HR 3289 PP 
gress), the concurrent resolution on the budget for fiscal 
year 2004. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $418,635,000, to remain available until Sep-
tember 30, 2006: Provided, 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.
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 re-
main available until September 30, 2005: Provided, That 
the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 502 of H. 
Con. Res. 95 (108th Congress), the concurrent resolution 
on the budget for fiscal year 2004. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $39,070,000, to
HR 3289 PP 
remain available until September 30, 2005: Provided, 
That the entire amount is designated by the Congress as 
an emergency requirement pursuant to section 502 of H. 
Con. Res. 95 (108th Congress), the concurrent resolution 
on the budget for fiscal year 2004. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment,
Test
and
Evaluation,
Defense-Wide’’, 
$195,817,000, to remain available until September 30, 
2005: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the con-
current resolution on the budget for fiscal year 2004. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital Funds’’, $600,000,000: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 
(108th Congress), the concurrent resolution on the budget 
for fiscal year 2004. 
NATIONAL DEFENSE SEALIFT FUND 
For an additional amount for ‘‘National Defense Sea-
lift Fund’’, $24,000,000, to remain available until ex-
HR 3289 PP 
pended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant 
to section 502 of H. Con. Res. 95 (108th Congress), the 
concurrent resolution on the budget for fiscal year 2004. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $658,380,000 for Operation and maintenance: 
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. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities, Defense’’, $73,000,000: Pro-
vided, That these funds may be used for such activities 
related to Afghanistan: Provided further, That the Sec-
retary of Defense may transfer the funds provided herein 
only to appropriations for military personnel; operation 
and maintenance; procurement; and research, develop-
ment, 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
HR 3289 PP 
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 the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 
(108th Congress), the concurrent resolution on the budget 
for fiscal year 2004. 
RELATED AGENCIES 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Intelligence Commu-
nity Management Account’’, $21,500,000, to remain avail-
able until September 30, 2005; of which $3,000,000 may 
be transferred to and merged with the Department of En-
ergy, ‘‘Other Defense Activities’’, and $15,500,000 may 
be transferred to and merged with the Federal Bureau of 
Investigation, ‘‘Salaries and Expenses’’: Provided, That all 
such amounts are designated by the Congress as an emer-
gency requirement pursuant to section 502 of H. Con. 
Res. 95 (108th Congress), the concurrent resolution on 
the budget for fiscal year 2004.
HR 3289 PP 
GENERAL PROVISIONS—THIS CHAPTER 
(TRANSFER OF FUNDS) 
SEC. 1101. Upon his determination that such action 
is necessary in the national interest, the Secretary of De-
fense
may
transfer
between
appropriations
up
to 
$3,000,000,000 of the funds made available to the De-
partment of Defense in this chapter: Provided, That the 
Secretary shall notify the Congress promptly of each 
transfer made pursuant to this authority: Provided further, 
That the transfer authority provided in this section is in 
addition to any other transfer authority available to the 
Department of Defense: Provided further, That the au-
thority in this section is subject to the same terms and 
conditions as the authority provided in section 8005 of the 
Department of Defense Appropriations Act, 2004, except 
for the fourth proviso: 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 Congress), the concurrent resolution on the budget 
for fiscal year 2004. 
SEC. 1102. Funds appropriated in this Act, or made 
available by the transfer of funds in or pursuant to this 
Act, for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414).
HR 3289 PP 
SEC. 1103. Sections 1318 and 1319 of the Emer-
gency Wartime Supplemental Appropriations Act, 2003 
(Public Law 108–11; 117 Stat. 571), shall remain in ef-
fect during fiscal year 2004. 
SEC. 1104. From October 1, 2003, through Sep-
tember 30, 2004, (a) the rates of pay authorized by sec-
tion 310(a) of title 37, United States Code, shall be $225; 
and (b) the rates of pay authorized by section 427(a)(1) 
of title 37, United States Code, shall be $250. 
SEC. 1105. DEFENSE EMERGENCY RESPONSE FUND 
CLOSE-OUT AUTHORITY.—(a) Section 1313 of the Emer-
gency Wartime Supplemental Appropriations Act, 2003 
(Public Law 108–11; 117 Stat. 569), is amended by in-
serting ‘‘unobligated’’ before ‘‘balances’’. 
(b) Effective November 1, 2003, adjustments to obli-
gations that before such date would have been properly 
chargeable to the Defense Emergency Response Fund 
shall be charged to any current appropriations account of 
the Department of Defense available for the same purpose. 
SEC. 1106. During the current year, funds made 
available in this Act to the Department of Defense for op-
eration and maintenance may be used, notwithstanding 
any other provision of law, to provide supplies, services, 
transportation, including airlift and sealift, and other 
logistical support to coalition forces supporting military
HR 3289 PP 
search, development, test and evaluation new start pro-
gram without prior notification to the congressional de-
fense committees. 
SEC. 1109. In addition to amounts made available 
elsewhere in this Act, there is hereby appropriated to the 
Department of Defense $413,300,000, to be used only for 
recovery and repair of damage due to natural disasters 
including Hurricane Isabel, to be distributed as follows: 
‘‘Operation
and
Maintenance,
Army’’, 
$73,600,000; 
‘‘Operation
and
Maintenance,
Navy’’, 
$126,400,000; 
‘‘Operation and Maintenance, Marine Corps’’, 
$9,200,000; 
‘‘Operation
and
Maintenance,
Air
Force’’, 
$201,900,000; and 
‘‘Other Procurement, Air Force’’, $2,200,000: 
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. 
SEC. 1110. During the current fiscal year, from 
funds made available in this Act to the Department of De-
fense for operation and maintenance, not to exceed 
$180,000,000 may be used, notwithstanding any other
HR 3289 PP 
provision of law, to fund the Commander’s Emergency Re-
sponse Program, established by the Administrator of the 
Coalition Provisional Authority for the purpose of enabling 
military commanders in Iraq to respond to urgent humani-
tarian relief and reconstruction requirements within their 
areas of responsibility by carrying out programs that will 
immediately assist the Iraqi people, and to establish and 
fund a similar program to assist the people of Afghani-
stan: Provided, That the Secretary of Defense shall pro-
vide quarterly reports, beginning on January 15, 2004, 
to the congressional defense committees regarding the 
source of funds and the allocation and use of funds made 
available pursuant to the authority provided in this sec-
tion. 
SEC. 1111. Not later than 30 days after the date of 
the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report 
describing an Analysis of Alternatives for replacing the ca-
pabilities of the existing Air Force fleet of KC–135 tanker 
aircraft. 
ENHANCEMENTS
TO
EXEMPTION
FOR
MEMBERS
WITH 
COMBAT-RELATED
INJURIES
FROM
REQUIREMENT 
FOR
PAYMENT
OF
SUBSISTENCE
CHARGES
WHILE 
HOSPITALIZED 
SEC. 1112. (a) EXEMPTION MADE PERMANENT.—
Subsection (c) of section 1075 of title 10, United States
HR 3289 PP 
Code (as added by section 8146(a)(2) of the Department 
of Defense Appropriations Act, 2004 (Public Law 108–
87)), is repealed. 
(b) RETROACTIVITY.—Subsection (b) of section 8146 
of the Department of Defense Appropriations Act, 2004 
(Public Law 108–87), is amended to read as follows: 
‘‘(b) EFFECTIVE DATE.—(1) Subsection (b)(2) of 
section 1075 of title 10, United States Code, as added by 
subsection (a), shall apply with respect to any period of 
hospitalization on or after September 11, 2001, because 
of an injury covered by that subsection that is incurred 
on or after that date. 
‘‘(2) The Secretary concerned (as defined in section 
101 of title 37, United States Code) shall take such action 
as necessary to implement paragraph (1), including—
‘‘(A) refunding any amount previously paid 
under section 1075 of title 10, United States Code, 
by a person who, by reason of paragraph (1), is not 
required to make such payment; and 
‘‘(B) waiving recovery of any unpaid amount 
for which a person has previously been charged 
under that section and which that person, by reason 
of paragraph (1), is not required to pay.’’.
HR 3289 PP 
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY 
UNITED STATES COAST GUARD 
OPERATING EXPENSES 
For an additional amount for ‘‘Operating Expenses’’, 
$23,183,000, for costs related to Hurricane Isabel dam-
age: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the con-
current resolution on the budget for fiscal year 2004. 
CHAPTER 3
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION 
MILITARY CONSTRUCTION, ARMY 
For an additional amount for ‘‘Military Construction, 
Army’’, $185,100,000, to remain available until Sep-
tember 30, 2008: Provided, That notwithstanding any 
other provision of law, such funds may be obligated or ex-
pended to carry out planning and design and military con-
struction projects not otherwise authorized by law: Pro-
vided further, 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.
HR 3289 PP 
MILITARY CONSTRUCTION, NAVY 
For an additional amount for ‘‘Military Construction, 
Navy’’, $45,530,000, to remain available until September 
30, 2008: Provided, That notwithstanding any other provi-
sion of law, such funds may be obligated or expended to 
carry out military construction projects not otherwise au-
thorized by law: Provided further, 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. 
MILITARY CONSTRUCTION, AIR FORCE 
For an additional amount for ‘‘Military Construction, 
Air Force’’, $292,550,000, to remain available until Sep-
tember 30, 2008: Provided, That notwithstanding any 
other provision of law, such funds may be obligated or ex-
pended to carry out planning and design and military con-
struction projects not otherwise authorized by law: Pro-
vided further, 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.
HR 3289 PP 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
ARMY 
For an additional amount for ‘‘Family Housing Oper-
ation and Maintenance, Army’’, $8,151,000: Provided, 
That the entire amount is designated by the Congress as 
an emergency requirement pursuant to section 502 of H. 
Con. Res. 95 (108th Congress), the concurrent resolution 
on the budget for fiscal year 2004. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
NAVY AND MARINE CORPS 
For an additional amount for ‘‘Family Housing Oper-
ation
and
Maintenance,
Navy
and
Marine
Corps’’, 
$6,280,000: Provided, 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. 
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR 
FORCE 
For an additional amount for ‘‘Family Housing Oper-
ation and Maintenance, Air Force’’, $6,981,000: Provided, 
That the entire amount is designated by the Congress as 
an emergency requirement pursuant to section 502 of H. 
Con. Res. 95 (108th Congress), the concurrent resolution 
on the budget for fiscal year 2004.