OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement,
Air Force’’, $3,418,006,000, to remain available until
September 30, 2006: Provided, That the entire amount is
designated 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.
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
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-
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
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.
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).
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
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-
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
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.
ENHANCEMENTS
TO
EXEMPTION
FOR
MEMBERS
WITH
COMBAT-RELATED
INJURIES
FROM
REQUIREMENT
FOR
PAYMENT
OF
SUBSISTENCE
CHARGES
WHILE
HOSPITALIZED
SEC. 1112. (a) EXEMPTION MADE PERMANENT.—
Subsection (c) of section 1075 of title 10, United States
Code (as added by section 8146(a)(2) of the Department
of Defense Appropriations Act, 2004 (Public Law 108–
87)), is repealed.
(b) RETROACTIVITY.—Subsection (b) of section 8146
of the Department of Defense Appropriations Act, 2004
(Public Law 108–87), is amended to read as follows:
‘‘(b) EFFECTIVE DATE.—(1) Subsection (b)(2) of
section 1075 of title 10, United States Code, as added by
subsection (a), shall apply with respect to any period of
hospitalization on or after September 11, 2001, because
of an injury covered by that subsection that is incurred
on or after that date.
‘‘(2) The Secretary concerned (as defined in section
101 of title 37, United States Code) shall take such action
as necessary to implement paragraph (1), including—
‘‘(A) refunding any amount previously paid
under section 1075 of title 10, United States Code,
by a person who, by reason of paragraph (1), is not
required to make such payment; and
‘‘(B) waiving recovery of any unpaid amount
for which a person has previously been charged
under that section and which that person, by reason
of paragraph (1), is not required to pay.’’.
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.
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.
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.
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-
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.
(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.
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
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.
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-
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,
$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-
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
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.
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
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
modifying direct loans and guarantees for Pakistan: Pro-
vided further, That amounts that are made available under
the previous proviso 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 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.
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
regular notification procedures of the Committees on Ap-
propriations: 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 Con-
gress), the concurrent resolution on the budget for fiscal
year 2004.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT
For necessary expenses for ‘‘International Narcotics
Control and Law Enforcement’’, $170,000,000, to remain
available until December 31, 2004, 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.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS
For necessary expenses for ‘‘Nonproliferation, Anti-
Terrorism, 
Demining 
and 
Related 
Programs’’,
$35,000,000, for accelerated assistance for Afghanistan:
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.
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
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 under
section 303(c) of such Act (41 U.S.C. 253(c)),
the head of the executive agency entering into
the contract shall submit to the committees de-
scribed in subsection (b), not later than 7 cal-
endar days before award of the contract—
(i) notification of the use of such
other procedures; and
(ii) the justification for such use, in-
cluding the amount of the contract and a
brief description of its scope, a discussion
of how the executive agency identified and
solicited offers from contractors, a list of
the contractors solicited, and the justifica-
tion and approval documents (as required
under section 303(f)(1) of the Federal
Property and Administrative Services Act
of 1949 (41 U.S.C. 2534(f)(1)) on which
was based the determination to use proce-
dures other than competitive procedures.
(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
(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