H.R.3289 - Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004
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October 17, 2003
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H.R.3289
Title: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.
Sponsor: Rep Young, C. W. Bill [FL-10] (introduced 10/14/2003) Cosponsors: (none)
Committees: House Appropriations
House Reports: 108-312; Conference Reports: 108-337
Related Bills: H.RES.396, H.RES.401, H.RES.424, S.1689
Latest Major Action: 11/6/2003 Became Public Law No: 108-106 [Text, PDF]
Burgess voted YES
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SUMMARY AS OF:
10/17/2003--Passed House, amended. (There are 3 other summaries)
Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 - Makes emergency supplemental appropriations for FY 2004 for military and foreign affairs operations concerning Iraq and Afghanistan, including for Iraqi relief and reconstruction.
Title I: National Security - Chapter 1: Department of Defense-Military - Makes appropriations to the Department of Defense (DOD) for: (1) military personnel; (2) operation and maintenance (O&M); (3) overseas humanitarian, disaster, and civic aid; (4) the Iraq Freedom Fund; (5) procurement; (6) research, development, test and evaluation; (7) Defense Working Capital Funds and the National Defense Sealift Fund; (8) the Defense Health Program; (9) drug interdiction and counter-drug activities related to Afghanistan; and (10) the Intelligence Community Management Account.
(Sec. 1104) Continues during FY 2004 the increased monthly rates of pay, currently authorized for FY 2003, for imminent danger special pay and the family separation allowance.
(Sec. 1106) Allows DOD O&M funds to be used to: (1) provide logistical support to coalition forces supporting military and stability operations in Iraq; and (2) enhance the capability of the New Iraqi Army and the Afghan National Army to combat terrorism and support U.S. military operations in Iraq and Afghanistan.
(Sec. 1109) Appropriates funds to DOD to be used only for recovery and repair of damage due to natural disasters, including Hurricane Isabel.
(Sec. 1110) Earmarks specified O&M funds for the Commander's Emergency Response Program (urgent Iraqi humanitarian and reconstruction relief and assistance for the people of Afghanistan). Requires quarterly reports from the Secretary of Defense to the congressional defense committees regarding the use of such funds.
(Sec. 1111) Requires a report from the Secretary to the defense committees describing an Analysis of Alternatives for replacing the capabilities of the existing Air Force fleet of KC-135 tanker aircraft.
(Sec. 1112) Makes permanent (currently, applies only during FY 2004) the exemption from the requirement of payment of subsistence charges while hospitalized in a military facility for an enlisted member, former enlisted member, officer, or former officer who is hospitalized in a military facility because of an injury incurred: (1) as a direct result of armed conflict; (2) while engaged in hazardous service; (3) in the performance of duty under conditions simulating war; or (4) through an instrumentality of war. Amends the Department of Defense Appropriations Act, 2004 to make such exemption retroactive with respect to any period of hospitalization on or after September 11, 2001. Directs the Secretary of the military department concerned to refund any amount paid, or waive recovery of unpaid amounts, for such charges since that date.
Chapter 2: Department of Homeland Security - Makes appropriations for the Department of Homeland Security for the Coast Guard for costs related to Hurricane Isabel damage.
Chapter 3: Department of Defense - Makes appropriations for military construction and military family housing O&M.
(Sec. 1301) Authorizes the Secretary to use O&M funds for military construction projects in support of Operation Iraqi Freedom or the Global War on Terrorism. Limits the total cost of such projects to $500 million in FY 2004. Requires quarterly reports from the Secretary to the defense committees on the worldwide obligation and expenditure of such funds.
Title II: Iraq and Afghanistan Reconstruction and International Assistance - Chapter 1: Department of Justice - Makes appropriations for: (1) the Department of Justice for general legal activities; (2) diplomatic and consular programs and emergencies in the diplomatic consular service; (3) embassy security, construction, and maintenance; (4) contributions for international peacekeeping activities; and (5) international broadcasting operations.
Chapter 2: Bilateral Economic Assistance -Makes appropriations for: (1) the United States Agency for International Development; (2) the Iraq Relief and Reconstruction Fund for security, relief, rehabilitation, and reconstruction in Iraq; (3) the Coalition Provisional Authority in Iraq; (4) the Economic Support Fund; (5) international disaster and famine assistance; (6) international narcotics control and law enforcement; (7) nonproliferation, anti-terrorism, demining, and related programs; (8) the Foreign Military Financing Program; and (9) peacekeeping operations to support the global war on terrorism.
(Sec. 2201) Prohibits the use of funds from this Act or the Emergency Wartime Supplemental Appropriations Act, 2003 (Emergency Wartime Act) to repay principal or interest on any loan or guarantee agreement entered into by the Government of Iraq with any private or public sector entity prior to May 1, 2003.
(Sec. 2202) Prohibits funds made available from the Iraq Relief and Reconstruction Fund under either this or the Emergency Wartime Act from being used to enter into any Federal contract unless: (1) the contract is entered into using competitive procedure requirements of the Federal Property and Administrative Services Act; or (2) the contracting agency notifies specified congressional committees of, and submits justification for, the use of other than competitive procedures.
(Sec. 2203) Requires the head of any agency entering into a contract for assistance for Iraq through the use of other than competitive procedures, to publish and make public certain information with respect to such contract, including justification and approval documents.
(Sec. 2204) Amends the Emergency Wartime Act to: (1) extend through FY 2005 the authority of the President to suspend application of any provision of the Iraq Sanctions Act of 1990; and (2) authorize the export of small arms to Iraq under procedures specified in the Arms Export Control Act.
(Sec. 2206) Amends the Afghanistan Freedom Support Act of 2002 to increase from $300 million to $450 million the aggregate value of authorized assistance to the Government of Afghanistan and eligible foreign countries and international organizations to direct the drawdown of defense articles and services and military education and training.
(Sec. 2207) Directs the Coalition Provisional Authority, on a monthly basis until January 2005, to report to the appropriations and foreign relations committees on Iraqi oil production and revenues.
(Sec. 2211) Allows the Overseas Private Investment Corporation to undertake in Iraq any program authorized in title IV of the Foreign Assistance Act of 1961.
(Sec. 2212) Directs the President to report quarterly to Congress on U.S. military operations and reconstruction efforts in Iraq and Afghanistan.
(Sec. 2213) Directs the Comptroller General, quarterly, to review and report to Congress on whether the procedures used to enter each contract or task or delivery order entered into using funds appropriated by this Act for foreign assistance were in compliance with this Act and other applicable laws and regulations.
Title III: General Provisions-This Act - (Sec. 3004) Prohibits the provision of funds from this Act to any unit of the security forces of a foreign country participating with coalition forces in Afghanistan or Iraq if either the Secretary of State or Defense has credible evidence that such unit has committed gross violations of human rights, unless the appropriate Secretary determines and reports to the appropriations committees that the government of such country is taking effective measures to bring the responsible members of such unit to justice.
(Sec. 3005) Prohibits funds from this Act from being used: (1) for the participation of Iraq in the Organization of Petroleum Exporting Countries (OPEC); or (2) to fund any contract in contravention of Federal procurement subcontracting goals under the Small Business Act.
(Sec. 3007) Prohibits funds made available and allocated for oil infrastructure under the Iraq Relief and Reconstruction Fund from being used to enter into any contract using other than competitive procedures.
