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(c) WAIVER AUTHORITY.—For purposes of the exercise of the
authority provided by this section or any other provision of law
making funding available for the Commanders’ Emergency
Response Program referred to in subsection (a) (including a program
referred to in paragraph (2) of that subsection), the Secretary may
waive any provision of law not contained in this section that would
(but for the waiver) prohibit, restrict, limit, or otherwise constrain
the exercise of that authority.
(d) REVIEW OF LAWS.—Not later than 120 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report identi-
fying all provisions of law that (if not waived) would prohibit,
restrict, limit, or otherwise constrain the exercise of the authority
provided in this section or any other provision of law using funds
available for the purposes stated in subsection (a).
SEC. 1202. ASSISTANCE TO IRAQ AND AFGHANISTAN MILITARY AND
SECURITY FORCES.
(a) AUTHORITY.—The Secretary of Defense may provide assist-
ance under this section to Iraq and Afghanistan military and secu-
rity forces. Such assistance shall be provided, subject to the provi-
sions of this section, solely to enhance the ability of such forces
to combat terrorism and support United States or coalition military
operations in Iraq and Afghanistan, respectively.
(b) TYPE OF ASSISTANCE.—Assistance provided under subsection
(a) may include equipment, supplies, services, and training.
(c) LIMITATIONS.—Assistance under this section or under any
other provision of law for the purpose described in subsection (a)
may be provided only from funds available to the Department
of Defense for fiscal year 2005 for operation and maintenance
under title XV. The total amount of such assistance may not exceed
$500,000,000.
(d) CONGRESSIONAL NOTIFICATION.—Before any provision of
assistance under this section or any other provision of law for
the purpose described in subsection (a), the Secretary of Defense
shall submit to the congressional defense committees a notification
of the assistance proposed to be provided. Any such notification
shall be submitted not less than 15 days before the provision
of such assistance.
(e) MILITARY AND SECURITY FORCES DEFINED.—For purposes
of this section, the term ‘‘military and security forces’’ means
national armies, national guard forces, border security forces, civil
defense forces, infrastructure protection forces, and police.
SEC. 1203. REDESIGNATION AND MODIFICATION OF AUTHORITIES
RELATING TO INSPECTOR GENERAL OF THE COALITION
PROVISIONAL AUTHORITY.
(a) REDESIGNATION.—(1) Subsections (b) and (c)(1) of section
3001 of the Emergency Supplemental Appropriations Act for
Defense and for the Reconstruction of Iraq and Afghanistan, 2004
(Public Law 108–106; 117 Stat. 1234; 5 U.S.C. App. 3 section
8G note) are each amended by striking ‘‘Office of the Inspector
General of the Coalition Provisional Authority’’ and inserting ‘‘Office
of the Special Inspector General for Iraq Reconstruction’’.
(2) Subsection (c)(1) of such section is further amended by
striking ‘‘Inspector General of the Coalition Provisional Authority’’
H. R. 4200—269
and inserting ‘‘Special Inspector General for Iraq Reconstruction
(in this section referred to as the ‘Inspector General’)’’.
(3)(A) The heading of such section is amended to read as
follows:
‘‘SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUC-
TION.’’.
(B) The heading of title III of such Act is amended to read
as follows:
‘‘TITLE III—SPECIAL INSPECTOR GEN-
ERAL FOR IRAQ RECONSTRUCTION’’.
(b) CONTINUATION IN OFFICE.—The individual serving as the
Inspector General of the Coalition Provisional Authority as of the
date of the enactment of this Act may continue to serve in that
position after that date without reappointment under paragraph
(1) of section 3001(c) of the Emergency Supplemental Appropriations
Act for Defense and for the Reconstruction of Iraq and Afghanistan,
2004, but remaining subject to removal as specified in paragraph
(4) of that section.
(c) PURPOSES.—Subsection (a) of such section is amended—
(1) in paragraph (1), by striking ‘‘of the Coalition Provi-
sional Authority (CPA)’’ and inserting ‘‘funded with amounts
appropriated or otherwise made available to the Iraq Relief
and Reconstruction Fund’’;
(2) in paragraph (2)(B), by striking ‘‘fraud’’ and inserting
‘‘waste, fraud,’’; and
(3) in paragraph (3), by striking ‘‘the head of the Coalition
Provisional Authority’’ and inserting ‘‘the Secretary of State
and the Secretary of Defense’’.
(d) RESPONSIBILITIES OF ASSISTANT INSPECTOR GENERAL FOR
AUDITING.—Subsection (d)(1) of such section is amended by striking
‘‘of the Coalition Provisional Authority’’ and inserting ‘‘supported
by the Iraq Relief and Reconstruction Fund’’.
(e) SUPERVISION.—Such section is further amended—
(1) in subsection (e)—
(A) in paragraph (1), by striking ‘‘the head of the
Coalition Provisional Authority’’ and inserting ‘‘the Sec-
retary of State and the Secretary of Defense’’; and
(B) in paragraph (2)—
(i) by striking ‘‘Neither the head of the Coalition
Provisional Authority,’’ and all that follows through
‘‘nor any other officer’’ and inserting ‘‘No officer’’; and
(ii) by striking ‘‘investigation,’’ and all that follows
through ‘‘course of any’’ and inserting ‘‘investigation
related to the Iraq Relief and Reconstruction Fund
or from issuing any subpoena during the course of
any such’’;
(2) in subsection (h)—
(A) in paragraphs (4)(B) and (5), by striking ‘‘head
of the Coalition Provisional Authority’’ and inserting ‘‘Sec-
retary of State or Secretary of Defense, as appropriate,’’;
and
(B) in paragraph (5), by striking ‘‘at the central and
field locations of the Coalition Provisional Authority’’ and
H. R. 4200—270
inserting ‘‘within the Department of Defense or at appro-
priate locations of the Department of State in Iraq’’;
(3) in subsection (j)—
(A) in paragraph (1), by striking ‘‘the head of the
Coalition Provisional Authority’’ and inserting ‘‘the Sec-
retary of State and the Secretary of Defense’’; and
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking ‘‘the head of the Coalition Provi-
sional Authority’’ the first place it appears and
inserting ‘‘the Secretary of State or the Secretary
of Defense’’; and
(II) by striking ‘‘the head of the Coalition
Provisional Authority’’ the second place it appears
and inserting ‘‘the Secretary of State or the Sec-
retary of Defense, as the case may be,’’; and
(ii) in subparagraph (B), by striking ‘‘the head
of the Coalition Provisional Authority’’ and inserting
‘‘the Secretary of State or the Secretary of Defense,
as the case may be,’’; and
(4) in subsection (k), by striking ‘‘the head of the Coalition
Provisional Authority shall’’ both places it appears and
inserting ‘‘the Secretary of State and the Secretary of Defense
shall jointly’’.
(f) DUTIES.—Subsection (f)(1) of such section is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘appropriated funds by the Coalition Provisional Authority in
Iraq’’ and inserting ‘‘amounts appropriated or otherwise made
available to the Iraq Relief and Reconstruction Fund’’; and
(2) in subparagraph (D), by striking ‘‘the Coalition Provi-
sional Authority,’’ and all that follows through ‘‘Government,
and’’ and inserting ‘‘departments, agencies, and entities of the
United States and’’.
(g) INTERAGENCY COORDINATION.—Subsection (f) of such section
is further amended by striking paragraphs (4) and (5) and inserting
the following new paragraph (4):
‘‘(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, each of the
following:
‘‘(A) The Inspector General of the Department of State.
‘‘(B) The Inspector General of the Department of Defense.
‘‘(C) The Inspector General of the United States Agency
for International Development.’’.
(h) POWERS AND AUTHORITIES.—Subsection (g)(1) of such section
is amended by inserting before the period the following: ‘‘, including
the authorities under subsection (e) of such section’’.
(i) REPORTS.—Subsection (i) of such section is amended—
(1) in paragraph (1)—
(A) by striking the first sentence and inserting the
following: ‘‘Not later than 30 days after the end of each
fiscal-year quarter, the Inspector General shall submit to
the appropriate committees of Congress a report summa-
rizing, for the period of that quarter and, to the extent
possible, the period from the end of such quarter to the
time of the submission of the report, the activities during
such period of the Inspector General and the activities
H. R. 4200—271
under programs and operations funded with amounts
appropriated or otherwise made available to the Iraq Relief
and Reconstruction Fund.’’;
(B) in subparagraph (B), by striking ‘‘the Coalition
Provisional Authority’’ and inserting ‘‘the Department of
Defense, the Department of State, and the United States
Agency for International Development, as applicable,’’;
(C) in subparagraph (E)—
(i) by striking ‘‘the Coalition Provisional Authority
and of any other’’; and
(ii) by striking ‘‘appropriated funds’’ and inserting
‘‘amounts appropriated or otherwise made available
to the Iraq Relief and Reconstruction Fund’’; and
(D) in subparagraph (F)(iii), by striking ‘‘the Coalition
Provisional Authority’’ and inserting ‘‘the contracting
department or agency’’;
(2) in paragraph (2), by striking ‘‘by the Coalition Provi-
sional Authority’’ and inserting ‘‘by any department or agency
of the United States Government that involves the use of
amounts appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund’’;
(3) in paragraph (3)—
(A) by striking ‘‘Not later than June 30, 2004, and
semiannually thereafter, the’’ and inserting ‘‘The’’;
(B) by striking ‘‘a report’’ and inserting ‘‘semiannual
reports’’; and
(C) and by adding at the end the following new sen-
tence: ‘‘The first such report for a year, covering the first
six months of the year, shall be submitted not later than
July 31 of that year, and the second such report, covering
the second six months of the year, shall be submitted
not later than January 31 of the following year.’’; and
(4) in paragraph (4), by striking ‘‘of the Coalition Provi-
sional Authority’’ and inserting ‘‘of the Department of State
and of the Department of Defense’’.
(j) TERMINATION.—Subsection (o) of such section is amended
to read as follows:
‘‘(o) TERMINATION.—The Office of the Inspector General shall
terminate on the date that is 10 months after the date, as deter-
mined by the Secretary of State and the Secretary of Defense,
on which 80 percent of the amounts appropriated or otherwise
made available to the Iraq Relief and Reconstruction Fund by
chapter 2 of title II of this Act have been obligated.’’.
SEC. 1204. PRESIDENTIAL REPORT ON STRATEGY FOR STABILIZATION
OF IRAQ.
(a) STABILIZATION STRATEGY.—Not later than 120 days after
the date of the enactment of this Act, the President shall submit
to Congress an unclassified report (with classified annex, if nec-
essary) on the strategy of the United States and coalition forces
for stabilizing Iraq. The report shall contain a detailed explanation
of the strategy, together with the following:
(1) A description of the efforts of the President to work
with the United Nations to provide support for, and assistance
to, the transitional government in Iraq and, in particular, the
efforts of the President to negotiate and secure adoption by
the United Nations Security Council of Resolution 1546.
H. R. 4200—272
(2) A description of the efforts of the President to continue
to work with North Atlantic Treaty Organization (NATO)
member states and non-NATO member states to provide sup-
port for and augment coalition forces, including—
(A) the current military forces of coalition countries
deployed to Iraq;
(B) the current police forces of coalition countries
deployed to Iraq;
(C) the current financial resources of coalition countries
pledged and provided for the stabilization and reconstruc-
tion of Iraq; and
(D) a list of countries that have pledged to deploy
military or police forces, including the schedule and level
of such deployments.
(3) The strategic plan referred to in subsection (b) relating
to Iraqi security forces.
(4) A description of the efforts of the United States and
coalition forces to assist in the reconstruction of essential infra-
structure of Iraq, including the oil industry, electricity genera-
tion, roads, schools, and hospitals.
(5) A description of the efforts of the United States, coalition
partners, and relevant international agencies to assist in the
development of political institutions and prepare for democratic
elections in Iraq.
(6) A description of the obstacles, including financial, tech-
nical, logistic, personnel, political, and other obstacles, faced
by NATO in generating and deploying military forces out of
theater to locations such as Iraq.
(b) IRAQI SECURITY FORCES.—The President shall include in
the report under subsection (a) a strategic plan setting forth the
manner in which the coaltion will achieve the goal of establishing
viable and professional Iraqi security forces able to provide for
the long-term security of the Iraqi people. That strategic plan
shall include at least the following:
(1) Recruiting and retention goals, shown for each service
of the Iraqi security forces.
(2) Training plans for each service of the Iraqi security
forces.
(3) A description of metrics by which progress toward the
goal of Iraqi provision for its own security can be measured.
(4) A description of equipment needs, shown for each service
of the Iraqi security forces.
(5) A resourcing plan for achieving the goals of the strategic
plan.
(6) Personnel plans in terms of United States military
and contractor personnel to be used in training each such
service.
(7) A description of challenges faced and opportunities pre-
sented in particular regions of Iraq and a plan for addressing
those challenges.
(8) A discussion of training and deployment successes and
failures to the date of the report and how lessons from those
successes and failures will be incorporated into the strategic
plan.
(c) QUARTERLY REPORTS.—Not later than 30 days after the
end of each quarter of calendar year 2005, the Secretary of Defense
shall submit to the Congress a report on the actions taken under
H. R. 4200—273
the strategic plan set forth pursuant to subsection (b) since the
date of the enactment of this Act. Each such report shall be prepared
in conjunction with the Secretary of State.
SEC. 1205. GUIDANCE ON CONTRACTORS SUPPORTING DEPLOYED
FORCES IN IRAQ.
(a) GUIDANCE.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance
on how the Department of Defense shall manage contractor per-
sonnel who support deployed forces and shall direct the Secretaries
of the military departments to develop procedures to ensure
implementation of that guidance. The guidance shall—
(1) establish policies for the use of contractors to support
deployed forces;
(2) delineate the roles and responsibilities of commanders
regarding the management and oversight of contractor per-
sonnel who support deployed forces; and
(3) integrate into a single document other guidance and
doctrine that may affect Department of Defense responsibilities
to contractors in locations where members of the Armed Forces
are deployed.
(b) ISSUES TO BE ADDRESSED.—The guidance issued under sub-
section (a) shall address at least the following matters:
(1) Warning contractor security personnel of potentially
hazardous situations.
(2) Coordinating the movement of contractor security per-
sonnel, especially through areas of increased risk or planned
or ongoing military operations.
(3) Rapidly identifying contractor security personnel by
members of the Armed Forces.
(4) Sharing relevant threat information with contractor
security personnel and receiving information gathered by con-
tractor security personnel for use by United States and coalition
forces.
(5) Providing appropriate assistance to contractor personnel
who become engaged in hostile situations.
(6) Providing medical assistance for, and evacuation of,
contractor personnel who become casualties as a result of enemy
actions.
(7) Investigating background and qualifications of con-
tractor security personnel and organizations.
(8) Establishing rules of engagement for armed contractor
security personnel, and ensuring proper training and compli-
ance with the rules of engagement.
(9) Establishing categories of security, intelligence, law
enforcement, and criminal justice functions that are—
(A) inherently governmental functions under Subpart
7.5 of the Federal Acquisition Regulation; or
(B) although not inherently governmental functions,
should not ordinarily be performed by contractors in areas
of operations.
(10) Establishing procedures for making and documenting
determinations about which security, intelligence, law enforce-
ment, and criminal justice functions will be performed by mili-
tary personnel and which will be performed by private compa-
nies.
H. R. 4200—274
(c) REPORT.—Not later than 30 days after issuing the guidance
required under subsection (a), the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the guidance issued under subsection
(a).
SEC. 1206. REPORT ON CONTRACTORS SUPPORTING DEPLOYED
FORCES AND RECONSTRUCTION EFFORTS IN IRAQ.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
on contractors supporting deployed forces and reconstruction efforts
in Iraq.
(b) MATTERS TO BE INCLUDED.—The report required by sub-
section (a) shall include, at a minimum, the following matters
with respect to contractors, and employees of contractors, described
in subsection (a):
(1) A description of the overall chain of command and
oversight mechanisms that are in place to ensure adequate
command and supervision of such contractor employees in crit-
ical security roles.
(2) A description of sanctions that are available to be
imposed on such a contractor employee who—
(A) fails to comply with a requirement of law or regula-
tion that applies to such employee; or
(B) engages in other misconduct.
(3) A description of disciplinary and criminal actions
brought against contractor employees during the period begin-
ning on May 1, 2003, and ending on the date of the enactment
of this Act.
(4) An explanation of the legal status of contractor
employees engaged in the performance of security functions
in Iraq after the transfer of sovereign power to Iraq on June
28, 2004.
(5) A specification of casualty and fatality figures for con-
tractor employees supporting deployed forces and reconstruction
efforts in Iraq, shown, to the extent practicable, in the following
categories:
(A) Total casualties and total fatalities.
(B) Casualties and fatalities among—
(i) nationals of the United States;
(ii) nationals of Iraq; and
(iii) nationals of states other than the United
States and Iraq.
(6) A description, to the maximum extent practicable, of
incidents in which contractor employees supporting deployed
forces and reconstruction efforts in Iraq have been engaged
in hostile fire or other incidents of note during the period
beginning on May 1, 2003, and ending on the date of the
enactment of this Act.
(c) PLANS.—The Secretary shall include with the report under
subsection (a) the following plans:
(1) A plan for establishing and implementing a process
for collecting data on individual contractors, the value of the
contracts, the number of casualties incurred, and the number
H. R. 4200—275
of personnel in Iraq performing the following services for the
Department of Defense and other Federal agencies:
(A) Personal security details.
(B) Nonmilitary site security.
(C) Nonmilitary convoy security.
(D) Interrogation services at interrogation centers oper-
ated by the Department of Defense.
(2) A plan for ensuring that military commanders in the
theater of operations have accurate information on the number,
types, and sources of weapons and other critical equipment
(such as body armor, armored vehicles, secure communications
and friend-foe identification) that contractor personnel per-
forming services specified in paragraph (1) are authorized to
possess.
(d) COORDINATION.—In the preparation of the report under
this section (including the plans under subsection (c)), the Secretary
of Defense shall coordinate, as appropriate, with the head of any
Federal agency that is involved in the procurement of services
from contractors supporting deployed forces and reconstruction
efforts in Iraq. The head of any such agency shall provide to
the Secretary of Defense such information as the Secretary may
require about such contractors to complete the report.
SEC. 1207. UNITED NATIONS OIL-FOR-FOOD PROGRAM.
(a) ACCESS TO DOCUMENTS.—It is the sense of Congress that
the Secretary of State should seek to conclude a memorandum
of understanding with the Interim Government of Iraq to ensure
that the United States will have access to all documents in the
possession of that Government related to the United Nations Oil-
for-Food Program.
(b) INFORMATION FROM THE UNITED NATIONS.—(1) The Sec-
retary of State shall use the voice and vote of the United States
in the United Nations to urge the Secretary General of the United
Nations to provide to the United States copies of all audits and
core documents related to the United Nations Oil-for-Food Program,
including all audits, examinations, studies, reviews, or similar docu-
ments prepared by the United Nations Office of Internal Oversight
Services and all responses to such documents.
(2) It is the sense of Congress that, pursuant to section 941(b)(6)
of the United Nations Reform Act of 1999 (title IX of division
A of H.R. 3427 of the 106th Congress, as enacted into law by
section 1000(a)(7) of Public Law 106–113; 113 Stat. 1501A–483),
the Comptroller General should have full and complete access to
financial information relating to the United Nations, including
information related to the financial transactions, organization, and
activities of the United Nations Oil-for-Food Program.
(3) The Secretary of State shall facilitate access by the Comp-
troller General to the financial information described in paragraph
(2).
(c) COOPERATION IN INVESTIGATIONS.—The head of any Execu-
tive agency (including the Secretary of State, the Secretary of
Defense, the Secretary of the Treasury, and the Director of the
Central Intelligence Agency) shall, upon a request in connection
with an investigation of the United Nations Oil-for-Food Program
made by a committee of jurisdiction of the Senate or House of
Representatives, promptly provide to the chairman of that
committee—
H. R. 4200—276
(1) access to any information or document described in
subsection (a) or (b) that is under the control of such agency
and responsive to the request; and
(2) cooperation in gaining access to information and docu-
ments described in subsections (a) and (b) that are not under
the control of such agency, as appropriate.
(d) REVIEW OF OIL-FOR-FOOD PROGRAM BY COMPTROLLER GEN-
ERAL.—(1) The Comptroller General shall conduct a review of the
United Nations Oil-for-Food Program, including the role of the
United States in that program. The review—
(A) in accordance with generally accepted government
auditing standards, should not interfere with any ongoing
criminal investigation or inquiry related to that program; and
(B) may take into account the results of any investigation
or inquiry related to that program.
(2) The head of each Executive agency shall fully cooperate
with the review of the Comptroller General under paragraph (1).
(e) EXECUTIVE AGENCY DEFINED.—In this section, the term
‘‘Executive agency’’ has the meaning given that term in section
105 of title 5, United States Code.
SEC. 1208 SUPPORT OF MILITARY OPERATIONS TO COMBAT TER-
RORISM.
(a) AUTHORITY.—The Secretary of Defense may expend up to
$25,000,000 during any fiscal year during which this subsection
is in effect to provide support to foreign forces, irregular forces,
groups, or individuals engaged in supporting or facilitating ongoing
military operations by United States special operations forces to
combat terrorism.
(b) PROCEDURES.—The Secretary of Defense shall establish
procedures for the exercise of the authority under subsection (a).
The Secretary shall notify the congressional defense committees
of those procedures before any exercise of that authority.
(c) NOTIFICATION.—Upon using the authority provided in sub-
section (a) to make funds available for support of an approved
military operation, the Secretary of Defense shall notify the congres-
sional defense committees expeditiously, and in any event in not
less than 48 hours, of the use of such authority with respect
to that operation. Such a notification need be provided only once
with respect to any such operation. Any such notification shall
be in writing.
(d) LIMITATION ON DELEGATION.—The authority of the Secretary
of Defense to make funds available under subsection (a) for support
of a military operation may not be delegated.
(e) INTELLIGENCE ACTIVITIES.—This section does not constitute
authority to conduct a covert action, as such term is defined in
section 503(e) of the National Security Act of 1947 (50 U.S.C.
413b(e)).
(f) ANNUAL REPORT.—Not later than 30 days after the close
of each fiscal year during which subsection (a) is in effect, the
Secretary of Defense shall submit to the congressional defense
committees a report on support provided under that subsection
during that fiscal year. Each such report shall describe the support
provided, including a statement of the recipient of the support
and the amount obligated to provide the support.
(g) FISCAL YEAR 2005 LIMITATION.—Support may be provided
under subsection (a) during fiscal year 2005 only from funds made