[Congressional Record Volume 149, Number 147 (Monday, October 20, 2003)]
[Senate]
[Pages S12892-S12905]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR IRAQ AND AFGHANISTAN SECURITY 
                      AND RECONSTRUCTION ACT, 2004

  On Friday, October 17, 2003, the Senate passed H.R. 3289, as amended, 
as follows:

                               H.R. 3289

    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, 2003, 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.

[[Page S12893]]

                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

[[Page S12894]]

     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

[[Page S12895]]

     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

[[Page S12896]]

     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.

[[Page S12897]]

       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

[[Page S12898]]

     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.''.


[[Page S12899]]


       (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

[[Page S12900]]

     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

[[Page S12901]]

     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

[[Page S12902]]

       (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.

[[Page S12903]]

       (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

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     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;

[[Page S12905]]

       (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''.

                          ____________________