    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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 1210]]
    117 STAT. 1210

    Operation and Maintenance, Navy

    (including transfer of funds)

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

    Operation and Maintenance, Marine Corps

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

    Operation and Maintenance, Air Force

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

    Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
    Wide'', $4,355,452,000, of which--
    (1) not to exceed $15,000,000 may be used for the CINC
    Initiative Fund account, to be used primarily in Iraq and
    Afghanistan;
    (2) $32,000,000 is only for the Family Advocacy Program; and
    (3) not to exceed $1,150,000,000, to remain available until
    expended, may be used, notwithstanding any other provision of
    law, for payments to reimburse Pakistan, Jordan, and other key
    cooperating nations, for logistical and military support
    provided, or to be provided, to United States military
    operations in connection with military action in Iraq and the
    global war on terrorism: Provided, [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 1211]]
    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

    (including transfer of funds)

    For ``Iraq Freedom Fund'', $1,988,600,000, to remain available for
    transfer until September 30, 2005, for the purposes authorized under
    this heading in Public Law 108-11: Provided, That the Secretary of
    Defense may transfer the funds provided herein to appropriations for
    military personnel; operation and maintenance; Overseas Humanitarian,
    Disaster, and Civic Aid; procurement; military construction; the Defense
    Health Program; and working capital funds: Provided further, That funds
    transferred shall be merged with and be available for the same purposes
    and for the same time period as the appropriation or fund to which
    transferred: Provided further, That this transfer authority is in
    addition to any other transfer authority available to the Department of
    Defense: Provided further, That upon a determination that all or part of
    the funds transferred from this appropriation are not necessary for the
    purposes provided herein, such amounts may be transferred back to this
    appropriation: Provided further, [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 1212]]
    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 1213]]
    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

    (including transfer of funds)

    For an additional amount for ``Drug Interdiction and Counter-Drug
    Activities, Defense'', $73,000,000: Provided, That these funds may be
    used only for such activities related to Afghanistan: Provided further,
    That the Secretary of Defense may transfer the funds provided herein
    only to appropriations for military personnel; operation and
    maintenance; procurement; and research, development, test and
    evaluation: Provided further, That the funds transferred shall be merged
    with and be available for the same purposes and for the same time
    period, as the appropriation to which transferred: Provided further,
    That the transfer authority provided in this paragraph is in addition to
    any other transfer authority available to the Department of Defense.

    RELATED AGENCIES

    Intelligence Community Management Account

    (including transfer of funds)

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

    GENERAL PROVISIONS, THIS CHAPTER

    (transfer of funds)

    Sec. 1101. Upon his determination that such action is necessary in
    the national interest, the Secretary of Defense may transfer between
    appropriations up to $3,000,000,000 of the funds made available to the
    Department of Defense in this chapter:
    [NOTE: Notification.] Provided, That the Secretary shall notify the
    Congress promptly of each transfer made pursuant to this authority:
    Provided further, That

    [[Page 1214]]
    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 1215]]
    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.] 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)), [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 1216]]
    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 1217]]
    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 1218]]
    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. 1
    117. [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 1219]]
    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 1220]]
    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

    operating expenses

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

    Emergency Preparedness and Response

    disaster relief

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

    GENERAL PROVISION, THIS CHAPTER

    Sec. 1201. [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 1221]]
    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 1222]]
    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

    general legal activities

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

    [[Page 1223]]
    117 STAT. 1223

    DEPARTMENT OF STATE AND RELATED AGENCY

    DEPARTMENT OF STATE

    Administration of Foreign Affairs

    diplomatic and consular programs

    (including rescission)

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

    embassy security, construction, and maintenance

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

    emergencies in the diplomatic and consular service

    (including transfer of funds)

    For necessary expenses for ``Emergencies in the Diplomatic and
    Consular Service'', $115,500,000, to remain available until expended,
    which may be transferred to, and merged with, the appropriations for
    ``Diplomatic and Consular Programs'': Provided, That of the funds made
    available under this heading, $65,500,000 may be transferred to, and
    merged with, the appropriations for ``Protection of Foreign Missions and
    Officials''; of which $32,000,000 is for the reimbursement of the City
    of New York for costs associated with the protection of foreign missions
    and officials during the heightened state of alert following the
    September 11, 2001, terrorist attacks on the United States; of which
    $8,500,000 is for costs associated with the 2003 Free Trade Area of the
    Americas Ministerial meeting; and of which $25,000,000 is for costs
    associated with the 2004 Summit of the Industrialized Nations
    notwithstanding the limitations of 3 U.S.C. 202(10): Provided
    further, [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

    contributions for international peacekeeping activities

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

    [[Page 1224]]
    117 STAT. 1224

    RELATED AGENCY

    Broadcasting Board of Governors

    international broadcasting operations

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

    GENERAL PROVISION--THIS CHAPTER

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

    CHAPTER 2

    BILATERAL ECONOMIC ASSISTANCE

    Funds Appropriated to the President

    United States Agency for International Development

    Operating Expenses of the United States Agency for International
    Development

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

    capital investment fund

    For an additional amount for ``Capital Investment Fund'',
    $16,600,000, to remain available until expended: Provided, That the
    Administrator of the United States Agency for International Development
    shall assess fair and reasonable rental payments for the use of space by
    employees of other United States Government agencies in buildings
    constructed using funds appropriated under this heading, and such rental
    payments shall be deposited into this account as an offsetting
    collection: Provided further, [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 1225]]
    117 STAT. 1225

    OTHER BILATERAL ECONOMIC ASSISTANCE

    Funds Appropriated to the President

    iraq relief and reconstruction fund

    (including transfers of funds)

    For necessary expenses to carry out the purposes of the Foreign
    Assistance Act of 1961, for security, relief, rehabilitation and
    reconstruction in Iraq, $18,649,000,000, to remain available until
    September 30, 2006, to be allocated as follows: $3,243,000,000 for
    security and law enforcement; $1,318,000,000 for justice, public safety
    infrastructure, and civil society, of which $100,000,000 shall be made
    available for democracy building activities, and of which $10,000,000
    shall be made available to the United States Institute for Peace for
    activities supporting peace enforcement, peacekeeping and post-conflict
    peacebuilding; $5,560,000,000 for the electric sector; $1,890,000,000
    for oil infrastructure; $4,332,000,000 for water resources and
    sanitation; $500,000,000 for transportation and telecommunications;
    $370,000,000 for roads, bridges, and construction; $793,000,000 for
    health care; $153,000,000 for private sector development; and
    $280,000,000 for education, refugees, human rights, and governance:
    Provided, That the President may reallocate up to 10 percent of any of
    the preceding allocations, except that the total for the allocation
    receiving such funds may not be increased by more than 20 percent:
    Provided further, That the President may increase one such allocation
    only by up to an additional 20 percent in the event of unforeseen or
    emergency circumstances: Provided further, [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 1226]]
    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 1227]]
    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

    (including transfers of funds)

    For necessary expenses for International Disaster and Famine
    Assistance utilizing the general authorities of section 491 of the
    Foreign Assistance Act of 1961, to respond to or prevent unforeseen
    complex foreign crises in Liberia and Sudan, $110,000,000, and by
    transfer not to exceed 0.5 percent of the funds appropriated under any
    other heading in this chapter, to remain available to the Secretary of
    State until September 30, 2005: Provided, That funds appropriated under
    this heading may be made available only pursuant to a determination by
    the President, after consultation with the appropriate congressional
    committees, that it is in the national interest and essential to efforts
    to reduce international terrorism to furnish assistance on such terms
    and conditions as he may determine for such purposes, including support
    for peace and humanitarian intervention operations: Provided further,
    That none of these funds shall be available to respond to natural
    disasters: Provided further, [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 1228]]
    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 1229]]
    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 1230]]
    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 1231]]
    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 1232]]
    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 1233]]
    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 1234]]
    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 1235]]
    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 1236]]
    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 1237]]
    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 1238]]
    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 1239]]
    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.