Pub.L. 108-012 To reinstate and extend the deadline for commencement of construction of a hydroelectric project in the State of Illinois. <> ...

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those operations authorized by Public Law 107-40, and other operations 
and related activities in support of the global war on terrorism, not 
otherwise provided for, necessary to finance the estimated partial costs 
of combat, stability operations (including natural resource risk 
remediation activities), force reconstitution, replacement of munitions 
and equipment, and other costs, there is hereby appropriated 
$15,678,900,000, to remain available for transfer until September 30, 
2004: Provided, That amounts provided under this heading shall be 
available for transfer for the following activities:
            Not less than $1,771,180,000 for classified programs, which 
        shall be in addition to amounts provided for elsewhere in this 
        chapter, and under this heading, for procurement and research, 
        development, test and evaluation;
            Not less than $1,100,000,000 for increased fuel costs, for 
        transfer to ``Defense Working Capital Funds'';
            Up to $1,400,000,000 for transfer to ``Operation and 
        Maintenance, Defense-Wide'', only for purposes further specified 
        in section 1310 of this chapter;
            Up to $489,300,000 for transfer to the ``Natural Resources 
        Risk Remediation Fund'';
            Up to $400,000,000 for transfer to Department of Homeland 
        Security, ``United States Coast Guard, Operating Expenses'', to 
        support military activities in connection with operations in and 
        around Iraq and the global war on terrorism;
            Up to $57,600,000 for research, development, test, and 
        evaluation; and
            Up to $25,000,000 for counter-terrorism military training 
        activities for foreign governments in connection with the global 
        war on terrorism, including equipment, supplies and services, on 
        such terms as the Secretary of Defense, with the concurrence of 
        the Secretary of State and 15 days following submission of a 
        financial plan for the use of such funds to the congressional 
        defense committees, may determine:

Provided further, That in addition to the transfers authorized in the 
preceding proviso, 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; research, development, test and evaluation; military 
construction; the Defense Health Program appropriation; and working 
capital funds: Provided further, That the funds transferred under this 
heading shall be merged with and shall 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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: Reports. Deadline.>> the Secretary of 
Defense shall submit a report no later than July 1, 2003, and then 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.

[[Page 117 STAT. 565]]

                 Natural Resources Risk Remediation Fund

                           (transfer of funds)

    There is established in the Treasury of the United States a special 
account to be known as the ``Natural Resources Risk Remediation Fund''. 
Funds transferred to, appropriated to, and contributions made to, the 
Natural Resources Risk Remediation Fund may be made available for 
expenses necessary, in and around Iraq, to address emergency fire 
fighting, repair of damage to oil facilities and related infrastructure, 
and preserve a distribution capability, and may remain available until 
expended: Provided, That up to $489,300,000 of the funds appropriated to 
the Iraq Freedom Fund in this Act may be transferred to this fund: 
Provided further, That the Secretary of Defense may accept from any 
person, foreign government, or international organization, and credit to 
this fund, any contribution of money for such purposes: Provided 
further, That funds available in the Defense Cooperation Account may be 
transferred to and merged with the Natural Resources Risk Remediation 
Fund: Provided further, That the Secretary of Defense may transfer funds 
available in the Natural Resources Risk Remediation Fund to other 
appropriations or funds of the Department of Defense to carry out such 
purposes, or to reimburse such appropriations or funds for expenses 
incurred for such purposes: Provided further, That funds so transferred 
shall be merged with and shall be available for the same purposes and 
for the same time period as the appropriation or fund 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, such amounts 
may be transferred back to this appropriation: Provided further, That in 
administering the Natural Resources Risk Remediation Fund during fiscal 
year 2003, the Secretary of Defense may transfer funds from the Iraq 
Freedom Fund only to the extent that amounts transferred from the 
Defense Cooperation Account and amounts accepted pursuant to the 
authority of the second proviso of this paragraph are not currently 
available: Provided further, That, hereafter, contributions of money 
deposited into the Natural Resources Risk Remediation Fund shall be 
reported to the Congress in the same report, and under the same terms 
and conditions, as the report required for contributions to the Defense 
Cooperation Account under section 2608, chapter 155 of title 10, United 
States Code: Provided further, That <<NOTE: Reports. Deadline.>> the 
Secretary of Defense shall submit a report no later than 30 days after 
the end of each fiscal quarter to the congressional defense committees 
of any transfer of funds from this appropriation.

                               PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$4,100,000.

[[Page 117 STAT. 566]]

                        Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$3,100,000.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $53,300,000.

                     Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$447,500,000.

                         Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$241,800,000.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$113,600,000.

                        Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$451,000,000.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $11,500,000.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $70,000,000, to remain available for 
obligation until September 30, 2004.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$501,700,000 for Operation and maintenance.

         Drug Interdiction and Counter-Drug Activities, Defense

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $34,000,000.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1301. Except as otherwise specifically provided in this 
chapter, amounts provided to the Department of Defense under

[[Page 117 STAT. 567]]

each of the headings in this chapter shall be available for the same 
time period, and subject to the same terms and conditions, as the 
amounts appropriated or otherwise made available in the Department of 
Defense Appropriations Act, 2003 (Public Law 107-248) and Making Further 
Continuing Appropriations for the Fiscal Year 2003, and for Other 
Purposes (Public Law 108-7).
    Sec. 1302. None of the funds provided in this chapter may be used to 
finance programs or activities denied by Congress in previous fiscal 
year 2003 appropriations acts which make 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. 1303. None of the funds in this chapter may be used to develop 
or procure any item or capability that will not be fielded within 4 
years of enactment of this Act.
    Sec. 1304. (a) Title II of the Department of Defense Appropriations 
Act, 2003 (Public Law 107-248), is <<NOTE: 116 Stat. 1522.>> amended 
under the heading ``Operation and Maintenance, Defense-Wide'' by 
striking ``$25,000,000'' and inserting ``$50,000,000''.

    (b) During fiscal year 2003 and notwithstanding the limitations in 
section 166a(e)(1) of title 10, United States Code, of the total amount 
available under such heading for the CINC initiative fund account (as 
amended by subsection (a)), not more than $15,000,000 may be used for 
the purpose described in subparagraph (A) of such section 166a(e)(1), 
not more than $10,000,000 may be used for the purpose described in 
subparagraph (B) of such section, and not more than $10,000,000 may be 
used for the purpose described in subparagraph (C) of such section.
    Sec. 1305. Title II of the Department of Defense Appropriations Act, 
2003 (Public Law 107-248), is <<NOTE: 116 Stat. 1522.>> amended under 
the heading ``Operation and Maintenance, Defense-Wide'' by striking 
``$34,500,000'' and inserting ``$50,000,000''.

                           (transfer of funds)

    Sec. 1306. Section 8005 of the Department of Defense Appropriations 
Act, 2003 (Public Law 107-248), <<NOTE: 116 Stat. 1537.>> is amended--
            (1) by striking ``$2,000,000,000'' and inserting 
        ``$2,500,000,000'';
            (2) by striking ``May 31, 2003'' and inserting ``June 30, 
        2003''; and
            (3) by striking the sixth proviso, as added by section 112 
        of division M of Public Law 108-7, <<NOTE: Ante, p. 
        536.>> beginning with ``: Provided further,'' and ending with 
        ``to which transferred''.

                      (including transfer of funds)

    Sec. 1307. In addition to amounts made available elsewhere in this 
Act for the Department of Defense, $165,000,000 is appropriated to the 
Department of Defense to reimburse applicable appropriations for the 
value of drawdown support provided by the Department of Defense under 
the Afghanistan Freedom Support Act of 2002: Provided, That this 
appropriation shall not increase the limitation set forth in section 
202(b) of that Act: Provided further, That the Secretary of Defense may 
transfer the funds provided herein to the applicable appropriations of 
the Department of Defense: Provided further, That the funds transferred 
shall be merged with and shall be available for the same purposes and

[[Page 117 STAT. 568]]

for the same time period as the appropriation to which transferred: 
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 notwithstanding any other 
provision of law, none of the funds provided in this or any other 
appropriations Act for the Department of Defense may be used for the 
drawdown authority in section 202 of the Afghanistan Freedom Support Act 
of 2002 (Public Law 107-327) prior to notifying in writing the House and 
Senate Committees on Appropriations of the source of the funds to be 
used for such purpose.
    Sec. 1308. 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. 1309. (a) Of the amounts available to the Secretary of Defense, 
$63,500,000 may be used to reimburse applicable appropriations for the 
value of support provided by the Department of Defense under the Iraq 
Liberation Act of 1998: Provided, That this appropriation shall not 
increase the limitation set forth in section (4)(a)(2)(B) of that Act.
    (b) Section (4)(a)(2) of the Iraq Liberation Act <<NOTE: 22 USC 2151 
note.>> of 1998 is amended by adding the following new subparagraph at 
the end:
                    ``(C) The aggregate value (as defined in section 
                644(m) of the Foreign Assistance Act of 1961) of 
                assistance provided under this paragraph may not exceed 
                $86,500,000 in fiscal year 2003.''.

    (c) Notwithstanding <<NOTE: Notification. Deadline.>> any other 
provision of law, none of the funds provided in this or any other 
appropriations Act for the Department of Defense may be used for the 
drawdown authority in section (4)(a)(2) of the Iraq Liberation Act of 
1998 (including the drawdown authority of this section) unless the House 
and Senate Committees on Appropriations are notified in writing of the 
sources of the funds to be used for such purpose not later than 7 days 
following the exercise of the drawdown authority.

                      (including transfer of funds)

    Sec. 1310. Up to $1,400,000,000 of funds transferred under the 
authority provided under the heading ``Iraq Freedom Fund'' to 
``Operation and Maintenance, Defense-Wide'' 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 unless expressly provided in an appropriations Act enacted 
after the date of enactment of this Act, and notwithstanding any other 
provision of law, no funds other than those additional

[[Page 117 STAT. 569]]

amounts provided herein shall be made available for any payments 

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