II 

Calendar No. 296

108TH CONGRESS 

1ST SESSION S. 1689

Making emergency supplemental appropriations for Iraq and Afghanistan 

security and reconstruction for the fiscal year ending September 30, 

2004, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2003

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

original bill, which was read twice and placed on the calendar 

A BILL

Making emergency supplemental appropriations for Iraq and 

Afghanistan security and reconstruction 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 

5 fiscal year ending September 30, 2004, and for other pur6 poses, namely:
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1 TITLE I—NATIONAL SECURITY 

2 CHAPTER 1

3 DEPARTMENT OF DEFENSE 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For an additional amount for ‘‘Military Personnel, 

7 Army’’, $12,858,870,000. 

8 MILITARY PERSONNEL, NAVY

9 For an additional amount for ‘‘Military Personnel, 

10 Navy’’, $816,100,000. 

11 MILITARY PERSONNEL, MARINE CORPS

12 For an additional amount for ‘‘Military Personnel, 

13 Marine Corps’’, $753,190,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For an additional amount for ‘‘Military Personnel, 

16 Air Force’’, $3,384,700,000. 

17 OPERATION AND MAINTENANCE 

18 OPERATION AND MAINTENANCE, ARMY

19 For an additional amount for ‘‘Operation and Main20 tenance, Army’’, $24,946,464,000: Provided, That the en21 tire amount is designated by the Congress as an emer22 gency requirement pursuant to section 502 of House Con23 current Resolution 95, the concurrent resolution on the 

24 budget for fiscal year 2004: Provided further, That the en25 tire amount shall be available only to the extent that an 
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1 official budget request for a specific dollar amount, that 

2 includes designation of the entire amount of the request 

3 as an emergency requirement as defined in House Concur4 rent Resolution 95, the concurrent resolution on the budg5 et for fiscal year 2004, is transmitted by the President 

6 to the Congress. 

7 OPERATION AND MAINTENANCE, NAVY

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Operation and Main10 tenance, Navy’’, $1,976,258,000, of which up to 

11 $80,000,000 may be transferred to the Department of 

12 Homeland Security for Coast Guard Operations. 

13 OPERATION AND MAINTENANCE, MARINE CORPS

14 For an additional amount for ‘‘Operation and Main15 tenance, Marine Corps’’, $1,198,981,000. 

16 OPERATION AND MAINTENANCE, AIR FORCE

17 For an additional amount for ‘‘Operation and Main18 tenance, Air Force’’, $5,516,368,000. 

19 OPERATION AND MAINTENANCE, DEFENSE-WIDE

20 For an additional amount for ‘‘Operation and Main21 tenance, Defense-Wide’’, $4,218,452,000, of which—

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

23 the CINC Initiative Fund account, to be used pri24 marily in Iraq and Afghanistan; and 
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1 (2) $1,000,000,000, to remain available until 

2 expended, may be used, notwithstanding any other 

3 provision of law, for payments to reimburse Paki4 stan, Jordan, and other key cooperating nations, for 

5 logistical, military, and other support provided, or to 

6 be provided, to United States military operations: 

7 Provided, That such payments may be made in such 

8 amounts as the Secretary of Defense, with the con9 currence of the Secretary of State, and in consulta10 tion with the Director of the Office of Management 

11 and Budget, may determine, in his discretion, based 

12 on documentation determined by the Secretary of 

13 Defense to adequately account for the support pro14 vided, and such determination is final and conclusive 

15 upon the accounting officers of the United States, 

16 and 15 days following notification to the appropriate 

17 congressional committees: Provided further, That the 

18 Secretary of Defense shall provide quarterly reports 

19 to the Committees on Appropriations on the use of 

20 these funds. 

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 RESERVE

23 For an additional amount for ‘‘Operation and Main24 tenance, Marine Corps Reserve’’, $16,000,000. 
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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Air Force Reserve’’, $53,000,000. 

4 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

5 For an additional amount for ‘‘Operation and Main6 tenance, Air National Guard’’, $214,000,000. 

7 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

8 For an additional amount for ‘‘Overseas Humani9 tarian, Disaster, and Civic Aid’’, $35,500,000. 

10 IRAQ FREEDOM FUND

11 (TRANSFER OF FUNDS)

12 For ‘‘Iraq Freedom Fund’’, $1,988,600,000, to re13 main available for transfer until September 30, 2005, for 

14 the purposes authorized under this heading in Public Law 

15 108–11: Provided, That the Secretary of Defense may 

16 transfer the funds provided herein to appropriations for 

17 military personnel; operation and maintenance; Overseas 

18 Humanitarian, Disaster Assistance, and Civic Aid; pro19 curement; military construction; the Defense Health Pro20 gram; and working capital funds: Provided further, That 

21 funds transferred shall be merged with and be available 

22 for the same purposes and for the same time period as 

23 the appropriation or fund to which transferred: Provided 

24 further, That this transfer authority is in addition to any 

25 other transfer authority available to the Department of 
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1 Defense: Provided further, That upon a determination that 

2 all or part of the funds transferred from this appropriation 

3 are not necessary for the purposes provided herein, such 

4 amounts may be transferred back to this appropriation: 

5 Provided further, That the Secretary of Defense shall, not 

6 fewer than 5 days prior to making transfers from this ap7 propriation, notify the congressional defense committees 

8 in writing of the details of any such transfer: Provided 

9 further, That the Secretary shall submit a report no later 

10 than 30 days after the end of each fiscal quarter to the 

11 congressional defense committees summarizing the details 

12 of the transfer of funds from this appropriation. 

13 PROCUREMENT 

14 MISSILE PROCUREMENT, ARMY

15 For an additional amount for ‘‘Missile Procurement, 

16 Army’’, $6,200,000, to remain available until September 

17 30, 2006. 

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For an additional amount for ‘‘Procurement of Weap21 ons and Tracked Combat Vehicles, Army’’, $104,000,000, 

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

23 That the entire amount is designated by the Congress as 

24 an emergency requirement pursuant to section 502 of 

25 House Concurrent Resolution 95, the concurrent resolu-
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1 tion on the budget for fiscal year 2004: Provided further,

2 That the entire amount shall be available only to the ex3 tent that an official budget request for a specific dollar 

4 amount, that includes designation of the entire amount of 

5 the request as an emergency requirement as defined in 

6 House Concurrent Resolution 95, the concurrent resolu7 tion on the budget for fiscal year 2004, is transmitted by 

8 the President to the Congress. 

9 OTHER PROCUREMENT, ARMY

10 For an additional amount for ‘‘Other Procurement, 

11 Army’’, $1,078,687,000, to remain available until Sep12 tember 30, 2006: Provided, That the entire amount is des13 ignated by the Congress as an emergency requirement 

14 pursuant to section 502 of House Concurrent Resolution 

15 95, the concurrent resolution on the budget for fiscal year 

16 2004: Provided further, That the entire amount shall be 

17 available only to the extent that an official budget request 

18 for a specific dollar amount, that includes designation of 

19 the entire amount of the request as an emergency require20 ment as defined in House Concurrent Resolution 95, the 

21 concurrent resolution on the budget for fiscal year 2004, 

22 is transmitted by the President to the Congress. 
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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $128,600,000, to remain available until September 

4 30, 2006. 

5 OTHER PROCUREMENT, NAVY

6 For an additional amount for ‘‘Other Procurement, 

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

8 30, 2006. 

9 PROCUREMENT, MARINE CORPS

10 For an additional amount for ‘‘Procurement, Marine 

11 Corps’’, $123,397,000, to remain available until Sep12 tember 30, 2006. 

13 AIRCRAFT PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Aircraft Procurement, 

15 Air Force’’, $40,972,000, to remain available until Sep16 tember 30, 2006. 

17 MISSILE PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Missile Procurement, 

19 Air Force’’, $20,450,000, to remain available until Sep20 tember 30, 2006. 

21 OTHER PROCUREMENT, AIR FORCE

22 For an additional amount for ‘‘Other Procurement, 

23 Air Force’’, $3,441,006,000, to remain available until 

24 September 30, 2006. 
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1 PROCUREMENT, DEFENSE-WIDE

2 For an additional amount for ‘‘Procurement, De3 fense-Wide’’, $435,635,000, to remain available until Sep4 tember 30, 2006. 

5 RESEARCH, DEVELOPMENT, TEST AND 

6 EVALUATION 

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

8 NAVY

9 For an additional amount for ‘‘Research, Develop10 ment, Test and Evaluation, Navy’’, $34,000,000, to re11 main available until September 30, 2005. 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 AIR FORCE

14 For an additional amount for ‘‘Research, Develop15 ment, Test and Evaluation, Air Force’’, $39,070,000, to 

16 remain available until September 30, 2005. 

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

18 DEFENSE-WIDE

19 For an additional amount for ‘‘Research, Develop20 ment, Test and Evaluation, Defense-Wide’’, 

21 $265,817,000, to remain available until September 30, 

22 2005. 
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1 REVOLVING AND MANAGEMENT FUNDS 

2 WORKING CAPITAL FUND, DEFENSE-WIDE

3 For an additional amount for ‘‘Working Capital 

4 Fund, Defense-Wide’’, $600,000,000. 

5 NATIONAL DEFENSE SEALIFT FUND

6 For an additional amount for ‘‘National Defense Sea7 lift Fund’’, $24,000,000, to remain available until ex8 pended. 

9 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

10 DEFENSE HEALTH PROGRAM

11 For an additional amount for ‘‘Defense Health Pro12 gram’’, $658,380,000 for Operation and maintenance. 

13 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

14 DEFENSE

15 For an additional amount for ‘‘Drug Interdiction and 

16 Counter-Drug Activities, Defense’’, $73,000,000: Pro17 vided, That these funds may be used only for such activi18 ties related to Afghanistan: Provided further, That the 

19 Secretary of Defense may transfer the funds provided 

20 herein only to appropriations for military personnel; oper21 ation and maintenance; procurement; and research, devel22 opment, test, and evaluation: Provided further, That the 

23 funds transferred shall be merged with and be available 

24 for the same purposes and for the same time period, as 

25 the appropriation to which transferred: Provided further,
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1 That the transfer authority provided in this paragraph is 

2 in addition to any other transfer authority available to the 

3 Department of Defense: Provided further, That upon a de4 termination that all or part of the funds transferred from 

5 this appropriation are not necessary for the purposes pro6 vided herein, such amounts may be transferred back to 

7 this appropriation. 

8 RELATED AGENCIES 

9 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

10 (INCLUDING TRANSFER OF FUNDS)

11 For an additional amount for ‘‘Intelligence Commu12 nity Management Account’’, $21,500,000, to remain avail13 able until September 30, 2005; of which $3,000,000 may 

14 be transferred to and merged with the Department of En15 ergy, ‘‘Other Defense Activities’’, and $15,500,000 may 

16 be transferred to and merged with the Federal Bureau of 

17 Investigation, ‘‘Salaries and Expenses’’.

CHAPTER 2

MILITARY CONSTRUCTION 

MILITARY CONSTRUCTION, ARMY

For an additional amount for ‘‘‘Military Construction, Army’’, $119,900,000, to remain available until 

September 30, 2008: Provided, That such funds may be 

obligated and expended to carry out military construction 

projects not otherwise authorized by law. 
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MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Military Construction, Air Force’’, $292,550,000, to remain available until 

September 30, 2008: Provided, That such funds may be 

obligated and expended to carry out military construction 

projects not otherwise authorized by law.

1 CHAPTER 3

2 GENERAL PROVISIONS, THIS TITLE 

3 SEC. 301. Section 202(b) of the Afghanistan Free4 dom Support Act of 2002 (Public Law 107–327) is 

5 amended by striking ‘‘$300,000,000’’ and inserting 

6 ‘‘$450,000,000’’. 

7 SEC. 302. Upon his determination that such action 

8 is necessary in the national interest, the Secretary of De9 fense may transfer between appropriations up to 

10 $2,500,000,000 of the funds made available in this title, 

11 and in addition such funds as necessary, not to exceed 

12 $5,000,000,000, as approved by the House and Senate 

13 Appropriations Committees, Subcommittees on Defense: 

14 Provided, That the Secretary shall notify the Congress 

15 promptly of each transfer made pursuant to this authority: 

16 Provided further, That the transfer authority provided in 

17 this section is in addition to any other transfer authority 

18 available to the Department of Defense: Provided further,

19 That the authority in this section is subject to the same 
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1 terms and conditions as the authority provided in section 

2 8005 of the Department of Defense Appropriations Act, 

3 2004. 

4 SEC. 303. Funds appropriated in this title, or made 

5 available by transfer of funds in or pursuant to this title, 

6 for intelligence activities are deemed to be specifically au7 thorized by the Congress for purposes of section 504 of 

8 the National Security Act of 1947 (50 U.S.C. 414). 

9 SEC. 304. None of the funds available to the Depart10 ment of Defense may be obligated to implement any action 

11 which alters the command responsibility or permanent as12 signment of forces until 90 days after such plan has been 

13 provided to the congressional defense committees. 

14 SEC. 305. Sections 1318 and 1319 of Public Law 

15 108–11 shall remain in effect during fiscal year 2004. 

16 SEC. 306. From October 1, 2003 through September 

17 30, 2004, (a) the rates of pay authorized by section 310(a) 

18 of title 37, United States Code, shall be increased to $225; 

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

20 of title 37, United States Code, shall be increased to $250. 

21 SEC. 307. (a) Section 1313 of Public Law 108–11 

22 is amended by adding the word, ‘‘unobligated’’, before 

23 ‘‘balances’’. 

24 (b) After October 31, 2003, adjustments to obliga25 tions that would have been properly chargeable to the De-
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1 fense Emergency Response Fund shall be charged to any 

2 current appropriation account of the Department of De3 fense available for the same purpose. 

4 SEC. 308. Within 30 days after the enactment of this 

5 Act, the Secretary of Defense shall report to the Commit6 tees on Appropriations on progress to implement the 

7 terms of section 8082 of the Department of Defense Ap8 propriations Act, 2004. 

9 SEC. 309. Not later than thirty days after the date 

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

11 submit a report to the congressional defense committees 

12 describing an Analysis of Alternatives for replacing the ca13 pabilities of the fleet of KC–135 aircraft. 

14 SEC. 310. None of the funds provided in this title 

15 may be used to finance programs or activities denied by 

16 Congress in fiscal year 2003 or 2004 appropriations to 

17 the Department of Defense or to initiate a procurement 

18 or research, development, test and evaluation new start 

19 program without prior notification to the congressional de20 fense committees. 

21 SEC. 311. During the current fiscal year, funds avail22 able to the Department of Defense for operation and 

23 maintenance may be used, notwithstanding any other pro24 vision of law, to provide supplies, services, transportation, 

25 including airlift and sealift, and other logistical support 
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1 to coalition forces supporting military and stability oper2 ations in Iraq: Provided, That the Secretary of Defense 

3 shall provide quarterly reports to the Committees on Ap4 propriations regarding support provided under this sec5 tion. 

6 SEC. 312. Notwithstanding any other provision of 

7 law, from funds available to the Department of Defense 

8 for operation and maintenance in fiscal year 2004, not to 

9 exceed $200,000,000 may be used by the Secretary of De10 fense, with the concurrence of the Secretary of State, to 

11 provide assistance only to the New Iraqi Army and the 

12 Afghan National Army to enhance their capability to com13 bat terrorism and to support U.S. military operations in 

14 Iraq and Afghanistan: Provided, That such assistance may 

15 include the provision of equipment, supplies, services, 

16 training and funding: Provided further, That the authority 

17 to provide assistance under this section is in addition to 

18 any other authority to provide assistance to foreign na19 tions: Provided further, That the Secretary of Defense 

20 shall notify Congress not less than 15 days before pro21 viding assistance under the authority of this section. 

22 SEC. 313. (a) REPORT ON MILITARY READINESS IM23 PLICATIONS OF OPERATION IRAQI FREEDOM.—

24 (1) The Secretary of Defense shall submit to 

25 the congressional defense committees a report as-
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1 sessing the implications for United States military 

2 readiness of the participation of United States 

3 ground combat forces in Operation Iraqi Freedom. 

4 (2) The report shall be submitted not later than 

5 30 days after the date of the enactment of this Act. 

6 (b) MATTERS TO BE INCLUDED.—The report under 

7 subsection (a) shall include the following: 

8 (1) An estimate of the total number of forces 

9 required to carry out Operation Iraqi Freedom, in10 cluding forces required for a rotation base. 

11 (2) An estimate of the expected duration of the 

12 operation. 

13 (3) An estimate of the cost of the operation to14 gether with an explanation of how the Secretary will 

15 use the funds provided for the operation, and an as16 sessment of how such proposed funding plan would 

17 affect overall military readiness. 

18 (4) An assessment of how readily forces partici19 pating in the operation could be redeployed to addi20 tional overlapping major conflicts while providing for 

21 the President the option to call for victory in one of 

22 those conflicts, as well as to conduct a limited num23 ber of smaller-scale contingency operations, includ24 ing an analysis of the availability of strategic lift, 

25 the likely condition of equipment, and the extent of 
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1 retraining necessary to facilitate such a redeploy2 ment. 

3 (5) An assessment of the effect of the operation 

4 on the general combat readiness and deployability of 

5 combat units to defend the homeland and for the 

6 Global War on Terrorism. 

7 (6) An assessment of the effect of the operation 

8 on the four 2001 Quadrennial Defense Review de9 fense policy goals, namely assuring allies and 

10 friends, dissuading future military competitors, de11 terring threats and coercion against United States 

12 interests and, if deterrence fails, decisively defeating 

13 any adversary. 

14 (7) An assessment of the effect the operation 

15 would have on the general combat readiness and 

16 deployability of combat units not designated to be 

17 part of the operation including active forces, reserve, 

18 and National Guard. 

19 (8) For current deployment and subsequent ro20 tations, an assessment of the number and type of 

21 combat support and combat service support units re22 quired from active forces, reserve, and National 

23 Guard, and the expected duration of each rotation. 

24 (9) An assessment of the degree to which the 

25 operation will require the use of reserve component 
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1 units and personnel and the use and timing of invol2 untary Selected Reserve callup authority as provided 

3 by section 12304 of title 10, United States Code. 

4 (10) An assessment of the anticipated annual 

5 cost of equipment refurbishment and replacement re6 sulting from the operation. 

7 (11) An assessment of how the increased oper8 ational tempo associated with the operation would 

9 affect the mission capable readiness rates and over10 all health of both strategic and theater airlift assets. 

11 (12) An assessment of the effect the operation 

12 will have on the ability of the United States Armed 

13 Forces, including the active forces, reserve, and Na14 tional Guard, to meet recruiting goals. 

15 (13) An assessment of the effect of the oper16 ation on training infrastructure and instrumentation 

17 of United States training ranges, including the ac18 tive forces, reserve, and National Guard. 

19 (14) An assessment of the effect the operation 

20 will have on retention among active forces, reserve, 

21 and National Guard. 

22 (15) An assessment of the effect of the oper23 ation on quality of life issues for active forces, re24 serve, and National Guard. 
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1 (c) FORM OF REPORT.—The report required by sub2 section (a) shall be submitted in unclassified form, but 

3 may include a classified annex. 

4 (d) CONGRESSIONAL DEFENSE COMMITTEES DE5 FINED.—In this section, the term ‘‘congressional defense 

6 committees’’ means—

7 (1) the Committees on Armed Services and Ap8 propriations of the Senate; and 

9 (2) the Committees on Armed Services and Ap10 propriations of the House of Representatives. 

11 SEC. 314. (a) Section 1075 of title 10, United States 

12 Code, is amended—

13 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

14 ‘‘When’’; and 

15 (2) by striking the second sentence and insert16 ing the following: 

17 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

18 any of the following: 

19 ‘‘(1) An enlisted member, or former enlisted 

20 member, of a uniformed service who is entitled to re21 tired or retainer pay or equivalent pay. 

22 ‘‘(2) An officer or former officer of a uniformed 

23 service, or an enlisted member or former enlisted 

24 member of a uniformed service not described in 

25 paragraph (1), who is hospitalized under section 
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1 1074 of this title because of an injury or disease in2 curred (as determined under criteria prescribed by 

3 the Secretary of Defense)—

4 ‘‘(A) as a direct result of armed conflict; 

5 ‘‘(B) while engaged in hazardous service; 

6 ‘‘(C) in the performance of duty under 

7 conditions simulating war; or 

8 ‘‘(D) through an instrumentality of war.’’. 

9 (b) Section 1075(b) of title 10, United States Code, 

10 as added by subsection (a), shall take effect on the date 

11 of the enactment of this Act, and shall apply with respect 

12 to injuries or diseases incurred on or after that date. 

13 SEC. 315. (a) TRANSFER AUTHORITY.—Subject to 

14 subsection (b), the Secretary of Defense may transfer not 

15 more than $150,000,000 of the funds appropriated in this 

16 title to the contingency construction account, authorized 

17 under section 2804 of title 10, United States Code, to 

18 carry out military construction projects not otherwise au19 thorized by law. Funds so transferred shall be merged with 

20 and be available for the same purposes and the same time 

21 period as the appropriation to which transferred. The 

22 transfer authority under this section is in addition to any 

23 other transfer authority available to the Department of 

24 Defense. 
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1 (b) CONDITIONS ON TRANSFER.—A transfer of funds 

2 under subsection (a) may not be made until the end of 

3 the 7-day period beginning on the date the Secretary of 

4 Defense submits written notice to the appropriate commit5 tees of Congress certifying that the transfer is necessary 

6 to respond to, or protect against, acts or threatened acts 

7 of terrorism or to support Department of Defense oper8 ations in Iraq, and specifying the amounts and purposes 

9 of the transfer, including a list of proposed projects and 

10 their estimated costs. 

11 (c) NOTICE OF OBLIGATIONS.—Notwithstanding sec12 tion 2804(b) of title 10, United States Code, when a deci13 sion is made to carry out a military construction project 

14 using funds transferred to the contingency construction 

15 account under subsection (a), the Secretary of Defense 

16 shall submit written notice to the appropriate committees 

17 of Congress no later than 15 days after the obligation of 

18 the funds for the project, specifying the source of the 

19 transferred funds and the estimated cost of the project, 

20 including form 1391. 

21 (d) DEFINITIONS.—For purposes of this section, the 

22 terms ‘‘appropriate committees of Congress’’, ‘‘military 

23 construction’’, and ‘‘military installation’’ have the mean24 ings given such terms in section 2801 of title 10, United 

25 States Code, except that, with respect to military construc-
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1 tion in a foreign country, the term ‘‘military installation’’ 

2 includes not only buildings, structures, and other improve3 ments to real property under the operational control of 

4 the Secretary of a military department or the Secretary 

5 of Defense, but also any building, structure, or other im6 provement to real property to be used by the Armed 

7 Forces, regardless of whether such use is anticipated to 

8 be temporary or of longer duration; and further excepting 

9 that ‘‘appropriate committees of Congress’’ shall include 

10 the Subcommittees on Military Construction of the Com11 mittees on Appropriations of the Senate and House of 

12 Representatives.

13 TITLE II—INTERNATIONAL AFFAIRS 

14 CHAPTER 1

15 DEPARTMENT OF STATE 

16 ADMINISTRATION OF FOREIGN AFFAIRS

17 DIPLOMATIC AND CONSULAR PROGRAMS

18 (INCLUDING RESCISSION)

19 Of the funds provided under this heading in Public 

20 Law 108–11 (117 Stat. 561), $35,800,000 are rescinded. 

21 For an additional amount for ‘‘Diplomatic and Con22 sular Programs’’, $35,800,000, to remain available until 

23 September 30, 2005. 
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1 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

2 SERVICE

3 For an additional amount for ‘‘Emergencies in the 

4 Diplomatic and Consular Service’’, $90,500,000, to re5 main available until expended: Provided, That of the funds 

6 made available under this heading, $50,000,000 shall only 

7 be available for rewards: Provided further, That of the 

8 funds made available under this heading, $32,000,000 is 

9 for the reimbursement of the City of New York for costs 

10 associated with the protection of foreign missions and offi11 cials during the heightened state of alert following the 

12 September 11, 2001, terrorist attacks on the United 

13 States: Provided further, That of the funds made available 

14 under this heading, $8,500,000 is for costs associated with 

15 the 2003 Free Trade Area of the Americas Ministerial 

16 meeting: Provided further, That of the funds previously ap17 propriated under this heading, $2,000,000 is for rewards 

18 for an indictee of the Special Court for Sierra Leone: Pro19 vided further, That of prior year unobligated balances 

20 available under this heading, $8,451,000 shall be trans21 ferred to and merged with the appropriation for ‘‘Diplo22 matic and Consular Programs’’ and shall be available only 

23 for the Border Security Program: Provided further, That 

24 the entire amount shall be available only to the extent that 

25 an official budget request for $90,500,000, that includes 
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1 designation of the entire amount of the request as an 

2 emergency requirement as defined in House Concurrent 

3 Resolution 95, the concurrent resolution on the budget for 

4 fiscal year 2004, is transmitted by the President to the 

5 Congress.

6 CHAPTER 2

7 BILATERAL ECONOMIC ASSISTANCE 

8 FUNDS APPROPRIATED TO THE PRESIDENT 

9 UNITED STATES AGENCY FOR INTERNATIONAL

10 DEVELOPMENT

11 OPERATING EXPENSES OF THE UNITED STATES AGENCY

12 FOR INTERNATIONAL DEVELOPMENT

13 For an additional amount for ‘‘Operating Expenses 

14 of the United States Agency for International Develop15 ment’’, $40,000,000, to remain available until September 

16 30, 2005. 

17 CAPITAL INVESTMENT FUND

18 For an additional amount for ‘‘Capital Investment 

19 Fund’’, $60,500,000, to remain available until expended: 

20 Provided, That the entire amount shall be available only 

21 to the extent that an official budget request for 

22 $60,500,000, that includes designation of the entire 

23 amount of the request as an emergency requirement as 

24 defined in House Concurrent Resolution 98 (108th Con25 gress), the concurrent resolution on the budget for fiscal 
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1 year 2004, is transmitted by the President to the Con2 gress. 

3 OTHER BILATERAL ECONOMIC ASSISTANCE 

4 FUNDS APPROPRIATED TO THE PRESIDENT 

5 IRAQ RELIEF AND RECONSTRUCTION FUND

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses for security, rehabilitation 

8 and reconstruction in Iraq, $20,304,000,000, to remain 

9 available until expended, to be allocated as follows: 

10 $5,136,000,000 for security, including public safety re11 quirements, national security, and justice; $5,675,000,000 

12 for the electric sector; $2,100,000,000 for oil infrastruc13 ture; $3,710,000,000 for public works; $875,000,000 for 

14 water resources; $835,000,000 for transportation and 

15 telecommunications; $470,000,000 for housing and con16 struction; $850,000,000 for health; $353,000,000 for pri17 vate sector development; and $300,000,000 for refugees, 

18 human rights, democracy and civil society: Provided, That 

19 of the funds made available pursuant to the previous pro20 viso, not less than $100,000,000 shall be made available 

21 for democracy building activities in Iraq: Provided further,

22 That the Administrator of the United States Agency for 

23 International Development (USAID) shall seek to ensure 

24 that programs, projects, and activities administered by 

25 USAID in Iraq and Afghanistan comply fully with 
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1 USAID’s ‘‘Policy Paper: Disability’’ issued on September 

2 12, 1997: Provided further, That the Administrator shall 

3 submit a report to the Committees on Appropriations not 

4 later than December 31, 2004, describing the manner in 

5 which the needs of people with disabilities were met in the 

6 development and implementation of USAID programs, 

7 projects, and activities in Iraq and Afghanistan in fiscal 

8 year 2004: Provided further, That the Administrator, not 

9 later than 180 days after enactment of this Act and in 

10 consultation, as appropriate, with other appropriate de11 partments and agencies, the Architectural and Transpor12 tation Barriers Compliance Board, and nongovernmental 

13 organizations with expertise in the needs of people with 

14 disabilities, shall develop and implement appropriate 

15 standards for access for people with disabilities for con16 struction projects funded by USAID: Provided further,

17 That of the funds appropriated under this heading, assist18 ance shall be made available for Iraqi civilians who have 

19 suffered losses as a result of military operations: Provided 

20 further, That not later than 90 days after enactment of 

21 this Act the Secretary of State, in consultation with the 

22 Secretary of Defense, shall submit a report to the Commit23 tees on Appropriations describing the progress made to24 ward indicting and trying leaders of the former Iraqi re25 gime for war crimes, genocide, or crimes against human-
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1 ity: Provided further, That notwithstanding any provision 

2 of this chapter, none of the funds appropriated under this 

3 heading may be made available to enter into any contract 

4 or follow-on contract that uses other than full and open 

5 competitive contracting procedures as defined in 41 

6 U.S.C. 403(6): Provided further, That the President may 

7 waive the requirements of the previous proviso if he deter8 mines that it is necessary to do so as a result of unfore9 seen or emergency circumstances: Provided further, That 

10 the President may reallocate funds provided under this 

11 heading: Provided further, That these funds may be trans12 ferred to any Federal account for any Federal Government 

13 activity to accomplish the purposes provided herein: Pro14 vided further, That upon a determination that all or part 

15 of the funds so transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation: 

18 Provided further, That contributions of funds for the pur19 poses provided herein from any person, foreign govern20 ment, or international organization, may be credited to 

21 this Fund and used for such purposes: Provided further,

22 That funds appropriated under this heading or transferred 

23 or reallocated under provisions of this chapter or section 

24 632 of the Foreign Assistance Act of 1961 that are made 

25 available for assistance for Iraq shall be subject to notifi-
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1 cations of the Committees on Appropriations, except that 

2 the notifications shall be transmitted at least 5 days in 

3 advance of the obligation of funds: Provided further, That 

4 the Coalition Provisional Authority shall work, in conjunc5 tion with relevant Iraqi officials, to ensure that a new 

6 Iraqi constitution preserves full rights to religious freedom 

7 for all individuals, including a prohibition on laws that 

8 would criminalize blasphemy and apostasy: Provided fur9 ther, That not later than 90 days after enactment of this 

10 Act and every 90 days thereafter until the ratification of 

11 a new Iraqi constitution, the President shall report to the 

12 appropriate Committees of the Congress, on efforts by the 

13 Coalition Provisional Authority and relevant Iraqi officials 

14 to ensure that the Iraqi constitution preserves religious 

15 freedom. 

16 ECONOMIC SUPPORT FUND

17 For an additional amount for ‘‘Economic Support 

18 Fund’’, $422,000,000, to remain available until Sep19 tember 30, 2005, for accelerated assistance for Afghani20 stan: Provided, That these funds are available notwith21 standing section 660 of the Foreign Assistance Act of 

22 1961, and section 620(q) of that Act or any comparable 

23 provision of law: Provided further, That these funds may 

24 be used for activities related to disarmament, demobiliza25 tion, and reintegration of militia combatants, including 
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1 registration of such combatants, notwithstanding section 

2 531(e) of the Foreign Assistance Act of 1961: Provided 

3 further, That not to exceed $200,000,000 appropriated 

4 under this heading in the Foreign Operations, Export Fi5 nancing, and Related Programs Appropriations Act, 2004, 

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

7 the Congressional Budget Act of 1974, of modifying direct 

8 loans and guarantees for Pakistan: Provided further, That 

9 amounts that are made available under the previous pro10 viso for the cost of modifying direct loans and guarantees 

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

12 provisions of law limiting assistance to a country. 

13 UNITED STATES EMERGENCY FUND FOR COMPLEX

14 FOREIGN CRISES

15 For necessary expenses to enable the President to re16 spond to or prevent unforeseen complex foreign crises, 

17 $100,000,000, to remain available until expended: Pro18 vided, That funds appropriated under this heading may 

19 be made available only pursuant to a determination, after 

20 consultation with the Committees on Appropriations, by 

21 the President that it is in the national interest to furnish 

22 assistance on such terms and conditions as he may deter23 mine for such purposes, including support for peace and 

24 humanitarian intervention operations: Provided further,

25 That none of these funds shall be available to respond to 
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1 natural disasters: Provided further, That from these funds 

2 the President may make allocations to Federal agencies 

3 to carry out the authorities provided under this heading: 

4 Provided further, That funds appropriated under this 

5 heading shall be subject to the same conditions as those 

6 contained under the same heading in chapter 5 of title 

7 I of S. 762, as reported by the Committee on Appropria8 tions on April 1, 2003: Provided further, That the Presi9 dent may furnish assistance under this heading notwith10 standing any other provision of law: Provided further, That 

11 the provisions of section 553 of Division E of Public Law 

12 108–7, or any comparable provision of law enacted subse13 quent to the enactment of that Act, shall be applicable 

14 to funds appropriated under this heading: Provided fur15 ther, That funds appropriated under this heading shall be 

16 subject to the regular notification procedures of the Com17 mittees on Appropriations, except that notifications shall 

18 be transmitted at least 5 days in advance of the obliga19 tions of funds: Provided further, That the requirements of 

20 the previous proviso may be waived if failure to do so 

21 would pose a substantial risk to human health and welfare: 

22 Provided further, That in case of any such waiver, notifica23 tion to the Committees on Appropriations shall be pro24 vided as early as practicable, but in no event later than 

25 3 days after taking the action to which such notification 
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1 requirement was applicable, in the context of such cir2 cumstances necessitating such waiver: Provided further,

3 That any notification provided pursuant to such waiver 

4 shall contain an explanation of the emergency cir5 cumstances. 

6 DEPARTMENT OF STATE 

7 INTERNATIONAL NARCOTICS CONTROL AND LAW

8 ENFORCEMENT

9 For an additional amount for ‘‘International Nar10 cotics Control and Law Enforcement’’, $120,000,000, to 

11 remain available until September 30, 2004, for accelerated 

12 assistance for Afghanistan. 

13 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

14 RELATED PROGRAMS

15 For an additional amount for ‘‘Nonproliferation, 

16 Anti-Terrorism, Demining and Related Programs’’, 

17 $35,000,000, for accelerated assistance for Afghanistan. 

18 MILITARY ASSISTANCE 

19 FUNDS APPROPRIATED TO THE PRESIDENT 

20 FOREIGN MILITARY FINANCING PROGRAM

21 For an additional amount for the ‘‘Foreign Military 

22 Financing Program’’, $222,000,000, for accelerated as23 sistance for Afghanistan. 
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1 PEACEKEEPING OPERATIONS

2 For an additional amount for ‘‘Peacekeeping Oper3 ations’’, $50,000,000, to support the global war on ter4 rorism.

5 CHAPTER 3

6 GENERAL PROVISIONS, THIS TITLE 

7 SEC. 2301. In addition to transfer authority other8 wise provided in chapter 2 of this title, any appropriation 

9 made available in chapter 2 of this title may be transferred 

10 between such appropriations, to be available for the same 

11 purposes and the same time as the appropriation to which 

12 transferred: Provided, That the total amount transferred 

13 pursuant to this section shall not exceed $200,000,000: 

14 Provided further, That the Secretary of State shall consult 

15 with the Committees on Appropriations prior to exercising 

16 the authority contained in this section: Provided further,

17 That funds made available pursuant to the authority of 

18 this section shall be subject to the regular notification pro19 cedures of the Committees on Appropriations, except that 

20 notification shall be transmitted at least 5 days in advance 

21 of the obligation of funds. 

22 SEC. 2302. Assistance or other financing under chap23 ter 2 of this title may be provided for Iraq, notwith24 standing any other provision of law: Provided, That funds 

25 made available for Iraq pursuant to this authority shall 
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1 be subject to the regular reprogramming notification pro2 cedures of the Committees on Appropriations and section 

3 634A of the Foreign Assistance Act of 1961, except that 

4 notification shall be transmitted at least 5 days in advance 

5 of obligation: Provided further, That the notification re6 quirements of this section may be waived if failure to do 

7 so would pose a substantial risk to human health or wel8 fare: Provided further, That in case of any such waiver, 

9 notification to the appropriate congressional committees 

10 shall be provided as early as practicable, but in no event 

11 later than 3 days after taking the action to which such 

12 notification requirement was applicable, in the context of 

13 circumstances necessitating such waiver: Provided further,

14 That any notification provided pursuant to such a waiver 

15 shall contain an explanation of the emergency cir16 cumstances. 

17 SEC. 2303. Funds made available in chapter 2 of this 

18 title are made available notwithstanding section 10 of 

19 Public Law 91–672 and section 15 of the State Depart20 ment Basic Authorities Act of 1956, as amended. 

21 SEC. 2304. Section 1503 of Public Law 108–11 is 

22 amended by, in the last proviso, striking ‘‘2004’’ and in23 serting in lieu thereof ‘‘2005’’. 

24 SEC. 2305. Section 1504 of Public Law 108–11 is 

25 amended by—
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1 (1) in the first proviso, striking ‘‘Iraqi military 

2 or police force’’ and inserting in lieu thereof ‘‘Iraqi 

3 military, private security force, other official security 

4 forces, police force, or forces from other countries in 

5 Iraq supporting United States efforts in Iraq’’; and 

6 (2) in the last proviso, striking ‘‘2004’’ and in7 serting in lieu thereof ‘‘2005’’. 

8 SEC. 2306. Public Law 107–57 is amended—

9 (1) in section 1(b), by striking ‘‘2003’’ wherever 

10 appearing (including in the caption), and inserting 

11 in lieu thereof ‘‘2004’’; 

12 (2) in section 3(2), by striking ‘‘Foreign Oper13 ations, Export Financing, and Related Programs 

14 Appropriations Act, 2002, as is’’ and inserting in 

15 lieu thereof ‘‘annual foreign operations, export fi16 nancing, and related programs appropriations Acts 

17 for fiscal years 2002, 2003, and 2004, as are’’; and 

18 (3) in section 6, by striking ‘‘2003’’ and insert19 ing in lieu thereof ‘‘2004’’. 

20 SEC. 2307. Notwithstanding any other provision of 

21 law, the Overseas Private Investment Corporation is au22 thorized to undertake any program authorized by title IV 

23 of the Foreign Assistance Act of 1961 in Iraq. 

24 SEC. 2308. Funds appropriated by chapter 2 of this 

25 title under the headings ‘‘Economic Support Fund’’, 
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1 ‘‘International Narcotics Control and Law Enforcement’’, 

2 Peacekeeping Operations’’, and ‘‘Foreign Military Financ3 ing Program’’ shall be subject to the regular notification 

4 procedures of the Committees on Appropriations. 

5 SEC. 2309. (a) The Coalition Provisional Authority 

6 (CPA) shall, on a monthly basis, submit a report to the 

7 Committees on Appropriations which details, for the pre8 ceding month, Iraqi oil production and oil revenues, and 

9 uses of such revenues. 

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

11 be submitted not later than 30 days after enactment of 

12 this Act. 

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

14 made publicly available, including through the CPA’s 

15 Internet website. 

16 SEC. 2310. None of the funds made available by this 

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

18 11 may be made available to pay any costs associated with 

19 debts incurred by the former government of Saddam Hus20 sein. 

21 SEC. 2311. Title III of Public Law 107–327 is 

22 amended as follows by inserting the following new section: 

23 ‘‘SEC. 304. REPORTS. 

24 ‘‘The Secretary of State shall submit reports to the 

25 Committees on Foreign Relations and Appropriations of 
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1 the Senate, and the Committees on International Rela2 tions and Appropriations of the House of Representatives 

3 on progress made in accomplishing the ‘Purposes of As4 sistance’ set forth in section 102 of this Act utilizing as5 sistance provided by the United States for Afghanistan. 

6 The first report shall be submitted no later than December 

7 31, 2003, and subsequent reports shall be submitted in 

8 conjunction with reports required under section 303 of 

9 this title and thereafter through December 31, 2004.’’. 

10 SEC. 2312. (a) NEW OFFENSE.—

11 (1) IN GENERAL.—Chapter 47 of title 18, 5 

12 United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘SEC. 1037. WAR PROFITEERING AND FRAUD RELATING TO 

15 MILITARY ACTION, RELIEF, AND RECON16 STRUCTION EFFORTS IN IRAQ. 

17 ‘‘(a) Whoever, in any matter involving a contract or 

18 the provision of goods or services, directly or indirectly, 

19 in connection with the war, military action, or relief or 

20 reconstruction activities in Iraq, knowingly and willfully—

21 ‘‘(1) executes or attempts to execute a scheme 

22 or artifice to defraud the United States or Iraq; 

23 ‘‘(2) falsifies, conceals, or covers up by any 

24 trick, scheme or device a material fact; 
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1 ‘‘(3) makes any materially false, fictitious, or 

2 fraudulent statements or representations, or makes 

3 or uses any materially false writing or document 

4 knowing the same to contain any materially false, 

5 fictitious, or fraudulent statement or entry; or 

6 ‘‘(4) materially overvalues any good or service 

7 with the specific intent to excessively profit from the 

8 war, military action, or relief or reconstruction ac9 tivities in Iraq; 

10 ‘‘shall be fined not more than $1,000,000 or imprisoned 

11 not more than 20 years, or both. In lieu of a fine otherwise 

12 authorized by this section, a defendant who derives profits 

13 or other proceeds from an offense under this section may 

14 be fined not more than twice the gross profits or other 

15 proceeds. 

16 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is 

17 extraterritorial Federal jurisdiction over an offense under 

18 this section. 

19 ‘‘(c) VENUE.—A prosecution for an offense under 

20 this section may be brought—

21 ‘‘(1) as authorized by Chapter 211 of Title 18; 

22 ‘‘(2) in any district where any act in further23 ance of the offense took place; or 

24 ‘‘(3) in any district where any party to the con25 tract or provider of goods or services is located.’’. 
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1 (2) CHAPTER ANALYSIS.—The chapter analysis 

2 for chapter 47 of title 18, United States Code, is 

3 amended by inserting at the end the following:

‘‘1037. War profiteering and fraud relating to military action, relief, and reconstruction efforts in Iraq.’’

4 (b) FORFEITURE.—Section 981(a)(1)(C) of title 18, 

5 United States Code, is amended by inserting after 

6 ‘‘1032,’’ the following: ‘‘1037,’’. 

7 (c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

8 title 18, United States Code, is amended by inserting be9 fore ‘‘, section 1111’’ the following: ‘‘, section 1037 War 

10 Profiteering and Fraud Relating to Military Action, Re11 lief, and Reconstruction Efforts in Iraq)’’. 

12 (3) EXPIRATION OF AUTHORITIES.—The au13 thorities contained in this amendment shall expire 

14 upon the date that major combat operations in Iraq 

15 cease and desist, the Coalition Provisional Authority 

16 transfers responsibility for governing Iraq to an in17 digenous Iraqi government, and a U.S. mission to 

18 Iraq, under the direction and guidance of the Sec19 retary of State, is responsible for U.S. assistance ef20 forts in Iraq.

21 TITLE III—GENERAL PROVISION, THIS ACT 

22 SEC. 3001. The amounts provided in this Act are des23 ignated by the Congress as an emergency requirement 
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1 pursuant to section 502 of H. Con. Res. 95 (108th Con2 gress). 

3 This Act may be cited as the ‘‘Emergency Supple4 mental Appropriations for Iraq and Afghanistan Security 

5 and Reconstruction Act, 2004’’. 

Calendar No. 296

108TH CONGRESS 

1ST SESSION S. 1689

A BILL

Making emergency supplemental appropriations for 

Iraq and Afghanistan security and reconstruction for the fiscal year ending September 30, 2004, and for other purposes. 

SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2003

Read twice and placed on the calendar