IB 

108TH CONGRESS 

1ST SESSION H. R. 3289

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 17, 2003

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2004, and for other pur6 poses, namely:
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1 TITLE I—NATIONAL SECURITY 

2 CHAPTER 1

3 DEPARTMENT OF DEFENSE—MILITARY 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For an additional amount for ‘‘Military Personnel, 

7 Army’’, $12,188,870,000: 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 MILITARY PERSONNEL, NAVY

13 For an additional amount for ‘‘Military Personnel, 

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

15 is designated by the Congress as an emergency require16 ment pursuant to section 502 of H. Con. Res. 95 (108th 

17 Congress), the concurrent resolution on the budget for fis18 cal year 2004. 

19 MILITARY PERSONNEL, MARINE CORPS

20 For an additional amount for ‘‘Military Personnel, 

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

22 amount is designated by the Congress as an emergency 

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

24 (108th Congress), the concurrent resolution on the budget 

25 for fiscal year 2004. 
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1 MILITARY PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Military Personnel, 

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

4 amount is designated by the Congress as an emergency 

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

6 (108th Congress), the concurrent resolution on the budget 

7 for fiscal year 2004. 

8 OPERATION AND MAINTENANCE 

9 OPERATION AND MAINTENANCE, ARMY

10 For an additional amount for ‘‘Operation and Main11 tenance, Army’’, $24,355,664,000 (decreased by 

12 $98,000,000): 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 OPERATION AND MAINTENANCE, NAVY

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Operation and Main20 tenance, Navy’’, $1,934,058,000, of which up to 

21 $80,000,000 may be transferred to the Department of 

22 Homeland Security for Coast Guard Operations: 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 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Main5 tenance, Marine Corps’’, $1,198,981,000: Provided, That 

6 the entire amount is designated by the Congress as an 

7 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 OPERATION AND MAINTENANCE, AIR FORCE

11 For an additional amount for ‘‘Operation and Main12 tenance, Air Force’’, $5,598,368,000: Provided, That the 

13 entire 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 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 For an additional amount for ‘‘Operation and Main19 tenance, Defense-Wide’’, $4,485,452,000 (reduced by 

20 $50,000,000) (increased by $50,000,000), of which—

21 (1) not to exceed $15,000,000 may be used for 

22 the CINC Initiative Fund account, to be used pri23 marily in Iraq and Afghanistan; and 

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

25 available until expended, may be used, notwith-
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1 standing any other provision of law, for payments to 

2 reimburse Pakistan, Jordan, and other key cooper3 ating nations, for logistical and military support pro4 vided, or to be provided, to United States military 

5 operations in connection with military action in Iraq 

6 and the global war on terrorism: Provided, That 

7 such payments may be made in such amounts as the 

8 Secretary of Defense, with the concurrence of the 

9 Secretary of State, and in consultation with the Di10 rector of the Office of Management and Budget, 

11 may determine, in his discretion, based on docu12 mentation determined by the Secretary of Defense to 

13 adequately account for the support provided, and 

14 such determination is final and conclusive upon the 

15 accounting officers of the United States, and 15 

16 days following notification to the appropriate con17 gressional committees: Provided further, That the 

18 Secretary of Defense shall provide quarterly reports 

19 to the Committees on Appropriations on the use of 

20 these funds: Provided further, That the entire 

21 amount is designated by the Congress as an emer22 gency requirement pursuant to section 502 of H. 

23 Con. Res. 95 (108th Congress), the concurrent reso24 lution on the budget for fiscal year 2004. 
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For an additional amount for ‘‘Operation and Main4 tenance, Marine Corps Reserve’’, $16,000,000: 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 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

10 For an additional amount for ‘‘Operation and Main11 tenance, Air Force Reserve’’, $53,000,000: Provided, That 

12 the entire amount is designated by the Congress as an 

13 emergency requirement pursuant to section 502 of H. 

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

15 on the budget for fiscal year 2004. 

16 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

17 For an additional amount for ‘‘Operation and Main18 tenance, Air National Guard’’, $214,000,000: Provided, 

19 That the entire amount is designated by the Congress as 

20 an emergency requirement pursuant to section 502 of H. 

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

22 on the budget for fiscal year 2004. 

23 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

24 For an additional amount for ‘‘Overseas Humani25 tarian, Disaster, and Civic Aid’’, $35,500,000: Provided, 
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1 That the entire amount is designated by the Congress as 

2 an emergency requirement pursuant to section 502 of H. 

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

4 on the budget for fiscal year 2004. 

5 IRAQ FREEDOM FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For ‘‘Iraq Freedom Fund’’, $1,988,600,000 (in8 creased by $98,000,000), to remain available for transfer 

9 until September 30, 2005, for the purposes authorized 

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

11 the Secretary of Defense may transfer the funds provided 

12 herein to appropriations for military personnel; operation 

13 and maintenance; Overseas Humanitarian, Disaster, and 

14 Civic Aid; procurement; military construction; the Defense 

15 Health Program; and working capital funds: Provided fur16 ther, That funds transferred shall be merged with and be 

17 available for the same purposes and for the same time pe18 riod as the appropriation or fund to which transferred: 

19 Provided further, That this transfer authority is in addi20 tion to any other transfer authority available to the De21 partment of Defense: Provided further, That upon a deter22 mination that all or part of the funds transferred from 

23 this appropriation are not necessary for the purposes pro24 vided herein, such amounts may be transferred back to 

25 this appropriation: Provided further, That the Secretary 
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1 of Defense shall, not fewer than 5 days prior to making 

2 transfers from this appropriation, notify the congressional 

3 defense committees of any such transfer: Provided further,

4 That the Secretary shall submit a report no later than 

5 30 days after the end of each fiscal quarter to the congres6 sional defense committees summarizing the details of the 

7 transfer of funds from this appropriation: Provided fur8 ther, That the entire amount is designated by the Congress 

9 as an emergency requirement pursuant to section 502 of 

10 H. Con. Res. 95 (108th Congress), the concurrent resolu11 tion on the budget for fiscal year 2004. 

12 PROCUREMENT 

13 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

14 VEHICLES, ARMY

15 For an additional amount for ‘‘Procurement of Weap16 ons and Tracked Combat Vehicles, Army’’, $101,600,000, 

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

18 That the entire amount is designated by the Congress as 

19 an emergency requirement pursuant to section 502 of H. 

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

21 on the budget for fiscal year 2004. 

22 OTHER PROCUREMENT, ARMY

23 For an additional amount for ‘‘Other Procurement, 

24 Army’’, $1,250,287,000, to remain available until Sep25 tember 30, 2006: Provided, That the entire amount is des-
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1 ignated by the Congress as an emergency requirement 

2 pursuant to section 502 of H. Con. Res. 95 (108th Con3 gress), the concurrent resolution on the budget for fiscal 

4 year 2004. 

5 AIRCRAFT PROCUREMENT, NAVY

6 For an additional amount for ‘‘Aircraft Procurement, 

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

8 30, 2006: Provided, That the entire amount is designated 

9 by the Congress as an emergency requirement pursuant 

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

11 concurrent resolution on the budget for fiscal year 2004. 

12 OTHER PROCUREMENT, NAVY

13 For an additional amount for ‘‘Other Procurement, 

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

15 30, 2006: Provided, That the entire amount is designated 

16 by the Congress as an emergency requirement pursuant 

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

18 concurrent resolution on the budget for fiscal year 2004. 

19 PROCUREMENT, MARINE CORPS

20 For an additional amount for ‘‘Procurement, Marine 

21 Corps’’, $123,397,000, to remain available until Sep22 tember 30, 2006: Provided, That the entire amount is des23 ignated by the Congress as an emergency requirement 

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

2 year 2004. 

3 AIRCRAFT PROCUREMENT, AIR FORCE

4 For an additional amount for ‘‘Aircraft Procurement, 

5 Air Force’’, $53,972,000, 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 MISSILE PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Missile Procurement, 

13 Air Force’’, $20,450,000, to remain available until Sep14 tember 30, 2006: Provided, That the entire amount is des15 ignated by the Congress as an emergency requirement 

16 pursuant to section 502 of H. Con. Res. 95 (108th Con17 gress), the concurrent resolution on the budget for fiscal 

18 year 2004. 

19 OTHER PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Other Procurement, 

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

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

23 designated by the Congress as an emergency requirement 

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

2 year 2004. 

3 PROCUREMENT, DEFENSE-WIDE

4 For an additional amount for ‘‘Procurement, De5 fense-Wide’’, $418,635,000, 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 RESEARCH, DEVELOPMENT, TEST AND 

12 EVALUATION 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 NAVY

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Navy’’, $34,000,000, to re17 main available until September 30, 2005: Provided, That 

18 the entire amount is designated by the Congress as an 

19 emergency requirement pursuant to section 502 of H. 

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

21 on the budget for fiscal year 2004. 

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

23 AIR FORCE

24 For an additional amount for ‘‘Research, Develop25 ment, Test and Evaluation, Air Force’’, $39,070,000, to 
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1 remain available until September 30, 2005: 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 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 DEFENSE-WIDE

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Defense-Wide’’, 

10 $195,817,000, to remain available until September 30, 

11 2005: 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 REVOLVING AND MANAGEMENT FUNDS 

16 DEFENSE WORKING CAPITAL FUNDS

17 For an additional amount for ‘‘Defense Working 

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

19 amount is designated by the Congress as an emergency 

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

21 (108th Congress), the concurrent resolution on the budget 

22 for fiscal year 2004. 

23 NATIONAL DEFENSE SEALIFT FUND

24 For an additional amount for ‘‘National Defense Sea25 lift Fund’’, $24,000,000, to remain available until ex-
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1 pended: Provided, That the entire amount is designated 

2 by the Congress as an emergency requirement pursuant 

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

4 concurrent resolution on the budget for fiscal year 2004. 

5 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

6 DEFENSE HEALTH PROGRAM

7 For an additional amount for ‘‘Defense Health Pro8 gram’’, $658,380,000 for Operation and maintenance: 

9 Provided, That the entire amount is designated by the 

10 Congress as an emergency requirement pursuant to sec11 tion 502 of H. Con. Res. 95 (108th Congress), the concur12 rent resolution on the budget for fiscal year 2004. 

13 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

14 DEFENSE

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for ‘‘Drug Interdiction and 

17 Counter-Drug Activities, Defense’’, $73,000,000: Pro18 vided, That these funds may be used for such activities 

19 related to Afghanistan: Provided further, That the Sec20 retary of Defense may transfer the funds provided herein 

21 only to appropriations for military personnel; operation 

22 and maintenance; procurement; and research, develop23 ment, test and evaluation: Provided further, That the 

24 funds transferred shall be merged with and be available 

25 for the same purposes and for the same time period, as 
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1 the appropriation to which transferred: Provided further,

2 That the transfer authority provided in this paragraph is 

3 in addition to any other transfer authority available to the 

4 Department of Defense: Provided further, That the entire 

5 amount is designated by the Congress as an emergency 

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

7 (108th Congress), the concurrent resolution on the budget 

8 for fiscal year 2004. 

9 RELATED AGENCIES 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For an additional amount for ‘‘Intelligence Commu13 nity Management Account’’, $21,500,000, to remain avail14 able until September 30, 2005; of which $3,000,000 may 

15 be transferred to and merged with the Department of En16 ergy, ‘‘Other Defense Activities’’, and $15,500,000 may 

17 be transferred to and merged with the Federal Bureau of 

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

19 such amounts are designated by the Congress as an emer20 gency requirement pursuant to section 502 of H. Con. 

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

22 the budget for fiscal year 2004. 
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1 GENERAL PROVISIONS—THIS CHAPTER 

2 (TRANSFER OF FUNDS)

3 SEC. 1101. Upon his determination that such action 

4 is necessary in the national interest, the Secretary of De5 fense may transfer between appropriations up to 

6 $3,000,000,000 of the funds made available to the De7 partment of Defense in this chapter: Provided, That the 

8 Secretary shall notify the Congress promptly of each 

9 transfer made pursuant to this authority: Provided further,

10 That the transfer authority provided in this section is in 

11 addition to any other transfer authority available to the 

12 Department of Defense: Provided further, That the au13 thority in this section is subject to the same terms and 

14 conditions as the authority provided in section 8005 of the 

15 Department of Defense Appropriations Act, 2004, except 

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

17 amount is designated by the Congress as an emergency 

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

19 (108th Congress), the concurrent resolution on the budget 

20 for fiscal year 2004. 

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

22 available by the transfer of funds in or pursuant to this 

23 Act, for intelligence activities are deemed to be specifically 

24 authorized by the Congress for purposes of section 504 

25 of the National Security Act of 1947 (50 U.S.C. 414). 
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1 SEC. 1103. Sections 1318 and 1319 of the Emer2 gency Wartime Supplemental Appropriations Act, 2003 

3 (Public Law 108–11; 117 Stat. 571), shall remain in ef4 fect during fiscal year 2004. 

5 SEC. 1104. From October 1, 2003, through Sep6 tember 30, 2004, (a) the rates of pay authorized by sec7 tion 310(a) of title 37, United States Code, shall be $225; 

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

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

10 SEC. 1105. DEFENSE EMERGENCY RESPONSE FUND

11 CLOSE-OUT AUTHORITY.—(a) Section 1313 of the Emer12 gency Wartime Supplemental Appropriations Act, 2003 

13 (Public Law 108–11; 117 Stat. 569), is amended by in14 serting ‘‘unobligated’’ before ‘‘balances’’. 

15 (b) Effective November 1, 2003, adjustments to obli16 gations that before such date would have been properly 

17 chargeable to the Defense Emergency Response Fund 

18 shall be charged to any current appropriations account of 

19 the Department of Defense available for the same purpose. 

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

21 available in this Act to the Department of Defense for op22 eration and maintenance may be used, notwithstanding 

23 any other provision of law, to provide supplies, services, 

24 transportation, including airlift and sealift, and other 

25 logistical support to coalition forces supporting military 
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1 and stability operations in Iraq: Provided, That the Sec2 retary of Defense shall provide quarterly reports to the 

3 congressional defense committees regarding support pro4 vided under this section. 

5 SEC. 1107. Notwithstanding any other provision of 

6 law, from funds made available in this Act to the Depart7 ment of Defense under ‘‘Operation and Maintenance, De8 fense-Wide’’, not to exceed $100,000,000 may be used by 

9 the Secretary of Defense, with the concurrence of the Sec10 retary of State, to provide assistance only to the New Iraqi 

11 Army and the Afghan National Army to enhance their ca12 pability to combat terrorism and to support U.S. military 

13 operations in Iraq and Afghanistan: Provided, That such 

14 assistance may include the provision of equipment, sup15 plies, services, training and funding: Provided further,

16 That the authority to provide assistance under this section 

17 is in addition to any other authority to provide assistance 

18 to foreign nations: Provided further, That the Secretary 

19 of Defense shall notify the congressional defense commit20 tees not less than 15 days before providing assistance 

21 under the authority of this section. 

22 SEC. 1108. None of the funds provided in this chap23 ter may be used to finance programs or activities denied 

24 by Congress in fiscal year 2004 appropriations to the De25 partment of Defense or to initiate a procurement or re-
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1 search, development, test and evaluation new start pro2 gram without prior notification to the congressional de3 fense committees. 

4 SEC. 1109. In addition to amounts made available 

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

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

7 recovery and repair of damage due to natural disasters 

8 including Hurricane Isabel, to be distributed as follows: 

9 ‘‘Operation and Maintenance, Army’’, 

10 $73,600,000; 

11 ‘‘Operation and Maintenance, Navy’’, 

12 $126,400,000; 

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

14 $9,200,000; 

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

16 $201,900,000; and 

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

18 Provided, That the entire amount is designated by the 

19 Congress as an emergency requirement pursuant to sec20 tion 502 of H. Con. Res. 95 (108th Congress), the concur21 rent resolution on the budget for fiscal year 2004. 

22 SEC. 1110. During the current fiscal year, from 

23 funds made available in this Act to the Department of De24 fense for operation and maintenance, not to exceed 

25 $180,000,000 may be used, notwithstanding any other 
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1 provision of law, to fund the Commander’s Emergency Re2 sponse Program, established by the Administrator of the 

3 Coalition Provisional Authority for the purpose of enabling 

4 military commanders in Iraq to respond to urgent humani5 tarian relief and reconstruction requirements within their 

6 areas of responsibility by carrying out programs that will 

7 immediately assist the Iraqi people, and to establish and 

8 fund a similar program to assist the people of Afghani9 stan: Provided, That the Secretary of Defense shall pro10 vide quarterly reports, beginning on January 15, 2004, 

11 to the congressional defense committees regarding the 

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

13 available pursuant to the authority provided in this sec14 tion. 

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

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

17 submit to the congressional defense committees a report 

18 describing an Analysis of Alternatives for replacing the ca19 pabilities of the existing Air Force fleet of KC–135 tanker 

20 aircraft. 

21 ENHANCEMENTS TO EXEMPTION FOR MEMBERS WITH

22 COMBAT-RELATED INJURIES FROM REQUIREMENT

23 FOR PAYMENT OF SUBSISTENCE CHARGES WHILE

24 HOSPITALIZED

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

26 Subsection (c) of section 1075 of title 10, United States 
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1 Code (as added by section 8146(a)(2) of the Department 

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

3 87)), is repealed. 

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

5 of the Department of Defense Appropriations Act, 2004 

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

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

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

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

10 hospitalization on or after September 11, 2001, because 

11 of an injury covered by that subsection that is incurred 

12 on or after that date. 

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

14 101 of title 37, United States Code) shall take such action 

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

16 ‘‘(A) refunding any amount previously paid 

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

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

19 required to make such payment; and 

20 ‘‘(B) waiving recovery of any unpaid amount 

21 for which a person has previously been charged 

22 under that section and which that person, by reason 

23 of paragraph (1), is not required to pay.’’. 
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1 CHAPTER 2

2 DEPARTMENT OF HOMELAND SECURITY 

3 UNITED STATES COAST GUARD 

4 OPERATING EXPENSES

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

6 $23,183,000, for costs related to Hurricane Isabel dam7 age: Provided, That the entire amount is designated by 

8 the Congress as an emergency requirement pursuant to 

9 section 502 of H. Con. Res. 95 (108th Congress), the con10 current resolution on the budget for fiscal year 2004. 

11 CHAPTER 3

12 DEPARTMENT OF DEFENSE 

13 MILITARY CONSTRUCTION 

14 MILITARY CONSTRUCTION, ARMY

15 For an additional amount for ‘‘Military Construction, 

16 Army’’, $185,100,000, to remain available until Sep17 tember 30, 2008: Provided, That notwithstanding any 

18 other provision of law, such funds may be obligated or ex19 pended to carry out planning and design and military con20 struction projects not otherwise authorized by law: Pro21 vided further, That the entire amount is designated by the 

22 Congress as an emergency requirement pursuant to sec23 tion 502 of H. Con. Res. 95 (108th Congress), the concur24 rent resolution on the budget for fiscal year 2004. 
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1 MILITARY CONSTRUCTION, NAVY

2 For an additional amount for ‘‘Military Construction, 

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

4 30, 2008: Provided, That notwithstanding any other provi5 sion of law, such funds may be obligated or expended to 

6 carry out military construction projects not otherwise au7 thorized by law: Provided further, 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 MILITARY CONSTRUCTION, AIR FORCE

13 For an additional amount for ‘‘Military Construction, 

14 Air Force’’, $292,550,000, to remain available until Sep15 tember 30, 2008: Provided, That notwithstanding any 

16 other provision of law, such funds may be obligated or ex17 pended to carry out planning and design and military con18 struction projects not otherwise authorized by law: Pro19 vided further, That the entire amount is designated by the 

20 Congress as an emergency requirement pursuant to sec21 tion 502 of H. Con. Res. 95 (108th Congress), the concur22 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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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 PP 

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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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-
30

HR 3289 PP 

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 PP 

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 PP 

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

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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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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 
35

HR 3289 PP 

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 PP 

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 
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HR 3289 PP 

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 PP 

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 PP 

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 
40

HR 3289 PP 

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. 
41

HR 3289 PP 

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 
42

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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 PP 

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 PP 

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 PP 

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 PP 

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 PP 

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. 
48

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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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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 PP 

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’’.

20 That the following sums are appropriated, out of any 

21 money in the Treasury not otherwise appropriated, for the 

22 fiscal year ending September 30, 2004, and for other pur23 poses, namely: 
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1 TITLE I—NATIONAL SECURITY 

2 CHAPTER 1

3 DEPARTMENT OF DEFENSE 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For an additional amount for ‘‘Military Personnel, 

7 Army’’, $12,858,870,000. 

8 MILITARY PERSONNEL, NAVY

9 For an additional amount for ‘‘Military Personnel, 

10 Navy’’, $816,100,000. 

11 MILITARY PERSONNEL, MARINE CORPS

12 For an additional amount for ‘‘Military Personnel, 

13 Marine Corps’’, $753,190,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For an additional amount for ‘‘Military Personnel, 

16 Air Force’’, $3,384,700,000. 

17 OPERATION AND MAINTENANCE 

18 OPERATION AND MAINTENANCE, ARMY

19 For an additional amount for ‘‘Operation and Mainte20 nance, Army’’, $24,946,464,000: Provided, That the entire 

21 amount is designated by the Congress as an emergency re22 quirement pursuant to section 502 of House Concurrent 

23 Resolution 95, the concurrent resolution on the budget for 

24 fiscal year 2004: Provided further, That the entire amount 

25 shall be available only to the extent that an official budget 
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1 request for a specific dollar amount, that includes designa2 tion of the entire amount of the request as an emergency 

3 requirement as defined in House Concurrent Resolution 95, 

4 the concurrent resolution on the budget for fiscal year 2004, 

5 is transmitted by the President to the Congress. 

6 OPERATION AND MAINTENANCE, NAVY

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Operation and Mainte9 nance, Navy’’, $1,976,258,000, of which up to $80,000,000 

10 may be transferred to the Department of Homeland Secu11 rity for Coast Guard Operations. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For an additional amount for ‘‘Operation and Mainte14 nance, Marine Corps’’, $1,198,981,000. 

15 OPERATION AND MAINTENANCE, AIR FORCE

16 For an additional amount for ‘‘Operation and Mainte17 nance, Air Force’’, $5,516,368,000. 

18 OPERATION AND MAINTENANCE, DEFENSE-WIDE

19 For an additional amount for ‘‘Operation and Mainte20 nance, Defense-Wide’’, $4,218,452,000, of which—

21 (1) not to exceed $15,000,000 may be used for the 

22 CINC Initiative Fund account, to be used primarily 

23 in Iraq and Afghanistan; and 

24 (2) $1,000,000,000, to remain available until ex25 pended, may be used, notwithstanding any other pro-
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1 vision of law, for payments to reimburse Pakistan, 

2 Jordan, and other key cooperating nations, for 

3 logistical, military, and other support provided, or to 

4 be provided, to United States military operations: 

5 Provided, That such payments may be made in such 

6 amounts as the Secretary of Defense, with the concur7 rence of the Secretary of State, and in consultation 

8 with the Director of the Office of Management and 

9 Budget, may determine, in his discretion, based on 

10 documentation determined by the Secretary of Defense 

11 to adequately account for the support provided, and 

12 such determination is final and conclusive upon the 

13 accounting officers of the United States, and 15 days 

14 following notification to the appropriate congressional 

15 committees: Provided further, That the Secretary of 

16 Defense shall provide quarterly reports to the Com17 mittees on Appropriations on the use of these funds. 

18 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

19 For an additional amount for ‘‘Operation and Mainte20 nance, Marine Corps Reserve’’, $16,000,000. 

21 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

22 For an additional amount for ‘‘Operation and Mainte23 nance, Air Force Reserve’’, $53,000,000. 
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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For an additional amount for ‘‘Operation and Mainte3 nance, Air National Guard’’, $214,000,000. 

4 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

5 For an additional amount for ‘‘Overseas Humani6 tarian, Disaster, and Civic Aid’’, $35,500,000. 

7 IRAQ FREEDOM FUND

8 (TRANSFER OF FUNDS)

9 For ‘‘Iraq Freedom Fund’’, $1,988,600,000, to remain 

10 available for transfer until September 30, 2005, for the pur11 poses authorized under this heading in Public Law 108–

12 11: Provided, That the Secretary of Defense may transfer 

13 the funds provided herein to appropriations for military 

14 personnel; operation and maintenance; Overseas Humani15 tarian, Disaster Assistance, and Civic Aid; procurement; 

16 military construction; the Defense Health Program; and 

17 working capital funds: Provided further, That funds trans18 ferred shall be merged with and be available for the same 

19 purposes and for the same time period as the appropriation 

20 or fund to which transferred: Provided further, That this 

21 transfer authority is in addition to any other transfer au22 thority available to the Department of Defense: Provided 

23 further, That upon a determination that all or part of the 

24 funds transferred from this appropriation are not necessary 

25 for the purposes provided herein, such amounts may be 
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1 transferred back to this appropriation: Provided further, 

2 That the Secretary of Defense shall, not fewer than 5 days 

3 prior to making transfers from this appropriation, notify 

4 the congressional defense committees in writing of the de5 tails of any such transfer: Provided further, That the Sec6 retary shall submit a report no later than 30 days after 

7 the end of each fiscal quarter to the congressional defense 

8 committees summarizing the details of the transfer of funds 

9 from this appropriation: Provided further, That not less 

10 than $4,000,000 shall be transferred to ‘‘Office of the Inspec11 tor General’’ for financial and performance audits of funds 

12 apportioned to the Department of Defense from the Iraq Re13 lief and Reconstruction Fund. 

14 PROCUREMENT 

15 MISSILE PROCUREMENT, ARMY

16 For an additional amount for ‘‘Missile Procurement, 

17 Army’’, $6,200,000, to remain available until September 

18 30, 2006. 

19 PROCUREMENTOF WEAPONS AND TRACKED COMBAT

20 VEHICLES, ARMY

21 For an additional amount for ‘‘Procurement of Weap22 ons and Tracked Combat Vehicles, Army’’, $104,000,000, to 

23 remain available until September 30, 2006: Provided, That 

24 the entire amount is designated by the Congress as an emer25 gency requirement pursuant to section 502 of House Con-
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1 current Resolution 95, the concurrent resolution on the 

2 budget for fiscal year 2004: Provided further, That the en3 tire amount shall be available only to the extent that an 

4 official budget request for a specific dollar amount, that in5 cludes designation of the entire amount of the request as 

6 an emergency requirement as defined in House Concurrent 

7 Resolution 95, the concurrent resolution on the budget for 

8 fiscal year 2004, is transmitted by the President to the Con9 gress. 

10 OTHER PROCUREMENT, ARMY

11 For an additional amount for ‘‘Other Procurement, 

12 Army’’, $1,078,687,000, to remain available until Sep13 tember 30, 2006: Provided, That the entire amount is des14 ignated by the Congress as an emergency requirement pur15 suant to section 502 of House Concurrent Resolution 95, 

16 the concurrent resolution on the budget for fiscal year 2004: 

17 Provided further, That the entire amount shall be available 

18 only to the extent that an official budget request for a spe19 cific dollar amount, that includes designation of the entire 

20 amount of the request as an emergency requirement as de21 fined in House Concurrent Resolution 95, the concurrent 

22 resolution on the budget for fiscal year 2004, is transmitted 

23 by the President to the Congress. 
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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $128,600,000, to remain available until September 

4 30, 2006. 

5 OTHER PROCUREMENT, NAVY

6 For an additional amount for ‘‘Other Procurement, 

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

8 30, 2006. 

9 PROCUREMENT, MARINE CORPS

10 For an additional amount for ‘‘Procurement, Marine 

11 Corps’’, $123,397,000, to remain available until September 

12 30, 2006. 

13 AIRCRAFT PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Aircraft Procurement, 

15 Air Force’’, $40,972,000, to remain available until Sep16 tember 30, 2006. 

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. 

21 OTHER PROCUREMENT, AIR FORCE

22 For an additional amount for ‘‘Other Procurement, 

23 Air Force’’, $3,441,006,000, to remain available until Sep24 tember 30, 2006. 
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1 PROCUREMENT, DEFENSE-WIDE

2 For an additional amount for ‘‘Procurement, Defense3 Wide’’, $435,635,000, to remain available until September 

4 30, 2006. 

5 RESEARCH, DEVELOPMENT, TEST AND 

6 EVALUATION 

7 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, NAVY

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Navy’’, $34,000,000, to remain 

10 available until September 30, 2005. 

11 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, AIR

12 FORCE

13 For an additional amount for ‘‘Research, Develop14 ment, Test and Evaluation, Air Force’’, $39,070,000, to re15 main available until September 30, 2005. 

16 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, 

17 DEFENSE-WIDE

18 For an additional amount for ‘‘Research, Develop19 ment, Test and Evaluation, Defense-Wide’’, $265,817,000, 

20 to remain available until September 30, 2005. 

21 REVOLVING AND MANAGEMENT FUNDS 

22 WORKING CAPITAL FUND, DEFENSE-WIDE

23 For an additional amount for ‘‘Working Capital 

24 Fund, Defense-Wide’’, $600,000,000. 
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1 NATIONAL DEFENSE SEALIFT FUND

2 For an additional amount for ‘‘National Defense Sea3 lift Fund’’, $24,000,000, to remain available until ex4 pended. 

5 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

6 DEFENSE HEALTH PROGRAM

7 For an additional amount for ‘‘Defense Health Pro8 gram’’, $658,380,000 for Operation and maintenance. 

9 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

10 DEFENSE

11 For an additional amount for ‘‘Drug Interdiction and 

12 Counter-Drug Activities, Defense’’, $73,000,000: Provided, 

13 That these funds may be used only for such activities related 

14 to Afghanistan: Provided further, That the Secretary of De15 fense may transfer the funds provided herein only to appro16 priations for military personnel; operation and mainte17 nance; procurement; and research, development, test, and 

18 evaluation: Provided further, That the funds transferred 

19 shall be merged with and be available for the same purposes 

20 and for the same time period, as the appropriation to which 

21 transferred: Provided further, That the transfer authority 

22 provided in this paragraph is in addition to any other 

23 transfer authority available to the Department of Defense: 

24 Provided further, That upon a determination that all or 

25 part of the funds transferred from this appropriation are 
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1 not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation. 

3 RELATED AGENCIES 

4 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Intelligence Commu7 nity Management Account’’, $21,500,000, to remain avail8 able until September 30, 2005; of which $3,000,000 may 

9 be transferred to and merged with the Department of En10 ergy, ‘‘Other Defense Activities’’, and $15,500,000 may be 

11 transferred to and merged with the Federal Bureau of In12 vestigation, ‘‘Salaries and Expenses’’. 

13 CHAPTER 2

14 MILITARY CONSTRUCTION 

15 MILITARY CONSTRUCTION, ARMY

16 For an additional amount for ‘‘‘Military Construction, 

17 Army’’, $119,900,000, to remain available until September 

18 30, 2008: Provided, That such funds may be obligated and 

19 expended to carry out military construction projects not 

20 otherwise authorized by law. 

21 MILITARY CONSTRUCTION, AIR FORCE

22 For an additional amount for ‘‘Military Construction, 

23 Air Force’’, $292,550,000, to remain available until Sep24 tember 30, 2008: Provided, That such funds may be obli-
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1 gated and expended to carry out military construction 

2 projects not otherwise authorized by law. 

3 CHAPTER 3

4 GENERAL PROVISIONS, THIS TITLE 

5 SEC. 301. Section 202(b) of the Afghanistan Freedom 

6 Support Act of 2002 (Public Law 107–327) is amended by 

7 striking ‘‘$300,000,000’’ and inserting ‘‘$450,000,000’’. 

8 SEC. 302. Upon his determination that such action is 

9 necessary in the national interest, the Secretary of Defense 

10 may transfer between appropriations up to $2,500,000,000 

11 of the funds made available in this title, and in addition 

12 such funds as necessary, not to exceed $5,000,000,000, as 

13 approved by the House and Senate Appropriations Com14 mittees, Subcommittees on Defense: Provided, That the Sec15 retary shall notify the Congress promptly of each transfer 

16 made pursuant to this authority: Provided further, That the 

17 transfer authority provided in this section is in addition 

18 to any other transfer authority available to the Department 

19 of Defense: Provided further, That the authority in this sec20 tion is subject to the same terms and conditions as the au21 thority provided in section 8005 of the Department of De22 fense Appropriations Act, 2004. 

23 SEC. 303. Funds appropriated in this title, or made 

24 available by transfer of funds in or pursuant to this title, 

25 for intelligence activities are deemed to be specifically au-
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1 thorized by the Congress for purposes of section 504 of the 

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

3 SEC. 304. None of the funds available to the Depart4 ment of Defense may be obligated to implement any action 

5 which alters the command responsibility or permanent as6 signment of forces until 90 days after such plan has been 

7 provided to the congressional defense committees. 

8 SEC. 305. Sections 1318 and 1319 of Public Law 108–

9 11 shall remain in effect during fiscal year 2004. 

10 SEC. 306. From October 1, 2003 through September 

11 30, 2004, (a) the rates of pay authorized by section 310(a) 

12 of title 37, United States Code, shall be increased to $225; 

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

14 of title 37, United States Code, shall be increased to $250. 

15 SEC. 307. (a) Section 1313 of Public Law 108–11 is 

16 amended by adding the word, ‘‘unobligated’’, before ‘‘bal17 ances’’. 

18 (b) After October 31, 2003, adjustments to obligations 

19 that would have been properly chargeable to the Defense 

20 Emergency Response Fund shall be charged to any current 

21 appropriation account of the Department of Defense avail22 able for the same purpose. 

23 SEC. 308. Within 30 days after the enactment of this 

24 Act, the Secretary of Defense shall report to the Committees 

25 on Appropriations on progress to implement the terms of 
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1 section 8082 of the Department of Defense Appropriations 

2 Act, 2004. 

3 SEC. 309. None of the funds provided in this title may 

4 be used to finance programs or activities denied by Congress 

5 in fiscal year 2003 or 2004 appropriations to the Depart6 ment of Defense or to initiate a procurement or research, 

7 development, test and evaluation new start program with8 out prior notification to the congressional defense commit9 tees. 

10 SEC. 310. During the current fiscal year, funds avail11 able to the Department of Defense for operation and mainte12 nance may be used, notwithstanding any other provision 

13 of law, to provide supplies, services, transportation, includ14 ing airlift and sealift, and other logistical support to coali15 tion forces supporting military and stability operations in 

16 Iraq: Provided, That the Secretary of Defense shall provide 

17 quarterly reports to the Committees on Appropriations re18 garding support provided under this section. 

19 SEC. 311. Notwithstanding any other provision of law, 

20 from funds available to the Department of Defense for oper21 ation and maintenance in fiscal year 2004, not to exceed 

22 $200,000,000 may be used by the Secretary of Defense, with 

23 the concurrence of the Secretary of State, to provide assist24 ance only to the New Iraqi Army and the Afghan National 

25 Army to enhance their capability to combat terrorism and 
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1 to support U.S. military operations in Iraq and Afghani2 stan: Provided, That such assistance may include the provi3 sion of equipment, supplies, services, training and funding: 

4 Provided further, That the authority to provide assistance 

5 under this section is in addition to any other authority to 

6 provide assistance to foreign nations: Provided further, 

7 That the Secretary of Defense shall notify Congress not less 

8 than 15 days before providing assistance under the author9 ity of this section. 

10 SEC. 312. (a) REPORTON MILITARY READINESS IM11 PLICATIONS OF OPERATION IRAQI FREEDOM.—

12 (1) The Secretary of Defense shall submit to the 

13 congressional defense committees a report assessing 

14 the implications for United States military readiness 

15 of the participation of United States ground combat 

16 forces in Operation Iraqi Freedom. 

17 (2) The report shall be submitted not later than 

18 30 days after the date of the enactment of this Act. 

19 (b) MATTERS TO BE INCLUDED.—The report under 

20 subsection (a) shall include the following: 

21 (1) An estimate of the total number of forces re22 quired to carry out Operation Iraqi Freedom, includ23 ing forces required for a rotation base. 

24 (2) An estimate of the expected duration of the 

25 operation. 
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1 (3) An estimate of the cost of the operation to2 gether with an explanation of how the Secretary will 

3 use the funds provided for the operation, and an as4 sessment of how such proposed funding plan would af5 fect overall military readiness. 

6 (4) An assessment of how readily forces partici7 pating in the operation could be redeployed to addi8 tional overlapping major conflicts while providing for 

9 the President the option to call for victory in one of 

10 those conflicts, as well as to conduct a limited number 

11 of smaller-scale contingency operations, including an 

12 analysis of the availability of strategic lift, the likely 

13 condition of equipment, and the extent of retraining 

14 necessary to facilitate such a redeployment. 

15 (5) An assessment of the effect of the operation 

16 on the general combat readiness and deployability of 

17 combat units to defend the homeland and for the 

18 Global War on Terrorism. 

19 (6) An assessment of the effect of the operation 

20 on the four 2001 Quadrennial Defense Review defense 

21 policy goals, namely assuring allies and friends, dis22 suading future military competitors, deterring threats 

23 and coercion against United States interests and, if 

24 deterrence fails, decisively defeating any adversary. 
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1 (7) An assessment of the effect the operation 

2 would have on the general combat readiness and 

3 deployability of combat units not designated to be 

4 part of the operation including active forces, reserve, 

5 and National Guard. 

6 (8) For current deployment and subsequent rota7 tions, an assessment of the number and type of com8 bat support and combat service support units re9 quired from active forces, reserve, and National 

10 Guard, and the expected duration of each rotation. 

11 (9) An assessment of the degree to which the op12 eration will require the use of reserve component 

13 units and personnel and the use and timing of invol14 untary Selected Reserve callup authority as provided 

15 by section 12304 of title 10, United States Code. 

16 (10) An assessment of the anticipated annual 

17 cost of equipment refurbishment and replacement re18 sulting from the operation. 

19 (11) An assessment of how the increased oper20 ational tempo associated with the operation would af21 fect the mission capable readiness rates and overall 

22 health of both strategic and theater airlift assets. 

23 (12) An assessment of the effect the operation 

24 will have on the ability of the United States Armed 
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1 Forces, including the active forces, reserve, and Na2 tional Guard, to meet recruiting goals. 

3 (13) An assessment of the effect of the operation 

4 on training infrastructure and instrumentation of 

5 United States training ranges, including the active 

6 forces, reserve, and National Guard. 

7 (14) An assessment of the effect the operation 

8 will have on retention among active forces, reserve, 

9 and National Guard. 

10 (15) An assessment of the effect of the operation 

11 on quality of life issues for active forces, reserve, and 

12 National Guard. 

13 (c) FORM OF REPORT.—The report required by sub14 section (a) shall be submitted in unclassified form, but may 

15 include a classified annex. 

16 (d) CONGRESSIONAL DEFENSE COMMITTEES DE17 FINED.—In this section, the term ‘‘congressional defense 

18 committees’’ means—

19 (1) the Committees on Armed Services and Ap20 propriations of the Senate; and 

21 (2) the Committees on Armed Services and Ap22 propriations of the House of Representatives. 

23 SEC. 313. (a) Section 1075 of title 10, United States 

24 Code, is amended—
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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

2 ‘‘When’’; and 

3 (2) by striking the second sentence and inserting 

4 the following: 

5 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

6 any of the following: 

7 ‘‘(1) An enlisted member, or former enlisted 

8 member, of a uniformed service who is entitled to re9 tired or retainer pay or equivalent pay. 

10 ‘‘(2) An officer or former officer of a uniformed 

11 service, or an enlisted member or former enlisted 

12 member of a uniformed service not described in para13 graph (1), who is hospitalized under section 1074 of 

14 this title because of an injury or disease incurred (as 

15 determined under criteria prescribed by the Secretary 

16 of Defense)—

17 ‘‘(A) as a direct result of armed conflict; 

18 ‘‘(B) while engaged in hazardous service; 

19 ‘‘(C) in the performance of duty under con20 ditions simulating war; or 

21 ‘‘(D) through an instrumentality of war.’’. 

22 (b) Section 1075(b) of title 10, United States Code, as 

23 added by subsection (a), shall take effect as of September 

24 11, 2001, and shall apply with respect to injuries or dis25 eases incurred on or after that date. 
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1 SEC. 314. (a) TRANSFER AUTHORITY.—Subject to sub2 section (b), the Secretary of Defense may transfer not more 

3 than $150,000,000 of the funds appropriated in this title 

4 to the contingency construction account, authorized under 

5 section 2804 of title 10, United States Code, to carry out 

6 military construction projects not otherwise authorized by 

7 law. Funds so transferred shall be merged with and be 

8 available for the same purposes and the same time period 

9 as the appropriation to which transferred. The transfer au10 thority under this section is in addition to any other trans11 fer authority available to the Department of Defense. 

12 (b) CONDITIONS ON TRANSFER.—A transfer of funds 

13 under subsection (a) may not be made until the end of the 

14 7-day period beginning on the date the Secretary of Defense 

15 submits written notice to the appropriate committees of 

16 Congress certifying that the transfer is necessary to respond 

17 to, or protect against, acts or threatened acts of terrorism 

18 or to support Department of Defense operations in Iraq, 

19 and specifying the amounts and purposes of the transfer, 

20 including a list of proposed projects and their estimated 

21 costs. 

22 (c) NOTICE OF OBLIGATIONS.—Notwithstanding sec23 tion 2804(b) of title 10, United States Code, when a decision 

24 is made to carry out a military construction project using 

25 funds transferred to the contingency construction account 
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1 under subsection (a), the Secretary of Defense shall submit 

2 written notice to the appropriate committees of Congress 

3 no later than 15 days after the obligation of the funds for 

4 the project, specifying the source of the transferred funds 

5 and the estimated cost of the project, including form 1391. 

6 (d) DEFINITIONS.—For purposes of this section, the 

7 terms ‘‘appropriate committees of Congress’’, ‘‘military con8 struction’’, and ‘‘military installation’’ have the meanings 

9 given such terms in section 2801 of title 10, United States 

10 Code, except that, with respect to military construction in 

11 a foreign country, the term ‘‘military installation’’ includes 

12 not only buildings, structures, and other improvements to 

13 real property under the operational control of the Secretary 

14 of a military department or the Secretary of Defense, but 

15 also any building, structure, or other improvement to real 

16 property to be used by the Armed Forces, regardless of 

17 whether such use is anticipated to be temporary or of longer 

18 duration; and further excepting that ‘‘appropriate commit19 tees of Congress’’ shall include the Subcommittees on Mili20 tary Construction of the Committees on Appropriations of 

21 the Senate and House of Representatives. 

22 SEC. 315. COMMENDING THE ARMED FORCES FOR EF23 FORTS IN OPERATION ENDURING FREEDOM AND OPER24 ATION IRAQI FREEDOM. (a) PURPOSE.—Recognizing and 

25 commending the members of the United States Armed 
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1 Forces and their leaders, and the allies of the United States 

2 and their armed forces, who participated in Operation En3 during Freedom in Afghanistan and Operation Iraqi Free4 dom in Iraq and recognizing the continuing dedication of 

5 military families and employers and defense civilians and 

6 contractors and the countless communities and patriotic or7 ganizations that lent their support to the Armed Forces dur8 ing those operations. 

9 (b) FINDINGS.—The Senate finds that—

10 (1) the September 11, 2001, terrorist attacks on 

11 the United States, which killed thousands of people 

12 from the United States and other countries in New 

13 York, Virginia, and Pennsylvania, inaugurated the 

14 Global War on Terrorism; 

15 (2) the intelligence community quickly identified 

16 Al Qaeda as a terrorist organization with global 

17 reach and the President determined that United 

18 States national security required the elimination of 

19 the Al Qaeda terrorist organization; 

20 (3) the Taliban regime of Afghanistan had long 

21 harbored Al Qaeda, providing members of that orga22 nization a safe haven from which to attack the United 

23 States and its friends and allies, and the refusal of 

24 that regime to discontinue its support for inter25 national terrorism and surrender Al Qaeda’s leaders 
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1 to the United States made it a threat to international 

2 peace and security; 

3 (4) Saddam Hussein and his regime’s long4 standing sponsorship of international terrorism, ac5 tive pursuit of weapons of mass destruction, use of 

6 such weapons against Iraq’s own citizens and neigh7 boring countries, aggression against Iraq’s neighbors, 

8 and brutal repression of Iraq’s population made Sad9 dam Hussein and his regime a threat to international 

10 peace and security; 

11 (5) the United States pursued sustained diplo12 matic, political, and economic efforts to remove those 

13 threats peacefully; 

14 (6) on October 7, 2001, the Armed Forces of the 

15 United States and its coalition allies launched mili16 tary operations in Afghanistan, designated as Oper17 ation Enduring Freedom, that quickly caused the col18 lapse of the Taliban regime, the elimination of Af19 ghanistan’s terrorist infrastructure, and the capture 

20 of significant and numerous members of Al Qaeda; 

21 (7) on March 19, 2003, the Armed Forces of the 

22 United States and its coalition allies launched mili23 tary operations, designated as Operation Iraqi Free24 dom, that quickly caused the collapse of Saddam Hus25 sein’s regime, the elimination of Iraq’s terrorist infra-
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1 structure, the end of Iraq’s illicit and illegal pro2 grams to acquire weapons of mass destruction, and 

3 the capture of significant international terrorists; 

4 (8) in those two campaigns in the Global War on 

5 Terrorism, as of September 27, 2003, nearly 165,000 

6 members of the United States Armed Forces, com7 prised of active, reserve, and National Guard mem8 bers and units, had mobilized for Operation Endur9 ing Freedom and Operation Iraqi Freedom; 

10 (9) success in those two campaigns in the Global 

11 War on Terrorism would not have been possible with12 out the dedication, courage, and service of the mem13 bers of the United States Armed Forces and the mili14 tary and irregular forces of the friends and allies of 

15 the United States; 

16 (10) the support, love, and commitment from the 

17 families of United States service personnel partici18 pating in those two operations, as well as that of the 

19 communities and patriotic organizations which pro20 vided support through the United Services Organiza21 tion (USO), Operation Dear Abby, and Operation 

22 UpLink, helped to sustain those service personnel and 

23 enabled them to eliminate significant threats to 

24 United States national security while liberating op25 pressed peoples from dictatorial regimes; 
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1 (11) the civilian employees of the Department of 

2 Defense, through their hard work and dedication, en3 abled United States military forces to quickly and ef4 fectively achieve the United States military missions 

5 in Afghanistan and Iraq; 

6 (12) the commitment of companies making their 

7 employees available for military service, the creativity 

8 and initiative of contractors equipping the Nation’s 

9 Armed Forces with the best and most modern equip10 ment, and the ingenuity of service companies assist11 ing with the global overseas deployment of the Armed 

12 Forces demonstrates that the entrepreneurial spirit of 

13 the United States is an extraordinarily valuable de14 fense asset; and 

15 (13) the Nation should pause to recognize with 

16 appropriate tributes and days of remembrance the 

17 sacrifice of those members of the Armed Forces who 

18 died or were wounded in Operation Enduring Free19 dom and Operation Iraqi Freedom, as well as all who 

20 served in or supported either of those operations. 

21 (c) SENSE OF THE SENATE.—It is the sense of the Sen22 ate that the Senate—

23 (1) conveys its deepest sympathy and condolences 

24 to the families and friends of the members of United 

25 States and coalition forces who have been injured, 
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1 wounded, or killed during Operation Enduring Free2 dom and Operation Iraqi Freedom; 

3 (2) commends President George W. Bush, Sec4 retary of Defense Donald H. Rumsfeld, and United 

5 States Central Command commander General 

6 Tommy Franks, United States Army, for their plan7 ning and execution of enormously successful military 

8 campaigns in Operation Enduring Freedom and Op9 eration Iraqi Freedom; 

10 (3) expresses its highest commendation and most 

11 sincere appreciation to the members of the United 

12 States Armed Forces who participated in Operation 

13 Enduring Freedom and Operation Iraqi Freedom; 

14 (4) commends the Department of Defense civilian 

15 employees and the defense contractor personnel whose 

16 skills made possible the equipping of the greatest 

17 armed force in the annals of modern military endeav18 or; 

19 (5) supports the efforts of communities across the 

20 Nation—

21 (A) to prepare appropriate homecoming 

22 ceremonies to honor and welcome home the mem23 bers of the Armed Forces participating in Oper24 ation Enduring Freedom and Operation Iraqi 

25 Freedom and to recognize their contributions to 
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1 United States homeland security and to the 

2 Global War on Terrorism; and 

3 (B) to prepare appropriate ceremonies to 

4 commemorate with tributes and days of remem5 brance the service and sacrifice of those service 

6 members killed or wounded during those oper7 ations; 

8 (6) expresses the deep gratitude of the Nation to 

9 the 21 steadfast allies in Operation Enduring Free10 dom and to the 49 coalition members in Operation 

11 Iraqi Freedom, especially the United Kingdom, Aus12 tralia, and Poland, whose forces, support, and con13 tributions were invaluable and unforgettable; and 

14 (7) recommits the United States to ensuring the 

15 safety of the United States homeland, to preventing 

16 weapons of mass destruction from reaching the hands 

17 of terrorists, and to helping the people of Iraq and Af18 ghanistan build free and vibrant democratic societies. 

19 SEC. 316. (a) In addition to other purposes for which 

20 funds in the Iraq Freedom Fund are available, such funds 

21 shall also be available for reimbursing a member of the 

22 Armed Forces for the cost of air fare incurred by the mem23 ber for any travel by the member within the United States 

24 that is commenced during fiscal year 2003 or fiscal year 

25 2004 and is completed during either such fiscal year while 
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1 the member is on rest and recuperation leave from deploy2 ment overseas in support of Operation Iraqi Freedom and 

3 Operation Enduring Freedom, but only for one round trip 

4 by air between two locations within the United States. 

5 (b) It is the sense of Congress that the commercial air6 line industry should, to the maximum extent practicable, 

7 charge members of the Armed Forces on rest and recuper8 ation leave as described in subsection (a) and their families 

9 specially discounted, lowest available fares for air travel in 

10 connection with such leave and that any restrictions and 

11 limitations imposed by the airlines in connection with the 

12 air fares charged for such travel should be minimal. 

13 SEC. 317. (a) Section 1074a of title 10, United States 

14 Code, is amended by adding at the end the following new 

15 subsection: 

16 ‘‘(f)(1) At any time after the Secretary concerned noti17 fies members of the Ready Reserve that the members are 

18 to be called or ordered to active duty, the administering 

19 Secretaries may provide to each such member any medical 

20 and dental screening and care that is necessary to ensure 

21 that the member meets the applicable medical and dental 

22 standards for deployment. 

23 ‘‘(2) The Secretary concerned shall promptly transmit 

24 to each member of the Ready Reserve eligible for screening 
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1 and care under this subsection a notification of eligibility 

2 for such screening and care. 

3 ‘‘(3) A member provided medical or dental screening 

4 or care under paragraph (1) may not be charged for the 

5 screening or care. 

6 ‘‘(4) Screening and care may not be provided under 

7 this section after September 30, 2004.’’. 

8 (b) The benefits provided under the amendment made 

9 by subsection (a) shall be provided only within funds avail10 able under this Act. 

11 SEC. 318. (a) Chapter 55 of title 10, United States 

12 Code, is amended by inserting after section 1076a the fol13 lowing new section: 

14 ‘‘§ 1076b. TRICARE program: coverage for members of 

15 the Ready Reserve 

16 ‘‘(a) ELIGIBILITY.—Each member of the Selected Re17 serve of the Ready Reserve and each member of the Indi18 vidual Ready Reserve described in section 10144(b) of this 

19 title is eligible, subject to subsection (h), to enroll in 

20 TRICARE and receive benefits under such enrollment for 

21 any period that the member—

22 ‘‘(1) is an eligible unemployment compensation 

23 recipient; or 

24 ‘‘(2) is not eligible for health care benefits under 

25 an employer-sponsored health benefits plan. 
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1 ‘‘(b) TYPES OF COVERAGE.—(1) A member eligible 

2 under subsection (a) may enroll for either of the following 

3 types of coverage: 

4 ‘‘(A) Self alone coverage. 

5 ‘‘(B) Self and family coverage. 

6 ‘‘(2) An enrollment by a member for self and family 

7 covers the member and the dependents of the member who 

8 are described in subparagraph (A), (D), or (I) of section 

9 1072(2) of this title. 

10 ‘‘(c) OPEN ENROLLMENT PERIODS.—The Secretary of 

11 Defense shall provide for at least one open enrollment period 

12 each year. During an open enrollment period, a member 

13 eligible under subsection (a) may enroll in the TRICARE 

14 program or change or terminate an enrollment in the 

15 TRICARE program. 

16 ‘‘(d) SCOPE OF CARE.—(1) A member and the depend17 ents of a member enrolled in the TRICARE program under 

18 this section shall be entitled to the same benefits under this 

19 chapter as a member of the uniformed services on active 

20 duty or a dependent of such a member, respectively. 

21 ‘‘(2) Section 1074(c) of this title shall apply with re22 spect to a member enrolled in the TRICARE program under 

23 this section. 

24 ‘‘(e) PREMIUMS.—(1) The Secretary of Defense shall 

25 charge premiums for coverage pursuant to enrollments 
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1 under this section. The Secretary shall prescribe for each 

2 of the TRICARE program options a premium for self alone 

3 coverage and a premium for self and family coverage. 

4 ‘‘(2) The monthly amount of the premium in effect for 

5 a month for a type of coverage under this section shall be 

6 the amount equal to 28 percent of the total amount deter7 mined by the Secretary on an appropriate actuarial basis 

8 as being reasonable for the coverage. 

9 ‘‘(3) The premiums payable by a member under this 

10 subsection may be deducted and withheld from basic pay 

11 payable to the member under section 204 of title 37 or from 

12 compensation payable to the member under section 206 of 

13 such title. The Secretary shall prescribe the requirements 

14 and procedures applicable to the payment of premiums by 

15 members not entitled to such basic pay or compensation. 

16 ‘‘(4) Amounts collected as premiums under this sub17 section shall be credited to the appropriation available for 

18 the Defense Health Program Account under section 1100 

19 of this title, shall be merged with sums in such Account 

20 that are available for the fiscal year in which collected, and 

21 shall be available under subparagraph (B) of such section 

22 for such fiscal year. 

23 ‘‘(f) OTHER CHARGES.—A person who receives health 

24 care pursuant to an enrollment in a TRICARE program 

25 option under this section, including a member who receives 
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1 such health care, shall be subject to the same deductibles, 

2 copayments, and other nonpremium charges for health care 

3 as apply under this chapter for health care provided under 

4 the same TRICARE program option to dependents de5 scribed in subparagraph (A), (D), or (I) of section 1072(2) 

6 of this title. 

7 ‘‘(g) TERMINATION OF ENROLLMENT.—(1) A member 

8 enrolled in the TRICARE program under this section may 

9 terminate the enrollment only during an open enrollment 

10 period provided under subsection (c), except as provided in 

11 subsection (h). 

12 ‘‘(2) An enrollment of a member for self alone or for 

13 self and family under this section shall terminate on the 

14 first day of the first month beginning after the date on 

15 which the member ceases to be eligible under subsection (a). 

16 ‘‘(3) The enrollment of a member under this section 

17 may be terminated on the basis of failure to pay the pre18 mium charged the member under this section. 

19 ‘‘(h) RELATIONSHIP TO TRANSITION TRICARE COV20 ERAGE UPON SEPARATION FROM ACTIVE DUTY.—(1) A 

21 member may not enroll in the TRICARE program under 

22 this section while entitled to transitional health care under 

23 subsection (a) of section 1145 of this title or while author24 ized to receive health care under subsection (c) of such sec25 tion. 
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1 ‘‘(2) A member who enrolls in the TRICARE program 

2 under this section within 90 days after the date of the ter3 mination of the member’s entitlement or eligibility to re4 ceive health care under subsection (a) or (c) of section 1145 

5 of this title may terminate the enrollment at any time with6 in one year after the date of the enrollment. 

7 ‘‘(i) CERTIFICATION OF NONCOVERAGE BY OTHER

8 HEALTH BENEFITS PLAN.—The Secretary of Defense may 

9 require a member to submit any certification that the Sec10 retary considers appropriate to substantiate the member’s 

11 assertion that the member is not covered for health care ben12 efits under any other health benefits plan. 

13 ‘‘(j) ELIGIBLE UNEMPLOYMENT COMPENSATION RE14 CIPIENT DEFINED.—In this section, the term ‘eligible unem15 ployment compensation recipient’ means, with respect to 

16 any month, any individual who is determined eligible for 

17 any day of such month for unemployment compensation 

18 under State law (as defined in section 205(9) of the Fed19 eral-State Extended Unemployment Compensation Act of 

20 1970), including Federal unemployment compensation laws 

21 administered through the State. 

22 ‘‘(k) REGULATIONS.—The Secretary of Defense, in con23 sultation with the other administering Secretaries, shall 

24 prescribe regulations for the administration of this section. 
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1 ‘‘(l) TERMINATION OF AUTHORITY.—An enrollment in 

2 TRICARE under this section may not continue after Sep3 tember 30, 2004.’’. 

4 (b) The table of sections at the beginning of such chap5 ter is amended by inserting after the item relating to section 

6 1076a the following new item:

‘‘1076b. TRICARE program: coverage for members of the Ready Reserve.’’.

7 (c) The benefits provided under section 1076b of title 

8 10, United States Code (as added by subsection (a)), shall 

9 be provided only within funds available under this Act. 

10 SEC. 319. (a)(1) Chapter 55 of title 10, United States 

11 Code, is amended by inserting after section 1078a the fol12 lowing new section: 

13 ‘‘§ 1078b. Continuation of non-TRICARE health bene14 fits plan coverage for certain Reserves 

15 called or ordered to active duty and their 

16 dependents 

17 ‘‘(a) PAYMENTOF PREMIUMS.—The Secretary con18 cerned shall pay the applicable premium to continue in 

19 force any qualified health benefits plan coverage for an eli20 gible reserve component member for the benefits coverage 

21 continuation period if timely elected by the member in ac22 cordance with regulations prescribed under subsection (j). 

23 ‘‘(b) ELIGIBLE MEMBER.—A member of a reserve com24 ponent is eligible for payment of the applicable premium 

25 for continuation of qualified health benefits plan coverage 
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1 under subsection (a) while serving on active duty pursuant 

2 to a call or order issued under a provision of law referred 

3 to in section 101(a)(13)(B) of this title during a war or 

4 national emergency declared by the President or Congress. 

5 ‘‘(c) QUALIFIED HEALTH BENEFITS PLAN COV6 ERAGE.—For the purposes of this section, health benefits 

7 plan coverage for a member called or ordered to active duty 

8 is qualified health benefits plan coverage if—

9 ‘‘(1) the coverage was in force on the date on 

10 which the Secretary notified the member that issuance 

11 of the call or order was pending or, if no such notifi12 cation was provided, the date of the call or order; 

13 ‘‘(2) on such date, the coverage applied to the 

14 member and dependents of the member described in 

15 subparagraph (A), (D), or (I) of section 1072(2) of 

16 this title; and 

17 ‘‘(3) the coverage has not lapsed. 

18 ‘‘(d) APPLICABLE PREMIUM.—The applicable pre19 mium payable under this section for continuation of health 

20 benefits plan coverage in the case of a member is the amount 

21 of the premium payable by the member for the coverage of 

22 the member and dependents. 

23 ‘‘(e) MAXIMUM AMOUNT.—The total amount that the 

24 Department of Defense may pay for the applicable premium 

25 of a health benefits plan for a member under this section 
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1 in a fiscal year may not exceed the amount determined by 

2 multiplying—

3 ‘‘(1) the sum of one plus the number of the mem4 ber’s dependents covered by the health benefits plan, 

5 by 

6 ‘‘(2) the per capita cost of providing TRICARE 

7 coverage and benefits for dependents under this chap8 ter for such fiscal year, as determined by the Sec9 retary of Defense. 

10 ‘‘(f) BENEFITS COVERAGE CONTINUATION PERIOD.—

11 The benefits coverage continuation period under this section 

12 for qualified health benefits plan coverage in the case of a 

13 member called or ordered to active duty is the period that—

14 ‘‘(1) begins on the date of the call or order; and 

15 ‘‘(2) ends on the earlier of—

16 ‘‘(A) the date on which the member’s eligi17 bility for transitional health care under section 

18 1145(a) of this title terminates under paragraph 

19 (3) of such section; 

20 ‘‘(B) the date on which the member elects to 

21 terminate the continued qualified health benefits 

22 plan coverage of the dependents of the member; 

23 or 

24 ‘‘(C) September 30, 2004. 
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1 ‘‘(g) EXTENSION OF PERIOD OF COBRA COVERAGE.—

2 Notwithstanding any other provision of law—

3 ‘‘(1) any period of coverage under a COBRA 

4 continuation provision (as defined in section 

5 9832(d)(1) of the Internal Revenue Code of 1986) for 

6 a member under this section shall be deemed to be 

7 equal to the benefits coverage continuation period for 

8 such member under this section; and 

9 ‘‘(2) with respect to the election of any period of 

10 coverage under a COBRA continuation provision (as 

11 so defined), rules similar to the rules under section 

12 4980B(f)(5)(C) of such Code shall apply. 

13 ‘‘(h) NONDUPLICATION OF BENEFITS.—A dependent of 

14 a member who is eligible for benefits under qualified health 

15 benefits plan coverage paid on behalf of a member by the 

16 Secretary concerned under this section is not eligible for 

17 benefits under the TRICARE program during a period of 

18 the coverage for which so paid. 

19 ‘‘(i) REVOCABILITY OF ELECTION.—A member who 

20 makes an election under subsection (a) may revoke the elec21 tion. Upon such a revocation, the member’s dependents shall 

22 become eligible for benefits under the TRICARE program 

23 as provided for under this chapter. 

24 ‘‘(j) REGULATIONS.—The Secretary of Defense shall 

25 prescribe regulations for carrying out this section. The regu-
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1 lations shall include such requirements for making an elec2 tion of payment of applicable premiums as the Secretary 

3 considers appropriate.’’. 

4 (2) The table of sections at the beginning of such chap5 ter is amended by inserting after the item relating to section 

6 1078a the following new item:

‘‘1078b. Continuation of non-TRICARE health benefits plan coverage for certain 

Reserves called or ordered to active duty and their dependents.’’.

7 (b) Section 1078b of title 10, United States Code (as 

8 added by subsection (a)), shall apply with respect to calls 

9 or orders of members of reserve components of the Armed 

10 Forces to active duty as described in subsection (b) of such 

11 section, that are issued by the Secretary of a military de12 partment before, on, or after the date of the enactment of 

13 this Act, but only with respect to qualified health benefits 

14 plan coverage (as described in subsection (c) of such section) 

15 that is in effect on or after the date of the enactment of 

16 this Act. 

17 (c) The benefits provided under section 1078b of title 

18 10, United States Code (as added by subsection (a)), shall 

19 be provided only within funds available under this Act. 

20 SEC. 320. (a) Section 1074 of title 10, United States 

21 Code, is amended by adding at the end the following new 

22 subsection: 

23 ‘‘(d)(1) For the purposes of this chapter, a member of 

24 a reserve component of the armed forces who is issued a 
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1 delayed-effective-date active-duty order, or is covered by 

2 such an order, shall be treated as being on active duty for 

3 a period of more than 30 days beginning on the later of 

4 the date that is—

5 ‘‘(A) the date of the issuance of such order; or 

6 ‘‘(B) 90 days before date on which the period of 

7 active duty is to commence under such order for that 

8 member. 

9 ‘‘(2) In this subsection, the term ‘delayed-effective-date 

10 active-duty order’ means an order to active duty for a pe11 riod of more than 30 days in support of a contingency oper12 ation under a provision of law referred to in section 

13 101(a)(13)(B) of this title that provides for active-duty serv14 ice to begin under such order on a date after the date of 

15 the issuance of the order. 

16 ‘‘(3) This section shall cease to be effective on Sep17 tember 30, 2004.’’. 

18 (b) The benefits provided under the amendment made 

19 by subsection (a) shall be provided only within funds avail20 able under this Act. 

21 SEC. 321. (a) Subject to subsection (b), during the pe22 riod beginning on the date of the enactment of this Act and 

23 ending on September 30, 2004, section 1145(a) of title 10, 

24 United States Code, shall be administered by substituting 

25 for paragraph (3) the following: 
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1 ‘‘(3) Transitional health care for a member under sub2 section (a) shall be available for 180 days beginning on the 

3 date on which the member is separated from active duty.’’. 

4 (b)(1) Subsection (a) shall apply with respect to sepa5 rations from active duty that take effect on or after the date 

6 of the enactment of this Act. 

7 (2) Beginning on October 1, 2004, the period for which 

8 a member is provided transitional health care benefits 

9 under section 1145(a) of title 10, United States Code, shall 

10 be adjusted as necessary to comply with the limits provided 

11 under paragraph (3) of such section. 

12 (c) The benefits provided under the amendment made 

13 by subsection (a) shall be provided only within funds avail14 able under this Act. 

15 SEC. 322. (a) Of the funds provided in this title under 

16 the heading ‘‘IRAQ FREEDOM FUND’’ up to $191,100,000 

17 be available for the procurement of Up-Armored High Mo18 bility Multipurpose Wheeled Vehicles in addition to the 

19 number of such vehicles for which funds are provided within 

20 the amount specified under such heading. 

21 (b) The Secretary of the Army shall reevaluate the re22 quirements of the Army for armored security vehicles and 

23 the options available to the Army for procuring armored 

24 security vehicles to meet the validated requirements. 
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1 SEC. 323. (a) Of the amounts appropriated by chapter 

2 1 of this title under the heading ‘‘OPERATION AND MAINTE3 NANCE, ARMY’’ and available for the operating expenses of 

4 the Coalition Provisional Authority (CPA), $10,000,000 

5 shall be available for the establishment of the Office of the 

6 Inspector General of the Coalition Provisional Authority 

7 and for related operating expenses of the Office. 

8 (b) The Office of the Inspector General of the Coalition 

9 Provisional Authority shall be established not later than 30 

10 days after the date of the enactment of this Act. 

11 (c)(1) The head of the Office of the Inspector General 

12 of the Coalition Provisional Authority shall be the Inspector 

13 General of the Coalition Provisional Authority. 

14 (2) The Inspector General shall be appointed by the 

15 President in accordance with, and shall otherwise be subject 

16 to the provisions of, section 3 of the Inspector General Act 

17 of 1978 (5 U.S.C. App.), except that the person nominated 

18 for appointment as Inspector General may assume the du19 ties of the office on an acting basis pending the advice and 

20 consent of the Senate. 

21 (3) The Inspector General shall have the duties, respon22 sibilities, and authorities of inspectors general under the In23 spector General Act of 1978. In carrying out such duties, 

24 responsibilities, and authorities, the Inspector General shall 
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1 coordinate with, and receive the cooperation of, the Inspec2 tor General of the Department of Defense. 

3 (d)(1) Except as provided in paragraph (2), not later 

4 than 75 days after the date of the enactment of this Act, 

5 and every 10 days thereafter, the Inspector General of the 

6 Coalition Provisional Authority shall submit to the Com7 mittees on Appropriations and Foreign Relations of the 

8 Senate and the Committees on Appropriations and Inter9 national Relations of the House of Representatives a report 

10 that sets forth—

11 (A) an assessment of the financial controls of the 

12 Coalition Provisional Authority; 

13 (B) a description of any financial irregularities 

14 that may have occurred in the activities of the Au15 thority; 

16 (C) a description of—

17 (i) any irregularities relating to the admin18 istration of laws providing for full and open 

19 competition in contracting (as defined in section 

20 4(6) of the Office of Federal Procurement Policy 

21 Act (41 U.S.C. 403(6))); and 

22 (ii) any other irregularities related to pro23 curement; 
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1 (D) a description of any actions taken by the In2 spector General to improve such financial controls or 

3 address such financial irregularities; 

4 (E) a description of the programmatic goals of 

5 the Coalition Provisional Authority; and 

6 (F) an assessment of the performance of the Coa7 lition Provisional Authority, including progress made 

8 by the Coalition Provisional Authority in facilitating 

9 a transition to levels of security, stability, and self10 government in Iraq sufficient to make the presence of 

11 the Coalition Provisional Authority no longer nec12 essary. 

13 (2) The Inspector General of the Department of Defense 

14 shall prepare and submit the reports otherwise required to 

15 be submitted by the Inspector General of the Coalition Pro16 visional Authority under paragraph (1) until the earlier 

17 of—

18 (A) the date that is 150 days after the date of 

19 the enactment of this Act; or 

20 (B) the date on which a determination is made 

21 by the Inspector General of the Coalition Provisional 

22 Authority that the Office of the Inspector General of 

23 the Coalition Provisional Authority is capable of pre24 paring timely, accurate, and complete reports in com25 pliance with the requirements under paragraph (1). 
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1 (3) The reports under this subsection are in addition 

2 to the semiannual reports required of the Inspector General 

3 by section 5 of the Inspector General Act of 1978 and any 

4 other reports required of the Inspector General by law. 

5 (4) The Inspector General of the Coalition Provisional 

6 Authority (or the Inspector General of the Department of 

7 Defense, as applicable) shall publish each report under this 

8 subsection on the Internet website of the Coalition Provi9 sional Authority. 

10 (e) The Office of the Inspector General of the Coalition 

11 Provisional Authority shall terminate on the first day that 

12 both of the following conditions have been met: 

13 (1) the Coalition Provisional Authority has 

14 transferred responsibility for governing Iraq to an in15 digenous Iraqi government; and 

16 (2) a United States mission to Iraq, under the 

17 direction and guidance of the Secretary of State, has 

18 undertaken to perform the responsibility for admin19 istering United States assistance efforts in Iraq. 

20 SEC. 324. REPORTON REPLACEMENTOF U.S. 

21 TROOPS. (a) FINDINGS.—The Senate finds that: 

22 (1) The Coalition Provisional Authority states 

23 that 80 percent of Iraq is a permissive environment 

24 with people returning to a normal pace of life, while 

25 20 percent is less permissive with entrenched Saddam 
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1 loyalists, international terrorists and general lawless2 ness hindering recovery efforts. 

3 (2) On September 9, Deputy Secretary of Defense 

4 John Wolfowitz testified, ‘‘. . . the predominantly 

5 Shia south [of Iraq] has been stable and I would say 

6 far more stable than most pre-war predications would 

7 have given you. And the mixed Arab, Turkish, Kurd8 ish north has also been remarkably stable, again, con9 trary to fears that many of us had that we might face 

10 large-scale ethnic conflict.’’. 

11 (3) On September 14, Secretary of State Colin 

12 Powell stated, ‘‘We see attacks against our coalition 

13 on a daily basis . . . but in many parts of the coun14 try things are quite secure and stable.’’. 

15 (4) The Coalition Provisional Authority states 

16 that a major focus of its security efforts has been to 

17 increase Iraqi participation in and responsibility for 

18 a safe and secure Iraq. 

19 (5) On September 14, Secretary of Defense Don20 ald Rumsfeld stated, ‘‘90 percent of the people in Iraq 

21 are now living in an area that’s governed by a city 

22 council, or a village council.’’. 

23 (6) The Coalition Provisional Authority reports 

24 that 60,000 Iraqis are now assisting in security, in25 cluding 46,000 Iraqi police nationwide. 
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1 (7) Of the 160,000 coalition military personnel 

2 serving in Iraq, 20,000 are comprised of non-United 

3 States forces. 

4 (b) REPORT.—Beginning 30 days after the enactment 

5 of this Act, the President or his designee shall submit a 

6 monthly report to Congress detailing—

7 (1) the areas of Iraq determined to be largely se8 cure and stable; and 

9 (2) the extent to which United States troops have 

10 been replaced by non-United States coalition forces, 

11 United Nation forces, or Iraqi forces in the areas de12 termined to be largely secure and stable under this 

13 subsection. 

14 SEC. 325. (a) Congress makes the following findings: 

15 (1) During Operation Desert Shield and Oper16 ation Desert Storm (in this section, collectively re17 ferred to as the ‘‘First Gulf War’’), the regime of Sad18 dam Hussein committed grave human rights abuses 

19 and acts of terrorism against the people of Iraq and 

20 citizens of the United States. 

21 (2) United States citizens who were taken pris22 oner by the regime of Saddam Hussein during the 

23 First Gulf War were brutally tortured and forced to 

24 endure severe physical trauma and emotional abuse. 
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1 (3) The regime of Saddam Hussein used civilian 

2 citizens of the United States who were working in the 

3 Persian Gulf region before and during the First Gulf 

4 War as so-called human shields, threatening the per5 sonal safety and emotional well-being of such civil6 ians. 

7 (4) Congress has recognized and authorized the 

8 right of United States citizens, including prisoners of 

9 war, to hold terrorist states, such as Iraq during the 

10 regime of Saddam Hussein, liable for injuries caused 

11 by such states. 

12 (5) The United States district courts are author13 ized to adjudicate cases brought by individuals in14 jured by terrorist states. 

15 (b) It is the sense of Congress that—

16 (1) notwithstanding section 1503 of the Emer17 gency Wartime Supplemental Appropriations Act, 

18 2003 (Public Law 108–11; 117 Stat. 579) and any 

19 other provision of law, a citizen of the United States 

20 who was a prisoner of war or who was used by the 

21 regime of Saddam Hussein and by Iraq as a so-called 

22 human shield during the First Gulf War should have 

23 the opportunity to have any claim for damages 

24 caused by the regime of Saddam Hussein and by Iraq 
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1 incurred by such citizen fully adjudicated in the ap2 propriate United States district court; 

3 (2) any judgment for such damages awarded to 

4 such citizen, or the family of such citizen, should be 

5 fully enforced; and 

6 (3) the Attorney General should enter into nego7 tiations with each such citizen, or the family of each 

8 such citizen, to develop a fair and reasonable method 

9 of providing compensation for the damages each such 

10 citizen incurred, including using assets of the regime 

11 of Saddam Hussein held by the Government of the 

12 United States or any other appropriate sources to 

13 provide such compensation. 

14 SEC. 326. (a) FINDINGS.—Congress makes the fol15 lowing findings: 

16 (1) The National Guard and Reserves have 

17 served the Nation in times of national crises for more 

18 than 200 years. The National Guard and Reserves are 

19 a critical component of homeland security and na20 tional defense. 

21 (2) The current deployments of many members of 

22 the National Guard and Reserve have made them ab23 sent from their communities for an abnormally long 

24 time. This has diminished the ability of the National 

25 Guard to conduct its State missions. 
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1 (3) Many members of the National Guard and 

2 Reserves have been on active duty for more than a 

3 year, and many more have had their tours of active 

4 duty involuntarily extended while overseas. 

5 (b) REPORTON UTILIZATION OF NATIONAL GUARD

6 AND RESERVES.—(1) Not later than 60 days after the date 

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

8 submit to the Committees on Armed Services of the Senate 

9 and House of Representatives a report on the utilization 

10 of the National Guard and Reserves in support of contin11 gency operations during fiscal year 2004. 

12 (2) The report under this subsection shall include the 

13 following: 

14 (A) Information on each National Guard and 

15 Reserve unit currently deployed, including—

16 (i) the unit name or designation; 

17 (ii) the number of personnel deployed; 

18 (iii) the projected return date to home sta19 tion; and 

20 (iv) the schedule, if any, for the replacement 

21 of the unit with a Regular or multinational 

22 unit. 

23 (B) Information on current operations tempo, 

24 including—
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1 (i) the length of deployment of each Na2 tional Guard and Reserve unit currently de3 ployed, organized by unit and by State; 

4 (ii) in the case of each National Guard and 

5 Reserve unit on active duty during the two-year 

6 period ending on the date of the report, the ag7 gregate amount of time on active duty during 

8 such two-year period; and 

9 (iii) the percentage of National Guard and 

10 Reserve forces in the total deployed force in each 

11 current domestic and overseas contingency oper12 ation. 

13 (C) Information on current recruitment and re14 tention of National Guard and Reserve personnel, in15 cluding—

16 (i) any shortfalls in recruitment and reten17 tion; 

18 (ii) any plans to address such shortfalls or 

19 otherwise to improve recruitment or retention; 

20 and 

21 (iii) the effects on recruitment and retention 

22 over the long term of extended periods of activa23 tion of National Guard or Reserve personnel. 

24 (3) The report under this subsection shall be organized 

25 in a format that permits a ready assessment of the deploy-
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1 ment of the National Guard and Reserves by State, by var2 ious geographic regions of the United States, and by Armed 

3 Force. 

4 (c) REPORTON EFFECTS OF UTILIZATION OF NA5 TIONAL GUARD AND RESERVES ON LAW ENFORCEMENT

6 AND HOMELAND SECURITY.—(1) Not later than 60 days 

7 after the date of the enactment of this Act, the Secretary 

8 of Homeland Security shall, in consultation with the chief 

9 executive officers of the States, submit to Congress a report 

10 on the effects of the deployment of the National Guard and 

11 Reserves on law enforcement and homeland security in the 

12 United States. 

13 (2) The report under this subsection shall include the 

14 following: 

15 (A) The number of civilian first responders on 

16 active duty with the National Guard or Reserves who 

17 are currently deployed overseas. 

18 (B) The number of first responder personnel of 

19 the National Guard or Reserves who are currently de20 ployed overseas. 

21 (C) An assessment by State of the ability of the 

22 States to respond to emergencies without currently de23 ployed National Guard personnel. 

24 SEC. 327. (a) FINDINGS.—Congress makes the fol25 lowing findings: 
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1 (1) The Iraq Survey Group is charged with in2 vestigating the weapons of mass destruction programs 

3 of Iraq. 

4 (2) The Special Advisor to the Director of Cen5 tral Intelligence for Strategy and Iraq heads the ef6 forts of the Iraq Survey Group. 

7 (b) QUARTERLY REPORTS ON STATUS OF EFFORTS OF

8 IRAQ SURVEY GROUP.—Not later than January 1, 2004, 

9 and every three months thereafter through September 30, 

10 2004, the Special Advisor to the Director of Central Intel11 ligence for Strategy and Iraq shall submit to the appro12 priate committees of Congress a comprehensive written re13 port on the status of the efforts of the Iraq Survey Group 

14 to account for the programs of Iraq on weapons of mass 

15 destruction and related delivery systems. 

16 (c) FORM OF REPORT.—Each report required by sub17 section (b) shall be submitted in both classified and unclas18 sified form. 

19 (d) APPROPRIATE COMMITTEES OF CONGRESS DE20 FINED.—In this section, the term ‘‘appropriate committees 

21 of Congress’’ means—

22 (1) the Select Committee on Intelligence and the 

23 Subcommittee on Defense of the Committee on Appro24 priations of the Senate; and 
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1 (2) the Permanent Select Committee on Intel2 ligence and the Subcommittee on Defense of the Com3 mittee on Appropriations of the House of Representa4 tives. 

5 SEC. 328. (a) In the administration of laws and poli6 cies on the period for which members of reserve components 

7 of the Armed Forces called or ordered to active duty under 

8 a provision of law referred to in section 101(a)(13)(B) of 

9 title 10, United States Code, are deployed outside the 

10 United States, the deployment shall be considered to have 

11 begun on the first day of the active-duty service to which 

12 called or ordered and shall be considered to have ended on 

13 the last day of the active-duty service to which called or 

14 ordered. 

15 (b) The Secretary of Defense may waive the require16 ments of subsection (a) in any case in which the Secretary 

17 determines that it is necessary to do so to respond to a na18 tional security emergency or to meet dire operational re19 quirements of the Armed Forces. 

20 SEC. 329. Of the amounts appropriated by this title, 

21 $10,000,000 shall be available only for the Family Readi22 ness Program of the National Guard. 

23 SEC. 330. (a) FINDINGS.—Congress makes the fol24 lowing findings: 
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1 (1) The Committee on Armed Services of the 

2 Senate specified in Senate Report 107–151 to accom3 pany S. 2514 (107th Congress) that the Chief of 

4 Naval Operations submit to the congressional defense 

5 committees a report, not later than June 2, 2003, on 

6 the plans of the Navy for basing aircraft carriers 

7 through 2015. 

8 (2) As of October 16, 2003, the report has not 

9 been submitted. 

10 (b) REPORTON AIRCRAFT CARRIER BASING PLANS

11 THROUGH 2020.—Not later than 120 days after the date 

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

13 submit to the congressional defense committees a report on 

14 the plans of the Navy for basing aircraft carriers through 

15 2020. 

16 SEC. 331. (a) In addition to the strengths authorized 

17 by law for personnel of the Army as of September 30, 2004, 

18 pursuant to paragraphs (1) and (2) of section 115(a) of 

19 title 10, United States Code, the Army is hereby authorized 

20 an additional strength of 10,000 personnel as of such date, 

21 which the Secretary of the Army may allocate as the Sec22 retary determines appropriate among the personnel 

23 strengths required by such section to be authorized annually 

24 under subparagraphs (A) and (B) of paragraph (1) of such 

25 section and paragraph (2) of such section. 
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1 (b) The additional personnel authorized under sub2 section (a) shall be trained, incorporated into an appro3 priate force structure, and used to perform constabulary 

4 duty in such specialties as military police, light infantry, 

5 civil affairs, and special forces, and in any other military 

6 occupational specialty that is appropriate for constabulary 

7 duty. 

8 (c) Of the amount appropriated under chapter 1 of this 

9 title for the Iraq Freedom Fund, $409,000,000 shall be 

10 available for necessary expenses for the additional personnel 

11 authorized under subsection (a). 

12 SEC. 332. (a) SHORT TITLE.—This section may be 

13 cited as the ‘‘Reservists Pay Security Act of 2003’’. 

14 (b) NONREDUCTION IN PAY WHILE FEDERAL EM15 PLOYEE IS PERFORMING ACTIVE SERVICE IN T HE UNI16 FORMED SERVICES OR NATIONAL GUARD.—

17 (1) IN GENERAL.—Subchapter IV of chapter 55 

18 of title 5, United States Code, is amended by adding 

19 at the end the following: 

20 ‘‘§ 5538. Nonreduction in pay while serving in the uni21 formed services or National Guard 

22 ‘‘(a) An employee who is absent from a position of em23 ployment with the Federal Government in order to perform 

24 active duty in the uniformed services pursuant to a call 

25 or order to active duty under a provision of law referred 
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1 to in section 101(a)(13)(B) of title 10 shall be entitled, while 

2 serving on active duty, to receive, for each pay period de3 scribed in subsection (b), an amount equal to the amount 

4 by which—

5 ‘‘(1) the amount of basic pay which would other6 wise have been payable to such employee for such pay 

7 period if such employee’s civilian employment with 

8 the Government had not been interrupted by that 

9 service, exceeds (if at all) 

10 ‘‘(2) the amount of pay and allowances which 

11 (as determined under subsection (d))—

12 ‘‘(A) is payable to such employee for that 

13 service; and 

14 ‘‘(B) is allocable to such pay period. 

15 ‘‘(b)(1) Amounts under this section shall be payable 

16 with respect to each pay period (which would otherwise 

17 apply if the employee’s civilian employment had not been 

18 interrupted)—

19 ‘‘(A) during which such employee is entitled to 

20 reemployment rights under chapter 43 of title 38 with 

21 respect to the position from which such employee is 

22 absent (as referred to in subsection (a)); and 

23 ‘‘(B) for which such employee does not otherwise 

24 receive basic pay (including by taking any annual, 

25 military, or other paid leave) to which such employee 
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1 is entitled by virtue of such employee’s civilian em2 ployment with the Government. 

3 ‘‘(2) For purposes of this section, the period during 

4 which an employee is entitled to reemployment rights under 

5 chapter 43 of title 38—

6 ‘‘(A) shall be determined disregarding the provi7 sions of section 4312(d) of title 38; and 

8 ‘‘(B) shall include any period of time specified 

9 in section 4312(e) of title 38 within which an em10 ployee may report or apply for employment or reem11 ployment following completion of the service on active 

12 duty to which called or ordered as described in sub13 section (a). 

14 ‘‘(c) Any amount payable under this section to an em15 ployee shall be paid—

16 ‘‘(1) by such employee’s employing agency; 

17 ‘‘(2) from the appropriation or fund which 

18 would be used to pay the employee if such employee 

19 were in a pay status; and 

20 ‘‘(3) to the extent practicable, at the same time 

21 and in the same manner as would basic pay if such 

22 employee’s civilian employment had not been inter23 rupted. 

24 ‘‘(d) The Office of Personnel Management shall, in con25 sultation with Secretary of Defense, prescribe any regula-
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1 tions necessary to carry out the preceding provisions of this 

2 section. 

3 ‘‘(e)(1) The head of each agency referred to in section 

4 2302(a)(2)(C)(ii) shall, in consultation with the Office, pre5 scribe procedures to ensure that the rights under this section 

6 apply to the employees of such agency. 

7 ‘‘(2) The Administrator of the Federal Aviation Ad8 ministration shall, in consultation with the Office, prescribe 

9 procedures to ensure that the rights under this section apply 

10 to the employees of that agency. 

11 ‘‘(f) In this section—

12 ‘‘(1) the terms ‘employee’, ‘Federal Government’, 

13 and ‘uniformed services’ have the same respective 

14 meanings as given them in section 4303 of title 38; 

15 ‘‘(2) the term ‘employing agency’, as used with 

16 respect to an employee entitled to any payments 

17 under this section, means the agency or other entity 

18 of the Government (including an agency referred to in 

19 section 2302(a)(2)(C)(ii)) with respect to which such 

20 employee has reemployment rights under chapter 43 

21 of title 38; and 

22 ‘‘(3) the term ‘basic pay’ includes any amount 

23 payable under section 5304.’’. 

24 (2) TECHNICAL AND CONFORMING AMEND25 MENT.—The table of sections for chapter 55 of title 5, 
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1 United States Code, is amended by inserting after the 

2 item relating to section 5537 the following:

‘‘5538. Nonreduction in pay while serving in the uniformed services or National 

Guard.’’.

3 (3) EFFECTIVE PERIOD.—The amendments made 

4 by this section shall apply with respect to pay periods 

5 (as described in section 5538(b) of title 5, United 

6 States Code, as amended by this section) beginning on 

7 or after the date of enactment of this section and end8 ing September 30, 2004. 

9 SEC. 333. (a) FINDINGS.—Congress makes the fol10 lowing findings: 

11 (1) That on October 7, 2001, the Armed Forces 

12 of the United States and its coalition allies launched 

13 military operations in Afghanistan, designated as 

14 Operation Enduring Freedom, that quickly caused the 

15 collapse of the Taliban regime, the elimination of Af16 ghanistan’s terrorist infrastructure and the capture of 

17 significant and numerous members of Al Qaeda. 

18 (2) That on March 19, 2003, the Armed Forces 

19 of the United States and its coalition allies launched 

20 military operations, designated as Operation Iraqi 

21 Freedom, that quickly caused the collapse of Saddam 

22 Hussein’s regime, the elimination of Iraq’s terrorist 

23 infrastructure, the end of Iraq’s illicit and illegal pro-
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1 grams to acquire weapons of mass destruction, and 

2 the capture of significant international terrorists. 

3 (3) That success in those two campaigns in the 

4 Global War on Terrorism would not have been pos5 sible without the dedication, courage, and service of 

6 the members of the United States Armed Forces and 

7 their coalition partners. 

8 (4) That throughout the proud military history 

9 of our Nation, we have recognized our brave men and 

10 women of the Armed Forces by awarding them service 

11 medals for personal bravery and other leadership ac12 tions and for their service in military operations 

13 abroad and for support operations at home and 

14 abroad. 

15 (5) That historically the President has relied on 

16 senior military officers to recommend the personal 

17 and theater campaign medals and that, in keeping 

18 with these longstanding traditions, the Joint Chiefs of 

19 Staff and the combatant commanders, including Gen20 eral Tommy Franks, United States Army, former 

21 Commander of the United States Central Command, 

22 recommended the awards described below in recogni23 tion of the worldwide nature of the current conflict. 

24 (6) That following the advice of his senior mili25 tary and civilian defense leaders, President Bush, by 
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1 Executive Order 13289 on March 12, 2003, estab2 lished the Global War on Terrorism Expeditionary 

3 Medal to be awarded to service members who serve in 

4 military operations to combat terrorism on or after 

5 September 11, 2001, including, but not limited to ac6 tions in Operation Enduring Freedom and Operation 

7 Iraqi Freedom, in such locations as Afghanistan, 

8 Iraq, the Republic of the Philippines, and elsewhere 

9 in Southwest Asia, in recognition of the sacrifice and 

10 contributions military members make in the global 

11 war on terrorism. 

12 (7) That eligibility for the Global War on Ter13 rorism Expeditionary Medal is predicated on deploy14 ment abroad for 30 days or more in support of Global 

15 War on Terrorism operations on or after September 

16 11, 2001. 

17 (8) That by the same Executive Order, the Presi18 dent established the Global War on Terrorism Service 

19 Medical recognizing duty in Operation Noble Eagle 

20 and the homeland defense mission against further ter21 rorist attacks, and which recognizes duty in support 

22 of military operations performed in areas that do not 

23 qualify for the Global War on Terrorism Expedi24 tionary Medal. 
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1 (9) That implementing regulations for eligibility 

2 have not been issued by the Secretary of Defense. 

3 (b) SENSE OF THE SENATE ON THE AWARD OF CAM4 PAIGN MEDAL.—It is the sense of the Senate that the Sec5 retary of Defense should, on an expedited basis, issue the 

6 necessary regulations to implement these awards and ensure 

7 that any person who renders qualifying service with the 

8 Armed Forces in those phases of the Global War on Ter9 rorism including Operation Iraqi Freedom, Operation En10 during Freedom and Operation Noble Eagle should prompt11 ly receive these awards. 

12 SEC. 334. Notwithstanding any other provision of law, 

13 the Federal share of the cost of any disaster relief payment 

14 made under the Robert T. Stafford Disaster Relief and 

15 Emergency Assistance Act (42 U.S.C. 5121 et seq.) for dam16 age caused by Hurricane Isabel shall be 90 percent. 

17 SEC. 335. Of the funds appropriated by this Act, 

18 $500,000,000 shall be available for repair or replacement 

19 of Department of Defense and National Aeronautics and 

20 Space Administration infrastructure damaged or destroyed 

21 by Hurricane Isabel, related flooding, or other related nat22 ural forces: Provided, That the entire amount is designated 

23 by the Congress as an emergency requirement pursuant to 

24 section 502 of House Concurrent Resolution 95 (108th Con25 gress): Provided further, That the entire amount shall be 
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1 available only to the extent that an official budget request 

2 for a specific dollar amount, that includes the designation 

3 of the entire amount of the request as an emergency require4 ment as defined in House Concurrent Resolution 95, the 

5 concurrent resolution on the budget for fiscal year 2004, is 

6 transmitted by the President to the Congress. 

7 TITLE II—INTERNATIONAL AFFAIRS 

8 CHAPTER 1

9 DEPARTMENT OF STATE 

10 ADMINISTRATION OF FOREIGN AFFAIRS

11 DIPLOMATIC AND CONSULAR PROGRAMS

12 (INCLUDING RESCISSION)

13 Of the funds provided under this heading in Public 

14 Law 108–11 (117 Stat. 561), $35,800,000 are rescinded. 

15 For an additional amount for ‘‘Diplomatic and Con16 sular Programs’’, $35,800,000, to remain available until 

17 September 30, 2005. 

18 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

19 SERVICE

20 For an additional amount for ‘‘Emergencies in the 

21 Diplomatic and Consular Service’’, $90,500,000, to remain 

22 available until expended: Provided, That of the funds made 

23 available under this heading, $50,000,000 shall only be 

24 available for rewards: Provided further, That of the funds 

25 made available under this heading, $32,000,000 is for the 

26 reimbursement of the City of New York for costs associated 
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1 with the protection of foreign missions and officials during 

2 the heightened state of alert following the September 11, 

3 2001, terrorist attacks on the United States: Provided fur4 ther, That of the funds made available under this heading, 

5 $8,500,000 is for costs associated with the 2003 Free Trade 

6 Area of the Americas Ministerial meeting: Provided further, 

7 That of the funds previously appropriated under this head8 ing, $2,000,000 is for rewards for an indictee of the Special 

9 Court for Sierra Leone: Provided further, That of prior year 

10 unobligated balances available under this heading, 

11 $8,451,000 shall be transferred to and merged with the ap12 propriation for ‘‘Diplomatic and Consular Programs’’ and 

13 shall be available only for the Border Security Program: 

14 Provided further, That the entire amount shall be available 

15 only to the extent that an official budget request for 

16 $90,500,000, that includes designation of the entire amount 

17 of the request as an emergency requirement as defined in 

18 House Concurrent Resolution 95, the concurrent resolution 

19 on the budget for fiscal year 2004, is transmitted by the 

20 President to the Congress. 
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1 CHAPTER 2

2 BILATERAL ECONOMIC ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT 

4 UNITED STATES AGENCY FOR INTERNATIONAL

5 DEVELOPMENT

6 OPERATING EXPENSES OF THE UNITED STATES AGENCY

7 FOR INTERNATIONAL DEVELOPMENT

8 For an additional amount for ‘‘Operating Expenses of 

9 the United States Agency for International Development’’, 

10 $40,000,000, of which not less than $4,000,000 shall be 

11 transferred to and merged with ‘‘Operating Expenses of the 

12 United States Agency for International Development Office 

13 of Inspector General’’ for financial and performance audits 

14 of the Iraq Relief and Reconstruction Fund and other as15 sistance to Iraq, to remain available until September 30, 

16 2005. 

17 CAPITAL INVESTMENT FUND

18 For an additional amount for ‘‘Capital Investment 

19 Fund’’, $60,500,000, to remain available until expended: 

20 Provided, That the entire amount shall be available only 

21 to the extent that an official budget request for $60,500,000, 

22 that includes designation of the entire amount of the request 

23 as an emergency requirement as defined in House Concur24 rent Resolution 98 (108th Congress), the concurrent resolu25 tion on the budget for fiscal year 2004, is transmitted by 

26 the President to the Congress. 
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1 OTHER BILATERAL ECONOMIC ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT 

3 IRAQ RELIEF AND RECONSTRUCTION FUND

4 (INCLUDING TRANSFERS OF FUNDS)

5 For necessary expenses for security, rehabilitation and 

6 reconstruction in Iraq, $18,449,000,000, to remain avail7 able until expended, to be allocated as follows: 

8 $3,243,000,000 for security and law enforcement; 

9 $1,318,000,000 for justice, public safety infrastructure, and 

10 civil society; $5,560,000,000 for the electric sector; 

11 $1,900,000,000 for oil infrastructure; $4,332,000,000 for 

12 water resources and sanitation; $500,000,000 for transpor13 tation and telecommunications; $370,000,000 for roads, 

14 bridges, and construction; $793,000,000 for health care; 

15 $153,000,000 for private sector development; and 

16 $280,000,000 for education, refugees, human rights, democ17 racy, and governance: Provided, That of the funds made 

18 available pursuant to the previous proviso, not less than 

19 $100,000,000 shall be made available for democracy build20 ing activities in Iraq: Provided further, That none of the 

21 funds appropriated under this heading may be allocated for 

22 any capital project, including construction of a prison, hos23 pital, housing community, railroad, or government build24 ing, until the Coalition Provisional Authority submits a re25 port to the Committees on Appropriations describing in de-
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1 tail the estimated costs (including the costs of consultants, 

2 design, materials, shipping, and labor) on which the request 

3 for funds for such project is based: Provided further, That 

4 in order to control costs, to the maximum extent practicable 

5 Iraqis with the necessary qualifications should be consulted 

6 and utilized in the design and implementation of programs, 

7 projects, and activities funded under this heading: Provided 

8 further, That the Administrator of the United States Agency 

9 for International Development (USAID) shall seek to ensure 

10 that programs, projects, and activities administered by 

11 USAID in Iraq and Afghanistan comply fully with 

12 USAID’s ‘‘Policy Paper: Disability’’ issued on September 

13 12, 1997: Provided further, That the Administrator shall 

14 submit a report to the Committees on Appropriations not 

15 later than December 31, 2004, describing the manner in 

16 which the needs of people with disabilities were met in the 

17 development and implementation of USAID programs, 

18 projects, and activities in Iraq and Afghanistan in fiscal 

19 year 2004: Provided further, That the Administrator, not 

20 later than 180 days after enactment of this Act and in con21 sultation, as appropriate, with other appropriate depart22 ments and agencies, the Architectural and Transportation 

23 Barriers Compliance Board, and nongovernmental organi24 zations with expertise in the needs of people with disabil25 ities, shall develop and implement appropriate standards 
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1 for access for people with disabilities for construction 

2 projects funded by USAID: Provided further, That of the 

3 funds appropriated under this heading, assistance shall be 

4 made available for Iraqi civilians who have suffered losses 

5 as a result of military operations: Provided further, That 

6 not later than 90 days after enactment of this Act the Sec7 retary of State, in consultation with the Secretary of De8 fense, shall submit a report to the Committees on Appro9 priations describing the progress made toward indicting 

10 and trying leaders of the former Iraqi regime for war 

11 crimes, genocide, or crimes against humanity: Provided fur12 ther, That notwithstanding any provision of this chapter, 

13 none of the funds appropriated under this heading may be 

14 made available to enter into any contract or follow-on con15 tract that uses other than full and open competitive con16 tracting procedures as defined in 41 U.S.C. 403(6): Pro17 vided further, That the President may waive the require18 ments of the previous proviso if he determines that it is 

19 necessary to do so as a result of unforeseen or emergency 

20 circumstances: Provided further, That the President may 

21 reallocate funds provided under this heading: Provided fur22 ther, That these funds may be transferred to any Federal 

23 account for any Federal Government activity to accomplish 

24 the purposes provided herein: Provided further, That upon 

25 a determination that all or part of the funds so transferred 
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1 from this appropriation are not necessary for the purposes 

2 provided herein, such amounts may be transferred back to 

3 this appropriation: Provided further, That contributions of 

4 funds for the purposes provided herein from any person, 

5 foreign government, or international organization, may be 

6 credited to this Fund and used for such purposes: Provided 

7 further, That funds appropriated under this heading or 

8 transferred or reallocated under provisions of this chapter 

9 or section 632 of the Foreign Assistance Act of 1961 that 

10 are made available for assistance for Iraq shall be subject 

11 to notifications of the Committees on Appropriations, except 

12 that the notifications shall be transmitted at least 5 days 

13 in advance of the obligation of funds: Provided further, 

14 That the Coalition Provisional Authority shall work, in 

15 conjunction with relevant Iraqi officials, to ensure that a 

16 new Iraqi constitution preserves full rights to religious free17 dom for all individuals, including a prohibition on laws 

18 that would criminalize blasphemy and apostasy: Provided 

19 further, That not later than 90 days after enactment of this 

20 Act and every 90 days thereafter until the ratification of 

21 a new Iraqi constitution, the President shall report to the 

22 appropriate Committees of the Congress, on efforts by the 

23 Coalition Provisional Authority and relevant Iraqi officials 

24 to ensure that the Iraqi constitution preserves religious free25 dom: Provided further, That funds appropriated under this 
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1 heading shall be made available to the General Accounting 

2 Office for an audit of all funds appropriated under this 

3 Act, including tracking the expenditure of appropriated 

4 funds, a comparison of the amounts appropriated under 

5 this Act to the amount actually expended, and a determina6 tion of whether the funds appropriated in this Act are ex7 pended as intended by Congress: Provided further, That of 

8 the funds appropriated under this heading, up to 

9 $13,000,000 may be made available to facilitate inter-eth10 nic and inter-religious dialogue, conflict resolution activi11 ties, support rule of law programs, and train Iraqi leaders 

12 in democratic principles. 

13 ECONOMIC SUPPORT FUND

14 For an additional amount for ‘‘Economic Support 

15 Fund’’, $422,000,000, to remain available until September 

16 30, 2005, for accelerated assistance for Afghanistan: Pro17 vided, That these funds are available notwithstanding sec18 tion 660 of the Foreign Assistance Act of 1961, and section 

19 620(q) of that Act or any comparable provision of law: Pro20 vided further, That these funds may be used for activities 

21 related to disarmament, demobilization, and reintegration 

22 of militia combatants, including registration of such com23 batants, notwithstanding section 531(e) of the Foreign As24 sistance Act of 1961: Provided further, That not to exceed 

25 $200,000,000 appropriated under this heading in the For-
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1 eign Operations, Export Financing, and Related Programs 

2 Appropriations Act, 2004, may be used for the costs, as de3 fined in section 502 of the Congressional Budget Act of 

4 1974, of modifying direct loans and guarantees for Paki5 stan: Provided further, That amounts that are made avail6 able under the previous proviso for the cost of modifying 

7 direct loans and guarantees shall not be considered ‘‘assist8 ance’’ for the purposes of provisions of law limiting assist9 ance to a country. 

10 UNITED STATES EMERGENCY FUND FOR COMPLEX

11 FOREIGN CRISES

12 For necessary expenses to enable the President to re13 spond to or prevent unforeseen complex foreign crises, 

14 $200,000,000, which shall be made available for assistance 

15 for Liberia, of which $100,000,000 shall be derived by 

16 transfer from funds appropriated under any other heading 

17 of this Chapter: Provided, That funds appropriated under 

18 this heading, shall remain available until expended, and 

19 may be made available only pursuant to a determination, 

20 after consultation with the Committees on Appropriations, 

21 by the President that it is in the national interest to furnish 

22 assistance on such terms and conditions as he may deter23 mine for such purposes, including support for peace and 

24 humanitarian intervention operations: Provided further, 

25 That none of these funds shall be available to respond to 
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1 natural disasters: Provided further, That from these funds 

2 the President may make allocations to Federal agencies to 

3 carry out the authorities provided under this heading: Pro4 vided further, That funds appropriated under this heading 

5 shall be subject to the same conditions as those contained 

6 under the same heading in chapter 5 of title I of S. 762, 

7 as reported by the Committee on Appropriations on April 

8 1, 2003: Provided further, That the President may furnish 

9 assistance under this heading notwithstanding any other 

10 provision of law: Provided further, That the provisions of 

11 section 553 of Division E of Public Law 108–7, or any com12 parable provision of law enacted subsequent to the enact13 ment of that Act, shall be applicable to funds appropriated 

14 under this heading: Provided further, That funds appro15 priated under this heading shall be subject to the regular 

16 notification procedures of the Committees on Appropria17 tions, except that notifications shall be transmitted at least 

18 5 days in advance of the obligations of funds: Provided fur19 ther, That the requirements of the previous proviso may be 

20 waived if failure to do so would pose a substantial risk to 

21 human health and welfare: Provided further, That in case 

22 of any such waiver, notification to the Committees on Ap23 propriations shall be provided as early as practicable, but 

24 in no event later than 3 days after taking the action to 

25 which such notification requirement was applicable, in the 
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1 context of such circumstances necessitating such waiver: 

2 Provided further, That any notification provided pursuant 

3 to such waiver shall contain an explanation of the emer4 gency circumstances. 

5 DEPARTMENT OF STATE 

6 INTERNATIONAL NARCOTICS CONTROL AND LAW

7 ENFORCEMENT

8 For an additional amount for ‘‘International Nar9 cotics Control and Law Enforcement’’, $120,000,000, to re10 main available until September 30, 2004, for accelerated 

11 assistance for Afghanistan. 

12 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

13 RELATED PROGRAMS

14 For an additional amount for ‘‘Nonproliferation, 

15 Anti-Terrorism, Demining and Related Programs’’, 

16 $35,000,000, for accelerated assistance for Afghanistan. 

17 MILITARY ASSISTANCE 

18 FUNDS APPROPRIATED TO THE PRESIDENT 

19 FOREIGN MILITARY FINANCING PROGRAM

20 For an additional amount for the ‘‘Foreign Military 

21 Financing Program’’, $222,000,000, for accelerated assist22 ance for Afghanistan. 
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1 PEACEKEEPING OPERATIONS

2 For an additional amount for ‘‘Peacekeeping Oper3 ations’’, $50,000,000, to support the global war on ter4 rorism. 

5 CHAPTER 3

6 GENERAL PROVISIONS, THIS TITLE 

7 SEC. 2301. In addition to transfer authority otherwise 

8 provided in chapter 2 of this title, any appropriation made 

9 available in chapter 2 of this title may be transferred be10 tween such appropriations, to be available for the same pur11 poses and the same time as the appropriation to which 

12 transferred: Provided, That the total amount transferred 

13 pursuant to this section shall not exceed $200,000,000: Pro14 vided further, That the Secretary of State shall consult with 

15 the Committees on Appropriations prior to exercising the 

16 authority contained in this section: Provided further, That 

17 funds made available pursuant to the authority of this sec18 tion shall be subject to the regular notification procedures 

19 of the Committees on Appropriations, except that notifica20 tion shall be transmitted at least 5 days in advance of the 

21 obligation of funds. 

22 SEC. 2302. Assistance or other financing under chapter 

23 2 of this title may be provided for Iraq, notwithstanding 

24 any other provision of law: Provided, That funds made 

25 available for Iraq pursuant to this authority shall be subject 
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1 to the regular reprogramming notification procedures of the 

2 Committees on Appropriations and section 634A of the For3 eign Assistance Act of 1961, except that notification shall 

4 be transmitted at least 5 days in advance of obligation: Pro5 vided further, That the notification requirements of this sec6 tion may be waived if failure to do so would pose a substan7 tial risk to human health or welfare: Provided further, That 

8 in case of any such waiver, notification to the appropriate 

9 congressional committees shall be provided as early as prac10 ticable, but in no event later than 3 days after taking the 

11 action to which such notification requirement was applica12 ble, in the context of circumstances necessitating such waiv13 er: Provided further, That any notification provided pursu14 ant to such a waiver shall contain an explanation of the 

15 emergency circumstances. 

16 SEC. 2303. Funds made available in chapter 2 of this 

17 title are made available notwithstanding section 10 of Pub18 lic Law 91–672 and section 15 of the State Department 

19 Basic Authorities Act of 1956, as amended. 

20 SEC. 2304. Section 1503 of Public Law 108–11 is 

21 amended by, in the last proviso, striking ‘‘2004’’ and insert22 ing in lieu thereof ‘‘2005’’. 

23 SEC. 2305. Section 1504 of Public Law 108–11 is 

24 amended by—
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1 (1) in the first proviso, striking the first proviso, 

2 and inserting in lieu thereof: ‘‘Provided, That subject 

3 to the determination and notification requirements of 

4 this section, exports are authorized to Iraq of lethal 

5 military equipment designated by the Secretary of 

6 State for use by a reconstituted (or interim) Iraqi 

7 military, private security force, other official Iraqi se8 curity forces or police forces, or forces from other 

9 countries in Iraq that support United States efforts 

10 in Iraq:’’; and 

11 (2) in the last proviso, striking ‘‘2004’’ and in12 serting in lieu thereof ‘‘2005’’. 

13 SEC. 2306. Public Law 107–57 is amended—

14 (1) in section 1(b), by striking ‘‘2003’’ wherever 

15 appearing (including in the caption), and inserting 

16 in lieu thereof ‘‘2004’’; 

17 (2) in section 3(2), by striking ‘‘Foreign Oper18 ations, Export Financing, and Related Programs Ap19 propriations Act, 2002, as is’’ and inserting in lieu 

20 thereof ‘‘annual foreign operations, export financing, 

21 and related programs appropriations Acts for fiscal 

22 years 2002, 2003, and 2004, as are’’; and 

23 (3) in section 6, by striking ‘‘2003’’ and insert24 ing in lieu thereof ‘‘2004’’. 
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1 SEC. 2307. Notwithstanding any other provision of 

2 law, the Overseas Private Investment Corporation is au3 thorized to undertake any program authorized by title IV 

4 of the Foreign Assistance Act of 1961 in Iraq. 

5 SEC. 2308. Funds appropriated by chapter 2 of this 

6 title under the headings ‘‘Economic Support Fund’’, ‘‘Inter7 national Narcotics Control and Law Enforcement’’, Peace8 keeping Operations’’, and ‘‘Foreign Military Financing 

9 Program’’ shall be subject to the regular notification proce10 dures of the Committees on Appropriations. 

11 SEC. 2309. (a) The Coalition Provisional Authority 

12 (CPA) shall, on a monthly basis, submit a report to the 

13 Committees on Appropriations which details, for the pre14 ceding month, Iraqi oil production and oil revenues, and 

15 uses of such revenues. 

16 (b) The first report required by subsection (a) shall be 

17 submitted not later than 30 days after enactment of this 

18 Act. 

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

20 made publicly available in both English and Arabic, in21 cluding through the CPA’s Internet website. 

22 SEC. 2310. (a) REPORTS OF COALITION PROVISIONAL

23 AUTHORITY.—Not later than January 1, 2004, and every 

24 90 days thereafter, the Administrator of the Coalition Pro25 visional Authority (CPA) shall submit to the Committees 
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1 on Appropriations and Armed Services of the Senate and 

2 the House of Representatives a report on all obligations, 

3 expenditures, and revenues associated with reconstruction, 

4 rehabilitation, and security activities in Iraq during the 

5 preceding 90 days, including the following: 

6 (1) Obligations and expenditures of appropriated 

7 funds. 

8 (2) A project-by-project and program-by-pro9 gram accounting of the costs incurred to date for the 

10 reconstruction of Iraq, together with the estimate of 

11 the Authority of the costs to complete each project and 

12 each program. 

13 (3) Revenues attributable to or consisting of 

14 funds provided by foreign nations or international or15 ganizations, and any obligations or expenditures of 

16 such revenues. 

17 (4) Revenues attributable to or consisting of for18 eign assets seized or frozen, and any obligations or ex19 penditures of such revenues. 

20 (5) Operating expenses of the Authority and of 

21 any other agencies or entities receiving funds appro22 priated by title. 

23 (b) COMPTROLLER GENERAL AUDIT, INVESTIGATIONS, 

24 AND REPORTS.—(1) The Comptroller General of the United 

25 States shall conduct an on-going audit of the Coalition Pro-
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1 visional Authority, and may conduct such additional inves2 tigations as the Comptroller General, in consultation with 

3 the Committees on Appropriations, considers appropriate, 

4 to evaluate the reconstruction, rehabilitation, and security 

5 activities in Iraq. 

6 (2) In conducting the audit and any investigations 

7 under paragraph (1), the Comptroller General shall have 

8 access to any information and records created or main9 tained by the Authority, or by any other entity receiving 

10 appropriated funds for reconstruction, rehabilitation, or se11 curity activities in Iraq, that the Comptroller General con12 siders appropriate to conduct the audit or investigations. 

13 (3) Not later than 120 days after the date of the enact14 ment of this Act, the Comptroller General shall submit to 

15 the Committees on Appropriations and Armed Services of 

16 the Senate and the House of Representatives a report on 

17 the audit and any investigations conducted under para18 graph (1). The report shall include information as follows: 

19 (A) A detailed description of the organization 

20 and authorities of the Authority. 

21 (B) A detailed description of the relationship be22 tween the Authority and other Federal agencies, in23 cluding the Department of Defense, the Department of 

24 State, the Executive Office of the President, and the 

25 National Security Council. 
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1 (C) A detailed description of the extent of the use 

2 of private contractors to assist in Authority oper3 ations and to carry out reconstruction, rehabilitation, 

4 or security activities in Iraq, including an assessment 

5 of—

6 (i) the nature of the contract vehicles used 

7 to perform the work, including the extent of com8 petition used in entering into the contracts and 

9 the amount of profit provided in the contracts; 

10 (ii) the nature of the task orders or other 

11 work orders used to perform the work, including 

12 the extent to which performance-based, cost13 based, and fixed-price task orders were used; 

14 (iii) the reasonableness of the rates charged 

15 by such contractors, including an assessment of 

16 the impact on rates of a greater reliance on Iraqi 

17 labor or other possible sources of supply; 

18 (iv) the extent to which such contractors 

19 performed work themselves and, to the extent that 

20 subcontractors were utilized, how such sub21 contractors were selected; and 

22 (v) the extent to which the Authority or 

23 such contractors relied upon consultants to assist 

24 in projects or programs, the amount paid for 

25 such consulting services, and whether such con-
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1 sulting services were obtained pursuant to full 

2 and open competition. 

3 (D) A detailed description of the measures adopt4 ed by the Authority and other Federal agencies to 

5 monitor and prevent waste, fraud, and abuse in the 

6 expenditure of appropriated funds in the carrying out 

7 of reconstruction, rehabilitation, and security activi8 ties in Iraq. 

9 (E) A certification by the Comptroller General 

10 as to whether or not the Comptroller General had ade11 quate access to relevant information to make informed 

12 judgments on the matters covered by the report. 

13 (4) The Comptroller General shall from time to time 

14 submit to the Committees on Appropriations and Armed 

15 Services of the Senate and the House of Representatives a 

16 supplemental report on the audit, and any further inves17 tigations, conducted under paragraph (1). Each such report 

18 shall include such updates of the previous reports under this 

19 subsection as the Comptroller General considers appropriate 

20 to keep Congress fully and currently apprised on the recon21 struction, rehabilitation, and security activities in Iraq. 

22 SEC. 2311. None of the funds made available by this 

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

24 11 may be made available to pay any costs associated with 
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1 debts incurred by the former government of Saddam Hus2 sein. 

3 SEC. 2312. Title III of Public Law 107–327 is amend4 ed as follows by inserting the following new section: 

5 ‘‘SEC. 304. REPORTS. 

6 ‘‘The Secretary of State shall submit reports to the 

7 Committees on Foreign Relations and Appropriations of the 

8 Senate, and the Committees on International Relations and 

9 Appropriations of the House of Representatives on progress 

10 made in accomplishing the ‘Purposes of Assistance’ set forth 

11 in section 102 of this Act utilizing assistance provided by 

12 the United States for Afghanistan. The first report shall be 

13 submitted no later than December 31, 2003, and subsequent 

14 reports shall be submitted in conjunction with reports re15 quired under section 303 of this title and thereafter through 

16 December 31, 2004.’’. 

17 SEC. 2313. (a) NEW OFFENSE.—

18 (1) IN GENERAL.—Chapter 47 of title 18, 5 

19 United States Code, is amended by adding at the end 

20 the following: 

21 ‘‘SEC. 1037. WAR PROFITEERING AND FRAUD RELATING TO 

22 MILITARY ACTION, RELIEF, AND RECON23 STRUCTION EFFORTS IN IRAQ. 

24 ‘‘(a) Whoever, in any matter involving a contract or 

25 the provision of goods or services, directly or indirectly, in 
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1 connection with the war, military action, or relief or recon2 struction activities in Iraq, knowingly and willfully—

3 ‘‘(1) executes or attempts to execute a scheme or 

4 artifice to defraud the United States or Iraq; 

5 ‘‘(2) falsifies, conceals, or covers up by any trick, 

6 scheme or device a material fact; 

7 ‘‘(3) makes any materially false, fictitious, or 

8 fraudulent statements or representations, or makes or 

9 uses any materially false writing or document know10 ing the same to contain any materially false, ficti11 tious, or fraudulent statement or entry; or 

12 ‘‘(4) materially overvalues any good or service 

13 with the specific intent to excessively profit from the 

14 war, military action, or relief or reconstruction ac15 tivities in Iraq; 

16 shall be fined not more than $1,000,000 or imprisoned not 

17 more than 20 years, or both. In lieu of a fine otherwise 

18 authorized by this section, a defendant who derives profits 

19 or other proceeds from an offense under this section may 

20 be fined not more than twice the gross profits or other pro21 ceeds. 

22 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is 

23 extraterritorial Federal jurisdiction over an offense under 

24 this section. 
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1 ‘‘(c) VENUE.—A prosecution for an offense under this 

2 section may be brought—

3 ‘‘(1) as authorized by Chapter 211 of Title 18; 

4 ‘‘(2) in any district where any act in further5 ance of the offense took place; or 

6 ‘‘(3) in any district where any party to the con7 tract or provider of goods or services is located.’’. 

8 (2) CHAPTER ANALYSIS.—The chapter analysis 

9 for chapter 47 of title 18, United States Code, is 

10 amended by inserting at the end the following:

‘‘1037. War profiteering and fraud relating to military action, relief, and reconstruction efforts in Iraq.’’

11 (b) FORFEITURE.—Section 981(a)(1)(C) of title 18, 

12 United States Code, is amended by inserting after ‘‘1032,’’ 

13 the following: ‘‘1037,’’. 

14 (c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

15 title 18, United States Code, is amended by inserting before 

16 ‘‘, section 1111’’ the following: ‘‘, section 1037 War Profit17 eering and Fraud Relating to Military Action, Relief, and 

18 Reconstruction Efforts in Iraq)’’. 

19 (d) EXPIRATION OF AUTHORITIES.—The authorities 

20 contained in this amendment shall expire upon the date 

21 that major combat operations in Iraq cease and desist, the 

22 Coalition Provisional Authority transfers responsibility for 

23 governing Iraq to an indigenous Iraqi government, and a 

24 U.S. mission to Iraq, under the direction and guidance of 
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1 the Secretary of State, is responsible for U.S. assistance ef2 forts in Iraq. 

3 SEC. 2314. Not later than 120 days after the date of 

4 the enactment of this Act, the President shall submit to Con5 gress a report on the efforts of the Government of the United 

6 States to increase the resources contributed by foreign coun7 tries and international organizations to the reconstruction 

8 of Iraq and the feasibility of repayment of funds contributed 

9 for infrastructure projects in Iraq. The report shall in10 clude—

11 (1) a description of efforts by the Government of 

12 the United States to increase the resources contributed 

13 by foreign countries and international organizations 

14 to the reconstruction of Iraq; 

15 (2) an accounting of the funds contributed to as16 sist in the reconstruction of Iraq, disaggregated by 

17 donor; 

18 (3) an assessment of the effect that—

19 (A) the bilateral debts incurred during the 

20 regime of Saddam Hussein have on Iraq’s abil21 ity to finance essential programs to rebuild in22 frastructure and restore critical public services, 

23 including health care and education, in Iraq; 

24 and 
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1 (B) forgiveness of such debts would have on 

2 the reconstruction and long-term prosperity in 

3 Iraq; 

4 (4) a description of any commitment by a for5 eign country or international organization to forgive 

6 any part of a debt owed by Iraq if such debt was in7 curred during the regime of Saddam Hussein; and 

8 (5) an assessment of the feasibility of repayment 

9 by Iraq—

10 (A) of bilateral debts incurred during the 

11 regime of Saddam Hussein; and 

12 (B) of the funds contributed by the United 

13 States to finance infrastructure projects in Iraq. 

14 SEC. 2315. (a) Not later than April 30, 2004, the Sec15 retary of Defense shall submit a certification to Congress 

16 of the amount that Iraq will pay, or that will be paid on 

17 behalf of Iraq, during fiscal year 2004 to a foreign country 

18 to service a debt incurred by Iraq during the regime of Sad19 dam Hussein, including any amount used for the payment 

20 of principal, interest, or fees associated with such debt. Such 

21 certification shall include—

22 (1) the actual amount spent for such purpose 

23 during the period from October 1, 2003 through 

24 March 31, 2004; and 
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1 (2) the estimated amount that the Secretary rea2 sonably believes will be used for such purpose during 

3 the period from April 1, 2004 through September 30, 

4 2004. 

5 (b) On May 1, 2004, the Director of the Office of Man6 agement and Budget shall administratively reserve, out of 

7 the unobligated balance of the funds appropriated in this 

8 title under the subheading ‘‘IRAQ RELIEF AND RECON9 STRUCTION FUND’’ under the heading ‘‘OTHER BILAT10 ERAL ECONOMIC ASSISTANCE FUNDS APPRO11 PRIATED TO THE PRESIDENT’’, the amount that is 

12 equal to the sum of the amount certified under paragraph 

13 (1) of subsection (a) and the estimated amount certified 

14 under paragraph (2) of such subsection. The amount so re15 served may not be obligated or expended on or after such 

16 date. 

17 (c) The Director of the Office of Management and 

18 Budget shall impose such restrictions and conditions as the 

19 Director determines necessary to ensure that, in the appor20 tionment of amounts appropriated as described in sub21 section (b), the balance of the total amount so appropriated 

22 that remains unobligated on May 1, 2004, exceeds the 

23 amount that is to be reserved under subsection (b). 

24 (d) It is the sense of Congress that each country that 

25 is owed a debt by Iraq that was incurred during the regime 
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1 of Saddam Hussein should forgive such debt, including any 

2 amount owed by Iraq for the principal, interest, and fees 

3 associated with such debt. 

4 SEC. 2316. (a) Congress finds that—

5 (1) in a speech delivered to the United Nations 

6 on September 23, 2003, President George W. Bush ap7 pealed to the international community to take action 

8 to make the world a safer and better place; 

9 (2) in that speech, President Bush emphasized 

10 the responsibility of the international community to 

11 help the people of Iraq rebuild their country into a 

12 free and democratic state; 

13 (3) for a plan for Iraq’s future to be appropriate, 

14 the provisions of that plan must be consistent with 

15 the best interests of the Iraqi people; 

16 (4) premature self-government could make the 

17 Iraqi state inherently weak and could serve as an in18 vitation for terrorists to sabotage the development of 

19 a democratic, economically prosperous Iraq. 

20 (b) It is the sense of Congress that—

21 (1) arbitrary deadlines should not be set for the 

22 dissolution of the Coalition Provisional Authority or 

23 the transfer of its authority to an Iraqi governing au24 thority; and 
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1 (2) no such dissolution or transfer of authority 

2 should occur until the ratification of an Iraqi con3 stitution and the establishment of an elected govern4 ment in Iraq. 

5 SEC. 2317. GENERAL ACCOUNTING OFFICE REVIEW. 

6 (a) The Comptroller General of the United States shall—

7 (1) review the effectiveness of relief and recon8 struction activities conducted by the Coalition Provi9 sional Authority (hereafter in this section ‘‘CPA’’) 

10 from funds made available under the ‘‘Iraq Relief and 

11 Reconstruction Fund’’ in this title, including by pro12 viding analyses of—

13 (A) the degree to which the CPA is meeting 

14 the relief and reconstruction goals and objectives 

15 in the major sectors funded under this title, and 

16 is enhancing indigenous capabilities; 

17 (B) compliance by the CPA and the Govern18 ment departments with Federal laws governing 

19 competition in contracting; and 

20 (C) the degree to which the CPA is expend21 ing funds economically and efficiently, including 

22 through use of local contractors; 

23 (2) report quarterly to the appropriate congres24 sional committees on the results of the review con25 ducted under paragraph (1). 
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1 (b) In this section, the term ‘‘appropriate congressional 

2 committees’’ means—

3 (1) the Committees on Appropriations, Armed 

4 Services, and Foreign Relations of the Senate; and 

5 (2) the Committees on Appropriations, Armed 

6 Services, and International Relations of the House of 

7 Representatives. 

8 SEC. 2318. None of the funds appropriated or other9 wise made available by this Act under the heading ‘‘IRAQ

10 RELIEF AND RECONSTRUCTION FUND’’, or under any other 

11 heading, may be obligated or expended for the purpose of 

12 arming, training, or employing individuals under the age 

13 of 18 years for the Facilities Protection Service, to carry 

14 out any function similar to the functions performed by the 

15 Service, or for any other security force. 

16 SEC. 2319. (a) Of the amounts appropriated under the 

17 subheading ‘‘IRAQ RELIEF AND RECONSTRUCTION FUND’’—

18 (1) the $5,136,000,000 allocated for security, in19 cluding public safety requirements, national security, 

20 and justice shall be used to rebuild Iraq’s security 

21 services; 

22 (2) $5,168,000,000 shall be available for the pur23 poses, other than security, set out under such sub24 heading; and 
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1 (3) $10,000,000,000 shall be available to the 

2 President to use as loans to Iraq for the purposes, 

3 other than security, set out under such subheading 

4 until the date on which the President submits the cer5 tification described in subsection (c). 

6 (b) The President shall submit a notification to Con7 gress if, of the amounts referred to in paragraphs (1) and 

8 (2) of subsection (a), an amount in excess of $250,000,000 

9 is used for any single purpose in Iraq. 

10 (c)(1) The certification referred to in subsection (a)(3) 

11 is a certification submitted to Congress by the President 

12 stating that not less than 90 percent of the total amount 

13 of the bilateral debt incurred by the regime of Saddam Hus14 sein has been forgiven by the countries owed such debt. 

15 (2) On the date that the President submits the certifi16 cation described in paragraph (1)—

17 (A) the unobligated balance of the 

18 $10,000,000,000 referred to in subsection (a)(3) may 

19 be obligated and expended with no requirement that 

20 such amount be provided as loans to Iraq; and 

21 (B) the President may waive repayment of any 

22 amount made as a loan under subsection (a)(3) prior 

23 to such date. 

24 (d) The head of the Coalition Provisional Authority 

25 shall ensure that the amounts appropriated under the sub-
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1 heading ‘‘IRAQ RELIEF AND RECONSTRUCTION FUND’’, are 

2 expended, whether by the United States or by the Governing 

3 Counsel in Iraq, for the purposes set out under such sub4 heading and in a manner that the head of the Coalition 

5 Provisional Authority does not find objectionable. 

6 (e) It is the sense of Congress that each country that 

7 is owed bilateral debt by Iraq that was incurred by the re8 gime of Saddam Hussein should—

9 (1) forgive such debt; and 

10 (2) provide robust amounts of reconstruction aid 

11 to Iraq during the conference of donors scheduled to 

12 begin on October 23, 2003, in Madrid, Spain and 

13 during other conferences of donors of foreign aid. 

14 (f) In this section: 

15 (1) The term ‘‘amounts appropriated under the 

16 subheading ‘IRAQ RELIEF AND RECONSTRUCTION

17 FUND’ ’’ means the amounts appropriated by chapter 

18 2 of this title under the subheading ‘‘IRAQ RELIEF

19 AND RECONSTRUCTION FUND’’ under the heading 

20 ‘‘OTHER BILATERAL ECONOMIC ASSISTANCE 

21 FUNDS APPROPRIATED TO THE PRESIDENT’’. 

22 (2) The term ‘‘Coalition Provisional Authority’’ 

23 means the entity charged by the President with di24 recting reconstruction efforts in Iraq. 

25 SEC. 2320. (a) Congress makes the following findings: 
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1 (1) A coalition of allied countries led by the 

2 United States entered Iraq on March 19, 2003, to lib3 erate the people of Iraq from the tyrannical rule of 

4 Saddam Hussein and the Baathist party and to re5 move a threat to global security and stability. 

6 (2) Achieving stability in Iraq will require sub7 stantial monetary investments to develop a secure en8 vironment and improve the physical infrastructure. 

9 (3) A stable and prosperous Iraq is important to 

10 peace and economic development in the Middle East 

11 and elsewhere. 

12 (4) As of October 2003, the United States has 

13 provided the majority of the personnel and financial 

14 contributions to the effort to rebuild Iraq. 

15 (5) Congress fully supports efforts to establish a 

16 stable economic, social, and political environment in 

17 Iraq. 

18 (6) The President is currently seeking to increase 

19 global participation in the effort to stabilize and re20 construct Iraq. 

21 (7) While the United States should aid the people 

22 of Iraq, the participation of the people of Iraq in the 

23 reconstruction effort is essential for the success of such 

24 effort. 
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1 (b) It is the sense of Congress that the President 

2 should—

3 (1) make every effort to increase the level of fi4 nancial commitment from other nations to improve 

5 the physical, political, economic, and social infra6 structure of Iraq; and 

7 (2) seek to provide aid from the United States to 

8 Iraq in a manner that promotes economic growth in 

9 Iraq and limits the long-term cost to taxpayers in the 

10 United States. 

11 SEC. 2321. (a) INITIAL REPORTON RELIEF AND RE12 CONSTRUCTION.—Not later than 60 days after the date of 

13 enactment of this Act, the President shall submit to Con14 gress a report on the United States strategy for activities 

15 related to post-conflict security, humanitarian assistance, 

16 governance, and reconstruction to be undertaken as a result 

17 of Operation Iraqi Freedom. The report shall include infor18 mation on the following: 

19 (1) The distribution of duties and responsibilities 

20 regarding such activities among the agencies of the 

21 United States Government, including the Department 

22 of State, the United States Agency for International 

23 Development, and the Department of Defense. 

24 (2) A plan describing the roles and responsibil25 ities of foreign governments and international organi-
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1 zations, including the United Nations, in carrying 

2 out such activities. 

3 (3) A strategy for coordinating such activities 

4 among the United States Government, foreign govern5 ments, and international organizations, including the 

6 United Nations. 

7 (4) A strategy for distributing the responsibility 

8 for paying costs associated with reconstruction activi9 ties in Iraq among the United States Government, 

10 foreign governments, and international organizations, 

11 including the United Nations, and for actions to be 

12 taken by the President to secure increased inter13 national participation in peacekeeping and security 

14 efforts in Iraq. 

15 (5) A comprehensive strategy for completing the 

16 reconstruction of Iraq, estimated timelines for the 

17 completion of significant reconstruction milestones, 

18 and estimates for Iraqi oil production. 

19 (b) SUBSEQUENT REPORTS ON RELIEF AND RECON20 STRUCTION.—(1) Not later than 60 days after the submittal 

21 of the report required by subsection (a), and every 60 days 

22 thereafter until all funds provided by this title are ex23 pended, the President shall submit to Congress a report that 

24 includes information as follows: 
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1 (A) A list of all activities undertaken related to 

2 reconstruction in Iraq, and a corresponding list of the 

3 funds obligated in connection with such activities, 

4 during the preceding 60 days. 

5 (B) A list of the significant activities related to 

6 reconstruction in Iraq that the President anticipates 

7 initiating during the ensuing 60-day period, includ8 ing—

9 (i) the estimated cost of carrying out the 

10 proposed activities; and 

11 (ii) the source of the funds that will be used 

12 to pay such costs. 

13 (C) Updated strategies, objectives, and timelines 

14 if significant changes are proposed regarding matters 

15 included in the report required under subsection (a), 

16 or in any previous report under this subsection. 

17 (2) Each report under this subsection shall include in18 formation on the following: 

19 (A) The expenditures for, and progress made to20 ward, the restoration of basic services in Iraq such as 

21 water, electricity, sewer, oil infrastructure, a national 

22 police force, an Iraqi army, and judicial systems. 

23 (B) The significant goals intended to be achieved 

24 by such expenditures. 
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1 (C) The progress made toward securing increased 

2 international participation in peacekeeping efforts 

3 and in the economic and political reconstruction of 

4 Iraq. 

5 (D) The progress made toward securing Iraqi 

6 borders. 

7 (E) The progress made toward securing self-gov8 ernment for the Iraqi people and the establishment of 

9 a democratically elected government. 

10 (F) The progress made in securing and elimi11 nating munitions caches, unexploded ordinance, and 

12 excess military equipment in Iraq. 

13 (G) The measures taken to protect United States 

14 troops serving in Iraq. 

15 SEC. 2322. REQUIREMENTS RELATING TO UNITED

16 STATES ACTIVITIES IN AFGHANISTAN AND IRAQ. (a) GOV17 ERNANCE.—Activities carried out by the United States with 

18 respect to the civilian governance of Afghanistan and Iraq 

19 shall, to the maximum extent practicable—

20 (1) include the perspectives and advice of wom21 en’s organizations in Afghanistan and Iraq, respec22 tively; 

23 (2) promote the inclusion of a representative 

24 number of women in future legislative bodies to en25 sure that the full range of human rights for women 
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1 are included and upheld in any constitution or legal 

2 institution of Afghanistan and Iraq, respectively; and 

3 (3) encourage the appointment of women to high 

4 level positions within ministries in Afghanistan and 

5 Iraq, respectively. 

6 (b) POST-CONFLICT RECONSTRUCTION AND DEVELOP7 MENT.—Activities carried out by the United States with re8 spect to post-conflict stability in Afghanistan and Iraq 

9 shall, to the maximum extent practicable—

10 (1) encourage the United States organizations 

11 that receive funds made available by this Act to—

12 (A) partner with or create counterpart or13 ganizations led by Afghans and Iraqis, respec14 tively; and 

15 (B) to provide such counterpart organiza16 tions with significant financial resources, tech17 nical assistance, and capacity building; 

18 (2) increase the access of women to, or ownership 

19 by women of, productive assets such as land, water, 

20 agricultural inputs, credit, and property in Afghani21 stan and Iraq, respectively; 

22 (3) provide long-term financial assistance for 

23 education for girls and women in Afghanistan and 

24 Iraq, respectively; and 
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1 (4) integrate education and training programs 

2 for former combatants in Afghanistan and Iraq, re3 spectively, with economic development programs to—

4 (A) encourage the reintegration of such 

5 former combatants into society; and 

6 (B) promote post-conflict stability in Af7 ghanistan and Iraq, respectively. 

8 (c) MILITARY AND POLICE.—Activities carried out by 

9 the United States with respect to training for military and 

10 police forces in Afghanistan and Iraq shall—

11 (1) include training on the protection, rights, 

12 and particular needs of women and emphasize that 

13 violations of women’s rights are intolerable and 

14 should be prosecuted; and 

15 (2) encourage the personnel providing the train16 ing described in paragraph (1) to consult with wom17 en’s organizations in Afghanistan and Iraq, respec18 tively, to ensure that training content and materials 

19 are adequate, appropriate, and comprehensive. 

20 TITLE III—LEAVE FOR MILITARY FAMILIES 

21 SEC. 3001. SHORT TITLE. This title may be cited as 

22 the ‘‘Military Families Leave Act of 2003’’. 

23 SEC. 3002. GENERAL REQUIREMENTS FOR LEAVE. (a) 

24 ENTITLEMENT TO LEAVE.—Section 102(a) of the Family 
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1 and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is 

2 amended by adding at the end the following: 

3 ‘‘(3) ENTITLEMENT TO LEAVE DUE TO FAMILY

4 MEMBER’S ACTIVE DUTY.—

5 ‘‘(A) IN GENERAL.—Subject to section 

6 103(f), an eligible employee shall be entitled to a 

7 total of 12 workweeks of leave during any 12-

8 month period because a spouse, son, daughter, or 

9 parent of the employee is a member of the Armed 

10 Forces—

11 ‘‘(i) on active duty in support of a 

12 contingency operation; or 

13 ‘‘(ii) notified of an impending call or 

14 order to active duty in support of a contin15 gency operation. 

16 ‘‘(B) CONDITIONS AND TIME FOR TAKING

17 LEAVE.—An eligible employee shall be entitled to 

18 take leave under subparagraph (A)—

19 ‘‘(i) while the employee’s spouse, son, 

20 daughter, or parent (referred to in the sub21 paragraph as the ‘family member’) is on ac22 tive duty in support of a contingency oper23 ation, and, if the family member is a mem24 ber of a reserve component of the Armed 

25 Forces, beginning when such family member 
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1 receives notification of an impending call or 

2 order to active duty in support of a contin3 gency operation; and 

4 ‘‘(ii) only for issues relating to or re5 sulting from such family member’s—

6 ‘‘(I) service on active duty in sup7 port of a contingency operation; and 

8 ‘‘(II) if a member of a reserve 

9 component of the Armed Forces—

10 ‘‘(aa) receipt of notification 

11 of an impending call or order to 

12 active duty in support of a con13 tingency operation; and 

14 ‘‘(bb) service on active duty 

15 in support of such operation. 

16 ‘‘(4) LIMITATION.—No employee may take more 

17 than a total of 12 workweeks of leave under para18 graphs (1) and (3) during any 12-month period.’’. 

19 (b) SCHEDULE.—Section 102(b)(1) of such Act (29 

20 U.S.C. 2612(b)(1)) is amended by inserting after the second 

21 sentence the following: ‘‘Leave under subsection (a)(3) may 

22 be taken intermittently or on a reduced leave schedule.’’. 

23 (c) SUBSTITUTION OF PAID LEAVE.—Section 

24 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is 
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1 amended by inserting ‘‘or subsection (a)(3)’’ after ‘‘sub2 section (a)(1)’’. 

3 (d) NOTICE.—Section 102(e) of such Act (29 U.S.C. 

4 2612(e)) is amended by adding at the end the following: 

5 ‘‘(3) NOTICE FOR LEAVE DUE TO FAMILY MEM6 BER’S ACTIVE DUTY.—An employee who intends to 

7 take leave under subsection (a)(3) shall provide such 

8 notice to the employer as is practicable.’’. 

9 (e) CERTIFICATION.—Section 103 of such Act (29 

10 U.S.C. 2613) is amended by adding at the end the following: 

11 ‘‘(f) CERTIFICATION FOR LEAVE DUE TO FAMILY

12 MEMBER’S ACTIVE DUTY.—An employer may require that 

13 a request for leave under section 102(a)(3) be supported by 

14 a certification issued at such time and in such manner as 

15 the Secretary may by regulation prescribe.’’. 

16 SEC. 3003. LEAVE FOR CIVIL SERVICE EMPLOYEES. 

17 (a) ENTITLEMENT TO LEAVE.—Section 6382(a) of title 5, 

18 United States Code, is amended by adding at the end the 

19 following: 

20 ‘‘(3)(A) Subject to section 6383(f), an eligible 

21 employee shall be entitled to a total of 12 workweeks 

22 of leave during any 12-month period because a 

23 spouse, son, daughter, or parent of the employee is a 

24 member of the Armed Forces—
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1 ‘‘(i) on active duty in support of a contin2 gency operation; or 

3 ‘‘(ii) notified of an impending call or order 

4 to active duty in support of a contingency oper5 ation. 

6 ‘‘(B) An eligible employee shall be entitled to 

7 take leave under subparagraph (A)—

8 ‘‘(i) while the employee’s spouse, son, 

9 daughter, or parent (referred to in the subpara10 graph as the ‘family member’) is on active duty 

11 in support of a contingency operation, and, if 

12 the family member is a member of a reserve com13 ponent of the Armed Forces, beginning when 

14 such family member receives notification of an 

15 impending call or order to active duty in sup16 port of a contingency operation; and 

17 ‘‘(ii) only for issues relating to or resulting 

18 from such family member’s—

19 ‘‘(I) service on active duty in support 

20 of a contingency operation; and 

21 ‘‘(II) if a member of a reserve compo22 nent of the Armed Forces—

23 ‘‘(aa) receipt of notification of an 

24 impending call or order to active duty 
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1 in support of a contingency operation; 

2 and 

3 ‘‘(bb) service on active duty in 

4 support of such operation. 

5 ‘‘(4) No employee may take more than a total of 

6 12 workweeks of leave under paragraphs (1) and (3) 

7 during any 12-month period.’’. 

8 (b) SCHEDULE.—Section 6382(b)(1) of such title is 

9 amended by inserting after the second sentence the fol10 lowing: ‘‘Leave under subsection (a)(3) may be taken inter11 mittently or on a reduced leave schedule.’’. 

12 (c) SUBSTITUTION OF PAID LEAVE.—Section 6382(d) 

13 of such title is amended by inserting ‘‘or subsection (a)(3)’’ 

14 after ‘‘subsection (a)(1)’’. 

15 (d) NOTICE.—Section 6382(e) of such title is amended 

16 by adding at the end the following: 

17 ‘‘(3) An employee who intends to take leave 

18 under subsection (a)(3) shall provide such notice to 

19 the employing agency as is practicable.’’. 

20 (e) CERTIFICATION.—Section 6383 of such title is 

21 amended by adding at the end the following: 

22 ‘‘(f) An employing agency may require that a request 

23 for leave under section 6382(a)(3) be supported by a certifi24 cation issued at such time and in such manner as the Office 

25 of Personnel Management may by regulation prescribe.’’. 
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1 TITLE IV—DEPARTMENT OF VETERANS AFFAIRS 

2 VETERANS HEALTH ADMINISTRATION

3 MEDICAL CARE

4 For an additional amount for medical care and related 

5 activities under this heading for fiscal year 2004, 

6 $1,300,000,000, to remain available until September 30, 

7 2005. 

8 TITLE V—GENERAL PROVISION, THIS ACT 

9 SEC. 5001. Not later than 30 days after the date of 

10 the enactment of this Act, and every 90 days thereafter until 

11 December 31, 2007, the President shall submit to each Mem12 ber of Congress a report on the projected total costs of 

13 United States operations in Iraq, including military oper14 ations and reconstruction efforts, through fiscal year 2008. 

15 The President shall include in each report after the initial 

16 report an explanation of any change in the total projected 

17 costs since the previous report. 

18 SEC. 5002. The amounts provided in this Act are des19 ignated by the Congress as an emergency requirement pur20 suant to section 502 of H. Con. Res. 95 (108th Congress). 

21 SEC. 5003. (a) None of the funds appropriated by this 

22 Act may be obligated or expended by the head of an execu23 tive agency for payments under any contract or other agree24 ment described in subsection (b) that is not entered into 

25 with full and open competition unless, not later than 30 
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1 days after the date on which the contract or other agreement 

2 is entered into, such official—

3 (1) submits a report on the contract or other 

4 agreement to the Committees on Armed Services, on 

5 Governmental Affairs, and on Appropriations of the 

6 Senate, and the Committees on Armed Services, on 

7 Government Reform, and on Appropriations of the 

8 House of Representatives; and 

9 (2) publishes such report in the Federal Register 

10 and the Commerce Business Daily. 

11 (b) This section applies to any contract or other agree12 ment in excess of $1,000,000 that is entered into with any 

13 public or private sector entity for any of the following pur14 poses: 

15 (1) To build or rebuild physical infrastructure of 

16 Iraq. 

17 (2) To establish or reestablish a political or soci18 etal institution of Iraq. 

19 (3) To provide products or services to the people 

20 of Iraq. 

21 (4) To perform personnel support services in 

22 Iraq, including related construction and procurement 

23 of products, in support of members of the Armed 

24 Forces and United States civilian personnel. 
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1 (c) The report on a contract or other agreement of an 

2 executive agency under subsection (a) shall include the fol3 lowing information: 

4 (1) The amount of the contract or other agree5 ment. 

6 (2) A brief discussion of the scope of the contract 

7 or other agreement. 

8 (3) A discussion of how the executive agency 

9 identified, and solicited offers from, potential contrac10 tors to perform the contract, together with a list of the 

11 potential contractors that were issued solicitations for 

12 the offers. 

13 (4) The justification and approval documents on 

14 which was based the determination to use procedures 

15 other than procedures that provide for full and open 

16 competition. 

17 (d) The limitation on use of funds in subsection (a) 

18 shall not apply in the case of any contract or other agree19 ment entered into by the head of an executive agency for 

20 which such official—

21 (1) either—

22 (A) withholds from publication and disclo23 sure as described in such subsection any docu24 ment or other collection of information that is 

25 classified for restricted access in accordance with 
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1 an Executive order in the interest of national de2 fense or foreign policy; or 

3 (B) redacts any part so classified that is in 

4 a document or other collection of information not 

5 so classified before publication and disclosure of 

6 the document or other information as described 

7 in such subsection; and 

8 (2) transmits an unredacted version of the docu9 ment or other collection of information, respectively, 

10 to the chairman and ranking member of each of the 

11 Committees on Governmental Affairs and on Appro12 priations of the Senate, the Committees on Govern13 ment Reform and on Appropriations of the House of 

14 Representatives, and the committees that the head of 

15 such executive agency determines has legislative juris16 diction for the operations of such executive agency to 

17 which the document or other collection of information 

18 relates. 

19 (e)(1)(A) In the case of any contract or other agree20 ment for which the Secretary of Defense determines that it 

21 is necessary to do so in the national security interests of 

22 the United States, the Secretary may waive the limitation 

23 in subsection (a), but only on a case-by-case basis. 

24 (B) For each contract or other agreement for which 

25 the Secretary of Defense grants a waiver under this para-
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1 graph, the Secretary shall submit a notification of the con2 tract or other agreement and the grant of the waiver, to3 gether with a discussion of the justification for the waiver, 

4 to the committees of Congress named in subsection (a)(1). 

5 (2)(A) In the case of any contract or other agreement 

6 for which the Director of Central Intelligence determines 

7 that it is necessary to do so in the national security inter8 ests of the United States related to intelligence, the Director 

9 may waive the limitation in subsection (a), but only on 

10 a case-by-case basis. 

11 (B) For each contract or other agreement for which 

12 the Director of Central Intelligence grants a waiver under 

13 this paragraph, the Director shall submit a notification of 

14 the contract or other agreement and of the grant of the waiv15 er, together with a discussion of the justification for the 

16 waiver, to the Select Committee on Intelligence, the Com17 mittee on Appropriations, and the Committee on Govern18 mental Affairs of the Senate and to the Permanent Select 

19 Committee on Intelligence, the Committee on Appropria20 tions, and the Committee on Governmental Reform of the 

21 House of Representatives. 

22 (f) Nothing in this section shall be construed as affect23 ing obligations to disclose United States Government infor24 mation under any other provision of law. 

25 (g) In this section—
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1 (1) the term ‘‘full and open competition’’ has the 

2 meaning given such term in section 4 of the Office of 

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

4 (2) the term ‘‘executive agency’’ has the meaning 

5 given such term in section 105 of title 5, United 

6 States Code, and includes the Coalition Provisional 

7 Authority for Iraq; and 

8 (3) the term ‘‘Coalition Provisional Authority 

9 for Iraq’’ means the entity charged by the President 

10 with directing reconstruction efforts in Iraq. 

11 SEC. 5004. (a) Congress finds that—

12 (1) Israel is a strategic ally of the United States 

13 in the Middle East; 

14 (2) Israel recognizes the benefits of a democratic 

15 form of government; 

16 (3) the policies and activities of the Government 

17 of Iraq under the Saddam Hussein regime contrib18 uted to security concerns in the Middle East, espe19 cially for Israel; 

20 (4) the Arab Liberation Front was established by 

21 Iraqi Baathists, and supported by Saddam Hussein; 

22 (5) the Government of Iraq under the Saddam 

23 Hussein regime assisted the Arab Liberation Front in 

24 distributing grants to the families of suicide bombers; 
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1 (6) the Government of Iraq under the Saddam 

2 Hussein regime aided Abu Abass, leader of the Pales3 tinian Liberation Front, who was a mastermind of 

4 the hijacking of the Achille Lauro, an Italian cruise 

5 ship, and is responsible for the death of an American 

6 tourist aboard that ship; and 

7 (7) Saddam Hussein attacked Israel during the 

8 1990-1991 Persian Gulf War by launching 39 Scud 

9 missiles into that country and thereby causing mul10 tiple casualties. 

11 (b) It is the sense of Congress that the removal of the 

12 Government of Iraq under Saddam Hussein enhanced the 

13 security of Israel and other United States allies. 

14 SEC. 5005. (a) The Comptroller General shall conduct 

15 studies on the effectiveness and efficiency of the administra16 tion and performance of contracts in excess of $40,000,000 

17 that are performed or are to be performed in, or relating 

18 to, Iraq and are paid out of funds made available under 

19 this Act or the Emergency Wartime Supplemental Appro20 priations Act, 2003 (Public Law 108–11). The studies shall 

21 specifically examine the profits, administrative overhead, 

22 management fees, and related expenditures for the manage23 ment of subcontracts (and further subcontracting) under 

24 any such contract. In conducting studies under this section, 

25 the Comptroller General shall have access to any informa-
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1 tion and records created or maintained by the United 

2 States, or by any entity receiving funds for contracts stud3 ied under this section that the Comptroller General con4 siders appropriate. 

5 (b) Not later than 6 months after the date of enactment 

6 of this Act and again 4 months thereafter, the Comptroller 

7 Government shall submit to the Committees on Appropria8 tions of the Senate and the House of Representatives a re9 port that includes—

10 (1) an evaluation of the studies conducted under 

11 this section; and 

12 (2) any recommendations for the improvement of 

13 the contracting process for contracts performed or to 

14 be performed in Iraq and for contracts generally, in15 cluding the selection process, contract content, and 

16 oversight of the administration and performance of 

17 contracts. 

18 SEC. 5006. Section 1605 of title 28, United States 

19 Code, is amended by adding a new subsection (h) as follows: 

20 ‘‘(h) Notwithstanding any provision of the Algiers Ac21 cords, or any other international agreement, any United 

22 States citizen held hostage during the period between 1979 

23 and 1981, and their spouses and children at the time, shall 

24 have a claim for money damages against a foreign state 

25 for personal injury that was caused by the foreign state’s 
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1 act of torture or hostage taking. Any provision in an inter2 national agreement, including the Algiers Accords that pur3 ports to bar such suit is abrogated. This subsection shall 

4 apply retroactively to any cause of action cited in section 

5 1605(a)(7)(A) of title 28, United States Code.’’. 

6 SEC. 5007. (a) The Senate finds the following: 

7 (1) When Saddam Hussein came to power in the 

8 1970’s Iraq was a prosperous county with no foreign 

9 debt and significant foreign cash reserves. 

10 (2) Iraq’s reserves were exhausted during the 

11 Iran-Iraq War in the 1980’s and Iraq became a debt12 or nation. 

13 (3) Today, the debts incurred by Saddam Hus14 sein’s regime are estimated to be as much as 

15 $150,000,000,000. 

16 (4) A process has been put in place that will es17 tablish a new representative Iraqi government based 

18 on a democratic political system with a free market 

19 economy. The goal is a prosperous Iraq that is not a 

20 threat to its neighbors. 

21 (5) For Iraq to be prosperous it must rebuild. In 

22 the near term the United States and other donor 

23 countries will provide grants to begin the process. In 

24 the longer term Iraq must be able to fully participate 

25 in the international financial system. 
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1 (6) It is impossible for Iraq to borrow funds in 

2 international financial markets based on its existing 

3 debt. Eliminating that debt will make possible Iraq’s 

4 continued rebuilding toward a prosperous and stable 

5 nation. A prosperous nation is less likely to be a 

6 threat to its neighbors and to be a breeding ground 

7 for terrorists. A prosperous Iraq is more likely to be 

8 a positive force in the region and participant in the 

9 world economy. 

10 (b) It is the sense of the Senate that all countries that 

11 hold debt from loans to the former Iraqi regime of Saddam 

12 Hussein should be urged to forgive their debt. 

13 SEC. 5008. (a) FINDINGS.—The Senate finds that—

14 (1) in May 2002, the Federal Bureau of Inves15 tigation (FBI) issued a warning to law enforcement 

16 personnel to be alert to the potential use of shoulder17 fired missiles against United States aircraft; 

18 (2) in May 2002, Al Qaeda was suspected of fir19 ing a shoulder-fired missile at United States military 

20 aircraft near Prince Sultan Air Base in Saudi Ara21 bia; 

22 (3) in November 2002, an Israeli commercial jet23 liner was fired upon by a shoulder-fired missile short24 ly after take-off in Mombasa, Kenya; 
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1 (4) in August 2003, a weapons smuggler was ar2 rested after agreeing to sell a Russian SA–18 to an 

3 undercover FBI agent posing as a Muslim extremist; 

4 (5) during recent operations in Iraq, United 

5 States commercial airlines—as part of the Civil Re6 serve Air Fleet (CRAF)—flew nearly 2,000 flights 

7 carrying United States troops and supplies into Ku8 wait, Saudi Arabia, the United Arab Emirates, 

9 Qatar, and Bahrain; 

10 (6) no United States commercial airliners are 

11 currently equipped with defenses against shoulder12 fired missiles. 

13 (b) PRIORITIZATION.—When counter measures against 

14 the threat of shoulder-fired missiles are deployed, the Sec15 retary of Homeland Security, in conjunction with the Sec16 retary of Defense and the Secretary of Transportation, shall 

17 make it a priority to equip the aircraft enrolled in the Civil 

18 Reserve Air Fleet. 

19 SEC. 5009. Paragraph (1) of section 1314 of Public 

20 Law 108–11 is amended by inserting ‘‘without fiscal year 

21 limitation’’ after ‘‘available’’ the first place it appears. 
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1 This Act may be cited as the ‘‘Emergency Supple2 mental Appropriations for Iraq and Afghanistan Security 

3 and Reconstruction Act, 2004’’.

Passed the House of Representatives October 17, 

2003. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate October 17, 2003. 

Attest: EMILY J. REYNOLDS, 

Secretary.