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connection with the war, military action, or relief or recon-
struction activities in Iraq, knowingly and willfully—
‘‘(1) executes or attempts to execute a scheme or
artifice to defraud the United States or Iraq;
‘‘(2) falsifies, conceals, or covers up by any trick,
scheme or device a material fact;
‘‘(3) makes any materially false, fictitious, or
fraudulent statements or representations, or makes or
uses any materially false writing or document know-
ing the same to contain any materially false, ficti-
tious, or fraudulent statement or entry; or
‘‘(4) materially overvalues any good or service
with the specific intent to excessively profit from the
war, military action, or relief or reconstruction ac-
tivities in Iraq;
shall be fined not more than $1,000,000 or imprisoned not
more than 20 years, or both. In lieu of a fine otherwise
authorized by this section, a defendant who derives profits
or other proceeds from an offense under this section may
be fined not more than twice the gross profits or other pro-
ceeds.
‘‘(b) EXTRATERRITORIAL
JURISDICTION.—There is
extraterritorial Federal jurisdiction over an offense under
this section.
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‘‘(c) VENUE.—A prosecution for an offense under this
section may be brought—
‘‘(1) as authorized by Chapter 211 of Title 18;
‘‘(2) in any district where any act in further-
ance of the offense took place; or
‘‘(3) in any district where any party to the con-
tract or provider of goods or services is located.’’.
(2) CHAPTER ANALYSIS.—The chapter analysis
for chapter 47 of title 18, United States Code, is
amended by inserting at the end the following:
‘‘1037. War profiteering and fraud relating to military action, relief, and recon-
struction efforts in Iraq.’’
(b) FORFEITURE.—Section 981(a)(1)(C) of title 18,
United States Code, is amended by inserting after ‘‘1032,’’
the following: ‘‘1037,’’.
(c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of
title 18, United States Code, is amended by inserting before
‘‘, section 1111’’ the following: ‘‘, section 1037 War Profit-
eering and Fraud Relating to Military Action, Relief, and
Reconstruction Efforts in Iraq)’’.
(d) EXPIRATION OF AUTHORITIES.—The authorities
contained in this amendment shall expire upon the date
that major combat operations in Iraq cease and desist, the
Coalition Provisional Authority transfers responsibility for
governing Iraq to an indigenous Iraqi government, and a
U.S. mission to Iraq, under the direction and guidance of
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the Secretary of State, is responsible for U.S. assistance ef-
forts in Iraq.
SEC. 2314. Not later than 120 days after the date of
the enactment of this Act, the President shall submit to Con-
gress a report on the efforts of the Government of the United
States to increase the resources contributed by foreign coun-
tries and international organizations to the reconstruction
of Iraq and the feasibility of repayment of funds contributed
for infrastructure projects in Iraq. The report shall
include—
(1) a description of efforts by the Government of
the United States to increase the resources contributed
by foreign countries and international organizations
to the reconstruction of Iraq;
(2) an accounting of the funds contributed to as-
sist in the reconstruction of Iraq, disaggregated by
donor;
(3) an assessment of the effect that—
(A) the bilateral debts incurred during the
regime of Saddam Hussein have on Iraq’s abil-
ity to finance essential programs to rebuild in-
frastructure and restore critical public services,
including health care and education, in Iraq;
and
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(B) forgiveness of such debts would have on
the reconstruction and long-term prosperity in
Iraq;
(4) a description of any commitment by a for-
eign country or international organization to forgive
any part of a debt owed by Iraq if such debt was in-
curred during the regime of Saddam Hussein; and
(5) an assessment of the feasibility of repayment
by Iraq—
(A) of bilateral debts incurred during the
regime of Saddam Hussein; and
(B) of the funds contributed by the United
States to finance infrastructure projects in Iraq.
SEC. 2315. (a) Not later than April 30, 2004, the Sec-
retary of Defense shall submit a certification to Congress
of the amount that Iraq will pay, or that will be paid on
behalf of Iraq, during fiscal year 2004 to a foreign country
to service a debt incurred by Iraq during the regime of Sad-
dam Hussein, including any amount used for the payment
of principal, interest, or fees associated with such debt. Such
certification shall include—
(1) the actual amount spent for such purpose
during the period from October 1, 2003 through
March 31, 2004; and
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(2) the estimated amount that the Secretary rea-
sonably believes will be used for such purpose during
the period from April 1, 2004 through September 30,
2004.
(b) On May 1, 2004, the Director of the Office of Man-
agement and Budget shall administratively reserve, out of
the unobligated balance of the funds appropriated in this
title under the subheading ‘‘IRAQ RELIEF AND RECON-
STRUCTION FUND’’ under the heading ‘‘OTHER BILAT-
ERAL ECONOMIC ASSISTANCE FUNDS APPRO-
PRIATED TO THE PRESIDENT’’, the amount that is
equal to the sum of the amount certified under paragraph
(1) of subsection (a) and the estimated amount certified
under paragraph (2) of such subsection. The amount so re-
served may not be obligated or expended on or after such
date.
(c) The Director of the Office of Management and
Budget shall impose such restrictions and conditions as the
Director determines necessary to ensure that, in the appor-
tionment of amounts appropriated as described in sub-
section (b), the balance of the total amount so appropriated
that remains unobligated on May 1, 2004, exceeds the
amount that is to be reserved under subsection (b).
(d) It is the sense of Congress that each country that
is owed a debt by Iraq that was incurred during the regime
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of Saddam Hussein should forgive such debt, including any
amount owed by Iraq for the principal, interest, and fees
associated with such debt.
SEC. 2316. (a) Congress finds that—
(1) in a speech delivered to the United Nations
on September 23, 2003, President George W. Bush ap-
pealed to the international community to take action
to make the world a safer and better place;
(2) in that speech, President Bush emphasized
the responsibility of the international community to
help the people of Iraq rebuild their country into a
free and democratic state;
(3) for a plan for Iraq’s future to be appropriate,
the provisions of that plan must be consistent with
the best interests of the Iraqi people;
(4) premature self-government could make the
Iraqi state inherently weak and could serve as an in-
vitation for terrorists to sabotage the development of
a democratic, economically prosperous Iraq.
(b) It is the sense of Congress that—
(1) arbitrary deadlines should not be set for the
dissolution of the Coalition Provisional Authority or
the transfer of its authority to an Iraqi governing au-
thority; and
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(2) no such dissolution or transfer of authority
should occur until the ratification of an Iraqi con-
stitution and the establishment of an elected govern-
ment in Iraq.
SEC. 2317. GENERAL ACCOUNTING OFFICE REVIEW.
(a) The Comptroller General of the United States shall—
(1) review the effectiveness of relief and recon-
struction activities conducted by the Coalition Provi-
sional Authority (hereafter in this section ‘‘CPA’’)
from funds made available under the ‘‘Iraq Relief and
Reconstruction Fund’’ in this title, including by pro-
viding analyses of—
(A) the degree to which the CPA is meeting
the relief and reconstruction goals and objectives
in the major sectors funded under this title, and
is enhancing indigenous capabilities;
(B) compliance by the CPA and the Govern-
ment departments with Federal laws governing
competition in contracting; and
(C) the degree to which the CPA is expend-
ing funds economically and efficiently, including
through use of local contractors;
(2) report quarterly to the appropriate congres-
sional committees on the results of the review con-
ducted under paragraph (1).
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(b) In this section, the term ‘‘appropriate congressional
committees’’ means—
(1) the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed
Services, and International Relations of the House of
Representatives.
SEC. 2318. None of the funds appropriated or other-
wise made available by this Act under the heading ‘‘IRAQ
RELIEF AND RECONSTRUCTION FUND’’, or under any other
heading, may be obligated or expended for the purpose of
arming, training, or employing individuals under the age
of 18 years for the Facilities Protection Service, to carry
out any function similar to the functions performed by the
Service, or for any other security force.
SEC. 2319. (a) Of the amounts appropriated under the
subheading ‘‘IRAQ RELIEF AND RECONSTRUCTION FUND’’—
(1) the $5,136,000,000 allocated for security, in-
cluding public safety requirements, national security,
and justice shall be used to rebuild Iraq’s security
services;
(2) $5,168,000,000 shall be available for the pur-
poses, other than security, set out under such sub-
heading; and
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(3) $10,000,000,000 shall be available to the
President to use as loans to Iraq for the purposes,
other than security, set out under such subheading
until the date on which the President submits the cer-
tification described in subsection (c).
(b) The President shall submit a notification to Con-
gress if, of the amounts referred to in paragraphs (1) and
(2) of subsection (a), an amount in excess of $250,000,000
is used for any single purpose in Iraq.
(c)(1) The certification referred to in subsection (a)(3)
is a certification submitted to Congress by the President
stating that not less than 90 percent of the total amount
of the bilateral debt incurred by the regime of Saddam Hus-
sein has been forgiven by the countries owed such debt.
(2) On the date that the President submits the certifi-
cation described in paragraph (1)—
(A) 
the 
unobligated 
balance 
of 
the
$10,000,000,000 referred to in subsection (a)(3) may
be obligated and expended with no requirement that
such amount be provided as loans to Iraq; and
(B) the President may waive repayment of any
amount made as a loan under subsection (a)(3) prior
to such date.
(d) The head of the Coalition Provisional Authority
shall ensure that the amounts appropriated under the sub-
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heading ‘‘IRAQ RELIEF AND RECONSTRUCTION FUND’’, are
expended, whether by the United States or by the Governing
Counsel in Iraq, for the purposes set out under such sub-
heading and in a manner that the head of the Coalition
Provisional Authority does not find objectionable.
(e) It is the sense of Congress that each country that
is owed bilateral debt by Iraq that was incurred by the re-
gime of Saddam Hussein should—
(1) forgive such debt; and
(2) provide robust amounts of reconstruction aid
to Iraq during the conference of donors scheduled to
begin on October 23, 2003, in Madrid, Spain and
during other conferences of donors of foreign aid.
(f) In this section:
(1) The term ‘‘amounts appropriated under the
subheading ‘IRAQ
RELIEF
AND
RECONSTRUCTION
FUND’ ’’ means the amounts appropriated by chapter
2 of this title under the subheading ‘‘IRAQ RELIEF
AND RECONSTRUCTION FUND’’ under the heading
‘‘OTHER BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT’’.
(2) The term ‘‘Coalition Provisional Authority’’
means the entity charged by the President with di-
recting reconstruction efforts in Iraq.
SEC. 2320. (a) Congress makes the following findings:
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(1) A coalition of allied countries led by the
United States entered Iraq on March 19, 2003, to lib-
erate the people of Iraq from the tyrannical rule of
Saddam Hussein and the Baathist party and to re-
move a threat to global security and stability.
(2) Achieving stability in Iraq will require sub-
stantial monetary investments to develop a secure en-
vironment and improve the physical infrastructure.
(3) A stable and prosperous Iraq is important to
peace and economic development in the Middle East
and elsewhere.
(4) As of October 2003, the United States has
provided the majority of the personnel and financial
contributions to the effort to rebuild Iraq.
(5) Congress fully supports efforts to establish a
stable economic, social, and political environment in
Iraq.
(6) The President is currently seeking to increase
global participation in the effort to stabilize and re-
construct Iraq.
(7) While the United States should aid the people
of Iraq, the participation of the people of Iraq in the
reconstruction effort is essential for the success of such
effort.
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(b) It is the sense of Congress that the President
should—
(1) make every effort to increase the level of fi-
nancial commitment from other nations to improve
the physical, political, economic, and social infra-
structure of Iraq; and
(2) seek to provide aid from the United States to
Iraq in a manner that promotes economic growth in
Iraq and limits the long-term cost to taxpayers in the
United States.
SEC. 2321. (a) INITIAL REPORT ON RELIEF AND RE-
CONSTRUCTION.—Not later than 60 days after the date of
enactment of this Act, the President shall submit to Con-
gress a report on the United States strategy for activities
related to post-conflict security, humanitarian assistance,
governance, and reconstruction to be undertaken as a result
of Operation Iraqi Freedom. The report shall include infor-
mation on the following:
(1) The distribution of duties and responsibilities
regarding such activities among the agencies of the
United States Government, including the Department
of State, the United States Agency for International
Development, and the Department of Defense.
(2) A plan describing the roles and responsibil-
ities of foreign governments and international organi-
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zations, including the United Nations, in carrying
out such activities.
(3) A strategy for coordinating such activities
among the United States Government, foreign govern-
ments, and international organizations, including the
United Nations.
(4) A strategy for distributing the responsibility
for paying costs associated with reconstruction activi-
ties in Iraq among the United States Government,
foreign governments, and international organizations,
including the United Nations, and for actions to be
taken by the President to secure increased inter-
national participation in peacekeeping and security
efforts in Iraq.
(5) A comprehensive strategy for completing the
reconstruction of Iraq, estimated timelines for the
completion of significant reconstruction milestones,
and estimates for Iraqi oil production.
(b) SUBSEQUENT REPORTS ON RELIEF AND RECON-
STRUCTION.—(1) Not later than 60 days after the submittal
of the report required by subsection (a), and every 60 days
thereafter until all funds provided by this title are ex-
pended, the President shall submit to Congress a report that
includes information as follows:
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(A) A list of all activities undertaken related to
reconstruction in Iraq, and a corresponding list of the
funds obligated in connection with such activities,
during the preceding 60 days.
(B) A list of the significant activities related to
reconstruction in Iraq that the President anticipates
initiating 
during 
the 
ensuing 
60-day 
period,
including—
(i) the estimated cost of carrying out the
proposed activities; and
(ii) the source of the funds that will be used
to pay such costs.
(C) Updated strategies, objectives, and timelines
if significant changes are proposed regarding matters
included in the report required under subsection (a),
or in any previous report under this subsection.
(2) Each report under this subsection shall include in-
formation on the following:
(A) The expenditures for, and progress made to-
ward, the restoration of basic services in Iraq such as
water, electricity, sewer, oil infrastructure, a national
police force, an Iraqi army, and judicial systems.
(B) The significant goals intended to be achieved
by such expenditures.
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(C) The progress made toward securing increased
international participation in peacekeeping efforts
and in the economic and political reconstruction of
Iraq.
(D) The progress made toward securing Iraqi
borders.
(E) The progress made toward securing self-gov-
ernment for the Iraqi people and the establishment of
a democratically elected government.
(F) The progress made in securing and elimi-
nating munitions caches, unexploded ordinance, and
excess military equipment in Iraq.
(G) The measures taken to protect United States
troops serving in Iraq.
SEC. 2322. REQUIREMENTS RELATING
TO UNITED
STATES ACTIVITIES IN AFGHANISTAN AND IRAQ. (a) GOV-
ERNANCE.—Activities carried out by the United States with
respect to the civilian governance of Afghanistan and Iraq
shall, to the maximum extent practicable—
(1) include the perspectives and advice of wom-
en’s organizations in Afghanistan and Iraq, respec-
tively;
(2) promote the inclusion of a representative
number of women in future legislative bodies to en-
sure that the full range of human rights for women
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are included and upheld in any constitution or legal
institution of Afghanistan and Iraq, respectively; and
(3) encourage the appointment of women to high
level positions within ministries in Afghanistan and
Iraq, respectively.
(b) POST-CONFLICT RECONSTRUCTION AND DEVELOP-
MENT.—Activities carried out by the United States with re-
spect to post-conflict stability in Afghanistan and Iraq
shall, to the maximum extent practicable—
(1) encourage the United States organizations
that receive funds made available by this Act to—
(A) partner with or create counterpart or-
ganizations led by Afghans and Iraqis, respec-
tively; and
(B) to provide such counterpart organiza-
tions with significant financial resources, tech-
nical assistance, and capacity building;
(2) increase the access of women to, or ownership
by women of, productive assets such as land, water,
agricultural inputs, credit, and property in Afghani-
stan and Iraq, respectively;
(3) provide long-term financial assistance for
education for girls and women in Afghanistan and
Iraq, respectively; and
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(4) integrate education and training programs
for former combatants in Afghanistan and Iraq, re-
spectively, with economic development programs to—
(A) encourage the reintegration of such
former combatants into society; and
(B) promote post-conflict stability in Af-
ghanistan and Iraq, respectively.
(c) MILITARY AND POLICE.—Activities carried out by
the United States with respect to training for military and
police forces in Afghanistan and Iraq shall—
(1) include training on the protection, rights,
and particular needs of women and emphasize that
violations of women’s rights are intolerable and
should be prosecuted; and
(2) encourage the personnel providing the train-
ing described in paragraph (1) to consult with wom-
en’s organizations in Afghanistan and Iraq, respec-
tively, to ensure that training content and materials
are adequate, appropriate, and comprehensive.
TITLE III—LEAVE FOR MILITARY FAMILIES
SEC. 3001. SHORT TITLE. This title may be cited as
the ‘‘Military Families Leave Act of 2003’’.
SEC. 3002. GENERAL REQUIREMENTS FOR LEAVE. (a)
ENTITLEMENT TO LEAVE.—Section 102(a) of the Family
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and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is
amended by adding at the end the following:
‘‘(3) ENTITLEMENT TO LEAVE DUE TO FAMILY
MEMBER’S ACTIVE DUTY.—
‘‘(A) IN
GENERAL.—Subject to section
103(f), an eligible employee shall be entitled to a
total of 12 workweeks of leave during any 12-
month period because a spouse, son, daughter, or
parent of the employee is a member of the Armed
Forces—
‘‘(i) on active duty in support of a
contingency operation; or
‘‘(ii) notified of an impending call or
order to active duty in support of a contin-
gency operation.
‘‘(B) CONDITIONS AND TIME FOR TAKING
LEAVE.—An eligible employee shall be entitled to
take leave under subparagraph (A)—
‘‘(i) while the employee’s spouse, son,
daughter, or parent (referred to in the sub-
paragraph as the ‘family member’) is on ac-
tive duty in support of a contingency oper-
ation, and, if the family member is a mem-
ber of a reserve component of the Armed
Forces, beginning when such family member
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receives notification of an impending call or
order to active duty in support of a contin-
gency operation; and
‘‘(ii) only for issues relating to or re-
sulting from such family member’s—
‘‘(I) service on active duty in sup-
port of a contingency operation; and
‘‘(II) if a member of a reserve
component of the Armed Forces—
‘‘(aa) receipt of notification
of an impending call or order to
active duty in support of a con-
tingency operation; and
‘‘(bb) service on active duty
in support of such operation.
‘‘(4) LIMITATION.—No employee may take more
than a total of 12 workweeks of leave under para-
graphs (1) and (3) during any 12-month period.’’.
(b) SCHEDULE.—Section 102(b)(1) of such Act (29
U.S.C. 2612(b)(1)) is amended by inserting after the second
sentence the following: ‘‘Leave under subsection (a)(3) may
be taken intermittently or on a reduced leave schedule.’’.
(c) 
SUBSTITUTION
OF
PAID
LEAVE.—Section
102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is
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amended by inserting ‘‘or subsection (a)(3)’’ after ‘‘sub-
section (a)(1)’’.
(d) NOTICE.—Section 102(e) of such Act (29 U.S.C.
2612(e)) is amended by adding at the end the following:
‘‘(3) NOTICE FOR LEAVE DUE TO FAMILY MEM-
BER’S ACTIVE DUTY.—An employee who intends to
take leave under subsection (a)(3) shall provide such
notice to the employer as is practicable.’’.
(e) CERTIFICATION.—Section 103 of such Act (29
U.S.C. 2613) is amended by adding at the end the following:
‘‘(f) CERTIFICATION
FOR LEAVE DUE
TO FAMILY
MEMBER’S ACTIVE DUTY.—An employer may require that
a request for leave under section 102(a)(3) be supported by
a certification issued at such time and in such manner as
the Secretary may by regulation prescribe.’’.
SEC. 3003. LEAVE FOR CIVIL SERVICE EMPLOYEES.
(a) ENTITLEMENT TO LEAVE.—Section 6382(a) of title 5,
United States Code, is amended by adding at the end the
following:
‘‘(3)(A) Subject to section 6383(f), an eligible
employee shall be entitled to a total of 12 workweeks
of leave during any 12-month period because a
spouse, son, daughter, or parent of the employee is a
member of the Armed Forces—
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‘‘(i) on active duty in support of a contin-
gency operation; or
‘‘(ii) notified of an impending call or order
to active duty in support of a contingency oper-
ation.
‘‘(B) An eligible employee shall be entitled to
take leave under subparagraph (A)—
‘‘(i) while the employee’s spouse, son,
daughter, or parent (referred to in the subpara-
graph as the ‘family member’) is on active duty
in support of a contingency operation, and, if
the family member is a member of a reserve com-
ponent of the Armed Forces, beginning when
such family member receives notification of an
impending call or order to active duty in sup-
port of a contingency operation; and
‘‘(ii) only for issues relating to or resulting
from such family member’s—
‘‘(I) service on active duty in support
of a contingency operation; and
‘‘(II) if a member of a reserve compo-
nent of the Armed Forces—
‘‘(aa) receipt of notification of an
impending call or order to active duty
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in support of a contingency operation;
and
‘‘(bb) service on active duty in
support of such operation.
‘‘(4) No employee may take more than a total of
12 workweeks of leave under paragraphs (1) and (3)
during any 12-month period.’’.
(b) SCHEDULE.—Section 6382(b)(1) of such title is
amended by inserting after the second sentence the fol-
lowing: ‘‘Leave under subsection (a)(3) may be taken inter-
mittently or on a reduced leave schedule.’’.
(c) SUBSTITUTION OF PAID LEAVE.—Section 6382(d)
of such title is amended by inserting ‘‘or subsection (a)(3)’’
after ‘‘subsection (a)(1)’’.
(d) NOTICE.—Section 6382(e) of such title is amended
by adding at the end the following:
‘‘(3) An employee who intends to take leave
under subsection (a)(3) shall provide such notice to
the employing agency as is practicable.’’.
(e) CERTIFICATION.—Section 6383 of such title is
amended by adding at the end the following:
‘‘(f) An employing agency may require that a request
for leave under section 6382(a)(3) be supported by a certifi-
cation issued at such time and in such manner as the Office
of Personnel Management may by regulation prescribe.’’.
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TITLE IV—DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
MEDICAL CARE
For an additional amount for medical care and related
activities under this heading for fiscal year 2004,
$1,300,000,000, to remain available until September 30,
2005.
TITLE V—GENERAL PROVISION, THIS ACT
SEC. 5001. Not later than 30 days after the date of
the enactment of this Act, and every 90 days thereafter until
December 31, 2007, the President shall submit to each Mem-
ber of Congress a report on the projected total costs of
United States operations in Iraq, including military oper-
ations and reconstruction efforts, through fiscal year 2008.
The President shall include in each report after the initial
report an explanation of any change in the total projected
costs since the previous report.
SEC. 5002. The amounts provided in this Act are des-
ignated by the Congress as an emergency requirement pur-
suant to section 502 of H. Con. Res. 95 (108th Congress).
SEC. 5003. (a) None of the funds appropriated by this
Act may be obligated or expended by the head of an execu-
tive agency for payments under any contract or other agree-
ment described in subsection (b) that is not entered into
with full and open competition unless, not later than 30
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days after the date on which the contract or other agreement
is entered into, such official—
(1) submits a report on the contract or other
agreement to the Committees on Armed Services, on
Governmental Affairs, and on Appropriations of the
Senate, and the Committees on Armed Services, on
Government Reform, and on Appropriations of the
House of Representatives; and
(2) publishes such report in the Federal Register
and the Commerce Business Daily.
(b) This section applies to any contract or other agree-
ment in excess of $1,000,000 that is entered into with any
public or private sector entity for any of the following pur-
poses:
(1) To build or rebuild physical infrastructure of
Iraq.
(2) To establish or reestablish a political or soci-
etal institution of Iraq.
(3) To provide products or services to the people
of Iraq.
(4) To perform personnel support services in
Iraq, including related construction and procurement
of products, in support of members of the Armed
Forces and United States civilian personnel.
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(c) The report on a contract or other agreement of an
executive agency under subsection (a) shall include the fol-
lowing information:
(1) The amount of the contract or other agree-
ment.
(2) A brief discussion of the scope of the contract
or other agreement.
(3) A discussion of how the executive agency
identified, and solicited offers from, potential contrac-
tors to perform the contract, together with a list of the
potential contractors that were issued solicitations for
the offers.
(4) The justification and approval documents on
which was based the determination to use procedures
other than procedures that provide for full and open
competition.
(d) The limitation on use of funds in subsection (a)
shall not apply in the case of any contract or other agree-
ment entered into by the head of an executive agency for
which such official—
(1) either—
(A) withholds from publication and disclo-
sure as described in such subsection any docu-
ment or other collection of information that is
classified for restricted access in accordance with
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an Executive order in the interest of national de-
fense or foreign policy; or
(B) redacts any part so classified that is in
a document or other collection of information not
so classified before publication and disclosure of
the document or other information as described
in such subsection; and
(2) transmits an unredacted version of the docu-
ment or other collection of information, respectively,
to the chairman and ranking member of each of the
Committees on Governmental Affairs and on Appro-
priations of the Senate, the Committees on Govern-
ment Reform and on Appropriations of the House of
Representatives, and the committees that the head of
such executive agency determines has legislative juris-
diction for the operations of such executive agency to
which the document or other collection of information
relates.
(e)(1)(A) In the case of any contract or other agree-
ment for which the Secretary of Defense determines that it
is necessary to do so in the national security interests of
the United States, the Secretary may waive the limitation
in subsection (a), but only on a case-by-case basis.
(B) For each contract or other agreement for which
the Secretary of Defense grants a waiver under this para-
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graph, the Secretary shall submit a notification of the con-
tract or other agreement and the grant of the waiver, to-
gether with a discussion of the justification for the waiver,
to the committees of Congress named in subsection (a)(1).
(2)(A) In the case of any contract or other agreement
for which the Director of Central Intelligence determines
that it is necessary to do so in the national security inter-
ests of the United States related to intelligence, the Director
may waive the limitation in subsection (a), but only on
a case-by-case basis.
(B) For each contract or other agreement for which
the Director of Central Intelligence grants a waiver under
this paragraph, the Director shall submit a notification of
the contract or other agreement and of the grant of the waiv-
er, together with a discussion of the justification for the
waiver, to the Select Committee on Intelligence, the Com-
mittee on Appropriations, and the Committee on Govern-
mental Affairs of the Senate and to the Permanent Select
Committee on Intelligence, the Committee on Appropria-
tions, and the Committee on Governmental Reform of the
House of Representatives.
(f) Nothing in this section shall be construed as affect-
ing obligations to disclose United States Government infor-
mation under any other provision of law.
(g) In this section—
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(1) the term ‘‘full and open competition’’ has the
meaning given such term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403);
(2) the term ‘‘executive agency’’ has the meaning
given such term in section 105 of title 5, United
States Code, and includes the Coalition Provisional
Authority for Iraq; and
(3) the term ‘‘Coalition Provisional Authority
for Iraq’’ means the entity charged by the President
with directing reconstruction efforts in Iraq.
SEC. 5004. (a) Congress finds that—
(1) Israel is a strategic ally of the United States
in the Middle East;
(2) Israel recognizes the benefits of a democratic
form of government;
(3) the policies and activities of the Government
of Iraq under the Saddam Hussein regime contrib-
uted to security concerns in the Middle East, espe-
cially for Israel;
(4) the Arab Liberation Front was established by
Iraqi Baathists, and supported by Saddam Hussein;
(5) the Government of Iraq under the Saddam
Hussein regime assisted the Arab Liberation Front in
distributing grants to the families of suicide bombers;
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(6) the Government of Iraq under the Saddam
Hussein regime aided Abu Abass, leader of the Pales-
tinian Liberation Front, who was a mastermind of
the hijacking of the Achille Lauro, an Italian cruise
ship, and is responsible for the death of an American
tourist aboard that ship; and
(7) Saddam Hussein attacked Israel during the
1990-1991 Persian Gulf War by launching 39 Scud
missiles into that country and thereby causing mul-
tiple casualties.
(b) It is the sense of Congress that the removal of the
Government of Iraq under Saddam Hussein enhanced the
security of Israel and other United States allies.
SEC. 5005. (a) The Comptroller General shall conduct
studies on the effectiveness and efficiency of the administra-
tion and performance of contracts in excess of $40,000,000
that are performed or are to be performed in, or relating
to, Iraq and are paid out of funds made available under
this Act or the Emergency Wartime Supplemental Appro-
priations Act, 2003 (Public Law 108–11). The studies shall
specifically examine the profits, administrative overhead,
management fees, and related expenditures for the manage-
ment of subcontracts (and further subcontracting) under
any such contract. In conducting studies under this section,
the Comptroller General shall have access to any informa-
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tion and records created or maintained by the United
States, or by any entity receiving funds for contracts stud-
ied under this section that the Comptroller General con-
siders appropriate.
(b) Not later than 6 months after the date of enactment
of this Act and again 4 months thereafter, the Comptroller
Government shall submit to the Committees on Appropria-
tions of the Senate and the House of Representatives a re-
port that includes—
(1) an evaluation of the studies conducted under
this section; and
(2) any recommendations for the improvement of
the contracting process for contracts performed or to
be performed in Iraq and for contracts generally, in-
cluding the selection process, contract content, and
oversight of the administration and performance of
contracts.
SEC. 5006. Section 1605 of title 28, United States
Code, is amended by adding a new subsection (h) as follows:
‘‘(h) Notwithstanding any provision of the Algiers Ac-
cords, or any other international agreement, any United
States citizen held hostage during the period between 1979
and 1981, and their spouses and children at the time, shall
have a claim for money damages against a foreign state
for personal injury that was caused by the foreign state’s
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act of torture or hostage taking. Any provision in an inter-
national agreement, including the Algiers Accords that pur-
ports to bar such suit is abrogated. This subsection shall
apply retroactively to any cause of action cited in section
1605(a)(7)(A) of title 28, United States Code.’’.
SEC. 5007. (a) The Senate finds the following:
(1) When Saddam Hussein came to power in the
1970’s Iraq was a prosperous county with no foreign
debt and significant foreign cash reserves.
(2) Iraq’s reserves were exhausted during the
Iran-Iraq War in the 1980’s and Iraq became a debt-
or nation.
(3) Today, the debts incurred by Saddam Hus-
sein’s regime are estimated to be as much as
$150,000,000,000.
(4) A process has been put in place that will es-
tablish a new representative Iraqi government based
on a democratic political system with a free market
economy. The goal is a prosperous Iraq that is not a
threat to its neighbors.
(5) For Iraq to be prosperous it must rebuild. In
the near term the United States and other donor
countries will provide grants to begin the process. In
the longer term Iraq must be able to fully participate
in the international financial system.
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(6) It is impossible for Iraq to borrow funds in
international financial markets based on its existing
debt. Eliminating that debt will make possible Iraq’s
continued rebuilding toward a prosperous and stable
nation. A prosperous nation is less likely to be a
threat to its neighbors and to be a breeding ground
for terrorists. A prosperous Iraq is more likely to be
a positive force in the region and participant in the
world economy.
(b) It is the sense of the Senate that all countries that
hold debt from loans to the former Iraqi regime of Saddam
Hussein should be urged to forgive their debt.
SEC. 5008. (a) FINDINGS.—The Senate finds that—
(1) in May 2002, the Federal Bureau of Inves-
tigation (FBI) issued a warning to law enforcement
personnel to be alert to the potential use of shoulder-
fired missiles against United States aircraft;
(2) in May 2002, Al Qaeda was suspected of fir-
ing a shoulder-fired missile at United States military
aircraft near Prince Sultan Air Base in Saudi Ara-
bia;
(3) in November 2002, an Israeli commercial jet-
liner was fired upon by a shoulder-fired missile short-
ly after take-off in Mombasa, Kenya;
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(4) in August 2003, a weapons smuggler was ar-
rested after agreeing to sell a Russian SA–18 to an
undercover FBI agent posing as a Muslim extremist;
(5) during recent operations in Iraq, United
States commercial airlines—as part of the Civil Re-
serve Air Fleet (CRAF)—flew nearly 2,000 flights
carrying United States troops and supplies into Ku-
wait, Saudi Arabia, the United Arab Emirates,
Qatar, and Bahrain;
(6) no United States commercial airliners are
currently equipped with defenses against shoulder-
fired missiles.
(b) PRIORITIZATION.—When counter measures against
the threat of shoulder-fired missiles are deployed, the Sec-
retary of Homeland Security, in conjunction with the Sec-
retary of Defense and the Secretary of Transportation, shall
make it a priority to equip the aircraft enrolled in the Civil
Reserve Air Fleet.
SEC. 5009. Paragraph (1) of section 1314 of Public
Law 108–11 is amended by inserting ‘‘without fiscal year
limitation’’ after ‘‘available’’ the first place it appears.
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This Act may be cited as the ‘‘Emergency Supple-
mental Appropriations for Iraq and Afghanistan Security
and Reconstruction Act, 2004’’.
Attest:
Secretary.