[House Report 108-337]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-337
======================================================================
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
_______
October 30, 2003.--Ordered to be printed
_______
Mr. Young of Florida, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 3289]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
3289) ``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'', having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2004, and for other purposes, namely:
TITLE I--NATIONAL SECURITY
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$12,858,870,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$816,100,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $753,190,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $3,384,700,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $23,997,064,000.
Operation and Maintenance, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance,
Navy'', $1,956,258,000, of which up to $80,000,000 may be
transferred to the Department of Homeland Security for Coast
Guard Operations.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,198,981,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $5,416,368,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $4,355,452,000, of which--
(1) not to exceed $15,000,000 may be used for the
CINC Initiative Fund account, to be used primarily in
Iraq and Afghanistan;
(2) $32,000,000 is only for the Family Advocacy
Program; and
(3) not to exceed $1,150,000,000, to remain
available until expended, may be used, notwithstanding
any other provision of law, for payments to reimburse
Pakistan, Jordan, and other key cooperating nations,
for logistical and military support provided, or to be
provided, to United States military operations in
connection with military action in Iraq and the global
war on terrorism: Provided, That such payments may be
made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in
consultation with the Director of the Office of
Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the
support provided, and such determination is final and
conclusive upon the accounting officers of the United
States, and 15 days following notification to the
appropriate congressional committees: Provided further,
That the Secretary of Defense shall provide quarterly
reports to the Committees on Appropriations on the use
of these funds.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $16,000,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $53,000,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $214,000,000.
Overseas Humanitarian, Disaster, and Civic Aid
For an additional amount for ``Overseas Humanitarian,
Disaster, and Civic Aid'', $35,500,000.
Iraq Freedom Fund
(INCLUDING TRANSFER OF FUNDS)
For ``Iraq Freedom Fund'', $1,988,600,000, to remain
available for transfer until September 30, 2005, for the
purposes authorized under this heading in Public Law 108-11:
Provided, That the Secretary of Defense may transfer the funds
provided herein to appropriations for military personnel;
operation and maintenance; Overseas Humanitarian, Disaster, and
Civic Aid; procurement; military construction; the Defense
Health Program; and working capital funds: Provided further,
That funds transferred shall be merged with and be available
for the same purposes and for the same time period as the
appropriation or fund to which transferred: Provided further,
That this transfer authority is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That
the Secretary of Defense shall, not fewer than 5 days prior to
making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary shall
submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation: Provided further, That not less than $62,100,000
shall be transferred to ``Other Procurement, Army'' for the
procurement of Up-armored High Mobility Multipurpose Wheeled
Vehicles and associated equipment: Provided further, That
$10,000,000 shall be for the Family Readiness Program of the
National Guard.
PROCUREMENT
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $101,600,000, to remain
available until September 30, 2006.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,143,687,000, to remain available until September 30, 2006.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $158,600,000, to remain available until September 30,
2006.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$76,357,000, to remain available until September 30, 2006.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$123,397,000, to remain available until September 30, 2006.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $53,972,000, to remain available until September 30,
2006.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $20,450,000, to remain available until September 30,
2006.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $3,438,006,000, to remain available until September
30, 2006.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$418,635,000, to remain available until September 30, 2006.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $34,000,000, to remain available until
September 30, 2005.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $39,070,000, to remain available
until September 30, 2005.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $260,817,000, to remain
available until September 30, 2005.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $600,000,000.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift
Fund'', $24,000,000, to remain available until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$658,380,000 for Operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $73,000,000: Provided, That
these funds may be used only for such activities related to
Afghanistan: Provided further, That the Secretary of Defense
may transfer the funds provided herein only to appropriations
for military personnel; operation and maintenance; procurement;
and research, development, test and evaluation: Provided
further, That the funds transferred shall be merged with and be
available for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further,
That the transfer authority provided in this paragraph is in
addition to any other transfer authority available to the
Department of Defense.
RELATED AGENCIES
Intelligence Community Management Account
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Intelligence Community
Management Account'', $21,500,000, to remain available until
September 30, 2005; of which $3,000,000 may be transferred to
and merged with the Department of Energy, ``Other Defense
Activities'', and $15,500,000 may be transferred to and merged
with the Federal Bureau of Investigation, ``Salaries and
Expenses''.
GENERAL PROVISIONS, THIS CHAPTER
(TRANSFER OF FUNDS)
Sec. 1101. Upon his determination that such action is
necessary in the national interest, the Secretary of Defense
may transfer between appropriations up to $3,000,000,000 of the
funds made available to the Department of Defense in this
chapter: Provided, That the Secretary shall notify the Congress
promptly of each transfer made pursuant to this authority:
Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
the authority in this section is subject to the same terms and
conditions as the authority provided in section 8005 of the
Department of Defense Appropriations Act, 2004, except for the
fourth proviso.
Sec. 1102. Funds appropriated in this Act, or made
available by the transfer of funds in or pursuant to this Act,
for intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414).
Sec. 1103. Sections 1318 and 1319 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-11; 117
Stat. 571), shall remain in effect during fiscal year 2004.
Sec. 1104. From October 1, 2003, through September 30,
2004, (a) the rates of pay authorized by section 310(a) of
title 37, United States Code, shall be $225; and (b) the rates
of pay authorized by section 427(a)(1) of title 37, United
States Code, shall be $250.
Sec. 1105. Defense Emergency Response Fund Close-Out
Authority.--(a) Section 1313 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-11; 117
Stat. 569), is amended by inserting ``unobligated'' before
``balances''.
(b) Effective November 1, 2003, adjustments to obligations
that before such date would have been properly chargeable to
the Defense Emergency Response Fund shall be charged to any
current appropriations account of the Department of Defense
available for the same purpose.
Sec. 1106. During the current fiscal year, funds available
to the Department of Defense for operation and maintenance may
be used, notwithstanding any other provision of law, to provide
supplies, services, transportation, including airlift and
sealift, and other logistical support to coalition forces
supporting military and stability operations in Iraq: Provided,
That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees regarding support
provided under this section.
Sec. 1107. Notwithstanding any other provision of law, from
funds made available in this Act to the Department of Defense
under ``Operation and Maintenance, Defense-Wide'', not to
exceed $150,000,000 may be used by the Secretary of Defense,
with the concurrence of the Secretary of State, to provide
assistance only to the New Iraqi Army and the Afghan National
Army to enhance their capability to combat terrorism and to
support U.S. military operations in Iraq and Afghanistan:
Provided, That such assistance may include the provision of
equipment, supplies, services, training and funding: Provided
further, That the authority to provide assistance under this
section is in addition to any other authority to provide
assistance to foreign nations: Provided further, That the
Secretary of Defense shall notify the congressional defense
committees not less than 15 days before providing assistance
under the authority of this section.
Sec. 1108. None of the funds provided in this chapter may
be used to finance programs or activities denied by Congress in
fiscal year 2004 appropriations to the Department of Defense or
to initiate a procurement or research, development, test and
evaluation new start program without prior notification to the
congressional defense committees.
Sec. 1109. In addition to amounts made available elsewhere
in this Act, there is hereby appropriated to the Department of
Defense $313,000,000, to be used only for recovery and repair
of damage due to natural disasters including Hurricane Isabel,
to be distributed as follows:
``Operation and Maintenance, Army'', $47,100,000;
``Operation and Maintenance, Navy'', $87,600,000;
``Operation and Maintenance, Marine Corps'',
$6,700,000;
``Operation and Maintenance, Air Force'',
$169,300,000; and
``Other Procurement, Air Force'', $2,300,000.
Sec. 1110. During the current fiscal year, from funds made
available in this Act to the Department of Defense for
operation and maintenance, not to exceed $180,000,000 may be
used, notwithstanding any other provision of law, to fund the
Commander's Emergency Response Program, established by the
Administrator of the Coalition Provisional Authority for the
purpose of enabling military commanders in Iraq to respond to
urgent humanitarian relief and reconstruction requirements
within their areas of responsibility by carrying out programs
that will immediately assist the Iraqi people, and to establish
and fund a similar program to assist the people of Afghanistan:
Provided, That the Secretary of Defense shall provide quarterly
reports, beginning on January 15, 2004, to the congressional
defense committees regarding the source of funds and the
allocation and use of funds made available pursuant to the
authority provided in this section.
Sec. 1111. Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report describing an
Analysis of Alternatives for replacing the capabilities of the
existing Air Force fleet of KC-135 tanker aircraft.
ENHANCEMENTS TO EXEMPTION FOR MEMBERS WITH COMBAT-RELATED INJURIES FROM
REQUIREMENT FOR PAYMENT OF SUBSISTENCE CHARGES WHILE HOSPITALIZED
Sec. 1112. (a) Exemption Made Permanent.--Subsection (c) of
section 1075 of title 10, United States Code (as added by
section 8146(a)(2) of the Department of Defense Appropriations
Act, 2004 (Public Law 108-87)), is repealed.
(b) Retroactivity.--Subsection (b) of section 8146 of the
Department of Defense Appropriations Act, 2004 (Public Law 108-
87), is amended to read as follows:
``(b) Effective Date.--(1) Subsection (b)(2) of section
1075 of title 10, United States Code, as added by subsection
(a), shall apply with respect to any period of hospitalization
on or after September 11, 2001, because of an injury covered by
that subsection that is incurred on or after that date.
``(2) The Secretary concerned (as defined in section 101 of
title 37, United States Code) shall take such action as
necessary to implement paragraph (1), including--
``(A) refunding any amount previously paid under
section 1075 of title 10, United States Code, by a
person who, by reason of paragraph (1), is not required
to make such payment; and
``(B) waiving recovery of any unpaid amount for
which a person has previously been charged under that
section and which that person, by reason of paragraph
(1), is not required to pay.''.
Sec. 1113. None of the funds available to the Department of
Defense may be obligated to implement any action which alters
the command responsibility or permanent assignment of forces
until 270 days after such plan has been provided to the
congressional defense committees.
Sec. 1114. Section 1074a of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(f)(1) At any time after the Secretary concerned notifies
members of the Ready Reserve that the members are to be called
or ordered to active duty, the administering Secretaries may
provide to each such member any medical and dental screening
and care that is necessary to ensure that the member meets the
applicable medical and dental standards for deployment.
``(2) The Secretary concerned shall promptly transmit to
each member of the Ready Reserve eligible for screening and
care under this subsection a notification of eligibility for
such screening and care.
``(3) A member provided medical or dental screening or care
under paragraph (1) may not be charged for the screening or
care.
``(4) Screening and care may not be provided under this
section after September 30, 2004.''.
Sec. 1115. (a) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1076a the following new
section:
``Sec. 1076b. TRICARE program: coverage for members of the Ready
Reserve
``(a) Eligibility.--Each member of the Selected Reserve of
the Ready Reserve and each member of the Individual Ready
Reserve described in section 10144(b) of this title is
eligible, subject to subsection (h), to enroll in TRICARE and
receive benefits under such enrollment for any period that the
member--
``(1) is an eligible unemployment compensation
recipient; or
``(2) is not eligible for health care benefits
under an employer-sponsored health benefits plan.
``(b) Types of Coverage.--(1) A member eligible under
subsection (a) may enroll for either of the following types of
coverage:
``(A) Self alone coverage.
``(B) Self and family coverage.
``(2) An enrollment by a member for self and family covers
the member and the dependents of the member who are described
in subparagraph (A), (D), or (I) of section 1072(2) of this
title.
``(c) Open Enrollment Periods.--The Secretary of Defense
shall provide for at least one open enrollment period each
year. During an open enrollment period, a member eligible under
subsection (a) may enroll in the TRICARE program or change or
terminate an enrollment in the TRICARE program.
``(d) Scope of Care.--(1) A member and the dependents of a
member enrolled in the TRICARE program under this section shall
be entitled to the same benefits under this chapter as a member
of the uniformed services on active duty or a dependent of such
a member, respectively.
``(2) Section 1074(c) of this title shall apply with
respect to a member enrolled in the TRICARE program under this
section.
``(e) Premiums.--(1) The Secretary of Defense shall charge
premiums for coverage pursuant to enrollments under this
section. The Secretary shall prescribe for each of the TRICARE
program options a premium for self alone coverage and a premium
for self and family coverage.
``(2) The monthly amount of the premium in effect for a
month for a type of coverage under this section shall be the
amount equal to 28 percent of the total amount determined by
the Secretary on an appropriate actuarial basis as being
reasonable for the coverage.
``(3) The premiums payable by a member under this
subsection may be deducted and withheld from basic pay payable
to the member under section 204 of title 37 or from
compensation payable to the member under section 206 of such
title. The Secretary shall prescribe the requirements and
procedures applicable to the payment of premiums by members not
entitled to such basic pay or compensation.
``(4) Amounts collected as premiums under this subsection
shall be credited to the appropriation available for the
Defense Health Program Account under section 1100 of this
title, shall be merged with sums in such Account that are
available for the fiscal year in which collected, and shall be
available under subparagraph (B) of such section for such
fiscal year.
``(f) Other Charges.--A person who receives health care
pursuant to an enrollment in a TRICARE program option under
this section, including a member who receives such health care,
shall be subject to the same deductibles, copayments, and other
nonpremium charges for health care as apply under this chapter
for health care provided under the same TRICARE program option
to dependents described in subparagraph (A), (D), or (I) of
section 1072(2) of this title.
``(g) Termination of Enrollment.--(1) A member enrolled in
the TRICARE program under this section may terminate the
enrollment only during an open enrollment period provided under
subsection (c), except as provided in subsection (h).
``(2) An enrollment of a member for self alone or for self
and family under this section shall terminate on the first day
of the first month beginning after the date on which the member
ceases to be eligible under subsection (a).
``(3) The enrollment of a member under this section may be
terminated on the basis of failure to pay the premium charged
the member under this section.
``(h) Relationship to Transition TRICARE Coverage Upon
Separation From Active Duty.--(1) A member may not enroll in
the TRICARE program under this section while entitled to
transitional health care under subsection (a) of section 1145
of this title or while authorized to receive health care under
subsection (c) of such section.
``(2) A member who enrolls in the TRICARE program under
this section within 90 days after the date of the termination
of the member's entitlement or eligibility to receive health
care under subsection (a) or (c) of section 1145 of this title
may terminate the enrollment at any time within one year after
the date of the enrollment.
``(i) Certification of Noncoverage by Other Health Benefits
Plan.--The Secretary of Defense may require a member to submit
any certification that the Secretary considers appropriate to
substantiate the member's assertion that the member is not
covered for health care benefits under any other health
benefits plan.
``(j) Eligible Unemployment Compensation Recipient
Defined.--In this section, the term `eligible unemployment
compensation recipient' means, with respect to any month, any
individual who is determined eligible for any day of such month
for unemployment compensation under State law (as defined in
section 205(9) of the Federal-State Extended Unemployment
Compensation Act of 1970), including Federal unemployment
compensation laws administered through the State.
``(k) Regulations.--The Secretary of Defense, in
consultation with the other administering Secretaries, shall
prescribe regulations for the administration of this section.
``(l) Termination of Authority.--An enrollment in TRICARE
under this section may not continue after September 30,
2004.''.
(b) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1076a the following new item:
``1076b. TRICARE program: coverage for members of the Ready Reserve.''.
Sec. 1116. Section 1074 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(d)(1) For the purposes of this chapter, a member of a
reserve component of the armed forces who is issued a delayed-
effective-date active-duty order, or is covered by such an
order, shall be treated as being on active duty for a period of
more than 30 days beginning on the later of the date that is--
``(A) the date of the issuance of such order; or
``(B) 90 days before date on which the period of
active duty is to commence under such order for that
member.
``(2) In this subsection, the term `delayed-effective-date
active-duty order' means an order to active duty for a period
of more than 30 days in support of a contingency operation
under a provision of law referred to in section 101(a)(13)(B)
of this title that provides for active-duty service to begin
under such order on a date after the date of the issuance of
the order.
``(3) This section shall cease to be effective on September
30, 2004.''.
Sec. 1117. (a) Subject to subsection (b), during the period
beginning on the date of the enactment of this Act and ending
on September 30, 2004, section 1145(a) of title 10, United
States Code, shall be administered by substituting for
paragraph (3) the following:
``(3) Transitional health care for a member under
subsection (a) shall be available for 180 days beginning on the
date on which the member is separated from active duty.''.
(b)(1) Subsection (a) shall apply with respect to
separations from active duty that take effect on or after the
date of the enactment of this Act.
(2) Beginning on October 1, 2004, the period for which a
member is provided transitional health care benefits under
section 1145(a) of title 10, United States Code, shall be
adjusted as necessary to comply with the limits provided under
paragraph (3) of such section.
Sec. 1118. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
Section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national security
emergency or to meet dire operational requirements of the Armed
Forces.
Sec. 1119. The authority to utilize funds appropriated for
fiscal year 2003 for purposes provided by the first clause of
section 1314(1) of Public Law 108-11, shall apply to the
utilization of available funds appropriated for fiscal year
2004 for such purposes.
Sec. 1120. (a) Not later than April 30 and October 31 of
each year, the Secretary of Defense shall submit to Congress a
report on the military operations of the Armed Forces and the
reconstruction activities of the Department of Defense in Iraq
and Afghanistan.
(b) Each report shall include the following information:
(1) For each of Iraq and Afghanistan for the half-
fiscal year ending during the month preceding the due
date of the report, the amount expended for military
operations of the Armed Forces and the amount expended
for reconstruction activities, together with the
cumulative total amounts expended for such operations
and activities.
(2) An assessment of the progress made toward
preventing attacks on United States personnel.
(3) An assessment of the effects of the operations
and activities in Iraq and Afghanistan on the readiness
of the Armed Forces.
(4) An assessment of the effects of the operations
and activities in Iraq and Afghanistan on the
recruitment and retention of personnel for the Armed
Forces.
(5) For the half-fiscal year ending during the
month preceding the due date of the report, the costs
incurred for repair of Department of Defense equipment
used in the operations and activities in Iraq and
Afghanistan.
(6) The foreign countries, international
organizations, and nongovernmental organizations that
are contributing support for the ongoing military
operations and reconstruction activities, together with
a discussion of the amount and types of support
contributed by each during the half-fiscal year ending
during the month preceding the due date of the report.
(7) The extent to which, and the schedule on which,
the Selected Reserve of the Ready Reserve of the Armed
Forces is being involuntarily ordered to active duty
under section 12304 of title 10, United States Code.
(8) For each unit of the National Guard of the
United States and the other reserve components of the
Armed Forces on active duty pursuant to an order to
active duty under section 12304 of title 10, United
States Code, the following information:
(A) The unit.
(B) The projected date of return of the
unit to its home station.
(C) The extent (by percentage) to which the
forces deployed within the United States and
outside the United States in support of a
contingency operation are composed of reserve
component forces.
Sec. 1121. In addition to amounts made available elsewhere
in this Act, there is hereby appropriated to the Department of
Defense $100,000,000, for ``Operation and Maintenance, Army'':
Provided, That these funds are available only for the purpose
of securing and destroying conventional munitions in Iraq, such
as bombs, bomb materials, small arms, rocket propelled
grenades, and shoulder-launched missiles.
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
United States Coast Guard
OPERATING EXPENSES
For an additional amount for ``Operating Expenses'',
$23,183,000, for costs related to Hurricane Isabel damage.
Emergency Preparedness and Response
DISASTER RELIEF
For an additional amount for ``Disaster Relief'',
$500,000,000, to remain available until expended.
GENERAL PROVISION, THIS CHAPTER
Sec. 1201. Effective upon the enactment of the Project
BioShield Act of 2003, the Department of Homeland Security
Appropriations Act, 2004 (Public Law 108-90) is amended under
the heading ``Biodefense Countermeasures'' by striking
``securing medical countermeasures against biological terror
attacks'' and inserting the following: ``procuring security
countermeasures under section 319F-2(c) of the Public Health
Service Act, as authorized under section 510(a) of the Homeland
Security Act of 2002''.
CHAPTER 3
MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $162,100,000, to remain available until September 30,
2008: Provided, That notwithstanding any other provision of
law, such funds may be obligated or expended to carry out
planning and design and military construction projects not
otherwise authorized by law.
Military Construction, Navy
For an additional amount for ``Military Construction,
Navy'', $45,530,000, to remain available until September 30,
2008: Provided, That notwithstanding any other provision of
law, such funds may be obligated or expended to carry out
military construction projects not otherwise authorized by law.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $292,550,000, to remain available until September 30,
2008: Provided, That notwithstanding any other provision of
law, such funds may be obligated or expended to carry out
planning and design and military construction projects not
otherwise authorized by law.
Family Housing Operation and Maintenance, Army
For an additional amount for ``Family Housing Operation and
Maintenance, Army'', $11,420,000.
Family Housing Operation and Maintenance, Navy and Marine Corps
For an additional amount for ``Family Housing Operation and
Maintenance, Navy and Marine Corps'', $6,280,000.
Family Housing Operation and Maintenance, Air Force
For an additional amount for ``Family Housing Operation and
Maintenance, Air Force'', $6,981,000.
GENERAL PROVISION, THIS CHAPTER
Sec. 1301. (a) Temporary Authority To Use Operation and
Maintenance Funds for Military Construction Projects.--During
fiscal year 2004, the Secretary of Defense may use this section
as authority to obligate appropriated funds available for
operation and maintenance to carry out a construction project
outside the United States that the Secretary determines meets
each of the following conditions:
(1) The construction is necessary to meet urgent
military operational requirements of a temporary nature
involving the use of the Armed Forces in support of
Operation Iraqi Freedom or the Global War on Terrorism.
(2) The construction is not carried out at a
military installation where the United States is
reasonably expected to have a long-term presence.
(3) The United States has no intention of using the
construction after the operational requirements have
been satisfied.
(4) The level of construction is the minimum
necessary to meet the temporary operational
requirements.
(b) Limitation on Use of Authority.--The total cost of the
construction projects carried out under the authority of this
section using, in whole or in part, appropriated funds
available for operation and maintenance shall not exceed
$150,000,000 in fiscal year 2004.
(c) Notifications of Obligations of Funds.--Within fifteen
days after the date on which appropriated funds available for
operation and maintenance are first obligated for a
construction project under subsection (a), the Secretary of
Defense shall submit to the Congressional defense committees
notice of the obligation of funds and the construction project.
The notice shall include the following:
(1) Certification that the conditions specified in
subsection (a) are satisfied with regard to the
construction project.
(2) A description of the purpose for which
appropriated funds available for operation and
maintenance are being obligated.
(3) Relevant documentation detailing the
construction project.
(4) The total amount obligated for the
construction.
(d) Quarterly Report.--(1) Not later than 30 days after the
end of each fiscal-year quarter of fiscal year 2004, the
Secretary of Defense shall submit to the congressional
committees specified in subsection (f) a report on the
worldwide obligation and expenditure during that quarter of
appropriated funds available for operation and maintenance for
construction projects.
(2) The report shall include with regard to each project
the following:
(A) Certification that the conditions specified in
subsection (a) are satisfied with regard to the
construction project.
(B) A description of the purpose for which
appropriated funds available for operation and
maintenance are being obligated.
(C) Relevant documentation detailing the
construction project.
(D) An estimate of the total cost of the
construction project.
(E) The total amount obligated for the construction
project as of the date of the submission of the report.
(e) Relation to Other Authorities.--The temporary authority
provided by this section, and the limited authority provided by
section 2805(c) of title 10, United States Code, to use
appropriated funds available for operation and maintenance to
carry out a construction project are the only authorities
available to the Secretary of Defense and the Secretaries of
the military departments to use appropriated funds available
for operation and maintenance to carry out construction
projects.
(f) Congressional Committees.--The congressional committees
referred to in this section are the following:
(1) The Committee on Armed Services and the
Subcommittees on Defense and Military Construction of
the Committee on Appropriations of the Senate.
(2) The Committee on Armed Services and the
Subcommittees on Defense and Military Construction of
the Committee on Appropriations of the House of
Representatives.
TITLE II--IRAQ AND AFGHANISTAN RECONSTRUCTION AND INTERNATIONAL
ASSISTANCE
CHAPTER 1
DEPARTMENT OF JUSTICE
Legal Activities
GENERAL LEGAL ACTIVITIES
For necessary expenses for ``Salaries and Expenses, General
Legal Activities'', $15,000,000.
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING RESCISSION)
For necessary expenses for ``Diplomatic and Consular
Programs'', $156,300,000, of which $35,800,000 shall remain
available until September 30, 2006.
Of the funds appropriated under this heading in the
Emergency Wartime Supplemental Appropriations Act, 2003,
$35,800,000 are rescinded.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for ``Embassy Security,
Construction, and Maintenance'', $43,900,000, to remain
available until expended: Provided, That funds provided under
this heading do not include facilities requirements specific to
the United States Agency for International Development, which
are provided under the heading ``United States Agency for
International Development, Operating Expenses of the United
States Agency for International Development''.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for ``Emergencies in the Diplomatic
and Consular Service'', $115,500,000, to remain available until
expended, which may be transferred to, and merged with, the
appropriations for ``Diplomatic and Consular Programs'':
Provided, That of the funds made available under this heading,
$65,500,000 may be transferred to, and merged with, the
appropriations for ``Protection of Foreign Missions and
Officials''; of which $32,000,000 is for the reimbursement of
the City of New York for costs associated with the protection
of foreign missions and officials during the heightened state
of alert following the September 11, 2001, terrorist attacks on
the United States; of which $8,500,000 is for costs associated
with the 2003 Free Trade Area of the Americas Ministerial
meeting; and of which $25,000,000 is for costs associated with
the 2004 Summit of the Industrialized Nations notwithstanding
the limitations of 3 U.S.C. 202(10): Provided further, That of
the funds previously appropriated under this heading,
$2,000,000 is for rewards for an indictee of the Special Court
for Sierra Leone: Provided further, That any transfer of funds
provided under this heading shall be treated as a reprogramming
of funds under section 605 of Public Law 108-7.
International Organizations
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses for ``Contributions for
International Peacekeeping Activities'', $245,000,000, to
remain available until expended.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For necessary expenses for ``International Broadcasting
Operations'', for activities related to the Middle East
Television Network broadcasting to Iraq, $40,000,000.
GENERAL PROVISION--THIS CHAPTER
Sec. 2101. Funds appropriated under this chapter for the
Broadcasting Board of Governors and the Department of State may
be obligated and expended notwithstanding section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995, and section 15 of the State Department Basic Authorities
Act of 1956, as amended.
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
United States Agency for International Development
Operating Expenses of the United States Agency for International
Development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$38,100,000, for direct support of operations in Afghanistan,
to remain available until September 30, 2005.
In addition, for direct support of operations in Iraq,
$1,900,000, which shall be transferred to and merged with
``Operating Expenses of the United States Agency for
International Development Office of Inspector General'' for
financial and performance audits of the Iraq Relief and
Reconstruction Fund and other assistance to Iraq, to remain
available until September 30, 2005.
CAPITAL INVESTMENT FUND
For an additional amount for ``Capital Investment Fund'',
$16,600,000, to remain available until expended: Provided, That
the Administrator of the United States Agency for International
Development shall assess fair and reasonable rental payments
for the use of space by employees of other United States
Government agencies in buildings constructed using funds
appropriated under this heading, and such rental payments shall
be deposited into this account as an offsetting collection:
Provided further, That the rental payments collected pursuant
to the previous proviso and deposited as an offsetting
collection shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations.
OTHER BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
IRAQ RELIEF AND RECONSTRUCTION FUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the purposes of the
Foreign Assistance Act of 1961, for security, relief,
rehabilitation and reconstruction in Iraq, $18,649,000,000, to
remain available until September 30, 2006, to be allocated as
follows: $3,243,000,000 for security and law enforcement;
$1,318,000,000 for justice, public safety infrastructure, and
civil society, of which $100,000,000 shall be made available
for democracy building activities, and of which $10,000,000
shall be made available to the United States Institute for
Peace for activities supporting peace enforcement, peacekeeping
and post-conflict peacebuilding; $5,560,000,000 for the
electric sector; $1,890,000,000 for oil infrastructure;
$4,332,000,000 for water resources and sanitation; $500,000,000
for transportation and telecommunications; $370,000,000 for
roads, bridges, and construction; $793,000,000 for health care;
$153,000,000 for private sector development; and $280,000,000
for education, refugees, human rights, and governance:
Provided, That the President may reallocate up to 10 percent of
any of the preceding allocations, except that the total for the
allocation receiving such funds may not be increased by more
than 20 percent: Provided further, That the President may
increase one such allocation only by up to an additional 20
percent in the event of unforeseen or emergency circumstances:
Provided further, That such reallocations shall be subject to
the regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act
of 1961 and notifications shall be transmitted at least 15 days
in advance of the obligation of funds: Provided further, That
funds appropriated under this heading shall be apportioned only
to the Coalition Provisional Authority in Iraq (in its capacity
as an entity of the United States Government), the Department
of State, the Department of Health and Human Services, the
Department of Treasury, the Department of Defense, and the
United States Agency for International Development: Provided
further, That upon a determination that all or part of the
funds so transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That
of the amount appropriated in this paragraph, not less than
$6,000,000 shall be made available for administrative expenses
of the Department of State Bureau of International Narcotics
Control and Law Enforcement Affairs and not less than
$29,000,000 shall be made available for administrative expenses
of the United States Agency for International Development for
support of the reconstruction activities in Iraq: Provided
further, That of the funds appropriated under this heading, up
to 10 percent of such funds that are obligated, managed, or
administered by an agency of the United States Government,
other than the Coalition Provisional Authority, shall be made
available to such agency to fully pay for its administrative
expenses: Provided further, That up to 1 percent of the amount
appropriated in this paragraph may be transferred to
``Operating Expenses of the Coalition Provisional Authority'',
and that any such transfer shall be in accordance with the
regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act
of 1961: Provided further, That funds appropriated under this
heading shall be used to protect and promote public health and
safety, including for the arrest, detention and prosecution of
criminals and terrorists: Provided further, That of the funds
appropriated under this heading, assistance shall be made
available for Iraqi civilians who have suffered losses as a
result of military operations: Provided further, That
contributions of funds for the purposes provided herein from
any person, foreign government, or international organization,
may be credited to this Fund and used for such purposes:
Provided further, That the Administrator of the Coalition
Provisional Authority shall seek to ensure that programs,
projects and activities funded under this heading, comply fully
with USAID's ``Policy Paper: Disability'' issued on September
12, 1997: Provided further, That the Coalition Provisional
Authority shall work, in conjunction with relevant Iraqi
officials, to ensure that a new Iraqi constitution preserves
full rights to religious freedom and tolerance of all faiths:
Provided further, That of the funds appropriated under this
heading, $100,000,000 shall be transferred to and consolidated
with funds appropriated by this Act for ``Economic Support
Fund'' for assistance for Jordan, $100,000,000 of such funds
shall be transferred to and consolidated with funds
appropriated by this Act for ``International Disaster and
Famine Assistance'' for assistance for Liberia, and $10,000,000
of such funds shall be transferred to and consolidated with
funds appropriated by this Act for ``International Disaster and
Famine Assistance'' for assistance for Sudan.
Operating Expenses of the Coalition Provisional Authority
For necessary expenses of the Coalition Provisional
Authority in Iraq, established pursuant to United Nations
Security Council resolutions including Resolution 1483, for
personnel costs, transportation, supply, equipment, facilities,
communications, logistics requirements, studies, physical
security, media support, promulgation and enforcement of
regulations, and other activities needed to oversee and manage
the relief and reconstruction of Iraq and the transition to
democracy, $933,000,000, to remain available until September
30, 2005: Provided, That the appropriation of funds under this
heading shall not be construed to limit or otherwise affect the
ability of the Department of Defense to furnish assistance and
services, and any other support, to the Coalition Provisional
Authority.
In addition, $50,000,000, to remain available until
September 30, 2005, to be used to fulfill the reporting and
monitoring requirements of this Act and for the preparation and
maintenance of public records required by this Act.
Economic Support Fund
For an additional amount for ``Economic Support Fund'',
$872,000,000, to remain available until December 31, 2004:
Provided, That not less than $672,000,000 is available only for
accelerated assistance for Afghanistan: Provided further, That
these funds are available notwithstanding section 660 of the
Foreign Assistance Act of 1961, and section 620(q) of that Act
or any comparable provision of law: Provided further, That
these funds may be used for activities related to disarmament,
demobilization, and reintegration of militia combatants,
including registration of such combatants, notwithstanding
section 531(e) of the Foreign Assistance Act of 1961: Provided
further, That the obligation of funds made available by this
Act or any prior appropriations Act for the purpose of
deploying and supporting senior advisors to the United States
Chief of Mission in Kabul, Afghanistan, is subject to the
regular reprogramming and notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961: Provided further, That $60,000,000
should be made available for assistance for Afghan women and
girls and $5,000,000 shall be made available for the Afghan
Independent Human Rights Commission: Provided further, That not
less than $8,000,000 is available only for the provision of
adequate dedicated air transport and support for civilian
personnel at provincial reconstruction team sites: Provided
further, That upon the receipt by the Speaker of the House of
Representatives and the President of the Senate of a
determination by the President that the Government of Pakistan
is cooperating with the United States in the global war on
terrorism, not to exceed $200,000,000 appropriated under this
heading may be used for the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of modifying direct loans
and guarantees for Pakistan: Provided further, That amounts
that are made available under the previous proviso for the cost
of modifying direct loans and guarantees shall not be
considered ``assistance'' for the purposes of provisions of law
limiting assistance to a country.
International Disaster and Famine Assistance
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for International Disaster and
Famine Assistance utilizing the general authorities of section
491 of the Foreign Assistance Act of 1961, to respond to or
prevent unforeseen complex foreign crises in Liberia and Sudan,
$110,000,000, and by transfer not to exceed 0.5 percent of the
funds appropriated under any other heading in this chapter, to
remain available to the Secretary of State until September 30,
2005: Provided, That funds appropriated under this heading may
be made available only pursuant to a determination by the
President, after consultation with the appropriate
congressional committees, that it is in the national interest
and essential to efforts to reduce international terrorism to
furnish assistance on such terms and conditions as he may
determine for such purposes, including support for peace and
humanitarian intervention operations: Provided further, That
none of these funds shall be available to respond to natural
disasters: Provided further, That funds made available under
this heading to respond to or prevent unforeseen complex
foreign crises shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That not less than $100,000,000 of the funds
appropriated under this heading shall be made available for
assistance for Liberia.
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $170,000,000, to remain
available until December 31, 2004, for accelerated assistance
for Afghanistan.
Nonproliferation, Anti-Terrorism, Demining and Related Programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $35,000,000, for
accelerated assistance for Afghanistan.
MILITARY ASSISTANCE
Funds Appropriated to the President
Foreign Military Financing Program
For an additional amount for the ``Foreign Military
Financing Program'', $287,000,000, for accelerated assistance
for Afghanistan.
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$50,000,000, to support the global war on terrorism.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 2201. None of the funds appropriated by this Act or
any unexpended funds provided in Public Law 108-11 may be used
to repay, in whole or in part, principal or interest on any
loan or guarantee agreement entered into by the Government of
Iraq with any private or public sector entity including with
the government of any country (including any agency of such
government or any entity owned in whole or in part by the
government of such country) or with any international financial
institution, prior to May 1, 2003: Provided, That for the
purpose of this section, the term ``international financial
institution'' shall mean those institutions contained in
section 530(b) of division E of Public Law 108-7.
Sec. 2202 (a) Notwithstanding any other provision of law,
none of the funds appropriated by this Act under the heading
``Iraq Relief and Reconstruction Fund'' and under the same
heading in Public Law 108-11 may be used for entering into any
Federal contract (including follow-on contract) using other
than full and open competition, except in accordance with the
Federal Property and Administrative Procedures Act (41 U.S.C.
251 et seq.), and any exception, if deemed necessary, shall be
only upon the written approval of the Administrator of the
Coalition Provisional Authority and the head of the executive
agency of the United States awarding and managing such contract
and such authority shall not be delegated.
(b) In any case in which procedures other than full and
open competitive procedures are to be used to enter into a
contract, the Administrator of the Coalition Provisional
Authority or the head of such executive agency of the United
States shall submit not later than 7 calendar days before the
award of the contract a notification to the Committees on
Appropriations, and the Committees on Government Reform and
International Relations of the House of Representatives, and
the Committees on Governmental Affairs and Foreign Relations of
the Senate. Such notification shall provide the justification
for use of other than full and open competitive procedures, a
brief description of the contract's scope, the amount of the
contract, a discussion of how the contracting agency identified
and solicited offers from contractors, a list of the
contractors solicited, and the justification and approval
documents (as required under section 303(f)(1) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(f)(1)) on which was based the determination of use of
procedures other than full and open competitive procedures.
(c)(1) This section shall not apply to contracts of less
than $5,000,000.
(2) This section also shall apply to any extension,
amendment or modification of contracts entered into prior to
the enactment of this Act using other than full and open
competitive procedures using Iraq Relief and Reconstruction
Funds in this Act and under Public Law 108-11 or funds made
available in prior Foreign Operations, Export Financing and
Related Programs Appropriations Acts.
(3) This section shall not apply to contracts authorized by
the Small Business Act (15 U.S.C. 631 et seq.).
Sec. 2203. (a) Disclosure Required.--
(1) Publication and public availability.--The
Administrator of the Coalition Provisional Authority or
the head of an executive agency of the United States
that enters into a contract for assistance for Iraq,
using funds described in paragraph (2), through the use
of other than full and open competitive procedures,
shall publish in the Federal Register or Federal
Business Opportunities, and otherwise make available to
the public, including publication on the Coalition
Provisional Authority's website, not later than 7 days
before the date on which the contract is entered into,
the following information:
(A) The amount of the contract.
(B) A brief description of the scope of the
contract.
(C) A discussion of how the executive
agency and, when applicable, the Coalition
Provisional Authority, identified, and
solicited offers from, potential contractors to
perform the contract, together with a list of
the potential contractors that were issued
solicitations for the offers.
(D) The justification and approval
documents (as required under section 303(f)(1)
of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(f)(1)) on
which was based the determination to use
procedures other than competitive procedures.
(2) Funds.--The funds referred to in paragraph (1)
are any funds under the heading ``Iraq Relief and
Reconstruction Fund'' in this Act, and under the same
heading in Public Law 108-11.
(3) Applicability.--
(A) This section shall also apply to any
extension, amendment or modification of
contracts entered into prior to the enactment
of this Act using other than full and open
competitive procedures using Iraq Relief and
Reconstruction Funds in this Act and under
Public Law 108-11 or funds made available in
prior Foreign Operations, Export Financing and
Related Programs Appropriations Acts.
(B) This section shall not apply to
contracts of less than $5,000,000.
(C) This section shall not apply to
contracts authorized by the Small Business Act
(15 U.S.C. 631 et seq.).
(b) Classified Information.--
(1) Authority to withhold.--The head of an
executive agency may--
(A) withhold from publication and
disclosure under subsection (a) any document
that is classified for restricted access in
accordance with an Executive order in the
interest of national defense or foreign policy;
and
(B) redact any part so classified that is
in a document not so classified before
publication and disclosure of the document
under subsection (a).
(2) Availability to congress.--In any case in which
the head of an executive agency withholds information
under paragraph (1), the head of such executive agency
shall make available an unredacted version of the
document containing that information to the chairman
and ranking member of each of the following committees
of Congress:
(A) The Committee on Governmental Affairs
of the Senate and the Committee on Government
Reform of the House of Representatives.
(B) The Committees on Appropriations of the
Senate and the House of Representatives.
(C) Each committee that the head of the
executive agency determines has legislative
jurisdiction for the operations of such
department or agency to which the information
related.
(c) Relationship to Other Disclosure Laws.--Nothing in this
section shall be construed as affecting obligations to disclose
United States Government information under any other provision
of law.
(d) Definitions.--In this section and section 2202 of this
Act, the terms ``full and open competitive procedures'' and
``executive agency'' have the meanings given such terms in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403).
Sec. 2204. Section 1503 of Public Law 108-11 is amended--
(1) by striking ``equipment'' and inserting in lieu
thereof ``equipment, including equipment''; and
(2) by striking ``2004'' and inserting in lieu
thereof ``2005''.
Sec. 2205. Section 1504 of Public Law 108-11 is amended
by--
(1) in the first proviso, striking the first
proviso, and inserting in lieu thereof: ``Provided,
That, subject to the notification requirements of this
section, exports may be authorized of lethal military
equipment designated by the Secretary of State for use
by a reconstituted (or interim) Iraqi military or
police force, and of small arms designated by the
Secretary of State for use for private security
purposes:''; and
(2) in the last proviso, striking ``2004'' and
inserting in lieu thereof ``2005''.
Sec. 2206. Section 202(b) of the Afghanistan Freedom
Support Act of 2002 (Public Law 107-327) is amended by striking
``$300,000,000'' and inserting in lieu thereof
``$450,000,000''.
Sec. 2207. (a) The Director of the Office of Management and
Budget, in consultation with the Administrator of the Coalition
Provisional Authority (CPA) and the Committees on
Appropriations, shall submit to the Committees on
Appropriations not later than January 5, 2004 and prior to the
initial obligation of funds appropriated by this Act under the
heading ``Iraq Relief and Reconstruction Fund'' a report on the
proposed uses of all funds under this heading on a project-by-
project basis, for which the obligation of funds is anticipated
during the 3 month period from such date, including estimates
by the CPA of the costs required to complete each such project:
Provided, That up to 20 percent of funds appropriated under
such heading may be obligated before the submission of the
report: Provided further, That in addition such report shall
include the following:
(1) The use of all funds on a project-by-project
basis for which funds appropriated under such heading
were obligated prior to the submission of the report,
including estimates by the CPA of the costs required to
complete each project.
(2) The distribution of duties and responsibilities
regarding such projects among the agencies of the
United States Government.
(3) Revenues to the CPA attributable to or
consisting of funds provided by foreign governments and
international organizations, disaggregated by donor,
any obligations or expenditures of such revenues, and
the purpose of such obligations and expenditures.
(4) Revenues to the CPA attributable to or
consisting of foreign assets seized or frozen, any
obligations or expenditures of such revenues, and the
purpose of such obligations and expenditures.
(b) Any proposed new projects and increases in funding of
ongoing projects shall be reported to the Committees on
Appropriations in accordance with regular notification
procedures.
(c) The report required by subsection (a) shall be updated
and submitted to the Committees on Appropriations every 3
months and shall include information on how the estimates and
assumptions contained in previous reports have changed.
(d) The requirements of this section shall expire on
October 1, 2007.
Sec. 2208. Any reference in this chapter to the ``Coalition
Provisional Authority in Iraq'' or the ``Coalition Provisional
Authority'' shall be deemed to include any successor United
States Government entity with the same or substantially the
same authorities and responsibilities as the Coalition
Provisional Authority in Iraq.
Sec. 2209. Assistance or other financing under chapter 2 of
this title may be provided for Iraq and Afghanistan
notwithstanding any other provision of law not contained in
this Act that restricts assistance to foreign countries and
section 660 of the Foreign Assistance Act of 1961: Provided,
That funds made available for Iraq pursuant to the authority of
this section shall be subject to the regular reprogramming
notification procedures of the Committees on Appropriations and
section 634A of the Foreign Assistance Act of 1961, except that
notification shall be transmitted at least 5 days in advance of
obligation.
Sec. 2210. Funds made available in chapter 2 of this title
are made available notwithstanding section 10 of Public Law 91-
672 and section 15 of the State Department Basic Authorities
Act of 1956, as amended.
Sec. 2211. Notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of the Foreign
Assistance Act of 1961 in Iraq: Provided, That funds made
available pursuant to the authority of this section shall be
subject to the regular reprogramming notification procedures of
the Committees on Appropriations.
Sec. 2212. In addition to transfer authority otherwise
provided in chapter 2 of this title, any appropriation made
available in chapter 2 of this title may be transferred between
such appropriations, to be available for the same purposes and
the same time as the appropriation to which transferred:
Provided, That the total amount transferred pursuant to this
section shall not exceed $100,000,000: Provided further, That
the Secretary of State shall consult with the Committees on
Appropriations prior to exercising the authority contained in
this section: Provided further, That funds made available
pursuant to the authority of this section shall be subject to
the regular notification procedures of the Committees on
Appropriations, except that notification shall be transmitted
at least 10 days in advance of the obligation of funds.
Sec. 2213. Public Law 107-57 is amended--
(1) in section 1(b), by striking ``2003'' wherever
appearing (including in the caption), and inserting in
lieu thereof ``2004'';
(2) in section 3(2), by striking ``Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2002, as is'' and inserting in lieu
thereof ``annual foreign operations, export financing,
and related programs appropriations Acts for fiscal
years 2002, 2003, and 2004, as are''; and
(3) in section 6, by striking ``2003'' and
inserting in lieu thereof ``2004''.
Sec. 2214. The Afghanistan Freedom Support Act of 2002
(Public Law 107-327), is amended in section 108(a), by striking
``$425,000,000 for each of the fiscal years 2003 through 2006''
and inserting in lieu thereof ``$1,825,000,000 for fiscal year
2004 and $425,000,000 for each of fiscal years 2005 and 2006''.
Sec. 2215. Reports on Iraq and Afghanistan. (a)(1) The
Coalition Provisional Authority (CPA) shall, on a monthly basis
until September 30, 2006, submit a report to the Committees on
Appropriations which details, for the preceding month, Iraqi
oil production and oil revenues, and uses of such revenues.
(2) The first report required by this subsection shall be
submitted not later than 30 days after enactment of this Act.
(3) The reports required by this subsection shall also be
made publicly available in both English and Arabic, including
through the CPA's Internet website.
(b) The Secretary of State, in consultation with the heads
of other relevant Federal agencies, shall submit a report to
the Committees on Appropriations not later than 90 days after
enactment of this Act detailing:
(1) the amount of debt incurred by the Government
of Saddam Hussein in Iraq, the impact forgiveness of
such debt would have on reconstruction and long-term
prosperity in Iraq, and the estimated amount that Iraq
will pay, or that will be paid on behalf of Iraq, to a
foreign country to service such debt during fiscal year
2004;
(2) the efforts of the Government of the United
States to increase resources contributed by foreign
countries and international organizations, including
the United Nations, to the reconstruction and
rehabilitation of Iraq and to increase international
participation in peacekeeping and security efforts in
Iraq;
(3) the manner in which the needs of people with
disabilities are being addressed in the development and
implementation of programs, projects and activities
funded by the United States Government in Iraq and
Afghanistan;
(4) the progress being made toward indicting and
trying leaders of the former Iraqi regime for war
crimes, genocide, and crimes against humanity; and
(5) the efforts of relevant Iraqi officials and
legal advisors to ensure that a new Iraqi constitution
preserves religious freedom and tolerance of all
faiths.
(c) Title III of Public Law 107-327 is amended as follows
by inserting the following new section:
``SEC. 304. REPORTS.
``The Secretary of State shall submit reports to the
Committees on Foreign Relations and Appropriations of the
Senate, and the Committees on International Relations and
Appropriations of the House of Representatives on progress made
in accomplishing the `Purposes of Assistance' set forth in
section 102 of this Act utilizing assistance provided by the
United States for Afghanistan. The first report shall be
submitted no later than December 31, 2003, and subsequent
reports shall be submitted in conjunction with reports required
under section 303 of this title and thereafter through December
31, 2004.''.
Sec. 2216. None of the funds appropriated or otherwise made
available under chapter 2 of title II of this Act may be
obligated or expended for any activity in contravention of
Articles 1 and 4 of the Optional Protocol to the Convention on
the Rights of the Child on the Involvement of Children in Armed
Conflicts.
Sec. 2217. Participation of Women in Afghanistan and Iraq
Reconstruction. (a) Governance.--Activities carried out by the
United States with respect to the civilian governance of
Afghanistan and Iraq shall, to the maximum extent practicable--
(1) include the perspectives and advice of women's
organizations in Afghanistan and Iraq, respectively;
(2) promote the high level participation of women
in future legislative bodies and ministries and ensure
that human rights for women are upheld in any
constitution or legal institution of Afghanistan and
Iraq, respectively.
(b) Post-Conflict Reconstruction and Development.--
Activities carried out by the United States with respect to
post-conflict stability in Afghanistan and Iraq shall, to the
maximum extent practicable--
(1) encourage the United States organizations that
receive funds made available by this Act to provide
significant financial resources, technical assistance
and capacity building to counterpart organizations led
by Afghans and Iraqis, respectively;
(2) increase the access of women to, or ownership
by women of, productive assets such as land, water,
agricultural inputs, credit, and property in
Afghanistan and Iraq, respectively;
(3) provide long-term financial assistance for
education for girls and women in Afghanistan and Iraq,
respectively; and
(4) integrate education and training programs for
former combatants in Afghanistan and Iraq,
respectively, with economic development programs to--
(A) encourage the reintegration of such
former combatants into society; and
(B) promote post-conflict stability in
Afghanistan and Iraq, respectively.
(c) Military and Police.--Activities carried out by the
United States with respect to training for military and police
forces in Afghanistan and Iraq shall include training, designed
in consultation with women's organizations in Afghanistan and
Iraq, respectively, on the protection, rights, and particular
needs of women.
TITLE III--INSPECTOR GENERAL OF THE COALITION PROVISIONAL AUTHORITY.
SEC. 3001. INSPECTOR GENERAL OF THE COALITION PROVISIONAL AUTHORITY.
(a) Purposes.--The purposes of this section are as follows:
(1) To provide for the independent and objective
conduct and supervision of audits and investigations
relating to the programs and operations of the
Coalition Provisional Authority (CPA).
(2) To provide for the independent and objective
leadership and coordination of, and recommendations on,
policies designed to--
(A) promote economy efficiency, and
effectiveness in the administration of such
programs and operations; and
(B) prevent and detect fraud and abuse in
such programs and operations.
(3) To provide for an independent and objective
means of keeping the head of the Coalition Provisional
Authority fully and currently informed about problems
and deficiencies relating to the administration of such
programs and operations and the necessity for and
progress for corrective action.
(b) Office of Inspector General.--There is hereby
established the Office of the Inspector General of the
Coalition Provisional Authority.
(c) Appointment of Inspector General; Removal.--(1) The
head of the Office of the Inspector General of the Coalition
Provisional Authority is the Inspector General of the Coalition
Provisional Authority, who shall be appointed by the Secretary
of Defense, in consultation with the Secretary of State.
(2) The appointment of Inspector General shall be made
solely on the basis of integrity and demonstrated ability in
accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations.
(3) The nomination of an individual as Inspector General
shall be made not later than 30 days after the date of the
enactment of this Act.
(4) The Inspector General shall be removable from office in
accordance with the provisions of section 3(b) of the Inspector
General Act of 1978 (5 U.S.C. App.).
(5) For purposes of section 7324 of title 5, United States
Code, the Inspector General shall not be considered an employee
who determines policies to be pursued by the United States in
the nationwide administration of Federal law.
(6) The annual rate of basic pay of the Inspector General
shall be the annual rate of basic pay provided for positions at
level IV of the Executive Schedule under section 5315 of title
5, United States Code.
(d) Assistant Inspectors General.--The Inspector General
shall, in accordance with applicable laws and regulations
governing the civil service--
(1) appoint an Assistant Inspector General for
Auditing who shall have the responsibility for
supervising the performance of auditing activities
relating to programs and operations of the Coalition
Provisional Authority; and
(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and operations.
(e) Supervision.--(1) Except as provided in paragraph (2),
the Inspector General shall report directly to, and be under
the general supervision of, the head of the Coalition
Provisional Authority.
(2) Neither the head of the Coalition Provisional
Authority, any other officer of the Coalition Provisional
Authority, nor any other officer of the Department of Defense,
the Department of State, or the United States Agency for
International Development shall prevent or prohibit the
Inspector General from initiating, carrying out, or completing
any audit or investigation, or from issuing any subpoena during
the course of any audit or investigation.
(f) Duties.--(1) It shall be the duty of the Inspector
General to conduct, supervise, and coordinate audits and
investigations of the treatment, handling, and expenditure of
appropriated funds by the Coalition Provisional Authority in
Iraq, and of the programs, operations, and contracts carried
out utilizing such funds, including--
(A) the oversight and accounting of the obligation
and expenditure of such funds;
(B) the monitoring and review of reconstruction
activities funded by such funds;
(C) the monitoring and review of contracts funded
by such funds;
(D) the monitoring and review of the transfer of
such funds and associated information between and among
the Coalition Provisional Authority, other departments,
agencies, and entities of the Federal Government, and
private and nongovernmental entities; and
(E) the maintenance of records on the use of such
funds to facilitate future audits and investigations of
the use of such funds.
(2) The Inspector General shall establish, maintain, and
oversee such systems, procedures, and controls as the Inspector
General considers appropriate to discharge the duty under
paragraph (1).
(3) In addition to the duties specified in paragraphs (1)
and (2), the Inspector General shall also have the duties and
responsibilities of inspectors general under the Inspector
General Act of 1978.
(4) In carrying out the duties, responsibilities, and
authorities of the Inspector General under this section, the
Inspector General shall coordinate with, and receive the
cooperation of, the Inspector General of the Department of
Defense.
(5) In carrying out the duties, and responsibilities, and
authorities of the Inspector General under this section, the
Inspector General shall coordinate with, and receive the
cooperation of the Inspector General of the United States
Agency for International Development.
(g) Powers and Authorities.--(1) In carrying out the duties
specified in subsection (f), the Inspector General shall have
the authorities provided in section 6 of the Inspector General
Act of 1978.
(2) The Inspector General shall carry out the duties
specified in subsection (f)(1) in accordance with section
4(b)(1) of the Inspector General Act of 1978.
(h) Personnel, Facilities, and Other Resources.--(1) The
Inspector General may select, appoint, and employ such officers
and employees as may be necessary for carrying out the duties
of the Inspector General, subject to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and the provisions of chapter 51 and subchapter III of
chapter 53 of such title, relating to classification and
General Schedule pay rates.
(2) The Inspector General may obtain services as authorized
by section 3109 of title 5, United States Code, at daily rates
not to exceed the equivalent rate prescribed for grade GS-15 of
the General Schedule by section 5332 of such title.
(3) To the extent and in such amounts as may be provided in
advance by appropriations Acts, the Inspector General my enter
into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with
private persons, and make such payments as may be necessary to
carry out the duties of the Inspector General.
(4)(A) Upon request of the Inspector General for
information or assistance from any department, agency, or other
entity of the Federal Government, the head of such entity
shall, insofar as is practicable and not in contravention of
any existing law, furnish such information or assistance to the
Inspector General, or an authorized designee.
(B) Whenever information or assistance requested by the
Inspector General is, in the judgment of the Inspector General,
unreasonably refused or not provided, the Inspector General
shall report the circumstances to the head of the Coalition
Provisional Authority and to the appropriate committees of
Congress without delay.
(5) The head of the Coalition Provisional Authority shall
provide the Inspector General with appropriate and adequate
office space at the central and field office locations of the
Coalition Provisional Authority, together with such equipment,
office supplies, and communications facilities and services as
may be necessary for the operation of such offices, and shall
provide necessary maintenance services for such offices and the
equipment and facilities located therein.
(i) Reports.--(1) Not later than March 30, 2004, and every
calendar quarter thereafter, the Inspector General shall submit
to the appropriate committees of Congress a report summarizing
the activities of the Inspector General and the Coalition
Provisional Authority during the 120-day period ending on the
date of such report. Each report shall include, for the period
covered by such report, a detailed statement of all
obligations, expenditures, and revenues associated with
reconstruction and rehabilitation activities in Iraq, including
the following:
(A) Obligations and expenditures of appropriated
funds.
(B) A project-by-project and program-by-program
accounting of the costs incurred to date for the
reconstruction of Iraq, together with the estimate of
the Coalition Provisional Authority of the costs to
complete each project and each program.
(C) Revenues attributable to or consisting of funds
provided by foreign nations or international
organizations, and any obligations or expenditures of
such revenues.
(D) Revenues attributable to or consisting of
foreign assets seized or frozen, and any obligations or
expenditures of such revenues.
(E) Operating expenses of the Coalition Provisional
Authority and of any other agencies or entities
receiving appropriated funds.
(F) In the case of any contract described in
paragraph (2)--
(i) the amount of the contract or other
agreement;
(ii) a brief discussion of the scope of the
contract or other agreement;
(iii) a discussion of how the Coalition
Provisional Authority identified, and solicited
offers from, potential contractors to perform
the contract, together with a list of the
potential contractors that were issued
solicitations for the offers; and
(iv) the justification and approval
documents on which was based the determination
to use procedures other than procedures that
provide for full and open competition.
(2) A contract described in this paragraph is any major
contract or other agreement that is entered into by the
Coalition Provisional Authority with any public or private
sector entity for any of the following purposes:
(A) To build or rebuild physical infrastructure of
Iraq.
(B) To establish or reestablish a political or
societal institution of Iraq.
(C) To provide products or services to the people
of Iraq.
(3) Not later than June 30, 2004, and semiannually
thereafter, the Inspector General shall submit to the
appropriate committees of Congress a report meeting the
requirements of section 5 of the Inspector General Act of 1978
(4) The Inspector General shall publish each report under
this subsection in both English and Arabic on the Internet
website of the Coalition Provisional Authority.
(5) Each report under this subsection may include a
classified annex if the Inspector General considers it
necessary.
(6) Nothing in this subsection shall be construed to
authorize the public disclosure of information that is--
(A) specifically prohibited from disclosure by any
other provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national
defense or national security or in the conduct of
foreign affairs; or
(C) a part of an ongoing criminal investigation.
(j) Report Coordination.--(1) The Inspector General shall
also submit each report under subsection (i) to the head of the
Coalition Provisional Authority.
(2)(A) Not later than 30 days after receipt of a report
under paragraph (1), the head of the Coalition Provisional
Authority may submit to the appropriate committees of Congress
any comments on the matters covered by the report as the head
of the Coalition Provisional Authority considers appropriate.
(B) A report under this paragraph may include a classified
annex if the head of the Coalition Provisional Authority
considers it necessary.
(k) Transparency.--(1) Not later than 60 days after the
date of the submittal to Congress of a report under subsection
(i), the head of the Coalition Provisional Authority shall make
copies of such report available to the public upon request, and
at a reasonable cost.
(2) Not later than 60 days after the date of the submittal
to Congress under subsection (j)(2) of comments on a report
under subsection (i), the head of the Coalition Provisional
Authority shall make copies of such comments available to the
public upon request, and at a reasonable cost.
(l) Waiver.--(1) The President may waive the requirement
under paragraph (1) or (3) of subsection (i) for the inclusion
in a report under such paragraph of any element otherwise
provided for under such paragraph if the President determines
that the waiver is justified for national security reasons.
(2) The President shall publish a notice of each waiver
made under this subsection in the Federal Register no later
than the date on which the reports required under paragraph (1)
or (3) of subsection (i) are submitted to Congress. The reports
required under paragraph (1) or (3) of subsection (i) shall
specify whether waivers under this subsection were made and
with respect to which elements.
(m) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed
Services, and International Relations of the House of
Representatives.
(n) Funding.--(1) Of the amounts appropriated for fiscal
year 2004 for the Operating Expenses of the Coalition
Provisional Authority in title II of this Act, $75,000,000
shall be available to carry out this section.
(2) The amount available under paragraph (1) shall remain
available until expended.
(o) The Office of Inspector General shall terminate 6
months after the authorities and duties of the Coalition
Provisional Authority cease to exist.
TITLE IV--GENERAL PROVISIONS, THIS ACT
Sec. 4001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 4002. The amounts provided in this Act are designated
by the Congress as an emergency requirement pursuant to section
502 of H. Con. Res. 95 (108th Congress).
Sec. 4003. For purposes of computing the amount of a
payment for an eligible local educational agency under section
8003(a) of the Elementary and Secondary Education Act (20
U.S.C. 7703(a)) for school year 2003-2004, children enrolled in
a school of such agency who would otherwise be eligible to be
claimed for payment under section 8003(a)(1)(B) of such Act,
but due to the deployment of both parents or legal guardians,
or a parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside
on Federal property as described in section 8003(a)(1)(B)), are
no longer eligible under such section, shall be considered as
eligible students under such section, provided such students
remain in average daily attendance at a school in the same
local educational agency they attended prior to their change in
eligibility status.
This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004''.
And the Senate agree to the same.
Bill Young,
Jerry Lewis,
Hal Rogers,
Frank Wolf,
Jim Kolbe,
James T. Walsh,
Joe Knollenberg,
John P. Murtha,
Nita M. Lowey,
Chet Edwards,
Managers on the Part of the House.
Ted Stevens,
Thad Cochran,
Arlen Specter,
Pete Domenici,
Christopher Bond,
Mitch McConnell,
Conrad Burns,
Richard C. Shelby,
Judd Gregg,
Robert F. Bennett,
Ben Nighthorse Campbell,
Larry Craig,
Kay Bailey Hutchison,
Mike DeWine,
Sam Brownback,
Daniel K. Inouye,
Ernest P. Hollings
(except title II),
Patrick J. Leahy
(except title II),
Tom Harkin
(except title II),
Barbara A. Mikulski
(except title II),
Harry Reid
(except title II),
Patty Murray
(except title II),
Byron L. Dorgan
(except title II),
Dianne Feinstein
(except title II),
Tim Johnson
(except title II),
Mary L. Landrieu
(except title II),
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 3289) 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, submit the
following joint statement to the House and the Senate in
explanation of the effects of the action agreed upon by the
managers and recommended in the accompanying conference report.
Report language included by the House in the report
accompanying H.R. 3289 (H. Rept. 108-312) and included by the
Senate in the report accompanying S. 1689 (S. Rept. 108-160)
should be complied with unless specifically addressed in this
statement of the managers. The statement of the managers, while
repeating some report language for emphasis, is not intended to
negate the language referred to above unless expressly provided
herein.
TITLE I--NATIONAL SECURITY
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
Chapter 1 of the conference agreement recommends
$64,702,554,000 for the Department of Defense, instead of
$64,702,854,000 as proposed by the House and $65,147,554,000 as
proposed by the Senate.
The following table provides details of the supplemental
appropriations in this chapter.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Military Personnel:
Military Personnel, Army................ 12,858,870 12,188,870 12,858,870 12,858,870
Military Personnel, Navy................ 816,100 816,100 816,100 816,100
Military Personnel, Marine Corps........ 753,190 753,190 753,190 753,190
Military Personnel, Air Force........... 3,384,700 3,384,700 3,384,700 3,384,700
-------------------------------------------------------------------
Total Military Personnel.............. 17,812,860 17,142,860 17,812,860 17,812,860
===================================================================
Operation and Maintenance:
O&M, Army............................... 24,190,464 24,257,664 24,946,464 23,997,064
O&M, Navy............................... 2,106,258 1,934,058 1,976,258 1,956,258
O&M, Marine Corps....................... 1,198,981 1,198,981 1,198,981 1,198,981
O&M, Air Force.......................... 5,948,368 5,598,368 5,516,368 5,416,368
O&M, Defense-Wide....................... 4,618,452 4,485,452 4,218,452 4,355,452
O&M, Marine Corps Reserve............... 16,000 16,000 16,000 16,000
O&M, Air Force Reserve.................. 53,000 53,000 53,000 53,000
O&M, Air National Guard................. 214,000 214,000 214,000 214,000
Overseas Humanitarian, Disaster and 35,500 35,500 35,500 35,500
Civic Aid..............................
Iraq Freedom Fund....................... 1,988,600 2,086,600 1,988,600 1,988,600
-------------------------------------------------------------------
Total Operation and Maintenance....... 40,369,623 39,879,623 40,163,623 39,231,223
===================================================================
Procurement:
Missile Procurement, Army............... 6,200 ............... 6,200 ...............
Procurement of WTCV, Army............... 46,000 101,600 104,000 101,600
Other Procurement, Army................. 930,687 1,250,287 1,078,687 1,143,687
Aircraft Procurement, Navy.............. 128,600 158,600 128,600 158,600
Other Procurement, Navy................. 76,357 76,357 76,357 76,357
Procurement, Marine Corps............... 123,397 123,397 123,397 123,397
Aircraft Procurement, Air Force......... 40,972 53,972 40,972 53,972
Missile Procurement, Air Force.......... 20,450 20,450 20,450 20,450
Other Procurement, Air Force............ 3,441,006 3,418,006 3,441,006 3,438,006
Procurement, Defense-Wide............... 435,635 418,635 435,635 418,635
-------------------------------------------------------------------
Total Procurement..................... 5,249,304 5,621,304 5,455,304 5,534,704
===================================================================
Research, Development, Test and Evaluation:
RDT&E, Navy............................. 34,000 34,000 34,000 34,000
RDT&E, Air Force........................ 39,070 39,070 39,070 39,070
RDT&E, Defense-Wide..................... 265,817 195,817 265,817 260,817
-------------------------------------------------------------------
Total RDT&E........................... 338,887 268,887 338,887 333,887
===================================================================
Revolving and Management Funds:
Defense Working Capital Funds........... 600,000 600,000 600,000 600,000
National Defense Sealift Fund........... 24,000 24,000 24,000 24,000
-------------------------------------------------------------------
Total Revolving & Management Funds.... 624,000 624,000 624,000 624,000
===================================================================
Other Department of Defense Programs:
Defense Health Program.................. 658,380 658,380 658,380 658,380
Drug Interdiction & Counter-Drug 73,000 73,000 73,000 73,000
Activities, Defense....................
-------------------------------------------------------------------
Total Other........................... 731,380 731,380 731,380 731,380
===================================================================
Related Agencies:
Intelligence Community Management 21,500 21,500 21,500 21,500
Account................................
General Provisions:
Storm Damage (Sec. 1109)................ ............... 413,300 ............... 313,000
Munitions Security and Destruction (Sec. ............... ............... ............... 100,000
1121)..................................
===================================================================
Grand Total Chapter 1................. 65,147,554 64,702,854 65,147,554 64,702,554
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2004 Appropriations Reporting Requirements
The conferees agree with the House report on this
subject, except that the comprehensive financial analysis and
update for fiscal year 2004 should be submitted to the
congressional defense committees once, and no later than April
30, 2004.
Classified Programs
Recommended adjustments to classified programs are
addressed in a classified annex accompanying this conference
report.
MILITARY PERSONNEL
The conference agreement recommends $17,812,860,000 for
the military personnel accounts, the amount proposed by the
President's request and the Senate, instead of $17,142,860,000
as proposed by the House. The conferees' recommendation will
fund incremental costs of pays and allowances for active duty
and Reserve personnel deployed in support of Operation Iraqi
Freedom, Operation Enduring Freedom, and Operation Noble Eagle
through the end of fiscal year 2004.
The conferees do not agree to transfer $670,000,000 from
Military Personnel, Army to Operation and Maintenance, Army, as
proposed by the House, to support contracting for civilian
security guards to replace Reserve component soldiers who are
currently performing security duty for Army installations.
OPERATION AND MAINTENANCE
The conference agreement recommends $39,231,223,000 for
the Operation and maintenance accounts, instead of
$39,879,623,000 as proposed by the House, and $40,163,623,000
as proposed by the Senate. Adjustments to the Operation and
maintenance accounts are shown below:
[In thousands of dollars]
Change from request
Operation and Maintenance, Army:
Unit Level Maintenance.............................. 155,000
SAPI Plates, Rapid Fielding Initiative, UXO/EOD
Cleanup........................................... 300,000
Depot Maintenance Second Destination Transportation. 127,600
Theater Communications.............................. 72,000
AAFES Support for Deployed Forces................... 10,000
CPA Admin and ops costs (transferred to Title II)... -858,000
Operation and Maintenance, Navy: Excess Increased
OPTEMPO, Operations Support Costs................... -150,000
Operation and Maintenance, Air Force:
Unjustified Incremental Contingency, Operations
Support Costs..................................... -350,000
Excess Inter/Intra-Theater Airlift.................. -132,000
Excess DPEM......................................... -50,000
Operation and Maintenance, Defense-Wide:
Counter-Terrorism Train and Equip................... -50,000
Reduction to Classified Programs.................... -28,000
Excess Support to Key Cooperating Nations........... -200,000
DLA-DPAO............................................ 15,000
AAFES Support for Deployed Forces
The conferees recommend an additional $10,000,000 in
Operation and Maintenance, Army only for Army and Air Force
Exchange System support to forces deployed for Operations Iraqi
Freedom, and Operation Enduring Freedom. The total amount
provided in the conference agreement for Army and Air Force
Exchange System support to deployed forces is $40,000,000.
Rest and Recuperation Travel
The conferees recommend that of the funds provided in
Operation and Maintenance, Army, $55,000,000 be used only for
covering the travel costs of troops on rest and recuperation
leave. Specifically, these funds shall be used to cover any
additional costs incurred by troops returning from the Iraq or
Afghanistan theaters to reach their home of record (in the
United States, or its territories and commonwealths) from
established disembarkation points in the United States.
Department officials may use these funds to cover troop travel
costs from established disembarkation points to places other
than their home of record in a manner consistent with current
Department of Defense travel regulations and guidelines.
Further, the conferees agree that, to the maximum extent
practicable, the commercial airline industry should charge
Armed Forces members and their families the lowest available
fares for air travel in connection with rest and recuperation
leave.
Family Advocacy Program
The conferees recommend that of the funds provided in
Operation and Maintenance, Defense-Wide, $32,000,000 be used
only for the Family Advocacy Program to address wartime
community needs such as family counseling, domestic violence
training and prevention programs, and readjustment counseling
for military personnel.
National Guard Family Readiness Program
The conferees recommend that of the funds provided in the
Iraq Freedom Fund, $10,000,000 shall be used only for the
Family Readiness Program of the National Guard, which provides
information, referral and outreach assistance to military
families during the deployment process.
PROCUREMENT
The conference agreement recommends $5,534,704,000 for
the Procurement accounts, instead of $5,621,304,000 as proposed
by the House and $5,455,304,000 as proposed by the Senate.
Recommendations for the Procurement accounts are shown
below:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
House Senate Conference
----------------------------------------------------------------------------------------------------------------
Missile Procurement, Army.................................... 0 6,200 0
Multiple Launch Rocket System............................ 0 ............... 0
Weapons, Tracked Combat Vehicles, Army....................... 101,600 104,000 101,600
Paladin.................................................. 0 ............... 0
Rapid Equip Force........................................ 6,000 ............... 6,000
Rapid Fielding Initiative................................ 26,200 ............... 26,200
Enhanced Separate Brigades............................... 11,400 ............... 11,400
APS-5 Replenishment...................................... 58,000 58,000 58,000
Other Procurement, Army...................................... 1,250,287 1,078,687 1,143,687
Logistics Support Equipment.............................. 30,500 ............... 30,500
C2 Equipment............................................. 42,200 ............... 42,200
Radio Frequency Identification Tags...................... 3,400 ............... 3,400
Technical Collection (Guardrail)......................... 8,000 ............... 8,000
Enhanced Separate Brigades............................... 122,500 ............... 122,500
Up-armored HMMWVs........................................ 177,200 ............... 177,200
Rapid Equip Force........................................ 47,100 ............... 47,100
Rapid Fielding Initiative................................ 76,600 ............... 76,600
Base Camp Housing Units.................................. 344,687 ............... 344,687
Mobile Search Devices.................................... 12,600 ............... 12,600
Basic Language Translation Service....................... 2,000 ............... 2,000
Packbots................................................. 5,000 ............... 5,000
Joint Tactical Terminals................................. 41,100 ............... 41,100
Joint Communications Support Element..................... 7,500 ............... 7,500
Classified............................................... 10,300 ............... 10,300
APS-5 Replenishment...................................... 190,600 84,000 84,000
Theater Stabilized Communications........................ 83,000 64,000 83,000
Portable Radio Jammers................................... 46,000 ............... 46,000
Aircraft Procurement, Navy................................... 158,600 128,600 158,600
E-2C Outer Wing Panels................................... 1,500 ............... 1,500
Aircraft Spares.......................................... 59,100 ............... 59,100
EA-6B Outer Wing Panels.................................. 70,000 ............... 70,000
EA-6B Wing Center Section................................ 15,000 ............... 15,000
F-18 Equipment........................................... 13,000 ............... 13,000
Other Procurement, Navy...................................... 76,357 76,357 76,357
C2 Equipment............................................. 5,800 ............... 5,800
OPN Spares............................................... 27,200 ............... 27,200
Explosive Ordnance Disposal Equipment.................... 24,957 ............... 24,957
Medical Support Equipment--Fleet Hospitals............... 13,200 ............... 13,200
Global Broadcast Service (Shipboard)..................... 4,500 ............... 4,500
Classified Program....................................... 700 ............... 700
Procurement, Marine Corps.................................... 123,397 123,397 123,397
M88A2 Recovery Vehicle................................... 8,300 ............... 8,300
MK48 Light Armored Vehicle (LVS) Mod..................... 13,100 ............... 13,100
Light Armored Vehicle.................................... 23,200 ............... 23,200
AAV Reliability, Availability, Maintainability Upgrade... 78,797 ............... 78,797
Aircraft Procurement, Air Force.............................. 53,972 40,972 53,972
War Consumables Recap.................................... 35,702 ............... 35,702
Technical Collection (RC-135 and U2)..................... 13,000 ............... 13,000
Aircraft Common Support Equipment........................ 5,270 ............... 5,270
Missile Procurement, Air Force............................... 20,450 20,450 20,450
Predator (Hellfire Missiles)............................. 4,850 ............... 4,850
Classified Programs...................................... 15,600 ............... 15,600
Other Procurement, Air Force................................. 3,418,006 3,441,006 3,438,006
Theater Deployable Communications........................ 38,500 ............... 38,500
Other Logistics Equipment................................ 68,700 ............... 68,700
Medical/Dental Equipment Losses.......................... 13,665 ............... 13,665
CPA Counter Intelligence Support......................... 3,810 ............... 3,810
Replace Theater Communications........................... 85,000 ............... 85,000
Aircraft Refueling Vehicles.............................. 25,000 ............... 25,000
Support Equipment........................................ 20,306 ............... 20,306
All-purpose Remote Transport System...................... 1,500 ............... 1,500
Technical Collection (RC-135 and U2)..................... 0 ............... 0
Red Horse Reconstitution................................. 25,900 ............... 25,900
Diego Garcia Vehicles.................................... 14,625 ............... 14,625
Classified Programs...................................... 3,121,000 ............... 3,121,000
Classified Adjustment.................................... ............... ............... 20,000
Procurement, Defense-Wide.................................... 418,635 435,635 418,635
MC-130P Quick Engine Change Kits (SOCOM)................. 13,800 ............... 13,800
MH-53 Gearbox (SOCOM).................................... 7,700 ............... 7,700
Critical C4I Equipment (SOCOM)........................... 36,600 ............... 36,600
SOF Soldier Systems (SOCOM).............................. 23,800 ............... 23,800
SOF Ammunition (SOCOM)................................... 23,900 ............... 23,900
SOF Intelligence Systems (SOCOM)......................... 13,100 ............... 13,100
Psychological Operations (PSYOP) Equipment (SOCOM)....... 14,800 ............... 14,800
Target Tracking and Locating Devices (SOCOM)............. 2,700 ............... 2,700
Inflatable Antennas...................................... 6,500 ............... 6,500
CENTRIX.................................................. 17,700 ............... 17,700
Information Assurance.................................... 16,200 ............... 16,200
Worldwide Base Stations.................................. 6,000 ............... 6,000
NSC Data Replication (DISA).............................. 3,900 ............... 3,900
Iraq Communications Backbone (DISA)...................... 6,100 ............... 6,100
CENTCOM Global C2 System (GCCS) Joint Hardware (DISA).... 1,500 ............... 1,500
Improved Imagery Capability (NIMA)....................... 21,600 ............... 21,600
Decontamination Equipment................................ 8,000 ............... 8,000
Collective Protection.................................... 17,535 ............... 17,535
Classified Programs...................................... 177,200 194,200 177,200
--------------------------------------------------
Total, Procurement..................................... 5,621,304 5,455,304 5,534,704
----------------------------------------------------------------------------------------------------------------
Up-Armored HMMWVs
The conferees recommend a total of $239,300,000 for Up-
armored HMMWVs and associated equipment to support requirements
in Iraq. This amount includes $177,200,000 in ``Other
Procurement, Army'', as proposed in the budget request, and
$62,100,000 from amounts made available in the Iraqi Freedom
Fund. The conferees agree that this funding will provide for a
total of 1,065 Up-armored HMMWVs which is an increase of 318
above the budget request.
Equipment Shortages
The conferees note that, despite recent efforts by the
Department of Defense to address equipment shortages, many
individuals and units in the active and reserve forces continue
to experience shortages in equipment that would enhance both
survivability and mission effectiveness. The conferees believe
that it must be the Secretary of Defense's highest priority to
eliminate such shortages. Accordingly, the conferees encourage
the Secretary of Defense to apply additional funds provided in
this Act for the most pressing needs. The conferees also direct
the Secretary of Defense to submit quarterly update reports to
the congressional defense committees, starting December 31,
2003 through December 31, 2004, that identify significant
soldier equipment, weapon system, or spare parts shortages in
the Iraq and Afghanistan theaters of operation for all major
active and reserve component units. These updates also should
present the solutions and timetables for procuring and
distributing equipment and parts to address any identified
shortages.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The conference agreement recommends $333,887,000 for the
Research, Development, Test and Evaluation accounts, instead of
$268,887,000 as proposed by the House and $338,887,000 as
proposed by the Senate.
Recommendations for the Research, Development, Test and
Evaluation accounts are shown below:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
House Senate Conference
----------------------------------------------------------------------------------------------------------------
Research, Development, Test and Evaluation, Navy............. 34,000 34,000 34,000
Classified Programs...................................... 34,000 ............... 34,000
Research, Development, Test and Evaluation, Air Force........ 39,070 39,070 39,070
Classified Programs...................................... 39,070 ............... 39,070
Research, Development, Test and Evaluation, Defense-Wide..... 195,817 265,817 260,817
Classified Programs...................................... 195,817 ............... 260,817
--------------------------------------------------
Total, Research, Development, Test and Evaluation...... 268,887 338,887 333,887
----------------------------------------------------------------------------------------------------------------
GENERAL PROVISIONS--THIS CHAPTER
The conferees agree to retain and amend section 1101, as
proposed by the House, which provides the Secretary of Defense
with $3 billion in additional transfer authority, only for
funds in this chapter. The Senate included similar language.
The conferees agree to retain section 1102, as proposed
by the House, which provides that funds appropriated in this
Act are deemed specifically authorized for the purposes of
section 504 of the National Security Act of 1947. The Senate
included similar language.
The conferees agree to retain section 1103, as proposed
by the House, which extends the authorization during fiscal
year 2004 of travel and transportation allowances for family
members of service members who are ill or injured on active
duty in support of Operation Iraqi Freedom, Operation Enduring
Freedom or Operation Noble Eagle; and authorizes the Department
to provide civilian clothing for wear by the service member
during their hospital stay. The Senate included similar
language.
The conferees agree to retain section 1104, as proposed
by the House, which extends the authorization for the
Department to make the higher rates of Imminent Danger Pay and
Family Separation Allowance to all eligible service members
during fiscal year 2004. The Senate included similar language.
The conferees agree to retain section 1105, as proposed
by the House, which provides that adjustments to obligations
that would have been properly chargeable to the Defense
Emergency Response Fund shall be charged to any current
appropriations account of the Department of Defense for the
same purpose. The Senate included similar language.
The conferees agree to retain and amend section 1106, as
proposed by the House and Senate, which allows the Department
to use funds for supplies, services, transportation, and other
logistical support of troops to support military and stability
operations in Iraq and directs the Secretary of Defense to
provide quarterly reports to the congressional defense
committees.
The conferees agree to retain and amend section 1107, as
proposed by the House, which provides $150,000,000 from funds
available in ``Operation and Maintenance, Defense-Wide'' to
provide training and equipment only to the New Iraqi Army and
the Afghan National Army to combat terrorism and support U.S.
military operations. The Senate included similar language.
The conferees agree to retain section 1108, as proposed
by the House, which prohibits funds provided in this Act to
finance programs or activities denied by Congress, or to
initiate a new start program without prior notification to the
congressional defense committees. The Senate included similar
language.
The conferees agree to retain and amend section 1109, as
proposed by the House, to provide $313,000,000 in funding for
Operation and Maintenance and Procurement accounts, as opposed
to $413,300,000 as recommended by the House, only for the
military services to accomplish recovery and repair made
necessary by recent natural disasters including Hurricane
Isabel. These funds are allocated 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
Other Procurement, Air Force............................ 2,300,000
Of the amount provided in this section for ``Operation
and Maintenance, Air Force'', $6,500,000 is for repair of
facilities at the NASA Langley Research Center, including
facilities used for Department of Defense research programs.
The conferees agree to retain section 1110, as proposed
by the House, which makes $180,000,000 from funds available in
this Act for operation and maintenance for the Commander's
Emergency Response Program for military commanders to respond
to urgent humanitarian needs in Iraq and Afghanistan.
The conferees agree to retain section 1111, as proposed
by the House, which requires the Secretary of Defense to
provide a description of an Analysis of Alternatives for
replacing Air Force KC-135 aircraft.
The conferees agree to retain section 1112, as proposed
by the House, which exempts members of the armed forces from
the requirement to pay subsistence charges while hospitalized,
makes the exemption permanent, and makes the exemption
retroactive to September 11, 2001. The Senate included similar
language.
The conferees agree to retain and amend section 1113, as
proposed by the Senate, which prohibits use of funds in this
Act to alter command responsibility or permanent assignment of
forces until 270 days after notification to the congressional
defense committees.
The conferees agree to retain and amend section 1114, as
proposed by the Senate, which authorizes administering
Secretaries to provide medical or dental screening or care at
no cost for all members of the Ready Reserve who are ordered to
active duty.
The conferees agree to retain and amend section 1115, as
proposed by the Senate, which provides the TRICARE benefit to
inactive Reservists and their family members, if they are
eligible for unemployment compensation or not eligible for
health care benefits under an employer-sponsored health
benefits plan.
The conferees agree to retain and amend section 1116, as
proposed by the Senate, which amends section 1074 of title 10,
U.S.C. to expand the time period a Reservist would be
considered to be on active duty for the purpose of TRICARE
eligibility.
The conferees agree to retain and amend section 1117, as
proposed by the Senate, which amends the Transitional
Assistance Medical Program (TAMP) benefit program from 60 days
to 180 days beginning on the date on which the member is
separated from active duty.
These four new provisions (sections 1114, 1115, 1116, and
1117) enhance TRICARE access for members of the National Guard
and Reserve Components. It is the conferees' intent that these
provisions constitute a one-year demonstration program to
determine whether a permanent benefit beyond fiscal year 2004
should be authorized.
The conferees direct the Department of Defense to report
to the congressional defense committees no later than May 30,
2004 on the implementation of this demonstration program and
its associated impact on recruiting and retaining both active
and reserve component personnel.
Based on information provided to the Congress from the
Congressional Budget Office, the conferees have been advised
that the cost of this demonstration program is approximately
$200,000,000. However, the conferees recognize that these are
estimates based on projected utilization rates. Accordingly,
the conferees assume that not more than $400,000,000 shall be
required to implement this demonstration program in fiscal year
2004.
The conferees further direct the Department of Defense,
no later than April 15, 2004, to provide the congressional
defense committees the cost estimates of this demonstration
program based on actual and projected utilization rates.
The conferees agree to retain and amend section 1118, as
proposed by the Senate, which requires the Department to notify
each Reservist who is ordered to active duty in writing of the
expected period during which they will be mobilized.
The conferees agree to retain and amend section 1119, as
proposed by the Senate, which provides that authority in
section 1314(1) of Public Law 108-11, making funds available to
build an Infantry Brigade Rifle Range for the South Carolina
National Guard, shall apply to the use of available funds
appropriated for fiscal year 2004.
The conferees agree to include a new provision, section
1120, which directs the Secretary of Defense to submit biannual
reports on Iraq and Afghanistan to the Congress.
The conferees agree to include a new provision, section
1121, which provides an additional $100,000,000 for securing
and destroying conventional munitions in Iraq.
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
United States Coast Guard
OPERATING EXPENSES
The conferees agree to provide an additional $23,183,000
for ``Operating Expenses'' to repair damages the Coast Guard
incurred during Hurricane Isabel.
Emergency Preparedness and Response
DISASTER RELIEF
The conferees agree to provide an additional $500,000,000
for disaster relief activities associated with recently
declared disasters, such as Hurricane Isabel and the California
wildfires.
OTHER ACTIVITIES
Within current authorities, the conferees direct the
Emergency Preparedness and Response Directorate to work
expeditiously with the Borough of Versailles, Pennsylvania, and
the National Energy Technology Laboratory to remediate the
problem where high gas readings due to the over 600 abandoned
gas wells force the evacuation of residents and businesses in
Versailles.
Science and Technology
The conferees are aware that the Department of Homeland
Security has begun research and development on Man-Portable Air
Defense Systems (MANPADS) countermeasures for commercial
airliners pursuant to the ``Program Plan for the Development of
an Antimissile Device for Commercial Aircraft'' prepared by the
Under Secretary for Science and Technology. Upon the completion
of research and development, the Department of Homeland
Security should consider aircraft enrolled in the Civil Reserve
Air Fleet in deployment of countermeasures.
GENERAL PROVISION, THIS CHAPTER
Sec. 1201. The conferees agree to amend the Department of
Homeland Security Appropriations Act, 2004 (Public Law 108-90)
to make Biodefense Countermeasures funding subject to the
authorization of the Project Bioshield Act of 2003, upon the
enactment of that Act.
PROVISIONS NOT ADOPTED
The conference agreement deletes section 334 of the
Senate bill changing the Federal share of the cost of any
disaster relief payment for damage caused by Hurricane Isabel.
The conference agreement deletes section 5008 of the
Senate bill on equipping aircraft with countermeasures against
the threat of shoulder-fired missiles.
CHAPTER 3
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Items of General Interest
As a result of the United States' commitment to fighting
the Global War on Terrorism, there has been an increase in
operational requirements in the Central Command's area of
responsibility. The footprint of American military forces has
expanded to include the construction and management of military
facilities in overseas locations to house service members and
to stage operational resources. The conferees direct the
Central Command to report to the congressional defense and
military construction subcommittees, in both classified and
unclassified form, on its master plan for facilities in the
Central Command area of responsibility, including the
operational requirements and the planned disposition of
equipment, aircraft and personnel, no later than December 1,
2003.
Military Construction, Army
The conference agreement appropriates $162,100,000 for
Military Construction, Army, instead of $185,100,000 as
proposed by the House and $119,900,000 as proposed by the
Senate. Of the funds appropriated, $119,900,000 is provided to
finance projects required to support the Global War on
Terrorism and Operation Iraqi Freedom as follows:
------------------------------------------------------------------------
Location/facility Project description Cost
------------------------------------------------------------------------
Iraq: Al Fallujuh (MEK)........ Power Plant and $8,000,000
Electrical
Distribution.
Iraq: Baghdad--Victory Base.... Entry Control Points.. 4,000,000
Iraq: Baghdad FOB Falcon....... Power Plant and 7,000,000
Electrical
Distribution.
Iraq: Balad Airfield........... Theater-wide Postal 7,000,000
Distribution Facility.
Iraq: Balad Airfield........... Power Plant and 16,000,000
Electrical
Distribution.
Iraq: Balad.................... Base Camp Water 9,800,000
Treatment Plant.
Iraq: Balad.................... Base Camp Wastewater 10,500,000
Treatment Plant.
Iraq: Baghdad--Victory Base.... Power Plant........... 11,500,000
Iraq: Baghdad--Radwaniya Palace Sensitive 6,000,000
Complex. Compartmented
Information Facility.
Iraq: Baghdad--Radwaniya Palace Joint Operations 3,500,000
Complex. Center.
Iraq: Baghdad--Radwaniya Palace Training Facility..... 2,200,000
Complex.
Iraq: Taji Military Complex.... Power Plant and 16,500,000
Electrical
Distribution.
Iraq: Tikrit--Camp Speicher.... Power Plant and 15,500,000
Electrical
Distribution.
Worldwide Various.............. Planning and Design... 2,400,000
----------------
Total.................... ...................... 119,900,000
------------------------------------------------------------------------
An additional $42,200,000 is provided to repair
facilities damaged by Hurricane Isabel at Fort Monroe,
Virginia. As proposed by the House, the conferees agree to
include bill language that authorizes the use of funds for
planning and design and for construction. The conferees
recommend a reduction of $23,000,000 from the amount proposed
by the House for unspecified minor construction funds because
the request was not explained in sufficient detail to justify
the appropriation.
Military Construction, Navy
As proposed by the House, the conference agreement
appropriates $45,530,000 for Military Construction, Navy, to
repair two Naval facilities damaged by Hurricane Isabel. The
Senate bill contained no similar provision.
Military Construction, Air Force
As proposed by the House and the Senate, the conference
agreement appropriates $292,550,000 for Military Construction,
Air Force, to finance various projects around the world in
support of the Global War on Terrorism and Operation Iraqi
Freedom. As proposed by the House, the conferees agree to
include bill language that authorizes the use of funds for
planning and design and for construction.
Family Housing Operation and Maintenance, Army
The conference agreement appropriates $11,420,000 for
Family Housing Operation and Maintenance, Army, instead of
$8,151,000 as proposed by the House. The Senate bill contained
no similar provision. These funds are provided for storm
related damage caused by Hurricane Isabel at Fort Monroe, Fort
Eustis, Fort Story, Fort Lee, and Fort Belvoir in Virginia. The
conferees agreed to increase the amount proposed by the House
in view of additional information received regarding storm
damage.
Family Housing Operation and Maintenance, Navy and Marine Corps
As proposed by the House, the conference agreement
appropriates $6,280,000 for Family Housing Operation and
Maintenance, Navy and Marine Corps. The Senate bill contained
no similar provision. These funds are provided for storm
related damage caused by Hurricane Isabel at various sites in
North Carolina and Virginia.
Family Housing Operation and Maintenance, Air Force
As proposed by the House, the conference agreement
appropriates $6,981,000 for Family Housing Operation and
Maintenance, Air Force. The Senate bill contained no similar
provision. These funds are provided for storm related damage
caused by Hurricane Isabel at Langley AFB, Virginia.
GENERAL PROVISION--THIS CHAPTER
The conference agreement includes one general provision,
section 1301, as proposed by the House and modified by the
Senate. This provision gives the Secretary of Defense authority
to use up to $150,000,000 in operation and maintenance funds
for construction projects that support Operation Iraqi Freedom
or the Global War on Terrorism. The purpose of the provision is
to provide troops in the field flexibility to construct
emergency projects using operation and maintenance funds. The
provision requires DOD to submit a quarterly report that
describes the project, includes supporting documentation, and
provides the amount of funds obligated for these purposes. The
Senate modification requires DOD to provide Congress with
notification of the project 15 days after obligation of funds.
TITLE II--IRAQ AND AFGHANISTAN RECONSTRUCTION AND INTERNATIONAL
ASSISTANCE
CHAPTER 1
DEPARTMENT OF JUSTICE
Legal Activities
GENERAL LEGAL ACTIVITIES
The conference agreement includes $15,000,000 for
``Salaries and Expenses, General Legal Activities,'' as
proposed by the House, instead of no funds as proposed by the
Senate. This funding will support additional Civil Division
expenses related to the administration of the September 11th
Victims Compensation Program.
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The conference agreement includes $156,300,000 under this
account as proposed by the House, instead of $35,800,000 as
proposed by the Senate. This funding will cover costs related
to increased diplomatic and border security and opening a
mission in Iraq. The conference agreement includes $109,500,000
for requirements related to the provision of consular services;
$11,000,000 for increased security measures in Afghanistan; and
$35,800,000, available until September 30, 2006, for costs
associated with the re-establishment of a diplomatic mission in
Iraq. The conference agreement rescinds $35,800,000 provided
under Public Law 108-11, as proposed in both the House and
Senate bills.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The conference agreement includes $43,900,000 under this
account as proposed by the House, instead of no funds as
proposed by the Senate. The conference agreement includes the
costs of establishing a temporary embassy annex compound in
Afghanistan to support embassy surge staffing requirements
associated with accelerated assistance activities. The
conference agreement assumes that the funding provided under
this heading, when combined with funding provided elsewhere in
this Act for USAID requirements, will support the acquisition
and construction of a collocated temporary embassy annex
compound in Afghanistan.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The conference agreement includes $115,500,000 under this
heading, instead of $50,000,000 as proposed by the House and
$90,500,000 as proposed by the Senate. The conference agreement
includes $50,000,000 for anticipated costs of terrorism
rewards, and includes language that allows funds under this
account to be transferred to, and merged with, the Diplomatic
and Consular Programs account to maintain funding levels for
the fiscal year 2004 Border Security program. The conference
agreement also includes $65,500,000 for costs associated with
the protection of foreign missions and officials in New York
City, as well as security and protection costs associated with
the 2003 Free Trade in the Americas Ministerial and the 2004
Summit of the Industrialized Nations. In addition, the
conference agreement includes language allowing the use of
prior year funds under this heading for rewards for an indictee
of the Special Court in Sierra Leone. The conferees are
concerned that an indictee of the Special Court for Sierra
Leone, who has been charged by the Special Court with being
``most responsible'' for the atrocities committed during Sierra
Leone's civil war, is not yet in the custody of the Special
Court. The conferees direct the Department to use all available
means to bring about the handover of this indictee of the
Special Court.
International Organizations
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The conference agreement includes $245,000,000 for
assessed costs of United Nations peacekeeping in Liberia as
proposed in the House bill, instead of no funds as proposed by
the Senate.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The conference agreement includes $40,000,000 under this
heading as proposed by the House, instead of no funds as
proposed by the Senate. The amount provided in the conference
agreement shall be only for the initiation of Middle East
Television Network broadcasting to Iraq.
GENERAL PROVISION--THIS CHAPTER
The conference agreement includes language waiving
provisions of existing legislation that require authorizations
to be in place prior to the expenditure of any appropriated
funds.
FOREIGN OPERATIONS, EXPORT FINANCING, RELATED AGENCIES APPROPRIATIONS
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
Operating Expenses of the United States Agency for International
Development
The conference report recommends $40,000,000 for
``Operating Expenses of the United States Agency for
International Development'', which includes $1,900,000 for the
United States Agency for International Development (USAID),
Office of Inspector General. This amount for Operating Expenses
is the same as the House and Senate levels. The level for the
Office of Inspector General is $2,100,000 less than the Senate
bill; the House did not address this matter. The managers have
included language reserving these funds for support of relief
and reconstruction in Afghanistan, including short-term costs
associated with facilities required by the USAID in the
existing embassy compound or in Department of Defense
facilities elsewhere in Kabul until an interim, secure compound
adjacent to the embassy is available. It is the managers'
intention that embassy facilities and vehicles funded by USAID
be used primarily by USAID personnel, and be available for
other agencies only with the prior written concurrence of the
USAID mission director in Kabul and, when feasible, on a
reimbursable basis.
Should United States military air transport remain scarce
or unavailable to support reconstruction in Afghanistan, and to
the extent required by security conditions in the field, a
portion of this appropriation may be used for dedicated
contract air service within Afghanistan and access to
neighboring countries. The conferees expect the Department of
State Coordinator for Afghan Assistance and USAID to consult
with the Committees prior to obligating funds for this purpose.
The conference report provides for operating expenses of
USAID in Iraq elsewhere in this chapter.
Capital Investment Fund
The conference report recommends $16,600,000 for the
Capital Investment Fund of the United States Agency for
International Development to remain available until expended,
instead of $60,000,000 as proposed by the Senate. The House
bill did not address this matter.
The conferees have provided full funding for an interim
secure facility in Kabul, Afghanistan, primarily for the use of
United States Agency for International Development, Department
of State, and other federal agencies that are implementing and
evaluating United States reconstruction and security assistance
for Afghanistan.
The conference agreement includes language requiring the
Administrator of the United States Agency for International
Development to 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 provides that such rental payments
shall be deposited into this account as an offsetting
collection. Such rental payments shall be available for
obligation only pursuant to the regular reprogramming
notification procedures of the Committees on Appropriations.
Iraq Relief and Reconstruction Fund
(INCLUDING TRANSFERS OF FUNDS)
The conference report recommends $18,649,000,000, to
remain available until September 30, 2006, for the ``Iraq
Relief and Reconstruction Fund'' (the Fund), the same level as
recommended by the House and $200,000,000 above the Senate.
This figure represents a reduction of $1,655,000,000 below the
request and an increase of $16,174,000,000 above the level
provided in the fiscal year 2003 Emergency Wartime Supplemental
Appropriations Act when this account was created. The
supplementalrequest proposed an appropriation of
$20,304,000,000 to remain available until expended.
The conference report provides $1,890,000,000 for the oil
infrastructure function instead of $2,100,000,000 as proposed
by the House and $1,900,000,000 as proposed by the Senate.
The following table provides amounts for functional
categories and programs within categories. The total amount for
these functional categories is reflected in the bill language
as proposed by both the House and Senate. The following table
provides the baseline for the financial plan required in
section 2207 of this Act.
Iraq Relief and Reconstruction Fund
(Budget authority, dollars in millions) \1\
------------------------------------------------------------------------
Supplemental Conference
Category and description request agreement
------------------------------------------------------------------------
Security and law enforcement:
Police training and technical 950 950
assistance.......................
Traffic police.................... 50 ...............
Border Enforcement................ 150 150
Facilities Protection Services.... 67 67
---------------------------------
Subtotal, Law enforcement....... 1,217 1,167
=================================
Establishment of the New Iraqi 2,000 2,000
Army (NIA).......................
(NIA Facilities).............. (745) (745)
(NIA Equipment)............... (879) (879)
(NIA Operations and Training). (375) (375)
Iraq Civil Defense Corps.......... 76 76
(Operations and Personnel).... (58.4) (58.4)
(Equipment)................... (17.2) (17.2)
---------------------------------
Subtotal, National Security. 2,076 2,076
=================================
Total, Security and Law 3,293 3,243
Enforcement................
=================================
Justice, Public Safety Infrastructure
and Civil Society:
Witness Protection Program........ 100 75
Other technical investigative 10 10
methods..........................
Penal facilities.................. 400 100
Reconstruction and modernization 109 109
of detention facilities..........
Facilities protection, mine 500 400
removal, fire service, and public
safety facility and equipment
repairs..........................
(Demining).................... (61) (61)
Public safety training and 274 199
facilities.......................
National Security Communications 150 90
Network..........................
Investigations of crimes against 100 75
humanity.........................
Judicial security and facilities.. 200 150
Democracy building activities..... ............... 100
United States Institute of Peace.. ............... 10
---------------------------------
Total, Justice, Public Safety 1,843 1,318
Infrastructure and Civil
Society........................
=================================
Electric Sector:
Generation........................ 2,900 2,810
Transmission...................... 1,550 1,550
Network infrastructure............ 1,000 1,000
Automated monitoring and control 150 150
system...........................
Institutional strengthening....... 25 ...............
Security.......................... 50 50
---------------------------------
Total, Electric Sector.......... 5,675 5,560
=================================
Oil Infrastructure:
Infrastructure.................... 1,200 1,200
Emergency supplies of refined 900 690
petroleum products...............
---------------------------------
Total, Oil Infrastructure....... 2,100 1,890
=================================
Water Resources and Sanitation:
Potable water..................... 2,830 2,830
Water conservation................ 30 30
Sewerage.......................... 697 675
Solid waste management/trash 153 ...............
trucks...........................
Other solid waste management...... ............... 22
---------------------------------
Subtotal, Public Works Projects. 3,710 3,557
=================================
Pumping stations and generators... 150 150
Irrigation and drainage systems... 130 130
Major irrigation projects......... 130 130
Dam repair, rehab, and new 125 125
construction.....................
Umm Qasr to Basra water pipeline 200 200
and treatment plant..............
Marsh projects.................... 100 ...............
Basra Channel Flushing............ 40 40
---------------------------------
Subtotal, Water Resources 875 775
projects.......................
=================================
Total, Water Resources and 4,585 4,332
Sanitation.....................
=================================
Transportation and Telecommunications
Projects:
Airports.......................... 165 165
Umm Qasr Port rehab............... 45 45
Railroad rehab and restoration.... 303 300
Iraqi Telecom and Postal 124 100
Corporation......................
(Postal IT ZIP Codes)......... (9) (-)
Iraqi Communications systems...... 109 95
(Business practices for Iraqi (10) (-)
TV and radio)................
(Numbering scheme911 (4) (-)
initiative)..................
Iraqi Communications operations... 89 75
Undistributed reduction, ............... -280
transportation and
telecommunications...............
---------------------------------
Total, Transportation and 835 500
Telecommunications Projects....
=================================
Roads, Bridges, and Construction:
Housing construction.............. 100 ...............
Public buildings construction and 130 130
repair...........................
Roads and bridges................. 240 240
---------------------------------
Total, Roads, Bridges, and 470 370
Construction...................
=================================
Health care:
Nationwide hospital and clinic 393 493
improvements \2\.................
Equipment procurement and 300 300
modernization....................
Initiate 700m Basrah hospital 150 ...............
project..........................
Health care partnerships.......... 7 ...............
---------------------------------
Total, Health Care.............. 850 793
=================================
Private Sector Development:
American-Iraqi Enterprise Fund.... 200 ...............
Expanded network of Employment 8 8
Centers..........................
Training.......................... 145 100
Micro-Small-Medium Enterprises.... ............... 45
---------------------------------
Total, Private Sector 353 153
Development....................
=================================
Education, Refugees, Human Rights,
Democracy, and Governance:
Migration and Refugee Assistance.. 105 105
Local Information Centers......... 90 ...............
Property Claims Tribunal.......... 30 30
Banking system modernizations..... 30 30
Business training courses......... 20 ...............
Human rights...................... 15 15
Education......................... ............... 90
Civic programs.................... 10 10
---------------------------------
Total, Education, Refugees, 300 300
Human Rights, and Governance...
=================================
Transfer/financing.................... ............... 210
=================================
Total, Iraq Relief and 20,304 18,649
Reconstruction Fund............
------------------------------------------------------------------------
\1\ Figures in parenthesis are included in amounts above.
\2\ Includes $50 million for pediatric facility in Basra.
The table above indicates programs that were supported in
the House and Senate and those that raised questions and
concerns and were reduced or eliminated, such as the
procurement of trash trucks, development of business courses,
zip code and 911 projects, housing projects, and the
construction of two prisons for $400,000,000 at $50,000 per
bed.
The conferees have included bill language providing that
the Iraq Relief and Reconstruction Fund shall be used to
protect and promote public health and safety, including the
arrest, detention and prosecution of criminals and terrorists.
The conference report includes bill language, as proposed
by the House that allows, but limits reallocations between
functional categories, so that any category can be reduced by
not more than 10 percent or increased by more than 20 percent.
Acknowledging the unique circumstances in Iraq, the conferees
have included language that the President may increase one such
allocation by up to an additional 20 percent in the event of
unforeseen or emergency circumstances. Transfers and
reallocations between program, project and activities in the
table above, if necessary, would be made subject to the
standard notification procedures of the Committees on
Appropriations. The conferees note that within the functional
categories none of the funds provided are available to support
any program, project or activity for which funds have been
denied or restricted unless the Appropriations Committees are
notified 15 days in advance and approve such reprogramming of
funds.
Under section 2207 of the general provisions of this
chapter, the conference report includes a requirement by the
Office of Management and Budget, in consultation with the CPA
and the Committees on Appropriations, to submit a financial
plan beginning on January 5, 2004 and quarterly thereafter.
This financial plan is similar to that proposed by the House
under the heading ``Iraq Relief and Reconstruction Fund''.
The conferees have reinstated bill language, enacted in
the fiscal year 2003 Iraq Relief and Reconstruction Fund but
not included in the supplemental request, which specifies
agencies that may receive apportionment from the Fund.
Consistent with previous language, the conference report again
lists the Department of Defense, the Department of Health and
Human Services, the Department of State, the Department of
Treasury and the United States Agency for International
Development. The managers have added the Coalition Provisional
Authority (CPA) to this list, and allow the CPA to receive
direct apportionment of IRRF funds for the first time, with the
understanding that the CPA establishes a Chief Financial
Officer operating in accordance with the responsibilities and
functions specified in the Chief Financial Officer Act .
The conferees have included bill language, similar to
that in the Senate bill, that requires the Administrator of the
CPA to seek to ensure that programs in Iraq comply with the
``Policy Paper: Disability.''
The conference agreement includes a provision, similar to
one in P.L. 108-11, which requires assistance to be made
available to Iraqi civilians who have suffered losses as a
result of military operations. The managers support medical,
rehabilitation, shelter, microcredit, and other appropriate
assistance to these individuals and expect all relevant
agencies and organizations to coordinate efforts in providing
this assistance.
The conferees have provided $29,000,000 for the ongoing
operating costs of USAID and $6,000,000 for the State
Department Bureau of International Narcotics Control and Law
Enforcement. The managers expect the Office of Management and
Budget to ensure that agencies supporting the CPA and the
reconstruction effort in Iraq are fully financed for
administrative expenses through the funds appropriated in the
Iraq Relief and Reconstruction Fund, in an amount equal to up
to 10 percent of programs administered. The conference report
also includes bill language providing that up to 1 percent of
the total appropriated for the Fund may be transferred to
``Operating Expenses of the Coalition Provisional Authority.''
The conference agreement includes bill language, similar
to that included in House and Senate bills that the CPA 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. The conferees
also expect that the CPA will work with Iraqis to include the
guarantee of a number of other fundamental rights and
individual freedoms, particularly basic human rights that were
violated or denied during the tyrannical regime of Saddam
Hussein.
The conference agreement includes language similar to
that contained in the Senate bill providing $100,000,000 for
democracy building activities in Iraq. The managers endorse
Senate report language on the use of these funds, and believe
that elections are essential to restoring Iraqi sovereignty.
The conferees expect the Committees on Appropriations to be
consulted on the use of democracy building and governance funds
in Iraq. The conference report also includes bill language
providing $10,000,000 for the United States Institute for Peace
for activities to support peace enforcement, peacekeeping and
post-conflict peacebuilding.
The managers include $70,000,000 for education
$10,000,000 to support women's programs, and endorse Senate
report language recommending $20,000,000 for media outreach
activities in Iraq.
Finally, the managers have provided for the transfer of
$210,000,000 to support other high priority foreign assistance
programs, including $100,000,000 for Jordan, $100,000,000 for
Liberia, and $10,000,000 for Sudan.
Operating Expenses of the Coalition Provisional Authority
The conference report recommends $983,000,000 for
``Operating Expenses of the Coalition Provisional Authority''
under this new heading as proposed by the House, instead of
providing for administrative costs of the Coalition Provisional
Authority (CPA) in Iraq within the total amount under the
heading ``Operation and Maintenance, Army'' as requested in the
supplemental request and included in the Senate bill. The
conference agreement provides an amount that is $125,000,000
above the House bill, reflecting $75,000,000 for the expenses
of a new CPA Inspector General and office as provided in Title
III of this Act, and $50,000,000 for reporting and monitoring
requirements and other supporting costs. The conferees have
included language to ensure that the Department of Defense is
able to continue to furnish assistance and services and any
other support to the CPA.
The CPA currently oversees the reconstruction of Iraq,
especially the non-military programs described in the Iraq
Relief and Reconstruction Fund section of this report, from
building waste water treatment systems to renovating health
care centers to training law enforcement officials to providing
computer training for Iraqi youth.
The conference report acknowledges CPA's leadership and
role. The managers expect to be kept updated on the progress of
reconstruction efforts, roles and missions of supporting
agencies, and implementation of programs funded by this Act.
The managers note that transparency is crucial for
ensuring efficient, accountable reconstruction activities in
Iraq. Therefore, this recommendation provides for the first
time a direct operating appropriation for the CPA, and, under
the Iraq Relief and Reconstruction Fund, the organization is
given the authority to receive direct apportionment of program/
project funds. The conferees expect that the Office of
Management and Budget will transmit to the Committees on
Appropriations by January 5, 2004, a budget justification for
this new Operating Expenses account, including information
required by OMB Circular A-11, such as standard financial
information, program and financing and object classification
schedules, and personnel summary data.
The conference report does not alter the reporting
relationship of the Administrator of the CPA to the President
through the Secretary of Defense. However, it does further
transparency by clarifying the operational cost of United
States reconstruction efforts in Iraq as part of United States
foreign assistance, and the scope of the non-military
reconstruction efforts.
Since the CPA is less than a year old and it is possible
that the organization could require additional operational
resources during this year, the managers also have included
bill language in the Iraq Relief and Reconstruction Fund that
provides authority, if needed, to transfer up to 1 percent for
CPA's operating expenses.
Economic Support Fund
The conference report recommends $872,000,000 for the
``Economic Support Fund'' as proposed by the House, instead of
$422,000,000, as proposed by the Senate, primarily for
reconstruction in Afghanistan. These funds would remain
available for obligation until December 31, 2004.
The recommendation reserves $672,000,000 for accelerated
assistance for Afghanistan. The managers note the increasing
terrorist activity against the Government of Afghanistan,
international Coalition forces, and private non-governmental
organizations providing relief and reconstruction assistance
within Afghanistan, and concludes that the pace of
reconstruction, as well as that of security assistance provided
elsewhere in this chapter, must respond to the tenuous security
conditions, especially in the southern and eastern provinces of
Afghanistan.
The conferees recognize that further expansion of the
mandate of the International Security Assistance Force (ISAF)
can help improve the security environment in Afghanistan, and
strongly encourage the Administration to support such expansion
of ISAF.
The conferees fully support most of the urgent programs
included in the budget justification for Afghanistan civil
reconstruction, including roads, education, health, power
generation/private sector development, and provincial
reconstruction teams. The conference agreement provides
$60,000,000 for Afghan women and girls to ensure that programs,
projects and activities funded in this Act include the
participation of women and advance the social, economic, and
political rights and opportunities of women in Afghanistan.
The State Department Coordinator of Assistance to
Afghanistan and the Administrator of USAID are requested to
provide the Committees not later than December 15, 2003, a
fiscal year 2004 strategic and financial plan, including
projected quarterly obligations by sector and major project (in
excess of $250,000), for all reconstruction and related
activities in Afghanistan undertaken with funds provided by
prior Acts, this Act and theForeign Operations, Export
Financing and Related Programs Appropriations Act, 2004.
The conference report recommends $181,000,000 for major
and provincial roads, an endeavor that is critical to both
economic development and security in Afghanistan. The conferees
commend those engaged in the challenging project to reconstruct
and pave the major Kabul-Kandahar road by the end of 2003,
recognize the dire security threat from neo-Taliban forces
along its route, and urge United States Armed Forces in
Afghanistan to increase surveillance of the construction areas
and support for the private and Afghan national police security
forces protecting the Kandahar road. The additional funding
will sustain the momentum of the Kabul-Kandahar project, by
financing secondary and tertiary road development, primarily in
the previously neglected southern and central regions.
The conference report provides an additional $95,000,000
for schools and education in Afghanistan, $55,000,000 above the
request, and $95,000,000 for private sector development and
power generation, $50,000,000 above the request. The funds are
expected to support market centers-industrial parks, land
titling, natural resources assessment and power generation
projects. The conference agreement does not include $10,000,000
for a venture capital fund. The conference agreement provides
$65,000,000 to repair, rehabilitate and procure electric
generation and distribution infrastructure in Afghanistan. In
addition to the power requirements of Kabul already requested,
the conference report has provided additional funds to
rehabilitate and increase power generation from the Kajaki Dam
facility that is essential to successful reconstruction in the
politically sensitive Kandahar and Helmand provinces.
The conference report recommends an additional
$70,000,000 for support to the Government of Afghanistan (GoA).
Of the recommended $70,000,000, not less than $25,000,000 will
meet key GoA infrastructure needs, especially
telecommunications between Kabul and the provinces. The
Ministry of Finance will use not less than $10,000,000 to
improve customs collections at Afghanistan's 11 official border
posts and remitting of customs to the ministry on a timely
basis. An indeterminate amount will be needed to augment other
donor contributions to an international trust fund to pay
government salaries until economic growth increases government
revenue sufficiently to meet salary costs.
The conference report recommends $69,000,000 for
elections and improved governance in Afghanistan, $12,000,000
above the request. In governance, the conference report
recommends that activities be undertaken to promote private
investment and trade capacity building. The managers also
support Senate report language recommending $15,000,000 for
media outreach activities in Afghanistan.
The conferees note that women in Afghanistan continue to
struggle to achieve basic rights, which they were denied under
the Taliban. Women were severely affected by their inability
during those times to participate in local and national
governance. The conferees have agreed to provide $60,000,000
for technical and vocational education, programs for women and
girls against sexual abuse and trafficking, shelters for women
and girls, humanitarian assistance for widows, support of
women-led NGOs, programs to disseminate information about the
rights of women, and to provide women's rights training to
military, police and legal personnel. Significant funding above
the Administration's request has been added for Afghanistan to
accelerate reconstruction efforts. Funds have been made
available for these specific purposes to ensure that programs
that address these critical needs are adequately funded.
Where possible, such programs should be implemented by
local civil society groups, and especially local women's
groups. The managers expect USAID to provide technical and
other assistance to strengthen the capacity of these groups and
to support their activities. The conferees are concerned that
without greater attention to the specific challenges facing
women and girls in Afghanistan, the country's prospects for
broad-based economic growth and democratic development will be
sharply reduced.
The managers have included bill language requiring that
obligation of funds made available by this Act or by prior
appropriations Acts for senior advisors to the Chief of Mission
in Kabul be subject to notification. This provision does not
apply to U.S. officials required to design and manage a massive
Afghanistan assistance program, the actual number of which is
presently insufficient due to a shortage of housing and office
space. Ample funds are provided in this Act to construct an
interim facility to accommodate additional assistance and
security personnel in Kabul. The managers urge the Departments
of State and Defense and USAID to immediately accelerate
efforts to provide adequate office and housing space required
for the effective management and oversight of activities funded
in this Act, and keep the Committees fully informed of progress
toward deploying an adequately staffed mission in Kabul.
The conference agreement provides $50,000,000, as
requested, for projects directly involving requirements
identified by provincial reconstruction teams (PRTs) in eight
to twelve provinces. In addition, $8,000,000 is provided for
dedicated air service, armored vehicles,and other security
enhancements for the civilians deployed to the PRTs and other
assistance managers in Afghanistan.
The conferees support an additional $49,000,000 for
health services in Afghanistan. If a permissive security
situation is extended throughout all of Afghanistan during
2004, the additional health and road funds will accelerate
achievement of the objective of bringing all Afghans within 4
hours' travel of a health clinic.
The managers expect not less than $10,000,000 in ESF
assistance to be made available through appropriate
humanitarian organizations for additional food, clothing,
heating and cooking fuel, emergency shelter materials, and
other basic necessities for displaced Afghans in and around
Kabul.
The conference agreement recommends an initial
$30,000,000 for disarmament, demobilization and reintegration
(DDR) projects, $30,000,000 below the request. The managers
note that Japan has already provided full funding for the
initial pilot projects in Northern Afghanistan that will help
determine the feasibility of DDR projects prior to the training
and deployment of a multi-ethnic Afghan National Army that is
firmly under civilian Afghan control. The managers believe that
Japan and other donors will make additional contributions to
DDR projects if the pilot effort is a success and is replicable
in other regions.
The managers also recommend that $23,000,000, not
included in the request, be provided for water projects in
Afghanistan. Because of the essential role of irrigation in
agriculture, and the lack of potable water in many urban areas
and small towns, the managers request USAID to report not later
than January 15, 2004 on the feasibility of expanding rural and
urban water projects in Afghanistan.
The managers take note of the outstanding jobs that the
men and women of USAID, the Departments of Defense and State
and other federal agencies supporting the Embassy in Kabul and
Afghanistan's reconstruction have accomplished under the most
difficult of circumstances.
As the cooperation of the Government of Pakistan is vital
to United States and Coalition efforts to build a stable
Afghanistan, the conference agreement includes language
proposed by the President to allow up to $200,000,000 from
``Economic Support Fund'' to be made available for the subsidy
cost of modifying direct loans and guarantees previously issued
for Pakistan. The conference report includes the $200,000,000,
subject to a determination by the President that the Government
of Pakistan is cooperating with the United States in the global
war on terrorism.
The conference agreement also provides for the transfer
to the Economic Support Fund from the Iraq Relief and
Reconstruction Fund of $100,000,000 for assistance for Jordan.
International Disaster and Famine Assistance
(INCLUDING TRANSFERS OF FUNDS)
The conference report recommends $110,000,000 for
International Disaster and Famine Assistance for Liberia and
Sudan, instead of $100,000,000 as proposed by the House or
$200,000,000 under the heading ``Emergency Fund for Complex
Foreign Crises'' as proposed by the Senate.
The managers are very concerned about the humanitarian
crisis in Liberia, where approximately 800,000 refugees and
internally displaced persons are living in dire conditions. The
managers have provided $200,000,000 in ``International Disaster
and Famine Assistance'' to address this situation. Of this
amount, $100,000,000 is made available by transfer from the
``Iraq Relief and Reconstruction Fund''.
The managers are aware of the important developments that
have occurred in Sudan in an attempt to end more than 20 years
of civil war. The conference agreement provides $20,000,000 in
``International Disaster and Famine Assistance'' to bolster
these efforts. Of this amount, $10,000,000 is made available by
transfer from the ``Iraq Relief and Reconstruction Fund''.
As other funds are available to respond to natural
disasters abroad, the conference agreement limits the
circumstances under which these funds may be obligated to those
where the President determines that the proposed United States
response to a complex foreign crisis is in the national
interest and essential to efforts to reduce international
terrorism.
The conference agreement includes a provision authorizing
the transfer of up to one half of one percent of certain other
funds to this account. All proposed obligations made available
under this heading are made subject to the regular notification
procedures of the Committees on Appropriations.
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
The conference report recommends $170,000,000 for
``International Narcotics Control and Law Enforcement'', as
proposed by the House instead of $120,000,000 as proposed by
the Senate, for accelerated assistance for Afghanistan. These
funds would remain available for obligation until December 31,
2004.
The conferees are gravely concerned about the increasing
terrorist activity against the Government of Afghanistan and
private non-governmental organizations providing relief and
reconstruction assistance within Afghanistan. The capacity of
Afghan security forces to protect their own government and
international reconstruction efforts must be expanded as
rapidly as feasible, and the increased funding responds to that
urgent requirement.
The conferees note the leadership role of Germany, the
United Kingdom and Italy in the police training, counter-
narcotics and judicial reform sectors, respectively, and
encourage each of these Coalition members to accelerate its
assistance efforts in Afghanistan.
In order to respond to this rapidly evolving situation,
the conference agreement provides $160,000,000 to accelerate
the training and equipping of the Afghan National Police and
Border Police and to increase counter-narcotics law enforcement
capacity. In addition, $10,000,000 is provided for the training
of prosecutors, court officers and the Afghan judiciary. The
managers intend that all assistance to Afghanistan be conducted
on a basis of non-discrimination among its ethnic groups and
include special emphasis on the rights of women and minorities.
Nonproliferation, Anti-Terrorism, Demining, and Related Programs
The conference report recommends $35,000,000 for
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'' as proposed by both the Senate and the House. This
level would support anti-terrorism training programs and
equipment needs in Afghanistan, to continue the work of
disarming the staggering number of mines throughout the
country, and to provide in-country support for the protection
of Afghan President Karzai.
MILITARY ASSISTANCE
Funds Appropriated to the President
Foreign Military Financing Program
The conference report includes $287,000,000 for the
``Foreign Military Financing Program'', instead of $222,000,000
as proposed by the Senate and $297 million as proposed by the
House, for accelerated security assistance on a non-repayable
basis for Afghanistan. These funds would remain available for
obligation until September 30, 2004. The rapid training and
deployment of an ethnically balanced, professional national
army for Afghanistan is essential to the success of Coalition
efforts to promote a stable and peaceful Afghanistan.
The managers encourage the President, the Secretary of
State and the Secretary of Defense to continue to remind the
Government of Afghanistan that United States military
assistance is provided to build a new Afghanistan army that is
professional, multi-ethnic, and loyal to the civilian
leadership in the central government. Failure of the Government
of Afghanistan tocontinue moving rapidly toward this common
objective should not be rewarded with continuing military assistance by
any agency of the United States Government to armed militias or army
units that do not share these objectives.
To this end, the conferees request the Secretary of
State, in consultation with the Secretary of Defense, to
provide it with periodic reports on the progress of the new
Afghan army, meeting the criteria set forth in House Report
108-312.
Peacekeeping Operations
The conference report recommends $50,000,000 for
``Peacekeeping Operations'' as proposed by both the Senate and
the House. This level would support multilateral peacekeeping
needs in Iraq and Afghanistan.
GENERAL PROVISIONS--THIS CHAPTER
The managers recognize that debt incurred under the
Saddam Hussein regime presents a potential challenge to the
country's development. However, this supplemental
appropriations act is intended to meet emergency needs, and the
managers are of the opinion that paying foreign debtors out of
United States funds is not among those needs. The conference
report includes section 2201, a general provision included in
the House bill and similar to the Senate bill, that prohibits
the use of funds appropriated in this Act, or in the 2003 Iraq
Supplemental Appropriations Act (P.L. 108-11), to be used to
pay for any debt entered into by the Iraqi government before
the defeat and overthrow of Saddam Hussein. Nothing in this
provision, however, should be construed as discouraging the
Departments of State and Treasury from working with lenders in
reducing and restructuring Iraq's debt burden. The House
addressed this matter in section 2201 and the Senate in section
2311.
Both the House and Senate bills included a number of
provisions intended to require greater adherence to full and
open competition. Both the House and Senate bills provide that
when other than full and open competition is pursued, if
necessary, then the agency using other than full and open
competitive procedures must inform the Congress and the
American public.
It is in the best interests of most involved, including
the United States business sector and the Iraqi people, to use
open and full competition for all but a very limited number of
contracts. For situations in which ensuring such competition
might be inappropriate--such as in cases of an emergency--the
managers believe that existing federal regulations allow for
adequate flexibility.
Therefore, the conference agreement includes language in
sections 2202 and 2203 to limit the use of non-competitive
contracts in the ``Iraq Relief and Reconstruction Fund'' in
this Act and Public Law 108-11. This language is in lieu of a
number of ``competition in contracting'' provisions in both the
House and Senate bills. This conference agreement preserves the
prerogative to waive the requirement for full and open
competition in certain circumstances, as outlined in applicable
federal procurement regulations. The provisions require that
such a waiver be with the written approval of the Administrator
of the Coalition Provisional Authority and the head of an
agency of the United States Government that awards and manages
the contract, and that information on the contract and the
justification of the waiver be transmitted to the appropriate
committees of Congress and be made available to the public. The
certifications cannot be delegated, and must be transmitted to
the appropriate congressional committees and made available to
the public 7 days before the non-competitive contract is
awarded. The provision pertains to the amendment, extension or
modification of contracts entered into prior to the enactment
of this Act using other than full and open competitive
procedures, including so called ``limited competition''
contracts. This is intended to require notification of
significant changes in scope or increased funding above award
ceilings for contracts that were previously awarded under
``limited competition.'' Contracts below a value of $5,000,000
are exempted from these requirements as are small businesses as
defined in 15 USC 631 et seq. The House addressed contracting
issues in sections 2202, 2203, and 3007 and the Senate
addressed these issues in section 5003.
In sections 2204 and 2205, the managers recommend
language similar to that requested by the President to clarify,
extend and broaden authorities provided in Public Law 108-11.
These authorities suspend relevant provisions of the Iraq
Sanctions Act and make inapplicable to Iraq certain provisions
of law that restrict assistance to countries that support
terrorism. They also authorize the export of arms to specific
Iraqi security forces. Instead of making permanent these
authorities as requested by the President, the conference
report extends them for another year. The House and Senate
bills each provided similar language.
Although the President, on May 7, 2003, exercised his
authority under section 1503 in Public Law 108-11 as originally
enacted to make permanently inapplicable to Iraq any provisions
of law that apply to countries that support terrorism and to
suspend relevant provisions of theIraq Sanctions Act, the
amendment in section 2204 extending the expiry date of section 1503 is
necessary to ensure that laws referred to in its fourth and fifth
provisos, i.e., section 307 of the Foreign Assistance Act requiring
withholding of the United States proportionate share of contributions
to international organizations that have programs in Iraq and
provisions of law directing voting against or opposing programs, shall
not apply with respect to Iraq through fiscal year 2005.
In section 2204, the conference report amends section
1504 of Public Law 108-11 to include language specifically
authorizing the export of small arms to private security forces
and extending the authorities of this section for another year.
With regard to the export of lethal military equipment for
private security purposes, the managers intend that only small
arms may be exported for such purpose. For the purposes of this
section, the managers understand small arms to mean all
equipment listed in Category I of the International Traffic in
Arms Regulations (22 CFR 120-130), and that such exports shall
be made for the purposes of providing security for contractor
operations during the reconstruction of Iraq. For all equipment
exported under this section, the managers expect that the
notification contained in this section shall contain specific
information with respect to the end user and the purposes for
which such equipment has been exported. The conference report
does not include language requested by the President that would
authorize the export of advanced conventional equipment to
Iraq, such as long-range precision guided munitions, fuel air
explosives, cruise missiles, laser weapons, and military
satellites.
The conference report includes language in section 2206
that increases the cumulative value of military equipment that
the Department of Defense may provide to Afghanistan from
$300,000,000 to $450,000,000. This provision was in section
2206 of the House bill and section 301 of the Defense chapter
of the Senate amendment.
The conference report includes a new general provision,
section 2207, that is similar to the House language requiring
the Office of Management and Budget to submit to the Committees
on Appropriations a financial plan no later than January 5,
2004 and every 3 months thereafter. The managers have
restricted the obligation of all but up to 20 percent of funds
under the heading ``International Relief and Reconstruction
Fund'' until this plan is submitted, but the managers intend
that any funds spent before the plan is submitted also will be
detailed in the financial plan. The managers direct that the
financial plan be updated quarterly to reflect any prospective
changes to estimates of future or ongoing projects, and require
that the Administration notify the Committees on Appropriations
15 days prior to obligation of any increases at the project
level to the financial plan between quarterly submissions. The
table in this conference statement under the heading ``Iraq
Relief and Reconstruction Fund'' provides functional categories
as well as program activities. The managers expect the
financial plan to correspond with these functional categories
but also include more specific project level detail including,
but not limited to, specific capital projects including
bridges, railroads, training centers, roads, prisons,
hospitals, and health clinics, as well as the establishment of
training programs, and repatriation of refugees and internally
displaced persons by implementer. For capital projects, the
managers direct that the OMB include a breakdown of cost
estimates that explains the assumptions and data on which the
estimates were based. The managers also intend that for each
line of project-level activity, the financial plan specify
which United States Government agency will be expected to
implement the project. The conference report requires that OMB
consult with the Committees on Appropriations prior to
submitting the plan. The managers view this consultation as an
ongoing process, one that should start immediately after
enactment of this Act and continue until the first plan is
submitted, and every 3 months thereafter. The Senate had
similar language in sections 2310 and 2321.
Section 2208 is the same as the general provision in the
House bill that deems any successor United States Government
entity to the CPA as the CPA for purposes of authorities and
responsibilities in this Act. The Senate did not address this
matter.
In section 2209, House bill language is included so that
funds are made available 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. Such authority is
subject to five days notification. The Senate addressed this
matter in section 2302.
In section 2210, the conference agreement includes
language that provides that funds appropriated by this chapter
may be obligated and expended notwithstanding section 10 of
Public Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956, as proposed by both the Senate and the
House.
The conference report includes language in section 2211
that allows the Overseas Private Investment Corporation to
operate in Iraq notwithstanding any other provision of law. The
managers support OPIC programs in Iraq, and the conference
report provides language to permit the President to enter into
agreements with an entity other than a host countrygovernment.
However, the managers do not expect that OPIC's authority will be
exercised to waive other existing statutory requirements including
longstanding Congressional mandates; therefore, the conference report
requires that the exercise of such authority is subject to the regular
notification procedures of the Committees on Appropriations. The Senate
addressed this matter in section 2307.
The managers direct the Export-Import Bank of the United
States and the Trade and Development Agency to report quarterly
during fiscal year 2004, beginning 90 days after enactment of
this Act, to the Committees on Appropriations regarding each
agency's activities in Iraq.
In section 2212, the conference report includes a
provision similar to the Senate amendment that allows transfers
among international assistance programs in this chapter in an
amount not to exceed $100,000,000. The House did not address
this matter.
Section 2213 of the conference report reflects the Senate
language on extending the waiver on Pakistan sanctions. The
House did not address this matter.
Section 2214 amends the authorization levels in the
Afghanistan Freedom Support Act to be consistent with the
levels of funding provided in this Act and H.R. 2800. The
reporting requirements in section 2312 of the Senate bill are
addressed in section 2215 of the conference report. The House
bill did not address this matter.
Section 2215 is a new section that consolidates many of
the reporting requirements of the House and Senate bills under
one provision entitled ``Reports on Iraq and Afghanistan''.
This includes issues relating to debts owed by the government
of Saddam Hussein in Iraq, efforts of the United States to
increase resources contributed by foreign countries and
international organizations to the reconstruction of Iraq, the
manner in which the needs of people with disabilities are being
met in the development and implementation of reconstruction
activities in Iraq and Afghanistan, progress made in indicting
leaders of the former Iraqi regime for war crimes, and efforts
by the Coalition Provisional Authority and relevant Iraqi
officials to preserve religious freedoms. In addition, this
provision includes a monthly reporting requirement on Iraqi oil
production and oil revenues, and the use of such revenues, and
progress made in accomplishing United States assistance and
development goals in Afghanistan. This section reflects the
requirements of House section 2207 and Senate sections 2309 and
2314.
In section 2216, the conference report prohibits funds
appropriated or otherwise made available by chapter 2 of title
II of this Act from being obligated for any activity in
contravention of the Optional Protocol to the Convention on the
Rights of the Child on the Involvement of Children in Armed
Conflicts. This is similar to Senate section 2318, and the
House did not address this matter.
Section 2217 is a new general provision that relates to
women's participation in reconstruction in Afghanistan and
Iraq.
The conference agreement does not include language from
the Senate bill expressing the sense of Congress on certain
matters. The managers endorse the intent of this language,
specifically that: each country that is owed a debt by Iraq
that was incurred during the regime of Saddam Hussein should
forgive such debt; arbitrary deadlines should not be set for
the dissolution of the Coalition Provisional Authority, and
that transfer of authority should occur only after the
ratification of an Iraqi constitution and the establishment of
an elected government in Iraq takes place; the United States
should make every effort to increase the level of financial
commitment from other nations to reconstruction in Iraq, and
that the United States contributions to these efforts should be
done in a manner that promotes economic growth in Iraq and
limits the long-term cost to American taxpayers; and, the
removal of the Government of Iraq under Saddam Hussein enhanced
the security of Israel and other United States allies.
The managers do not include House sections 2212 and 2213
and Senate sections 2308, 2310, 2313, 2314, 2315, 2316, 2317,
2319, 2320.
TITLE III--INSPECTOR GENERAL OF THE COALITION PROVISIONAL AUTHORITY
The conference agreement includes a new title that
establishes an Inspector General of the Coalition Provisional
Authority (CPA). This title is in lieu of provisions in the
Senate version of the bill to establish an Inspector General of
the CPA. The House bill did not contain a comparable provision.
The Inspector General will perform oversight and promote
transparency on tracking of funds; provide continuing review
and accumulation of data concerning both reconstruction
activities and contracting; monitor the constant flow of
information, particularly the accounting of the use of funds
and transfers of funds between agencies and other third
parties; and establish controls and a record-keeping system
that can accumulate and maintain records for future reviews,
investigations, and/or audits.
Funding is provided for the Inspector General within the
Operating Expenses of the Coalition Provisional Authority
account in Title II of this Act.
TITLE IV--GENERAL PROVISIONS--THIS ACT
The conference agreement includes a provision, as
proposed by the House, which limits the availability of funds
provided in this Act.
The conference agreement includes a provision, as
proposed by the Senate, designating the amounts provided in the
Act as emergency requirements. The House did not include a
similar provision, but did include individual emergency
designations with each appropriation account.
The conference agreement contains modified language
proposed by the House which ensures that schools serving the
children of military personnel continue to receive Impact Aid
funds when their parents are deployed or killed while on active
duty and the child continues to attend the same local
educational agency. The Senate bill did not include this
provision.
The conference agreement does not include additional
funds for the Department of Veterans Affairs. The Senate
proposal included $1,300,000,000 for medical care. The House
proposal did not include supplemental funds.
The conference agreement does not include a provision
proposed by the Senate (Sec. 5001) requiring the President to
submit to each Member of Congress a report on the projected
total costs of United States operations in Iraq, including
military operations and reconstruction efforts, through fiscal
year 2008. The House did not include a similar provision.
The conference agreement does not include a provision
proposed by the Senate (Sec. 5006) to permit personal injury
claims by United States citizens and their spouses and children
against a foreign state relating to such citizens being held
hostage between 1979 and 1981. House did not include a similar
provision.
The conference report does not include House section
3004, prohibiting funds from being provided to any unit of
security forces of a foreign country if these forces credibly
have been alleged to have been involved in abuses of human
rights. As this is also a general provision in the annual
foreign operations appropriations Acts, the managers expect
these criteria to apply to all funds provided in fiscal year
2004.
The managers do not include House sections 3002, 3004,
3005, 3006, and 3007 and Senate sections 5003, 5004, 5005, and
5007.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2004 recommended by the Committee of Conference,
with comparisons to the 2004 budget estimates, and the House
and Senate bills for 2004 follow:
[In thousands of dollars]
Budget estimates of new (obligational) authority, fiscal
year 2004........................................... $87,039,804
House bill, fiscal year 2004............................ 86,856,029
Senate bill, fiscal year 2004........................... 86,449,004
Conference agreement, fiscal year 2004.................. 87,442,198
Conference agreement compared with:
Budget estimates of new (obligational) authority,
fiscal year 2004.................................. +402,394
House bill, fiscal year 2004........................ +586,169
Senate bill, fiscal year 2004....................... +993,194
Bill Young,
Jerry Lewis,
Hal Rogers,
Frank Wolf,
Jim Kolbe,
James T. Walsh,
Joe Knollenberg,
John P. Murtha,
Nita M. Lowey,
Chet Edwards,
Managers on the Part of the House.
Ted Stevens,
Thad Cochran,
Arlen Specter,
Pete Domenici,
Christopher Bond,
Mitch McConnell,
Conrad Burns,
Richard C. Shelby,
Judd Gregg,
Robert F. Bennett,
Ben Nighthorse Campbell,
Larry Craig,
Kay Bailey Hutchison,
Mike DeWine,
Sam Brownback,
Daniel K. Inouye,
(except title II),
Ernest F. Hollings
(except title II),
Patrick J. Leahy
(except title II),
Tom Harkin
(except title II),
Barbara A. Mikulski
(except title II),
Harry Reid
(except title II),
Patty Murray
(except title II),
Byron L. Dorgan
(except title II),
Dianne Feinstein
(except title II),
Tim Johnson
(except title II),
Mary L. Landrieu
(except title II),
Managers on the Part of the Senate.