[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4547 Referred in Senate (RFS)]

  2d Session
                                H. R. 4547


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2002

  Received; read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 AN ACT


 
     To authorize appropriations for fiscal year 2003 for military 
   activities of the Department of Defense and to prescribe military 
               personnel strengths for fiscal year 2003.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Cost of War 
Against Terrorism Authorization Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amounts authorized for the War on Terrorism.
Sec. 3. Additional authorizations
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

            Subtitle A--Authorizations to Transfer Accounts

Sec. 101. War on Terrorism Operations Fund.
Sec. 102. War on Terrorism Equipment Replacement and Enhancement Fund.
Sec. 103. General provisions applicable to transfers.
            Subtitle B--Authorizations to Specified Accounts

Sec. 111. Army procurement.
Sec. 112. Navy and Marine Corps procurement.
Sec. 113. Air Force procurement.
Sec. 114. Defense-wide activities procurement.
Sec. 115. Research, development, test, and evaluation, defense-wide.
Sec. 116. Classified activities.
Sec. 117. Global Information Grid system.
Sec. 118. Operation and maintenance.
Sec. 119. Military personnel.
            Subtitle C--Military Construction Authorizations

Sec. 131. Authorized military construction and land acquisition 
                            projects.
             TITLE II--WARTIME PAY AND ALLOWANCE INCREASES

Sec. 201. Increase in rate for family separation allowance.
Sec. 202. Increase in rates for various hazardous duty incentive pays.
Sec. 203. Increase in rate for diving duty special pay.
Sec. 204. Increase in rate for imminent danger pay.
Sec. 205. Increase in rate for career enlisted flyer incentive pay.
Sec. 206. Increase in amount of death gratuity.
Sec. 207. Effective date.
                    TITLE III--ADDITIONAL PROVISIONS

Sec. 301. Establishment of at least one Weapons of Mass Destruction 
                            Civil Support Team in each State.
Sec. 302. Authority for joint task forces to provide support to law 
                            enforcement agencies conducting counter-
                            terrorism activities.
Sec. 303. Sense of Congress on assistance to first responders.

SEC. 2. AMOUNTS AUTHORIZED FOR THE WAR ON TERRORISM.

    The amounts authorized to be appropriated in this Act, totalling 
$10,000,000,000, are authorized for the conduct of operations in 
continuation of the war on terrorism in accordance with the 
Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 
1541 note) and, to the extent appropriations are made pursuant to such 
authorizations, shall only be expended in a manner consistent with the 
purposes stated in section 2(a) thereof.

SEC. 3. ADDITIONAL AUTHORIZATIONS

    The amounts authorized to be appropriated by this Act are in 
addition to amounts authorized to be appropriated for military 
functions of the Department of Defense for fiscal year 2003 in the 
National Defense Authorization Act for Fiscal Year 2003 or any other 
Act.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

            Subtitle A--Authorizations to Transfer Accounts

SEC. 101. WAR ON TERRORISM OPERATIONS FUND.

    (a) Authorization of Appropriations.--There is hereby authorized to 
be appropriated to the Department of Defense for fiscal year 2003 the 
amount of $3,544,682,000, to be available only for operations in 
accordance with the purposes stated in section 2 for Operation Noble 
Eagle and Operation Enduring Freedom. Funds authorized in the preceding 
sentence may only be used as provided in subsection (b).
    (b) Transfer Authority.--Subject to section 103, the Secretary of 
Defense may, in the Secretary's discretion, transfer amounts authorized 
in subsection (a) to any fiscal year 2003 military personnel or 
operation and maintenance account of the Department of Defense for the 
purposes stated in that subsection.

SEC. 102. WAR ON TERRORISM EQUIPMENT REPLACEMENT AND ENHANCEMENT FUND.

    (a) Authorization of Appropriations.--There is hereby authorized to 
be appropriated to the Department of Defense for fiscal year 2003 the 
amount of $1,000,000,000, to be available only in accordance with the 
purposes stated in section 2 and to be used only as provided in 
subsection (b).
    (b) Transfer Authority.--Subject to section 103, the Secretary of 
Defense may, in the Secretary's discretion, transfer amounts authorized 
in subsection (a) to any fiscal year 2003 procurement or research, 
development, test, and evaluation account of the Department of Defense 
for the purpose of--
            (1) emergency replacement of equipment and munitions lost 
        or expended in operations conducted as part of Operation Noble 
        Eagle or Operation Enduring Freedom; or
            (2) enhancement of critical military capabilities necessary 
        to carry out operations pursuant to Public Law 107-40.

SEC. 103. GENERAL PROVISIONS APPLICABLE TO TRANSFERS.

    (a) In General.--Amounts transferred pursuant to section 101(b) or 
102(b) shall be merged with, and available for the same purposes and 
the same time period as, the account to which transferred.
    (b) Congressional Notice-and-Wait Requirement.--A transfer may not 
be made under section 101(b) or 102(b) until the Secretary of Defense 
has submitted a notice in writing to the Committees on Armed Services 
and the Committees on Appropriations of the Senate and House of 
Representatives of the proposed transfer and a period of 15 days has 
elapsed after the date such notice is received. Any such notice shall 
include specification of the amount of the proposed transfer, the 
account to which the transfer is to be made, and the purpose of the 
transfer.
    (c) Transfer Authority Cumulative.--The transfer authority provided 
by this subtitle is in addition to any other transfer authority 
available to the Secretary of Defense under this Act or any other Act.

            Subtitle B--Authorizations to Specified Accounts

SEC. 111. ARMY PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2003 
for procurement accounts of the Army in amounts as follows:
            (1) For ammunition, $94,000,000.
            (2) For other procurement, $10,700,000.

SEC. 112. NAVY AND MARINE CORPS PROCUREMENT.

    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 2003 for procurement accounts for the Navy in amounts as 
follows:
            (1) For aircraft, $106,000,000.
            (2) For weapons, including missiles and torpedoes, 
        $633,000,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2003 for the procurement account for the Marine Corps 
in the amount of $25,200,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2003 for the procurement account for 
ammunition for the Navy and the Marine Corps in the amount of 
$120,600,000.

SEC. 113. AIR FORCE PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2003 
for procurement accounts for the Air Force in amounts as follows:
            (1) For aircraft, $214,550,000.
            (2) For ammunition, $157,900,000.
            (3) For other procurement, $10,800,000.

SEC. 114. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2003 
for the procurement account for Defense-wide procurement in the amount 
of $620,414,000.

SEC. 115. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE-WIDE.

    Funds are hereby authorized to be appropriated for fiscal year 2003 
for the research, development, test, and evaluation account for 
Defense-wide activities in the amount of $390,100,000.

SEC. 116. CLASSIFIED ACTIVITIES.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2003 for unspecified intelligence and 
classified activities in the amount of $1,980,674,000, of which--
            (1) $1,618,874,000 is authorized to be appropriated to 
        procurement accounts;
            (2) $301,600,000 is authorized to be appropriated to 
        operation and maintenance accounts; and
            (3) $60,200,000 is authorized to be appropriated to 
        research, development, test, and evaluation accounts.

SEC. 117. GLOBAL INFORMATION GRID SYSTEM.

    None of the funds authorized to be appropriated by this Act for the 
Department of Defense system known as the Global Information Grid may 
be obligated until the Secretary of Defense submits to the Committees 
on Armed Services and the Committees on Appropriations of the Senate 
and House of Representatives the Secretary's certification that the 
end-to-end system is secure and protected from unauthorized access to 
the information transmitted through the system.

SEC. 118. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal year 2003 
for the use of the Armed Forces for expenses, not otherwise provided 
for, for operation and maintenance, in amounts as follows:
            (1) For the Army, $14,270,000.
            (2) For the Navy, $5,252,500.
            (3) For the Marine Corps, $11,396,000.
            (4) For the Air Force, $517,285,000.

SEC. 119. MILITARY PERSONNEL.

    There is hereby authorized to be appropriated to the Department of 
Defense for military personnel accounts for fiscal year 2003 a total of 
$503,100,000.

            Subtitle C--Military Construction Authorizations

SEC. 131. AUTHORIZED MILITARY CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.

    (a) Projects Authorized.--Using amounts appropriated pursuant to 
the authorization of appropriations in subsection (b), the Secretary of 
the military department concerned may acquire real property and carry 
out military construction projects for the installations and locations, 
and in the amounts, set forth in the following table:

                           Projects Authorized
------------------------------------------------------------------------
                                     Installation or
      Military Department                location             Amount
------------------------------------------------------------------------
Department of the Army.........  Qatar..................      $8,600,000
Department of the Navy.........  Naval Station,               $4,280,000
                                  Guantanamo Bay, Cuba..
                                 Naval Station, Rota,        $18,700,000
                                  Spain.................
Department of the Air Force....  Bolling Air Force Base,      $3,500,000
                                  District of Columbia..
                                                         ---------------
                                     Total..............     $35,080,000
------------------------------------------------------------------------

    (b) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal year 2003 for the military construction 
projects authorized by subsection (a) in the total amount of 
$35,080,000.

             TITLE II--WARTIME PAY AND ALLOWANCE INCREASES

SEC. 201. INCREASE IN RATE FOR FAMILY SEPARATION ALLOWANCE.

    Section 427(a)(1) of title 37, United States Code, is amended by 
striking ``$100'' and inserting ``$125''.

SEC. 202. INCREASE IN RATES FOR VARIOUS HAZARDOUS DUTY INCENTIVE PAYS.

    (a) Flight Pay for Crew Members.--Subsection (b) of section 301 of 
title 37, United States Code, is amended by striking the table and 
inserting the following new table:

``Pay grade:                                               Monthly Rate
        O-10...................................................   $200 
        O-9....................................................   $200 
        O-8....................................................   $200 
        O-7....................................................   $200 
        O-6....................................................   $300 
        O-5....................................................   $300 
        O-4....................................................   $275 
        O-3....................................................   $225 
        O-2....................................................   $200 
        O-1....................................................   $200 
        W-5....................................................   $300 
        W-4....................................................   $300 
        W-3....................................................   $225 
        W-2....................................................   $200 
        W-1....................................................   $200 
        E-9....................................................   $290 
        E-8....................................................   $290 
        E-7....................................................   $290 
        E-6....................................................   $265 
        E-5....................................................   $240 
        E-4....................................................   $215 
        E-3....................................................   $200 
        E-2....................................................   $200 
        E-1.................................................... $200''.

    (b) Incentive Pay for Parachute Jumping Without Static Line.--
Subsection (c)(1) of such section is amended by striking ``$225'' and 
inserting ``$275''.
    (c) Other Hazardous Duties.--Subsection (c)(1) of such section is 
amended by striking ``$150'' and inserting ``$200''.
    (d) Removal of Air Weapons Controller Crew Members From List of 
Hazardous Duties.--Such section is further amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (12);
                    (B) in paragraph (11), by striking ``; or'' and 
                inserting a period; and
                    (C) in paragraph (10), by inserting ``or'' after 
                the semicolon; and
            (2) in subsection (c), as amended by subsections (b) and 
        (c) of this section--
                    (A) by striking ``(1)''; and
                    (B) by striking paragraph (2).

SEC. 203. INCREASE IN RATE FOR DIVING DUTY SPECIAL PAY.

    Section 304(b) of title 37, United States Code, is amended--
            (1) by striking ``$240'' and inserting ``$290''; and
            (2) by striking ``$340'' and inserting ``$390''.

SEC. 204. INCREASE IN RATE FOR IMMINENT DANGER PAY.

    Section 310(a) of title 37, United States Code, is amended by 
striking ``$150'' and inserting ``$250''.

SEC. 205. INCREASE IN RATE FOR CAREER ENLISTED FLYER INCENTIVE PAY.

    The table in section 320(d) of title 37, United States Code, is 
amended to read as follows:

``Years of aviation service                                Monthly rate
    4 or less.....................................                $200 
    Over 4........................................                $275 
    Over 8........................................                $400 
    Over 14.......................................             $450.''.

SEC. 206. INCREASE IN AMOUNT OF DEATH GRATUITY.

    Section 1478(a) of title 10, United States Code, is amended by 
striking ``$6,000'' and inserting ``$12,000''.

SEC. 207. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this title shall take effect on the later of the 
following:
            (1) The first day of the first month beginning on or after 
        the date of the enactment of this Act.
            (2) October 1, 2002.
    (b) Death Gratuity.--The amendment made by section 206 shall apply 
with respect to a person covered by section 1475 or 1476 of title 10, 
United States Code, whose date of death occurs on or after the later of 
the following:
            (1) The date of the enactment of this Act.
            (2) October 1, 2002.

                    TITLE III--ADDITIONAL PROVISIONS

SEC. 301. ESTABLISHMENT OF AT LEAST ONE WEAPONS OF MASS DESTRUCTION 
              CIVIL SUPPORT TEAM IN EACH STATE.

    (a) Findings.--Congress makes the following findings:
            (1) Weapons of Mass Destruction Civil Support Teams are 
        strategic assets, stationed at the operational level, as an 
        immediate response capability to assist local responders in the 
        event of an emergency within the United States involving use or 
        potential use of weapons of mass destruction.
            (2) Since September 11 2001, Civil Support Teams have 
        responded to more than 200 requests for support from civil 
        authorities for actual or potential weapons of mass destruction 
        incidents and have supported various national events, including 
        the World Series, the Super Bowl, and the 2002 Winter Olympics.
            (3) To enhance homeland security as the Nation fights the 
        war against terrorism, each State and territory must have a 
        Weapons of Mass Destruction Civil Support Team to respond to 
        potential weapons of mass destruction incidents.
            (4) In section 1026 of the Bob Stump National Defense 
        Authorization Act for Fiscal Year 2003 as passed the House of 
        Representatives on May 10, 2002 (H.R. 4546 of the 107th 
        Congress), the House of Representatives has already taken 
        action to that end by expressing the sense of Congress that the 
        Secretary of Defense should establish 23 additional Weapons of 
        Mass Destruction Civil Support Teams in order to provide at 
        least one such team in each State and territory.
            (5) According to a September 2001 report of the Comptroller 
        General entitled ``Combating Terrorism'', the Department of 
        Defense plans that there eventually should be a Weapons of Mass 
        Destruction Civil Support Teams in each State, territory, and 
        the District of Columbia.
    (b) Requirement.--From funds authorized to be appropriated in 
section 101, the Secretary of Defense shall ensure that there is 
established at least one Weapons of Mass Destruction Civil Support Team 
in each State.
    (c) Definitions.--For purposes of this section:
            (1) The term ``Weapons of Mass Destruction Civil Support 
        Team'' means a team of members of the reserve components of the 
        armed forces that is established under section 12310(c) of 
        title 10, United States Code, in support of emergency 
        preparedness programs to prepare for or to respond to any 
        emergency involving the use of a weapon of mass destruction.
            (2) The term ``State'' includes the District of Columbia, 
        Puerto Rico, the Virgin Islands, and Guam.
    (d) Deadline for Implementation.--The Secretary of Defense shall 
ensure that subsection (b) is fully implemented not later than 
September 30, 2003.

SEC. 302. AUTHORITY FOR JOINT TASK FORCES TO 
              PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING 
              COUNTER-TERRORISM ACTIVITIES.

    (a) Authority.--A joint task force of the Department of Defense 
that provides support to law enforcement agencies conducting counter-
drug activities may also provide, consistent with all applicable laws 
and regulations, support to law enforcement agencies conducting 
counter-terrorism activities.
    (b) Conditions.--Any support provided under subsection (a) may only 
be provided in the geographic area of responsibility of the joint task 
force.
    (c) Funds.--Funds are hereby authorized to be appropriated for 
fiscal year 2003 in the amount of $5,000,000 to provide support for 
counter-terrorism activities in accordance with subsections (a) and 
(b).

SEC. 303. SENSE OF CONGRESS ON ASSISTANCE TO FIRST RESPONDERS.

    It is the sense of Congress that the Secretary of Defense should, 
to the extent the Secretary determines appropriate, use funds provided 
in this Act to assist, train, and equip local fire and police 
departments that would be a first responder to a domestic terrorist 
incident that may come about in connection with the continued fight to 
prosecute the war on terrorism.

            Passed the House of Representatives July 24, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.