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$18,649,000,000, to remain available until September 30, 
2005, to be allocated as follows: $3,243,000,000 for secu-
rity and law enforcement; $1,318,000,000 for justice, pub-
lic safety infrastructure, and civil society; $5,560,000,000 
for the electric sector; $2,100,000,000 for oil infrastruc-
ture; $4,332,000,000 for water resources and sanitation; 
$500,000,000 for transportation and telecommunications; 
$370,000,000 for roads, bridges, and construction; 
$793,000,000 for health care; $153,000,000 for private 
sector development; and $280,000,000 for education, refu-
gees, human rights, democracy, and governance: Provided, 
That the President may reallocate up to 10 percent of any 
of the preceding allocations, except that the total for the 
allocation receiving such funds may not be increased by 
more than 20 percent: Provided further, That such re-
allocations shall be subject to the regular notification pro-
cedures of the Committees on Appropriations and section 
634A of the Foreign Assistance Act of 1961 and notifica-
tions shall be transmitted at least 15 days in advance of 
the obligation of funds: Provided further, That an annual 
spending plan for reconstruction programs under the pre-
ceding allocations, including project-by-project detail, shall 
be submitted by the President to the Committees on Ap-
propriations not later than January 1, 2004, and shall be 
updated and submitted every 180 days thereafter: Pro-
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vided further, That funds appropriated under this heading 
shall be apportioned only to the Coalition Provisional Au-
thority in Iraq, the Department of State, the Department 
of Health and Human Services, the Department of Treas-
ury, the Department of Defense, and the United States 
Agency for International Development: Provided further, 
That upon a determination that all or part of the funds 
so transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, 
That of the amount appropriated in this paragraph, not 
less than $35,000,000 shall be made available for adminis-
trative expenses of the Department of State Bureau of 
International Narcotics and Law Enforcement Affairs and 
the United States Agency for International Development 
for support of the reconstruction activities in Iraq: Pro-
vided further, That up to 1 percent of the amount appro-
priated in this paragraph may be transferred to ‘‘Oper-
ating Expenses of the Coalition Provisional Authority’’, 
and that any such transfer shall be in accordance with 
the regular notification procedures of the Committees on 
Appropriations and section 634A of the Foreign Assist-
ance Act of 1961: Provided further, That contributions of 
funds for the purposes provided herein from any person, 
foreign government, or international organization, may be
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credited to this Fund and used for such purposes: Pro-
vided further, That the Committees on Appropriations 
shall be notified quarterly of any collections pursuant to 
the previous proviso: Provided further, That the Coalition 
Provisional Authority shall work, in conjunction with rel-
evant Iraqi officials, to ensure that a new Iraqi constitu-
tion preserves full rights to religious freedom: Provided 
further, That, notwithstanding any other provision of law, 
10 percent of the total amount of funds apportioned to 
the United States Agency for International Development 
under this heading that are made available on a sub-
contract basis shall be reserved for contracts with small 
business concerns, including small business concerns 
owned and controlled by veterans, small business concerns 
owned and controlled by service-disabled veterans, 
HUBZone small business concerns, small business con-
cerns owned and controlled by socially and economically 
disadvantaged individuals, and small business concerns 
owned and controlled by women (as such terms are defined 
for purposes of the Small Business Act): Provided further, 
That the entire amount is designated by the Congress as 
an emergency requirement pursuant to section 502 of H. 
Con. Res. 95 (108th Congress), the concurrent resolution 
on the budget for fiscal year 2004.
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OPERATING EXPENSES OF THE COALITION PROVISIONAL 
AUTHORITY 
For necessary expenses of the Coalition Provisional 
Authority in Iraq, established pursuant to United Nations 
Security Council resolutions including Resolution 1483, 
for personnel costs, transportation, supply, equipment, fa-
cilities, communications, logistics requirements, studies, 
physical security, media support, promulgation and en-
forcement of regulations, and other activities needed to 
oversee and manage the relief and reconstruction of Iraq 
and the transition to democracy, $858,000,000, to remain 
available until September 30, 2005: Provided, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 502 of H. Con. 
Res. 95 (108th Congress), the concurrent resolution on 
the budget for fiscal year 2004. 
ECONOMIC SUPPORT FUND 
For necessary expenses for ‘‘Economic Support 
Fund’’, $872,000,000, to remain available until December 
31, 2004: Provided, That not less than $672,000,000 is 
available only for accelerated assistance for Afghanistan: 
Provided further, That not to exceed $30,000,000 may be 
used for activities related to disarmament, demobilization, 
and reintegration of militia combatants, including reg-
istration of such combatants, notwithstanding section
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531(e) of the Foreign Assistance Act of 1961: Provided 
further, That not to exceed $2,000,000 may be used to 
provide additional policy experts in Afghan ministries and 
that not more than five senior advisors to the United 
States Ambassador may be deployed in Afghanistan: Pro-
vided further, That not less than $17,250,000 is available 
only for security requirements that directly support 
United States and Coalition personnel who are imple-
menting assistance programs in Afghanistan, including 
the provision of adequate dedicated air transport and sup-
port for civilian personnel at provincial reconstruction 
team sites: Provided further, That upon the receipt by the 
Speaker of the House of Representatives and the Presi-
dent of the Senate of a determination by the President 
that the Government of Pakistan is fully cooperating with 
the United States in the global war on terrorism, not to 
exceed $200,000,000 appropriated under this heading 
may be used for the costs, as defined in section 502 of 
the Congressional Budget Act of 1974, of modifying direct 
loans and guarantees for Pakistan: Provided further, That 
amounts that are made available under the previous pro-
viso for the cost of modifying direct loans and guarantees 
shall not be considered ‘‘assistance’’ for the purposes of 
provisions of law limiting assistance to a country: Provided 
further, That the entire amount is designated by the Con-
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gress as an emergency requirement pursuant to section 
502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004. 
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses for International Disaster 
and Famine Assistance utilizing the general authorities of 
section 491 of the Foreign Assistance Act of 1961, to re-
spond to or prevent unforeseen complex foreign crises, es-
pecially in Sudan and Liberia, $100,000,000, and by 
transfer not to exceed 1 percent of the funds appropriated 
under any other heading in this chapter, to remain avail-
able to the Secretary of State until September 30, 2005: 
Provided, That funds appropriated under this heading 
may be made available only pursuant to a determination 
by the President, after consultation with the appropriate 
congressional committees, that it is in the national interest 
and essential to efforts to reduce international terrorism 
to furnish assistance on such terms and conditions as he 
may determine for such purposes, including support for 
peace and humanitarian intervention operations: Provided 
further, That none of these funds shall be available to re-
spond to natural disasters: Provided further, That funds 
made available under this heading to respond to or prevent 
unforeseen complex foreign crises shall be subject to the
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tion 502 of H. Con. Res. 95 (108th Congress), the concur-
rent resolution on the budget for fiscal year 2004. 
MILITARY ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
FOREIGN MILITARY FINANCING PROGRAM 
For necessary expenses for the ‘‘Foreign Military Fi-
nancing Program’’, $297,000,000, for accelerated assist-
ance for Afghanistan: Provided, That the entire amount 
is designated by the Congress as an emergency require-
ment pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fis-
cal year 2004. 
PEACEKEEPING OPERATIONS 
For necessary expenses for ‘‘Peacekeeping Oper-
ations’’, $50,000,000, to support the global war on ter-
rorism: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the con-
current resolution on the budget for fiscal year 2004. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 2201. None of the funds appropriated by this 
Act or any unexpended funds provided in Public Law 108–
11 may be used to repay, in whole or in part, principal 
or interest on any loan or guarantee agreement entered 
into by the Government of Iraq with any private or public
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sector entity including with the government of any country 
(including any agency of such government or any entity 
owned in whole or in part by the government of such coun-
try) or with any international financial institution, prior 
to May 1, 2003: Provided, That for the purpose of this 
section, the term ‘‘international financial institution’’ shall 
mean those institutions contained in section 530(b) of di-
vision E of Public Law 108–7. 
SEC. 2202. Notwithstanding any other provision of 
law, none of the funds appropriated by this Act under the 
heading ‘‘Iraq Relief and Reconstruction Fund’’ and made 
available under the same heading in Public Law 108–11 
may be used to enter into any Federal contract (including 
any follow-on contract) unless—
(1) the contract is entered into in accordance 
with title III of the Federal Property and Adminis-
trative Services Act (41 U.S.C. 251 et seq.); and 
(2) in any case in which procedures other than 
competitive procedures are to be used to enter into 
such a contract—
(A) if such procedures are to be used by 
reason of the application of a paragraph (other 
than paragraph (2)) under section 303(c) of 
such Act (41 U.S.C. 253(c)), the head of the 
executive agency entering into the contract shall
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submit to the committees described in sub-
section (b), not later than 7 calendar days be-
fore award of the contract—
(i) notification of the use of such 
other procedures; and 
(ii) the justification for such use; and 
(B) if such procedures are to be used by 
reason of the application of paragraph (2) of 
section 303(c) of such Act (41 U.S.C. 
253(c)(2)), the head of the executive agency en-
tering into the contract shall submit to the 
committees described in subsection (b), not 
later than 7 calendar days after approval of the 
justification for the use of such other proce-
dures under section 303(f)(1)(B) of the Federal 
Property and Administrative Services Act of 
1949 (41 U.S.C. 253(f)(1)(B))—
(i) notification of the use of such 
other procedures; and 
(ii) the justification for such use. 
(b) COMMITTEES.—The committees referred to in 
subsection (a)(2) are—
(1) the Committees on Government Reform, on 
International Relations, and on Appropriations of 
the House of Representatives; and
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(2) the Committees on Governmental Affairs, 
on Foreign Relations, and on Appropriations of the 
Senate. 
(c) APPLICABILITY.—This section shall not apply to 
contracts entered into before the date of the enactment 
of this Act or after September 30, 2010. 
SEC. 2203. PUBLIC DISCLOSURE OF NONCOMPETITIVE CON-
TRACTING FOR THE RECONSTRUCTION OF 
INFRASTRUCTURE IN IRAQ. 
(a) DISCLOSURE REQUIRED.—
(1) PUBLICATION AND PUBLIC AVAILABILITY.—
The head of an executive agency of the United 
States that enters into a contract for assistance for 
Iraq, using funds described in paragraph (3), 
through the use of procedures other than competitive 
procedures shall publish in the Federal Register or 
Commerce Business Daily and otherwise make avail-
able to the public, not later than 7 days before the 
date on which the contract is entered into, except in 
the case of urgent and compelling contracts issued 
pursuant to paragraph (2) of section 303(c) of the 
Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 253(c)(2)), the following informa-
tion: 
(A) The amount of the contract.
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(B) A brief description of the scope of the 
contract. 
(C) A discussion of how the executive 
agency identified, and solicited offers from, po-
tential contractors to perform the contract, to-
gether with a list of the potential contractors 
that were issued solicitations for the offers. 
(D) The justification and approval docu-
ments (as required under section 303(f)(1) of 
the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253(f)(1)) on 
which was based the determination to use pro-
cedures other than competitive procedures. 
(2) FUNDS.—The funds referred to in para-
graph (1) are—
(A) any funds available to carry out sec-
tions 103 through 106 and chapter 4 of part II 
of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151b–2151d; 2346 et seq.); and 
(B) any funds appropriated by Public Law 
108–11 under the heading ‘‘Iraq Relief and Re-
construction Fund’’ (in chapter 5 of title I; 117 
Stat. 573).
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(3) APPLICABILITY.—Paragraph (1) shall not 
apply to contracts entered into before the date of the 
enactment of this Act or after September 30, 2010. 
(b) CLASSIFIED INFORMATION.—
(1) AUTHORITY TO WITHHOLD.—The head of 
an executive agency may—
(A) withhold from publication and disclo-
sure under subsection (a) any document that is 
classified for restricted access in accordance 
with a Executive order in the interest of na-
tional defense or foreign policy; and 
(B) redact any part so classified that is in 
a document not so classified before publication 
and disclosure of the document under sub-
section (a). 
(2) AVAILABILITY TO CONGRESS.—In any case 
in which the head of an executive agency withholds 
information under paragraph (1), the head of such 
executive agency shall make available an unredacted 
version of the document containing that information 
to the chairman and ranking member of each of the 
following committees of Congress: 
(A) The Committee on Governmental Af-
fairs of the Senate and the Committee on Gov-
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ernment Reform of the House of Representa-
tives. 
(B) The Committees on Appropriations of 
the Senate and House of Representatives. 
(C) Each committee that the head of the 
executive agency determines has legislative ju-
risdiction for the operations of such department 
or agency to which the information related. 
(c) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—
Nothing in this section shall be construed as affecting obli-
gations to disclose United States Government information 
under any other provision of law. 
(d) DEFINITIONS.—In this section, the terms ‘‘com-
petitive procedures’’ and ‘‘executive agency’’ have the 
meanings given such terms in section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403).
SEC. 2204. Section 1503 of Public Law 108–11 is 
amended—
(1) by striking ‘‘equipment’’ and inserting in 
lieu thereof ‘‘equipment, including equipment’’; and 
(2) by striking ‘‘2004’’ and inserting in lieu 
thereof ‘‘2005’’. 
SEC. 2205. Section 1504 of Public Law 108–11 is 
amended by striking ‘‘controlled’’ and inserting ‘‘or small 
arms controlled’’.
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SEC. 2206. Section 202(b) of the Afghanistan Free-
dom Support Act of 2002 (Public Law 107–327) is 
amended by striking ‘‘$300,000,000’’ and inserting in lieu 
thereof ‘‘$450,000,000’’. 
SEC. 2207. (a) Until January 2005, the Coalition 
Provisional Authority (CPA) shall, on a monthly basis, 
submit a report to the Committees on Appropriations and 
International Relations of the House of Representatives 
and the Committees on Appropriations and Foreign Rela-
tions of the Senate that details, for the preceding month, 
Iraqi oil production and oil revenues, and uses of such rev-
enues. 
(b) The first report required by subsection (a) shall 
be submitted not later than 30 days after enactment of 
this Act. 
(c) The reports required by this section shall also be 
made publicly available, including through the CPA’s 
Internet website. 
SEC. 2208. Any reference in this chapter to the ‘‘Coa-
lition Provisional Authority in Iraq’’ shall be deemed to 
include any successor United States Government entity 
with the same or substantially the same authorities and 
responsibilities as the Coalition Provisional Authority in 
Iraq.
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SEC. 2209. Assistance or other financing under chap-
ter 2 of this title may be provided for Iraq and Afghani-
stan notwithstanding any other provision of law not con-
tained in this Act that restricts assistance to foreign coun-
tries and section 660 of the Foreign Assistance Act of 
1961: Provided, That funds made available for Iraq pursu-
ant to this section shall be subject to the regular re-
programming notification procedures of the Committees 
on Appropriations and section 634A of the Foreign Assist-
ance Act of 1961, except that notification shall be trans-
mitted at least 5 days in advance of obligation. 
SEC. 2210. Funds made available in chapter 2 of this 
title are made available notwithstanding section 10 of 
Public Law 91–672 and section 15 of the State Depart-
ment Basic Authorities Act of 1956, as amended. 
SEC. 2211. Notwithstanding any other provision of 
law, the Overseas Private Investment Corporation is au-
thorized to undertake any program authorized by title IV 
of the Foreign Assistance Act of 1961 in Iraq: Provided, 
That funds made available pursuant to the authority of 
this section shall be subject to the regular reprogramming 
notification procedures of the Committees on Appropria-
tions.
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REPORT ON MILITARY OPERATIONS AND 
RECONSTRUCTION EFFORTS IN IRAQ AND AFGHANISTAN 
SEC. 2212. (a) REPORT.—The President shall pre-
pare and transmit to Congress on a quarterly basis a re-
port on United States military operations and reconstruc-
tion efforts in Iraq and Afghanistan. 
(b) CONTENTS.—The report shall, at a minimum, 
contain the following information: 
(1) A full accounting of amounts appropriated 
under this Act or any other Act that were expended 
during the preceding quarter for military operations 
and reconstruction efforts in Iraq and Afghanistan. 
(2) A description of progress made in recon-
struction efforts in Iraq and Afghanistan, particu-
larly efforts relating to public safety, defense and 
law enforcement, energy infrastructure, water, 
sewer, roads, and other public works, transportation 
and telecommunications infrastructure, medical and 
hospital services, and private sector development. 
(3) A description of progress made to reduce 
attacks against members of the United States 
Armed Forces in Iraq and Afghanistan. 
(4) An analysis of the impact that military op-
erations in Iraq and Afghanistan have had on overall 
readiness of the Armed Forces.
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(5) An analysis of the impact that the extended 
deployment of members of the Armed Forces in con-
nection with Operation Iraqi Freedom and Operation 
Enduring Freedom is having on recruiting and re-
tention efforts in the active and reserve components. 
(6) An estimate of the cost of repairing or re-
placing the combat vehicles, aircraft, and other 
equipment damaged or destroyed by combat, by pro-
longed use in Iraq and Afghanistan, or by exposure 
to the extreme climatic and terrain conditions in 
Iraq and Afghanistan. 
(7) A description of progress made toward hold-
ing of free and fair elections in Iraq. 
(8) A description of the extent of international 
participation in the stabilization and reconstruction 
of Iraq and the amount of financial assistance that 
the United States has secured from the international 
community during the preceding quarter. 
(9) The number of members of the Armed 
Forces deployed in connection with Operation Iraqi 
Freedom and Operation Enduring Freedom. 
SEC. 2213. (a) REVIEW OF CONTRACTING PROCE-
DURES.—The Comptroller General shall review each cov-
ered contract and task or delivery order entered into dur-
ing a review period to determine whether the procedures
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used to enter into the contracts and orders were in compli-
ance with the requirements of this Act and other applica-
ble laws and regulations. 
(b) REPORT.—At the end of each review period, the 
Comptroller General shall submit to Congress a report on 
the results of the review. 
(c) REVIEW PERIOD.—A review under subsection (a) 
shall be carried each quarter of a fiscal year, beginning 
with the first quarter beginning after the date of the en-
actment of this Act. 
(d) COVERED CONTRACTS AND ORDERS.—This sec-
tion applies to any contract or task or delivery order en-
tered into using funds appropriated by this Act for foreign 
assistance if—
(1) in the case of a contract, the contract is in 
an amount in excess of the simplified acquisition 
threshold (as defined in section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403), 
and 
(2) in the case of a task or delivery order, the 
order is in an amount in excess of $1,000,000.
TITLE III—GENERAL PROVISIONS—THIS ACT 
SEC. 3001. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
the current fiscal year unless expressly so provided herein.
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SEC. 3002. None of the funds made available in this 
or any other Act for fiscal year 2004 may be used for 
any defense or reconstruction activities in Iraq or Afghani-
stan coordinated by any officer of the United States Gov-
ernment whose office is not subject to appointment by the 
President by and with the advice and consent of the Sen-
ate. 
SEC. 3003. For purposes of computing the amount 
of a payment for an eligible local educational agency under 
section 8003(a) of the Elementary and Secondary Edu-
cation Act (20 U.S.C. 7703(a)), children enrolled in a 
school of such agency that would otherwise be eligible for 
payment under section 8003(a)(1)(B) of such Act, but due 
to the deployment of both parents or legal guardians, or 
due to the death of a military parent or legal guardian 
while on active duty, are no longer eligible under such sec-
tion, shall be considered as eligible students under such 
section, provided such students remain in average daily 
attendance at the same school that they attended prior 
to their change in eligibility status. 
SEC. 3004. None of the funds made available by this 
Act may be provided to any unit of the security forces 
of a foreign country participating with coalition forces in 
Afghanistan or Iraq if the Secretary of State or the Sec-
retary Defense has credible evidence that such unit has
HR 3289 RH 
committed gross violations of human rights, unless the ap-
propriate Secretary determines and reports to the Com-
mittees on Appropriations that the government of such 
country is taking effective measures to bring the respon-
sible members of the security forces unit to justice: Pro-
vided, That nothing in this section shall be construed to 
withhold funds made available by this Act from any unit 
of the security forces of a foreign country not credibly al-
leged to be involved in gross violations of human rights: 
Provided further, That in the event that funds are withheld 
from any unit pursuant to this section, the appropriate 
Secretary shall promptly inform the foreign government 
of the basis for such action and shall, to the maximum 
extent practicable, assist the foreign government in taking 
effective measures to bring the responsible members of the 
security forces to justice. 
SEC. 3005. None of the funds in this Act, or any 
other appropriations Act, may be used to execute the Lat-
eral Repatriation Program, or any other program under 
which citizens or nationals of Mexico are removed by land 
from the United States by returning them to a location 
other than the United States port of entry closest to the 
location where they were apprehended or last imprisoned, 
or, in the case of an alien who is removed upon being ac-
quitted of a criminal charge, the port of entry closest to
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the courthouse where the acquittal occurs. If the Secretary 
of Homeland Security determines that compliance with the 
preceding sentence is not feasible, the Secretary shall no-
tify the Committees on the Judiciary and on Appropria-
tions of the House of Representatives and of the Senate. 
SEC. 3006. None of the funds in this Act, or any 
other appropriations Act, may be used for the issuance 
of Form I–20A by the San Antonio Office of Detention 
and Removal of the Bureau of Immigration and Customs 
Enforcement and the Border Patrol sectors served by said 
office. 
This Act may be cited as the ‘‘Emergency Supple-
mental Appropriations Act for Defense and for the Recon-
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