[House Document 108-55]
[From the U.S. Government Publishing Office]
108th Congress, 1st Session - - - - - - - - - - - - - House Document 108-55
A REQUEST FOR 2003 SUPPLEMENTAL APPROPRIATIONS
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A REQUEST FOR 2003 SUPPLEMENTAL APPROPRIATIONS TO SUPPORT DEPARTMENT OF
DEFENSE OPERATIONS IN IRAQ AND TO STRENGTHEN THE CAPABILITIES OF OUR
FRIENDS AND ALLIES WHO WILL SHARE THE BURDEN OF MILITARY AND
STABILIZATION ACTIVITIES
March 25, 2003.--Referred to the Committee on Appropriations and
ordered to be printed
The White House,
Washington, March 25, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: On October 16, 2002, I signed into law
the ``Authorization for Use of Military Force Against Iraq
Resolution of 2002'' (Public Law 107-243). After condemning
Saddam Hussein's continued possession of chemical and
biological weapons, obstruction of inspections, and brutal
repression of the Iraqi people, the Congress affirmed, ``Iraq
poses a continuing threat to the national security of the
United States and international peace and security of the
Persian Gulf region and remains in material and unacceptable
breach of its international obligations.''
Subsequent to enactment of Public Law 107-243, the United
Nations Security Council unanimously agreed to Resolution 1441
offering Iraq one final chance to disarm. After more than a
decade of deceit and defiance, the regime, yet again, failed to
``fully and unconditionally'' comply. Iraq continues to pose a
grave danger to global peace and security. The United States
and our allies must seek to disarm Iraq and liberate the Iraqi
people, and we will prevail.
Today, I submit a request for 2003 supplemental
appropriations to support Department of Defense operations in
Iraq and to strengthen the capabilities of our friends and
allies who will share the burden of military and stabilization
activities. Disarming and liberating Iraq is a first step. This
request also provides immediate humanitarian relief, support
for reconstruction, and the development of a free-market
democracy in Iraq. Finally, the request will enhance the safety
and well-being of Americans at home and abroad with investments
managed by the Department of State, the Department of Homeland
Security, and other agencies.
This request reflects urgent and essential requirements.
Much of the funding has been requested with flexible
authorities. This flexibility will ensure requirements can be
immediately addressed as they arise despite the unpredictable
scope, duration, and intensity of operations. I ask the
Congress to appropriate the funds as requested, and promptly
send the bill to me for signature. I urge the Congress to
refrain from attaching items not directly related to the
emergency at hand.
This supplemental request provides essential support to
help guarantee the success and safety of our men and women in
uniform, to help enhance the security of America and her
citizens, and to establish an Iraqi nation, free, prospering
and at peace with its neighbors.
Sincerely,
George W. Bush.
[Estimate No. 4, 108th Cong., 1st Sess.]
Executive Office of the President,
Office of Management and Budget,
Washington, DC, March 25, 2003.
The President,
The White House.
Submitted for your consideration are requests for FY 2003
supplemental appropriations that would provide funds to cover
military operations, relief and reconstruction activities in
Iraq, ongoing operations in the global war on terrorism,
enhancements to the safety of U.S. diplomats and citizens
abroad, support for U.S. allies critical to succeeding in the
war, and homeland security protection and response measures.
You have made the decision to use all necessary means to
enforce multiple U.N. Security Council Resolutions and
implement the Joint Congressional Resolution to disarm Iraq. To
achieve these objectives, enhance security in the United
States, and support crucial friends and allies, the request for
supplemental funds includes:
Department of Defense and classified activities
$62.6 billion is requested to address the costs related to
military operations against Iraq and sustaining efforts in the
continuing global war on terrorism. The request includes funds
for preparatory costs already incurred, the estimated costs
associated with military operations against Iraq, and
replenishing munitions that are likely to be expended. The
proposal also includes funds to support other nations in the
global war on terrorism.
The request is built on the key assumption that U.S.
military action in Iraq will be swift and decisive. We are
seeking funds in a consolidated emergency response account
which will allow the maximum flexibility to promptly transfer
funds as needed to the appropriate agency, service, or account
as the war advances. The request includes:
Defense Emergency Response Fund ($59.9 billion)
At least $53.4 billion for Military Operations in
Iraq. This amount would cover the costs associated with: the
mobilization to active duty of Reserve and National Guard
personnel to support military operations on a full-time basis,
including pay, travel, per diem, and health care; personnel
necessary to maintain critical manning at authorized levels and
special pays, such as Imminent Danger Pay, Family Separation
Allowance, and Foreign Duty Pay; support for active duty
military personnel; and, operations, such as incremental flying
hours, ship steaming days, ground operations, special airlift
missions, increased associated ship and aircraft maintenance,
associated logistics support, fuel purchases, base support, and
reconstruction. These funds also will reimburse accounts used
for projects completed or underway that were necessary to
prepare for military action in Iraq.
Up to $3.7 billion for Munitions Replenishment.
These funds would be used to replenish munitions expended
during military operations in Iraq and in the global war on
terrorism. These funds could be used to replace precision
munitions, ammunition, and other conventional munitions in
order to restore inventories to pre-conflict levels.
At least $1.7 billion for Classified Activities.
These funds would cover the costs associated with classified
activities undertaken in Iraq and in the global war on
terrorism.
Up to $1.1 billion for Equipment Procurement and
Research and Development. These funds would be used to develop,
procure, and upgrade systems necessary to prosecute the global
war on terrorism, including operations in Iraq. These systems
include command, control, communications, computer and
intelligence equipment, chemical and biological detection and
decontamination gear, targeting devices, and spare and repair
parts needed to keep pace with increased operational tempo.
Other Defense Accounts ($2.7 billion)
$1.4 billion to Support Coalition Partners. These
funds would assist key cooperating nations supporting military
operations in Iraq and the global war on terrorism.
$0.7 billion for Other Programs. These funds would
cover the costs to repair potential damage to Iraqi oil
facilities and assure an adequate internal distribution
infrastructure. Funds would also continue U.S. efforts to
support Colombia's unified campaign against narcotics
trafficking and terrorist activities and would continue
training of the Afghan National Army.
$0.4 billion for Fuel. This amount would cover the
increased cost of fuel.
$0.2 billion for Military Construction. These
funds would be used to construct facilities in Guantanamo Bay,
the government's focal point for the processing, interrogation,
adjudication, and detention of enemy combatants captured in the
global war on terrorism. The funds also would cover
construction of taxiways, parking aprons at Air Force
facilities in the Middle East, and construction of housing and
facilities for military and civilian personnel of coalition
partners supporting the global war on terrorism.
Department of State
$296 million is proposed for necessary operating costs for
the Department of State, evacuation of U.S. citizens worldwide,
and assistance for refugees for internally displaced persons
due to the conflict with Iraq.
$101 million for Diplomatic and Consular Programs.
These funds would provide for additional operating costs for
the Department of State globally, in Iraq, and to enhance
worldwide security programs.
$66 million for Emergencies in the Diplomatic and
Consular Service. These funds would be used to evacuate U.S.
government employees and private citizens and to provide
additional services to American citizens should the need arise.
Funds would be returned to the Treasury if unused by year's
end.
$50 million for the U.S. Emergency Refugee and
Migration Assistance Fund (ERMA). These funds would replenish
resources to enable this account to respond to urgent,
unforeseen refugee and migration events. ERMA funds were used
to support international organizations' prepositioning of
supplies related to potential conflict.
$34 million for the Andean Counterdrug Initiative.
These funds would be used for needed security and counterdrug
assistance in Colombia.
$25 million for International Narcotics Control
and Law Enforcement. These funds would be used for border
security requirements in Pakistan.
$20 million for Embassy Security, Construction and
Maintenance. These funds would be used for immediate temporary
facilities for State Department and other agency employees in
Iraq.
International Assistance Programs
$5.02 billion is requested to support key coalition
partners in the conflict with Iraq and in the global war on
terrorism. This request includes:
$2.1 billion for Foreign Military Financing. These
funds will strengthen the forces of our partners and allies in
military and stabilization operations in Iraq and the ongoing
war on terrorism. $1 billion would be made available for Israel
to enhance security in light of threats posed by the war with
Iraq.
$2.4 billion for the Economic Support Fund (ESF).
These funds would provide critical economic support to Jordan,
Turkey, Afghanistan, and Egypt and support educational and
economic opportunities in the Middle East. In addition, loan
guarantees will be made available to Israel. Of the total
requested for ESF, $40 million would reimburse amounts used to
preposition relief and reconstruction supplies and services
prior to the conflict.
$0.2 billion for Peacekeeping Operations. These
funds would assist coalition partners and front line states
supporting operations in Iraq, including funding for follow on
stabilization activities.
$150 million for the United States Emergency Fund
for Complex Foreign Crises. This contingency fund would be used
for a range of unforeseen needs including support for
stabilization operations in Iraq. Use of this Fund would
require a Presidential determination that a complex emergency
exists and that it is in the national interest to use the Fund
to respond to it.
$120 million for International Disaster Assistance
($80 million) and Child Survival and Health Programs Fund ($40
million). These resources would reimburse these accounts for
funds used to preposition people, supplies, and commodities
prior to the conflict with Iraq.
$28 million for Nonproliferation, Anti-Terrorism,
Demining and Related Programs. These funds would be used in
Afghanistan for antiterrorism training, protection equipment,
and demining, and for antiterrorism training programs in other
countries.
$22 million for Operating Expenses of the Agency
for International Development (USAID). These funds would help
cover the cost of potential evacuations of USAID personnel,
fund start-up costs for USAID operations in Iraq, and help
cover costs of the USAID Inspector General for auditing
reconstruction and relief activities in Iraq.
Broadcasting Board of Governors
$30.5 million for International Broadcasting
Operations. These funds would be used to accelerate Middle East
Television Network start-up and increase radio broadcasting to
Iraq.
Homeland Security Requirements
$4.25 billion is proposed to address Homeland Security
requirements, which includes:
$3.5 billion for the Department of Homeland
Security. This would provide $1.5 billion for prevention and
response operations of departmental agencies, such as increased
border and maritime operations, including Coast Guard support
of the Department of Defense; and $2.0 billion for Office for
Domestic Preparedness assistance to state and local governments
to support federally-coordinated terrorism prevention and
security enhancements at this time of heightened threat, and
terrorism preparedness for first responders.
$500.0 million for the Department of Justice.
These funds would support immediate and emerging terrorism-
related prevention and response requirements, including
additional intelligence and investigative activities.
$250.0 million for the Executive Office of the
President's Emergency Response Fund. These funds would support
immediate and emerging terrorism-related prevention and
response requirements throughout the federal government.
Specific homeland security requirements must be flexible
enough to meet emerging threats or respond to attacks, so
precise allocation of these funds cannot be determined in
advance. Congressional notification would be provided 15 days
prior to any anticipated allocation of funds.
Executive Office of the President (EXOP)
$2.4 billion is requested for EXOP for Relief and
Reconstruction in Iraq. This request would fund a new flexible
account focused on Iraq relief and reconstruction. $1.7 billion
is requested to support reconstruction in the areas of health,
water/sanitation, education, electricity, transportation,
telecommunications, rule of law/governance, economic and
financial policy, and agriculture. $543 million is requested
for humanitarian assistance to refugees, internally displaced
persons, and vulnerable individuals, including humanitarian
demining in and around Iraq. In addition, up to $200 million
will be available to replenish accounts drawn down to buy
emergency food stocks for the Iraqi people. Flexible
authorities for this account will allow quick transfer of funds
to all agencies involved in relief and reconstruction as
requirements are defined. These funds are in addition to
reimbursements for costs already incurred to preposition relief
supplies. The total commitment of resources for Iraq relief and
reconstruction is approximately $3.5 billion. This includes
funds made available under the DoD heading for oil field
repair, contingency accounts, and reimbursement for pre-
positioning supplies.
Additional funding for the Executive Office of the
President is discussed under Homeland Security Requirements.
Legislative Branch
$125 million is requested for the Legislative
Branch. These funds would support immediate and emerging
terrorism-related prevention and response requirements
throughout the Legislative Branch.
I have carefully reviewed these proposals and am satisfied
that they are necessary at this time. Therefore, I join the
heads of the affected Departments and agencies in recommending
you transmit the proposals to the Congress.
Sincerely,
Mitchell E. Daniels, Jr.
Director.
DEPARTMENT OF DEFENSE
Operation and Maintenance
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ``Operation and Maintenance,
Defense-Wide,'' to remain available until expended,
$1,400,000,000, which may be used, notwithstanding any other
provision of law, for payments to Pakistan, Jordan, and other
key cooperating nations, for logistical and military-related
support provided, or to be provided, to the United States in
connection with military action in Iraq and the global war on
terrorism: Provided, That such payments may be made in such
amounts as the Secretary of Defense, with concurrence of the
Secretary of State and in consultation with the Director of the
Office of Management and Budget, may determine, in his
discretion, and such determination is final and conclusive upon
the accounting officers of the United States.
This request would fund payments to key cooperating nations
(e.g., Pakistan, Jordan) providing logistical and military
support to U.S. military operations in Iraq and in connection
with the global war on terrorism. This request includes $1.3
billion for payments to coalition countries participating in or
providing military, logistical, or other support for military
operations in Afghanistan and $0.1 billion for military
operations in Iraq. Such support includes transportation into
the theater, providing supplies to coalition forces in the
theater, and helping coalition forces with communications
support.
------
DEPARTMENT OF DEFENSE
Operation and Maintenance
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense,'' $34,000,000: Provided, That
the Secretary of Defense may transfer the funds provided herein
only to appropriations for military personnel; operation and
maintenance; procurement; and research, development, test, and
evaluation: Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes and
for the same time period, as the appropriation to which
transferred: Provided further, That the transfer authority
provided in this paragraph is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for
the purposes provided herein, such amounts may be transferred
back to this appropriation.
This request would fund increased operational tempo in
Colombia's unified campaign against narcotics trafficking and
terrorist activities.
------
DEPARTMENT OF DEFENSE
Operation and Maintenance
DEFENSE EMERGENCY RESPONSE FUND
For an additional amount for ``Defense Emergency Response
Fund,'' $59,863,200,000, to remain available until expended, of
which notwithstanding any other provision of law, amounts shall
be available as follows:
(1) at least $53,346,000,000 for military operations
in Iraq and the global war on terrorism;
(2) up to $3,700,000,000 to replenish munitions
expended for military operations in Iraq and the global
war on terrorism;
(3) up to $1,050,200,000 for research, development,
testing, and evaluation (RDT&E), and procurement of
equipment necessary to engage in military operations in
Iraq and the global war on terrorism;
(4) at least $1,717,000,000 for classified programs,
in addition to amounts provided herein for RDT&E and
procurement; and
(5) not to exceed $50,000,000, to remain available
until September 30, 2003, to support the military
operations or activities of foreign nations in
furtherance of the global war on terrorism, including
equipment, supplies, services, and funding on such
terms as the Secretary of Defense, with the concurrence
of the Secretary of State, may determine:
Provided, That the Secretary of Defense may transfer the funds
provided herein to appropriations for military personnel;
operation and maintenance; Overseas Humanitarian, Disaster
Assistance, and Civic Aid; procurement; research, development,
test and evaluation; military construction; the Defense Health
Program; and working capital funds: Provided further, That the
funds transferred shall be merged with and shall be available
for the same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That the
transfer authority provided in this paragraph is in addition to
any other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense shall
submit a report no later than 30 days after the end of each
fiscal quarter to the Defense Oversight Committees of the
details of any transfer of funds from the ``Defense Emergency
Response Fund'': Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation.
This request would fund personnel, personnel support, and
other support costs of military operations in Iraq and the
global war on terrorism. Appropriating the funding in the
Defense Emergency Response Fund (DERF), with its own transfer
authority, would provide the flexibility to allocate resources
to Components on a timely basis despite the unpredictable
scope, duration, and intensity of these military operations.
The Department of Defense (DoD) will continue to track the
funding separately to ensure proper accounting for the costs of
the war.
This request includes almost $53.4 billion to cover the
costs associated with: the mobilization to active duty of
Reserve and National Guard personnel to support military
operations on a full time basis, including pay, travel, per
diem, and health care; personnel necessary to maintain critical
manning at authorized levels and special pays, such as Imminent
Danger Pay, Family Separation Allowance, and Foreign Duty Pay;
support for active duty military personnel; and operations,
such as incremental flying hours, ship steaming days, ground
operations, special airlift missions, increased associated ship
and aircraft maintenance, associated logistics support, fuel
purchases, base support, and reconstruction. These funds also
will reimburse accounts used for projects completed or underway
that were necessary to prepare for military action in Iraq.
The request also includes up to $3.7 billion to replenish
munitions expended or expected to be expended as a result of
actual operations in Iraq, training, and related activities in
the global war on terrorism. The funding would replenish
inventories and could include precision-guided weapons such as
the Laser Guided Bomb, Joint Standoff Weapon, Javelin, TOW,
Army Tactical Missile System, Multiple Launch Rocket System,
Patriot, and conventional ammunition, which could include bomb
bodies, small and medium caliber ammunition, tank ammunition,
mortars, artillery, rockets, and others as necessary.
The request includes up to $1.1 billion for procurement and
research, development, test, and evaluation requirements to
support military operations in Iraq. These funds would cover
critical requirements, such as command, control,
communications, computer and intelligence equipment, chemical
and biological detection and decontamination gear, targeting
devices, and spares and repair parts needed to keep pace with
increased operational tempo.
The request includes at least $1.7 billion for classified
programs, which will be further described in the classified
annex to this request.
In addition, the request would fund distribution of
humanitarian daily rations. Further, it would fund the repair
and maintenance of work consistent with the terms of the Oman
Access Agreement for U.S. caused damages to Thumrait and
Masirah airports.
This DERF language also authorizes DoD, with the
concurrence of the Secretary of State, to use up to $50 million
of the amount appropriated to the DERF for the limited purpose
of supporting military operations or activities of foreign
nations in furtherance of the global war on terrorism. The
provision would permit DoD to respond to immediate requirements
to support foreign military forces by sustaining their
personnel and logistical operations in order to ensure that
these forces can continue to engage effectively and
cooperatively in military operations and activities that
advance U.S. military objectives in the global war on
terrorism. The provision complements the Department of State's
international security assistance program, which is designed to
meet peacetime requirements. The provision would enable DoD to
support foreign forces rapidly, in response to emerging,
unanticipated emergency requirements. The requirement for the
concurrence of the Secretary of State ensures that the
implementation of this authority is exercised in a manner
consistent with and supportive of other foreign assistance
programs.
------
DEPARTMENT OF DEFENSE
Operation and Maintenance
NATURAL RESOURCES RISK REMEDIATION FUND
For expenses necessary to address emergency fire fighting,
repair of damage to oil facilities and related infrastructure
and preserve a distribution capability, $489,300,000, to remain
available until expended: Provided, That the Secretary of
Defense may accept from any person, foreign government, or
international organization, and credit to this fund, any
contribution of money for such purposes: Provided, That the
Secretary of Defense may transfer these funds to other
appropriations or funds of the Department of Defense to carry
out such purposes, or to reimburse such appropriations or funds
for expenses incurred for such purposes: Provided further, That
funds so transferred shall be merged with and shall be
available for the same purposes and for the same time period as
the appropriation or fund to which transferred: Provided
further, That the transfer authority provided in this paragraph
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided,
such amounts may be transferred back to this appropriation.
This request would provide funds for emergency fire
fighting, repair to damaged oil facilities, and to preserve or
rebuild the fuel distribution system.
------
DEPARTMENT OF DEFENSE
Military Construction
MILITARY CONSTRUCTION, NAVY
For an additional amount for ``Military Construction,
Navy,'' $48,100,000, to remain available until expended.
This request would fund military construction projects in
Guantanamo Bay, the worldwide focal point of the U.S.
government for processing, interrogation, adjudication, and
detention of enemy combatants captured in the global war on
terrorism. Additional facilities are required for military
commissions, the Criminal Investigation Task Force, a sensitive
compartmented information facility, isolation and interrogation
facilities, and berthing (metal panel huts) to house all guard
and security forces.
------
DEPARTMENT OF DEFENSE
Military Construction
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ``Military Construction, Air
Force,'' $129,400,000, to remain available until expended.
This request would fund the planning, design, and
construction of several Air Force facilities: planning and
design ($5.1 million); construction of a parallel taxiway
($25.0 million) and a C-130 aircraft parking apron ($11.0
million) at classified locations; the construction of an
explosive ordinance pad at Diego Garcia ($3.2 million); and the
construction of headquarters, billeting, medical, dining, and
related facilities for military and civilian representatives of
coalition partners supporting operations in Iraq ($85.1
million).
------
DEPARTMENT OF DEFENSE
Revolving and Management Funds
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ``Defense Working Capital
Funds,'' $430,000,000.
This request would provide for increased cost of fuel
required to support military units and operations.
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DEPARTMENT OF DEFENSE
General Provisions
Sec. ____. Under the heading, ``Operation and Maintenance,
Defense-Wide,'' in title II of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248), strike
``$25,000,000'' and insert ``$50,000,000''. Section 166a of
title 10, United States Code, is amended by striking
``$7,000,000'' in subsection (e)(1)(A) and inserting
``$15,000,000''; by striking ``$1,000,000'' in subsection
(e)(1)(B) and inserting ``$10,000,000''; and by striking
``$2,000,000'' in subsection (e)(1)(C) and inserting
``$10,000,000''.
This section would provide the Secretary of Defense with
additional authority for the CINC Initiative Fund (CIF) in
order to support unforeseen low-cost, high-benefit initiatives
that enhance joint warfighting capabilities in support of
military operations in Iraq and the global war on terrorism.
This provision recognizes that the environment in which today's
combatant commanders operate is vastly different from that
which existed prior to the global war on terrorism and the
military operations against Iraq. The pace and type of current
operations are such that requests for funding support for
emergent/unforeseen needs by the combatant commanders have
increased in number and amount. Increased CIF authority is
needed immediately to reduce these risks to our soldiers,
sailors, marines, and airmen.
Sec. ____. Under the heading, ``Operation and Maintenance,
Defense-Wide,'' in title II of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248), strike
``$34,500,000'' and insert ``$69,000,000''.
This section would also provide the Secretary of Defense
with additional authority for extraordinary and emergency
expenses, which cannot be anticipated, in order to support
emergent requirements associated with Iraq and the ongoing war
on terrorism.
Sec. ____. (a) Availability of Amounts for Military
Construction Relating to Terrorism._Amounts made available to
the Department of Defense from funds appropriated in this Act
may be used to carry out military construction projects, not
otherwise authorized by law, that the Secretary of Defense
determines are necessary to respond to or protect against acts
or threatened acts of terrorism.
(b) Notice to Congress.--Not later than 15 days before
obligating amounts available under subsection (a) for military
construction projects referred to in that subsection, the
Secretary shall notify the appropriate committees of Congress
of the following:
(1) the determination to use such amounts for the
project; and
(2) the estimated cost of the project and the
accompanying Form 1391.
(c) Appropriate Committees of Congress Defined.--In this
section the term ``appropriate committees of Congress'' has the
meaning given that term in section 2801(c)(4) of title 10,
United States Code.
This would provide authority for the Department of Defense
to undertake military construction projects with the
requirement that the Congress be provided with a description
and cost estimate 15 days before obligating the amounts.
Sec. ____. Section 8005 of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248), is amended by
striking ``$2,000,000,000'', and inserting ``2.5 percent of the
total amount appropriated in the Department of Defense
Appropriations Act, 2003 (Public Law 107-248)''; and by
deleting the fourth proviso.
This section would provide the Secretary of Defense with
additional general transfer authority, critical flexibility
necessary to respond to emerging requirements particularly in
Iraq, and would remove the deadline for submitting notification
of multiple reprogrammings to the Congress, giving the
Department of Defense more time to assess mid-year changes in
priorities.
Sec. ____. In addition to amounts made available elsewhere
in this Act for the Department of Defense, $165,000,000 is
appropriated to the Department of Defense to reimburse
applicable appropriations for the value of drawdown support
provided by the Department of Defense under the Afghanistan
Freedom Support Act of 2002: Provided, That this appropriation
shall not increase the limitation set forth in section 202(b)
of that Act: Provided further, That the Secretary of Defense
may transfer the funds provided herein to the applicable
appropriations of the Department of Defense: Provided further,
That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period as
the appropriation to which transferred: Provided further, That
the transfer authority provided in this section is in addition
to any other transfer authority available to the Department of
Defense.
This provision would allow DoD to reimburse the Services
for a drawdown of $165.0 million under the Afghanistan Freedom
Support Act (AFSA) of 2002. This drawdown was necessary to
support emergent requirements for training and equipping the
Afghan National Army (ANA) ($150.0 million); to build a bridge
between Tajikistan and Afghanistan ($8.0 million); and to
assist Jordan in its operations in Afghanistan ($7.0 million).
Under the authority of AFSA, the Military Services reduced
their training and exercise accounts, as a means for DoD to
absorb the ANA requirement. The $165.0 million would be used to
restore funds drawn down from the Services' FY 2003 Operation
and Maintenance appropriations in the amount of $35.0 million
from the Army, $75.0 million from the Navy, and $55.0 million
from the Air Force.
Sec. ____. Funds appropriated in this Act, or made
available by the transfer of funds in or pursuant to this Act,
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).
This section provides that funds appropriated by this Act,
or made available by 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 Security Act of 1947 (50 U.S.C. 414).
Sec. ____. During fiscal year 2003, amounts in or credited
to the Defense Cooperation Account under 10 U.S.C. 2608(b)
shall be available for obligation and expenditure consistent
with the purposes for which such amounts were contributed and
accepted: Provided further, That such amounts shall be
available for transfer by the Secretary of Defense to such
appropriations or funds of the Department of Defense as he
shall determine, and be available for the same period as the
appropriation to which transferred: Provided further, That this
transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That the Secretary of Defense shall report to the
Congress quarterly all transfers made pursuant to this
authority.
Pursuant to the statute establishing the Defense
Cooperation Account (10 U.S.C. 2608), funds in the Defense
Cooperation Account may be obligated or expended only to the
extent and in the manner provided in subsequent appropriations
Acts. This proposal would provide the necessary appropriation
for the remainder of this fiscal year.
Sec. ____. Of the amounts available to the Department of
Defense, (1) $63,500,000 may be used to reimburse applicable
appropriations for the value of support provided by the
Department of Defense under the Iraq Liberation Act of 1998:
Provided, That this appropriation shall not increase the
limitation set forth in section (4)(a)(2)(B) of that Act; and
(2) not to exceed $150,000,000 to remain available until
September 30, 2003, may be used to support indigenous forces
assisting United States military operations or activities
relating to the global war on terrorism, on such terms and
conditions as the Secretary of Defense, with the concurrence of
the Secretary of State, may determine: Provided, That such
support may include equipment, supplies, services, and funding:
Provided further, That the Secretary of Defense shall provide
quarterly reports on the use of these funds to the Committees
on Appropriations: Provided further, That the Secretary of
Defense may transfer the funds provided herein to the
applicable appropriations of the Department of Defense:
Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the
same time period as the appropriation to which transferred:
Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority
available to the Department of Defense.
In addition, section (4)(a)(2) of the Iraq Liberation Act
of 1998 is amended by adding the following new subparagraph at
the end:
``(C) The aggregate value (as defined in section
644(m) of the Foreign Assistance Act of 1961) of
assistance provided under this paragraph may not exceed
$150,000,000 in fiscal year 2003.''
The first provision would authorize reimbursement funding
from DoD to the Services for $63.5 million under the Iraq
Liberation Act of 1998. This support was necessary to address
emergent requirements for training and equipping the Free Iraqi
Forces (FIF). The Military Services reduced their training and
exercise accounts as a means for DoD to absorb the FIF
requirement. The $63.5 million would be used to restore the
drawdown of $29.0 million from the Army, $11.0 million from the
Navy, $23.4 million from the Air Force, and $0.1 million from
the FY 2003 Operation and Maintenance, Defense-Wide
appropriation (required for the Special Operations Command).
The second provision would make up to $150 million of funds
appropriated to DoD available for support to indigenous forces
that assist U.S. military forces in carrying out military
operations or activities, including those in furtherance of the
global war on terrorism, and activities necessary to prepare
for participation in active military operations. The term
``indigenous forces,'' as used in this provision, refers to
irregular forces and resistance movements that act in concert
with U.S. military forces during U.S. military operations.
Indigenous forces generally conduct military and para-military
operations in enemy-held or hostile territory and conduct
direct offensive low-visibility, covert, or clandestine
operations.
The provision complements existing authorities under which
the Department of State administers the foreign security
assistance program in support of sovereign nations. Those
authorities permit the acquisition or transfer of defense
articles and services to foreign nations in order to facilitate
their self-defense and participation in multinational security
efforts. The proposed provision is designed to provide distinct
authority to support foreign indigenous forces rapidly in
response to emerging, unanticipated emergency requirements that
arise with increasing frequency in the current wartime security
environment. The provision would clarify DoD's authority to
promote military cooperation in the global war on terrorism or
other urgent military operations or activities by sustaining
friendly indigenous forces through flexible military assistance
that includes funding the operation and maintenance and
personnel costs of these forces. The requirement that the
Secretary of State concur with the implementation of this
authority ensures that the temporary, emergency authority will
be exercised in a manner consistent with and supportive of
foreign assistance programs.
The last provision amends Section 4 of the Iraq Liberation
Act of 1998 to permit DoD to draw down up to $150 million of
DoD's appropriations.
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Sec. ____. Expanded Use of Cooperative Threat Reduction
Funds.
(a) In General._(1) Notwithstanding any other provision of
law, during fiscal years 2003 and 2004 the President may use
Cooperative Threat Reduction funds, including Cooperative
Threat Reduction funds for a prior fiscal year that remain
available for obligation as of the date of the enactment of
this Act, for proliferation threat reduction projects and
activities outside the states of the former Soviet Union if the
President determines that such projects and activities will:
(A) assist the United States in the resolution of critical
emerging proliferation threats; or (B) permit the United States
to take advantage of opportunities to achieve long-standing
nonproliferation goals.
(2) The amount that may be obligated under paragraph (1) in
each fiscal year for projects and activities described in that
paragraph may not exceed $50,000,000.
(b) Authorized Uses of Funds._The authority under
subsection (a) to use Cooperative Threat Reduction funds for a
project or activity includes authority to provide equipment,
goods, and services for the project or activity.
This provision would authorize the President to use each
fiscal year up to $50 million in Cooperative Threat Reduction
funds outside the states of the former Soviet Union, including
Iraq, if the President determines such funds would assist the
United States resolve critical emerging proliferation threats
or otherwise would permit the United States to take advantage
of opportunities or requirements, including those related to
the Global War on Terrorism, to achieve long-standing
nonproliferation goals. Existing law limits the use of such
funds to the states of the former Soviet Union. The provision
would allow the President to provide equipment, goods, and
services for a project or activity. To the extent possible,
such assistance will be provided to the recipient states
pursuant to international agreements with terms similar to
those in existing international agreements concerning the
provision of Cooperative Threat Reduction assistance to states
of the former Soviet Union.
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DEPARTMENT OF JUSTICE
General Administration
COUNTERTERRORISM FUND
For an additional amount for necessary expenses, as
determined by the Attorney General, $500,000,000, to remain
available until December 31, 2003, to reimburse the
appropriation for any Department of Justice organization for:
(1) the costs incurred in reestablishing the operational
capability of an office or facility which has been damaged or
destroyed as a result of any domestic or international
terrorist incident; and (2) the costs of providing support to
counter, investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with
these activities: Provided, That any Federal agency may be
reimbursed for the costs of detaining in foreign countries
individuals accused of acts of terrorism that violate the laws
of the United States: Provided further, That the Attorney
General shall notify the Committees on Appropriations of the
Senate and House of Representatives 15 days prior to obligation
of any amount of these funds.
This request would provide funding for immediate or
emerging terrorism-related prevention and response requirements
in the Department of Justice. Funding would be used to
reimburse the Federal Bureau of Investigation for expenditures
related to increased intelligence support and law enforcement
investigations, and to the United States Marshals Service for
protective measures, and for other activities.
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DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ``Diplomatic and Consular
Programs,'' $101,420,000: Provided, That funds appropriated by
this paragraph shall be available notwithstanding section 15 of
the State Department Basic Authorities Act of 1956, as amended.
This request would provide $101.4 million for the
Diplomatic and Consular Programs. The funds are essential to
advance Department operations and programs related to Iraq and
the war on terrorism.
The activities funded include $5.0 million for Task Force
Surge Support operations for the Office of the Secretary,
Foreign Emergency Support Team and 24/7 task forces; $17.9
million for initial and secondary stage setup and operating
costs for re-opening the embassy in Baghdad; $17.9 million for
additional diplomatic security programs for operations in
Baghdad, temporary duty staffing (TDY), physical security,
technical security equipment, armored cars and local guards;
$15.6 million for medical services including emergency medical
supplies, chemical and biological antidotes, anthrax and
smallpox vaccines, white powder evaluations and medical
training not provided for in FY 2003; $10.0 million for
worldwide security upgrades to increase the number of local
guards, fund chemical and biological countermeasures including
masks, suits and detection equipment, intelligence specialists,
TDY teams to posts, armored vehicles and domestic security; and
$35.0 million for Consular Affairs requirements, including
emergency operations and possible Machine Readable Visa fee
shortfalls.
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DEPARTMENT OF STATE
Administration of Foreign Affairs
EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE
For an additional amount for ``Embassy Security,
Construction and Maintenance,'' $20,000,000: Provided, That
funds appropriated by this paragraph shall be available
notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, as amended.
This request would provide an additional $20 million for
the Embassy Security, Construction and Maintenance account.
These funds are essential to provide safe, secure, and
functional temporary facilities in Iraq.
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DEPARTMENT OF STATE
Administration of Foreign Affairs
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For an additional amount for ``Emergencies in the
Diplomatic and Consular Service,'' $65,708,000, of which
$32,369,000 for transportation costs of American citizens and
$14,600,000 for employee subsistence allowances shall remain
available until September 30, 2003: Provided, That funds
appropriated by this paragraph shall be available
notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, as amended.
The request would ensure that sufficient reserves are
available to fund the transportation and associated costs of
evacuating U.S. government employees, their families, and
private American citizens, and to provide additional services
to American citizens abroad should the need arise. Funding for
American citizen transportation costs and employee subsistence
allowances for U.S. government employees evacuated from their
posts would be provided through September 30, 2003, to be
available if needed for any requirements arising from the
conflict with Iraq. The funds are to be returned to the
Treasury if not required.
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DEPARTMENT OF STATE
Other
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund,'' $50,000,000, to remain
until expended, notwithstanding section 2(c)(2) of the
Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)(2)).
This request would replenish funds for urgent, unforeseen
refugee and migration events. Humanitarian requirements related
to the situation in Iraq have drawn down the balances in the
Fund. It is critical for the United States to have sufficient
funding to provide front-line, life-saving responses to
humanitarian emergencies worldwide.
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DEPARTMENT OF STATE
Other
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ``International Narcotics
Control and Law Enforcement,'' $25,000,000.
This request would fund border security equipment
maintenance and upgrades and law enforcement capacity building
in Pakistan to improve nation-wide efforts related to the war
on terrorism.
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DEPARTMENT OF STATE
Other
ANDEAN COUNTERDRUG INITIATIVE
For an additional amount for the ``Andean Counterdrug
Initiative,'' $34,000,000.
This request would provide funding to Colombia to support
extension of police authority to areas of the country that
currently have little or no law enforcement presence, enhanced
presidential security, bomb squad equipment, and for the
unified campaign against narcotics and terrorism.
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INTERNATIONAL ASSISTANCE PROGRAMS
International Security Assistance
ECONOMIC SUPPORT FUND
For an additional amount for ``Economic Support Fund,''
$2,442,000,000, of which the amounts specified herein shall be
available as follows: (1) $300,000,000, to remain available
until September 30, 2005, only for grants for Egypt: Provided,
That during the period beginning March 1, 2003 and ending
September 30, 2005, loan guarantees may be made to Egypt, the
principal amount, any part of which is to be guaranteed, not to
exceed $2,000,000,000: Provided further, That no appropriations
are available for the subsidy costs for these loan guarantees:
Provided further, That the Government of Egypt will incur all
the costs, as defined in section 502 of the Federal Credit
Reform Act of 1990, as amended, associated with these loan
guarantees, including any non-payment exposure risk: Provided
further, That all fees associated with these loan guarantees
shall be paid by the Government of Egypt to the Government of
the United States: Provided further, That funds made available
for assistance to Egypt under chapter 4 of Part II of the
Foreign Assistance Act of 1961, as amended, may be utilized by
the Government of Egypt to pay such fees to the United States
Government: Provided further: That up to $379,600,000 in funds
appropriated under this heading in prior foreign operations,
export financing, and related programs appropriations acts for
Egypt, including funds provided as Commodity Import Program
assistance, may be made available on a grant basis as a cash
transfer. (2) $1,000,000,000, to remain available until
September 30, 2005, only for grants for Turkey: Provided, That
during the period beginning March 1, 2003 and ending September
30, 2005, direct loans or loan guarantees may be made to
Turkey, the principal amount of direct loans or loans, any part
of which is to be guaranteed, not to exceed $8,500,000,000:
Provided further, That no appropriations are available for the
subsidy costs for these loans or loan guarantees: Provided
further, That the Government of Turkey will incur all the
costs, as defined in section 502 of the Federal Credit Reform
Act of 1990, as amended, associated with these loans or loan
guarantees, including any non-payment exposure risk: Provided
further, That all fees associated with these loans or loan
guarantees shall be paid by the Government of Turkey to the
Government of the United States: Provided further, That funds
made available for assistance to Turkey under chapter 4 of Part
II of the Foreign Assistance Act of 1961, as amended, may be
utilized by the Government of Turkey to pay such fees to the
United States Government; Further, the President shall
determine the terms and conditions for issuing the economic
assistance authorized in paragraphs (1) and (2). If the
President determines that these terms and conditions have been
breached, the President may suspend or terminate the provision
of all or part of such economic assistance not yet outlayed
under this heading.
This request for $2,442 million for the Economic Support
Fund (ESF) would provide economic and development assistance to
countries that are invaluable coalition partners in the effort
to disarm and stabilize Iraq and in the war against terrorism.
$1 billion would be provided for Turkey in the form of
grants. A portion of this amount may be used by Turkey to pay
fees to cover the budget cost of up to $8.5 billion in direct
loans or loan guarantees to help Turkey in carrying out
comprehensive economic and financial reforms and relieving
potential balance of payments needs that may result from
hostilities in Iraq.
$700 million would be provided for Jordan as budget support
to help offset the economic dislocation and hardship brought on
by a conflict with Iraq. Approximately $250 million will be
used to address Jordan's most pressing budgetary needs and debt
service obligations, and $450 million will be used to help
Jordan in its transition from economic dependence on Iraq.
$300 million would be provided for Egypt to help offset
economic dislocation and hardship brought on by a conflict with
Iraq. A portion of this amount may be used by Egypt to pay fees
to cover the budget costs of up to $2 billion in loan
guarantees for Egypt, subject to the terms and conditions that
the President decides.
$127 million would be provided for Afghanistan to promote
secure conditions preventing the return of terrorism to
Afghanistan: $60 million for continued reconstruction of the
Kabul-Kandahar-Herat highway; $50 million for operational
support; and $17 million for technical and material assistance
to support Afghanistan's political rehabilitation as outlined
in the Bonn Agreement.
$200 million would be provided for the Muslim Outreach and
Middle East Partnership Initiative. These funds would support
educational and economic opportunities in the Muslim and Arab
world, as well as public diplomacy and other outreach programs
to the Muslim world.
$50 million would be provided for direct support to reduce
terrorism and support the peace process in the West Bank and
Gaza.
$40 million would be provided to reimburse the account for
funds provided to pre-position people, supplies, and
commodities prior to the conflict with Iraq.
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INTERNATIONAL ASSISTANCE PROGRAMS
International Security Assistance
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for the ``Foreign Military
Financing Program,'' $2,059,100,000: Provided, That funds
appropriated by this paragraph shall be available
notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
This request would provide resources that are urgently
needed for Afghanistan, Israel, Jordan, Bahrain, Oman,
Pakistan, Poland, Hungary, the Czech Republic, Estonia, Latvia,
Lithuania, Bulgaria, Romania, Slovakia, Slovenia, Djibouti, the
Philippines, Colombia, and other related needs. These funds
would be used immediately to strengthen the forces of our
partners and allies in operations in Iraq and the ongoing war
against terrorism, by providing vitally needed equipment,
supplies and training, such as radios for communication, night
vision goggles, vehicles for mobility, spare parts and
maintenance for vehicles and aircraft, radar for air traffic
control, and small unit basic and operational training. The
request includes the following:
$1.0 billion would be provided to Israel to strengthen
military and civil defenses against regional threats.
$406 million would be provided for Jordan to meet border
security requirements and to upgrade fighter aircraft and
airbases.
$175 million would be provided to Pakistan to provide
improved capabilities for border security in the fight against
terrorism, for monitoring equipment, aircraft procurement and
refurbishment, and surveillance radar systems.
$170 million would be provided to Afghanistan to provide
training, equipment, and base construction urgently needed for
the Afghan National Army.
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INTERNATIONAL ASSISTANCE PROGRAMS
International Security Assistance
PEACEKEEPING OPERATIONS
For an additional amount for ``Peacekeeping Operations,''
$200,000,000.
This request would provide an additional $200 million for
the State Department's Peacekeeping Operations programs related
to Iraq. These funds would be used to assist coalition partners
and cooperative Front Line States to support critical
stabilization activities in post-conflict Iraq.
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INTERNATIONAL ASSISTANCE PROGRAMS
International Security Assistance
UNITED STATES EMERGENCY FUND FOR COMPLEX FOREIGN CRISES
For necessary expenses to enable the President to respond
to unforeseen complex foreign crises, $150,000,000: Provided,
That funds appropriated under this heading may be made
available only pursuant to a determination by the President
that it is in the national interest to furnish assistance on
such terms and conditions as he may determine for the purpose
of responding to such crises, including support for peace and
humanitarian intervention operations: Provided further, That
none of the funds appropriated under this heading shall be
available to respond to natural disasters: Provided further,
That for funds appropriated under this heading the President
may make allocations to Federal agencies to carry out the
authorities provided under this heading: Provided further, That
funds appropriated by this paragraph shall be made available
notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956: Provided
further, That the President may furnish assistance under this
heading notwithstanding any other provision of law.
This request would provide resources to quickly and
effectively respond to complex foreign crises. Given the
evolving situation with Iraq, the availability of these
contingent funds is key to responding to unforeseen needs and
requirements. These funds could be used for a range of foreign
assistance activities, including support for unanticipated
stabilization and humanitarian operations related to Iraq. Use
of these funds would require a determination by the President
that a complex emergency exists and that it is in the national
interest to furnish assistance in response. This request would
not fund assistance activities in response to natural disasters
because existing contingency funding is available for that
purpose.
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INTERNATIONAL ASSISTANCE PROGRAMS
International Security Assistance
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs,'' $28,000,000.
This request would provide $25 million to support anti-
terrorism training and protection programs in Afghanistan and
other anti-terrorism training and equipment needs. In addition,
$3 million would fund demining activities, the clearance of
unexploded ordinance, and related activities in Afghanistan.
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INTERNATIONAL ASSISTANCE PROGRAMS
Agency for International Development
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For an additional amount for ``Child Survival and Health
Programs Fund,'' $40,000,000.
This request would provide $40 million to reimburse the
account for funds borrowed and provided to preposition people,
supplies, and commodities to address humanitarian needs prior
to the conflict with Iraq.
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INTERNATIONAL ASSISTANCE PROGRAMS
Agency for International Development
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ``International Disaster
Assistance,'' $80,000,000: Provided, That amounts made
available pursuant to section 492(b) of the Foreign Assistance
Act of 1961 for the purpose of addressing relief and
rehabilitation needs in Iraq, prior to enactment of this Act,
shall be in addition to the amount that may be obligated in any
fiscal year under that section.
This request would provide $80 million to reimburse the
account for funds used to preposition people, supplies, and
commodities to address humanitarian needs prior to the conflict
with Iraq. It also allows the United States Agency for
International Development not to count any ``borrowing'' from
other accounts used under International Disaster Assistance
authorities.
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INTERNATIONAL ASSISTANCE PROGRAMS
Agency for International Development
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For an additional amount for ``Operating Expenses of the
United States Agency for International Development,''
$22,000,000, of which not more than $2,000,000 may be
transferred to and merged with ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General.''
This request would provide additional funds for the United
States Agency for International Development (USAID) to evacuate
overseas personnel, and establish a new mission in Iraq and the
related support for staff in Washington D.C. This would also
allow a portion of the funds to be available for operating
expenses for USAID's Office of Inspector General to audit the
expenditure of funds used for relief and reconstruction in
Iraq.
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INTERNATIONAL ASSISTANCE PROGRAMS
Agency for International Development
LOAN GUARANTEES TO ISRAEL
During the period beginning March 1, 2003 and ending
September 30, 2005, loan guarantees may be made available to
Israel, the principal amount, any part of which is to be
guaranteed, not to exceed $9,000,000,000: Provided, That
guarantees may be issued under this section only to support
activities in the geographic areas which were subject to the
administration of the Government of Israel before June 5, 1967:
Provided further, That the amount of guarantees that may be
issued shall be reduced by an amount equal to the amount
extended or estimated to have been extended by the Government
of Israel during the period from March 1, 2003 to the date of
issue of the guarantee, for activities which the President
determines are inconsistent with the objectives and
understandings reached between the United States and the
Government of Israel regarding the implementation of the loan
guarantee program: Provided further, That no appropriations are
available for the subsidy costs for these loan guarantees:
Provided further, That the Government of Israel will incur all
the costs, as defined in section 502 of the Federal Credit
Reform Act of 1990, as amended, associated with the loan
guarantees, including any non-payment exposure risk: Provided
further, That all fees associated with the loan guarantees
shall be paid by the Government of Israel to the Government of
the United States: Provided further, That funds made available
for assistance to Israel under chapter 4 of part II of the
Foreign Assistance Act of 1961, as amended, may be utilized by
the Government of Israel to pay such fees to the United States
Government: Provided further, That the President shall
determine the terms and conditions for issuing guarantees,
taking into consideration the budgetary and economic reforms
undertaken by Israel: Provided further, That if the President
determines that these terms and conditions have been breached,
the President may suspend or terminate the provision of all or
part of the loan guarantees not yet issued under this section.
This request authorizes the President to provide up to $9
billion in loan guarantees to Israel through the end of fiscal
year 2005. These loan guarantees will help Israel address
economic costs associated with the conflict with Iraq and to
implement critical budgetary and economic reforms.
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GENERAL PROVISIONS
Sec. ____. Any appropriation made available in this Act for
``International Assistance Programs,'' for ``Department of
State,'' or under the heading, ``Iraq Relief and Reconstruction
Fund'' under ``Executive Office of the President,'' may be
transferred between such appropriations for use for any of the
purposes for which the funds in the such receiving account may
be used: Provided, That the total amount transferred shall not
exceed $200,000,000.
This would allow transfers among the accounts in the
International Assistance Programs, the Department of State
portions of this request, and the new Iraq Relief and
Reconstruction Fund, with a cumulative cap of $200 million.
This will allow the President to move funds between accounts to
provide the most effective possible aid to the Iraqi people and
support to our allies in the conflict in Iraq and the war on
terrorism.
Sec. ____. Assistance or other financing under this Act or
under prior foreign operations, export financing, and related
programs appropriations Acts may be provided to support relief
and reconstruction in Iraq notwithstanding any other provision
of law.
This would extend the authority to provide relief and
reconstruction assistance for Iraq ``notwithstanding any other
provision of law'' that is provided in the FY 2003 Consolidated
Appropriations Act. The authority in the Consolidated
Appropriations Act expires once a supplemental appropriation
for Iraq is enacted. This authority continues to be needed to
ensure that relief and reconstruction assistance for Iraq may
be provided swiftly and flexibly.
Sec. ____. The Iraq Sanctions Act of 1990 is hereby
repealed: Provided, That nothing in this section shall affect
the applicability of the Iran-Iraq Arms Non-Proliferation Act
of 1992 (Pub. L. 102-484): Provided further, That the President
may make inapplicable with respect to Iraq section 620A of the
Foreign Assistance Act of 1961, as amended, or other provision
of law that applies to countries that have supported terrorism:
Provided further, That section 307 of the Foreign Assistance
Act of 1961, as amended, shall not apply with respect to
programs of international organizations for Iraq: Provided
further, That provisions of law that purport to direct the
United State Government to vote against or oppose loans or
other uses of funds, including for financial or technical
assistance, in international financial institutions for Iraq
should not be construed as applying to Iraq.
This provision would repeal the Iraq Sanctions Act of 1990,
which requires the President to continue an embargo on Iraq and
impose certain mandatory sanctions against Iraq, including
prohibitions on arms sales, certain exports, foreign assistance
and Export-Import Bank Credits. It would also authorize the
President to make inapplicable with respect to Iraq section
620A, and section 620G, and section 307 of the Foreign
Assistance Act.
Sec. ____. Notwithstanding any other provision of law
herafter, the President may authorize the export to Iraq of any
item subject to the Export Administration Regulations, 15 CFR
chapter VII, subchapter C, or controlled under the
International Trafficking in Arms Regulations on the United
States Munitions List established pursuant to section 38 of the
Arms Export Control Act, 22 U.S.C. 2778, if the President
determines that the export of such item is in the national
interest of the United States.
This would provide the President with the flexibility to
authorize exports to Iraq upon determining that they are in the
national interest of the United States, notwithstanding
statutory restrictions, in addition to those in the Iraq
Sanctions Act, and those under the Arms Export Control Act on
exports to Iraq.
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BROADCASTING BOARD OF GOVERNORS
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ``International Broadcasting
Operations,'' for activities related to the Middle East
Television Network broadcasting and radio broadcasting to Iraq,
$30,500,000: Provided, That funds appropriated by this
paragraph shall be available notwithstanding section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995.
This request would provide $30.5 million for the Middle
East Television Network and radio broadcasting to Iraq. The
funding would support start-up costs to initiate a Middle East
Television Network which would broadcast news and information
in Arabic via satellite directly to homes in the Middle East.
This network would give people in the region, including Iraq, a
means of hearing and understanding American policies and
people. The FY 2004 President's Budget includes $30 million for
the Broadcasting Board of Governors, which would now be used to
fund any remaining start-up costs and the first year of
operations. The funding also would support increased Arabic
radio broadcasting through Voice of America's Radio Sawa and
Radio Free Iraq.
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
General Provisions
Sec. ________. Section 1113 of the Social Security Act, as
amended (42 U.S.C. 1313), is further amended in subsection (d),
by striking ``September 30, 1991'' and inserting ``September
30, 2003''.
This request would eliminate the $1.0 million cap in FY
2003 on funds available for the Department of Health and Human
Services to provide assistance to ill or destitute U.S.
citizens who have returned from foreign countries due to war,
threat of war, invasion, or similar crisis. Removing the cap
will provide the appropriate flexibility needed to address such
crises abroad as was done in 1991 during the Persian Gulf War
when the cap was lifted and $1.8 million was utilized for such
purposes.
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DEPARTMENT OF HOMELAND SECURITY
Departmental Management
COUNTERTERRORISM FUND
For an additional amount for ``Counterterrorism Fund,'' for
necessary expenses as determined by the Secretary of Homeland
Security, $1,500,000,000, to remain available until December
31, 2003, to reimburse the appropriation for any Department of
Homeland Security organization for the costs of providing
support to prevent, counter, investigate, respond to, or
prosecute unexpected threats or acts of terrorism, including
payment of rewards in connection with these activities, and
activities in support of the Department of Defense: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and House of Representatives 15
days prior to obligation of any amount of these funds.
This request would provide funding for immediate or
emerging terrorism-related prevention, preparedness, and
response requirements throughout the Department of Homeland
Security (DHS). Funding would be used to reimburse DHS
operating divisions for expenditures related to increased
border and maritime operating tempo, enhancements to the
strategic national stockpile, protection of the military
outload in support of the war on terrorism, rapid positioning
and deployment of detection equipment including environmental
detection against biological attack, response assets, and other
activities.
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DEPARTMENT OF HOMELAND SECURITY
Border and Transportation Security
OFFICE FOR DOMESTIC PREPAREDNESS
For an additional amount for the ``Office for Domestic
Preparedness,'' as authorized by the Homeland Security Act of
2002 (P.L. 107-296), the USA PATRIOT Act of 2001 (P.L. 107-56),
and the National Defense Authorization Act of 1996 (P.L. 104-
201), for grants, contracts, cooperative agreements, and other
activities, including grants to States for terrorism prevention
activities, $2,000,000,000, to remain available until December
31, 2003: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives 15 days prior to obligation of any amount of
these funds.
This request would provide for assistance to state and
local governments to support federally-coordinated prevention,
preparedness, and security enhancements related to the war on
terrorism, including the operational costs for protecting
critical infrastructure and strengthening environmental
detection against biological attack, as well as terrorism
preparedness for first responders. Before releasing related
funds, the Department of Homeland Security will ensure that
appropriate security measures are in place for critical
infrastructure sites.
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EXECUTIVE OFFICE OF THE PRESIDENT
IRAQ RELIEF AND RECONSTRUCTION FUND
(including transfers of funds)
For necessary expenses for humanitarian assistance in and
around Iraq and for rehabilitation and reconstruction in Iraq,
$2,443,300,000, including for the costs of: (1) feeding; (2)
supporting relief efforts related to refugees, internally
displaced persons, and vulnerable individuals; (3) humanitarian
demining; (4) healthcare; (5) water/sanitation infrastructure;
(6) education; (7) electricity; (8) transportation; (9)
telecommunications; (10) rule of law and governance; (11)
economic and financial policy; and (12) agriculture: Provided,
That these funds may be transferred to and made available for
any Federal Government activity for expenses to meet such
costs: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That
of the funds made available under this heading up to
$200,000,000 may be used to reimburse accounts for funds
expended to purchase food and commodities for use in Iraq;
Provided further, That the United States may accept from any
person, foreign government, or international organization, and
credit to this Fund, any contribution of money for such
purposes: Provided further, That funds provided under this
heading may be used to reimburse accounts for obligations
incurred for the purposes provided under this heading prior to
enactment of this Act: Provided further, That funds
appropriated by this appropriation shall be available
notwithstanding any other provision of law, including section
10 of P.L. 91-672 and section 15 of the State Department Basic
Authorities Act of 1956.
This request would provide $2.443 billion for Iraq:
$543 million for humanitarian assistance
related to the situation in Iraq, to support relief
efforts related to refugees, internally displaced
persons, and vulnerable individuals, including
humanitarian demining;
up to $200 million is available to reimburse
accounts drawn down to provide emergency food stocks
for the Iraqi people; and,
$1.7 billion for reconstruction efforts in
the areas of health, water/sanitation, education,
electricity, transportation, telecommunications, rule
of law/governance, economic and financial policy, and
agriculture. Specific amounts for each sector are not
yet known and are dependent on the results of
assessments that will be conducted immediately
following the end of the conflict.
The funds are requested to be provided to the President to
ensure flexibility in addressing needs as they arise. In
addition, funds are made available under the DoD heading for
oil field repair, in contingency accounts, and reimbursement
for pre-positioning supplies providing a total of $3.5 billion
for activities in Iraq.
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EXECUTIVE OFFICE OF THE PRESIDENT
Unanticipated Needs
EMERGENCY RESPONSE FUND
For necessary expenses to detect, prepare for, prevent,
protect against, or respond to a potential terrorist attack,
$250,000,000, to remain available until December 31, 2003:
Provided, That these funds may be transferred to any authorized
Federal Government activity for these purposes: Provided
further, That the Director of the Office of Management and
Budget shall notify the Committees on Appropriations of the
Senate and House of Representatives 15 days prior to transfer
of any amount of these funds.
This request would provide funding for immediate or
emerging terrorism-related prevention requirements throughout
the federal government. Funds could be provided to any
authorized federal activity in any federal agency. Assuming
near-term enactment of the President's smallpox compensation
proposal, these funds could provide benefits for first
responders and front line health care workers who volunteer to
be vaccinated against smallpox and who suffer serious adverse
reactions from the vaccine.
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LEGISLATIVE BRANCH
Joint Items
LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND
For necessary expenses to detect, prepare for, prevent,
protect against, or respond to a potential terrorist attack,
$125,000,000, to remain available until December 31, 2003.
This request would provide funding for immediate or
emerging terrorism-related prevention requirements throughout
the Legislative Branch.