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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1689 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 296
108th CONGRESS
  1st Session
                                S. 1689

 Making emergency supplemental appropriations for Iraq and Afghanistan 
 security and reconstruction for the fiscal year ending September 30, 
                     2004, and for other purposes.

Rule___________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 29), 2003

    Mr. Stevens, from the Committee on Appropriations, reported the 
    following original bill, which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL

 
 Making emergency supplemental appropriations for Iraq and Afghanistan 
 security and reconstruction for the fiscal year ending September 30, 
                     2004, and for other purposes.

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

                       TITLE I--NATIONAL SECURITY

                               CHAPTER 1

                         DEPARTMENT OF DEFENSE

                           MILITARY 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'', 
$24,946,464,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 502 of House 
Concurrent Resolution 95, the concurrent resolution on the budget for 
fiscal year 2004: Provided further, That the entire amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in House 
Concurrent Resolution 95, the concurrent resolution on the budget for 
fiscal year 2004, is transmitted by the President to the Congress.

                    Operation and Maintenance, Navy

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Navy'', 
$1,976,258,000, 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'', $5,516,368,000.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $4,218,452,000, 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; and
            (2) $1,000,000,000, 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, military, and other 
        support provided, or to be provided, to United States military 
        operations: Provided, That such payments may be made in such 
        amounts as the Secretary of Defense, with the concurrence of 
        the Secretary of State, and in consultation with the Director 
        of the Office of Management and Budget, may determine, in his 
        discretion, based on documentation determined by the Secretary 
        of Defense to adequately account for the support provided, and 
        such determination is final and conclusive upon the accounting 
        officers of the United States, and 15 days following 
        notification to the appropriate congressional committees: 
        Provided further, That the Secretary of Defense shall provide 
        quarterly reports to the Committees on Appropriations on the 
        use of these funds.

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Air National Guard

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                           Iraq Freedom Fund

                          (transfer of funds)

    For ``Iraq Freedom Fund'', $1,988,600,000, to remain available for 
transfer until September 30, 2005, for the purposes authorized under 
this heading in Public Law 108-11: Provided, That the Secretary of 
Defense may transfer the funds provided herein to appropriations for 
military personnel; operation and maintenance; Overseas Humanitarian, 
Disaster Assistance, and Civic Aid; procurement; military construction; 
the Defense Health Program; and working capital funds: Provided 
further, That funds transferred shall be merged with and be available 
for the same purposes and for the same time period as the appropriation 
or fund to which transferred: Provided further, That this transfer 
authority is in addition to any other transfer authority available to 
the Department of Defense: Provided further, That upon a determination 
that all or part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
Secretary of Defense shall, not fewer than 5 days prior to making 
transfers from this appropriation, notify the congressional defense 
committees in writing of the details of any such transfer: Provided 
further, That the Secretary shall submit a report no later than 30 days 
after the end of each fiscal quarter to the congressional defense 
committees summarizing the details of the transfer of funds from this 
appropriation.

                              PROCUREMENT

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$6,200,000, to remain available until September 30, 2006.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $104,000,000, to remain available until 
September 30, 2006: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 502 of 
House Concurrent Resolution 95, the concurrent resolution on the budget 
for fiscal year 2004: Provided further, That the entire amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in House 
Concurrent Resolution 95, the concurrent resolution on the budget for 
fiscal year 2004, is transmitted by the President to the Congress.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$1,078,687,000, to remain available until September 30, 2006: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of House Concurrent Resolution 95, 
the concurrent resolution on the budget for fiscal year 2004: Provided 
further, That the entire amount shall be available only to the extent 
that an official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in House Concurrent Resolution 95, the 
concurrent resolution on the budget for fiscal year 2004, is 
transmitted by the President to the Congress.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$128,600,000, 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'', 
$40,972,000, 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'', 
$3,441,006,000, to remain available until September 30, 2006.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$435,635,000, 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'', $265,817,000, to remain available until 
September 30, 2005.

                     REVOLVING AND MANAGEMENT FUNDS

                   Working Capital Fund, Defense-Wide

    For an additional amount for ``Working Capital Fund, Defense-
Wide'', $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: 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.

                            RELATED AGENCIES

               Intelligence Community Management Account

                     (including transfer of funds)

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

                               CHAPTER 2

                         MILITARY CONSTRUCTION

                      Military Construction, Army

    For an additional amount for ```Military Construction, Army'', 
$119,900,000, to remain available until September 30, 2008: Provided, 
That such funds may be obligated and expended to carry out military 
construction projects not otherwise authorized by law.

                    Military Construction, Air Force

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

                               CHAPTER 3

                     GENERAL PROVISIONS, THIS TITLE

    Sec. 301. Section 202(b) of the Afghanistan Freedom Support Act of 
2002 (Public Law 107-327) is amended by striking ``$300,000,000'' and 
inserting ``$450,000,000''.
    Sec. 302. Upon his determination that such action is necessary in 
the national interest, the Secretary of Defense may transfer between 
appropriations up to $2,500,000,000 of the funds made available in this 
title, and in addition such funds as necessary, not to exceed 
$5,000,000,000, as approved by the House and Senate Appropriations 
Committees, Subcommittees on Defense: Provided, That the Secretary 
shall notify the Congress promptly of each transfer made pursuant to 
this authority: Provided further, That the transfer authority provided 
in this section is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That the 
authority in this section is subject to the same terms and conditions 
as the authority provided in section 8005 of the Department of Defense 
Appropriations Act, 2004.
    Sec. 303. Funds appropriated in this title, or made available by 
transfer of funds in or pursuant to this title, 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. 304. 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 90 days after 
such plan has been provided to the congressional defense committees.
    Sec. 305. Sections 1318 and 1319 of Public Law 108-11 shall remain 
in effect during fiscal year 2004.
    Sec. 306. 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 increased to $225; and (b) the rates of pay authorized 
by section 427(a)(1) of title 37, United States Code, shall be 
increased to $250.
    Sec. 307. (a) Section 1313 of Public Law 108-11 is amended by 
adding the word, ``unobligated'', before ``balances''.
    (b) After October 31, 2003, adjustments to obligations that would 
have been properly chargeable to the Defense Emergency Response Fund 
shall be charged to any current appropriation account of the Department 
of Defense available for the same purpose.
    Sec. 308. Within 30 days after the enactment of this Act, the 
Secretary of Defense shall report to the Committees on Appropriations 
on progress to implement the terms of section 8082 of the Department of 
Defense Appropriations Act, 2004.
    Sec. 309. Not later than thirty days after the date of enactment of 
this Act, the Secretary of Defense shall submit a report to the 
congressional defense committees describing an Analysis of Alternatives 
for replacing the capabilities of the fleet of KC-135 aircraft.
    Sec. 310. None of the funds provided in this title may be used to 
finance programs or activities denied by Congress in fiscal year 2003 
or 2004 appropriations to the Department of Defense or to initiate a 
procurement or research, development, test and evaluation new start 
program without prior notification to the congressional defense 
committees.
    Sec. 311. During the current fiscal year, funds available to the 
Department of Defense for operation and maintenance may be used, 
notwithstanding any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and other 
logistical support to coalition forces supporting military and 
stability operations in Iraq: Provided, That the Secretary of Defense 
shall provide quarterly reports to the Committees on Appropriations 
regarding support provided under this section.
    Sec. 312. Notwithstanding any other provision of law, from funds 
available to the Department of Defense for operation and maintenance in 
fiscal year 2004, not to exceed $200,000,000 may be used by the 
Secretary of Defense, with the concurrence of the Secretary of State, 
to provide assistance only to the New Iraqi Army and the Afghan 
National Army to enhance their capability to combat terrorism and to 
support U.S. military operations in Iraq and Afghanistan: Provided, 
That such assistance may include the provision of equipment, supplies, 
services, training and funding: Provided further, That the authority to 
provide assistance under this section is in addition to any other 
authority to provide assistance to foreign nations: Provided further, 
That the Secretary of Defense shall notify Congress not less than 15 
days before providing assistance under the authority of this section.
    Sec. 313. (a) Report on Military Readiness Implications of 
Operation Iraqi Freedom.--
            (1) The Secretary of Defense shall submit to the 
        congressional defense committees a report assessing the 
        implications for United States military readiness of the 
        participation of United States ground combat forces in 
        Operation Iraqi Freedom.
            (2) The report shall be submitted not later than 30 days 
        after the date of the enactment of this Act.
    (b) Matters To Be Included.--The report under subsection (a) shall 
include the following:
            (1) An estimate of the total number of forces required to 
        carry out Operation Iraqi Freedom, including forces required 
        for a rotation base.
            (2) An estimate of the expected duration of the operation.
            (3) An estimate of the cost of the operation together with 
        an explanation of how the Secretary will use the funds provided 
        for the operation, and an assessment of how such proposed 
        funding plan would affect overall military readiness.
            (4) An assessment of how readily forces participating in 
        the operation could be redeployed to additional overlapping 
        major conflicts while providing for the President the option to 
        call for victory in one of those conflicts, as well as to 
        conduct a limited number of smaller-scale contingency 
        operations, including an analysis of the availability of 
        strategic lift, the likely condition of equipment, and the 
        extent of retraining necessary to facilitate such a 
        redeployment.
            (5) An assessment of the effect of the operation on the 
        general combat readiness and deployability of combat units to 
        defend the homeland and for the Global War on Terrorism.
            (6) An assessment of the effect of the operation on the 
        four 2001 Quadrennial Defense Review defense policy goals, 
        namely assuring allies and friends, dissuading future military 
        competitors, deterring threats and coercion against United 
        States interests and, if deterrence fails, decisively defeating 
        any adversary.
            (7) An assessment of the effect the operation would have on 
        the general combat readiness and deployability of combat units 
        not designated to be part of the operation including active 
        forces, reserve, and National Guard.
            (8) For current deployment and subsequent rotations, an 
        assessment of the number and type of combat support and combat 
        service support units required from active forces, reserve, and 
        National Guard, and the expected duration of each rotation.
            (9) An assessment of the degree to which the operation will 
        require the use of reserve component units and personnel and 
        the use and timing of involuntary Selected Reserve callup 
        authority as provided by section 12304 of title 10, United 
        States Code.
            (10) An assessment of the anticipated annual cost of 
        equipment refurbishment and replacement resulting from the 
        operation.
            (11) An assessment of how the increased operational tempo 
        associated with the operation would affect the mission capable 
        readiness rates and overall health of both strategic and 
        theater airlift assets.
            (12) An assessment of the effect the operation will have on 
        the ability of the United States Armed Forces, including the 
        active forces, reserve, and National Guard, to meet recruiting 
        goals.
            (13) An assessment of the effect of the operation on 
        training infrastructure and instrumentation of United States 
        training ranges, including the active forces, reserve, and 
        National Guard.
            (14) An assessment of the effect the operation will have on 
        retention among active forces, reserve, and National Guard.
            (15) An assessment of the effect of the operation on 
        quality of life issues for active forces, reserve, and National 
        Guard.
    (c) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Congressional Defense Committees Defined.--In this section, the 
term ``congressional defense committees'' means--
            (1) the Committees on Armed Services and Appropriations of 
        the Senate; and
            (2) the Committees on Armed Services and Appropriations of 
        the House of Representatives.
    Sec. 314. (a) Section 1075 of title 10, United States Code, is 
amended--
            (1) by inserting ``(a) In General.--'' before ``When''; and
            (2) by striking the second sentence and inserting the 
        following:
    ``(b) Exceptions.--Subsection (a) shall not apply to any of the 
following:
            ``(1) An enlisted member, or former enlisted member, of a 
        uniformed service who is entitled to retired or retainer pay or 
        equivalent pay.
            ``(2) An officer or former officer of a uniformed service, 
        or an enlisted member or former enlisted member of a uniformed 
        service not described in paragraph (1), who is hospitalized 
        under section 1074 of this title because of an injury or 
        disease incurred (as determined under criteria prescribed by 
        the Secretary of Defense)--
                    ``(A) as a direct result of armed conflict;
                    ``(B) while engaged in hazardous service;
                    ``(C) in the performance of duty under conditions 
                simulating war; or
                    ``(D) through an instrumentality of war.''.
    (b) Section 1075(b) of title 10, United States Code, as added by 
subsection (a), shall take effect on the date of the enactment of this 
Act, and shall apply with respect to injuries or diseases incurred on 
or after that date.
    Sec. 315. (a) Transfer Authority.--Subject to subsection (b), the 
Secretary of Defense may transfer not more than $150,000,000 of the 
funds appropriated in this title to the contingency construction 
account, authorized under section 2804 of title 10, United States Code, 
to carry out military construction projects not otherwise authorized by 
law. Funds so transferred shall be merged with and be available for the 
same purposes and the same time period as the appropriation to which 
transferred. The transfer authority under this section is in addition 
to any other transfer authority available to the Department of Defense.
    (b) Conditions on Transfer.--A transfer of funds under subsection 
(a) may not be made until the end of the 7-day period beginning on the 
date the Secretary of Defense submits written notice to the appropriate 
committees of Congress certifying that the transfer is necessary to 
respond to, or protect against, acts or threatened acts of terrorism or 
to support Department of Defense operations in Iraq, and specifying the 
amounts and purposes of the transfer, including a list of proposed 
projects and their estimated costs.
    (c) Notice of Obligations.--Notwithstanding section 2804(b) of 
title 10, United States Code, when a decision is made to carry out a 
military construction project using funds transferred to the 
contingency construction account under subsection (a), the Secretary of 
Defense shall submit written notice to the appropriate committees of 
Congress no later than 15 days after the obligation of the funds for 
the project, specifying the source of the transferred funds and the 
estimated cost of the project, including form 1391.
    (d) Definitions.--For purposes of this section, the terms 
``appropriate committees of Congress'', ``military construction'', and 
``military installation'' have the meanings given such terms in section 
2801 of title 10, United States Code, except that, with respect to 
military construction in a foreign country, the term ``military 
installation'' includes not only buildings, structures, and other 
improvements to real property under the operational control of the 
Secretary of a military department or the Secretary of Defense, but 
also any building, structure, or other improvement to real property to 
be used by the Armed Forces, regardless of whether such use is 
anticipated to be temporary or of longer duration; and further 
excepting that ``appropriate committees of Congress'' shall include the 
Subcommittees on Military Construction of the Committees on 
Appropriations of the Senate and House of Representatives.

                    TITLE II--INTERNATIONAL AFFAIRS

                               CHAPTER 1

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                         (including rescission)

    Of the funds provided under this heading in Public Law 108-11 (117 
Stat. 561), $35,800,000 are rescinded.
    For an additional amount for ``Diplomatic and Consular Programs'', 
$35,800,000, to remain available until September 30, 2005.

           emergencies in the diplomatic and consular service

    For an additional amount for ``Emergencies in the Diplomatic and 
Consular Service'', $90,500,000, to remain available until expended: 
Provided, That of the funds made available under this heading, 
$50,000,000 shall only be available for rewards: Provided further, That 
of the funds made available under this heading, $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: Provided further, That of the funds made available 
under this heading, $8,500,000 is for costs associated with the 2003 
Free Trade Area of the Americas Ministerial meeting: Provided further, 
That of the funds previously appropriated under this heading, 
$2,000,000 is for rewards for an indictee of the Special Court for 
Sierra Leone: Provided further, That of prior year unobligated balances 
available under this heading, $8,451,000 shall be transferred to and 
merged with the appropriation for ``Diplomatic and Consular Programs'' 
and shall be available only for the Border Security Program: Provided 
further, That the entire amount shall be available only to the extent 
that an official budget request for $90,500,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in House Concurrent Resolution 95, the 
concurrent resolution on the budget for fiscal year 2004, is 
transmitted by the President to the Congress.

                               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'', $40,000,000, to remain 
available until September 30, 2005.

                        capital investment fund

    For an additional amount for ``Capital Investment Fund'', 
$60,500,000, to remain available until expended: Provided, That the 
entire amount shall be available only to the extent that an official 
budget request for $60,500,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined in House 
Concurrent Resolution 98 (108th Congress), the concurrent resolution on 
the budget for fiscal year 2004, is transmitted by the President to the 
Congress.

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                  Iraq Relief and Reconstruction Fund

                     (including transfers of funds)

    For necessary expenses for security, rehabilitation and 
reconstruction in Iraq, $20,304,000,000, to remain available until 
expended, to be allocated as follows: $5,136,000,000 for security, 
including public safety requirements, national security, and justice; 
$5,675,000,000 for the electric sector; $2,100,000,000 for oil 
infrastructure; $3,710,000,000 for public works; $875,000,000 for water 
resources; $835,000,000 for transportation and telecommunications; 
$470,000,000 for housing and construction; $850,000,000 for health; 
$353,000,000 for private sector development; and $300,000,000 for 
refugees, human rights, democracy and civil society: Provided, That of 
the funds made available pursuant to the previous proviso, not less 
than $100,000,000 shall be made available for democracy building 
activities in Iraq: Provided further, That the Administrator of the 
United States Agency for International Development (USAID) shall seek 
to ensure that programs, projects, and activities administered by USAID 
in Iraq and Afghanistan comply fully with USAID's ``Policy Paper: 
Disability'' issued on September 12, 1997: Provided further, That the 
Administrator shall submit a report to the Committees on Appropriations 
not later than December 31, 2004, describing the manner in which the 
needs of people with disabilities were met in the development and 
implementation of USAID programs, projects, and activities in Iraq and 
Afghanistan in fiscal year 2004: Provided further, That the 
Administrator, not later than 180 days after enactment of this Act and 
in consultation, as appropriate, with other appropriate departments and 
agencies, the Architectural and Transportation Barriers Compliance 
Board, and nongovernmental organizations with expertise in the needs of 
people with disabilities, shall develop and implement appropriate 
standards for access for people with disabilities for construction 
projects funded by USAID: 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 not later than 90 days after 
enactment of this Act the Secretary of State, in consultation with the 
Secretary of Defense, shall submit a report to the Committees on 
Appropriations describing the progress made toward indicting and trying 
leaders of the former Iraqi regime for war crimes, genocide, or crimes 
against humanity: Provided further, That notwithstanding any provision 
of this chapter, none of the funds appropriated under this heading may 
be made available to enter into any contract or follow-on contract that 
uses other than full and open competitive contracting procedures as 
defined in 41 U.S.C. 403(6): Provided further, That the President may 
waive the requirements of the previous proviso if he determines that it 
is necessary to do so as a result of unforeseen or emergency 
circumstances: Provided further, That the President may reallocate 
funds provided under this heading: Provided further, That these funds 
may be transferred to any Federal account for any Federal Government 
activity to accomplish the purposes provided herein: 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 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 funds appropriated under this heading or 
transferred or reallocated under provisions of this chapter or section 
632 of the Foreign Assistance Act of 1961 that are made available for 
assistance for Iraq shall be subject to notifications of the Committees 
on Appropriations, except that the notifications shall be transmitted 
at least 5 days in advance of the obligation of funds: 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 for all 
individuals, including a prohibition on laws that would criminalize 
blasphemy and apostasy: Provided further, That not later than 90 days 
after enactment of this Act and every 90 days thereafter until the 
ratification of a new Iraqi constitution, the President shall report to 
the appropriate Committees of the Congress, on efforts by the Coalition 
Provisional Authority and relevant Iraqi officials to ensure that the 
Iraqi constitution preserves religious freedom.

                         Economic Support Fund

    For an additional amount for ``Economic Support Fund'', 
$422,000,000, to remain available until September 30, 2005, for 
accelerated assistance for Afghanistan: Provided, That these funds are 
available notwithstanding section 660 of the Foreign Assistance Act of 
1961, and section 620(q) of that Act or any comparable provision of 
law: Provided further, That these funds may be used for activities 
related to disarmament, demobilization, and reintegration of militia 
combatants, including registration of such combatants, notwithstanding 
section 531(e) of the Foreign Assistance Act of 1961: Provided further, 
That not to exceed $200,000,000 appropriated under this heading in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2004, 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.

        United States Emergency Fund for Complex Foreign Crises

    For necessary expenses to enable the President to respond to or 
prevent unforeseen complex foreign crises, $100,000,000, to remain 
available until expended: Provided, That funds appropriated under this 
heading may be made available only pursuant to a determination, after 
consultation with the Committees on Appropriations, by the President 
that it is in the national interest to furnish assistance on such terms 
and conditions as he may determine for such purposes, including support 
for peace and humanitarian intervention operations: Provided further, 
That none of these funds shall be available to respond to natural 
disasters: Provided further, That from these funds the President may 
make allocations to Federal agencies to carry out the authorities 
provided under this heading: Provided further, That funds appropriated 
under this heading shall be subject to the same conditions as those 
contained under the same heading in chapter 5 of title I of S. 762, as 
reported by the Committee on Appropriations on April 1, 2003: Provided 
further, That the President may furnish assistance under this heading 
notwithstanding any other provision of law: Provided further, That the 
provisions of section 553 of Division E of Public Law 108-7, or any 
comparable provision of law enacted subsequent to the enactment of that 
Act, shall be applicable to funds appropriated under this heading: 
Provided further, That funds appropriated under this heading shall be 
subject to the regular notification procedures of the Committees on 
Appropriations, except that notifications shall be transmitted at least 
5 days in advance of the obligations of funds: Provided further, That 
the requirements of the previous proviso may be waived if failure to do 
so would pose a substantial risk to human health and welfare: Provided 
further, That in case of any such waiver, notification to the 
Committees on Appropriations shall be provided as early as practicable, 
but in no event later than 3 days after taking the action to which such 
notification requirement was applicable, in the context of such 
circumstances necessitating such waiver: Provided further, That any 
notification provided pursuant to such waiver shall contain an 
explanation of the emergency circumstances.

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $120,000,000, to remain available until September 
30, 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'', $222,000,000, for accelerated assistance for Afghanistan.

                        Peacekeeping Operations

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

                               CHAPTER 3

                     GENERAL PROVISIONS, THIS TITLE

    Sec. 2301. 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 $200,000,000: Provided 
further, That the Secretary of State shall consult with the Committees 
on Appropriations prior to exercising the authority contained in this 
section: Provided further, That funds made available pursuant to the 
authority of this section shall be subject to the regular notification 
procedures of the Committees on Appropriations, except that 
notification shall be transmitted at least 5 days in advance of the 
obligation of funds.
    Sec. 2302. Assistance or other financing under chapter 2 of this 
title may be provided for Iraq, notwithstanding any other provision of 
law: Provided, That funds made available for Iraq pursuant to this 
authority shall be subject to the regular reprogramming notification 
procedures of the Committees on Appropriations and section 634A of the 
Foreign Assistance Act of 1961, except that notification shall be 
transmitted at least 5 days in advance of obligation: Provided further, 
That the notification requirements of this section may be waived if 
failure to do so would pose a substantial risk to human health or 
welfare: Provided further, That in case of any such waiver, 
notification to the appropriate congressional committees shall be 
provided as early as practicable, but in no event later than 3 days 
after taking the action to which such notification requirement was 
applicable, in the context of circumstances necessitating such waiver: 
Provided further, That any notification provided pursuant to such a 
waiver shall contain an explanation of the emergency circumstances.
    Sec. 2303. 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. 2304. Section 1503 of Public Law 108-11 is amended by, in the 
last proviso, striking ``2004'' and inserting in lieu thereof ``2005''.
    Sec. 2305. Section 1504 of Public Law 108-11 is amended by--
            (1) in the first proviso, striking ``Iraqi military or 
        police force'' and inserting in lieu thereof ``Iraqi military, 
        private security force, other official security forces, police 
        force, or forces from other countries in Iraq supporting United 
        States efforts in Iraq''; and
            (2) in the last proviso, striking ``2004'' and inserting in 
        lieu thereof ``2005''.
    Sec. 2306. Public Law 107-57 is amended--
            (1) in section 1(b), by striking ``2003'' wherever 
        appearing (including in the caption), and inserting in lieu 
        thereof ``2004'';
            (2) in section 3(2), by striking ``Foreign Operations, 
        Export Financing, and Related Programs Appropriations Act, 
        2002, as is'' and inserting in lieu thereof ``annual foreign 
        operations, export financing, and related programs 
        appropriations Acts for fiscal years 2002, 2003, and 2004, as 
        are''; and
            (3) in section 6, by striking ``2003'' and inserting in 
        lieu thereof ``2004''.
    Sec. 2307. 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.
    Sec. 2308. Funds appropriated by chapter 2 of this title under the 
headings ``Economic Support Fund'', ``International Narcotics Control 
and Law Enforcement'', Peacekeeping Operations'', and `` Foreign 
Military Financing Program'' shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    Sec. 2309. (a) The Coalition Provisional Authority (CPA) shall, on 
a monthly basis, 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.
    (b) The first report required by subsection (a) shall be submitted 
not later than 30 days after enactment of this Act.
    (c) The reports required by this section shall also be made 
publicly available, including through the CPA's Internet website.
    Sec. 2310. None of the funds made available by this Act or any 
unexpended funds provided in Public Law 108-11 may be made available to 
pay any costs associated with debts incurred by the former government 
of Saddam Hussein.
    Sec. 2311. Title III of Public Law 107-327 is amended as follows by 
inserting the following new section:

``SEC. 304. REPORTS.

    ``The Secretary of State shall submit reports to the Committees on 
Foreign Relations and Appropriations of the Senate, and the Committees 
on International Relations and Appropriations of the House of 
Representatives on progress made in accomplishing the `Purposes of 
Assistance' set forth in section 102 of this Act utilizing assistance 
provided by the United States for Afghanistan. The first report shall 
be submitted no later than December 31, 2003, and subsequent reports 
shall be submitted in conjunction with reports required under section 
303 of this title and thereafter through December 31, 2004.''.
    Sec. 2312. (a) New Offense.--
            (1) In general.--Chapter 47 of title 18, 5 United States 
        Code, is amended by adding at the end the following:

``SEC. 1037. WAR PROFITEERING AND FRAUD RELATING TO MILITARY ACTION, 
              RELIEF, AND RECONSTRUCTION EFFORTS IN IRAQ.

    ``(a) Whoever, in any matter involving a contract or the provision 
of goods or services, directly or indirectly, in connection with the 
war, military action, or relief or reconstruction activities in Iraq, 
knowingly and willfully--
            ``(1) executes or attempts to execute a scheme or artifice 
        to defraud the United States or Iraq;
            ``(2) falsifies, conceals, or covers up by any trick, 
        scheme or device a material fact;
            ``(3) makes any materially false, fictitious, or fraudulent 
        statements or representations, or makes or uses any materially 
        false writing or document knowing the same to contain any 
        materially false, fictitious, or fraudulent statement or entry; 
        or
            ``(4) materially overvalues any good or service with the 
        specific intent to excessively profit from the war, military 
        action, or relief or reconstruction activities in Iraq;
``shall be fined not more than $1,000,000 or imprisoned not more than 
20 years, or both. In lieu of a fine otherwise authorized by this 
section, a defendant who derives profits or other proceeds from an 
offense under this section may be fined not more than twice the gross 
profits or other proceeds.
    ``(b) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.
    ``(c) Venue.--A prosecution for an offense under this section may 
be brought--
            ``(1) as authorized by Chapter 211 of Title 18;
            ``(2) in any district where any act in furtherance of the 
        offense took place; or
            ``(3) in any district where any party to the contract or 
        provider of goods or services is located.''.
            (2) Chapter analysis.--The chapter analysis for chapter 47 
        of title 18, United States Code, is amended by inserting at the 
        end the following:

``1037. War profiteering and fraud relating to military action, relief, 
                            and reconstruction efforts in Iraq.''
    (b) Forfeiture.--Section 981(a)(1)(C) of title 18, United States 
Code, is amended by inserting after ``1032,'' the following: ``1037,''.
    (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting before ``, section 1111'' the 
following: ``, section 1037 War Profiteering and Fraud Relating to 
Military Action, Relief, and Reconstruction Efforts in Iraq)''.
            (3) Expiration of authorities.--The authorities contained 
        in this amendment shall expire upon the date that major combat 
        operations in Iraq cease and desist, the Coalition Provisional 
        Authority transfers responsibility for governing Iraq to an 
        indigenous Iraqi government, and a U.S. mission to Iraq, under 
        the direction and guidance of the Secretary of State, is 
        responsible for U.S. assistance efforts in Iraq.

                 TITLE III--GENERAL PROVISION, THIS ACT

    Sec. 3001. 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).
    This Act may be cited as the ``Emergency Supplemental 
Appropriations for Iraq and Afghanistan Security and Reconstruction 
Act, 2004''.

                                                       Calendar No. 296

108th CONGRESS

  1st Session

                                S. 1689

_______________________________________________________________________

                                 A BILL

 Making emergency supplemental appropriations for Iraq and Afghanistan 
 security and reconstruction for the fiscal year ending September 30, 
                     2004, and for other purposes.

_______________________________________________________________________

           September 30 (legislative day, September 29), 2003

                 Read twice and placed on the calendar
```