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modifying direct loans and guarantees for Pakistan: Pro-
vided 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: Provided further, That the entire amount is des-
ignated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2004. 
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses for International Disaster 
and Famine Assistance utilizing the general authorities of 
section 491 of the Foreign Assistance Act of 1961, to re-
spond to or prevent unforeseen complex foreign crises, es-
pecially in Sudan and Liberia, $100,000,000, and by 
transfer not to exceed 1 percent of the funds appropriated 
under any other heading in this chapter, to remain avail-
able to the Secretary of State until September 30, 2005: 
Provided, That funds appropriated under this heading 
may be made available only pursuant to a determination 
by the President, after consultation with the appropriate 
congressional committees, that it is in the national interest 
and essential to efforts to reduce international terrorism
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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 re-
spond to natural disasters: Provided further, That funds 
made available under this heading to respond to or prevent 
unforeseen complex foreign crises shall be subject to the 
regular notification procedures of the Committees on Ap-
propriations: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2004. 
DEPARTMENT OF STATE 
INTERNATIONAL NARCOTICS CONTROL AND LAW 
ENFORCEMENT 
For necessary expenses for ‘‘International Narcotics 
Control and Law Enforcement’’, $170,000,000, to remain 
available until December 31, 2004, for accelerated assist-
ance for Afghanistan: Provided, That the entire amount 
is designated by the Congress as an emergency require-
ment pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fis-
cal year 2004.
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NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND 
RELATED PROGRAMS 
For necessary expenses for ‘‘Nonproliferation, Anti-
Terrorism,
Demining
and
Related
Programs’’, 
$35,000,000, for accelerated assistance for Afghanistan: 
Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to sec-
tion 502 of H. Con. Res. 95 (108th Congress), the concur-
rent resolution on the budget for fiscal year 2004. 
MILITARY ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
FOREIGN MILITARY FINANCING PROGRAM 
For necessary expenses for the ‘‘Foreign Military Fi-
nancing Program’’, $297,000,000, for accelerated assist-
ance for Afghanistan: Provided, That the entire amount 
is designated by the Congress as an emergency require-
ment pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fis-
cal year 2004. 
PEACEKEEPING OPERATIONS 
For necessary expenses for ‘‘Peacekeeping Oper-
ations’’, $50,000,000, to support the global war on ter-
rorism: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to
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section 502 of H. Con. Res. 95 (108th Congress), the con-
current resolution on the budget for fiscal year 2004. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 2201. None of the funds appropriated by this 
Act or any unexpended funds provided in Public Law 108–
11 may be used to repay, in whole or in part, principal 
or interest on any loan or guarantee agreement entered 
into by the Government of Iraq with any private or public 
sector entity including with the government of any country 
(including any agency of such government or any entity 
owned in whole or in part by the government of such coun-
try) or with any international financial institution, prior 
to May 1, 2003: Provided, That for the purpose of this 
section, the term ‘‘international financial institution’’ shall 
mean those institutions contained in section 530(b) of di-
vision E of Public Law 108–7. 
SEC. 2202. Notwithstanding any other provision of 
law, none of the funds appropriated by this Act under the 
heading ‘‘Iraq Relief and Reconstruction Fund’’ and made 
available under the same heading in Public Law 108–11 
may be used to enter into any Federal contract (including 
any follow-on contract) unless—
(1) the contract is entered into in accordance 
with title III of the Federal Property and Adminis-
trative Services Act (41 U.S.C. 251 et seq.); and
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(2) in any case in which procedures other than 
competitive procedures are to be used to enter into 
such a contract—
(A) if such procedures are to be used by 
reason of the application of a paragraph under 
section 303(c) of such Act (41 U.S.C. 253(c)), 
the head of the executive agency entering into 
the contract shall submit to the committees de-
scribed in subsection (b), not later than 7 cal-
endar days before award of the contract—
(i) notification of the use of such 
other procedures; and 
(ii) the justification for such use, in-
cluding the amount of the contract and a 
brief description of its scope, a discussion 
of how the executive agency identified and 
solicited offers from contractors, a list of 
the contractors solicited, and the justifica-
tion and approval documents (as required 
under section 303(f)(1) of the Federal 
Property and Administrative Services Act 
of 1949 (41 U.S.C. 2534(f)(1)) on which 
was based the determination to use proce-
dures other than competitive procedures.
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(b) COMMITTEES.—The committees referred to in 
subsection (a)(2) are—
(1) the Committees on Government Reform, on 
International Relations, and on Appropriations of 
the House of Representatives; and 
(2) the Committees on Governmental Affairs, 
on Foreign Relations, and on Appropriations of the 
Senate. 
(c) APPLICABILITY.—This section shall not apply to 
contracts entered into before the date of the enactment 
of this Act or after September 30, 2010. 
SEC. 2203. PUBLIC DISCLOSURE OF NONCOMPETITIVE CON-
TRACTING FOR THE RECONSTRUCTION OF 
INFRASTRUCTURE IN IRAQ. 
(a) DISCLOSURE REQUIRED.—
(1) PUBLICATION AND PUBLIC AVAILABILITY.—
The head of an executive agency of the United 
States that enters into a contract for assistance for 
Iraq,
using
funds
described
in
paragraph
(3), 
through the use of procedures other than competitive 
procedures shall publish in the Federal Register or 
Commerce Business Daily and otherwise make avail-
able to the public, not later than 7 days before the 
date on which the contract is entered into, except in 
the case of urgent and compelling contracts issued
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pursuant to paragraph (2) of section 303(c) of the 
Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 253(c)(2)), the following informa-
tion: 
(A) The amount of the contract. 
(B) A brief description of the scope of the 
contract. 
(C) A discussion of how the executive 
agency identified, and solicited offers from, po-
tential contractors to perform the contract, to-
gether with a list of the potential contractors 
that were issued solicitations for the offers. 
(D) The justification and approval docu-
ments (as required under section 303(f)(1) of 
the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253(f)(1)) on 
which was based the determination to use pro-
cedures other than competitive procedures. 
(2) FUNDS.—The funds referred to in para-
graph (1) are—
(A) any funds available to carry out sec-
tions 103 through 106 and chapter 4 of part II 
of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151b–2151d; 2346 et seq.); and
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(B) any funds appropriated by Public Law 
108–11 under the heading ‘‘Iraq Relief and Re-
construction Fund’’ (in chapter 5 of title I; 117 
Stat. 573). 
(3) APPLICABILITY.—Paragraph (1) shall not 
apply to contracts entered into before the date of the 
enactment of this Act or after September 30, 2010. 
(b) CLASSIFIED INFORMATION.—
(1) AUTHORITY TO WITHHOLD.—The head of 
an executive agency may—
(A) withhold from publication and disclo-
sure under subsection (a) any document that is 
classified for restricted access in accordance 
with a Executive order in the interest of na-
tional defense or foreign policy; and 
(B) redact any part so classified that is in 
a document not so classified before publication 
and disclosure of the document under sub-
section (a). 
(2) AVAILABILITY TO CONGRESS.—In any case 
in which the head of an executive agency withholds 
information under paragraph (1), the head of such 
executive agency shall make available an unredacted 
version of the document containing that information
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to the chairman and ranking member of each of the 
following committees of Congress: 
(A) The Committee on Governmental Af-
fairs of the Senate and the Committee on Gov-
ernment Reform of the House of Representa-
tives. 
(B) The Committees on Appropriations of 
the Senate and House of Representatives. 
(C) Each committee that the head of the 
executive agency determines has legislative ju-
risdiction for the operations of such department 
or agency to which the information related. 
(c) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—
Nothing in this section shall be construed as affecting obli-
gations to disclose United States Government information 
under any other provision of law. 
(d) DEFINITIONS.—In this section, the terms ‘‘com-
petitive procedures’’ and ‘‘executive agency’’ have the 
meanings given such terms in section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403). 
SEC. 2204. Section 1503 of Public Law 108–11 is 
amended—
(1) by striking ‘‘equipment’’ and inserting in 
lieu thereof ‘‘equipment, including equipment’’; and
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(2) by striking ‘‘2004’’ and inserting in lieu 
thereof ‘‘2005’’. 
SEC. 2205. Section 1504 of Public Law 108–11 is 
amended by striking ‘‘controlled’’ and inserting ‘‘or small 
arms controlled’’. 
SEC. 2206. Section 202(b) of the Afghanistan Free-
dom Support Act of 2002 (Public Law 107–327) is 
amended by striking ‘‘$300,000,000’’ and inserting in lieu 
thereof ‘‘$450,000,000’’. 
SEC. 2207. (a) Until January 2005, the Coalition 
Provisional Authority (CPA) shall, on a monthly basis, 
submit a report to the Committees on Appropriations and 
International Relations of the House of Representatives 
and the Committees on Appropriations and Foreign Rela-
tions of the Senate that details, for the preceding month, 
Iraqi oil production and oil revenues, and uses of such rev-
enues. 
(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, including through the CPA’s 
Internet website. 
SEC. 2208. Any reference in this chapter to the ‘‘Coa-
lition Provisional Authority in Iraq’’ shall be deemed to
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include any successor United States Government entity 
with the same or substantially the same authorities and 
responsibilities as the Coalition Provisional Authority in 
Iraq. 
SEC. 2209. Assistance or other financing under chap-
ter 2 of this title may be provided for Iraq and Afghani-
stan notwithstanding any other provision of law not con-
tained in this Act that restricts assistance to foreign coun-
tries and section 660 of the Foreign Assistance Act of 
1961: Provided, That funds made available for Iraq pursu-
ant to this section shall be subject to the regular re-
programming notification procedures of the Committees 
on Appropriations and section 634A of the Foreign Assist-
ance Act of 1961, except that notification shall be trans-
mitted at least 5 days in advance of obligation. 
SEC. 2210. 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 Depart-
ment Basic Authorities Act of 1956, as amended. 
SEC. 2211. Notwithstanding any other provision of 
law, the Overseas Private Investment Corporation is au-
thorized to undertake any program authorized by title IV 
of the Foreign Assistance Act of 1961 in Iraq: Provided, 
That funds made available pursuant to the authority of 
this section shall be subject to the regular reprogramming
HR 3289 PP 
notification procedures of the Committees on Appropria-
tions. 
REPORT ON MILITARY OPERATIONS AND 
RECONSTRUCTION EFFORTS IN IRAQ AND AFGHANISTAN 
SEC. 2212. (a) REPORT.—The President shall pre-
pare and transmit to Congress on a quarterly basis a re-
port on United States military operations and reconstruc-
tion efforts in Iraq and Afghanistan. 
(b) CONTENTS.—The report shall, at a minimum, 
contain the following information: 
(1) A full accounting of amounts appropriated 
under this Act or any other Act that were expended 
during the preceding quarter for military operations 
and reconstruction efforts in Iraq and Afghanistan. 
(2) A description of progress made in recon-
struction efforts in Iraq and Afghanistan, particu-
larly efforts relating to public safety, defense and 
law
enforcement,
energy
infrastructure,
water, 
sewer, roads, and other public works, transportation 
and telecommunications infrastructure, medical and 
hospital services, and private sector development. 
(3) A description of progress made to reduce 
attacks
against
members
of
the
United
States 
Armed Forces in Iraq and Afghanistan.
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(4) An analysis of the impact that military op-
erations in Iraq and Afghanistan have had on overall 
readiness of the Armed Forces. 
(5) An analysis of the impact that the extended 
deployment of members of the Armed Forces in con-
nection with Operation Iraqi Freedom and Operation 
Enduring Freedom is having on recruiting and re-
tention efforts in the active and reserve components. 
(6) An estimate of the cost of repairing or re-
placing the combat vehicles, aircraft, and other 
equipment damaged or destroyed by combat, by pro-
longed use in Iraq and Afghanistan, or by exposure 
to the extreme climatic and terrain conditions in 
Iraq and Afghanistan. 
(7) A description of progress made toward the 
establishment of an independent, sovereign, and 
democratic government for Iraq, including an esti-
mated schedule for the drafting of a constitution 
and the holding of free and fair elections. 
(8) A description of the extent of international 
participation in the stabilization and reconstruction 
of Iraq, including the amount and schedule for the 
provision of financial assistance by other countries 
and international organizations.
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(9) The number of members of the Armed 
Forces (including national guard and reserve troops) 
deployed in connection with Operation Iraqi Free-
dom and Operation Enduring Freedom, an estimate 
of the period of time for which such forces will be 
deployed, and a description of progress made in re-
placing such forces with international or foreign 
peacekeeping units. 
SEC. 2213. (a) REVIEW OF CONTRACTING PROCE-
DURES.—The Comptroller General shall review each cov-
ered contract and task or delivery order entered into dur-
ing a review period to determine whether the procedures 
used to enter into the contracts and orders were in compli-
ance with the requirements of this Act and other applica-
ble laws and regulations. 
(b) REPORT.—At the end of each review period, the 
Comptroller General shall submit to Congress a report on 
the results of the review. 
(c) REVIEW PERIOD.—A review under subsection (a) 
shall be carried each quarter of a fiscal year, beginning 
with the first quarter beginning after the date of the en-
actment of this Act. 
(d) COVERED CONTRACTS AND ORDERS.—This sec-
tion applies to any contract or task or delivery order en-
HR 3289 PP 
tered into using funds appropriated by this Act for foreign 
assistance if—
(1) in the case of a contract, the contract is in 
an amount in excess of the simplified acquisition 
threshold (as defined in section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403), 
and 
(2) in the case of a task or delivery order, the 
order is in an amount in excess of $1,000,000. 
TITLE III—GENERAL PROVISIONS—THIS ACT 
SEC. 3001. 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. 3002. None of the funds made available in this 
or any other Act for fiscal year 2004 may be used for 
any defense or reconstruction activities in Iraq or Afghani-
stan coordinated by any officer of the United States Gov-
ernment whose office is not subject to appointment by the 
President by and with the advice and consent of the Sen-
ate. 
SEC. 3003. For purposes of computing the amount 
of a payment for an eligible local educational agency under 
section 8003(a) of the Elementary and Secondary Edu-
cation Act (20 U.S.C. 7703(a)), children enrolled in a 
school of such agency that would otherwise be eligible for
HR 3289 PP 
payment under section 8003(a)(1)(B) of such Act, but due 
to the deployment of both parents or legal guardians, or 
due to the death of a military parent or legal guardian 
while on active duty, are no longer eligible under such sec-
tion, shall be considered as eligible students under such 
section, provided such students remain in average daily 
attendance at the same school that they attended prior 
to their change in eligibility status. 
SEC. 3004. None of the funds made available by this 
Act may be provided to any unit of the security forces 
of a foreign country participating with coalition forces in 
Afghanistan or Iraq if the Secretary of State or the Sec-
retary Defense has credible evidence that such unit has 
committed gross violations of human rights, unless the ap-
propriate Secretary determines and reports to the Com-
mittees on Appropriations that the government of such 
country is taking effective measures to bring the respon-
sible members of the security forces unit to justice: Pro-
vided, That nothing in this section shall be construed to 
withhold funds made available by this Act from any unit 
of the security forces of a foreign country not credibly al-
leged to be involved in gross violations of human rights: 
Provided further, That in the event that funds are withheld 
from any unit pursuant to this section, the appropriate 
Secretary shall promptly inform the foreign government
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of the basis for such action and shall, to the maximum 
extent practicable, assist the foreign government in taking 
effective measures to bring the responsible members of the 
security forces to justice. 
SEC. 3005. None of the funds made available in this 
Act may be used for the participation of Iraq in the Orga-
nization of Petroleum Exporting Countries (OPEC). 
SEC. 3006. None of the funds made available in this 
Act may be used to fund any contract in contravention 
of section 8(d)(6) of the Small Business Act (15 U.S.C. 
637(d)(6)). 
SEC. 3007. None of the amounts made available and 
allocated for oil infrastructure under the heading ‘‘IRAQ 
RELIEF AND RECONSTRUCTION FUND’’ may be used to 
enter into any contract using procedures other than com-
petitive procedures. 
This Act may be cited as the ‘‘Emergency Supple-
mental Appropriations Act for Defense and for the Recon-
struction of Iraq and Afghanistan, 2004’’.
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2004, and for other pur-
poses, namely:
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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 Mainte-
nance, Army’’, $24,946,464,000: Provided, That the entire 
amount is designated by the Congress as an emergency re-
quirement 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
HR 3289 PP 
request for a specific dollar amount, that includes designa-
tion 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 Mainte-
nance, Navy’’, $1,976,258,000, of which up to $80,000,000 
may be transferred to the Department of Homeland Secu-
rity for Coast Guard Operations. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps’’, $1,198,981,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force’’, $5,516,368,000. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Mainte-
nance, 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 ex-
pended, may be used, notwithstanding any other pro-
HR 3289 PP 
vision 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 concur-
rence 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 Com-
mittees on Appropriations on the use of these funds. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps Reserve’’, $16,000,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force Reserve’’, $53,000,000.
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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Mainte-
nance, Air National Guard’’, $214,000,000. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For an additional amount for ‘‘Overseas Humani-
tarian, 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 pur-
poses 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 Humani-
tarian, Disaster Assistance, and Civic Aid; procurement; 
military construction; the Defense Health Program; and 
working capital funds: Provided further, That funds trans-
ferred 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 au-
thority 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
HR 3289 PP 
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 de-
tails of any such transfer: Provided further, That the Sec-
retary 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 Inspec-
tor General’’ for financial and performance audits of funds 
apportioned to the Department of Defense from the Iraq Re-
lief 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 Weap-
ons 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 emer-
gency requirement pursuant to section 502 of House Con-
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current Resolution 95, the concurrent resolution on the 
budget for fiscal year 2004: Provided further, That the en-
tire amount shall be available only to the extent that an 
official budget request for a specific dollar amount, that in-
cludes 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 Con-
gress. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $1,078,687,000, to remain available until Sep-
tember 30, 2006: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant 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 spe-
cific dollar amount, that includes designation of the entire 
amount of the request as an emergency requirement as de-
fined in House Concurrent Resolution 95, the concurrent 
resolution on the budget for fiscal year 2004, is transmitted 
by the President to the Congress.
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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 Sep-
tember 30, 2006. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $20,450,000, to remain available until Sep-
tember 30, 2006. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $3,441,006,000, to remain available until Sep-
tember 30, 2006.
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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, Develop-
ment, 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, Develop-
ment, Test and Evaluation, Air Force’’, $39,070,000, to re-
main available until September 30, 2005. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, 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.
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NATIONAL DEFENSE SEALIFT FUND 
For an additional amount for ‘‘National Defense Sea-
lift Fund’’, $24,000,000, to remain available until ex-
pended. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $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 De-
fense may transfer the funds provided herein only to appro-
priations for military personnel; operation and mainte-
nance; 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
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gated and expended to carry out military construction 
projects not otherwise authorized by law. 
CHAPTER 3
GENERAL PROVISIONS, THIS TITLE 
SEC. 301. Section 202(b) of the Afghanistan Freedom 
Support Act of 2002 (Public Law 107–327) is amended by 
striking ‘‘$300,000,000’’ and inserting ‘‘$450,000,000’’. 
SEC. 302. Upon his determination that such action is 
necessary in the national interest, the Secretary of Defense 
may transfer between appropriations up to $2,500,000,000 
of the funds made available in this title, and in addition 
such funds as necessary, not to exceed $5,000,000,000, as 
approved by the House and Senate Appropriations Com-
mittees, Subcommittees on Defense: Provided, That the Sec-
retary 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 sec-
tion is subject to the same terms and conditions as the au-
thority provided in section 8005 of the Department of De-
fense 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 au-
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thorized 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 Depart-
ment of Defense may be obligated to implement any action 
which alters the command responsibility or permanent as-
signment 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 ‘‘bal-
ances’’. 
(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 avail-
able 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
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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 Depart-
ment of Defense or to initiate a procurement or research, 
development, test and evaluation new start program with-
out prior notification to the congressional defense commit-
tees. 
SEC. 310. During the current fiscal year, funds avail-
able to the Department of Defense for operation and mainte-
nance may be used, notwithstanding any other provision 
of law, to provide supplies, services, transportation, includ-
ing airlift and sealift, and other logistical support to coali-
tion forces supporting military and stability operations in 
Iraq: Provided, That the Secretary of Defense shall provide 
quarterly reports to the Committees on Appropriations re-
garding support provided under this section. 
SEC. 311. Notwithstanding any other provision of law, 
from funds available to the Department of Defense for oper-
ation 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 assist-
ance only to the New Iraqi Army and the Afghan National 
Army to enhance their capability to combat terrorism and
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to support U.S. military operations in Iraq and Afghani-
stan: Provided, That such assistance may include the provi-
sion 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 author-
ity of this section. 
SEC. 312. (a) REPORT ON MILITARY READINESS IM-
PLICATIONS 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 re-
quired to carry out Operation Iraqi Freedom, includ-
ing forces required for a rotation base. 
(2) An estimate of the expected duration of the 
operation.
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(3) An estimate of the cost of the operation to-
gether with an explanation of how the Secretary will 
use the funds provided for the operation, and an as-
sessment of how such proposed funding plan would af-
fect overall military readiness. 
(4) An assessment of how readily forces partici-
pating in the operation could be redeployed to addi-
tional 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, dis-
suading future military competitors, deterring threats 
and coercion against United States interests and, if 
deterrence fails, decisively defeating any adversary.
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(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 rota-
tions, an assessment of the number and type of com-
bat support and combat service support units re-
quired from active forces, reserve, and National 
Guard, and the expected duration of each rotation. 
(9) An assessment of the degree to which the op-
eration will require the use of reserve component 
units and personnel and the use and timing of invol-
untary 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 re-
sulting from the operation. 
(11) An assessment of how the increased oper-
ational tempo associated with the operation would af-
fect 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
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Forces, including the active forces, reserve, and Na-
tional 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 sub-
section (a) shall be submitted in unclassified form, but may 
include a classified annex. 
(d) CONGRESSIONAL
DEFENSE
COMMITTEES
DE-
FINED.—In this section, the term ‘‘congressional defense 
committees’’ means—
(1) the Committees on Armed Services and Ap-
propriations of the Senate; and 
(2) the Committees on Armed Services and Ap-
propriations of the House of Representatives. 
SEC. 313. (a) Section 1075 of title 10, United States 
Code, is amended—
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(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 re-
tired 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 para-
graph (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 con-
ditions 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 dis-
eases incurred on or after that date.
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SEC. 314. (a) TRANSFER AUTHORITY.—Subject to sub-
section (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 au-
thority under this section is in addition to any other trans-
fer 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 sec-
tion 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
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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 con-
struction’’, and ‘‘military installation’’ have the meanings 
given such terms in section 2801 of title 10, United States 
Code, except that, with respect to military construction in 
a foreign country, the term ‘‘military installation’’ includes 
not only buildings, structures, and other improvements to 
real property under the operational control of the Secretary 
of a military department or the Secretary of Defense, but 
also any building, structure, or other improvement to real 
property to be used by the Armed Forces, regardless of 
whether such use is anticipated to be temporary or of longer 
duration; and further excepting that ‘‘appropriate commit-
tees of Congress’’ shall include the Subcommittees on Mili-
tary Construction of the Committees on Appropriations of 
the Senate and House of Representatives. 
SEC. 315. COMMENDING THE ARMED FORCES FOR EF-
FORTS IN OPERATION ENDURING FREEDOM AND OPER-
ATION IRAQI FREEDOM. (a) PURPOSE.—Recognizing and 
commending the members of the United States Armed
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Forces and their leaders, and the allies of the United States 
and their armed forces, who participated in Operation En-
during Freedom in Afghanistan and Operation Iraqi Free-
dom in Iraq and recognizing the continuing dedication of 
military families and employers and defense civilians and 
contractors and the countless communities and patriotic or-
ganizations that lent their support to the Armed Forces dur-
ing 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 orga-
nization 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 inter-
national terrorism and surrender Al Qaeda’s leaders
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to the United States made it a threat to international 
peace and security; 
(4) Saddam Hussein and his regime’s long-
standing sponsorship of international terrorism, ac-
tive pursuit of weapons of mass destruction, use of 
such weapons against Iraq’s own citizens and neigh-
boring countries, aggression against Iraq’s neighbors, 
and brutal repression of Iraq’s population made Sad-
dam Hussein and his regime a threat to international 
peace and security; 
(5) the United States pursued sustained diplo-
matic, 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 mili-
tary operations in Afghanistan, designated as Oper-
ation Enduring Freedom, that quickly caused the col-
lapse of the Taliban regime, the elimination of Af-
ghanistan’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 mili-
tary operations, designated as Operation Iraqi Free-
dom, that quickly caused the collapse of Saddam Hus-
sein’s regime, the elimination of Iraq’s terrorist infra-
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structure, the end of Iraq’s illicit and illegal pro-
grams 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, com-
prised of active, reserve, and National Guard mem-
bers and units, had mobilized for Operation Endur-
ing Freedom and Operation Iraqi Freedom; 
(9) success in those two campaigns in the Global 
War on Terrorism would not have been possible with-
out the dedication, courage, and service of the mem-
bers of the United States Armed Forces and the mili-
tary 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 partici-
pating in those two operations, as well as that of the 
communities and patriotic organizations which pro-
vided support through the United Services Organiza-
tion (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 op-
pressed peoples from dictatorial regimes;
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(11) the civilian employees of the Department of 
Defense, through their hard work and dedication, en-
abled United States military forces to quickly and ef-
fectively 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 equip-
ment, and the ingenuity of service companies assist-
ing with the global overseas deployment of the Armed 
Forces demonstrates that the entrepreneurial spirit of 
the United States is an extraordinarily valuable de-
fense 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 Free-
dom 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 Sen-
ate 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,
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wounded, or killed during Operation Enduring Free-
dom and Operation Iraqi Freedom; 
(2) commends President George W. Bush, Sec-
retary of Defense Donald H. Rumsfeld, and United 
States 
Central 
Command 
commander 
General 
Tommy Franks, United States Army, for their plan-
ning and execution of enormously successful military 
campaigns in Operation Enduring Freedom and Op-
eration 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 endeav-
or; 
(5) supports the efforts of communities across the 
Nation—
(A) to prepare appropriate homecoming 
ceremonies to honor and welcome home the mem-
bers of the Armed Forces participating in Oper-
ation Enduring Freedom and Operation Iraqi 
Freedom and to recognize their contributions to
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United States homeland security and to the 
Global War on Terrorism; and 
(B) to prepare appropriate ceremonies to 
commemorate with tributes and days of remem-
brance the service and sacrifice of those service 
members killed or wounded during those oper-
ations; 
(6) expresses the deep gratitude of the Nation to 
the 21 steadfast allies in Operation Enduring Free-
dom and to the 49 coalition members in Operation 
Iraqi Freedom, especially the United Kingdom, Aus-
tralia, and Poland, whose forces, support, and con-
tributions 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 Af-
ghanistan 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 mem-
ber 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
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the member is on rest and recuperation leave from deploy-
ment 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 air-
line industry should, to the maximum extent practicable, 
charge members of the Armed Forces on rest and recuper-
ation 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 noti-
fies 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
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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 avail-
able under this Act. 
SEC. 318. (a) Chapter 55 of title 10, United States 
Code, is amended by inserting after section 1076a the fol-
lowing new section: 
‘‘§ 1076b. TRICARE program: coverage for members of 
the Ready Reserve 
‘‘(a) ELIGIBILITY.—Each member of the Selected Re-
serve of the Ready Reserve and each member of the Indi-
vidual 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.
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‘‘(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 depend-
ents 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 re-
spect to a member enrolled in the TRICARE program under 
this section. 
‘‘(e) PREMIUMS.—(1) The Secretary of Defense shall 
charge premiums for coverage pursuant to enrollments
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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 deter-
mined 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 sub-
section 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
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‘‘(2) A member who enrolls in the TRICARE program 
under this section within 90 days after the date of the ter-
mination of the member’s entitlement or eligibility to re-
ceive health care under subsection (a) or (c) of section 1145 
of this title may terminate the enrollment at any time with-
in 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 Sec-
retary considers appropriate to substantiate the member’s 
assertion that the member is not covered for health care ben-
efits under any other health benefits plan. 
‘‘(j) ELIGIBLE UNEMPLOYMENT COMPENSATION RE-
CIPIENT DEFINED.—In this section, the term ‘eligible unem-
ployment 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 Fed-
eral-State Extended Unemployment Compensation Act of 
1970), including Federal unemployment compensation laws 
administered through the State. 
‘‘(k) REGULATIONS.—The Secretary of Defense, in con-
sultation with the other administering Secretaries, shall 
prescribe regulations for the administration of this section.
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‘‘(l) TERMINATION OF AUTHORITY.—An enrollment in 
TRICARE under this section may not continue after Sep-
tember 30, 2004.’’. 
(b) The table of sections at the beginning of such chap-
ter 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 fol-
lowing new section: 
‘‘§ 1078b. Continuation of non-TRICARE health bene-
fits plan coverage for certain Reserves 
called or ordered to active duty and their 
dependents 
‘‘(a) PAYMENT OF PREMIUMS.—The Secretary con-
cerned shall pay the applicable premium to continue in 
force any qualified health benefits plan coverage for an eli-
gible reserve component member for the benefits coverage 
continuation period if timely elected by the member in ac-
cordance with regulations prescribed under subsection (j). 
‘‘(b) ELIGIBLE MEMBER.—A member of a reserve com-
ponent is eligible for payment of the applicable premium 
for continuation of qualified health benefits plan coverage
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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
COV-
ERAGE.—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 notifi-
cation 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 pre-
mium 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
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in a fiscal year may not exceed the amount determined by 
multiplying—
‘‘(1) the sum of one plus the number of the mem-
ber’s dependents covered by the health benefits plan, 
by 
‘‘(2) the per capita cost of providing TRICARE 
coverage and benefits for dependents under this chap-
ter for such fiscal year, as determined by the Sec-
retary 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 eligi-
bility 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.
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‘‘(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 elec-
tion. 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 regu-
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lations shall include such requirements for making an elec-
tion of payment of applicable premiums as the Secretary 
considers appropriate.’’. 
(2) The table of sections at the beginning of such chap-
ter 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 de-
partment 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
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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 pe-
riod of more than 30 days in support of a contingency oper-
ation under a provision of law referred to in section 
101(a)(13)(B) of this title that provides for active-duty serv-
ice 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 Sep-
tember 30, 2004.’’. 
(b) The benefits provided under the amendment made 
by subsection (a) shall be provided only within funds avail-
able under this Act. 
SEC. 321. (a) Subject to subsection (b), during the pe-
riod 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:
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‘‘(3) Transitional health care for a member under sub-
section (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 sepa-
rations 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 avail-
able 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 Mo-
bility 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 re-
quirements of the Army for armored security vehicles and 
the options available to the Army for procuring armored 
security vehicles to meet the validated requirements.
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SEC. 323. (a) Of the amounts appropriated by chapter 
1 of this title under the heading ‘‘OPERATION AND MAINTE-
NANCE, 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 du-
ties of the office on an acting basis pending the advice and 
consent of the Senate. 
(3) The Inspector General shall have the duties, respon-
sibilities, and authorities of inspectors general under the In-
spector General Act of 1978. In carrying out such duties, 
responsibilities, and authorities, the Inspector General shall
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coordinate with, and receive the cooperation of, the Inspec-
tor 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 Com-
mittees on Appropriations and Foreign Relations of the 
Senate and the Committees on Appropriations and Inter-
national 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 Au-
thority; 
(C) a description of—
(i) any irregularities relating to the admin-
istration 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 pro-
curement;
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(D) a description of any actions taken by the In-
spector 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 Coa-
lition 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 nec-
essary. 
(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 Pro-
visional 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 pre-
paring timely, accurate, and complete reports in com-
pliance with the requirements under paragraph (1).
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(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 Provi-
sional 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 in-
digenous 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 admin-
istering 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
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loyalists, international terrorists and general lawless-
ness 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, Kurd-
ish north has also been remarkably stable, again, con-
trary 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 coun-
try 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 Don-
ald 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, in-
cluding 46,000 Iraqi police nationwide.
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(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 se-
cure 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 de-
termined to be largely secure and stable under this 
subsection. 
SEC. 325. (a) Congress makes the following findings: 
(1) During Operation Desert Shield and Oper-
ation Desert Storm (in this section, collectively re-
ferred to as the ‘‘First Gulf War’’), the regime of Sad-
dam 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 pris-
oner by the regime of Saddam Hussein during the 
First Gulf War were brutally tortured and forced to 
endure severe physical trauma and emotional abuse.
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(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 per-
sonal safety and emotional well-being of such civil-
ians. 
(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 author-
ized to adjudicate cases brought by individuals in-
jured by terrorist states. 
(b) It is the sense of Congress that—
(1) notwithstanding section 1503 of the Emer-
gency 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
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incurred by such citizen fully adjudicated in the ap-
propriate 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 nego-
tiations 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 fol-
lowing 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 na-
tional defense. 
(2) The current deployments of many members of 
the National Guard and Reserve have made them ab-
sent from their communities for an abnormally long 
time. This has diminished the ability of the National 
Guard to conduct its State missions.
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(3) Many members of the National Guard and 
Reserves have been on active duty for more than a 
year, and many more have had their tours of active 
duty involuntarily extended while overseas. 
(b) REPORT ON UTILIZATION OF NATIONAL GUARD 
AND RESERVES.—(1) Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the utilization 
of the National Guard and Reserves in support of contin-
gency 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 sta-
tion; 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—
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(i) the length of deployment of each Na-
tional Guard and Reserve unit currently de-
ployed, 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 ag-
gregate 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 oper-
ation. 
(C) Information on current recruitment and re-
tention of National Guard and Reserve personnel, in-
cluding—
(i) any shortfalls in recruitment and reten-
tion; 
(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 activa-
tion 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 deploy-
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ment of the National Guard and Reserves by State, by var-
ious geographic regions of the United States, and by Armed 
Force. 
(c) REPORT ON EFFECTS OF UTILIZATION OF NA-
TIONAL 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 de-
ployed overseas. 
(C) An assessment by State of the ability of the 
States to respond to emergencies without currently de-
ployed National Guard personnel. 
SEC. 327. (a) FINDINGS.—Congress makes the fol-
lowing findings:
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(1) The Iraq Survey Group is charged with in-
vestigating the weapons of mass destruction programs 
of Iraq. 
(2) The Special Advisor to the Director of Cen-
tral Intelligence for Strategy and Iraq heads the ef-
forts 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 Intel-
ligence for Strategy and Iraq shall submit to the appro-
priate committees of Congress a comprehensive written re-
port 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 sub-
section (b) shall be submitted in both classified and unclas-
sified form. 
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—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 Appro-
priations of the Senate; and
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(2) the Permanent Select Committee on Intel-
ligence and the Subcommittee on Defense of the Com-
mittee on Appropriations of the House of Representa-
tives. 
SEC. 328. (a) In the administration of laws and poli-
cies 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 require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a na-
tional security emergency or to meet dire operational re-
quirements of the Armed Forces. 
SEC. 329. Of the amounts appropriated by this title, 
$10,000,000 shall be available only for the Family Readi-
ness Program of the National Guard. 
SEC. 330. (a) FINDINGS.—Congress makes the fol-
lowing findings:
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(1) The Committee on Armed Services of the 
Senate specified in Senate Report 107–151 to accom-
pany 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 Sec-
retary 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.
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(b) The additional personnel authorized under sub-
section (a) shall be trained, incorporated into an appro-
priate 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 EM-
PLOYEE IS PERFORMING ACTIVE SERVICE IN THE UNI-
FORMED 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: 
‘‘§ 5538. Nonreduction in pay while serving in the uni-
formed services or National Guard 
‘‘(a) An employee who is absent from a position of em-
ployment 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
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to in section 101(a)(13)(B) of title 10 shall be entitled, while 
serving on active duty, to receive, for each pay period de-
scribed in subsection (b), an amount equal to the amount 
by which—
‘‘(1) the amount of basic pay which would other-
wise 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
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is entitled by virtue of such employee’s civilian em-
ployment 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 provi-
sions 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 em-
ployee may report or apply for employment or reem-
ployment following completion of the service on active 
duty to which called or ordered as described in sub-
section (a). 
‘‘(c) Any amount payable under this section to an em-
ployee 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 inter-
rupted. 
‘‘(d) The Office of Personnel Management shall, in con-
sultation with Secretary of Defense, prescribe any regula-
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tions 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, pre-
scribe procedures to ensure that the rights under this section 
apply to the employees of such agency. 
‘‘(2) The Administrator of the Federal Aviation Ad-
ministration 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
AMEND-
MENT.—The table of sections for chapter 55 of title 5,
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United States Code, is amended by inserting after the 
item relating to section 5537 the following:
‘‘5538. Nonreduction in pay while serving in the uniformed services or National 
Guard.’’.
(3) EFFECTIVE PERIOD.—The amendments made 
by this section shall apply with respect to pay periods 
(as described in section 5538(b) of title 5, United 
States Code, as amended by this section) beginning on 
or after the date of enactment of this section and end-
ing September 30, 2004. 
SEC. 333. (a) FINDINGS.—Congress makes the fol-
lowing 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 Af-
ghanistan’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 pro-
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grams 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 pos-
sible 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 ac-
tions 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 Gen-
eral Tommy Franks, United States Army, former 
Commander of the United States Central Command, 
recommended the awards described below in recogni-
tion of the worldwide nature of the current conflict. 
(6) That following the advice of his senior mili-
tary and civilian defense leaders, President Bush, by
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Executive Order 13289 on March 12, 2003, estab-
lished 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 ac-
tions 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 Ter-
rorism Expeditionary Medal is predicated on deploy-
ment 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 Presi-
dent established the Global War on Terrorism Service 
Medical recognizing duty in Operation Noble Eagle 
and the homeland defense mission against further ter-
rorist attacks, and which recognizes duty in support 
of military operations performed in areas that do not 
qualify for the Global War on Terrorism Expedi-
tionary Medal.
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(9) That implementing regulations for eligibility 
have not been issued by the Secretary of Defense. 
(b) SENSE OF THE SENATE ON THE AWARD OF CAM-
PAIGN MEDAL.—It is the sense of the Senate that the Sec-
retary 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 Ter-
rorism including Operation Iraqi Freedom, Operation En-
during Freedom and Operation Noble Eagle should prompt-
ly 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 dam-
age 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 nat-
ural 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 Con-
gress): Provided further, That the entire amount shall be
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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 require-
ment 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 Con-
sular 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
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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 fur-
ther, 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 head-
ing, $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 ap-
propriation 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.