In the Senate of the United States,
October 17, 2003.
Resolved, That the bill from the House of Representa-
tives (H.R. 3289) entitled ‘‘An Act making emergency sup-
plemental appropriations for defense and for the reconstruc-
tion of Iraq and Afghanistan for the fiscal year ending Sep-
tember 30, 2004, and for other purposes.’’, do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 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
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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-
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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
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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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not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
RELATED AGENCIES
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Intelligence 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 In-
vestigation, ‘‘Salaries and Expenses’’.
CHAPTER 2
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, ARMY
For an additional amount for ‘‘‘Military Construction,
Army’’, $119,900,000, to remain available until September
30, 2008: Provided, That such funds may be obligated and
expended to carry out military construction projects not
otherwise authorized by law.
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction,
Air Force’’, $292,550,000, to remain available until Sep-
tember 30, 2008: Provided, That such funds may be obli-
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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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such health care, shall be subject to the same deductibles,
copayments, and other nonpremium charges for health care
as apply under this chapter for health care provided under
the same TRICARE program option to dependents de-
scribed in subparagraph (A), (D), or (I) of section 1072(2)
of this title.
‘‘(g) TERMINATION OF ENROLLMENT.—(1) A member
enrolled in the TRICARE program under this section may
terminate the enrollment only during an open enrollment
period provided under subsection (c), except as provided in
subsection (h).
‘‘(2) An enrollment of a member for self alone or for
self and family under this section shall terminate on the
first day of the first month beginning after the date on
which the member ceases to be eligible under subsection (a).
‘‘(3) The enrollment of a member under this section
may be terminated on the basis of failure to pay the pre-
mium charged the member under this section.
‘‘(h) RELATIONSHIP TO TRANSITION TRICARE COV-
ERAGE UPON SEPARATION FROM ACTIVE DUTY.—(1) A
member may not enroll in the TRICARE program under
this section while entitled to transitional health care under
subsection (a) of section 1145 of this title or while author-
ized to receive health care under subsection (c) of such sec-
tion.
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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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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: