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with the protection of foreign missions and officials during
the heightened state of alert following the September 11,
2001, terrorist attacks on the United States: Provided fur-
ther, That of the funds made available under this heading,
$8,500,000 is for costs associated with the 2003 Free Trade
Area of the Americas Ministerial meeting: Provided further,
That of the funds previously appropriated under this head-
ing, $2,000,000 is for rewards for an indictee of the Special
Court for Sierra Leone: Provided further, That of prior year
unobligated 
balances 
available 
under 
this 
heading,
$8,451,000 shall be transferred to and merged with the ap-
propriation for ‘‘Diplomatic and Consular Programs’’ and
shall be available only for the Border Security Program:
Provided further, That the entire amount shall be available
only to the extent that an official budget request for
$90,500,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in
House Concurrent Resolution 95, the concurrent resolution
on the budget for fiscal year 2004, is transmitted by the
President to the Congress.
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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 an additional amount for ‘‘Operating Expenses of
the United States Agency for International Development’’,
$40,000,000, of which not less than $4,000,000 shall be
transferred to and merged with ‘‘Operating Expenses of the
United States Agency for International Development Office
of Inspector General’’ for financial and performance audits
of the Iraq Relief and Reconstruction Fund and other as-
sistance to Iraq, to remain available until September 30,
2005.
CAPITAL INVESTMENT FUND
For an additional amount for ‘‘Capital Investment
Fund’’, $60,500,000, to remain available until expended:
Provided, That the entire amount shall be available only
to the extent that an official budget request for $60,500,000,
that includes designation of the entire amount of the request
as an emergency requirement as defined in House Concur-
rent Resolution 98 (108th Congress), the concurrent resolu-
tion on the budget for fiscal year 2004, is transmitted by
the President to the Congress.
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OTHER BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
IRAQ RELIEF AND RECONSTRUCTION FUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for security, rehabilitation and
reconstruction in Iraq, $18,449,000,000, to remain avail-
able 
until 
expended, 
to 
be 
allocated 
as 
follows:
$3,243,000,000 
for 
security 
and 
law 
enforcement;
$1,318,000,000 for justice, public safety infrastructure, and
civil society; $5,560,000,000 for the electric sector;
$1,900,000,000 for oil infrastructure; $4,332,000,000 for
water resources and sanitation; $500,000,000 for transpor-
tation 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, refugees, human rights, democ-
racy, and governance: Provided, That of the funds made
available pursuant to the previous proviso, not less than
$100,000,000 shall be made available for democracy build-
ing activities in Iraq: Provided further, That none of the
funds appropriated under this heading may be allocated for
any capital project, including construction of a prison, hos-
pital, housing community, railroad, or government build-
ing, until the Coalition Provisional Authority submits a re-
port to the Committees on Appropriations describing in de-
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tail the estimated costs (including the costs of consultants,
design, materials, shipping, and labor) on which the request
for funds for such project is based: Provided further, That
in order to control costs, to the maximum extent practicable
Iraqis with the necessary qualifications should be consulted
and utilized in the design and implementation of programs,
projects, and activities funded under this heading: Provided
further, That the Administrator of the United States Agency
for International Development (USAID) shall seek to ensure
that programs, projects, and activities administered by
USAID in Iraq and Afghanistan comply fully with
USAID’s ‘‘Policy Paper: Disability’’ issued on September
12, 1997: Provided further, That the Administrator shall
submit a report to the Committees on Appropriations not
later than December 31, 2004, describing the manner in
which the needs of people with disabilities were met in the
development and implementation of USAID programs,
projects, and activities in Iraq and Afghanistan in fiscal
year 2004: Provided further, That the Administrator, not
later than 180 days after enactment of this Act and in con-
sultation, as appropriate, with other appropriate depart-
ments and agencies, the Architectural and Transportation
Barriers Compliance Board, and nongovernmental organi-
zations with expertise in the needs of people with disabil-
ities, shall develop and implement appropriate standards
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for access for people with disabilities for construction
projects funded by USAID: Provided further, That of the
funds appropriated under this heading, assistance shall be
made available for Iraqi civilians who have suffered losses
as a result of military operations: Provided further, That
not later than 90 days after enactment of this Act the Sec-
retary of State, in consultation with the Secretary of De-
fense, shall submit a report to the Committees on Appro-
priations describing the progress made toward indicting
and trying leaders of the former Iraqi regime for war
crimes, genocide, or crimes against humanity: Provided fur-
ther, That notwithstanding any provision of this chapter,
none of the funds appropriated under this heading may be
made available to enter into any contract or follow-on con-
tract that uses other than full and open competitive con-
tracting procedures as defined in 41 U.S.C. 403(6): Pro-
vided further, That the President may waive the require-
ments of the previous proviso if he determines that it is
necessary to do so as a result of unforeseen or emergency
circumstances: Provided further, That the President may
reallocate funds provided under this heading: Provided fur-
ther, That these funds may be transferred to any Federal
account for any Federal Government activity to accomplish
the purposes provided herein: Provided further, That upon
a determination that all or part of the funds so transferred
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from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to
this appropriation: 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: Provided
further, That funds appropriated under this heading or
transferred or reallocated under provisions of this chapter
or section 632 of the Foreign Assistance Act of 1961 that
are made available for assistance for Iraq shall be subject
to notifications of the Committees on Appropriations, except
that the notifications shall be transmitted at least 5 days
in advance of the obligation of funds: Provided further,
That the Coalition Provisional Authority shall work, in
conjunction with relevant Iraqi officials, to ensure that a
new Iraqi constitution preserves full rights to religious free-
dom for all individuals, including a prohibition on laws
that would criminalize blasphemy and apostasy: Provided
further, That not later than 90 days after enactment of this
Act and every 90 days thereafter until the ratification of
a new Iraqi constitution, the President shall report to the
appropriate Committees of the Congress, on efforts by the
Coalition Provisional Authority and relevant Iraqi officials
to ensure that the Iraqi constitution preserves religious free-
dom: Provided further, That funds appropriated under this
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heading shall be made available to the General Accounting
Office for an audit of all funds appropriated under this
Act, including tracking the expenditure of appropriated
funds, a comparison of the amounts appropriated under
this Act to the amount actually expended, and a determina-
tion of whether the funds appropriated in this Act are ex-
pended as intended by Congress: Provided further, That of
the funds appropriated under this heading, up to
$13,000,000 may be made available to facilitate inter-eth-
nic and inter-religious dialogue, conflict resolution activi-
ties, support rule of law programs, and train Iraqi leaders
in democratic principles.
ECONOMIC SUPPORT FUND
For an additional amount for ‘‘Economic Support
Fund’’, $422,000,000, to remain available until September
30, 2005, for accelerated assistance for Afghanistan: Pro-
vided, That these funds are available notwithstanding sec-
tion 660 of the Foreign Assistance Act of 1961, and section
620(q) of that Act or any comparable provision of law: Pro-
vided further, That these funds may be used for activities
related to disarmament, demobilization, and reintegration
of militia combatants, including registration of such com-
batants, notwithstanding section 531(e) of the Foreign As-
sistance Act of 1961: Provided further, That not to exceed
$200,000,000 appropriated under this heading in the For-
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eign Operations, Export Financing, and Related Programs
Appropriations Act, 2004, may be used for the costs, as de-
fined in section 502 of the Congressional Budget Act of
1974, of modifying direct loans and guarantees for Paki-
stan: Provided further, That amounts that are made avail-
able under the previous proviso for the cost of modifying
direct loans and guarantees shall not be considered ‘‘assist-
ance’’ for the purposes of provisions of law limiting assist-
ance to a country.
UNITED STATES EMERGENCY FUND FOR COMPLEX
FOREIGN CRISES
For necessary expenses to enable the President to re-
spond to or prevent unforeseen complex foreign crises,
$200,000,000, which shall be made available for assistance
for Liberia, of which $100,000,000 shall be derived by
transfer from funds appropriated under any other heading
of this Chapter: Provided, That funds appropriated under
this heading, shall remain available until expended, and
may be made available only pursuant to a determination,
after consultation with the Committees on Appropriations,
by the President that it is in the national interest to furnish
assistance on such terms and conditions as he may deter-
mine for such purposes, including support for peace and
humanitarian intervention operations: Provided further,
That none of these funds shall be available to respond to
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natural disasters: Provided further, That from these funds
the President may make allocations to Federal agencies to
carry out the authorities provided under this heading: Pro-
vided further, That funds appropriated under this heading
shall be subject to the same conditions as those contained
under the same heading in chapter 5 of title I of S. 762,
as reported by the Committee on Appropriations on April
1, 2003: Provided further, That the President may furnish
assistance under this heading notwithstanding any other
provision of law: Provided further, That the provisions of
section 553 of Division E of Public Law 108–7, or any com-
parable provision of law enacted subsequent to the enact-
ment of that Act, shall be applicable to funds appropriated
under this heading: Provided further, That funds appro-
priated under this heading shall be subject to the regular
notification procedures of the Committees on Appropria-
tions, except that notifications shall be transmitted at least
5 days in advance of the obligations of funds: Provided fur-
ther, That the requirements of the previous proviso may be
waived if failure to do so would pose a substantial risk to
human health and welfare: Provided further, That in case
of any such waiver, notification to the Committees on Ap-
propriations shall be provided as early as practicable, but
in no event later than 3 days after taking the action to
which such notification requirement was applicable, in the
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context of such circumstances necessitating such waiver:
Provided further, That any notification provided pursuant
to such waiver shall contain an explanation of the emer-
gency circumstances.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT
For an additional amount for ‘‘International Nar-
cotics Control and Law Enforcement’’, $120,000,000, to re-
main available until September 30, 2004, for accelerated
assistance for Afghanistan.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS
For an additional amount for ‘‘Nonproliferation,
Anti-Terrorism, 
Demining 
and 
Related 
Programs’’,
$35,000,000, for accelerated assistance for Afghanistan.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for the ‘‘Foreign Military
Financing Program’’, $222,000,000, for accelerated assist-
ance for Afghanistan.
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PEACEKEEPING OPERATIONS
For an additional amount for ‘‘Peacekeeping Oper-
ations’’, $50,000,000, to support the global war on ter-
rorism.
CHAPTER 3
GENERAL PROVISIONS, THIS TITLE
SEC. 2301. In addition to transfer authority otherwise
provided in chapter 2 of this title, any appropriation made
available in chapter 2 of this title may be transferred be-
tween such appropriations, to be available for the same pur-
poses and the same time as the appropriation to which
transferred: Provided, That the total amount transferred
pursuant to this section shall not exceed $200,000,000: Pro-
vided further, That the Secretary of State shall consult with
the Committees on Appropriations prior to exercising the
authority contained in this section: Provided further, That
funds made available pursuant to the authority of this sec-
tion shall be subject to the regular notification procedures
of the Committees on Appropriations, except that notifica-
tion shall be transmitted at least 5 days in advance of the
obligation of funds.
SEC. 2302. Assistance or other financing under chapter
2 of this title may be provided for Iraq, notwithstanding
any other provision of law: Provided, That funds made
available for Iraq pursuant to this authority shall be subject
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to the regular reprogramming notification procedures of the
Committees on Appropriations and section 634A of the For-
eign Assistance Act of 1961, except that notification shall
be transmitted at least 5 days in advance of obligation: Pro-
vided further, That the notification requirements of this sec-
tion may be waived if failure to do so would pose a substan-
tial risk to human health or welfare: Provided further, That
in case of any such waiver, notification to the appropriate
congressional committees shall be provided as early as prac-
ticable, but in no event later than 3 days after taking the
action to which such notification requirement was applica-
ble, in the context of circumstances necessitating such waiv-
er: Provided further, That any notification provided pursu-
ant to such a waiver shall contain an explanation of the
emergency circumstances.
SEC. 2303. Funds made available in chapter 2 of this
title are made available notwithstanding section 10 of Pub-
lic Law 91–672 and section 15 of the State Department
Basic Authorities Act of 1956, as amended.
SEC. 2304. Section 1503 of Public Law 108–11 is
amended by, in the last proviso, striking ‘‘2004’’ and insert-
ing in lieu thereof ‘‘2005’’.
SEC. 2305. Section 1504 of Public Law 108–11 is
amended by—
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(1) in the first proviso, striking the first proviso,
and inserting in lieu thereof: ‘‘Provided, That subject
to the determination and notification requirements of
this section, exports are authorized to Iraq of lethal
military equipment designated by the Secretary of
State for use by a reconstituted (or interim) Iraqi
military, private security force, other official Iraqi se-
curity forces or police forces, or forces from other
countries in Iraq that support United States efforts
in Iraq:’’; and
(2) in the last proviso, striking ‘‘2004’’ and in-
serting in lieu thereof ‘‘2005’’.
SEC. 2306. Public Law 107–57 is amended—
(1) in section 1(b), by striking ‘‘2003’’ wherever
appearing (including in the caption), and inserting
in lieu thereof ‘‘2004’’;
(2) in section 3(2), by striking ‘‘Foreign Oper-
ations, Export Financing, and Related Programs Ap-
propriations Act, 2002, as is’’ and inserting in lieu
thereof ‘‘annual foreign operations, export financing,
and related programs appropriations Acts for fiscal
years 2002, 2003, and 2004, as are’’; and
(3) in section 6, by striking ‘‘2003’’ and insert-
ing in lieu thereof ‘‘2004’’.
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SEC. 2307. 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.
SEC. 2308. Funds appropriated by chapter 2 of this
title under the headings ‘‘Economic Support Fund’’, ‘‘Inter-
national Narcotics Control and Law Enforcement’’, Peace-
keeping Operations’’, and ‘‘ Foreign Military Financing
Program’’ shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
SEC. 2309. (a) The Coalition Provisional Authority
(CPA) shall, on a monthly basis, submit a report to the
Committees on Appropriations which details, for the pre-
ceding month, Iraqi oil production and oil revenues, and
uses of such revenues.
(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 in both English and Arabic, in-
cluding through the CPA’s Internet website.
SEC. 2310. (a) REPORTS OF COALITION PROVISIONAL
AUTHORITY.—Not later than January 1, 2004, and every
90 days thereafter, the Administrator of the Coalition Pro-
visional Authority (CPA) shall submit to the Committees
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on Appropriations and Armed Services of the Senate and
the House of Representatives a report on all obligations,
expenditures, and revenues associated with reconstruction,
rehabilitation, and security activities in Iraq during the
preceding 90 days, including the following:
(1) Obligations and expenditures of appropriated
funds.
(2) A project-by-project and program-by-pro-
gram accounting of the costs incurred to date for the
reconstruction of Iraq, together with the estimate of
the Authority of the costs to complete each project and
each program.
(3) Revenues attributable to or consisting of
funds provided by foreign nations or international or-
ganizations, and any obligations or expenditures of
such revenues.
(4) Revenues attributable to or consisting of for-
eign assets seized or frozen, and any obligations or ex-
penditures of such revenues.
(5) Operating expenses of the Authority and of
any other agencies or entities receiving funds appro-
priated by title.
(b) COMPTROLLER GENERAL AUDIT, INVESTIGATIONS,
AND REPORTS.—(1) The Comptroller General of the United
States shall conduct an on-going audit of the Coalition Pro-
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visional Authority, and may conduct such additional inves-
tigations as the Comptroller General, in consultation with
the Committees on Appropriations, considers appropriate,
to evaluate the reconstruction, rehabilitation, and security
activities in Iraq.
(2) In conducting the audit and any investigations
under paragraph (1), the Comptroller General shall have
access to any information and records created or main-
tained by the Authority, or by any other entity receiving
appropriated funds for reconstruction, rehabilitation, or se-
curity activities in Iraq, that the Comptroller General con-
siders appropriate to conduct the audit or investigations.
(3) Not later than 120 days after the date of the enact-
ment of this Act, the Comptroller General shall submit to
the Committees on Appropriations and Armed Services of
the Senate and the House of Representatives a report on
the audit and any investigations conducted under para-
graph (1). The report shall include information as follows:
(A) A detailed description of the organization
and authorities of the Authority.
(B) A detailed description of the relationship be-
tween the Authority and other Federal agencies, in-
cluding the Department of Defense, the Department of
State, the Executive Office of the President, and the
National Security Council.
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(C) A detailed description of the extent of the use
of private contractors to assist in Authority oper-
ations and to carry out reconstruction, rehabilitation,
or security activities in Iraq, including an assessment
of—
(i) the nature of the contract vehicles used
to perform the work, including the extent of com-
petition used in entering into the contracts and
the amount of profit provided in the contracts;
(ii) the nature of the task orders or other
work orders used to perform the work, including
the extent to which performance-based, cost-
based, and fixed-price task orders were used;
(iii) the reasonableness of the rates charged
by such contractors, including an assessment of
the impact on rates of a greater reliance on Iraqi
labor or other possible sources of supply;
(iv) the extent to which such contractors
performed work themselves and, to the extent that
subcontractors were utilized, how such sub-
contractors were selected; and
(v) the extent to which the Authority or
such contractors relied upon consultants to assist
in projects or programs, the amount paid for
such consulting services, and whether such con-
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sulting services were obtained pursuant to full
and open competition.
(D) A detailed description of the measures adopt-
ed by the Authority and other Federal agencies to
monitor and prevent waste, fraud, and abuse in the
expenditure of appropriated funds in the carrying out
of reconstruction, rehabilitation, and security activi-
ties in Iraq.
(E) A certification by the Comptroller General
as to whether or not the Comptroller General had ade-
quate access to relevant information to make informed
judgments on the matters covered by the report.
(4) The Comptroller General shall from time to time
submit to the Committees on Appropriations and Armed
Services of the Senate and the House of Representatives a
supplemental report on the audit, and any further inves-
tigations, conducted under paragraph (1). Each such report
shall include such updates of the previous reports under this
subsection as the Comptroller General considers appropriate
to keep Congress fully and currently apprised on the recon-
struction, rehabilitation, and security activities in Iraq.
SEC. 2311. None of the funds made available by this
Act or any unexpended funds provided in Public Law 108–
11 may be made available to pay any costs associated with
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debts incurred by the former government of Saddam Hus-
sein.
SEC. 2312. Title III of Public Law 107–327 is amend-
ed as follows by inserting the following new section:
‘‘SEC. 304. REPORTS.
‘‘The Secretary of State shall submit reports to the
Committees on Foreign Relations and Appropriations of the
Senate, and the Committees on International Relations and
Appropriations of the House of Representatives on progress
made in accomplishing the ‘Purposes of Assistance’ set forth
in section 102 of this Act utilizing assistance provided by
the United States for Afghanistan. The first report shall be
submitted no later than December 31, 2003, and subsequent
reports shall be submitted in conjunction with reports re-
quired under section 303 of this title and thereafter through
December 31, 2004.’’.
SEC. 2313. (a) NEW OFFENSE.—
(1) IN
GENERAL.—Chapter 47 of title 18, 5
United States Code, is amended by adding at the end
the following:
‘‘SEC. 1037. WAR PROFITEERING AND FRAUD RELATING TO
MILITARY 
ACTION, 
RELIEF, 
AND 
RECON-
STRUCTION EFFORTS IN IRAQ.
‘‘(a) Whoever, in any matter involving a contract or
the provision of goods or services, directly or indirectly, in