IB 

Union Calendar No. 188

108TH CONGRESS 

1ST SESSION H. R. 3289

[Report No. 108–312] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 14, 2003

Mr. YOUNG, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 
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1 fiscal year ending September 30, 2004, and for other pur2 poses, namely: 

3 TITLE I—NATIONAL SECURITY 

4 CHAPTER 1

5 DEPARTMENT OF DEFENSE—MILITARY 

6 MILITARY PERSONNEL 

7 MILITARY PERSONNEL, ARMY

8 For an additional amount for ‘‘Military Personnel, 

9 Army’’, $12,188,870,000: Provided, That the entire 

10 amount is designated by the Congress as an emergency 

11 requirement pursuant to section 502 of H. Con. Res. 95 

12 (108th Congress), the concurrent resolution on the budget 

13 for fiscal year 2004. 

14 MILITARY PERSONNEL, NAVY

15 For an additional amount for ‘‘Military Personnel, 

16 Navy’’, $816,100,000: Provided, That the entire amount 

17 is designated by the Congress as an emergency require18 ment pursuant to section 502 of H. Con. Res. 95 (108th 

19 Congress), the concurrent resolution on the budget for fis20 cal year 2004. 

21 MILITARY PERSONNEL, MARINE CORPS

22 For an additional amount for ‘‘Military Personnel, 

23 Marine Corps’’, $753,190,000: Provided, That the entire 

24 amount is designated by the Congress as an emergency 

25 requirement pursuant to section 502 of H. Con. Res. 95 
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1 (108th Congress), the concurrent resolution on the budget 

2 for fiscal year 2004. 

3 MILITARY PERSONNEL, AIR FORCE

4 For an additional amount for ‘‘Military Personnel, 

5 Air Force’’, $3,384,700,000: Provided, That the entire 

6 amount is designated by the Congress as an emergency 

7 requirement pursuant to section 502 of H. Con. Res. 95 

8 (108th Congress), the concurrent resolution on the budget 

9 for fiscal year 2004. 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For an additional amount for ‘‘Operation and Main13 tenance, Army’’, $24,355,664,000: Provided, That the en14 tire amount is designated by the Congress as an emer15 gency requirement pursuant to section 502 of H. Con. 

16 Res. 95 (108th Congress), the concurrent resolution on 

17 the budget for fiscal year 2004. 

18 OPERATION AND MAINTENANCE, NAVY

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for ‘‘Operation and Main21 tenance, Navy’’, $1,934,058,000, of which up to 

22 $80,000,000 may be transferred to the Department of 

23 Homeland Security for Coast Guard Operations: Provided, 

24 That the entire amount is designated by the Congress as 

25 an emergency requirement pursuant to section 502 of H. 
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1 Con. Res. 95 (108th Congress), the concurrent resolution 

2 on the budget for fiscal year 2004. 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Main5 tenance, Marine Corps’’, $1,198,981,000: Provided, That 

6 the entire amount is designated by the Congress as an 

7 emergency requirement pursuant to section 502 of H. 

8 Con. Res. 95 (108th Congress), the concurrent resolution 

9 on the budget for fiscal year 2004. 

10 OPERATION AND MAINTENANCE, AIR FORCE

11 For an additional amount for ‘‘Operation and Main12 tenance, Air Force’’, $5,598,368,000: Provided, That the 

13 entire amount is designated by the Congress as an emer14 gency requirement pursuant to section 502 of H. Con. 

15 Res. 95 (108th Congress), the concurrent resolution on 

16 the budget for fiscal year 2004. 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 For an additional amount for ‘‘Operation and Main19 tenance, Defense-Wide’’, $4,485,452,000, of which—

20 (1) not to exceed $15,000,000 may be used for 

21 the CINC Initiative Fund account, to be used pri22 marily in Iraq and Afghanistan; and 

23 (2) not to exceed $1,300,000,000, to remain 

24 available until expended, may be used, notwith25 standing any other provision of law, for payments to 
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1 reimburse Pakistan, Jordan, and other key cooper2 ating nations, for logistical and military support pro3 vided, or to be provided, to United States military 

4 operations in connection with military action in Iraq 

5 and the global war on terrorism: Provided, That 

6 such payments may be made in such amounts as the 

7 Secretary of Defense, with the concurrence of the 

8 Secretary of State, and in consultation with the Di9 rector of the Office of Management and Budget, 

10 may determine, in his discretion, based on docu11 mentation determined by the Secretary of Defense to 

12 adequately account for the support provided, and 

13 such determination is final and conclusive upon the 

14 accounting officers of the United States, and 15 

15 days following notification to the appropriate con16 gressional committees: Provided further, That the 

17 Secretary of Defense shall provide quarterly reports 

18 to the Committees on Appropriations on the use of 

19 these funds: Provided further, That the entire 

20 amount is designated by the Congress as an emer21 gency requirement pursuant to section 502 of H. 

22 Con. Res. 95 (108th Congress), the concurrent reso23 lution on the budget for fiscal year 2004. 
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For an additional amount for ‘‘Operation and Main4 tenance, Marine Corps Reserve’’, $16,000,000: Provided, 

5 That the entire amount is designated by the Congress as 

6 an emergency requirement pursuant to section 502 of H. 

7 Con. Res. 95 (108th Congress), the concurrent resolution 

8 on the budget for fiscal year 2004. 

9 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

10 For an additional amount for ‘‘Operation and Main11 tenance, Air Force Reserve’’, $53,000,000: Provided, That 

12 the entire amount is designated by the Congress as an 

13 emergency requirement pursuant to section 502 of H. 

14 Con. Res. 95 (108th Congress), the concurrent resolution 

15 on the budget for fiscal year 2004. 

16 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

17 For an additional amount for ‘‘Operation and Main18 tenance, Air National Guard’’, $214,000,000: Provided, 

19 That the entire amount is designated by the Congress as 

20 an emergency requirement pursuant to section 502 of H. 

21 Con. Res. 95 (108th Congress), the concurrent resolution 

22 on the budget for fiscal year 2004. 

23 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

24 For an additional amount for ‘‘Overseas Humani25 tarian, Disaster, and Civic Aid’’, $35,500,000: Provided, 
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1 That the entire amount is designated by the Congress as 

2 an emergency requirement pursuant to section 502 of H. 

3 Con. Res. 95 (108th Congress), the concurrent resolution 

4 on the budget for fiscal year 2004. 

5 IRAQ FREEDOM FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For ‘‘Iraq Freedom Fund’’, $1,988,600,000, to re8 main available for transfer until September 30, 2005, for 

9 the purposes authorized under this heading in Public Law 

10 108–11: Provided, That the Secretary of Defense may 

11 transfer the funds provided herein to appropriations for 

12 military personnel; operation and maintenance; Overseas 

13 Humanitarian, Disaster, and Civic Aid; procurement; mili14 tary construction; the Defense Health Program; and work15 ing capital funds: Provided further, That funds transferred 

16 shall be merged with and be available for the same pur17 poses and for the same time period as the appropriation 

18 or fund to which transferred: Provided further, That this 

19 transfer authority is in addition to any other transfer au20 thority available to the Department of Defense: Provided 

21 further, That upon a determination that all or part of the 

22 funds transferred from this appropriation are not nec23 essary for the purposes provided herein, such amounts 

24 may be transferred back to this appropriation: Provided 

25 further, That the Secretary of Defense shall, not fewer 
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1 than 5 days prior to making transfers from this appropria2 tion, notify the congressional defense committees of any 

3 such transfer: Provided further, That the Secretary shall 

4 submit a report no later than 30 days after the end of 

5 each fiscal quarter to the congressional defense commit6 tees summarizing the details of the transfer of funds from 

7 this appropriation: Provided further, That the entire 

8 amount is designated by the Congress as an emergency 

9 requirement pursuant to section 502 of H. Con. Res. 95 

10 (108th Congress), the concurrent resolution on the budget 

11 for fiscal year 2004. 

12 PROCUREMENT 

13 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

14 VEHICLES, ARMY

15 For an additional amount for ‘‘Procurement of Weap16 ons and Tracked Combat Vehicles, Army’’, $101,600,000, 

17 to remain available until September 30, 2006: Provided, 

18 That the entire amount is designated by the Congress as 

19 an emergency requirement pursuant to section 502 of H. 

20 Con. Res. 95 (108th Congress), the concurrent resolution 

21 on the budget for fiscal year 2004. 

22 OTHER PROCUREMENT, ARMY

23 For an additional amount for ‘‘Other Procurement, 

24 Army’’, $1,250,287,000, to remain available until Sep25 tember 30, 2006: Provided, That the entire amount is des-
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1 ignated by the Congress as an emergency requirement 

2 pursuant to section 502 of H. Con. Res. 95 (108th Con3 gress), the concurrent resolution on the budget for fiscal 

4 year 2004. 

5 AIRCRAFT PROCUREMENT, NAVY

6 For an additional amount for ‘‘Aircraft Procurement, 

7 Navy’’, $158,600,000, to remain available until September 

8 30, 2006: Provided, That the entire amount is designated 

9 by the Congress as an emergency requirement pursuant 

10 to section 502 of H. Con. Res. 95 (108th Congress), the 

11 concurrent resolution on the budget for fiscal year 2004. 

12 OTHER PROCUREMENT, NAVY

13 For an additional amount for ‘‘Other Procurement, 

14 Navy’’, $76,357,000, to remain available until September 

15 30, 2006: Provided, That the entire amount is designated 

16 by the Congress as an emergency requirement pursuant 

17 to section 502 of H. Con. Res. 95 (108th Congress), the 

18 concurrent resolution on the budget for fiscal year 2004. 

19 PROCUREMENT, MARINE CORPS

20 For an additional amount for ‘‘Procurement, Marine 

21 Corps’’, $123,397,000, to remain available until Sep22 tember 30, 2006: Provided, That the entire amount is des23 ignated by the Congress as an emergency requirement 

24 pursuant to section 502 of H. Con. Res. 95 (108th Con-
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1 gress), the concurrent resolution on the budget for fiscal 

2 year 2004. 

3 AIRCRAFT PROCUREMENT, AIR FORCE

4 For an additional amount for ‘‘Aircraft Procurement, 

5 Air Force’’, $53,972,000, to remain available until Sep6 tember 30, 2006: Provided, That the entire amount is des7 ignated by the Congress as an emergency requirement 

8 pursuant to section 502 of H. Con. Res. 95 (108th Con9 gress), the concurrent resolution on the budget for fiscal 

10 year 2004. 

11 MISSILE PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Missile Procurement, 

13 Air Force’’, $20,450,000, to remain available until Sep14 tember 30, 2006: Provided, That the entire amount is des15 ignated by the Congress as an emergency requirement 

16 pursuant to section 502 of H. Con. Res. 95 (108th Con17 gress), the concurrent resolution on the budget for fiscal 

18 year 2004. 

19 OTHER PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Other Procurement, 

21 Air Force’’, $3,418,006,000, to remain available until 

22 September 30, 2006: Provided, That the entire amount is 

23 designated by the Congress as an emergency requirement 

24 pursuant to section 502 of H. Con. Res. 95 (108th Con-
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1 gress), the concurrent resolution on the budget for fiscal 

2 year 2004. 

3 PROCUREMENT, DEFENSE-WIDE

4 For an additional amount for ‘‘Procurement, De5 fense-Wide’’, $418,635,000, to remain available until Sep6 tember 30, 2006: Provided, That the entire amount is des7 ignated by the Congress as an emergency requirement 

8 pursuant to section 502 of H. Con. Res. 95 (108th Con9 gress), the concurrent resolution on the budget for fiscal 

10 year 2004.

11 RESEARCH, DEVELOPMENT, TEST AND 

12 EVALUATION 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 NAVY

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Navy’’, $34,000,000, to re17 main available until September 30, 2005: Provided, That 

18 the entire amount is designated by the Congress as an 

19 emergency requirement pursuant to section 502 of H. 

20 Con. Res. 95 (108th Congress), the concurrent resolution 

21 on the budget for fiscal year 2004. 

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

23 AIR FORCE

24 For an additional amount for ‘‘Research, Develop25 ment, Test and Evaluation, Air Force’’, $39,070,000, to 
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1 remain available until September 30, 2005: Provided,

2 That the entire amount is designated by the Congress as 

3 an emergency requirement pursuant to section 502 of H. 

4 Con. Res. 95 (108th Congress), the concurrent resolution 

5 on the budget for fiscal year 2004. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 DEFENSE-WIDE

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Defense-Wide’’, 

10 $195,817,000, to remain available until September 30, 

11 2005: Provided, That the entire amount is designated by 

12 the Congress as an emergency requirement pursuant to 

13 section 502 of H. Con. Res. 95 (108th Congress), the con14 current resolution on the budget for fiscal year 2004. 

15 REVOLVING AND MANAGEMENT FUNDS 

16 DEFENSE WORKING CAPITAL FUNDS

17 For an additional amount for ‘‘Defense Working 

18 Capital Funds’’, $600,000,000: Provided, That the entire 

19 amount is designated by the Congress as an emergency 

20 requirement pursuant to section 502 of H. Con. Res. 95 

21 (108th Congress), the concurrent resolution on the budget 

22 for fiscal year 2004. 

23 NATIONAL DEFENSE SEALIFT FUND

24 For an additional amount for ‘‘National Defense Sea25 lift Fund’’, $24,000,000, to remain available until ex-
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1 pended: Provided, That the entire amount is designated 

2 by the Congress as an emergency requirement pursuant 

3 to section 502 of H. Con. Res. 95 (108th Congress), the 

4 concurrent resolution on the budget for fiscal year 2004. 

5 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

6 DEFENSE HEALTH PROGRAM

7 For an additional amount for ‘‘Defense Health Pro8 gram’’, $658,380,000 for Operation and maintenance: 

9 Provided, That the entire amount is designated by the 

10 Congress as an emergency requirement pursuant to sec11 tion 502 of H. Con. Res. 95 (108th Congress), the concur12 rent resolution on the budget for fiscal year 2004. 

13 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

14 DEFENSE

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for ‘‘Drug Interdiction and 

17 Counter-Drug Activities, Defense’’, $73,000,000: Pro18 vided, That these funds may be used for such activities 

19 related to Afghanistan: Provided further, That the Sec20 retary of Defense may transfer the funds provided herein 

21 only to appropriations for military personnel; operation 

22 and maintenance; procurement; and research, develop23 ment, test and evaluation: Provided further, That the 

24 funds transferred shall be merged with and be available 

25 for the same purposes and for the same time period, as 
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1 the appropriation to which transferred: Provided further,

2 That the transfer authority provided in this paragraph is 

3 in addition to any other transfer authority available to the 

4 Department of Defense: Provided further, That the entire 

5 amount is designated by the Congress as an emergency 

6 requirement pursuant to section 502 of H. Con. Res. 95 

7 (108th Congress), the concurrent resolution on the budget 

8 for fiscal year 2004. 

9 RELATED AGENCIES 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For an additional amount for ‘‘Intelligence Commu13 nity Management Account’’, $21,500,000, to remain avail14 able until September 30, 2005; of which $3,000,000 may 

15 be transferred to and merged with the Department of En16 ergy, ‘‘Other Defense Activities’’, and $15,500,000 may 

17 be transferred to and merged with the Federal Bureau of 

18 Investigation, ‘‘Salaries and Expenses’’: Provided, That all 

19 such amounts are designated by the Congress as an emer20 gency requirement pursuant to section 502 of H. Con. 

21 Res. 95 (108th Congress), the concurrent resolution on 

22 the budget for fiscal year 2004. 
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1 GENERAL PROVISIONS—THIS CHAPTER 

2 (TRANSFER OF FUNDS)

3 SEC. 1101. Upon his determination that such action 

4 is necessary in the national interest, the Secretary of De5 fense may transfer between appropriations up to 

6 $3,000,000,000 of the funds made available to the De7 partment of Defense in this chapter: Provided, That the 

8 Secretary shall notify the Congress promptly of each 

9 transfer made pursuant to this authority: Provided further,

10 That the transfer authority provided in this section is in 

11 addition to any other transfer authority available to the 

12 Department of Defense: Provided further, That the au13 thority in this section is subject to the same terms and 

14 conditions as the authority provided in section 8005 of the 

15 Department of Defense Appropriations Act, 2004, except 

16 for the fourth proviso: Provided further, That the entire 

17 amount is designated by the Congress as an emergency 

18 requirement pursuant to section 502 of H. Con. Res. 95 

19 (108th Congress), the concurrent resolution on the budget 

20 for fiscal year 2004. 

21 SEC. 1102. Funds appropriated in this Act, or made 

22 available by the transfer of funds in or pursuant to this 

23 Act, for intelligence activities are deemed to be specifically 

24 authorized by the Congress for purposes of section 504 

25 of the National Security Act of 1947 (50 U.S.C. 414). 
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1 SEC. 1103. Sections 1318 and 1319 of the Emer2 gency Wartime Supplemental Appropriations Act, 2003 

3 (Public Law 108–11; 117 Stat. 571), shall remain in ef4 fect during fiscal year 2004. 

5 SEC. 1104. From October 1, 2003, through Sep6 tember 30, 2004, (a) the rates of pay authorized by sec7 tion 310(a) of title 37, United States Code, shall be $225; 

8 and (b) the rates of pay authorized by section 427(a)(1) 

9 of title 37, United States Code, shall be $250. 

10 SEC. 1105. DEFENSE EMERGENCY RESPONSE FUND

11 CLOSE-OUT AUTHORITY.—(a) Section 1313 of the Emer12 gency Wartime Supplemental Appropriations Act, 2003 

13 (Public Law 108–11; 117 Stat. 569), is amended by in14 serting ‘‘unobligated’’ before ‘‘balances’’. 

15 (b) Effective November 1, 2003, adjustments to obli16 gations that before such date would have been properly 

17 chargeable to the Defense Emergency Response Fund 

18 shall be charged to any current appropriations account of 

19 the Department of Defense available for the same purpose. 

20 SEC. 1106. During the current year, funds made 

21 available in this Act to the Department of Defense for op22 eration and maintenance may be used, notwithstanding 

23 any other provision of law, to provide supplies, services, 

24 transportation, including airlift and sealift, and other 

25 logistical support to coalition forces supporting military 
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1 and stability operations in Iraq: Provided, That the Sec2 retary of Defense shall provide quarterly reports to the 

3 congressional defense committees regarding support pro4 vided under this section. 

5 SEC. 1107. Notwithstanding any other provision of 

6 law, from funds made available in this Act to the Depart7 ment of Defense under ‘‘Operation and Maintenance, De8 fense-Wide’’, not to exceed $100,000,000 may be used by 

9 the Secretary of Defense, with the concurrence of the Sec10 retary of State, to provide assistance only to the New Iraqi 

11 Army and the Afghan National Army to enhance their ca12 pability to combat terrorism and to support U.S. military 

13 operations in Iraq and Afghanistan: Provided, That such 

14 assistance may include the provision of equipment, sup15 plies, services, training and funding: Provided further,

16 That the authority to provide assistance under this section 

17 is in addition to any other authority to provide assistance 

18 to foreign nations: Provided further, That the Secretary 

19 of Defense shall notify the congressional defense commit20 tees not less than 15 days before providing assistance 

21 under the authority of this section. 

22 SEC. 1108. None of the funds provided in this chap23 ter may be used to finance programs or activities denied 

24 by Congress in fiscal year 2004 appropriations to the De25 partment of Defense or to initiate a procurement or re-
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1 search, development, test and evaluation new start pro2 gram without prior notification to the congressional de3 fense committees. 

4 SEC. 1109. In addition to amounts made available 

5 elsewhere in this Act, there is hereby appropriated to the 

6 Department of Defense $413,300,000, to be used only for 

7 recovery and repair of damage due to natural disasters 

8 including Hurricane Isabel, to be distributed as follows: 

9 ‘‘Operation and Maintenance, Army’’, 

10 $73,600,000; 

11 ‘‘Operation and Maintenance, Navy’’, 

12 $126,400,000; 

13 ‘‘Operation and Maintenance, Marine Corps’’, 

14 $9,200,000; 

15 ‘‘Operation and Maintenance, Air Force’’, 

16 $201,900,000; and 

17 ‘‘Other Procurement, Air Force’’, $2,200,000: 

18 Provided, That the entire amount is designated by the 

19 Congress as an emergency requirement pursuant to sec20 tion 502 of H. Con. Res. 95 (108th Congress), the concur21 rent resolution on the budget for fiscal year 2004. 

22 SEC. 1110. During the current fiscal year, from 

23 funds made available in this Act to the Department of De24 fense for operation and maintenance, not to exceed 

25 $180,000,000 may be used, notwithstanding any other 
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1 provision of law, to fund the Commander’s Emergency Re2 sponse Program, established by the Administrator of the 

3 Coalition Provisional Authority for the purpose of enabling 

4 military commanders in Iraq to respond to urgent humani5 tarian relief and reconstruction requirements within their 

6 areas of responsibility by carrying out programs that will 

7 immediately assist the Iraqi people, and to establish and 

8 fund a similar program to assist the people of Afghani9 stan: Provided, That the Secretary of Defense shall pro10 vide quarterly reports, beginning on January 15, 2004, 

11 to the congressional defense committees regarding the 

12 source of funds and the allocation and use of funds made 

13 available pursuant to the authority provided in this sec14 tion. 

15 SEC. 1111. Not later than 30 days after the date of 

16 the enactment of this Act, the Secretary of Defense shall 

17 submit to the congressional defense committees a report 

18 describing an Analysis of Alternatives for replacing the ca19 pabilities of the existing Air Force fleet of KC–135 tanker 

20 aircraft. 
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1 CHAPTER 2

2 DEPARTMENT OF HOMELAND SECURITY 

3 UNITED STATES COAST GUARD 

4 OPERATING EXPENSES

5 For an additional amount for ‘‘Operating Expenses’’, 

6 $23,183,000, for costs related to Hurricane Isabel dam7 age: Provided, That the entire amount is designated by 

8 the Congress as an emergency requirement pursuant to 

9 section 502 of H. Con. Res. 95 (108th Congress), the con10 current resolution on the budget for fiscal year 2004.

11 CHAPTER 3

12 DEPARTMENT OF DEFENSE 

13 MILITARY CONSTRUCTION 

14 MILITARY CONSTRUCTION, ARMY

15 For an additional amount for ‘‘Military Construction, 

16 Army’’, $185,100,000, to remain available until Sep17 tember 30, 2008: Provided, That notwithstanding any 

18 other provision of law, such funds may be obligated or ex19 pended to carry out planning and design and military con20 struction projects not otherwise authorized by law: Pro21 vided further, That the entire amount is designated by the 

22 Congress as an emergency requirement pursuant to sec23 tion 502 of H. Con. Res. 95 (108th Congress), the concur24 rent resolution on the budget for fiscal year 2004. 
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1 MILITARY CONSTRUCTION, NAVY

2 For an additional amount for ‘‘Military Construction, 

3 Navy’’, $45,530,000, to remain available until September 

4 30, 2008: Provided, That notwithstanding any other provi5 sion of law, such funds may be obligated or expended to 

6 carry out military construction projects not otherwise au7 thorized by law: Provided further, That the entire amount 

8 is designated by the Congress as an emergency require9 ment pursuant to section 502 of H. Con. Res. 95 (108th 

10 Congress), the concurrent resolution on the budget for fis11 cal year 2004. 

12 MILITARY CONSTRUCTION, AIR FORCE

13 For an additional amount for ‘‘Military Construction, 

14 Air Force’’, $292,550,000, to remain available until Sep15 tember 30, 2008: Provided, That notwithstanding any 

16 other provision of law, such funds may be obligated or ex17 pended to carry out planning and design and military con18 struction projects not otherwise authorized by law: Pro19 vided further, That the entire amount is designated by the 

20 Congress as an emergency requirement pursuant to sec21 tion 502 of H. Con. Res. 95 (108th Congress), the concur22 rent resolution on the budget for fiscal year 2004. 
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1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 ARMY

3 For an additional amount for ‘‘Family Housing Oper4 ation and Maintenance, Army’’, $8,151,000: Provided, 

5 That the entire amount is designated by the Congress as 

6 an emergency requirement pursuant to section 502 of H. 

7 Con. Res. 95 (108th Congress), the concurrent resolution 

8 on the budget for fiscal year 2004. 

9 FAMILY HOUSING OPERATION AND MAINTENANCE, 

10 NAVY AND MARINE CORPS

11 For an additional amount for ‘‘Family Housing Oper12 ation and Maintenance, Navy and Marine Corps’’, 

13 $6,280,000: Provided, That the entire amount is des14 ignated by the Congress as an emergency requirement 

15 pursuant to section 502 of H. Con. Res. 95 (108th Con16 gress), the concurrent resolution on the budget for fiscal 

17 year 2004. 

18 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

19 FORCE

20 For an additional amount for ‘‘Family Housing Oper21 ation and Maintenance, Air Force’’, $6,981,000: Provided, 

22 That the entire amount is designated by the Congress as 

23 an emergency requirement pursuant to section 502 of H. 

24 Con. Res. 95 (108th Congress), the concurrent resolution 

25 on the budget for fiscal year 2004. 
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1 GENERAL PROVISION—THIS CHAPTER 

2 SEC. 1301. (a) TEMPORARY AUTHORITY TO USE OP3 ERATION AND MAINTENANCE FUNDS FOR MILITARY CON4 STRUCTION PROJECTS.—During fiscal year 2004, the Sec5 retary of Defense may use this section as authority to obli6 gate appropriated funds available for operation and main7 tenance to carry out a construction project outside the 

8 United States that the Secretary determines meets each 

9 of the following conditions: 

10 (1) The construction is necessary to meet ur11 gent military operational requirements of a tem12 porary nature involving the use of the Armed Forces 

13 in support of Operation Iraqi Freedom or the Global 

14 War on Terrorism. 

15 (2) The construction is not carried out at a 

16 military installation where the United States is rea17 sonably expected to have a long-term presence. 

18 (3) The United States has no intention of using 

19 the construction after the operational requirements 

20 have been satisfied. 

21 (4) The level of construction is the minimum 

22 necessary to meet the temporary operational require23 ments. 

24 (b) LIMITATION ON USE OF AUTHORITY.—The total 

25 cost of the construction projects carried out under the au-
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1 thority of this section using, in whole or in part, appro2 priated funds available for operation and maintenance 

3 shall not exceed $500,000,000 in fiscal year 2004. 

4 (c) QUARTERLY REPORT.—(1) Not later than 30 

5 days after the end of each fiscal-year quarter of fiscal year 

6 2004, the Secretary of Defense shall submit to the con7 gressional committees specified in subsection (e) a report 

8 on the worldwide obligation and expenditure during that 

9 quarter of appropriated funds available for operation and 

10 maintenance for construction projects. 

11 (2) The report shall include with regard to each 

12 project the following: 

13 (A) Certification that the conditions specified in 

14 subsection (a) are satisfied with regard to the con15 struction project. 

16 (B) A description of the purpose for which ap17 propriated funds available for operation and mainte18 nance are being obligated. 

19 (C) Relevant documentation detailing the con20 struction project. 

21 (D) An estimate of the total cost of the con22 struction project. 

23 (E) The total amount obligated for the con24 struction project as of the date of the submission of 

25 the report. 
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1 (d) RELATION TO OTHER AUTHORITIES.—The tem2 porary authority provided by this section, and the limited 

3 authority provided by section 2805(c) of title 10, United 

4 States Code, to use appropriated funds available for oper5 ation and maintenance to carry out a construction project 

6 are the only authorities available to the Secretary of De7 fense and the Secretaries of the military departments to 

8 use appropriated funds available for operation and mainte9 nance to carry out construction projects. 

10 (e) CONGRESSIONAL COMMITTEES.—The congres11 sional committees referred to in this section are the fol12 lowing: 

13 (1) The Committee on Armed Services and the 

14 Subcommittees on Defense and Military Construc15 tion of the Committee on Appropriations of the Sen16 ate. 

17 (2) The Committee on Armed Services and the 

18 Subcommittees on Defense and Military Construc19 tion of the Committee on Appropriations of the 

20 House of Representatives. 
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1 TITLE II—IRAQ AND AFGHANISTAN RECON2 STRUCTION AND INTERNATIONAL ASSIST3 ANCE 

4 CHAPTER 1

5 DEPARTMENT OF JUSTICE

6 LEGAL ACTIVITIES

7 GENERAL LEGAL ACTIVITIES

8 For necessary expenses for ‘‘Salaries and Expenses, 

9 General Legal Activities’’, $15,000,000: Provided, That 

10 the entire amount is designated by the Congress as an 

11 emergency requirement pursuant to section 502 of H. 

12 Con. Res. 95 (108th Congress), the concurrent resolution 

13 on the budget for fiscal year 2004. 

14 DEPARTMENT OF STATE AND RELATED AGENCY

15 DEPARTMENT OF STATE

16 ADMINISTRATION OF FOREIGN AFFAIRS

17 DIPLOMATIC AND CONSULAR PROGRAMS

18 (INCLUDING RESCISSION)

19 For necessary expenses for ‘‘Diplomatic and Consular 

20 Programs’’, $156,300,000, of which $35,800,000 shall re21 main available until expended. Of the funds appropriated 

22 under this heading in the Emergency Wartime Supple23 mental Appropriations Act, 2003, $35,800,000 are re24 scinded. All such amounts are designated by the Congress 

25 as an emergency requirement pursuant to section 502 of 
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1 H. Con. Res. 95 (108th Congress), the concurrent resolu2 tion on the budget for fiscal year 2004. 

3 EMBASSY SECURITY, CONSTRUCTION, AND

4 MAINTENANCE

5 For necessary expenses for ‘‘Embassy Security, Con6 struction, and Maintenance’’, $43,900,000, to remain 

7 available until expended: Provided, That the entire amount 

8 is designated by the Congress as an emergency require9 ment pursuant to section 502 of H. Con. Res. 95 (108th 

10 Congress), the concurrent resolution on the budget for fis11 cal year 2004.

12 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

13 SERVICE

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses for ‘‘Emergencies in the Dip16 lomatic and Consular Service’’, $50,000,000, to remain 

17 available until expended, which may be transferred to, and 

18 merged with, the appropriations for ‘‘Diplomatic and Con19 sular Programs’’: Provided, That the entire amount is des20 ignated by the Congress as an emergency requirement 

21 pursuant to section 502 of H. Con. Res. 95 (108th Con22 gress), the concurrent resolution on the budget for fiscal 

23 year 2004. 
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1 INTERNATIONAL ORGANIZATIONS

2 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

3 ACTIVITIES

4 For necessary expenses for ‘‘Contributions for Inter5 national Peacekeeping Activities’’, $245,000,000, to re6 main available until expended: Provided, That the entire 

7 amount is designated by the Congress as an emergency 

8 requirement pursuant to section 502 of H. Con. Res. 95 

9 (108th Congress), the concurrent resolution on the budget 

10 for fiscal year 2004. 

11 RELATED AGENCY

12 BROADCASTING BOARD OF GOVERNORS

13 INTERNATIONAL BROADCASTING OPERATIONS

14 For necessary expenses for ‘‘International Broad15 casting Operations’’, for activities related to the Middle 

16 East Television Network broadcasting to Iraq, 

17 $40,000,000: Provided, That the entire amount is des18 ignated by the Congress as an emergency requirement 

19 pursuant to section 502 of H. Con. Res. 95 (108th Con20 gress), the concurrent resolution on the budget for fiscal 

21 year 2004. 

22 GENERAL PROVISION—THIS CHAPTER 

23 SEC. 2101. Funds appropriated under this chapter 

24 for the Broadcasting Board of Governors and the Depart25 ment of State may be obligated and expended notwith-
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1 standing section 313 of the Foreign Relations Authoriza2 tion Act, Fiscal Years 1994 and 1995, and section 15 of 

3 the State Department Basic Authorities Act of 1956, as 

4 amended. 

5 CHAPTER 2

6 BILATERAL ECONOMIC ASSISTANCE 

7 FUNDS APPROPRIATED TO THE PRESIDENT

8 UNITED STATES AGENCY FOR INTERNATIONAL

9 DEVELOPMENT

10 OPERATING EXPENSES OF THE UNITED STATES AGENCY

11 FOR INTERNATIONAL DEVELOPMENT

12 For necessary expenses for ‘‘Operating Expenses of 

13 the United States Agency for International Development’’, 

14 $40,000,000, for direct support of operations in Afghani15 stan, to remain available until September 30, 2005: Pro16 vided, That the entire amount is designated by the Con17 gress as an emergency requirement pursuant to section 

18 502 of H. Con. Res. 95 (108th Congress), the concurrent 

19 resolution on the budget for fiscal year 2004. 

20 OTHER BILATERAL ECONOMIC ASSISTANCE

21 IRAQ RELIEF AND RECONSTRUCTION FUND

22 (INCLUDING TRANSFERS OF FUNDS)

23 For necessary expenses to carry out the purposes of 

24 the Foreign Assistance Act of 1961, for security, relief, 

25 rehabilitation and reconstruction in Iraq, 
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1 $18,649,000,000, to remain available until September 30, 

2 2005, to be allocated as follows: $3,243,000,000 for secu3 rity and law enforcement; $1,318,000,000 for justice, pub4 lic safety infrastructure, and civil society; $5,560,000,000 

5 for the electric sector; $2,100,000,000 for oil infrastruc6 ture; $4,332,000,000 for water resources and sanitation; 

7 $500,000,000 for transportation and telecommunications; 

8 $370,000,000 for roads, bridges, and construction; 

9 $793,000,000 for health care; $153,000,000 for private 

10 sector development; and $280,000,000 for education, refu11 gees, human rights, democracy, and governance: Provided,

12 That the President may reallocate up to 10 percent of any 

13 of the preceding allocations, except that the total for the 

14 allocation receiving such funds may not be increased by 

15 more than 20 percent: Provided further, That such re16 allocations shall be subject to the regular notification pro17 cedures of the Committees on Appropriations and section 

18 634A of the Foreign Assistance Act of 1961 and notifica19 tions shall be transmitted at least 15 days in advance of 

20 the obligation of funds: Provided further, That an annual 

21 spending plan for reconstruction programs under the pre22 ceding allocations, including project-by-project detail, shall 

23 be submitted by the President to the Committees on Ap24 propriations not later than January 1, 2004, and shall be 

25 updated and submitted every 180 days thereafter: Pro-
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1 vided further, That funds appropriated under this heading 

2 shall be apportioned only to the Coalition Provisional Au3 thority in Iraq, the Department of State, the Department 

4 of Health and Human Services, the Department of Treas5 ury, the Department of Defense, and the United States 

6 Agency for International Development: Provided further,

7 That upon a determination that all or part of the funds 

8 so transferred from this appropriation are not necessary 

9 for the purposes provided herein, such amounts may be 

10 transferred back to this appropriation: Provided further,

11 That of the amount appropriated in this paragraph, not 

12 less than $35,000,000 shall be made available for adminis13 trative expenses of the Department of State Bureau of 

14 International Narcotics and Law Enforcement Affairs and 

15 the United States Agency for International Development 

16 for support of the reconstruction activities in Iraq: Pro17 vided further, That up to 1 percent of the amount appro18 priated in this paragraph may be transferred to ‘‘Oper19 ating Expenses of the Coalition Provisional Authority’’, 

20 and that any such transfer shall be in accordance with 

21 the regular notification procedures of the Committees on 

22 Appropriations and section 634A of the Foreign Assist23 ance Act of 1961: Provided further, That contributions of 

24 funds for the purposes provided herein from any person, 

25 foreign government, or international organization, may be 
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1 credited to this Fund and used for such purposes: Pro2 vided further, That the Committees on Appropriations 

3 shall be notified quarterly of any collections pursuant to 

4 the previous proviso: Provided further, That the Coalition 

5 Provisional Authority shall work, in conjunction with rel6 evant Iraqi officials, to ensure that a new Iraqi constitu7 tion preserves full rights to religious freedom: Provided 

8 further, That, notwithstanding any other provision of law, 

9 10 percent of the total amount of funds apportioned to 

10 the United States Agency for International Development 

11 under this heading that are made available on a sub12 contract basis shall be reserved for contracts with small 

13 business concerns, including small business concerns 

14 owned and controlled by veterans, small business concerns 

15 owned and controlled by service-disabled veterans, 

16 HUBZone small business concerns, small business con17 cerns owned and controlled by socially and economically 

18 disadvantaged individuals, and small business concerns 

19 owned and controlled by women (as such terms are defined 

20 for purposes of the Small Business Act): Provided further,

21 That the entire amount is designated by the Congress as 

22 an emergency requirement pursuant to section 502 of H. 

23 Con. Res. 95 (108th Congress), the concurrent resolution 

24 on the budget for fiscal year 2004. 
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1 OPERATING EXPENSES OF THE COALITION PROVISIONAL

2 AUTHORITY

3 For necessary expenses of the Coalition Provisional 

4 Authority in Iraq, established pursuant to United Nations 

5 Security Council resolutions including Resolution 1483, 

6 for personnel costs, transportation, supply, equipment, fa7 cilities, communications, logistics requirements, studies, 

8 physical security, media support, promulgation and en9 forcement of regulations, and other activities needed to 

10 oversee and manage the relief and reconstruction of Iraq 

11 and the transition to democracy, $858,000,000, to remain 

12 available until September 30, 2005: Provided, That the en13 tire amount is designated by the Congress as an emer14 gency requirement pursuant to section 502 of H. Con. 

15 Res. 95 (108th Congress), the concurrent resolution on 

16 the budget for fiscal year 2004. 

17 ECONOMIC SUPPORT FUND

18 For necessary expenses for ‘‘Economic Support 

19 Fund’’, $872,000,000, to remain available until December 

20 31, 2004: Provided, That not less than $672,000,000 is 

21 available only for accelerated assistance for Afghanistan: 

22 Provided further, That not to exceed $30,000,000 may be 

23 used for activities related to disarmament, demobilization, 

24 and reintegration of militia combatants, including reg25 istration of such combatants, notwithstanding section 
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1 531(e) of the Foreign Assistance Act of 1961: Provided 

2 further, That not to exceed $2,000,000 may be used to 

3 provide additional policy experts in Afghan ministries and 

4 that not more than five senior advisors to the United 

5 States Ambassador may be deployed in Afghanistan: Pro6 vided further, That not less than $17,250,000 is available 

7 only for security requirements that directly support 

8 United States and Coalition personnel who are imple9 menting assistance programs in Afghanistan, including 

10 the provision of adequate dedicated air transport and sup11 port for civilian personnel at provincial reconstruction 

12 team sites: Provided further, That upon the receipt by the 

13 Speaker of the House of Representatives and the Presi14 dent of the Senate of a determination by the President 

15 that the Government of Pakistan is fully cooperating with 

16 the United States in the global war on terrorism, not to 

17 exceed $200,000,000 appropriated under this heading 

18 may be used for the costs, as defined in section 502 of 

19 the Congressional Budget Act of 1974, of modifying direct 

20 loans and guarantees for Pakistan: Provided further, That 

21 amounts that are made available under the previous pro22 viso for the cost of modifying direct loans and guarantees 

23 shall not be considered ‘‘assistance’’ for the purposes of 

24 provisions of law limiting assistance to a country: Provided 

25 further, That the entire amount is designated by the Con-
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1 gress as an emergency requirement pursuant to section 

2 502 of H. Con. Res. 95 (108th Congress), the concurrent 

3 resolution on the budget for fiscal year 2004. 

4 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses for International Disaster 

7 and Famine Assistance utilizing the general authorities of 

8 section 491 of the Foreign Assistance Act of 1961, to re9 spond to or prevent unforeseen complex foreign crises, es10 pecially in Sudan and Liberia, $100,000,000, and by 

11 transfer not to exceed 1 percent of the funds appropriated 

12 under any other heading in this chapter, to remain avail13 able to the Secretary of State until September 30, 2005: 

14 Provided, That funds appropriated under this heading 

15 may be made available only pursuant to a determination 

16 by the President, after consultation with the appropriate 

17 congressional committees, that it is in the national interest 

18 and essential to efforts to reduce international terrorism 

19 to furnish assistance on such terms and conditions as he 

20 may determine for such purposes, including support for 

21 peace and humanitarian intervention operations: Provided 

22 further, That none of these funds shall be available to re23 spond to natural disasters: Provided further, That funds 

24 made available under this heading to respond to or prevent 

25 unforeseen complex foreign crises shall be subject to the 
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1 regular notification procedures of the Committees on Ap2 propriations: Provided further, That the entire amount is 

3 designated by the Congress as an emergency requirement 

4 pursuant to section 502 of H. Con. Res. 95 (108th Con5 gress), the concurrent resolution on the budget for fiscal 

6 year 2004. 

7 DEPARTMENT OF STATE

8 INTERNATIONAL NARCOTICS CONTROL AND LAW

9 ENFORCEMENT

10 For necessary expenses for ‘‘International Narcotics 

11 Control and Law Enforcement’’, $170,000,000, to remain 

12 available until December 31, 2004, for accelerated assist13 ance for Afghanistan: Provided, That the entire amount 

14 is designated by the Congress as an emergency require15 ment pursuant to section 502 of H. Con. Res. 95 (108th 

16 Congress), the concurrent resolution on the budget for fis17 cal year 2004. 

18 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

19 RELATED PROGRAMS

20 For necessary expenses for ‘‘Nonproliferation, Anti21 Terrorism, Demining and Related Programs’’, 

22 $35,000,000, for accelerated assistance for Afghanistan: 

23 Provided, That the entire amount is designated by the 

24 Congress as an emergency requirement pursuant to sec-
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1 tion 502 of H. Con. Res. 95 (108th Congress), the concur2 rent resolution on the budget for fiscal year 2004. 

3 MILITARY ASSISTANCE 

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 FOREIGN MILITARY FINANCING PROGRAM

6 For necessary expenses for the ‘‘Foreign Military Fi7 nancing Program’’, $297,000,000, for accelerated assist8 ance for Afghanistan: Provided, That the entire amount 

9 is designated by the Congress as an emergency require10 ment pursuant to section 502 of H. Con. Res. 95 (108th 

11 Congress), the concurrent resolution on the budget for fis12 cal year 2004. 

13 PEACEKEEPING OPERATIONS

14 For necessary expenses for ‘‘Peacekeeping Oper15 ations’’, $50,000,000, to support the global war on ter16 rorism: Provided, That the entire amount is designated by 

17 the Congress as an emergency requirement pursuant to 

18 section 502 of H. Con. Res. 95 (108th Congress), the con19 current resolution on the budget for fiscal year 2004. 

20 GENERAL PROVISIONS—THIS CHAPTER 

21 SEC. 2201. None of the funds appropriated by this 

22 Act or any unexpended funds provided in Public Law 108–

23 11 may be used to repay, in whole or in part, principal 

24 or interest on any loan or guarantee agreement entered 

25 into by the Government of Iraq with any private or public 
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1 sector entity including with the government of any country 

2 (including any agency of such government or any entity 

3 owned in whole or in part by the government of such coun4 try) or with any international financial institution, prior 

5 to May 1, 2003: Provided, That for the purpose of this 

6 section, the term ‘‘international financial institution’’ shall 

7 mean those institutions contained in section 530(b) of di8 vision E of Public Law 108–7. 

9 SEC. 2202. Notwithstanding any other provision of 

10 law, none of the funds appropriated by this Act under the 

11 heading ‘‘Iraq Relief and Reconstruction Fund’’ and made 

12 available under the same heading in Public Law 108–11 

13 may be used to enter into any Federal contract (including 

14 any follow-on contract) unless—

15 (1) the contract is entered into in accordance 

16 with title III of the Federal Property and Adminis17 trative Services Act (41 U.S.C. 251 et seq.); and 

18 (2) in any case in which procedures other than 

19 competitive procedures are to be used to enter into 

20 such a contract—

21 (A) if such procedures are to be used by 

22 reason of the application of a paragraph (other 

23 than paragraph (2)) under section 303(c) of 

24 such Act (41 U.S.C. 253(c)), the head of the 

25 executive agency entering into the contract shall 
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1 submit to the committees described in sub2 section (b), not later than 7 calendar days be3 fore award of the contract—

4 (i) notification of the use of such 

5 other procedures; and 

6 (ii) the justification for such use; and 

7 (B) if such procedures are to be used by 

8 reason of the application of paragraph (2) of 

9 section 303(c) of such Act (41 U.S.C. 

10 253(c)(2)), the head of the executive agency en11 tering into the contract shall submit to the 

12 committees described in subsection (b), not 

13 later than 7 calendar days after approval of the 

14 justification for the use of such other proce15 dures under section 303(f)(1)(B) of the Federal 

16 Property and Administrative Services Act of 

17 1949 (41 U.S.C. 253(f)(1)(B))—

18 (i) notification of the use of such 

19 other procedures; and 

20 (ii) the justification for such use. 

21 (b) COMMITTEES.—The committees referred to in 

22 subsection (a)(2) are—

23 (1) the Committees on Government Reform, on 

24 International Relations, and on Appropriations of 

25 the House of Representatives; and 
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1 (2) the Committees on Governmental Affairs, 

2 on Foreign Relations, and on Appropriations of the 

3 Senate. 

4 (c) APPLICABILITY.—This section shall not apply to 

5 contracts entered into before the date of the enactment 

6 of this Act or after September 30, 2010. 

7 SEC. 2203. PUBLIC DISCLOSURE OF NONCOMPETITIVE CON8 TRACTING FOR THE RECONSTRUCTION OF 

9 INFRASTRUCTURE IN IRAQ. 

10 (a) DISCLOSURE REQUIRED.—

11 (1) PUBLICATION AND PUBLIC AVAILABILITY.—

12 The head of an executive agency of the United 

13 States that enters into a contract for assistance for 

14 Iraq, using funds described in paragraph (3), 

15 through the use of procedures other than competitive 

16 procedures shall publish in the Federal Register or 

17 Commerce Business Daily and otherwise make avail18 able to the public, not later than 7 days before the 

19 date on which the contract is entered into, except in 

20 the case of urgent and compelling contracts issued 

21 pursuant to paragraph (2) of section 303(c) of the 

22 Federal Property and Administrative Services Act of 

23 1949 (41 U.S.C. 253(c)(2)), the following informa24 tion: 

25 (A) The amount of the contract. 
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1 (B) A brief description of the scope of the 

2 contract. 

3 (C) A discussion of how the executive 

4 agency identified, and solicited offers from, po5 tential contractors to perform the contract, to6 gether with a list of the potential contractors 

7 that were issued solicitations for the offers. 

8 (D) The justification and approval docu9 ments (as required under section 303(f)(1) of 

10 the Federal Property and Administrative Serv11 ices Act of 1949 (41 U.S.C. 253(f)(1)) on 

12 which was based the determination to use pro13 cedures other than competitive procedures. 

14 (2) FUNDS.—The funds referred to in para15 graph (1) are—

16 (A) any funds available to carry out sec17 tions 103 through 106 and chapter 4 of part II 

18 of the Foreign Assistance Act of 1961 (22 

19 U.S.C. 2151b–2151d; 2346 et seq.); and 

20 (B) any funds appropriated by Public Law 

21 108–11 under the heading ‘‘Iraq Relief and Re22 construction Fund’’ (in chapter 5 of title I; 117 

23 Stat. 573). 
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1 (3) APPLICABILITY.—Paragraph (1) shall not 

2 apply to contracts entered into before the date of the 

3 enactment of this Act or after September 30, 2010. 

4 (b) CLASSIFIED INFORMATION.—

5 (1) AUTHORITY TO WITHHOLD.—The head of 

6 an executive agency may—

7 (A) withhold from publication and disclo8 sure under subsection (a) any document that is 

9 classified for restricted access in accordance 

10 with a Executive order in the interest of na11 tional defense or foreign policy; and 

12 (B) redact any part so classified that is in 

13 a document not so classified before publication 

14 and disclosure of the document under sub15 section (a). 

16 (2) AVAILABILITY TO CONGRESS.—In any case 

17 in which the head of an executive agency withholds 

18 information under paragraph (1), the head of such 

19 executive agency shall make available an unredacted 

20 version of the document containing that information 

21 to the chairman and ranking member of each of the 

22 following committees of Congress: 

23 (A) The Committee on Governmental Af24 fairs of the Senate and the Committee on Gov-
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1 ernment Reform of the House of Representa2 tives. 

3 (B) The Committees on Appropriations of 

4 the Senate and House of Representatives. 

5 (C) Each committee that the head of the 

6 executive agency determines has legislative ju7 risdiction for the operations of such department 

8 or agency to which the information related. 

9 (c) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—

10 Nothing in this section shall be construed as affecting obli11 gations to disclose United States Government information 

12 under any other provision of law. 

13 (d) DEFINITIONS.—In this section, the terms ‘‘com14 petitive procedures’’ and ‘‘executive agency’’ have the 

15 meanings given such terms in section 4 of the Office of 

16 Federal Procurement Policy Act (41 U.S.C. 403).

17 SEC. 2204. Section 1503 of Public Law 108–11 is 

18 amended—

19 (1) by striking ‘‘equipment’’ and inserting in 

20 lieu thereof ‘‘equipment, including equipment’’; and 

21 (2) by striking ‘‘2004’’ and inserting in lieu 

22 thereof ‘‘2005’’. 

23 SEC. 2205. Section 1504 of Public Law 108–11 is 

24 amended by striking ‘‘controlled’’ and inserting ‘‘or small 

25 arms controlled’’. 
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1 SEC. 2206. Section 202(b) of the Afghanistan Free2 dom Support Act of 2002 (Public Law 107–327) is 

3 amended by striking ‘‘$300,000,000’’ and inserting in lieu 

4 thereof ‘‘$450,000,000’’. 

5 SEC. 2207. (a) Until January 2005, the Coalition 

6 Provisional Authority (CPA) shall, on a monthly basis, 

7 submit a report to the Committees on Appropriations and 

8 International Relations of the House of Representatives 

9 and the Committees on Appropriations and Foreign Rela10 tions of the Senate that details, for the preceding month, 

11 Iraqi oil production and oil revenues, and uses of such rev12 enues. 

13 (b) The first report required by subsection (a) shall 

14 be submitted not later than 30 days after enactment of 

15 this Act. 

16 (c) The reports required by this section shall also be 

17 made publicly available, including through the CPA’s 

18 Internet website. 

19 SEC. 2208. Any reference in this chapter to the ‘‘Coa20 lition Provisional Authority in Iraq’’ shall be deemed to 

21 include any successor United States Government entity 

22 with the same or substantially the same authorities and 

23 responsibilities as the Coalition Provisional Authority in 

24 Iraq. 
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1 SEC. 2209. Assistance or other financing under chap2 ter 2 of this title may be provided for Iraq and Afghani3 stan notwithstanding any other provision of law not con4 tained in this Act that restricts assistance to foreign coun5 tries and section 660 of the Foreign Assistance Act of 

6 1961: Provided, That funds made available for Iraq pursu7 ant to this section shall be subject to the regular re8 programming notification procedures of the Committees 

9 on Appropriations and section 634A of the Foreign Assist10 ance Act of 1961, except that notification shall be trans11 mitted at least 5 days in advance of obligation. 

12 SEC. 2210. Funds made available in chapter 2 of this 

13 title are made available notwithstanding section 10 of 

14 Public Law 91–672 and section 15 of the State Depart15 ment Basic Authorities Act of 1956, as amended. 

16 SEC. 2211. Notwithstanding any other provision of 

17 law, the Overseas Private Investment Corporation is au18 thorized to undertake any program authorized by title IV 

19 of the Foreign Assistance Act of 1961 in Iraq: Provided,

20 That funds made available pursuant to the authority of 

21 this section shall be subject to the regular reprogramming 

22 notification procedures of the Committees on Appropria23 tions. 
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1 REPORT ON MILITARY OPERATIONS AND

2 RECONSTRUCTION EFFORTS IN IRAQ AND AFGHANISTAN

3 SEC. 2212. (a) REPORT.—The President shall pre4 pare and transmit to Congress on a quarterly basis a re5 port on United States military operations and reconstruc6 tion efforts in Iraq and Afghanistan. 

7 (b) CONTENTS.—The report shall, at a minimum, 

8 contain the following information: 

9 (1) A full accounting of amounts appropriated 

10 under this Act or any other Act that were expended 

11 during the preceding quarter for military operations 

12 and reconstruction efforts in Iraq and Afghanistan. 

13 (2) A description of progress made in recon14 struction efforts in Iraq and Afghanistan, particu15 larly efforts relating to public safety, defense and 

16 law enforcement, energy infrastructure, water, 

17 sewer, roads, and other public works, transportation 

18 and telecommunications infrastructure, medical and 

19 hospital services, and private sector development. 

20 (3) A description of progress made to reduce 

21 attacks against members of the United States 

22 Armed Forces in Iraq and Afghanistan. 

23 (4) An analysis of the impact that military op24 erations in Iraq and Afghanistan have had on overall 

25 readiness of the Armed Forces. 
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1 (5) An analysis of the impact that the extended 

2 deployment of members of the Armed Forces in con3 nection with Operation Iraqi Freedom and Operation 

4 Enduring Freedom is having on recruiting and re5 tention efforts in the active and reserve components. 

6 (6) An estimate of the cost of repairing or re7 placing the combat vehicles, aircraft, and other 

8 equipment damaged or destroyed by combat, by pro9 longed use in Iraq and Afghanistan, or by exposure 

10 to the extreme climatic and terrain conditions in 

11 Iraq and Afghanistan. 

12 (7) A description of progress made toward hold13 ing of free and fair elections in Iraq. 

14 (8) A description of the extent of international 

15 participation in the stabilization and reconstruction 

16 of Iraq and the amount of financial assistance that 

17 the United States has secured from the international 

18 community during the preceding quarter. 

19 (9) The number of members of the Armed 

20 Forces deployed in connection with Operation Iraqi 

21 Freedom and Operation Enduring Freedom. 

22 SEC. 2213. (a) REVIEW OF CONTRACTING PROCE23 DURES.—The Comptroller General shall review each cov24 ered contract and task or delivery order entered into dur25 ing a review period to determine whether the procedures 
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1 used to enter into the contracts and orders were in compli2 ance with the requirements of this Act and other applica3 ble laws and regulations. 

4 (b) REPORT.—At the end of each review period, the 

5 Comptroller General shall submit to Congress a report on 

6 the results of the review. 

7 (c) REVIEW PERIOD.—A review under subsection (a) 

8 shall be carried each quarter of a fiscal year, beginning 

9 with the first quarter beginning after the date of the en10 actment of this Act. 

11 (d) COVERED CONTRACTS AND ORDERS.—This sec12 tion applies to any contract or task or delivery order en13 tered into using funds appropriated by this Act for foreign 

14 assistance if—

15 (1) in the case of a contract, the contract is in 

16 an amount in excess of the simplified acquisition 

17 threshold (as defined in section 4 of the Office of 

18 Federal Procurement Policy Act (41 U.S.C. 403), 

19 and 

20 (2) in the case of a task or delivery order, the 

21 order is in an amount in excess of $1,000,000.

22 TITLE III—GENERAL PROVISIONS—THIS ACT 

23 SEC. 3001. No part of any appropriation contained 

24 in this Act shall remain available for obligation beyond 

25 the current fiscal year unless expressly so provided herein. 
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1 SEC. 3002. None of the funds made available in this 

2 or any other Act for fiscal year 2004 may be used for 

3 any defense or reconstruction activities in Iraq or Afghani4 stan coordinated by any officer of the United States Gov5 ernment whose office is not subject to appointment by the 

6 President by and with the advice and consent of the Sen7 ate. 

8 SEC. 3003. For purposes of computing the amount 

9 of a payment for an eligible local educational agency under 

10 section 8003(a) of the Elementary and Secondary Edu11 cation Act (20 U.S.C. 7703(a)), children enrolled in a 

12 school of such agency that would otherwise be eligible for 

13 payment under section 8003(a)(1)(B) of such Act, but due 

14 to the deployment of both parents or legal guardians, or 

15 due to the death of a military parent or legal guardian 

16 while on active duty, are no longer eligible under such sec17 tion, shall be considered as eligible students under such 

18 section, provided such students remain in average daily 

19 attendance at the same school that they attended prior 

20 to their change in eligibility status. 

21 SEC. 3004. None of the funds made available by this 

22 Act may be provided to any unit of the security forces 

23 of a foreign country participating with coalition forces in 

24 Afghanistan or Iraq if the Secretary of State or the Sec25 retary Defense has credible evidence that such unit has 
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1 committed gross violations of human rights, unless the ap2 propriate Secretary determines and reports to the Com3 mittees on Appropriations that the government of such 

4 country is taking effective measures to bring the respon5 sible members of the security forces unit to justice: Pro6 vided, That nothing in this section shall be construed to 

7 withhold funds made available by this Act from any unit 

8 of the security forces of a foreign country not credibly al9 leged to be involved in gross violations of human rights: 

10 Provided further, That in the event that funds are withheld 

11 from any unit pursuant to this section, the appropriate 

12 Secretary shall promptly inform the foreign government 

13 of the basis for such action and shall, to the maximum 

14 extent practicable, assist the foreign government in taking 

15 effective measures to bring the responsible members of the 

16 security forces to justice. 

17 SEC. 3005. None of the funds in this Act, or any 

18 other appropriations Act, may be used to execute the Lat19 eral Repatriation Program, or any other program under 

20 which citizens or nationals of Mexico are removed by land 

21 from the United States by returning them to a location 

22 other than the United States port of entry closest to the 

23 location where they were apprehended or last imprisoned, 

24 or, in the case of an alien who is removed upon being ac25 quitted of a criminal charge, the port of entry closest to 
51

HR 3289 RH 

1 the courthouse where the acquittal occurs. If the Secretary 

2 of Homeland Security determines that compliance with the 

3 preceding sentence is not feasible, the Secretary shall no4 tify the Committees on the Judiciary and on Appropria5 tions of the House of Representatives and of the Senate. 

6 SEC. 3006. None of the funds in this Act, or any 

7 other appropriations Act, may be used for the issuance 

8 of Form I–20A by the San Antonio Office of Detention 

9 and Removal of the Bureau of Immigration and Customs 

10 Enforcement and the Border Patrol sectors served by said 

11 office. 

12 This Act may be cited as the ‘‘Emergency Supple13 mental Appropriations Act for Defense and for the Recon14 struction of Iraq and Afghanistan, 2004’’.
Union Calendar No. 188

108TH CONGRESS 

1ST SESSION H. R. 3289

[Report No. 108–312] 

A BILL

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. 

OCTOBER 14, 2003

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed