In the Senate of the United States,

October 17, 2003.

Resolved, That the bill from the House of Representatives (H.R. 3289) entitled ‘‘An Act making emergency supplemental appropriations for defense and for the reconstruction of Iraq and Afghanistan for the fiscal year ending September 30, 2004, and for other purposes.’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2004, and for other pur4 poses, namely:
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1 TITLE I—NATIONAL SECURITY

2 CHAPTER 1

3 DEPARTMENT OF DEFENSE

4 MILITARY PERSONNEL

5 MILITARY PERSONNEL, ARMY

6 For an additional amount for ‘‘Military Personnel,

7 Army’’, $12,858,870,000.

8 MILITARY PERSONNEL, NAVY

9 For an additional amount for ‘‘Military Personnel,

10 Navy’’, $816,100,000.

11 MILITARY PERSONNEL, MARINE CORPS

12 For an additional amount for ‘‘Military Personnel,

13 Marine Corps’’, $753,190,000.

14 MILITARY PERSONNEL, AIR FORCE

15 For an additional amount for ‘‘Military Personnel,

16 Air Force’’, $3,384,700,000.

17 OPERATION AND MAINTENANCE

18 OPERATION AND MAINTENANCE, ARMY

19 For an additional amount for ‘‘Operation and Mainte20 nance, Army’’, $24,946,464,000: Provided, That the entire

21 amount is designated by the Congress as an emergency re22 quirement pursuant to section 502 of House Concurrent

23 Resolution 95, the concurrent resolution on the budget for

24 fiscal year 2004: Provided further, That the entire amount

25 shall be available only to the extent that an official budget
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1 request for a specific dollar amount, that includes designa2 tion of the entire amount of the request as an emergency

3 requirement as defined in House Concurrent Resolution 95,

4 the concurrent resolution on the budget for fiscal year 2004,

5 is transmitted by the President to the Congress.

6 OPERATION AND MAINTENANCE, NAVY

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Operation and Mainte9 nance, Navy’’, $1,976,258,000, of which up to $80,000,000

10 may be transferred to the Department of Homeland Secu11 rity for Coast Guard Operations.

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For an additional amount for ‘‘Operation and Mainte14 nance, Marine Corps’’, $1,198,981,000.

15 OPERATION AND MAINTENANCE, AIR FORCE

16 For an additional amount for ‘‘Operation and Mainte17 nance, Air Force’’, $5,516,368,000.

18 OPERATION AND MAINTENANCE, DEFENSE-WIDE

19 For an additional amount for ‘‘Operation and Mainte20 nance, Defense-Wide’’, $4,218,452,000, of which—

21 (1) not to exceed $15,000,000 may be used for the

22 CINC Initiative Fund account, to be used primarily

23 in Iraq and Afghanistan; and

24 (2) $1,000,000,000, to remain available until ex25 pended, may be used, notwithstanding any other pro-
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1 vision of law, for payments to reimburse Pakistan,

2 Jordan, and other key cooperating nations, for

3 logistical, military, and other support provided, or to

4 be provided, to United States military operations:

5 Provided, That such payments may be made in such

6 amounts as the Secretary of Defense, with the concur7 rence of the Secretary of State, and in consultation

8 with the Director of the Office of Management and

9 Budget, may determine, in his discretion, based on

10 documentation determined by the Secretary of Defense

11 to adequately account for the support provided, and

12 such determination is final and conclusive upon the

13 accounting officers of the United States, and 15 days

14 following notification to the appropriate congressional

15 committees: Provided further, That the Secretary of

16 Defense shall provide quarterly reports to the Com17 mittees on Appropriations on the use of these funds.

18 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

19 For an additional amount for ‘‘Operation and Mainte20 nance, Marine Corps Reserve’’, $16,000,000.

21 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

22 For an additional amount for ‘‘Operation and Mainte23 nance, Air Force Reserve’’, $53,000,000.
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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For an additional amount for ‘‘Operation and Mainte3 nance, Air National Guard’’, $214,000,000.

4 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

5 For an additional amount for ‘‘Overseas Humani6 tarian, Disaster, and Civic Aid’’, $35,500,000.

7 IRAQ FREEDOM FUND

8 (TRANSFER OF FUNDS)

9 For ‘‘Iraq Freedom Fund’’, $1,988,600,000, to remain

10 available for transfer until September 30, 2005, for the pur11 poses authorized under this heading in Public Law 108–

12 11: Provided, That the Secretary of Defense may transfer

13 the funds provided herein to appropriations for military

14 personnel; operation and maintenance; Overseas Humani15 tarian, Disaster Assistance, and Civic Aid; procurement;

16 military construction; the Defense Health Program; and

17 working capital funds: Provided further, That funds trans18 ferred shall be merged with and be available for the same

19 purposes and for the same time period as the appropriation

20 or fund to which transferred: Provided further, That this

21 transfer authority is in addition to any other transfer au22 thority available to the Department of Defense: Provided

23 further, That upon a determination that all or part of the

24 funds transferred from this appropriation are not necessary

25 for the purposes provided herein, such amounts may be
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1 transferred back to this appropriation: Provided further,

2 That the Secretary of Defense shall, not fewer than 5 days

3 prior to making transfers from this appropriation, notify

4 the congressional defense committees in writing of the de5 tails of any such transfer: Provided further, That the Sec6 retary shall submit a report no later than 30 days after

7 the end of each fiscal quarter to the congressional defense

8 committees summarizing the details of the transfer of funds

9 from this appropriation: Provided further, That not less

10 than $4,000,000 shall be transferred to ‘‘Office of the Inspec11 tor General’’ for financial and performance audits of funds

12 apportioned to the Department of Defense from the Iraq Re13 lief and Reconstruction Fund.

14 PROCUREMENT

15 MISSILE PROCUREMENT, ARMY

16 For an additional amount for ‘‘Missile Procurement,

17 Army’’, $6,200,000, to remain available until September

18 30, 2006.

19 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

20 VEHICLES, ARMY

21 For an additional amount for ‘‘Procurement of Weap22 ons and Tracked Combat Vehicles, Army’’, $104,000,000, to

23 remain available until September 30, 2006: Provided, That

24 the entire amount is designated by the Congress as an emer25 gency requirement pursuant to section 502 of House Con-
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1 current Resolution 95, the concurrent resolution on the

2 budget for fiscal year 2004: Provided further, That the en3 tire amount shall be available only to the extent that an

4 official budget request for a specific dollar amount, that in5 cludes designation of the entire amount of the request as

6 an emergency requirement as defined in House Concurrent

7 Resolution 95, the concurrent resolution on the budget for

8 fiscal year 2004, is transmitted by the President to the Con9 gress.

10 OTHER PROCUREMENT, ARMY

11 For an additional amount for ‘‘Other Procurement,

12 Army’’, $1,078,687,000, to remain available until Sep13 tember 30, 2006: Provided, That the entire amount is des14 ignated by the Congress as an emergency requirement pur15 suant to section 502 of House Concurrent Resolution 95,

16 the concurrent resolution on the budget for fiscal year 2004:

17 Provided further, That the entire amount shall be available

18 only to the extent that an official budget request for a spe19 cific dollar amount, that includes designation of the entire

20 amount of the request as an emergency requirement as de21 fined in House Concurrent Resolution 95, the concurrent

22 resolution on the budget for fiscal year 2004, is transmitted

23 by the President to the Congress.
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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement,

3 Navy’’, $128,600,000, to remain available until September

4 30, 2006.

5 OTHER PROCUREMENT, NAVY

6 For an additional amount for ‘‘Other Procurement,

7 Navy’’, $76,357,000, to remain available until September

8 30, 2006.

9 PROCUREMENT, MARINE CORPS

10 For an additional amount for ‘‘Procurement, Marine

11 Corps’’, $123,397,000, to remain available until September

12 30, 2006.

13 AIRCRAFT PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Aircraft Procurement,

15 Air Force’’, $40,972,000, to remain available until Sep16 tember 30, 2006.

17 MISSILE PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Missile Procurement,

19 Air Force’’, $20,450,000, to remain available until Sep20 tember 30, 2006.

21 OTHER PROCUREMENT, AIR FORCE

22 For an additional amount for ‘‘Other Procurement,

23 Air Force’’, $3,441,006,000, to remain available until Sep24 tember 30, 2006.
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1 PROCUREMENT, DEFENSE-WIDE

2 For an additional amount for ‘‘Procurement, Defense3 Wide’’, $435,635,000, to remain available until September

4 30, 2006.

5 RESEARCH, DEVELOPMENT, TEST AND

6 EVALUATION

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Navy’’, $34,000,000, to remain

10 available until September 30, 2005.

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

12 FORCE

13 For an additional amount for ‘‘Research, Develop14 ment, Test and Evaluation, Air Force’’, $39,070,000, to re15 main available until September 30, 2005.

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

17 DEFENSE-WIDE

18 For an additional amount for ‘‘Research, Develop19 ment, Test and Evaluation, Defense-Wide’’, $265,817,000,

20 to remain available until September 30, 2005.

21 REVOLVING AND MANAGEMENT FUNDS

22 WORKING CAPITAL FUND, DEFENSE-WIDE

23 For an additional amount for ‘‘Working Capital

24 Fund, Defense-Wide’’, $600,000,000.
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1 NATIONAL DEFENSE SEALIFT FUND

2 For an additional amount for ‘‘National Defense Sea3 lift Fund’’, $24,000,000, to remain available until ex4 pended.

5 OTHER DEPARTMENT OF DEFENSE PROGRAMS

6 DEFENSE HEALTH PROGRAM

7 For an additional amount for ‘‘Defense Health Pro8 gram’’, $658,380,000 for Operation and maintenance.

9 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

10 DEFENSE

11 For an additional amount for ‘‘Drug Interdiction and

12 Counter-Drug Activities, Defense’’, $73,000,000: Provided,

13 That these funds may be used only for such activities related

14 to Afghanistan: Provided further, That the Secretary of De15 fense may transfer the funds provided herein only to appro16 priations for military personnel; operation and mainte17 nance; procurement; and research, development, test, and

18 evaluation: Provided further, That the funds transferred

19 shall be merged with and be available for the same purposes

20 and for the same time period, as the appropriation to which

21 transferred: Provided further, That the transfer authority

22 provided in this paragraph is in addition to any other

23 transfer authority available to the Department of Defense:

24 Provided further, That upon a determination that all or

25 part of the funds transferred from this appropriation are
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1 not necessary for the purposes provided herein, such

2 amounts may be transferred back to this appropriation.

3 RELATED AGENCIES

4 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Intelligence Commu7 nity Management Account’’, $21,500,000, to remain avail8 able until September 30, 2005; of which $3,000,000 may

9 be transferred to and merged with the Department of En10 ergy, ‘‘Other Defense Activities’’, and $15,500,000 may be

11 transferred to and merged with the Federal Bureau of In12 vestigation, ‘‘Salaries and Expenses’’.

13 CHAPTER 2

14 MILITARY CONSTRUCTION

15 MILITARY CONSTRUCTION, ARMY

16 For an additional amount for ‘‘‘Military Construction,

17 Army’’, $119,900,000, to remain available until September

18 30, 2008: Provided, That such funds may be obligated and

19 expended to carry out military construction projects not

20 otherwise authorized by law.

21 MILITARY CONSTRUCTION, AIR FORCE

22 For an additional amount for ‘‘Military Construction,

23 Air Force’’, $292,550,000, to remain available until Sep24 tember 30, 2008: Provided, That such funds may be obli-
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1 gated and expended to carry out military construction

2 projects not otherwise authorized by law.

3 CHAPTER 3

4 GENERAL PROVISIONS, THIS TITLE

5 SEC. 301. Section 202(b) of the Afghanistan Freedom

6 Support Act of 2002 (Public Law 107–327) is amended by

7 striking ‘‘$300,000,000’’ and inserting ‘‘$450,000,000’’.

8 SEC. 302. Upon his determination that such action is

9 necessary in the national interest, the Secretary of Defense

10 may transfer between appropriations up to $2,500,000,000

11 of the funds made available in this title, and in addition

12 such funds as necessary, not to exceed $5,000,000,000, as

13 approved by the House and Senate Appropriations Com14 mittees, Subcommittees on Defense: Provided, That the Sec15 retary shall notify the Congress promptly of each transfer

16 made pursuant to this authority: Provided further, That the

17 transfer authority provided in this section is in addition

18 to any other transfer authority available to the Department

19 of Defense: Provided further, That the authority in this sec20 tion is subject to the same terms and conditions as the au21 thority provided in section 8005 of the Department of De22 fense Appropriations Act, 2004.

23 SEC. 303. Funds appropriated in this title, or made

24 available by transfer of funds in or pursuant to this title,

25 for intelligence activities are deemed to be specifically au-
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1 thorized by the Congress for purposes of section 504 of the

2 National Security Act of 1947 (50 U.S.C. 414).

3 SEC. 304. None of the funds available to the Depart4 ment of Defense may be obligated to implement any action

5 which alters the command responsibility or permanent as6 signment of forces until 90 days after such plan has been

7 provided to the congressional defense committees.

8 SEC. 305. Sections 1318 and 1319 of Public Law 108–

9 11 shall remain in effect during fiscal year 2004.

10 SEC. 306. From October 1, 2003 through September

11 30, 2004, (a) the rates of pay authorized by section 310(a)

12 of title 37, United States Code, shall be increased to $225;

13 and (b) the rates of pay authorized by section 427(a)(1)

14 of title 37, United States Code, shall be increased to $250.

15 SEC. 307. (a) Section 1313 of Public Law 108–11 is

16 amended by adding the word, ‘‘unobligated’’, before ‘‘bal17 ances’’.

18 (b) After October 31, 2003, adjustments to obligations

19 that would have been properly chargeable to the Defense

20 Emergency Response Fund shall be charged to any current

21 appropriation account of the Department of Defense avail22 able for the same purpose.

23 SEC. 308. Within 30 days after the enactment of this

24 Act, the Secretary of Defense shall report to the Committees

25 on Appropriations on progress to implement the terms of
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1 section 8082 of the Department of Defense Appropriations

2 Act, 2004.

3 SEC. 309. None of the funds provided in this title may

4 be used to finance programs or activities denied by Congress

5 in fiscal year 2003 or 2004 appropriations to the Depart6 ment of Defense or to initiate a procurement or research,

7 development, test and evaluation new start program with8 out prior notification to the congressional defense commit9 tees.

10 SEC. 310. During the current fiscal year, funds avail11 able to the Department of Defense for operation and mainte12 nance may be used, notwithstanding any other provision

13 of law, to provide supplies, services, transportation, includ14 ing airlift and sealift, and other logistical support to coali15 tion forces supporting military and stability operations in

16 Iraq: Provided, That the Secretary of Defense shall provide

17 quarterly reports to the Committees on Appropriations re18 garding support provided under this section.

19 SEC. 311. Notwithstanding any other provision of law,

20 from funds available to the Department of Defense for oper21 ation and maintenance in fiscal year 2004, not to exceed

22 $200,000,000 may be used by the Secretary of Defense, with

23 the concurrence of the Secretary of State, to provide assist24 ance only to the New Iraqi Army and the Afghan National

25 Army to enhance their capability to combat terrorism and
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1 to support U.S. military operations in Iraq and Afghani2 stan: Provided, That such assistance may include the provi3 sion of equipment, supplies, services, training and funding:

4 Provided further, That the authority to provide assistance

5 under this section is in addition to any other authority to

6 provide assistance to foreign nations: Provided further,

7 That the Secretary of Defense shall notify Congress not less

8 than 15 days before providing assistance under the author9 ity of this section.

10 SEC. 312. (a) REPORT ON MILITARY READINESS IM11 PLICATIONS OF OPERATION IRAQI FREEDOM.—

12 (1) The Secretary of Defense shall submit to the

13 congressional defense committees a report assessing

14 the implications for United States military readiness

15 of the participation of United States ground combat

16 forces in Operation Iraqi Freedom.

17 (2) The report shall be submitted not later than

18 30 days after the date of the enactment of this Act.

19 (b) MATTERS TO BE INCLUDED.—The report under

20 subsection (a) shall include the following:

21 (1) An estimate of the total number of forces re22 quired to carry out Operation Iraqi Freedom, includ23 ing forces required for a rotation base.

24 (2) An estimate of the expected duration of the

25 operation.
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1 (3) An estimate of the cost of the operation to2 gether with an explanation of how the Secretary will

3 use the funds provided for the operation, and an as4 sessment of how such proposed funding plan would af5 fect overall military readiness.

6 (4) An assessment of how readily forces partici7 pating in the operation could be redeployed to addi8 tional overlapping major conflicts while providing for

9 the President the option to call for victory in one of

10 those conflicts, as well as to conduct a limited number

11 of smaller-scale contingency operations, including an

12 analysis of the availability of strategic lift, the likely

13 condition of equipment, and the extent of retraining

14 necessary to facilitate such a redeployment.

15 (5) An assessment of the effect of the operation

16 on the general combat readiness and deployability of

17 combat units to defend the homeland and for the

18 Global War on Terrorism.

19 (6) An assessment of the effect of the operation

20 on the four 2001 Quadrennial Defense Review defense

21 policy goals, namely assuring allies and friends, dis22 suading future military competitors, deterring threats

23 and coercion against United States interests and, if

24 deterrence fails, decisively defeating any adversary.
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1 (7) An assessment of the effect the operation

2 would have on the general combat readiness and

3 deployability of combat units not designated to be

4 part of the operation including active forces, reserve,

5 and National Guard.

6 (8) For current deployment and subsequent rota7 tions, an assessment of the number and type of com8 bat support and combat service support units re9 quired from active forces, reserve, and National

10 Guard, and the expected duration of each rotation.

11 (9) An assessment of the degree to which the op12 eration will require the use of reserve component

13 units and personnel and the use and timing of invol14 untary Selected Reserve callup authority as provided

15 by section 12304 of title 10, United States Code.

16 (10) An assessment of the anticipated annual

17 cost of equipment refurbishment and replacement re18 sulting from the operation.

19 (11) An assessment of how the increased oper20 ational tempo associated with the operation would af21 fect the mission capable readiness rates and overall

22 health of both strategic and theater airlift assets.

23 (12) An assessment of the effect the operation

24 will have on the ability of the United States Armed
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1 Forces, including the active forces, reserve, and Na2 tional Guard, to meet recruiting goals.

3 (13) An assessment of the effect of the operation

4 on training infrastructure and instrumentation of

5 United States training ranges, including the active

6 forces, reserve, and National Guard.

7 (14) An assessment of the effect the operation

8 will have on retention among active forces, reserve,

9 and National Guard.

10 (15) An assessment of the effect of the operation

11 on quality of life issues for active forces, reserve, and

12 National Guard.

13 (c) FORM OF REPORT.—The report required by sub14 section (a) shall be submitted in unclassified form, but may

15 include a classified annex.

16 (d) CONGRESSIONAL DEFENSE COMMITTEES DE17 FINED.—In this section, the term ‘‘congressional defense

18 committees’’ means—

19 (1) the Committees on Armed Services and Ap20 propriations of the Senate; and

21 (2) the Committees on Armed Services and Ap22 propriations of the House of Representatives.

23 SEC. 313. (a) Section 1075 of title 10, United States

24 Code, is amended—
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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

2 ‘‘When’’; and

3 (2) by striking the second sentence and inserting

4 the following:

5 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to

6 any of the following:

7 ‘‘(1) An enlisted member, or former enlisted

8 member, of a uniformed service who is entitled to re9 tired or retainer pay or equivalent pay.

10 ‘‘(2) An officer or former officer of a uniformed

11 service, or an enlisted member or former enlisted

12 member of a uniformed service not described in para13 graph (1), who is hospitalized under section 1074 of

14 this title because of an injury or disease incurred (as

15 determined under criteria prescribed by the Secretary

16 of Defense)—

17 ‘‘(A) as a direct result of armed conflict;

18 ‘‘(B) while engaged in hazardous service;

19 ‘‘(C) in the performance of duty under con20 ditions simulating war; or

21 ‘‘(D) through an instrumentality of war.’’.

22 (b) Section 1075(b) of title 10, United States Code, as

23 added by subsection (a), shall take effect as of September

24 11, 2001, and shall apply with respect to injuries or dis25 eases incurred on or after that date.
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1 SEC. 314. (a) TRANSFER AUTHORITY.—Subject to sub2 section (b), the Secretary of Defense may transfer not more

3 than $150,000,000 of the funds appropriated in this title

4 to the contingency construction account, authorized under

5 section 2804 of title 10, United States Code, to carry out

6 military construction projects not otherwise authorized by

7 law. Funds so transferred shall be merged with and be

8 available for the same purposes and the same time period

9 as the appropriation to which transferred. The transfer au10 thority under this section is in addition to any other trans11 fer authority available to the Department of Defense.

12 (b) CONDITIONS ON TRANSFER.—A transfer of funds

13 under subsection (a) may not be made until the end of the

14 7-day period beginning on the date the Secretary of Defense

15 submits written notice to the appropriate committees of

16 Congress certifying that the transfer is necessary to respond

17 to, or protect against, acts or threatened acts of terrorism

18 or to support Department of Defense operations in Iraq,

19 and specifying the amounts and purposes of the transfer,

20 including a list of proposed projects and their estimated

21 costs.

22 (c) NOTICE OF OBLIGATIONS.—Notwithstanding sec23 tion 2804(b) of title 10, United States Code, when a decision

24 is made to carry out a military construction project using

25 funds transferred to the contingency construction account
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1 under subsection (a), the Secretary of Defense shall submit

2 written notice to the appropriate committees of Congress

3 no later than 15 days after the obligation of the funds for

4 the project, specifying the source of the transferred funds

5 and the estimated cost of the project, including form 1391.

6 (d) DEFINITIONS.—For purposes of this section, the

7 terms ‘‘appropriate committees of Congress’’, ‘‘military con8 struction’’, and ‘‘military installation’’ have the meanings

9 given such terms in section 2801 of title 10, United States

10 Code, except that, with respect to military construction in

11 a foreign country, the term ‘‘military installation’’ includes

12 not only buildings, structures, and other improvements to

13 real property under the operational control of the Secretary

14 of a military department or the Secretary of Defense, but

15 also any building, structure, or other improvement to real

16 property to be used by the Armed Forces, regardless of

17 whether such use is anticipated to be temporary or of longer

18 duration; and further excepting that ‘‘appropriate commit19 tees of Congress’’ shall include the Subcommittees on Mili20 tary Construction of the Committees on Appropriations of

21 the Senate and House of Representatives.

22 SEC. 315. COMMENDING THE ARMED FORCES FOR EF23 FORTS IN OPERATION ENDURING FREEDOM AND OPER24 ATION IRAQI FREEDOM. (a) PURPOSE.—Recognizing and

25 commending the members of the United States Armed
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1 Forces and their leaders, and the allies of the United States

2 and their armed forces, who participated in Operation En3 during Freedom in Afghanistan and Operation Iraqi Free4 dom in Iraq and recognizing the continuing dedication of

5 military families and employers and defense civilians and

6 contractors and the countless communities and patriotic or7 ganizations that lent their support to the Armed Forces dur8 ing those operations.

9 (b) FINDINGS.—The Senate finds that—

10 (1) the September 11, 2001, terrorist attacks on

11 the United States, which killed thousands of people

12 from the United States and other countries in New

13 York, Virginia, and Pennsylvania, inaugurated the

14 Global War on Terrorism;

15 (2) the intelligence community quickly identified

16 Al Qaeda as a terrorist organization with global

17 reach and the President determined that United

18 States national security required the elimination of

19 the Al Qaeda terrorist organization;

20 (3) the Taliban regime of Afghanistan had long

21 harbored Al Qaeda, providing members of that orga22 nization a safe haven from which to attack the United

23 States and its friends and allies, and the refusal of

24 that regime to discontinue its support for inter25 national terrorism and surrender Al Qaeda’s leaders
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1 to the United States made it a threat to international

2 peace and security;

3 (4) Saddam Hussein and his regime’s long4 standing sponsorship of international terrorism, ac5 tive pursuit of weapons of mass destruction, use of

6 such weapons against Iraq’s own citizens and neigh7 boring countries, aggression against Iraq’s neighbors,

8 and brutal repression of Iraq’s population made Sad9 dam Hussein and his regime a threat to international

10 peace and security;

11 (5) the United States pursued sustained diplo12 matic, political, and economic efforts to remove those

13 threats peacefully;

14 (6) on October 7, 2001, the Armed Forces of the

15 United States and its coalition allies launched mili16 tary operations in Afghanistan, designated as Oper17 ation Enduring Freedom, that quickly caused the col18 lapse of the Taliban regime, the elimination of Af19 ghanistan’s terrorist infrastructure, and the capture

20 of significant and numerous members of Al Qaeda;

21 (7) on March 19, 2003, the Armed Forces of the

22 United States and its coalition allies launched mili23 tary operations, designated as Operation Iraqi Free24 dom, that quickly caused the collapse of Saddam Hus25 sein’s regime, the elimination of Iraq’s terrorist infra-
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1 structure, the end of Iraq’s illicit and illegal pro2 grams to acquire weapons of mass destruction, and

3 the capture of significant international terrorists;

4 (8) in those two campaigns in the Global War on

5 Terrorism, as of September 27, 2003, nearly 165,000

6 members of the United States Armed Forces, com7 prised of active, reserve, and National Guard mem8 bers and units, had mobilized for Operation Endur9 ing Freedom and Operation Iraqi Freedom;

10 (9) success in those two campaigns in the Global

11 War on Terrorism would not have been possible with12 out the dedication, courage, and service of the mem13 bers of the United States Armed Forces and the mili14 tary and irregular forces of the friends and allies of

15 the United States;

16 (10) the support, love, and commitment from the

17 families of United States service personnel partici18 pating in those two operations, as well as that of the

19 communities and patriotic organizations which pro20 vided support through the United Services Organiza21 tion (USO), Operation Dear Abby, and Operation

22 UpLink, helped to sustain those service personnel and

23 enabled them to eliminate significant threats to

24 United States national security while liberating op25 pressed peoples from dictatorial regimes;
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1 (11) the civilian employees of the Department of

2 Defense, through their hard work and dedication, en3 abled United States military forces to quickly and ef4 fectively achieve the United States military missions

5 in Afghanistan and Iraq;

6 (12) the commitment of companies making their

7 employees available for military service, the creativity

8 and initiative of contractors equipping the Nation’s

9 Armed Forces with the best and most modern equip10 ment, and the ingenuity of service companies assist11 ing with the global overseas deployment of the Armed

12 Forces demonstrates that the entrepreneurial spirit of

13 the United States is an extraordinarily valuable de14 fense asset; and

15 (13) the Nation should pause to recognize with

16 appropriate tributes and days of remembrance the

17 sacrifice of those members of the Armed Forces who

18 died or were wounded in Operation Enduring Free19 dom and Operation Iraqi Freedom, as well as all who

20 served in or supported either of those operations.

21 (c) SENSE OF THE SENATE.—It is the sense of the Sen22 ate that the Senate—

23 (1) conveys its deepest sympathy and condolences

24 to the families and friends of the members of United

25 States and coalition forces who have been injured,
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1 wounded, or killed during Operation Enduring Free2 dom and Operation Iraqi Freedom;

3 (2) commends President George W. Bush, Sec4 retary of Defense Donald H. Rumsfeld, and United

5 States Central Command commander General

6 Tommy Franks, United States Army, for their plan7 ning and execution of enormously successful military

8 campaigns in Operation Enduring Freedom and Op9 eration Iraqi Freedom;

10 (3) expresses its highest commendation and most

11 sincere appreciation to the members of the United

12 States Armed Forces who participated in Operation

13 Enduring Freedom and Operation Iraqi Freedom;

14 (4) commends the Department of Defense civilian

15 employees and the defense contractor personnel whose

16 skills made possible the equipping of the greatest

17 armed force in the annals of modern military endeav18 or;

19 (5) supports the efforts of communities across the

20 Nation—

21 (A) to prepare appropriate homecoming

22 ceremonies to honor and welcome home the mem23 bers of the Armed Forces participating in Oper24 ation Enduring Freedom and Operation Iraqi

25 Freedom and to recognize their contributions to
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1 United States homeland security and to the

2 Global War on Terrorism; and

3 (B) to prepare appropriate ceremonies to

4 commemorate with tributes and days of remem5 brance the service and sacrifice of those service

6 members killed or wounded during those oper7 ations;

8 (6) expresses the deep gratitude of the Nation to

9 the 21 steadfast allies in Operation Enduring Free10 dom and to the 49 coalition members in Operation

11 Iraqi Freedom, especially the United Kingdom, Aus12 tralia, and Poland, whose forces, support, and con13 tributions were invaluable and unforgettable; and

14 (7) recommits the United States to ensuring the

15 safety of the United States homeland, to preventing

16 weapons of mass destruction from reaching the hands

17 of terrorists, and to helping the people of Iraq and Af18 ghanistan build free and vibrant democratic societies.

19 SEC. 316. (a) In addition to other purposes for which

20 funds in the Iraq Freedom Fund are available, such funds

21 shall also be available for reimbursing a member of the

22 Armed Forces for the cost of air fare incurred by the mem23 ber for any travel by the member within the United States

24 that is commenced during fiscal year 2003 or fiscal year

25 2004 and is completed during either such fiscal year while
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1 the member is on rest and recuperation leave from deploy2 ment overseas in support of Operation Iraqi Freedom and

3 Operation Enduring Freedom, but only for one round trip

4 by air between two locations within the United States.

5 (b) It is the sense of Congress that the commercial air6 line industry should, to the maximum extent practicable,

7 charge members of the Armed Forces on rest and recuper8 ation leave as described in subsection (a) and their families

9 specially discounted, lowest available fares for air travel in

10 connection with such leave and that any restrictions and

11 limitations imposed by the airlines in connection with the

12 air fares charged for such travel should be minimal.

13 SEC. 317. (a) Section 1074a of title 10, United States

14 Code, is amended by adding at the end the following new

15 subsection:

16 ‘‘(f)(1) At any time after the Secretary concerned noti17 fies members of the Ready Reserve that the members are

18 to be called or ordered to active duty, the administering

19 Secretaries may provide to each such member any medical

20 and dental screening and care that is necessary to ensure

21 that the member meets the applicable medical and dental

22 standards for deployment.

23 ‘‘(2) The Secretary concerned shall promptly transmit

24 to each member of the Ready Reserve eligible for screening
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1 and care under this subsection a notification of eligibility

2 for such screening and care.

3 ‘‘(3) A member provided medical or dental screening

4 or care under paragraph (1) may not be charged for the

5 screening or care.

6 ‘‘(4) Screening and care may not be provided under

7 this section after September 30, 2004.’’.

8 (b) The benefits provided under the amendment made

9 by subsection (a) shall be provided only within funds avail10 able under this Act.

11 SEC. 318. (a) Chapter 55 of title 10, United States

12 Code, is amended by inserting after section 1076a the fol13 lowing new section:

14 ‘‘§ 1076b. TRICARE program: coverage for members of

15 the Ready Reserve

16 ‘‘(a) ELIGIBILITY.—Each member of the Selected Re17 serve of the Ready Reserve and each member of the Indi18 vidual Ready Reserve described in section 10144(b) of this

19 title is eligible, subject to subsection (h), to enroll in

20 TRICARE and receive benefits under such enrollment for

21 any period that the member—

22 ‘‘(1) is an eligible unemployment compensation

23 recipient; or

24 ‘‘(2) is not eligible for health care benefits under

25 an employer-sponsored health benefits plan.
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1 ‘‘(b) TYPES OF COVERAGE.—(1) A member eligible

2 under subsection (a) may enroll for either of the following

3 types of coverage:

4 ‘‘(A) Self alone coverage.

5 ‘‘(B) Self and family coverage.

6 ‘‘(2) An enrollment by a member for self and family

7 covers the member and the dependents of the member who

8 are described in subparagraph (A), (D), or (I) of section

9 1072(2) of this title.

10 ‘‘(c) OPEN ENROLLMENT PERIODS.—The Secretary of

11 Defense shall provide for at least one open enrollment period

12 each year. During an open enrollment period, a member

13 eligible under subsection (a) may enroll in the TRICARE

14 program or change or terminate an enrollment in the

15 TRICARE program.

16 ‘‘(d) SCOPE OF CARE.—(1) A member and the depend17 ents of a member enrolled in the TRICARE program under

18 this section shall be entitled to the same benefits under this

19 chapter as a member of the uniformed services on active

20 duty or a dependent of such a member, respectively.

21 ‘‘(2) Section 1074(c) of this title shall apply with re22 spect to a member enrolled in the TRICARE program under

23 this section.

24 ‘‘(e) PREMIUMS.—(1) The Secretary of Defense shall

25 charge premiums for coverage pursuant to enrollments
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1 under this section. The Secretary shall prescribe for each

2 of the TRICARE program options a premium for self alone

3 coverage and a premium for self and family coverage.

4 ‘‘(2) The monthly amount of the premium in effect for

5 a month for a type of coverage under this section shall be

6 the amount equal to 28 percent of the total amount deter7 mined by the Secretary on an appropriate actuarial basis

8 as being reasonable for the coverage.

9 ‘‘(3) The premiums payable by a member under this

10 subsection may be deducted and withheld from basic pay

11 payable to the member under section 204 of title 37 or from

12 compensation payable to the member under section 206 of

13 such title. The Secretary shall prescribe the requirements

14 and procedures applicable to the payment of premiums by

15 members not entitled to such basic pay or compensation.

16 ‘‘(4) Amounts collected as premiums under this sub17 section shall be credited to the appropriation available for

18 the Defense Health Program Account under section 1100

19 of this title, shall be merged with sums in such Account

20 that are available for the fiscal year in which collected, and

21 shall be available under subparagraph (B) of such section

22 for such fiscal year.

23 ‘‘(f) OTHER CHARGES.—A person who receives health

24 care pursuant to an enrollment in a TRICARE program

25 option under this section, including a member who receives
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1 such health care, shall be subject to the same deductibles,

2 copayments, and other nonpremium charges for health care

3 as apply under this chapter for health care provided under

4 the same TRICARE program option to dependents de5 scribed in subparagraph (A), (D), or (I) of section 1072(2)

6 of this title.

7 ‘‘(g) TERMINATION OF ENROLLMENT.—(1) A member

8 enrolled in the TRICARE program under this section may

9 terminate the enrollment only during an open enrollment

10 period provided under subsection (c), except as provided in

11 subsection (h).

12 ‘‘(2) An enrollment of a member for self alone or for

13 self and family under this section shall terminate on the

14 first day of the first month beginning after the date on

15 which the member ceases to be eligible under subsection (a).

16 ‘‘(3) The enrollment of a member under this section

17 may be terminated on the basis of failure to pay the pre18 mium charged the member under this section.

19 ‘‘(h) RELATIONSHIP TO TRANSITION TRICARE COV20 ERAGE UPON SEPARATION FROM ACTIVE DUTY.—(1) A

21 member may not enroll in the TRICARE program under

22 this section while entitled to transitional health care under

23 subsection (a) of section 1145 of this title or while author24 ized to receive health care under subsection (c) of such sec25 tion.
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1 ‘‘(2) A member who enrolls in the TRICARE program

2 under this section within 90 days after the date of the ter3 mination of the member’s entitlement or eligibility to re4 ceive health care under subsection (a) or (c) of section 1145

5 of this title may terminate the enrollment at any time with6 in one year after the date of the enrollment.

7 ‘‘(i) CERTIFICATION OF NONCOVERAGE BY OTHER

8 HEALTH BENEFITS PLAN.—The Secretary of Defense may

9 require a member to submit any certification that the Sec10 retary considers appropriate to substantiate the member’s

11 assertion that the member is not covered for health care ben12 efits under any other health benefits plan.

13 ‘‘(j) ELIGIBLE UNEMPLOYMENT COMPENSATION RE14 CIPIENT DEFINED.—In this section, the term ‘eligible unem15 ployment compensation recipient’ means, with respect to

16 any month, any individual who is determined eligible for

17 any day of such month for unemployment compensation

18 under State law (as defined in section 205(9) of the Fed19 eral-State Extended Unemployment Compensation Act of

20 1970), including Federal unemployment compensation laws

21 administered through the State.

22 ‘‘(k) REGULATIONS.—The Secretary of Defense, in con23 sultation with the other administering Secretaries, shall

24 prescribe regulations for the administration of this section.
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1 ‘‘(l) TERMINATION OF AUTHORITY.—An enrollment in

2 TRICARE under this section may not continue after Sep3 tember 30, 2004.’’.

4 (b) The table of sections at the beginning of such chap5 ter is amended by inserting after the item relating to section

6 1076a the following new item:

‘‘1076b. TRICARE program: coverage for members of the Ready Reserve.’’.

7 (c) The benefits provided under section 1076b of title

8 10, United States Code (as added by subsection (a)), shall

9 be provided only within funds available under this Act.

10 SEC. 319. (a)(1) Chapter 55 of title 10, United States

11 Code, is amended by inserting after section 1078a the fol12 lowing new section:

13 ‘‘§ 1078b. Continuation of non-TRICARE health bene14 fits plan coverage for certain Reserves

15 called or ordered to active duty and their

16 dependents

17 ‘‘(a) PAYMENT OF PREMIUMS.—The Secretary con18 cerned shall pay the applicable premium to continue in

19 force any qualified health benefits plan coverage for an eli20 gible reserve component member for the benefits coverage

21 continuation period if timely elected by the member in ac22 cordance with regulations prescribed under subsection (j).

23 ‘‘(b) ELIGIBLE MEMBER.—A member of a reserve com24 ponent is eligible for payment of the applicable premium

25 for continuation of qualified health benefits plan coverage
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1 under subsection (a) while serving on active duty pursuant

2 to a call or order issued under a provision of law referred

3 to in section 101(a)(13)(B) of this title during a war or

4 national emergency declared by the President or Congress.

5 ‘‘(c) QUALIFIED HEALTH BENEFITS PLAN COV6 ERAGE.—For the purposes of this section, health benefits

7 plan coverage for a member called or ordered to active duty

8 is qualified health benefits plan coverage if—

9 ‘‘(1) the coverage was in force on the date on

10 which the Secretary notified the member that issuance

11 of the call or order was pending or, if no such notifi12 cation was provided, the date of the call or order;

13 ‘‘(2) on such date, the coverage applied to the

14 member and dependents of the member described in

15 subparagraph (A), (D), or (I) of section 1072(2) of

16 this title; and

17 ‘‘(3) the coverage has not lapsed.

18 ‘‘(d) APPLICABLE PREMIUM.—The applicable pre19 mium payable under this section for continuation of health

20 benefits plan coverage in the case of a member is the amount

21 of the premium payable by the member for the coverage of

22 the member and dependents.

23 ‘‘(e) MAXIMUM AMOUNT.—The total amount that the

24 Department of Defense may pay for the applicable premium

25 of a health benefits plan for a member under this section
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1 in a fiscal year may not exceed the amount determined by

2 multiplying—

3 ‘‘(1) the sum of one plus the number of the mem4 ber’s dependents covered by the health benefits plan,

5 by

6 ‘‘(2) the per capita cost of providing TRICARE

7 coverage and benefits for dependents under this chap8 ter for such fiscal year, as determined by the Sec9 retary of Defense.

10 ‘‘(f) BENEFITS COVERAGE CONTINUATION PERIOD.—

11 The benefits coverage continuation period under this section

12 for qualified health benefits plan coverage in the case of a

13 member called or ordered to active duty is the period that—

14 ‘‘(1) begins on the date of the call or order; and

15 ‘‘(2) ends on the earlier of—

16 ‘‘(A) the date on which the member’s eligi17 bility for transitional health care under section

18 1145(a) of this title terminates under paragraph

19 (3) of such section;

20 ‘‘(B) the date on which the member elects to

21 terminate the continued qualified health benefits

22 plan coverage of the dependents of the member;

23 or

24 ‘‘(C) September 30, 2004.
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1 ‘‘(g) EXTENSION OF PERIOD OF COBRA COVERAGE.—

2 Notwithstanding any other provision of law—

3 ‘‘(1) any period of coverage under a COBRA

4 continuation provision (as defined in section

5 9832(d)(1) of the Internal Revenue Code of 1986) for

6 a member under this section shall be deemed to be

7 equal to the benefits coverage continuation period for

8 such member under this section; and

9 ‘‘(2) with respect to the election of any period of

10 coverage under a COBRA continuation provision (as

11 so defined), rules similar to the rules under section

12 4980B(f)(5)(C) of such Code shall apply.

13 ‘‘(h) NONDUPLICATION OF BENEFITS.—A dependent of

14 a member who is eligible for benefits under qualified health

15 benefits plan coverage paid on behalf of a member by the

16 Secretary concerned under this section is not eligible for

17 benefits under the TRICARE program during a period of

18 the coverage for which so paid.

19 ‘‘(i) REVOCABILITY OF ELECTION.—A member who

20 makes an election under subsection (a) may revoke the elec21 tion. Upon such a revocation, the member’s dependents shall

22 become eligible for benefits under the TRICARE program

23 as provided for under this chapter.

24 ‘‘(j) REGULATIONS.—The Secretary of Defense shall

25 prescribe regulations for carrying out this section. The regu-
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1 lations shall include such requirements for making an elec2 tion of payment of applicable premiums as the Secretary

3 considers appropriate.’’.

4 (2) The table of sections at the beginning of such chap5 ter is amended by inserting after the item relating to section

6 1078a the following new item:

‘‘1078b. Continuation of non-TRICARE health benefits plan coverage for certain

Reserves called or ordered to active duty and their dependents.’’.

7 (b) Section 1078b of title 10, United States Code (as

8 added by subsection (a)), shall apply with respect to calls

9 or orders of members of reserve components of the Armed

10 Forces to active duty as described in subsection (b) of such

11 section, that are issued by the Secretary of a military de12 partment before, on, or after the date of the enactment of

13 this Act, but only with respect to qualified health benefits

14 plan coverage (as described in subsection (c) of such section)

15 that is in effect on or after the date of the enactment of

16 this Act.

17 (c) The benefits provided under section 1078b of title

18 10, United States Code (as added by subsection (a)), shall

19 be provided only within funds available under this Act.

20 SEC. 320. (a) Section 1074 of title 10, United States

21 Code, is amended by adding at the end the following new

22 subsection:

23 ‘‘(d)(1) For the purposes of this chapter, a member of

24 a reserve component of the armed forces who is issued a
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1 delayed-effective-date active-duty order, or is covered by

2 such an order, shall be treated as being on active duty for

3 a period of more than 30 days beginning on the later of

4 the date that is—

5 ‘‘(A) the date of the issuance of such order; or

6 ‘‘(B) 90 days before date on which the period of

7 active duty is to commence under such order for that

8 member.

9 ‘‘(2) In this subsection, the term ‘delayed-effective-date

10 active-duty order’ means an order to active duty for a pe11 riod of more than 30 days in support of a contingency oper12 ation under a provision of law referred to in section

13 101(a)(13)(B) of this title that provides for active-duty serv14 ice to begin under such order on a date after the date of

15 the issuance of the order.

16 ‘‘(3) This section shall cease to be effective on Sep17 tember 30, 2004.’’.

18 (b) The benefits provided under the amendment made

19 by subsection (a) shall be provided only within funds avail20 able under this Act.

21 SEC. 321. (a) Subject to subsection (b), during the pe22 riod beginning on the date of the enactment of this Act and

23 ending on September 30, 2004, section 1145(a) of title 10,

24 United States Code, shall be administered by substituting

25 for paragraph (3) the following:
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1 ‘‘(3) Transitional health care for a member under sub2 section (a) shall be available for 180 days beginning on the

3 date on which the member is separated from active duty.’’.

4 (b)(1) Subsection (a) shall apply with respect to sepa5 rations from active duty that take effect on or after the date

6 of the enactment of this Act.

7 (2) Beginning on October 1, 2004, the period for which

8 a member is provided transitional health care benefits

9 under section 1145(a) of title 10, United States Code, shall

10 be adjusted as necessary to comply with the limits provided

11 under paragraph (3) of such section.

12 (c) The benefits provided under the amendment made

13 by subsection (a) shall be provided only within funds avail14 able under this Act.

15 SEC. 322. (a) Of the funds provided in this title under

16 the heading ‘‘IRAQ FREEDOM FUND’’ up to $191,100,000

17 be available for the procurement of Up-Armored High Mo18 bility Multipurpose Wheeled Vehicles in addition to the

19 number of such vehicles for which funds are provided within

20 the amount specified under such heading.

21 (b) The Secretary of the Army shall reevaluate the re22 quirements of the Army for armored security vehicles and

23 the options available to the Army for procuring armored

24 security vehicles to meet the validated requirements.
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1 SEC. 323. (a) Of the amounts appropriated by chapter

2 1 of this title under the heading ‘‘OPERATION AND MAINTE3 NANCE, ARMY’’ and available for the operating expenses of

4 the Coalition Provisional Authority (CPA), $10,000,000

5 shall be available for the establishment of the Office of the

6 Inspector General of the Coalition Provisional Authority

7 and for related operating expenses of the Office.

8 (b) The Office of the Inspector General of the Coalition

9 Provisional Authority shall be established not later than 30

10 days after the date of the enactment of this Act.

11 (c)(1) The head of the Office of the Inspector General

12 of the Coalition Provisional Authority shall be the Inspector

13 General of the Coalition Provisional Authority.

14 (2) The Inspector General shall be appointed by the

15 President in accordance with, and shall otherwise be subject

16 to the provisions of, section 3 of the Inspector General Act

17 of 1978 (5 U.S.C. App.), except that the person nominated

18 for appointment as Inspector General may assume the du19 ties of the office on an acting basis pending the advice and

20 consent of the Senate.

21 (3) The Inspector General shall have the duties, respon22 sibilities, and authorities of inspectors general under the In23 spector General Act of 1978. In carrying out such duties,

24 responsibilities, and authorities, the Inspector General shall
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1 coordinate with, and receive the cooperation of, the Inspec2 tor General of the Department of Defense.

3 (d)(1) Except as provided in paragraph (2), not later

4 than 75 days after the date of the enactment of this Act,

5 and every 10 days thereafter, the Inspector General of the

6 Coalition Provisional Authority shall submit to the Com7 mittees on Appropriations and Foreign Relations of the

8 Senate and the Committees on Appropriations and Inter9 national Relations of the House of Representatives a report

10 that sets forth—

11 (A) an assessment of the financial controls of the

12 Coalition Provisional Authority;

13 (B) a description of any financial irregularities

14 that may have occurred in the activities of the Au15 thority;

16 (C) a description of—

17 (i) any irregularities relating to the admin18 istration of laws providing for full and open

19 competition in contracting (as defined in section

20 4(6) of the Office of Federal Procurement Policy

21 Act (41 U.S.C. 403(6))); and

22 (ii) any other irregularities related to pro23 curement;
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1 (D) a description of any actions taken by the In2 spector General to improve such financial controls or

3 address such financial irregularities;

4 (E) a description of the programmatic goals of

5 the Coalition Provisional Authority; and

6 (F) an assessment of the performance of the Coa7 lition Provisional Authority, including progress made

8 by the Coalition Provisional Authority in facilitating

9 a transition to levels of security, stability, and self10 government in Iraq sufficient to make the presence of

11 the Coalition Provisional Authority no longer nec12 essary.

13 (2) The Inspector General of the Department of Defense

14 shall prepare and submit the reports otherwise required to

15 be submitted by the Inspector General of the Coalition Pro16 visional Authority under paragraph (1) until the earlier

17 of—

18 (A) the date that is 150 days after the date of

19 the enactment of this Act; or

20 (B) the date on which a determination is made

21 by the Inspector General of the Coalition Provisional

22 Authority that the Office of the Inspector General of

23 the Coalition Provisional Authority is capable of pre24 paring timely, accurate, and complete reports in com25 pliance with the requirements under paragraph (1).
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1 (3) The reports under this subsection are in addition

2 to the semiannual reports required of the Inspector General

3 by section 5 of the Inspector General Act of 1978 and any

4 other reports required of the Inspector General by law.

5 (4) The Inspector General of the Coalition Provisional

6 Authority (or the Inspector General of the Department of

7 Defense, as applicable) shall publish each report under this

8 subsection on the Internet website of the Coalition Provi9 sional Authority.

10 (e) The Office of the Inspector General of the Coalition

11 Provisional Authority shall terminate on the first day that

12 both of the following conditions have been met:

13 (1) the Coalition Provisional Authority has

14 transferred responsibility for governing Iraq to an in15 digenous Iraqi government; and

16 (2) a United States mission to Iraq, under the

17 direction and guidance of the Secretary of State, has

18 undertaken to perform the responsibility for admin19 istering United States assistance efforts in Iraq.

20 SEC. 324. REPORT ON REPLACEMENT OF U.S.

21 TROOPS. (a) FINDINGS.—The Senate finds that:

22 (1) The Coalition Provisional Authority states

23 that 80 percent of Iraq is a permissive environment

24 with people returning to a normal pace of life, while

25 20 percent is less permissive with entrenched Saddam
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1 loyalists, international terrorists and general lawless2 ness hindering recovery efforts.

3 (2) On September 9, Deputy Secretary of Defense

4 John Wolfowitz testified, ‘‘. . . the predominantly

5 Shia south [of Iraq] has been stable and I would say

6 far more stable than most pre-war predications would

7 have given you. And the mixed Arab, Turkish, Kurd8 ish north has also been remarkably stable, again, con9 trary to fears that many of us had that we might face

10 large-scale ethnic conflict.’’.

11 (3) On September 14, Secretary of State Colin

12 Powell stated, ‘‘We see attacks against our coalition

13 on a daily basis . . . but in many parts of the coun14 try things are quite secure and stable.’’.

15 (4) The Coalition Provisional Authority states

16 that a major focus of its security efforts has been to

17 increase Iraqi participation in and responsibility for

18 a safe and secure Iraq.

19 (5) On September 14, Secretary of Defense Don20 ald Rumsfeld stated, ‘‘90 percent of the people in Iraq

21 are now living in an area that’s governed by a city

22 council, or a village council.’’.

23 (6) The Coalition Provisional Authority reports

24 that 60,000 Iraqis are now assisting in security, in25 cluding 46,000 Iraqi police nationwide.
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1 (7) Of the 160,000 coalition military personnel

2 serving in Iraq, 20,000 are comprised of non-United

3 States forces.

4 (b) REPORT.—Beginning 30 days after the enactment

5 of this Act, the President or his designee shall submit a

6 monthly report to Congress detailing—

7 (1) the areas of Iraq determined to be largely se8 cure and stable; and

9 (2) the extent to which United States troops have

10 been replaced by non-United States coalition forces,

11 United Nation forces, or Iraqi forces in the areas de12 termined to be largely secure and stable under this

13 subsection.

14 SEC. 325. (a) Congress makes the following findings:

15 (1) During Operation Desert Shield and Oper16 ation Desert Storm (in this section, collectively re17 ferred to as the ‘‘First Gulf War’’), the regime of Sad18 dam Hussein committed grave human rights abuses

19 and acts of terrorism against the people of Iraq and

20 citizens of the United States.

21 (2) United States citizens who were taken pris22 oner by the regime of Saddam Hussein during the

23 First Gulf War were brutally tortured and forced to

24 endure severe physical trauma and emotional abuse.
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1 (3) The regime of Saddam Hussein used civilian

2 citizens of the United States who were working in the

3 Persian Gulf region before and during the First Gulf

4 War as so-called human shields, threatening the per5 sonal safety and emotional well-being of such civil6 ians.

7 (4) Congress has recognized and authorized the

8 right of United States citizens, including prisoners of

9 war, to hold terrorist states, such as Iraq during the

10 regime of Saddam Hussein, liable for injuries caused

11 by such states.

12 (5) The United States district courts are author13 ized to adjudicate cases brought by individuals in14 jured by terrorist states.

15 (b) It is the sense of Congress that—

16 (1) notwithstanding section 1503 of the Emer17 gency Wartime Supplemental Appropriations Act,

18 2003 (Public Law 108–11; 117 Stat. 579) and any

19 other provision of law, a citizen of the United States

20 who was a prisoner of war or who was used by the

21 regime of Saddam Hussein and by Iraq as a so-called

22 human shield during the First Gulf War should have

23 the opportunity to have any claim for damages

24 caused by the regime of Saddam Hussein and by Iraq
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1 incurred by such citizen fully adjudicated in the ap2 propriate United States district court;

3 (2) any judgment for such damages awarded to

4 such citizen, or the family of such citizen, should be

5 fully enforced; and

6 (3) the Attorney General should enter into nego7 tiations with each such citizen, or the family of each

8 such citizen, to develop a fair and reasonable method

9 of providing compensation for the damages each such

10 citizen incurred, including using assets of the regime

11 of Saddam Hussein held by the Government of the

12 United States or any other appropriate sources to

13 provide such compensation.

14 SEC. 326. (a) FINDINGS.—Congress makes the fol15 lowing findings:

16 (1) The National Guard and Reserves have

17 served the Nation in times of national crises for more

18 than 200 years. The National Guard and Reserves are

19 a critical component of homeland security and na20 tional defense.

21 (2) The current deployments of many members of

22 the National Guard and Reserve have made them ab23 sent from their communities for an abnormally long

24 time. This has diminished the ability of the National

25 Guard to conduct its State missions.
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1 (3) Many members of the National Guard and

2 Reserves have been on active duty for more than a

3 year, and many more have had their tours of active

4 duty involuntarily extended while overseas.

5 (b) REPORT ON UTILIZATION OF NATIONAL GUARD

6 AND RESERVES.—(1) Not later than 60 days after the date

7 of the enactment of this Act, the Secretary of Defense shall

8 submit to the Committees on Armed Services of the Senate

9 and House of Representatives a report on the utilization

10 of the National Guard and Reserves in support of contin11 gency operations during fiscal year 2004.

12 (2) The report under this subsection shall include the

13 following:

14 (A) Information on each National Guard and

15 Reserve unit currently deployed, including—

16 (i) the unit name or designation;

17 (ii) the number of personnel deployed;

18 (iii) the projected return date to home sta19 tion; and

20 (iv) the schedule, if any, for the replacement

21 of the unit with a Regular or multinational

22 unit.

23 (B) Information on current operations tempo,

24 including—
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1 (i) the length of deployment of each Na2 tional Guard and Reserve unit currently de3 ployed, organized by unit and by State;

4 (ii) in the case of each National Guard and

5 Reserve unit on active duty during the two-year

6 period ending on the date of the report, the ag7 gregate amount of time on active duty during

8 such two-year period; and

9 (iii) the percentage of National Guard and

10 Reserve forces in the total deployed force in each

11 current domestic and overseas contingency oper12 ation.

13 (C) Information on current recruitment and re14 tention of National Guard and Reserve personnel,

15 including—

16 (i) any shortfalls in recruitment and reten17 tion;

18 (ii) any plans to address such shortfalls or

19 otherwise to improve recruitment or retention;

20 and

21 (iii) the effects on recruitment and retention

22 over the long term of extended periods of activa23 tion of National Guard or Reserve personnel.

24 (3) The report under this subsection shall be organized

25 in a format that permits a ready assessment of the deploy-
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1 ment of the National Guard and Reserves by State, by var2 ious geographic regions of the United States, and by Armed

3 Force.

4 (c) REPORT ON EFFECTS OF UTILIZATION OF NA5 TIONAL GUARD AND RESERVES ON LAW ENFORCEMENT

6 AND HOMELAND SECURITY.—(1) Not later than 60 days

7 after the date of the enactment of this Act, the Secretary

8 of Homeland Security shall, in consultation with the chief

9 executive officers of the States, submit to Congress a report

10 on the effects of the deployment of the National Guard and

11 Reserves on law enforcement and homeland security in the

12 United States.

13 (2) The report under this subsection shall include the

14 following:

15 (A) The number of civilian first responders on

16 active duty with the National Guard or Reserves who

17 are currently deployed overseas.

18 (B) The number of first responder personnel of

19 the National Guard or Reserves who are currently de20 ployed overseas.

21 (C) An assessment by State of the ability of the

22 States to respond to emergencies without currently de23 ployed National Guard personnel.

24 SEC. 327. (a) FINDINGS.—Congress makes the fol25 lowing findings:
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1 (1) The Iraq Survey Group is charged with in2 vestigating the weapons of mass destruction programs

3 of Iraq.

4 (2) The Special Advisor to the Director of Cen5 tral Intelligence for Strategy and Iraq heads the ef6 forts of the Iraq Survey Group.

7 (b) QUARTERLY REPORTS ON STATUS OF EFFORTS OF

8 IRAQ SURVEY GROUP.—Not later than January 1, 2004,

9 and every three months thereafter through September 30,

10 2004, the Special Advisor to the Director of Central Intel11 ligence for Strategy and Iraq shall submit to the appro12 priate committees of Congress a comprehensive written re13 port on the status of the efforts of the Iraq Survey Group

14 to account for the programs of Iraq on weapons of mass

15 destruction and related delivery systems.

16 (c) FORM OF REPORT.—Each report required by sub17 section (b) shall be submitted in both classified and unclas18 sified form.

19 (d) APPROPRIATE COMMITTEES OF CONGRESS DE20 FINED.—In this section, the term ‘‘appropriate committees

21 of Congress’’ means—

22 (1) the Select Committee on Intelligence and the

23 Subcommittee on Defense of the Committee on Appro24 priations of the Senate; and
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1 (2) the Permanent Select Committee on Intel2 ligence and the Subcommittee on Defense of the Com3 mittee on Appropriations of the House of Representa4 tives.

5 SEC. 328. (a) In the administration of laws and poli6 cies on the period for which members of reserve components

7 of the Armed Forces called or ordered to active duty under

8 a provision of law referred to in section 101(a)(13)(B) of

9 title 10, United States Code, are deployed outside the

10 United States, the deployment shall be considered to have

11 begun on the first day of the active-duty service to which

12 called or ordered and shall be considered to have ended on

13 the last day of the active-duty service to which called or

14 ordered.

15 (b) The Secretary of Defense may waive the require16 ments of subsection (a) in any case in which the Secretary

17 determines that it is necessary to do so to respond to a na18 tional security emergency or to meet dire operational re19 quirements of the Armed Forces.

20 SEC. 329. Of the amounts appropriated by this title,

21 $10,000,000 shall be available only for the Family Readi22 ness Program of the National Guard.

23 SEC. 330. (a) FINDINGS.—Congress makes the fol24 lowing findings:
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1 (1) The Committee on Armed Services of the

2 Senate specified in Senate Report 107–151 to accom3 pany S. 2514 (107th Congress) that the Chief of

4 Naval Operations submit to the congressional defense

5 committees a report, not later than June 2, 2003, on

6 the plans of the Navy for basing aircraft carriers

7 through 2015.

8 (2) As of October 16, 2003, the report has not

9 been submitted.

10 (b) REPORT ON AIRCRAFT CARRIER BASING PLANS

11 THROUGH 2020.—Not later than 120 days after the date

12 of the enactment of this Act, the Secretary of Defense shall

13 submit to the congressional defense committees a report on

14 the plans of the Navy for basing aircraft carriers through

15 2020.

16 SEC. 331. (a) In addition to the strengths authorized

17 by law for personnel of the Army as of September 30, 2004,

18 pursuant to paragraphs (1) and (2) of section 115(a) of

19 title 10, United States Code, the Army is hereby authorized

20 an additional strength of 10,000 personnel as of such date,

21 which the Secretary of the Army may allocate as the Sec22 retary determines appropriate among the personnel

23 strengths required by such section to be authorized annually

24 under subparagraphs (A) and (B) of paragraph (1) of such

25 section and paragraph (2) of such section.
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1 (b) The additional personnel authorized under sub2 section (a) shall be trained, incorporated into an appro3 priate force structure, and used to perform constabulary

4 duty in such specialties as military police, light infantry,

5 civil affairs, and special forces, and in any other military

6 occupational specialty that is appropriate for constabulary

7 duty.

8 (c) Of the amount appropriated under chapter 1 of this

9 title for the Iraq Freedom Fund, $409,000,000 shall be

10 available for necessary expenses for the additional personnel

11 authorized under subsection (a).

12 SEC. 332. (a) SHORT TITLE.—This section may be

13 cited as the ‘‘Reservists Pay Security Act of 2003’’.

14 (b) NONREDUCTION IN PAY WHILE FEDERAL EM15 PLOYEE IS PERFORMING ACTIVE SERVICE IN THE UNI16 FORMED SERVICES OR NATIONAL GUARD.—

17 (1) IN GENERAL.—Subchapter IV of chapter 55

18 of title 5, United States Code, is amended by adding

19 at the end the following:

20 ‘‘§ 5538. Nonreduction in pay while serving in the uni21 formed services or National Guard

22 ‘‘(a) An employee who is absent from a position of em23 ployment with the Federal Government in order to perform

24 active duty in the uniformed services pursuant to a call

25 or order to active duty under a provision of law referred
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1 to in section 101(a)(13)(B) of title 10 shall be entitled, while

2 serving on active duty, to receive, for each pay period de3 scribed in subsection (b), an amount equal to the amount

4 by which—

5 ‘‘(1) the amount of basic pay which would other6 wise have been payable to such employee for such pay

7 period if such employee’s civilian employment with

8 the Government had not been interrupted by that

9 service, exceeds (if at all)

10 ‘‘(2) the amount of pay and allowances which

11 (as determined under subsection (d))—

12 ‘‘(A) is payable to such employee for that

13 service; and

14 ‘‘(B) is allocable to such pay period.

15 ‘‘(b)(1) Amounts under this section shall be payable

16 with respect to each pay period (which would otherwise

17 apply if the employee’s civilian employment had not been

18 interrupted)—

19 ‘‘(A) during which such employee is entitled to

20 reemployment rights under chapter 43 of title 38 with

21 respect to the position from which such employee is

22 absent (as referred to in subsection (a)); and

23 ‘‘(B) for which such employee does not otherwise

24 receive basic pay (including by taking any annual,

25 military, or other paid leave) to which such employee
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1 is entitled by virtue of such employee’s civilian em2 ployment with the Government.

3 ‘‘(2) For purposes of this section, the period during

4 which an employee is entitled to reemployment rights under

5 chapter 43 of title 38—

6 ‘‘(A) shall be determined disregarding the provi7 sions of section 4312(d) of title 38; and

8 ‘‘(B) shall include any period of time specified

9 in section 4312(e) of title 38 within which an em10 ployee may report or apply for employment or reem11 ployment following completion of the service on active

12 duty to which called or ordered as described in sub13 section (a).

14 ‘‘(c) Any amount payable under this section to an em15 ployee shall be paid—

16 ‘‘(1) by such employee’s employing agency;

17 ‘‘(2) from the appropriation or fund which

18 would be used to pay the employee if such employee

19 were in a pay status; and

20 ‘‘(3) to the extent practicable, at the same time

21 and in the same manner as would basic pay if such

22 employee’s civilian employment had not been inter23 rupted.

24 ‘‘(d) The Office of Personnel Management shall, in con25 sultation with Secretary of Defense, prescribe any regula-
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1 tions necessary to carry out the preceding provisions of this

2 section.

3 ‘‘(e)(1) The head of each agency referred to in section

4 2302(a)(2)(C)(ii) shall, in consultation with the Office, pre5 scribe procedures to ensure that the rights under this section

6 apply to the employees of such agency.

7 ‘‘(2) The Administrator of the Federal Aviation Ad8 ministration shall, in consultation with the Office, prescribe

9 procedures to ensure that the rights under this section apply

10 to the employees of that agency.

11 ‘‘(f) In this section—

12 ‘‘(1) the terms ‘employee’, ‘Federal Government’,

13 and ‘uniformed services’ have the same respective

14 meanings as given them in section 4303 of title 38;

15 ‘‘(2) the term ‘employing agency’, as used with

16 respect to an employee entitled to any payments

17 under this section, means the agency or other entity

18 of the Government (including an agency referred to in

19 section 2302(a)(2)(C)(ii)) with respect to which such

20 employee has reemployment rights under chapter 43

21 of title 38; and

22 ‘‘(3) the term ‘basic pay’ includes any amount

23 payable under section 5304.’’.

24 (2) TECHNICAL AND CONFORMING AMEND25 MENT.—The table of sections for chapter 55 of title 5,
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1 United States Code, is amended by inserting after the

2 item relating to section 5537 the following:

‘‘5538. Nonreduction in pay while serving in the uniformed services or National

Guard.’’.

3 (3) EFFECTIVE PERIOD.—The amendments made

4 by this section shall apply with respect to pay periods

5 (as described in section 5538(b) of title 5, United

6 States Code, as amended by this section) beginning on

7 or after the date of enactment of this section and end8 ing September 30, 2004.

9 SEC. 333. (a) FINDINGS.—Congress makes the fol10 lowing findings:

11 (1) That on October 7, 2001, the Armed Forces

12 of the United States and its coalition allies launched

13 military operations in Afghanistan, designated as

14 Operation Enduring Freedom, that quickly caused the

15 collapse of the Taliban regime, the elimination of Af16 ghanistan’s terrorist infrastructure and the capture of

17 significant and numerous members of Al Qaeda.

18 (2) That on March 19, 2003, the Armed Forces

19 of the United States and its coalition allies launched

20 military operations, designated as Operation Iraqi

21 Freedom, that quickly caused the collapse of Saddam

22 Hussein’s regime, the elimination of Iraq’s terrorist

23 infrastructure, the end of Iraq’s illicit and illegal pro-
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1 grams to acquire weapons of mass destruction, and

2 the capture of significant international terrorists.

3 (3) That success in those two campaigns in the

4 Global War on Terrorism would not have been pos5 sible without the dedication, courage, and service of

6 the members of the United States Armed Forces and

7 their coalition partners.

8 (4) That throughout the proud military history

9 of our Nation, we have recognized our brave men and

10 women of the Armed Forces by awarding them service

11 medals for personal bravery and other leadership ac12 tions and for their service in military operations

13 abroad and for support operations at home and

14 abroad.

15 (5) That historically the President has relied on

16 senior military officers to recommend the personal

17 and theater campaign medals and that, in keeping

18 with these longstanding traditions, the Joint Chiefs of

19 Staff and the combatant commanders, including Gen20 eral Tommy Franks, United States Army, former

21 Commander of the United States Central Command,

22 recommended the awards described below in recogni23 tion of the worldwide nature of the current conflict.

24 (6) That following the advice of his senior mili25 tary and civilian defense leaders, President Bush, by
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1 Executive Order 13289 on March 12, 2003, estab2 lished the Global War on Terrorism Expeditionary

3 Medal to be awarded to service members who serve in

4 military operations to combat terrorism on or after

5 September 11, 2001, including, but not limited to ac6 tions in Operation Enduring Freedom and Operation

7 Iraqi Freedom, in such locations as Afghanistan,

8 Iraq, the Republic of the Philippines, and elsewhere

9 in Southwest Asia, in recognition of the sacrifice and

10 contributions military members make in the global

11 war on terrorism.

12 (7) That eligibility for the Global War on Ter13 rorism Expeditionary Medal is predicated on deploy14 ment abroad for 30 days or more in support of Global

15 War on Terrorism operations on or after September

16 11, 2001.

17 (8) That by the same Executive Order, the Presi18 dent established the Global War on Terrorism Service

19 Medical recognizing duty in Operation Noble Eagle

20 and the homeland defense mission against further ter21 rorist attacks, and which recognizes duty in support

22 of military operations performed in areas that do not

23 qualify for the Global War on Terrorism Expedi24 tionary Medal.
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1 (9) That implementing regulations for eligibility

2 have not been issued by the Secretary of Defense.

3 (b) SENSE OF THE SENATE ON THE AWARD OF CAM4 PAIGN MEDAL.—It is the sense of the Senate that the Sec5 retary of Defense should, on an expedited basis, issue the

6 necessary regulations to implement these awards and ensure

7 that any person who renders qualifying service with the

8 Armed Forces in those phases of the Global War on Ter9 rorism including Operation Iraqi Freedom, Operation En10 during Freedom and Operation Noble Eagle should prompt11 ly receive these awards.

12 SEC. 334. Notwithstanding any other provision of law,

13 the Federal share of the cost of any disaster relief payment

14 made under the Robert T. Stafford Disaster Relief and

15 Emergency Assistance Act (42 U.S.C. 5121 et seq.) for dam16 age caused by Hurricane Isabel shall be 90 percent.

17 SEC. 335. Of the funds appropriated by this Act,

18 $500,000,000 shall be available for repair or replacement

19 of Department of Defense and National Aeronautics and

20 Space Administration infrastructure damaged or destroyed

21 by Hurricane Isabel, related flooding, or other related nat22 ural forces: Provided, That the entire amount is designated

23 by the Congress as an emergency requirement pursuant to

24 section 502 of House Concurrent Resolution 95 (108th Con25 gress): Provided further, That the entire amount shall be
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1 available only to the extent that an official budget request

2 for a specific dollar amount, that includes the designation

3 of the entire amount of the request as an emergency require4 ment as defined in House Concurrent Resolution 95, the

5 concurrent resolution on the budget for fiscal year 2004, is

6 transmitted by the President to the Congress.

7 TITLE II—INTERNATIONAL AFFAIRS

8 CHAPTER 1

9 DEPARTMENT OF STATE

10 ADMINISTRATION OF FOREIGN AFFAIRS

11 DIPLOMATIC AND CONSULAR PROGRAMS

12 (INCLUDING RESCISSION)

13 Of the funds provided under this heading in Public

14 Law 108–11 (117 Stat. 561), $35,800,000 are rescinded.

15 For an additional amount for ‘‘Diplomatic and Con16 sular Programs’’, $35,800,000, to remain available until

17 September 30, 2005.

18 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

19 SERVICE

20 For an additional amount for ‘‘Emergencies in the

21 Diplomatic and Consular Service’’, $90,500,000, to remain

22 available until expended: Provided, That of the funds made

23 available under this heading, $50,000,000 shall only be

24 available for rewards: Provided further, That of the funds

25 made available under this heading, $32,000,000 is for the

26 reimbursement of the City of New York for costs associated
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1 with the protection of foreign missions and officials during

2 the heightened state of alert following the September 11,

3 2001, terrorist attacks on the United States: Provided fur4 ther, That of the funds made available under this heading,

5 $8,500,000 is for costs associated with the 2003 Free Trade

6 Area of the Americas Ministerial meeting: Provided further,

7 That of the funds previously appropriated under this head8 ing, $2,000,000 is for rewards for an indictee of the Special

9 Court for Sierra Leone: Provided further, That of prior year

10 unobligated balances available under this heading,

11 $8,451,000 shall be transferred to and merged with the ap12 propriation for ‘‘Diplomatic and Consular Programs’’ and

13 shall be available only for the Border Security Program:

14 Provided further, That the entire amount shall be available

15 only to the extent that an official budget request for

16 $90,500,000, that includes designation of the entire amount

17 of the request as an emergency requirement as defined in

18 House Concurrent Resolution 95, the concurrent resolution

19 on the budget for fiscal year 2004, is transmitted by the

20 President to the Congress.
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1 CHAPTER 2

2 BILATERAL ECONOMIC ASSISTANCE

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 UNITED STATES AGENCY FOR INTERNATIONAL

5 DEVELOPMENT

6 OPERATING EXPENSES OF THE UNITED STATES AGENCY

7 FOR INTERNATIONAL DEVELOPMENT

8 For an additional amount for ‘‘Operating Expenses of

9 the United States Agency for International Development’’,

10 $40,000,000, of which not less than $4,000,000 shall be

11 transferred to and merged with ‘‘Operating Expenses of the

12 United States Agency for International Development Office

13 of Inspector General’’ for financial and performance audits

14 of the Iraq Relief and Reconstruction Fund and other as15 sistance to Iraq, to remain available until September 30,

16 2005.

17 CAPITAL INVESTMENT FUND

18 For an additional amount for ‘‘Capital Investment

19 Fund’’, $60,500,000, to remain available until expended:

20 Provided, That the entire amount shall be available only

21 to the extent that an official budget request for $60,500,000,

22 that includes designation of the entire amount of the request

23 as an emergency requirement as defined in House Concur24 rent Resolution 98 (108th Congress), the concurrent resolu25 tion on the budget for fiscal year 2004, is transmitted by

26 the President to the Congress.
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1 OTHER BILATERAL ECONOMIC ASSISTANCE

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 IRAQ RELIEF AND RECONSTRUCTION FUND

4 (INCLUDING TRANSFERS OF FUNDS)

5 For necessary expenses for security, rehabilitation and

6 reconstruction in Iraq, $18,449,000,000, to remain avail7 able until expended, to be allocated as follows:

8 $3,243,000,000 for security and law enforcement;

9 $1,318,000,000 for justice, public safety infrastructure, and

10 civil society; $5,560,000,000 for the electric sector;

11 $1,900,000,000 for oil infrastructure; $4,332,000,000 for

12 water resources and sanitation; $500,000,000 for transpor13 tation and telecommunications; $370,000,000 for roads,

14 bridges, and construction; $793,000,000 for health care;

15 $153,000,000 for private sector development; and

16 $280,000,000 for education, refugees, human rights, democ17 racy, and governance: Provided, That of the funds made

18 available pursuant to the previous proviso, not less than

19 $100,000,000 shall be made available for democracy build20 ing activities in Iraq: Provided further, That none of the

21 funds appropriated under this heading may be allocated for

22 any capital project, including construction of a prison, hos23 pital, housing community, railroad, or government build24 ing, until the Coalition Provisional Authority submits a re25 port to the Committees on Appropriations describing in de-
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1 tail the estimated costs (including the costs of consultants,

2 design, materials, shipping, and labor) on which the request

3 for funds for such project is based: Provided further, That

4 in order to control costs, to the maximum extent practicable

5 Iraqis with the necessary qualifications should be consulted

6 and utilized in the design and implementation of programs,

7 projects, and activities funded under this heading: Provided

8 further, That the Administrator of the United States Agency

9 for International Development (USAID) shall seek to ensure

10 that programs, projects, and activities administered by

11 USAID in Iraq and Afghanistan comply fully with

12 USAID’s ‘‘Policy Paper: Disability’’ issued on September

13 12, 1997: Provided further, That the Administrator shall

14 submit a report to the Committees on Appropriations not

15 later than December 31, 2004, describing the manner in

16 which the needs of people with disabilities were met in the

17 development and implementation of USAID programs,

18 projects, and activities in Iraq and Afghanistan in fiscal

19 year 2004: Provided further, That the Administrator, not

20 later than 180 days after enactment of this Act and in con21 sultation, as appropriate, with other appropriate depart22 ments and agencies, the Architectural and Transportation

23 Barriers Compliance Board, and nongovernmental organi24 zations with expertise in the needs of people with disabil25 ities, shall develop and implement appropriate standards
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1 for access for people with disabilities for construction

2 projects funded by USAID: Provided further, That of the

3 funds appropriated under this heading, assistance shall be

4 made available for Iraqi civilians who have suffered losses

5 as a result of military operations: Provided further, That

6 not later than 90 days after enactment of this Act the Sec7 retary of State, in consultation with the Secretary of De8 fense, shall submit a report to the Committees on Appro9 priations describing the progress made toward indicting

10 and trying leaders of the former Iraqi regime for war

11 crimes, genocide, or crimes against humanity: Provided fur12 ther, That notwithstanding any provision of this chapter,

13 none of the funds appropriated under this heading may be

14 made available to enter into any contract or follow-on con15 tract that uses other than full and open competitive con16 tracting procedures as defined in 41 U.S.C. 403(6): Pro17 vided further, That the President may waive the require18 ments of the previous proviso if he determines that it is

19 necessary to do so as a result of unforeseen or emergency

20 circumstances: Provided further, That the President may

21 reallocate funds provided under this heading: Provided fur22 ther, That these funds may be transferred to any Federal

23 account for any Federal Government activity to accomplish

24 the purposes provided herein: Provided further, That upon

25 a determination that all or part of the funds so transferred
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1 from this appropriation are not necessary for the purposes

2 provided herein, such amounts may be transferred back to

3 this appropriation: Provided further, That contributions of

4 funds for the purposes provided herein from any person,

5 foreign government, or international organization, may be

6 credited to this Fund and used for such purposes: Provided

7 further, That funds appropriated under this heading or

8 transferred or reallocated under provisions of this chapter

9 or section 632 of the Foreign Assistance Act of 1961 that

10 are made available for assistance for Iraq shall be subject

11 to notifications of the Committees on Appropriations, except

12 that the notifications shall be transmitted at least 5 days

13 in advance of the obligation of funds: Provided further,

14 That the Coalition Provisional Authority shall work, in

15 conjunction with relevant Iraqi officials, to ensure that a

16 new Iraqi constitution preserves full rights to religious free17 dom for all individuals, including a prohibition on laws

18 that would criminalize blasphemy and apostasy: Provided

19 further, That not later than 90 days after enactment of this

20 Act and every 90 days thereafter until the ratification of

21 a new Iraqi constitution, the President shall report to the

22 appropriate Committees of the Congress, on efforts by the

23 Coalition Provisional Authority and relevant Iraqi officials

24 to ensure that the Iraqi constitution preserves religious free25 dom: Provided further, That funds appropriated under this
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1 heading shall be made available to the General Accounting

2 Office for an audit of all funds appropriated under this

3 Act, including tracking the expenditure of appropriated

4 funds, a comparison of the amounts appropriated under

5 this Act to the amount actually expended, and a determina6 tion of whether the funds appropriated in this Act are ex7 pended as intended by Congress: Provided further, That of

8 the funds appropriated under this heading, up to

9 $13,000,000 may be made available to facilitate inter-eth10 nic and inter-religious dialogue, conflict resolution activi11 ties, support rule of law programs, and train Iraqi leaders

12 in democratic principles.

13 ECONOMIC SUPPORT FUND

14 For an additional amount for ‘‘Economic Support

15 Fund’’, $422,000,000, to remain available until September

16 30, 2005, for accelerated assistance for Afghanistan: Pro17 vided, That these funds are available notwithstanding sec18 tion 660 of the Foreign Assistance Act of 1961, and section

19 620(q) of that Act or any comparable provision of law: Pro20 vided further, That these funds may be used for activities

21 related to disarmament, demobilization, and reintegration

22 of militia combatants, including registration of such com23 batants, notwithstanding section 531(e) of the Foreign As24 sistance Act of 1961: Provided further, That not to exceed

25 $200,000,000 appropriated under this heading in the For-
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1 eign Operations, Export Financing, and Related Programs

2 Appropriations Act, 2004, may be used for the costs, as de3 fined in section 502 of the Congressional Budget Act of

4 1974, of modifying direct loans and guarantees for Paki5 stan: Provided further, That amounts that are made avail6 able under the previous proviso for the cost of modifying

7 direct loans and guarantees shall not be considered ‘‘assist8 ance’’ for the purposes of provisions of law limiting assist9 ance to a country.

10 UNITED STATES EMERGENCY FUND FOR COMPLEX

11 FOREIGN CRISES

12 For necessary expenses to enable the President to re13 spond to or prevent unforeseen complex foreign crises,

14 $200,000,000, which shall be made available for assistance

15 for Liberia, of which $100,000,000 shall be derived by

16 transfer from funds appropriated under any other heading

17 of this Chapter: Provided, That funds appropriated under

18 this heading, shall remain available until expended, and

19 may be made available only pursuant to a determination,

20 after consultation with the Committees on Appropriations,

21 by the President that it is in the national interest to furnish

22 assistance on such terms and conditions as he may deter23 mine for such purposes, including support for peace and

24 humanitarian intervention operations: Provided further,

25 That none of these funds shall be available to respond to
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1 natural disasters: Provided further, That from these funds

2 the President may make allocations to Federal agencies to

3 carry out the authorities provided under this heading: Pro4 vided further, That funds appropriated under this heading

5 shall be subject to the same conditions as those contained

6 under the same heading in chapter 5 of title I of S. 762,

7 as reported by the Committee on Appropriations on April

8 1, 2003: Provided further, That the President may furnish

9 assistance under this heading notwithstanding any other

10 provision of law: Provided further, That the provisions of

11 section 553 of Division E of Public Law 108–7, or any com12 parable provision of law enacted subsequent to the enact13 ment of that Act, shall be applicable to funds appropriated

14 under this heading: Provided further, That funds appro15 priated under this heading shall be subject to the regular

16 notification procedures of the Committees on Appropria17 tions, except that notifications shall be transmitted at least

18 5 days in advance of the obligations of funds: Provided fur19 ther, That the requirements of the previous proviso may be

20 waived if failure to do so would pose a substantial risk to

21 human health and welfare: Provided further, That in case

22 of any such waiver, notification to the Committees on Ap23 propriations shall be provided as early as practicable, but

24 in no event later than 3 days after taking the action to

25 which such notification requirement was applicable, in the
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1 context of such circumstances necessitating such waiver:

2 Provided further, That any notification provided pursuant

3 to such waiver shall contain an explanation of the emer4 gency circumstances.

5 DEPARTMENT OF STATE

6 INTERNATIONAL NARCOTICS CONTROL AND LAW

7 ENFORCEMENT

8 For an additional amount for ‘‘International Nar9 cotics Control and Law Enforcement’’, $120,000,000, to re10 main available until September 30, 2004, for accelerated

11 assistance for Afghanistan.

12 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

13 RELATED PROGRAMS

14 For an additional amount for ‘‘Nonproliferation,

15 Anti-Terrorism, Demining and Related Programs’’,

16 $35,000,000, for accelerated assistance for Afghanistan.

17 MILITARY ASSISTANCE

18 FUNDS APPROPRIATED TO THE PRESIDENT

19 FOREIGN MILITARY FINANCING PROGRAM

20 For an additional amount for the ‘‘Foreign Military

21 Financing Program’’, $222,000,000, for accelerated assist22 ance for Afghanistan.
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1 PEACEKEEPING OPERATIONS

2 For an additional amount for ‘‘Peacekeeping Oper3 ations’’, $50,000,000, to support the global war on ter4 rorism.

5 CHAPTER 3

6 GENERAL PROVISIONS, THIS TITLE

7 SEC. 2301. In addition to transfer authority otherwise

8 provided in chapter 2 of this title, any appropriation made

9 available in chapter 2 of this title may be transferred be10 tween such appropriations, to be available for the same pur11 poses and the same time as the appropriation to which

12 transferred: Provided, That the total amount transferred

13 pursuant to this section shall not exceed $200,000,000: Pro14 vided further, That the Secretary of State shall consult with

15 the Committees on Appropriations prior to exercising the

16 authority contained in this section: Provided further, That

17 funds made available pursuant to the authority of this sec18 tion shall be subject to the regular notification procedures

19 of the Committees on Appropriations, except that notifica20 tion shall be transmitted at least 5 days in advance of the

21 obligation of funds.

22 SEC. 2302. Assistance or other financing under chapter

23 2 of this title may be provided for Iraq, notwithstanding

24 any other provision of law: Provided, That funds made

25 available for Iraq pursuant to this authority shall be subject
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1 to the regular reprogramming notification procedures of the

2 Committees on Appropriations and section 634A of the For3 eign Assistance Act of 1961, except that notification shall

4 be transmitted at least 5 days in advance of obligation: Pro5 vided further, That the notification requirements of this sec6 tion may be waived if failure to do so would pose a substan7 tial risk to human health or welfare: Provided further, That

8 in case of any such waiver, notification to the appropriate

9 congressional committees shall be provided as early as prac10 ticable, but in no event later than 3 days after taking the

11 action to which such notification requirement was applica12 ble, in the context of circumstances necessitating such waiv13 er: Provided further, That any notification provided pursu14 ant to such a waiver shall contain an explanation of the

15 emergency circumstances.

16 SEC. 2303. Funds made available in chapter 2 of this

17 title are made available notwithstanding section 10 of Pub18 lic Law 91–672 and section 15 of the State Department

19 Basic Authorities Act of 1956, as amended.

20 SEC. 2304. Section 1503 of Public Law 108–11 is

21 amended by, in the last proviso, striking ‘‘2004’’ and insert22 ing in lieu thereof ‘‘2005’’.

23 SEC. 2305. Section 1504 of Public Law 108–11 is

24 amended by—
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1 (1) in the first proviso, striking the first proviso,

2 and inserting in lieu thereof: ‘‘Provided, That subject

3 to the determination and notification requirements of

4 this section, exports are authorized to Iraq of lethal

5 military equipment designated by the Secretary of

6 State for use by a reconstituted (or interim) Iraqi

7 military, private security force, other official Iraqi se8 curity forces or police forces, or forces from other

9 countries in Iraq that support United States efforts

10 in Iraq:’’; and

11 (2) in the last proviso, striking ‘‘2004’’ and in12 serting in lieu thereof ‘‘2005’’.

13 SEC. 2306. Public Law 107–57 is amended—

14 (1) in section 1(b), by striking ‘‘2003’’ wherever

15 appearing (including in the caption), and inserting

16 in lieu thereof ‘‘2004’’;

17 (2) in section 3(2), by striking ‘‘Foreign Oper18 ations, Export Financing, and Related Programs Ap19 propriations Act, 2002, as is’’ and inserting in lieu

20 thereof ‘‘annual foreign operations, export financing,

21 and related programs appropriations Acts for fiscal

22 years 2002, 2003, and 2004, as are’’; and

23 (3) in section 6, by striking ‘‘2003’’ and insert24 ing in lieu thereof ‘‘2004’’.
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1 SEC. 2307. Notwithstanding any other provision of

2 law, the Overseas Private Investment Corporation is au3 thorized to undertake any program authorized by title IV

4 of the Foreign Assistance Act of 1961 in Iraq.

5 SEC. 2308. Funds appropriated by chapter 2 of this

6 title under the headings ‘‘Economic Support Fund’’, ‘‘Inter7 national Narcotics Control and Law Enforcement’’, Peace8 keeping Operations’’, and ‘‘ Foreign Military Financing

9 Program’’ shall be subject to the regular notification proce10 dures of the Committees on Appropriations.

11 SEC. 2309. (a) The Coalition Provisional Authority

12 (CPA) shall, on a monthly basis, submit a report to the

13 Committees on Appropriations which details, for the pre14 ceding month, Iraqi oil production and oil revenues, and

15 uses of such revenues.

16 (b) The first report required by subsection (a) shall be

17 submitted not later than 30 days after enactment of this

18 Act.

19 (c) The reports required by this section shall also be

20 made publicly available in both English and Arabic, in21 cluding through the CPA’s Internet website.

22 SEC. 2310. (a) REPORTS OF COALITION PROVISIONAL

23 AUTHORITY.—Not later than January 1, 2004, and every

24 90 days thereafter, the Administrator of the Coalition Pro25 visional Authority (CPA) shall submit to the Committees
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1 on Appropriations and Armed Services of the Senate and

2 the House of Representatives a report on all obligations,

3 expenditures, and revenues associated with reconstruction,

4 rehabilitation, and security activities in Iraq during the

5 preceding 90 days, including the following:

6 (1) Obligations and expenditures of appropriated

7 funds.

8 (2) A project-by-project and program-by-pro9 gram accounting of the costs incurred to date for the

10 reconstruction of Iraq, together with the estimate of

11 the Authority of the costs to complete each project and

12 each program.

13 (3) Revenues attributable to or consisting of

14 funds provided by foreign nations or international or15 ganizations, and any obligations or expenditures of

16 such revenues.

17 (4) Revenues attributable to or consisting of for18 eign assets seized or frozen, and any obligations or ex19 penditures of such revenues.

20 (5) Operating expenses of the Authority and of

21 any other agencies or entities receiving funds appro22 priated by title.

23 (b) COMPTROLLER GENERAL AUDIT, INVESTIGATIONS,

24 AND REPORTS.—(1) The Comptroller General of the United

25 States shall conduct an on-going audit of the Coalition Pro-
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1 visional Authority, and may conduct such additional inves2 tigations as the Comptroller General, in consultation with

3 the Committees on Appropriations, considers appropriate,

4 to evaluate the reconstruction, rehabilitation, and security

5 activities in Iraq.

6 (2) In conducting the audit and any investigations

7 under paragraph (1), the Comptroller General shall have

8 access to any information and records created or main9 tained by the Authority, or by any other entity receiving

10 appropriated funds for reconstruction, rehabilitation, or se11 curity activities in Iraq, that the Comptroller General con12 siders appropriate to conduct the audit or investigations.

13 (3) Not later than 120 days after the date of the enact14 ment of this Act, the Comptroller General shall submit to

15 the Committees on Appropriations and Armed Services of

16 the Senate and the House of Representatives a report on

17 the audit and any investigations conducted under para18 graph (1). The report shall include information as follows:

19 (A) A detailed description of the organization

20 and authorities of the Authority.

21 (B) A detailed description of the relationship be22 tween the Authority and other Federal agencies, in23 cluding the Department of Defense, the Department of

24 State, the Executive Office of the President, and the

25 National Security Council.
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1 (C) A detailed description of the extent of the use

2 of private contractors to assist in Authority oper3 ations and to carry out reconstruction, rehabilitation,

4 or security activities in Iraq, including an assessment

5 of—

6 (i) the nature of the contract vehicles used

7 to perform the work, including the extent of com8 petition used in entering into the contracts and

9 the amount of profit provided in the contracts;

10 (ii) the nature of the task orders or other

11 work orders used to perform the work, including

12 the extent to which performance-based, cost13 based, and fixed-price task orders were used;

14 (iii) the reasonableness of the rates charged

15 by such contractors, including an assessment of

16 the impact on rates of a greater reliance on Iraqi

17 labor or other possible sources of supply;

18 (iv) the extent to which such contractors

19 performed work themselves and, to the extent that

20 subcontractors were utilized, how such sub21 contractors were selected; and

22 (v) the extent to which the Authority or

23 such contractors relied upon consultants to assist

24 in projects or programs, the amount paid for

25 such consulting services, and whether such con-
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1 sulting services were obtained pursuant to full

2 and open competition.

3 (D) A detailed description of the measures adopt4 ed by the Authority and other Federal agencies to

5 monitor and prevent waste, fraud, and abuse in the

6 expenditure of appropriated funds in the carrying out

7 of reconstruction, rehabilitation, and security activi8 ties in Iraq.

9 (E) A certification by the Comptroller General

10 as to whether or not the Comptroller General had ade11 quate access to relevant information to make informed

12 judgments on the matters covered by the report.

13 (4) The Comptroller General shall from time to time

14 submit to the Committees on Appropriations and Armed

15 Services of the Senate and the House of Representatives a

16 supplemental report on the audit, and any further inves17 tigations, conducted under paragraph (1). Each such report

18 shall include such updates of the previous reports under this

19 subsection as the Comptroller General considers appropriate

20 to keep Congress fully and currently apprised on the recon21 struction, rehabilitation, and security activities in Iraq.

22 SEC. 2311. None of the funds made available by this

23 Act or any unexpended funds provided in Public Law 108–

24 11 may be made available to pay any costs associated with
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1 debts incurred by the former government of Saddam Hus2 sein.

3 SEC. 2312. Title III of Public Law 107–327 is amend4 ed as follows by inserting the following new section:

5 ‘‘SEC. 304. REPORTS.

6 ‘‘The Secretary of State shall submit reports to the

7 Committees on Foreign Relations and Appropriations of the

8 Senate, and the Committees on International Relations and

9 Appropriations of the House of Representatives on progress

10 made in accomplishing the ‘Purposes of Assistance’ set forth

11 in section 102 of this Act utilizing assistance provided by

12 the United States for Afghanistan. The first report shall be

13 submitted no later than December 31, 2003, and subsequent

14 reports shall be submitted in conjunction with reports re15 quired under section 303 of this title and thereafter through

16 December 31, 2004.’’.

17 SEC. 2313. (a) NEW OFFENSE.—

18 (1) IN GENERAL.—Chapter 47 of title 18, 5

19 United States Code, is amended by adding at the end

20 the following:

21 ‘‘SEC. 1037. WAR PROFITEERING AND FRAUD RELATING TO

22 MILITARY ACTION, RELIEF, AND RECON23 STRUCTION EFFORTS IN IRAQ.

24 ‘‘(a) Whoever, in any matter involving a contract or

25 the provision of goods or services, directly or indirectly, in
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1 connection with the war, military action, or relief or recon2 struction activities in Iraq, knowingly and willfully—

3 ‘‘(1) executes or attempts to execute a scheme or

4 artifice to defraud the United States or Iraq;

5 ‘‘(2) falsifies, conceals, or covers up by any trick,

6 scheme or device a material fact;

7 ‘‘(3) makes any materially false, fictitious, or

8 fraudulent statements or representations, or makes or

9 uses any materially false writing or document know10 ing the same to contain any materially false, ficti11 tious, or fraudulent statement or entry; or

12 ‘‘(4) materially overvalues any good or service

13 with the specific intent to excessively profit from the

14 war, military action, or relief or reconstruction ac15 tivities in Iraq;

16 shall be fined not more than $1,000,000 or imprisoned not

17 more than 20 years, or both. In lieu of a fine otherwise

18 authorized by this section, a defendant who derives profits

19 or other proceeds from an offense under this section may

20 be fined not more than twice the gross profits or other pro21 ceeds.

22 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is

23 extraterritorial Federal jurisdiction over an offense under

24 this section.
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1 ‘‘(c) VENUE.—A prosecution for an offense under this

2 section may be brought—

3 ‘‘(1) as authorized by Chapter 211 of Title 18;

4 ‘‘(2) in any district where any act in further5 ance of the offense took place; or

6 ‘‘(3) in any district where any party to the con7 tract or provider of goods or services is located.’’.

8 (2) CHAPTER ANALYSIS.—The chapter analysis

9 for chapter 47 of title 18, United States Code, is

10 amended by inserting at the end the following:

‘‘1037. War profiteering and fraud relating to military action, relief, and reconstruction efforts in Iraq.’’

11 (b) FORFEITURE.—Section 981(a)(1)(C) of title 18,

12 United States Code, is amended by inserting after ‘‘1032,’’

13 the following: ‘‘1037,’’.

14 (c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of

15 title 18, United States Code, is amended by inserting before

16 ‘‘, section 1111’’ the following: ‘‘, section 1037 War Profit17 eering and Fraud Relating to Military Action, Relief, and

18 Reconstruction Efforts in Iraq)’’.

19 (d) EXPIRATION OF AUTHORITIES.—The authorities

20 contained in this amendment shall expire upon the date

21 that major combat operations in Iraq cease and desist, the

22 Coalition Provisional Authority transfers responsibility for

23 governing Iraq to an indigenous Iraqi government, and a

24 U.S. mission to Iraq, under the direction and guidance of
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1 the Secretary of State, is responsible for U.S. assistance ef2 forts in Iraq.

3 SEC. 2314. Not later than 120 days after the date of

4 the enactment of this Act, the President shall submit to Con5 gress a report on the efforts of the Government of the United

6 States to increase the resources contributed by foreign coun7 tries and international organizations to the reconstruction

8 of Iraq and the feasibility of repayment of funds contributed

9 for infrastructure projects in Iraq. The report shall

10 include—

11 (1) a description of efforts by the Government of

12 the United States to increase the resources contributed

13 by foreign countries and international organizations

14 to the reconstruction of Iraq;

15 (2) an accounting of the funds contributed to as16 sist in the reconstruction of Iraq, disaggregated by

17 donor;

18 (3) an assessment of the effect that—

19 (A) the bilateral debts incurred during the

20 regime of Saddam Hussein have on Iraq’s abil21 ity to finance essential programs to rebuild in22 frastructure and restore critical public services,

23 including health care and education, in Iraq;

24 and
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1 (B) forgiveness of such debts would have on

2 the reconstruction and long-term prosperity in

3 Iraq;

4 (4) a description of any commitment by a for5 eign country or international organization to forgive

6 any part of a debt owed by Iraq if such debt was in7 curred during the regime of Saddam Hussein; and

8 (5) an assessment of the feasibility of repayment

9 by Iraq—

10 (A) of bilateral debts incurred during the

11 regime of Saddam Hussein; and

12 (B) of the funds contributed by the United

13 States to finance infrastructure projects in Iraq.

14 SEC. 2315. (a) Not later than April 30, 2004, the Sec15 retary of Defense shall submit a certification to Congress

16 of the amount that Iraq will pay, or that will be paid on

17 behalf of Iraq, during fiscal year 2004 to a foreign country

18 to service a debt incurred by Iraq during the regime of Sad19 dam Hussein, including any amount used for the payment

20 of principal, interest, or fees associated with such debt. Such

21 certification shall include—

22 (1) the actual amount spent for such purpose

23 during the period from October 1, 2003 through

24 March 31, 2004; and
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1 (2) the estimated amount that the Secretary rea2 sonably believes will be used for such purpose during

3 the period from April 1, 2004 through September 30,

4 2004.

5 (b) On May 1, 2004, the Director of the Office of Man6 agement and Budget shall administratively reserve, out of

7 the unobligated balance of the funds appropriated in this

8 title under the subheading ‘‘IRAQ RELIEF AND RECON9 STRUCTION FUND’’ under the heading ‘‘OTHER BILAT10 ERAL ECONOMIC ASSISTANCE FUNDS APPRO11 PRIATED TO THE PRESIDENT’’, the amount that is

12 equal to the sum of the amount certified under paragraph

13 (1) of subsection (a) and the estimated amount certified

14 under paragraph (2) of such subsection. The amount so re15 served may not be obligated or expended on or after such

16 date.

17 (c) The Director of the Office of Management and

18 Budget shall impose such restrictions and conditions as the

19 Director determines necessary to ensure that, in the appor20 tionment of amounts appropriated as described in sub21 section (b), the balance of the total amount so appropriated

22 that remains unobligated on May 1, 2004, exceeds the

23 amount that is to be reserved under subsection (b).

24 (d) It is the sense of Congress that each country that

25 is owed a debt by Iraq that was incurred during the regime
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1 of Saddam Hussein should forgive such debt, including any

2 amount owed by Iraq for the principal, interest, and fees

3 associated with such debt.

4 SEC. 2316. (a) Congress finds that—

5 (1) in a speech delivered to the United Nations

6 on September 23, 2003, President George W. Bush ap7 pealed to the international community to take action

8 to make the world a safer and better place;

9 (2) in that speech, President Bush emphasized

10 the responsibility of the international community to

11 help the people of Iraq rebuild their country into a

12 free and democratic state;

13 (3) for a plan for Iraq’s future to be appropriate,

14 the provisions of that plan must be consistent with

15 the best interests of the Iraqi people;

16 (4) premature self-government could make the

17 Iraqi state inherently weak and could serve as an in18 vitation for terrorists to sabotage the development of

19 a democratic, economically prosperous Iraq.

20 (b) It is the sense of Congress that—

21 (1) arbitrary deadlines should not be set for the

22 dissolution of the Coalition Provisional Authority or

23 the transfer of its authority to an Iraqi governing au24 thority; and
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1 (2) no such dissolution or transfer of authority

2 should occur until the ratification of an Iraqi con3 stitution and the establishment of an elected govern4 ment in Iraq.

5 SEC. 2317. GENERAL ACCOUNTING OFFICE REVIEW.

6 (a) The Comptroller General of the United States shall—

7 (1) review the effectiveness of relief and recon8 struction activities conducted by the Coalition Provi9 sional Authority (hereafter in this section ‘‘CPA’’)

10 from funds made available under the ‘‘Iraq Relief and

11 Reconstruction Fund’’ in this title, including by pro12 viding analyses of—

13 (A) the degree to which the CPA is meeting

14 the relief and reconstruction goals and objectives

15 in the major sectors funded under this title, and

16 is enhancing indigenous capabilities;

17 (B) compliance by the CPA and the Govern18 ment departments with Federal laws governing

19 competition in contracting; and

20 (C) the degree to which the CPA is expend21 ing funds economically and efficiently, including

22 through use of local contractors;

23 (2) report quarterly to the appropriate congres24 sional committees on the results of the review con25 ducted under paragraph (1).
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1 (b) In this section, the term ‘‘appropriate congressional

2 committees’’ means—

3 (1) the Committees on Appropriations, Armed

4 Services, and Foreign Relations of the Senate; and

5 (2) the Committees on Appropriations, Armed

6 Services, and International Relations of the House of

7 Representatives.

8 SEC. 2318. None of the funds appropriated or other9 wise made available by this Act under the heading ‘‘IRAQ

10 RELIEF AND RECONSTRUCTION FUND’’, or under any other

11 heading, may be obligated or expended for the purpose of

12 arming, training, or employing individuals under the age

13 of 18 years for the Facilities Protection Service, to carry

14 out any function similar to the functions performed by the

15 Service, or for any other security force.

16 SEC. 2319. (a) Of the amounts appropriated under the

17 subheading ‘‘IRAQ RELIEF AND RECONSTRUCTION FUND’’—

18 (1) the $5,136,000,000 allocated for security, in19 cluding public safety requirements, national security,

20 and justice shall be used to rebuild Iraq’s security

21 services;

22 (2) $5,168,000,000 shall be available for the pur23 poses, other than security, set out under such sub24 heading; and
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1 (3) $10,000,000,000 shall be available to the

2 President to use as loans to Iraq for the purposes,

3 other than security, set out under such subheading

4 until the date on which the President submits the cer5 tification described in subsection (c).

6 (b) The President shall submit a notification to Con7 gress if, of the amounts referred to in paragraphs (1) and

8 (2) of subsection (a), an amount in excess of $250,000,000

9 is used for any single purpose in Iraq.

10 (c)(1) The certification referred to in subsection (a)(3)

11 is a certification submitted to Congress by the President

12 stating that not less than 90 percent of the total amount

13 of the bilateral debt incurred by the regime of Saddam Hus14 sein has been forgiven by the countries owed such debt.

15 (2) On the date that the President submits the certifi16 cation described in paragraph (1)—

17 (A) the unobligated balance of the

18 $10,000,000,000 referred to in subsection (a)(3) may

19 be obligated and expended with no requirement that

20 such amount be provided as loans to Iraq; and

21 (B) the President may waive repayment of any

22 amount made as a loan under subsection (a)(3) prior

23 to such date.

24 (d) The head of the Coalition Provisional Authority

25 shall ensure that the amounts appropriated under the sub-
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1 heading ‘‘IRAQ RELIEF AND RECONSTRUCTION FUND’’, are

2 expended, whether by the United States or by the Governing

3 Counsel in Iraq, for the purposes set out under such sub4 heading and in a manner that the head of the Coalition

5 Provisional Authority does not find objectionable.

6 (e) It is the sense of Congress that each country that

7 is owed bilateral debt by Iraq that was incurred by the re8 gime of Saddam Hussein should—

9 (1) forgive such debt; and

10 (2) provide robust amounts of reconstruction aid

11 to Iraq during the conference of donors scheduled to

12 begin on October 23, 2003, in Madrid, Spain and

13 during other conferences of donors of foreign aid.

14 (f) In this section:

15 (1) The term ‘‘amounts appropriated under the

16 subheading ‘IRAQ RELIEF AND RECONSTRUCTION

17 FUND’ ’’ means the amounts appropriated by chapter

18 2 of this title under the subheading ‘‘IRAQ RELIEF

19 AND RECONSTRUCTION FUND’’ under the heading

20 ‘‘OTHER BILATERAL ECONOMIC ASSISTANCE

21 FUNDS APPROPRIATED TO THE PRESIDENT’’.

22 (2) The term ‘‘Coalition Provisional Authority’’

23 means the entity charged by the President with di24 recting reconstruction efforts in Iraq.

25 SEC. 2320. (a) Congress makes the following findings:
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1 (1) A coalition of allied countries led by the

2 United States entered Iraq on March 19, 2003, to lib3 erate the people of Iraq from the tyrannical rule of

4 Saddam Hussein and the Baathist party and to re5 move a threat to global security and stability.

6 (2) Achieving stability in Iraq will require sub7 stantial monetary investments to develop a secure en8 vironment and improve the physical infrastructure.

9 (3) A stable and prosperous Iraq is important to

10 peace and economic development in the Middle East

11 and elsewhere.

12 (4) As of October 2003, the United States has

13 provided the majority of the personnel and financial

14 contributions to the effort to rebuild Iraq.

15 (5) Congress fully supports efforts to establish a

16 stable economic, social, and political environment in

17 Iraq.

18 (6) The President is currently seeking to increase

19 global participation in the effort to stabilize and re20 construct Iraq.

21 (7) While the United States should aid the people

22 of Iraq, the participation of the people of Iraq in the

23 reconstruction effort is essential for the success of such

24 effort.
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1 (b) It is the sense of Congress that the President

2 should—

3 (1) make every effort to increase the level of fi4 nancial commitment from other nations to improve

5 the physical, political, economic, and social infra6 structure of Iraq; and

7 (2) seek to provide aid from the United States to

8 Iraq in a manner that promotes economic growth in

9 Iraq and limits the long-term cost to taxpayers in the

10 United States.

11 SEC. 2321. (a) INITIAL REPORT ON RELIEF AND RE12 CONSTRUCTION.—Not later than 60 days after the date of

13 enactment of this Act, the President shall submit to Con14 gress a report on the United States strategy for activities

15 related to post-conflict security, humanitarian assistance,

16 governance, and reconstruction to be undertaken as a result

17 of Operation Iraqi Freedom. The report shall include infor18 mation on the following:

19 (1) The distribution of duties and responsibilities

20 regarding such activities among the agencies of the

21 United States Government, including the Department

22 of State, the United States Agency for International

23 Development, and the Department of Defense.

24 (2) A plan describing the roles and responsibil25 ities of foreign governments and international organi-
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1 zations, including the United Nations, in carrying

2 out such activities.

3 (3) A strategy for coordinating such activities

4 among the United States Government, foreign govern5 ments, and international organizations, including the

6 United Nations.

7 (4) A strategy for distributing the responsibility

8 for paying costs associated with reconstruction activi9 ties in Iraq among the United States Government,

10 foreign governments, and international organizations,

11 including the United Nations, and for actions to be

12 taken by the President to secure increased inter13 national participation in peacekeeping and security

14 efforts in Iraq.

15 (5) A comprehensive strategy for completing the

16 reconstruction of Iraq, estimated timelines for the

17 completion of significant reconstruction milestones,

18 and estimates for Iraqi oil production.

19 (b) SUBSEQUENT REPORTS ON RELIEF AND RECON20 STRUCTION.—(1) Not later than 60 days after the submittal

21 of the report required by subsection (a), and every 60 days

22 thereafter until all funds provided by this title are ex23 pended, the President shall submit to Congress a report that

24 includes information as follows:
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1 (A) A list of all activities undertaken related to

2 reconstruction in Iraq, and a corresponding list of the

3 funds obligated in connection with such activities,

4 during the preceding 60 days.

5 (B) A list of the significant activities related to

6 reconstruction in Iraq that the President anticipates

7 initiating during the ensuing 60-day period,

8 including—

9 (i) the estimated cost of carrying out the

10 proposed activities; and

11 (ii) the source of the funds that will be used

12 to pay such costs.

13 (C) Updated strategies, objectives, and timelines

14 if significant changes are proposed regarding matters

15 included in the report required under subsection (a),

16 or in any previous report under this subsection.

17 (2) Each report under this subsection shall include in18 formation on the following:

19 (A) The expenditures for, and progress made to20 ward, the restoration of basic services in Iraq such as

21 water, electricity, sewer, oil infrastructure, a national

22 police force, an Iraqi army, and judicial systems.

23 (B) The significant goals intended to be achieved

24 by such expenditures.
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1 (C) The progress made toward securing increased

2 international participation in peacekeeping efforts

3 and in the economic and political reconstruction of

4 Iraq.

5 (D) The progress made toward securing Iraqi

6 borders.

7 (E) The progress made toward securing self-gov8 ernment for the Iraqi people and the establishment of

9 a democratically elected government.

10 (F) The progress made in securing and elimi11 nating munitions caches, unexploded ordinance, and

12 excess military equipment in Iraq.

13 (G) The measures taken to protect United States

14 troops serving in Iraq.

15 SEC. 2322. REQUIREMENTS RELATING TO UNITED

16 STATES ACTIVITIES IN AFGHANISTAN AND IRAQ. (a) GOV17 ERNANCE.—Activities carried out by the United States with

18 respect to the civilian governance of Afghanistan and Iraq

19 shall, to the maximum extent practicable—

20 (1) include the perspectives and advice of wom21 en’s organizations in Afghanistan and Iraq, respec22 tively;

23 (2) promote the inclusion of a representative

24 number of women in future legislative bodies to en25 sure that the full range of human rights for women
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1 are included and upheld in any constitution or legal

2 institution of Afghanistan and Iraq, respectively; and

3 (3) encourage the appointment of women to high

4 level positions within ministries in Afghanistan and

5 Iraq, respectively.

6 (b) POST-CONFLICT RECONSTRUCTION AND DEVELOP7 MENT.—Activities carried out by the United States with re8 spect to post-conflict stability in Afghanistan and Iraq

9 shall, to the maximum extent practicable—

10 (1) encourage the United States organizations

11 that receive funds made available by this Act to—

12 (A) partner with or create counterpart or13 ganizations led by Afghans and Iraqis, respec14 tively; and

15 (B) to provide such counterpart organiza16 tions with significant financial resources, tech17 nical assistance, and capacity building;

18 (2) increase the access of women to, or ownership

19 by women of, productive assets such as land, water,

20 agricultural inputs, credit, and property in Afghani21 stan and Iraq, respectively;

22 (3) provide long-term financial assistance for

23 education for girls and women in Afghanistan and

24 Iraq, respectively; and
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1 (4) integrate education and training programs

2 for former combatants in Afghanistan and Iraq, re3 spectively, with economic development programs to—

4 (A) encourage the reintegration of such

5 former combatants into society; and

6 (B) promote post-conflict stability in Af7 ghanistan and Iraq, respectively.

8 (c) MILITARY AND POLICE.—Activities carried out by

9 the United States with respect to training for military and

10 police forces in Afghanistan and Iraq shall—

11 (1) include training on the protection, rights,

12 and particular needs of women and emphasize that

13 violations of women’s rights are intolerable and

14 should be prosecuted; and

15 (2) encourage the personnel providing the train16 ing described in paragraph (1) to consult with wom17 en’s organizations in Afghanistan and Iraq, respec18 tively, to ensure that training content and materials

19 are adequate, appropriate, and comprehensive.

20 TITLE III—LEAVE FOR MILITARY FAMILIES

21 SEC. 3001. SHORT TITLE. This title may be cited as

22 the ‘‘Military Families Leave Act of 2003’’.

23 SEC. 3002. GENERAL REQUIREMENTS FOR LEAVE. (a)

24 ENTITLEMENT TO LEAVE.—Section 102(a) of the Family
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1 and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is

2 amended by adding at the end the following:

3 ‘‘(3) ENTITLEMENT TO LEAVE DUE TO FAMILY

4 MEMBER’S ACTIVE DUTY.—

5 ‘‘(A) IN GENERAL.—Subject to section

6 103(f), an eligible employee shall be entitled to a

7 total of 12 workweeks of leave during any 12-

8 month period because a spouse, son, daughter, or

9 parent of the employee is a member of the Armed

10 Forces—

11 ‘‘(i) on active duty in support of a

12 contingency operation; or

13 ‘‘(ii) notified of an impending call or

14 order to active duty in support of a contin15 gency operation.

16 ‘‘(B) CONDITIONS AND TIME FOR TAKING

17 LEAVE.—An eligible employee shall be entitled to

18 take leave under subparagraph (A)—

19 ‘‘(i) while the employee’s spouse, son,

20 daughter, or parent (referred to in the sub21 paragraph as the ‘family member’) is on ac22 tive duty in support of a contingency oper23 ation, and, if the family member is a mem24 ber of a reserve component of the Armed

25 Forces, beginning when such family member
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1 receives notification of an impending call or

2 order to active duty in support of a contin3 gency operation; and

4 ‘‘(ii) only for issues relating to or re5 sulting from such family member’s—

6 ‘‘(I) service on active duty in sup7 port of a contingency operation; and

8 ‘‘(II) if a member of a reserve

9 component of the Armed Forces—

10 ‘‘(aa) receipt of notification

11 of an impending call or order to

12 active duty in support of a con13 tingency operation; and

14 ‘‘(bb) service on active duty

15 in support of such operation.

16 ‘‘(4) LIMITATION.—No employee may take more

17 than a total of 12 workweeks of leave under para18 graphs (1) and (3) during any 12-month period.’’.

19 (b) SCHEDULE.—Section 102(b)(1) of such Act (29

20 U.S.C. 2612(b)(1)) is amended by inserting after the second

21 sentence the following: ‘‘Leave under subsection (a)(3) may

22 be taken intermittently or on a reduced leave schedule.’’.

23 (c) SUBSTITUTION OF PAID LEAVE.—Section

24 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is
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1 amended by inserting ‘‘or subsection (a)(3)’’ after ‘‘sub2 section (a)(1)’’.

3 (d) NOTICE.—Section 102(e) of such Act (29 U.S.C.

4 2612(e)) is amended by adding at the end the following:

5 ‘‘(3) NOTICE FOR LEAVE DUE TO FAMILY MEM6 BER’S ACTIVE DUTY.—An employee who intends to

7 take leave under subsection (a)(3) shall provide such

8 notice to the employer as is practicable.’’.

9 (e) CERTIFICATION.—Section 103 of such Act (29

10 U.S.C. 2613) is amended by adding at the end the following:

11 ‘‘(f) CERTIFICATION FOR LEAVE DUE TO FAMILY

12 MEMBER’S ACTIVE DUTY.—An employer may require that

13 a request for leave under section 102(a)(3) be supported by

14 a certification issued at such time and in such manner as

15 the Secretary may by regulation prescribe.’’.

16 SEC. 3003. LEAVE FOR CIVIL SERVICE EMPLOYEES.

17 (a) ENTITLEMENT TO LEAVE.—Section 6382(a) of title 5,

18 United States Code, is amended by adding at the end the

19 following:

20 ‘‘(3)(A) Subject to section 6383(f), an eligible

21 employee shall be entitled to a total of 12 workweeks

22 of leave during any 12-month period because a

23 spouse, son, daughter, or parent of the employee is a

24 member of the Armed Forces—
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1 ‘‘(i) on active duty in support of a contin2 gency operation; or

3 ‘‘(ii) notified of an impending call or order

4 to active duty in support of a contingency oper5 ation.

6 ‘‘(B) An eligible employee shall be entitled to

7 take leave under subparagraph (A)—

8 ‘‘(i) while the employee’s spouse, son,

9 daughter, or parent (referred to in the subpara10 graph as the ‘family member’) is on active duty

11 in support of a contingency operation, and, if

12 the family member is a member of a reserve com13 ponent of the Armed Forces, beginning when

14 such family member receives notification of an

15 impending call or order to active duty in sup16 port of a contingency operation; and

17 ‘‘(ii) only for issues relating to or resulting

18 from such family member’s—

19 ‘‘(I) service on active duty in support

20 of a contingency operation; and

21 ‘‘(II) if a member of a reserve compo22 nent of the Armed Forces—

23 ‘‘(aa) receipt of notification of an

24 impending call or order to active duty
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1 in support of a contingency operation;

2 and

3 ‘‘(bb) service on active duty in

4 support of such operation.

5 ‘‘(4) No employee may take more than a total of

6 12 workweeks of leave under paragraphs (1) and (3)

7 during any 12-month period.’’.

8 (b) SCHEDULE.—Section 6382(b)(1) of such title is

9 amended by inserting after the second sentence the fol10 lowing: ‘‘Leave under subsection (a)(3) may be taken inter11 mittently or on a reduced leave schedule.’’.

12 (c) SUBSTITUTION OF PAID LEAVE.—Section 6382(d)

13 of such title is amended by inserting ‘‘or subsection (a)(3)’’

14 after ‘‘subsection (a)(1)’’.

15 (d) NOTICE.—Section 6382(e) of such title is amended

16 by adding at the end the following:

17 ‘‘(3) An employee who intends to take leave

18 under subsection (a)(3) shall provide such notice to

19 the employing agency as is practicable.’’.

20 (e) CERTIFICATION.—Section 6383 of such title is

21 amended by adding at the end the following:

22 ‘‘(f) An employing agency may require that a request

23 for leave under section 6382(a)(3) be supported by a certifi24 cation issued at such time and in such manner as the Office

25 of Personnel Management may by regulation prescribe.’’.
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1 TITLE IV—DEPARTMENT OF VETERANS AFFAIRS

2 VETERANS HEALTH ADMINISTRATION

3 MEDICAL CARE

4 For an additional amount for medical care and related

5 activities under this heading for fiscal year 2004,

6 $1,300,000,000, to remain available until September 30,

7 2005.

8 TITLE V—GENERAL PROVISION, THIS ACT

9 SEC. 5001. Not later than 30 days after the date of

10 the enactment of this Act, and every 90 days thereafter until

11 December 31, 2007, the President shall submit to each Mem12 ber of Congress a report on the projected total costs of

13 United States operations in Iraq, including military oper14 ations and reconstruction efforts, through fiscal year 2008.

15 The President shall include in each report after the initial

16 report an explanation of any change in the total projected

17 costs since the previous report.

18 SEC. 5002. The amounts provided in this Act are des19 ignated by the Congress as an emergency requirement pur20 suant to section 502 of H. Con. Res. 95 (108th Congress).

21 SEC. 5003. (a) None of the funds appropriated by this

22 Act may be obligated or expended by the head of an execu23 tive agency for payments under any contract or other agree24 ment described in subsection (b) that is not entered into

25 with full and open competition unless, not later than 30
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1 days after the date on which the contract or other agreement

2 is entered into, such official—

3 (1) submits a report on the contract or other

4 agreement to the Committees on Armed Services, on

5 Governmental Affairs, and on Appropriations of the

6 Senate, and the Committees on Armed Services, on

7 Government Reform, and on Appropriations of the

8 House of Representatives; and

9 (2) publishes such report in the Federal Register

10 and the Commerce Business Daily.

11 (b) This section applies to any contract or other agree12 ment in excess of $1,000,000 that is entered into with any

13 public or private sector entity for any of the following pur14 poses:

15 (1) To build or rebuild physical infrastructure of

16 Iraq.

17 (2) To establish or reestablish a political or soci18 etal institution of Iraq.

19 (3) To provide products or services to the people

20 of Iraq.

21 (4) To perform personnel support services in

22 Iraq, including related construction and procurement

23 of products, in support of members of the Armed

24 Forces and United States civilian personnel.
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1 (c) The report on a contract or other agreement of an

2 executive agency under subsection (a) shall include the fol3 lowing information:

4 (1) The amount of the contract or other agree5 ment.

6 (2) A brief discussion of the scope of the contract

7 or other agreement.

8 (3) A discussion of how the executive agency

9 identified, and solicited offers from, potential contrac10 tors to perform the contract, together with a list of the

11 potential contractors that were issued solicitations for

12 the offers.

13 (4) The justification and approval documents on

14 which was based the determination to use procedures

15 other than procedures that provide for full and open

16 competition.

17 (d) The limitation on use of funds in subsection (a)

18 shall not apply in the case of any contract or other agree19 ment entered into by the head of an executive agency for

20 which such official—

21 (1) either—

22 (A) withholds from publication and disclo23 sure as described in such subsection any docu24 ment or other collection of information that is

25 classified for restricted access in accordance with
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1 an Executive order in the interest of national de2 fense or foreign policy; or

3 (B) redacts any part so classified that is in

4 a document or other collection of information not

5 so classified before publication and disclosure of

6 the document or other information as described

7 in such subsection; and

8 (2) transmits an unredacted version of the docu9 ment or other collection of information, respectively,

10 to the chairman and ranking member of each of the

11 Committees on Governmental Affairs and on Appro12 priations of the Senate, the Committees on Govern13 ment Reform and on Appropriations of the House of

14 Representatives, and the committees that the head of

15 such executive agency determines has legislative juris16 diction for the operations of such executive agency to

17 which the document or other collection of information

18 relates.

19 (e)(1)(A) In the case of any contract or other agree20 ment for which the Secretary of Defense determines that it

21 is necessary to do so in the national security interests of

22 the United States, the Secretary may waive the limitation

23 in subsection (a), but only on a case-by-case basis.

24 (B) For each contract or other agreement for which

25 the Secretary of Defense grants a waiver under this para-
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1 graph, the Secretary shall submit a notification of the con2 tract or other agreement and the grant of the waiver, to3 gether with a discussion of the justification for the waiver,

4 to the committees of Congress named in subsection (a)(1).

5 (2)(A) In the case of any contract or other agreement

6 for which the Director of Central Intelligence determines

7 that it is necessary to do so in the national security inter8 ests of the United States related to intelligence, the Director

9 may waive the limitation in subsection (a), but only on

10 a case-by-case basis.

11 (B) For each contract or other agreement for which

12 the Director of Central Intelligence grants a waiver under

13 this paragraph, the Director shall submit a notification of

14 the contract or other agreement and of the grant of the waiv15 er, together with a discussion of the justification for the

16 waiver, to the Select Committee on Intelligence, the Com17 mittee on Appropriations, and the Committee on Govern18 mental Affairs of the Senate and to the Permanent Select

19 Committee on Intelligence, the Committee on Appropria20 tions, and the Committee on Governmental Reform of the

21 House of Representatives.

22 (f) Nothing in this section shall be construed as affect23 ing obligations to disclose United States Government infor24 mation under any other provision of law.

25 (g) In this section—
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1 (1) the term ‘‘full and open competition’’ has the

2 meaning given such term in section 4 of the Office of

3 Federal Procurement Policy Act (41 U.S.C. 403);

4 (2) the term ‘‘executive agency’’ has the meaning

5 given such term in section 105 of title 5, United

6 States Code, and includes the Coalition Provisional

7 Authority for Iraq; and

8 (3) the term ‘‘Coalition Provisional Authority

9 for Iraq’’ means the entity charged by the President

10 with directing reconstruction efforts in Iraq.

11 SEC. 5004. (a) Congress finds that—

12 (1) Israel is a strategic ally of the United States

13 in the Middle East;

14 (2) Israel recognizes the benefits of a democratic

15 form of government;

16 (3) the policies and activities of the Government

17 of Iraq under the Saddam Hussein regime contrib18 uted to security concerns in the Middle East, espe19 cially for Israel;

20 (4) the Arab Liberation Front was established by

21 Iraqi Baathists, and supported by Saddam Hussein;

22 (5) the Government of Iraq under the Saddam

23 Hussein regime assisted the Arab Liberation Front in

24 distributing grants to the families of suicide bombers;
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1 (6) the Government of Iraq under the Saddam

2 Hussein regime aided Abu Abass, leader of the Pales3 tinian Liberation Front, who was a mastermind of

4 the hijacking of the Achille Lauro, an Italian cruise

5 ship, and is responsible for the death of an American

6 tourist aboard that ship; and

7 (7) Saddam Hussein attacked Israel during the

8 1990-1991 Persian Gulf War by launching 39 Scud

9 missiles into that country and thereby causing mul10 tiple casualties.

11 (b) It is the sense of Congress that the removal of the

12 Government of Iraq under Saddam Hussein enhanced the

13 security of Israel and other United States allies.

14 SEC. 5005. (a) The Comptroller General shall conduct

15 studies on the effectiveness and efficiency of the administra16 tion and performance of contracts in excess of $40,000,000

17 that are performed or are to be performed in, or relating

18 to, Iraq and are paid out of funds made available under

19 this Act or the Emergency Wartime Supplemental Appro20 priations Act, 2003 (Public Law 108–11). The studies shall

21 specifically examine the profits, administrative overhead,

22 management fees, and related expenditures for the manage23 ment of subcontracts (and further subcontracting) under

24 any such contract. In conducting studies under this section,

25 the Comptroller General shall have access to any informa-
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1 tion and records created or maintained by the United

2 States, or by any entity receiving funds for contracts stud3 ied under this section that the Comptroller General con4 siders appropriate.

5 (b) Not later than 6 months after the date of enactment

6 of this Act and again 4 months thereafter, the Comptroller

7 Government shall submit to the Committees on Appropria8 tions of the Senate and the House of Representatives a re9 port that includes—

10 (1) an evaluation of the studies conducted under

11 this section; and

12 (2) any recommendations for the improvement of

13 the contracting process for contracts performed or to

14 be performed in Iraq and for contracts generally, in15 cluding the selection process, contract content, and

16 oversight of the administration and performance of

17 contracts.

18 SEC. 5006. Section 1605 of title 28, United States

19 Code, is amended by adding a new subsection (h) as follows:

20 ‘‘(h) Notwithstanding any provision of the Algiers Ac21 cords, or any other international agreement, any United

22 States citizen held hostage during the period between 1979

23 and 1981, and their spouses and children at the time, shall

24 have a claim for money damages against a foreign state

25 for personal injury that was caused by the foreign state’s
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1 act of torture or hostage taking. Any provision in an inter2 national agreement, including the Algiers Accords that pur3 ports to bar such suit is abrogated. This subsection shall

4 apply retroactively to any cause of action cited in section

5 1605(a)(7)(A) of title 28, United States Code.’’.

6 SEC. 5007. (a) The Senate finds the following:

7 (1) When Saddam Hussein came to power in the

8 1970’s Iraq was a prosperous county with no foreign

9 debt and significant foreign cash reserves.

10 (2) Iraq’s reserves were exhausted during the

11 Iran-Iraq War in the 1980’s and Iraq became a debt12 or nation.

13 (3) Today, the debts incurred by Saddam Hus14 sein’s regime are estimated to be as much as

15 $150,000,000,000.

16 (4) A process has been put in place that will es17 tablish a new representative Iraqi government based

18 on a democratic political system with a free market

19 economy. The goal is a prosperous Iraq that is not a

20 threat to its neighbors.

21 (5) For Iraq to be prosperous it must rebuild. In

22 the near term the United States and other donor

23 countries will provide grants to begin the process. In

24 the longer term Iraq must be able to fully participate

25 in the international financial system.
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1 (6) It is impossible for Iraq to borrow funds in

2 international financial markets based on its existing

3 debt. Eliminating that debt will make possible Iraq’s

4 continued rebuilding toward a prosperous and stable

5 nation. A prosperous nation is less likely to be a

6 threat to its neighbors and to be a breeding ground

7 for terrorists. A prosperous Iraq is more likely to be

8 a positive force in the region and participant in the

9 world economy.

10 (b) It is the sense of the Senate that all countries that

11 hold debt from loans to the former Iraqi regime of Saddam

12 Hussein should be urged to forgive their debt.

13 SEC. 5008. (a) FINDINGS.—The Senate finds that—

14 (1) in May 2002, the Federal Bureau of Inves15 tigation (FBI) issued a warning to law enforcement

16 personnel to be alert to the potential use of shoulder17 fired missiles against United States aircraft;

18 (2) in May 2002, Al Qaeda was suspected of fir19 ing a shoulder-fired missile at United States military

20 aircraft near Prince Sultan Air Base in Saudi Ara21 bia;

22 (3) in November 2002, an Israeli commercial jet23 liner was fired upon by a shoulder-fired missile short24 ly after take-off in Mombasa, Kenya;
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1 (4) in August 2003, a weapons smuggler was ar2 rested after agreeing to sell a Russian SA–18 to an

3 undercover FBI agent posing as a Muslim extremist;

4 (5) during recent operations in Iraq, United

5 States commercial airlines—as part of the Civil Re6 serve Air Fleet (CRAF)—flew nearly 2,000 flights

7 carrying United States troops and supplies into Ku8 wait, Saudi Arabia, the United Arab Emirates,

9 Qatar, and Bahrain;

10 (6) no United States commercial airliners are

11 currently equipped with defenses against shoulder12 fired missiles.

13 (b) PRIORITIZATION.—When counter measures against

14 the threat of shoulder-fired missiles are deployed, the Sec15 retary of Homeland Security, in conjunction with the Sec16 retary of Defense and the Secretary of Transportation, shall

17 make it a priority to equip the aircraft enrolled in the Civil

18 Reserve Air Fleet.

19 SEC. 5009. Paragraph (1) of section 1314 of Public

20 Law 108–11 is amended by inserting ‘‘without fiscal year

21 limitation’’ after ‘‘available’’ the first place it appears.
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1 This Act may be cited as the ‘‘Emergency Supple2 mental Appropriations for Iraq and Afghanistan Security

3 and Reconstruction Act, 2004’’.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 3289

AMENDMENT