[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1689 Placed on Calendar Senate (PCS)]
Calendar No. 296
108th CONGRESS
1st Session
S. 1689
Making emergency supplemental appropriations for Iraq and Afghanistan
security and reconstruction for the fiscal year ending September 30,
2004, and for other purposes.
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30 (legislative day, September 29), 2003
Mr. Stevens, from the Committee on Appropriations, reported the
following original bill, which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for Iraq and Afghanistan
security and reconstruction for the fiscal year ending September 30,
2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2004, and for
other purposes, namely:
TITLE I--NATIONAL SECURITY
CHAPTER 1
DEPARTMENT OF DEFENSE
MILITARY 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'',
$24,946,464,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 502 of House
Concurrent Resolution 95, the concurrent resolution on the budget for
fiscal year 2004: Provided further, That the entire amount shall be
available only to the extent that an official budget request for a
specific dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined in House
Concurrent Resolution 95, the concurrent resolution on the budget for
fiscal year 2004, is transmitted by the President to the Congress.
Operation and Maintenance, Navy
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Navy'',
$1,976,258,000, 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'', $5,516,368,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $4,218,452,000, 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; and
(2) $1,000,000,000, 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, military, and other
support provided, or to be provided, to United States military
operations: 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
(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 Assistance, 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.
PROCUREMENT
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$6,200,000, to remain available until September 30, 2006.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $104,000,000, to remain available until
September 30, 2006: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section 502 of
House Concurrent Resolution 95, the concurrent resolution on the budget
for fiscal year 2004: Provided further, That the entire amount shall be
available only to the extent that an official budget request for a
specific dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined in House
Concurrent Resolution 95, the concurrent resolution on the budget for
fiscal year 2004, is transmitted by the President to the Congress.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,078,687,000, to remain available until September 30, 2006: Provided,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 502 of House Concurrent Resolution 95,
the concurrent resolution on the budget for fiscal year 2004: Provided
further, That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an
emergency requirement as defined in House Concurrent Resolution 95, the
concurrent resolution on the budget for fiscal year 2004, is
transmitted by the President to the Congress.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$128,600,000, 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'',
$40,972,000, 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'',
$3,441,006,000, to remain available until September 30, 2006.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$435,635,000, 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'', $265,817,000, to remain available until
September 30, 2005.
REVOLVING AND MANAGEMENT FUNDS
Working Capital Fund, Defense-Wide
For an additional amount for ``Working Capital Fund, Defense-
Wide'', $600,000,000.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift Fund'',
$24,000,000, to remain available until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$658,380,000 for Operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $73,000,000: Provided, That these funds may be
used only for such activities related to Afghanistan: Provided further,
That the Secretary of Defense may transfer the funds provided herein
only to appropriations for military personnel; operation and
maintenance; procurement; and research, development, test, and
evaluation: Provided further, That the funds transferred shall be
merged with and be available for the same purposes and for the same
time period, as the appropriation to which transferred: Provided
further, That the transfer authority provided in this paragraph is in
addition to any other transfer authority available to the Department of
Defense: 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.
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''.
CHAPTER 2
MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for ```Military Construction, Army'',
$119,900,000, to remain available until September 30, 2008: Provided,
That such funds may be obligated and 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 such funds may be obligated and expended to carry out military
construction projects not otherwise authorized by law.
CHAPTER 3
GENERAL PROVISIONS, THIS TITLE
Sec. 301. Section 202(b) of the Afghanistan Freedom Support Act of
2002 (Public Law 107-327) is amended by striking ``$300,000,000'' and
inserting ``$450,000,000''.
Sec. 302. Upon his determination that such action is necessary in
the national interest, the Secretary of Defense may transfer between
appropriations up to $2,500,000,000 of the funds made available in this
title, and in addition such funds as necessary, not to exceed
$5,000,000,000, as approved by the House and Senate Appropriations
Committees, Subcommittees on Defense: 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.
Sec. 303. Funds appropriated in this title, or made available by
transfer of funds in or pursuant to this title, 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. 304. 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 90 days after
such plan has been provided to the congressional defense committees.
Sec. 305. Sections 1318 and 1319 of Public Law 108-11 shall remain
in effect during fiscal year 2004.
Sec. 306. 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 increased to $225; and (b) the rates of pay authorized
by section 427(a)(1) of title 37, United States Code, shall be
increased to $250.
Sec. 307. (a) Section 1313 of Public Law 108-11 is amended by
adding the word, ``unobligated'', before ``balances''.
(b) After October 31, 2003, adjustments to obligations that would
have been properly chargeable to the Defense Emergency Response Fund
shall be charged to any current appropriation account of the Department
of Defense available for the same purpose.
Sec. 308. Within 30 days after the enactment of this Act, the
Secretary of Defense shall report to the Committees on Appropriations
on progress to implement the terms of section 8082 of the Department of
Defense Appropriations Act, 2004.
Sec. 309. Not later than thirty days after the date of enactment of
this Act, the Secretary of Defense shall submit a report to the
congressional defense committees describing an Analysis of Alternatives
for replacing the capabilities of the fleet of KC-135 aircraft.
Sec. 310. None of the funds provided in this title may be used to
finance programs or activities denied by Congress in fiscal year 2003
or 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. 311. 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 Committees on Appropriations
regarding support provided under this section.
Sec. 312. Notwithstanding any other provision of law, from funds
available to the Department of Defense for operation and maintenance in
fiscal year 2004, not to exceed $200,000,000 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 Congress not less than 15
days before providing assistance under the authority of this section.
Sec. 313. (a) Report on Military Readiness Implications of
Operation Iraqi Freedom.--
(1) The Secretary of Defense shall submit to the
congressional defense committees a report assessing the
implications for United States military readiness of the
participation of United States ground combat forces in
Operation Iraqi Freedom.
(2) The report shall be submitted not later than 30 days
after the date of the enactment of this Act.
(b) Matters To Be Included.--The report under subsection (a) shall
include the following:
(1) An estimate of the total number of forces required to
carry out Operation Iraqi Freedom, including forces required
for a rotation base.
(2) An estimate of the expected duration of the operation.
(3) An estimate of the cost of the operation together with
an explanation of how the Secretary will use the funds provided
for the operation, and an assessment of how such proposed
funding plan would affect overall military readiness.
(4) An assessment of how readily forces participating in
the operation could be redeployed to additional overlapping
major conflicts while providing for the President the option to
call for victory in one of those conflicts, as well as to
conduct a limited number of smaller-scale contingency
operations, including an analysis of the availability of
strategic lift, the likely condition of equipment, and the
extent of retraining necessary to facilitate such a
redeployment.
(5) An assessment of the effect of the operation on the
general combat readiness and deployability of combat units to
defend the homeland and for the Global War on Terrorism.
(6) An assessment of the effect of the operation on the
four 2001 Quadrennial Defense Review defense policy goals,
namely assuring allies and friends, dissuading future military
competitors, deterring threats and coercion against United
States interests and, if deterrence fails, decisively defeating
any adversary.
(7) An assessment of the effect the operation would have on
the general combat readiness and deployability of combat units
not designated to be part of the operation including active
forces, reserve, and National Guard.
(8) For current deployment and subsequent rotations, an
assessment of the number and type of combat support and combat
service support units required from active forces, reserve, and
National Guard, and the expected duration of each rotation.
(9) An assessment of the degree to which the operation will
require the use of reserve component units and personnel and
the use and timing of involuntary Selected Reserve callup
authority as provided by section 12304 of title 10, United
States Code.
(10) An assessment of the anticipated annual cost of
equipment refurbishment and replacement resulting from the
operation.
(11) An assessment of how the increased operational tempo
associated with the operation would affect the mission capable
readiness rates and overall health of both strategic and
theater airlift assets.
(12) An assessment of the effect the operation will have on
the ability of the United States Armed Forces, including the
active forces, reserve, and National Guard, to meet recruiting
goals.
(13) An assessment of the effect of the operation on
training infrastructure and instrumentation of United States
training ranges, including the active forces, reserve, and
National Guard.
(14) An assessment of the effect the operation will have on
retention among active forces, reserve, and National Guard.
(15) An assessment of the effect of the operation on
quality of life issues for active forces, reserve, and National
Guard.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' means--
(1) the Committees on Armed Services and Appropriations of
the Senate; and
(2) the Committees on Armed Services and Appropriations of
the House of Representatives.
Sec. 314. (a) Section 1075 of title 10, United States Code, is
amended--
(1) by inserting ``(a) In General.--'' before ``When''; and
(2) by striking the second sentence and inserting the
following:
``(b) Exceptions.--Subsection (a) shall not apply to any of the
following:
``(1) An enlisted member, or former enlisted member, of a
uniformed service who is entitled to retired or retainer pay or
equivalent pay.
``(2) An officer or former officer of a uniformed service,
or an enlisted member or former enlisted member of a uniformed
service not described in paragraph (1), who is hospitalized
under section 1074 of this title because of an injury or
disease incurred (as determined under criteria prescribed by
the Secretary of Defense)--
``(A) as a direct result of armed conflict;
``(B) while engaged in hazardous service;
``(C) in the performance of duty under conditions
simulating war; or
``(D) through an instrumentality of war.''.
(b) Section 1075(b) of title 10, United States Code, as added by
subsection (a), shall take effect on the date of the enactment of this
Act, and shall apply with respect to injuries or diseases incurred on
or after that date.
Sec. 315. (a) Transfer Authority.--Subject to subsection (b), the
Secretary of Defense may transfer not more than $150,000,000 of the
funds appropriated in this title to the contingency construction
account, authorized under section 2804 of title 10, United States Code,
to carry out military construction projects not otherwise authorized by
law. Funds so transferred shall be merged with and be available for the
same purposes and the same time period as the appropriation to which
transferred. The transfer authority under this section is in addition
to any other transfer authority available to the Department of Defense.
(b) Conditions on Transfer.--A transfer of funds under subsection
(a) may not be made until the end of the 7-day period beginning on the
date the Secretary of Defense submits written notice to the appropriate
committees of Congress certifying that the transfer is necessary to
respond to, or protect against, acts or threatened acts of terrorism or
to support Department of Defense operations in Iraq, and specifying the
amounts and purposes of the transfer, including a list of proposed
projects and their estimated costs.
(c) Notice of Obligations.--Notwithstanding section 2804(b) of
title 10, United States Code, when a decision is made to carry out a
military construction project using funds transferred to the
contingency construction account under subsection (a), the Secretary of
Defense shall submit written notice to the appropriate committees of
Congress no later than 15 days after the obligation of the funds for
the project, specifying the source of the transferred funds and the
estimated cost of the project, including form 1391.
(d) Definitions.--For purposes of this section, the terms
``appropriate committees of Congress'', ``military construction'', and
``military installation'' have the meanings given such terms in section
2801 of title 10, United States Code, except that, with respect to
military construction in a foreign country, the term ``military
installation'' includes not only buildings, structures, and other
improvements to real property under the operational control of the
Secretary of a military department or the Secretary of Defense, but
also any building, structure, or other improvement to real property to
be used by the Armed Forces, regardless of whether such use is
anticipated to be temporary or of longer duration; and further
excepting that ``appropriate committees of Congress'' shall include the
Subcommittees on Military Construction of the Committees on
Appropriations of the Senate and House of Representatives.
TITLE II--INTERNATIONAL AFFAIRS
CHAPTER 1
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including rescission)
Of the funds provided under this heading in Public Law 108-11 (117
Stat. 561), $35,800,000 are rescinded.
For an additional amount for ``Diplomatic and Consular Programs'',
$35,800,000, to remain available until September 30, 2005.
emergencies in the diplomatic and consular service
For an additional amount for ``Emergencies in the Diplomatic and
Consular Service'', $90,500,000, to remain available until expended:
Provided, That of the funds made available under this heading,
$50,000,000 shall only be available for rewards: Provided further, That
of the funds made available under this heading, $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: Provided further, That of the funds made available
under this heading, $8,500,000 is for costs associated with the 2003
Free Trade Area of the Americas Ministerial meeting: 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 of prior year unobligated balances
available under this heading, $8,451,000 shall be transferred to and
merged with the appropriation for ``Diplomatic and Consular Programs''
and shall be available only for the Border Security Program: Provided
further, That the entire amount shall be available only to the extent
that an official budget request for $90,500,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in House Concurrent Resolution 95, the
concurrent resolution on the budget for fiscal year 2004, is
transmitted by the President to the Congress.
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'', $40,000,000, to remain
available until September 30, 2005.
capital investment fund
For an additional amount for ``Capital Investment Fund'',
$60,500,000, to remain available until expended: Provided, That the
entire amount shall be available only to the extent that an official
budget request for $60,500,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in House
Concurrent Resolution 98 (108th Congress), the concurrent resolution on
the budget for fiscal year 2004, is transmitted by the President to the
Congress.
OTHER BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Iraq Relief and Reconstruction Fund
(including transfers of funds)
For necessary expenses for security, rehabilitation and
reconstruction in Iraq, $20,304,000,000, to remain available until
expended, to be allocated as follows: $5,136,000,000 for security,
including public safety requirements, national security, and justice;
$5,675,000,000 for the electric sector; $2,100,000,000 for oil
infrastructure; $3,710,000,000 for public works; $875,000,000 for water
resources; $835,000,000 for transportation and telecommunications;
$470,000,000 for housing and construction; $850,000,000 for health;
$353,000,000 for private sector development; and $300,000,000 for
refugees, human rights, democracy and civil society: Provided, That of
the funds made available pursuant to the previous proviso, not less
than $100,000,000 shall be made available for democracy building
activities in Iraq: Provided further, That the Administrator of the
United States Agency for International Development (USAID) shall seek
to ensure that programs, projects, and activities administered by USAID
in Iraq and Afghanistan comply fully with USAID's ``Policy Paper:
Disability'' issued on September 12, 1997: Provided further, That the
Administrator shall submit a report to the Committees on Appropriations
not later than December 31, 2004, describing the manner in which the
needs of people with disabilities were met in the development and
implementation of USAID programs, projects, and activities in Iraq and
Afghanistan in fiscal year 2004: Provided further, That the
Administrator, not later than 180 days after enactment of this Act and
in consultation, as appropriate, with other appropriate departments and
agencies, the Architectural and Transportation Barriers Compliance
Board, and nongovernmental organizations with expertise in the needs of
people with disabilities, shall develop and implement appropriate
standards for access for people with disabilities for construction
projects funded by USAID: 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 not later than 90 days after
enactment of this Act the Secretary of State, in consultation with the
Secretary of Defense, shall submit a report to the Committees on
Appropriations describing the progress made toward indicting and trying
leaders of the former Iraqi regime for war crimes, genocide, or crimes
against humanity: Provided further, That notwithstanding any provision
of this chapter, none of the funds appropriated under this heading may
be made available to enter into any contract or follow-on contract that
uses other than full and open competitive contracting procedures as
defined in 41 U.S.C. 403(6): Provided further, That the President may
waive the requirements of the previous proviso if he determines that it
is necessary to do so as a result of unforeseen or emergency
circumstances: Provided further, That the President may reallocate
funds provided under this heading: Provided further, That these funds
may be transferred to any Federal account for any Federal Government
activity to accomplish the purposes provided herein: 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 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 funds appropriated under this heading or
transferred or reallocated under provisions of this chapter or section
632 of the Foreign Assistance Act of 1961 that are made available for
assistance for Iraq shall be subject to notifications of the Committees
on Appropriations, except that the notifications shall be transmitted
at least 5 days in advance of the obligation of funds: 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 for all
individuals, including a prohibition on laws that would criminalize
blasphemy and apostasy: Provided further, That not later than 90 days
after enactment of this Act and every 90 days thereafter until the
ratification of a new Iraqi constitution, the President shall report to
the appropriate Committees of the Congress, on efforts by the Coalition
Provisional Authority and relevant Iraqi officials to ensure that the
Iraqi constitution preserves religious freedom.
Economic Support Fund
For an additional amount for ``Economic Support Fund'',
$422,000,000, to remain available until September 30, 2005, for
accelerated assistance for Afghanistan: Provided, 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 not to exceed $200,000,000 appropriated under this heading in the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004, 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.
United States Emergency Fund for Complex Foreign Crises
For necessary expenses to enable the President to respond to or
prevent unforeseen complex foreign crises, $100,000,000, to remain
available until expended: Provided, That funds appropriated under this
heading may be made available only pursuant to a determination, after
consultation with the Committees on Appropriations, by the President
that it is in the national interest 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 from these funds the President may
make allocations to Federal agencies to carry out the authorities
provided under this heading: Provided further, That funds appropriated
under this heading shall be subject to the same conditions as those
contained under the same heading in chapter 5 of title I of S. 762, as
reported by the Committee on Appropriations on April 1, 2003: Provided
further, That the President may furnish assistance under this heading
notwithstanding any other provision of law: Provided further, That the
provisions of section 553 of Division E of Public Law 108-7, or any
comparable provision of law enacted subsequent to the enactment of that
Act, shall be applicable to funds appropriated under this heading:
Provided further, That funds appropriated under this heading shall be
subject to the regular notification procedures of the Committees on
Appropriations, except that notifications shall be transmitted at least
5 days in advance of the obligations of funds: Provided further, That
the requirements of the previous proviso may be waived if failure to do
so would pose a substantial risk to human health and welfare: Provided
further, That in case of any such waiver, notification to the
Committees on Appropriations shall be provided as early as practicable,
but in no event later than 3 days after taking the action to which such
notification requirement was applicable, in the context of such
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such waiver shall contain an
explanation of the emergency circumstances.
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $120,000,000, to remain available until September
30, 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'', $222,000,000, for accelerated assistance for Afghanistan.
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$50,000,000, to support the global war on terrorism.
CHAPTER 3
GENERAL PROVISIONS, THIS TITLE
Sec. 2301. 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 $200,000,000: 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 5 days in advance of the
obligation of funds.
Sec. 2302. Assistance or other financing under chapter 2 of this
title may be provided for Iraq, notwithstanding any other provision of
law: Provided, That funds made available for Iraq pursuant to this
authority 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: Provided further,
That the notification requirements of this section may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided further, That in case of any such waiver,
notification to the appropriate congressional committees shall be
provided as early as practicable, but in no event later than 3 days
after taking the action to which such notification requirement was
applicable, in the context of circumstances necessitating such waiver:
Provided further, That any notification provided pursuant to such a
waiver shall contain an explanation of the emergency circumstances.
Sec. 2303. 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. 2304. Section 1503 of Public Law 108-11 is amended by, in the
last proviso, striking ``2004'' and inserting in lieu thereof ``2005''.
Sec. 2305. Section 1504 of Public Law 108-11 is amended by--
(1) in the first proviso, striking ``Iraqi military or
police force'' and inserting in lieu thereof ``Iraqi military,
private security force, other official security forces, police
force, or forces from other countries in Iraq supporting United
States efforts in Iraq''; and
(2) in the last proviso, striking ``2004'' and inserting in
lieu thereof ``2005''.
Sec. 2306. 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. 2307. 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.
Sec. 2308. Funds appropriated by chapter 2 of this title under the
headings ``Economic Support Fund'', ``International Narcotics Control
and Law Enforcement'', Peacekeeping Operations'', and `` Foreign
Military Financing Program'' shall be subject to the regular
notification procedures of the Committees on Appropriations.
Sec. 2309. (a) The Coalition Provisional Authority (CPA) shall, on
a monthly basis, 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.
(b) The first report required by subsection (a) shall be submitted
not later than 30 days after enactment of this Act.
(c) The reports required by this section shall also be made
publicly available, including through the CPA's Internet website.
Sec. 2310. None of the funds made available by this Act or any
unexpended funds provided in Public Law 108-11 may be made available to
pay any costs associated with debts incurred by the former government
of Saddam Hussein.
Sec. 2311. 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. 2312. (a) New Offense.--
(1) In general.--Chapter 47 of title 18, 5 United States
Code, is amended by adding at the end the following:
``SEC. 1037. WAR PROFITEERING AND FRAUD RELATING TO MILITARY ACTION,
RELIEF, AND RECONSTRUCTION EFFORTS IN IRAQ.
``(a) Whoever, in any matter involving a contract or the provision
of goods or services, directly or indirectly, in connection with the
war, military action, or relief or reconstruction activities in Iraq,
knowingly and willfully--
``(1) executes or attempts to execute a scheme or artifice
to defraud the United States or Iraq;
``(2) falsifies, conceals, or covers up by any trick,
scheme or device a material fact;
``(3) makes any materially false, fictitious, or fraudulent
statements or representations, or makes or uses any materially
false writing or document knowing the same to contain any
materially false, fictitious, or fraudulent statement or entry;
or
``(4) materially overvalues any good or service with the
specific intent to excessively profit from the war, military
action, or relief or reconstruction activities in Iraq;
``shall be fined not more than $1,000,000 or imprisoned not more than
20 years, or both. In lieu of a fine otherwise authorized by this
section, a defendant who derives profits or other proceeds from an
offense under this section may be fined not more than twice the gross
profits or other proceeds.
``(b) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(c) Venue.--A prosecution for an offense under this section may
be brought--
``(1) as authorized by Chapter 211 of Title 18;
``(2) in any district where any act in furtherance of the
offense took place; or
``(3) in any district where any party to the contract or
provider of goods or services is located.''.
(2) Chapter analysis.--The chapter analysis for chapter 47
of title 18, United States Code, is amended by inserting at the
end the following:
``1037. War profiteering and fraud relating to military action, relief,
and reconstruction efforts in Iraq.''
(b) Forfeiture.--Section 981(a)(1)(C) of title 18, United States
Code, is amended by inserting after ``1032,'' the following: ``1037,''.
(c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting before ``, section 1111'' the
following: ``, section 1037 War Profiteering and Fraud Relating to
Military Action, Relief, and Reconstruction Efforts in Iraq)''.
(3) Expiration of authorities.--The authorities contained
in this amendment shall expire upon the date that major combat
operations in Iraq cease and desist, the Coalition Provisional
Authority transfers responsibility for governing Iraq to an
indigenous Iraqi government, and a U.S. mission to Iraq, under
the direction and guidance of the Secretary of State, is
responsible for U.S. assistance efforts in Iraq.
TITLE III--GENERAL PROVISION, THIS ACT
Sec. 3001. 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).
This Act may be cited as the ``Emergency Supplemental
Appropriations for Iraq and Afghanistan Security and Reconstruction
Act, 2004''.
Calendar No. 296
108th CONGRESS
1st Session
S. 1689
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for Iraq and Afghanistan
security and reconstruction for the fiscal year ending September 30,
2004, and for other purposes.
_______________________________________________________________________
September 30 (legislative day, September 29), 2003
Read twice and placed on the calendar