162
HR 3289 PP 
(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-
163
HR 3289 PP 
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
164
HR 3289 PP 
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.
165
HR 3289 PP 
(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;
166
HR 3289 PP 
(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.
167
HR 3289 PP 
This Act may be cited as the ‘‘Emergency Supple-
mental Appropriations for Iraq and Afghanistan Security 
and Reconstruction Act, 2004’’.
Passed the House of Representatives October 17, 
2003. 
Attest: 
JEFF TRANDAHL, 
Clerk. 
Passed the Senate October 17, 2003. 
Attest: 
EMILY J. REYNOLDS, 
Secretary.