[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3289 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      October 17, 2003.
    Resolved, That the bill from the House of Representatives (H.R. 
3289) entitled ``An Act making emergency supplemental appropriations 
for defense and for the reconstruction of Iraq and Afghanistan for the 
fiscal year ending September 30, 2004, and for other purposes.'', do 
pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2004, and for other purposes, namely:

                       TITLE I--NATIONAL SECURITY

                               CHAPTER 1

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$12,858,870,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$816,100,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$753,190,000.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$3,384,700,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$24,946,464,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 502 of House 
Concurrent Resolution 95, the concurrent resolution on the budget for 
fiscal year 2004: Provided further, That the entire amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in House 
Concurrent Resolution 95, the concurrent resolution on the budget for 
fiscal year 2004, is transmitted by the President to the Congress.

                    Operation and Maintenance, Navy

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Navy'', 
$1,976,258,000, of which up to $80,000,000 may be transferred to the 
Department of Homeland Security for Coast Guard Operations.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,198,981,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $5,516,368,000.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $4,218,452,000, of which--
            (1) not to exceed $15,000,000 may be used for the CINC 
        Initiative Fund account, to be used primarily in Iraq and 
        Afghanistan; and
            (2) $1,000,000,000, to remain available until expended, may 
        be used, notwithstanding any other provision of law, for 
        payments to reimburse Pakistan, Jordan, and other key 
        cooperating nations, for logistical, military, and other 
        support provided, or to be provided, to United States military 
        operations: Provided, That such payments may be made in such 
        amounts as the Secretary of Defense, with the concurrence of 
        the Secretary of State, and in consultation with the Director 
        of the Office of Management and Budget, may determine, in his 
        discretion, based on documentation determined by the Secretary 
        of Defense to adequately account for the support provided, and 
        such determination is final and conclusive upon the accounting 
        officers of the United States, and 15 days following 
        notification to the appropriate congressional committees: 
        Provided further, That the Secretary of Defense shall provide 
        quarterly reports to the Committees on Appropriations on the 
        use of these funds.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $16,000,000.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $53,000,000.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $214,000,000.

             Overseas Humanitarian, Disaster, and Civic Aid

    For an additional amount for ``Overseas Humanitarian, Disaster, and 
Civic Aid'', $35,500,000.

                           Iraq Freedom Fund

                          (transfer of funds)

    For ``Iraq Freedom Fund'', $1,988,600,000, to remain available for 
transfer until September 30, 2005, for the purposes authorized under 
this heading in Public Law 108-11: Provided, That the Secretary of 
Defense may transfer the funds provided herein to appropriations for 
military personnel; operation and maintenance; Overseas Humanitarian, 
Disaster Assistance, and Civic Aid; procurement; military construction; 
the Defense Health Program; and working capital funds: Provided 
further, That funds transferred shall be merged with and be available 
for the same purposes and for the same time period as the appropriation 
or fund to which transferred: Provided further, That this transfer 
authority is in addition to any other transfer authority available to 
the Department of Defense: Provided further, That upon a determination 
that all or part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
Secretary of Defense shall, not fewer than 5 days prior to making 
transfers from this appropriation, notify the congressional defense 
committees in writing of the details of any such transfer: Provided 
further, That the Secretary shall submit a report no later than 30 days 
after the end of each fiscal quarter to the congressional defense 
committees summarizing the details of the transfer of funds from this 
appropriation: Provided further, That not less than $4,000,000 shall be 
transferred to ``Office of the Inspector General'' for financial and 
performance audits of funds apportioned to the Department of Defense 
from the Iraq Relief and Reconstruction Fund.

                              PROCUREMENT

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$6,200,000, to remain available until September 30, 2006.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $104,000,000, to remain available until 
September 30, 2006: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 502 of 
House Concurrent Resolution 95, the concurrent resolution on the budget 
for fiscal year 2004: Provided further, That the entire amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in House 
Concurrent Resolution 95, the concurrent resolution on the budget for 
fiscal year 2004, is transmitted by the President to the Congress.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$1,078,687,000, to remain available until September 30, 2006: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of House Concurrent Resolution 95, 
the concurrent resolution on the budget for fiscal year 2004: Provided 
further, That the entire amount shall be available only to the extent 
that an official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in House Concurrent Resolution 95, the 
concurrent resolution on the budget for fiscal year 2004, is 
transmitted by the President to the Congress.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$128,600,000, to remain available until September 30, 2006.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$76,357,000, to remain available until September 30, 2006.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$123,397,000, to remain available until September 30, 2006.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$40,972,000, to remain available until September 30, 2006.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$20,450,000, to remain available until September 30, 2006.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$3,441,006,000, to remain available until September 30, 2006.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$435,635,000, to remain available until September 30, 2006.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $34,000,000, to remain available until September 
30, 2005.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $39,070,000, to remain available until 
September 30, 2005.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $265,817,000, to remain available until 
September 30, 2005.

                     REVOLVING AND MANAGEMENT FUNDS

                   Working Capital Fund, Defense-Wide

    For an additional amount for ``Working Capital Fund, Defense-
Wide'', $600,000,000.

                     National Defense Sealift Fund

    For an additional amount for ``National Defense Sealift Fund'', 
$24,000,000, to remain available until expended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$658,380,000 for Operation and maintenance.

         Drug Interdiction and Counter-Drug Activities, Defense

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $73,000,000: Provided, That these funds may be 
used only for such activities related to Afghanistan: Provided further, 
That the Secretary of Defense may transfer the funds provided herein 
only to appropriations for military personnel; operation and 
maintenance; procurement; and research, development, test, and 
evaluation: Provided further, That the funds transferred shall be 
merged with and be available for the same purposes and for the same 
time period, as the appropriation to which transferred: Provided 
further, That the transfer authority provided in this paragraph is in 
addition to any other transfer authority available to the Department of 
Defense: Provided further, That upon a determination that all or part 
of the funds transferred from this appropriation are not necessary for 
the purposes provided herein, such amounts may be transferred back to 
this appropriation.

                            RELATED AGENCIES

               Intelligence Community Management Account

                     (including transfer of funds)

    For an additional amount for ``Intelligence Community Management 
Account'', $21,500,000, to remain available until September 30, 2005; 
of which $3,000,000 may be transferred to and merged with the 
Department of Energy, ``Other Defense Activities'', and $15,500,000 may 
be transferred to and merged with the Federal Bureau of Investigation, 
``Salaries and Expenses''.

                               CHAPTER 2

                         MILITARY CONSTRUCTION

                      Military Construction, Army

    For an additional amount for ```Military Construction, Army'', 
$119,900,000, to remain available until September 30, 2008: Provided, 
That such funds may be obligated and expended to carry out military 
construction projects not otherwise authorized by law.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$292,550,000, to remain available until September 30, 2008: Provided, 
That such funds may be obligated and expended to carry out military 
construction projects not otherwise authorized by law.

                               CHAPTER 3

                     GENERAL PROVISIONS, THIS TITLE

    Sec. 301. Section 202(b) of the Afghanistan Freedom Support Act of 
2002 (Public Law 107-327) is amended by striking ``$300,000,000'' and 
inserting ``$450,000,000''.
    Sec. 302. Upon his determination that such action is necessary in 
the national interest, the Secretary of Defense may transfer between 
appropriations up to $2,500,000,000 of the funds made available in this 
title, and in addition such funds as necessary, not to exceed 
$5,000,000,000, as approved by the House and Senate Appropriations 
Committees, Subcommittees on Defense: Provided, That the Secretary 
shall notify the Congress promptly of each transfer made pursuant to 
this authority: Provided further, That the transfer authority provided 
in this section is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That the 
authority in this section is subject to the same terms and conditions 
as the authority provided in section 8005 of the Department of Defense 
Appropriations Act, 2004.
    Sec. 303. Funds appropriated in this title, or made available by 
transfer of funds in or pursuant to this title, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).
    Sec. 304. None of the funds available to the Department of Defense 
may be obligated to implement any action which alters the command 
responsibility or permanent assignment of forces until 90 days after 
such plan has been provided to the congressional defense committees.
    Sec. 305. Sections 1318 and 1319 of Public Law 108-11 shall remain 
in effect during fiscal year 2004.
    Sec. 306. From October 1, 2003 through September 30, 2004, (a) the 
rates of pay authorized by section 310(a) of title 37, United States 
Code, shall be increased to $225; and (b) the rates of pay authorized 
by section 427(a)(1) of title 37, United States Code, shall be 
increased to $250.
    Sec. 307. (a) Section 1313 of Public Law 108-11 is amended by 
adding the word, ``unobligated'', before ``balances''.
    (b) After October 31, 2003, adjustments to obligations that would 
have been properly chargeable to the Defense Emergency Response Fund 
shall be charged to any current appropriation account of the Department 
of Defense available for the same purpose.
    Sec. 308. Within 30 days after the enactment of this Act, the 
Secretary of Defense shall report to the Committees on Appropriations 
on progress to implement the terms of section 8082 of the Department of 
Defense Appropriations Act, 2004.
    Sec. 309. None of the funds provided in this title may be used to 
finance programs or activities denied by Congress in fiscal year 2003 
or 2004 appropriations to the Department of Defense or to initiate a 
procurement or research, development, test and evaluation new start 
program without prior notification to the congressional defense 
committees.
    Sec. 310. During the current fiscal year, funds available to the 
Department of Defense for operation and maintenance may be used, 
notwithstanding any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and other 
logistical support to coalition forces supporting military and 
stability operations in Iraq: Provided, That the Secretary of Defense 
shall provide quarterly reports to the Committees on Appropriations 
regarding support provided under this section.
    Sec. 311. Notwithstanding any other provision of law, from funds 
available to the Department of Defense for operation and maintenance in 
fiscal year 2004, not to exceed $200,000,000 may be used by the 
Secretary of Defense, with the concurrence of the Secretary of State, 
to provide assistance only to the New Iraqi Army and the Afghan 
National Army to enhance their capability to combat terrorism and to 
support U.S. military operations in Iraq and Afghanistan: Provided, 
That such assistance may include the provision of equipment, supplies, 
services, training and funding: Provided further, That the authority to 
provide assistance under this section is in addition to any other 
authority to provide assistance to foreign nations: Provided further, 
That the Secretary of Defense shall notify Congress not less than 15 
days before providing assistance under the authority of this section.
    Sec. 312. (a) Report on Military Readiness Implications of 
Operation Iraqi Freedom.--
            (1) The Secretary of Defense shall submit to the 
        congressional defense committees a report assessing the 
        implications for United States military readiness of the 
        participation of United States ground combat forces in 
        Operation Iraqi Freedom.
            (2) The report shall be submitted not later than 30 days 
        after the date of the enactment of this Act.
    (b) Matters To Be Included.--The report under subsection (a) shall 
include the following:
            (1) An estimate of the total number of forces required to 
        carry out Operation Iraqi Freedom, including forces required 
        for a rotation base.
            (2) An estimate of the expected duration of the operation.
            (3) An estimate of the cost of the operation together with 
        an explanation of how the Secretary will use the funds provided 
        for the operation, and an assessment of how such proposed 
        funding plan would affect overall military readiness.
            (4) An assessment of how readily forces participating in 
        the operation could be redeployed to additional overlapping 
        major conflicts while providing for the President the option to 
        call for victory in one of those conflicts, as well as to 
        conduct a limited number of smaller-scale contingency 
        operations, including an analysis of the availability of 
        strategic lift, the likely condition of equipment, and the 
        extent of retraining necessary to facilitate such a 
        redeployment.
            (5) An assessment of the effect of the operation on the 
        general combat readiness and deployability of combat units to 
        defend the homeland and for the Global War on Terrorism.
            (6) An assessment of the effect of the operation on the 
        four 2001 Quadrennial Defense Review defense policy goals, 
        namely assuring allies and friends, dissuading future military 
        competitors, deterring threats and coercion against United 
        States interests and, if deterrence fails, decisively defeating 
        any adversary.
            (7) An assessment of the effect the operation would have on 
        the general combat readiness and deployability of combat units 
        not designated to be part of the operation including active 
        forces, reserve, and National Guard.
            (8) For current deployment and subsequent rotations, an 
        assessment of the number and type of combat support and combat 
        service support units required from active forces, reserve, and 
        National Guard, and the expected duration of each rotation.
            (9) An assessment of the degree to which the operation will 
        require the use of reserve component units and personnel and 
        the use and timing of involuntary Selected Reserve callup 
        authority as provided by section 12304 of title 10, United 
        States Code.
            (10) An assessment of the anticipated annual cost of 
        equipment refurbishment and replacement resulting from the 
        operation.
            (11) An assessment of how the increased operational tempo 
        associated with the operation would affect the mission capable 
        readiness rates and overall health of both strategic and 
        theater airlift assets.
            (12) An assessment of the effect the operation will have on 
        the ability of the United States Armed Forces, including the 
        active forces, reserve, and National Guard, to meet recruiting 
        goals.
            (13) An assessment of the effect of the operation on 
        training infrastructure and instrumentation of United States 
        training ranges, including the active forces, reserve, and 
        National Guard.
            (14) An assessment of the effect the operation will have on 
        retention among active forces, reserve, and National Guard.
            (15) An assessment of the effect of the operation on 
        quality of life issues for active forces, reserve, and National 
        Guard.
    (c) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Congressional Defense Committees Defined.--In this section, the 
term ``congressional defense committees'' means--
            (1) the Committees on Armed Services and Appropriations of 
        the Senate; and
            (2) the Committees on Armed Services and Appropriations of 
        the House of Representatives.
    Sec. 313. (a) Section 1075 of title 10, United States Code, is 
amended--
            (1) by inserting ``(a) In General.--'' before ``When''; and
            (2) by striking the second sentence and inserting the 
        following:
    ``(b) Exceptions.--Subsection (a) shall not apply to any of the 
following:
            ``(1) An enlisted member, or former enlisted member, of a 
        uniformed service who is entitled to retired or retainer pay or 
        equivalent pay.
            ``(2) An officer or former officer of a uniformed service, 
        or an enlisted member or former enlisted member of a uniformed 
        service not described in paragraph (1), who is hospitalized 
        under section 1074 of this title because of an injury or 
        disease incurred (as determined under criteria prescribed by 
        the Secretary of Defense)--
                    ``(A) as a direct result of armed conflict;
                    ``(B) while engaged in hazardous service;
                    ``(C) in the performance of duty under conditions 
                simulating war; or
                    ``(D) through an instrumentality of war.''.
    (b) Section 1075(b) of title 10, United States Code, as added by 
subsection (a), shall take effect as of September 11, 2001, and shall 
apply with respect to injuries or diseases incurred on or after that 
date.
    Sec. 314. (a) Transfer Authority.--Subject to subsection (b), the 
Secretary of Defense may transfer not more than $150,000,000 of the 
funds appropriated in this title to the contingency construction 
account, authorized under section 2804 of title 10, United States Code, 
to carry out military construction projects not otherwise authorized by 
law. Funds so transferred shall be merged with and be available for the 
same purposes and the same time period as the appropriation to which 
transferred. The transfer authority under this section is in addition 
to any other transfer authority available to the Department of Defense.
    (b) Conditions on Transfer.--A transfer of funds under subsection 
(a) may not be made until the end of the 7-day period beginning on the 
date the Secretary of Defense submits written notice to the appropriate 
committees of Congress certifying that the transfer is necessary to 
respond to, or protect against, acts or threatened acts of terrorism or 
to support Department of Defense operations in Iraq, and specifying the 
amounts and purposes of the transfer, including a list of proposed 
projects and their estimated costs.
    (c) Notice of Obligations.--Notwithstanding section 2804(b) of 
title 10, United States Code, when a decision is made to carry out a 
military construction project using funds transferred to the 
contingency construction account under subsection (a), the Secretary of 
Defense shall submit written notice to the appropriate committees of 
Congress no later than 15 days after the obligation of the funds for 
the project, specifying the source of the transferred funds and the 
estimated cost of the project, including form 1391.
    (d) Definitions.--For purposes of this section, the terms 
``appropriate committees of Congress'', ``military construction'', and 
``military installation'' have the meanings given such terms in section 
2801 of title 10, United States Code, except that, with respect to 
military construction in a foreign country, the term ``military 
installation'' includes not only buildings, structures, and other 
improvements to real property under the operational control of the 
Secretary of a military department or the Secretary of Defense, but 
also any building, structure, or other improvement to real property to 
be used by the Armed Forces, regardless of whether such use is 
anticipated to be temporary or of longer duration; and further 
excepting that ``appropriate committees of Congress'' shall include the 
Subcommittees on Military Construction of the Committees on 
Appropriations of the Senate and House of Representatives.
    Sec. 315. Commending the Armed Forces for Efforts in Operation 
Enduring Freedom and Operation Iraqi Freedom. (a) Purpose.--Recognizing 
and commending the members of the United States Armed Forces and their 
leaders, and the allies of the United States and their armed forces, 
who participated in Operation Enduring Freedom in Afghanistan and 
Operation Iraqi Freedom in Iraq and recognizing the continuing 
dedication of military families and employers and defense civilians and 
contractors and the countless communities and patriotic organizations 
that lent their support to the Armed Forces during those operations.
    (b) Findings.--The Senate finds that--
            (1) the September 11, 2001, terrorist attacks on the United 
        States, which killed thousands of people from the United States 
        and other countries in New York, Virginia, and Pennsylvania, 
        inaugurated the Global War on Terrorism;
            (2) the intelligence community quickly identified Al Qaeda 
        as a terrorist organization with global reach and the President 
        determined that United States national security required the 
        elimination of the Al Qaeda terrorist organization;
            (3) the Taliban regime of Afghanistan had long harbored Al 
        Qaeda, providing members of that organization a safe haven from 
        which to attack the United States and its friends and allies, 
        and the refusal of that regime to discontinue its support for 
        international terrorism and surrender Al Qaeda's leaders to the 
        United States made it a threat to international peace and 
        security;
            (4) Saddam Hussein and his regime's longstanding 
        sponsorship of international terrorism, active pursuit of 
        weapons of mass destruction, use of such weapons against Iraq's 
        own citizens and neighboring countries, aggression against 
        Iraq's neighbors, and brutal repression of Iraq's population 
        made Saddam Hussein and his regime a threat to international 
        peace and security;
            (5) the United States pursued sustained diplomatic, 
        political, and economic efforts to remove those threats 
        peacefully;
            (6) on October 7, 2001, the Armed Forces of the United 
        States and its coalition allies launched military operations in 
        Afghanistan, designated as Operation Enduring Freedom, that 
        quickly caused the collapse of the Taliban regime, the 
        elimination of Afghanistan's terrorist infrastructure, and the 
        capture of significant and numerous members of Al Qaeda;
            (7) on March 19, 2003, the Armed Forces of the United 
        States and its coalition allies launched military operations, 
        designated as Operation Iraqi Freedom, that quickly caused the 
        collapse of Saddam Hussein's regime, the elimination of Iraq's 
        terrorist infrastructure, the end of Iraq's illicit and illegal 
        programs to acquire weapons of mass destruction, and the 
        capture of significant international terrorists;
            (8) in those two campaigns in the Global War on Terrorism, 
        as of September 27, 2003, nearly 165,000 members of the United 
        States Armed Forces, comprised of active, reserve, and National 
        Guard members and units, had mobilized for Operation Enduring 
        Freedom and Operation Iraqi Freedom;
            (9) success in those two campaigns in the Global War on 
        Terrorism would not have been possible without the dedication, 
        courage, and service of the members of the United States Armed 
        Forces and the military and irregular forces of the friends and 
        allies of the United States;
            (10) the support, love, and commitment from the families of 
        United States service personnel participating in those two 
        operations, as well as that of the communities and patriotic 
        organizations which provided support through the United 
        Services Organization (USO), Operation Dear Abby, and Operation 
        UpLink, helped to sustain those service personnel and enabled 
        them to eliminate significant threats to United States national 
        security while liberating oppressed peoples from dictatorial 
        regimes;
            (11) the civilian employees of the Department of Defense, 
        through their hard work and dedication, enabled United States 
        military forces to quickly and effectively achieve the United 
        States military missions in Afghanistan and Iraq;
            (12) the commitment of companies making their employees 
        available for military service, the creativity and initiative 
        of contractors equipping the Nation's Armed Forces with the 
        best and most modern equipment, and the ingenuity of service 
        companies assisting with the global overseas deployment of the 
        Armed Forces demonstrates that the entrepreneurial spirit of 
        the United States is an extraordinarily valuable defense asset; 
        and
            (13) the Nation should pause to recognize with appropriate 
        tributes and days of remembrance the sacrifice of those members 
        of the Armed Forces who died or were wounded in Operation 
        Enduring Freedom and Operation Iraqi Freedom, as well as all 
        who served in or supported either of those operations.
    (c) Sense of the Senate.--It is the sense of the Senate that the 
Senate--
            (1) conveys its deepest sympathy and condolences to the 
        families and friends of the members of United States and 
        coalition forces who have been injured, wounded, or killed 
        during Operation Enduring Freedom and Operation Iraqi Freedom;
            (2) commends President George W. Bush, Secretary of Defense 
        Donald H. Rumsfeld, and United States Central Command commander 
        General Tommy Franks, United States Army, for their planning 
        and execution of enormously successful military campaigns in 
        Operation Enduring Freedom and Operation Iraqi Freedom;
            (3) expresses its highest commendation and most sincere 
        appreciation to the members of the United States Armed Forces 
        who participated in Operation Enduring Freedom and Operation 
        Iraqi Freedom;
            (4) commends the Department of Defense civilian employees 
        and the defense contractor personnel whose skills made possible 
        the equipping of the greatest armed force in the annals of 
        modern military endeavor;
            (5) supports the efforts of communities across the Nation--
                    (A) to prepare appropriate homecoming ceremonies to 
                honor and welcome home the members of the Armed Forces 
                participating in Operation Enduring Freedom and 
                Operation Iraqi Freedom and to recognize their 
                contributions to United States homeland security and to 
                the Global War on Terrorism; and
                    (B) to prepare appropriate ceremonies to 
                commemorate with tributes and days of remembrance the 
                service and sacrifice of those service members killed 
                or wounded during those operations;
            (6) expresses the deep gratitude of the Nation to the 21 
        steadfast allies in Operation Enduring Freedom and to the 49 
        coalition members in Operation Iraqi Freedom, especially the 
        United Kingdom, Australia, and Poland, whose forces, support, 
        and contributions were invaluable and unforgettable; and
            (7) recommits the United States to ensuring the safety of 
        the United States homeland, to preventing weapons of mass 
        destruction from reaching the hands of terrorists, and to 
        helping the people of Iraq and Afghanistan build free and 
        vibrant democratic societies.
    Sec. 316. (a) In addition to other purposes for which funds in the 
Iraq Freedom Fund are available, such funds shall also be available for 
reimbursing a member of the Armed Forces for the cost of air fare 
incurred by the member for any travel by the member within the United 
States that is commenced during fiscal year 2003 or fiscal year 2004 
and is completed during either such fiscal year while the member is on 
rest and recuperation leave from deployment overseas in support of 
Operation Iraqi Freedom and Operation Enduring Freedom, but only for 
one round trip by air between two locations within the United States.
    (b) It is the sense of Congress that the commercial airline 
industry should, to the maximum extent practicable, charge members of 
the Armed Forces on rest and recuperation leave as described in 
subsection (a) and their families specially discounted, lowest 
available fares for air travel in connection with such leave and that 
any restrictions and limitations imposed by the airlines in connection 
with the air fares charged for such travel should be minimal.
    Sec. 317. (a) Section 1074a of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(f)(1) At any time after the Secretary concerned notifies members 
of the Ready Reserve that the members are to be called or ordered to 
active duty, the administering Secretaries may provide to each such 
member any medical and dental screening and care that is necessary to 
ensure that the member meets the applicable medical and dental 
standards for deployment.
    ``(2) The Secretary concerned shall promptly transmit to each 
member of the Ready Reserve eligible for screening and care under this 
subsection a notification of eligibility for such screening and care.
    ``(3) A member provided medical or dental screening or care under 
paragraph (1) may not be charged for the screening or care.
    ``(4) Screening and care may not be provided under this section 
after September 30, 2004.''.
    (b) The benefits provided under the amendment made by subsection 
(a) shall be provided only within funds available under this Act.
    Sec. 318. (a) Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1076a the following new section:
``Sec. 1076b. TRICARE program: coverage for members of the Ready 
              Reserve
    ``(a) Eligibility.--Each member of the Selected Reserve of the 
Ready Reserve and each member of the Individual Ready Reserve described 
in section 10144(b) of this title is eligible, subject to subsection 
(h), to enroll in TRICARE and receive benefits under such enrollment 
for any period that the member--
            ``(1) is an eligible unemployment compensation recipient; 
        or
            ``(2) is not eligible for health care benefits under an 
        employer-sponsored health benefits plan.
    ``(b) Types of Coverage.--(1) A member eligible under subsection 
(a) may enroll for either of the following types of coverage:
            ``(A) Self alone coverage.
            ``(B) Self and family coverage.
    ``(2) An enrollment by a member for self and family covers the 
member and the dependents of the member who are described in 
subparagraph (A), (D), or (I) of section 1072(2) of this title.
    ``(c) Open Enrollment Periods.--The Secretary of Defense shall 
provide for at least one open enrollment period each year. During an 
open enrollment period, a member eligible under subsection (a) may 
enroll in the TRICARE program or change or terminate an enrollment in 
the TRICARE program.
    ``(d) Scope of Care.--(1) A member and the dependents of a member 
enrolled in the TRICARE program under this section shall be entitled to 
the same benefits under this chapter as a member of the uniformed 
services on active duty or a dependent of such a member, respectively.
    ``(2) Section 1074(c) of this title shall apply with respect to a 
member enrolled in the TRICARE program under this section.
    ``(e) Premiums.--(1) The Secretary of Defense shall charge premiums 
for coverage pursuant to enrollments under this section. The Secretary 
shall prescribe for each of the TRICARE program options a premium for 
self alone coverage and a premium for self and family coverage.
    ``(2) The monthly amount of the premium in effect for a month for a 
type of coverage under this section shall be the amount equal to 28 
percent of the total amount determined by the Secretary on an 
appropriate actuarial basis as being reasonable for the coverage.
    ``(3) The premiums payable by a member under this subsection may be 
deducted and withheld from basic pay payable to the member under 
section 204 of title 37 or from compensation payable to the member 
under section 206 of such title. The Secretary shall prescribe the 
requirements and procedures applicable to the payment of premiums by 
members not entitled to such basic pay or compensation.
    ``(4) Amounts collected as premiums under this subsection shall be 
credited to the appropriation available for the Defense Health Program 
Account under section 1100 of this title, shall be merged with sums in 
such Account that are available for the fiscal year in which collected, 
and shall be available under subparagraph (B) of such section for such 
fiscal year.
    ``(f) Other Charges.--A person who receives health care pursuant to 
an enrollment in a TRICARE program option under this section, including 
a member who receives such health care, shall be subject to the same 
deductibles, copayments, and other nonpremium charges for health care 
as apply under this chapter for health care provided under the same 
TRICARE program option to dependents described in subparagraph (A), 
(D), or (I) of section 1072(2) of this title.
    ``(g) Termination of Enrollment.--(1) A member enrolled in the 
TRICARE program under this section may terminate the enrollment only 
during an open enrollment period provided under subsection (c), except 
as provided in subsection (h).
    ``(2) An enrollment of a member for self alone or for self and 
family under this section shall terminate on the first day of the first 
month beginning after the date on which the member ceases to be 
eligible under subsection (a).
    ``(3) The enrollment of a member under this section may be 
terminated on the basis of failure to pay the premium charged the 
member under this section.
    ``(h) Relationship to Transition TRICARE Coverage Upon Separation 
From Active Duty.--(1) A member may not enroll in the TRICARE program 
under this section while entitled to transitional health care under 
subsection (a) of section 1145 of this title or while authorized to 
receive health care under subsection (c) of such section.
    ``(2) A member who enrolls in the TRICARE program under this 
section within 90 days after the date of the termination of the 
member's entitlement or eligibility to receive health care under 
subsection (a) or (c) of section 1145 of this title may terminate the 
enrollment at any time within one year after the date of the 
enrollment.
    ``(i) Certification of Noncoverage by Other Health Benefits Plan.--
The Secretary of Defense may require a member to submit any 
certification that the Secretary considers appropriate to substantiate 
the member's assertion that the member is not covered for health care 
benefits under any other health benefits plan.
    ``(j) Eligible Unemployment Compensation Recipient Defined.--In 
this section, the term `eligible unemployment compensation recipient' 
means, with respect to any month, any individual who is determined 
eligible for any day of such month for unemployment compensation under 
State law (as defined in section 205(9) of the Federal-State Extended 
Unemployment Compensation Act of 1970), including Federal unemployment 
compensation laws administered through the State.
    ``(k) Regulations.--The Secretary of Defense, in consultation with 
the other administering Secretaries, shall prescribe regulations for 
the administration of this section.
    ``(l) Termination of Authority.--An enrollment in TRICARE under 
this section may not continue after September 30, 2004.''.
    (b) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1076a the 
following new item:

``1076b. TRICARE program: coverage for members of the Ready Reserve.''.
    (c) The benefits provided under section 1076b of title 10, United 
States Code (as added by subsection (a)), shall be provided only within 
funds available under this Act.
    Sec. 319. (a)(1) Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1078a the following new section:
``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage 
              for certain Reserves called or ordered to active duty and 
              their dependents
    ``(a) Payment of Premiums.--The Secretary concerned shall pay the 
applicable premium to continue in force any qualified health benefits 
plan coverage for an eligible reserve component member for the benefits 
coverage continuation period if timely elected by the member in 
accordance with regulations prescribed under subsection (j).
    ``(b) Eligible Member.--A member of a reserve component is eligible 
for payment of the applicable premium for continuation of qualified 
health benefits plan coverage under subsection (a) while serving on 
active duty pursuant to a call or order issued under a provision of law 
referred to in section 101(a)(13)(B) of this title during a war or 
national emergency declared by the President or Congress.
    ``(c) Qualified Health Benefits Plan Coverage.--For the purposes of 
this section, health benefits plan coverage for a member called or 
ordered to active duty is qualified health benefits plan coverage if--
            ``(1) the coverage was in force on the date on which the 
        Secretary notified the member that issuance of the call or 
        order was pending or, if no such notification was provided, the 
        date of the call or order;
            ``(2) on such date, the coverage applied to the member and 
        dependents of the member described in subparagraph (A), (D), or 
        (I) of section 1072(2) of this title; and
            ``(3) the coverage has not lapsed.
    ``(d) Applicable Premium.--The applicable premium payable under 
this section for continuation of health benefits plan coverage in the 
case of a member is the amount of the premium payable by the member for 
the coverage of the member and dependents.
    ``(e) Maximum Amount.--The total amount that the Department of 
Defense may pay for the applicable premium of a health benefits plan 
for a member under this section in a fiscal year may not exceed the 
amount determined by multiplying--
            ``(1) the sum of one plus the number of the member's 
        dependents covered by the health benefits plan, by
            ``(2) the per capita cost of providing TRICARE coverage and 
        benefits for dependents under this chapter for such fiscal 
        year, as determined by the Secretary of Defense.
    ``(f) Benefits Coverage Continuation Period.--The benefits coverage 
continuation period under this section for qualified health benefits 
plan coverage in the case of a member called or ordered to active duty 
is the period that--
            ``(1) begins on the date of the call or order; and
            ``(2) ends on the earlier of--
                    ``(A) the date on which the member's eligibility 
                for transitional health care under section 1145(a) of 
                this title terminates under paragraph (3) of such 
                section;
                    ``(B) the date on which the member elects to 
                terminate the continued qualified health benefits plan 
                coverage of the dependents of the member; or
                    ``(C) September 30, 2004.
    ``(g) Extension of Period of COBRA Coverage.--Notwithstanding any 
other provision of law--
            ``(1) any period of coverage under a COBRA continuation 
        provision (as defined in section 9832(d)(1) of the Internal 
        Revenue Code of 1986) for a member under this section shall be 
        deemed to be equal to the benefits coverage continuation period 
        for such member under this section; and
            ``(2) with respect to the election of any period of 
        coverage under a COBRA continuation provision (as so defined), 
        rules similar to the rules under section 4980B(f)(5)(C) of such 
        Code shall apply.
    ``(h) Nonduplication of Benefits.--A dependent of a member who is 
eligible for benefits under qualified health benefits plan coverage 
paid on behalf of a member by the Secretary concerned under this 
section is not eligible for benefits under the TRICARE program during a 
period of the coverage for which so paid.
    ``(i) Revocability of Election.--A member who makes an election 
under subsection (a) may revoke the election. Upon such a revocation, 
the member's dependents shall become eligible for benefits under the 
TRICARE program as provided for under this chapter.
    ``(j) Regulations.--The Secretary of Defense shall prescribe 
regulations for carrying out this section. The regulations shall 
include such requirements for making an election of payment of 
applicable premiums as the Secretary considers appropriate.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1078a the 
following new item:

``1078b. Continuation of non-TRICARE health benefits plan coverage for 
                            certain Reserves called or ordered to 
                            active duty and their dependents.''.
    (b) Section 1078b of title 10, United States Code (as added by 
subsection (a)), shall apply with respect to calls or orders of members 
of reserve components of the Armed Forces to active duty as described 
in subsection (b) of such section, that are issued by the Secretary of 
a military department before, on, or after the date of the enactment of 
this Act, but only with respect to qualified health benefits plan 
coverage (as described in subsection (c) of such section) that is in 
effect on or after the date of the enactment of this Act.
    (c) The benefits provided under section 1078b of title 10, United 
States Code (as added by subsection (a)), shall be provided only within 
funds available under this Act.
    Sec. 320. (a) Section 1074 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d)(1) For the purposes of this chapter, a member of a reserve 
component of the armed forces who is issued a delayed-effective-date 
active-duty order, or is covered by such an order, shall be treated as 
being on active duty for a period of more than 30 days beginning on the 
later of the date that is--
            ``(A) the date of the issuance of such order; or
            ``(B) 90 days before date on which the period of active 
        duty is to commence under such order for that member.
    ``(2) In this subsection, the term `delayed-effective-date active-
duty order' means an order to active duty for a period of more than 30 
days in support of a contingency operation under a provision of law 
referred to in section 101(a)(13)(B) of this title that provides for 
active-duty service to begin under such order on a date after the date 
of the issuance of the order.
    ``(3) This section shall cease to be effective on September 30, 
2004.''.
    (b) The benefits provided under the amendment made by subsection 
(a) shall be provided only within funds available under this Act.
    Sec. 321. (a) Subject to subsection (b), during the period 
beginning on the date of the enactment of this Act and ending on 
September 30, 2004, section 1145(a) of title 10, United States Code, 
shall be administered by substituting for paragraph (3) the following:
    ``(3) Transitional health care for a member under subsection (a) 
shall be available for 180 days beginning on the date on which the 
member is separated from active duty.''.
    (b)(1) Subsection (a) shall apply with respect to separations from 
active duty that take effect on or after the date of the enactment of 
this Act.
    (2) Beginning on October 1, 2004, the period for which a member is 
provided transitional health care benefits under section 1145(a) of 
title 10, United States Code, shall be adjusted as necessary to comply 
with the limits provided under paragraph (3) of such section.
    (c) The benefits provided under the amendment made by subsection 
(a) shall be provided only within funds available under this Act.
    Sec. 322. (a) Of the funds provided in this title under the heading 
``Iraq Freedom Fund'' up to $191,100,000 be available for the 
procurement of Up-Armored High Mobility Multipurpose Wheeled Vehicles 
in addition to the number of such vehicles for which funds are provided 
within the amount specified under such heading.
    (b) The Secretary of the Army shall reevaluate the requirements of 
the Army for armored security vehicles and the options available to the 
Army for procuring armored security vehicles to meet the validated 
requirements.
    Sec. 323. (a) Of the amounts appropriated by chapter 1 of this 
title under the heading ``Operation and Maintenance, Army'' and 
available for the operating expenses of the Coalition Provisional 
Authority (CPA), $10,000,000 shall be available for the establishment 
of the Office of the Inspector General of the Coalition Provisional 
Authority and for related operating expenses of the Office.
    (b) The Office of the Inspector General of the Coalition 
Provisional Authority shall be established not later than 30 days after 
the date of the enactment of this Act.
    (c)(1) The head of the Office of the Inspector General of the 
Coalition Provisional Authority shall be the Inspector General of the 
Coalition Provisional Authority.
    (2) The Inspector General shall be appointed by the President in 
accordance with, and shall otherwise be subject to the provisions of, 
section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), except 
that the person nominated for appointment as Inspector General may 
assume the duties of the office on an acting basis pending the advice 
and consent of the Senate.
    (3) The Inspector General shall have the duties, responsibilities, 
and authorities of inspectors general under the Inspector General Act 
of 1978. In carrying out such duties, responsibilities, and 
authorities, the Inspector General shall coordinate with, and receive 
the cooperation of, the Inspector General of the Department of Defense.
    (d)(1) Except as provided in paragraph (2), not later than 75 days 
after the date of the enactment of this Act, and every 10 days 
thereafter, the Inspector General of the Coalition Provisional 
Authority shall submit to the Committees on Appropriations and Foreign 
Relations of the Senate and the Committees on Appropriations and 
International Relations of the House of Representatives a report that 
sets forth--
            (A) an assessment of the financial controls of the 
        Coalition Provisional Authority;
            (B) a description of any financial irregularities that may 
        have occurred in the activities of the Authority;
            (C) a description of--
                    (i) any irregularities relating to the 
                administration of laws providing for full and open 
                competition in contracting (as defined in section 4(6) 
                of the Office of Federal Procurement Policy Act (41 
                U.S.C. 403(6))); and
                    (ii) any other irregularities related to 
                procurement;
            (D) a description of any actions taken by the Inspector 
        General to improve such financial controls or address such 
        financial irregularities;
            (E) a description of the programmatic goals of the 
        Coalition Provisional Authority; and
            (F) an assessment of the performance of the Coalition 
        Provisional Authority, including progress made by the Coalition 
        Provisional Authority in facilitating a transition to levels of 
        security, stability, and self-government in Iraq sufficient to 
        make the presence of the Coalition Provisional Authority no 
        longer necessary.
    (2) The Inspector General of the Department of Defense shall 
prepare and submit the reports otherwise required to be submitted by 
the Inspector General of the Coalition Provisional Authority under 
paragraph (1) until the earlier of--
            (A) the date that is 150 days after the date of the 
        enactment of this Act; or
            (B) the date on which a determination is made by the 
        Inspector General of the Coalition Provisional Authority that 
        the Office of the Inspector General of the Coalition 
        Provisional Authority is capable of preparing timely, accurate, 
        and complete reports in compliance with the requirements under 
        paragraph (1).
    (3) The reports under this subsection are in addition to the 
semiannual reports required of the Inspector General by section 5 of 
the Inspector General Act of 1978 and any other reports required of the 
Inspector General by law.
    (4) The Inspector General of the Coalition Provisional Authority 
(or the Inspector General of the Department of Defense, as applicable) 
shall publish each report under this subsection on the Internet website 
of the Coalition Provisional Authority.
    (e) The Office of the Inspector General of the Coalition 
Provisional Authority shall terminate on the first day that both of the 
following conditions have been met:
            (1) the Coalition Provisional Authority has transferred 
        responsibility for governing Iraq to an indigenous Iraqi 
        government; and
            (2) a United States mission to Iraq, under the direction 
        and guidance of the Secretary of State, has undertaken to 
        perform the responsibility for administering United States 
        assistance efforts in Iraq.
    Sec. 324. Report on Replacement of U.S. Troops. (a) Findings.--The 
Senate finds that:
            (1) The Coalition Provisional Authority states that 80 
        percent of Iraq is a permissive environment with people 
        returning to a normal pace of life, while 20 percent is less 
        permissive with entrenched Saddam loyalists, international 
        terrorists and general lawlessness hindering recovery efforts.
            (2) On September 9, Deputy Secretary of Defense John 
        Wolfowitz testified, ``. . . the predominantly Shia south [of 
        Iraq] has been stable and I would say far more stable than most 
        pre-war predications would have given you. And the mixed Arab, 
        Turkish, Kurdish north has also been remarkably stable, again, 
        contrary to fears that many of us had that we might face large-
        scale ethnic conflict.''.
            (3) On September 14, Secretary of State Colin Powell 
        stated, ``We see attacks against our coalition on a daily basis 
        . . . but in many parts of the country things are quite secure 
        and stable.''.
            (4) The Coalition Provisional Authority states that a major 
        focus of its security efforts has been to increase Iraqi 
        participation in and responsibility for a safe and secure Iraq.
            (5) On September 14, Secretary of Defense Donald Rumsfeld 
        stated, ``90 percent of the people in Iraq are now living in an 
        area that's governed by a city council, or a village 
        council.''.
            (6) The Coalition Provisional Authority reports that 60,000 
        Iraqis are now assisting in security, including 46,000 Iraqi 
        police nationwide.
            (7) Of the 160,000 coalition military personnel serving in 
        Iraq, 20,000 are comprised of non-United States forces.
    (b) Report.--Beginning 30 days after the enactment of this Act, the 
President or his designee shall submit a monthly report to Congress 
detailing--
            (1) the areas of Iraq determined to be largely secure and 
        stable; and
            (2) the extent to which United States troops have been 
        replaced by non-United States coalition forces, United Nation 
        forces, or Iraqi forces in the areas determined to be largely 
        secure and stable under this subsection.
    Sec. 325. (a) Congress makes the following findings:
            (1) During Operation Desert Shield and Operation Desert 
        Storm (in this section, collectively referred to as the ``First 
        Gulf War''), the regime of Saddam Hussein committed grave human 
        rights abuses and acts of terrorism against the people of Iraq 
        and citizens of the United States.
            (2) United States citizens who were taken prisoner by the 
        regime of Saddam Hussein during the First Gulf War were 
        brutally tortured and forced to endure severe physical trauma 
        and emotional abuse.
            (3) The regime of Saddam Hussein used civilian citizens of 
        the United States who were working in the Persian Gulf region 
        before and during the First Gulf War as so-called human 
        shields, threatening the personal safety and emotional well-
        being of such civilians.
            (4) Congress has recognized and authorized the right of 
        United States citizens, including prisoners of war, to hold 
        terrorist states, such as Iraq during the regime of Saddam 
        Hussein, liable for injuries caused by such states.
            (5) The United States district courts are authorized to 
        adjudicate cases brought by individuals injured by terrorist 
        states.
    (b) It is the sense of Congress that--
            (1) notwithstanding section 1503 of the Emergency Wartime 
        Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 
        Stat. 579) and any other provision of law, a citizen of the 
        United States who was a prisoner of war or who was used by the 
        regime of Saddam Hussein and by Iraq as a so-called human 
        shield during the First Gulf War should have the opportunity to 
        have any claim for damages caused by the regime of Saddam 
        Hussein and by Iraq incurred by such citizen fully adjudicated 
        in the appropriate United States district court;
            (2) any judgment for such damages awarded to such citizen, 
        or the family of such citizen, should be fully enforced; and
            (3) the Attorney General should enter into negotiations 
        with each such citizen, or the family of each such citizen, to 
        develop a fair and reasonable method of providing compensation 
        for the damages each such citizen incurred, including using 
        assets of the regime of Saddam Hussein held by the Government 
        of the United States or any other appropriate sources to 
        provide such compensation.
    Sec. 326. (a) Findings.--Congress makes the following findings:
            (1) The National Guard and Reserves have served the Nation 
        in times of national crises for more than 200 years. The 
        National Guard and Reserves are a critical component of 
        homeland security and national defense.
            (2) The current deployments of many members of the National 
        Guard and Reserve have made them absent from their communities 
        for an abnormally long time. This has diminished the ability of 
        the National Guard to conduct its State missions.
            (3) Many members of the National Guard and Reserves have 
        been on active duty for more than a year, and many more have 
        had their tours of active duty involuntarily extended while 
        overseas.
    (b) Report on Utilization of National Guard and Reserves.--(1) Not 
later than 60 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on the utilization 
of the National Guard and Reserves in support of contingency operations 
during fiscal year 2004.
    (2) The report under this subsection shall include the following:
            (A) Information on each National Guard and Reserve unit 
        currently deployed, including--
                    (i) the unit name or designation;
                    (ii) the number of personnel deployed;
                    (iii) the projected return date to home station; 
                and
                    (iv) the schedule, if any, for the replacement of 
                the unit with a Regular or multinational unit.
            (B) Information on current operations tempo, including--
                    (i) the length of deployment of each National Guard 
                and Reserve unit currently deployed, organized by unit 
                and by State;
                    (ii) in the case of each National Guard and Reserve 
                unit on active duty during the two-year period ending 
                on the date of the report, the aggregate amount of time 
                on active duty during such two-year period; and
                    (iii) the percentage of National Guard and Reserve 
                forces in the total deployed force in each current 
                domestic and overseas contingency operation.
            (C) Information on current recruitment and retention of 
        National Guard and Reserve personnel, including--
                    (i) any shortfalls in recruitment and retention;
                    (ii) any plans to address such shortfalls or 
                otherwise to improve recruitment or retention; and
                    (iii) the effects on recruitment and retention over 
                the long term of extended periods of activation of 
                National Guard or Reserve personnel.
    (3) The report under this subsection shall be organized in a format 
that permits a ready assessment of the deployment of the National Guard 
and Reserves by State, by various geographic regions of the United 
States, and by Armed Force.
    (c) Report on Effects of Utilization of National Guard and Reserves 
on Law Enforcement and Homeland Security.--(1) Not later than 60 days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security shall, in consultation with the chief executive officers of 
the States, submit to Congress a report on the effects of the 
deployment of the National Guard and Reserves on law enforcement and 
homeland security in the United States.
    (2) The report under this subsection shall include the following:
            (A) The number of civilian first responders on active duty 
        with the National Guard or Reserves who are currently deployed 
        overseas.
            (B) The number of first responder personnel of the National 
        Guard or Reserves who are currently deployed overseas.
            (C) An assessment by State of the ability of the States to 
        respond to emergencies without currently deployed National 
        Guard personnel.
    Sec. 327. (a) Findings.--Congress makes the following findings:
            (1) The Iraq Survey Group is charged with investigating the 
        weapons of mass destruction programs of Iraq.
            (2) The Special Advisor to the Director of Central 
        Intelligence for Strategy and Iraq heads the efforts of the 
        Iraq Survey Group.
    (b) Quarterly Reports on Status of Efforts of Iraq Survey Group.--
Not later than January 1, 2004, and every three months thereafter 
through September 30, 2004, the Special Advisor to the Director of 
Central Intelligence for Strategy and Iraq shall submit to the 
appropriate committees of Congress a comprehensive written report on 
the status of the efforts of the Iraq Survey Group to account for the 
programs of Iraq on weapons of mass destruction and related delivery 
systems.
    (c) Form of Report.--Each report required by subsection (b) shall 
be submitted in both classified and unclassified form.
    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Select Committee on Intelligence and the 
        Subcommittee on Defense of the Committee on Appropriations of 
        the Senate; and
            (2) the Permanent Select Committee on Intelligence and the 
        Subcommittee on Defense of the Committee on Appropriations of 
        the House of Representatives.
    Sec. 328. (a) In the administration of laws and policies on the 
period for which members of reserve components of the Armed Forces 
called or ordered to active duty under a provision of law referred to 
in section 101(a)(13)(B) of title 10, United States Code, are deployed 
outside the United States, the deployment shall be considered to have 
begun on the first day of the active-duty service to which called or 
ordered and shall be considered to have ended on the last day of the 
active-duty service to which called or ordered.
    (b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines that it is 
necessary to do so to respond to a national security emergency or to 
meet dire operational requirements of the Armed Forces.
    Sec. 329. Of the amounts appropriated by this title, $10,000,000 
shall be available only for the Family Readiness Program of the 
National Guard.
    Sec. 330. (a) Findings.--Congress makes the following findings:
            (1) The Committee on Armed Services of the Senate specified 
        in Senate Report 107-151 to accompany S. 2514 (107th Congress) 
        that the Chief of Naval Operations submit to the congressional 
        defense committees a report, not later than June 2, 2003, on 
        the plans of the Navy for basing aircraft carriers through 
        2015.
            (2) As of October 16, 2003, the report has not been 
        submitted.
    (b) Report on Aircraft Carrier Basing Plans Through 2020.--Not 
later than 120 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the plans of the Navy for basing aircraft 
carriers through 2020.
    Sec. 331. (a) In addition to the strengths authorized by law for 
personnel of the Army as of September 30, 2004, pursuant to paragraphs 
(1) and (2) of section 115(a) of title 10, United States Code, the Army 
is hereby authorized an additional strength of 10,000 personnel as of 
such date, which the Secretary of the Army may allocate as the 
Secretary determines appropriate among the personnel strengths required 
by such section to be authorized annually under subparagraphs (A) and 
(B) of paragraph (1) of such section and paragraph (2) of such section.
    (b) The additional personnel authorized under subsection (a) shall 
be trained, incorporated into an appropriate force structure, and used 
to perform constabulary duty in such specialties as military police, 
light infantry, civil affairs, and special forces, and in any other 
military occupational specialty that is appropriate for constabulary 
duty.
    (c) Of the amount appropriated under chapter 1 of this title for 
the Iraq Freedom Fund, $409,000,000 shall be available for necessary 
expenses for the additional personnel authorized under subsection (a).
    Sec. 332. (a) Short Title.--This section may be cited as the 
``Reservists Pay Security Act of 2003''.
    (b) Nonreduction in pay While Federal Employee Is Performing Active 
Service In the Uniformed Services or National Guard.--
            (1) In general.--Subchapter IV of chapter 55 of title 5, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed 
              services or National Guard
    ``(a) An employee who is absent from a position of employment with 
the Federal Government in order to perform active duty in the uniformed 
services pursuant to a call or order to active duty under a provision 
of law referred to in section 101(a)(13)(B) of title 10 shall be 
entitled, while serving on active duty, to receive, for each pay period 
described in subsection (b), an amount equal to the amount by which--
            ``(1) the amount of basic pay which would otherwise have 
        been payable to such employee for such pay period if such 
        employee's civilian employment with the Government had not been 
        interrupted by that service, exceeds (if at all)
            ``(2) the amount of pay and allowances which (as determined 
        under subsection (d))--
                    ``(A) is payable to such employee for that service; 
                and
                    ``(B) is allocable to such pay period.
    ``(b)(1) Amounts under this section shall be payable with respect 
to each pay period (which would otherwise apply if the employee's 
civilian employment had not been interrupted)--
            ``(A) during which such employee is entitled to 
        reemployment rights under chapter 43 of title 38 with respect 
        to the position from which such employee is absent (as referred 
        to in subsection (a)); and
            ``(B) for which such employee does not otherwise receive 
        basic pay (including by taking any annual, military, or other 
        paid leave) to which such employee is entitled by virtue of 
        such employee's civilian employment with the Government.
    ``(2) For purposes of this section, the period during which an 
employee is entitled to reemployment rights under chapter 43 of title 
38--
            ``(A) shall be determined disregarding the provisions of 
        section 4312(d) of title 38; and
            ``(B) shall include any period of time specified in section 
        4312(e) of title 38 within which an employee may report or 
        apply for employment or reemployment following completion of 
        the service on active duty to which called or ordered as 
        described in subsection (a).
    ``(c) Any amount payable under this section to an employee shall be 
paid--
            ``(1) by such employee's employing agency;
            ``(2) from the appropriation or fund which would be used to 
        pay the employee if such employee were in a pay status; and
            ``(3) to the extent practicable, at the same time and in 
        the same manner as would basic pay if such employee's civilian 
        employment had not been interrupted.
    ``(d) The Office of Personnel Management shall, in consultation 
with Secretary of Defense, prescribe any regulations necessary to carry 
out the preceding provisions of this section.
    ``(e)(1) The head of each agency referred to in section 
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe 
procedures to ensure that the rights under this section apply to the 
employees of such agency.
    ``(2) The Administrator of the Federal Aviation Administration 
shall, in consultation with the Office, prescribe procedures to ensure 
that the rights under this section apply to the employees of that 
agency.
    ``(f) In this section--
            ``(1) the terms `employee', `Federal Government', and 
        `uniformed services' have the same respective meanings as given 
        them in section 4303 of title 38;
            ``(2) the term `employing agency', as used with respect to 
        an employee entitled to any payments under this section, means 
        the agency or other entity of the Government (including an 
        agency referred to in section 2302(a)(2)(C)(ii)) with respect 
        to which such employee has reemployment rights under chapter 43 
        of title 38; and
            ``(3) the term `basic pay' includes any amount payable 
        under section 5304.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 55 of title 5, United States Code, is 
        amended by inserting after the item relating to section 5537 
        the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
                            National Guard.''.
            (3) Effective period.--The amendments made by this section 
        shall apply with respect to pay periods (as described in 
        section 5538(b) of title 5, United States Code, as amended by 
        this section) beginning on or after the date of enactment of 
        this section and ending September 30, 2004.
    Sec. 333. (a) Findings.--Congress makes the following findings:
            (1) That on October 7, 2001, the Armed Forces of the United 
        States and its coalition allies launched military operations in 
        Afghanistan, designated as Operation Enduring Freedom, that 
        quickly caused the collapse of the Taliban regime, the 
        elimination of Afghanistan's terrorist infrastructure and the 
        capture of significant and numerous members of Al Qaeda.
            (2) That on March 19, 2003, the Armed Forces of the United 
        States and its coalition allies launched military operations, 
        designated as Operation Iraqi Freedom, that quickly caused the 
        collapse of Saddam Hussein's regime, the elimination of Iraq's 
        terrorist infrastructure, the end of Iraq's illicit and illegal 
        programs to acquire weapons of mass destruction, and the 
        capture of significant international terrorists.
            (3) That success in those two campaigns in the Global War 
        on Terrorism would not have been possible without the 
        dedication, courage, and service of the members of the United 
        States Armed Forces and their coalition partners.
            (4) That throughout the proud military history of our 
        Nation, we have recognized our brave men and women of the Armed 
        Forces by awarding them service medals for personal bravery and 
        other leadership actions and for their service in military 
        operations abroad and for support operations at home and 
        abroad.
            (5) That historically the President has relied on senior 
        military officers to recommend the personal and theater 
        campaign medals and that, in keeping with these longstanding 
        traditions, the Joint Chiefs of Staff and the combatant 
        commanders, including General Tommy Franks, United States Army, 
        former Commander of the United States Central Command, 
        recommended the awards described below in recognition of the 
        worldwide nature of the current conflict.
            (6) That following the advice of his senior military and 
        civilian defense leaders, President Bush, by Executive Order 
        13289 on March 12, 2003, established the Global War on 
        Terrorism Expeditionary Medal to be awarded to service members 
        who serve in military operations to combat terrorism on or 
        after September 11, 2001, including, but not limited to actions 
        in Operation Enduring Freedom and Operation Iraqi Freedom, in 
        such locations as Afghanistan, Iraq, the Republic of the 
        Philippines, and elsewhere in Southwest Asia, in recognition of 
        the sacrifice and contributions military members make in the 
        global war on terrorism.
            (7) That eligibility for the Global War on Terrorism 
        Expeditionary Medal is predicated on deployment abroad for 30 
        days or more in support of Global War on Terrorism operations 
        on or after September 11, 2001.
            (8) That by the same Executive Order, the President 
        established the Global War on Terrorism Service Medical 
        recognizing duty in Operation Noble Eagle and the homeland 
        defense mission against further terrorist attacks, and which 
        recognizes duty in support of military operations performed in 
        areas that do not qualify for the Global War on Terrorism 
        Expeditionary Medal.
            (9) That implementing regulations for eligibility have not 
        been issued by the Secretary of Defense.
    (b) Sense of the Senate on the Award of Campaign Medal.--It is the 
sense of the Senate that the Secretary of Defense should, on an 
expedited basis, issue the necessary regulations to implement these 
awards and ensure that any person who renders qualifying service with 
the Armed Forces in those phases of the Global War on Terrorism 
including Operation Iraqi Freedom, Operation Enduring Freedom and 
Operation Noble Eagle should promptly receive these awards.
    Sec. 334. Notwithstanding any other provision of law, the Federal 
share of the cost of any disaster relief payment made under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.) for damage caused by Hurricane Isabel shall be 90 
percent.
    Sec. 335. Of the funds appropriated by this Act, $500,000,000 shall 
be available for repair or replacement of Department of Defense and 
National Aeronautics and Space Administration infrastructure damaged or 
destroyed by Hurricane Isabel, related flooding, or other related 
natural forces: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 502 of House 
Concurrent Resolution 95 (108th Congress): Provided further, That the 
entire amount shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes the 
designation of the entire amount of the request as an emergency 
requirement as defined in House Concurrent Resolution 95, the 
concurrent resolution on the budget for fiscal year 2004, is 
transmitted by the President to the Congress.

                    TITLE II--INTERNATIONAL AFFAIRS

                               CHAPTER 1

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                         (including rescission)

    Of the funds provided under this heading in Public Law 108-11 (117 
Stat. 561), $35,800,000 are rescinded.
    For an additional amount for ``Diplomatic and Consular Programs'', 
$35,800,000, to remain available until September 30, 2005.

           emergencies in the diplomatic and consular service

    For an additional amount for ``Emergencies in the Diplomatic and 
Consular Service'', $90,500,000, to remain available until expended: 
Provided, That of the funds made available under this heading, 
$50,000,000 shall only be available for rewards: Provided further, That 
of the funds made available under this heading, $32,000,000 is for the 
reimbursement of the City of New York for costs associated with the 
protection of foreign missions and officials during the heightened 
state of alert following the September 11, 2001, terrorist attacks on 
the United States: Provided further, That of the funds made available 
under this heading, $8,500,000 is for costs associated with the 2003 
Free Trade Area of the Americas Ministerial meeting: Provided further, 
That of the funds previously appropriated under this heading, 
$2,000,000 is for rewards for an indictee of the Special Court for 
Sierra Leone: Provided further, That of prior year unobligated balances 
available under this heading, $8,451,000 shall be transferred to and 
merged with the appropriation for ``Diplomatic and Consular Programs'' 
and shall be available only for the Border Security Program: Provided 
further, That the entire amount shall be available only to the extent 
that an official budget request for $90,500,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in House Concurrent Resolution 95, the 
concurrent resolution on the budget for fiscal year 2004, is 
transmitted by the President to the Congress.

                               CHAPTER 2

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           United States Agency for International Development

   operating expenses of the united states agency for international 
                              development

    For an additional amount for ``Operating Expenses of the United 
States Agency for International Development'', $40,000,000, of which 
not less than $4,000,000 shall be transferred to and merged with 
``Operating Expenses of the United States Agency for International 
Development Office of Inspector General'' for financial and performance 
audits of the Iraq Relief and Reconstruction Fund and other assistance 
to Iraq, to remain available until September 30, 2005.

                        capital investment fund

    For an additional amount for ``Capital Investment Fund'', 
$60,500,000, to remain available until expended: Provided, That the 
entire amount shall be available only to the extent that an official 
budget request for $60,500,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined in House 
Concurrent Resolution 98 (108th Congress), the concurrent resolution on 
the budget for fiscal year 2004, is transmitted by the President to the 
Congress.

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                  Iraq Relief and Reconstruction Fund

                     (including transfers of funds)

    For necessary expenses for security, rehabilitation and 
reconstruction in Iraq, $18,449,000,000, to remain available until 
expended, to be allocated as follows: $3,243,000,000 for security and 
law enforcement; $1,318,000,000 for justice, public safety 
infrastructure, and civil society; $5,560,000,000 for the electric 
sector; $1,900,000,000 for oil infrastructure; $4,332,000,000 for water 
resources and sanitation; $500,000,000 for transportation and 
telecommunications; $370,000,000 for roads, bridges, and construction; 
$793,000,000 for health care; $153,000,000 for private sector 
development; and $280,000,000 for education, refugees, human rights, 
democracy, and governance: Provided, That of the funds made available 
pursuant to the previous proviso, not less than $100,000,000 shall be 
made available for democracy building activities in Iraq: Provided 
further, That none of the funds appropriated under this heading may be 
allocated for any capital project, including construction of a prison, 
hospital, housing community, railroad, or government building, until 
the Coalition Provisional Authority submits a report to the Committees 
on Appropriations describing in detail the estimated costs (including 
the costs of consultants, design, materials, shipping, and labor) on 
which the request for funds for such project is based: Provided 
further, That in order to control costs, to the maximum extent 
practicable Iraqis with the necessary qualifications should be 
consulted and utilized in the design and implementation of programs, 
projects, and activities funded under this heading: Provided further, 
That the Administrator of the United States Agency for International 
Development (USAID) shall seek to ensure that programs, projects, and 
activities administered by USAID in Iraq and Afghanistan comply fully 
with USAID's ``Policy Paper: Disability'' issued on September 12, 1997: 
Provided further, That the Administrator shall submit a report to the 
Committees on Appropriations not later than December 31, 2004, 
describing the manner in which the needs of people with disabilities 
were met in the development and implementation of USAID programs, 
projects, and activities in Iraq and Afghanistan in fiscal year 2004: 
Provided further, That the Administrator, not later than 180 days after 
enactment of this Act and in consultation, as appropriate, with other 
appropriate departments and agencies, the Architectural and 
Transportation Barriers Compliance Board, and nongovernmental 
organizations with expertise in the needs of people with disabilities, 
shall develop and implement appropriate standards for access for people 
with disabilities for construction projects funded by USAID: Provided 
further, That of the funds appropriated under this heading, assistance 
shall be made available for Iraqi civilians who have suffered losses as 
a result of military operations: Provided further, That not later than 
90 days after enactment of this Act the Secretary of State, in 
consultation with the Secretary of Defense, shall submit a report to 
the Committees on Appropriations describing the progress made toward 
indicting and trying leaders of the former Iraqi regime for war crimes, 
genocide, or crimes against humanity: Provided further, That 
notwithstanding any provision of this chapter, none of the funds 
appropriated under this heading may be made available to enter into any 
contract or follow-on contract that uses other than full and open 
competitive contracting procedures as defined in 41 U.S.C. 403(6): 
Provided further, That the President may waive the requirements of the 
previous proviso if he determines that it is necessary to do so as a 
result of unforeseen or emergency circumstances: Provided further, That 
the President may reallocate funds provided under this heading: 
Provided further, That these funds may be transferred to any Federal 
account for any Federal Government activity to accomplish the purposes 
provided herein: Provided further, That upon a determination that all 
or part of the funds so transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That 
contributions of funds for the purposes provided herein from any 
person, foreign government, or international organization, may be 
credited to this Fund and used for such purposes: Provided further, 
That funds appropriated under this heading or transferred or 
reallocated under provisions of this chapter or section 632 of the 
Foreign Assistance Act of 1961 that are made available for assistance 
for Iraq shall be subject to notifications of the Committees on 
Appropriations, except that the notifications shall be transmitted at 
least 5 days in advance of the obligation of funds: Provided further, 
That the Coalition Provisional Authority shall work, in conjunction 
with relevant Iraqi officials, to ensure that a new Iraqi constitution 
preserves full rights to religious freedom for all individuals, 
including a prohibition on laws that would criminalize blasphemy and 
apostasy: Provided further, That not later than 90 days after enactment 
of this Act and every 90 days thereafter until the ratification of a 
new Iraqi constitution, the President shall report to the appropriate 
Committees of the Congress, on efforts by the Coalition Provisional 
Authority and relevant Iraqi officials to ensure that the Iraqi 
constitution preserves religious freedom: Provided further, That funds 
appropriated under this heading shall be made available to the General 
Accounting Office for an audit of all funds appropriated under this 
Act, including tracking the expenditure of appropriated funds, a 
comparison of the amounts appropriated under this Act to the amount 
actually expended, and a determination of whether the funds 
appropriated in this Act are expended as intended by Congress: Provided 
further, That of the funds appropriated under this heading, up to 
$13,000,000 may be made available to facilitate inter-ethnic and inter-
religious dialogue, conflict resolution activities, support rule of law 
programs, and train Iraqi leaders in democratic principles.

                         Economic Support Fund

    For an additional amount for ``Economic Support Fund'', 
$422,000,000, to remain available until September 30, 2005, for 
accelerated assistance for Afghanistan: Provided, That these funds are 
available notwithstanding section 660 of the Foreign Assistance Act of 
1961, and section 620(q) of that Act or any comparable provision of 
law: Provided further, That these funds may be used for activities 
related to disarmament, demobilization, and reintegration of militia 
combatants, including registration of such combatants, notwithstanding 
section 531(e) of the Foreign Assistance Act of 1961: Provided further, 
That not to exceed $200,000,000 appropriated under this heading in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2004, may be used for the costs, as defined in 
section 502 of the Congressional Budget Act of 1974, of modifying 
direct loans and guarantees for Pakistan: Provided further, That 
amounts that are made available under the previous proviso for the cost 
of modifying direct loans and guarantees shall not be considered 
``assistance'' for the purposes of provisions of law limiting 
assistance to a country.

        United States Emergency Fund for Complex Foreign Crises

    For necessary expenses to enable the President to respond to or 
prevent unforeseen complex foreign crises, $200,000,000, which shall be 
made available for assistance for Liberia, of which $100,000,000 shall 
be derived by transfer from funds appropriated under any other heading 
of this Chapter: Provided, That funds appropriated under this heading, 
shall remain available until expended, and may be made available only 
pursuant to a determination, after consultation with the Committees on 
Appropriations, by the President that it is in the national interest to 
furnish assistance on such terms and conditions as he may determine for 
such purposes, including support for peace and humanitarian 
intervention operations: Provided further, That none of these funds 
shall be available to respond to natural disasters: Provided further, 
That from these funds the President may make allocations to Federal 
agencies to carry out the authorities provided under this heading: 
Provided further, That funds appropriated under this heading shall be 
subject to the same conditions as those contained under the same 
heading in chapter 5 of title I of S. 762, as reported by the Committee 
on Appropriations on April 1, 2003: Provided further, That the 
President may furnish assistance under this heading notwithstanding any 
other provision of law: Provided further, That the provisions of 
section 553 of Division E of Public Law 108-7, or any comparable 
provision of law enacted subsequent to the enactment of that Act, shall 
be applicable to funds appropriated under this heading: Provided 
further, That funds appropriated under this heading shall be subject to 
the regular notification procedures of the Committees on 
Appropriations, except that notifications shall be transmitted at least 
5 days in advance of the obligations of funds: Provided further, That 
the requirements of the previous proviso may be waived if failure to do 
so would pose a substantial risk to human health and welfare: Provided 
further, That in case of any such waiver, notification to the 
Committees on Appropriations shall be provided as early as practicable, 
but in no event later than 3 days after taking the action to which such 
notification requirement was applicable, in the context of such 
circumstances necessitating such waiver: Provided further, That any 
notification provided pursuant to such waiver shall contain an 
explanation of the emergency circumstances.

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $120,000,000, to remain available until September 
30, 2004, for accelerated assistance for Afghanistan.

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

    For an additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', $35,000,000, for accelerated 
assistance for Afghanistan.

                          MILITARY ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

    For an additional amount for the ``Foreign Military Financing 
Program'', $222,000,000, for accelerated assistance for Afghanistan.

                        Peacekeeping Operations

    For an additional amount for ``Peacekeeping Operations'', 
$50,000,000, to support the global war on terrorism.

                               CHAPTER 3

                     GENERAL PROVISIONS, THIS TITLE

    Sec. 2301. 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 appropriations, 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 $200,000,000: 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 5 days in advance of the 
obligation of funds.
    Sec. 2302. Assistance or other financing under chapter 2 of this 
title may be provided for Iraq, notwithstanding any other provision of 
law: Provided, That funds made available for Iraq pursuant to this 
authority shall be subject to the regular reprogramming notification 
procedures of the Committees on Appropriations and section 634A of the 
Foreign Assistance Act of 1961, except that notification shall be 
transmitted at least 5 days in advance of obligation: Provided further, 
That the notification requirements of this section may be waived if 
failure to do so would pose a substantial risk to human health or 
welfare: Provided further, That in case of any such waiver, 
notification to the appropriate congressional committees shall be 
provided as early as practicable, but in no event later than 3 days 
after taking the action to which such notification requirement was 
applicable, in the context of circumstances necessitating such waiver: 
Provided further, That any notification provided pursuant to such a 
waiver shall contain an explanation of the emergency circumstances.
    Sec. 2303. 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. 2304. Section 1503 of Public Law 108-11 is amended by, in the 
last proviso, striking ``2004'' and inserting in lieu thereof ``2005''.
    Sec. 2305. 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 
        determination and notification requirements of this section, 
        exports are authorized to Iraq of lethal military equipment 
        designated by the Secretary of State for use by a reconstituted 
        (or interim) Iraqi military, private security force, other 
        official Iraqi security forces or police forces, or forces from 
        other countries in Iraq that support United States efforts in 
        Iraq:''; and
            (2) in the last proviso, striking ``2004'' and inserting in 
        lieu thereof ``2005''.
    Sec. 2306. 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. 2307. Notwithstanding any other provision of law, the Overseas 
Private Investment Corporation is authorized to undertake any program 
authorized by title IV of the Foreign Assistance Act of 1961 in Iraq.
    Sec. 2308. Funds appropriated by chapter 2 of this title under the 
headings ``Economic Support Fund'', ``International Narcotics Control 
and Law Enforcement'', Peacekeeping Operations'', and `` Foreign 
Military Financing Program'' shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    Sec. 2309. (a) The Coalition Provisional Authority (CPA) shall, on 
a monthly basis, 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.
    (b) The first report required by subsection (a) shall be submitted 
not later than 30 days after enactment of this Act.
    (c) The reports required by this section shall also be made 
publicly available in both English and Arabic, including through the 
CPA's Internet website.
    Sec. 2310. (a) Reports of Coalition Provisional Authority.--Not 
later than January 1, 2004, and every 90 days thereafter, the 
Administrator of the Coalition Provisional Authority (CPA) shall submit 
to the Committees on Appropriations and Armed Services of the Senate 
and the House of Representatives a report on all obligations, 
expenditures, and revenues associated with reconstruction, 
rehabilitation, and security activities in Iraq during the preceding 90 
days, including the following:
            (1) Obligations and expenditures of appropriated funds.
            (2) 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 Authority of the costs to 
        complete each project and each program.
            (3) Revenues attributable to or consisting of funds 
        provided by foreign nations or international organizations, and 
        any obligations or expenditures of such revenues.
            (4) Revenues attributable to or consisting of foreign 
        assets seized or frozen, and any obligations or expenditures of 
        such revenues.
            (5) Operating expenses of the Authority and of any other 
        agencies or entities receiving funds appropriated by title.
    (b) Comptroller General Audit, Investigations, and Reports.--(1) 
The Comptroller General of the United States shall conduct an on-going 
audit of the Coalition Provisional Authority, and may conduct such 
additional investigations as the Comptroller General, in consultation 
with the Committees on Appropriations, considers appropriate, to 
evaluate the reconstruction, rehabilitation, and security activities in 
Iraq.
    (2) In conducting the audit and any investigations under paragraph 
(1), the Comptroller General shall have access to any information and 
records created or maintained by the Authority, or by any other entity 
receiving appropriated funds for reconstruction, rehabilitation, or 
security activities in Iraq, that the Comptroller General considers 
appropriate to conduct the audit or investigations.
    (3) Not later than 120 days after the date of the enactment of this 
Act, the Comptroller General shall submit to the Committees on 
Appropriations and Armed Services of the Senate and the House of 
Representatives a report on the audit and any investigations conducted 
under paragraph (1). The report shall include information as follows:
            (A) A detailed description of the organization and 
        authorities of the Authority.
            (B) A detailed description of the relationship between the 
        Authority and other Federal agencies, including the Department 
        of Defense, the Department of State, the Executive Office of 
        the President, and the National Security Council.
            (C) A detailed description of the extent of the use of 
        private contractors to assist in Authority operations and to 
        carry out reconstruction, rehabilitation, or security 
        activities in Iraq, including an assessment of--
                    (i) the nature of the contract vehicles used to 
                perform the work, including the extent of competition 
                used in entering into the contracts and the amount of 
                profit provided in the contracts;
                    (ii) the nature of the task orders or other work 
                orders used to perform the work, including the extent 
                to which performance-based, cost-based, and fixed-price 
                task orders were used;
                    (iii) the reasonableness of the rates charged by 
                such contractors, including an assessment of the impact 
                on rates of a greater reliance on Iraqi labor or other 
                possible sources of supply;
                    (iv) the extent to which such contractors performed 
                work themselves and, to the extent that subcontractors 
                were utilized, how such subcontractors were selected; 
                and
                    (v) the extent to which the Authority or such 
                contractors relied upon consultants to assist in 
                projects or programs, the amount paid for such 
                consulting services, and whether such consulting 
                services were obtained pursuant to full and open 
                competition.
            (D) A detailed description of the measures adopted by the 
        Authority and other Federal agencies to monitor and prevent 
        waste, fraud, and abuse in the expenditure of appropriated 
        funds in the carrying out of reconstruction, rehabilitation, 
        and security activities in Iraq.
            (E) A certification by the Comptroller General as to 
        whether or not the Comptroller General had adequate access to 
        relevant information to make informed judgments on the matters 
        covered by the report.
    (4) The Comptroller General shall from time to time submit to the 
Committees on Appropriations and Armed Services of the Senate and the 
House of Representatives a supplemental report on the audit, and any 
further investigations, conducted under paragraph (1). Each such report 
shall include such updates of the previous reports under this 
subsection as the Comptroller General considers appropriate to keep 
Congress fully and currently apprised on the reconstruction, 
rehabilitation, and security activities in Iraq.
    Sec. 2311. None of the funds made available by this Act or any 
unexpended funds provided in Public Law 108-11 may be made available to 
pay any costs associated with debts incurred by the former government 
of Saddam Hussein.
    Sec. 2312. 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. 2313. (a) New Offense.--
            (1) In general.--Chapter 47 of title 18, 5 United States 
        Code, is amended by adding at the end the following:

``SEC. 1037. WAR PROFITEERING AND FRAUD RELATING TO MILITARY ACTION, 
              RELIEF, AND RECONSTRUCTION EFFORTS IN IRAQ.

    ``(a) Whoever, in any matter involving a contract or the provision 
of goods or services, directly or indirectly, in connection with the 
war, military action, or relief or reconstruction 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 knowing the same to contain any 
        materially false, fictitious, 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 activities 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 proceeds.
    ``(b) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.
    ``(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 furtherance of the 
        offense took place; or
            ``(3) in any district where any party to the contract 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 reconstruction 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 Profiteering 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 the 
Secretary of State, is responsible for U.S. assistance efforts in Iraq.
    Sec. 2314. Not later than 120 days after the date of the enactment 
of this Act, the President shall submit to Congress a report on the 
efforts of the Government of the United States to increase the 
resources contributed by foreign countries 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 assist 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 ability to finance 
                essential programs to rebuild infrastructure and 
                restore critical public services, including health care 
                and education, in Iraq; and
                    (B) forgiveness of such debts would have on the 
                reconstruction and long-term prosperity in Iraq;
            (4) a description of any commitment by a foreign country or 
        international organization to forgive any part of a debt owed 
        by Iraq if such debt was incurred 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 Secretary 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 Saddam 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
            (2) the estimated amount that the Secretary reasonably 
        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 Management and 
Budget shall administratively reserve, out of the unobligated balance 
of the funds appropriated in this title under the subheading ``Iraq 
Relief and Reconstruction Fund'' under the heading ``OTHER BILATERAL 
ECONOMIC ASSISTANCE FUNDS APPROPRIATED 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 reserved 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 apportionment of amounts appropriated 
as described in subsection (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 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 appealed 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 invitation 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 authority; and
            (2) no such dissolution or transfer of authority should 
        occur until the ratification of an Iraqi constitution and the 
        establishment of an elected government in Iraq.
    Sec. 2317. General Accounting Office Review. (a) The Comptroller 
General of the United States shall--
            (1) review the effectiveness of relief and reconstruction 
        activities conducted by the Coalition Provisional Authority 
        (hereafter in this section ``CPA'') from funds made available 
        under the ``Iraq Relief and Reconstruction Fund'' in this 
        title, including by providing 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 Government 
                departments with Federal laws governing competition in 
                contracting; and
                    (C) the degree to which the CPA is expending funds 
                economically and efficiently, including through use of 
                local contractors;
            (2) report quarterly to the appropriate congressional 
        committees on the results of the review conducted under 
        paragraph (1).
    (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 otherwise 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, including 
        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 purposes, 
        other than security, set out under such subheading; and
            (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 certification described in subsection (c).
    (b) The President shall submit a notification to Congress 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 Hussein has been forgiven by the countries owed 
such debt.
    (2) On the date that the President submits the certification 
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 subheading ``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 
subheading 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 regime 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 directing reconstruction 
        efforts in Iraq.
    Sec. 2320. (a) Congress makes the following findings:
            (1) A coalition of allied countries led by the United 
        States entered Iraq on March 19, 2003, to liberate the people 
        of Iraq from the tyrannical rule of Saddam Hussein and the 
        Baathist party and to remove a threat to global security and 
        stability.
            (2) Achieving stability in Iraq will require substantial 
        monetary investments to develop a secure environment 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 reconstruct 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.
    (b) It is the sense of Congress that the President should--
            (1) make every effort to increase the level of financial 
        commitment from other nations to improve the physical, 
        political, economic, and social infrastructure 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 Reconstruction.--Not 
later than 60 days after the date of enactment of this Act, the 
President shall submit to Congress 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 information 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 responsibilities of 
        foreign governments and international organizations, including 
        the United Nations, in carrying out such activities.
            (3) A strategy for coordinating such activities among the 
        United States Government, foreign governments, and 
        international organizations, including the United Nations.
            (4) A strategy for distributing the responsibility for 
        paying costs associated with reconstruction activities 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 
        international 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 Reconstruction.--(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 expended, the President shall submit to Congress a report 
that includes information as follows:
            (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 information on 
the following:
            (A) The expenditures for, and progress made toward, 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.
            (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-government for 
        the Iraqi people and the establishment of a democratically 
        elected government.
            (F) The progress made in securing and eliminating 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) Governance.--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 women's 
        organizations in Afghanistan and Iraq, respectively;
            (2) promote the inclusion of a representative number of 
        women in future legislative bodies to ensure that the full 
        range of human rights for women 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 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--
                    (A) partner with or create counterpart 
                organizations led by Afghans and Iraqis, respectively; 
                and
                    (B) to provide such counterpart organizations with 
                significant financial resources, technical 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 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 economic 
        development programs to--
                    (A) encourage the reintegration of such former 
                combatants 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--
            (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 training 
        described in paragraph (1) to consult with women's 
        organizations in Afghanistan and Iraq, respectively, 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 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 
                        contingency 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 
                        subparagraph 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 component of the Armed 
                        Forces, beginning when such family member 
                        receives notification of an impending call or 
                        order to active duty in support 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 
                                component of the Armed Forces--
                                            ``(aa) receipt of 
                                        notification of an impending 
                                        call or order to active duty in 
                                        support of a contingency 
                                        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 paragraphs (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 amended by inserting ``or subsection 
(a)(3)'' after ``subsection (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 member'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--
                    ``(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 contingency operation.
            ``(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 subparagraph 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 component of the Armed Forces, 
                beginning when such family member receives notification 
                of an impending call or order to active duty in support 
                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 component 
                        of the Armed Forces--
                                    ``(aa) receipt of notification of 
                                an impending call or order to active 
                                duty 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 following: ``Leave under 
subsection (a)(3) may be taken intermittently 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 certification issued at such 
time and in such manner as the Office of Personnel Management may by 
regulation prescribe.''.

                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 Member of Congress a report on the 
projected total costs of United States operations in Iraq, including 
military operations 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 designated by the 
Congress as an emergency requirement pursuant 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 executive agency for payments 
under any contract or other agreement described in subsection (b) that 
is not entered into with full and open competition unless, not later 
than 30 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 agreement in 
excess of $1,000,000 that is entered into with any public or private 
sector entity for any of the following purposes:
            (1) To build or rebuild physical infrastructure of Iraq.
            (2) To establish or reestablish a political or societal 
        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.
    (c) The report on a contract or other agreement of an executive 
agency under subsection (a) shall include the following information:
            (1) The amount of the contract or other agreement.
            (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 contractors 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 agreement entered into by 
the head of an executive agency for which such official--
            (1) either--
                    (A) withholds from publication and disclosure as 
                described in such subsection any document or other 
                collection of information that is classified for 
                restricted access in accordance with an Executive order 
                in the interest of national defense 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 document or 
        other collection of information, respectively, to the chairman 
        and ranking member of each of the Committees on Governmental 
        Affairs and on Appropriations of the Senate, the Committees on 
        Government Reform and on Appropriations of the House of 
        Representatives, and the committees that the head of such 
        executive agency determines has legislative jurisdiction 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 agreement 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 paragraph, the Secretary shall 
submit a notification of the contract or other agreement and the grant 
of the waiver, together 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 interests 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 waiver, together with a discussion of the 
justification for the waiver, to the Select Committee on Intelligence, 
the Committee on Appropriations, and the Committee on Governmental 
Affairs of the Senate and to the Permanent Select Committee on 
Intelligence, the Committee on Appropriations, and the Committee on 
Governmental Reform of the House of Representatives.
    (f) Nothing in this section shall be construed as affecting 
obligations to disclose United States Government information under any 
other provision of law.
    (g) In this section--
            (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 contributed to security 
        concerns in the Middle East, especially 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;
            (6) the Government of Iraq under the Saddam Hussein regime 
        aided Abu Abass, leader of the Palestinian 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 multiple 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 administration 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 
Appropriations Act, 2003 (Public Law 108-11). The studies shall 
specifically examine the profits, administrative overhead, management 
fees, and related expenditures for the management of subcontracts (and 
further subcontracting) under any such contract. In conducting studies 
under this section, the Comptroller General shall have access to any 
information and records created or maintained by the United States, or 
by any entity receiving funds for contracts studied under this section 
that the Comptroller General considers 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 Appropriations of the Senate and the House of 
Representatives a report 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, including 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 Accords, 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 act of 
torture or hostage taking. Any provision in an international agreement, 
including the Algiers Accords that purports 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 debtor nation.
            (3) Today, the debts incurred by Saddam Hussein's regime 
        are estimated to be as much as $150,000,000,000.
            (4) A process has been put in place that will establish 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.
            (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 Investigation (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 firing a 
        shoulder-fired missile at United States military aircraft near 
        Prince Sultan Air Base in Saudi Arabia;
            (3) in November 2002, an Israeli commercial jetliner was 
        fired upon by a shoulder-fired missile shortly after take-off 
        in Mombasa, Kenya;
            (4) in August 2003, a weapons smuggler was arrested 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 Reserve Air Fleet 
        (CRAF)--flew nearly 2,000 flights carrying United States troops 
        and supplies into Kuwait, 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 Secretary of Homeland 
Security, in conjunction with the Secretary 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.
    This Act may be cited as the ``Emergency Supplemental 
Appropriations for Iraq and Afghanistan Security and Reconstruction 
Act, 2004''.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                               H. R. 3289

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                               AMENDMENT