H.R.1559 - Emergency Wartime Supplemental Appropriations Act, 2003108th Congress (2003-2004)

Summary: H.R.1559 — 108th Congress (2003-2004)All Information (Except Text)

Shown Here:
Public Law No: 108-11 (04/16/2003)

Emergency Wartime Supplemental Appropriations Act, 2003 - Title I: War Related Appropriations - Chapter 1: Department of Agriculture - Makes additional appropriations for FY 2003 for: (1) Agricultural Research Service (buildings and facilities); and (2) Public Law 480 Title II Grants (including Transfer of Funds). Chapter 2: Department of Justice - Makes additional appropriations to the Department of Justice for FY 2003 for: (1) the Department of Justice General Administration (salaries and expenses, Counterterrorism Fund, Detention Trustee, the Office of Inspector General); (2) Legal Activities (salaries and expenses of the United States Marshal Service); (3) the Federal Bureau of Investigation (salaries and expenses); (4) the Office of Justice Programs (community oriented policing services); (5) the Judiciary (Supreme Court, United States Court of Appeals for the Federal Circuit, United States Court of International Trade, salaries and expenses); (6) the Department of State, Administration of Foreign Affairs-diplomatic and consular programs, embassy security, construction and maintenance, emergencies in the diplomatic and consular service; and (7) the Broadcasting Board of Governors (international broadcasting operations).

Chapter 3: Department of Defense - Military - Makes additional appropriations to the Department of Defense for FY 2003 for: (1) Military Personnel (Army, Navy, Marine Corps, Air Force, Army Reserve, National Guard); (2) Operation and Maintenance (Army, Navy, Marine Corps, Air Force, Defense-Wide, Army Reserve, Navy Reserve, Marine Corps Reserve, Army National Guard, Air National Guard); (3) Procurement Defense-wide and for the Air Force, as well as for Army aircraft, missiles, weapons and tracked combat vehicles, and Ammunition); (4) Research, Development, Test and Evaluation (Army, Defense-Wide); (5) the Defense Health Program; and (6) Drug Interdiction and Counter-Drug Activities, Defense.

Establishes the Iraq Freedom Fund and transfers to it specified funds for additional expenses for ongoing military operations in Iraq and other operations and related activities in support of the global war on terrorism.

Establishes the Natural Resources Risk Remediation Fund and transfers to it specified funds for expenses necessary, in and around Iraq, to address emergency fire fighting, repair damage to oil facilities and related infrastructure, and preserve a distribution capability.

(Sec. 1302) Prohibits the use of funds to: (1) finance programs or activities denied by Congress in the previous FY 2003 appropriation Acts; or (2) develop or procure any item or capability that will not be fielded within four years.

(Sec. 1307) Makes additional appropriations for reimbursements to the Department of Defense for drawdown support under the Afghanistan Freedom Support Act of 2002.

(Sec. 1308) Deems all funds appropriated or made available by the transfer of funds in or pursuant to this Act for intelligence activities to be specifically authorized by the Congress for purposes of the National Security Act of 1947.

(Sec. 1309) Authorizes the Secretary of Defense to use specified funds to reimburse support provided under the Iraq Liberation Act of 1998.

(Sec. 1310) Authorizes specified amounts from the Iraq Freedom Fund to be used for reimbursement payments to Pakistan, Jordan, and other key cooperating nations for logistical and military support provided or to be provided to U.S. military operations in connection with military action in Iraq and the global war on terrorism.

(Sec. 1311) Authorizes the Secretary of Defense to transfer specified funds between appropriations made available in this chapter.

(Sec. 1312) Requires the Secretary of Defense to notify the congressional defense committees for military construction in excess of $7.5 million.

(Sec. 1313) Requires all balances of the Defense Emergency Response Fund to be merged with the Iraq Freedom Fund as of October 31, 2003.

(Sec. 1315) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 to postpone until January 1, 2004, the effective date of a specified limitation period for task order and delivery order contracts.

(Sec. 1316) Increases the monthly: (1) Imminent Danger Special Pay from $150 to $225; and (2) the Family Separation Allowance from $100 to $225.

(Sec. 1317) Rescinds specified funds for research, development, test and evaluation, Navy.

(Sec. 1318) Provides for family travel allowances (without certain requirements) and procurement of civilian attire in the case of an Armed Forces member ill or injured as a result of active duty service in support of Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi Freedom.

Chapter 4: Department of Defense-Civil - Makes additional appropriations to the Department of Defense-Civil for: (1) Department of the Army (Corps of Engineers-civil operation and maintenance, general); (2) Department of the Interior, Bureau of Reclamation for water related resources; (3) Department of Energy, Science Programs; (4) Atomic Energy Defense Activities (National Nuclear Security Administration, weapons activities); (5) Defense Nuclear Nonproliferation; (6) environmental and other defense activities (including defense environmental restoration and waste management); and (7) other defense activities.

Chapter 5: Bilateral Economic Assistance - Makes additional appropriations to: (1) funds appropriated to the President for the United States Agency for International Development (USAID) (Child Survival and Health Programs Funds, international disaster assistance, operating expenses of USAID); (2) other bilateral economic assistance, funds appropriated to the President for the Iraq Relief and Reconstruction Fund, the Economic Support Fund, and loan guarantees to Israel; (3) Department of State for international narcotics control and law enforcement, the Andean Counterdrug Initiative, the U.S. Emergency Refugee and Migration Assistance Fund, nonproliferation, anti-terrorism, demining and related programs; and (4) military assistance funds appropriated to the President for the Foreign Military Financing Program and Peacekeeping Operations.

(Sec. 1501) Permits the transfer of additional appropriations between specified entities to support the Department of Defense operations in Iraq.

(Sec. 1503) Authorizes the President to suspend the application of any provision of the Iraq Sanctions Act of 1990.

(Sec. 1504) Permits the President 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, if in the U.S. national interest.

(Sec. 1506) Requires the President to report to the Committees on Appropriations on the U.S. strategy regarding activities related to post-conflict security, humanitarian assistance, governance, and reconstruction in Iraq that are undertaken as a result of Operation Iraqi Freedom.

Chapter 6: Department of Homeland Security - Makes additional appropriations to the Department of Homeland Security for: (1) the Counterterrorism Fund; (2) Citizenship and Immigration Services; (3) United States Secret Service; (4) Customs and Border Protection, immigration and customs enforcement, the Transportation Security Administration, the Federal Law Enforcement Training Center, and the Office of Domestic Preparedness; (5) the U.S. Coast Guard; and (6) Emergency Preparedness and Response, including emergency management planning and assistance.

(Sec. 1601) Specifies restrictions on the reprogramming of funds.

(Sec. 1602) Authorizes the Under Secretary of Homeland Security for Transportation and Border Security to issue letters of intent to airports to provide assistance for the installation of explosive detection systems.

(Sec. 1603) Authorizes the Bureau of Customs and Border Protection to accept donations of body armor for U.S. Border Patrol agents and canines.

Chapter 7: Department of Health and Human Services - Makes additional appropriations to the Department of Health and Human Services for: (1) the Centers for Disease Control and Prevention (disease control, research, and training); and (2) the Office of the Secretary (Public Health and Social Services Emergency Fund).

(Sec. 1701) Declares that the total amount of temporary repatriation assistance provided to U.S. citizens destitute or ill because of war, threat of war, invasion, or similar crisis, shall not exceed $1 million during any fiscal year beginning after September 30, 2003 (currently1991) (thus suspends the current limit until the beginning of FY 2004).

Chapter 8: Legislative Branch - Makes additional appropriations to the legislative branch for: (1) the House of Representatives; (2) committee employees; (3) Capitol Police; (4) the Office of Compliance; (5) Architect of the Capitol (Capitol building, Capitol power plant, Capitol Police buildings and grounds); (6) Library of Congress, including the Congressional Research Service; and (7) the General Accounting Office.

(Sec. 1801) Eliminates the population size restriction of the pilot program for mailings of postal patron postcards by Senators to provide notice of a town meeting.

Chapter 9: Department of Defense - Makes additional appropriations to the Department of Defense for: (1) military construction for the Navy; and (2) military construction and for family housing operation and maintenance.

(Sec. 1902) Permits the Secretary of the Army to accept funds from the State of Utah to fund costs associated with extending the runway at Michael Army Airfield, Dugway Proving Ground, Utah.

Chapter 10: Department of Transportation - Makes additional appropriations to the Department of Transportation for the Maritime Administration, Maritime Guaranteed Loan (Title XI) Program Account. Title II: Miscellaneous and Technical Appropriations - Chapter 1: Agriculture, Rural Development, and Related Agencies - (Sec. 2101) Amends Public Law 108-7, Consolidated Appropriations Resolution, 2003, to revise the prohibition against paying the salaries and expenses of a task force required by the Farm Security and Rural Investment Act of 2002 to review the Agricultural Research Service. Limits such prohibition to the activities of the review itself, not to establishment of the task force.

(Sec. 2102) Makes technical corrections to the Agricultural Assistance Act of 2003 (in the Consolidated Appropriations Resolution, 2003) to extend assistance to agricultural producers in New Mexico for all tebuthiuron application losses to crops, livestock, and trees, and interest and loss of income, and related expenses. Repeals the limitation of losses to those of calendar 2002 and 2003.

(Sec. 2103) Amends the Agricultural Assistance Act of 2003 to require the Secretary of Agriculture to provide grants to appropriate State Departments of Agriculture that agree to provide assistance under the Livestock Compensation Program to eligible applicants.

(Sec. 2104) Amends the Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act, 2003 (in the Consolidated Appropriations Resolution, 2003) to repeal the restriction on the use of funds to require a farm to use organically produced feed in order to obtain certification as an organic farm under the Organic Foods Production Act of 1990.

(Sec. 2105) Amends the Organic Foods Production Act of 1990 to require the Secretary to allow wild seafood to be certified or labeled as organic.

Chapter 2: Department of Commerce and Related Agencies - Makes additional appropriations to: (1) the Office of the United States Trade Representative (European Communities Music Licensing Dispute); (2) the Department of Commerce (National Oceanic and Atmospheric Administration Procurement, Acquisition and Construction); (3) the Equal Employment Opportunity Commission; and (4) the National Commission on Terrorist Attacks Upon the United States.

Chapter 3: District of Columbia Funds - Makes additional appropriations to the District of Columbia for: (1) Economic Development and Regulation (including a rescission); (2) Public Safety and Justice; (3) Human Support Services (including a rescission); and (4) Public Works (including a rescission).

Rescinds specified appropriations previously made for: (1) governmental direction and support; (2) Public Education System; (3) repayment of loans and interest; (4) the Wilson Building; (5) workforce investments; and (6) a non-departmental agency.

(Sec. 2301) Authorizes the District of Columbia to transfer to the local general fund to cover revenue shortfalls a specified amount from funds identified in the FY 2002 comprehensive annual financial report as the undesignated, unreserved fund balance.

(Sec. 2302) Continues through FY 2004 the authority which the Chief Financial Officer of the District of Columbia exercised with respect to personnel, procurement, and the preparation of fiscal impact statements during a control period.

(Sec. 2303) Provides for certain funds earmarked to restore and upgrade unused Fort Dupont baseball fields also to support the Fort Dupont's Kids on Ice program.

Chapter 4: Department of the Interior - Makes additional appropriations to the Department of the Interior for: (1) the United States Fish and Wildlife Service (State and Tribal Wildlife Grants); and (2) the National Park Service (operation of the National Park System). Requires certain already appropriated Bureau of Indian Affairs funds to be made available for construction of the Ojibwa Indian School.

Chapter 5: Department of Health and Human Services - Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2003 (in the Consolidated Appropriations Resolution, 2003) to earmark certain funds already appropriated to the Health Resources and Services Administration of the Department of Health and Human Services (HHS) for: (1) DIAKON Lutheran Social Ministries of Allentown, Pennsylvania, for abstinence education and related services; (2) the Mental Health Association of Tarrant County, Ft. Worth, Texas, for school-based mental health education to schools; (3) 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; and (4) the Geisinger Health System, Harrisburg, PA, to establish centers of excellence for the treatment of autism.

Eliminates the authority for the $5 million of Public Health and Social Services Emergency Fund appropriations earmarked for the Agency for Healthcare Research and Quality to remain available until expended.

(Sec. 2501) Restricts the limitation on transfer between appropriations of one percent of any discretionary funds to appropriations made to HHS in such Act only.

(Sec. 2502) Authorizes the Secretary of HHS, in order for the Centers for Disease Control and Prevention to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during FY 2003, to exercise authority equivalent to that available to the Secretary of State to contract with individuals or organizations for services abroad, without regard to statutory requirements relating to the negotiation, making, and performance of contracts and performance of work in the United States.

Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2003 to make additional appropriations to the Department of Education for specified school improvement programs. Rescinds specified funds appropriated for certain higher education programs.

(Sec. 2503) Amends the Elementary and Secondary Education Act of 1965 to: (1) raise the maximum age of a low-income individual under such Act from 17 to 19; and (2) limit the number of dropout prevention programs for which a grant or contract under the Alaska Native Educational Equity, Support, and Assistance Act may be used to the one operated by the Cook Inlet Tribal Council's Partners for Success program.

Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2003 with respect to its prohibition against the use of the funds made available to the Corporation for National and Community Service (CNCS) in such Act to provide stipends or other monetary incentives to volunteers or volunteer leaders whose incomes exceed 125 percent of the national poverty level. Limits such prohibition to the use of funds made available to the CNCS for certain activities under the Domestic Volunteer Service Act of 1973.

Chapter 6: Legislative Branch - (Sec. 2602) Authorizes the Architect of the Capitol to obligate and expend such amounts from the Capitol Preservation Fund as approved by the Capitol Preservation Commission for the planning, engineering, design or construction of the Capitol Visitor Center.

(Sec. 2603) Amends the Legislative Branch Appropriations Act, 2003 (in the Consolidated Appropriations Resolution, 2003) to earmark for a math and science education pilot project certain funds transferred with respect to the Library of Congress to the educational consortium formed to conduct the Joining Hands Across America: Local Community Initiative.

(Sec. 2604) Amends the Legislative Branch Appropriations Act, 2003 to state that certain funds appropriated for the purpose of developing a high-speed data transmission between the Library of Congress and educational facilities, libraries, or networks serving Western North Carolina shall also be used to develop a high-capacity computer facility to serve that region.

Chapter 7: Transportation, Treasury, and General Government - (Sec. 2703) Declares that amounts made available under the Transportation Equity Act for the 21st Century for grants to establish a driver training and safety center at Connellsville, Pennsylvania, and for grants to the Pennsylvania Transportation Institute to establish an advanced traffic monitoring and response center, shall be used to carry out construction of an access road in Bedford Springs, Pennsylvania, and certain other high priority projects in specified Pennsylvania counties.

(Sec. 2704) Declares the sense of the Senate that: (1) the asset acquisition of Trans World Airlines by American Airlines was a positive action that should be commended; (2) although the acquisition was a positive action, the combination of the two airlines has resulted in a difficult seniority integration for the majority of the employee groups involved; (3) airline layoffs from American Airlines should be conducted in a manner that maintains the maximum level of fairness and equitable treatment for all parties involved; and (4) American Airlines should encourage its employee groups to integrate all employees in a manner that is fair and equitable for all parties involved.

(Sec. 2705) Declares that no provision of this Act may be construed as altering or amending the force or effect of any specified provisions of Federal law as currently applied which require the use of privately owned U.S. flag commercial vessels for certain transportation purposes of the United States.

(Sec. 2706) Declares that: (1) specified intelligent transportation and other projects and activities shall be eligible for FY 2003 funds made available from the program for which each project or activity is designated; and (2) specified job access and reverse commute grant projects and activities shall be awarded such grants upon receipt of an application.

Makes additional appropriations for surface transportation project grants.

(Sec. 2707) Declares that funds made available for Federal Transit Administration Formula Grants for FY 2003 shall be available to finance the operating cost of equipment and facilities for use in public transportation in an urbanized area with a population of at least 200,000 (as determined under the 2000 Federal decennial census) for a portion of the area that was not designated as an urbanized area (as determined under the 1990 Federal decennial census) if that portion of the area received assistance under a mass transportation formula grant for other than urbanized areas.

(Sec. 2708) Amends Federal transportation law with respect to the small community air service development pilot program to qualify the overall limit of 40 communities or consortia of communities, or combinations of them, which may be selected to participate in the program. States that 40 may be selected in each year for which funds are appropriated for the program.

(Sec. 2709) Amends Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2003 (in the Consolidated Appropriations Resolution, 2003) to revise the mandatory transfer to the Administrator for the Maritime Administration (including non-Federal contributions) of any amounts previously appropriated for the Port of Anchorage for an intermodal marine facility and access. Repeals the application of such transfer to amounts previously appropriated (thus applying the transfer to any appropriations for the Port of Anchorage intermodal marine facility and access).

(Sec. 2710) Prohibits the obligation or expenditure of funds to pay for military contracts for civil airlift service by any air carrier that is not effectively controlled by U.S. citizens.

Authorizes the Secretary of Defense to contract for such an airlift service with an air carrier that does not have an air transportation certificate if the Secretary of Defense decides that no air carrier holding a certificate is capable of providing, and willing to provide, such service.

Directs the Secretary of Transportation to use an Administrative Law Judge in a formal proceeding to resolve docket number OST-2002-13089.

Chapter 8: Veterans Affairs and Housing and Urban Development and Independent Agencies - Makes additional appropriations to: (1) the Department of Veterans Affairs for costs associated with processing the claims of veterans who may have incurred injuries with service in the Persian Gulf combat arena; (2) the Corporation for National and Community Service to liquidate previously incurred obligations; and (3) the National Science Foundation for Polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the U.S. Antarctic program.

Makes technical corrections to statements of the managers with respect to the Consolidated Appropriations Resolution, 2003 and other specified Federal law regarding certain appropriations to the Department of Housing and Urban Development, Community Development Fund, and the Environmental Protection Agency, State and tribal assistance grants. Directs the Administrator of the Environmental Protection Agency to adjust each maximum annual pesticide registration maintenance fee in a manner that maintenance fee collections made to reach the level authorized in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003 (in the Consolidated Appropriations Resolution, 2003) shall be established in a specified proportion.

Title III: Columbia Orbiter Memorial Act - Columbia Orbiter Memorial Act - (Sec. 302) Requires the Secretary of the Army to construct an appropriate place in Arlington National Cemetery for a memorial marker honoring the seven members of the crew of the Columbia Orbiter who died on February 1, 2003, during the landing of the space shuttle.

Earmarks specified funds under Operation and Maintenance, Army, for construction of the memorial marker.

(Sec. 303) Authorizes the Administrator of the National Aeronautics and Space Administration to accept gifts and donations for the Columbia memorial.

Title IV: Aviation Related Assistance - Makes additional appropriations to the Transportation Security Administration (TSA) of the Department of Homeland Security to: (1) compensate air carriers for the direct costs associated with the strengthening of flight deck doors and locks on aircraft; and (2) remit to U.S. flag air carriers in the proportional share each carrier has paid the TSA or collected in passenger security and air carrier security fees.

(Sec. 4002) Amends the Temporary Extended Unemployment Compensation Act of 2002 to extend benefits to eligible individuals through December 29, 2003.

Title V: Panel To Review Sexual Misconduct Allegations At United States Air Force Academy - (Sec. 501) Establishes a panel to review sexual misconduct allegations at the United States Air Force Academy and study and report to the Secretary of Defense and specified congressional committees on the policies, management and organizational practices, and cultural elements of the United States Air Force Academy that were conducive to allowing sexual misconduct (including sexual assaults and rape) at the United States Air Force Academy.

Title VI: General Provisions - This Act - States that appropriations shall not remain available for obligation beyond FY 2003 unless expressly provided in this Act.