HR 3289 PP 
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-
HR 3289 PP 
thority of this section using, in whole or in part, appro-
priated funds available for operation and maintenance 
shall not exceed $500,000,000 in fiscal year 2004. 
(c) QUARTERLY REPORT.—(1) Not later than 30 
days after the end of each fiscal-year quarter of fiscal year 
2004, the Secretary of Defense shall submit to the con-
gressional committees specified in subsection (e) a report 
on the worldwide obligation and expenditure during that 
quarter of appropriated funds available for operation and 
maintenance for construction projects. 
(2) The report shall include with regard to each 
project the following: 
(A) Certification that the conditions specified in 
subsection (a) are satisfied with regard to the con-
struction project. 
(B) A description of the purpose for which ap-
propriated funds available for operation and mainte-
nance are being obligated. 
(C) Relevant documentation detailing the con-
struction project. 
(D) An estimate of the total cost of the con-
struction project. 
(E) The total amount obligated for the con-
struction project as of the date of the submission of 
the report.
HR 3289 PP 
(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.
HR 3289 PP 
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-
HR 3289 PP 
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,
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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-
HR 3289 PP 
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
HR 3289 PP 
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.
HR 3289 PP 
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
HR 3289 PP 
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 $60,000,000 shall be available for as-
sistance to Afghan women and girls as authorized by sec-
tion 103(a)(7) of the Afghanistan Freedom Support Act 
of 2002 (Public Law 107–327) and $5,000,000 shall be 
available for the National Human Rights Commission of 
Afghanistan as authorized by section 103(a)(7)(B)(ii) of 
such
Act:
Provided
further,
That
not
less
than 
$17,250,000 is available only for security requirements 
that directly support United States and Coalition per-
sonnel who are implementing assistance programs in Af-
ghanistan, including the provision of adequate dedicated 
air transport and support for civilian personnel at provin-
cial reconstruction team sites: Provided further, That upon 
the receipt by the Speaker of the House of Representatives 
and the President of the Senate of a determination by the 
President that the Government of Pakistan is fully cooper-
ating with the United States in the global war on ter-
rorism, not to exceed $200,000,000 appropriated under 
this heading may be used for the costs, as defined in sec-
tion 502 of the Congressional Budget Act of 1974, of