H. R. 3289
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
Making emergency supplemental appropriations for defense and for the reconstruc-
tion of Iraq and Afghanistan for the fiscal year ending September 30, 2004,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September
30, 2004, and for other purposes, namely:
TITLE I—NATIONAL SECURITY
CHAPTER 1
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$12,858,870,000.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$816,100,000.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $753,190,000.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$3,384,700,000.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $23,997,064,000.
H. R. 3289—2
OPERATION AND MAINTENANCE, NAVY
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $1,956,258,000, of which up to $80,000,000 may be trans-
ferred to the Department of Homeland Security for Coast Guard
Operations.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $1,198,981,000.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $5,416,368,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $4,355,452,000, of which—
(1) not to exceed $15,000,000 may be used for the CINC
Initiative Fund account, to be used primarily in Iraq and
Afghanistan;
(2) $32,000,000 is only for the Family Advocacy Program;
and
(3) not to exceed $1,150,000,000, to remain available until
expended, may be used, notwithstanding any other provision
of law, for payments to reimburse Pakistan, Jordan, and other
key cooperating nations, for logistical and military support
provided, or to be provided, to United States military operations
in connection with military action in Iraq and the global war
on terrorism: Provided, That such payments may be made
in such amounts as the Secretary of Defense, with the concur-
rence of the Secretary of State, and in consultation with the
Director of the Office of Management and Budget, may deter-
mine, 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 conclu-
sive 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 Appropria-
tions on the use of these funds.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $16,000,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $53,000,000.
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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $214,000,000.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For an additional amount for ‘‘Overseas Humanitarian, Dis-
aster, and Civic Aid’’, $35,500,000.
IRAQ FREEDOM FUND
(INCLUDING TRANSFER OF FUNDS)
For ‘‘Iraq Freedom Fund’’, $1,988,600,000, to remain available
for transfer until September 30, 2005, for the purposes authorized
under this heading in Public Law 108–11: Provided, That the Sec-
retary of Defense may transfer the funds provided herein to appro-
priations for military personnel; operation and maintenance; Over-
seas Humanitarian, Disaster, and Civic Aid; procurement; military
construction; the Defense Health Program; and working capital
funds: Provided further, That funds transferred shall be merged
with and be available for the same purposes and for the same
time period as the appropriation or fund to which transferred:
Provided further, That this transfer authority is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the Secretary
of Defense shall, not fewer than 5 days prior to making transfers
from this appropriation, notify the congressional defense committees
in writing of the details of any such transfer: Provided further,
That the Secretary shall submit a report no later than 30 days
after the end of each fiscal quarter to the congressional defense
committees summarizing the details of the transfer of funds from
this appropriation: Provided further, That not less than $62,100,000
shall be transferred to ‘‘Other Procurement, Army’’ for the procure-
ment 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.
H. R. 3289—4
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 Sep-
tember 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.
H. R. 3289—5
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$600,000,000.
NATIONAL DEFENSE SEALIFT FUND
For an additional amount for ‘‘National Defense Sealift Fund’’,
$24,000,000, to remain available until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$658,380,000 for Operation and maintenance.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Drug Interdiction and 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; oper-
ation 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 para-
graph is in addition to any other transfer authority available to
the Department of Defense.
RELATED AGENCIES
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Intelligence Community Manage-
ment Account’’, $21,500,000, to remain available until September
30, 2005; of which $3,000,000 may be transferred to and merged
with the Department of Energy, ‘‘Other Defense Activities’’, and
$15,500,000 may be transferred to and merged with the Federal
Bureau of Investigation, ‘‘Salaries and Expenses’’.
GENERAL PROVISIONS, THIS CHAPTER
(TRANSFER OF FUNDS)
SEC. 1101. Upon his determination that such action is necessary
in the national interest, the Secretary of Defense may transfer
between appropriations up to $3,000,000,000 of the funds made
available to the Department of Defense in this chapter: Provided,
That the Secretary shall notify the Congress promptly of each
transfer made pursuant to this authority: Provided further, That
H. R. 3289—6
the transfer authority provided in this section is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That the authority in this section is subject to
the same terms and conditions as the authority provided in section
8005 of the Department of Defense Appropriations Act, 2004, except
for the fourth proviso.
SEC. 1102. Funds appropriated in this Act, or made available
by the transfer of funds in or pursuant to this Act, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414).
SEC. 1103. Sections 1318 and 1319 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108–11; 117
Stat. 571), shall remain in effect during fiscal year 2004.
SEC. 1104. From October 1, 2003, through September 30, 2004,
(a) the rates of pay authorized by section 310(a) of title 37, United
States Code, shall be $225; and (b) the rates of pay authorized
by section 427(a)(1) of title 37, United States Code, shall be $250.
SEC. 1105. DEFENSE EMERGENCY RESPONSE FUND CLOSE-OUT
AUTHORITY.—(a) Section 1313 of the Emergency Wartime Supple-
mental Appropriations Act, 2003 (Public Law 108–11; 117 Stat.
569), is amended by inserting ‘‘unobligated’’ before ‘‘balances’’.
(b) Effective November 1, 2003, adjustments to obligations that
before such date would have been properly chargeable to the
Defense Emergency Response Fund shall be charged to any current
appropriations account of the Department of Defense available for
the same purpose.
SEC. 1106. During the current fiscal year, funds available to
the Department of Defense for operation and maintenance may
be used, notwithstanding any other provision of law, to provide
supplies, services, transportation, including airlift and sealift, and
other logistical support to coalition forces supporting military and
stability operations in Iraq: Provided, That the Secretary of Defense
shall provide quarterly reports to the congressional defense commit-
tees 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 assist-
ance under this section is in addition to any other authority to
provide assistance to foreign nations: Provided further, That the
Secretary of Defense shall notify the congressional defense commit-
tees 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 evalua-
tion new start program without prior notification to the congres-
sional defense committees.
H. R. 3289—7
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, notwith-
standing 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 respon-
sibility by carrying out programs that will immediately assist the
Iraqi people, and to establish and fund a similar program to assist
the people of Afghanistan: Provided, That the Secretary of Defense
shall provide quarterly reports, beginning on January 15, 2004,
to the congressional defense committees regarding the source of
funds and the allocation and use of funds made available pursuant
to the authority provided in this section.
SEC. 1111. Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report describing an Analysis
of Alternatives for replacing the capabilities of the existing Air
Force fleet of KC–135 tanker aircraft.
ENHANCEMENTS
TO
EXEMPTION
FOR
MEMBERS
WITH
COMBAT-RE-
LATED INJURIES FROM REQUIREMENT FOR PAYMENT OF SUBSIST-
ENCE CHARGES WHILE HOSPITALIZED
SEC. 1112. (a) EXEMPTION MADE PERMANENT.—Subsection (c)
of section 1075 of title 10, United States Code (as added by section
8146(a)(2) of the Department of Defense Appropriations Act, 2004
(Public Law 108–87)), is repealed.
(b) RETROACTIVITY.—Subsection (b) of section 8146 of the
Department of Defense Appropriations Act, 2004 (Public Law 108–
87), is amended to read as follows:
‘‘(b) EFFECTIVE DATE.—(1) Subsection (b)(2) of section 1075
of title 10, United States Code, as added by subsection (a), shall
apply with respect to any period of hospitalization on or after
September 11, 2001, because of an injury covered by that subsection
that is incurred on or after that date.
‘‘(2) The Secretary concerned (as defined in section 101 of
title 37, United States Code) shall take such action as necessary
to implement paragraph (1), including—
‘‘(A) refunding any amount previously paid under section
1075 of title 10, United States Code, by a person who, by
reason of paragraph (1), is not required to make such payment;
and
‘‘(B) waiving recovery of any unpaid amount for which
a person has previously been charged under that section and
which that person, by reason of paragraph (1), is not required
to pay.’’.
H. R. 3289—8
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 mem-
bers of the Ready Reserve that the members are to be called
or ordered to active duty, the administering Secretaries may provide
to each such member any medical and dental screening and care
that is necessary to ensure that the member meets the applicable
medical and dental standards for deployment.
‘‘(2) The Secretary concerned shall promptly transmit to each
member of the Ready Reserve eligible for screening and care under
this subsection a notification of eligibility for such screening and
care.
‘‘(3) A member provided medical or dental screening or care
under paragraph (1) may not be charged for the screening or care.
‘‘(4) Screening and care may not be provided under this section
after September 30, 2004.’’.
SEC. 1115. (a) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1076a the following new
section:
‘‘§ 1076b. TRICARE program: coverage for members of the
Ready Reserve
‘‘(a) ELIGIBILITY.—Each member of the Selected Reserve of the
Ready Reserve and each member of the Individual Ready Reserve
described in section 10144(b) of this title is eligible, subject to
subsection (h), to enroll in TRICARE and receive benefits under
such enrollment for any period that the member—
‘‘(1) is an eligible unemployment compensation recipient;
or
‘‘(2) is not eligible for health care benefits under an
employer-sponsored health benefits plan.
‘‘(b) TYPES OF COVERAGE.—(1) A member eligible under sub-
section (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 sub-
section (a) may enroll in the TRICARE program or change or
terminate an enrollment in the TRICARE program.
‘‘(d) SCOPE OF CARE.—(1) A member and the dependents of
a member enrolled in the TRICARE program under this section
shall be entitled to the same benefits under this chapter as a
member of the uniformed services on active duty or a dependent
of such a member, respectively.
‘‘(2) Section 1074(c) of this title shall apply with respect to
a member enrolled in the TRICARE program under this section.
‘‘(e) PREMIUMS.—(1) The Secretary of Defense shall charge pre-
miums for coverage pursuant to enrollments under this section.
H. R. 3289—9
The Secretary shall prescribe for each of the TRICARE program
options a premium for self alone coverage and a premium for
self and family coverage.
‘‘(2) The monthly amount of the premium in effect for a month
for a type of coverage under this section shall be the amount
equal to 28 percent of the total amount determined by the Secretary
on an appropriate actuarial basis as being reasonable for the cov-
erage.
‘‘(3) The premiums payable by a member under this subsection
may be deducted and withheld from basic pay payable to the
member under section 204 of title 37 or from compensation payable
to the member under section 206 of such title. The Secretary shall
prescribe the requirements and procedures applicable to the pay-
ment 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 pursu-
ant 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 nonpre-
mium 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 transi-
tional 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 BENE-
FITS 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
H. R. 3289—10
covered for health care benefits under any other health benefits
plan.
‘‘(j) 
ELIGIBLE
UNEMPLOYMENT
COMPENSATION
RECIPIENT
DEFINED.—In this section, the term ‘eligible unemployment com-
pensation recipient’ means, with respect to any month, any indi-
vidual 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) This section shall cease to be effective on September 30,
2004.’’.
SEC. 1117. (a) Subject to subsection (b), during the period
beginning on the date of the enactment of this Act and ending
on September 30, 2004, section 1145(a) of title 10, United States
Code, shall be administered by substituting for paragraph (3) the
following:
‘‘(3) Transitional health care for a member under subsection
(a) shall be available for 180 days beginning on the date on which
the member is separated from active duty.’’.
(b)(1) Subsection (a) shall apply with respect to separations
from active duty that take effect on or after the date of the enact-
ment of this Act.
(2) Beginning on October 1, 2004, the period for which a
member is provided transitional health care benefits under section
1145(a) of title 10, United States Code, shall be adjusted as nec-
essary to comply with the limits provided under paragraph (3)
of such section.
SEC. 1118. (a) At the time members of reserve components
of the Armed Forces are called or ordered to active duty under
Section 12302(a) of title 10, United States Code, each member
H. R. 3289—11
shall be notified in writing of the expected period during which
the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that
it is necessary to do so to respond to a national security emergency
or to meet dire operational requirements of the Armed Forces.
SEC. 1119. The authority to utilize funds appropriated for fiscal
year 2003 for purposes provided by the first clause of section 1314(1)
of Public Law 108–11, shall apply to the utilization of available
funds appropriated for fiscal year 2004 for such purposes.
SEC. 1120. (a) Not later than April 30 and October 31 of
each year, the Secretary of Defense shall submit to Congress a
report on the military operations of the Armed Forces and the
reconstruction activities of the Department of Defense in Iraq and
Afghanistan.
(b) Each report shall include the following information:
(1) For each of Iraq and Afghanistan for the half-fiscal
year ending during the month preceding the due date of the
report, the amount expended for military operations of the
Armed Forces and the amount expended for reconstruction
activities, together with the cumulative total amounts expended
for such operations and activities.
(2) An assessment of the progress made toward preventing
attacks on United States personnel.
(3) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the readiness of the
Armed Forces.
(4) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the recruitment and reten-
tion of personnel for the Armed Forces.
(5) For the half-fiscal year ending during the month pre-
ceding 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 activi-
ties, 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.
H. R. 3289—12
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’’: Pro-
vided, That these funds are available only for the purpose of
securing and destroying conventional munitions in Iraq, such as
bombs, bomb materials, small arms, rocket propelled grenades,
and shoulder-launched missiles.
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
OPERATING EXPENSES
For 
an 
additional 
amount 
for 
‘‘Operating 
Expenses’’,
$23,183,000, for costs related to Hurricane Isabel damage.
EMERGENCY PREPAREDNESS AND RESPONSE
DISASTER RELIEF
For an additional amount for ‘‘Disaster Relief’’, $500,000,000,
to remain available until expended.
GENERAL PROVISION, THIS CHAPTER
SEC. 1201. Effective upon the enactment of the Project Bio-
Shield Act of 2003, the Department of Homeland Security Appro-
priations Act, 2004 (Public Law 108–90) is amended under the
heading ‘‘Biodefense Countermeasures’’ by striking ‘‘securing med-
ical 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: Pro-
vided, 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: Pro-
vided, 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.
H. R. 3289—13
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’,
$292,550,000, to remain available until September 30, 2008: Pro-
vided, 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 out-
side 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 installa-
tion 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 satis-
fied.
(4) The level of construction is the minimum necessary
to meet the temporary operational requirements.
(b) LIMITATION ON USE OF AUTHORITY.—The total cost of the
construction projects carried out under the authority of this section
using, in whole or in part, appropriated funds available for operation
and maintenance shall not exceed $150,000,000 in fiscal year 2004.
(c) NOTIFICATIONS OF OBLIGATIONS OF FUNDS.—Within fifteen
days after the date on which appropriated funds available for oper-
ation and maintenance are first obligated for a construction project
under subsection (a), the Secretary of Defense shall submit to
the Congressional defense committees notice of the obligation of
funds and the construction project. The notice shall include the
following:
(1) Certification that the conditions specified in subsection
(a) are satisfied with regard to the construction project.
H. R. 3289—14
(2) A description of the purpose for which appropriated
funds available for operation and maintenance are being obli-
gated.
(3) Relevant documentation detailing the construction
project.
(4) The total amount obligated for the construction.
(d) QUARTERLY REPORT.—(1) Not later than 30 days after the
end of each fiscal-year quarter of fiscal year 2004, the Secretary
of Defense shall submit to the congressional committees specified
in subsection (f) a report on the worldwide obligation and expendi-
ture during that quarter of appropriated funds available for oper-
ation 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 obli-
gated.
(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 pro-
vided 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 depart-
ments to use appropriated funds available for operation and mainte-
nance to carry out construction projects.
(f) CONGRESSIONAL COMMITTEES.—The congressional commit-
tees referred to in this section are the following:
(1) The Committee on Armed Services and the Subcommit-
tees on Defense and Military Construction of the Committee
on Appropriations of the Senate.
(2) The Committee on Armed Services and the Subcommit-
tees on Defense and Military Construction of the Committee
on Appropriations of the House of Representatives.
TITLE II—IRAQ AND AFGHANISTAN RECONSTRUCTION AND
INTERNATIONAL ASSISTANCE
CHAPTER 1
DEPARTMENT OF JUSTICE
LEGAL ACTIVITIES
GENERAL LEGAL ACTIVITIES
For necessary expenses for ‘‘Salaries and Expenses, General
Legal Activities’’, $15,000,000.
H. R. 3289—15
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING RESCISSION)
For necessary expenses for ‘‘Diplomatic and Consular Pro-
grams’’, $156,300,000, of which $35,800,000 shall remain available
until September 30, 2006.
Of the funds appropriated under this heading in the Emergency
Wartime Supplemental Appropriations Act, 2003, $35,800,000 are
rescinded.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for ‘‘Embassy Security, Construction,
and Maintenance’’, $43,900,000, to remain available until expended:
Provided, That funds provided under this heading do not include
facilities requirements specific to the United States Agency for
International Development, which are provided under the heading
‘‘United States Agency for International Development, Operating
Expenses of the United States Agency for International Develop-
ment’’.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for ‘‘Emergencies in the Diplomatic
and Consular Service’’, $115,500,000, to remain available until
expended, which may be transferred to, and merged with, the
appropriations for ‘‘Diplomatic and Consular Programs’’: Provided,
That of the funds made available under this heading, $65,500,000
may be transferred to, and merged with, the appropriations for
‘‘Protection of Foreign Missions and Officials’’; of which $32,000,000
is for the reimbursement of the City of New York for costs associated
with the protection of foreign missions and officials during the
heightened state of alert following the September 11, 2001, terrorist
attacks on the United States; of which $8,500,000 is for costs
associated with the 2003 Free Trade Area of the Americas Ministe-
rial meeting; and of which $25,000,000 is for costs associated with
the 2004 Summit of the Industrialized Nations notwithstanding
the limitations of 3 U.S.C. 202(10): Provided further, That of the
funds previously appropriated under this heading, $2,000,000 is
for rewards for an indictee of the Special Court for Sierra Leone:
Provided further, That any transfer of funds provided under this
heading shall be treated as a reprogramming of funds under section
605 of Public Law 108–7.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses for ‘‘Contributions for International
Peacekeeping Activities’’, $245,000,000, to remain available until
expended.
H. R. 3289—16
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For necessary expenses for ‘‘International Broadcasting Oper-
ations’’, for activities related to the Middle East Television Network
broadcasting to Iraq, $40,000,000.
GENERAL PROVISION—THIS CHAPTER
SEC. 2101. Funds appropriated under this chapter for the
Broadcasting Board of Governors and the Department of State
may be obligated and expended notwithstanding section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995, and section 15 of the State Department Basic Authorities
Act of 1956, as amended.
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
For an additional amount for ‘‘Operating Expenses of the United
States Agency for International Development’’, $38,100,000, for
direct support of operations in Afghanistan, to remain available
until September 30, 2005.
In addition, for direct support of operations in Iraq, $1,900,000,
which shall be transferred to and merged with ‘‘Operating Expenses
of the United States Agency for International Development Office
of Inspector General’’ for financial and performance audits of the
Iraq Relief and Reconstruction Fund and other assistance to Iraq,
to remain available until September 30, 2005.
CAPITAL INVESTMENT FUND
For an additional amount for ‘‘Capital Investment Fund’’,
$16,600,000, to remain available until expended: Provided, That
the Administrator of the United States Agency for International
Development shall assess fair and reasonable rental payments for
the use of space by employees of other United States Government
agencies in buildings constructed using funds appropriated under
this heading, and such rental payments shall be deposited into
this account as an offsetting collection: Provided further, That the
rental payments collected pursuant to the previous proviso and
deposited as an offsetting collection shall be available for obligation
only pursuant to the regular notification procedures of the Commit-
tees on Appropriations.
H. R. 3289—17
OTHER BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
IRAQ RELIEF AND RECONSTRUCTION FUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the purposes of the Foreign
Assistance Act of 1961, for security, relief, rehabilitation and
reconstruction in Iraq, $18,649,000,000, to remain available until
September 30, 2006, to be allocated as follows: $3,243,000,000 for
security and law enforcement; $1,318,000,000 for justice, public
safety infrastructure, and civil society, of which $100,000,000 shall
be made available for democracy building activities, and of which
$10,000,000 shall be made available to the United States Institute
for Peace for activities supporting peace enforcement, peacekeeping
and post-conflict peacebuilding; $5,560,000,000 for the electric
sector; $1,890,000,000 for oil infrastructure; $4,332,000,000 for
water resources and sanitation; $500,000,000 for transportation
and telecommunications; $370,000,000 for roads, bridges, and
construction; $793,000,000 for health care; $153,000,000 for private
sector development; and $280,000,000 for education, refugees,
human rights, and governance: Provided, That the President may
reallocate up to 10 percent of any of the preceding allocations,
except that the total for the allocation receiving such funds may
not be increased by more than 20 percent: Provided further, That
the President may increase one such allocation only by up to an
additional 20 percent in the event of unforeseen or emergency
circumstances: Provided further, That such reallocations shall be
subject to the regular notification procedures of the Committees
on Appropriations and section 634A of the Foreign Assistance Act
of 1961 and notifications shall be transmitted at least 15 days
in advance of the obligation of funds: Provided further, That funds
appropriated under this heading shall be apportioned only to the
Coalition Provisional Authority in Iraq (in its capacity as an entity
of the United States Government), the Department of State, the
Department of Health and Human Services, the Department of
Treasury, the Department of Defense, and the United States Agency
for International Development: Provided further, That upon a deter-
mination 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: Pro-
vided 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 Nar-
cotics 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 Coali-
tion Provisional Authority, shall be made available to such agency
to fully pay for its administrative expenses: Provided further, That
up to 1 percent of the amount appropriated in this paragraph
may be transferred to ‘‘Operating Expenses of the Coalition Provi-
sional Authority’’, and that any such transfer shall be in accordance
H. R. 3289—18
with the regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act
of 1961: Provided further, That funds appropriated under this
heading shall be used to protect and promote public health and
safety, including for the arrest, detention and prosecution of crimi-
nals 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 pro-
vided 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 trans-
ferred 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 ‘‘Inter-
national 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, transpor-
tation, supply, equipment, facilities, communications, logistics
requirements, studies, physical security, media support, promulga-
tion 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 require-
ments 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: Pro-
vided, That not less than $672,000,000 is available only for acceler-
ated assistance for Afghanistan: Provided further, That these funds
are available notwithstanding section 660 of the Foreign Assistance
Act of 1961, and section 620(q) of that Act or any comparable
provision of law: Provided further, That these funds may be used
H. R. 3289—19
for activities related to disarmament, demobilization, and reintegra-
tion of militia combatants, including registration of such combat-
ants, notwithstanding section 531(e) of the Foreign Assistance Act
of 1961: Provided further, That the obligation of funds made avail-
able 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 avail-
able 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 Paki-
stan 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 modi-
fying direct loans and guarantees shall not be considered ‘‘assist-
ance’’ for the purposes of provisions of law limiting assistance
to a country.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for International Disaster and Famine
Assistance utilizing the general authorities of section 491 of the
Foreign Assistance Act of 1961, to respond to or prevent unforeseen
complex foreign crises in Liberia and Sudan, $110,000,000, and
by transfer not to exceed 0.5 percent of the funds appropriated
under any other heading in this chapter, to remain available to
the Secretary of State until September 30, 2005: Provided, That
funds appropriated under this heading may be made available
only pursuant to a determination by the President, after consulta-
tion 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 disas-
ters: Provided further, That funds made available under this
heading to respond to or prevent unforeseen complex foreign crises
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That not less than
$100,000,000 of the funds appropriated under this heading shall
be made available for assistance for Liberia.
H. R. 3289—20
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’, $170,000,000, to remain available until
December 31, 2004, for accelerated assistance for Afghanistan.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For an additional amount for ‘‘Nonproliferation, Anti-Terrorism,
Demining and Related Programs’’, $35,000,000, for accelerated
assistance for Afghanistan.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for the ‘‘Foreign Military Financing
Program’’, $287,000,000, for accelerated assistance for Afghanistan.
PEACEKEEPING OPERATIONS
For an additional amount for ‘‘Peacekeeping Operations’’,
$50,000,000, to support the global war on terrorism.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 2201. None of the funds appropriated by this Act or
any unexpended funds provided in Public Law 108–11 may be
used to repay, in whole or in part, principal or interest on any
loan or guarantee agreement entered into by the Government of
Iraq with any private or public sector entity including with the
government of any country (including any agency of such govern-
ment 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 dele-
gated.
(b) In any case in which procedures other than full and open
competitive procedures are to be used to enter into a contract,
the Administrator of the Coalition Provisional Authority or the
H. R. 3289—21
head of such executive agency of the United States shall submit
not later than 7 calendar days before the award of the contract
a notification to the Committees on Appropriations, and the
Committees on Government Reform and International Relations
of the House of Representatives, and the Committees on Govern-
mental Affairs and Foreign Relations of the Senate. Such notifica-
tion 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 con-
tracting 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 Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1))
on which was based the determination of use of procedures other
than full and open competitive procedures.
(c)(1) This section shall not apply to contracts of less than
$5,000,000.
(2) This section also shall apply to any extension, amendment
or modification of contracts entered into prior to the enactment
of this Act using other than full and open competitive procedures
using Iraq Relief and Reconstruction Funds in this Act and under
Public Law 108–11 or funds made available in prior Foreign Oper-
ations, Export Financing and Related Programs Appropriations
Acts.
(3) This section shall not apply to contracts authorized by
the Small Business Act (15 U.S.C. 631 et seq.).
SEC. 2203. (a) DISCLOSURE REQUIRED.—
(1) PUBLICATION AND PUBLIC AVAILABILITY.—The Adminis-
trator 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 para-
graph (2), through the use of other than full and open competi-
tive 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