108TH CONGRESS

1ST SESSION H. R. 3289

AN ACT

Making emergency supplemental appropriations for defense

and for the reconstruction of Iraq and Afghanistan for

the fiscal year ending September 30, 2004, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2004, and for other pur4 poses, namely:

5 TITLE I—NATIONAL SECURITY

6 CHAPTER 1

7 DEPARTMENT OF DEFENSE—MILITARY

8 MILITARY PERSONNEL

9 MILITARY PERSONNEL, ARMY

10 For an additional amount for ‘‘Military Personnel,

11 Army’’, $12,188,870,000: Provided, That the entire

12 amount is designated by the Congress as an emergency

13 requirement pursuant to section 502 of H. Con. Res. 95

14 (108th Congress), the concurrent resolution on the budget

15 for fiscal year 2004.

16 MILITARY PERSONNEL, NAVY

17 For an additional amount for ‘‘Military Personnel,

18 Navy’’, $816,100,000: Provided, That the entire amount

19 is designated by the Congress as an emergency require20 ment pursuant to section 502 of H. Con. Res. 95 (108th

21 Congress), the concurrent resolution on the budget for fis22 cal year 2004.

23 MILITARY PERSONNEL, MARINE CORPS

24 For an additional amount for ‘‘Military Personnel,

25 Marine Corps’’, $753,190,000: Provided, That the entire
3

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1 amount is designated by the Congress as an emergency

2 requirement pursuant to section 502 of H. Con. Res. 95

3 (108th Congress), the concurrent resolution on the budget

4 for fiscal year 2004.

5 MILITARY PERSONNEL, AIR FORCE

6 For an additional amount for ‘‘Military Personnel,

7 Air Force’’, $3,384,700,000: Provided, That the entire

8 amount is designated by the Congress as an emergency

9 requirement pursuant to section 502 of H. Con. Res. 95

10 (108th Congress), the concurrent resolution on the budget

11 for fiscal year 2004.

12 OPERATION AND MAINTENANCE

13 OPERATION AND MAINTENANCE, ARMY

14 For an additional amount for ‘‘Operation and Main15 tenance, Army’’, $24,355,664,000 (decreased by

16 $98,000,000): Provided, That the entire amount is des17 ignated by the Congress as an emergency requirement

18 pursuant to section 502 of H. Con. Res. 95 (108th Con19 gress), the concurrent resolution on the budget for fiscal

20 year 2004.

21 OPERATION AND MAINTENANCE, NAVY

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for ‘‘Operation and Main24 tenance, Navy’’, $1,934,058,000, of which up to

25 $80,000,000 may be transferred to the Department of
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1 Homeland Security for Coast Guard Operations: Provided,

2 That the entire amount is designated by the Congress as

3 an emergency requirement pursuant to section 502 of H.

4 Con. Res. 95 (108th Congress), the concurrent resolution

5 on the budget for fiscal year 2004.

6 OPERATION AND MAINTENANCE, MARINE CORPS

7 For an additional amount for ‘‘Operation and Main8 tenance, Marine Corps’’, $1,198,981,000: Provided, That

9 the entire amount is designated by the Congress as an

10 emergency requirement pursuant to section 502 of H.

11 Con. Res. 95 (108th Congress), the concurrent resolution

12 on the budget for fiscal year 2004.

13 OPERATION AND MAINTENANCE, AIR FORCE

14 For an additional amount for ‘‘Operation and Main15 tenance, Air Force’’, $5,598,368,000: Provided, That the

16 entire amount is designated by the Congress as an emer17 gency requirement pursuant to section 502 of H. Con.

18 Res. 95 (108th Congress), the concurrent resolution on

19 the budget for fiscal year 2004.

20 OPERATION AND MAINTENANCE, DEFENSE-WIDE

21 For an additional amount for ‘‘Operation and Main22 tenance, Defense-Wide’’, $4,485,452,000 (reduced by

23 $50,000,000) (increased by $50,000,000), of which—
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1 (1) not to exceed $15,000,000 may be used for

2 the CINC Initiative Fund account, to be used pri3 marily in Iraq and Afghanistan; and

4 (2) not to exceed $1,300,000,000, to remain

5 available until expended, may be used, notwith6 standing any other provision of law, for payments to

7 reimburse Pakistan, Jordan, and other key cooper8 ating nations, for logistical and military support pro9 vided, or to be provided, to United States military

10 operations in connection with military action in Iraq

11 and the global war on terrorism: Provided, That

12 such payments may be made in such amounts as the

13 Secretary of Defense, with the concurrence of the

14 Secretary of State, and in consultation with the Di15 rector of the Office of Management and Budget,

16 may determine, in his discretion, based on docu17 mentation determined by the Secretary of Defense to

18 adequately account for the support provided, and

19 such determination is final and conclusive upon the

20 accounting officers of the United States, and 15

21 days following notification to the appropriate con22 gressional committees: Provided further, That the

23 Secretary of Defense shall provide quarterly reports

24 to the Committees on Appropriations on the use of

25 these funds: Provided further, That the entire
6

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1 amount is designated by the Congress as an emer2 gency requirement pursuant to section 502 of H.

3 Con. Res. 95 (108th Congress), the concurrent reso4 lution on the budget for fiscal year 2004.

5 OPERATION AND MAINTENANCE, MARINE CORPS

6 RESERVE

7 For an additional amount for ‘‘Operation and Main8 tenance, Marine Corps Reserve’’, $16,000,000: Provided,

9 That the entire amount is designated by the Congress as

10 an emergency requirement pursuant to section 502 of H.

11 Con. Res. 95 (108th Congress), the concurrent resolution

12 on the budget for fiscal year 2004.

13 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

14 For an additional amount for ‘‘Operation and Main15 tenance, Air Force Reserve’’, $53,000,000: Provided, That

16 the entire amount is designated by the Congress as an

17 emergency requirement pursuant to section 502 of H.

18 Con. Res. 95 (108th Congress), the concurrent resolution

19 on the budget for fiscal year 2004.

20 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

21 For an additional amount for ‘‘Operation and Main22 tenance, Air National Guard’’, $214,000,000: Provided,

23 That the entire amount is designated by the Congress as

24 an emergency requirement pursuant to section 502 of H.
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1 Con. Res. 95 (108th Congress), the concurrent resolution

2 on the budget for fiscal year 2004.

3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

4 For an additional amount for ‘‘Overseas Humani5 tarian, Disaster, and Civic Aid’’, $35,500,000: Provided,

6 That the entire amount is designated by the Congress as

7 an emergency requirement pursuant to section 502 of H.

8 Con. Res. 95 (108th Congress), the concurrent resolution

9 on the budget for fiscal year 2004.

10 IRAQ FREEDOM FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For ‘‘Iraq Freedom Fund’’, $1,988,600,000 (in13 creased by $98,000,000), to remain available for transfer

14 until September 30, 2005, for the purposes authorized

15 under this heading in Public Law 108–11: Provided, That

16 the Secretary of Defense may transfer the funds provided

17 herein to appropriations for military personnel; operation

18 and maintenance; Overseas Humanitarian, Disaster, and

19 Civic Aid; procurement; military construction; the Defense

20 Health Program; and working capital funds: Provided fur21 ther, That funds transferred shall be merged with and be

22 available for the same purposes and for the same time pe23 riod as the appropriation or fund to which transferred:

24 Provided further, That this transfer authority is in addi25 tion to any other transfer authority available to the De-
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1 partment of Defense: Provided further, That upon a deter2 mination that all or part of the funds transferred from

3 this appropriation are not necessary for the purposes pro4 vided herein, such amounts may be transferred back to

5 this appropriation: Provided further, That the Secretary

6 of Defense shall, not fewer than 5 days prior to making

7 transfers from this appropriation, notify the congressional

8 defense committees of any such transfer: Provided further,

9 That the Secretary shall submit a report no later than

10 30 days after the end of each fiscal quarter to the congres11 sional defense committees summarizing the details of the

12 transfer of funds from this appropriation: Provided fur13 ther, That the entire amount is designated by the Congress

14 as an emergency requirement pursuant to section 502 of

15 H. Con. Res. 95 (108th Congress), the concurrent resolu16 tion on the budget for fiscal year 2004.

17 PROCUREMENT

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For an additional amount for ‘‘Procurement of Weap21 ons and Tracked Combat Vehicles, Army’’, $101,600,000,

22 to remain available until September 30, 2006: Provided,

23 That the entire amount is designated by the Congress as

24 an emergency requirement pursuant to section 502 of H.
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1 Con. Res. 95 (108th Congress), the concurrent resolution

2 on the budget for fiscal year 2004.

3 OTHER PROCUREMENT, ARMY

4 For an additional amount for ‘‘Other Procurement,

5 Army’’, $1,250,287,000, to remain available until Sep6 tember 30, 2006: Provided, That the entire amount is des7 ignated by the Congress as an emergency requirement

8 pursuant to section 502 of H. Con. Res. 95 (108th Con9 gress), the concurrent resolution on the budget for fiscal

10 year 2004.

11 AIRCRAFT PROCUREMENT, NAVY

12 For an additional amount for ‘‘Aircraft Procurement,

13 Navy’’, $158,600,000, to remain available until September

14 30, 2006: Provided, That the entire amount is designated

15 by the Congress as an emergency requirement pursuant

16 to section 502 of H. Con. Res. 95 (108th Congress), the

17 concurrent resolution on the budget for fiscal year 2004.

18 OTHER PROCUREMENT, NAVY

19 For an additional amount for ‘‘Other Procurement,

20 Navy’’, $76,357,000, to remain available until September

21 30, 2006: Provided, That the entire amount is designated

22 by the Congress as an emergency requirement pursuant

23 to section 502 of H. Con. Res. 95 (108th Congress), the

24 concurrent resolution on the budget for fiscal year 2004.
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1 PROCUREMENT, MARINE CORPS

2 For an additional amount for ‘‘Procurement, Marine

3 Corps’’, $123,397,000, to remain available until Sep4 tember 30, 2006: Provided, That the entire amount is des5 ignated by the Congress as an emergency requirement

6 pursuant to section 502 of H. Con. Res. 95 (108th Con7 gress), the concurrent resolution on the budget for fiscal

8 year 2004.

9 AIRCRAFT PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Aircraft Procurement,

11 Air Force’’, $53,972,000, to remain available until Sep12 tember 30, 2006: Provided, That the entire amount is des13 ignated by the Congress as an emergency requirement

14 pursuant to section 502 of H. Con. Res. 95 (108th Con15 gress), the concurrent resolution on the budget for fiscal

16 year 2004.

17 MISSILE PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Missile Procurement,

19 Air Force’’, $20,450,000, to remain available until Sep20 tember 30, 2006: Provided, That the entire amount is des21 ignated by the Congress as an emergency requirement

22 pursuant to section 502 of H. Con. Res. 95 (108th Con23 gress), the concurrent resolution on the budget for fiscal

24 year 2004.
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1 OTHER PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Other Procurement,

3 Air Force’’, $3,418,006,000, to remain available until

4 September 30, 2006: Provided, That the entire amount is

5 designated by the Congress as an emergency requirement

6 pursuant to section 502 of H. Con. Res. 95 (108th Con7 gress), the concurrent resolution on the budget for fiscal

8 year 2004.

9 PROCUREMENT, DEFENSE-WIDE

10 For an additional amount for ‘‘Procurement, De11 fense-Wide’’, $418,635,000, to remain available until Sep12 tember 30, 2006: Provided, That the entire amount is des13 ignated by the Congress as an emergency requirement

14 pursuant to section 502 of H. Con. Res. 95 (108th Con15 gress), the concurrent resolution on the budget for fiscal

16 year 2004.

17 RESEARCH, DEVELOPMENT, TEST AND

18 EVALUATION

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

20 NAVY

21 For an additional amount for ‘‘Research, Develop22 ment, Test and Evaluation, Navy’’, $34,000,000, to re23 main available until September 30, 2005: Provided, That

24 the entire amount is designated by the Congress as an

25 emergency requirement pursuant to section 502 of H.
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1 Con. Res. 95 (108th Congress), the concurrent resolution

2 on the budget for fiscal year 2004.

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

4 AIR FORCE

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Air Force’’, $39,070,000, to

7 remain available until September 30, 2005: Provided,

8 That the entire amount is designated by the Congress as

9 an emergency requirement pursuant to section 502 of H.

10 Con. Res. 95 (108th Congress), the concurrent resolution

11 on the budget for fiscal year 2004.

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

13 DEFENSE-WIDE

14 For an additional amount for ‘‘Research, Develop15 ment, Test and Evaluation, Defense-Wide’’,

16 $195,817,000, to remain available until September 30,

17 2005: Provided, That the entire amount is designated by

18 the Congress as an emergency requirement pursuant to

19 section 502 of H. Con. Res. 95 (108th Congress), the con20 current resolution on the budget for fiscal year 2004.

21 REVOLVING AND MANAGEMENT FUNDS

22 DEFENSE WORKING CAPITAL FUNDS

23 For an additional amount for ‘‘Defense Working

24 Capital Funds’’, $600,000,000: Provided, That the entire

25 amount is designated by the Congress as an emergency
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1 requirement pursuant to section 502 of H. Con. Res. 95

2 (108th Congress), the concurrent resolution on the budget

3 for fiscal year 2004.

4 NATIONAL DEFENSE SEALIFT FUND

5 For an additional amount for ‘‘National Defense Sea6 lift Fund’’, $24,000,000, to remain available until ex7 pended: Provided, That the entire amount is designated

8 by the Congress as an emergency requirement pursuant

9 to section 502 of H. Con. Res. 95 (108th Congress), the

10 concurrent resolution on the budget for fiscal year 2004.

11 OTHER DEPARTMENT OF DEFENSE PROGRAMS

12 DEFENSE HEALTH PROGRAM

13 For an additional amount for ‘‘Defense Health Pro14 gram’’, $658,380,000 for Operation and maintenance:

15 Provided, That the entire amount is designated by the

16 Congress as an emergency requirement pursuant to sec17 tion 502 of H. Con. Res. 95 (108th Congress), the concur18 rent resolution on the budget for fiscal year 2004.

19 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

20 DEFENSE

21 (INCLUDING TRANSFER OF FUNDS)

22 For an additional amount for ‘‘Drug Interdiction and

23 Counter-Drug Activities, Defense’’, $73,000,000: Pro24 vided, That these funds may be used for such activities

25 related to Afghanistan: Provided further, That the Sec-
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1 retary of Defense may transfer the funds provided herein

2 only to appropriations for military personnel; operation

3 and maintenance; procurement; and research, develop4 ment, test and evaluation: Provided further, That the

5 funds transferred shall be merged with and be available

6 for the same purposes and for the same time period, as

7 the appropriation to which transferred: Provided further,

8 That the transfer authority provided in this paragraph is

9 in addition to any other transfer authority available to the

10 Department of Defense: Provided further, That the entire

11 amount is designated by the Congress as an emergency

12 requirement pursuant to section 502 of H. Con. Res. 95

13 (108th Congress), the concurrent resolution on the budget

14 for fiscal year 2004.

15 RELATED AGENCIES

16 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for ‘‘Intelligence Commu19 nity Management Account’’, $21,500,000, to remain avail20 able until September 30, 2005; of which $3,000,000 may

21 be transferred to and merged with the Department of En22 ergy, ‘‘Other Defense Activities’’, and $15,500,000 may

23 be transferred to and merged with the Federal Bureau of

24 Investigation, ‘‘Salaries and Expenses’’: Provided, That all

25 such amounts are designated by the Congress as an emer-
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1 gency requirement pursuant to section 502 of H. Con.

2 Res. 95 (108th Congress), the concurrent resolution on

3 the budget for fiscal year 2004.

4 GENERAL PROVISIONS—THIS CHAPTER

5 (TRANSFER OF FUNDS)

6 SEC. 1101. Upon his determination that such action

7 is necessary in the national interest, the Secretary of De8 fense may transfer between appropriations up to

9 $3,000,000,000 of the funds made available to the De10 partment of Defense in this chapter: Provided, That the

11 Secretary shall notify the Congress promptly of each

12 transfer made pursuant to this authority: Provided further,

13 That the transfer authority provided in this section is in

14 addition to any other transfer authority available to the

15 Department of Defense: Provided further, That the au16 thority in this section is subject to the same terms and

17 conditions as the authority provided in section 8005 of the

18 Department of Defense Appropriations Act, 2004, except

19 for the fourth proviso: Provided further, That the entire

20 amount is designated by the Congress as an emergency

21 requirement pursuant to section 502 of H. Con. Res. 95

22 (108th Congress), the concurrent resolution on the budget

23 for fiscal year 2004.

24 SEC. 1102. Funds appropriated in this Act, or made

25 available by the transfer of funds in or pursuant to this
16

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1 Act, for intelligence activities are deemed to be specifically

2 authorized by the Congress for purposes of section 504

3 of the National Security Act of 1947 (50 U.S.C. 414).

4 SEC. 1103. Sections 1318 and 1319 of the Emer5 gency Wartime Supplemental Appropriations Act, 2003

6 (Public Law 108–11; 117 Stat. 571), shall remain in ef7 fect during fiscal year 2004.

8 SEC. 1104. From October 1, 2003, through Sep9 tember 30, 2004, (a) the rates of pay authorized by sec10 tion 310(a) of title 37, United States Code, shall be $225;

11 and (b) the rates of pay authorized by section 427(a)(1)

12 of title 37, United States Code, shall be $250.

13 SEC. 1105. DEFENSE EMERGENCY RESPONSE FUND

14 CLOSE-OUT AUTHORITY.—(a) Section 1313 of the Emer15 gency Wartime Supplemental Appropriations Act, 2003

16 (Public Law 108–11; 117 Stat. 569), is amended by in17 serting ‘‘unobligated’’ before ‘‘balances’’.

18 (b) Effective November 1, 2003, adjustments to obli19 gations that before such date would have been properly

20 chargeable to the Defense Emergency Response Fund

21 shall be charged to any current appropriations account of

22 the Department of Defense available for the same purpose.

23 SEC. 1106. During the current year, funds made

24 available in this Act to the Department of Defense for op25 eration and maintenance may be used, notwithstanding
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1 any other provision of law, to provide supplies, services,

2 transportation, including airlift and sealift, and other

3 logistical support to coalition forces supporting military

4 and stability operations in Iraq: Provided, That the Sec5 retary of Defense shall provide quarterly reports to the

6 congressional defense committees regarding support pro7 vided under this section.

8 SEC. 1107. Notwithstanding any other provision of

9 law, from funds made available in this Act to the Depart10 ment of Defense under ‘‘Operation and Maintenance, De11 fense-Wide’’, not to exceed $100,000,000 may be used by

12 the Secretary of Defense, with the concurrence of the Sec13 retary of State, to provide assistance only to the New Iraqi

14 Army and the Afghan National Army to enhance their ca15 pability to combat terrorism and to support U.S. military

16 operations in Iraq and Afghanistan: Provided, That such

17 assistance may include the provision of equipment, sup18 plies, services, training and funding: Provided further,

19 That the authority to provide assistance under this section

20 is in addition to any other authority to provide assistance

21 to foreign nations: Provided further, That the Secretary

22 of Defense shall notify the congressional defense commit23 tees not less than 15 days before providing assistance

24 under the authority of this section.
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1 SEC. 1108. None of the funds provided in this chap2 ter may be used to finance programs or activities denied

3 by Congress in fiscal year 2004 appropriations to the De4 partment of Defense or to initiate a procurement or re5 search, development, test and evaluation new start pro6 gram without prior notification to the congressional de7 fense committees.

8 SEC. 1109. In addition to amounts made available

9 elsewhere in this Act, there is hereby appropriated to the

10 Department of Defense $413,300,000, to be used only for

11 recovery and repair of damage due to natural disasters

12 including Hurricane Isabel, to be distributed as follows:

13 ‘‘Operation and Maintenance, Army’’,

14 $73,600,000;

15 ‘‘Operation and Maintenance, Navy’’,

16 $126,400,000;

17 ‘‘Operation and Maintenance, Marine Corps’’,

18 $9,200,000;

19 ‘‘Operation and Maintenance, Air Force’’,

20 $201,900,000; and

21 ‘‘Other Procurement, Air Force’’, $2,200,000:

22 Provided, That the entire amount is designated by the

23 Congress as an emergency requirement pursuant to sec24 tion 502 of H. Con. Res. 95 (108th Congress), the concur25 rent resolution on the budget for fiscal year 2004.
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1 SEC. 1110. During the current fiscal year, from

2 funds made available in this Act to the Department of De3 fense for operation and maintenance, not to exceed

4 $180,000,000 may be used, notwithstanding any other

5 provision of law, to fund the Commander’s Emergency Re6 sponse Program, established by the Administrator of the

7 Coalition Provisional Authority for the purpose of enabling

8 military commanders in Iraq to respond to urgent humani9 tarian relief and reconstruction requirements within their

10 areas of responsibility by carrying out programs that will

11 immediately assist the Iraqi people, and to establish and

12 fund a similar program to assist the people of Afghani13 stan: Provided, That the Secretary of Defense shall pro14 vide quarterly reports, beginning on January 15, 2004,

15 to the congressional defense committees regarding the

16 source of funds and the allocation and use of funds made

17 available pursuant to the authority provided in this sec18 tion.

19 SEC. 1111. Not later than 30 days after the date of

20 the enactment of this Act, the Secretary of Defense shall

21 submit to the congressional defense committees a report

22 describing an Analysis of Alternatives for replacing the ca23 pabilities of the existing Air Force fleet of KC–135 tanker

24 aircraft.
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1 ENHANCEMENTS TO EXEMPTION FOR MEMBERS WITH

2 COMBAT-RELATED INJURIES FROM REQUIREMENT

3 FOR PAYMENT OF SUBSISTENCE CHARGES WHILE

4 HOSPITALIZED

5 SEC. 1112. (a) EXEMPTION MADE PERMANENT.—

6 Subsection (c) of section 1075 of title 10, United States

7 Code (as added by section 8146(a)(2) of the Department

8 of Defense Appropriations Act, 2004 (Public Law 108–

9 87)), is repealed.

10 (b) RETROACTIVITY.—Subsection (b) of section 8146

11 of the Department of Defense Appropriations Act, 2004

12 (Public Law 108–87), is amended to read as follows:

13 ‘‘(b) EFFECTIVE DATE.—(1) Subsection (b)(2) of

14 section 1075 of title 10, United States Code, as added by

15 subsection (a), shall apply with respect to any period of

16 hospitalization on or after September 11, 2001, because

17 of an injury covered by that subsection that is incurred

18 on or after that date.

19 ‘‘(2) The Secretary concerned (as defined in section

20 101 of title 37, United States Code) shall take such action

21 as necessary to implement paragraph (1), including—

22 ‘‘(A) refunding any amount previously paid

23 under section 1075 of title 10, United States Code,

24 by a person who, by reason of paragraph (1), is not

25 required to make such payment; and
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1 ‘‘(B) waiving recovery of any unpaid amount

2 for which a person has previously been charged

3 under that section and which that person, by reason

4 of paragraph (1), is not required to pay.’’.

5 CHAPTER 2

6 DEPARTMENT OF HOMELAND SECURITY

7 UNITED STATES COAST GUARD

8 OPERATING EXPENSES

9 For an additional amount for ‘‘Operating Expenses’’,

10 $23,183,000, for costs related to Hurricane Isabel dam11 age: Provided, That the entire amount is designated by

12 the Congress as an emergency requirement pursuant to

13 section 502 of H. Con. Res. 95 (108th Congress), the con14 current resolution on the budget for fiscal year 2004.

15 CHAPTER 3

16 DEPARTMENT OF DEFENSE

17 MILITARY CONSTRUCTION

18 MILITARY CONSTRUCTION, ARMY

19 For an additional amount for ‘‘Military Construction,

20 Army’’, $185,100,000, to remain available until Sep21 tember 30, 2008: Provided, That notwithstanding any

22 other provision of law, such funds may be obligated or ex23 pended to carry out planning and design and military con24 struction projects not otherwise authorized by law: Pro25 vided further, That the entire amount is designated by the
22

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1 Congress as an emergency requirement pursuant to sec2 tion 502 of H. Con. Res. 95 (108th Congress), the concur3 rent resolution on the budget for fiscal year 2004.

4 MILITARY CONSTRUCTION, NAVY

5 For an additional amount for ‘‘Military Construction,

6 Navy’’, $45,530,000, to remain available until September

7 30, 2008: Provided, That notwithstanding any other provi8 sion of law, such funds may be obligated or expended to

9 carry out military construction projects not otherwise au10 thorized by law: Provided further, That the entire amount

11 is designated by the Congress as an emergency require12 ment pursuant to section 502 of H. Con. Res. 95 (108th

13 Congress), the concurrent resolution on the budget for fis14 cal year 2004.

15 MILITARY CONSTRUCTION, AIR FORCE

16 For an additional amount for ‘‘Military Construction,

17 Air Force’’, $292,550,000, to remain available until Sep18 tember 30, 2008: Provided, That notwithstanding any

19 other provision of law, such funds may be obligated or ex20 pended to carry out planning and design and military con21 struction projects not otherwise authorized by law: Pro22 vided further, That the entire amount is designated by the

23 Congress as an emergency requirement pursuant to sec24 tion 502 of H. Con. Res. 95 (108th Congress), the concur25 rent resolution on the budget for fiscal year 2004.
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1 FAMILY HOUSING OPERATION AND MAINTENANCE,

2 ARMY

3 For an additional amount for ‘‘Family Housing Oper4 ation and Maintenance, Army’’, $8,151,000: Provided,

5 That the entire amount is designated by the Congress as

6 an emergency requirement pursuant to section 502 of H.

7 Con. Res. 95 (108th Congress), the concurrent resolution

8 on the budget for fiscal year 2004.

9 FAMILY HOUSING OPERATION AND MAINTENANCE,

10 NAVY AND MARINE CORPS

11 For an additional amount for ‘‘Family Housing Oper12 ation and Maintenance, Navy and Marine Corps’’,

13 $6,280,000: Provided, That the entire amount is des14 ignated by the Congress as an emergency requirement

15 pursuant to section 502 of H. Con. Res. 95 (108th Con16 gress), the concurrent resolution on the budget for fiscal

17 year 2004.

18 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

19 FORCE

20 For an additional amount for ‘‘Family Housing Oper21 ation and Maintenance, Air Force’’, $6,981,000: Provided,

22 That the entire amount is designated by the Congress as

23 an emergency requirement pursuant to section 502 of H.

24 Con. Res. 95 (108th Congress), the concurrent resolution

25 on the budget for fiscal year 2004.
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1 GENERAL PROVISION—THIS CHAPTER

2 SEC. 1301. (a) TEMPORARY AUTHORITY TO USE OP3 ERATION AND MAINTENANCE FUNDS FOR MILITARY CON4 STRUCTION PROJECTS.—During fiscal year 2004, the Sec5 retary of Defense may use this section as authority to obli6 gate appropriated funds available for operation and main7 tenance to carry out a construction project outside the

8 United States that the Secretary determines meets each

9 of the following conditions:

10 (1) The construction is necessary to meet ur11 gent military operational requirements of a tem12 porary nature involving the use of the Armed Forces

13 in support of Operation Iraqi Freedom or the Global

14 War on Terrorism.

15 (2) The construction is not carried out at a

16 military installation where the United States is rea17 sonably expected to have a long-term presence.

18 (3) The United States has no intention of using

19 the construction after the operational requirements

20 have been satisfied.

21 (4) The level of construction is the minimum

22 necessary to meet the temporary operational require23 ments.

24 (b) LIMITATION ON USE OF AUTHORITY.—The total

25 cost of the construction projects carried out under the au-
25

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1 thority of this section using, in whole or in part, appro2 priated funds available for operation and maintenance

3 shall not exceed $500,000,000 in fiscal year 2004.

4 (c) QUARTERLY REPORT.—(1) Not later than 30

5 days after the end of each fiscal-year quarter of fiscal year

6 2004, the Secretary of Defense shall submit to the con7 gressional committees specified in subsection (e) a report

8 on the worldwide obligation and expenditure during that

9 quarter of appropriated funds available for operation and

10 maintenance for construction projects.

11 (2) The report shall include with regard to each

12 project the following:

13 (A) Certification that the conditions specified in

14 subsection (a) are satisfied with regard to the con15 struction project.

16 (B) A description of the purpose for which ap17 propriated funds available for operation and mainte18 nance are being obligated.

19 (C) Relevant documentation detailing the con20 struction project.

21 (D) An estimate of the total cost of the con22 struction project.

23 (E) The total amount obligated for the con24 struction project as of the date of the submission of

25 the report.
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1 (d) RELATION TO OTHER AUTHORITIES.—The tem2 porary authority provided by this section, and the limited

3 authority provided by section 2805(c) of title 10, United

4 States Code, to use appropriated funds available for oper5 ation and maintenance to carry out a construction project

6 are the only authorities available to the Secretary of De7 fense and the Secretaries of the military departments to

8 use appropriated funds available for operation and mainte9 nance to carry out construction projects.

10 (e) CONGRESSIONAL COMMITTEES.—The congres11 sional committees referred to in this section are the fol12 lowing:

13 (1) The Committee on Armed Services and the

14 Subcommittees on Defense and Military Construc15 tion of the Committee on Appropriations of the Sen16 ate.

17 (2) The Committee on Armed Services and the

18 Subcommittees on Defense and Military Construc19 tion of the Committee on Appropriations of the

20 House of Representatives.
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•HR 3289 EH

1 TITLE II—IRAQ AND AFGHANISTAN RECON2 STRUCTION AND INTERNATIONAL ASSIST3 ANCE

4 CHAPTER 1

5 DEPARTMENT OF JUSTICE

6 LEGAL ACTIVITIES

7 GENERAL LEGAL ACTIVITIES

8 For necessary expenses for ‘‘Salaries and Expenses,

9 General Legal Activities’’, $15,000,000: Provided, That

10 the entire amount is designated by the Congress as an

11 emergency requirement pursuant to section 502 of H.

12 Con. Res. 95 (108th Congress), the concurrent resolution

13 on the budget for fiscal year 2004.

14 DEPARTMENT OF STATE AND RELATED AGENCY

15 DEPARTMENT OF STATE

16 ADMINISTRATION OF FOREIGN AFFAIRS

17 DIPLOMATIC AND CONSULAR PROGRAMS

18 (INCLUDING RESCISSION)

19 For necessary expenses for ‘‘Diplomatic and Consular

20 Programs’’, $156,300,000, of which $35,800,000 shall re21 main available until expended. Of the funds appropriated

22 under this heading in the Emergency Wartime Supple23 mental Appropriations Act, 2003, $35,800,000 are re24 scinded. All such amounts are designated by the Congress

25 as an emergency requirement pursuant to section 502 of
28

•HR 3289 EH

1 H. Con. Res. 95 (108th Congress), the concurrent resolu2 tion on the budget for fiscal year 2004.

3 EMBASSY SECURITY, CONSTRUCTION, AND

4 MAINTENANCE

5 For necessary expenses for ‘‘Embassy Security, Con6 struction, and Maintenance’’, $43,900,000, to remain

7 available until expended: Provided, That the entire amount

8 is designated by the Congress as an emergency require9 ment pursuant to section 502 of H. Con. Res. 95 (108th

10 Congress), the concurrent resolution on the budget for fis11 cal year 2004.

12 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

13 SERVICE

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses for ‘‘Emergencies in the Dip16 lomatic and Consular Service’’, $50,000,000, to remain

17 available until expended, which may be transferred to, and

18 merged with, the appropriations for ‘‘Diplomatic and Con19 sular Programs’’: Provided, That the entire amount is des20 ignated by the Congress as an emergency requirement

21 pursuant to section 502 of H. Con. Res. 95 (108th Con22 gress), the concurrent resolution on the budget for fiscal

23 year 2004.
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•HR 3289 EH

1 INTERNATIONAL ORGANIZATIONS

2 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

3 ACTIVITIES

4 For necessary expenses for ‘‘Contributions for Inter5 national Peacekeeping Activities’’, $245,000,000, to re6 main available until expended: Provided, That the entire

7 amount is designated by the Congress as an emergency

8 requirement pursuant to section 502 of H. Con. Res. 95

9 (108th Congress), the concurrent resolution on the budget

10 for fiscal year 2004.

11 RELATED AGENCY

12 BROADCASTING BOARD OF GOVERNORS

13 INTERNATIONAL BROADCASTING OPERATIONS

14 For necessary expenses for ‘‘International Broad15 casting Operations’’, for activities related to the Middle

16 East Television Network broadcasting to Iraq,

17 $40,000,000: Provided, That the entire amount is des18 ignated by the Congress as an emergency requirement

19 pursuant to section 502 of H. Con. Res. 95 (108th Con20 gress), the concurrent resolution on the budget for fiscal

21 year 2004.

22 GENERAL PROVISION—THIS CHAPTER

23 SEC. 2101. Funds appropriated under this chapter

24 for the Broadcasting Board of Governors and the Depart25 ment of State may be obligated and expended notwith-
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•HR 3289 EH

1 standing section 313 of the Foreign Relations Authoriza2 tion Act, Fiscal Years 1994 and 1995, and section 15 of

3 the State Department Basic Authorities Act of 1956, as

4 amended.

5 CHAPTER 2

6 BILATERAL ECONOMIC ASSISTANCE

7 FUNDS APPROPRIATED TO THE PRESIDENT

8 UNITED STATES AGENCY FOR INTERNATIONAL

9 DEVELOPMENT

10 OPERATING EXPENSES OF THE UNITED STATES AGENCY

11 FOR INTERNATIONAL DEVELOPMENT

12 For necessary expenses for ‘‘Operating Expenses of

13 the United States Agency for International Development’’,

14 $40,000,000, for direct support of operations in Afghani15 stan, to remain available until September 30, 2005: Pro16 vided, That the entire amount is designated by the Con17 gress as an emergency requirement pursuant to section

18 502 of H. Con. Res. 95 (108th Congress), the concurrent

19 resolution on the budget for fiscal year 2004.

20 OTHER BILATERAL ECONOMIC ASSISTANCE

21 IRAQ RELIEF AND RECONSTRUCTION FUND

22 (INCLUDING TRANSFERS OF FUNDS)

23 For necessary expenses to carry out the purposes of

24 the Foreign Assistance Act of 1961, for security, relief,

25 rehabilitation and reconstruction in Iraq,
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•HR 3289 EH

1 $18,649,000,000, to remain available until September 30,

2 2005, to be allocated as follows: $3,243,000,000 for secu3 rity and law enforcement; $1,318,000,000 for justice, pub4 lic safety infrastructure, and civil society; $5,560,000,000

5 for the electric sector; $2,100,000,000 for oil infrastruc6 ture; $4,332,000,000 for water resources and sanitation;

7 $500,000,000 for transportation and telecommunications;

8 $370,000,000 for roads, bridges, and construction;

9 $793,000,000 for health care; $153,000,000 for private

10 sector development; and $280,000,000 for education, refu11 gees, human rights, democracy, and governance: Provided,

12 That the President may reallocate up to 10 percent of any

13 of the preceding allocations, except that the total for the

14 allocation receiving such funds may not be increased by

15 more than 20 percent: Provided further, That such re16 allocations shall be subject to the regular notification pro17 cedures of the Committees on Appropriations and section

18 634A of the Foreign Assistance Act of 1961 and notifica19 tions shall be transmitted at least 15 days in advance of

20 the obligation of funds: Provided further, That an annual

21 spending plan for reconstruction programs under the pre22 ceding allocations, including project-by-project detail, shall

23 be submitted by the President to the Committees on Ap24 propriations not later than January 1, 2004, and shall be

25 updated and submitted every 180 days thereafter: Pro-
32

•HR 3289 EH

1 vided further, That funds appropriated under this heading

2 shall be apportioned only to the Coalition Provisional Au3 thority in Iraq, the Department of State, the Department

4 of Health and Human Services, the Department of Treas5 ury, the Department of Defense, and the United States

6 Agency for International Development: Provided further,

7 That upon a determination that all or part of the funds

8 so transferred from this appropriation are not necessary

9 for the purposes provided herein, such amounts may be

10 transferred back to this appropriation: Provided further,

11 That of the amount appropriated in this paragraph, not

12 less than $35,000,000 shall be made available for adminis13 trative expenses of the Department of State Bureau of

14 International Narcotics and Law Enforcement Affairs and

15 the United States Agency for International Development

16 for support of the reconstruction activities in Iraq: Pro17 vided further, That up to 1 percent of the amount appro18 priated in this paragraph may be transferred to ‘‘Oper19 ating Expenses of the Coalition Provisional Authority’’,

20 and that any such transfer shall be in accordance with

21 the regular notification procedures of the Committees on

22 Appropriations and section 634A of the Foreign Assist23 ance Act of 1961: Provided further, That contributions of

24 funds for the purposes provided herein from any person,

25 foreign government, or international organization, may be
33

•HR 3289 EH

1 credited to this Fund and used for such purposes: Pro2 vided further, That the Committees on Appropriations

3 shall be notified quarterly of any collections pursuant to

4 the previous proviso: Provided further, That the Coalition

5 Provisional Authority shall work, in conjunction with rel6 evant Iraqi officials, to ensure that a new Iraqi constitu7 tion preserves full rights to religious freedom: Provided

8 further, That, notwithstanding any other provision of law,

9 10 percent of the total amount of funds apportioned to

10 the United States Agency for International Development

11 under this heading that are made available on a sub12 contract basis shall be reserved for contracts with small

13 business concerns, including small business concerns

14 owned and controlled by veterans, small business concerns

15 owned and controlled by service-disabled veterans,

16 HUBZone small business concerns, small business con17 cerns owned and controlled by socially and economically

18 disadvantaged individuals, and small business concerns

19 owned and controlled by women (as such terms are defined

20 for purposes of the Small Business Act): Provided further,

21 That the entire amount is designated by the Congress as

22 an emergency requirement pursuant to section 502 of H.

23 Con. Res. 95 (108th Congress), the concurrent resolution

24 on the budget for fiscal year 2004.
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•HR 3289 EH

1 OPERATING EXPENSES OF THE COALITION PROVISIONAL

2 AUTHORITY

3 For necessary expenses of the Coalition Provisional

4 Authority in Iraq, established pursuant to United Nations

5 Security Council resolutions including Resolution 1483,

6 for personnel costs, transportation, supply, equipment, fa7 cilities, communications, logistics requirements, studies,

8 physical security, media support, promulgation and en9 forcement of regulations, and other activities needed to

10 oversee and manage the relief and reconstruction of Iraq

11 and the transition to democracy, $858,000,000, to remain

12 available until September 30, 2005: Provided, That the en13 tire amount is designated by the Congress as an emer14 gency requirement pursuant to section 502 of H. Con.

15 Res. 95 (108th Congress), the concurrent resolution on

16 the budget for fiscal year 2004.

17 ECONOMIC SUPPORT FUND

18 For necessary expenses for ‘‘Economic Support

19 Fund’’, $872,000,000, to remain available until December

20 31, 2004: Provided, That not less than $672,000,000 is

21 available only for accelerated assistance for Afghanistan:

22 Provided further, That not to exceed $30,000,000 may be

23 used for activities related to disarmament, demobilization,

24 and reintegration of militia combatants, including reg25 istration of such combatants, notwithstanding section
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•HR 3289 EH

1 531(e) of the Foreign Assistance Act of 1961: Provided

2 further, That not to exceed $2,000,000 may be used to

3 provide additional policy experts in Afghan ministries and

4 that not more than five senior advisors to the United

5 States Ambassador may be deployed in Afghanistan: Pro6 vided further, That $60,000,000 shall be available for as7 sistance to Afghan women and girls as authorized by sec8 tion 103(a)(7) of the Afghanistan Freedom Support Act

9 of 2002 (Public Law 107–327) and $5,000,000 shall be

10 available for the National Human Rights Commission of

11 Afghanistan as authorized by section 103(a)(7)(B)(ii) of

12 such Act: Provided further, That not less than

13 $17,250,000 is available only for security requirements

14 that directly support United States and Coalition per15 sonnel who are implementing assistance programs in Af16 ghanistan, including the provision of adequate dedicated

17 air transport and support for civilian personnel at provin18 cial reconstruction team sites: Provided further, That upon

19 the receipt by the Speaker of the House of Representatives

20 and the President of the Senate of a determination by the

21 President that the Government of Pakistan is fully cooper22 ating with the United States in the global war on ter23 rorism, not to exceed $200,000,000 appropriated under

24 this heading may be used for the costs, as defined in sec25 tion 502 of the Congressional Budget Act of 1974, of
36

•HR 3289 EH

1 modifying direct loans and guarantees for Pakistan: Pro2 vided further, That amounts that are made available under

3 the previous proviso for the cost of modifying direct loans

4 and guarantees shall not be considered ‘‘assistance’’ for

5 the purposes of provisions of law limiting assistance to a

6 country: Provided further, That the entire amount is des7 ignated by the Congress as an emergency requirement

8 pursuant to section 502 of H. Con. Res. 95 (108th Con9 gress), the concurrent resolution on the budget for fiscal

10 year 2004.

11 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

12 (INCLUDING TRANSFERS OF FUNDS)

13 For necessary expenses for International Disaster

14 and Famine Assistance utilizing the general authorities of

15 section 491 of the Foreign Assistance Act of 1961, to re16 spond to or prevent unforeseen complex foreign crises, es17 pecially in Sudan and Liberia, $100,000,000, and by

18 transfer not to exceed 1 percent of the funds appropriated

19 under any other heading in this chapter, to remain avail20 able to the Secretary of State until September 30, 2005:

21 Provided, That funds appropriated under this heading

22 may be made available only pursuant to a determination

23 by the President, after consultation with the appropriate

24 congressional committees, that it is in the national interest

25 and essential to efforts to reduce international terrorism
37

•HR 3289 EH

1 to furnish assistance on such terms and conditions as he

2 may determine for such purposes, including support for

3 peace and humanitarian intervention operations: Provided

4 further, That none of these funds shall be available to re5 spond to natural disasters: Provided further, That funds

6 made available under this heading to respond to or prevent

7 unforeseen complex foreign crises shall be subject to the

8 regular notification procedures of the Committees on Ap9 propriations: Provided further, That the entire amount is

10 designated by the Congress as an emergency requirement

11 pursuant to section 502 of H. Con. Res. 95 (108th Con12 gress), the concurrent resolution on the budget for fiscal

13 year 2004.

14 DEPARTMENT OF STATE

15 INTERNATIONAL NARCOTICS CONTROL AND LAW

16 ENFORCEMENT

17 For necessary expenses for ‘‘International Narcotics

18 Control and Law Enforcement’’, $170,000,000, to remain

19 available until December 31, 2004, for accelerated assist20 ance for Afghanistan: Provided, That the entire amount

21 is designated by the Congress as an emergency require22 ment pursuant to section 502 of H. Con. Res. 95 (108th

23 Congress), the concurrent resolution on the budget for fis24 cal year 2004.
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•HR 3289 EH

1 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

2 RELATED PROGRAMS

3 For necessary expenses for ‘‘Nonproliferation, Anti4 Terrorism, Demining and Related Programs’’,

5 $35,000,000, for accelerated assistance for Afghanistan:

6 Provided, That the entire amount is designated by the

7 Congress as an emergency requirement pursuant to sec8 tion 502 of H. Con. Res. 95 (108th Congress), the concur9 rent resolution on the budget for fiscal year 2004.

10 MILITARY ASSISTANCE

11 FUNDS APPROPRIATED TO THE PRESIDENT

12 FOREIGN MILITARY FINANCING PROGRAM

13 For necessary expenses for the ‘‘Foreign Military Fi14 nancing Program’’, $297,000,000, for accelerated assist15 ance for Afghanistan: Provided, That the entire amount

16 is designated by the Congress as an emergency require17 ment pursuant to section 502 of H. Con. Res. 95 (108th

18 Congress), the concurrent resolution on the budget for fis19 cal year 2004.

20 PEACEKEEPING OPERATIONS

21 For necessary expenses for ‘‘Peacekeeping Oper22 ations’’, $50,000,000, to support the global war on ter23 rorism: Provided, That the entire amount is designated by

24 the Congress as an emergency requirement pursuant to
39

•HR 3289 EH

1 section 502 of H. Con. Res. 95 (108th Congress), the con2 current resolution on the budget for fiscal year 2004.

3 GENERAL PROVISIONS—THIS CHAPTER

4 SEC. 2201. None of the funds appropriated by this

5 Act or any unexpended funds provided in Public Law 108–

6 11 may be used to repay, in whole or in part, principal

7 or interest on any loan or guarantee agreement entered

8 into by the Government of Iraq with any private or public

9 sector entity including with the government of any country

10 (including any agency of such government or any entity

11 owned in whole or in part by the government of such coun12 try) or with any international financial institution, prior

13 to May 1, 2003: Provided, That for the purpose of this

14 section, the term ‘‘international financial institution’’ shall

15 mean those institutions contained in section 530(b) of di16 vision E of Public Law 108–7.

17 SEC. 2202. Notwithstanding any other provision of

18 law, none of the funds appropriated by this Act under the

19 heading ‘‘Iraq Relief and Reconstruction Fund’’ and made

20 available under the same heading in Public Law 108–11

21 may be used to enter into any Federal contract (including

22 any follow-on contract) unless—

23 (1) the contract is entered into in accordance

24 with title III of the Federal Property and Adminis25 trative Services Act (41 U.S.C. 251 et seq.); and
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•HR 3289 EH

1 (2) in any case in which procedures other than

2 competitive procedures are to be used to enter into

3 such a contract—

4 (A) if such procedures are to be used by

5 reason of the application of a paragraph under

6 section 303(c) of such Act (41 U.S.C. 253(c)),

7 the head of the executive agency entering into

8 the contract shall submit to the committees de9 scribed in subsection (b), not later than 7 cal10 endar days before award of the contract—

11 (i) notification of the use of such

12 other procedures; and

13 (ii) the justification for such use, in14 cluding the amount of the contract and a

15 brief description of its scope, a discussion

16 of how the executive agency identified and

17 solicited offers from contractors, a list of

18 the contractors solicited, and the justifica19 tion and approval documents (as required

20 under section 303(f)(1) of the Federal

21 Property and Administrative Services Act

22 of 1949 (41 U.S.C. 2534(f)(1)) on which

23 was based the determination to use proce24 dures other than competitive procedures.
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•HR 3289 EH

1 (b) COMMITTEES.—The committees referred to in

2 subsection (a)(2) are—

3 (1) the Committees on Government Reform, on

4 International Relations, and on Appropriations of

5 the House of Representatives; and

6 (2) the Committees on Governmental Affairs,

7 on Foreign Relations, and on Appropriations of the

8 Senate.

9 (c) APPLICABILITY.—This section shall not apply to

10 contracts entered into before the date of the enactment

11 of this Act or after September 30, 2010.

12 SEC. 2203. PUBLIC DISCLOSURE OF NONCOMPETITIVE CON13 TRACTING FOR THE RECONSTRUCTION OF

14 INFRASTRUCTURE IN IRAQ.

15 (a) DISCLOSURE REQUIRED.—

16 (1) PUBLICATION AND PUBLIC AVAILABILITY.—

17 The head of an executive agency of the United

18 States that enters into a contract for assistance for

19 Iraq, using funds described in paragraph (3),

20 through the use of procedures other than competitive

21 procedures shall publish in the Federal Register or

22 Commerce Business Daily and otherwise make avail23 able to the public, not later than 7 days before the

24 date on which the contract is entered into, except in

25 the case of urgent and compelling contracts issued
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•HR 3289 EH

1 pursuant to paragraph (2) of section 303(c) of the

2 Federal Property and Administrative Services Act of

3 1949 (41 U.S.C. 253(c)(2)), the following informa4 tion:

5 (A) The amount of the contract.

6 (B) A brief description of the scope of the

7 contract.

8 (C) A discussion of how the executive

9 agency identified, and solicited offers from, po10 tential contractors to perform the contract, to11 gether with a list of the potential contractors

12 that were issued solicitations for the offers.

13 (D) The justification and approval docu14 ments (as required under section 303(f)(1) of

15 the Federal Property and Administrative Serv16 ices Act of 1949 (41 U.S.C. 253(f)(1)) on

17 which was based the determination to use pro18 cedures other than competitive procedures.

19 (2) FUNDS.—The funds referred to in para20 graph (1) are—

21 (A) any funds available to carry out sec22 tions 103 through 106 and chapter 4 of part II

23 of the Foreign Assistance Act of 1961 (22

24 U.S.C. 2151b–2151d; 2346 et seq.); and
43

•HR 3289 EH

1 (B) any funds appropriated by Public Law

2 108–11 under the heading ‘‘Iraq Relief and Re3 construction Fund’’ (in chapter 5 of title I; 117

4 Stat. 573).

5 (3) APPLICABILITY.—Paragraph (1) shall not

6 apply to contracts entered into before the date of the

7 enactment of this Act or after September 30, 2010.

8 (b) CLASSIFIED INFORMATION.—

9 (1) AUTHORITY TO WITHHOLD.—The head of

10 an executive agency may—

11 (A) withhold from publication and disclo12 sure under subsection (a) any document that is

13 classified for restricted access in accordance

14 with a Executive order in the interest of na15 tional defense or foreign policy; and

16 (B) redact any part so classified that is in

17 a document not so classified before publication

18 and disclosure of the document under sub19 section (a).

20 (2) AVAILABILITY TO CONGRESS.—In any case

21 in which the head of an executive agency withholds

22 information under paragraph (1), the head of such

23 executive agency shall make available an unredacted

24 version of the document containing that information
44

•HR 3289 EH

1 to the chairman and ranking member of each of the

2 following committees of Congress:

3 (A) The Committee on Governmental Af4 fairs of the Senate and the Committee on Gov5 ernment Reform of the House of Representa6 tives.

7 (B) The Committees on Appropriations of

8 the Senate and House of Representatives.

9 (C) Each committee that the head of the

10 executive agency determines has legislative ju11 risdiction for the operations of such department

12 or agency to which the information related.

13 (c) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—

14 Nothing in this section shall be construed as affecting obli15 gations to disclose United States Government information

16 under any other provision of law.

17 (d) DEFINITIONS.—In this section, the terms ‘‘com18 petitive procedures’’ and ‘‘executive agency’’ have the

19 meanings given such terms in section 4 of the Office of

20 Federal Procurement Policy Act (41 U.S.C. 403).

21 SEC. 2204. Section 1503 of Public Law 108–11 is

22 amended—

23 (1) by striking ‘‘equipment’’ and inserting in

24 lieu thereof ‘‘equipment, including equipment’’; and
45

•HR 3289 EH

1 (2) by striking ‘‘2004’’ and inserting in lieu

2 thereof ‘‘2005’’.

3 SEC. 2205. Section 1504 of Public Law 108–11 is

4 amended by striking ‘‘controlled’’ and inserting ‘‘or small

5 arms controlled’’.

6 SEC. 2206. Section 202(b) of the Afghanistan Free7 dom Support Act of 2002 (Public Law 107–327) is

8 amended by striking ‘‘$300,000,000’’ and inserting in lieu

9 thereof ‘‘$450,000,000’’.

10 SEC. 2207. (a) Until January 2005, the Coalition

11 Provisional Authority (CPA) shall, on a monthly basis,

12 submit a report to the Committees on Appropriations and

13 International Relations of the House of Representatives

14 and the Committees on Appropriations and Foreign Rela15 tions of the Senate that details, for the preceding month,

16 Iraqi oil production and oil revenues, and uses of such rev17 enues.

18 (b) The first report required by subsection (a) shall

19 be submitted not later than 30 days after enactment of

20 this Act.

21 (c) The reports required by this section shall also be

22 made publicly available, including through the CPA’s

23 Internet website.

24 SEC. 2208. Any reference in this chapter to the ‘‘Coa25 lition Provisional Authority in Iraq’’ shall be deemed to
46

•HR 3289 EH

1 include any successor United States Government entity

2 with the same or substantially the same authorities and

3 responsibilities as the Coalition Provisional Authority in

4 Iraq.

5 SEC. 2209. Assistance or other financing under chap6 ter 2 of this title may be provided for Iraq and Afghani7 stan notwithstanding any other provision of law not con8 tained in this Act that restricts assistance to foreign coun9 tries and section 660 of the Foreign Assistance Act of

10 1961: Provided, That funds made available for Iraq pursu11 ant to this section shall be subject to the regular re12 programming notification procedures of the Committees

13 on Appropriations and section 634A of the Foreign Assist14 ance Act of 1961, except that notification shall be trans15 mitted at least 5 days in advance of obligation.

16 SEC. 2210. Funds made available in chapter 2 of this

17 title are made available notwithstanding section 10 of

18 Public Law 91–672 and section 15 of the State Depart19 ment Basic Authorities Act of 1956, as amended.

20 SEC. 2211. Notwithstanding any other provision of

21 law, the Overseas Private Investment Corporation is au22 thorized to undertake any program authorized by title IV

23 of the Foreign Assistance Act of 1961 in Iraq: Provided,

24 That funds made available pursuant to the authority of

25 this section shall be subject to the regular reprogramming
47

•HR 3289 EH

1 notification procedures of the Committees on Appropria2 tions.

3 REPORT ON MILITARY OPERATIONS AND

4 RECONSTRUCTION EFFORTS IN IRAQ AND AFGHANISTAN

5 SEC. 2212. (a) REPORT.—The President shall pre6 pare and transmit to Congress on a quarterly basis a re7 port on United States military operations and reconstruc8 tion efforts in Iraq and Afghanistan.

9 (b) CONTENTS.—The report shall, at a minimum,

10 contain the following information:

11 (1) A full accounting of amounts appropriated

12 under this Act or any other Act that were expended

13 during the preceding quarter for military operations

14 and reconstruction efforts in Iraq and Afghanistan.

15 (2) A description of progress made in recon16 struction efforts in Iraq and Afghanistan, particu17 larly efforts relating to public safety, defense and

18 law enforcement, energy infrastructure, water,

19 sewer, roads, and other public works, transportation

20 and telecommunications infrastructure, medical and

21 hospital services, and private sector development.

22 (3) A description of progress made to reduce

23 attacks against members of the United States

24 Armed Forces in Iraq and Afghanistan.
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1 (4) An analysis of the impact that military op2 erations in Iraq and Afghanistan have had on overall

3 readiness of the Armed Forces.

4 (5) An analysis of the impact that the extended

5 deployment of members of the Armed Forces in con6 nection with Operation Iraqi Freedom and Operation

7 Enduring Freedom is having on recruiting and re8 tention efforts in the active and reserve components.

9 (6) An estimate of the cost of repairing or re10 placing the combat vehicles, aircraft, and other

11 equipment damaged or destroyed by combat, by pro12 longed use in Iraq and Afghanistan, or by exposure

13 to the extreme climatic and terrain conditions in

14 Iraq and Afghanistan.

15 (7) A description of progress made toward the

16 establishment of an independent, sovereign, and

17 democratic government for Iraq, including an esti18 mated schedule for the drafting of a constitution

19 and the holding of free and fair elections.

20 (8) A description of the extent of international

21 participation in the stabilization and reconstruction

22 of Iraq, including the amount and schedule for the

23 provision of financial assistance by other countries

24 and international organizations.
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•HR 3289 EH

1 (9) The number of members of the Armed

2 Forces (including national guard and reserve troops)

3 deployed in connection with Operation Iraqi Free4 dom and Operation Enduring Freedom, an estimate

5 of the period of time for which such forces will be

6 deployed, and a description of progress made in re7 placing such forces with international or foreign

8 peacekeeping units.

9 SEC. 2213. (a) REVIEW OF CONTRACTING PROCE10 DURES.—The Comptroller General shall review each cov11 ered contract and task or delivery order entered into dur12 ing a review period to determine whether the procedures

13 used to enter into the contracts and orders were in compli14 ance with the requirements of this Act and other applica15 ble laws and regulations.

16 (b) REPORT.—At the end of each review period, the

17 Comptroller General shall submit to Congress a report on

18 the results of the review.

19 (c) REVIEW PERIOD.—A review under subsection (a)

20 shall be carried each quarter of a fiscal year, beginning

21 with the first quarter beginning after the date of the en22 actment of this Act.

23 (d) COVERED CONTRACTS AND ORDERS.—This sec24 tion applies to any contract or task or delivery order en-
50

•HR 3289 EH

1 tered into using funds appropriated by this Act for foreign

2 assistance if—

3 (1) in the case of a contract, the contract is in

4 an amount in excess of the simplified acquisition

5 threshold (as defined in section 4 of the Office of

6 Federal Procurement Policy Act (41 U.S.C. 403),

7 and

8 (2) in the case of a task or delivery order, the

9 order is in an amount in excess of $1,000,000.

10 TITLE III—GENERAL PROVISIONS—THIS ACT

11 SEC. 3001. No part of any appropriation contained

12 in this Act shall remain available for obligation beyond

13 the current fiscal year unless expressly so provided herein.

14 SEC. 3002. None of the funds made available in this

15 or any other Act for fiscal year 2004 may be used for

16 any defense or reconstruction activities in Iraq or Afghani17 stan coordinated by any officer of the United States Gov18 ernment whose office is not subject to appointment by the

19 President by and with the advice and consent of the Sen20 ate.

21 SEC. 3003. For purposes of computing the amount

22 of a payment for an eligible local educational agency under

23 section 8003(a) of the Elementary and Secondary Edu24 cation Act (20 U.S.C. 7703(a)), children enrolled in a

25 school of such agency that would otherwise be eligible for
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1 payment under section 8003(a)(1)(B) of such Act, but due

2 to the deployment of both parents or legal guardians, or

3 due to the death of a military parent or legal guardian

4 while on active duty, are no longer eligible under such sec5 tion, shall be considered as eligible students under such

6 section, provided such students remain in average daily

7 attendance at the same school that they attended prior

8 to their change in eligibility status.

9 SEC. 3004. None of the funds made available by this

10 Act may be provided to any unit of the security forces

11 of a foreign country participating with coalition forces in

12 Afghanistan or Iraq if the Secretary of State or the Sec13 retary Defense has credible evidence that such unit has

14 committed gross violations of human rights, unless the ap15 propriate Secretary determines and reports to the Com16 mittees on Appropriations that the government of such

17 country is taking effective measures to bring the respon18 sible members of the security forces unit to justice: Pro19 vided, That nothing in this section shall be construed to

20 withhold funds made available by this Act from any unit

21 of the security forces of a foreign country not credibly al22 leged to be involved in gross violations of human rights:

23 Provided further, That in the event that funds are withheld

24 from any unit pursuant to this section, the appropriate

25 Secretary shall promptly inform the foreign government
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1 of the basis for such action and shall, to the maximum

2 extent practicable, assist the foreign government in taking

3 effective measures to bring the responsible members of the

4 security forces to justice.

5 SEC. 3005. None of the funds made available in this

6 Act may be used for the participation of Iraq in the Orga7 nization of Petroleum Exporting Countries (OPEC).

8 SEC. 3006. None of the funds made available in this

9 Act may be used to fund any contract in contravention

10 of section 8(d)(6) of the Small Business Act (15 U.S.C.

11 637(d)(6)).

12 SEC. 3007. None of the amounts made available and

13 allocated for oil infrastructure under the heading ‘‘IRAQ

14 RELIEF AND RECONSTRUCTION FUND’’ may be used to

15 enter into any contract using procedures other than com16 petitive procedures.

17 This Act may be cited as the ‘‘Emergency Supple18 mental Appropriations Act for Defense and for the Recon19 struction of Iraq and Afghanistan, 2004’’.

Passed the House of Representatives October 17,

2003.

Attest:

Clerk.
108TH CONGRESS

1ST SESSION H. R. 3289

AN ACT

Making emergency supplemental appropriations for

defense and for the reconstruction of Iraq andAfghanistan for the fiscal year ending September30, 2004, and for other purposes.