Public Law 108-11, the "Emergency Wartime Supplemental Appropriations Act, 2003," contains a provision authored and sponsored by Sen. Patrick Leahy, D-Vt., that authorizes the use of Iraq relief and reconstruction funds to aid Iraqi civilians who suffered losses as a result of the military operations. This provision is similar to one Leahy sponsored for Afghan civilians, which has resulted in the allocation of $2.5 million to assist communities and families who suffered losses as a result of U.S. bombs that missed their targets.

Leahy, the ranking Democratic member of the Senate Subcommittee on Foreign Operations (of the Senate Appropriations Committee), has long led efforts to help civilian victims of war. In 1989 he created a special fund, now called the "Leahy War Victims Fund (LWVF)," which is administered by USAID to provide relief to civilians who have been disabled as a result of civil strife and warfare. To date the LWVF has allocated more than $90 million for this purpose in more than15 countries. Leahy, also the leading advocate among U.S. officials for an international landmines ban, has spoken frequently about the increasing numbers of noncombatants who are killed or injured in wars, particularly as a result of landmines and cluster bombs.

AFGHANISTAN --

In Afghanistan, some U.S. bombs missed their targets and either killed civilians (in some instances whole families with the exception of a young child) and /or destroyed homes. This not only caused pain and suffering; it also caused anger and resentment toward the United States. Leahy believes the United States has a moral responsibility to help these families, and that it is also in our self interest to do so.

In 2002 he was approached by several humanitarian organizations, including American relatives of victims of the September 11th attacks, who urged him to do something for these Afghan families. After looking into it, he included the following language in the FY2002 Supplemental Appropriations Act enacted last summer and in the FY2003 Omnibus Appropriations Act, signed on Feb. 20:

Fiscal Year 2002 Supplemental Appropriations Act (Conference Report 107-593):

"[$134 million for International Disaster Assistance], including repairing homes of Afghan citizens that were damaged as a result of military operations."

Fiscal Year 2003 Omnibus Appropriations Act (Public Law 108-107):

"That [of the $295 million for humanitarian, reconstruction and related assistance for Afghanistan], assistance should be made available to communities and families that were adversely affected by the military operations."

In these laws, the term "military operations" is understood to include U.S. military actions. These provisions have resulted in the allocation of $2.5 million for assistance (not "reparations" or "compensation" - e.g. not cash) -- whether medical, rehabilitation or other assistance, or to repair or rebuild homes -- to Afghan civilians who suffered serious losses. Leahy has been working with USAID and with State Department and Pentagon officials in Afghanistan to identify projects in communities where families either lost relatives or lost their homes.

IRAQ --

Leahy sponsored similar language to aid Iraqi civilian victims of the military operations.

Those provisions were incorporated into the Iraq War Supplemental which was signed by President Bush on April 16, 2003 --

Statutory language in Foreign Operations chapter of PL 108-11:

"$2.4 billion is appropriated for Iraq relief and reconstruction in Iraq] including for the costs of (1) feeding and food distribution; (2) supporting relief efforts related to refugees, internally displaced persons, and vulnerable individuals, including assistance for families of innocent Iraqi civilians who suffer losses as a result of military operations;"

Statement of the Conferees accompanying PL 108-11:

"The conference agreement provides that funds made available for rehabilitation and reconstruction in Iraq should include assistance to families of innocent Iraqi civilians who suffer losses as a result of the military operations. The managers intend that USAID and the Department of State, in coordination with the Department of Defense and nongovernmental organizations, will seek to identify families of non-combatant Iraqis who were killed or injured or whose homes were damaged during recent military operations, and to provide appropriate assistance."

Report language in Defense chapter of PL 108-11:

"The Committee strongly expects the Department of Defense to work with the United States Agency for International Development and other appropriate entities to provide assistance to families of innocent Afghan and Iraqi civilians who suffer losses in the military operations."

The amount of funds to be allocated to aid Iraq civilian victims pursuant to the above provisions had not yet been determined. The intent is to include, within the larger U.S. aid program for Iraq, appropriate medical, rehabilitation, or other assistance to noncombatants who lost family members, suffered injuries, or whose homes were damaged as a result of the military operations, including U.S. military actions. As in Afghanistan, this is not cash "compensation" or "reparations." Leahy is working with officials in the Administration on a strategy for implementing the law.

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