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[108th Congress Public Law 106]
[From the U.S. Government Printing Office]

[DOCID: f:publ106.108]

[[Page 117 STAT. 1209]]

Public Law 108-106
108th Congress

                                 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. <<NOTE: Nov. 6, 
                         2003 -  [H.R. 3289]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Emergency 
Supplemental Appropriations Act for Defense and for the Reconstruction 
of Iraq and Afghanistan, 2004.>> 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.

[[Page 117 STAT. 1210]]

                     Operation and Maintenance, Navy

    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, <<NOTE: Notification.>> 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, <<NOTE: Reports.>> 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.

[[Page 117 STAT. 1211]]

              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

    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, <<NOTE: Notification.>> 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 <<NOTE: Reports. Deadline.>> 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.

[[Page 117 STAT. 1212]]

                       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.

[[Page 117 STAT. 1213]]

                     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

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $73,000,000: Provided, That these funds may be 
used only for such activities related to Afghanistan: Provided further, 
That the Secretary of Defense may transfer the funds provided herein 
only to appropriations for military personnel; operation and 
maintenance; procurement; and research, development, test and 
evaluation: Provided further, That the funds transferred shall be merged 
with and be available for the same purposes and for the same time 
period, as the appropriation to which transferred: Provided further, 
That the transfer authority provided in this paragraph is in addition to 
any other transfer authority available to the Department of Defense.

                            RELATED AGENCIES

                Intelligence Community Management Account

    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

    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: 
<<NOTE: Notification.>> Provided, That the Secretary shall notify the 
Congress promptly of each transfer made pursuant to this authority: 
Provided further, That

[[Page 117 STAT. 1214]]

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. <<NOTE: Effective date. Termination date. 37 USC 310 
note.>> 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) <<NOTE: Effective date.>> 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, <<NOTE: Reports.>> 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, <<NOTE: Notification.>> 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.

[[Page 117 STAT. 1215]]

    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, <<NOTE: Reports.>> 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. <<NOTE: Deadline. Reports. enhancements to exemption for 
members with combat-related injuries from requirement for payment of 
subsistence charges while hospitalized>> 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.

    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)), <<NOTE: Ante, p. 1109.>> is repealed.

    (b) Retroactivity.--Subsection (b) of section 8146 of the Department 
of Defense Appropriations Act, 2004 (Public Law 108-87), <<NOTE: Ante, 
p. 1109.>> is amended to read as follows:

    ``(b) <<NOTE: Applicability.>> 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.''.

[[Page 117 STAT. 1216]]

    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) <<NOTE: Notification.>> The Secretary concerned shall promptly 
transmit to each member of the Ready Reserve eligible for screening and 
care under this subsection a notification of eligibility for such 
screening and care.

    ``(3) A member provided medical or dental screening or care under 
paragraph (1) may not be charged for the screening or care.
    ``(4) Screening and care may not be provided under this section 
after September 30, 2004.''.
    Sec. 1115. (a) Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1076a the following new section:

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

    ``(a) Eligibility.--Each member of the Selected Reserve of the Ready 
Reserve and each member of the Individual Ready Reserve described in 
section 10144(b) of this title is eligible, subject to subsection (h), 
to enroll in TRICARE and receive benefits under such enrollment for any 
period that the member--
            ``(1) is an eligible unemployment compensation recipient; or
            ``(2) is not eligible for health care benefits under an 
        employer-sponsored health benefits plan.

    ``(b) Types of Coverage.--(1) A member eligible under subsection (a) 
may enroll for either of the following types of coverage:
            ``(A) Self alone coverage.
            ``(B) Self and family coverage.

    ``(2) An enrollment by a member for self and family covers the 
member and the dependents of the member who are described in 
subparagraph (A), (D), or (I) of section 1072(2) of this title.
    ``(c) Open Enrollment Periods.--The Secretary of Defense shall 
provide for at least one open enrollment period each year. During an 
open enrollment period, a member eligible under subsection (a) may 
enroll in the TRICARE program or change or terminate an enrollment in 
the TRICARE program.
    ``(d) Scope of Care.--(1) A member and the dependents of a member 
enrolled in the TRICARE program under this section shall be entitled to 
the same benefits under this chapter as a member of the uniformed 
services on active duty or a dependent of such a member, respectively.
    ``(2) <<NOTE: Applicability.>> 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.

[[Page 117 STAT. 1217]]

 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. <<NOTE: Procedures.>> 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

[[Page 117 STAT. 1218]]

covered for health care benefits under any other health benefits plan.
    ``(j) Eligible Unemployment Compensation Recipient Defined.--In this 
section, the term `eligible unemployment compensation recipient' means, 
with respect to any month, any individual who is determined eligible for 
any day of such month for unemployment compensation under State law (as 
defined in section 205(9) of the Federal-State Extended Unemployment 
Compensation Act of 1970), including Federal unemployment compensation 
laws administered through the State.
    ``(k) Regulations.--The Secretary of Defense, in consultation with 
the other administering Secretaries, shall prescribe regulations for the 
administration of this section.
    ``(l) Termination of Authority.--An enrollment in TRICARE under this 
section may not continue after September 30, 2004.''.
    (b) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1076a the 
following new item:

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

    Sec. 1116. Section 1074 of title 10, United States Code, is amended 
by adding at the end the following new subsection:
    ``(d)(1) For the purposes of this chapter, a member of a reserve 
component of the armed forces who is issued a delayed-effective-date 
active-duty order, or is covered by such an order, shall be treated as 
being on active duty for a period of more than 30 days beginning on the 
later of the date that is--
            ``(A) the date of the issuance of such order; or
            ``(B) 90 days before date on which the period of active duty 
        is to commence under such order for that member.

    ``(2) In this subsection, the term `delayed-effective-date active-
duty order' means an order to active duty for a period of more than 30 
days in support of a contingency operation under a provision of law 
referred to in section 101(a)(13)(B) of this title that provides for 
active-duty service to begin under such order on a date after the date 
of the issuance of the order.
    ``(3) <<NOTE: Termination date.>> This section shall cease to be 
effective on September 30, 2004.''.

    Sec. 1117. <<NOTE: 10 USC 1145 note.>> (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) <<NOTE: Applicability.>> 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) <<NOTE: Effective date.>> 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. <<NOTE: Notification.>> (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

[[Page 117 STAT. 1219]]

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. <<NOTE: Applicability.>> 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. <<NOTE: Deadline. Reports. 10 USC 113 note.>> (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.

[[Page 117 STAT. 1220]]

    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

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

                   Emergency Preparedness and Response

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

                     GENERAL PROVISION, THIS CHAPTER

    Sec. 1201. <<NOTE: Effective date.>> Effective upon the enactment of 
the Project BioShield Act of 2003, the Department of Homeland Security 
Appropriations Act, 2004 (Public Law 108-90) <<NOTE: Ante, p. 1148.>> 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.

[[Page 117 STAT. 1221]]

                    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) <<NOTE: Deadline.>> 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.

[[Page 117 STAT. 1222]]

            (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) <<NOTE: Deadline.>> 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

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

[[Page 117 STAT. 1223]]

                 DEPARTMENT OF STATE AND RELATED AGENCY

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

    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.

    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''.

    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, <<NOTE: Sierra Leone.>> 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

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

[[Page 117 STAT. 1224]]

                             RELATED AGENCY

                     Broadcasting Board of Governors

    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.

    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, <<NOTE: Notification.>> 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.

[[Page 117 STAT. 1225]]

                   OTHER BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

    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, <<NOTE: Notification.>> 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, <<NOTE: Notification.>> 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

[[Page 117 STAT. 1226]]

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

[[Page 117 STAT. 1227]]

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

    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, <<NOTE: Notification.>> 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.

[[Page 117 STAT. 1228]]

                           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.
     <<NOTE: Contracts. Deadline. Notification.>> (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

[[Page 117 STAT. 1229]]

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) <<NOTE: Applicability.>> 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)  <<NOTE: Federal 
        Register, publication. Deadline.>> 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

[[Page 117 STAT. 1230]]

                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 <<NOTE: Ante, p. 
579.>> 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 <<NOTE: Ante, p. 
579.>> is amended by--
            (1) in the first proviso, striking the first proviso, and 
        inserting in lieu thereof: 
        ``Provided, <<NOTE: Notification.>> 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''.

[[Page 117 STAT. 1231]]

    Sec. 2206. Section 202(b) of the Afghanistan Freedom Support Act of 
2002 (Public Law 107-327) <<NOTE: 22 USC 7532.>> is amended by striking 
``$300,000,000'' and inserting in lieu thereof ``$450,000,000''.

    Sec. 2207. <<NOTE: Deadline. Reports. 22 USC 2151 note.>> (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) <<NOTE: Expiration date.>> The requirements of this section 
shall expire on October 1, 2007.

    Sec. 2208. <<NOTE: 22 USC 2151 note.>> 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,  <<NOTE: Notification.>> 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

[[Page 117 STAT. 1232]]

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, <<NOTE: Notification.>> 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, <<NOTE: Notification.>> 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), <<NOTE: 115 Stat. 403.>> by striking 
        ``2003'' wherever appearing (including in the caption), and 
        inserting in lieu thereof ``2004'';
            (2) in section 3(2), <<NOTE: 115 Stat. 404.>> 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, <<NOTE: 115 Stat. 405.>> by striking 
        ``2003'' and inserting in lieu thereof ``2004''.

    Sec. 2214. The Afghanistan Freedom Support Act of 2002 (Public Law 
107-327), <<NOTE: 22 USC 7518.>> 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. <<NOTE: Termination date. 22 USC 2151 note.>> 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) <<NOTE: Deadline.>> The first report required by this subsection 
shall be submitted not later than 30 days after enactment of this Act.

    (3) <<NOTE: Public information.>> 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) <<NOTE: Deadline.>> 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

[[Page 117 STAT. 1233]]

        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. <<NOTE: 22 USC 7554.>> 

    ``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. <<NOTE: 22 USC 
7554.>> The first report shall be submitted no later than December 31, 
2003, and subsequent reports shall be submitted in conjunction with 
reports required under section 303 of this title and thereafter through 
December 31, 2004.''.

    Sec. 2216. None of the funds appropriated or otherwise made 
available under chapter 2 of title II of this Act may be obligated or 
expended for any activity in contravention of Articles 1 and 4 of the 
Optional Protocol to the Convention on the Rights of the Child on the 
Involvement of Children in Armed Conflicts.
    Sec. 2217. Participation of Women in Afghanistan and Iraq 
Reconstruction. (a) Governance.--Activities carried out by the United 
States with respect to the civilian governance of Afghanistan and Iraq 
shall, to the maximum extent practicable--
            (1) include the perspectives and advice of women's 
        organizations in Afghanistan and Iraq, respectively; and
            (2) promote the high level participation of women in future 
        legislative bodies and ministries and ensure that human rights 
        for women are upheld in any constitution or legal institution of 
        Afghanistan and Iraq, respectively.

    (b) Post-conflict Reconstruction and Development.--Activities 
carried out by the United States with respect to post-conflict stability 
in Afghanistan and Iraq shall, to the maximum extent practicable--
            (1) encourage the United States organizations that receive 
        funds made available by this Act to provide significant 
        financial resources, technical assistance and capacity building 
        to counterpart organizations led by Afghans and Iraqis, 
        respectively;

[[Page 117 STAT. 1234]]

            (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. <<NOTE: 5 USC app. 8G note.>> 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) <<NOTE: Establishment.>> 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.

[[Page 117 STAT. 1235]]

    (3) <<NOTE: Deadline.>> 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.

[[Page 117 STAT. 1236]]

    (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

[[Page 117 STAT. 1237]]

the operation of such offices, and shall provide necessary maintenance 
services for such offices and the equipment and facilities located 
therein.
    (i) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Publication.>> 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.

[[Page 117 STAT. 1238]]

    (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) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines. Public information.>> 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) <<NOTE: President. Federal 
Register, publication. Deadline.>> 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) <<NOTE: Termination date.>> The Office of Inspector General 
shall terminate 6 months after the authorities and duties of the 
Coalition Provisional Authority cease to exist.

[[Page 117 STAT. 1239]]

                 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''.

    Approved November 6, 2003.

LEGISLATIVE HISTORY--H.R. 3289 (S. 1689):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 108-312 (Comm. on Appropriations) and 108-337 (Comm. 
of Conference).
SENATE REPORTS: No. 108-160 accompanying S. 1689 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            Oct. 16, considered in House.
            Oct. 17, considered and passed House. Considered and passed 
                Senate, amended, in lieu of S. 1689.
            Oct. 30, House agreed to conference report.
            Nov. 3, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
            Nov. 6, Presidential remarks and statement.

                                  <all>
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