86–193

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 

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; 

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$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 

3

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. 

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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 automated

systems. 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 

5

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. 

6

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. 

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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 

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nity. 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 flexibility to 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 

9

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.

10

[In thousands of dollars] 

Budget request: Committee recommendation: 

Operation and Maintenance, Defense-Wide.$1,400,000 Operation and Maintenance, 

Defense-Wide.

1,400,000 

Defense Emergency Response Fund.59,863,200 Operation Iraqi Freedom Response Fund.59,682,500 

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 Evaluation.

(101,500) 

Combat, Stability Operations, and Force Reconstitution Costs.

(25,436,400) 

Defense Working Capital 

Fund (fuel costs).

430,000 Defense Working Capital 

Fund (fuel costs).

1,100,000 

Drug Interdiction and 

Counter-Drug Activities, 

Defense.

34,000 Drug Interdiction and 

Counter-Drug Activities, 

Defense.

34,000 

Natural Resources Risk Remediation Fund.489,300 Natural Resources Risk Remediation Fund.(1) 

General Provision: Reimburse O&M for 

Drawdowns.

165,000 Reimburse O&M for 

Drawdowns.

165,000 

General Provision: Defense 

Cooperation Account.

28,000 Defense Cooperation Account 28,000

Total ................................. 62,409,500 ................................................ 62,409,500 1May 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 a hedge 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:

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[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 

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ranted. 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 nearterm 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. 

13

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 Office of 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 

14

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 

Response Fund.

$59,682,500

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 Corps.

1,204,900

Military Personnel, 

Air Force.

1,834,800

Reserve Personnel, 

Army.

3,000

National Guard Personnel, Army.93,000

Operation and Maintenance.($20,735,700) 

Operation and Maintenance, Army.10,481,500 

Operation and Maintenance, Navy.3,940,300 

Operation and Maintenance, Marine 

Corps.

1,383,700 

Operation and Maintenance, Air Force.3,668,200 

15

[In thousands of dollars] 

Operation and Maintenance, DefenseWide.

901,900 

Operation and Maintenance, Army National Guard.

58,400 

Defense Health Program.301,700 

Procurement ................. ($1,314,400) 

Aircraft Procurement, 

Army.

4,100 

Missile Procurement, 

Army.

3,100 

Procurement of 

Weapons and 

Tracked Combat 

Vehicles, Army.

53,300 

Procurement of Ammunition, Army.447,500 

Other Procurement, 

Army.

241,800 

Other Procurement, 

Air Force.

113,600 

Procurement, DefenseWide.451,000 

Research, Development, 

Test and Evaluation.

($101,500) 

Research, Development, Test and 

Evaluation, Army.

11,500 

Research, Development, Test and 

Evaluation, Defense-Wide.

90,000 

Combat, Stability Operations, and Force Reconstitution Costs.

($25,436,400) 

Operation and Maintenance.

1 $20,214,300 

Procurement ................. 1 $4,242,000 

Research, Development, 

Test and Evaluation.

1 $57,600 

Reimbursement for 

Coast Guard support 

to military operations.

1 $400,000 

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 addiVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
16

tional 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) 

17

(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 

18

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 serviceVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
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men 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 TomaVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00019 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
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hawk missiles, Laser Guided Bombs, Wind Corrected Munitions 

Dispenser (WCMD), Joint Standoff Weapon (JSOW), Affordable 

Weapons System, Javelin, Tube-launched Optically-tracked Wireguided (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 ReVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
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sponse 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 Committee recommends $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 ConVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
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tinuing 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. 

23

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. 

24

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 ComVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00024 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
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mittee 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. The Committee 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 

26

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 

27

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 

28

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. 

29

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 in- cluded 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 improved capabilities 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, 

30

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 

making appropriations for foreign operations, export financing, and 

related programs already provide sufficient authority to transfer 

funds. 

31

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. 

32

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. 

33

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 SecuVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00033 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
34

rity 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 and must 

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 

35

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 reVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00035 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
36

capitalization 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 appropriaVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00036 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
37

tions, 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 authorVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
38

izing 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. 

39

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. 

40

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 cenVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00040 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
41

ters 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 Fund in 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 

42

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. 

43

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 CounterDrug 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. 

44

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 payments to 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. 

45

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 or loan guarantees may be made available to 

46

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. 

47

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 the Iran-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 NaVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00047 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
48

tional 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:

49

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 ø$25,000,000¿

$50,000,000 may be available for the CINC initiative fund account; 

and of which not to exceed ø$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 

50

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 øMay 31¿

51

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’’ ø: 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, ø1991¿ 2003. 

* * * * * * *

52

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, $5,000,000ø, 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 

ø$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 

53

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 not

be 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 øHeart 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, 

54

$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 øTressler 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 øCommunity 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, 

55

$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. 

* * * * * * *

56

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 øor 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, ø$8,052,957,000¿

$8,053,507,000, of which ø$508,100,000¿ $537,100,000 shall become 

available October 1, 2002, and shall remain available through September 30, 2004, of which ø$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 asVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00056 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
57

sistance, 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 

ø$814,660,000¿ $815,210,000 shall be available to carry out part D 

of title V of the ESEA: Provided further, That ø$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, ø$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 

58

dissemination activities: Provided further, That ø$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 øTransportation Management¿ Urbanized

Area.

APPROPRIATIONS NOT AUTHORIZED BY LAW 

[Dollars in millions] 

Agency/program Last year of 

authorization 

Authorization 

level 

Appropriation in 

last year of authorization 

Appropriation in 

this bill 

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 Affairs ....... 2001 4,162,950 4,777,175 243,628

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, Defense ......................................................................... 2003 859,907 881,907 34,000 

Sec. 307. Afghan National Army .................................. 2003 0 0 165,000 

Sec. 310. Defense Cooperation Account ....................... 2003 0 0 28,000

59

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 sectionøs 2 and¿ 5 of Public Law 107–287. 

* * * * * * *

Child Survival and 

Health Programs 

Fund (See note 

below).

Population (1987); 

Health and Disease 

Prevention (1987); 

Child Survival Fund 

(1987); HIV/AIDS 

(2002).

Population 

($290,000,000); 

Health and Disease 

Prevention 

($180,000,000); 

Child Survival Fund 

($75,000,000); HIV/

AIDS ($300,000,000).

Population 

($234,625,000); 

Health and Disease 

Prevention 

($166,762,500); 

Child Survival Fund 

($75,000,000); HIV/

AIDS ($475,000,000 

in fy2002, of which 

$435,000,000 in this 

account).

$40,000,000

International Disaster 

Assistance.

1987 ............................. $25,000,000 ................. $70,000,000 ................. 160,000,000

Operating expenses of 

the United States 

Agency for International Development.

1987 ............................. $387,000,000 ............... $340,000,000 ............... $23,000,000

Economic Support Fund 1987 ............................. $3,800,000,000 ............ $3,555,000,000 ............ 2,342,000,000

Iraq Relief and Reconstruction Fund.None ............................. ................................. ................................. 2,483,300,000

International Narcotics 

Control and Law Enforcement.

1994 ............................. $171,500,000 ............... $100,000,000 ............... 25,000,000

Andean Counterdrug 

Initiative.

None ............................. ................................. ................................. 34,000,000

Nonproliferation Antiterrorism, demining 

and related programs 

(See note below).

None ............................. ................................. ................................. 28,000,000

Foreign Military Financing Program.2002 ............................. $3,627,000,000 ............ $3,650,000,000 ............ 2,059,100,000

Peacekeeping operations 1999 ............................. $83,000,000 ................. $76,500,000 ................. 115,000,000

Federal Law Enforcement Training Center.N/A ................................ N/A ................................ N/A ................................ 2,000

Transportation Security 

Administration: 

grants to Air Carrier.

N/A ................................ N/A ................................ N/A ................................ 3,178,300

Smallpox Vaccine Compensation Program.N/A ................................ N/A ................................ N/A ................................ 50,000 

Department of Defense—Military: 

Military Construction, Navy.2003 ............................. 1,297,298 ..................... 1,305,128 ..................... 48,100 

Military Construction, Air Force.2003 ............................. 1,044,277 ..................... 1,080,247 ..................... 5,100 

Family Housing 

Operation and 

Maintenance, 

Air Force.

2003 ............................. 854,268 ........................ 863,050 ........................ 1,800

Note.—Programs recommended herein under ‘‘Child Survival and 

Health Programs Fund’’ were last authorized under a different acVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00059 Fmt 6659 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
60

count 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.

61

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 

62

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 

63

Mr. Wolf Mr. Regula 

Mr. Rothman 

Ms. Roybal-Allard 

Mr. Sabo 

Mr. Serrano 

Mr. Sherwood 

Mr. Simpson 

Mr. Walsh 

Mr. Young

64

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 

65

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

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(77)

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 

78

is now being deployed by the U.S. Department of 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 

79

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-bysite 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 healththreatening 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 

80

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 illprepared response could hurt its people to a much greater extent 

than any single attack by a terrorist.’’ States and local govern- ments 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 are enormous. 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 RepubVerDate Jan 31 2003 06:46 Apr 03, 2003 Jkt 085758 PO 00000 Frm 00080 Fmt 6604 Sfmt 6602 E:\HR\OC\HR055.XXX HR055
81

lican 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 

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82

poses. 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 

83

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. 

84

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.

(85)

APPENDIX A, TO THE ADDITIONAL VIEWS BY MR. OBEY

State name $1.5B ODP allocation in bill 

Additional 

$300M for 

ODP 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

86

State name $1.5B ODP allocation in bill 

Additional 

$300M for 

ODP included 

in amendment 

Guam ............................................................................................................................................... 4.2 0.8

No. Mariana Islands ........................................................................................................................ 4.0 0.8

Total ................................................................................................................................... 1,500 300

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(117)

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 ongoing 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.

Æ