H. R. 3289

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

Making emergency supplemental appropriations for defense and for the reconstruction of Iraq and Afghanistan for the fiscal year ending September 30, 2004,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 2004, and for other purposes, namely:

TITLE I—NATIONAL SECURITY

CHAPTER 1

DEPARTMENT OF DEFENSE—MILITARY

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’,

$12,858,870,000.

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, $816,100,000.

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine

Corps’’, $753,190,000.

MILITARY PERSONNEL, AIR FORCE

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

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,

Army’’, $23,997,064,000.
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OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance,

Navy’’, $1,956,258,000, of which up to $80,000,000 may be transferred to the Department of Homeland Security for Coast Guard

Operations.

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance,

Marine Corps’’, $1,198,981,000.

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance,

Air Force’’, $5,416,368,000.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance,

Defense-Wide’’, $4,355,452,000, of which—

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

Initiative Fund account, to be used primarily in Iraq and

Afghanistan;

(2) $32,000,000 is only for the Family Advocacy Program;

and

(3) not to exceed $1,150,000,000, to remain available until

expended, may be used, notwithstanding any other provision

of law, for payments to reimburse Pakistan, Jordan, and other

key cooperating nations, for logistical and military support

provided, or to be provided, to United States military operations

in connection with military action in Iraq and the global war

on terrorism: Provided, That such payments may be made

in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the

Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined

by the Secretary of Defense to adequately account for the

support provided, and such determination is final and conclusive upon the accounting officers of the United States, and

15 days following notification to the appropriate congressional

committees: Provided further, That the Secretary of Defense

shall provide quarterly reports to the Committees on Appropriations on the use of these funds.

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance,

Marine Corps Reserve’’, $16,000,000.

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance,

Air Force Reserve’’, $53,000,000.
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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,

Air National Guard’’, $214,000,000.

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

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

IRAQ FREEDOM FUND

(INCLUDING TRANSFER OF FUNDS)

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

for transfer until September 30, 2005, for the purposes authorized

under this heading in Public Law 108–11: Provided, That the Secretary of Defense may transfer the funds provided herein to appropriations for military personnel; operation and maintenance; Overseas Humanitarian, Disaster, and Civic Aid; procurement; military

construction; the Defense Health Program; and working capital

funds: Provided further, That funds transferred shall be merged

with and be available for the same purposes and for the same

time period as the appropriation or fund to which transferred:

Provided further, That this transfer authority is in addition to

any other transfer authority available to the Department of Defense:

Provided further, That upon a determination that all or part of

the funds transferred from this appropriation are not necessary

for the purposes provided herein, such amounts may be transferred

back to this appropriation: Provided further, That the Secretary

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

from this appropriation, notify the congressional defense committees

in writing of the details of any such transfer: Provided further,

That the Secretary shall submit a report no later than 30 days

after the end of each fiscal quarter to the congressional defense

committees summarizing the details of the transfer of funds from

this appropriation: Provided further, That not less than $62,100,000

shall be transferred to ‘‘Other Procurement, Army’’ for the procurement of Up-armored High Mobility Multipurpose Wheeled Vehicles

and associated equipment: Provided further, That $10,000,000 shall

be for the Family Readiness Program of the National Guard.

PROCUREMENT

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,

ARMY

For an additional amount for ‘‘Procurement of Weapons and

Tracked Combat Vehicles, Army’’, $101,600,000, to remain available

until September 30, 2006.

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’,

$1,143,687,000, to remain available until September 30, 2006.
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AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’,

$158,600,000, to remain available until September 30, 2006.

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’,

$76,357,000, to remain available until September 30, 2006.

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’,

$123,397,000, to remain available until September 30, 2006.

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air Force’’,

$53,972,000, to remain available until September 30, 2006.

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’,

$20,450,000, to remain available until September 30, 2006.

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’,

$3,438,006,000, to remain available until September 30, 2006.

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’,

$418,635,000, to remain available until September 30, 2006.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test

and Evaluation, Navy’’, $34,000,000, to remain available until September 30, 2005.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test

and Evaluation, Air Force’’, $39,070,000, to remain available until

September 30, 2005.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test

and Evaluation, Defense-Wide’’, $260,817,000, to remain available

until September 30, 2005.
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REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital Funds’’,

$600,000,000.

NATIONAL DEFENSE SEALIFT FUND

For an additional amount for ‘‘National Defense Sealift Fund’’,

$24,000,000, to remain available until expended.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’,

$658,380,000 for Operation and maintenance.

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $73,000,000: Provided, That these funds

may be used only for such activities related to Afghanistan: Provided

further, That the Secretary of Defense may transfer the funds

provided herein only to appropriations for military personnel; operation and maintenance; procurement; and research, development,

test and evaluation: Provided further, That the funds transferred

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

for the same time period, as the appropriation to which transferred:

Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available to

the Department of Defense.

RELATED AGENCIES

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Intelligence Community Management Account’’, $21,500,000, to remain available until September 30, 2005; of which $3,000,000 may be transferred to and merged

with the Department of Energy, ‘‘Other Defense Activities’’, and

$15,500,000 may be transferred to and merged with the Federal

Bureau of Investigation, ‘‘Salaries and Expenses’’.

GENERAL PROVISIONS, THIS CHAPTER

(TRANSFER OF FUNDS)

SEC. 1101. Upon his determination that such action is necessary

in the national interest, the Secretary of Defense may transfer

between appropriations up to $3,000,000,000 of the funds made

available to the Department of Defense in this chapter: Provided,

That the Secretary shall notify the Congress promptly of each

transfer made pursuant to this authority: Provided further, That
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the transfer authority provided in this section is in addition to

any other transfer authority available to the Department of Defense:

Provided further, That the authority in this section is subject to

the same terms and conditions as the authority provided in section

8005 of the Department of Defense Appropriations Act, 2004, except

for the fourth proviso.

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

by the transfer of funds in or pursuant to this Act, for intelligence

activities are deemed to be specifically authorized by the Congress

for purposes of section 504 of the National Security Act of 1947

(50 U.S.C. 414).

SEC. 1103. Sections 1318 and 1319 of the Emergency Wartime

Supplemental Appropriations Act, 2003 (Public Law 108–11; 117

Stat. 571), shall remain in effect during fiscal year 2004.

SEC. 1104. From October 1, 2003, through September 30, 2004,

(a) the rates of pay authorized by section 310(a) of title 37, United

States Code, shall be $225; and (b) the rates of pay authorized

by section 427(a)(1) of title 37, United States Code, shall be $250.

SEC. 1105. DEFENSE EMERGENCY RESPONSE FUND CLOSE-OUT

AUTHORITY.—(a) Section 1313 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat.

569), is amended by inserting ‘‘unobligated’’ before ‘‘balances’’.

(b) Effective November 1, 2003, adjustments to obligations that

before such date would have been properly chargeable to the

Defense Emergency Response Fund shall be charged to any current

appropriations account of the Department of Defense available for

the same purpose.

SEC. 1106. During the current fiscal year, funds available to

the Department of Defense for operation and maintenance may

be used, notwithstanding any other provision of law, to provide

supplies, services, transportation, including airlift and sealift, and

other logistical support to coalition forces supporting military and

stability operations in Iraq: Provided, That the Secretary of Defense

shall provide quarterly reports to the congressional defense committees regarding support provided under this section.

SEC. 1107. Notwithstanding any other provision of law, from

funds made available in this Act to the Department of Defense

under ‘‘Operation and Maintenance, Defense-Wide’’, not to exceed

$150,000,000 may be used by the Secretary of Defense, with the

concurrence of the Secretary of State, to provide assistance only

to the New Iraqi Army and the Afghan National Army to enhance

their capability to combat terrorism and to support U.S. military

operations in Iraq and Afghanistan: Provided, That such assistance

may include the provision of equipment, supplies, services, training

and funding: Provided further, That the authority to provide assistance under this section is in addition to any other authority to

provide assistance to foreign nations: Provided further, That the

Secretary of Defense shall notify the congressional defense committees not less than 15 days before providing assistance under the

authority of this section.

SEC. 1108. None of the funds provided in this chapter may

be used to finance programs or activities denied by Congress in

fiscal year 2004 appropriations to the Department of Defense or

to initiate a procurement or research, development, test and evaluation new start program without prior notification to the congressional defense committees.
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SEC. 1109. In addition to amounts made available elsewhere

in this Act, there is hereby appropriated to the Department of

Defense $313,000,000, to be used only for recovery and repair

of damage due to natural disasters including Hurricane Isabel,

to be distributed as follows: ‘‘Operation and Maintenance, Army’’, $47,100,000; ‘‘Operation and Maintenance, Navy’’, $87,600,000; ‘‘Operation and Maintenance, Marine Corps’’, $6,700,000; ‘‘Operation and Maintenance, Air Force’’, $169,300,000; and ‘‘Other Procurement, Air Force’’, $2,300,000.

SEC. 1110. During the current fiscal year, from funds made

available in this Act to the Department of Defense for operation

and maintenance, not to exceed $180,000,000 may be used, notwithstanding any other provision of law, to fund the Commander’s

Emergency Response Program, established by the Administrator

of the Coalition Provisional Authority for the purpose of enabling

military commanders in Iraq to respond to urgent humanitarian

relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the

Iraqi people, and to establish and fund a similar program to assist

the people of Afghanistan: Provided, That the Secretary of Defense

shall provide quarterly reports, beginning on January 15, 2004,

to the congressional defense committees regarding the source of

funds and the allocation and use of funds made available pursuant

to the authority provided in this section.

SEC. 1111. Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the

congressional defense committees a report describing an Analysis

of Alternatives for replacing the capabilities of the existing Air

Force fleet of KC–135 tanker aircraft.

ENHANCEMENTS TO EXEMPTION FOR MEMBERS WITH COMBAT-RE- LATED INJURIES FROM REQUIREMENT FOR PAYMENT OF SUBSIST- ENCE CHARGES WHILE HOSPITALIZED

SEC. 1112. (a) EXEMPTION MADE PERMANENT.—Subsection (c)

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

8146(a)(2) of the Department of Defense Appropriations Act, 2004

(Public Law 108–87)), is repealed.

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

Department of Defense Appropriations Act, 2004 (Public Law 108– 87), is amended to read as follows: ‘‘(b) EFFECTIVE DATE.—(1) Subsection (b)(2) of section 1075

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

apply with respect to any period of hospitalization on or after

September 11, 2001, because of an injury covered by that subsection

that is incurred on or after that date. ‘‘(2) The Secretary concerned (as defined in section 101 of

title 37, United States Code) shall take such action as necessary

to implement paragraph (1), including— ‘‘(A) refunding any amount previously paid under section

1075 of title 10, United States Code, by a person who, by

reason of paragraph (1), is not required to make such payment;

and ‘‘(B) waiving recovery of any unpaid amount for which

a person has previously been charged under that section and

which that person, by reason of paragraph (1), is not required

to pay.’’.
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SEC. 1113. None of the funds available to the Department

of Defense may be obligated to implement any action which alters

the command responsibility or permanent assignment of forces until

270 days after such plan has been provided to the congressional

defense committees.

SEC. 1114. Section 1074a of title 10, United States Code, is

amended by adding at the end the following new subsection:

‘‘(f)(1) At any time after the Secretary concerned notifies members of the Ready Reserve that the members are to be called

or ordered to active duty, the administering Secretaries may provide

to each such member any medical and dental screening and care

that is necessary to ensure that the member meets the applicable

medical and dental standards for deployment.

‘‘(2) The Secretary concerned shall promptly transmit to each

member of the Ready Reserve eligible for screening and care under

this subsection a notification of eligibility for such screening and

care.

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

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

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

after September 30, 2004.’’.

SEC. 1115. (a) Chapter 55 of title 10, United States Code,

is amended by inserting after section 1076a the following new

section:

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

Ready Reserve

‘‘(a) ELIGIBILITY.—Each member of the Selected Reserve of the

Ready Reserve and each member of the Individual Ready Reserve

described in section 10144(b) of this title is eligible, subject to

subsection (h), to enroll in TRICARE and receive benefits under

such enrollment for any period that the member—

‘‘(1) is an eligible unemployment compensation recipient;

or

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

employer-sponsored health benefits plan.

‘‘(b) TYPES OF COVERAGE.—(1) A member eligible under subsection (a) may enroll for either of the following types of coverage:

‘‘(A) Self alone coverage.

‘‘(B) Self and family coverage.

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

the member and the dependents of the member who are described

in subparagraph (A), (D), or (I) of section 1072(2) of this title.

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

shall provide for at least one open enrollment period each year.

During an open enrollment period, a member eligible under subsection (a) may enroll in the TRICARE program or change or

terminate an enrollment in the TRICARE program.

‘‘(d) SCOPE OF CARE.—(1) A member and the dependents of

a member enrolled in the TRICARE program under this section

shall be entitled to the same benefits under this chapter as a

member of the uniformed services on active duty or a dependent

of such a member, respectively. ‘‘(2) Section 1074(c) of this title shall apply with respect to

a member enrolled in the TRICARE program under this section. ‘‘(e) PREMIUMS.—(1) The Secretary of Defense shall charge premiums for coverage pursuant to enrollments under this section.
H. R. 3289—9

The Secretary shall prescribe for each of the TRICARE program

options a premium for self alone coverage and a premium for

self and family coverage.

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

for a type of coverage under this section shall be the amount

equal to 28 percent of the total amount determined by the Secretary

on an appropriate actuarial basis as being reasonable for the coverage.

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

may be deducted and withheld from basic pay payable to the

member under section 204 of title 37 or from compensation payable

to the member under section 206 of such title. The Secretary shall

prescribe the requirements and procedures applicable to the payment of premiums by members not entitled to such basic pay

or compensation.

‘‘(4) Amounts collected as premiums under this subsection shall

be credited to the appropriation available for the Defense Health

Program Account under section 1100 of this title, shall be merged

with sums in such Account that are available for the fiscal year

in which collected, and shall be available under subparagraph (B)

of such section for such fiscal year.

‘‘(f) OTHER CHARGES.—A person who receives health care pursuant to an enrollment in a TRICARE program option under this

section, including a member who receives such health care, shall

be subject to the same deductibles, copayments, and other nonpremium charges for health care as apply under this chapter for

health care provided under the same TRICARE program option

to dependents described in subparagraph (A), (D), or (I) of section

1072(2) of this title.

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

in the TRICARE program under this section may terminate the

enrollment only during an open enrollment period provided under

subsection (c), except as provided in subsection (h).

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

family under this section shall terminate on the first day of the

first month beginning after the date on which the member ceases

to be eligible under subsection (a).

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

terminated on the basis of failure to pay the premium charged

the member under this section.

‘‘(h) RELATIONSHIP TO TRANSITION TRICARE COVERAGE UPON

SEPARATION FROM ACTIVE DUTY.—(1) A member may not enroll

in the TRICARE program under this section while entitled to transitional health care under subsection (a) of section 1145 of this

title or while authorized to receive health care under subsection

(c) of such section.

‘‘(2) A member who enrolls in the TRICARE program under

this section within 90 days after the date of the termination of

the member’s entitlement or eligibility to receive health care under

subsection (a) or (c) of section 1145 of this title may terminate

the enrollment at any time within one year after the date of

the enrollment.

‘‘(i) CERTIFICATION OF NONCOVERAGE BY OTHER HEALTH BENEFITS PLAN.—The Secretary of Defense may require a member to

submit any certification that the Secretary considers appropriate

to substantiate the member’s assertion that the member is not
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covered for health care benefits under any other health benefits

plan.

‘‘(j) ELIGIBLE UNEMPLOYMENT COMPENSATION RECIPIENT

DEFINED.—In this section, the term ‘eligible unemployment compensation recipient’ means, with respect to any month, any individual who is determined eligible for any day of such month for

unemployment compensation under State law (as defined in section

205(9) of the Federal-State Extended Unemployment Compensation

Act of 1970), including Federal unemployment compensation laws

administered through the State.

‘‘(k) REGULATIONS.—The Secretary of Defense, in consultation

with the other administering Secretaries, shall prescribe regulations

for the administration of this section.

‘‘(l) TERMINATION OF AUTHORITY.—An enrollment in TRICARE

under this section may not continue after September 30, 2004.’’.

(b) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 1076a

the following new item:

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

SEC. 1116. Section 1074 of title 10, United States Code, is

amended by adding at the end the following new subsection:

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

component of the armed forces who is issued a delayed-effectivedate active-duty order, or is covered by such an order, shall be

treated as being on active duty for a period of more than 30

days beginning on the later of the date that is—

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

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

duty is to commence under such order for that member.

‘‘(2) In this subsection, the term ‘delayed-effective-date activeduty order’ means an order to active duty for a period of more

than 30 days in support of a contingency operation under a provision

of law referred to in section 101(a)(13)(B) of this title that provides

for active-duty service to begin under such order on a date after

the date of the issuance of the order.

‘‘(3) This section shall cease to be effective on September 30,

2004.’’.

SEC. 1117. (a) Subject to subsection (b), during the period

beginning on the date of the enactment of this Act and ending

on September 30, 2004, section 1145(a) of title 10, United States

Code, shall be administered by substituting for paragraph (3) the

following:

‘‘(3) Transitional health care for a member under subsection

(a) shall be available for 180 days beginning on the date on which

the member is separated from active duty.’’.

(b)(1) Subsection (a) shall apply with respect to separations

from active duty that take effect on or after the date of the enactment of this Act.

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

member is provided transitional health care benefits under section

1145(a) of title 10, United States Code, shall be adjusted as necessary to comply with the limits provided under paragraph (3)

of such section.

SEC. 1118. (a) At the time members of reserve components

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

Section 12302(a) of title 10, United States Code, each member
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shall be notified in writing of the expected period during which

the member will be mobilized.

(b) The Secretary of Defense may waive the requirements of

subsection (a) in any case in which the Secretary determines that

it is necessary to do so to respond to a national security emergency

or to meet dire operational requirements of the Armed Forces.

SEC. 1119. The authority to utilize funds appropriated for fiscal

year 2003 for purposes provided by the first clause of section 1314(1)

of Public Law 108–11, shall apply to the utilization of available

funds appropriated for fiscal year 2004 for such purposes.

SEC. 1120. (a) Not later than April 30 and October 31 of

each year, the Secretary of Defense shall submit to Congress a

report on the military operations of the Armed Forces and the

reconstruction activities of the Department of Defense in Iraq and

Afghanistan.

(b) Each report shall include the following information:

(1) For each of Iraq and Afghanistan for the half-fiscal

year ending during the month preceding the due date of the

report, the amount expended for military operations of the

Armed Forces and the amount expended for reconstruction

activities, together with the cumulative total amounts expended

for such operations and activities.

(2) An assessment of the progress made toward preventing

attacks on United States personnel.

(3) An assessment of the effects of the operations and

activities in Iraq and Afghanistan on the readiness of the

Armed Forces.

(4) An assessment of the effects of the operations and

activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces.

(5) For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair

of Department of Defense equipment used in the operations

and activities in Iraq and Afghanistan.

(6) The foreign countries, international organizations, and

nongovernmental organizations that are contributing support

for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of

support contributed by each during the half-fiscal year ending

during the month preceding the due date of the report.

(7) The extent to which, and the schedule on which, the

Selected Reserve of the Ready Reserve of the Armed Forces

is being involuntarily ordered to active duty under section

12304 of title 10, United States Code.

(8) For each unit of the National Guard of the United

States and the other reserve components of the Armed Forces

on active duty pursuant to an order to active duty under

section 12304 of title 10, United States Code, the following

information:

(A) The unit.

(B) The projected date of return of the unit to its

home station.

(C) The extent (by percentage) to which the forces

deployed within the United States and outside the United

States in support of a contingency operation are composed

of reserve component forces.
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SEC. 1121. In addition to amounts made available elsewhere

in this Act, there is hereby appropriated to the Department of

Defense $100,000,000, for ‘‘Operation and Maintenance, Army’’: Provided, That these funds are available only for the purpose of

securing and destroying conventional munitions in Iraq, such as

bombs, bomb materials, small arms, rocket propelled grenades,

and shoulder-launched missiles.

CHAPTER 2

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

OPERATING EXPENSES

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

EMERGENCY PREPAREDNESS AND RESPONSE

DISASTER RELIEF

For an additional amount for ‘‘Disaster Relief’’, $500,000,000,

to remain available until expended.

GENERAL PROVISION, THIS CHAPTER

SEC. 1201. Effective upon the enactment of the Project BioShield Act of 2003, the Department of Homeland Security Appropriations Act, 2004 (Public Law 108–90) is amended under the

heading ‘‘Biodefense Countermeasures’’ by striking ‘‘securing medical countermeasures against biological terror attacks’’ and inserting

the following: ‘‘procuring security countermeasures under section

319F–2(c) of the Public Health Service Act, as authorized under

section 510(a) of the Homeland Security Act of 2002’’.

CHAPTER 3

MILITARY CONSTRUCTION

MILITARY CONSTRUCTION, ARMY

For an additional amount for ‘‘Military Construction, Army’’,

$162,100,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, such funds

may be obligated or expended to carry out planning and design

and military construction projects not otherwise authorized by law.

MILITARY CONSTRUCTION, NAVY

For an additional amount for ‘‘Military Construction, Navy’’,

$45,530,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, such funds

may be obligated or expended to carry out military construction

projects not otherwise authorized by law.
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MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Military Construction, Air Force’’,

$292,550,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, such funds

may be obligated or expended to carry out planning and design

and military construction projects not otherwise authorized by law.

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Family Housing Operation and

Maintenance, Army’’, $11,420,000.

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

For an additional amount for ‘‘Family Housing Operation and

Maintenance, Navy and Marine Corps’’, $6,280,000.

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Family Housing Operation and

Maintenance, Air Force’’, $6,981,000.

GENERAL PROVISION, THIS CHAPTER

SEC. 1301. (a) TEMPORARY AUTHORITY TO USE OPERATION AND

MAINTENANCE FUNDS FOR MILITARY CONSTRUCTION PROJECTS.—

During fiscal year 2004, the Secretary of Defense may use this

section as authority to obligate appropriated funds available for

operation and maintenance to carry out a construction project outside the United States that the Secretary determines meets each

of the following conditions:

(1) The construction is necessary to meet urgent military

operational requirements of a temporary nature involving the

use of the Armed Forces in support of Operation Iraqi Freedom

or the Global War on Terrorism.

(2) The construction is not carried out at a military installation where the United States is reasonably expected to have

a long-term presence.

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

construction after the operational requirements have been satisfied.

(4) The level of construction is the minimum necessary

to meet the temporary operational requirements.

(b) LIMITATION ON USE OF AUTHORITY.—The total cost of the

construction projects carried out under the authority of this section

using, in whole or in part, appropriated funds available for operation

and maintenance shall not exceed $150,000,000 in fiscal year 2004.

(c) NOTIFICATIONS OF OBLIGATIONS OF FUNDS.—Within fifteen

days after the date on which appropriated funds available for operation and maintenance are first obligated for a construction project

under subsection (a), the Secretary of Defense shall submit to

the Congressional defense committees notice of the obligation of

funds and the construction project. The notice shall include the

following:

(1) Certification that the conditions specified in subsection

(a) are satisfied with regard to the construction project.
H. R. 3289—14

(2) A description of the purpose for which appropriated

funds available for operation and maintenance are being obligated.

(3) Relevant documentation detailing the construction

project.

(4) The total amount obligated for the construction.

(d) QUARTERLY REPORT.—(1) Not later than 30 days after the

end of each fiscal-year quarter of fiscal year 2004, the Secretary

of Defense shall submit to the congressional committees specified

in subsection (f) a report on the worldwide obligation and expenditure during that quarter of appropriated funds available for operation and maintenance for construction projects.

(2) The report shall include with regard to each project the

following:

(A) Certification that the conditions specified in subsection

(a) are satisfied with regard to the construction project.

(B) A description of the purpose for which appropriated

funds available for operation and maintenance are being obligated.

(C) Relevant documentation detailing the construction

project.

(D) An estimate of the total cost of the construction project.

(E) The total amount obligated for the construction project

as of the date of the submission of the report.

(e) RELATION TO OTHER AUTHORITIES.—The temporary

authority provided by this section, and the limited authority provided by section 2805(c) of title 10, United States Code, to use

appropriated funds available for operation and maintenance to carry

out a construction project are the only authorities available to

the Secretary of Defense and the Secretaries of the military departments to use appropriated funds available for operation and maintenance to carry out construction projects.

(f) CONGRESSIONAL COMMITTEES.—The congressional committees referred to in this section are the following:

(1) The Committee on Armed Services and the Subcommittees on Defense and Military Construction of the Committee

on Appropriations of the Senate.

(2) The Committee on Armed Services and the Subcommittees on Defense and Military Construction of the Committee

on Appropriations of the House of Representatives.

TITLE II—IRAQ AND AFGHANISTAN RECONSTRUCTION AND

INTERNATIONAL ASSISTANCE

CHAPTER 1

DEPARTMENT OF JUSTICE

LEGAL ACTIVITIES

GENERAL LEGAL ACTIVITIES

For necessary expenses for ‘‘Salaries and Expenses, General

Legal Activities’’, $15,000,000.
H. R. 3289—15

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING RESCISSION)

For necessary expenses for ‘‘Diplomatic and Consular Programs’’, $156,300,000, of which $35,800,000 shall remain available

until September 30, 2006.

Of the funds appropriated under this heading in the Emergency Wartime Supplemental Appropriations Act, 2003, $35,800,000 are

rescinded.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for ‘‘Embassy Security, Construction,

and Maintenance’’, $43,900,000, to remain available until expended:

Provided, That funds provided under this heading do not include

facilities requirements specific to the United States Agency for

International Development, which are provided under the heading

‘‘United States Agency for International Development, Operating

Expenses of the United States Agency for International Development’’.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for ‘‘Emergencies in the Diplomatic

and Consular Service’’, $115,500,000, to remain available until

expended, which may be transferred to, and merged with, the

appropriations for ‘‘Diplomatic and Consular Programs’’: Provided,

That of the funds made available under this heading, $65,500,000

may be transferred to, and merged with, the appropriations for

‘‘Protection of Foreign Missions and Officials’’; of which $32,000,000

is for the reimbursement of the City of New York for costs associated

with the protection of foreign missions and officials during the

heightened state of alert following the September 11, 2001, terrorist

attacks on the United States; of which $8,500,000 is for costs

associated with the 2003 Free Trade Area of the Americas Ministerial meeting; and of which $25,000,000 is for costs associated with

the 2004 Summit of the Industrialized Nations notwithstanding

the limitations of 3 U.S.C. 202(10): Provided further, That of the

funds previously appropriated under this heading, $2,000,000 is

for rewards for an indictee of the Special Court for Sierra Leone:

Provided further, That any transfer of funds provided under this

heading shall be treated as a reprogramming of funds under section

605 of Public Law 108–7.

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses for ‘‘Contributions for International

Peacekeeping Activities’’, $245,000,000, to remain available until

expended.
H. R. 3289—16

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For necessary expenses for ‘‘International Broadcasting Operations’’, for activities related to the Middle East Television Network

broadcasting to Iraq, $40,000,000.

GENERAL PROVISION—THIS CHAPTER

SEC. 2101. Funds appropriated under this chapter for the

Broadcasting Board of Governors and the Department of State

may be obligated and expended notwithstanding section 313 of

the Foreign Relations Authorization Act, Fiscal Years 1994 and

1995, and section 15 of the State Department Basic Authorities

Act of 1956, as amended.

CHAPTER 2

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

For an additional amount for ‘‘Operating Expenses of the United

States Agency for International Development’’, $38,100,000, for

direct support of operations in Afghanistan, to remain available

until September 30, 2005.

In addition, for direct support of operations in Iraq, $1,900,000,

which shall be transferred to and merged with ‘‘Operating Expenses

of the United States Agency for International Development Office

of Inspector General’’ for financial and performance audits of the

Iraq Relief and Reconstruction Fund and other assistance to Iraq,

to remain available until September 30, 2005.

CAPITAL INVESTMENT FUND

For an additional amount for ‘‘Capital Investment Fund’’,

$16,600,000, to remain available until expended: Provided, That

the Administrator of the United States Agency for International

Development shall assess fair and reasonable rental payments for

the use of space by employees of other United States Government

agencies in buildings constructed using funds appropriated under

this heading, and such rental payments shall be deposited into

this account as an offsetting collection: Provided further, That the

rental payments collected pursuant to the previous proviso and

deposited as an offsetting collection shall be available for obligation

only pursuant to the regular notification procedures of the Committees on Appropriations.
H. R. 3289—17

OTHER BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

IRAQ RELIEF AND RECONSTRUCTION FUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the purposes of the Foreign

Assistance Act of 1961, for security, relief, rehabilitation and

reconstruction in Iraq, $18,649,000,000, to remain available until

September 30, 2006, to be allocated as follows: $3,243,000,000 for

security and law enforcement; $1,318,000,000 for justice, public

safety infrastructure, and civil society, of which $100,000,000 shall

be made available for democracy building activities, and of which

$10,000,000 shall be made available to the United States Institute

for Peace for activities supporting peace enforcement, peacekeeping

and post-conflict peacebuilding; $5,560,000,000 for the electric

sector; $1,890,000,000 for oil infrastructure; $4,332,000,000 for

water resources and sanitation; $500,000,000 for transportation

and telecommunications; $370,000,000 for roads, bridges, and

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

sector development; and $280,000,000 for education, refugees,

human rights, and governance: Provided, That the President may

reallocate up to 10 percent of any of the preceding allocations,

except that the total for the allocation receiving such funds may

not be increased by more than 20 percent: Provided further, That

the President may increase one such allocation only by up to an

additional 20 percent in the event of unforeseen or emergency

circumstances: Provided further, That such reallocations shall be

subject to the regular notification procedures of the Committees

on Appropriations and section 634A of the Foreign Assistance Act

of 1961 and notifications shall be transmitted at least 15 days

in advance of the obligation of funds: Provided further, That funds

appropriated under this heading shall be apportioned only to the

Coalition Provisional Authority in Iraq (in its capacity as an entity

of the United States Government), the Department of State, the

Department of Health and Human Services, the Department of

Treasury, the Department of Defense, and the United States Agency

for International Development: Provided further, That upon a determination that all or part of the funds so transferred from this

appropriation are not necessary for the purposes provided herein,

such amounts may be transferred back to this appropriation: Provided further, That of the amount appropriated in this paragraph,

not less than $6,000,000 shall be made available for administrative

expenses of the Department of State Bureau of International Narcotics Control and Law Enforcement Affairs and not less than

$29,000,000 shall be made available for administrative expenses

of the United States Agency for International Development for

support of the reconstruction activities in Iraq: Provided further,

That of the funds appropriated under this heading, up to 10 percent

of such funds that are obligated, managed, or administered by

an agency of the United States Government, other than the Coalition Provisional Authority, shall be made available to such agency

to fully pay for its administrative expenses: Provided further, That

up to 1 percent of the amount appropriated in this paragraph

may be transferred to ‘‘Operating Expenses of the Coalition Provisional Authority’’, and that any such transfer shall be in accordance
H. R. 3289—18

with the regular notification procedures of the Committees on

Appropriations and section 634A of the Foreign Assistance Act

of 1961: Provided further, That funds appropriated under this

heading shall be used to protect and promote public health and

safety, including for the arrest, detention and prosecution of criminals and terrorists: Provided further, That of the funds appropriated

under this heading, assistance shall be made available for Iraqi

civilians who have suffered losses as a result of military operations:

Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or international

organization, may be credited to this Fund and used for such

purposes: Provided further, That the Administrator of the Coalition

Provisional Authority shall seek to ensure that programs, projects

and activities funded under this heading, comply fully with USAID’s

‘‘Policy Paper: Disability’’ issued on September 12, 1997: Provided

further, That the Coalition Provisional Authority shall work, in

conjunction with relevant Iraqi officials, to ensure that a new Iraqi

constitution preserves full rights to religious freedom and tolerance

of all faiths: Provided further, That of the funds appropriated under

this heading, $100,000,000 shall be transferred to and consolidated

with funds appropriated by this Act for ‘‘Economic Support Fund’’

for assistance for Jordan, $100,000,000 of such funds shall be transferred to and consolidated with funds appropriated by this Act

for ‘‘International Disaster and Famine Assistance’’ for assistance

for Liberia, and $10,000,000 of such funds shall be transferred

to and consolidated with funds appropriated by this Act for ‘‘International Disaster and Famine Assistance’’ for assistance for Sudan.

OPERATING EXPENSES OF THE COALITION PROVISIONAL AUTHORITY

For necessary expenses of the Coalition Provisional Authority

in Iraq, established pursuant to United Nations Security Council

resolutions including Resolution 1483, for personnel costs, transportation, supply, equipment, facilities, communications, logistics

requirements, studies, physical security, media support, promulgation and enforcement of regulations, and other activities needed

to oversee and manage the relief and reconstruction of Iraq and

the transition to democracy, $933,000,000, to remain available until

September 30, 2005: Provided, That the appropriation of funds

under this heading shall not be construed to limit or otherwise

affect the ability of the Department of Defense to furnish assistance

and services, and any other support, to the Coalition Provisional

Authority.

In addition, $50,000,000, to remain available until September

30, 2005, to be used to fulfill the reporting and monitoring requirements of this Act and for the preparation and maintenance of

public records required by this Act.

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’,

$872,000,000, to remain available until December 31, 2004: Provided, That not less than $672,000,000 is available only for accelerated assistance for Afghanistan: Provided further, That these funds

are available notwithstanding section 660 of the Foreign Assistance

Act of 1961, and section 620(q) of that Act or any comparable

provision of law: Provided further, That these funds may be used
H. R. 3289—19

for activities related to disarmament, demobilization, and reintegration of militia combatants, including registration of such combatants, notwithstanding section 531(e) of the Foreign Assistance Act

of 1961: Provided further, That the obligation of funds made available by this Act or any prior appropriations Act for the purpose

of deploying and supporting senior advisors to the United States

Chief of Mission in Kabul, Afghanistan, is subject to the regular

reprogramming and notification procedures of the Committees on

Appropriations and section 634A of the Foreign Assistance Act

of 1961: Provided further, That $60,000,000 should be made available for assistance for Afghan women and girls and $5,000,000

shall be made available for the Afghan Independent Human Rights

Commission: Provided further, That not less than $8,000,000 is

available only for the provision of adequate dedicated air transport

and support for civilian personnel at provincial reconstruction team

sites: Provided further, That upon the receipt by the Speaker of

the House of Representatives and the President of the Senate

of a determination by the President that the Government of Pakistan is cooperating with the United States in the global war on

terrorism, not to exceed $200,000,000 appropriated under this

heading may be used for the costs, as defined in section 502 of

the Congressional Budget Act of 1974, of modifying direct loans

and guarantees for Pakistan: Provided further, That amounts that

are made available under the previous proviso for the cost of modifying direct loans and guarantees shall not be considered ‘‘assistance’’ for the purposes of provisions of law limiting assistance

to a country.

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for International Disaster and Famine

Assistance utilizing the general authorities of section 491 of the

Foreign Assistance Act of 1961, to respond to or prevent unforeseen

complex foreign crises in Liberia and Sudan, $110,000,000, and

by transfer not to exceed 0.5 percent of the funds appropriated

under any other heading in this chapter, to remain available to

the Secretary of State until September 30, 2005: Provided, That

funds appropriated under this heading may be made available

only pursuant to a determination by the President, after consultation with the appropriate congressional committees, that it is in

the national interest and essential to efforts to reduce international

terrorism to furnish assistance on such terms and conditions as

he may determine for such purposes, including support for peace

and humanitarian intervention operations: Provided further, That

none of these funds shall be available to respond to natural disasters: Provided further, That funds made available under this

heading to respond to or prevent unforeseen complex foreign crises

shall be subject to the regular notification procedures of the

Committees on Appropriations: Provided further, That not less than

$100,000,000 of the funds appropriated under this heading shall

be made available for assistance for Liberia.
H. R. 3289—20

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control

and Law Enforcement’’, $170,000,000, to remain available until

December 31, 2004, for accelerated assistance for Afghanistan.

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-Terrorism,

Demining and Related Programs’’, $35,000,000, for accelerated

assistance for Afghanistan.

MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for the ‘‘Foreign Military Financing

Program’’, $287,000,000, for accelerated assistance for Afghanistan.

PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’,

$50,000,000, to support the global war on terrorism.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 2201. None of the funds appropriated by this Act or

any unexpended funds provided in Public Law 108–11 may be

used to repay, in whole or in part, principal or interest on any

loan or guarantee agreement entered into by the Government of

Iraq with any private or public sector entity including with the

government of any country (including any agency of such government or any entity owned in whole or in part by the government

of such country) or with any international financial institution,

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

the term ‘‘international financial institution’’ shall mean those

institutions contained in section 530(b) of division E of Public Law

108–7.

SEC. 2202 (a) Notwithstanding any other provision of law,

none of the funds appropriated by this Act under the heading

‘‘Iraq Relief and Reconstruction Fund’’ and under the same heading

in Public Law 108–11 may be used for entering into any Federal

contract (including follow-on contract) using other than full and

open competition, except in accordance with the Federal Property

and Administrative Procedures Act (41 U.S.C. 251 et seq.), and

any exception, if deemed necessary, shall be only upon the written

approval of the Administrator of the Coalition Provisional Authority

and the head of the executive agency of the United States awarding

and managing such contract and such authority shall not be delegated.

(b) In any case in which procedures other than full and open

competitive procedures are to be used to enter into a contract,

the Administrator of the Coalition Provisional Authority or the
H. R. 3289—21

head of such executive agency of the United States shall submit

not later than 7 calendar days before the award of the contract

a notification to the Committees on Appropriations, and the

Committees on Government Reform and International Relations

of the House of Representatives, and the Committees on Governmental Affairs and Foreign Relations of the Senate. Such notification shall provide the justification for use of other than full and

open competitive procedures, a brief description of the contract’s

scope, the amount of the contract, a discussion of how the contracting agency identified and solicited offers from contractors, a

list of the contractors solicited, and the justification and approval

documents (as required under section 303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1))

on which was based the determination of use of procedures other

than full and open competitive procedures.

(c)(1) This section shall not apply to contracts of less than

$5,000,000.

(2) This section also shall apply to any extension, amendment

or modification of contracts entered into prior to the enactment

of this Act using other than full and open competitive procedures

using Iraq Relief and Reconstruction Funds in this Act and under

Public Law 108–11 or funds made available in prior Foreign Operations, Export Financing and Related Programs Appropriations

Acts.

(3) This section shall not apply to contracts authorized by

the Small Business Act (15 U.S.C. 631 et seq.).

SEC. 2203. (a) DISCLOSURE REQUIRED.—

(1) PUBLICATION AND PUBLIC AVAILABILITY.—The Administrator of the Coalition Provisional Authority or the head of

an executive agency of the United States that enters into a

contract for assistance for Iraq, using funds described in paragraph (2), through the use of other than full and open competitive procedures, shall publish in the Federal Register or Federal

Business Opportunities, and otherwise make available to the

public, including publication on the Coalition Provisional

Authority’s website, not later than 7 days before the date

on which the contract is entered into, the following information:

(A) The amount of the contract.

(B) A brief description of the scope of the contract.

(C) A discussion of how the executive agency and,

when applicable, the Coalition Provisional Authority,

identified, and solicited offers from, potential contractors

to perform the contract, together with a list of the potential

contractors that were issued solicitations for the offers.

(D) The justification and approval documents (as

required under section 303(f)(1) of the Federal Property

and Administrative Services Act of 1949 (41 U.S.C.

253(f)(1)) on which was based the determination to use

procedures other than competitive procedures.

(2) FUNDS.—The funds referred to in paragraph (1) are

any funds under the heading ‘‘Iraq Relief and Reconstruction

Fund’’ in this Act, and under the same heading in Public

Law 108–11.

(3) APPLICABILITY.—

(A) This section shall also apply to any extension,

amendment or modification of contracts entered into prior

to the enactment of this Act using other than full and
H. R. 3289—22

open competitive procedures using Iraq Relief and

Reconstruction Funds in this Act and under Public Law

108–11 or funds made available in prior Foreign Operations, Export Financing and Related Programs Appropriations Acts.

(B) This section shall not apply to contracts of less

than $5,000,000.

(C) This section shall not apply to contracts authorized

by the Small Business Act (15 U.S.C. 631 et seq.).

(b) CLASSIFIED INFORMATION.—

(1) AUTHORITY TO WITHHOLD.—The head of an executive

agency may—

(A) withhold from publication and disclosure under

subsection (a) any document that is classified for restricted

access in accordance with an Executive order in the interest

of national defense or foreign policy; and

(B) redact any part so classified that is in a document

not so classified before publication and disclosure of the

document under subsection (a).

(2) AVAILABILITY TO CONGRESS.—In any case in which the

head of an executive agency withholds information under paragraph (1), the head of such executive agency shall make available an unredacted version of the document containing that

information to the chairman and ranking member of each of

the following committees of Congress:

(A) The Committee on Governmental Affairs of the

Senate and the Committee on Government Reform of the

House of Representatives.

(B) The Committees on Appropriations of the Senate

and the House of Representatives.

(C) Each committee that the head of the executive

agency determines has legislative jurisdiction for the operations of such department or agency to which the information related.

(c) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—Nothing in

this section shall be construed as affecting obligations to disclose

United States Government information under any other provision

of law.

(d) DEFINITIONS.—In this section and section 2202 of this Act,

the terms ‘‘full and open competitive procedures’’ and ‘‘executive

agency’’ have the meanings given such terms in section 4 of the

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

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

(1) by striking ‘‘equipment’’ and inserting in lieu thereof

‘‘equipment, including equipment’’; and

(2) by striking ‘‘2004’’ and inserting in lieu thereof ‘‘2005’’. SEC. 2205. Section 1504 of Public Law 108–11 is amended

by— (1) in the first proviso, striking the first proviso, and

inserting in lieu thereof: ‘‘Provided, That, subject to the notification requirements of this section, exports may be authorized

of lethal military equipment designated by the Secretary of

State for use by a reconstituted (or interim) Iraqi military

or police force, and of small arms designated by the Secretary

of State for use for private security purposes:’’; and

(2) in the last proviso, striking ‘‘2004’’ and inserting in

lieu thereof ‘‘2005’’.
H. R. 3289—23

SEC. 2206. Section 202(b) of the Afghanistan Freedom Support

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

‘‘$300,000,000’’ and inserting in lieu thereof ‘‘$450,000,000’’.

SEC. 2207. (a) The Director of the Office of Management and

Budget, in consultation with the Administrator of the Coalition

Provisional Authority (CPA) and the Committees on Appropriations,

shall submit to the Committees on Appropriations not later than

January 5, 2004 and prior to the initial obligation of funds appropriated by this Act under the heading ‘‘Iraq Relief and Reconstruction Fund’’ a report on the proposed uses of all funds under this

heading on a project-by-project basis, for which the obligation of

funds is anticipated during the 3 month period from such date,

including estimates by the CPA of the costs required to complete

each such project: Provided, That up to 20 percent of funds appropriated under such heading may be obligated before the submission

of the report: Provided further, That in addition such report shall

include the following:

(1) The use of all funds on a project-by-project basis for

which funds appropriated under such heading were obligated

prior to the submission of the report, including estimates by

the CPA of the costs required to complete each project.

(2) The distribution of duties and responsibilities regarding

such projects among the agencies of the United States Government.

(3) Revenues to the CPA attributable to or consisting of

funds provided by foreign governments and international

organizations, disaggregated by donor, any obligations or

expenditures of such revenues, and the purpose of such obligations and expenditures.

(4) Revenues to the CPA attributable to or consisting of

foreign assets seized or frozen, any obligations or expenditures

of such revenues, and the purpose of such obligations and

expenditures.

(b) Any proposed new projects and increases in funding of

ongoing projects shall be reported to the Committees on Appropriations in accordance with regular notification procedures.

(c) The report required by subsection (a) shall be updated

and submitted to the Committees on Appropriations every 3 months

and shall include information on how the estimates and assumptions contained in previous reports have changed.

(d) The requirements of this section shall expire on October

1, 2007.

SEC. 2208. Any reference in this chapter to the ‘‘Coalition

Provisional Authority in Iraq’’ or the ‘‘Coalition Provisional

Authority’’ shall be deemed to include any successor United States

Government entity with the same or substantially the same authorities and responsibilities as the Coalition Provisional Authority in

Iraq.

SEC. 2209. Assistance or other financing under chapter 2 of

this title may be provided for Iraq and Afghanistan notwithstanding

any other provision of law not contained in this Act that restricts

assistance to foreign countries and section 660 of the Foreign Assistance Act of 1961: Provided, That funds made available for Iraq

pursuant to the authority of this section shall be subject to the

regular reprogramming notification procedures of the Committees

on Appropriations and section 634A of the Foreign Assistance Act
H. R. 3289—24

of 1961, except that notification shall be transmitted at least 5

days in advance of obligation.

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

are made available notwithstanding section 10 of Public Law 91–

672 and section 15 of the State Department Basic Authorities

Act of 1956, as amended.

SEC. 2211. Notwithstanding any other provision of law, the

Overseas Private Investment Corporation is authorized to undertake any program authorized by title IV of the Foreign Assistance

Act of 1961 in Iraq: Provided, That funds made available pursuant

to the authority of this section shall be subject to the regular

reprogramming notification procedures of the Committees on Appropriations.

SEC. 2212. In addition to transfer authority otherwise provided

in chapter 2 of this title, any appropriation made available in

chapter 2 of this title may be transferred between such appropriations, to be available for the same purposes and the same time

as the appropriation to which transferred: Provided, That the total

amount transferred pursuant to this section shall not exceed

$100,000,000: Provided further, That the Secretary of State shall

consult with the Committees on Appropriations prior to exercising

the authority contained in this section: Provided further, That funds

made available pursuant to the authority of this section shall be

subject to the regular notification procedures of the Committees

on Appropriations, except that notification shall be transmitted

at least 10 days in advance of the obligation of funds.

SEC. 2213. Public Law 107–57 is amended—

(1) in section 1(b), by striking ‘‘2003’’ wherever appearing

(including in the caption), and inserting in lieu thereof ‘‘2004’’;

(2) in section 3(2), by striking ‘‘Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 2002,

as is’’ and inserting in lieu thereof ‘‘annual foreign operations,

export financing, and related programs appropriations Acts for

fiscal years 2002, 2003, and 2004, as are’’; and

(3) in section 6, by striking ‘‘2003’’ and inserting in lieu

thereof ‘‘2004’’.

SEC. 2214. The Afghanistan Freedom Support Act of 2002

(Public Law 107–327), is amended in section 108(a), by striking

‘‘$425,000,000 for each of the fiscal years 2003 through 2006’’ and

inserting in lieu thereof ‘‘$1,825,000,000 for fiscal year 2004 and

$425,000,000 for each of fiscal years 2005 and 2006’’.

SEC. 2215. REPORTS ON IRAQ AND AFGHANISTAN. (a)(1) The

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

until September 30, 2006, submit a report to the Committees on

Appropriations which details, for the preceding month, Iraqi oil

production and oil revenues, and uses of such revenues.

(2) The first report required by this subsection shall be submitted not later than 30 days after enactment of this Act.

(3) The reports required by this subsection shall also be made

publicly available in both English and Arabic, including through

the CPA’s Internet website.

(b) The Secretary of State, in consultation with the heads

of other relevant Federal agencies, shall submit a report to the

Committees on Appropriations not later than 90 days after enactment of this Act detailing:

(1) the amount of debt incurred by the Government of

Saddam Hussein in Iraq, the impact forgiveness of such debt
H. R. 3289—25

would have on reconstruction and long-term prosperity in Iraq,

and the estimated amount that Iraq will pay, or that will

be paid on behalf of Iraq, to a foreign country to service such

debt during fiscal year 2004;

(2) the efforts of the Government of the United States

to increase resources contributed by foreign countries and international organizations, including the United Nations, to the

reconstruction and rehabilitation of Iraq and to increase international participation in peacekeeping and security efforts in

Iraq;

(3) the manner in which the needs of people with disabilities are being addressed in the development and implementation of programs, projects and activities funded by the United

States Government in Iraq and Afghanistan;

(4) the progress being made toward indicting and trying

leaders of the former Iraqi regime for war crimes, genocide,

and crimes against humanity; and

(5) the efforts of relevant Iraqi officials and legal advisors

to ensure that a new Iraqi constitution preserves religious

freedom and tolerance of all faiths.

(c) Title III of Public Law 107–327 is amended as follows

by inserting the following new section:

‘‘SEC. 304. REPORTS.

‘‘The Secretary of State shall submit reports to the Committees

on Foreign Relations and Appropriations of the Senate, and the

Committees on International Relations and Appropriations of the

House of Representatives on progress made in accomplishing the

‘Purposes of Assistance’ set forth in section 102 of this Act utilizing

assistance provided by the United States for Afghanistan. The

first report shall be submitted no later than December 31, 2003,

and subsequent reports shall be submitted in conjunction with

reports required under section 303 of this title and thereafter

through December 31, 2004.’’.

SEC. 2216. None of the funds appropriated or otherwise made

available under chapter 2 of title II of this Act may be obligated

or expended for any activity in contravention of Articles 1 and

4 of the Optional Protocol to the Convention on the Rights of

the Child on the Involvement of Children in Armed Conflicts.

SEC. 2217. PARTICIPATION OF WOMEN IN AFGHANISTAN AND

IRAQ RECONSTRUCTION. (a) GOVERNANCE.—Activities carried out by

the United States with respect to the civilian governance of Afghanistan and Iraq shall, to the maximum extent practicable—

(1) include the perspectives and advice of women’s organizations in Afghanistan and Iraq, respectively; and

(2) promote the high level participation of women in future

legislative bodies and ministries and ensure that human rights

for women are upheld in any constitution or legal institution

of Afghanistan and Iraq, respectively.

(b) POST-CONFLICT RECONSTRUCTION AND DEVELOPMENT.—

Activities carried out by the United States with respect to postconflict stability in Afghanistan and Iraq shall, to the maximum

extent practicable— (1) encourage the United States organizations that receive

funds made available by this Act to provide significant financial

resources, technical assistance and capacity building to counterpart organizations led by Afghans and Iraqis, respectively;
H. R. 3289—26

(2) increase the access of women to, or ownership by women

of, productive assets such as land, water, agricultural inputs,

credit, and property in Afghanistan and Iraq, respectively;

(3) provide long-term financial assistance for education for

girls and women in Afghanistan and Iraq, respectively; and

(4) integrate education and training programs for former

combatants in Afghanistan and Iraq, respectively, with economic development programs to—

(A) encourage the reintegration of such former combatants into society; and

(B) promote post-conflict stability in Afghanistan and

Iraq, respectively.

(c) MILITARY AND POLICE.—Activities carried out by the United

States with respect to training for military and police forces in

Afghanistan and Iraq shall include training, designed in consultation with women’s organizations in Afghanistan and Iraq, respectively, on the protection, rights, and particular needs of women.

TITLE III—INSPECTOR GENERAL OF

THE COALITION PROVISIONAL AUTHORITY

SEC. 3001. INSPECTOR GENERAL OF THE COALITION PROVISIONAL

AUTHORITY.

(a) PURPOSES.—The purposes of this section are as follows:

(1) To provide for the independent and objective conduct

and supervision of audits and investigations relating to the

programs and operations of the Coalition Provisional Authority

(CPA).

(2) To provide for the independent and objective leadership

and coordination of, and recommendations on, policies designed

to—

(A) promote economy efficiency, and effectiveness in

the administration of such programs and operations; and

(B) prevent and detect fraud and abuse in such programs and operations.

(3) To provide for an independent and objective means

of keeping the head of the Coalition Provisional Authority fully

and currently informed about problems and deficiencies relating

to the administration of such programs and operations and

the necessity for and progress for corrective action.

(b) OFFICE OF INSPECTOR GENERAL.—There is hereby established the Office of the Inspector General of the Coalition Provisional Authority.

(c) APPOINTMENT OF INSPECTOR GENERAL; REMOVAL.—(1) The

head of the Office of the Inspector General of the Coalition Provisional Authority is the Inspector General of the Coalition Provisional Authority, who shall be appointed by the Secretary of

Defense, in consultation with the Secretary of State.

(2) The appointment of Inspector General shall be made solely

on the basis of integrity and demonstrated ability in accounting,

auditing, financial analysis, law, management analysis, public

administration, or investigations.
H. R. 3289—27

(3) The nomination of an individual as Inspector General shall

be made not later than 30 days after the date of the enactment

of this Act.

(4) The Inspector General shall be removable from office in

accordance with the provisions of section 3(b) of the Inspector

General Act of 1978 (5 U.S.C. App.).

(5) For purposes of section 7324 of title 5, United States Code,

the Inspector General shall not be considered an employee who

determines policies to be pursued by the United States in the

nationwide administration of Federal law.

(6) The annual rate of basic pay of the Inspector General

shall be the annual rate of basic pay provided for positions at

level IV of the Executive Schedule under section 5315 of title

5, United States Code.

(d) ASSISTANT INSPECTORS GENERAL.—The Inspector General

shall, in accordance with applicable laws and regulations governing

the civil service—

(1) appoint an Assistant Inspector General for Auditing

who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations

of the Coalition Provisional Authority; and

(2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the

performance of investigative activities relating to such programs and operations.

(e) SUPERVISION.—(1) Except as provided in paragraph (2), the

Inspector General shall report directly to, and be under the general

supervision of, the head of the Coalition Provisional Authority.

(2) Neither the head of the Coalition Provisional Authority,

any other officer of the Coalition Provisional Authority, nor any

other officer of the Department of Defense, the Department of

State, or the United States Agency for International Development

shall prevent or prohibit the Inspector General from initiating,

carrying out, or completing any audit or investigation, or from

issuing any subpoena during the course of any audit or investigation.

(f) DUTIES.—(1) It shall be the duty of the Inspector General

to conduct, supervise, and coordinate audits and investigations of

the treatment, handling, and expenditure of appropriated funds

by the Coalition Provisional Authority in Iraq, and of the programs,

operations, and contracts carried out utilizing such funds,

including—

(A) the oversight and accounting of the obligation and

expenditure of such funds;

(B) the monitoring and review of reconstruction activities

funded by such funds;

(C) the monitoring and review of contracts funded by such

funds;

(D) the monitoring and review of the transfer of such

funds and associated information between and among the Coalition Provisional Authority, other departments, agencies, and

entities of the Federal Government, and private and nongovernmental entities; and

(E) the maintenance of records on the use of such funds

to facilitate future audits and investigations of the use of such

funds.
H. R. 3289—28

(2) The Inspector General shall establish, maintain, and oversee

such systems, procedures, and controls as the Inspector General

considers appropriate to discharge the duty under paragraph (1).

(3) In addition to the duties specified in paragraphs (1) and

(2), the Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978.

(4) In carrying out the duties, responsibilities, and authorities

of the Inspector General under this section, the Inspector General

shall coordinate with, and receive the cooperation of, the Inspector

General of the Department of Defense.

(5) In carrying out the duties, and responsibilities, and authorities of the Inspector General under this section, the Inspector

General shall coordinate with, and receive the cooperation of the

Inspector General of the United States Agency for International

Development.

(g) POWERS AND AUTHORITIES.—(1) In carrying out the duties

specified in subsection (f), the Inspector General shall have the

authorities provided in section 6 of the Inspector General Act of

1978.

(2) The Inspector General shall carry out the duties specified

in subsection (f)(1) in accordance with section 4(b)(1) of the Inspector

General Act of 1978.

(h) PERSONNEL, FACILITIES, AND OTHER RESOURCES.—(1) The

Inspector General may select, appoint, and employ such officers

and employees as may be necessary for carrying out the duties

of the Inspector General, subject to the provisions of title 5, United

States Code, governing appointments in the competitive service,

and the provisions of chapter 51 and subchapter III of chapter

53 of such title, relating to classification and General Schedule

pay rates.

(2) The Inspector General may obtain services as authorized

by section 3109 of title 5, United States Code, at daily rates not

to exceed the equivalent rate prescribed for grade GS–15 of the

General Schedule by section 5332 of such title.

(3) To the extent and in such amounts as may be provided

in advance by appropriations Acts, the Inspector General my enter

into contracts and other arrangements for audits, studies, analyses,

and other services with public agencies and with private persons,

and make such payments as may be necessary to carry out the

duties of the Inspector General.

(4)(A) Upon request of the Inspector General for information

or assistance from any department, agency, or other entity of the

Federal Government, the head of such entity shall, insofar as is

practicable and not in contravention of any existing law, furnish

such information or assistance to the Inspector General, or an

authorized designee.

(B) Whenever information or assistance requested by the

Inspector General is, in the judgment of the Inspector General,

unreasonably refused or not provided, the Inspector General shall

report the circumstances to the head of the Coalition Provisional

Authority and to the appropriate committees of Congress without

delay.

(5) The head of the Coalition Provisional Authority shall provide

the Inspector General with appropriate and adequate office space

at the central and field office locations of the Coalition Provisional

Authority, together with such equipment, office supplies, and

communications facilities and services as may be necessary for
H. R. 3289—29

the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities

located therein.

(i) REPORTS.—(1) Not later than March 30, 2004, and every

calendar quarter thereafter, the Inspector General shall submit

to the appropriate committees of Congress a report summarizing

the activities of the Inspector General and the Coalition Provisional

Authority during the 120-day period ending on the date of such

report. Each report shall include, for the period covered by such

report, a detailed statement of all obligations, expenditures, and

revenues associated with reconstruction and rehabilitation activities

in Iraq, including the following:

(A) Obligations and expenditures of appropriated funds.

(B) A project-by-project and program-by-program

accounting of the costs incurred to date for the reconstruction

of Iraq, together with the estimate of the Coalition Provisional

Authority of the costs to complete each project and each program.

(C) Revenues attributable to or consisting of funds provided

by foreign nations or international organizations, and any

obligations or expenditures of such revenues.

(D) Revenues attributable to or consisting of foreign assets

seized or frozen, and any obligations or expenditures of such

revenues.

(E) Operating expenses of the Coalition Provisional

Authority and of any other agencies or entities receiving appropriated funds.

(F) In the case of any contract described in paragraph

(2)— (i) the amount of the contract or other agreement;

(ii) a brief discussion of the scope of the contract or

other agreement;

(iii) a discussion of how the Coalition Provisional

Authority identified, and solicited offers from, potential

contractors to perform the contract, together with a list

of the potential contractors that were issued solicitations

for the offers; and

(iv) the justification and approval documents on which

was based the determination to use procedures other than

procedures that provide for full and open competition.

(2) A contract described in this paragraph is any major contract

or other agreement that is entered into by the Coalition Provisional

Authority with any public or private sector entity for any of the

following purposes:

(A) To build or rebuild physical infrastructure of Iraq.

(B) To establish or reestablish a political or societal institution of Iraq.

(C) To provide products or services to the people of Iraq.

(3) Not later than June 30, 2004, and semiannually thereafter,

the Inspector General shall submit to the appropriate committees

of Congress a report meeting the requirements of section 5 of

the Inspector General Act of 1978.

(4) The Inspector General shall publish each report under this

subsection in both English and Arabic on the Internet website

of the Coalition Provisional Authority.

(5) Each report under this subsection may include a classified

annex if the Inspector General considers it necessary.
H. R. 3289—30

(6) Nothing in this subsection shall be construed to authorize

the public disclosure of information that is—

(A) specifically prohibited from disclosure by any other

provision of law;

(B) specifically required by Executive order to be protected

from disclosure in the interest of national defense or national

security or in the conduct of foreign affairs; or

(C) a part of an ongoing criminal investigation.

(j) REPORT COORDINATION.—(1) The Inspector General shall

also submit each report under subsection (i) to the head of the

Coalition Provisional Authority.

(2)(A) Not later than 30 days after receipt of a report under

paragraph (1), the head of the Coalition Provisional Authority may

submit to the appropriate committees of Congress any comments

on the matters covered by the report as the head of the Coalition

Provisional Authority considers appropriate.

(B) A report under this paragraph may include a classified

annex if the head of the Coalition Provisional Authority considers

it necessary.

(k) TRANSPARENCY.—(1) Not later than 60 days after the date

of the submittal to Congress of a report under subsection (i), the

head of the Coalition Provisional Authority shall make copies of

such report available to the public upon request, and at a reasonable

cost.

(2) Not later than 60 days after the date of the submittal

to Congress under subsection (j)(2) of comments on a report under

subsection (i), the head of the Coalition Provisional Authority shall

make copies of such comments available to the public upon request,

and at a reasonable cost.

(l) WAIVER.—(1) The President may waive the requirement

under paragraph (1) or (3) of subsection (i) for the inclusion in

a report under such paragraph of any element otherwise provided

for under such paragraph if the President determines that the

waiver is justified for national security reasons.

(2) The President shall publish a notice of each waiver made

under this subsection in the Federal Register no later than the

date on which the reports required under paragraph (1) or (3)

of subsection (i) are submitted to Congress. The reports required

under paragraph (1) or (3) of subsection (i) shall specify whether

waivers under this subsection were made and with respect to which

elements.

(m) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committees on Appropriations, Armed Services,

and Foreign Relations of the Senate; and

(2) the Committees on Appropriations, Armed Services,

and International Relations of the House of Representatives.

(n) FUNDING.—(1) Of the amounts appropriated for fiscal year

2004 for the Operating Expenses of the Coalition Provisional

Authority in title II of this Act, $75,000,000 shall be available

to carry out this section.

(2) The amount available under paragraph (1) shall remain

available until expended.

(o) The Office of Inspector General shall terminate 6 months

after the authorities and duties of the Coalition Provisional

Authority cease to exist.
H. R. 3289—31

TITLE IV—GENERAL PROVISIONS, THIS ACT

SEC. 4001. No part of any appropriation contained in this

Act shall remain available for obligation beyond the current fiscal

year unless expressly so provided herein.

SEC. 4002. The amounts provided in this Act are designated

by the Congress as an emergency requirement pursuant to section

502 of H. Con. Res. 95 (108th Congress).

SEC. 4003. For purposes of computing the amount of a payment

for an eligible local educational agency under section 8003(a) of

the Elementary and Secondary Education Act (20 U.S.C. 7703(a))

for school year 2003–2004, children enrolled in a school of such

agency who would otherwise be eligible to be claimed for payment

under section 8003(a)(1)(B) of such Act, but due to the deployment

of both parents or legal guardians, or a parent or legal guardian

having sole custody of such children, or due to the death of a

military parent or legal guardian while on active duty (so long

as such children reside on Federal property as described in section

8003(a)(1)(B)), are no longer eligible under such section, shall be

considered as eligible students under such section, provided such

students remain in average daily attendance at a school in the

same local educational agency they attended prior to their change

in eligibility status.

This Act may be cited as the ‘‘Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and

Afghanistan, 2004’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.