[108th Congress Public Law 106]
[From the U.S. Government Printing Office]
[DOCID: f:publ106.108]
[[Page 117 STAT. 1209]]
Public Law 108-106
108th Congress
An Act
Making emergency supplemental appropriations for defense and for the
reconstruction of Iraq and Afghanistan for the fiscal year ending
September 30, 2004, and for other purposes. <<NOTE: Nov. 6,
2003 - [H.R. 3289]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Emergency
Supplemental Appropriations Act for Defense and for the Reconstruction
of Iraq and Afghanistan, 2004.>> That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2004, and for
other purposes, namely:
TITLE I--NATIONAL SECURITY
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$12,858,870,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$816,100,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$753,190,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$3,384,700,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$23,997,064,000.
[[Page 117 STAT. 1210]]
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$1,956,258,000, of which up to $80,000,000 may be transferred to the
Department of Homeland Security for Coast Guard Operations.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,198,981,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $5,416,368,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $4,355,452,000, of which--
(1) not to exceed $15,000,000 may be used for the CINC
Initiative Fund account, to be used primarily in Iraq and
Afghanistan;
(2) $32,000,000 is only for the Family Advocacy Program; and
(3) not to exceed $1,150,000,000, to remain available until
expended, may be used, notwithstanding any other provision of
law, for payments to reimburse Pakistan, Jordan, and other key
cooperating nations, for logistical and military support
provided, or to be provided, to United States military
operations in connection with military action in Iraq and the
global war on terrorism: Provided, <<NOTE: Notification.>> That
such payments may be made in such amounts as the Secretary of
Defense, with the concurrence of the Secretary of State, and in
consultation with the Director of the Office of Management and
Budget, may determine, in his discretion, based on documentation
determined by the Secretary of Defense to adequately account for
the support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate
congressional committees: Provided
further, <<NOTE: Reports.>> That the Secretary of Defense shall
provide quarterly reports to the Committees on Appropriations on
the use of these funds.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $16,000,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $53,000,000.
[[Page 117 STAT. 1211]]
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $214,000,000.
Overseas Humanitarian, Disaster, and Civic Aid
For an additional amount for ``Overseas Humanitarian, Disaster, and
Civic Aid'', $35,500,000.
Iraq Freedom Fund
For ``Iraq Freedom Fund'', $1,988,600,000, to remain available for
transfer until September 30, 2005, for the purposes authorized under
this heading in Public Law 108-11: Provided, That the Secretary of
Defense may transfer the funds provided herein to appropriations for
military personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; military construction; the Defense
Health Program; and working capital funds: Provided further, That funds
transferred shall be merged with and be available for the same purposes
and for the same time period as the appropriation or fund to which
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, <<NOTE: Notification.>> That the
Secretary of Defense shall, not fewer than 5 days prior to making
transfers from this appropriation, notify the congressional defense
committees in writing of the details of any such transfer:
Provided <<NOTE: Reports. Deadline.>> further, That the Secretary shall
submit a report no later than 30 days after the end of each fiscal
quarter to the congressional defense committees summarizing the details
of the transfer of funds from this appropriation: Provided further, That
not less than $62,100,000 shall be transferred to ``Other Procurement,
Army'' for the procurement of Up-armored High Mobility Multipurpose
Wheeled Vehicles and associated equipment: Provided further, That
$10,000,000 shall be for the Family Readiness Program of the National
Guard.
PROCUREMENT
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $101,600,000, to remain available until
September 30, 2006.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,143,687,000, to remain available until September 30, 2006.
[[Page 117 STAT. 1212]]
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$158,600,000, to remain available until September 30, 2006.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$76,357,000, to remain available until September 30, 2006.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$123,397,000, to remain available until September 30, 2006.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$53,972,000, to remain available until September 30, 2006.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$20,450,000, to remain available until September 30, 2006.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$3,438,006,000, to remain available until September 30, 2006.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$418,635,000, to remain available until September 30, 2006.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $34,000,000, to remain available until September 30,
2005.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $39,070,000, to remain available until
September 30, 2005.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $260,817,000, to remain available until
September 30, 2005.
[[Page 117 STAT. 1213]]
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$600,000,000.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift Fund'',
$24,000,000, to remain available until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$658,380,000 for Operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $73,000,000: Provided, That these funds may be
used only for such activities related to Afghanistan: Provided further,
That the Secretary of Defense may transfer the funds provided herein
only to appropriations for military personnel; operation and
maintenance; procurement; and research, development, test and
evaluation: Provided further, That the funds transferred shall be merged
with and be available for the same purposes and for the same time
period, as the appropriation to which transferred: Provided further,
That the transfer authority provided in this paragraph is in addition to
any other transfer authority available to the Department of Defense.
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for ``Intelligence Community Management
Account'', $21,500,000, to remain available until September 30, 2005; of
which $3,000,000 may be transferred to and merged with the Department of
Energy, ``Other Defense Activities'', and $15,500,000 may be transferred
to and merged with the Federal Bureau of Investigation, ``Salaries and
Expenses''.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1101. Upon his determination that such action is necessary in
the national interest, the Secretary of Defense may transfer between
appropriations up to $3,000,000,000 of the funds made available to the
Department of Defense in this chapter:
<<NOTE: Notification.>> Provided, That the Secretary shall notify the
Congress promptly of each transfer made pursuant to this authority:
Provided further, That
[[Page 117 STAT. 1214]]
the transfer authority provided in this section is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That the authority in this section is subject to the
same terms and conditions as the authority provided in section 8005 of
the Department of Defense Appropriations Act, 2004, except for the
fourth proviso.
Sec. 1102. Funds appropriated in this Act, or made available by the
transfer of funds in or pursuant to this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
Sec. 1103. Sections 1318 and 1319 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat.
571), shall remain in effect during fiscal year 2004.
Sec. 1104. <<NOTE: Effective date. Termination date. 37 USC 310
note.>> From October 1, 2003, through September 30, 2004, (a) the rates
of pay authorized by section 310(a) of title 37, United States Code,
shall be $225; and (b) the rates of pay authorized by section 427(a)(1)
of title 37, United States Code, shall be $250.
Sec. 1105. Defense Emergency Response Fund Close-Out Authority.--(a)
Section 1313 of the Emergency Wartime Supplemental Appropriations Act,
2003 (Public Law 108-11; 117 Stat. 569), is amended by inserting
``unobligated'' before ``balances''.
(b) <<NOTE: Effective date.>> Effective November 1, 2003,
adjustments to obligations that before such date would have been
properly chargeable to the Defense Emergency Response Fund shall be
charged to any current appropriations account of the Department of
Defense available for the same purpose.
Sec. 1106. During the current fiscal year, funds available to the
Department of Defense for operation and maintenance may be used,
notwithstanding any other provision of law, to provide supplies,
services, transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military and stability
operations in Iraq: Provided, <<NOTE: Reports.>> That the Secretary of
Defense shall provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 1107. Notwithstanding any other provision of law, from funds
made available in this Act to the Department of Defense under
``Operation and Maintenance, Defense-Wide'', not to exceed $150,000,000
may be used by the Secretary of Defense, with the concurrence of the
Secretary of State, to provide assistance only to the New Iraqi Army and
the Afghan National Army to enhance their capability to combat terrorism
and to support U.S. military operations in Iraq and Afghanistan:
Provided, That such assistance may include the provision of equipment,
supplies, services, training and funding: Provided further, That the
authority to provide assistance under this section is in addition to any
other authority to provide assistance to foreign nations: Provided
further, <<NOTE: Notification.>> That the Secretary of Defense shall
notify the congressional defense committees not less than 15 days before
providing assistance under the authority of this section.
Sec. 1108. None of the funds provided in this chapter may be used to
finance programs or activities denied by Congress in fiscal year 2004
appropriations to the Department of Defense or to initiate a procurement
or research, development, test and evaluation new start program without
prior notification to the congressional defense committees.
[[Page 117 STAT. 1215]]
Sec. 1109. In addition to amounts made available elsewhere in this
Act, there is hereby appropriated to the Department of Defense
$313,000,000, to be used only for recovery and repair of damage due to
natural disasters including Hurricane Isabel, to be distributed as
follows:
``Operation and Maintenance, Army'', $47,100,000;
``Operation and Maintenance, Navy'', $87,600,000;
``Operation and Maintenance, Marine Corps'', $6,700,000;
``Operation and Maintenance, Air Force'', $169,300,000; and
``Other Procurement, Air Force'', $2,300,000.
Sec. 1110. During the current fiscal year, from funds made available
in this Act to the Department of Defense for operation and maintenance,
not to exceed $180,000,000 may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response Program,
established by the Administrator of the Coalition Provisional Authority
for the purpose of enabling military commanders in Iraq to respond to
urgent humanitarian relief and reconstruction requirements within their
areas of responsibility by carrying out programs that will immediately
assist the Iraqi people, and to establish and fund a similar program to
assist the people of Afghanistan: Provided, <<NOTE: Reports.>> That the
Secretary of Defense shall provide quarterly reports, beginning on
January 15, 2004, to the congressional defense committees regarding the
source of funds and the allocation and use of funds made available
pursuant to the authority provided in this section.
Sec. 1111. <<NOTE: Deadline. Reports. enhancements to exemption for
members with combat-related injuries from requirement for payment of
subsistence charges while hospitalized>> Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report describing an
Analysis of Alternatives for replacing the capabilities of the existing
Air Force fleet of KC-135 tanker aircraft.
Sec. 1112. (a) Exemption Made Permanent.--Subsection (c) of section
1075 of title 10, United States Code (as added by section 8146(a)(2) of
the Department of Defense Appropriations Act, 2004 (Public Law 108-
87)), <<NOTE: Ante, p. 1109.>> is repealed.
(b) Retroactivity.--Subsection (b) of section 8146 of the Department
of Defense Appropriations Act, 2004 (Public Law 108-87), <<NOTE: Ante,
p. 1109.>> is amended to read as follows:
``(b) <<NOTE: Applicability.>> Effective Date.--(1) Subsection
(b)(2) of section 1075 of title 10, United States Code, as added by
subsection (a), shall apply with respect to any period of
hospitalization on or after September 11, 2001, because of an injury
covered by that subsection that is incurred on or after that date.
``(2) The Secretary concerned (as defined in section 101 of title
37, United States Code) shall take such action as necessary to implement
paragraph (1), including--
``(A) refunding any amount previously paid under section
1075 of title 10, United States Code, by a person who, by reason
of paragraph (1), is not required to make such payment; and
``(B) waiving recovery of any unpaid amount for which a
person has previously been charged under that section and which
that person, by reason of paragraph (1), is not required to
pay.''.
[[Page 117 STAT. 1216]]
Sec. 1113. None of the funds available to the Department of Defense
may be obligated to implement any action which alters the command
responsibility or permanent assignment of forces until 270 days after
such plan has been provided to the congressional defense committees.
Sec. 1114. Section 1074a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(f)(1) At any time after the Secretary concerned notifies members
of the Ready Reserve that the members are to be called or ordered to
active duty, the administering Secretaries may provide to each such
member any medical and dental screening and care that is necessary to
ensure that the member meets the applicable medical and dental standards
for deployment.
``(2) <<NOTE: Notification.>> The Secretary concerned shall promptly
transmit to each member of the Ready Reserve eligible for screening and
care under this subsection a notification of eligibility for such
screening and care.
``(3) A member provided medical or dental screening or care under
paragraph (1) may not be charged for the screening or care.
``(4) Screening and care may not be provided under this section
after September 30, 2004.''.
Sec. 1115. (a) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076a the following new section:
``Sec. 1076b. TRICARE program: coverage for members of the Ready Reserve
``(a) Eligibility.--Each member of the Selected Reserve of the Ready
Reserve and each member of the Individual Ready Reserve described in
section 10144(b) of this title is eligible, subject to subsection (h),
to enroll in TRICARE and receive benefits under such enrollment for any
period that the member--
``(1) is an eligible unemployment compensation recipient; or
``(2) is not eligible for health care benefits under an
employer-sponsored health benefits plan.
``(b) Types of Coverage.--(1) A member eligible under subsection (a)
may enroll for either of the following types of coverage:
``(A) Self alone coverage.
``(B) Self and family coverage.
``(2) An enrollment by a member for self and family covers the
member and the dependents of the member who are described in
subparagraph (A), (D), or (I) of section 1072(2) of this title.
``(c) Open Enrollment Periods.--The Secretary of Defense shall
provide for at least one open enrollment period each year. During an
open enrollment period, a member eligible under subsection (a) may
enroll in the TRICARE program or change or terminate an enrollment in
the TRICARE program.
``(d) Scope of Care.--(1) A member and the dependents of a member
enrolled in the TRICARE program under this section shall be entitled to
the same benefits under this chapter as a member of the uniformed
services on active duty or a dependent of such a member, respectively.
``(2) <<NOTE: Applicability.>> Section 1074(c) of this title shall
apply with respect to a member enrolled in the TRICARE program under
this section.
``(e) Premiums.--(1) The Secretary of Defense shall charge premiums
for coverage pursuant to enrollments under this section.
[[Page 117 STAT. 1217]]
The Secretary shall prescribe for each of the TRICARE program options a
premium for self alone coverage and a premium for self and family
coverage.
``(2) The monthly amount of the premium in effect for a month for a
type of coverage under this section shall be the amount equal to 28
percent of the total amount determined by the Secretary on an
appropriate actuarial basis as being reasonable for the coverage.
``(3) The premiums payable by a member under this subsection may be
deducted and withheld from basic pay payable to the member under section
204 of title 37 or from compensation payable to the member under section
206 of such title. <<NOTE: Procedures.>> The Secretary shall prescribe
the requirements and procedures applicable to the payment of premiums by
members not entitled to such basic pay or compensation.
``(4) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subparagraph (B) of such section for such
fiscal year.
``(f) Other Charges.--A person who receives health care pursuant to
an enrollment in a TRICARE program option under this section, including
a member who receives such health care, shall be subject to the same
deductibles, copayments, and other nonpremium charges for health care as
apply under this chapter for health care provided under the same TRICARE
program option to dependents described in subparagraph (A), (D), or (I)
of section 1072(2) of this title.
``(g) Termination of Enrollment.--(1) A member enrolled in the
TRICARE program under this section may terminate the enrollment only
during an open enrollment period provided under subsection (c), except
as provided in subsection (h).
``(2) An enrollment of a member for self alone or for self and
family under this section shall terminate on the first day of the first
month beginning after the date on which the member ceases to be eligible
under subsection (a).
``(3) The enrollment of a member under this section may be
terminated on the basis of failure to pay the premium charged the member
under this section.
``(h) Relationship to Transition TRICARE Coverage Upon Separation
From Active Duty.--(1) A member may not enroll in the TRICARE program
under this section while entitled to transitional health care under
subsection (a) of section 1145 of this title or while authorized to
receive health care under subsection (c) of such section.
``(2) A member who enrolls in the TRICARE program under this section
within 90 days after the date of the termination of the member's
entitlement or eligibility to receive health care under subsection (a)
or (c) of section 1145 of this title may terminate the enrollment at any
time within one year after the date of the enrollment.
``(i) Certification of Noncoverage by Other Health Benefits Plan.--
The Secretary of Defense may require a member to submit any
certification that the Secretary considers appropriate to substantiate
the member's assertion that the member is not
[[Page 117 STAT. 1218]]
covered for health care benefits under any other health benefits plan.
``(j) Eligible Unemployment Compensation Recipient Defined.--In this
section, the term `eligible unemployment compensation recipient' means,
with respect to any month, any individual who is determined eligible for
any day of such month for unemployment compensation under State law (as
defined in section 205(9) of the Federal-State Extended Unemployment
Compensation Act of 1970), including Federal unemployment compensation
laws administered through the State.
``(k) Regulations.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall prescribe regulations for the
administration of this section.
``(l) Termination of Authority.--An enrollment in TRICARE under this
section may not continue after September 30, 2004.''.
(b) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1076a the
following new item:
``1076b. TRICARE program: coverage for members of the Ready Reserve.''.
Sec. 1116. Section 1074 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d)(1) For the purposes of this chapter, a member of a reserve
component of the armed forces who is issued a delayed-effective-date
active-duty order, or is covered by such an order, shall be treated as
being on active duty for a period of more than 30 days beginning on the
later of the date that is--
``(A) the date of the issuance of such order; or
``(B) 90 days before date on which the period of active duty
is to commence under such order for that member.
``(2) In this subsection, the term `delayed-effective-date active-
duty order' means an order to active duty for a period of more than 30
days in support of a contingency operation under a provision of law
referred to in section 101(a)(13)(B) of this title that provides for
active-duty service to begin under such order on a date after the date
of the issuance of the order.
``(3) <<NOTE: Termination date.>> This section shall cease to be
effective on September 30, 2004.''.
Sec. 1117. <<NOTE: 10 USC 1145 note.>> (a) Subject to subsection
(b), during the period beginning on the date of the enactment of this
Act and ending on September 30, 2004, section 1145(a) of title 10,
United States Code, shall be administered by substituting for paragraph
(3) the following:
``(3) Transitional health care for a member under subsection (a)
shall be available for 180 days beginning on the date on which the
member is separated from active duty.''.
(b)(1) <<NOTE: Applicability.>> Subsection (a) shall apply with
respect to separations from active duty that take effect on or after the
date of the enactment of this Act.
(2) <<NOTE: Effective date.>> Beginning on October 1, 2004, the
period for which a member is provided transitional health care benefits
under section 1145(a) of title 10, United States Code, shall be adjusted
as necessary to comply with the limits provided under paragraph (3) of
such section.
Sec. 1118. <<NOTE: Notification.>> (a) At the time members of
reserve components of the Armed Forces are called or ordered to active
duty under Section 12302(a) of title 10, United States Code, each member
[[Page 117 STAT. 1219]]
shall be notified in writing of the expected period during which the
member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.
Sec. 1119. <<NOTE: Applicability.>> The authority to utilize funds
appropriated for fiscal year 2003 for purposes provided by the first
clause of section 1314(1) of Public Law 108-11, shall apply to the
utilization of available funds appropriated for fiscal year 2004 for
such purposes.
Sec. 1120. <<NOTE: Deadline. Reports. 10 USC 113 note.>> (a) Not
later than April 30 and October 31 of each year, the Secretary of
Defense shall submit to Congress a report on the military operations of
the Armed Forces and the reconstruction activities of the Department of
Defense in Iraq and Afghanistan.
(b) Each report shall include the following information:
(1) For each of Iraq and Afghanistan for the half-fiscal
year ending during the month preceding the due date of the
report, the amount expended for military operations of the Armed
Forces and the amount expended for reconstruction activities,
together with the cumulative total amounts expended for such
operations and activities.
(2) An assessment of the progress made toward preventing
attacks on United States personnel.
(3) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the readiness of the Armed
Forces.
(4) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the recruitment and
retention of personnel for the Armed Forces.
(5) For the half-fiscal year ending during the month
preceding the due date of the report, the costs incurred for
repair of Department of Defense equipment used in the operations
and activities in Iraq and Afghanistan.
(6) The foreign countries, international organizations, and
nongovernmental organizations that are contributing support for
the ongoing military operations and reconstruction activities,
together with a discussion of the amount and types of support
contributed by each during the half-fiscal year ending during
the month preceding the due date of the report.
(7) The extent to which, and the schedule on which, the
Selected Reserve of the Ready Reserve of the Armed Forces is
being involuntarily ordered to active duty under section 12304
of title 10, United States Code.
(8) For each unit of the National Guard of the United States
and the other reserve components of the Armed Forces on active
duty pursuant to an order to active duty under section 12304 of
title 10, United States Code, the following information:
(A) The unit.
(B) The projected date of return of the unit to its
home station.
(C) The extent (by percentage) to which the forces
deployed within the United States and outside the United
States in support of a contingency operation are
composed of reserve component forces.
[[Page 117 STAT. 1220]]
Sec. 1121. In addition to amounts made available elsewhere in this
Act, there is hereby appropriated to the Department of Defense
$100,000,000, for ``Operation and Maintenance, Army'': Provided, That
these funds are available only for the purpose of securing and
destroying conventional munitions in Iraq, such as bombs, bomb
materials, small arms, rocket propelled grenades, and shoulder-launched
missiles.
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
United States Coast Guard
For an additional amount for ``Operating Expenses'', $23,183,000,
for costs related to Hurricane Isabel damage.
Emergency Preparedness and Response
For an additional amount for ``Disaster Relief'', $500,000,000, to
remain available until expended.
GENERAL PROVISION, THIS CHAPTER
Sec. 1201. <<NOTE: Effective date.>> Effective upon the enactment of
the Project BioShield Act of 2003, the Department of Homeland Security
Appropriations Act, 2004 (Public Law 108-90) <<NOTE: Ante, p. 1148.>> is
amended under the heading ``Biodefense Countermeasures'' by striking
``securing medical countermeasures against biological terror attacks''
and inserting the following: ``procuring security countermeasures under
section 319F-2(c) of the Public Health Service Act, as authorized under
section 510(a) of the Homeland Security Act of 2002''.
CHAPTER 3
MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$162,100,000, to remain available until September 30, 2008: Provided,
That notwithstanding any other provision of law, such funds may be
obligated or expended to carry out planning and design and military
construction projects not otherwise authorized by law.
Military Construction, Navy
For an additional amount for ``Military Construction, Navy'',
$45,530,000, to remain available until September 30, 2008: Provided,
That notwithstanding any other provision of law, such funds may be
obligated or expended to carry out military construction projects not
otherwise authorized by law.
[[Page 117 STAT. 1221]]
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$292,550,000, to remain available until September 30, 2008: Provided,
That notwithstanding any other provision of law, such funds may be
obligated or expended to carry out planning and design and military
construction projects not otherwise authorized by law.
Family Housing Operation and Maintenance, Army
For an additional amount for ``Family Housing Operation and
Maintenance, Army'', $11,420,000.
Family Housing Operation and Maintenance, Navy and Marine Corps
For an additional amount for ``Family Housing Operation and
Maintenance, Navy and Marine Corps'', $6,280,000.
Family Housing Operation and Maintenance, Air Force
For an additional amount for ``Family Housing Operation and
Maintenance, Air Force'', $6,981,000.
GENERAL PROVISION, THIS CHAPTER
Sec. 1301. (a) Temporary Authority To Use Operation and Maintenance
Funds for Military Construction Projects.--During fiscal year 2004, the
Secretary of Defense may use this section as authority to obligate
appropriated funds available for operation and maintenance to carry out
a construction project outside the United States that the Secretary
determines meets each of the following conditions:
(1) The construction is necessary to meet urgent military
operational requirements of a temporary nature involving the use
of the Armed Forces in support of Operation Iraqi Freedom or the
Global War on Terrorism.
(2) The construction is not carried out at a military
installation where the United States is reasonably expected to
have a long-term presence.
(3) The United States has no intention of using the
construction after the operational requirements have been
satisfied.
(4) The level of construction is the minimum necessary to
meet the temporary operational requirements.
(b) Limitation on Use of Authority.--The total cost of the
construction projects carried out under the authority of this section
using, in whole or in part, appropriated funds available for operation
and maintenance shall not exceed $150,000,000 in fiscal year 2004.
(c) <<NOTE: Deadline.>> Notifications of Obligations of Funds.--
Within fifteen days after the date on which appropriated funds available
for operation and maintenance are first obligated for a construction
project under subsection (a), the Secretary of Defense shall submit to
the Congressional defense committees notice of the obligation of funds
and the construction project. The notice shall include the following:
(1) Certification that the conditions specified in
subsection (a) are satisfied with regard to the construction
project.
[[Page 117 STAT. 1222]]
(2) A description of the purpose for which appropriated
funds available for operation and maintenance are being
obligated.
(3) Relevant documentation detailing the construction
project.
(4) The total amount obligated for the construction.
(d) <<NOTE: Deadline.>> Quarterly Report.--(1) Not later than 30
days after the end of each fiscal-year quarter of fiscal year 2004, the
Secretary of Defense shall submit to the congressional committees
specified in subsection (f) a report on the worldwide obligation and
expenditure during that quarter of appropriated funds available for
operation and maintenance for construction projects.
(2) The report shall include with regard to each project the
following:
(A) Certification that the conditions specified in
subsection (a) are satisfied with regard to the construction
project.
(B) A description of the purpose for which appropriated
funds available for operation and maintenance are being
obligated.
(C) Relevant documentation detailing the construction
project.
(D) An estimate of the total cost of the construction
project.
(E) The total amount obligated for the construction project
as of the date of the submission of the report.
(e) Relation to Other Authorities.--The temporary authority provided
by this section, and the limited authority provided by section 2805(c)
of title 10, United States Code, to use appropriated funds available for
operation and maintenance to carry out a construction project are the
only authorities available to the Secretary of Defense and the
Secretaries of the military departments to use appropriated funds
available for operation and maintenance to carry out construction
projects.
(f) Congressional Committees.--The congressional committees referred
to in this section are the following:
(1) The Committee on Armed Services and the Subcommittees on
Defense and Military Construction of the Committee on
Appropriations of the Senate.
(2) The Committee on Armed Services and the Subcommittees on
Defense and Military Construction of the Committee on
Appropriations of the House of Representatives.
TITLE II--IRAQ AND AFGHANISTAN RECONSTRUCTION AND INTERNATIONAL
ASSISTANCE
CHAPTER 1
DEPARTMENT OF JUSTICE
Legal Activities
For necessary expenses for ``Salaries and Expenses, General Legal
Activities'', $15,000,000.
[[Page 117 STAT. 1223]]
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
For necessary expenses for ``Diplomatic and Consular Programs'',
$156,300,000, of which $35,800,000 shall remain available until
September 30, 2006.
Of the funds appropriated under this heading in the Emergency
Wartime Supplemental Appropriations Act, 2003, $35,800,000 are
rescinded.
For necessary expenses for ``Embassy Security, Construction, and
Maintenance'', $43,900,000, to remain available until expended:
Provided, That funds provided under this heading do not include
facilities requirements specific to the United States Agency for
International Development, which are provided under the heading ``United
States Agency for International Development, Operating Expenses of the
United States Agency for International Development''.
For necessary expenses for ``Emergencies in the Diplomatic and
Consular Service'', $115,500,000, to remain available until expended,
which may be transferred to, and merged with, the appropriations for
``Diplomatic and Consular Programs'': Provided, That of the funds made
available under this heading, $65,500,000 may be transferred to, and
merged with, the appropriations for ``Protection of Foreign Missions and
Officials''; of which $32,000,000 is for the reimbursement of the City
of New York for costs associated with the protection of foreign missions
and officials during the heightened state of alert following the
September 11, 2001, terrorist attacks on the United States; of which
$8,500,000 is for costs associated with the 2003 Free Trade Area of the
Americas Ministerial meeting; and of which $25,000,000 is for costs
associated with the 2004 Summit of the Industrialized Nations
notwithstanding the limitations of 3 U.S.C. 202(10): Provided
further, <<NOTE: Sierra Leone.>> That of the funds previously
appropriated under this heading, $2,000,000 is for rewards for an
indictee of the Special Court for Sierra Leone: Provided further, That
any transfer of funds provided under this heading shall be treated as a
reprogramming of funds under section 605 of Public Law 108-7.
International Organizations
For necessary expenses for ``Contributions for International
Peacekeeping Activities'', $245,000,000, to remain available until
expended.
[[Page 117 STAT. 1224]]
RELATED AGENCY
Broadcasting Board of Governors
For necessary expenses for ``International Broadcasting
Operations'', for activities related to the Middle East Television
Network broadcasting to Iraq, $40,000,000.
GENERAL PROVISION--THIS CHAPTER
Sec. 2101. Funds appropriated under this chapter for the
Broadcasting Board of Governors and the Department of State may be
obligated and expended notwithstanding section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995, and section 15
of the State Department Basic Authorities Act of 1956, as amended.
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
United States Agency for International Development
Operating Expenses of the United States Agency for International
Development
For an additional amount for ``Operating Expenses of the United
States Agency for International Development'', $38,100,000, for direct
support of operations in Afghanistan, to remain available until
September 30, 2005.
In addition, for direct support of operations in Iraq, $1,900,000,
which shall be transferred to and merged with ``Operating Expenses of
the United States Agency for International Development Office of
Inspector General'' for financial and performance audits of the Iraq
Relief and Reconstruction Fund and other assistance to Iraq, to remain
available until September 30, 2005.
For an additional amount for ``Capital Investment Fund'',
$16,600,000, to remain available until expended: Provided, That the
Administrator of the United States Agency for International Development
shall assess fair and reasonable rental payments for the use of space by
employees of other United States Government agencies in buildings
constructed using funds appropriated under this heading, and such rental
payments shall be deposited into this account as an offsetting
collection: Provided further, <<NOTE: Notification.>> That the rental
payments collected pursuant to the previous proviso and deposited as an
offsetting collection shall be available for obligation only pursuant to
the regular notification procedures of the Committees on Appropriations.
[[Page 117 STAT. 1225]]
OTHER BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to carry out the purposes of the Foreign
Assistance Act of 1961, for security, relief, rehabilitation and
reconstruction in Iraq, $18,649,000,000, to remain available until
September 30, 2006, to be allocated as follows: $3,243,000,000 for
security and law enforcement; $1,318,000,000 for justice, public safety
infrastructure, and civil society, of which $100,000,000 shall be made
available for democracy building activities, and of which $10,000,000
shall be made available to the United States Institute for Peace for
activities supporting peace enforcement, peacekeeping and post-conflict
peacebuilding; $5,560,000,000 for the electric sector; $1,890,000,000
for oil infrastructure; $4,332,000,000 for water resources and
sanitation; $500,000,000 for transportation and telecommunications;
$370,000,000 for roads, bridges, and construction; $793,000,000 for
health care; $153,000,000 for private sector development; and
$280,000,000 for education, refugees, human rights, and governance:
Provided, That the President may reallocate up to 10 percent of any of
the preceding allocations, except that the total for the allocation
receiving such funds may not be increased by more than 20 percent:
Provided further, That the President may increase one such allocation
only by up to an additional 20 percent in the event of unforeseen or
emergency circumstances: Provided further, <<NOTE: Notification.>> That
such reallocations shall be subject to the regular notification
procedures of the Committees on Appropriations and section 634A of the
Foreign Assistance Act of 1961 and notifications shall be transmitted at
least 15 days in advance of the obligation of funds: Provided further,
That funds appropriated under this heading shall be apportioned only to
the Coalition Provisional Authority in Iraq (in its capacity as an
entity of the United States Government), the Department of State, the
Department of Health and Human Services, the Department of Treasury, the
Department of Defense, and the United States Agency for International
Development: Provided further, That upon a determination that all or
part of the funds so transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That of the
amount appropriated in this paragraph, not less than $6,000,000 shall be
made available for administrative expenses of the Department of State
Bureau of International Narcotics Control and Law Enforcement Affairs
and not less than $29,000,000 shall be made available for administrative
expenses of the United States Agency for International Development for
support of the reconstruction activities in Iraq: Provided further, That
of the funds appropriated under this heading, up to 10 percent of such
funds that are obligated, managed, or administered by an agency of the
United States Government, other than the Coalition Provisional
Authority, shall be made available to such agency to fully pay for its
administrative expenses: Provided further, <<NOTE: Notification.>> That
up to 1 percent of the amount appropriated in this paragraph may be
transferred to ``Operating Expenses of the Coalition Provisional
Authority'', and that any such transfer shall be in accordance
[[Page 117 STAT. 1226]]
with the regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act of 1961:
Provided further, That funds appropriated under this heading shall be
used to protect and promote public health and safety, including for the
arrest, detention and prosecution of criminals and terrorists: Provided
further, That of the funds appropriated under this heading, assistance
shall be made available for Iraqi civilians who have suffered losses as
a result of military operations: Provided further, That contributions of
funds for the purposes provided herein from any person, foreign
government, or international organization, may be credited to this Fund
and used for such purposes: Provided further, That the Administrator of
the Coalition Provisional Authority shall seek to ensure that programs,
projects and activities funded under this heading, comply fully with
USAID's ``Policy Paper: Disability'' issued on September 12, 1997:
Provided further, That the Coalition Provisional Authority shall work,
in conjunction with relevant Iraqi officials, to ensure that a new Iraqi
constitution preserves full rights to religious freedom and tolerance of
all faiths: Provided further, That of the funds appropriated under this
heading, $100,000,000 shall be transferred to and consolidated with
funds appropriated by this Act for ``Economic Support Fund'' for
assistance for Jordan, $100,000,000 of such funds shall be transferred
to and consolidated with funds appropriated by this Act for
``International Disaster and Famine Assistance'' for assistance for
Liberia, and $10,000,000 of such funds shall be transferred to and
consolidated with funds appropriated by this Act for ``International
Disaster and Famine Assistance'' for assistance for Sudan.
Operating Expenses of the Coalition Provisional Authority
For necessary expenses of the Coalition Provisional Authority in
Iraq, established pursuant to United Nations Security Council
resolutions including Resolution 1483, for personnel costs,
transportation, supply, equipment, facilities, communications, logistics
requirements, studies, physical security, media support, promulgation
and enforcement of regulations, and other activities needed to oversee
and manage the relief and reconstruction of Iraq and the transition to
democracy, $933,000,000, to remain available until September 30, 2005:
Provided, That the appropriation of funds under this heading shall not
be construed to limit or otherwise affect the ability of the Department
of Defense to furnish assistance and services, and any other support, to
the Coalition Provisional Authority.
In addition, $50,000,000, to remain available until September 30,
2005, to be used to fulfill the reporting and monitoring requirements of
this Act and for the preparation and maintenance of public records
required by this Act.
Economic Support Fund
For an additional amount for ``Economic Support Fund'',
$872,000,000, to remain available until December 31, 2004: Provided,
That not less than $672,000,000 is available only for accelerated
assistance for Afghanistan: Provided further, That these funds are
available notwithstanding section 660 of the Foreign Assistance Act of
1961, and section 620(q) of that Act or any comparable provision of law:
Provided further, That these funds may be used
[[Page 117 STAT. 1227]]
for activities related to disarmament, demobilization, and reintegration
of militia combatants, including registration of such combatants,
notwithstanding section 531(e) of the Foreign Assistance Act of 1961:
Provided further, That the obligation of funds made available by this
Act or any prior appropriations Act for the purpose of deploying and
supporting senior advisors to the United States Chief of Mission in
Kabul, Afghanistan, is subject to the regular reprogramming and
notification procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961: Provided further, That
$60,000,000 should be made available for assistance for Afghan women and
girls and $5,000,000 shall be made available for the Afghan Independent
Human Rights Commission: Provided further, That not less than $8,000,000
is available only for the provision of adequate dedicated air transport
and support for civilian personnel at provincial reconstruction team
sites: Provided further, That upon the receipt by the Speaker of the
House of Representatives and the President of the Senate of a
determination by the President that the Government of Pakistan is
cooperating with the United States in the global war on terrorism, not
to exceed $200,000,000 appropriated under this heading may be used for
the costs, as defined in section 502 of the Congressional Budget Act of
1974, of modifying direct loans and guarantees for Pakistan: Provided
further, That amounts that are made available under the previous proviso
for the cost of modifying direct loans and guarantees shall not be
considered ``assistance'' for the purposes of provisions of law limiting
assistance to a country.
International Disaster and Famine Assistance
For necessary expenses for International Disaster and Famine
Assistance utilizing the general authorities of section 491 of the
Foreign Assistance Act of 1961, to respond to or prevent unforeseen
complex foreign crises in Liberia and Sudan, $110,000,000, and by
transfer not to exceed 0.5 percent of the funds appropriated under any
other heading in this chapter, to remain available to the Secretary of
State until September 30, 2005: Provided, That funds appropriated under
this heading may be made available only pursuant to a determination by
the President, after consultation with the appropriate congressional
committees, that it is in the national interest and essential to efforts
to reduce international terrorism to furnish assistance on such terms
and conditions as he may determine for such purposes, including support
for peace and humanitarian intervention operations: Provided further,
That none of these funds shall be available to respond to natural
disasters: Provided further, <<NOTE: Notification.>> That funds made
available under this heading to respond to or prevent unforeseen complex
foreign crises shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That not less
than $100,000,000 of the funds appropriated under this heading shall be
made available for assistance for Liberia.
[[Page 117 STAT. 1228]]
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $170,000,000, to remain available until December 31,
2004, for accelerated assistance for Afghanistan.
Nonproliferation, Anti-Terrorism, Demining and Related Programs
For an additional amount for ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', $35,000,000, for accelerated assistance
for Afghanistan.
MILITARY ASSISTANCE
Funds Appropriated to the President
Foreign Military Financing Program
For an additional amount for the ``Foreign Military Financing
Program'', $287,000,000, for accelerated assistance for Afghanistan.
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$50,000,000, to support the global war on terrorism.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 2201. None of the funds appropriated by this Act or any
unexpended funds provided in Public Law 108-11 may be used to repay, in
whole or in part, principal or interest on any loan or guarantee
agreement entered into by the Government of Iraq with any private or
public sector entity including with the government of any country
(including any agency of such government or any entity owned in whole or
in part by the government of such country) or with any international
financial institution, prior to May 1, 2003: Provided, That for the
purpose of this section, the term ``international financial
institution'' shall mean those institutions contained in section 530(b)
of division E of Public Law 108-7.
Sec. 2202 (a) Notwithstanding any other provision of law, none of
the funds appropriated by this Act under the heading ``Iraq Relief and
Reconstruction Fund'' and under the same heading in Public Law 108-11
may be used for entering into any Federal contract (including follow-on
contract) using other than full and open competition, except in
accordance with the Federal Property and Administrative Procedures Act
(41 U.S.C. 251 et seq.), and any exception, if deemed necessary, shall
be only upon the written approval of the Administrator of the Coalition
Provisional Authority and the head of the executive agency of the United
States awarding and managing such contract and such authority shall not
be delegated.
<<NOTE: Contracts. Deadline. Notification.>> (b) In any case in
which procedures other than full and open competitive procedures are to
be used to enter into a contract, the Administrator of the Coalition
Provisional Authority or the
[[Page 117 STAT. 1229]]
head of such executive agency of the United States shall submit not
later than 7 calendar days before the award of the contract a
notification to the Committees on Appropriations, and the Committees on
Government Reform and International Relations of the House of
Representatives, and the Committees on Governmental Affairs and Foreign
Relations of the Senate. Such notification shall provide the
justification for use of other than full and open competitive
procedures, a brief description of the contract's scope, the amount of
the contract, a discussion of how the contracting agency identified and
solicited offers from contractors, a list of the contractors solicited,
and the justification and approval documents (as required under section
303(f)(1) of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253(f)(1)) on which was based the determination of use
of procedures other than full and open competitive procedures.
(c)(1) This section shall not apply to contracts of less than
$5,000,000.
(2) <<NOTE: Applicability.>> This section also shall apply to any
extension, amendment or modification of contracts entered into prior to
the enactment of this Act using other than full and open competitive
procedures using Iraq Relief and Reconstruction Funds in this Act and
under Public Law 108-11 or funds made available in prior Foreign
Operations, Export Financing and Related Programs Appropriations Acts.
(3) This section shall not apply to contracts authorized by the
Small Business Act (15 U.S.C. 631 et seq.).
Sec. 2203. (a) Disclosure Required.--
(1) <<NOTE: Federal
Register, publication. Deadline.>> Publication and public
availability.--The Administrator of the Coalition Provisional
Authority or the head of an executive agency of the United
States that enters into a contract for assistance for Iraq,
using funds described in paragraph (2), through the use of other
than full and open competitive procedures, shall publish in the
Federal Register or Federal Business Opportunities, and
otherwise make available to the public, including publication on
the Coalition Provisional Authority's website, not later than 7
days before the date on which the contract is entered into, the
following information:
(A) The amount of the contract.
(B) A brief description of the scope of the
contract.
(C) A discussion of how the executive agency and,
when applicable, the Coalition Provisional Authority,
identified, and solicited offers from, potential
contractors to perform the contract, together with a
list of the potential contractors that were issued
solicitations for the offers.
(D) The justification and approval documents (as
required under section 303(f)(1) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C.
253(f)(1)) on which was based the determination to use
procedures other than competitive procedures.
(2) Funds.--The funds referred to in paragraph (1) are any
funds under the heading ``Iraq Relief and Reconstruction Fund''
in this Act, and under the same heading in Public Law 108-11.
(3) Applicability.--
(A) This section shall also apply to any extension,
amendment or modification of contracts entered into
prior to the enactment of this Act using other than full
and
[[Page 117 STAT. 1230]]
open competitive procedures using Iraq Relief and
Reconstruction Funds in this Act and under Public Law
108-11 or funds made available in prior Foreign
Operations, Export Financing and Related Programs
Appropriations Acts.
(B) This section shall not apply to contracts of
less than $5,000,000.
(C) This section shall not apply to contracts
authorized by the Small Business Act (15 U.S.C. 631 et
seq.).
(b) Classified Information.--
(1) Authority to withhold.--The head of an executive agency
may--
(A) withhold from publication and disclosure under
subsection (a) any document that is classified for
restricted access in accordance with an Executive order
in the interest of national defense or foreign policy;
and
(B) redact any part so classified that is in a
document not so classified before publication and
disclosure of the document under subsection (a).
(2) Availability to congress.--In any case in which the head
of an executive agency withholds information under paragraph
(1), the head of such executive agency shall make available an
unredacted version of the document containing that information
to the chairman and ranking member of each of the following
committees of Congress:
(A) The Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the
House of Representatives.
(B) The Committees on Appropriations of the Senate
and the House of Representatives.
(C) Each committee that the head of the executive
agency determines has legislative jurisdiction for the
operations of such department or agency to which the
information related.
(c) Relationship to Other Disclosure Laws.--Nothing in this section
shall be construed as affecting obligations to disclose United States
Government information under any other provision of law.
(d) Definitions.--In this section and section 2202 of this Act, the
terms ``full and open competitive procedures'' and ``executive agency''
have the meanings given such terms in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
Sec. 2204. Section 1503 of Public Law 108-11 <<NOTE: Ante, p.
579.>> is amended--
(1) by striking ``equipment'' and inserting in lieu thereof
``equipment, including equipment''; and
(2) by striking ``2004'' and inserting in lieu thereof
``2005''.
Sec. 2205. Section 1504 of Public Law 108-11 <<NOTE: Ante, p.
579.>> is amended by--
(1) in the first proviso, striking the first proviso, and
inserting in lieu thereof:
``Provided, <<NOTE: Notification.>> That, subject to the
notification requirements of this section, exports may be
authorized of lethal military equipment designated by the
Secretary of State for use by a reconstituted (or interim) Iraqi
military or police force, and of small arms designated by the
Secretary of State for use for private security purposes:''; and
(2) in the last proviso, striking ``2004'' and inserting in
lieu thereof ``2005''.
[[Page 117 STAT. 1231]]
Sec. 2206. Section 202(b) of the Afghanistan Freedom Support Act of
2002 (Public Law 107-327) <<NOTE: 22 USC 7532.>> is amended by striking
``$300,000,000'' and inserting in lieu thereof ``$450,000,000''.
Sec. 2207. <<NOTE: Deadline. Reports. 22 USC 2151 note.>> (a) The
Director of the Office of Management and Budget, in consultation with
the Administrator of the Coalition Provisional Authority (CPA) and the
Committees on Appropriations, shall submit to the Committees on
Appropriations not later than January 5, 2004 and prior to the initial
obligation of funds appropriated by this Act under the heading ``Iraq
Relief and Reconstruction Fund'' a report on the proposed uses of all
funds under this heading on a project-by-project basis, for which the
obligation of funds is anticipated during the 3 month period from such
date, including estimates by the CPA of the costs required to complete
each such project: Provided, That up to 20 percent of funds appropriated
under such heading may be obligated before the submission of the report:
Provided further, That in addition such report shall include the
following:
(1) The use of all funds on a project-by-project basis for
which funds appropriated under such heading were obligated prior
to the submission of the report, including estimates by the CPA
of the costs required to complete each project.
(2) The distribution of duties and responsibilities
regarding such projects among the agencies of the United States
Government.
(3) Revenues to the CPA attributable to or consisting of
funds provided by foreign governments and international
organizations, disaggregated by donor, any obligations or
expenditures of such revenues, and the purpose of such
obligations and expenditures.
(4) Revenues to the CPA attributable to or consisting of
foreign assets seized or frozen, any obligations or expenditures
of such revenues, and the purpose of such obligations and
expenditures.
(b) Any proposed new projects and increases in funding of ongoing
projects shall be reported to the Committees on Appropriations in
accordance with regular notification procedures.
(c) The report required by subsection (a) shall be updated and
submitted to the Committees on Appropriations every 3 months and shall
include information on how the estimates and assumptions contained in
previous reports have changed.
(d) <<NOTE: Expiration date.>> The requirements of this section
shall expire on October 1, 2007.
Sec. 2208. <<NOTE: 22 USC 2151 note.>> Any reference in this chapter
to the ``Coalition Provisional Authority in Iraq'' or the ``Coalition
Provisional Authority'' shall be deemed to include any successor United
States Government entity with the same or substantially the same
authorities and responsibilities as the Coalition Provisional Authority
in Iraq.
Sec. 2209. Assistance or other financing under chapter 2 of this
title may be provided for Iraq and Afghanistan notwithstanding any other
provision of law not contained in this Act that restricts assistance to
foreign countries and section 660 of the Foreign Assistance Act of 1961:
Provided, <<NOTE: Notification.>> That funds made available for Iraq
pursuant to the authority of this section shall be subject to the
regular reprogramming notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act
[[Page 117 STAT. 1232]]
of 1961, except that notification shall be transmitted at least 5 days
in advance of obligation.
Sec. 2210. Funds made available in chapter 2 of this title are made
available notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956, as amended.
Sec. 2211. Notwithstanding any other provision of law, the Overseas
Private Investment Corporation is authorized to undertake any program
authorized by title IV of the Foreign Assistance Act of 1961 in Iraq:
Provided, <<NOTE: Notification.>> That funds made available pursuant to
the authority of this section shall be subject to the regular
reprogramming notification procedures of the Committees on
Appropriations.
Sec. 2212. In addition to transfer authority otherwise provided in
chapter 2 of this title, any appropriation made available in chapter 2
of this title may be transferred between such appropriations, to be
available for the same purposes and the same time as the appropriation
to which transferred: Provided, That the total amount transferred
pursuant to this section shall not exceed $100,000,000: Provided
further, That the Secretary of State shall consult with the Committees
on Appropriations prior to exercising the authority contained in this
section: Provided further, <<NOTE: Notification.>> That funds made
available pursuant to the authority of this section shall be subject to
the regular notification procedures of the Committees on Appropriations,
except that notification shall be transmitted at least 10 days in
advance of the obligation of funds.
Sec. 2213. Public Law 107-57 is amended--
(1) in section 1(b), <<NOTE: 115 Stat. 403.>> by striking
``2003'' wherever appearing (including in the caption), and
inserting in lieu thereof ``2004'';
(2) in section 3(2), <<NOTE: 115 Stat. 404.>> by striking
``Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2002, as is'' and inserting in lieu thereof
``annual foreign operations, export financing, and related
programs appropriations Acts for fiscal years 2002, 2003, and
2004, as are''; and
(3) in section 6, <<NOTE: 115 Stat. 405.>> by striking
``2003'' and inserting in lieu thereof ``2004''.
Sec. 2214. The Afghanistan Freedom Support Act of 2002 (Public Law
107-327), <<NOTE: 22 USC 7518.>> is amended in section 108(a), by
striking ``$425,000,000 for each of the fiscal years 2003 through 2006''
and inserting in lieu thereof ``$1,825,000,000 for fiscal year 2004 and
$425,000,000 for each of fiscal years 2005 and 2006''.
Sec. 2215. <<NOTE: Termination date. 22 USC 2151 note.>> Reports on
Iraq and Afghanistan. (a)(1) The Coalition Provisional Authority (CPA)
shall, on a monthly basis until September 30, 2006, submit a report to
the Committees on Appropriations which details, for the preceding month,
Iraqi oil production and oil revenues, and uses of such revenues.
(2) <<NOTE: Deadline.>> The first report required by this subsection
shall be submitted not later than 30 days after enactment of this Act.
(3) <<NOTE: Public information.>> The reports required by this
subsection shall also be made publicly available in both English and
Arabic, including through the CPA's Internet website.
(b) <<NOTE: Deadline.>> The Secretary of State, in consultation with
the heads of other relevant Federal agencies, shall submit a report to
the Committees on Appropriations not later than 90 days after enactment
of this Act detailing:
(1) the amount of debt incurred by the Government of Saddam
Hussein in Iraq, the impact forgiveness of such debt
[[Page 117 STAT. 1233]]
would have on reconstruction and long-term prosperity in Iraq,
and the estimated amount that Iraq will pay, or that will be
paid on behalf of Iraq, to a foreign country to service such
debt during fiscal year 2004;
(2) the efforts of the Government of the United States to
increase resources contributed by foreign countries and
international organizations, including the United Nations, to
the reconstruction and rehabilitation of Iraq and to increase
international participation in peacekeeping and security efforts
in Iraq;
(3) the manner in which the needs of people with
disabilities are being addressed in the development and
implementation of programs, projects and activities funded by
the United States Government in Iraq and Afghanistan;
(4) the progress being made toward indicting and trying
leaders of the former Iraqi regime for war crimes, genocide, and
crimes against humanity; and
(5) the efforts of relevant Iraqi officials and legal
advisors to ensure that a new Iraqi constitution preserves
religious freedom and tolerance of all faiths.
(c) Title III of Public Law 107-327 is amended as follows by
inserting the following new section:
``SEC. 304. REPORTS. <<NOTE: 22 USC 7554.>>
``The Secretary of State shall submit reports to the Committees on
Foreign Relations and Appropriations of the Senate, and the Committees
on International Relations and Appropriations of the House of
Representatives on progress made in accomplishing the `Purposes of
Assistance' set forth in section 102 of this Act utilizing assistance
provided by the United States for Afghanistan. <<NOTE: 22 USC
7554.>> The first report shall be submitted no later than December 31,
2003, and subsequent reports shall be submitted in conjunction with
reports required under section 303 of this title and thereafter through
December 31, 2004.''.
Sec. 2216. None of the funds appropriated or otherwise made
available under chapter 2 of title II of this Act may be obligated or
expended for any activity in contravention of Articles 1 and 4 of the
Optional Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflicts.
Sec. 2217. Participation of Women in Afghanistan and Iraq
Reconstruction. (a) Governance.--Activities carried out by the United
States with respect to the civilian governance of Afghanistan and Iraq
shall, to the maximum extent practicable--
(1) include the perspectives and advice of women's
organizations in Afghanistan and Iraq, respectively; and
(2) promote the high level participation of women in future
legislative bodies and ministries and ensure that human rights
for women are upheld in any constitution or legal institution of
Afghanistan and Iraq, respectively.
(b) Post-conflict Reconstruction and Development.--Activities
carried out by the United States with respect to post-conflict stability
in Afghanistan and Iraq shall, to the maximum extent practicable--
(1) encourage the United States organizations that receive
funds made available by this Act to provide significant
financial resources, technical assistance and capacity building
to counterpart organizations led by Afghans and Iraqis,
respectively;
[[Page 117 STAT. 1234]]
(2) increase the access of women to, or ownership by women
of, productive assets such as land, water, agricultural inputs,
credit, and property in Afghanistan and Iraq, respectively;
(3) provide long-term financial assistance for education for
girls and women in Afghanistan and Iraq, respectively; and
(4) integrate education and training programs for former
combatants in Afghanistan and Iraq, respectively, with economic
development programs to--
(A) encourage the reintegration of such former
combatants into society; and
(B) promote post-conflict stability in Afghanistan
and Iraq, respectively.
(c) Military and Police.--Activities carried out by the United
States with respect to training for military and police forces in
Afghanistan and Iraq shall include training, designed in consultation
with women's organizations in Afghanistan and Iraq, respectively, on the
protection, rights, and particular needs of women.
TITLE III--INSPECTOR GENERAL OF THE COALITION PROVISIONAL AUTHORITY
SEC. 3001. <<NOTE: 5 USC app. 8G note.>> INSPECTOR GENERAL OF THE
COALITION PROVISIONAL AUTHORITY.
(a) Purposes.--The purposes of this section are as follows:
(1) To provide for the independent and objective conduct and
supervision of audits and investigations relating to the
programs and operations of the Coalition Provisional Authority
(CPA).
(2) To provide for the independent and objective leadership
and coordination of, and recommendations on, policies designed
to--
(A) promote economy efficiency, and effectiveness in
the administration of such programs and operations; and
(B) prevent and detect fraud and abuse in such
programs and operations.
(3) To provide for an independent and objective means of
keeping the head of the Coalition Provisional Authority fully
and currently informed about problems and deficiencies relating
to the administration of such programs and operations and the
necessity for and progress for corrective action.
(b) <<NOTE: Establishment.>> Office of Inspector General.--There is
hereby established the Office of the Inspector General of the Coalition
Provisional Authority.
(c) Appointment of Inspector General; Removal.--(1) The head of the
Office of the Inspector General of the Coalition Provisional Authority
is the Inspector General of the Coalition Provisional Authority, who
shall be appointed by the Secretary of Defense, in consultation with the
Secretary of State.
(2) The appointment of Inspector General shall be made solely on the
basis of integrity and demonstrated ability in accounting, auditing,
financial analysis, law, management analysis, public administration, or
investigations.
[[Page 117 STAT. 1235]]
(3) <<NOTE: Deadline.>> The nomination of an individual as Inspector
General shall be made not later than 30 days after the date of the
enactment of this Act.
(4) The Inspector General shall be removable from office in
accordance with the provisions of section 3(b) of the Inspector General
Act of 1978 (5 U.S.C. App.).
(5) For purposes of section 7324 of title 5, United States Code, the
Inspector General shall not be considered an employee who determines
policies to be pursued by the United States in the nationwide
administration of Federal law.
(6) The annual rate of basic pay of the Inspector General shall be
the annual rate of basic pay provided for positions at level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
(d) Assistant Inspectors General.--The Inspector General shall, in
accordance with applicable laws and regulations governing the civil
service--
(1) appoint an Assistant Inspector General for Auditing who
shall have the responsibility for supervising the performance of
auditing activities relating to programs and operations of the
Coalition Provisional Authority; and
(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for supervising
the performance of investigative activities relating to such
programs and operations.
(e) Supervision.--(1) Except as provided in paragraph (2), the
Inspector General shall report directly to, and be under the general
supervision of, the head of the Coalition Provisional Authority.
(2) Neither the head of the Coalition Provisional Authority, any
other officer of the Coalition Provisional Authority, nor any other
officer of the Department of Defense, the Department of State, or the
United States Agency for International Development shall prevent or
prohibit the Inspector General from initiating, carrying out, or
completing any audit or investigation, or from issuing any subpoena
during the course of any audit or investigation.
(f) Duties.--(1) It shall be the duty of the Inspector General to
conduct, supervise, and coordinate audits and investigations of the
treatment, handling, and expenditure of appropriated funds by the
Coalition Provisional Authority in Iraq, and of the programs,
operations, and contracts carried out utilizing such funds, including--
(A) the oversight and accounting of the obligation and
expenditure of such funds;
(B) the monitoring and review of reconstruction activities
funded by such funds;
(C) the monitoring and review of contracts funded by such
funds;
(D) the monitoring and review of the transfer of such funds
and associated information between and among the Coalition
Provisional Authority, other departments, agencies, and entities
of the Federal Government, and private and nongovernmental
entities; and
(E) the maintenance of records on the use of such funds to
facilitate future audits and investigations of the use of such
funds.
[[Page 117 STAT. 1236]]
(2) The Inspector General shall establish, maintain, and oversee
such systems, procedures, and controls as the Inspector General
considers appropriate to discharge the duty under paragraph (1).
(3) In addition to the duties specified in paragraphs (1) and (2),
the Inspector General shall also have the duties and responsibilities of
inspectors general under the Inspector General Act of 1978.
(4) In carrying out the duties, responsibilities, and authorities of
the Inspector General under this section, the Inspector General shall
coordinate with, and receive the cooperation of, the Inspector General
of the Department of Defense.
(5) In carrying out the duties, and responsibilities, and
authorities of the Inspector General under this section, the Inspector
General shall coordinate with, and receive the cooperation of the
Inspector General of the United States Agency for International
Development.
(g) Powers and Authorities.--(1) In carrying out the duties
specified in subsection (f), the Inspector General shall have the
authorities provided in section 6 of the Inspector General Act of 1978.
(2) The Inspector General shall carry out the duties specified in
subsection (f)(1) in accordance with section 4(b)(1) of the Inspector
General Act of 1978.
(h) Personnel, Facilities, and Other Resources.--(1) The Inspector
General may select, appoint, and employ such officers and employees as
may be necessary for carrying out the duties of the Inspector General,
subject to the provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions of chapter
51 and subchapter III of chapter 53 of such title, relating to
classification and General Schedule pay rates.
(2) The Inspector General may obtain services as authorized by
section 3109 of title 5, United States Code, at daily rates not to
exceed the equivalent rate prescribed for grade GS-15 of the General
Schedule by section 5332 of such title.
(3) To the extent and in such amounts as may be provided in advance
by appropriations Acts, the Inspector General my enter into contracts
and other arrangements for audits, studies, analyses, and other services
with public agencies and with private persons, and make such payments as
may be necessary to carry out the duties of the Inspector General.
(4)(A) Upon request of the Inspector General for information or
assistance from any department, agency, or other entity of the Federal
Government, the head of such entity shall, insofar as is practicable and
not in contravention of any existing law, furnish such information or
assistance to the Inspector General, or an authorized designee.
(B) Whenever information or assistance requested by the Inspector
General is, in the judgment of the Inspector General, unreasonably
refused or not provided, the Inspector General shall report the
circumstances to the head of the Coalition Provisional Authority and to
the appropriate committees of Congress without delay.
(5) The head of the Coalition Provisional Authority shall provide
the Inspector General with appropriate and adequate office space at the
central and field office locations of the Coalition Provisional
Authority, together with such equipment, office supplies, and
communications facilities and services as may be necessary for
[[Page 117 STAT. 1237]]
the operation of such offices, and shall provide necessary maintenance
services for such offices and the equipment and facilities located
therein.
(i) <<NOTE: Deadline.>> Reports.--(1) Not later than March 30, 2004,
and every calendar quarter thereafter, the Inspector General shall
submit to the appropriate committees of Congress a report summarizing
the activities of the Inspector General and the Coalition Provisional
Authority during the 120-day period ending on the date of such report.
Each report shall include, for the period covered by such report, a
detailed statement of all obligations, expenditures, and revenues
associated with reconstruction and rehabilitation activities in Iraq,
including the following:
(A) Obligations and expenditures of appropriated funds.
(B) A project-by-project and program-by-program accounting
of the costs incurred to date for the reconstruction of Iraq,
together with the estimate of the Coalition Provisional
Authority of the costs to complete each project and each
program.
(C) Revenues attributable to or consisting of funds provided
by foreign nations or international organizations, and any
obligations or expenditures of such revenues.
(D) Revenues attributable to or consisting of foreign assets
seized or frozen, and any obligations or expenditures of such
revenues.
(E) Operating expenses of the Coalition Provisional
Authority and of any other agencies or entities receiving
appropriated funds.
(F) In the case of any contract described in paragraph (2)--
(i) the amount of the contract or other agreement;
(ii) a brief discussion of the scope of the contract
or other agreement;
(iii) a discussion of how the Coalition Provisional
Authority identified, and solicited offers from,
potential contractors to perform the contract, together
with a list of the potential contractors that were
issued solicitations for the offers; and
(iv) the justification and approval documents on
which was based the determination to use procedures
other than procedures that provide for full and open
competition.
(2) A contract described in this paragraph is any major contract or
other agreement that is entered into by the Coalition Provisional
Authority with any public or private sector entity for any of the
following purposes:
(A) To build or rebuild physical infrastructure of Iraq.
(B) To establish or reestablish a political or societal
institution of Iraq.
(C) To provide products or services to the people of Iraq.
(3) <<NOTE: Deadline.>> Not later than June 30, 2004, and
semiannually thereafter, the Inspector General shall submit to the
appropriate committees of Congress a report meeting the requirements of
section 5 of the Inspector General Act of 1978.
(4) <<NOTE: Publication.>> The Inspector General shall publish each
report under this subsection in both English and Arabic on the Internet
website of the Coalition Provisional Authority.
(5) Each report under this subsection may include a classified annex
if the Inspector General considers it necessary.
[[Page 117 STAT. 1238]]
(6) Nothing in this subsection shall be construed to authorize the
public disclosure of information that is--
(A) specifically prohibited from disclosure by any other
provision of law;
(B) specifically required by Executive order to be protected
from disclosure in the interest of national defense or national
security or in the conduct of foreign affairs; or
(C) a part of an ongoing criminal investigation.
(j) Report Coordination.--(1) The Inspector General shall also
submit each report under subsection (i) to the head of the Coalition
Provisional Authority.
(2)(A) <<NOTE: Deadline.>> Not later than 30 days after receipt of a
report under paragraph (1), the head of the Coalition Provisional
Authority may submit to the appropriate committees of Congress any
comments on the matters covered by the report as the head of the
Coalition Provisional Authority considers appropriate.
(B) A report under this paragraph may include a classified annex if
the head of the Coalition Provisional Authority considers it necessary.
(k) <<NOTE: Deadlines. Public information.>> Transparency.--(1) Not
later than 60 days after the date of the submittal to Congress of a
report under subsection (i), the head of the Coalition Provisional
Authority shall make copies of such report available to the public upon
request, and at a reasonable cost.
(2) Not later than 60 days after the date of the submittal to
Congress under subsection (j)(2) of comments on a report under
subsection (i), the head of the Coalition Provisional Authority shall
make copies of such comments available to the public upon request, and
at a reasonable cost.
(l) Waiver.--(1) The President may waive the requirement under
paragraph (1) or (3) of subsection (i) for the inclusion in a report
under such paragraph of any element otherwise provided for under such
paragraph if the President determines that the waiver is justified for
national security reasons.
(2) <<NOTE: President. Federal
Register, publication. Deadline.>> The President shall publish a notice
of each waiver made under this subsection in the Federal Register no
later than the date on which the reports required under paragraph (1) or
(3) of subsection (i) are submitted to Congress. The reports required
under paragraph (1) or (3) of subsection (i) shall specify whether
waivers under this subsection were made and with respect to which
elements.
(m) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed Services, and
International Relations of the House of Representatives.
(n) Funding.--(1) Of the amounts appropriated for fiscal year 2004
for the Operating Expenses of the Coalition Provisional Authority in
title II of this Act, $75,000,000 shall be available to carry out this
section.
(2) The amount available under paragraph (1) shall remain available
until expended.
(o) <<NOTE: Termination date.>> The Office of Inspector General
shall terminate 6 months after the authorities and duties of the
Coalition Provisional Authority cease to exist.
[[Page 117 STAT. 1239]]
TITLE IV--GENERAL PROVISIONS, THIS ACT
Sec. 4001. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 4002. The amounts provided in this Act are designated by the
Congress as an emergency requirement pursuant to section 502 of H. Con.
Res. 95 (108th Congress).
Sec. 4003. For purposes of computing the amount of a payment for an
eligible local educational agency under section 8003(a) of the
Elementary and Secondary Education Act (20 U.S.C. 7703(a)) for school
year 2003-2004, children enrolled in a school of such agency who would
otherwise be eligible to be claimed for payment under section
8003(a)(1)(B) of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole custody of
such children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside on
Federal property as described in section 8003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily
attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.
This Act may be cited as the ``Emergency Supplemental Appropriations
Act for Defense and for the Reconstruction of Iraq and Afghanistan,
2004''.
Approved November 6, 2003.
LEGISLATIVE HISTORY--H.R. 3289 (S. 1689):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 108-312 (Comm. on Appropriations) and 108-337 (Comm.
of Conference).
SENATE REPORTS: No. 108-160 accompanying S. 1689 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Oct. 16, considered in House.
Oct. 17, considered and passed House. Considered and passed
Senate, amended, in lieu of S. 1689.
Oct. 30, House agreed to conference report.
Nov. 3, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Nov. 6, Presidential remarks and statement.
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