(3) The 30 Inspector General shall submit to the appropriate committees of Congress semiannual reports 31 meeting the requirements of section 5 of the Inspector General Act of 1978. The first such report for a year, covering the first six months of the year, shall be submitted not later than July 31, of that year, and the second such report, covering the second six months of the year, shall be submitted not later than January 31, of the following year.32

(4) The Inspector General shall publish each report under this subsection in both English and Arabic on the Internet website of the Department of State and of the Department of Defense.33

(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 Secretary of State and the Secretary of Defense.34

(2)(A) Not later than 30 days after receipt of a report under paragraph (1), the Secretary of State or the Secretary of Defense 35 may submit to the appropriate committees of Congress any comments on the matters covered by the report as the Secretary of State or the Secretary of Defense, as the case may be,36 considers appropriate.

(B) A report under this paragraph may include a classified annex if the Secretary of State or the Secretary of Defense, as the case may be,37 considers it necessary.

30 Sec. 1203(i)(3)A) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2081) struck out "Not later than June 30, 2004, and semiannually thereafter, the" and inserted in lieu thereof “The”.

31 Sec. 1203(1)(3)(B) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2081) struck out “a report" and inserted in lieu thereof "semiannual reports".

32 Sec. 1203(1)(3)(C) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2081) added this sentence.

33 Sec. 1203(1)(4) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2081) struck out "of the Coalition Provisional Authority" and inserted in lieu thereof "of the Department of State and of the Department of Defense". 34 Sec. 1203(e)(3)(A) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2080) struck out "the head of the Coalition Provisional Authority" and inserted in lieu thereof “the Secretary of State and the Secretary of Defense".

35 Sec. 1203(e)(3)(B)(i)(I) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2080) struck out "the head of the Coalition Provisional Authority" and inserted in lieu thereof "the Secretary of State or the Secretary of Defense".

36 Sec. 1203(e)(3)(B)(i)(II) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2080) struck out "the head of the Coalition Provisional Authority" and inserted in lieu thereof "the Secretary of State or the Secretary of Defense, as the case may be,".

37 Sec. 1203(e)(3)(B)(ii) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2080) struck out "the head of the Coalition Provisional Authority" and inserted in lieu thereof "the Secretary of State or the Secretary of Defense, as the case may be,”.

(k) TRANSPARENCY.—(1) Not later than 60 days after the date of the submittal to Congress of a report under subsection (i), the Secretary of State and the Secretary of Defense shall jointly 38 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 Secretary of State and the Secretary of Defense shall jointly 38 make copies of such comments available to the public upon request, and at a reasonable cost.

(1) 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.

(0) 39 TERMINATION.-The Office of the Inspector General shall terminate on the date that is 10 months after the date, as determined by the Secretary of State and the Secretary of Defense, on which 80 percent of the amounts appropriated or otherwise made available to the Iraq Relief and Reconstruction Fund by chapter 2 of title II of this Act have been expended.40

38 Sec. 1203 e 4) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2080) struck out "the head of the Coalition Provisional Authority" in each place it appeared in subsec. (k), and inserted in lieu thereof "the Secretary of State and the Secretary of Defense shall jointly".

See 1203) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2081) amended and restated subsec. 10). It previously read as follows:

10) The Office of Inspector General shall terminate 6 months after the authorities and duties of the Coalition Provisional Authority cease to exist.".

*Sec. 599 of the Foreign Operations. Export Financing, and Related Programs Appropriations Act. 2006 (Public Law 109–102, 119 Stat. 2240), struck out “obligated" and inserted in lieu thereof "expended"

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).

*

*

*

This Act may be cited as the "Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004".

h. Emergency Wartime Supplemental Appropriations Act, 2003

Partial text of Public Law 108-11 [H.R. 1559], 117 Stat. 559, approved April 16, 2003; amended by Public Law 108-106 [Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004; H.R. 3289], 117 Stat. 1209, approved November 6, 2003; Public Law 108-447 [Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, approved December 8, 2004

AN ACT Making emergency wartime supplemental appropriations for the fiscal year 2003, 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, 2003, and for other purposes, namely:

TITLE I-WAR-RELATED APPROPRIATIONS

There is established in the Treasury of the United States a special account to be known as the "Iraq Freedom Fund". For additional expenses for ongoing military operations in Iraq, and those

Sec. 8128 of the Department of Defense Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1102, provided the following:

"(RESCISSION)

S 8128. Of the funds made available in chapter 3 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11), under the heading Iraq Freedom FILE: $3.490,000,000 are hereby rescinded".

The I of Public Law 108-106 (117 Stat. 1211) provided the following:

“IRAQ FREEDOM FUND

“UNCLUDING TRANSFER OF FUNDS)

For Trac Freedom Fund', $1.988.600,000, to remain available for transfer until September 31 2006 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 persutine, operation and maintenance. Overseas Humanitarian. Disaster, and Civic Aid, propurepeti, mi tary construction, the Defense Health Program, and working capital funds: Profact the That funds transferred shall be merged with and be available for the same purauses and for the same time period as the appropriation or fund to which transferred: Provided Bear Then 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

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;

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.”.

Sec. 1507 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2099) provided the following:

"SEC. 1507. IRAQ FREEDOM FUND.

"(a) IN GENERAL.-Funds are hereby authorized to be appropriated for fiscal year 2005 for the account of the Iraq Freedom Fund in amount of $3,892,000,000, to remain available for transfer to other accounts in this title until September 30, 2006. Amounts of authorization so transferred shall be merged with and be made available for the same purposes as the authorization to which transferred. Of the amounts provided in this section $1,800,000,000 shall only be used for classified programs.

"(b) NOTICE TO CONGRESS.-A transfer may be made from the Iraq Freedom Fund only after the Secretary of Defense notifies the congressional defense committees with respect to the proposed transfer in writing not less than five days before the transfer is made.".

Title IX of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1005), provided the following:

"IRAQ FREEDOM FUND

"(INCLUDING TRANSFER OF FUNDS

"For an additional amount for Iraq Freedom Fund', $3,800,000,000, to remain available for transfer until September 30, 2006, only to support operations in Iraq or Afghanistan and classified activities: 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; research, development, test and evaluation; the Defense Health Program; and working capital funds: Provided further, That of the amounts provided under this heading, $1,800,000,000 shall only be for classified programs, described in further detail in the classified annex accompanying this Act: Provided further, That up to $100,000,000 shall be available for the Department of Homeland Security, 'United States Coast Guard, Operating Expenses': 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.".