H. J. Res. 2—524
(INCLUDING TRANSFER OF FUNDS)
SEC. 109. In addition to amounts appropriated in Public Law
107–248, there are hereby appropriated the following amounts for
the following accounts: Provided, That funds included in this provi-
sion may be transferred to and merged with appropriations pre-
viously made available to the Department of Defense for the same
time period and for the same purposes as required to carry out
the intent of Congress as expressed in the Classified Annex accom-
panying the Statement of the Managers:
‘‘Military Personnel, Army’’, $771,200,000;
‘‘Military Personnel, Navy’’, $213,800,000;
‘‘Military Personnel, Marine Corps’’, $68,600,000;
‘‘Military Personnel, Air Force’’, $563,400,000;
‘‘Operation and Maintenance, Army’’, $1,340,347,000;
‘‘Operation and Maintenance, Navy’’, $435,813,000;
‘‘Operation and Maintenance, Marine Corps’’, $202,100,000;
‘‘Operation and Maintenance, Air Force’’, $1,766,958,000;
‘‘Operation 
and 
Maintenance, 
Defense-Wide’’,
$1,377,313,000;
‘‘Missile Procurement, Air Force’’, $115,000,000;
‘‘Other Procurement, Air Force’’, $2,271,657,000;
‘‘Procurement, Defense-Wide’’, $33,448,000;
‘‘Research, Development, Test and Evaluation, Navy’’,
$2,000,000;
‘‘Research, Development, Test and Evaluation, Air Force’’,
$311,980,000;
‘‘Research, Development, Test and Evaluation, Defense-
Wide’’, $416,284,000;
‘‘Defense Health Program’’, $95,100,000; and
‘‘Intelligence 
Community 
Management 
Account’’,
$15,000,000, of which $5,000,000 shall be transferred to the
Department of Justice for the National Drug Intelligence
Center.
SEC. 110. Funds appropriated by this Act or by Public Law
107–248, or made available by the transfer of funds in this Act
or in Public Law 107–248, for intelligence activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414).
SEC. 111. (a) LIMITATION ON USE OF FUNDS FOR RESEARCH
AND
DEVELOPMENT
ON
TOTAL
INFORMATION
AWARENESS
PRO-
GRAM.—Notwithstanding any other provision of law, commencing
90 days after the date of the enactment of this Act, no funds
appropriated or otherwise made available to the Department of
Defense, whether to an element 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 expended on research and development on the Total Information
Awareness program unless—
(1) the report described in subsection (b) is submitted to
Congress not later than 90 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
90 days after the date of the enactment of this Act is
not practicable; and
H. J. Res. 2—525
(B) the cessation of research and development on the
Total Information Awareness program 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 Attorney 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 activity of the Total
Information Awareness program, including an expenditure
plan for the use of such funds;
(B) the schedule for proposed research and develop-
ment 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 providing practically valu-
able predictive assessments of the plans, intentions, or capabili-
ties of terrorists or terrorist groups;
(3) assesses the likely impact of the implementation of
a system such as the Total Information Awareness program
on privacy and civil liberties;
(4) sets forth a list of the laws and regulations that govern
the information to be collected by the Total Information Aware-
ness program, and a description of any modifications of such
laws that will be required to use the information in the manner
proposed under such program; and
(5) includes recommendations, endorsed by the Attorney
General, for practices, procedures, regulations, or legislation
on the deployment, implementation, or use of the Total Informa-
tion Awareness program to eliminate or minimize adverse
effects of such program on privacy and other civil liberties.
(c) LIMITATION ON DEPLOYMENT OF TOTAL INFORMATION AWARE-
NESS PROGRAM.—(1) Notwithstanding any other provision of law
and except as provided in paragraph (2), if and when research
and development on the Total Information Awareness program,
or any component of such program, permits the deployment or
implementation of such program or component, no department,
agency, or element of the Federal Government may deploy or imple-
ment 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, including a spe-
cific and detailed description of—
(i) each element of such program or component
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 Con-
gress 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
H. J. Res. 2—526
(ii) a specific appropriation by law of funds for the
deployment or implementation of such program or compo-
nent.
(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 con-
ducted outside the United States.
(B) Lawful foreign intelligence activities conducted wholly
against non-United States persons.
(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 intel-
ligence activities or law enforcement activities against United
States persons without appropriate 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 activities of the Depart-
ment of Defense and the national security programs conducted
pursuant to the laws assembled for codification purposes in
title 50, United States Code.
(e) DEFINITIONS.—In this section:
(1) TOTAL INFORMATION AWARENESS PROGRAM.—The term
‘‘Total Information Awareness program’’—
(A) means the computer hardware and software compo-
nents of the program known as Total Information Aware-
ness, any related information awareness program, or any
successor program under the Defense Advanced Research
Projects Agency or another element of the Department
of Defense; and
(B) includes a program referred to in subparagraph
(1), or a component of such program, that has been trans-
ferred from the Defense Advanced Research Projects
Agency or another element 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 per-
son’’ has the meaning given that term in section 101(i) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(i)).
(INCLUDING TRANSFER OF FUNDS)
SEC. 112. Section 8005 of the Department of Defense Appropria-
tions Act, 2003 (Public Law 107–248) is amended by inserting
before the period at the end the following: ‘‘: 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
H. J. Res. 2—527
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
107–327) prior to notifying the House and Senate Committees on
Appropriations of the source of funds to be used for such purpose’’.
DIVISION N—EMERGENCY RELIEF AND OFFSETS
SECTION 1. SHORT TITLE.—This division may be cited as the
‘‘Miscellaneous Appropriations Act, 2003’’.
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2003, and for other purposes, namely:
TITLE I-ELECTION REFORM
ELECTION ASSISTANCE COMMISSION
SALARIES AND EXPENSES
For necessary expenses to carry out the Help America Vote
Act of 2002, $2,000,000.
ELECTION ASSISTANCE COMMISSION
ELECTION REFORM PROGRAMS
For necessary expenses to carry out programs as authorized
by the Help America Vote Act of 2002, $833,000,000, of which
$830,000,000 shall be for requirements payments under section
257 of that Act, of which $1,500,000 shall be available for a Help
America Vote College Program, and of which $1,500,000 shall be
available for the establishment of a Help America Vote foundation:
Provided, That no more than one-tenth of 1 percent of funds avail-
able for requirements payments under section 257 of the Help
America Vote Act of 2002 shall be allocated to any territory.
GENERAL SERVICES ADMINISTRATION
ELECTION REFORM PAYMENTS
For necessary expenses to carry out programs of payments
to states as authorized by title I of the Help America Vote Act
of 2002, $650,000,000, of which not to exceed $500,000 shall be
available to the General Services Administration for necessary
administrative expenses.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
DISABLED VOTER SERVICES
For necessary expenses to carry out programs as authorized
by the Help America Vote Act of 2002, $15,000,000, of which
H. J. Res. 2—528
$13,000,000 shall be for payments to States to promote disabled
voter access, and of which $2,000,000 shall be for payments to
States for disabled voters protection and advocacy systems.
TITLE II—AGRICULTURAL ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Agricultural Assistance Act
of 2003’’.
SEC. 202. CROP DISASTER ASSISTANCE.
(a) ASSISTANCE AVAILABLE.—The Secretary of Agriculture (in
this title referred to as the ‘‘Secretary’’) shall use such sums as
are necessary of funds of the Commodity Credit Corporation to
make emergency financial assistance available to producers on a
farm that have incurred qualifying losses for the 2001 or 2002
crop of an agricultural commodity (other than sugar or tobacco)
due to damaging weather or related condition, as determined by
the Secretary.
(b) ADMINISTRATION.—
(1) USE OF FORMER ADMINISTRATIVE AUTHORITY.—Except
as provided in paragraph (2), the Secretary shall make assist-
ance available under this section in the same manner as pro-
vided under section 815 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appro-
priations Act, 2001 (Public Law 106–387; 114 Stat. 1549A–
55), including using the same loss thresholds for quantity and
quality losses as were used in administering that section.
(2) PAYMENT RATE.—The payment rate for a crop for assist-
ance provided under this section to the producers on a farm
shall be calculated as follows:
(A) If the producers obtained a policy or plan of insur-
ance, including a catastrophic risk protection plan, for the
crop under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.), 50 percent of the applicable price for the crop.
(B) If a policy or plan of insurance, including a cata-
strophic risk protection plan, for the crop was not available
to the producers under the Federal Crop Insurance Act,
50 percent of the applicable price for the crop.
(C) Subject to subsections (e) and (f), if the producers
did not obtain a policy or plan of insurance, including
a catastrophic risk protection plan, available for the crop
under the Federal Crop Insurance Act, 45 percent of the
applicable price for the crop.
(c) ELECTION OF CROP YEAR.—If a producer incurred qualifying
crop losses in both the 2001 and 2002 crop years, the producer
shall elect to receive assistance under this section for losses incurred
in either the 2001 crop year or the 2002 crop year, but not both.
(d) PAYMENT LIMITATION.—
(1) LIMITATION.—Assistance provided under this section
to a producer for losses to a crop, together with the amounts
specified in paragraph (2) applicable to the same crop, may
not exceed 95 percent of what the value of the crop would
have been in the absence of the losses, as estimated by the
Secretary.
H. J. Res. 2—530
(1) USE OF COMMODITY CREDIT CORPORATION FUNDS.—Effec-
tive beginning on the date of enactment of this Act, the Sec-
retary shall use funds of the Commodity Credit Corporation
to carry out the 2002 Livestock Compensation Program
announced by the Secretary on October 10, 2002 (67 Fed. Reg.
63070).
(2) ELIGIBLE APPLICANTS.—Subject to subsection (c), in car-
rying out the Program, the Secretary shall—
(A) provide assistance to any applicant that—
(i) conducts a livestock operation that is physically
located in a disaster county; and
(ii) meets all other eligibility requirements estab-
lished by the Secretary for the Program; and
(B) provide assistance to any applicant that—
(i) produces 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)); and
(ii) meets all other eligibility requirements estab-
lished by the Secretary for the Program.
(b) LIVESTOCK ASSISTANCE PROGRAM.—
(1) ASSISTANCE AVAILABLE.—Subject to paragraph (2) and
subsection (c), the Secretary shall use $250,000,000 of funds
of the Commodity Credit Corporation to establish a program
under which payments are made to livestock producers for
losses in a disaster county. To carry out the program, the
Secretary shall use the criteria established to carry out the
1999 Livestock Assistance Program, except that, in lieu of
the gross revenue criteria used for the 1999 Livestock Assist-
ance Program, the Secretary shall use the adjusted gross income
limitation contained in section 1001D of the Food Security
Act of 1985 (7 U.S.C. 1308–3a).
(2) CHOICE
OF
PAYMENTS.—If the livestock operation of
the producers is located in a county that was declared to
be a disaster county for both calendar year 2001 and calendar
year 2002, the producers shall elect to receive payments under
this subsection for losses in either calendar year 2001 or cal-
endar year 2002, but not both. If the livestock operation is
located in a county that was declared to be a disaster county
in just one of those calendar years, the producers may still
elect to receive payments under this subsection for losses in
either calendar year, but not both.
(c) RELATIONSHIP OF LIVESTOCK ASSISTANCE PROGRAMS.—
(1) REDUCTION IN PAYMENTS.—The amount of assistance
that the producers would otherwise receive for a loss under
a livestock assistance program described in paragraph (2) shall
be reduced by the amount of the assistance that the producers
receive under any other livestock assistance program described
in such paragraph.
(2) COVERED LIVESTOCK ASSISTANCE PROGRAMS.—Paragraph
(1) applies to the following livestock assistance programs:
(A) The 2002 Cattle Feed Program announced by the
Secretary on September 3, 2002 (67 Fed. Reg. 56260).
(B) The 2002 Livestock Compensation Program, as
announced by the Secretary on October 10, 2002 (67 Fed.
Reg. 63070), and modified in accordance with subsection
(a).
H. J. Res. 2—531
(C) The livestock assistance program established under
subsection (b).
(D) Any other livestock assistance program, as deter-
mined by the Secretary.
(d) DEFINITIONS.—In this section:
(1) DISASTER COUNTY.—The term ‘‘disaster county’’ means
a county included in the geographic area covered by a qualifying
natural disaster declaration for calendar year 2001 or calendar
year 2002 for which the request for such declaration was sub-
mitted during the period beginning on January 1, 2001, and
ending on the date of enactment of this Act. However, the
term does not include a contiguous county.
(2) QUALIFYING
NATURAL
DISASTER
DECLARATION.—The
term ‘‘qualifying natural disaster declaration’’ means—
(A) a natural disaster declared by the Secretary under
section 321(a) of the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 1961(a)); or
(B) a major disaster or emergency designated by the
President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
SEC. 204. EMERGENCY SURPLUS REMOVAL.
The Secretary shall transfer $250,000,000 of funds of the Com-
modity 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. 205. TOBACCO PAYMENTS.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE PERSON.—The term ‘‘eligible person’’ 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 established for the 2002 crop year
under part I of subtitle B of title III of the Agricultural
Adjustment 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, eligible tobacco is
marketed, could have been marketed, 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 account temporary transfers.
(2) ELIGIBLE TOBACCO.—The term ‘‘eligible tobacco’’ 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.
H. J. Res. 2—532
(b) PAYMENTS.—Not later than June 1, 2003, the Secretary
shall use funds of the Commodity Credit Corporation to make
payments under this section.
(c) POUNDAGE PAYMENT QUANTITIES.—
(1) IN GENERAL.—
(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 temporary
transfers or undermarketings, 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.
(B) OTHER KINDS OF ELIGIBLE TOBACCO.—In the case
of each other kind of eligible tobacco, the poundage pay-
ment quantity under this section 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,
irrespective of temporary transfers or undermar-
ketings, as determined under paragraph (2); and
(ii) in the case of eligible persons that are control-
lers 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,
including temporary transfers or undermarketings, as
determined under paragraph (2).
(2) CONVERSION OF INDIVIDUAL ALLOTMENTS TO POUNDAGE
PAYMENT
QUANTITIES.—In the case of each kind of eligible
tobacco other than Flue-cured tobacco (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, irrespective of tem-
porary 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 Agricultural 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;
(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 tobacco (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 subsection (b) shall
not exceed the amount obtained by multiplying—
(1) 5.55 cents per pound; and
(2) the national basic poundage quota for the applicable
kind for the 2002 marketing year, as determined under sub-
section (c)(2).
(e) DIVISION OF PAYMENTS AMONG ELIGIBLE PERSONS.—
H. J. Res. 2—533
(1) IN
GENERAL.—Payments available with respect to a
pound of payment quantity, as determined under subsection
(d), shall be made available to eligible persons in accordance
with this paragraph, as determined by the Secretary.
(2) FLUE-CURED AND CIGAR TOBACCO.—In the case of pay-
ments made available in a State under 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 distribute (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 distribute (as determined by the Sec-
retary)—
(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 subsection (a)(1)(B); and
(C) 331⁄3 percent of the payments to eligible persons
that are growers described in subsection (a)(1)(C).
(f) SPECIAL RULE FOR GEORGIA.—The Secretary may make pay-
ments 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 subsequently, to the same persons in the
same manner as provided for the Federal payments under this
section, as required by section 204(b)(6) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1421 note; Public Law 106–224).
(g) JUDICIAL REVIEW.—A determination by the Secretary under
this section shall not be subject to judicial review.
SEC. 206. 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. 207. HURRICANE ASSISTANCE.
(a) IN GENERAL.—In a State in a which a qualifying natural
disaster declaration has been made during a calendar year, the
Secretary shall make available to first processors 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 payments, or commodities in the inventory of the
Commodity Credit Corporation from carrying out that section, to
partially 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 affected pro-
ducers that provide commodities to the processor in a manner
that reflects contracts entered into between the processor and
the producers; and
(2) made available under such terms and conditions as
the Secretary determines are necessary to carry out this section.
(c) QUANTITY.—To carry out this section, the Secretary shall—
H. J. Res. 2—534
(1) use 150,000 tons of commodities in the inventory of
the Commodity Credit Corporation under section 156(a) of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7272(a));
(2) make payments in an aggregate amount equal to the
market value of 150,000 tons of commodities described in para-
graph (1); or
(3) take any combination of actions described in paragraphs
(1) and (2) using commodities or payments with a total market
value of 150,000 tons of commodities described in paragraph
(1).
(d) LIMITATIONS.—The Secretary shall provide assistance 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.
(e) QUALIFYING NATURAL DISASTER DECLARATION.—In this sec-
tion, the term ‘‘qualifying natural disaster declaration’’ means—
(1) a natural disaster declared by the Secretary under
section 321(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1961(a)); or
(2) a major disaster or emergency designated by the Presi-
dent under the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.).
SEC. 208. WEATHER-RELATED LOSSES.
The Secretary shall use not more than $60,000,000 of funds
of the Commodity Credit Corporation to provide assistance to sugar
beet producers that suffered production losses (including quality
losses), as determined by the Secretary, for either the 2001 crop
year or the 2002 crop year, but not both, as elected by the producers.
SEC. 209. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED
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
economic losses during the 2002 crop year due to the failure of
Mexico to deliver water to the United States in accordance 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, 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. 210. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED 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 Corporation 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
H. J. Res. 2—535
producers during August 2002. The funds made available under
this subsection shall 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 subsection (a) that were incurred
by the producers.
SEC. 211. ASSISTANCE TO CITRUS AND LIME GROWERS FOR LOST
PRODUCTION FROM TREES REMOVED TO CONTROL
CITRUS CANKER.
(a) IN GENERAL.—Subject to subsection (b), the Secretary shall
use not more than $18,200,000 of the funds of the Commodity
Credit Corporation, to remain available until expended, to com-
pensate commercial citrus and lime growers in the State of Florida
for lost production with respect to trees removed to control citrus
canker, and with respect to certified citrus nursery stocks within
the citrus canker quarantine areas, as determined by the Secretary.
(b) REMOVAL OF TREES.—For a grower to receive assistance
for a tree under this section, the tree must have been removed
after September 30, 2001.
SEC. 212. 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 inserting before the semi-
colon the following: ‘‘, except that this clause shall not apply to
the 2002 calendar year, and the Secretary shall repay the owner
or operator (in a manner determined by the Secretary) for any
reduction in rental payments made to the owner or operator as
the result of the application of this clause to the 2002 calendar
year’’.
SEC. 213. TECHNICAL ASSISTANCE.
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841)
is amended—
(1) by striking subsection (b) and inserting the following
new subsection (b):
‘‘(b) TECHNICAL ASSISTANCE.—
‘‘(1) DATE OF ENACTMENT THROUGH SEPTEMBER 30, 2003.—
During the period beginning on the date of enactment of the
Agricultural Assistance Act of 2003 and ending on September
30, 2003, Commodity Credit Corporation funds made available
under paragraphs (4) through (7) of subsection (a) shall be
available for the provision of technical assistance (subject to
section 1242) for the conservation programs specified in sub-
section (a).
‘‘(2) SUBSEQUENT
FISCAL
YEARS.—Effective beginning on
October 1, 2003, Commodity Credit Corporation funds made
available under paragraphs (3) through (7) of subsection (a)
shall be available for the provision of technical assistance (sub-
ject to section 1242) for the conservation programs specified
in subsection (a).’’; and
(2) by redesignating subsection (c) as subsection (d) and
inserting after subsection (b) the following new subsection (c):
‘‘(c) RELATIONSHIP
TO OTHER LAW.—The use of Commodity
Credit Corporation funds under subsection (b) to provide technical
assistance shall not be considered an allotment or fund transfer
from the Commodity Credit Corporation for purposes of the limit
H. J. Res. 2—536
on expenditures for technical assistance imposed by section 11
of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i).’’.
SEC. 214. PRODUCER-OWNED COOPERATIVE MARKETING ASSOCIA-
TION LOAN FORFEITURE AUTHORITY.
(a) IN GENERAL.—Section 844 of the Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agencies Appro-
priations Act, 2001 (as enacted into law by Public Law 106–387
(114 Stat. 1549, 1549A–160), and amended by section 101(9) of
the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763, 2763A–
172)), is amended—
(1) in the section heading, by striking ‘‘BURLEY, FLUE-
CURED, AND CIGAR BINDER TYPE 54–55’’; and
(2) in subsection (a)—
(A) in paragraph (1)—
(i) by inserting ‘‘, or the 1999, 2000, and 2001
crops of type 21 Fire-cured tobacco or type 37 Virginia
sun-cured tobacco’’ after ‘‘tobacco’’ the first place it
appears; and
(ii) by striking ‘‘Burley, Flue-cured, or Cigar Binder
Type 54–55’’ the second place it appears;
(B) in paragraph (2)(B), by striking ‘‘Burley, Flue-
cured, Cigar Binder Type 54–55, or any other kind of
tobacco’’ and inserting ‘‘any kind of tobacco’’; and
(C) in paragraph (3)(A), by striking ‘‘the Burley, Flue-
cured, or Cigar Binder Type 54–55 tobacco’’ and inserting
‘‘any tobacco’’.
(b) APPLICATION.—The amendments made by subsection (a)
apply during fiscal year 2003.
SEC. 215. BOVINE TUBERCULOSIS ERADICATION.
In addition to funds made available under section 106 of the
Miscellaneous Appropriations Act, 2001 (114 Stat. 2763, 2763A–
173), the Secretary shall use not more than $15,000,000 of the
funds of the Commodity Credit Corporation to make payments
to agricultural producers for incidental costs incurred by the pro-
ducers as a result of payments received under that section.
SEC. 216. FUNDING.
(a) IN GENERAL.—The Secretary shall use the funds, facilities,
and authorities of the Commodity Credit Corporation 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 implementation 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.
(c) LIMITATION.—Section 1241(a)(3) of the Food Security Act
of 1985 (16 U.S.C. 3841(a)(3)) is amended by inserting before the
period at the end the following: ‘‘, using not more than
$3,773,000,000 for the period of fiscal years 2003 through 2013’’.
SEC. 217. REGULATIONS.
(a) IN GENERAL.—The Secretary may promulgate such regula-
tions as are necessary to implement this title.
(b) PROCEDURE.—The promulgation of the regulations and
administration of this title shall be made without regard to—
H. J. Res. 2—537
(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. 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 RULEMAKING.—In car-
rying out this section, the Secretary shall use the authority provided
under section 808 of title 5, United States Code.
SEC. 218. Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement of the com-
mittee of conference accompanying Conference Report No. 105–
217, the provisions of this title that would have been estimated
by the Office of Management and Budget as changing direct
spending or receipts under section 252 of the Balanced Budget
and Emergency Deficit Control Act of 1985 were they included
in an Act other than an appropriations Act shall be treated as
direct spending or receipts legislation, as apprcrpriate, under section
252 of the Balanced Budget and Emergency Deficit Control Act
of 1985, and by the Chairmen of the House and Senate Budget
Committees, as appropriate, under the Congressional Budget Act
of 1974.
TITLE III—WILDLAND FIRE EMERGENCY
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WILDLAND FIRE MANAGEMENT
For an additional amount to repay prior year advances from
other appropriations transferred for wildfire suppression and emer-
gency 
rehabilitation 
by 
the 
Department 
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 appro-
priations from which funds were transferred for wildfire suppression
and emergency rehabilitation activities, $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 transferred to the State
and Private Forestry account, $23,000,000 shall be transferred to
the Forest and Rangeland Research account, $62,000,000 shall be
H. J. Res. 2—538
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 Forest
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 trans-
ferred to the Forest Service Recreation 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—
(1) by striking ‘‘the date specified in section 107(c) of this
joint resolution’’ and inserting ‘‘June 30, 2003’’; and
(2) by striking ‘‘: Provided further, That notwithstanding’’
and all that follows through the period and inserting a period.
SEC. 402. (a) Section 1848(i)(1)(C) of the Social Security Act
(42 U.S.C. 1395w–4(i)(1)(C) is amended to read as follows:
‘‘(C) the determination of conversion factors under sub-
section (d), including without limitation a prospective
redetermination of the sustainable growth rates for any
or all previous fiscal years,’’.
(b)(1) Notwithstanding the determination of the applicable
standardized amounts under paragraph (3)(A) of section 1886(d)
of the Social Security Act (42 U.S.C. 1395ww(d)), for purposes
of making payments under such section for discharges occurring
during the period beginning on April 1, 2003, and ending on Sep-
tember 30, 2003, the standardized amount applicable under such
paragraph for hospitals located other than in a large urban area
for that period shall be increased to an amount equal to the
standardized amount otherwise applicable under such paragraph
for hospitals located in a large urban area for that period.
(2) The increase in the standardized amount for hospitals
located other than in a large urban area provided for under para-
graph (1) for the period beginning on April 1, 2003, and ending
on September 30, 2003, shall not apply to discharges occurring
after such period, and shall not be taken into account in calculating
the payment amounts applicable for discharges occurring after such
period.
SEC. 403. Section 136 of Public Law 107–229, as added by
section 5 of Public Law 107–240, is amended by striking ‘‘60 days
after the date specified in section 107(c) of Public Law 107–229,
as amended’’ and inserting ‘‘September 30, 2003’’.
SEC. 404. Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement of the com-
mittee of conference accompanying Conference Report 105–217, the
provisions of this title that would have been estimated by the
Office of Management and Budget as changing direct spending
or receipts under section 252 of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 were they included in an Act
other than an appropriations Act shall be treated as direct spending
or receipts legislation, as appropriate, under section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985, and
by the Chairmen of the House and Senate Budget Committees,
as appropriate, under the Congressional Budget Act of 1974.