[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3289 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                H. R. 3289

_______________________________________________________________________

                                 AN ACT


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

    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'', 
$12,188,870,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 502 of H. Con. 
Res. 95 (108th Congress), the concurrent resolution on the budget for 
fiscal year 2004.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$816,100,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 502 of H. Con. 
Res. 95 (108th Congress), the concurrent resolution on the budget for 
fiscal year 2004.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$753,190,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 502 of H. Con. 
Res. 95 (108th Congress), the concurrent resolution on the budget for 
fiscal year 2004.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$3,384,700,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 502 of H. Con. 
Res. 95 (108th Congress), the concurrent resolution on the budget for 
fiscal year 2004.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$24,355,664,000 (decreased by $98,000,000): Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Congress), the 
concurrent resolution on the budget for fiscal year 2004.

                    Operation and Maintenance, Navy

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Navy'', 
$1,934,058,000, of which up to $80,000,000 may be transferred to the 
Department of Homeland Security for Coast Guard Operations: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,198,981,000: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 502 of 
H. Con. Res. 95 (108th Congress), the concurrent resolution on the 
budget for fiscal year 2004.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $5,598,368,000: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 502 of 
H. Con. Res. 95 (108th Congress), the concurrent resolution on the 
budget for fiscal year 2004.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $4,485,452,000 (reduced by $50,000,000) (increased by 
$50,000,000), of which--
            (1) not to exceed $15,000,000 may be used for the CINC 
        Initiative Fund account, to be used primarily in Iraq and 
        Afghanistan; and
            (2) not to exceed $1,300,000,000, 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: Provided further, 
        That the entire amount is designated by the Congress as an 
        emergency requirement pursuant to section 502 of H. Con. Res. 
        95 (108th Congress), the concurrent resolution on the budget 
        for fiscal year 2004.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $16,000,000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $53,000,000: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 502 of 
H. Con. Res. 95 (108th Congress), the concurrent resolution on the 
budget for fiscal year 2004.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $214,000,000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.

             Overseas Humanitarian, Disaster, and Civic Aid

    For an additional amount for ``Overseas Humanitarian, Disaster, and 
Civic Aid'', $35,500,000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.

                           Iraq Freedom Fund

                     (including transfer of funds)

    For ``Iraq Freedom Fund'', $1,988,600,000 (increased by 
$98,000,000), 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 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 the 
entire amount is designated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Congress), the 
concurrent resolution on the budget for fiscal year 2004.

                              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: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 502 of H. 
Con. Res. 95 (108th Congress), the concurrent resolution on the budget 
for fiscal year 2004.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$1,250,287,000, to remain available until September 30, 2006: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$158,600,000, to remain available until September 30, 2006: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$76,357,000, to remain available until September 30, 2006: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$123,397,000, to remain available until September 30, 2006: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$53,972,000, to remain available until September 30, 2006: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$20,450,000, to remain available until September 30, 2006: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$3,418,006,000, to remain available until September 30, 2006: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$418,635,000, to remain available until September 30, 2006: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

               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: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 502 of H. Con. 
Res. 95 (108th Congress), the concurrent resolution on the budget for 
fiscal year 2004.

         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: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 502 of H. 
Con. Res. 95 (108th Congress), the concurrent resolution on the budget 
for fiscal year 2004.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $195,817,000, to remain available until 
September 30, 2005: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 502 of H. 
Con. Res. 95 (108th Congress), the concurrent resolution on the budget 
for fiscal year 2004.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$600,000,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 502 of H. Con. 
Res. 95 (108th Congress), the concurrent resolution on the budget for 
fiscal year 2004.

                     National Defense Sealift Fund

    For an additional amount for ``National Defense Sealift Fund'', 
$24,000,000, to remain available until expended: Provided, That the 
entire amount is designated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Congress), the 
concurrent resolution on the budget for fiscal year 2004.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$658,380,000 for Operation and maintenance: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Congress), the 
concurrent resolution on the budget for fiscal year 2004.

         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 for such activities related to Afghanistan: Provided further, That 
the Secretary of Defense may transfer the funds provided herein only to 
appropriations for military personnel; operation and maintenance; 
procurement; and research, development, test and evaluation: Provided 
further, That the funds transferred shall be merged with and be 
available for the same purposes and for the same time period, as the 
appropriation to which transferred: Provided further, That the transfer 
authority provided in this paragraph is in addition to any other 
transfer authority available to the Department of Defense: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

                            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'': Provided, That all such amounts are 
designated by the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.

                    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: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.
    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 year, funds made available in this 
Act 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 $100,000,000 
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 
$413,300,000, 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'', $73,600,000;
            ``Operation and Maintenance, Navy'', $126,400,000;
            ``Operation and Maintenance, Marine Corps'', $9,200,000;
            ``Operation and Maintenance, Air Force'', $201,900,000; and
            ``Other Procurement, Air Force'', $2,200,000:
Provided, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.
    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.''.

                               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: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Congress), the 
concurrent resolution on the budget for fiscal year 2004.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                      Military Construction, Army

    For an additional amount for ``Military Construction, Army'', 
$185,100,000, 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: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

                      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: Provided further, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.

                    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: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

             Family Housing Operation and Maintenance, Army

    For an additional amount for ``Family Housing Operation and 
Maintenance, Army'', $8,151,000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.

    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: Provided, That the 
entire amount is designated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Congress), the 
concurrent resolution on the budget for fiscal year 2004.

          Family Housing Operation and Maintenance, Air Force

    For an additional amount for ``Family Housing Operation and 
Maintenance, Air Force'', $6,981,000: Provided, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.

                    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 $500,000,000 in fiscal year 2004.
    (c) 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 
(e) 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.
    (d) 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.
    (e) 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: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.

                 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 
expended. Of the funds appropriated under this heading in the Emergency 
Wartime Supplemental Appropriations Act, 2003, $35,800,000 are 
rescinded. All such amounts are designated by the Congress as an 
emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

            Embassy Security, Construction, and Maintenance

    For necessary expenses for ``Embassy Security, Construction, and 
Maintenance'', $43,900,000, to remain available until expended: 
Provided, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

           Emergencies in the Diplomatic and Consular Service

                     (including transfer of funds)

    For necessary expenses for ``Emergencies in the Diplomatic and 
Consular Service'', $50,000,000, to remain available until expended, 
which may be transferred to, and merged with, the appropriations for 
``Diplomatic and Consular Programs'': Provided, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.

                      International Organizations

        Contributions for International Peacekeeping Activities

    For necessary expenses for ``Contributions for International 
Peacekeeping Activities'', $245,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 502 of H. Con. 
Res. 95 (108th Congress), the concurrent resolution on the budget for 
fiscal year 2004.

                             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: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Congress), the 
concurrent resolution on the budget for fiscal year 2004.

                    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 necessary expenses for ``Operating Expenses of the United 
States Agency for International Development'', $40,000,000, for direct 
support of operations in Afghanistan, to remain available until 
September 30, 2005: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 502 of H. 
Con. Res. 95 (108th Congress), the concurrent resolution on the budget 
for fiscal year 2004.

                  Other Bilateral Economic Assistance

                  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, 2005, 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; $5,560,000,000 for the electric 
sector; $2,100,000,000 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, 
democracy, 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 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 an annual spending plan 
for reconstruction programs under the preceding allocations, including 
project-by-project detail, shall be submitted by the President to the 
Committees on Appropriations not later than January 1, 2004, and shall 
be updated and submitted every 180 days thereafter: Provided further, 
That funds appropriated under this heading shall be apportioned only to 
the Coalition Provisional Authority in Iraq, 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 $35,000,000 shall 
be made available for administrative expenses of the Department of 
State Bureau of International Narcotics and Law Enforcement Affairs and 
the United States Agency for International Development for support of 
the reconstruction activities in Iraq: 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 
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 Committees on Appropriations shall be notified quarterly of 
any collections pursuant to the previous proviso: 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: Provided further, That, 
notwithstanding any other provision of law, 10 percent of the total 
amount of funds apportioned to the United States Agency for 
International Development under this heading that are made available on 
a subcontract basis shall be reserved for contracts with small business 
concerns, including small business concerns owned and controlled by 
veterans, small business concerns owned and controlled by service-
disabled veterans, HUBZone small business concerns, small business 
concerns owned and controlled by socially and economically 
disadvantaged individuals, and small business concerns owned and 
controlled by women (as such terms are defined for purposes of the 
Small Business Act): Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.

       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, $858,000,000, to remain available until 
September 30, 2005: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 502 of H. 
Con. Res. 95 (108th Congress), the concurrent resolution on the budget 
for fiscal year 2004.

                         Economic Support Fund

    For necessary expenses 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 not to exceed $30,000,000 may be 
used for activities related to disarmament, demobilization, and 
reintegration of militia combatants, including registration of such 
combatants, notwithstanding section 531(e) of the Foreign Assistance 
Act of 1961: Provided further, That not to exceed $2,000,000 may be 
used to provide additional policy experts in Afghan ministries and that 
not more than five senior advisors to the United States Ambassador may 
be deployed in Afghanistan: Provided further, That $60,000,000 shall be 
available for assistance to Afghan women and girls as authorized by 
section 103(a)(7) of the Afghanistan Freedom Support Act of 2002 
(Public Law 107-327) and $5,000,000 shall be available for the National 
Human Rights Commission of Afghanistan as authorized by section 
103(a)(7)(B)(ii) of such Act: Provided further, That not less than 
$17,250,000 is available only for security requirements that directly 
support United States and Coalition personnel who are implementing 
assistance programs in Afghanistan, including 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 fully 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: 
Provided further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 502 of H. Con. Res. 95 
(108th Congress), the concurrent resolution on the budget for fiscal 
year 2004.

              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, especially in Sudan and Liberia, $100,000,000, 
and by transfer not to exceed 1 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 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

                          Department of State

          International Narcotics Control and Law Enforcement

    For necessary expenses for ``International Narcotics Control and 
Law Enforcement'', $170,000,000, to remain available until December 31, 
2004, for accelerated assistance for Afghanistan: Provided, That the 
entire amount is designated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Congress), the 
concurrent resolution on the budget for fiscal year 2004.

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

    For necessary expenses for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', $35,000,000, for accelerated 
assistance for Afghanistan: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                   Foreign Military Financing Program

    For necessary expenses for the ``Foreign Military Financing 
Program'', $297,000,000, for accelerated assistance for Afghanistan: 
Provided, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 
2004.

                        Peacekeeping Operations

    For necessary expenses for ``Peacekeeping Operations'', 
$50,000,000, to support the global war on terrorism: Provided, That the 
entire amount is designated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Congress), the 
concurrent resolution on the budget for fiscal year 2004.

                    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. Notwithstanding any other provision of law, none of the 
funds appropriated by this Act under the heading ``Iraq Relief and 
Reconstruction Fund'' and made available under the same heading in 
Public Law 108-11 may be used to enter into any Federal contract 
(including any follow-on contract) unless--
            (1) the contract is entered into in accordance with title 
        III of the Federal Property and Administrative Services Act (41 
        U.S.C. 251 et seq.); and
            (2) in any case in which procedures other than competitive 
        procedures are to be used to enter into such a contract--
                    (A) if such procedures are to be used by reason of 
                the application of a paragraph under section 303(c) of 
                such Act (41 U.S.C. 253(c)), the head of the executive 
                agency entering into the contract shall submit to the 
                committees described in subsection (b), not later than 
                7 calendar days before award of the contract--
                            (i) notification of the use of such other 
                        procedures; and
                            (ii) the justification for such use, 
                        including the amount of the contract and a 
                        brief description of its scope, a discussion of 
                        how the executive 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. 2534(f)(1)) on which was based 
                        the determination to use procedures other than 
                        competitive procedures.
    (b) Committees.--The committees referred to in subsection (a)(2) 
are--
            (1) the Committees on Government Reform, on International 
        Relations, and on Appropriations of the House of 
        Representatives; and
            (2) the Committees on Governmental Affairs, on Foreign 
        Relations, and on Appropriations of the Senate.
    (c) Applicability.--This section shall not apply to contracts 
entered into before the date of the enactment of this Act or after 
September 30, 2010.

SEC. 2203. PUBLIC DISCLOSURE OF NONCOMPETITIVE CONTRACTING FOR THE 
              RECONSTRUCTION OF INFRASTRUCTURE IN IRAQ.

    (a) Disclosure Required.--
            (1) Publication and public availability.--The head of an 
        executive agency of the United States that enters into a 
        contract for assistance for Iraq, using funds described in 
        paragraph (3), through the use of procedures other than 
        competitive procedures shall publish in the Federal Register or 
        Commerce Business Daily and otherwise make available to the 
        public, not later than 7 days before the date on which the 
        contract is entered into, except in the case of urgent and 
        compelling contracts issued pursuant to paragraph (2) of 
        section 303(c) of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 253(c)(2)), the following 
        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 
                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--
                    (A) any funds available to carry out sections 103 
                through 106 and chapter 4 of part II of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2151b-2151d; 2346 et 
                seq.); and
                    (B) any funds appropriated by Public Law 108-11 
                under the heading ``Iraq Relief and Reconstruction 
                Fund'' (in chapter 5 of title I; 117 Stat. 573).
            (3) Applicability.--Paragraph (1) shall not apply to 
        contracts entered into before the date of the enactment of this 
        Act or after September 30, 2010.
    (b) Classified Information.--
            (1) Authority to withhold.--The head of an executive agency 
        may--
                    (A) withhold from publication and disclosure under 
                subsection (a) any document that is classified for 
                restricted access in accordance with a 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 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, the terms ``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 striking 
``controlled'' and inserting ``or small arms controlled''.
    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) Until January 2005, the Coalition Provisional 
Authority (CPA) shall, on a monthly basis, submit a report to the 
Committees on Appropriations and International Relations of the House 
of Representatives and the Committees on Appropriations and Foreign 
Relations of the Senate that details, for the preceding month, Iraqi 
oil production and oil revenues, and uses of such revenues.
    (b) The first report required by subsection (a) shall be submitted 
not later than 30 days after enactment of this Act.
    (c) The reports required by this section shall also be made 
publicly available, including through the CPA's Internet website.
    Sec. 2208. Any reference in this chapter to the ``Coalition 
Provisional Authority in Iraq'' shall be deemed to include any 
successor United States Government entity with the same or 
substantially the same authorities and responsibilities as the 
Coalition Provisional Authority in Iraq.
    Sec. 2209. Assistance or other financing under 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 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.

 report on military operations and reconstruction efforts in iraq and 
                              afghanistan

    Sec. 2212. (a) Report.--The President shall prepare and transmit to 
Congress on a quarterly basis a report on United States military 
operations and reconstruction efforts in Iraq and Afghanistan.
    (b) Contents.--The report shall, at a minimum, contain the 
following information:
            (1) A full accounting of amounts appropriated under this 
        Act or any other Act that were expended during the preceding 
        quarter for military operations and reconstruction efforts in 
        Iraq and Afghanistan.
            (2) A description of progress made in reconstruction 
        efforts in Iraq and Afghanistan, particularly efforts relating 
        to public safety, defense and law enforcement, energy 
        infrastructure, water, sewer, roads, and other public works, 
        transportation and telecommunications infrastructure, medical 
        and hospital services, and private sector development.
            (3) A description of progress made to reduce attacks 
        against members of the United States Armed Forces in Iraq and 
        Afghanistan.
            (4) An analysis of the impact that military operations in 
        Iraq and Afghanistan have had on overall readiness of the Armed 
        Forces.
            (5) An analysis of the impact that the extended deployment 
        of members of the Armed Forces in connection with Operation 
        Iraqi Freedom and Operation Enduring Freedom is having on 
        recruiting and retention efforts in the active and reserve 
        components.
            (6) An estimate of the cost of repairing or replacing the 
        combat vehicles, aircraft, and other equipment damaged or 
        destroyed by combat, by prolonged use in Iraq and Afghanistan, 
        or by exposure to the extreme climatic and terrain conditions 
        in Iraq and Afghanistan.
            (7) A description of progress made toward the establishment 
        of an independent, sovereign, and democratic government for 
        Iraq, including an estimated schedule for the drafting of a 
        constitution and the holding of free and fair elections.
            (8) A description of the extent of international 
        participation in the stabilization and reconstruction of Iraq, 
        including the amount and schedule for the provision of 
        financial assistance by other countries and international 
        organizations.
            (9) The number of members of the Armed Forces (including 
        national guard and reserve troops) deployed in connection with 
        Operation Iraqi Freedom and Operation Enduring Freedom, an 
        estimate of the period of time for which such forces will be 
        deployed, and a description of progress made in replacing such 
        forces with international or foreign peacekeeping units.
    Sec. 2213. (a) Review of Contracting Procedures.--The Comptroller 
General shall review each covered contract and task or delivery order 
entered into during a review period to determine whether the procedures 
used to enter into the contracts and orders were in compliance with the 
requirements of this Act and other applicable laws and regulations.
    (b) Report.--At the end of each review period, the Comptroller 
General shall submit to Congress a report on the results of the review.
    (c) Review Period.--A review under subsection (a) shall be carried 
each quarter of a fiscal year, beginning with the first quarter 
beginning after the date of the enactment of this Act.
    (d) Covered Contracts and Orders.--This section applies to any 
contract or task or delivery order entered into using funds 
appropriated by this Act for foreign assistance if--
            (1) in the case of a contract, the contract is in an amount 
        in excess of the simplified acquisition threshold (as defined 
        in section 4 of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 403), and
            (2) in the case of a task or delivery order, the order is 
        in an amount in excess of $1,000,000.

                TITLE III--GENERAL PROVISIONS--THIS ACT

    Sec. 3001. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 3002. None of the funds made available in this or any other 
Act for fiscal year 2004 may be used for any defense or reconstruction 
activities in Iraq or Afghanistan coordinated by any officer of the 
United States Government whose office is not subject to appointment by 
the President by and with the advice and consent of the Senate.
    Sec. 3003. For purposes of computing the amount of a payment for an 
eligible local educational agency under section 8003(a) of the 
Elementary and Secondary Education Act (20 U.S.C. 7703(a)), children 
enrolled in a school of such agency that would otherwise be eligible 
for payment under section 8003(a)(1)(B) of such Act, but due to the 
deployment of both parents or legal guardians, or due to the death of a 
military parent or legal guardian while on active duty, are no longer 
eligible under such section, shall be considered as eligible students 
under such section, provided such students remain in average daily 
attendance at the same school that they attended prior to their change 
in eligibility status.
    Sec. 3004. None of the funds made available by this Act may be 
provided to any unit of the security forces of a foreign country 
participating with coalition forces in Afghanistan or Iraq if the 
Secretary of State or the Secretary Defense has credible evidence that 
such unit has committed gross violations of human rights, unless the 
appropriate Secretary determines and reports to the Committees on 
Appropriations that the government of such country is taking effective 
measures to bring the responsible members of the security forces unit 
to justice: Provided, That nothing in this section shall be construed 
to withhold funds made available by this Act from any unit of the 
security forces of a foreign country not credibly alleged to be 
involved in gross violations of human rights: Provided further, That in 
the event that funds are withheld from any unit pursuant to this 
section, the appropriate Secretary shall promptly inform the foreign 
government of the basis for such action and shall, to the maximum 
extent practicable, assist the foreign government in taking effective 
measures to bring the responsible members of the security forces to 
justice.
    Sec. 3005. None of the funds made available in this Act may be used 
for the participation of Iraq in the Organization of Petroleum 
Exporting Countries (OPEC).
    Sec. 3006. None of the funds made available in this Act may be used 
to fund any contract in contravention of section 8(d)(6) of the Small 
Business Act (15 U.S.C. 637(d)(6)).
    Sec. 3007. None of the amounts made available and allocated for oil 
infrastructure under the heading ``Iraq Relief and Reconstruction 
Fund'' may be used to enter into any contract using procedures other 
than competitive procedures.
    This Act may be cited as the ``Emergency Supplemental 
Appropriations Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004''.

            Passed the House of Representatives October 17, 2003.

            Attest:

                                                                 Clerk.
108th CONGRESS

  1st Session

                               H. R. 3289

_______________________________________________________________________

                                 AN ACT

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