5 USC app. 8G

117 STAT. 1234 PUBLIC LAW 108–106—NOV. 6, 2003 . 5 USC app. 8G note. Establishment. TITLE III—INSPECTOR GENERAL OF THE COALITION PROVISIONAL AU- THORITY SEC. 3001. INSPECTOR GENERAL OF THE COALITION PROVISIONAL AUTHORITY. (a) PURPOSES.—The purposes of this section are as follows: (1) To provide for the independent and objective conduct and supervision of audits and investigations relating to the programs and operations of the Coalition Provisional Authority (CPA). (2) To provide for the independent and objective leadership and coordination of, and recommendations on, policies designed to— (A) promote economy efficiency, and effectiveness in the administration of such programs and operations; and (B) prevent and detect fraud and abuse in such pro- grams and operations. (3) To provide for an independent and objective means of keeping the head of the Coalition Provisional Authority fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress for corrective action. (b) OFFICE OF INSPECTOR GENERAL.—There is hereby estab- lished the Office of the Inspector General of the Coalition Provi- sional Authority. (c) APPOINTMENT OF INSPECTOR GENERAL; REMOVAL.—(1) The head of the Office of the Inspector General of the Coalition Provi- sional Authority is the Inspector General of the Coalition Provi- sional Authority, who shall be appointed by the Secretary of Defense, in consultation with the Secretary of State. (2) The appointment of Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. VerDate 11-MAY-2000 04:44 Nov 14, 2003 Jkt 029139 PO 00106 Frm 00026 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL106.108 BILLW PsN: PUBL106 PUBLIC LAW 108–106—NOV. 6, 2003 (3) The nomination of an individual as Inspector General shall be made not later than 30 days after the date of the enactment of this Act. (4) The Inspector General shall be removable from office in accordance with the provisions of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.). (5) For purposes of section 7324 of title 5, United States Code, the Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (6) The annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) ASSISTANT INSPECTORS GENERAL.—The Inspector General shall, in accordance with applicable laws and regulations governing the civil service— (1) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the perform- ance of auditing activities relating to programs and operations of the Coalition Provisional Authority; and (2) appoint an Assistant Inspector General for Investiga- tions who shall have the responsibility for supervising the performance of investigative activities relating to such pro- grams and operations. (e) SUPERVISION.—(1) Except as provided in paragraph (2), the Inspector General shall report directly to, and be under the general supervision of, the head of the Coalition Provisional Authority. (2) Neither the head of the Coalition Provisional Authority, any other officer of the Coalition Provisional Authority, nor any other officer of the Department of Defense, the Department of State, or the United States Agency for International Development shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investiga- tion. (f) DUTIES.—(1) It shall be the duty of the Inspector General to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of appropriated funds by the Coalition Provisional Authority in Iraq, and of the programs, operations, and contracts carried out utilizing such funds, including— (A) the oversight and accounting of the obligation and expenditure of such funds; (B) the monitoring and review of reconstruction activities funded by such funds; (C) the monitoring and review of contracts funded by such funds; (D) the monitoring and review of the transfer of such funds and associated information between and among the Coali- tion Provisional Authority, other departments, agencies, and entities of the Federal Government, and private and nongovern- mental entities; and (E) the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds. 117 STAT. 1235 Deadline. VerDate 11-MAY-2000 04:44 Nov 14, 2003 Jkt 029139 PO 00106 Frm 00027 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL106.108 BILLW PsN: PUBL106 117 STAT. 1236 PUBLIC LAW 108–106—NOV. 6, 2003 (2) The Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duty under paragraph (1). (3) In addition to the duties specified in paragraphs (1) and (2), the Inspector General shall also have the duties and responsibil- ities of inspectors general under the Inspector General Act of 1978. (4) In carrying out the duties, responsibilities, and authorities of the Inspector General under this section, the Inspector General shall coordinate with, and receive the cooperation of, the Inspector General of the Department of Defense. (5) In carrying out the duties, and responsibilities, and authori- ties of the Inspector General under this section, the Inspector General shall coordinate with, and receive the cooperation of the Inspector General of the United States Agency for International Development. (g) POWERS AND AUTHORITIES.—(1) In carrying out the duties specified in subsection (f), the Inspector General shall have the authorities provided in section 6 of the Inspector General Act of 1978. (2) The Inspector General shall carry out the duties specified in subsection (f)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978. (h) PERSONNEL, FACILITIES, AND OTHER RESOURCES.—(1) The Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (2) The Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title. (3) To the extent and in such amounts as may be provided in advance by appropriations Acts, the Inspector General my enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Inspector General. (4)(A) Upon request of the Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Inspector General, or an authorized designee. (B) Whenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the head of the Coalition Provisional Authority and to the appropriate committees of Congress without delay. (5) The head of the Coalition Provisional Authority shall provide the Inspector General with appropriate and adequate office space at the central and field office locations of the Coalition Provisional Authority, together with such equipment, office supplies, and communications facilities and services as may be necessary for VerDate 11-MAY-2000 04:44 Nov 14, 2003 Jkt 029139 PO 00106 Frm 00028 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL106.108 BILLW PsN: PUBL106 PUBLIC LAW 108–106—NOV. 6, 2003 the operation of such offices, and shall provide necessary mainte- nance services for such offices and the equipment and facilities located therein. (i) REPORTS.—(1) Not later than March 30, 2004, and every calendar quarter thereafter, the Inspector General shall submit to the appropriate committees of Congress a report summarizing the activities of the Inspector General and the Coalition Provisional Authority during the 120-day period ending on the date of such report. Each report shall include, for the period covered by such report, a detailed statement of all obligations, expenditures, and revenues associated with reconstruction and rehabilitation activities in Iraq, including the following: (A) Obligations and expenditures of appropriated funds. (B) A project-by-project and program-by-program accounting of the costs incurred to date for the reconstruction of Iraq, together with the estimate of the Coalition Provisional Authority of the costs to complete each project and each pro- gram. (C) Revenues attributable to or consisting of funds provided by foreign nations or international organizations, and any obligations or expenditures of such revenues. (D) Revenues attributable to or consisting of foreign assets seized or frozen, and any obligations or expenditures of such revenues. (E) Operating expenses of the Coalition Provisional Authority and of any other agencies or entities receiving appro- priated funds. (F) In the case of any contract described in paragraph (2)— (i) the amount of the contract or other agreement; (ii) a brief discussion of the scope of the contract or other agreement; (iii) a discussion of how the Coalition Provisional Authority identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers; and (iv) the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. (2) A contract described in this paragraph is any major contract or other agreement that is entered into by the Coalition Provisional Authority with any public or private sector entity for any of the following purposes: (A) To build or rebuild physical infrastructure of Iraq. (B) To establish or reestablish a political or societal institu- tion of Iraq. (C) To provide products or services to the people of Iraq. (3) Not later than June 30, 2004, and semiannually thereafter, the Inspector General shall submit to the appropriate committees of Congress a report meeting the requirements of section 5 of the Inspector General Act of 1978. (4) The Inspector General shall publish each report under this subsection in both English and Arabic on the Internet website of the Coalition Provisional Authority. (5) Each report under this subsection may include a classified annex if the Inspector General considers it necessary. 117 STAT. 1237 Deadline. Deadline. Publication. VerDate 11-MAY-2000 04:44 Nov 14, 2003 Jkt 029139 PO 00106 Frm 00029 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL106.108 BILLW PsN: PUBL106 117 STAT. 1238 Deadline. Deadlines. Public information. President. Federal Register, publication. Deadline. Termination date. PUBLIC LAW 108–106—NOV. 6, 2003 (6) Nothing in this subsection shall be construed to authorize the public disclosure of information that is— (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. (j) REPORT COORDINATION.—(1) The Inspector General shall also submit each report under subsection (i) to the head of the Coalition Provisional Authority. (2)(A) Not later than 30 days after receipt of a report under paragraph (1), the head of the Coalition Provisional Authority may submit to the appropriate committees of Congress any comments on the matters covered by the report as the head of the Coalition Provisional Authority considers appropriate. (B) A report under this paragraph may include a classified annex if the head of the Coalition Provisional Authority considers it necessary. (k) TRANSPARENCY.—(1) Not later than 60 days after the date of the submittal to Congress of a report under subsection (i), the head of the Coalition Provisional Authority shall make copies of such report available to the public upon request, and at a reasonable cost. (2) Not later than 60 days after the date of the submittal to Congress under subsection (j)(2) of comments on a report under subsection (i), the head of the Coalition Provisional Authority shall make copies of such comments available to the public upon request, and at a reasonable cost. (l) WAIVER.—(1) The President may waive the requirement under paragraph (1) or (3) of subsection (i) for the inclusion in a report under such paragraph of any element otherwise provided for under such paragraph if the President determines that the waiver is justified for national security reasons. (2) The President shall publish a notice of each waiver made under this subsection in the Federal Register no later than the date on which the reports required under paragraph (1) or (3) of subsection (i) are submitted to Congress. The reports required under paragraph (1) or (3) of subsection (i) shall specify whether waivers under this subsection were made and with respect to which elements. (m) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this section, the term ‘‘appropriate committees of Congress’’ means— (1) the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate; and (2) the Committees on Appropriations, Armed Services, and International Relations of the House of Representatives. (n) FUNDING.—(1) Of the amounts appropriated for fiscal year 2004 for the Operating Expenses of the Coalition Provisional Authority in title II of this Act, $75,000,000 shall be available to carry out this section. (2) The amount available under paragraph (1) shall remain available until expended. (o) The Office of Inspector General shall terminate 6 months after the authorities and duties of the Coalition Provisional Authority cease to exist. VerDate 11-MAY-2000 04:44 Nov 14, 2003 Jkt 029139 PO 00106 Frm 00030 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL106.108 BILLW PsN: PUBL106 PUBLIC LAW 108–106—NOV. 6, 2003 TITLE IV—GENERAL PROVISIONS, THIS ACT SEC. 4001. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 4002. The amounts provided in this Act are designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress). SEC. 4003. For purposes of computing the amount of a payment for an eligible local educational agency under section 8003(a) of the Elementary and Secondary Education Act (20 U.S.C. 7703(a)) for school year 2003–2004, children enrolled in a school of such agency who would otherwise be eligible to be claimed for payment under section 8003(a)(1)(B) of such Act, but due to the deployment of both parents or legal guardians, or a parent or legal guardian having sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children reside on Federal property as described in section 8003(a)(1)(B)), are no longer eligible under such section, shall be considered as eligible students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility status. This Act may be cited as the ‘‘Emergency Supplemental Appro- priations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004’’. Approved November 6, 2003. 117 STAT. 1239 LEGISLATIVE HISTORY—H.R. 3289 (S. 1689): HOUSE REPORTS: Nos. 108–312 (Comm. on Appropriations) and 108–337 (Comm. of Conference). SENATE REPORTS: No. 108–160 accompanying S. 1689 (Comm. on Appropria- tions). CONGRESSIONAL RECORD, Vol. 149 (2003): Oct. 16, considered in House. Oct. 17, considered and passed House. Considered and passed Senate, amend- ed, in lieu of S. 1689. Oct. 30, House agreed to conference report. Nov. 3, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003): Nov. 6, Presidential remarks and statement. Æ VerDate 11-MAY-2000 04:44 Nov 14, 2003 Jkt 029139 PO 00106 Frm 00031 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL106.108 BILLW PsN: PUBL106