program to the

18 Pleasant Plains Community Unit District #8 and

19 Pleasant Plain Illinois District #18 shall be deemed

20 to read as follows: ‘‘Illinois State Board of Edu21 cation, Springfield, IL, for implementation of Fast

22 ForWord reading program to the Pleasant Plains

23 Community Unit District #8 and for improving

24 mathematics achievement in Peoria School District
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1 #150 and Jacksonville School District #117,

2 $150,000’’;

3 (2) the provision specifying $2,000,000 for

4 Pinellas County Florida School District, St. Peters5 burg, FL, for technology for Title I schools shall be

6 deemed to read as follows: ‘‘St. Petersburg College,

7 St. Petersburg, FL, for the Pinellas County Epi8 Center, $2,000,000’’;

9 (3) the provision specifying $500,000 for the

10 St. Louis Children’s Museum, MO, for a collabo11 rative project with the St. Louis Public Library to

12 create interactive exhibits and educational programs

13 shall be deleted;

14 (4) the provision specifying $25,000 for the

15 Boys and Girls Club of El Dorado, AR, for drug

16 prevention and after school programs shall be

17 deemed to read as follows: ‘‘Boys and Girls Club,

18 Southeast Unit, El Dorado, AR, for drug prevention

19 and after school programs, $25,000’’;

20 (5) the provision specifying $400,000 for the

21 Milwaukee Public Schools, WI, to expand before22 and after-school programs shall be deemed to read:

23 ‘‘Milwaukee Public Schools, WI, for before- and

24 after-school programs, $400,000’’;
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1 (6) the provision specifying $200,000 for

2 Tensas Reunion, Inc., Newellton, LA, for instruc3 tional technology training, and after school programs

4 at the Tensas Charter School shall be deemed to

5 read: ‘‘Tensas Reunion, Inc., Newellton, LA, for the

6 TREES Project in Tensas Parish, including activi7 ties such as the purchase of computers and edu8 cational software, tutoring, and workshops to pro9 mote parental involvement, $200,000’’;

10 (7) the provision specifying $250,000 for Com11 munity School District 8, Flushing, NY, for after12 school programs shall be deemed to read: ‘‘Commu13 nity School District 8, Bronx, NY, for after-school

14 programs, $250,000’’;

15 (8) the provision specifying $20,000 for

16 Westside High School, Bakersfield, CA, for equip17 ment shall be deemed to read: ‘‘West High School,

18 Bakersfield, CA, for equipment, $20,000’’;

19 (9) the provision specifying $1,000,000 for the

20 National Science Center Foundation, Atlanta, GA,

21 for educational technology and other purposes shall

22 be deemed to read: ‘‘National Science Center Foun23 dation, Augusta, GA, for educational technology and

24 other purposes, $1,000,000’’;
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1 (10) the provision specifying $200,000 for the

2 Golden Gate National Parks Association, San Fran3 cisco, CA, for environmental education programs at

4 the Crissy Field Center shall be deemed to read:

5 ‘‘Golden Gate National Parks Conservancy, San

6 Francisco, CA, for environmental education pro7 grams at the Crissy Field Center, $200,000’’;

8 (11) the provision specifying $100,000 for the

9 University of South Florida, Tampa, FL, for the

10 Tampa Bay Consortium for the Development of

11 Educational Leaders and the Preparation and Re12 cruitment of Teachers shall be deemed to read:

13 ‘‘University of South Florida, Tampa, FL, for the

14 Tampa Bay Consortium for the Development of

15 Educational Leaders, $100,000’’;

16 (12) the provision specifying $25,000 for the

17 Meredith-Dunn Learning Disabilities Center, Inc.,

18 Louisville, KY, for technology shall be deemed to

19 read as follows: ‘‘Meredith-Dunn Learning Disabil20 ities Center, Inc., Louisville, KY, for school coun21 seling services, $25,000’’;

22 (13) the provision specifying $40,000 for Fa23 ther Maloney’s Boys Haven, Louisville, KY, for tech24 nology shall be deemed to read as follows: ‘‘Father
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1 Maloney’s Boys Haven, Louisville, KY, for an edu2 cational program, $40,000’’;

3 (14) the provision specifying $50,000 for the

4 Joel II Restoration Ministries for education pro5 grams shall be deemed to read as follows: ‘‘Joel II

6 Restoration Outreach, Inc., for education programs,

7 $50,000’’; and

8 (15) the provision specifying $1,500,000 for the

9 City of Upland, CA, for after school programs shall

10 be deemed to read as follows: ‘‘YMCA of the City of

11 Upland, CA, for after-school activities, $1,500,000’’.

12 SEC. 2007. In the statement of the managers of the

13 committee of conference accompanying H.J. Res. 2 (Pub14 lic Law 108–7; House Report 108–10), in the matter in

15 title III of division G, relating to the Fund for the Im16 provement of Postsecondary Education under the heading

17 ‘‘Higher Education’’—

18 (1) the second reference to the provision speci19 fying $1,000,000 for the University of Massachu20 setts-Boston to purchase research equipment and

21 technology infrastructure shall be deleted;

22 (2) the provision specifying $100,000 for Slip23 pery Rock University, Slippery Rock, PA, for Knowl24 edge Pointe at Cranberry Woods, as part of an ini25 tiative to provide life-long educational services to
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1 Pittsburgh’s regional industry and community resi2 dents shall be deemed to read as follows: ‘‘Regional

3 Learning Alliance, Marshall Township in Allegheny

4 County, PA, as part of an initiative to provide life5 long educational services to Pittsburgh’s regional in6 dustry and community residents, $200,000’’;

7 (3) the provision specifying $100,000 for Slip8 pery Rock University, Slippery Rock, PA, for the

9 North Hill Educational Alliance shall be deleted; and

10 (4) the provision specifying $250,000 to the

11 National Aviary Conservation Education Technology

12 Integration in Pittsburgh shall be deemed to read as

13 follows: ‘‘National Aviary Conservation Education

14 Technology Integration in Pittsburgh, for the Re15 mote Audio-Visual Engagement Network (RAVEN)

16 project, $250,000’’.

17 SEC. 2008. Section 336 of division I of Public Law

18 108–7 is amended by striking ‘‘Transportation Manage19 ment’’ and inserting in lieu thereof ‘‘Urbanized’’.

20 SEC. 2009. Amounts made available to carry out sec21 tions 1212(k) and 5117(b)(6) of 112 Stat. 107 et seq.

22 shall be used to carry out item number 1278 of the table

23 contained in section 1602 of such Act (112 Stat. 263).

24 SEC. 2010. The matter under the heading ‘‘Corpora25 tion for National and Community Services, Domestic Vol-
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1 unteer Service Programs, Operating Expenses’’, in Public

2 Law 108–7 is amended by inserting after ‘‘in this Act’’

3 the following: ‘‘for activities authorized by section 122 of

4 part C of title I and part E of title II of the Domestic

5 Volunteer Service Act of 1973’’.

6 SEC. 2011. To liquidate obligations previously in7 curred, $64,000,000 is provided to the National Service

8 Trust of the Corporation for National and Community

9 Service: Provided, That the second proviso under the head10 ing ‘‘Corporation for National and Community Service’’

11 in division K of Public Law 108–7 is deemed to be amend12 ed by inserting after ‘‘section 501(a)(4)’’ the following:

13 ‘‘with not less than $2,500,000 for the Office of the Chief

14 Financial Officer to enact financial reform in the Corpora15 tion, notwithstanding the provisions of section

16 501(a)(4)(B) of the Act’’.

17 SEC. 2012. Section 115 under the heading ‘‘Depart18 ment of Veterans Affairs, Administrative Provisions’’ in

19 Public Law 108–7 is amended by striking ‘‘2 and’’.

20 TITLE III—GENERAL PROVISIONS—THIS ACT

21 SEC. 3001. No part of any appropriation contained

22 in this Act shall remain available for obligation beyond

23 the current fiscal year unless expressly so provided herein.

24 SEC. 3002. None of the funds made available in the

25 Act for reconstruction efforts in Iraq may be used to pro-
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1 cure goods or services from any entity that includes infor2 mation on a response to a Request for Proposal (RFP)

3 that indicates that such entity is organized under the laws

4 of France, Germany, the Russian Federation, or Syria.

5 This Act may be cited as the ‘‘Emergency Wartime

6 Supplemental Appropriations Act, 2003’’.

Passed the House of Representatives April 3, 2003.

Attest:

Clerk.