Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3289 Enrolled Bill (ENR)]

H.R.3289

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three

An Act

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

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

TITLE I--NATIONAL SECURITY

CHAPTER 1

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$12,858,870,000.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$816,100,000.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine Corps'',
$753,190,000.

Military Personnel, Air Force

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

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance, Army'',
$23,997,064,000.

Operation and Maintenance, Navy

(including transfer of funds)

For an additional amount for ``Operation and Maintenance, Navy'',
$1,956,258,000, of which up to $80,000,000 may be transferred to the
Department of Homeland Security for Coast Guard Operations.

Operation and Maintenance, Marine Corps

For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,198,981,000.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance, Air
Force'', $5,416,368,000.

Operation and Maintenance, Defense-Wide

For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $4,355,452,000, of which--
(1) not to exceed $15,000,000 may be used for the CINC
Initiative Fund account, to be used primarily in Iraq and
Afghanistan;
(2) $32,000,000 is only for the Family Advocacy Program; and
(3) not to exceed $1,150,000,000, to remain available until
expended, may be used, notwithstanding any other provision of law,
for payments to reimburse Pakistan, Jordan, and other key
cooperating nations, for logistical and military support provided,
or to be provided, to United States military operations in
connection with military action in Iraq and the global war on
terrorism: Provided, That such payments may be made in such amounts
as the Secretary of Defense, with the concurrence of the Secretary
of State, and in consultation with the Director of the Office of
Management and Budget, may determine, in his discretion, based on
documentation determined by the Secretary of Defense to adequately
account for the support provided, and such determination is final
and conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense shall
provide quarterly reports to the Committees on Appropriations on
the use of these funds.

Operation and Maintenance, Marine Corps Reserve

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

Operation and Maintenance, Air Force Reserve

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

Operation and Maintenance, Air National Guard

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

Overseas Humanitarian, Disaster, and Civic Aid

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

Iraq Freedom Fund

(including transfer of funds)

For ``Iraq Freedom Fund'', $1,988,600,000, to remain available for
transfer until September 30, 2005, for the purposes authorized under
this heading in Public Law 108-11: Provided, That the Secretary of
Defense may transfer the funds provided herein to appropriations for
military personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; military construction; the
Defense Health Program; and working capital funds: Provided further,
That funds transferred shall be merged with and be available for the
same purposes and for the same time period as the appropriation or fund
to which transferred: Provided further, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the end of
each fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation: Provided
further, That not less than $62,100,000 shall be transferred to ``Other
Procurement, Army'' for the procurement of Up-armored High Mobility
Multipurpose Wheeled Vehicles and associated equipment: Provided
further, That $10,000,000 shall be for the Family Readiness Program of
the National Guard.

PROCUREMENT

Procurement of Weapons and Tracked Combat Vehicles, Army

For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $101,600,000, to remain available until
September 30, 2006.

Other Procurement, Army

For an additional amount for ``Other Procurement, Army'',
$1,143,687,000, to remain available until September 30, 2006.

Aircraft Procurement, Navy

For an additional amount for ``Aircraft Procurement, Navy'',
$158,600,000, to remain available until September 30, 2006.

Other Procurement, Navy

For an additional amount for ``Other Procurement, Navy'',
$76,357,000, to remain available until September 30, 2006.

Procurement, Marine Corps

For an additional amount for ``Procurement, Marine Corps'',
$123,397,000, to remain available until September 30, 2006.

Aircraft Procurement, Air Force

For an additional amount for ``Aircraft Procurement, Air Force'',
$53,972,000, to remain available until September 30, 2006.

Missile Procurement, Air Force

For an additional amount for ``Missile Procurement, Air Force'',
$20,450,000, to remain available until September 30, 2006.

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air Force'',
$3,438,006,000, to remain available until September 30, 2006.

Procurement, Defense-Wide

For an additional amount for ``Procurement, Defense-Wide'',
$418,635,000, to remain available until September 30, 2006.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Navy

For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $34,000,000, to remain available until September
30, 2005.

Research, Development, Test and Evaluation, Air Force

For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $39,070,000, to remain available until
September 30, 2005.

Research, Development, Test and Evaluation, Defense-Wide

For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $260,817,000, to remain available until
September 30, 2005.

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; operation and
maintenance; procurement; and research, development, test and
evaluation: Provided further, That the funds transferred shall be
merged with and be available for the same purposes and for the same
time period, as the appropriation to which transferred: Provided
further, That the transfer authority provided in this paragraph is in
addition to any other transfer authority available to the Department of
Defense.

RELATED AGENCIES

Intelligence Community Management Account

(including transfer of funds)

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

GENERAL PROVISIONS, THIS CHAPTER

(transfer of funds)

Sec. 1101. Upon his determination that such action is necessary in
the national interest, the Secretary of Defense may transfer between
appropriations up to $3,000,000,000 of the funds made available to the
Department of Defense in this chapter: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
this authority: Provided further, That the transfer authority provided
in this section is in addition to any other transfer authority
available to the Department of Defense: Provided further, That the
authority in this section is subject to the same terms and conditions
as the authority provided in section 8005 of the Department of Defense
Appropriations Act, 2004, except for the fourth proviso.
Sec. 1102. Funds appropriated in this Act, or made available by the
transfer of funds in or pursuant to this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
Sec. 1103. Sections 1318 and 1319 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat.
571), shall remain in effect during fiscal year 2004.
Sec. 1104. From October 1, 2003, through September 30, 2004, (a)
the rates of pay authorized by section 310(a) of title 37, United
States Code, shall be $225; and (b) the rates of pay authorized by
section 427(a)(1) of title 37, United States Code, shall be $250.
Sec. 1105. Defense Emergency Response Fund Close-Out Authority.--
(a) Section 1313 of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11; 117 Stat. 569), is amended by inserting
``unobligated'' before ``balances''.
(b) Effective November 1, 2003, adjustments to obligations that
before such date would have been properly chargeable to the Defense
Emergency Response Fund shall be charged to any current appropriations
account of the Department of Defense available for the same purpose.
Sec. 1106. During the current fiscal year, funds available to the
Department of Defense for operation and maintenance may be used,
notwithstanding any other provision of law, to provide supplies,
services, transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military and
stability operations in Iraq: Provided, That the Secretary of Defense
shall provide quarterly reports to the congressional defense committees
regarding support provided under this section.
Sec. 1107. Notwithstanding any other provision of law, from funds
made available in this Act to the Department of Defense under
``Operation and Maintenance, Defense-Wide'', not to exceed $150,000,000
may be used by the Secretary of Defense, with the concurrence of the
Secretary of State, to provide assistance only to the New Iraqi Army
and the Afghan National Army to enhance their capability to combat
terrorism and to support U.S. military operations in Iraq and
Afghanistan: Provided, That such assistance may include the provision
of equipment, supplies, services, training and funding: Provided
further, That the authority to provide assistance under this section is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That the Secretary of Defense shall notify
the congressional defense committees not less than 15 days before
providing assistance under the authority of this section.
Sec. 1108. None of the funds provided in this chapter may be used
to finance programs or activities denied by Congress in fiscal year
2004 appropriations to the Department of Defense or to initiate a
procurement or research, development, test and evaluation new start
program without prior notification to the congressional defense
committees.
Sec. 1109. In addition to amounts made available elsewhere in this
Act, there is hereby appropriated to the Department of Defense
$313,000,000, to be used only for recovery and repair of damage due to
natural disasters including Hurricane Isabel, to be distributed as
follows:
``Operation and Maintenance, Army'', $47,100,000;
``Operation and Maintenance, Navy'', $87,600,000;
``Operation and Maintenance, Marine Corps'', $6,700,000;
``Operation and Maintenance, Air Force'', $169,300,000; and
``Other Procurement, Air Force'', $2,300,000.
Sec. 1110. During the current fiscal year, from funds made
available in this Act to the Department of Defense for operation and
maintenance, not to exceed $180,000,000 may be used, notwithstanding
any other provision of law, to fund the Commander's Emergency Response
Program, established by the Administrator of the Coalition Provisional
Authority for the purpose of enabling military commanders in Iraq to
respond to urgent humanitarian relief and reconstruction requirements
within their areas of responsibility by carrying out programs that will
immediately assist the Iraqi people, and to establish and fund a
similar program to assist the people of Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports, beginning on
January 15, 2004, to the congressional defense committees regarding the
source of funds and the allocation and use of funds made available
pursuant to the authority provided in this section.
Sec. 1111. Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report describing an Analysis of Alternatives for
replacing the capabilities of the existing Air Force fleet of KC-135
tanker aircraft.

enhancements to exemption for members with combat-related injuries
from requirement for payment of subsistence 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.''.
Sec. 1113. None of the funds available to the Department of Defense
may be obligated to implement any action which alters the command
responsibility or permanent assignment of forces until 270 days after
such plan has been provided to the congressional defense committees.
Sec. 1114. Section 1074a of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(f)(1) At any time after the Secretary concerned notifies members
of the Ready Reserve that the members are to be called or ordered to
active duty, the administering Secretaries may provide to each such
member any medical and dental screening and care that is necessary to
ensure that the member meets the applicable medical and dental
standards for deployment.
``(2) The Secretary concerned shall promptly transmit to each
member of the Ready Reserve eligible for screening and care under this
subsection a notification of eligibility for such screening and care.
``(3) A member provided medical or dental screening or care under
paragraph (1) may not be charged for the screening or care.
``(4) Screening and care may not be provided under this section
after September 30, 2004.''.
Sec. 1115. (a) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076a the following new section:

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

``(a) Eligibility.--Each member of the Selected Reserve of the
Ready Reserve and each member of the Individual Ready Reserve described
in section 10144(b) of this title is eligible, subject to subsection
(h), to enroll in TRICARE and receive benefits under such enrollment
for any period that the member--
``(1) is an eligible unemployment compensation recipient; or
``(2) is not eligible for health care benefits under an
employer-sponsored health benefits plan.
``(b) Types of Coverage.--(1) A member eligible under subsection
(a) may enroll for either of the following types of coverage:
``(A) Self alone coverage.
``(B) Self and family coverage.
``(2) An enrollment by a member for self and family covers the
member and the dependents of the member who are described in
subparagraph (A), (D), or (I) of section 1072(2) of this title.
``(c) Open Enrollment Periods.--The Secretary of Defense shall
provide for at least one open enrollment period each year. During an
open enrollment period, a member eligible under subsection (a) may
enroll in the TRICARE program or change or terminate an enrollment in
the TRICARE program.
``(d) Scope of Care.--(1) A member and the dependents of a member
enrolled in the TRICARE program under this section shall be entitled to
the same benefits under this chapter as a member of the uniformed
services on active duty or a dependent of such a member, respectively.
``(2) Section 1074(c) of this title shall apply with respect to a
member enrolled in the TRICARE program under this section.
``(e) Premiums.--(1) The Secretary of Defense shall charge premiums
for coverage pursuant to enrollments under this section. The Secretary
shall prescribe for each of the TRICARE program options a premium for
self alone coverage and a premium for self and family coverage.
``(2) The monthly amount of the premium in effect for a month for a
type of coverage under this section shall be the amount equal to 28
percent of the total amount determined by the Secretary on an
appropriate actuarial basis as being reasonable for the coverage.
``(3) The premiums payable by a member under this subsection may be
deducted and withheld from basic pay payable to the member under
section 204 of title 37 or from compensation payable to the member
under section 206 of such title. The Secretary shall prescribe the
requirements and procedures applicable to the payment of premiums by
members not entitled to such basic pay or compensation.
``(4) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subparagraph (B) of such section for such
fiscal year.
``(f) Other Charges.--A person who receives health care pursuant to
an enrollment in a TRICARE program option under this section, including
a member who receives such health care, shall be subject to the same
deductibles, copayments, and other nonpremium charges for health care
as apply under this chapter for health care provided under the same
TRICARE program option to dependents described in subparagraph (A),
(D), or (I) of section 1072(2) of this title.
``(g) Termination of Enrollment.--(1) A member enrolled in the
TRICARE program under this section may terminate the enrollment only
during an open enrollment period provided under subsection (c), except
as provided in subsection (h).
``(2) An enrollment of a member for self alone or for self and
family under this section shall terminate on the first day of the first
month beginning after the date on which the member ceases to be
eligible under subsection (a).
``(3) The enrollment of a member under this section may be
terminated on the basis of failure to pay the premium charged the
member under this section.
``(h) Relationship to Transition TRICARE Coverage Upon Separation
From Active Duty.--(1) A member may not enroll in the TRICARE program
under this section while entitled to transitional health care under
subsection (a) of section 1145 of this title or while authorized to
receive health care under subsection (c) of such section.
``(2) A member who enrolls in the TRICARE program under this
section within 90 days after the date of the termination of the
member's entitlement or eligibility to receive health care under
subsection (a) or (c) of section 1145 of this title may terminate the
enrollment at any time within one year after the date of the
enrollment.
``(i) Certification of Noncoverage by Other Health Benefits Plan.--
The Secretary of Defense may require a member to submit any
certification that the Secretary considers appropriate to substantiate
the member's assertion that the member is not covered for health care
benefits under any other health benefits plan.
``(j) Eligible Unemployment Compensation Recipient Defined.--In
this section, the term `eligible unemployment compensation recipient'
means, with respect to any month, any individual who is determined
eligible for any day of such month for unemployment compensation under
State law (as defined in section 205(9) of the Federal-State Extended
Unemployment Compensation Act of 1970), including Federal unemployment
compensation laws administered through the State.
``(k) Regulations.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall prescribe regulations for
the administration of this section.
``(l) Termination of Authority.--An enrollment in TRICARE under
this section may not continue after September 30, 2004.''.
(b) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1076a the
following new item:

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

Sec. 1116. Section 1074 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d)(1) For the purposes of this chapter, a member of a reserve
component of the armed forces who is issued a delayed-effective-date
active-duty order, or is covered by such an order, shall be treated as
being on active duty for a period of more than 30 days beginning on the
later of the date that is--
``(A) the date of the issuance of such order; or
``(B) 90 days before date on which the period of active duty is
to commence under such order for that member.
``(2) In this subsection, the term `delayed-effective-date active-
duty order' means an order to active duty for a period of more than 30
days in support of a contingency operation under a provision of law
referred to in section 101(a)(13)(B) of this title that provides for
active-duty service to begin under such order on a date after the date
of the issuance of the order.
``(3) This section shall cease to be effective on September 30,
2004.''.
Sec. 1117. (a) Subject to subsection (b), during the period
beginning on the date of the enactment of this Act and ending on
September 30, 2004, section 1145(a) of title 10, United States Code,
shall be administered by substituting for paragraph (3) the following:
``(3) Transitional health care for a member under subsection (a)
shall be available for 180 days beginning on the date on which the
member is separated from active duty.''.
(b)(1) Subsection (a) shall apply with respect to separations from
active duty that take effect on or after the date of the enactment of
this Act.
(2) Beginning on October 1, 2004, the period for which a member is
provided transitional health care benefits under section 1145(a) of
title 10, United States Code, shall be adjusted as necessary to comply
with the limits provided under paragraph (3) of such section.
Sec. 1118. (a) At the time members of reserve components of the
Armed Forces are called or ordered to active duty under Section
12302(a) of title 10, United States Code, each member shall be notified
in writing of the expected period during which the member will be
mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.
Sec. 1119. The authority to utilize funds appropriated for fiscal
year 2003 for purposes provided by the first clause of section 1314(1)
of Public Law 108-11, shall apply to the utilization of available funds
appropriated for fiscal year 2004 for such purposes.
Sec. 1120. (a) Not later than April 30 and October 31 of each year,
the Secretary of Defense shall submit to Congress a report on the
military operations of the Armed Forces and the reconstruction
activities of the Department of Defense in Iraq and Afghanistan.
(b) Each report shall include the following information:
(1) For each of Iraq and Afghanistan for the half-fiscal year
ending during the month preceding the due date of the report, the
amount expended for military operations of the Armed Forces and the
amount expended for reconstruction activities, together with the
cumulative total amounts expended for such operations and
activities.
(2) An assessment of the progress made toward preventing
attacks on United States personnel.
(3) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the readiness of the Armed
Forces.
(4) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the recruitment and retention
of personnel for the Armed Forces.
(5) For the half-fiscal year ending during the month preceding
the due date of the report, the costs incurred for repair of
Department of Defense equipment used in the operations and
activities in Iraq and Afghanistan.
(6) The foreign countries, international organizations, and
nongovernmental organizations that are contributing support for the
ongoing military operations and reconstruction activities, together
with a discussion of the amount and types of support contributed by
each during the half-fiscal year ending during the month preceding
the due date of the report.
(7) The extent to which, and the schedule on which, the
Selected Reserve of the Ready Reserve of the Armed Forces is being
involuntarily ordered to active duty under section 12304 of title
10, United States Code.
(8) For each unit of the National Guard of the United States
and the other reserve components of the Armed Forces on active duty
pursuant to an order to active duty under section 12304 of title
10, United States Code, the following information:
(A) The unit.
(B) The projected date of return of the unit to its home
station.
(C) The extent (by percentage) to which the forces deployed
within the United States and outside the United States in
support of a contingency operation are composed of reserve
component forces.
Sec. 1121. In addition to amounts made available elsewhere in this
Act, there is hereby appropriated to the Department of Defense
$100,000,000, for ``Operation and Maintenance, Army'': Provided, That
these funds are available only for the purpose of securing and
destroying conventional munitions in Iraq, such as bombs, bomb
materials, small arms, rocket propelled grenades, and shoulder-launched
missiles.

CHAPTER 2

DEPARTMENT OF HOMELAND SECURITY

United States Coast Guard

Operating Expenses

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

Emergency Preparedness and Response

disaster relief

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

GENERAL PROVISION, THIS CHAPTER

Sec. 1201. Effective upon the enactment of the Project BioShield
Act of 2003, the Department of Homeland Security Appropriations Act,
2004 (Public Law 108-90) is amended under the heading ``Biodefense
Countermeasures'' by striking ``securing medical countermeasures
against biological terror attacks'' and inserting the following:
``procuring security countermeasures under section 319F-2(c) of the
Public Health Service Act, as authorized under section 510(a) of the
Homeland Security Act of 2002''.

CHAPTER 3

MILITARY CONSTRUCTION

Military Construction, Army

For an additional amount for ``Military Construction, Army'',
$162,100,000, to remain available until September 30, 2008: Provided,
That notwithstanding any other provision of law, such funds may be
obligated or expended to carry out planning and design and military
construction projects not otherwise authorized by law.

Military Construction, Navy

For an additional amount for ``Military Construction, Navy'',
$45,530,000, to remain available until September 30, 2008: Provided,
That notwithstanding any other provision of law, such funds may be
obligated or expended to carry out military construction projects not
otherwise authorized by law.

Military Construction, Air Force

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

Family Housing Operation and Maintenance, Army

For an additional amount for ``Family Housing Operation and
Maintenance, Army'', $11,420,000.

Family Housing Operation and Maintenance, Navy and Marine Corps

For an additional amount for ``Family Housing Operation and
Maintenance, Navy and Marine Corps'', $6,280,000.

Family Housing Operation and Maintenance, Air Force

For an additional amount for ``Family Housing Operation and
Maintenance, Air Force'', $6,981,000.

GENERAL PROVISION, THIS CHAPTER

Sec. 1301. (a) Temporary Authority To Use Operation and Maintenance
Funds for Military Construction Projects.--During fiscal year 2004, the
Secretary of Defense may use this section as authority to obligate
appropriated funds available for operation and maintenance to carry out
a construction project outside the United States that the Secretary
determines meets each of the following conditions:
(1) The construction is necessary to meet urgent military
operational requirements of a temporary nature involving the use of
the Armed Forces in support of Operation Iraqi Freedom or the
Global War on Terrorism.
(2) The construction is not carried out at a military
installation where the United States is reasonably expected to have
a long-term presence.
(3) The United States has no intention of using the
construction after the operational requirements have been
satisfied.
(4) The level of construction is the minimum necessary to meet
the temporary operational requirements.
(b) Limitation on Use of Authority.--The total cost of the
construction projects carried out under the authority of this section
using, in whole or in part, appropriated funds available for operation
and maintenance shall not exceed $150,000,000 in fiscal year 2004.
(c) Notifications of Obligations of Funds.--Within fifteen days
after the date on which appropriated funds available for operation and
maintenance are first obligated for a construction project under
subsection (a), the Secretary of Defense shall submit to the
Congressional defense committees notice of the obligation of funds and
the construction project. The notice shall include the following:
(1) Certification that the conditions specified in subsection
(a) are satisfied with regard to the construction project.
(2) A description of the purpose for which appropriated funds
available for operation and maintenance are being obligated.
(3) Relevant documentation detailing the construction project.
(4) The total amount obligated for the construction.
(d) Quarterly Report.--(1) Not later than 30 days after the end of
each fiscal-year quarter of fiscal year 2004, the Secretary of Defense
shall submit to the congressional committees specified in subsection
(f) a report on the worldwide obligation and expenditure during that
quarter of appropriated funds available for operation and maintenance
for construction projects.
(2) The report shall include with regard to each project the
following:
(A) Certification that the conditions specified in subsection
(a) are satisfied with regard to the construction project.
(B) A description of the purpose for which appropriated funds
available for operation and maintenance are being obligated.
(C) Relevant documentation detailing the construction project.
(D) An estimate of the total cost of the construction project.
(E) The total amount obligated for the construction project as
of the date of the submission of the report.
(e) Relation to Other Authorities.--The temporary authority
provided by this section, and the limited authority provided by section
2805(c) of title 10, United States Code, to use appropriated funds
available for operation and maintenance to carry out a construction
project are the only authorities available to the Secretary of Defense
and the Secretaries of the military departments to use appropriated
funds available for operation and maintenance to carry out construction
projects.
(f) Congressional Committees.--The congressional committees
referred to in this section are the following:
(1) The Committee on Armed Services and the Subcommittees on
Defense and Military Construction of the Committee on
Appropriations of the Senate.
(2) The Committee on Armed Services and the Subcommittees on
Defense and Military Construction of the Committee on
Appropriations of the House of Representatives.

TITLE II--IRAQ AND AFGHANISTAN RECONSTRUCTION AND INTERNATIONAL
ASSISTANCE

CHAPTER 1

DEPARTMENT OF JUSTICE

Legal Activities

General Legal Activities

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

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

Diplomatic and Consular Programs

(including rescission)

For necessary expenses for ``Diplomatic and Consular Programs'',
$156,300,000, of which $35,800,000 shall remain available until
September 30, 2006.
Of the funds appropriated under this heading in the Emergency
Wartime Supplemental Appropriations Act, 2003, $35,800,000 are
rescinded.

Embassy Security, Construction, and Maintenance

For necessary expenses for ``Embassy Security, Construction, and
Maintenance'', $43,900,000, to remain available until expended:
Provided, That funds provided under this heading do not include
facilities requirements specific to the United States Agency for
International Development, which are provided under the heading
``United States Agency for International Development, Operating
Expenses of the United States Agency for International Development''.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

(including transfer of funds)

For necessary expenses for ``Emergencies in the Diplomatic and
Consular Service'', $115,500,000, to remain available until expended,
which may be transferred to, and merged with, the appropriations for
``Diplomatic and Consular Programs'': Provided, That of the funds made
available under this heading, $65,500,000 may be transferred to, and
merged with, the appropriations for ``Protection of Foreign Missions
and Officials''; of which $32,000,000 is for the reimbursement of the
City of New York for costs associated with the protection of foreign
missions and officials during the heightened state of alert following
the September 11, 2001, terrorist attacks on the United States; of
which $8,500,000 is for costs associated with the 2003 Free Trade Area
of the Americas Ministerial meeting; and of which $25,000,000 is for
costs associated with the 2004 Summit of the Industrialized Nations
notwithstanding the limitations of 3 U.S.C. 202(10): Provided further,
That of the funds previously appropriated under this heading,
$2,000,000 is for rewards for an indictee of the Special Court for
Sierra Leone: Provided further, That any transfer of funds provided
under this heading shall be treated as a reprogramming of funds under
section 605 of Public Law 108-7.

International Organizations

Contributions for International Peacekeeping Activities

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

RELATED AGENCY

Broadcasting Board of Governors

International Broadcasting Operations

For necessary expenses for ``International Broadcasting
Operations'', for activities related to the Middle East Television
Network broadcasting to Iraq, $40,000,000.

GENERAL PROVISION--THIS CHAPTER

Sec. 2101. Funds appropriated under this chapter for the
Broadcasting Board of Governors and the Department of State may be
obligated and expended notwithstanding section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995, and section 15
of the State Department Basic Authorities Act of 1956, as amended.

CHAPTER 2

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

United States Agency for International Development

Operating Expenses of the United States Agency for International
Development

For an additional amount for ``Operating Expenses of the United
States Agency for International Development'', $38,100,000, for direct
support of operations in Afghanistan, to remain available until
September 30, 2005.
In addition, for direct support of operations in Iraq, $1,900,000,
which shall be transferred to and merged with ``Operating Expenses of
the United States Agency for International Development Office of
Inspector General'' for financial and performance audits of the Iraq
Relief and Reconstruction Fund and other assistance to Iraq, to remain
available until September 30, 2005.

CAPITAL INVESTMENT FUND

For an additional amount for ``Capital Investment Fund'',
$16,600,000, to remain available until expended: Provided, That the
Administrator of the United States Agency for International Development
shall assess fair and reasonable rental payments for the use of space
by employees of other United States Government agencies in buildings
constructed using funds appropriated under this heading, and such
rental payments shall be deposited into this account as an offsetting
collection: Provided further, That the rental payments collected
pursuant to the previous proviso and deposited as an offsetting
collection shall be available for obligation only pursuant to the
regular notification procedures of the Committees on Appropriations.

OTHER BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

Iraq Relief and Reconstruction Fund

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the purposes of the Foreign
Assistance Act of 1961, for security, relief, rehabilitation and
reconstruction in Iraq, $18,649,000,000, to remain available until
September 30, 2006, to be allocated as follows: $3,243,000,000 for
security and law enforcement; $1,318,000,000 for justice, public safety
infrastructure, and civil society, of which $100,000,000 shall be made
available for democracy building activities, and of which $10,000,000
shall be made available to the United States Institute for Peace for
activities supporting peace enforcement, peacekeeping and post-conflict
peacebuilding; $5,560,000,000 for the electric sector; $1,890,000,000
for oil infrastructure; $4,332,000,000 for water resources and
sanitation; $500,000,000 for transportation and telecommunications;
$370,000,000 for roads, bridges, and construction; $793,000,000 for
health care; $153,000,000 for private sector development; and
$280,000,000 for education, refugees, human rights, and governance:
Provided, That the President may reallocate up to 10 percent of any of
the preceding allocations, except that the total for the allocation
receiving such funds may not be increased by more than 20 percent:
Provided further, That the President may increase one such allocation
only by up to an additional 20 percent in the event of unforeseen or
emergency circumstances: Provided further, That such reallocations
shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign Assistance
Act of 1961 and notifications shall be transmitted at least 15 days in
advance of the obligation of funds: Provided further, That funds
appropriated under this heading shall be apportioned only to the
Coalition Provisional Authority in Iraq (in its capacity as an entity
of the United States Government), the Department of State, the
Department of Health and Human Services, the Department of Treasury,
the Department of Defense, and the United States Agency for
International Development: Provided further, That upon a determination
that all or part of the funds so transferred from this appropriation
are not necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That of the
amount appropriated in this paragraph, not less than $6,000,000 shall
be made available for administrative expenses of the Department of
State Bureau of International Narcotics Control and Law Enforcement
Affairs and not less than $29,000,000 shall be made available for
administrative expenses of the United States Agency for International
Development for support of the reconstruction activities in Iraq:
Provided further, That of the funds appropriated under this heading, up
to 10 percent of such funds that are obligated, managed, or
administered by an agency of the United States Government, other than
the Coalition Provisional Authority, shall be made available to such
agency to fully pay for its administrative expenses: Provided further,
That up to 1 percent of the amount appropriated in this paragraph may
be transferred to ``Operating Expenses of the Coalition Provisional
Authority'', and that any such transfer shall be in accordance with the
regular notification procedures of the Committees on Appropriations and
section 634A of the Foreign Assistance Act of 1961: Provided further,
That funds appropriated under this heading shall be used to protect and
promote public health and safety, including for the arrest, detention
and prosecution of criminals and terrorists: Provided further, That of
the funds appropriated under this heading, assistance shall be made
available for Iraqi civilians who have suffered losses as a result of
military operations: Provided further, That contributions of funds for
the purposes provided herein from any person, foreign government, or
international organization, may be credited to this Fund and used for
such purposes: Provided further, That the Administrator of the
Coalition Provisional Authority shall seek to ensure that programs,
projects and activities funded under this heading, comply fully with
USAID's ``Policy Paper: Disability'' issued on September 12, 1997:
Provided further, That the Coalition Provisional Authority shall work,
in conjunction with relevant Iraqi officials, to ensure that a new
Iraqi constitution preserves full rights to religious freedom and
tolerance of all faiths: Provided further, That of the funds
appropriated under this heading, $100,000,000 shall be transferred to
and consolidated with funds appropriated by this Act for ``Economic
Support Fund'' for assistance for Jordan, $100,000,000 of such funds
shall be transferred to and consolidated with funds appropriated by
this Act for ``International Disaster and Famine Assistance'' for
assistance for Liberia, and $10,000,000 of such funds shall be
transferred to and consolidated with funds appropriated by this Act for
``International Disaster and Famine Assistance'' for assistance for
Sudan.

Operating Expenses of the Coalition Provisional Authority

For necessary expenses of the Coalition Provisional Authority in
Iraq, established pursuant to United Nations Security Council
resolutions including Resolution 1483, for personnel costs,
transportation, supply, equipment, facilities, communications,
logistics requirements, studies, physical security, media support,
promulgation and enforcement of regulations, and other activities
needed to oversee and manage the relief and reconstruction of Iraq and
the transition to democracy, $933,000,000, to remain available until
September 30, 2005: Provided, That the appropriation of funds under
this heading shall not be construed to limit or otherwise affect the
ability of the Department of Defense to furnish assistance and
services, and any other support, to the Coalition Provisional
Authority.
In addition, $50,000,000, to remain available until September 30,
2005, to be used to fulfill the reporting and monitoring requirements
of this Act and for the preparation and maintenance of public records
required by this Act.

Economic Support Fund

For an additional amount for ``Economic Support Fund'',
$872,000,000, to remain available until December 31, 2004: Provided,
That not less than $672,000,000 is available only for accelerated
assistance for Afghanistan: Provided further, That these funds are
available notwithstanding section 660 of the Foreign Assistance Act of
1961, and section 620(q) of that Act or any comparable provision of
law: Provided further, That these funds may be used for activities
related to disarmament, demobilization, and reintegration of militia
combatants, including registration of such combatants, notwithstanding
section 531(e) of the Foreign Assistance Act of 1961: Provided further,
That the obligation of funds made available by this Act or any prior
appropriations Act for the purpose of deploying and supporting senior
advisors to the United States Chief of Mission in Kabul, Afghanistan,
is subject to the regular reprogramming and notification procedures of
the Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961: Provided further, That $60,000,000 should be
made available for assistance for Afghan women and girls and $5,000,000
shall be made available for the Afghan Independent Human Rights
Commission: Provided further, That not less than $8,000,000 is
available only for the provision of adequate dedicated air transport
and support for civilian personnel at provincial reconstruction team
sites: Provided further, That upon the receipt by the Speaker of the
House of Representatives and the President of the Senate of a
determination by the President that the Government of Pakistan is
cooperating with the United States in the global war on terrorism, not
to exceed $200,000,000 appropriated under this heading may be used for
the costs, as defined in section 502 of the Congressional Budget Act of
1974, of modifying direct loans and guarantees for Pakistan: Provided
further, That amounts that are made available under the previous
proviso for the cost of modifying direct loans and guarantees shall not
be considered ``assistance'' for the purposes of provisions of law
limiting assistance to a country.

International Disaster and Famine Assistance

(including transfers of funds)

For necessary expenses for International Disaster and Famine
Assistance utilizing the general authorities of section 491 of the
Foreign Assistance Act of 1961, to respond to or prevent unforeseen
complex foreign crises in Liberia and Sudan, $110,000,000, and by
transfer not to exceed 0.5 percent of the funds appropriated under any
other heading in this chapter, to remain available to the Secretary of
State until September 30, 2005: Provided, That funds appropriated under
this heading may be made available only pursuant to a determination by
the President, after consultation with the appropriate congressional
committees, that it is in the national interest and essential to
efforts to reduce international terrorism to furnish assistance on such
terms and conditions as he may determine for such purposes, including
support for peace and humanitarian intervention operations: Provided
further, That none of these funds shall be available to respond to
natural disasters: Provided further, That funds made available under
this heading to respond to or prevent unforeseen complex foreign crises
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That not less than
$100,000,000 of the funds appropriated under this heading shall be made
available for assistance for Liberia.

DEPARTMENT OF STATE

International Narcotics Control and Law Enforcement

For an additional amount for ``International Narcotics Control and
Law Enforcement'', $170,000,000, to remain available until December 31,
2004, for accelerated assistance for Afghanistan.

Nonproliferation, Anti-Terrorism, Demining and Related Programs

For an additional amount for ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', $35,000,000, for accelerated
assistance for Afghanistan.

MILITARY ASSISTANCE

Funds Appropriated to the President

Foreign Military Financing Program

For an additional amount for the ``Foreign Military Financing
Program'', $287,000,000, for accelerated assistance for Afghanistan.

Peacekeeping Operations

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

GENERAL PROVISIONS, THIS CHAPTER

Sec. 2201. None of the funds appropriated by this Act or any
unexpended funds provided in Public Law 108-11 may be used to repay, in
whole or in part, principal or interest on any loan or guarantee
agreement entered into by the Government of Iraq with any private or
public sector entity including with the government of any country
(including any agency of such government or any entity owned in whole
or in part by the government of such country) or with any international
financial institution, prior to May 1, 2003: Provided, That for the
purpose of this section, the term ``international financial
institution'' shall mean those institutions contained in section 530(b)
of division E of Public Law 108-7.
Sec. 2202 (a) Notwithstanding any other provision of law, none of
the funds appropriated by this Act under the heading ``Iraq Relief and
Reconstruction Fund'' and under the same heading in Public Law 108-11
may be used for entering into any Federal contract (including follow-on
contract) using other than full and open competition, except in
accordance with the Federal Property and Administrative Procedures Act
(41 U.S.C. 251 et seq.), and any exception, if deemed necessary, shall
be only upon the written approval of the Administrator of the Coalition
Provisional Authority and the head of the executive agency of the
United States awarding and managing such contract and such authority
shall not be delegated.
(b) In any case in which procedures other than full and open
competitive procedures are to be used to enter into a contract, the
Administrator of the Coalition Provisional Authority or the head of
such executive agency of the United States shall submit not later than
7 calendar days before the award of the contract a notification to the
Committees on Appropriations, and the Committees on Government Reform
and International Relations of the House of Representatives, and the
Committees on Governmental Affairs and Foreign Relations of the Senate.
Such notification shall provide the justification for use of other than
full and open competitive procedures, a brief description of the
contract's scope, the amount of the contract, a discussion of how the
contracting agency identified and solicited offers from contractors, a
list of the contractors solicited, and the justification and approval
documents (as required under section 303(f)(1) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on which
was based the determination of use of procedures other than full and
open competitive procedures.
(c)(1) This section shall not apply to contracts of less than
$5,000,000.
(2) This section also shall apply to any extension, amendment or
modification of contracts entered into prior to the enactment of this
Act using other than full and open competitive procedures using Iraq
Relief and Reconstruction Funds in this Act and under Public Law 108-11
or funds made available in prior Foreign Operations, Export Financing
and Related Programs Appropriations Acts.
(3) This section shall not apply to contracts authorized by the
Small Business Act (15 U.S.C. 631 et seq.).
Sec. 2203. (a) Disclosure Required.--
(1) Publication and public availability.--The Administrator of
the Coalition Provisional Authority or the head of an executive
agency of the United States that enters into a contract for
assistance for Iraq, using funds described in paragraph (2),
through the use of other than full and open competitive procedures,
shall publish in the Federal Register or Federal Business
Opportunities, and otherwise make available to the public,
including publication on the Coalition Provisional Authority's
website, not later than 7 days before the date on which the
contract is entered into, the following information:
(A) The amount of the contract.
(B) A brief description of the scope of the contract.
(C) A discussion of how the executive agency and, when
applicable, the Coalition Provisional Authority, identified,
and solicited offers from, potential contractors to perform the
contract, together with a list of the potential contractors
that were issued solicitations for the offers.
(D) The justification and approval documents (as required
under section 303(f)(1) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on
which was based the determination to use procedures other than
competitive procedures.
(2) Funds.--The funds referred to in paragraph (1) are any
funds under the heading ``Iraq Relief and Reconstruction Fund'' in
this Act, and under the same heading in Public Law 108-11.
(3) Applicability.--
(A) This section shall also apply to any extension,
amendment or modification of contracts entered into prior to
the enactment of this Act using other than full and open
competitive procedures using Iraq Relief and Reconstruction
Funds in this Act and under Public Law 108-11 or funds made
available in prior Foreign Operations, Export Financing and
Related Programs Appropriations Acts.
(B) This section shall not apply to contracts of less than
$5,000,000.
(C) This section shall not apply to contracts authorized by
the Small Business Act (15 U.S.C. 631 et seq.).
(b) Classified Information.--
(1) Authority to withhold.--The head of an executive agency
may--
(A) withhold from publication and disclosure under
subsection (a) any document that is classified for restricted
access in accordance with an Executive order in the interest of
national defense or foreign policy; and
(B) redact any part so classified that is in a document not
so classified before publication and disclosure of the document
under subsection (a).
(2) Availability to congress.--In any case in which the head of
an executive agency withholds information under paragraph (1), the
head of such executive agency shall make available an unredacted
version of the document containing that information to the chairman
and ranking member of each of the following committees of Congress:
(A) The Committee on Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives.
(B) The Committees on Appropriations of the Senate and the
House of Representatives.
(C) Each committee that the head of the executive agency
determines has legislative jurisdiction for the operations of
such department or agency to which the information related.
(c) Relationship to Other Disclosure Laws.--Nothing in this section
shall be construed as affecting obligations to disclose United States
Government information under any other provision of law.
(d) Definitions.--In this section and section 2202 of this Act, the
terms ``full and open competitive procedures'' and ``executive agency''
have the meanings given such terms in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
Sec. 2204. Section 1503 of Public Law 108-11 is amended--
(1) by striking ``equipment'' and inserting in lieu thereof
``equipment, including equipment''; and
(2) by striking ``2004'' and inserting in lieu thereof
``2005''.
Sec. 2205. Section 1504 of Public Law 108-11 is amended by--
(1) in the first proviso, striking the first proviso, and
inserting in lieu thereof: ``Provided, That, subject to the
notification requirements of this section, exports may be
authorized of lethal military equipment designated by the Secretary
of State for use by a reconstituted (or interim) Iraqi military or
police force, and of small arms designated by the Secretary of
State for use for private security purposes:''; and
(2) in the last proviso, striking ``2004'' and inserting in
lieu thereof ``2005''.
Sec. 2206. Section 202(b) of the Afghanistan Freedom Support Act of
2002 (Public Law 107-327) is amended by striking ``$300,000,000'' and
inserting in lieu thereof ``$450,000,000''.
Sec. 2207. (a) The Director of the Office of Management and Budget,
in consultation with the Administrator of the Coalition Provisional
Authority (CPA) and the Committees on Appropriations, shall submit to
the Committees on Appropriations not later than January 5, 2004 and
prior to the initial obligation of funds appropriated by this Act under
the heading ``Iraq Relief and Reconstruction Fund'' a report on the
proposed uses of all funds under this heading on a project-by-project
basis, for which the obligation of funds is anticipated during the 3
month period from such date, including estimates by the CPA of the
costs required to complete each such project: Provided, That up to 20
percent of funds appropriated under such heading may be obligated
before the submission of the report: Provided further, That in addition
such report shall include the following:
(1) The use of all funds on a project-by-project basis for
which funds appropriated under such heading were obligated prior to
the submission of the report, including estimates by the CPA of the
costs required to complete each project.
(2) The distribution of duties and responsibilities regarding
such projects among the agencies of the United States Government.
(3) Revenues to the CPA attributable to or consisting of funds
provided by foreign governments and international organizations,
disaggregated by donor, any obligations or expenditures of such
revenues, and the purpose of such obligations and expenditures.
(4) Revenues to the CPA attributable to or consisting of
foreign assets seized or frozen, any obligations or expenditures of
such revenues, and the purpose of such obligations and
expenditures.
(b) Any proposed new projects and increases in funding of ongoing
projects shall be reported to the Committees on Appropriations in
accordance with regular notification procedures.
(c) The report required by subsection (a) shall be updated and
submitted to the Committees on Appropriations every 3 months and shall
include information on how the estimates and assumptions contained in
previous reports have changed.
(d) The requirements of this section shall expire on October 1,
2007.
Sec. 2208. Any reference in this chapter to the ``Coalition
Provisional Authority in Iraq'' or the ``Coalition Provisional
Authority'' shall be deemed to include any successor United States
Government entity with the same or substantially the same authorities
and responsibilities as the Coalition Provisional Authority in Iraq.
Sec. 2209. Assistance or other financing under chapter 2 of this
title may be provided for Iraq and Afghanistan notwithstanding any
other provision of law not contained in this Act that restricts
assistance to foreign countries and section 660 of the Foreign
Assistance Act of 1961: Provided, That funds made available for Iraq
pursuant to the authority of this section shall be subject to the
regular reprogramming notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act of 1961,
except that notification shall be transmitted at least 5 days in
advance of obligation.
Sec. 2210. Funds made available in chapter 2 of this title are made
available notwithstanding section 10 of Public Law 91-672 and section
15 of the State Department Basic Authorities Act of 1956, as amended.
Sec. 2211. Notwithstanding any other provision of law, the Overseas
Private Investment Corporation is authorized to undertake any program
authorized by title IV of the Foreign Assistance Act of 1961 in Iraq:
Provided, That funds made available pursuant to the authority of this
section shall be subject to the regular reprogramming notification
procedures of the Committees on Appropriations.
Sec. 2212. In addition to transfer authority otherwise provided in
chapter 2 of this title, any appropriation made available in chapter 2
of this title may be transferred between such appropriations, to be
available for the same purposes and the same time as the appropriation
to which transferred: Provided, That the total amount transferred
pursuant to this section shall not exceed $100,000,000: Provided
further, That the Secretary of State shall consult with the Committees
on Appropriations prior to exercising the authority contained in this
section: Provided further, That funds made available pursuant to the
authority of this section shall be subject to the regular notification
procedures of the Committees on Appropriations, except that
notification shall be transmitted at least 10 days in advance of the
obligation of funds.
Sec. 2213. Public Law 107-57 is amended--
(1) in section 1(b), by striking ``2003'' wherever appearing
(including in the caption), and inserting in lieu thereof ``2004'';
(2) in section 3(2), by striking ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002, as is''
and inserting in lieu thereof ``annual foreign operations, export
financing, and related programs appropriations Acts for fiscal
years 2002, 2003, and 2004, as are''; and
(3) in section 6, by striking ``2003'' and inserting in lieu
thereof ``2004''.
Sec. 2214. The Afghanistan Freedom Support Act of 2002 (Public Law
107-327), is amended in section 108(a), by striking ``$425,000,000 for
each of the fiscal years 2003 through 2006'' and inserting in lieu
thereof ``$1,825,000,000 for fiscal year 2004 and $425,000,000 for each
of fiscal years 2005 and 2006''.
Sec. 2215. Reports on Iraq and Afghanistan. (a)(1) The Coalition
Provisional Authority (CPA) shall, on a monthly basis until September
30, 2006, submit a report to the Committees on Appropriations which
details, for the preceding month, Iraqi oil production and oil
revenues, and uses of such revenues.
(2) The first report required by this subsection shall be submitted
not later than 30 days after enactment of this Act.
(3) The reports required by this subsection shall also be made
publicly available in both English and Arabic, including through the
CPA's Internet website.
(b) The Secretary of State, in consultation with the heads of other
relevant Federal agencies, shall submit a report to the Committees on
Appropriations not later than 90 days after enactment of this Act
detailing:
(1) the amount of debt incurred by the Government of Saddam
Hussein in Iraq, the impact forgiveness of such debt would have on
reconstruction and long-term prosperity in Iraq, and the estimated
amount that Iraq will pay, or that will be paid on behalf of Iraq,
to a foreign country to service such debt during fiscal year 2004;
(2) the efforts of the Government of the United States to
increase resources contributed by foreign countries and
international organizations, including the United Nations, to the
reconstruction and rehabilitation of Iraq and to increase
international participation in peacekeeping and security efforts in
Iraq;
(3) the manner in which the needs of people with disabilities
are being addressed in the development and implementation of
programs, projects and activities funded by the United States
Government in Iraq and Afghanistan;
(4) the progress being made toward indicting and trying leaders
of the former Iraqi regime for war crimes, genocide, and crimes
against humanity; and
(5) the efforts of relevant Iraqi officials and legal advisors
to ensure that a new Iraqi constitution preserves religious freedom
and tolerance of all faiths.
(c) Title III of Public Law 107-327 is amended as follows by
inserting the following new section:

``SEC. 304. REPORTS.

``The Secretary of State shall submit reports to the Committees on
Foreign Relations and Appropriations of the Senate, and the Committees
on International Relations and Appropriations of the House of
Representatives on progress made in accomplishing the `Purposes of
Assistance' set forth in section 102 of this Act utilizing assistance
provided by the United States for Afghanistan. The first report shall
be submitted no later than December 31, 2003, and subsequent reports
shall be submitted in conjunction with reports required under section
303 of this title and thereafter through December 31, 2004.''.
Sec. 2216. None of the funds appropriated or otherwise made
available under chapter 2 of title II of this Act may be obligated or
expended for any activity in contravention of Articles 1 and 4 of the
Optional Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflicts.
Sec. 2217. Participation of Women in Afghanistan and Iraq
Reconstruction. (a) Governance.--Activities carried out by the United
States with respect to the civilian governance of Afghanistan and Iraq
shall, to the maximum extent practicable--
(1) include the perspectives and advice of women's
organizations in Afghanistan and Iraq, respectively; and
(2) promote the high level participation of women in future
legislative bodies and ministries and ensure that human rights for
women are upheld in any constitution or legal institution of
Afghanistan and Iraq, respectively.
(b) Post-conflict Reconstruction and Development.--Activities
carried out by the United States with respect to post-conflict
stability in Afghanistan and Iraq shall, to the maximum extent
practicable--
(1) encourage the United States organizations that receive
funds made available by this Act to provide significant financial
resources, technical assistance and capacity building to
counterpart organizations led by Afghans and Iraqis, respectively;
(2) increase the access of women to, or ownership by women of,
productive assets such as land, water, agricultural inputs, credit,
and property in Afghanistan and Iraq, respectively;
(3) provide long-term financial assistance for education for
girls and women in Afghanistan and Iraq, respectively; and
(4) integrate education and training programs for former
combatants in Afghanistan and Iraq, respectively, with economic
development programs to--
(A) encourage the reintegration of such former combatants
into society; and
(B) promote post-conflict stability in Afghanistan and
Iraq, respectively.
(c) Military and Police.--Activities carried out by the United
States with respect to training for military and police forces in
Afghanistan and Iraq shall include training, designed in consultation
with women's organizations in Afghanistan and Iraq, respectively, on
the protection, rights, and particular needs of women.

TITLE III--INSPECTOR GENERAL OF THE COALITION PROVISIONAL AUTHORITY

SEC. 3001. INSPECTOR GENERAL OF THE COALITION PROVISIONAL AUTHORITY.

(a) Purposes.--The purposes of this section are as follows:
(1) To provide for the independent and objective conduct and
supervision of audits and investigations relating to the programs
and operations of the Coalition Provisional Authority (CPA).
(2) To provide for the independent and objective leadership and
coordination of, and recommendations on, policies designed to--
(A) promote economy efficiency, and effectiveness in the
administration of such programs and operations; and
(B) prevent and detect fraud and abuse in such programs and
operations.
(3) To provide for an independent and objective means of
keeping the head of the Coalition Provisional Authority fully and
currently informed about problems and deficiencies relating to the
administration of such programs and operations and the necessity
for and progress for corrective action.
(b) Office of Inspector General.--There is hereby established the
Office of the Inspector General of the Coalition Provisional Authority.
(c) Appointment of Inspector General; Removal.--(1) The head of the
Office of the Inspector General of the Coalition Provisional Authority
is the Inspector General of the Coalition Provisional Authority, who
shall be appointed by the Secretary of Defense, in consultation with
the Secretary of State.
(2) The appointment of Inspector General shall be made solely on
the basis of integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis, public
administration, or investigations.
(3) The nomination of an individual as Inspector General shall be
made not later than 30 days after the date of the enactment of this
Act.
(4) The Inspector General shall be removable from office in
accordance with the provisions of section 3(b) of the Inspector General
Act of 1978 (5 U.S.C. App.).
(5) For purposes of section 7324 of title 5, United States Code,
the Inspector General shall not be considered an employee who
determines policies to be pursued by the United States in the
nationwide administration of Federal law.
(6) The annual rate of basic pay of the Inspector General shall be
the annual rate of basic pay provided for positions at level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
(d) Assistant Inspectors General.--The Inspector General shall, in
accordance with applicable laws and regulations governing the civil
service--
(1) appoint an Assistant Inspector General for Auditing who
shall have the responsibility for supervising the performance of
auditing activities relating to programs and operations of the
Coalition Provisional Authority; and
(2) appoint an Assistant Inspector General for Investigations
who shall have the responsibility for supervising the performance
of investigative activities relating to such programs and
operations.
(e) Supervision.--(1) Except as provided in paragraph (2), the
Inspector General shall report directly to, and be under the general
supervision of, the head of the Coalition Provisional Authority.
(2) Neither the head of the Coalition Provisional Authority, any
other officer of the Coalition Provisional Authority, nor any other
officer of the Department of Defense, the Department of State, or the
United States Agency for International Development shall prevent or
prohibit the Inspector General from initiating, carrying out, or
completing any audit or investigation, or from issuing any subpoena
during the course of any audit or investigation.
(f) Duties.--(1) It shall be the duty of the Inspector General to
conduct, supervise, and coordinate audits and investigations of the
treatment, handling, and expenditure of appropriated funds by the
Coalition Provisional Authority in Iraq, and of the programs,
operations, and contracts carried out utilizing such funds, including--
(A) the oversight and accounting of the obligation and
expenditure of such funds;
(B) the monitoring and review of reconstruction activities
funded by such funds;
(C) the monitoring and review of contracts funded by such
funds;
(D) the monitoring and review of the transfer of such funds and
associated information between and among the Coalition Provisional
Authority, other departments, agencies, and entities of the Federal
Government, and private and nongovernmental entities; and
(E) the maintenance of records on the use of such funds to
facilitate future audits and investigations of the use of such
funds.
(2) The Inspector General shall establish, maintain, and oversee
such systems, procedures, and controls as the Inspector General
considers appropriate to discharge the duty under paragraph (1).
(3) In addition to the duties specified in paragraphs (1) and (2),
the Inspector General shall also have the duties and responsibilities
of inspectors general under the Inspector General Act of 1978.
(4) In carrying out the duties, responsibilities, and authorities
of the Inspector General under this section, the Inspector General
shall coordinate with, and receive the cooperation of, the Inspector
General of the Department of Defense.
(5) In carrying out the duties, and responsibilities, and
authorities of the Inspector General under this section, the Inspector
General shall coordinate with, and receive the cooperation of the
Inspector General of the United States Agency for International
Development.
(g) Powers and Authorities.--(1) In carrying out the duties
specified in subsection (f), the Inspector General shall have the
authorities provided in section 6 of the Inspector General Act of 1978.
(2) The Inspector General shall carry out the duties specified in
subsection (f)(1) in accordance with section 4(b)(1) of the Inspector
General Act of 1978.
(h) Personnel, Facilities, and Other Resources.--(1) The Inspector
General may select, appoint, and employ such officers and employees as
may be necessary for carrying out the duties of the Inspector General,
subject to the provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions of chapter
51 and subchapter III of chapter 53 of such title, relating to
classification and General Schedule pay rates.
(2) The Inspector General may obtain services as authorized by
section 3109 of title 5, United States Code, at daily rates not to
exceed the equivalent rate prescribed for grade GS-15 of the General
Schedule by section 5332 of such title.
(3) To the extent and in such amounts as may be provided in advance
by appropriations Acts, the Inspector General my enter into contracts
and other arrangements for audits, studies, analyses, and other
services with public agencies and with private persons, and make such
payments as may be necessary to carry out the duties of the Inspector
General.
(4)(A) Upon request of the Inspector General for information or
assistance from any department, agency, or other entity of the Federal
Government, the head of such entity shall, insofar as is practicable
and not in contravention of any existing law, furnish such information
or assistance to the Inspector General, or an authorized designee.
(B) Whenever information or assistance requested by the Inspector
General is, in the judgment of the Inspector General, unreasonably
refused or not provided, the Inspector General shall report the
circumstances to the head of the Coalition Provisional Authority and to
the appropriate committees of Congress without delay.
(5) The head of the Coalition Provisional Authority shall provide
the Inspector General with appropriate and adequate office space at the
central and field office locations of the Coalition Provisional
Authority, together with such equipment, office supplies, and
communications facilities and services as may be necessary for the
operation of such offices, and shall provide necessary maintenance
services for such offices and the equipment and facilities located
therein.
(i) Reports.--(1) Not later than March 30, 2004, and every calendar
quarter thereafter, the Inspector General shall submit to the
appropriate committees of Congress a report summarizing the activities
of the Inspector General and the Coalition Provisional Authority during
the 120-day period ending on the date of such report. Each report shall
include, for the period covered by such report, a detailed statement of
all obligations, expenditures, and revenues associated with
reconstruction and rehabilitation activities in Iraq, including the
following:
(A) Obligations and expenditures of appropriated funds.
(B) A project-by-project and program-by-program accounting of
the costs incurred to date for the reconstruction of Iraq, together
with the estimate of the Coalition Provisional Authority of the
costs to complete each project and each program.
(C) Revenues attributable to or consisting of funds provided by
foreign nations or international organizations, and any obligations
or expenditures of such revenues.
(D) Revenues attributable to or consisting of foreign assets
seized or frozen, and any obligations or expenditures of such
revenues.
(E) Operating expenses of the Coalition Provisional Authority
and of any other agencies or entities receiving appropriated funds.
(F) In the case of any contract described in paragraph (2)--
(i) the amount of the contract or other agreement;
(ii) a brief discussion of the scope of the contract or
other agreement;
(iii) a discussion of how the Coalition Provisional
Authority identified, and solicited offers from, potential
contractors to perform the contract, together with a list of
the potential contractors that were issued solicitations for
the offers; and
(iv) the justification and approval documents on which was
based the determination to use procedures other than procedures
that provide for full and open competition.
(2) A contract described in this paragraph is any major contract or
other agreement that is entered into by the Coalition Provisional
Authority with any public or private sector entity for any of the
following purposes:
(A) To build or rebuild physical infrastructure of Iraq.
(B) To establish or reestablish a political or societal
institution of Iraq.
(C) To provide products or services to the people of Iraq.
(3) Not later than June 30, 2004, and semiannually thereafter, the
Inspector General shall submit to the appropriate committees of
Congress a report meeting the requirements of section 5 of the
Inspector General Act of 1978.
(4) The Inspector General shall publish each report under this
subsection in both English and Arabic on the Internet website of the
Coalition Provisional Authority.
(5) Each report under this subsection may include a classified
annex if the Inspector General considers it necessary.
(6) Nothing in this subsection shall be construed to authorize the
public disclosure of information that is--
(A) specifically prohibited from disclosure by any other
provision of law;
(B) specifically required by Executive order to be protected
from disclosure in the interest of national defense or national
security or in the conduct of foreign affairs; or
(C) a part of an ongoing criminal investigation.
(j) Report Coordination.--(1) The Inspector General shall also
submit each report under subsection (i) to the head of the Coalition
Provisional Authority.
(2)(A) Not later than 30 days after receipt of a report under
paragraph (1), the head of the Coalition Provisional Authority may
submit to the appropriate committees of Congress any comments on the
matters covered by the report as the head of the Coalition Provisional
Authority considers appropriate.
(B) A report under this paragraph may include a classified annex if
the head of the Coalition Provisional Authority considers it necessary.
(k) Transparency.--(1) Not later than 60 days after the date of the
submittal to Congress of a report under subsection (i), the head of the
Coalition Provisional Authority shall make copies of such report
available to the public upon request, and at a reasonable cost.
(2) Not later than 60 days after the date of the submittal to
Congress under subsection (j)(2) of comments on a report under
subsection (i), the head of the Coalition Provisional Authority shall
make copies of such comments available to the public upon request, and
at a reasonable cost.
(l) Waiver.--(1) The President may waive the requirement under
paragraph (1) or (3) of subsection (i) for the inclusion in a report
under such paragraph of any element otherwise provided for under such
paragraph if the President determines that the waiver is justified for
national security reasons.
(2) The President shall publish a notice of each waiver made under
this subsection in the Federal Register no later than the date on which
the reports required under paragraph (1) or (3) of subsection (i) are
submitted to Congress. The reports required under paragraph (1) or (3)
of subsection (i) shall specify whether waivers under this subsection
were made and with respect to which elements.
(m) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed Services, and
International Relations of the House of Representatives.
(n) Funding.--(1) Of the amounts appropriated for fiscal year 2004
for the Operating Expenses of the Coalition Provisional Authority in
title II of this Act, $75,000,000 shall be available to carry out this
section.
(2) The amount available under paragraph (1) shall remain available
until expended.
(o) The Office of Inspector General shall terminate 6 months after
the authorities and duties of the Coalition Provisional Authority cease
to exist.

TITLE IV--GENERAL PROVISIONS, THIS ACT

Sec. 4001. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 4002. The amounts provided in this Act are designated by the
Congress as an emergency requirement pursuant to section 502 of H. Con.
Res. 95 (108th Congress).
Sec. 4003. For purposes of computing the amount of a payment for an
eligible local educational agency under section 8003(a) of the
Elementary and Secondary Education Act (20 U.S.C. 7703(a)) for school
year 2003-2004, children enrolled in a school of such agency who would
otherwise be eligible to be claimed for payment under section
8003(a)(1)(B) of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole custody of
such children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside on
Federal property as described in section 8003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily
attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.
This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.