H. R. 3289—22
open competitive procedures using Iraq Relief and
Reconstruction Funds in this Act and under Public Law
108–11 or funds made available in prior Foreign Oper-
ations, Export Financing and Related Programs Appropria-
tions Acts.
(B) This section shall not apply to contracts of less
than $5,000,000.
(C) This section shall not apply to contracts authorized
by the Small Business Act (15 U.S.C. 631 et seq.).
(b) CLASSIFIED INFORMATION.—
(1) AUTHORITY TO WITHHOLD.—The head of an executive
agency may—
(A) withhold from publication and disclosure under
subsection (a) any document that is classified for restricted
access in accordance with an Executive order in the interest
of national defense or foreign policy; and
(B) redact any part so classified that is in a document
not so classified before publication and disclosure of the
document under subsection (a).
(2) AVAILABILITY TO CONGRESS.—In any case in which the
head of an executive agency withholds information under para-
graph (1), the head of such executive agency shall make avail-
able an unredacted version of the document containing that
information to the chairman and ranking member of each of
the following committees of Congress:
(A) The Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the
House of Representatives.
(B) The Committees on Appropriations of the Senate
and the House of Representatives.
(C) Each committee that the head of the executive
agency determines has legislative jurisdiction for the oper-
ations of such department or agency to which the informa-
tion related.
(c) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—Nothing in
this section shall be construed as affecting obligations to disclose
United States Government information under any other provision
of law.
(d) DEFINITIONS.—In this section and section 2202 of this Act,
the terms ‘‘full and open competitive procedures’’ and ‘‘executive
agency’’ have the meanings given such terms in section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C. 403).
SEC. 2204. Section 1503 of Public Law 108–11 is amended—
(1) by striking ‘‘equipment’’ and inserting in lieu thereof
‘‘equipment, including equipment’’; and
(2) by striking ‘‘2004’’ and inserting in lieu thereof ‘‘2005’’.
SEC. 2205. Section 1504 of Public Law 108–11 is amended
by—
(1) in the first proviso, striking the first proviso, and
inserting in lieu thereof: ‘‘Provided, That, subject to the notifica-
tion requirements of this section, exports may be authorized
of lethal military equipment designated by the Secretary of
State for use by a reconstituted (or interim) Iraqi military
or police force, and of small arms designated by the Secretary
of State for use for private security purposes:’’; and
(2) in the last proviso, striking ‘‘2004’’ and inserting in
lieu thereof ‘‘2005’’.
H. R. 3289—23
SEC. 2206. Section 202(b) of the Afghanistan Freedom Support
Act of 2002 (Public Law 107–327) is amended by striking
‘‘$300,000,000’’ and inserting in lieu thereof ‘‘$450,000,000’’.
SEC. 2207. (a) The Director of the Office of Management and
Budget, in consultation with the Administrator of the Coalition
Provisional Authority (CPA) and the Committees on Appropriations,
shall submit to the Committees on Appropriations not later than
January 5, 2004 and prior to the initial obligation of funds appro-
priated by this Act under the heading ‘‘Iraq Relief and Reconstruc-
tion Fund’’ a report on the proposed uses of all funds under this
heading on a project-by-project basis, for which the obligation of
funds is anticipated during the 3 month period from such date,
including estimates by the CPA of the costs required to complete
each such project: Provided, That up to 20 percent of funds appro-
priated under such heading may be obligated before the submission
of the report: Provided further, That in addition such report shall
include the following:
(1) The use of all funds on a project-by-project basis for
which funds appropriated under such heading were obligated
prior to the submission of the report, including estimates by
the CPA of the costs required to complete each project.
(2) The distribution of duties and responsibilities regarding
such projects among the agencies of the United States Govern-
ment.
(3) Revenues to the CPA attributable to or consisting of
funds provided by foreign governments and international
organizations, disaggregated by donor, any obligations or
expenditures of such revenues, and the purpose of such obliga-
tions and expenditures.
(4) Revenues to the CPA attributable to or consisting of
foreign assets seized or frozen, any obligations or expenditures
of such revenues, and the purpose of such obligations and
expenditures.
(b) Any proposed new projects and increases in funding of
ongoing projects shall be reported to the Committees on Appropria-
tions in accordance with regular notification procedures.
(c) The report required by subsection (a) shall be updated
and submitted to the Committees on Appropriations every 3 months
and shall include information on how the estimates and assump-
tions contained in previous reports have changed.
(d) The requirements of this section shall expire on October
1, 2007.
SEC. 2208. Any reference in this chapter to the ‘‘Coalition
Provisional Authority in Iraq’’ or the ‘‘Coalition Provisional
Authority’’ shall be deemed to include any successor United States
Government entity with the same or substantially the same authori-
ties and responsibilities as the Coalition Provisional Authority in
Iraq.
SEC. 2209. Assistance or other financing under chapter 2 of
this title may be provided for Iraq and Afghanistan notwithstanding
any other provision of law not contained in this Act that restricts
assistance to foreign countries and section 660 of the Foreign Assist-
ance Act of 1961: Provided, That funds made available for Iraq
pursuant to the authority of this section shall be subject to the
regular reprogramming notification procedures of the Committees
on Appropriations and section 634A of the Foreign Assistance Act
H. R. 3289—24
of 1961, except that notification shall be transmitted at least 5
days in advance of obligation.
SEC. 2210. Funds made available in chapter 2 of this title
are made available notwithstanding section 10 of Public Law 91–
672 and section 15 of the State Department Basic Authorities
Act of 1956, as amended.
SEC. 2211. Notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to under-
take any program authorized by title IV of the Foreign Assistance
Act of 1961 in Iraq: Provided, That funds made available pursuant
to the authority of this section shall be subject to the regular
reprogramming notification procedures of the Committees on Appro-
priations.
SEC. 2212. In addition to transfer authority otherwise provided
in chapter 2 of this title, any appropriation made available in
chapter 2 of this title may be transferred between such appropria-
tions, to be available for the same purposes and the same time
as the appropriation to which transferred: Provided, That the total
amount transferred pursuant to this section shall not exceed
$100,000,000: Provided further, That the Secretary of State shall
consult with the Committees on Appropriations prior to exercising
the authority contained in this section: Provided further, That funds
made available pursuant to the authority of this section shall be
subject to the regular notification procedures of the Committees
on Appropriations, except that notification shall be transmitted
at least 10 days in advance of the obligation of funds.
SEC. 2213. Public Law 107–57 is amended—
(1) in section 1(b), by striking ‘‘2003’’ wherever appearing
(including in the caption), and inserting in lieu thereof ‘‘2004’’;
(2) in section 3(2), by striking ‘‘Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002,
as is’’ and inserting in lieu thereof ‘‘annual foreign operations,
export financing, and related programs appropriations Acts for
fiscal years 2002, 2003, and 2004, as are’’; and
(3) in section 6, by striking ‘‘2003’’ and inserting in lieu
thereof ‘‘2004’’.
SEC. 2214. The Afghanistan Freedom Support Act of 2002
(Public Law 107–327), is amended in section 108(a), by striking
‘‘$425,000,000 for each of the fiscal years 2003 through 2006’’ and
inserting in lieu thereof ‘‘$1,825,000,000 for fiscal year 2004 and
$425,000,000 for each of fiscal years 2005 and 2006’’.
SEC. 2215. REPORTS ON IRAQ AND AFGHANISTAN. (a)(1) The
Coalition Provisional Authority (CPA) shall, on a monthly basis
until September 30, 2006, submit a report to the Committees on
Appropriations which details, for the preceding month, Iraqi oil
production and oil revenues, and uses of such revenues.
(2) The first report required by this subsection shall be sub-
mitted not later than 30 days after enactment of this Act.
(3) The reports required by this subsection shall also be made
publicly available in both English and Arabic, including through
the CPA’s Internet website.
(b) The Secretary of State, in consultation with the heads
of other relevant Federal agencies, shall submit a report to the
Committees on Appropriations not later than 90 days after enact-
ment of this Act detailing:
(1) the amount of debt incurred by the Government of
Saddam Hussein in Iraq, the impact forgiveness of such debt
H. R. 3289—25
would have on reconstruction and long-term prosperity in Iraq,
and the estimated amount that Iraq will pay, or that will
be paid on behalf of Iraq, to a foreign country to service such
debt during fiscal year 2004;
(2) the efforts of the Government of the United States
to increase resources contributed by foreign countries and inter-
national organizations, including the United Nations, to the
reconstruction and rehabilitation of Iraq and to increase inter-
national participation in peacekeeping and security efforts in
Iraq;
(3) the manner in which the needs of people with disabil-
ities are being addressed in the development and implementa-
tion of programs, projects and activities funded by the United
States Government in Iraq and Afghanistan;
(4) the progress being made toward indicting and trying
leaders of the former Iraqi regime for war crimes, genocide,
and crimes against humanity; and
(5) the efforts of relevant Iraqi officials and legal advisors
to ensure that a new Iraqi constitution preserves religious
freedom and tolerance of all faiths.
(c) Title III of Public Law 107–327 is amended as follows
by inserting the following new section:
‘‘SEC. 304. REPORTS.
‘‘The Secretary of State shall submit reports to the Committees
on Foreign Relations and Appropriations of the Senate, and the
Committees on International Relations and Appropriations of the
House of Representatives on progress made in accomplishing the
‘Purposes of Assistance’ set forth in section 102 of this Act utilizing
assistance provided by the United States for Afghanistan. The
first report shall be submitted no later than December 31, 2003,
and subsequent reports shall be submitted in conjunction with
reports required under section 303 of this title and thereafter
through December 31, 2004.’’.
SEC. 2216. None of the funds appropriated or otherwise made
available under chapter 2 of title II of this Act may be obligated
or expended for any activity in contravention of Articles 1 and
4 of the Optional Protocol to the Convention on the Rights of
the Child on the Involvement of Children in Armed Conflicts.
SEC. 2217. PARTICIPATION
OF WOMEN
IN AFGHANISTAN
AND
IRAQ RECONSTRUCTION. (a) GOVERNANCE.—Activities carried out by
the United States with respect to the civilian governance of Afghani-
stan and Iraq shall, to the maximum extent practicable—
(1) include the perspectives and advice of women’s organiza-
tions in Afghanistan and Iraq, respectively; and
(2) promote the high level participation of women in future
legislative bodies and ministries and ensure that human rights
for women are upheld in any constitution or legal institution
of Afghanistan and Iraq, respectively.
(b) POST-CONFLICT
RECONSTRUCTION
AND
DEVELOPMENT.—
Activities carried out by the United States with respect 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 provide significant financial
resources, technical assistance and capacity building to counter-
part organizations led by Afghans and Iraqis, respectively;
H. R. 3289—26
(2) increase the access of women to, or ownership by women
of, productive assets such as land, water, agricultural inputs,
credit, and property in Afghanistan and Iraq, respectively;
(3) provide long-term financial assistance for education for
girls and women in Afghanistan and Iraq, respectively; and
(4) integrate education and training programs for former
combatants in Afghanistan and Iraq, respectively, with eco-
nomic development programs to—
(A) encourage the reintegration of such former combat-
ants into society; and
(B) promote post-conflict stability in Afghanistan 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 include training, designed in consulta-
tion with women’s organizations in Afghanistan and Iraq, respec-
tively, on the protection, rights, and particular needs of women.
TITLE 
III—INSPECTOR 
GENERAL 
OF
THE COALITION PROVISIONAL AU-
THORITY
SEC. 3001. INSPECTOR GENERAL OF THE COALITION PROVISIONAL
AUTHORITY.
(a) PURPOSES.—The purposes of this section are as follows:
(1) To provide for the independent and objective conduct
and supervision of audits and investigations relating to the
programs and operations of the Coalition Provisional Authority
(CPA).
(2) To provide for the independent and objective leadership
and coordination of, and recommendations on, policies designed
to—
(A) promote economy efficiency, and effectiveness in
the administration of such programs and operations; and
(B) prevent and detect fraud and abuse in such pro-
grams and operations.
(3) To provide for an independent and objective means
of keeping the head of the Coalition Provisional Authority fully
and currently informed about problems and deficiencies relating
to the administration of such programs and operations and
the necessity for and progress for corrective action.
(b) OFFICE OF INSPECTOR GENERAL.—There is hereby estab-
lished the Office of the Inspector General of the Coalition Provi-
sional Authority.
(c) APPOINTMENT OF INSPECTOR GENERAL; REMOVAL.—(1) The
head of the Office of the Inspector General of the Coalition Provi-
sional Authority is the Inspector General of the Coalition Provi-
sional Authority, who shall be appointed by the Secretary of
Defense, in consultation with the Secretary of State.
(2) The appointment of Inspector General shall be made solely
on the basis of integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis, public
administration, or investigations.
H. R. 3289—27
(3) The nomination of an individual as Inspector General shall
be made not later than 30 days after the date of the enactment
of this Act.
(4) The Inspector General shall be removable from office in
accordance with the provisions of section 3(b) of the Inspector
General Act of 1978 (5 U.S.C. App.).
(5) For purposes of section 7324 of title 5, United States Code,
the Inspector General shall not be considered an employee who
determines policies to be pursued by the United States in the
nationwide administration of Federal law.
(6) The annual rate of basic pay of the Inspector General
shall be the annual rate of basic pay provided for positions at
level IV of the Executive Schedule under section 5315 of title
5, United States Code.
(d) ASSISTANT INSPECTORS GENERAL.—The Inspector General
shall, in accordance with applicable laws and regulations governing
the civil service—
(1) appoint an Assistant Inspector General for Auditing
who shall have the responsibility for supervising the perform-
ance of auditing activities relating to programs and operations
of the Coalition Provisional Authority; and
(2) appoint an Assistant Inspector General for Investiga-
tions who shall have the responsibility for supervising the
performance of investigative activities relating to such pro-
grams and operations.
(e) SUPERVISION.—(1) Except as provided in paragraph (2), the
Inspector General shall report directly to, and be under the general
supervision of, the head of the Coalition Provisional Authority.
(2) Neither the head of the Coalition Provisional Authority,
any other officer of the Coalition Provisional Authority, nor any
other officer of the Department of Defense, the Department of
State, or the United States Agency for International Development
shall prevent or prohibit the Inspector General from initiating,
carrying out, or completing any audit or investigation, or from
issuing any subpoena during the course of any audit or investiga-
tion.
(f) DUTIES.—(1) It shall be the duty of the Inspector General
to conduct, supervise, and coordinate audits and investigations of
the treatment, handling, and expenditure of appropriated funds
by the Coalition Provisional Authority in Iraq, and of the programs,
operations, and contracts carried out utilizing such funds,
including—
(A) the oversight and accounting of the obligation and
expenditure of such funds;
(B) the monitoring and review of reconstruction activities
funded by such funds;
(C) the monitoring and review of contracts funded by such
funds;
(D) the monitoring and review of the transfer of such
funds and associated information between and among the Coali-
tion Provisional Authority, other departments, agencies, and
entities of the Federal Government, and private and nongovern-
mental entities; and
(E) the maintenance of records on the use of such funds
to facilitate future audits and investigations of the use of such
funds.
H. R. 3289—28
(2) The Inspector General shall establish, maintain, and oversee
such systems, procedures, and controls as the Inspector General
considers appropriate to discharge the duty under paragraph (1).
(3) In addition to the duties specified in paragraphs (1) and
(2), the Inspector General shall also have the duties and responsibil-
ities of inspectors general under the Inspector General Act of 1978.
(4) In carrying out the duties, responsibilities, and authorities
of the Inspector General under this section, the Inspector General
shall coordinate with, and receive the cooperation of, the Inspector
General of the Department of Defense.
(5) In carrying out the duties, and responsibilities, and authori-
ties of the Inspector General under this section, the Inspector
General shall coordinate with, and receive the cooperation of the
Inspector General of the United States Agency for International
Development.
(g) POWERS AND AUTHORITIES.—(1) In carrying out the duties
specified in subsection (f), the Inspector General shall have the
authorities provided in section 6 of the Inspector General Act of
1978.
(2) The Inspector General shall carry out the duties specified
in subsection (f)(1) in accordance with section 4(b)(1) of the Inspector
General Act of 1978.
(h) PERSONNEL, FACILITIES, AND OTHER RESOURCES.—(1) The
Inspector General may select, appoint, and employ such officers
and employees as may be necessary for carrying out the duties
of the Inspector General, subject to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and the provisions of chapter 51 and subchapter III of chapter
53 of such title, relating to classification and General Schedule
pay rates.
(2) The Inspector General may obtain services as authorized
by section 3109 of title 5, United States Code, at daily rates not
to exceed the equivalent rate prescribed for grade GS–15 of the
General Schedule by section 5332 of such title.
(3) To the extent and in such amounts as may be provided
in advance by appropriations Acts, the Inspector General my enter
into contracts and other arrangements for audits, studies, analyses,
and other services with public agencies and with private persons,
and make such payments as may be necessary to carry out the
duties of the Inspector General.
(4)(A) Upon request of the Inspector General for information
or assistance from any department, agency, or other entity of the
Federal Government, the head of such entity shall, insofar as is
practicable and not in contravention of any existing law, furnish
such information or assistance to the Inspector General, or an
authorized designee.
(B) Whenever information or assistance requested by the
Inspector General is, in the judgment of the Inspector General,
unreasonably refused or not provided, the Inspector General shall
report the circumstances to the head of the Coalition Provisional
Authority and to the appropriate committees of Congress without
delay.
(5) The head of the Coalition Provisional Authority shall provide
the Inspector General with appropriate and adequate office space
at the central and field office locations of the Coalition Provisional
Authority, together with such equipment, office supplies, and
communications facilities and services as may be necessary for
H. R. 3289—29
the operation of such offices, and shall provide necessary mainte-
nance services for such offices and the equipment and facilities
located therein.
(i) REPORTS.—(1) Not later than March 30, 2004, and every
calendar quarter thereafter, the Inspector General shall submit
to the appropriate committees of Congress a report summarizing
the activities of the Inspector General and the Coalition Provisional
Authority during the 120-day period ending on the date of such
report. Each report shall include, for the period covered by such
report, a detailed statement of all obligations, expenditures, and
revenues associated with reconstruction and rehabilitation activities
in Iraq, including the following:
(A) Obligations and expenditures of appropriated funds.
(B) 
A 
project-by-project 
and 
program-by-program
accounting of the costs incurred to date for the reconstruction
of Iraq, together with the estimate of the Coalition Provisional
Authority of the costs to complete each project and each pro-
gram.
(C) Revenues attributable to or consisting of funds provided
by foreign nations or international organizations, and any
obligations or expenditures of such revenues.
(D) Revenues attributable to or consisting of foreign assets
seized or frozen, and any obligations or expenditures of such
revenues.
(E) Operating expenses of the Coalition Provisional
Authority and of any other agencies or entities receiving appro-
priated funds.
(F) In the case of any contract described in paragraph
(2)—
(i) the amount of the contract or other agreement;
(ii) a brief discussion of the scope of the contract or
other agreement;
(iii) a discussion of how the Coalition Provisional
Authority identified, and solicited offers from, potential
contractors to perform the contract, together with a list
of the potential contractors that were issued solicitations
for the offers; and
(iv) the justification and approval documents on which
was based the determination to use procedures other than
procedures that provide for full and open competition.
(2) A contract described in this paragraph is any major contract
or other agreement that is entered into by the Coalition Provisional
Authority with any public or private sector entity for any of the
following purposes:
(A) To build or rebuild physical infrastructure of Iraq.
(B) To establish or reestablish a political or societal institu-
tion of Iraq.
(C) To provide products or services to the people of Iraq.
(3) Not later than June 30, 2004, and semiannually thereafter,
the Inspector General shall submit to the appropriate committees
of Congress a report meeting the requirements of section 5 of
the Inspector General Act of 1978.
(4) The Inspector General shall publish each report under this
subsection in both English and Arabic on the Internet website
of the Coalition Provisional Authority.
(5) Each report under this subsection may include a classified
annex if the Inspector General considers it necessary.
H. R. 3289—30
(6) Nothing in this subsection shall be construed to authorize
the public disclosure of information that is—
(A) specifically prohibited from disclosure by any other
provision of law;
(B) specifically required by Executive order to be protected
from disclosure in the interest of national defense or national
security or in the conduct of foreign affairs; or
(C) a part of an ongoing criminal investigation.
(j) REPORT COORDINATION.—(1) The Inspector General shall
also submit each report under subsection (i) to the head of the
Coalition Provisional Authority.
(2)(A) Not later than 30 days after receipt of a report under
paragraph (1), the head of the Coalition Provisional Authority may
submit to the appropriate committees of Congress any comments
on the matters covered by the report as the head of the Coalition
Provisional Authority considers appropriate.
(B) A report under this paragraph may include a classified
annex if the head of the Coalition Provisional Authority considers
it necessary.
(k) TRANSPARENCY.—(1) Not later than 60 days after the date
of the submittal to Congress of a report under subsection (i), the
head of the Coalition Provisional Authority shall make copies of
such report available to the public upon request, and at a reasonable
cost.
(2) Not later than 60 days after the date of the submittal
to Congress under subsection (j)(2) of comments on a report under
subsection (i), the head of the Coalition Provisional Authority shall
make copies of such comments available to the public upon request,
and at a reasonable cost.
(l) WAIVER.—(1) The President may waive the requirement
under paragraph (1) or (3) of subsection (i) for the inclusion in
a report under such paragraph of any element otherwise provided
for under such paragraph if the President determines that the
waiver is justified for national security reasons.
(2) The President shall publish a notice of each waiver made
under this subsection in the Federal Register no later than the
date on which the reports required under paragraph (1) or (3)
of subsection (i) are submitted to Congress. The reports required
under paragraph (1) or (3) of subsection (i) shall specify whether
waivers under this subsection were made and with respect to which
elements.
(m) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ 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.
(n) FUNDING.—(1) Of the amounts appropriated for fiscal year
2004 for the Operating Expenses of the Coalition Provisional
Authority in title II of this Act, $75,000,000 shall be available
to carry out this section.
(2) The amount available under paragraph (1) shall remain
available until expended.
(o) The Office of Inspector General shall terminate 6 months
after the authorities and duties of the Coalition Provisional
Authority cease to exist.
H. R. 3289—31
TITLE IV—GENERAL PROVISIONS, THIS ACT
SEC. 4001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
SEC. 4002. The amounts provided in this Act are designated
by the Congress as an emergency requirement pursuant to section
502 of H. Con. Res. 95 (108th Congress).
SEC. 4003. For purposes of computing the amount of a payment
for an eligible local educational agency under section 8003(a) of
the Elementary and Secondary Education Act (20 U.S.C. 7703(a))
for school year 2003–2004, children enrolled in a school of such
agency who would otherwise be eligible to be claimed for payment
under section 8003(a)(1)(B) of such Act, but due to the deployment
of both parents or legal guardians, or a parent or legal guardian
having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long
as such children reside on Federal property as described in section
8003(a)(1)(B)), are no longer eligible under such section, shall be
considered as eligible students under such section, provided such
students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change
in eligibility status.
This Act may be cited as the ‘‘Emergency Supplemental Appro-
priations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.