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H.R. 3289 (108th): Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004

The text of the bill below is as of Oct 17, 2003 (Passed the House).


HR 3289 EH

108th CONGRESS

1st Session

H. R. 3289


AN ACT

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

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

TITLE I--NATIONAL SECURITY

CHAPTER 1

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

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

Military Personnel, Navy

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

Military Personnel, Marine Corps

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

Military Personnel, Air Force

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

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

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

Operation and Maintenance, Navy

(INCLUDING TRANSFER OF FUNDS)

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

Operation and Maintenance, Marine Corps

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

Operation and Maintenance, Air Force

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

Operation and Maintenance, Defense-Wide

    For an additional amount for ‘Operation and Maintenance, Defense-Wide’, $4,485,452,000 (reduced by $50,000,000) (increased by $50,000,000), of which--

      (1) not to exceed $15,000,000 may be used for the CINC Initiative Fund account, to be used primarily in Iraq and Afghanistan; and

      (2) not to exceed $1,300,000,000, to remain available until expended, may be used, notwithstanding any other provision of law, for payments to reimburse Pakistan, Jordan, and other key cooperating nations, for logistical and military support provided, or to be provided, to United States military operations in connection with military action in Iraq and the global war on terrorism: Provided, That such payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following notification to the appropriate congressional committees: Provided further, That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations on the use of these funds: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Operation and Maintenance, Marine Corps Reserve

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

Operation and Maintenance, Air Force Reserve

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

Operation and Maintenance, Air National Guard

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

Overseas Humanitarian, Disaster, and Civic Aid

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

Iraq Freedom Fund

(INCLUDING TRANSFER OF FUNDS)

    For ‘Iraq Freedom Fund’, $1,988,600,000 (increased by $98,000,000), to remain available for transfer until September 30, 2005, for the purposes authorized under this heading in Public Law 108-11: Provided, That the Secretary of Defense may transfer the funds provided herein to appropriations for military personnel; operation and maintenance; Overseas Humanitarian, Disaster, and Civic Aid; procurement; military construction; the Defense Health Program; and working capital funds: Provided further, That funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the Secretary of Defense shall, not fewer than 5 days prior to making transfers from this appropriation, notify the congressional defense committees of any such transfer: Provided further, That the Secretary shall submit a report no later than 30 days after the end of each fiscal quarter to the congressional defense committees summarizing the details of the transfer of funds from this appropriation: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

PROCUREMENT

Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ‘Procurement of Weapons and Tracked Combat Vehicles, Army’, $101,600,000, to remain available until September 30, 2006: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Other Procurement, Army

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

Aircraft Procurement, Navy

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

Other Procurement, Navy

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

Procurement, Marine Corps

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

Aircraft Procurement, Air Force

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

Missile Procurement, Air Force

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

Other Procurement, Air Force

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

Procurement, Defense-Wide

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

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Navy

    For an additional amount for ‘Research, Development, Test and Evaluation, Navy’, $34,000,000, to remain available until September 30, 2005: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Research, Development, Test and Evaluation, Air Force

    For an additional amount for ‘Research, Development, Test and Evaluation, Air Force’, $39,070,000, to remain available until September 30, 2005: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Research, Development, Test and Evaluation, Defense-Wide

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

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

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

National Defense Sealift Fund

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

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

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

Drug Interdiction and Counter-Drug Activities, Defense

(INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ‘Drug Interdiction and Counter-Drug Activities, Defense’, $73,000,000: Provided, That these funds may be used for such activities related to Afghanistan: Provided further, That the Secretary of Defense may transfer the funds provided herein only to appropriations for military personnel; operation and maintenance; procurement; and research, development, test and evaluation: Provided further, That the funds transferred shall be merged with and be available for the same purposes and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available to the Department of Defense: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

RELATED AGENCIES

Intelligence Community Management Account

(INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ‘Intelligence Community Management Account’, $21,500,000, to remain available until September 30, 2005; of which $3,000,000 may be transferred to and merged with the Department of Energy, ‘Other Defense Activities’, and $15,500,000 may be transferred to and merged with the Federal Bureau of Investigation, ‘Salaries and Expenses’: Provided, That all such amounts are designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

GENERAL PROVISIONS--THIS CHAPTER

(TRANSFER OF FUNDS)

    SEC. 1101. Upon his determination that such action is necessary in the national interest, the Secretary of Defense may transfer between appropriations up to $3,000,000,000 of the funds made available to the Department of Defense in this chapter: Provided, That the Secretary shall notify the Congress promptly of each transfer made pursuant to this authority: Provided further, That the transfer authority provided in this section is in addition to any other transfer authority available to the Department of Defense: Provided further, That the authority in this section is subject to the same terms and conditions as the authority provided in section 8005 of the Department of Defense Appropriations Act, 2004, except for the fourth proviso: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

    SEC. 1102. Funds appropriated in this Act, or made available by the transfer of funds in or pursuant to this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414).

    SEC. 1103. Sections 1318 and 1319 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 571), shall remain in effect during fiscal year 2004.

    SEC. 1104. From October 1, 2003, through September 30, 2004, (a) the rates of pay authorized by section 310(a) of title 37, United States Code, shall be $225; and (b) the rates of pay authorized by section 427(a)(1) of title 37, United States Code, shall be $250.

    SEC. 1105. DEFENSE EMERGENCY RESPONSE FUND CLOSE-OUT AUTHORITY- (a) Section 1313 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 569), is amended by inserting ‘unobligated’ before ‘balances’.

    (b) Effective November 1, 2003, adjustments to obligations that before such date would have been properly chargeable to the Defense Emergency Response Fund shall be charged to any current appropriations account of the Department of Defense available for the same purpose.

    SEC. 1106. During the current year, funds made available in this Act to the Department of Defense for operation and maintenance may be used, notwithstanding any other provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to coalition forces supporting military and stability operations in Iraq: Provided, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section.

    SEC. 1107. Notwithstanding any other provision of law, from funds made available in this Act to the Department of Defense under ‘Operation and Maintenance, Defense-Wide’, not to exceed $100,000,000 may be used by the Secretary of Defense, with the concurrence of the Secretary of State, to provide assistance only to the New Iraqi Army and the Afghan National Army to enhance their capability to combat terrorism and to support U.S. military operations in Iraq and Afghanistan: Provided, That such assistance may include the provision of equipment, supplies, services, training and funding: Provided further, That the authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations: Provided further, That the Secretary of Defense shall notify the congressional defense committees not less than 15 days before providing assistance under the authority of this section.

    SEC. 1108. None of the funds provided in this chapter may be used to finance programs or activities denied by Congress in fiscal year 2004 appropriations to the Department of Defense or to initiate a procurement or research, development, test and evaluation new start program without prior notification to the congressional defense committees.

    SEC. 1109. In addition to amounts made available elsewhere in this Act, there is hereby appropriated to the Department of Defense $413,300,000, to be used only for recovery and repair of damage due to natural disasters including Hurricane Isabel, to be distributed as follows:

      ‘Operation and Maintenance, Army’, $73,600,000;

      ‘Operation and Maintenance, Navy’, $126,400,000;

      ‘Operation and Maintenance, Marine Corps’, $9,200,000;

      ‘Operation and Maintenance, Air Force’, $201,900,000; and

      ‘Other Procurement, Air Force’, $2,200,000:

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

    SEC. 1110. During the current fiscal year, from funds made available in this Act to the Department of Defense for operation and maintenance, not to exceed $180,000,000 may be used, notwithstanding any other provision of law, to fund the Commander’s Emergency Response Program, established by the Administrator of the Coalition Provisional Authority for the purpose of enabling military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi people, and to establish and fund a similar program to assist the people of Afghanistan: Provided, That the Secretary of Defense shall provide quarterly reports, beginning on January 15, 2004, to the congressional defense committees regarding the source of funds and the allocation and use of funds made available pursuant to the authority provided in this section.

    SEC. 1111. Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing an Analysis of Alternatives for replacing the capabilities of the existing Air Force fleet of KC-135 tanker aircraft.

ENHANCEMENTS TO EXEMPTION FOR MEMBERS WITH COMBAT-RELATED INJURIES FROM REQUIREMENT FOR PAYMENT OF SUBSISTENCE CHARGES WHILE HOSPITALIZED

    SEC. 1112. (a) EXEMPTION MADE PERMANENT- Subsection (c) of section 1075 of title 10, United States Code (as added by section 8146(a)(2) of the Department of Defense Appropriations Act, 2004 (Public Law 108-87)), is repealed.

    (b) RETROACTIVITY- Subsection (b) of section 8146 of the Department of Defense Appropriations Act, 2004 (Public Law 108-87), is amended to read as follows:

    ‘(b) EFFECTIVE DATE- (1) Subsection (b)(2) of section 1075 of title 10, United States Code, as added by subsection (a), shall apply with respect to any period of hospitalization on or after September 11, 2001, because of an injury covered by that subsection that is incurred on or after that date.

    ‘(2) The Secretary concerned (as defined in section 101 of title 37, United States Code) shall take such action as necessary to implement paragraph (1), including--

      ‘(A) refunding any amount previously paid under section 1075 of title 10, United States Code, by a person who, by reason of paragraph (1), is not required to make such payment; and

      ‘(B) waiving recovery of any unpaid amount for which a person has previously been charged under that section and which that person, by reason of paragraph (1), is not required to pay.’.

CHAPTER 2

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

Operating Expenses

    For an additional amount for ‘Operating Expenses’, $23,183,000, for costs related to Hurricane Isabel damage: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

CHAPTER 3

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

Military Construction, Army

    For an additional amount for ‘Military Construction, Army’, $185,100,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, such funds may be obligated or expended to carry out planning and design and military construction projects not otherwise authorized by law: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Military Construction, Navy

    For an additional amount for ‘Military Construction, Navy’, $45,530,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, such funds may be obligated or expended to carry out military construction projects not otherwise authorized by law: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Military Construction, Air Force

    For an additional amount for ‘Military Construction, Air Force’, $292,550,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, such funds may be obligated or expended to carry out planning and design and military construction projects not otherwise authorized by law: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Family Housing Operation and Maintenance, Army

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

Family Housing Operation and Maintenance, Navy and Marine Corps

    For an additional amount for ‘Family Housing Operation and Maintenance, Navy and Marine Corps’, $6,280,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Family Housing Operation and Maintenance, Air Force

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

GENERAL PROVISION--THIS CHAPTER

    SEC. 1301. (a) TEMPORARY AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR MILITARY CONSTRUCTION PROJECTS- During fiscal year 2004, the Secretary of Defense may use this section as authority to obligate appropriated funds available for operation and maintenance to carry out a construction project outside the United States that the Secretary determines meets each of the following conditions:

      (1) The construction is necessary to meet urgent military operational requirements of a temporary nature involving the use of the Armed Forces in support of Operation Iraqi Freedom or the Global War on Terrorism.

      (2) The construction is not carried out at a military installation where the United States is reasonably expected to have a long-term presence.

      (3) The United States has no intention of using the construction after the operational requirements have been satisfied.

      (4) The level of construction is the minimum necessary to meet the temporary operational requirements.

    (b) LIMITATION ON USE OF AUTHORITY- The total cost of the construction projects carried out under the authority of this section using, in whole or in part, appropriated funds available for operation and maintenance shall not exceed $500,000,000 in fiscal year 2004.

    (c) QUARTERLY REPORT- (1) Not later than 30 days after the end of each fiscal-year quarter of fiscal year 2004, the Secretary of Defense shall submit to the congressional committees specified in subsection (e) a report on the worldwide obligation and expenditure during that quarter of appropriated funds available for operation and maintenance for construction projects.

    (2) The report shall include with regard to each project the following:

      (A) Certification that the conditions specified in subsection (a) are satisfied with regard to the construction project.

      (B) A description of the purpose for which appropriated funds available for operation and maintenance are being obligated.

      (C) Relevant documentation detailing the construction project.

      (D) An estimate of the total cost of the construction project.

      (E) The total amount obligated for the construction project as of the date of the submission of the report.

    (d) RELATION TO OTHER AUTHORITIES- The temporary authority provided by this section, and the limited authority provided by section 2805(c) of title 10, United States Code, to use appropriated funds available for operation and maintenance to carry out a construction project are the only authorities available to the Secretary of Defense and the Secretaries of the military departments to use appropriated funds available for operation and maintenance to carry out construction projects.

    (e) CONGRESSIONAL COMMITTEES- The congressional committees referred to in this section are the following:

      (1) The Committee on Armed Services and the Subcommittees on Defense and Military Construction of the Committee on Appropriations of the Senate.

      (2) The Committee on Armed Services and the Subcommittees on Defense and Military Construction of the Committee on Appropriations of the House of Representatives.

TITLE II--IRAQ AND AFGHANISTAN RECONSTRUCTION AND INTERNATIONAL ASSISTANCE

CHAPTER 1

Department of Justice

Legal Activities

General Legal Activities

    For necessary expenses for ‘Salaries and Expenses, General Legal Activities’, $15,000,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Department of State and Related Agency

Department of State

Administration of Foreign Affairs

Diplomatic and Consular Programs

(INCLUDING RESCISSION)

    For necessary expenses for ‘Diplomatic and Consular Programs’, $156,300,000, of which $35,800,000 shall remain available until expended. Of the funds appropriated under this heading in the Emergency Wartime Supplemental Appropriations Act, 2003, $35,800,000 are rescinded. All such amounts are designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Embassy Security, Construction, and Maintenance

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

Emergencies in the Diplomatic and Consular Service

(INCLUDING TRANSFER OF FUNDS)

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

International Organizations

Contributions for International Peacekeeping Activities

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

Related Agency

Broadcasting Board of Governors

International Broadcasting Operations

    For necessary expenses for ‘International Broadcasting Operations’, for activities related to the Middle East Television Network broadcasting to Iraq, $40,000,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

GENERAL PROVISION--THIS CHAPTER

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

CHAPTER 2

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

United States Agency for International Development

Operating Expenses of the United States Agency for International Development

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

Other Bilateral Economic Assistance

Iraq Relief and Reconstruction Fund

(INCLUDING TRANSFERS OF FUNDS)

    For necessary expenses to carry out the purposes of the Foreign Assistance Act of 1961, for security, relief, rehabilitation and reconstruction in Iraq, $18,649,000,000, to remain available until September 30, 2005, to be allocated as follows: $3,243,000,000 for security and law enforcement; $1,318,000,000 for justice, public safety infrastructure, and civil society; $5,560,000,000 for the electric sector; $2,100,000,000 for oil infrastructure; $4,332,000,000 for water resources and sanitation; $500,000,000 for transportation and telecommunications; $370,000,000 for roads, bridges, and construction; $793,000,000 for health care; $153,000,000 for private sector development; and $280,000,000 for education, refugees, human rights, democracy, and governance: Provided, That the President may reallocate up to 10 percent of any of the preceding allocations, except that the total for the allocation receiving such funds may not be increased by more than 20 percent: Provided further, That such reallocations shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961 and notifications shall be transmitted at least 15 days in advance of the obligation of funds: Provided further, That an annual spending plan for reconstruction programs under the preceding allocations, including project-by-project detail, shall be submitted by the President to the Committees on Appropriations not later than January 1, 2004, and shall be updated and submitted every 180 days thereafter: Provided further, That funds appropriated under this heading shall be apportioned only to the Coalition Provisional Authority in Iraq, the Department of State, the Department of Health and Human Services, the Department of Treasury, the Department of Defense, and the United States Agency for International Development: Provided further, That upon a determination that all or part of the funds so transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That of the amount appropriated in this paragraph, not less than $35,000,000 shall be made available for administrative expenses of the Department of State Bureau of International Narcotics and Law Enforcement Affairs and the United States Agency for International Development for support of the reconstruction activities in Iraq: Provided further, That up to 1 percent of the amount appropriated in this paragraph may be transferred to ‘Operating Expenses of the Coalition Provisional Authority’, and that any such transfer shall be in accordance with the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961: Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or international organization, may be credited to this Fund and used for such purposes: Provided further, That the Committees on Appropriations shall be notified quarterly of any collections pursuant to the previous proviso: Provided further, That the Coalition Provisional Authority shall work, in conjunction with relevant Iraqi officials, to ensure that a new Iraqi constitution preserves full rights to religious freedom: Provided further, That, notwithstanding any other provision of law, 10 percent of the total amount of funds apportioned to the United States Agency for International Development under this heading that are made available on a subcontract basis shall be reserved for contracts with small business concerns, including small business concerns owned and controlled by veterans, small business concerns owned and controlled by service-disabled veterans, HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women (as such terms are defined for purposes of the Small Business Act): Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Operating Expenses of the Coalition Provisional Authority

    For necessary expenses of the Coalition Provisional Authority in Iraq, established pursuant to United Nations Security Council resolutions including Resolution 1483, for personnel costs, transportation, supply, equipment, facilities, communications, logistics requirements, studies, physical security, media support, promulgation and enforcement of regulations, and other activities needed to oversee and manage the relief and reconstruction of Iraq and the transition to democracy, $858,000,000, to remain available until September 30, 2005: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Economic Support Fund

    For necessary expenses for ‘Economic Support Fund’, $872,000,000, to remain available until December 31, 2004: Provided, That not less than $672,000,000 is available only for accelerated assistance for Afghanistan: Provided further, That not to exceed $30,000,000 may be used for activities related to disarmament, demobilization, and reintegration of militia combatants, including registration of such combatants, notwithstanding section 531(e) of the Foreign Assistance Act of 1961: Provided further, That not to exceed $2,000,000 may be used to provide additional policy experts in Afghan ministries and that not more than five senior advisors to the United States Ambassador may be deployed in Afghanistan: Provided further, That $60,000,000 shall be available for assistance to Afghan women and girls as authorized by section 103(a)(7) of the Afghanistan Freedom Support Act of 2002 (Public Law 107-327) and $5,000,000 shall be available for the National Human Rights Commission of Afghanistan as authorized by section 103(a)(7)(B)(ii) of such Act: Provided further, That not less than $17,250,000 is available only for security requirements that directly support United States and Coalition personnel who are implementing assistance programs in Afghanistan, including the provision of adequate dedicated air transport and support for civilian personnel at provincial reconstruction team sites: Provided further, That upon the receipt by the Speaker of the House of Representatives and the President of the Senate of a determination by the President that the Government of Pakistan is fully cooperating with the United States in the global war on terrorism, not to exceed $200,000,000 appropriated under this heading may be used for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of modifying direct loans and guarantees for Pakistan: Provided further, That amounts that are made available under the previous proviso for the cost of modifying direct loans and guarantees shall not be considered ‘assistance’ for the purposes of provisions of law limiting assistance to a country: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

International Disaster and Famine Assistance

(INCLUDING TRANSFERS OF FUNDS)

    For necessary expenses for International Disaster and Famine Assistance utilizing the general authorities of section 491 of the Foreign Assistance Act of 1961, to respond to or prevent unforeseen complex foreign crises, especially in Sudan and Liberia, $100,000,000, and by transfer not to exceed 1 percent of the funds appropriated under any other heading in this chapter, to remain available to the Secretary of State until September 30, 2005: Provided, That funds appropriated under this heading may be made available only pursuant to a determination by the President, after consultation with the appropriate congressional committees, that it is in the national interest and essential to efforts to reduce international terrorism to furnish assistance on such terms and conditions as he may determine for such purposes, including support for peace and humanitarian intervention operations: Provided further, That none of these funds shall be available to respond to natural disasters: Provided further, That funds made available under this heading to respond to or prevent unforeseen complex foreign crises shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004.

Department of State

International Narcotics Control and Law Enforcement

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

Nonproliferation, Anti-Terrorism, Demining and Related Programs

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

MILITARY ASSISTANCE

Funds Appropriated to the President

Foreign Military Financing Program

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

Peacekeeping Operations

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

GENERAL PROVISIONS--THIS CHAPTER

    SEC. 2201. None of the funds appropriated by this Act or any unexpended funds provided in

Public Law 108-11 may be used to repay, in whole or in part, principal or interest on any loan or guarantee agreement entered into by the Government of Iraq with any private or public sector entity including with the government of any country (including any agency of such government or any entity owned in whole or in part by the government of such country) or with any international financial institution, prior to May 1, 2003: Provided, That for the purpose of this section, the term ‘international financial institution’ shall mean those institutions contained in section 530(b) of division E of Public Law 108-7.

    SEC. 2202. Notwithstanding any other provision of law, none of the funds appropriated by this Act under the heading ‘Iraq Relief and Reconstruction Fund’ and made available under the same heading in Public Law 108-11 may be used to enter into any Federal contract (including any follow-on contract) unless--

      (1) the contract is entered into in accordance with title III of the Federal Property and Administrative Services Act (41 U.S.C. 251 et seq.); and

      (2) in any case in which procedures other than competitive procedures are to be used to enter into such a contract--

        (A) if such procedures are to be used by reason of the application of a paragraph under section 303(c) of such Act (41 U.S.C. 253(c)), the head of the executive agency entering into the contract shall submit to the committees described in subsection (b), not later than 7 calendar days before award of the contract--

          (i) notification of the use of such other procedures; and

          (ii) the justification for such use, including the amount of the contract and a brief description of its scope, a discussion of how the executive agency identified and solicited offers from contractors, a list of the contractors solicited, and the justification and approval documents (as required under section 303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 2534(f)(1)) on which was based the determination to use procedures other than competitive procedures.

    (b) COMMITTEES- The committees referred to in subsection (a)(2) are--

      (1) the Committees on Government Reform, on International Relations, and on Appropriations of the House of Representatives; and

      (2) the Committees on Governmental Affairs, on Foreign Relations, and on Appropriations of the Senate.

    (c) APPLICABILITY- This section shall not apply to contracts entered into before the date of the enactment of this Act or after September 30, 2010.

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

    (a) DISCLOSURE REQUIRED-

      (1) PUBLICATION AND PUBLIC AVAILABILITY- The head of an executive agency of the United States that enters into a contract for assistance for Iraq, using funds described in paragraph (3), through the use of procedures other than competitive procedures shall publish in the Federal Register or Commerce Business Daily and otherwise make available to the public, not later than 7 days before the date on which the contract is entered into, except in the case of urgent and compelling contracts issued pursuant to paragraph (2) of section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)), the following information:

        (A) The amount of the contract.

        (B) A brief description of the scope of the contract.

        (C) A discussion of how the executive agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers.

        (D) The justification and approval documents (as required under section 303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on which was based the determination to use procedures other than competitive procedures.

      (2) FUNDS- The funds referred to in paragraph (1) are--

        (A) any funds available to carry out sections 103 through 106 and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2151d; 2346 et seq.); and

        (B) any funds appropriated by Public Law 108-11 under the heading ‘Iraq Relief and Reconstruction Fund’ (in chapter 5 of title I; 117 Stat. 573).

      (3) APPLICABILITY- Paragraph (1) shall not apply to contracts entered into before the date of the enactment of this Act or after September 30, 2010.

    (b) CLASSIFIED INFORMATION-

      (1) AUTHORITY TO WITHHOLD- The head of an executive agency may--

        (A) withhold from publication and disclosure under subsection (a) any document that is classified for restricted access in accordance with a Executive order in the interest of national defense or foreign policy; and

        (B) redact any part so classified that is in a document not so classified before publication and disclosure of the document under subsection (a).

      (2) AVAILABILITY TO CONGRESS- In any case in which the head of an executive agency withholds information under paragraph (1), the head of such executive agency shall make available an unredacted version of the document containing that information to the chairman and ranking member of each of the following committees of Congress:

        (A) The Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives.

        (B) The Committees on Appropriations of the Senate and House of Representatives.

        (C) Each committee that the head of the executive agency determines has legislative jurisdiction for the operations of such department or agency to which the information related.

    (c) RELATIONSHIP TO OTHER DISCLOSURE LAWS- Nothing in this section shall be construed as affecting obligations to disclose United States Government information under any other provision of law.

    (d) DEFINITIONS- In this section, the terms ‘competitive procedures’ and ‘executive agency’ have the meanings given such terms in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

    SEC. 2204. Section 1503 of Public Law 108-11 is amended--

      (1) by striking ‘equipment’ and inserting in lieu thereof ‘equipment, including equipment’; and

      (2) by striking ‘2004’ and inserting in lieu thereof ‘2005’.

    SEC. 2205. Section 1504 of Public Law 108-11 is amended by striking ‘controlled’ and inserting ‘or small arms controlled’.

    SEC. 2206. Section 202(b) of the Afghanistan Freedom Support Act of 2002 (Public Law 107-327) is amended by striking ‘$300,000,000’ and inserting in lieu thereof ‘$450,000,000’.

    SEC. 2207. (a) Until January 2005, the Coalition Provisional Authority (CPA) shall, on a monthly basis, submit a report to the Committees on Appropriations and International Relations of the House of Representatives and the Committees on Appropriations and Foreign Relations of the Senate that details, for the preceding month, Iraqi oil production and oil revenues, and uses of such revenues.

    (b) The first report required by subsection (a) shall be submitted not later than 30 days after enactment of this Act.

    (c) The reports required by this section shall also be made publicly available, including through the CPA’s Internet website.

    SEC. 2208. Any reference in this chapter to the ‘Coalition Provisional Authority in Iraq’ shall be deemed to include any successor United States Government entity with the same or substantially the same authorities and responsibilities as the Coalition Provisional Authority in Iraq.

    SEC. 2209. Assistance or other financing under chapter 2 of this title may be provided for Iraq and Afghanistan notwithstanding any other provision of law not contained in this Act that restricts assistance to foreign countries and section 660 of the Foreign Assistance Act of 1961: Provided, That funds made available for Iraq pursuant to this section shall be subject to the regular reprogramming notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961, except that notification shall be transmitted at least 5 days in advance of obligation.

    SEC. 2210. Funds made available in chapter 2 of this title are made available notwithstanding section 10 of Public Law 91-672 and section 15 of the State Department Basic Authorities Act of 1956, as amended.

    SEC. 2211. Notwithstanding any other provision of law, the Overseas Private Investment Corporation is authorized to undertake any program authorized by title IV of the Foreign Assistance Act of 1961 in Iraq: Provided, That funds made available pursuant to the authority of this section shall be subject to the regular reprogramming notification procedures of the Committees on Appropriations.

REPORT ON MILITARY OPERATIONS AND RECONSTRUCTION EFFORTS IN IRAQ AND AFGHANISTAN

    SEC. 2212. (a) REPORT- The President shall prepare and transmit to Congress on a quarterly basis a report on United States military operations and reconstruction efforts in Iraq and Afghanistan.

    (b) CONTENTS- The report shall, at a minimum, contain the following information:

      (1) A full accounting of amounts appropriated under this Act or any other Act that were expended during the preceding quarter for military operations and reconstruction efforts in Iraq and Afghanistan.

      (2) A description of progress made in reconstruction efforts in Iraq and Afghanistan, particularly efforts relating to public safety, defense and law enforcement, energy infrastructure, water, sewer, roads, and other public works, transportation and telecommunications infrastructure, medical and hospital services, and private sector development.

      (3) A description of progress made to reduce attacks against members of the United States Armed Forces in Iraq and Afghanistan.

      (4) An analysis of the impact that military operations in Iraq and Afghanistan have had on overall readiness of the Armed Forces.

      (5) An analysis of the impact that the extended deployment of members of the Armed Forces in connection with Operation Iraqi Freedom and Operation Enduring Freedom is having on recruiting and retention efforts in the active and reserve components.

      (6) An estimate of the cost of repairing or replacing the combat vehicles, aircraft, and other equipment damaged or destroyed by combat, by prolonged use in Iraq and Afghanistan, or by exposure to the extreme climatic and terrain conditions in Iraq and Afghanistan.

      (7) A description of progress made toward the establishment of an independent, sovereign, and democratic government for Iraq, including an estimated schedule for the drafting of a constitution and the holding of free and fair elections.

      (8) A description of the extent of international participation in the stabilization and reconstruction of Iraq, including the amount and schedule for the provision of financial assistance by other countries and international organizations.

      (9) The number of members of the Armed Forces (including national guard and reserve troops) deployed in connection with Operation Iraqi Freedom and Operation Enduring Freedom, an estimate of the period of time for which such forces will be deployed, and a description of progress made in replacing such forces with international or foreign peacekeeping units.

    SEC. 2213. (a) REVIEW OF CONTRACTING PROCEDURES- The Comptroller General shall review each covered contract and task or delivery order entered into during a review period to determine whether the procedures used to enter into the contracts and orders were in compliance with the requirements of this Act and other applicable laws and regulations.

    (b) REPORT- At the end of each review period, the Comptroller General shall submit to Congress a report on the results of the review.

    (c) REVIEW PERIOD- A review under subsection (a) shall be carried each quarter of a fiscal year, beginning with the first quarter beginning after the date of the enactment of this Act.

    (d) COVERED CONTRACTS AND ORDERS- This section applies to any contract or task or delivery order entered into using funds appropriated by this Act for foreign assistance if--

      (1) in the case of a contract, the contract is in an amount in excess of the simplified acquisition threshold (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403), and

      (2) in the case of a task or delivery order, the order is in an amount in excess of $1,000,000.

TITLE III--GENERAL PROVISIONS--THIS ACT

    SEC. 3001. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

    SEC. 3002. None of the funds made available in this or any other Act for fiscal year 2004 may be used for any defense or reconstruction activities in Iraq or Afghanistan coordinated by any officer of the United States Government whose office is not subject to appointment by the President by and with the advice and consent of the Senate.

    SEC. 3003. For purposes of computing the amount of a payment for an eligible local educational agency under section 8003(a) of the Elementary and Secondary Education Act (20 U.S.C. 7703(a)), children enrolled in a school of such agency that would otherwise be eligible for payment under section 8003(a)(1)(B) of such Act, but due to the deployment of both parents or legal guardians, or due to the death of a military parent or legal guardian while on active duty, are no longer eligible under such section, shall be considered as eligible students under such section, provided such students remain in average daily attendance at the same school that they attended prior to their change in eligibility status.

    SEC. 3004. None of the funds made available by this Act may be provided to any unit of the security forces of a foreign country participating with coalition forces in Afghanistan or Iraq if the Secretary of State or the Secretary Defense has credible evidence that such unit has committed gross violations of human rights, unless the appropriate Secretary determines and reports to the Committees on Appropriations that the government of such country is taking effective measures to bring the responsible members of the security forces unit to justice: Provided, That nothing in this section shall be construed to withhold funds made available by this Act from any unit of the security forces of a foreign country not credibly alleged to be involved in gross violations of human rights: Provided further, That in the event that funds are withheld from any unit pursuant to this section, the appropriate Secretary shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice.

    SEC. 3005. None of the funds made available in this Act may be used for the participation of Iraq in the Organization of Petroleum Exporting Countries (OPEC).

    SEC. 3006. None of the funds made available in this Act may be used to fund any contract in contravention of section 8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)).

    SEC. 3007. None of the amounts made available and allocated for oil infrastructure under the heading ‘IRAQ RELIEF AND RECONSTRUCTION FUND’ may be used to enter into any contract using procedures other than competitive procedures.

    This Act may be cited as the ‘Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004’.

Passed the House of Representatives October 17, 2003.

Attest:

Clerk.

108th CONGRESS

1st Session

H. R. 3289

AN ACT

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