1108
HJ 2 EAS
(B) by striking the letter ‘‘G’’ and inserting
in lieu thereof ‘‘g’’ in the word ‘‘Gifts’’ in the
second place it appears;
(4) in subsection 1511(e)(2), after the word ‘‘de-
velopment’’ and before the period, by inserting: ‘‘, and
to any funds provided to the Coast Guard from the
Aquatic Resources Trust Fund of the Highway Trust
Fund for boating safety programs’’; and
(5) at the end of the Act, by adding the following
new section:
‘‘SEC. 1714. Notwithstanding any other provision of
this Act, any report, notification, or consultation address-
ing directly or indirectly the use of appropriated funds and
stipulated by this Act to be submitted to, or held with, the
Congress or any Congressional committee shall also be sub-
mitted to, or held with, the Committees on Appropriations
of the Senate and the House of Representatives under the
same conditions and with the same restrictions as stipu-
lated by this Act.’’.
SEC. 104. CONTRACTS WITH CORPORATE EXPATRI-
ATES. (a) SHORT TITLE.—This section may be cited as the
‘‘Senator Paul Wellstone Corporate Patriotism Act of
2003’’.
(b) LIMITATION
ON WAIVERS.—Section 835 of the
Homeland Security Act of 2002 (Public Law 107–296) is
1109
HJ 2 EAS
amended by striking subsection (d) and inserting the fol-
lowing:
‘‘(d) WAIVERS.—The President may waive subsection
(a) with respect to any specific contract if the President
certifies to Congress that the waiver is essential to the na-
tional security.’’.
(c) EXPANDED COVERAGE
OF ENTITIES.—Section
835(a) of such Act is amended by inserting ‘‘nor any di-
rectly or indirectly held subsidiary of such entity’’ after
‘‘subsection (b)’’.
SEC. 105. SAVINGS PROVISION OF CERTAIN TRANS-
FERS MADE UNDER THE HOMELAND SECURITY ACT OF
2002. The transfer of functions under subtitle B of title XI
of the Homeland Security Act of 2003 (Public Law 107–
296) shall not affect any pending or completed administra-
tive actions, including orders, determinations, rules, regula-
tions, personnel actions, permits, agreements, grants, con-
tracts, certificates, licenses, or registrations, in effect on the
date immediately prior to the date of such transfer, or any
proceeding, unless and until amended, modified, super-
seded, terminated, set aside, or revoked. Pending civil ac-
tions shall not be affected by such transfer of functions.
SEC. 106. RESTORATION OF PROVISION REGARDING
FEES TO COVER THE FULL COSTS OF ALL ADJUDICATION
SERVICES. The Homeland Security Act of 2002 is amended
1110
HJ 2 EAS
by striking section 457, including the amendment made by
such section.
SEC. 107. SENSE OF THE SENATE. It is the sense of
the Senate that the conferees on the part of the Senate on
the disagreeing votes of the two Houses on this joint resolu-
tion should insist that the committee of conference ensure
that the joint resolution as reported from the committee in-
cludes section 102 of division L relating to Homeland Secu-
rity Act of 2002 Amendments, as passed by the Senate (re-
lating to amendments to sections 1714 through 1717 of the
Homeland Security Act of 2002 (Public Law 107–296)).
DIVISION M—OTHER MATTERS
TITLE I—DEFENSE RELATED TECHNICAL
CORRECTIONS
SEC. 101. Section 8126 of Public Law 107–248 is
amended to read as follows: ‘‘Of the amounts appropriated
in Public Law 107–206, under the heading ‘Defense Emer-
gency Response Fund’, up to $4,500,000 may be made
available to settle the disputed takings of property adjacent
to the Army Tooele Depot, Utah: Provided, That none of
these funds may be used to acquire fee title to the prop-
erties.’’.
SEC. 102. Of the amounts appropriated in Public Law
107–248, under the heading ‘‘Operation and Maintenance,
Navy’’, $20,000,000 shall be available for use only in the
1111
HJ 2 EAS
disposal of obsolete vessels in the Maritime Administration
National Defense Reserve Fleet. Further, the Secretary of
the Navy and the Secretary of Transportation shall report
to the congressional defense committees no later than March
1, 2003, regarding the total number of obsolete vessels in
the Maritime Administration National Defense Reserve
Fleet designated for disposal, the comparative condition of
the vessels, the method of disposal, and the projected costs
for disposal of each vessel.
SEC. 103. Section 124 of Public Law 107–249 is
amended as follows: ‘‘Not more than $2,000,000 of the funds
appropriated or made available by this Act may be obli-
gated for Partnership for Peace Programs.’’.
SEC. 104. In Public Law 107–249, the total amount
appropriated under the heading ‘‘Military Construction,
Air Force’’ is reduced by $18,600,000, and the total amount
appropriated under the heading ‘‘Military Construction,
Air Force Reserve’’ is increased by $18,600,000.
SEC. 105. (a) Of the funds appropriated in Public Law
107–249 
for 
‘‘Military 
Construction, 
Air 
Force’’,
$15,000,000 for land acquisition at Nellis Air Force Base,
Nevada, may be transferred by the Secretary of the Air
Force to the United States Fish and Wildlife Service to ful-
fill the obligations of the Air Force under section
3011(b)(5)(F) of the Military Lands Withdrawal Act of
1112
HJ 2 EAS
1999. Upon receipt by the Service of the funds transferred
in this paragraph, the obligations of the Department of the
Air Force shall be considered fulfilled.
(b) The United States Fish and Wildlife Service may
grant funds received by the Service under subsection (a) in
a lump sum to the National Fish and Wildlife Foundation
for use in accomplishing the purposes of section
3011(b)(5)(F) of the Military Lands Withdrawal Act of
1999. Funds received by the Foundation under the previous
paragraph shall be subject to the provisions of the National
Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3709(a)).
SEC. 106. Section 8040 of Public Law 107–248 is
amended by striking ‘‘$100,000’’ and inserting ‘‘$250,000’’.
SEC. 107. Upon enactment of this Act, the Secretary
of Defense shall make the following transfers of funds: Pro-
vided, That the amounts transferred shall be made available
for the same purpose as the appropriations to which trans-
ferred, and for the same time period as the appropriation
from which transferred: Provided further, That the amounts
shall be transferred between the following appropriations in
the amount specified:
To:
Under the heading, ‘‘Procurement, Defense-
Wide, 2003/2005’’, $74,000,000; and
1113
HJ 2 EAS
‘‘Procurement, 
Defense-Wide 
2002/2004’’
$30,000,000;
From:
Under the heading, ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army 2002/
2004’’, $5,000,000;
‘‘Procurement of Weapons and Tracked
Combat Vehicles, Army 2003/2005’’, $10,000,000;
‘‘Procurement of Ammunition, Army, 2002/
2004’’, $10,100,000;
‘‘Research, Development, Test and Evalua-
tion, Army, 2002/2003’’, $5,000,000;
‘‘Research, Development, Test and Evalua-
tion, Army, 2003/2004’’, $60,000,000; and
‘‘Research, Development, Test and Evalua-
tion, Defense-Wide, 2003/2004’’, $13,900,000.
SEC. 108. Notwithstanding any other provision of law,
from funds made available to the Department of Defense
under the heading ‘‘Operation and Maintenance, Defense-
Wide’’ in the Department of Defense Appropriations Act,
2003 (Public Law 107–248), the Secretary of Defense shall
award a grant in the amount of $2,000,000 to the Common-
wealth of Pennsylvania for Quecreek Mine disaster rescue
and recovery efforts.
1114
HJ 2 EAS
SEC. 109. In addition to amounts appropriated in
Public Law 107–248 there are hereby appropriated the fol-
lowing amounts for the following accounts:
‘‘Operation 
and 
Maintenance, 
Army’’,
$133,947,000;
‘‘Operation 
and 
Maintenance, 
Navy’’,
$55,013,000;
‘‘Operation 
and 
Maintenance, 
Air 
Force’’,
$80,158,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$418,297,000;
‘‘Other Procurement, Air Force’’, $2,977,841,000;
‘‘Procurement, Defense-Wide’’, $32,975,000;
‘‘Research, Development, Test and Evaluation,
Navy’’, $2,000,000;
‘‘Research, Development, Test and Evaluation,
Air Force’’, $26,980,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide’’, $167,718,000.
SEC. 110. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 414).
1115
HJ 2 EAS
SEC. 111. (a) LIMITATION ON USE OF FUNDS FOR RE-
SEARCH
AND DEVELOPMENT
ON TOTAL INFORMATION
AWARENESS PROGRAM.—Notwithstanding any other provi-
sion of law, commencing 60 days after the date of the enact-
ment of this Act, no funds appropriated or otherwise made
available to the Department of Defense, whether to an ele-
ment of the Defense Advanced Research Projects Agency or
any other element, or to any other department, agency, or
element of the Federal Government, may be obligated or ex-
pended on research and development on the Total Informa-
tion Awareness program unless—
(1) the report described in subsection (b) is sub-
mitted to Congress not later than 60 days after the
date of the enactment of this Act; or
(2) the President certifies to Congress in writing,
that—
(A) the submittal of the report to Congress
within 60 days after the date of the enactment
of this Act is not practicable; and
(B) the cessation of research and develop-
ment on the Total Information Awareness pro-
gram would endanger the national security of
the United States.
(b) REPORT.—The report described in this subsection
is a report, in writing, of the Secretary of Defense, the At-
1116
HJ 2 EAS
torney General, and the Director of Central Intelligence,
acting jointly, that—
(1) contains—
(A) a detailed explanation of the actual and
intended use of funds for each project and activ-
ity of the Total Information Awareness program,
including an expenditure plan for the use of such
funds;
(B) the schedule for proposed research and
development on each project and activity of the
Total Information Awareness program; and
(C) target dates for the deployment of each
project and activity of the Total Information
Awareness program;
(2) assesses the likely efficacy of systems such as
the Total Information Awareness program in pro-
viding practically valuable predictive assessments of
the plans, intentions, or capabilities of terrorists or
terrorist groups;
(3) assesses the likely impact of the implementa-
tion of a system such as the Total Information
Awareness program on privacy and civil liberties;
and
(4) sets forth a list of the laws and regulations
that govern the information to be collected by the
1117
HJ 2 EAS
Total Information Awareness program, and a de-
scription of any modifications of such laws that will
be required to use the information in the manner pro-
posed under such program;
(5) includes recommendations, endorsed by the
Attorney General, for practices, procedures, regula-
tions, or legislation on the deployment, implementa-
tion, or use of the Total Information Awareness pro-
gram to eliminate or minimize adverse effects of such
program on privacy and other civil liberties.
(c) LIMITATION ON DEPLOYMENT OF TOTAL INFORMA-
TION AWARENESS PROGRAM.—(1) Notwithstanding any
other provision of law and except as provided in paragraph
(2), if and when research and development on the Total In-
formation Awareness program, or any component of such
program, permits the deployment or implementation of
such program or component, no department, agency, or ele-
ment of the Federal Government may deploy or implement
such program or component, or transfer such program or
component to another department, agency, or element of the
Federal Government, until the Secretary of Defense—
(A) notifies Congress of that development, includ-
ing a specific and detailed description of—
1118
HJ 2 EAS
(i) each element of such program or compo-
nent intended to be deployed or implemented;
and
(ii) the method and scope of the intended
deployment or implementation of such program
or component (including the data or information
to be accessed or used); and
(B) has received specific authorization by law
from Congress for the deployment or implementation
of such program or component, including—
(i) a specific authorization by law for the
deployment or implementation of such program
or component; and
(ii) a specific appropriation by law of
funds for the deployment or implementation of
such program or component.
(2) The limitation in paragraph (1) shall not apply
with respect to the deployment or implementation of the
Total Information Awareness program, or a component of
such program, in support of the following:
(A) Lawful military operations of the United
States conducted outside the United States.
(B) Lawful foreign intelligence activities con-
ducted wholly overseas, or wholly against non-United
States persons.
1119
HJ 2 EAS
(d) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) the Total Information Awareness program
should not be used to develop technologies for use in
conducting intelligence activities or law enforcement
activities against United States persons without ap-
propriate consultation with Congress or without clear
adherence to principles to protect civil liberties and
privacy; and
(2) the primary purpose of the Defense Advanced
Research Projects Agency is to support the lawful ac-
tivities of the Department of Defense and the national
security programs conducted pursuant to the laws as-
sembled for codification purposes in title 50, United
States Code.
(e) DEFINITIONS.—In this section:
(1) TOTAL
INFORMATION
AWARENESS
PRO-
GRAM.—The term ‘‘Total Information Awareness
program’’—
(A) means the computer hardware and soft-
ware components of the program known as Total
Information Awareness, any related information
awareness program, or any successor program
under the Defense Advanced Research Projects
1120
HJ 2 EAS
Agency or another element of the Department of
Defense; and
(B) includes a program referred to in sub-
paragraph (1), or a component of such program,
that has been transferred from the Defense Ad-
vanced Research Projects Agency or another ele-
ment of the Department of Defense to any other
department, agency, or element of the Federal
Government.
(2) NON-UNITED
STATES
PERSON.—The term
‘‘non-United States person’’ means any person other
than a United States person.
(3) UNITED STATES PERSON.—The term ‘‘United
States person’’ has the meaning given that term in
section 101(i) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801(i)).
TITLE II
PRICE-ANDERSON ACT AMENDMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Price-Anderson Amend-
ments Act of 2002’’.
SEC. 202. EXTENSION OF INDEMNIFICATION AUTHORITY.
(a) INDEMNIFICATION
OF
NUCLEAR
REGULATORY
COMMISSION LICENSEES.—Section 170 c. of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2210(c)) is amended—
1121
HJ 2 EAS
(1) in the subsection heading, by striking ‘‘LI-
CENSES’’ and inserting ‘‘LICENSEES’’; and
(2) by striking ‘‘August 1, 2002’’ each place it
appears and inserting ‘‘August 1, 2017’’.
(b) INDEMNIFICATION OF DEPARTMENT OF ENERGY
CONTRACTORS.—Section 170 d.(1)(A) of the Atomic Energy
Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by strik-
ing ‘‘December 31, 2004’’ and inserting ‘‘August 1, 2017’’.
(c) INDEMNIFICATION OF NONPROFIT EDUCATIONAL
INSTITUTIONS.—Section 170 k. of the Atomic Energy Act
of 1954 (42 U.S.C. 2210(k)) is amended by striking ‘‘August
1, 2002’’ each place it appears and inserting ‘‘August 1,
2017’’.
(d) EFFECTIVE DATE.—The indemnification authority
extended by this section shall apply to nuclear incidents
occurring on or after August 1, 2002.
SEC. 203. MAXIMUM ASSESSMENT.
Section 170 of the Atomic Energy Act of 1954 (42
U.S.C. 2210) is amended—
(1) in the second proviso of the third sentence of
subsection b.(1)—
(A) by striking ‘‘$63,000,000’’ and inserting
‘‘$94,000,000’’; and
(B) by striking ‘‘$10,000,000 in any 1
year’’ and inserting ‘‘$15,000,000 in any 1 year
1122
HJ 2 EAS
(subject to adjustment for inflation under sub-
section t.)’’; and
(2) in subsection t.(1)—
(A) by inserting ‘‘total and annual’’ after
‘‘amount of the maximum’’;
(B) by striking ‘‘the date of the enactment
of the Price-Anderson Amendments Act of 1988’’
and inserting ‘‘July 1, 2002’’; and
(C) by striking ‘‘such date of enactment’’
and inserting ‘‘July 1, 2002’’.
SEC. 204. DEPARTMENT OF ENERGY LIABILITY LIMIT.
(a) INDEMNIFICATION OF DEPARTMENT OF ENERGY
CONTRACTORS.—Section 170 d. of the Atomic Energy Act
of 1954 (42 U.S.C. 2210(d)) is amended by striking para-
graph (2) and inserting the following:
‘‘(2) In an agreement of indemnification entered into
under paragraph (1), the Secretary—
‘‘(A) may require the contractor to provide and
maintain financial protection of such a type and in
such amounts as the Secretary shall determine to be
appropriate to cover public liability arising out of or
in connection with the contractual activity; and
‘‘(B) shall indemnify the persons indemnified
against such liability above the amount of the finan-
cial 
protection 
required, 
in 
the 
amount 
of
1123
HJ 2 EAS
$10,000,000,000 (subject to adjustment for inflation
under subsection t.), in the aggregate, for all persons
indemnified in connection with the contract and for
each nuclear incident, including such legal costs of the
contractor as are approved by the Secretary.’’.
(b) CONTRACT AMENDMENTS.—Section 170 d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is further
amended by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) All agreements of indemnification under which
the Department of Energy (or its predecessor agencies) may
be required to indemnify any person under this section shall
be deemed to be amended, on the date of enactment of the
Price-Anderson Amendments Act of 2002, to reflect the
amount of indemnity for public liability and any applica-
ble financial protection required of the contractor under this
subsection.’’.
(c) LIABILITY LIMIT.—Section 170 e.(1)(B) of the
Atomic Energy Act of 1954 (42 U.S.C. 2210(e)(1)(B)) is
amended—
(1) by striking ‘‘the maximum amount of finan-
cial protection required under subsection b. or’’; and
(2) by striking ‘‘paragraph (3) of subsection d.,
whichever amount is more’’ and inserting ‘‘paragraph
(2) of subsection d.’’.
1124
HJ 2 EAS
SEC. 205. INCIDENTS OUTSIDE THE UNITED STATES.
(a) AMOUNT OF INDEMNIFICATION.—Section 170d.(5)
of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5))
is amended by striking ‘‘$100,000,000’’ and inserting
‘‘$500,000,000’’.
(b) LIABILITY LIMIT.—Section 170e.(4) of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by
striking ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’.
SEC. 206. REPORTS.
Section 170p. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(p)) is amended by striking ‘‘August 1, 1998’’
and inserting ‘‘August 1, 2013’’.
SEC. 207. INFLATION ADJUSTMENT.
Section 170t. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(t)) is amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by adding after paragraph (1) the following:
‘‘(2) The Secretary shall adjust the amount of indem-
nification provided under an agreement of indemnification
under subsection d. not less than once during each 5-year
period following July 1, 2002, in accordance with the aggre-
gate percentage change in the Consumer Price Index
since—
‘‘(A) that date, in the case of the first adjustment
under this paragraph; or
1125
HJ 2 EAS
‘‘(B) the previous adjustment under this para-
graph.’’.
SEC. 208. TREATMENT OF MODULAR REACTORS.
Section 170b. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(b)) is amended by adding at the end the fol-
lowing:
‘‘(5)(A) For purposes of this section only, the Commis-
sion shall consider a combination of facilities described in
subparagraph (B) to be a single facility having a rated ca-
pacity of 100,000 electrical kilowatts or more.
‘‘(B) A combination of facilities referred to in subpara-
graph (A) is 2 or more facilities located at a single site,
each of which has a rated capacity of 100,000 electrical kilo-
watts or more but not more than 300,000 electrical kilo-
watts, with a combined rated capacity of not more than
1,300,000 electrical kilowatts.’’.
SEC. 209. APPLICABILITY.
The amendments made by sections 203, 204, and 205
do not apply to a nuclear incident that occurs before the
date of the enactment of this Act.
SEC. 210. CIVIL PENALTIES.
(a) REPEAL
OF AUTOMATIC REMISSION.—Section
234Ab.(2) of the Atomic Energy Act of 1954 (42 U.S.C.
2282a(b)(2)) is amended by striking the last sentence.
1126
HJ 2 EAS
(b) LIMITATION
FOR
NOT-FOR-PROFIT
INSTITU-
TIONS.—Subsection d. of section 234A of the Atomic Energy
Act of 1954 (42 U.S.C. 2282a(d)) is amended to read as
follows:
‘‘d.(1) Notwithstanding subsection a., in the case of
any not-for-profit contractor, subcontractor, or supplier, the
total amount of civil penalties paid under subsection a.
may not exceed the total amount of fees paid within any
one-year period (as determined by the Secretary) under the
contract under which the violation occurs.
‘‘(2) For purposes of this section, the term ‘not-for-
profit’ means that no part of the net earnings of the con-
tractor, subcontractor, or supplier inures, or may lawfully
inure, to the benefit of any natural person or for-profit arti-
ficial person.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall not apply to any violation of the Atomic En-
ergy Act of 1954 occurring under a contract entered into
before the date of enactment of this section.
DIVISION N—EMERGENCY RELIEF AND OFFSETS
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2003, and for other pur-
poses, namely:
1127
HJ 2 EAS
TITLE I—ELECTION REFORM
SEC. 101. (a) In addition to amounts otherwise made
available in this Act, $1,500,000,000 is appropriated to es-
tablish an election reform grant program to provide assist-
ance to States and localities in improving election tech-
nology and the administration of Federal elections.
TITLE II—AGRICULTURAL ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Agricultural Assistance
Act of 2003’’.
SEC. 202. DEFINITIONS.
In this title:
(1) COVERED COMMODITY.—The term ‘‘covered
commodity’’ has the meaning given the term in sec-
tion 1001 of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 7901).
(2) DISASTER
COUNTY.—The term ‘‘disaster
county’’ means a county included in the geographic
area covered by a qualifying natural disaster declara-
tion, excluding a contiguous county.
(3) ELIGIBLE NONINSURABLE COMMODITY.—The
term ‘‘eligible noninsurable commodity’’ means an el-
igible crop for which the producers on a farm are eli-
gible to obtain assistance under section 196 of the
1128
HJ 2 EAS
Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7333).
(4) INSURABLE COMMODITY.—The term ‘‘insur-
able commodity’’ means an agricultural commodity
(excluding livestock) produced in an area that is eli-
gible for coverage under a policy or plan of insurance
under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.).
(5) QUALIFYING NATURAL DISASTER DECLARA-
TION.—The term ‘‘qualifying natural disaster dec-
laration’’ means—
(A) a natural disaster declared by the Sec-
retary under section 321(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C.
1961(a)); or
(B) a major disaster or emergency des-
ignated by the President under the Robert T.
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.).
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
SEC. 203. SUPPLEMENTAL DIRECT PAYMENTS.
(a) IN GENERAL.—The Secretary shall make payments
to producers on a farm if—
1129
HJ 2 EAS
(1)(A) the farm is located in a disaster county
declared during calendar year 2001 or 2002; or
(B) the producers on the farm have incurred
qualifying crop losses with respect to the 2001 or
2002 crop of a covered commodity or peanuts due to
damaging weather or related condition, as determined
by the Secretary using the same loss thresholds for the
quantity and quality losses as were used in admin-
istering section 815 of the Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 106–
387; 114 Stat. 1549, 1549A–55); and
(2) the producers on the farm are eligible for di-
rect payments for the 2002 crop of a covered com-
modity or peanuts under sections 1103 and 1303, re-
spectively, of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 7913, 7953).
(b) AMOUNT.—The amount of the payment made to
the producers on a farm under this section shall be equal
to 42 percent of the amount of the direct payment the pro-
ducers on the farm are eligible to receive for the 2002 crop
under sections 1103 and 1303, respectively, of the Farm Se-
curity and Rural Investment Act of 2002 (7 U.S.C. 7913,
7953).
1130
HJ 2 EAS
(c) CROP INSURANCE.—As a condition of the receipt
of a payment under this section—
(1) in the case of an insurable commodity, the
producers on the farm shall enter into a contract with
the Secretary under which the producers on the farm
agree—
(A) to obtain at least catastrophic risk pro-
tection coverage for each insurable commodity
produced on the farm for each of the next 2 crop
years for which crop insurance is available
under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.), as determined by the Secretary;
and
(B) on violation of the contract, to repay to
the Secretary any payment received under this
section; and
(2) in the case of an eligible noninsurable com-
modity, the producers on the farm shall enter into a
contract with the Secretary under which the pro-
ducers on the farm agree—
(A) to file the required paperwork, and pay
the administrative fee by the applicable State fil-
ing deadline, for each eligible noninsurable com-
modity produced on the farm for each of the next
2 crop or calendar years (as applicable) under
1131
HJ 2 EAS
section 196 of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7333),
as determined by the Secretary; and
(B) on violation of the contract, to repay to
the Secretary any payment received under this
section.
(d) ADMINISTRATION.—The total amount of payments
made to a person under this section for 1 or more covered
commodities, and the total amount of payments made to
a person under this section for peanuts, shall not exceed
the dollar amounts that are specified in paragraphs (1) and
(2), respectively, of section 1001(b) of the Food Security Act
of 1985 (7 U.S.C. 1308(b)).
(e) TIME FOR PAYMENT.—The Secretary shall make
payments under this section as soon as practicable after the
date of enactment of this Act.
SEC. 204. LIVESTOCK ASSISTANCE.
(a) LIVESTOCK ASSISTANCE PROGRAM.—Subject to
subsection (c), in carrying out the 2002 Livestock Com-
pensation Program announced by the Secretary on October
10, 2002 (67 Fed. Reg. 63070), the Secretary shall—
(1) provide assistance to any applicant that—
(A) conducts a livestock operation that is
physically located in a county that requested a
declaration as a disaster county during the pe-
1132
HJ 2 EAS
riod beginning on January 1, 2001, and ending
on the date of enactment of this Act; and
(B) meets all other eligibility requirements
established by the Secretary for the Program;
(2) provide assistance to producers of an animal
described in section 10806(a)(1) of the Farm Security
and Rural Investment Act of 2002 (21 U.S.C.
321d(a)(1)) that meet all other eligibility require-
ments established by the Secretary for the Program;
and
(3) effective beginning on the date of enactment
of this Act, carry out the Program using funds of the
Commodity Credit Corporation.
(b) LIVESTOCK LOSS ASSISTANCE PROGRAM.—
(1) IN GENERAL.—Subject to paragraph (2) and
subsection (c), the Secretary shall use $250,000,000 of
funds of the Commodity Credit Corporation to estab-
lish a program under which payments for livestock
losses are made using the criteria established to carry
out the 1999 Livestock Assistance Program to pro-
ducers for losses in a disaster county declared during
calendar year 2001 or 2002.
(2) CHOICE OF PAYMENTS.—If the farm of the
producers is located in a disaster county declared
during each of calendar years 2001 and 2002, the
1133
HJ 2 EAS
producers on the farm may elect to receive payments
under this subsection for losses associated with the
qualifying natural disaster declaration in either cal-
endar year 2001 or calendar year 2002, but not both.
(c) RELATIONSHIP OF LIVESTOCK ASSISTANCE PRO-
GRAMS.—
(1) DEFINITION OF LIVESTOCK ASSISTANCE PRO-
GRAM.—In this subsection, the term ‘‘livestock assist-
ance program’’ means—
(A) the 2002 Cattle Feed Program an-
nounced by the Secretary on September 3, 2002
(67 Fed. Reg. 56260);
(B) the 2002 Livestock Compensation Pro-
gram, as announced by the Secretary on October
10, 2002 (67 Fed. Reg. 63070) and modified in
accordance with subsection (a); and
(C) the livestock loss assistance program es-
tablished under subsection (b).
(2) PAYMENTS.—The amount of assistance that
the producers on a farm would otherwise receive for
a loss under a livestock assistance program shall be
reduced by the amount of the assistance that the pro-
ducers on the farm receive under any other livestock
assistance program.
1134
HJ 2 EAS
SEC. 205. EMERGENCY SURPLUS REMOVAL.
The Secretary shall transfer $250,000,000 of funds of
the Commodity Credit Corporation to the fund established
by section 32 of the Act of August 24, 1935 (7 U.S.C. 612c),
to carry out emergency surplus removal of agricultural
commodities.
SEC. 206. SPECIALTY CROPS.
The Secretary shall use $100,000,000 of funds of the
Commodity Credit Corporation to provide assistance to
producers directly or through grants to States, or take such
other action as the Secretary determines is appropriate, to
assist producers of fruits and vegetables (including nuts).
SEC. 207. TOBACCO PAYMENTS.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE PERSON.—The term ‘‘eligible per-
son’’ means a person that—
(A) owns a farm for which, irrespective of
temporary transfers or undermarketings, a basic
quota or allotment for eligible tobacco is estab-
lished for the 2002 crop year under part I of
subtitle B of title III of the Agricultural Adjust-
ment Act of 1938 (7 U.S.C. 1311 et seq.);
(B) controls the farm from which, under the
quota or allotment for the relevant period, eligi-
ble tobacco is marketed, could have been mar-
1135
HJ 2 EAS
keted, or can be marketed, taking into account
temporary transfers; or
(C) grows, could have grown, or can grow
eligible tobacco that is marketed, could have been
marketed, or can be marketed under the quota or
allotment for the 2002 crop year, taking into ac-
count temporary transfers.
(2) ELIGIBLE TOBACCO.—The term ‘‘eligible to-
bacco’’ means each of the following kinds of tobacco:
(A) Flue-cured tobacco, comprising types
11, 12, 13, and 14.
(B) Fire-cured tobacco, comprising types
21, 22, and 23.
(C) Dark air-cured tobacco, comprising
types 35 and 36.
(D) Virginia sun-cured tobacco, comprising
type 37.
(E) Burley tobacco, comprising type 31.
(F) Cigar-filler and cigar-binder tobacco,
comprising types 42, 43, 44, 54, and 55.
(b) PAYMENTS.—Not later than June 1, 2003, the Sec-
retary shall use funds of the Commodity Credit Corporation
to make payments under this section.
(c) POUNDAGE PAYMENT QUANTITIES.—
(1) IN GENERAL.—
1136
HJ 2 EAS
(A) FLUE-CURED AND CIGAR TOBACCO.—In
the case of Flue-cured tobacco (types 11, 12, 13,
and 14) and cigar-filler and cigar-binder tobacco
(types 42, 43, 44, 54, and 55), the poundage
payment quantity under this section shall equal
the number of pounds of the basic poundage
quota of the kind of tobacco, irrespective of tem-
porary transfers or undermarketings, under part
I of subtitle B of title III of the Agricultural Ad-
justment Act of 1938 (7 U.S.C. 1311 et seq.) for
the 2002 crop year.
(B) OTHER KINDS OF ELIGIBLE TOBACCO.—
In the case of each other kind of eligible tobacco,
the poundage payment quantity under this sec-
tion shall equal—
(i) in the case of eligible persons that
are 
owners 
described 
in 
subsection
(a)(1)(A), the number of pounds of the basic
poundage quota of the kind of tobacco, irre-
spective of temporary transfers or under-
marketings, under part I of subtitle B of
title III of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1311 et seq.) for the 2002
crop year; and
1137
HJ 2 EAS
(ii) in the case of eligible persons that
are controllers described in subsection
(a)(1)(B) or growers described in subsection
(a)(1)(C), the number of pounds of effective
poundage quota of the kind of tobacco, in-
cluding temporary transfers or undermar-
ketings, under part I of subtitle B of title
III of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1311 et seq.) for the 2002
crop year.
(2) CONVERSION OF INDIVIDUAL ALLOTMENTS TO
POUNDAGE
PAYMENT
QUANTITIES.—In the case of
each kind of eligible tobacco other than Flue-cured to-
bacco (types 11, 12, 13, and 14) and Burley tobacco
(type 31), individual allotments shall be converted to
poundage payment quantities by multiplying—
(A) the number of acres that may, irrespec-
tive of temporary transfers or undermarketings,
be devoted, without penalty, to the production of
the kind of tobacco under the allotment under
part I of subtitle B of title III of the Agricul-
tural Adjustment Act of 1938 (7 U.S.C. 1311 et
seq.) for the 2002 crop year; by
(B)(i) in the case of fire-cured tobacco (type
21), 1,746 pounds per acre;
1138
HJ 2 EAS
(ii) in the case of fire-cured tobacco (types
22 and 23), 2,676 pounds per acre;
(iii) in the case of dark air-cured tobacco
(types 35 and 36), 2,475 pounds per acre;
(iv) in the case of Virginia sun-cured to-
bacco (type 37), 1,502 pounds per acre; and
(v) in the case of cigar-filler and cigar-
binder tobacco (types 42, 43, 44, 54, and 55),
2,230 pounds per acre.
(d) AVAILABLE PAYMENT AMOUNTS.—The available
payment amount for each kind of eligible tobacco under sub-
section (b) shall not exceed the amount obtained by
multiplying—
(1) 5.55 cents per pound; and
(2) the national basic poundage quota for the ap-
plicable kind.
(e) DIVISION OF PAYMENTS AMONG ELIGIBLE PER-
SONS.—
(1) IN GENERAL.—Payments available with re-
spect to a pound of payment quantity, as determined
under subsection (d), shall be made available to eligi-
ble persons in accordance with this paragraph, as de-
termined by the Secretary.
(2) FLUE-CURED AND CIGAR TOBACCO.—In the
case of payments made available in a State under
1139
HJ 2 EAS
subsection (b) for Flue-cured tobacco (types 11, 12,
13, and 14) and cigar-filler and cigar-binder tobacco
(types 42, 43, 44, 54, and 55), the Secretary shall dis-
tribute (as determined by the Secretary)—
(A) 50 percent of the payments to eligible
persons that are owners described in subsection
(a)(1)(A); and
(B) 50 percent of the payments to eligible
persons that are growers described in subsection
(a)(1)(C).
(3) OTHER KINDS OF ELIGIBLE TOBACCO.—In
the case of payments made available in a State under
subsection (b) for each other kind of eligible tobacco
not covered by paragraph (2), the Secretary shall dis-
tribute (as determined by the Secretary)—
(A) 331⁄3 percent of the payments to eligible
persons that are owners described in subsection
(a)(1)(A);
(B) 331⁄3 percent of the payments to eligible
persons that are controllers described in sub-
section (a)(1)(B); and
(C) 331⁄3 percent of the payments to eligible
persons that are growers described in subsection
(a)(1)(C).
1140
HJ 2 EAS
(f) SPECIAL RULE FOR GEORGIA.—The Secretary may
make payments under this section to eligible persons in
Georgia only if the State of Georgia agrees to use
$13,000,000 to make payments at the same time, or subse-
quently, to the same persons in the same manner as pro-
vided for the Federal payments under this section, as re-
quired by section 204(b)(6) of the Agricultural Risk Protec-
tion Act of 2000 (7 U.S.C. 1421 note; Public Law 106–
224).
(g) JUDICIAL REVIEW.—A determination by the Sec-
retary under this section shall not be subject to judicial re-
view.
SEC. 208. COTTONSEED.
The Secretary shall use $50,000,000 of funds of the
Commodity Credit Corporation to provide assistance to
producers and first-handlers of the 2002 crop of cottonseed.
SEC. 209. HURRICANE ASSISTANCE.
(a) IN GENERAL.—In a State in a which a qualifying
natural disaster declaration has been made during a cal-
endar year, the Secretary shall make available to first proc-
essors that are eligible to obtain a loan under section 156(a)
of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7272(a)) assistance in the form of pay-
ments, or commodities in the inventory of the Commodity
Credit Corporation from carrying out that section, to par-
1141
HJ 2 EAS
tially compensate producers and first processors for crop
and other losses that are related to the qualifying natural
disaster declaration.
(b) ADMINISTRATION.—Assistance under this section
shall be—
(1) shared by an affected first processor with af-
fected producers that provide commodities to the proc-
essor in a manner that reflects contracts entered into
between the processor and the producers; and
(2) made available under such terms and condi-
tions as the Secretary determines are necessary to
carry out this section.
(c) QUANTITY.—To carry out this section, the Sec-
retary shall—
(1) use 200,000 tons of commodities in the in-
ventory of the Commodity Credit Corporation under
section 156(a) of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7272(a));
(2) make payments in an aggregate amount
equal to the market value of 200,000 tons of commod-
ities described in paragraph (1); or
(3) take any combination of actions described in
paragraphs (1) and (2) using commodities or pay-
ments with a total market value of 200,000 tons of
commodities described in paragraph (1).
1142
HJ 2 EAS
(d) LIMITATIONS.—The Secretary shall provide assist-
ance under this section only in a State described in section
359f(c)(1)(A) of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1359ff(c)(1)(A)) in which a qualifying natural
disaster declaration was made during calendar year 2002.
SEC. 210. WEATHER-RELATED LOSSES.
The Secretary shall use not more than $80,000,000 of
funds of the Commodity Credit Corporation to provide as-
sistance to sugar beet producers that suffered production
losses (including quality losses) for the 2002 crop year, as
determined by the Secretary.
SEC. 211. ASSISTANCE TO AGRICULTURAL PRODUCERS LO-
CATED ALONG RIO GRANDE FOR WATER
LOSSES.
(a) 
IN
GENERAL.—The 
Secretary 
shall 
use
$10,000,000 of funds of the Commodity Credit Corporation
to make a grant to the State of Texas, acting through the
Texas Department of Agriculture, to provide assistance to
agricultural producers in the State of Texas with farming
operations along the Rio Grande that have suffered eco-
nomic losses during the 2002 crop year due to the failure
of Mexico to deliver water to the United States in accord-
ance with the Treaty Relating to the Utilization of Waters
of the Colorado and Tijuana Rivers and of the Rio Grande,
and Supplementary Protocol signed November 14, 1944,
1143
HJ 2 EAS
signed at Washington February 3, 1944 (59 Stat. 1219; TS
994).
(b) AMOUNT.—The amount of assistance provided to
individual agricultural producers under this section shall
be proportional to the amount of economic losses described
in subsection (a) that were incurred by the producers.
SEC. 212. ASSISTANCE TO AGRICULTURAL PRODUCERS LO-
CATED IN NEW MEXICO FOR TEBUTHIURON
APPLICATION LOSSES.
(a) IN GENERAL.—The Secretary shall use not more
than $1,650,000 of funds of the Commodity Credit Corpora-
tion to reimburse agricultural producers on farms located
in the vicinity of Malaga, New Mexico, for losses incurred
during calendar years 2002 and 2003 as the result of the
application by the Federal Government of tebuthiuron on
land on or near the farms of the producers during August
2002, to remain available until expended.
(b) AMOUNT.—The amount of assistance provided to
individual agricultural producers under this section shall
be proportional to the amount of losses described in sub-
section (a) that were incurred by the producers.
SEC. 213. ADMINISTRATION.
Section 1232(a)(7)(A)(iii) of the Food Security Act of
1985 (16 U.S.C. 3832(a)(7)(A)(iii)) is amended by insert-
1144
HJ 2 EAS
ing before the semicolon the following: ‘‘, except that this
clause shall not apply during the 2002 calendar year’’.
SEC. 214. SENSE OF SENATE ON ASSISTANCE FOR PORK
PRODUCERS UNDER THE FEED ASSISTANCE
PROGRAMS.
It is the sense of the Senate that—
(1) weather-related disasters have caused eco-
nomic distress for United States pork producers in
the form of higher feed costs;
(2) feed assistance programs administered by the
Secretary (such as the Livestock Assistance Program
established under part 1439 of title 7, Code of Federal
Regulations, and the 2002 Cattle Feed Program an-
nounced by the Secretary on September 3, 2002 (67
Fed. Reg. 56260)), have been very effective in—
(A) assisting cow-calf producers that have
been negatively affected by weather-related disas-
ters; and
(B) reducing Commodity Credit Corpora-
tion-owned stocks of powdered nonfat dry milk;
and
(3) the Secretary, using authorities of the Com-
modity Credit Corporation, should expand feed assist-
ance programs administered by the Secretary to in-
1145
HJ 2 EAS
clude United States pork producers that are nega-
tively affected by weather-related disasters.
SEC. 215. FUNDING.
(a) IN GENERAL.—The Secretary shall use the funds,
facilities, and authorities of the Commodity Credit Cor-
poration to carry out this title, to remain available until
expended.
(b) ADMINISTRATION.—The Secretary, acting through
the Farm Service Agency, may use not more than
$70,000,000 of funds of the Commodity Credit Corporation
to cover administrative costs associated with the implemen-
tation of this title and title I of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.), to
remain available until expended.
SEC. 216. REGULATIONS.
(a) IN GENERAL.—The Secretary may promulgate
such regulations as are necessary to implement this title.
(b) PROCEDURE.—The promulgation of the regulations
and administration of this title shall be made without re-
gard to—
(1) the notice and comment provisions of section
553 of title 5, United States Code;
(2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
1146
HJ 2 EAS
13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code
(commonly known as the ‘‘Paperwork Reduction
Act’’).
(c) CONGRESSIONAL
REVIEW
OF
AGENCY
RULE-
MAKING.—In carrying out this section, the Secretary shall
use the authority provided under section 808 of title 5,
United States Code.
TITLE III—WILDLAND FIRE EMERGENCY
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WILDLAND FIRE MANAGEMENT
For an additional amount to repay prior year ad-
vances from other appropriations transferred for wildfire
suppression and emergency rehabilitation by the Depart-
ment of the Interior, $189,000,000, to remain available
until expended.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WILDLAND FIRE MANAGEMENT
For an additional amount to repay advances from
other appropriations from which funds were transferred for
wildfire suppression and emergency rehabilitation activi-
1147
HJ 2 EAS
ties, $636,000,000, to remain available until expended. Of
the funds provided, $70,000,000 shall be transferred to the
Knutson Vandenburg fund, $30,000,000 shall be transferred
to the Salvage Sale fund, $143,000,000 shall be transferred
to the Land Acquisition account, $132,000,000 shall be
transferred to the Capital Improvement and Maintenance
account, $30,000,000 shall be transferred to the Timber
Purchaser Election account, $77,000,000 shall be trans-
ferred to the State and Private Forestry account,
$23,000,000 shall be transferred to the Forest and Range-
land Research account, $62,000,000 shall be transferred to
the National Forest System account, $20,000,000 shall be
transferred to the Brush Disposal Account, $30,000,000
shall be transferred to the Working Capital Fund of the For-
est Service, $4,000,000 shall be transferred to the Receipts
for Road and Trail fund, $1,000,000 shall be transferred
to the Operations and Maintenance of Quarters fund, and
$14,000,000 shall be transferred to the Forest Service Recre-
ation Fee Demonstration fund.
TITLE IV—TANF AND MEDICARE
SEC. 401. Section 114 of Public Law 107–229, as
amended by section 3 of Public Law 107–240 and by section
2 of Public Law 107–294, is amended—
1148
HJ 2 EAS
(1) by striking ‘‘the date specified in section
107(c) of this joint resolution’’ and inserting ‘‘Sep-
tember 30, 2003’’; and
(2) by striking ‘‘: Provided further, That not-
withstanding’’ and all that follows through the period
and inserting a period.
SEC. 402. SPECIFICATION OF THE CONVERSION FAC-
TOR FOR PAYMENTS UNDER THE MEDICARE PHYSICIAN
FEE SCHEDULE
FOR 2003. (a) IN GENERAL.—Section
1848(d) of the Social Security Act (42 U.S.C. 1395w–4(d))
is amended by adding at the end the following new para-
graph:
‘‘(5) CONVERSION FACTOR FOR 2003.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (4), the conversion factor established under
this subsection for services furnished during the
period beginning on March 1, 2003, and ending
on September 30, 2003, shall be equal to the con-
version factor established under this subsection
for 2002.’’.
‘‘(B) NO EFFECT FOR SUBSEQUENT PERI-
ODS.—The conversion factor under paragraph
(1) and the update adjustment factor under
paragraph (4)(B) for the portion of 2003 occur-
ring after September 30, 2003, and before Janu-
1155
HJ 2 EAS
(1) $17,500,000 shall be made available for as-
sistance to the shrimp industries in the states of
South Carolina, Georgia, North Carolina, and Flor-
ida in proportion to the percentage of the shrimp
catch landed by each state for economic assistance to
the South Atlantic shrimp fishery: Provided, That the
State of Florida shall receive only that proportion as-
sociated with landings of the Florida east coast fish-
ery; and
(2) $17,500,000 shall be made available for as-
sistance to the shrimp industries in the states of Mis-
sissippi, Texas, Alabama, Louisiana, and Florida in
proportion to the percentage of the shrimp catch land-
ed by each state for economic assistance to the Gulf
shrimp fishery: Provided, That the State of Florida
shall receive only that proportion associated with
landings of the Florida gulf coast fishery. Provided
further, That 2 percent of funds received by each state
shall be retained by the state for distribution of addi-
tional payments to fishermen with a demonstrated
record of compliance with turtle excluder and bycatch
reduction device regulations, and that the remainder
of the funds may be used only for: (A) personal assist-
ance with priority given to food, energy needs, hous-
ing assistance, transportation fuel, and other urgent