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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3289 Enrolled Bill (ENR)]

        H.R.3289

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2004, and for 
other purposes, namely:

                       TITLE I--NATIONAL SECURITY

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$12,858,870,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$816,100,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$753,190,000.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$3,384,700,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$23,997,064,000.

                    Operation and Maintenance, Navy

                      (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Navy'', 
$1,956,258,000, of which up to $80,000,000 may be transferred to the 
Department of Homeland Security for Coast Guard Operations.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,198,981,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $5,416,368,000.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $4,355,452,000, of which--
        (1) not to exceed $15,000,000 may be used for the CINC 
    Initiative Fund account, to be used primarily in Iraq and 
    Afghanistan;
        (2) $32,000,000 is only for the Family Advocacy Program; and
        (3) not to exceed $1,150,000,000, to remain available until 
    expended, may be used, notwithstanding any other provision of law, 
    for payments to reimburse Pakistan, Jordan, and other key 
    cooperating nations, for logistical and military support provided, 
    or to be provided, to United States military operations 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 the concurrence of the Secretary 
    of State, and in consultation with the Director of the Office of 
    Management and Budget, may determine, in his discretion, based on 
    documentation determined by the Secretary of Defense to adequately 
    account for the support provided, and such determination is final 
    and conclusive upon the accounting officers of the United States, 
    and 15 days following notification to the appropriate congressional 
    committees: Provided further, That the Secretary of Defense shall 
    provide quarterly reports to the Committees on Appropriations on 
    the use of these funds.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $16,000,000.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $53,000,000.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $214,000,000.

             Overseas Humanitarian, Disaster, and Civic Aid

    For an additional amount for ``Overseas Humanitarian, Disaster, and 
Civic Aid'', $35,500,000.

                           Iraq Freedom Fund

                      (including transfer of funds)

    For ``Iraq Freedom Fund'', $1,988,600,000, to remain available for 
transfer until September 30, 2005, for the purposes authorized under 
this heading in Public Law 108-11: Provided, That the Secretary of 
Defense may transfer the funds provided herein to appropriations for 
military personnel; operation and maintenance; Overseas Humanitarian, 
Disaster, and Civic Aid; procurement; military construction; the 
Defense Health Program; and working capital funds: Provided further, 
That funds transferred shall be merged with and be available for the 
same purposes and for the same time period as the appropriation or fund 
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 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 the Secretary of Defense 
shall, not fewer than 5 days prior to making transfers from this 
appropriation, notify the congressional defense committees in writing 
of the details of any such transfer: Provided further, That the 
Secretary shall submit a report no later than 30 days after the end of 
each fiscal quarter to the congressional defense committees summarizing 
the details of the transfer of funds from this appropriation: Provided 
further, That not less than $62,100,000 shall be transferred to ``Other 
Procurement, Army'' for the procurement of Up-armored High Mobility 
Multipurpose Wheeled Vehicles and associated equipment: Provided 
further, That $10,000,000 shall be for the Family Readiness Program of 
the National Guard.

                              PROCUREMENT

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $101,600,000, to remain available until 
September 30, 2006.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$1,143,687,000, to remain available until September 30, 2006.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$158,600,000, to remain available until September 30, 2006.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$76,357,000, to remain available until September 30, 2006.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$123,397,000, to remain available until September 30, 2006.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$53,972,000, to remain available until September 30, 2006.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$20,450,000, to remain available until September 30, 2006.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$3,438,006,000, to remain available until September 30, 2006.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$418,635,000, to remain available until September 30, 2006.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $34,000,000, to remain available until September 
30, 2005.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $39,070,000, to remain available until 
September 30, 2005.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $260,817,000, to remain available until 
September 30, 2005.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$600,000,000.

                     National Defense Sealift Fund

    For an additional amount for ``National Defense Sealift Fund'', 
$24,000,000, to remain available until expended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$658,380,000 for Operation and maintenance.

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $73,000,000: Provided, That these funds may be 
used only for such activities related to Afghanistan: Provided further, 
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 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.

                            RELATED AGENCIES

               Intelligence Community Management Account

                      (including transfer of funds)

    For an additional amount for ``Intelligence Community Management 
Account'', $21,500,000, to remain available until September 30, 2005; 
of which $3,000,000 may be transferred to and merged with the 
Department of Energy, ``Other Defense Activities'', and $15,500,000 may 
be transferred to and merged with the Federal Bureau of Investigation, 
``Salaries and Expenses''.

                    GENERAL PROVISIONS, THIS CHAPTER

                           (transfer of funds)

    Sec. 1101. Upon his determination that such action is necessary in 
the national interest, the Secretary of Defense may transfer between 
appropriations up to $3,000,000,000 of the funds made available to the 
Department of Defense in this chapter: Provided, That the Secretary 
shall notify the Congress promptly of each transfer made pursuant to 
this authority: Provided further, That the transfer authority provided 
in this section is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That the 
authority in this section is subject to the same terms and conditions 
as the authority provided in section 8005 of the Department of Defense 
Appropriations Act, 2004, except for the fourth proviso.
    Sec. 1102. 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).
    Sec. 1103. Sections 1318 and 1319 of the Emergency Wartime 
Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 
571), shall remain in effect during fiscal year 2004.
    Sec. 1104. From October 1, 2003, through September 30, 2004, (a) 
the rates of pay authorized by section 310(a) of title 37, United 
States Code, shall be $225; and (b) the rates of pay authorized by 
section 427(a)(1) of title 37, United States Code, shall be $250.
    Sec. 1105. Defense Emergency Response Fund Close-Out Authority.--
(a) Section 1313 of the Emergency Wartime Supplemental Appropriations 
Act, 2003 (Public Law 108-11; 117 Stat. 569), is amended by inserting 
``unobligated'' before ``balances''.
    (b) Effective November 1, 2003, adjustments to obligations that 
before such date would have been properly chargeable to the Defense 
Emergency Response Fund shall be charged to any current appropriations 
account of the Department of Defense available for the same purpose.
    Sec. 1106. During the current fiscal year, funds available to the 
Department of Defense for operation and maintenance may be used, 
notwithstanding any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and other 
logistical support to coalition forces supporting military and 
stability operations in Iraq: Provided, That the Secretary of Defense 
shall provide quarterly reports to the congressional defense committees 
regarding support provided under this section.
    Sec. 1107. Notwithstanding any other provision of law, from funds 
made available in this Act to the Department of Defense under 
``Operation and Maintenance, Defense-Wide'', not to exceed $150,000,000 
may be used by the Secretary of Defense, with the concurrence of the 
Secretary of State, to provide assistance only to the New Iraqi Army 
and the Afghan National Army to enhance their capability to combat 
terrorism and to support U.S. military operations in Iraq and 
Afghanistan: Provided, That such assistance may include the provision 
of equipment, supplies, services, training and funding: Provided 
further, That the authority to provide assistance under this section is 
in addition to any other authority to provide assistance to foreign 
nations: Provided further, That the Secretary of Defense shall notify 
the congressional defense committees not less than 15 days before 
providing assistance under the authority of this section.
    Sec. 1108. None of the funds provided in this chapter may be used 
to finance programs or activities denied by Congress in fiscal year 
2004 appropriations to the Department of Defense or to initiate a 
procurement or research, development, test and evaluation new start 
program without prior notification to the congressional defense 
committees.
    Sec. 1109. In addition to amounts made available elsewhere in this 
Act, there is hereby appropriated to the Department of Defense 
$313,000,000, to be used only for recovery and repair of damage due to 
natural disasters including Hurricane Isabel, to be distributed as 
follows:
        ``Operation and Maintenance, Army'', $47,100,000;
        ``Operation and Maintenance, Navy'', $87,600,000;
        ``Operation and Maintenance, Marine Corps'', $6,700,000;
        ``Operation and Maintenance, Air Force'', $169,300,000; and
        ``Other Procurement, Air Force'', $2,300,000.
    Sec. 1110. During the current fiscal year, from funds made 
available in this Act to the Department of Defense for operation and 
maintenance, not to exceed $180,000,000 may be used, notwithstanding 
any other provision of law, to fund the Commander's Emergency Response 
Program, established by the Administrator of the Coalition Provisional 
Authority for the purpose of enabling military commanders in Iraq to 
respond to urgent humanitarian relief and reconstruction requirements 
within their areas of responsibility by carrying out programs that will 
immediately assist the Iraqi people, and to establish and fund a 
similar program to assist the people of Afghanistan: Provided, That the 
Secretary of Defense shall provide quarterly reports, beginning on 
January 15, 2004, to the congressional defense committees regarding the 
source of funds and the allocation and use of funds made available 
pursuant to the authority provided in this section.
    Sec. 1111. Not later than 30 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report describing an Analysis of Alternatives for 
replacing the capabilities of the existing Air Force fleet of KC-135 
tanker aircraft.

   enhancements to exemption for members with combat-related injuries 
 from requirement for payment of subsistence charges while hospitalized

    Sec. 1112. (a) Exemption Made Permanent.--Subsection (c) of section 
1075 of title 10, United States Code (as added by section 8146(a)(2) of 
the Department of Defense Appropriations Act, 2004 (Public Law 108-
87)), is repealed.
    (b) Retroactivity.--Subsection (b) of section 8146 of the 
Department of Defense Appropriations Act, 2004 (Public Law 108-87), is 
amended to read as follows:
    ``(b) Effective Date.--(1) Subsection (b)(2) of section 1075 of 
title 10, United States Code, as added by subsection (a), shall apply 
with respect to any period of hospitalization on or after September 11, 
2001, because of an injury covered by that subsection that is incurred 
on or after that date.
    ``(2) The Secretary concerned (as defined in section 101 of title 
37, United States Code) shall take such action as necessary to 
implement paragraph (1), including--
        ``(A) refunding any amount previously paid under section 1075 
    of title 10, United States Code, by a person who, by reason of 
    paragraph (1), is not required to make such payment; and
        ``(B) waiving recovery of any unpaid amount for which a person 
    has previously been charged under that section and which that 
    person, by reason of paragraph (1), is not required to pay.''.
    Sec. 1113. None of the funds available to the Department of Defense 
may be obligated to implement any action which alters the command 
responsibility or permanent assignment of forces until 270 days after 
such plan has been provided to the congressional defense committees.
    Sec. 1114. Section 1074a of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(f)(1) At any time after the Secretary concerned notifies members 
of the Ready Reserve that the members are to be called or ordered to 
active duty, the administering Secretaries may provide to each such 
member any medical and dental screening and care that is necessary to 
ensure that the member meets the applicable medical and dental 
standards for deployment.
    ``(2) The Secretary concerned shall promptly transmit to each 
member of the Ready Reserve eligible for screening and care under this 
subsection a notification of eligibility for such screening and care.
    ``(3) A member provided medical or dental screening or care under 
paragraph (1) may not be charged for the screening or care.
    ``(4) Screening and care may not be provided under this section 
after September 30, 2004.''.
    Sec. 1115. (a) Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1076a the following new section:

``Sec. 1076b. TRICARE program: coverage for members of the Ready 
            Reserve

    ``(a) Eligibility.--Each member of the Selected Reserve of the 
Ready Reserve and each member of the Individual Ready Reserve described 
in section 10144(b) of this title is eligible, subject to subsection 
(h), to enroll in TRICARE and receive benefits under such enrollment 
for any period that the member--
        ``(1) is an eligible unemployment compensation recipient; or
        ``(2) is not eligible for health care benefits under an 
    employer-sponsored health benefits plan.
    ``(b) Types of Coverage.--(1) A member eligible under subsection 
(a) may enroll for either of the following types of coverage:
        ``(A) Self alone coverage.
        ``(B) Self and family coverage.
    ``(2) An enrollment by a member for self and family covers the 
member and the dependents of the member who are described in 
subparagraph (A), (D), or (I) of section 1072(2) of this title.
    ``(c) Open Enrollment Periods.--The Secretary of Defense shall 
provide for at least one open enrollment period each year. During an 
open enrollment period, a member eligible under subsection (a) may 
enroll in the TRICARE program or change or terminate an enrollment in 
the TRICARE program.
    ``(d) Scope of Care.--(1) A member and the dependents of a member 
enrolled in the TRICARE program under this section shall be entitled to 
the same benefits under this chapter as a member of the uniformed 
services on active duty or a dependent of such a member, respectively.
    ``(2) Section 1074(c) of this title shall apply with respect to a 
member enrolled in the TRICARE program under this section.
    ``(e) Premiums.--(1) The Secretary of Defense shall charge premiums 
for coverage pursuant to enrollments under this section. The Secretary 
shall prescribe for each of the TRICARE program options a premium for 
self alone coverage and a premium for self and family coverage.
    ``(2) The monthly amount of the premium in effect for a month for a 
type of coverage under this section shall be the amount equal to 28 
percent of the total amount determined by the Secretary on an 
appropriate actuarial basis as being reasonable for the coverage.
    ``(3) The premiums payable by a member under this subsection may be 
deducted and withheld from basic pay payable to the member under 
section 204 of title 37 or from compensation payable to the member 
under section 206 of such title. The Secretary shall prescribe the 
requirements and procedures applicable to the payment of premiums by 
members not entitled to such basic pay or compensation.
    ``(4) Amounts collected as premiums under this subsection shall be 
credited to the appropriation available for the Defense Health Program 
Account under section 1100 of this title, shall be merged with sums in 
such Account that are available for the fiscal year in which collected, 
and shall be available under subparagraph (B) of such section for such 
fiscal year.
    ``(f) Other Charges.--A person who receives health care pursuant to 
an enrollment in a TRICARE program option under this section, including 
a member who receives such health care, shall be subject to the same 
deductibles, copayments, and other nonpremium charges for health care 
as apply under this chapter for health care provided under the same 
TRICARE program option to dependents described in subparagraph (A), 
(D), or (I) of section 1072(2) of this title.
    ``(g) Termination of Enrollment.--(1) A member enrolled in the 
TRICARE program under this section may terminate the enrollment only 
during an open enrollment period provided under subsection (c), except 
as provided in subsection (h).
    ``(2) An enrollment of a member for self alone or for self and 
family under this section shall terminate on the first day of the first 
month beginning after the date on which the member ceases to be 
eligible under subsection (a).
    ``(3) The enrollment of a member under this section may be 
terminated on the basis of failure to pay the premium charged the 
member under this section.
    ``(h) Relationship to Transition TRICARE Coverage Upon Separation 
From Active Duty.--(1) A member may not enroll in the TRICARE program 
under this section while entitled to transitional health care under 
subsection (a) of section 1145 of this title or while authorized to 
receive health care under subsection (c) of such section.
    ``(2) A member who enrolls in the TRICARE program under this 
section within 90 days after the date of the termination of the 
member's entitlement or eligibility to receive health care under 
subsection (a) or (c) of section 1145 of this title may terminate the 
enrollment at any time within one year after the date of the 
enrollment.
    ``(i) Certification of Noncoverage by Other Health Benefits Plan.--
The Secretary of Defense may require a member to submit any 
certification that the Secretary considers appropriate to substantiate 
the member's assertion that the member is not covered for health care 
benefits under any other health benefits plan.
    ``(j) Eligible Unemployment Compensation Recipient Defined.--In 
this section, the term `eligible unemployment compensation recipient' 
means, with respect to any month, any individual who is determined 
eligible for any day of such month for unemployment compensation under 
State law (as defined in section 205(9) of the Federal-State Extended 
Unemployment Compensation Act of 1970), including Federal unemployment 
compensation laws administered through the State.
    ``(k) Regulations.--The Secretary of Defense, in consultation with 
the other administering Secretaries, shall prescribe regulations for 
the administration of this section.
    ``(l) Termination of Authority.--An enrollment in TRICARE under 
this section may not continue after September 30, 2004.''.
    (b) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1076a the 
following new item:

``1076b. TRICARE program: coverage for members of the Ready Reserve.''.

    Sec. 1116. Section 1074 of title 10, United States Code, is amended 
by adding at the end the following new subsection:
    ``(d)(1) For the purposes of this chapter, a member of a reserve 
component of the armed forces who is issued a delayed-effective-date 
active-duty order, or is covered by such an order, shall be treated as 
being on active duty for a period of more than 30 days beginning on the 
later of the date that is--
        ``(A) the date of the issuance of such order; or
        ``(B) 90 days before date on which the period of active duty is 
    to commence under such order for that member.
    ``(2) In this subsection, the term `delayed-effective-date active-
duty order' means an order to active duty for a period of more than 30 
days in support of a contingency operation under a provision of law 
referred to in section 101(a)(13)(B) of this title that provides for 
active-duty service to begin under such order on a date after the date 
of the issuance of the order.
    ``(3) This section shall cease to be effective on September 30, 
2004.''.
    Sec. 1117. (a) Subject to subsection (b), during the period 
beginning on the date of the enactment of this Act and ending on 
September 30, 2004, section 1145(a) of title 10, United States Code, 
shall be administered by substituting for paragraph (3) the following:
    ``(3) Transitional health care for a member under subsection (a) 
shall be available for 180 days beginning on the date on which the 
member is separated from active duty.''.
    (b)(1) Subsection (a) shall apply with respect to separations from 
active duty that take effect on or after the date of the enactment of 
this Act.
    (2) Beginning on October 1, 2004, the period for which a member is 
provided transitional health care benefits under section 1145(a) of 
title 10, United States Code, shall be adjusted as necessary to comply 
with the limits provided under paragraph (3) of such section.
    Sec. 1118. (a) At the time members of reserve components of the 
Armed Forces are called or ordered to active duty under Section 
12302(a) of title 10, United States Code, each member shall be notified 
in writing of the expected period during which the member will be 
mobilized.
    (b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines that it is 
necessary to do so to respond to a national security emergency or to 
meet dire operational requirements of the Armed Forces.
    Sec. 1119. The authority to utilize funds appropriated for fiscal 
year 2003 for purposes provided by the first clause of section 1314(1) 
of Public Law 108-11, shall apply to the utilization of available funds 
appropriated for fiscal year 2004 for such purposes.
    Sec. 1120. (a) Not later than April 30 and October 31 of each year, 
the Secretary of Defense shall submit to Congress a report on the 
military operations of the Armed Forces and the reconstruction 
activities of the Department of Defense in Iraq and Afghanistan.
    (b) Each report shall include the following information:
        (1) For each of Iraq and Afghanistan for the half-fiscal year 
    ending during the month preceding the due date of the report, the 
    amount expended for military operations of the Armed Forces and the 
    amount expended for reconstruction activities, together with the 
    cumulative total amounts expended for such operations and 
    activities.
        (2) An assessment of the progress made toward preventing 
    attacks on United States personnel.
        (3) An assessment of the effects of the operations and 
    activities in Iraq and Afghanistan on the readiness of the Armed 
    Forces.
        (4) An assessment of the effects of the operations and 
    activities in Iraq and Afghanistan on the recruitment and retention 
    of personnel for the Armed Forces.
        (5) For the half-fiscal year ending during the month preceding 
    the due date of the report, the costs incurred for repair of 
    Department of Defense equipment used in the operations and 
    activities in Iraq and Afghanistan.
        (6) The foreign countries, international organizations, and 
    nongovernmental organizations that are contributing support for the 
    ongoing military operations and reconstruction activities, together 
    with a discussion of the amount and types of support contributed by 
    each during the half-fiscal year ending during the month preceding 
    the due date of the report.
        (7) The extent to which, and the schedule on which, the 
    Selected Reserve of the Ready Reserve of the Armed Forces is being 
    involuntarily ordered to active duty under section 12304 of title 
    10, United States Code.
        (8) For each unit of the National Guard of the United States 
    and the other reserve components of the Armed Forces on active duty 
    pursuant to an order to active duty under section 12304 of title 
    10, United States Code, the following information:
            (A) The unit.
            (B) The projected date of return of the unit to its home 
        station.
            (C) The extent (by percentage) to which the forces deployed 
        within the United States and outside the United States in 
        support of a contingency operation are composed of reserve 
        component forces.
    Sec. 1121. In addition to amounts made available elsewhere in this 
Act, there is hereby appropriated to the Department of Defense 
$100,000,000, for ``Operation and Maintenance, Army'': Provided, That 
these funds are available only for the purpose of securing and 
destroying conventional munitions in Iraq, such as bombs, bomb 
materials, small arms, rocket propelled grenades, and shoulder-launched 
missiles.

                               CHAPTER 2

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard

                            Operating Expenses

    For an additional amount for ``Operating Expenses'', $23,183,000, 
for costs related to Hurricane Isabel damage.

                  Emergency Preparedness and Response

                             disaster relief

    For an additional amount for ``Disaster Relief'', $500,000,000, to 
remain available until expended.

                    GENERAL PROVISION, THIS CHAPTER

    Sec. 1201. Effective upon the enactment of the Project BioShield 
Act of 2003, the Department of Homeland Security Appropriations Act, 
2004 (Public Law 108-90) is amended under the heading ``Biodefense 
Countermeasures'' by striking ``securing medical countermeasures 
against biological terror attacks'' and inserting the following: 
``procuring security countermeasures under section 319F-2(c) of the 
Public Health Service Act, as authorized under section 510(a) of the 
Homeland Security Act of 2002''.

                               CHAPTER 3

                         MILITARY CONSTRUCTION

                      Military Construction, Army

    For an additional amount for ``Military Construction, Army'', 
$162,100,000, to remain available until September 30, 2008: Provided, 
That notwithstanding any other provision of law, such funds may be 
obligated or expended to carry out planning and design and military 
construction projects not otherwise authorized by law.

                      Military Construction, Navy

    For an additional amount for ``Military Construction, Navy'', 
$45,530,000, to remain available until September 30, 2008: Provided, 
That notwithstanding any other provision of law, such funds may be 
obligated or expended to carry out military construction projects not 
otherwise authorized by law.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$292,550,000, to remain available until September 30, 2008: Provided, 
That notwithstanding any other provision of law, such funds may be 
obligated or expended to carry out planning and design and military 
construction projects not otherwise authorized by law.

             Family Housing Operation and Maintenance, Army

    For an additional amount for ``Family Housing Operation and 
Maintenance, Army'', $11,420,000.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For an additional amount for ``Family Housing Operation and 
Maintenance, Navy and Marine Corps'', $6,280,000.

          Family Housing Operation and Maintenance, Air Force

    For an additional amount for ``Family Housing Operation and 
Maintenance, Air Force'', $6,981,000.

                    GENERAL PROVISION, THIS CHAPTER

    Sec. 1301. (a) Temporary Authority To Use Operation and Maintenance 
Funds for Military Construction Projects.--During fiscal year 2004, the 
Secretary of Defense may use this section as authority to obligate 
appropriated funds available for operation and maintenance to carry out 
a construction project outside the United States that the Secretary 
determines meets each of the following conditions:
        (1) The construction is necessary to meet urgent military 
    operational requirements of a temporary nature involving the use of 
    the Armed Forces in support of Operation Iraqi Freedom or the 
    Global War on Terrorism.
        (2) The construction is not carried out at a military 
    installation where the United States is reasonably expected to have 
    a long-term presence.
        (3) The United States has no intention of using the 
    construction after the operational requirements have been 
    satisfied.
        (4) The level of construction is the minimum necessary to meet 
    the temporary operational requirements.
    (b) Limitation on Use of Authority.--The total cost of the 
construction projects carried out under the authority of this section 
using, in whole or in part, appropriated funds available for operation 
and maintenance shall not exceed $150,000,000 in fiscal year 2004.
    (c) Notifications of Obligations of Funds.--Within fifteen days 
after the date on which appropriated funds available for operation and 
maintenance are first obligated for a construction project under 
subsection (a), the Secretary of Defense shall submit to the 
Congressional defense committees notice of the obligation of funds and 
the construction project. The notice shall include the following:
        (1) Certification that the conditions specified in subsection 
    (a) are satisfied with regard to the construction project.
        (2) A description of the purpose for which appropriated funds 
    available for operation and maintenance are being obligated.
        (3) Relevant documentation detailing the construction project.
        (4) The total amount obligated for the construction.
    (d) Quarterly Report.--(1) Not later than 30 days after the end of 
each fiscal-year quarter of fiscal year 2004, the Secretary of Defense 
shall submit to the congressional committees specified in subsection 
(f) a report on the worldwide obligation and expenditure during that 
quarter of appropriated funds available for operation and maintenance 
for construction projects.
    (2) The report shall include with regard to each project the 
following:
        (A) Certification that the conditions specified in subsection 
    (a) are satisfied with regard to the construction project.
        (B) A description of the purpose for which appropriated funds 
    available for operation and maintenance are being obligated.
        (C) Relevant documentation detailing the construction project.
        (D) An estimate of the total cost of the construction project.
        (E) The total amount obligated for the construction project as 
    of the date of the submission of the report.
    (e) Relation to Other Authorities.--The temporary authority 
provided by this section, and the limited authority provided by section 
2805(c) of title 10, United States Code, to use appropriated funds 
available for operation and maintenance to carry out a construction 
project are the only authorities available to the Secretary of Defense 
and the Secretaries of the military departments to use appropriated 
funds available for operation and maintenance to carry out construction 
projects.
    (f) Congressional Committees.--The congressional committees 
referred to in this section are the following:
        (1) The Committee on Armed Services and the Subcommittees on 
    Defense and Military Construction of the Committee on 
    Appropriations of the Senate.
        (2) The Committee on Armed Services and the Subcommittees on 
    Defense and Military Construction of the Committee on 
    Appropriations of the House of Representatives.

    TITLE II--IRAQ AND AFGHANISTAN RECONSTRUCTION AND INTERNATIONAL 
                               ASSISTANCE

                               CHAPTER 1

                         DEPARTMENT OF JUSTICE

                            Legal Activities

                         General Legal Activities

    For necessary expenses for ``Salaries and Expenses, General Legal 
Activities'', $15,000,000.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                     Diplomatic and Consular Programs

                          (including rescission)

    For necessary expenses for ``Diplomatic and Consular Programs'', 
$156,300,000, of which $35,800,000 shall remain available until 
September 30, 2006.
    Of the funds appropriated under this heading in the Emergency 
Wartime Supplemental Appropriations Act, 2003, $35,800,000 are 
rescinded.

             Embassy Security, Construction, and Maintenance

    For necessary expenses for ``Embassy Security, Construction, and 
Maintenance'', $43,900,000, to remain available until expended: 
Provided, That funds provided under this heading do not include 
facilities requirements specific to the United States Agency for 
International Development, which are provided under the heading 
``United States Agency for International Development, Operating 
Expenses of the United States Agency for International Development''.

            EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

                      (including transfer of funds)

    For necessary expenses for ``Emergencies in the Diplomatic and 
Consular Service'', $115,500,000, to remain available until expended, 
which may be transferred to, and merged with, the appropriations for 
``Diplomatic and Consular Programs'': Provided, That of the funds made 
available under this heading, $65,500,000 may be transferred to, and 
merged with, the appropriations for ``Protection of Foreign Missions 
and Officials''; of which $32,000,000 is for the reimbursement of the 
City of New York for costs associated with the protection of foreign 
missions and officials during the heightened state of alert following 
the September 11, 2001, terrorist attacks on the United States; of 
which $8,500,000 is for costs associated with the 2003 Free Trade Area 
of the Americas Ministerial meeting; and of which $25,000,000 is for 
costs associated with the 2004 Summit of the Industrialized Nations 
notwithstanding the limitations of 3 U.S.C. 202(10): Provided further, 
That of the funds previously appropriated under this heading, 
$2,000,000 is for rewards for an indictee of the Special Court for 
Sierra Leone: Provided further, That any transfer of funds provided 
under this heading shall be treated as a reprogramming of funds under 
section 605 of Public Law 108-7.

                      International Organizations

         Contributions for International Peacekeeping Activities

    For necessary expenses for ``Contributions for International 
Peacekeeping Activities'', $245,000,000, to remain available until 
expended.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                  International Broadcasting Operations

    For necessary expenses for ``International Broadcasting 
Operations'', for activities related to the Middle East Television 
Network broadcasting to Iraq, $40,000,000.

                    GENERAL PROVISION--THIS CHAPTER

    Sec. 2101. Funds appropriated under this chapter for the 
Broadcasting Board of Governors and the Department of State may be 
obligated and expended notwithstanding section 313 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995, and section 15 
of the State Department Basic Authorities Act of 1956, as amended.

                               CHAPTER 2

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           United States 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'', $38,100,000, for direct 
support of operations in Afghanistan, to remain available until 
September 30, 2005.
    In addition, for direct support of operations in Iraq, $1,900,000, 
which shall be transferred to and merged with ``Operating Expenses of 
the United States Agency for International Development Office of 
Inspector General'' for financial and performance audits of the Iraq 
Relief and Reconstruction Fund and other assistance to Iraq, to remain 
available until September 30, 2005.

                         CAPITAL INVESTMENT FUND

    For an additional amount for ``Capital Investment Fund'', 
$16,600,000, to remain available until expended: Provided, That the 
Administrator of the United States Agency for International Development 
shall assess fair and reasonable rental payments for the use of space 
by employees of other United States Government agencies in buildings 
constructed using funds appropriated under this heading, and such 
rental payments shall be deposited into this account as an offsetting 
collection: Provided further, That the rental payments collected 
pursuant to the previous proviso and deposited as an offsetting 
collection shall be available for obligation only pursuant to the 
regular notification procedures of the Committees on Appropriations.

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   Iraq Relief and Reconstruction Fund

                      (INCLUDING TRANSFERS OF FUNDS)

    For necessary expenses to carry out the purposes of the Foreign 
Assistance Act of 1961, for security, relief, rehabilitation and 
reconstruction in Iraq, $18,649,000,000, to remain available until 
September 30, 2006, to be allocated as follows: $3,243,000,000 for 
security and law enforcement; $1,318,000,000 for justice, public safety 
infrastructure, and civil society, of which $100,000,000 shall be made 
available for democracy building activities, and of which $10,000,000 
shall be made available to the United States Institute for Peace for 
activities supporting peace enforcement, peacekeeping and post-conflict 
peacebuilding; $5,560,000,000 for the electric sector; $1,890,000,000 
for oil infrastructure; $4,332,000,000 for water resources and 
sanitation; $500,000,000 for transportation and telecommunications; 
$370,000,000 for roads, bridges, and construction; $793,000,000 for 
health care; $153,000,000 for private sector development; and 
$280,000,000 for education, refugees, human rights, and governance: 
Provided, That the President may reallocate up to 10 percent of any of 
the preceding allocations, except that the total for the allocation 
receiving such funds may not be increased by more than 20 percent: 
Provided further, That the President may increase one such allocation 
only by up to an additional 20 percent in the event of unforeseen or 
emergency circumstances: Provided further, That such reallocations 
shall be subject to the regular notification procedures of the 
Committees on Appropriations and section 634A of the Foreign Assistance 
Act of 1961 and notifications shall be transmitted at least 15 days in 
advance of the obligation of funds: Provided further, That funds 
appropriated under this heading shall be apportioned only to the 
Coalition Provisional Authority in Iraq (in its capacity as an entity 
of the United States Government), the Department of State, the 
Department of Health and Human Services, the Department of Treasury, 
the Department of Defense, and the United States Agency for 
International Development: Provided further, That upon a determination 
that all or part of the funds so 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 
amount appropriated in this paragraph, not less than $6,000,000 shall 
be made available for administrative expenses of the Department of 
State Bureau of International Narcotics Control and Law Enforcement 
Affairs and not less than $29,000,000 shall be made available for 
administrative expenses of the United States Agency for International 
Development for support of the reconstruction activities in Iraq: 
Provided further, That of the funds appropriated under this heading, up 
to 10 percent of such funds that are obligated, managed, or 
administered by an agency of the United States Government, other than 
the Coalition Provisional Authority, shall be made available to such 
agency to fully pay for its administrative expenses: Provided further, 
That up to 1 percent of the amount appropriated in this paragraph may 
be transferred to ``Operating Expenses of the Coalition Provisional 
Authority'', and that any such transfer shall be in accordance with the 
regular notification procedures of the Committees on Appropriations and 
section 634A of the Foreign Assistance Act of 1961: Provided further, 
That funds appropriated under this heading shall be used to protect and 
promote public health and safety, including for the arrest, detention 
and prosecution of criminals and terrorists: Provided further, That of 
the funds appropriated under this heading, assistance shall be made 
available for Iraqi civilians who have suffered losses as a result of 
military operations: Provided further, That contributions of funds for 
the purposes provided herein from any person, foreign government, or 
international organization, may be credited to this Fund and used for 
such purposes: Provided further, That the Administrator of the 
Coalition Provisional Authority shall seek to ensure that programs, 
projects and activities funded under this heading, comply fully with 
USAID's ``Policy Paper: Disability'' issued on September 12, 1997: 
Provided further, That the Coalition Provisional Authority shall work, 
in conjunction with relevant Iraqi officials, to ensure that a new 
Iraqi constitution preserves full rights to religious freedom and 
tolerance of all faiths: Provided further, That of the funds 
appropriated under this heading, $100,000,000 shall be transferred to 
and consolidated with funds appropriated by this Act for ``Economic 
Support Fund'' for assistance for Jordan, $100,000,000 of such funds 
shall be transferred to and consolidated with funds appropriated by 
this Act for ``International Disaster and Famine Assistance'' for 
assistance for Liberia, and $10,000,000 of such funds shall be 
transferred to and consolidated with funds appropriated by this Act for 
``International Disaster and Famine Assistance'' for assistance for 
Sudan.

       Operating Expenses of the Coalition Provisional Authority

    For necessary expenses of the Coalition Provisional Authority in 
Iraq, established pursuant to United Nations Security Council 
resolutions including Resolution 1483, for personnel costs, 
transportation, supply, equipment, facilities, communications, 
logistics requirements, studies, physical security, media support, 
promulgation and enforcement of regulations, and other activities 
needed to oversee and manage the relief and reconstruction of Iraq and 
the transition to democracy, $933,000,000, to remain available until 
September 30, 2005: Provided, That the appropriation of funds under 
this heading shall not be construed to limit or otherwise affect the 
ability of the Department of Defense to furnish assistance and 
services, and any other support, to the Coalition Provisional 
Authority.
    In addition, $50,000,000, to remain available until September 30, 
2005, to be used to fulfill the reporting and monitoring requirements 
of this Act and for the preparation and maintenance of public records 
required by this Act.

                         Economic Support Fund

    For an additional amount for ``Economic Support Fund'', 
$872,000,000, to remain available until December 31, 2004: Provided, 
That not less than $672,000,000 is available only for accelerated 
assistance for Afghanistan: Provided further, That these funds are 
available notwithstanding section 660 of the Foreign Assistance Act of 
1961, and section 620(q) of that Act or any comparable provision of 
law: Provided further, That these funds may be used for activities 
related to disarmament, demobilization, and reintegration of militia 
combatants, including registration of such combatants, notwithstanding 
section 531(e) of the Foreign Assistance Act of 1961: Provided further, 
That the obligation of funds made available by this Act or any prior 
appropriations Act for the purpose of deploying and supporting senior 
advisors to the United States Chief of Mission in Kabul, Afghanistan, 
is subject to the regular reprogramming and notification procedures of 
the Committees on Appropriations and section 634A of the Foreign 
Assistance Act of 1961: Provided further, That $60,000,000 should be 
made available for assistance for Afghan women and girls and $5,000,000 
shall be made available for the Afghan Independent Human Rights 
Commission: Provided further, That not less than $8,000,000 is 
available only for the provision of adequate dedicated air transport 
and support for civilian personnel at provincial reconstruction team 
sites: Provided further, That upon the receipt by the Speaker of the 
House of Representatives and the President of the Senate of a 
determination by the President that the Government of Pakistan is 
cooperating with the United States in the global war on terrorism, not 
to exceed $200,000,000 appropriated under this heading may be used for 
the costs, as defined in section 502 of the Congressional Budget Act of 
1974, of modifying direct loans and guarantees for Pakistan: Provided 
further, That amounts that are made available under the previous 
proviso for the cost of modifying direct loans and guarantees shall not 
be considered ``assistance'' for the purposes of provisions of law 
limiting assistance to a country.

              International Disaster and Famine Assistance

                      (including transfers of funds)

    For necessary expenses for International Disaster and Famine 
Assistance utilizing the general authorities of section 491 of the 
Foreign Assistance Act of 1961, to respond to or prevent unforeseen 
complex foreign crises in Liberia and Sudan, $110,000,000, and by 
transfer not to exceed 0.5 percent of the funds appropriated under any 
other heading in this chapter, to remain available to the Secretary of 
State until September 30, 2005: Provided, That funds appropriated under 
this heading may be made available only pursuant to a determination by 
the President, after consultation with the appropriate congressional 
committees, that it is in the national interest and essential to 
efforts to reduce international terrorism to furnish assistance on such 
terms and conditions as he may determine for such purposes, including 
support for peace and humanitarian intervention operations: Provided 
further, That none of these funds shall be available to respond to 
natural disasters: Provided further, That funds made available under 
this heading to respond to or prevent unforeseen complex foreign crises 
shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That not less than 
$100,000,000 of the funds appropriated under this heading shall be made 
available for assistance for Liberia.

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $170,000,000, to remain available until December 31, 
2004, for accelerated assistance for Afghanistan.

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

    For an additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', $35,000,000, for accelerated 
assistance for Afghanistan.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                   Foreign Military Financing Program

    For an additional amount for the ``Foreign Military Financing 
Program'', $287,000,000, for accelerated assistance for Afghanistan.

                        Peacekeeping Operations

    For an additional amount for ``Peacekeeping Operations'', 
$50,000,000, to support the global war on terrorism.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 2201. None of the funds appropriated by this Act or any 
unexpended funds provided in Public Law 108-11 may be used to repay, in 
whole or in part, principal or interest on any loan or guarantee 
agreement entered into by the Government of Iraq with any private or 
public sector entity including with the government of any country 
(including any agency of such government or any entity owned in whole 
or in part by the government of such country) or with any international 
financial institution, prior to May 1, 2003: Provided, That for the 
purpose of this section, the term ``international financial 
institution'' shall mean those institutions contained in section 530(b) 
of division E of Public Law 108-7.
    Sec. 2202 (a) Notwithstanding any other provision of law, none of 
the funds appropriated by this Act under the heading ``Iraq Relief and 
Reconstruction Fund'' and under the same heading in Public Law 108-11 
may be used for entering into any Federal contract (including follow-on 
contract) using other than full and open competition, except in 
accordance with the Federal Property and Administrative Procedures Act 
(41 U.S.C. 251 et seq.), and any exception, if deemed necessary, shall 
be only upon the written approval of the Administrator of the Coalition 
Provisional Authority and the head of the executive agency of the 
United States awarding and managing such contract and such authority 
shall not be delegated.
    (b) In any case in which procedures other than full and open 
competitive procedures are to be used to enter into a contract, the 
Administrator of the Coalition Provisional Authority or the head of 
such executive agency of the United States shall submit not later than 
7 calendar days before the award of the contract a notification to the 
Committees on Appropriations, and the Committees on Government Reform 
and International Relations of the House of Representatives, and the 
Committees on Governmental Affairs and Foreign Relations of the Senate. 
Such notification shall provide the justification for use of other than 
full and open competitive procedures, a brief description of the 
contract's scope, the amount of the contract, a discussion of how the 
contracting agency identified and solicited offers from contractors, a 
list of the contractors solicited, and the justification and approval 
documents (as required under section 303(f)(1) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on which 
was based the determination of use of procedures other than full and 
open competitive procedures.
    (c)(1) This section shall not apply to contracts of less than 
$5,000,000.
    (2) This section also shall apply to any extension, amendment or 
modification of contracts entered into prior to the enactment of this 
Act using other than full and open competitive procedures using Iraq 
Relief and Reconstruction Funds in this Act and under Public Law 108-11 
or funds made available in prior Foreign Operations, Export Financing 
and Related Programs Appropriations Acts.
    (3) This section shall not apply to contracts authorized by the 
Small Business Act (15 U.S.C. 631 et seq.).
    Sec. 2203. (a) Disclosure Required.--
        (1) Publication and public availability.--The Administrator of 
    the Coalition Provisional Authority or the head of an executive 
    agency of the United States that enters into a contract for 
    assistance for Iraq, using funds described in paragraph (2), 
    through the use of other than full and open competitive procedures, 
    shall publish in the Federal Register or Federal Business 
    Opportunities, and otherwise make available to the public, 
    including publication on the Coalition Provisional Authority's 
    website, not later than 7 days before the date on which the 
    contract is entered into, the following information:
            (A) The amount of the contract.
            (B) A brief description of the scope of the contract.
            (C) A discussion of how the executive agency and, when 
        applicable, the Coalition Provisional Authority, identified, 
        and solicited offers from, potential contractors to perform the 
        contract, together with a list of the potential contractors 
        that were issued solicitations for the offers.
            (D) The justification and approval documents (as required 
        under section 303(f)(1) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on 
        which was based the determination to use procedures other than 
        competitive procedures.
        (2) Funds.--The funds referred to in paragraph (1) are any 
    funds under the heading ``Iraq Relief and Reconstruction Fund'' in 
    this Act, and under the same heading in Public Law 108-11.
        (3) Applicability.--
            (A) This section shall also apply to any extension, 
        amendment or modification of contracts entered into prior to 
        the enactment of this Act using other than full and open 
        competitive procedures using Iraq Relief and Reconstruction 
        Funds in this Act and under Public Law 108-11 or funds made 
        available in prior Foreign Operations, Export Financing and 
        Related Programs Appropriations Acts.
            (B) This section shall not apply to contracts of less than 
        $5,000,000.
            (C) This section shall not apply to contracts authorized by 
        the Small Business Act (15 U.S.C. 631 et seq.).
    (b) Classified Information.--
        (1) Authority to withhold.--The head of an executive agency 
    may--
            (A) withhold from publication and disclosure under 
        subsection (a) any document that is classified for restricted 
        access in accordance with an Executive order in the interest of 
        national defense or foreign policy; and
            (B) redact any part so classified that is in a document not 
        so classified before publication and disclosure of the document 
        under subsection (a).
        (2) Availability to congress.--In any case in which the head of 
    an executive agency withholds information under paragraph (1), the 
    head of such executive agency shall make available an unredacted 
    version of the document containing that information to the chairman 
    and ranking member of each of the following committees of Congress:
            (A) The Committee on Governmental Affairs of the Senate and 
        the Committee on Government Reform of the House of 
        Representatives.
            (B) The Committees on Appropriations of the Senate and the 
        House of Representatives.
            (C) Each committee that the head of the executive agency 
        determines has legislative jurisdiction for the operations of 
        such department or agency to which the information related.
    (c) Relationship to Other Disclosure Laws.--Nothing in this section 
shall be construed as affecting obligations to disclose United States 
Government information under any other provision of law.
    (d) Definitions.--In this section and section 2202 of this Act, the 
terms ``full and open competitive procedures'' and ``executive agency'' 
have the meanings given such terms in section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403).
    Sec. 2204. Section 1503 of Public Law 108-11 is amended--
        (1) by striking ``equipment'' and inserting in lieu thereof 
    ``equipment, including equipment''; and
        (2) by striking ``2004'' and inserting in lieu thereof 
    ``2005''.
    Sec. 2205. Section 1504 of Public Law 108-11 is amended by--
        (1) in the first proviso, striking the first proviso, and 
    inserting in lieu thereof: ``Provided, That, subject to the 
    notification requirements of this section, exports may be 
    authorized of lethal military equipment designated by the Secretary 
    of State for use by a reconstituted (or interim) Iraqi military or 
    police force, and of small arms designated by the Secretary of 
    State for use for private security purposes:''; and
        (2) in the last proviso, striking ``2004'' and inserting in 
    lieu thereof ``2005''.
    Sec. 2206. Section 202(b) of the Afghanistan Freedom Support Act of 
2002 (Public Law 107-327) is amended by striking ``$300,000,000'' and 
inserting in lieu thereof ``$450,000,000''.
    Sec. 2207. (a) The Director of the Office of Management and Budget, 
in consultation with the Administrator of the Coalition Provisional 
Authority (CPA) and the Committees on Appropriations, shall submit to 
the Committees on Appropriations not later than January 5, 2004 and 
prior to the initial obligation of funds appropriated by this Act under 
the heading ``Iraq Relief and Reconstruction Fund'' a report on the 
proposed uses of all funds under this heading on a project-by-project 
basis, for which the obligation of funds is anticipated during the 3 
month period from such date, including estimates by the CPA of the 
costs required to complete each such project: Provided, That up to 20 
percent of funds appropriated under such heading may be obligated 
before the submission of the report: Provided further, That in addition 
such report shall include the following:
        (1) The use of all funds on a project-by-project basis for 
    which funds appropriated under such heading were obligated prior to 
    the submission of the report, including estimates by the CPA of the 
    costs required to complete each project.
        (2) The distribution of duties and responsibilities regarding 
    such projects among the agencies of the United States Government.
        (3) Revenues to the CPA attributable to or consisting of funds 
    provided by foreign governments and international organizations, 
    disaggregated by donor, any obligations or expenditures of such 
    revenues, and the purpose of such obligations and expenditures.
        (4) Revenues to the CPA attributable to or consisting of 
    foreign assets seized or frozen, any obligations or expenditures of 
    such revenues, and the purpose of such obligations and 
    expenditures.
    (b) Any proposed new projects and increases in funding of ongoing 
projects shall be reported to the Committees on Appropriations in 
accordance with regular notification procedures.
    (c) The report required by subsection (a) shall be updated and 
submitted to the Committees on Appropriations every 3 months and shall 
include information on how the estimates and assumptions contained in 
previous reports have changed.
    (d) The requirements of this section shall expire on October 1, 
2007.
    Sec. 2208. Any reference in this chapter to the ``Coalition 
Provisional Authority in Iraq'' or the ``Coalition Provisional 
Authority'' shall be deemed to include any successor United States 
Government entity with the same or substantially the same authorities 
and responsibilities as the Coalition Provisional Authority in Iraq.
    Sec. 2209. Assistance or other financing under chapter 2 of this 
title may be provided for Iraq and Afghanistan notwithstanding any 
other provision of law not contained in this Act that restricts 
assistance to foreign countries and section 660 of the Foreign 
Assistance Act of 1961: Provided, That funds made available for Iraq 
pursuant to the authority of this section shall be subject to the 
regular reprogramming notification procedures of the Committees on 
Appropriations and section 634A of the Foreign Assistance Act of 1961, 
except that notification shall be transmitted at least 5 days in 
advance of obligation.
    Sec. 2210. Funds made available in chapter 2 of this title are made 
available notwithstanding section 10 of Public Law 91-672 and section 
15 of the State Department Basic Authorities Act of 1956, as amended.
    Sec. 2211. Notwithstanding any other provision of law, the Overseas 
Private Investment Corporation is authorized to undertake any program 
authorized by title IV of the Foreign Assistance Act of 1961 in Iraq: 
Provided, That funds made available pursuant to the authority of this 
section shall be subject to the regular reprogramming notification 
procedures of the Committees on Appropriations.
    Sec. 2212. In addition to transfer authority otherwise provided in 
chapter 2 of this title, any appropriation made available in chapter 2 
of this title may be transferred between such appropriations, to be 
available for the same purposes and the same time as the appropriation 
to which transferred: Provided, That the total amount transferred 
pursuant to this section shall not exceed $100,000,000: Provided 
further, That the Secretary of State shall consult with the Committees 
on Appropriations prior to exercising the authority contained in this 
section: Provided further, That funds made available pursuant to the 
authority of this section shall be subject to the regular notification 
procedures of the Committees on Appropriations, except that 
notification shall be transmitted at least 10 days in advance of the 
obligation of funds.
    Sec. 2213. Public Law 107-57 is amended--
        (1) in section 1(b), by striking ``2003'' wherever appearing 
    (including in the caption), and inserting in lieu thereof ``2004'';
        (2) in section 3(2), by striking ``Foreign Operations, Export 
    Financing, and Related Programs Appropriations Act, 2002, as is'' 
    and inserting in lieu thereof ``annual foreign operations, export 
    financing, and related programs appropriations Acts for fiscal 
    years 2002, 2003, and 2004, as are''; and
        (3) in section 6, by striking ``2003'' and inserting in lieu 
    thereof ``2004''.
    Sec. 2214. The Afghanistan Freedom Support Act of 2002 (Public Law 
107-327), is amended in section 108(a), by striking ``$425,000,000 for 
each of the fiscal years 2003 through 2006'' and inserting in lieu 
thereof ``$1,825,000,000 for fiscal year 2004 and $425,000,000 for each 
of fiscal years 2005 and 2006''.
    Sec. 2215. Reports on Iraq and Afghanistan. (a)(1) The Coalition 
Provisional Authority (CPA) shall, on a monthly basis until September 
30, 2006, submit a report to the Committees on Appropriations which 
details, for the preceding month, Iraqi oil production and oil 
revenues, and uses of such revenues.
    (2) The first report required by this subsection shall be submitted 
not later than 30 days after enactment of this Act.
    (3) The reports required by this subsection shall also be made 
publicly available in both English and Arabic, including through the 
CPA's Internet website.
    (b) The Secretary of State, in consultation with the heads of other 
relevant Federal agencies, shall submit a report to the Committees on 
Appropriations not later than 90 days after enactment of this Act 
detailing:
        (1) the amount of debt incurred by the Government of Saddam 
    Hussein in Iraq, the impact forgiveness of such debt would have on 
    reconstruction and long-term prosperity in Iraq, and the estimated 
    amount that Iraq will pay, or that will be paid on behalf of Iraq, 
    to a foreign country to service such debt during fiscal year 2004;
        (2) the efforts of the Government of the United States to 
    increase resources contributed by foreign countries and 
    international organizations, including the United Nations, to the 
    reconstruction and rehabilitation of Iraq and to increase 
    international participation in peacekeeping and security efforts in 
    Iraq;
        (3) the manner in which the needs of people with disabilities 
    are being addressed in the development and implementation of 
    programs, projects and activities funded by the United States 
    Government in Iraq and Afghanistan;
        (4) the progress being made toward indicting and trying leaders 
    of the former Iraqi regime for war crimes, genocide, and crimes 
    against humanity; and
        (5) the efforts of relevant Iraqi officials and legal advisors 
    to ensure that a new Iraqi constitution preserves religious freedom 
    and tolerance of all faiths.
    (c) Title III of Public Law 107-327 is amended as follows by 
inserting the following new section:

``SEC. 304. REPORTS.

    ``The Secretary of State shall submit reports to the Committees on 
Foreign Relations and Appropriations of the Senate, and the Committees 
on International Relations and Appropriations of the House of 
Representatives on progress made in accomplishing the `Purposes of 
Assistance' set forth in section 102 of this Act utilizing assistance 
provided by the United States for Afghanistan. The first report shall 
be submitted no later than December 31, 2003, and subsequent reports 
shall be submitted in conjunction with reports required under section 
303 of this title and thereafter through December 31, 2004.''.
    Sec. 2216. None of the funds appropriated or otherwise made 
available under chapter 2 of title II of this Act may be obligated or 
expended for any activity in contravention of Articles 1 and 4 of the 
Optional Protocol to the Convention on the Rights of the Child on the 
Involvement of Children in Armed Conflicts.
    Sec. 2217. Participation of Women in Afghanistan and Iraq 
Reconstruction. (a) Governance.--Activities carried out by the United 
States with respect to the civilian governance of Afghanistan and Iraq 
shall, to the maximum extent practicable--
        (1) include the perspectives and advice of women's 
    organizations in Afghanistan and Iraq, respectively; and
        (2) promote the high level participation of women in future 
    legislative bodies and ministries and ensure that human rights for 
    women are upheld in any constitution or legal institution of 
    Afghanistan and Iraq, respectively.
    (b) Post-conflict Reconstruction and Development.--Activities 
carried out by the United States with respect to post-conflict 
stability in Afghanistan and Iraq shall, to the maximum extent 
practicable--
        (1) encourage the United States organizations that receive 
    funds made available by this Act to provide significant financial 
    resources, technical assistance and capacity building to 
    counterpart organizations led by Afghans and Iraqis, respectively;
        (2) increase the access of women to, or ownership by women of, 
    productive assets such as land, water, agricultural inputs, credit, 
    and property in Afghanistan and Iraq, respectively;
        (3) provide long-term financial assistance for education for 
    girls and women in Afghanistan and Iraq, respectively; and
        (4) integrate education and training programs for former 
    combatants in Afghanistan and Iraq, respectively, with economic 
    development programs to--
            (A) encourage the reintegration of such former combatants 
        into society; and
            (B) promote post-conflict stability in Afghanistan and 
        Iraq, respectively.
    (c) Military and Police.--Activities carried out by the United 
States with respect to training for military and police forces in 
Afghanistan and Iraq shall include training, designed in consultation 
with women's organizations in Afghanistan and Iraq, respectively, on 
the protection, rights, and particular needs of women.

  TITLE III--INSPECTOR GENERAL OF THE COALITION PROVISIONAL AUTHORITY

SEC. 3001. INSPECTOR GENERAL OF THE COALITION PROVISIONAL AUTHORITY.

    (a) Purposes.--The purposes of this section are as follows:
        (1) To provide for the independent and objective conduct and 
    supervision of audits and investigations relating to the programs 
    and operations of the Coalition Provisional Authority (CPA).
        (2) To provide for the independent and objective leadership and 
    coordination of, and recommendations on, policies designed to--
            (A) promote economy efficiency, and effectiveness in the 
        administration of such programs and operations; and
            (B) prevent and detect fraud and abuse in such programs and 
        operations.
        (3) To provide for an independent and objective means of 
    keeping the head of the Coalition Provisional Authority fully and 
    currently informed about problems and deficiencies relating to the 
    administration of such programs and operations and the necessity 
    for and progress for corrective action.
    (b) Office of Inspector General.--There is hereby established the 
Office of the Inspector General of the Coalition Provisional Authority.
    (c) Appointment of Inspector General; Removal.--(1) The head of the 
Office of the Inspector General of the Coalition Provisional Authority 
is the Inspector General of the Coalition Provisional Authority, who 
shall be appointed by the Secretary of Defense, in consultation with 
the Secretary of State.
    (2) The appointment of Inspector General shall be made solely on 
the basis of integrity and demonstrated ability in accounting, 
auditing, financial analysis, law, management analysis, public 
administration, or investigations.
    (3) The nomination of an individual as Inspector General shall be 
made not later than 30 days after the date of the enactment of this 
Act.
    (4) The Inspector General shall be removable from office in 
accordance with the provisions of section 3(b) of the Inspector General 
Act of 1978 (5 U.S.C. App.).
    (5) For purposes of section 7324 of title 5, United States Code, 
the Inspector General shall not be considered an employee who 
determines policies to be pursued by the United States in the 
nationwide administration of Federal law.
    (6) The annual rate of basic pay of the Inspector General shall be 
the annual rate of basic pay provided for positions at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code.
    (d) Assistant Inspectors General.--The Inspector General shall, in 
accordance with applicable laws and regulations governing the civil 
service--
        (1) appoint an Assistant Inspector General for Auditing who 
    shall have the responsibility for supervising the performance of 
    auditing activities relating to programs and operations of the 
    Coalition Provisional Authority; and
        (2) appoint an Assistant Inspector General for Investigations 
    who shall have the responsibility for supervising the performance 
    of investigative activities relating to such programs and 
    operations.
    (e) Supervision.--(1) Except as provided in paragraph (2), the 
Inspector General shall report directly to, and be under the general 
supervision of, the head of the Coalition Provisional Authority.
    (2) Neither the head of the Coalition Provisional Authority, any 
other officer of the Coalition Provisional Authority, nor any other 
officer of the Department of Defense, the Department of State, or the 
United States Agency for International Development shall prevent or 
prohibit the Inspector General from initiating, carrying out, or 
completing any audit or investigation, or from issuing any subpoena 
during the course of any audit or investigation.
    (f) Duties.--(1) It shall be the duty of the Inspector General to 
conduct, supervise, and coordinate audits and investigations of the 
treatment, handling, and expenditure of appropriated funds by the 
Coalition Provisional Authority in Iraq, and of the programs, 
operations, and contracts carried out utilizing such funds, including--
        (A) the oversight and accounting of the obligation and 
    expenditure of such funds;
        (B) the monitoring and review of reconstruction activities 
    funded by such funds;
        (C) the monitoring and review of contracts funded by such 
    funds;
        (D) the monitoring and review of the transfer of such funds and 
    associated information between and among the Coalition Provisional 
    Authority, other departments, agencies, and entities of the Federal 
    Government, and private and nongovernmental entities; and
        (E) the maintenance of records on the use of such funds to 
    facilitate future audits and investigations of the use of such 
    funds.
    (2) The Inspector General shall establish, maintain, and oversee 
such systems, procedures, and controls as the Inspector General 
considers appropriate to discharge the duty under paragraph (1).
    (3) In addition to the duties specified in paragraphs (1) and (2), 
the Inspector General shall also have the duties and responsibilities 
of inspectors general under the Inspector General Act of 1978.
    (4) In carrying out the duties, responsibilities, and authorities 
of the Inspector General under this section, the Inspector General 
shall coordinate with, and receive the cooperation of, the Inspector 
General of the Department of Defense.
    (5) In carrying out the duties, and responsibilities, and 
authorities of the Inspector General under this section, the Inspector 
General shall coordinate with, and receive the cooperation of the 
Inspector General of the United States Agency for International 
Development.
    (g) Powers and Authorities.--(1) In carrying out the duties 
specified in subsection (f), the Inspector General shall have the 
authorities provided in section 6 of the Inspector General Act of 1978.
    (2) The Inspector General shall carry out the duties specified in 
subsection (f)(1) in accordance with section 4(b)(1) of the Inspector 
General Act of 1978.
    (h) Personnel, Facilities, and Other Resources.--(1) The Inspector 
General may select, appoint, and employ such officers and employees as 
may be necessary for carrying out the duties of the Inspector General, 
subject to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and the provisions of chapter 
51 and subchapter III of chapter 53 of such title, relating to 
classification and General Schedule pay rates.
    (2) The Inspector General may obtain services as authorized by 
section 3109 of title 5, United States Code, at daily rates not to 
exceed the equivalent rate prescribed for grade GS-15 of the General 
Schedule by section 5332 of such title.
    (3) To the extent and in such amounts as may be provided in advance 
by appropriations Acts, the Inspector General my enter into contracts 
and other arrangements for audits, studies, analyses, and other 
services with public agencies and with private persons, and make such 
payments as may be necessary to carry out the duties of the Inspector 
General.
    (4)(A) Upon request of the Inspector General for information or 
assistance from any department, agency, or other entity of the Federal 
Government, the head of such entity shall, insofar as is practicable 
and not in contravention of any existing law, furnish such information 
or assistance to the Inspector General, or an authorized designee.
    (B) Whenever information or assistance requested by the Inspector 
General is, in the judgment of the Inspector General, unreasonably 
refused or not provided, the Inspector General shall report the 
circumstances to the head of the Coalition Provisional Authority and to 
the appropriate committees of Congress without delay.
    (5) The head of the Coalition Provisional Authority shall provide 
the Inspector General with appropriate and adequate office space at the 
central and field office locations of the Coalition Provisional 
Authority, together with such equipment, office supplies, and 
communications facilities and services as may be necessary for the 
operation of such offices, and shall provide necessary maintenance 
services for such offices and the equipment and facilities located 
therein.
    (i) Reports.--(1) Not later than March 30, 2004, and every calendar 
quarter thereafter, the Inspector General shall submit to the 
appropriate committees of Congress a report summarizing the activities 
of the Inspector General and the Coalition Provisional Authority during 
the 120-day period ending on the date of such report. Each report shall 
include, for the period covered by such report, a detailed statement of 
all obligations, expenditures, and revenues associated with 
reconstruction and rehabilitation activities in Iraq, including the 
following:
        (A) Obligations and expenditures of appropriated funds.
        (B) A project-by-project and program-by-program accounting of 
    the costs incurred to date for the reconstruction of Iraq, together 
    with the estimate of the Coalition Provisional Authority of the 
    costs to complete each project and each program.
        (C) Revenues attributable to or consisting of funds provided by 
    foreign nations or international organizations, and any obligations 
    or expenditures of such revenues.
        (D) Revenues attributable to or consisting of foreign assets 
    seized or frozen, and any obligations or expenditures of such 
    revenues.
        (E) Operating expenses of the Coalition Provisional Authority 
    and of any other agencies or entities receiving appropriated funds.
        (F) In the case of any contract described in paragraph (2)--
            (i) the amount of the contract or other agreement;
            (ii) a brief discussion of the scope of the contract or 
        other agreement;
            (iii) a discussion of how the Coalition Provisional 
        Authority identified, and solicited offers from, potential 
        contractors to perform the contract, together with a list of 
        the potential contractors that were issued solicitations for 
        the offers; and
            (iv) the justification and approval documents on which was 
        based the determination to use procedures other than procedures 
        that provide for full and open competition.
    (2) A contract described in this paragraph is any major contract or 
other agreement that is entered into by the Coalition Provisional 
Authority with any public or private sector entity for any of the 
following purposes:
        (A) To build or rebuild physical infrastructure of Iraq.
        (B) To establish or reestablish a political or societal 
    institution of Iraq.
        (C) To provide products or services to the people of Iraq.
    (3) Not later than June 30, 2004, and semiannually thereafter, the 
Inspector General shall submit to the appropriate committees of 
Congress a report meeting the requirements of section 5 of the 
Inspector General Act of 1978.
    (4) The Inspector General shall publish each report under this 
subsection in both English and Arabic on the Internet website of the 
Coalition Provisional Authority.
    (5) Each report under this subsection may include a classified 
annex if the Inspector General considers it necessary.
    (6) Nothing in this subsection shall be construed to authorize the 
public disclosure of information that is--
        (A) specifically prohibited from disclosure by any other 
    provision of law;
        (B) specifically required by Executive order to be protected 
    from disclosure in the interest of national defense or national 
    security or in the conduct of foreign affairs; or
        (C) a part of an ongoing criminal investigation.
    (j) Report Coordination.--(1) The Inspector General shall also 
submit each report under subsection (i) to the head of the Coalition 
Provisional Authority.
    (2)(A) Not later than 30 days after receipt of a report under 
paragraph (1), the head of the Coalition Provisional Authority may 
submit to the appropriate committees of Congress any comments on the 
matters covered by the report as the head of the Coalition Provisional 
Authority considers appropriate.
    (B) A report under this paragraph may include a classified annex if 
the head of the Coalition Provisional Authority considers it necessary.
    (k) Transparency.--(1) Not later than 60 days after the date of the 
submittal to Congress of a report under subsection (i), the head of the 
Coalition Provisional Authority shall make copies of such report 
available to the public upon request, and at a reasonable cost.
    (2) Not later than 60 days after the date of the submittal to 
Congress under subsection (j)(2) of comments on a report under 
subsection (i), the head of the Coalition Provisional Authority shall 
make copies of such comments available to the public upon request, and 
at a reasonable cost.
    (l) Waiver.--(1) The President may waive the requirement under 
paragraph (1) or (3) of subsection (i) for the inclusion in a report 
under such paragraph of any element otherwise provided for under such 
paragraph if the President determines that the waiver is justified for 
national security reasons.
    (2) The President shall publish a notice of each waiver made under 
this subsection in the Federal Register no later than the date on which 
the reports required under paragraph (1) or (3) of subsection (i) are 
submitted to Congress. The reports required under paragraph (1) or (3) 
of subsection (i) shall specify whether waivers under this subsection 
were made and with respect to which elements.
    (m) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
        (1) the Committees on Appropriations, Armed Services, and 
    Foreign Relations of the Senate; and
        (2) the Committees on Appropriations, Armed Services, and 
    International Relations of the House of Representatives.
    (n) Funding.--(1) Of the amounts appropriated for fiscal year 2004 
for the Operating Expenses of the Coalition Provisional Authority in 
title II of this Act, $75,000,000 shall be available to carry out this 
section.
    (2) The amount available under paragraph (1) shall remain available 
until expended.
    (o) The Office of Inspector General shall terminate 6 months after 
the authorities and duties of the Coalition Provisional Authority cease 
to exist.

                 TITLE IV--GENERAL PROVISIONS, THIS ACT

    Sec. 4001. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 4002. The amounts provided in this Act are designated by the 
Congress as an emergency requirement pursuant to section 502 of H. Con. 
Res. 95 (108th Congress).
    Sec. 4003. For purposes of computing the amount of a payment for an 
eligible local educational agency under section 8003(a) of the 
Elementary and Secondary Education Act (20 U.S.C. 7703(a)) for school 
year 2003-2004, children enrolled in a school of such agency who would 
otherwise be eligible to be claimed for payment under section 
8003(a)(1)(B) of such Act, but due to the deployment of both parents or 
legal guardians, or a parent or legal guardian having sole custody of 
such children, or due to the death of a military parent or legal 
guardian while on active duty (so long as such children reside on 
Federal property as described in section 8003(a)(1)(B)), are no longer 
eligible under such section, shall be considered as eligible students 
under such section, provided such students remain in average daily 
attendance at a school in the same local educational agency they 
attended prior to their change in eligibility status.
    This Act may be cited as the ``Emergency Supplemental 
Appropriations Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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