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gress), the concurrent resolution on the budget for fiscal 
year 2004. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $418,635,000, to remain available until Sep-
tember 30, 2006: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2004.
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $34,000,000, to re-
main available until September 30, 2005: 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 concurrent resolution 
on the budget for fiscal year 2004. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $39,070,000, to
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remain available until September 30, 2005: 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 concurrent resolution 
on the budget for fiscal year 2004. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, 
Test 
and 
Evaluation, 
Defense-Wide’’, 
$195,817,000, to remain available until September 30, 
2005: 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. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital Funds’’, $600,000,000: 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 concurrent resolution on the budget 
for fiscal year 2004. 
NATIONAL DEFENSE SEALIFT FUND 
For an additional amount for ‘‘National Defense Sea-
lift Fund’’, $24,000,000, to remain available until ex-
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pended: 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 
concurrent resolution on the budget for fiscal year 2004. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $658,380,000 for Operation and maintenance: 
Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to sec-
tion 502 of H. Con. Res. 95 (108th Congress), the concur-
rent resolution on the budget for fiscal year 2004. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities, Defense’’, $73,000,000: Pro-
vided, That these funds may be used for such activities 
related to Afghanistan: Provided further, That the Sec-
retary of Defense may transfer the funds provided herein 
only to appropriations for military personnel; operation 
and maintenance; procurement; and research, develop-
ment, test and evaluation: Provided further, That the 
funds transferred shall be merged with and be available 
for the same purposes and for the same time period, as
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the appropriation to which transferred: Provided further, 
That the transfer authority provided in this paragraph is 
in addition to any other transfer authority available to the 
Department of Defense: 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. 
RELATED AGENCIES 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Intelligence Commu-
nity Management Account’’, $21,500,000, to remain avail-
able until September 30, 2005; of which $3,000,000 may 
be transferred to and merged with the Department of En-
ergy, ‘‘Other Defense Activities’’, and $15,500,000 may 
be transferred to and merged with the Federal Bureau of 
Investigation, ‘‘Salaries and Expenses’’: Provided, That all 
such amounts are 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.
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GENERAL PROVISIONS—THIS CHAPTER 
(TRANSFER OF FUNDS) 
SEC. 1101. Upon his determination that such action 
is necessary in the national interest, the Secretary of De-
fense may transfer between appropriations up to 
$3,000,000,000 of the funds made available to the De-
partment of Defense in this chapter: Provided, That the 
Secretary shall notify the Congress promptly of each 
transfer made pursuant to this authority: Provided further, 
That the transfer authority provided in this section is in 
addition to any other transfer authority available to the 
Department of Defense: Provided further, That the au-
thority in this section is subject to the same terms and 
conditions as the authority provided in section 8005 of the 
Department of Defense Appropriations Act, 2004, except 
for the fourth proviso: 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. 
SEC. 1102. Funds appropriated in this Act, or made 
available by the transfer of funds in or pursuant to this 
Act, for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414).
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SEC. 1103. Sections 1318 and 1319 of the Emer-
gency Wartime Supplemental Appropriations Act, 2003 
(Public Law 108–11; 117 Stat. 571), shall remain in ef-
fect during fiscal year 2004. 
SEC. 1104. From October 1, 2003, through Sep-
tember 30, 2004, (a) the rates of pay authorized by sec-
tion 310(a) of title 37, United States Code, shall be $225; 
and (b) the rates of pay authorized by section 427(a)(1) 
of title 37, United States Code, shall be $250. 
SEC. 1105. DEFENSE EMERGENCY RESPONSE FUND 
CLOSE-OUT AUTHORITY.—(a) Section 1313 of the Emer-
gency Wartime Supplemental Appropriations Act, 2003 
(Public Law 108–11; 117 Stat. 569), is amended by in-
serting ‘‘unobligated’’ before ‘‘balances’’. 
(b) Effective November 1, 2003, adjustments to obli-
gations that before such date would have been properly 
chargeable to the Defense Emergency Response Fund 
shall be charged to any current appropriations account of 
the Department of Defense available for the same purpose. 
SEC. 1106. During the current year, funds made 
available in this Act to the Department of Defense for op-
eration and maintenance may be used, notwithstanding 
any other provision of law, to provide supplies, services, 
transportation, including airlift and sealift, and other 
logistical support to coalition forces supporting military
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and stability operations in Iraq: Provided, That the Sec-
retary of Defense shall provide quarterly reports to the 
congressional defense committees regarding support pro-
vided under this section. 
SEC. 1107. Notwithstanding any other provision of 
law, from funds made available in this Act to the Depart-
ment of Defense under ‘‘Operation and Maintenance, De-
fense-Wide’’, not to exceed $100,000,000 may be used by 
the Secretary of Defense, with the concurrence of the Sec-
retary of State, to provide assistance only to the New Iraqi 
Army and the Afghan National Army to enhance their ca-
pability to combat terrorism and to support U.S. military 
operations in Iraq and Afghanistan: Provided, That such 
assistance may include the provision of equipment, sup-
plies, services, training and funding: Provided further, 
That the authority to provide assistance under this section 
is in addition to any other authority to provide assistance 
to foreign nations: Provided further, That the Secretary 
of Defense shall notify the congressional defense commit-
tees not less than 15 days before providing assistance 
under the authority of this section. 
SEC. 1108. None of the funds provided in this chap-
ter may be used to finance programs or activities denied 
by Congress in fiscal year 2004 appropriations to the De-
partment of Defense or to initiate a procurement or re-
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search, development, test and evaluation new start pro-
gram without prior notification to the congressional de-
fense committees. 
SEC. 1109. In addition to amounts made available 
elsewhere in this Act, there is hereby appropriated to the 
Department of Defense $413,300,000, to be used only for 
recovery and repair of damage due to natural disasters 
including Hurricane Isabel, to be distributed as follows: 
‘‘Operation 
and 
Maintenance, 
Army’’, 
$73,600,000; 
‘‘Operation 
and 
Maintenance, 
Navy’’, 
$126,400,000; 
‘‘Operation and Maintenance, Marine Corps’’, 
$9,200,000; 
‘‘Operation and Maintenance, Air Force’’, 
$201,900,000; and 
‘‘Other Procurement, Air Force’’, $2,200,000: 
Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to sec-
tion 502 of H. Con. Res. 95 (108th Congress), the concur-
rent resolution on the budget for fiscal year 2004. 
SEC. 1110. During the current fiscal year, from 
funds made available in this Act to the Department of De-
fense for operation and maintenance, not to exceed 
$180,000,000 may be used, notwithstanding any other
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provision of law, to fund the Commander’s Emergency Re-
sponse Program, established by the Administrator of the 
Coalition Provisional Authority for the purpose of enabling 
military commanders in Iraq to respond to urgent humani-
tarian relief and reconstruction requirements within their 
areas of responsibility by carrying out programs that will 
immediately assist the Iraqi people, and to establish and 
fund a similar program to assist the people of Afghani-
stan: Provided, That the Secretary of Defense shall pro-
vide quarterly reports, beginning on January 15, 2004, 
to the congressional defense committees regarding the 
source of funds and the allocation and use of funds made 
available pursuant to the authority provided in this sec-
tion. 
SEC. 1111. Not later than 30 days after the date of 
the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report 
describing an Analysis of Alternatives for replacing the ca-
pabilities of the existing Air Force fleet of KC–135 tanker 
aircraft.
HR 3289 RH 
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY 
UNITED STATES COAST GUARD 
OPERATING EXPENSES 
For an additional amount for ‘‘Operating Expenses’’, 
$23,183,000, for costs related to Hurricane Isabel dam-
age: 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.
CHAPTER 3
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION 
MILITARY CONSTRUCTION, ARMY 
For an additional amount for ‘‘Military Construction, 
Army’’, $185,100,000, to remain available until Sep-
tember 30, 2008: Provided, That notwithstanding any 
other provision of law, such funds may be obligated or ex-
pended to carry out planning and design and military con-
struction projects not otherwise authorized by law: Pro-
vided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to sec-
tion 502 of H. Con. Res. 95 (108th Congress), the concur-
rent resolution on the budget for fiscal year 2004.
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MILITARY CONSTRUCTION, NAVY 
For an additional amount for ‘‘Military Construction, 
Navy’’, $45,530,000, to remain available until September 
30, 2008: Provided, That notwithstanding any other provi-
sion of law, such funds may be obligated or expended to 
carry out military construction projects not otherwise au-
thorized by law: Provided further, 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. 
MILITARY CONSTRUCTION, AIR FORCE 
For an additional amount for ‘‘Military Construction, 
Air Force’’, $292,550,000, to remain available until Sep-
tember 30, 2008: Provided, That notwithstanding any 
other provision of law, such funds may be obligated or ex-
pended to carry out planning and design and military con-
struction projects not otherwise authorized by law: Pro-
vided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to sec-
tion 502 of H. Con. Res. 95 (108th Congress), the concur-
rent resolution on the budget for fiscal year 2004.
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FAMILY HOUSING OPERATION AND MAINTENANCE, 
ARMY 
For an additional amount for ‘‘Family Housing Oper-
ation and Maintenance, Army’’, $8,151,000: 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 concurrent resolution 
on the budget for fiscal year 2004. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
NAVY AND MARINE CORPS 
For an additional amount for ‘‘Family Housing Oper-
ation and Maintenance, Navy and Marine Corps’’, 
$6,280,000: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2004. 
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR 
FORCE 
For an additional amount for ‘‘Family Housing Oper-
ation and Maintenance, Air Force’’, $6,981,000: 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 concurrent resolution 
on the budget for fiscal year 2004.
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GENERAL PROVISION—THIS CHAPTER 
SEC. 1301. (a) TEMPORARY AUTHORITY TO USE OP-
ERATION AND MAINTENANCE FUNDS FOR MILITARY CON-
STRUCTION PROJECTS.—During fiscal year 2004, the Sec-
retary of Defense may use this section as authority to obli-
gate appropriated funds available for operation and main-
tenance to carry out a construction project outside the 
United States that the Secretary determines meets each 
of the following conditions: 
(1) The construction is necessary to meet ur-
gent military operational requirements of a tem-
porary nature involving the use of the Armed Forces 
in support of Operation Iraqi Freedom or the Global 
War on Terrorism. 
(2) The construction is not carried out at a 
military installation where the United States is rea-
sonably expected to have a long-term presence. 
(3) The United States has no intention of using 
the construction after the operational requirements 
have been satisfied. 
(4) The level of construction is the minimum 
necessary to meet the temporary operational require-
ments. 
(b) LIMITATION ON USE OF AUTHORITY.—The total 
cost of the construction projects carried out under the au-
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(d) RELATION TO OTHER AUTHORITIES.—The tem-
porary authority provided by this section, and the limited 
authority provided by section 2805(c) of title 10, United 
States Code, to use appropriated funds available for oper-
ation and maintenance to carry out a construction project 
are the only authorities available to the Secretary of De-
fense and the Secretaries of the military departments to 
use appropriated funds available for operation and mainte-
nance to carry out construction projects. 
(e) CONGRESSIONAL COMMITTEES.—The congres-
sional committees referred to in this section are the fol-
lowing: 
(1) The Committee on Armed Services and the 
Subcommittees on Defense and Military Construc-
tion of the Committee on Appropriations of the Sen-
ate. 
(2) The Committee on Armed Services and the 
Subcommittees on Defense and Military Construc-
tion of the Committee on Appropriations of the 
House of Representatives.
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TITLE II—IRAQ AND AFGHANISTAN RECON-
STRUCTION AND INTERNATIONAL ASSIST-
ANCE 
CHAPTER 1
DEPARTMENT OF JUSTICE 
LEGAL ACTIVITIES 
GENERAL LEGAL ACTIVITIES 
For necessary expenses for ‘‘Salaries and Expenses, 
General Legal Activities’’, $15,000,000: 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 concurrent resolution 
on the budget for fiscal year 2004. 
DEPARTMENT OF STATE AND RELATED AGENCY 
DEPARTMENT OF STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
DIPLOMATIC AND CONSULAR PROGRAMS 
(INCLUDING RESCISSION) 
For necessary expenses for ‘‘Diplomatic and Consular 
Programs’’, $156,300,000, of which $35,800,000 shall re-
main available until expended. Of the funds appropriated 
under this heading in the Emergency Wartime Supple-
mental Appropriations Act, 2003, $35,800,000 are re-
scinded. All such amounts are designated by the Congress 
as an emergency requirement pursuant to section 502 of
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H. Con. Res. 95 (108th Congress), the concurrent resolu-
tion on the budget for fiscal year 2004. 
EMBASSY SECURITY, CONSTRUCTION, AND 
MAINTENANCE 
For necessary expenses for ‘‘Embassy Security, Con-
struction, and Maintenance’’, $43,900,000, to remain 
available until expended: 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.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR 
SERVICE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for ‘‘Emergencies in the Dip-
lomatic and Consular Service’’, $50,000,000, to remain 
available until expended, which may be transferred to, and 
merged with, the appropriations for ‘‘Diplomatic and Con-
sular Programs’’: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2004.
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INTERNATIONAL ORGANIZATIONS 
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING 
ACTIVITIES 
For necessary expenses for ‘‘Contributions for Inter-
national Peacekeeping Activities’’, $245,000,000, to re-
main available until expended: 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 concurrent resolution on the budget 
for fiscal year 2004. 
RELATED AGENCY 
BROADCASTING BOARD OF GOVERNORS 
INTERNATIONAL BROADCASTING OPERATIONS 
For necessary expenses for ‘‘International Broad-
casting Operations’’, for activities related to the Middle 
East 
Television 
Network 
broadcasting 
to 
Iraq, 
$40,000,000: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2004. 
GENERAL PROVISION—THIS CHAPTER 
SEC. 2101. Funds appropriated under this chapter 
for the Broadcasting Board of Governors and the Depart-
ment of State may be obligated and expended notwith-
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standing section 313 of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1994 and 1995, and section 15 of 
the State Department Basic Authorities Act of 1956, as 
amended. 
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT 
OPERATING EXPENSES OF THE UNITED STATES AGENCY 
FOR INTERNATIONAL DEVELOPMENT 
For necessary expenses for ‘‘Operating Expenses of 
the United States Agency for International Development’’, 
$40,000,000, for direct support of operations in Afghani-
stan, to remain available until September 30, 2005: Pro-
vided, That the entire amount is designated by the Con-
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. 
OTHER BILATERAL ECONOMIC ASSISTANCE 
IRAQ RELIEF AND RECONSTRUCTION FUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the purposes of 
the Foreign Assistance Act of 1961, for security, relief, 
rehabilitation 
and 
reconstruction 
in 
Iraq,