pursuant to paragraph (2) of section 303(c) of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253(c)(2)), the following informa-
tion:
(A) The amount of the contract.
(B) A brief description of the scope of the
contract.
(C) A discussion of how the executive
agency identified, and solicited offers from, po-
tential contractors to perform the contract, to-
gether with a list of the potential contractors
that were issued solicitations for the offers.
(D) The justification and approval docu-
ments (as required under section 303(f)(1) of
the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253(f)(1)) on
which was based the determination to use pro-
cedures other than competitive procedures.
(2) FUNDS.—The funds referred to in para-
graph (1) are—
(A) any funds available to carry out sec-
tions 103 through 106 and chapter 4 of part II
of the Foreign Assistance Act of 1961 (22
U.S.C. 2151b–2151d; 2346 et seq.); and
(B) any funds appropriated by Public Law
108–11 under the heading ‘‘Iraq Relief and Re-
construction Fund’’ (in chapter 5 of title I; 117
Stat. 573).
(3) APPLICABILITY.—Paragraph (1) shall not
apply to contracts entered into before the date of the
enactment of this Act or after September 30, 2010.
(b) CLASSIFIED INFORMATION.—
(1) AUTHORITY TO WITHHOLD.—The head of
an executive agency may—
(A) withhold from publication and disclo-
sure under subsection (a) any document that is
classified for restricted access in accordance
with a Executive order in the interest of na-
tional 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 sub-
section (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 Af-
fairs of the Senate and the Committee on Gov-
ernment Reform of the House of Representa-
tives.
(B) The Committees on Appropriations of
the Senate and House of Representatives.
(C) Each committee that the head of the
executive agency determines has legislative ju-
risdiction 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 obli-
gations to disclose United States Government information
under any other provision of law.
(d) DEFINITIONS.—In this section, the terms ‘‘com-
petitive procedures’’ and ‘‘executive agency’’ have the
meanings given such terms in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
SEC. 2204. Section 1503 of Public Law 108–11 is
amended—
(1) by striking ‘‘equipment’’ and inserting in
lieu thereof ‘‘equipment, including equipment’’; and
(2) by striking ‘‘2004’’ and inserting in lieu
thereof ‘‘2005’’.
SEC. 2205. Section 1504 of Public Law 108–11 is
amended by striking ‘‘controlled’’ and inserting ‘‘or small
arms controlled’’.
SEC. 2206. Section 202(b) of the Afghanistan Free-
dom Support Act of 2002 (Public Law 107–327) is
amended by striking ‘‘$300,000,000’’ and inserting in lieu
thereof ‘‘$450,000,000’’.
SEC. 2207. (a) Until January 2005, the Coalition
Provisional Authority (CPA) shall, on a monthly basis,
submit a report to the Committees on Appropriations and
International Relations of the House of Representatives
and the Committees on Appropriations and Foreign Rela-
tions of the Senate that details, for the preceding month,
Iraqi oil production and oil revenues, and uses of such rev-
enues.
(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. 2208. Any reference in this chapter to the ‘‘Coa-
lition Provisional Authority in Iraq’’ 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 chap-
ter 2 of this title may be provided for Iraq and Afghani-
stan notwithstanding any other provision of law not con-
tained in this Act that restricts assistance to foreign coun-
tries and section 660 of the Foreign Assistance Act of
1961: Provided, That funds made available for Iraq pursu-
ant to this section shall be subject to the regular re-
programming notification procedures of the Committees
on Appropriations and section 634A of the Foreign Assist-
ance Act of 1961, except that notification shall be trans-
mitted 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 Depart-
ment Basic Authorities Act of 1956, as amended.
SEC. 2211. Notwithstanding any other provision of
law, the Overseas Private Investment Corporation is au-
thorized to undertake any program authorized by title IV
of the Foreign Assistance Act of 1961 in Iraq: Provided,
That funds made available pursuant to the authority of
this section shall be subject to the regular reprogramming
notification procedures of the Committees on Appropria-
tions.
REPORT ON MILITARY OPERATIONS AND
RECONSTRUCTION EFFORTS IN IRAQ AND AFGHANISTAN
SEC. 2212. (a) REPORT.—The President shall pre-
pare and transmit to Congress on a quarterly basis a re-
port on United States military operations and reconstruc-
tion efforts in Iraq and Afghanistan.
(b) CONTENTS.—The report shall, at a minimum,
contain the following information:
(1) A full accounting of amounts appropriated
under this Act or any other Act that were expended
during the preceding quarter for military operations
and reconstruction efforts in Iraq and Afghanistan.
(2) A description of progress made in recon-
struction efforts in Iraq and Afghanistan, particu-
larly efforts relating to public safety, defense and
law enforcement, energy infrastructure, water,
sewer, roads, and other public works, transportation
and telecommunications infrastructure, medical and
hospital services, and private sector development.
(3) A description of progress made to reduce
attacks against members of the United States
Armed Forces in Iraq and Afghanistan.
(4) An analysis of the impact that military op-
erations in Iraq and Afghanistan have had on overall
readiness of the Armed Forces.
(5) An analysis of the impact that the extended
deployment of members of the Armed Forces in con-
nection with Operation Iraqi Freedom and Operation
Enduring Freedom is having on recruiting and re-
tention efforts in the active and reserve components.
(6) An estimate of the cost of repairing or re-
placing the combat vehicles, aircraft, and other
equipment damaged or destroyed by combat, by pro-
longed use in Iraq and Afghanistan, or by exposure
to the extreme climatic and terrain conditions in
Iraq and Afghanistan.
(7) A description of progress made toward the
establishment of an independent, sovereign, and
democratic government for Iraq, including an esti-
mated schedule for the drafting of a constitution
and the holding of free and fair elections.
(8) A description of the extent of international
participation in the stabilization and reconstruction
of Iraq, including the amount and schedule for the
provision of financial assistance by other countries
and international organizations.
(9) The number of members of the Armed
Forces (including national guard and reserve troops)
deployed in connection with Operation Iraqi Free-
dom and Operation Enduring Freedom, an estimate
of the period of time for which such forces will be
deployed, and a description of progress made in re-
placing such forces with international or foreign
peacekeeping units.
SEC. 2213. (a) REVIEW OF CONTRACTING PROCE-
DURES.—The Comptroller General shall review each cov-
ered contract and task or delivery order entered into dur-
ing a review period to determine whether the procedures
used to enter into the contracts and orders were in compli-
ance with the requirements of this Act and other applica-
ble laws and regulations.
(b) REPORT.—At the end of each review period, the
Comptroller General shall submit to Congress a report on
the results of the review.
(c) REVIEW PERIOD.—A review under subsection (a)
shall be carried each quarter of a fiscal year, beginning
with the first quarter beginning after the date of the en-
actment of this Act.
(d) COVERED CONTRACTS AND ORDERS.—This sec-
tion applies to any contract or task or delivery order en-
tered into using funds appropriated by this Act for foreign
assistance if—
(1) in the case of a contract, the contract is in
an amount in excess of the simplified acquisition
threshold (as defined in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403),
and
(2) in the case of a task or delivery order, the
order is in an amount in excess of $1,000,000.
TITLE III—GENERAL PROVISIONS—THIS ACT
SEC. 3001. 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. 3002. None of the funds made available in this
or any other Act for fiscal year 2004 may be used for
any defense or reconstruction activities in Iraq or Afghani-
stan coordinated by any officer of the United States Gov-
ernment whose office is not subject to appointment by the
President by and with the advice and consent of the Sen-
ate.
SEC. 3003. For purposes of computing the amount
of a payment for an eligible local educational agency under
section 8003(a) of the Elementary and Secondary Edu-
cation Act (20 U.S.C. 7703(a)), children enrolled in a
school of such agency that would otherwise be eligible for
payment under section 8003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or
due to the death of a military parent or legal guardian
while on active duty, are no longer eligible under such sec-
tion, shall be considered as eligible students under such
section, provided such students remain in average daily
attendance at the same school that they attended prior
to their change in eligibility status.
SEC. 3004. None of the funds made available by this
Act may be provided to any unit of the security forces
of a foreign country participating with coalition forces in
Afghanistan or Iraq if the Secretary of State or the Sec-
retary Defense has credible evidence that such unit has
committed gross violations of human rights, unless the ap-
propriate Secretary determines and reports to the Com-
mittees on Appropriations that the government of such
country is taking effective measures to bring the respon-
sible members of the security forces unit to justice: Pro-
vided, That nothing in this section shall be construed to
withhold funds made available by this Act from any unit
of the security forces of a foreign country not credibly al-
leged to be involved in gross violations of human rights:
Provided further, That in the event that funds are withheld
from any unit pursuant to this section, the appropriate
Secretary shall promptly inform the foreign government
of the basis for such action and shall, to the maximum
extent practicable, assist the foreign government in taking
effective measures to bring the responsible members of the
security forces to justice.
SEC. 3005. None of the funds made available in this
Act may be used for the participation of Iraq in the Orga-
nization of Petroleum Exporting Countries (OPEC).
SEC. 3006. None of the funds made available in this
Act may be used to fund any contract in contravention
of section 8(d)(6) of the Small Business Act (15 U.S.C.
637(d)(6)).
SEC. 3007. None of the amounts made available and
allocated for oil infrastructure under the heading ‘‘IRAQ
RELIEF AND RECONSTRUCTION FUND’’ may be used to
enter into any contract using procedures other than com-
petitive procedures.
This Act may be cited as the ‘‘Emergency Supple-
mental Appropriations Act for Defense and for the Recon-
struction of Iraq and Afghanistan, 2004’’.
Passed the House of Representatives October 17,
2003.
Attest:
Clerk.
108TH CONGRESS
1ST SESSION
H. R. 3289
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.