Pub.L. 108-107 Making further continuing appropriations for the fiscal year 2004, and for other purposes. <> ...

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[[Page 117 STAT. 1209]]

Public Law 108-106
108th Congress

                                 An Act


 
  Making emergency supplemental appropriations for defense and for the 
   reconstruction of Iraq and Afghanistan for the fiscal year ending 
      September 30, 2004, and for other purposes. <<NOTE: Nov. 6, 
                         2003 -  [H.R. 3289]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Emergency 
Supplemental Appropriations Act for Defense and for the Reconstruction 
of Iraq and Afghanistan, 2004.>> 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.

[[Page 117 STAT. 1210]]

                     Operation and Maintenance, Navy

    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, <<NOTE: Notification.>> 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, <<NOTE: Reports.>> 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.

[[Page 117 STAT. 1211]]

              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

    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, <<NOTE: Notification.>> 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 <<NOTE: Reports. Deadline.>> 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.

[[Page 117 STAT. 1212]]

                       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.

[[Page 117 STAT. 1213]]

                     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

    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

    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

    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: 
<<NOTE: Notification.>> Provided, That the Secretary shall notify the 
Congress promptly of each transfer made pursuant to this authority: 
Provided further, That

[[Page 117 STAT. 1214]]

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.

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