[House Report 107-603]
[From the U.S. Government Publishing Office]


107th Congress   }                                           {   Report
                          HOUSE OF REPRESENTATIVES                 
2d Session       }                                           {  107-603
_______________________________________________________________________

                                     




 
        COST OF WAR AGAINST TERRORISM AUTHORIZATION ACT OF 2002

                               __________

                              R E P O R T

                                 of the

                      COMMITTEE ON ARMED SERVICES

                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 4547

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

      [Including cost estimate of the Congressional Budget Office]
      
      

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


 July 23, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed              
              
              
                            ______
                          

             U.S. GOVERNMENT PUBLISHING OFFICE 
 99-006               WASHINGTON : 2002              
              

                   HOUSE COMMITTEE ON ARMED SERVICES
                      One Hundred Seventh Congress

                      BOB STUMP, Arizona, Chairman
DUNCAN HUNTER, California            IKE SKELTON, Missouri
JAMES V. HANSEN, Utah                JOHN M. SPRATT, Jr., South 
CURT WELDON, Pennsylvania                Carolina
JOEL HEFLEY, Colorado                SOLOMON P. ORTIZ, Texas
JIM SAXTON, New Jersey               LANE EVANS, Illinois
JOHN M. McHUGH, New York             GENE TAYLOR, Mississippi
TERRY EVERETT, Alabama               NEIL ABERCROMBIE, Hawaii
ROSCOE G. BARTLETT, Maryland         MARTY MEEHAN, Massachusetts
HOWARD P. ``BUCK'' McKEON,           ROBERT A. UNDERWOOD, Guam
    California                       ROD R. BLAGOJEVICH, Illinois
J.C. WATTS, Jr., Oklahoma            SILVESTRE REYES, Texas
MAC THORNBERRY, Texas                THOMAS H. ALLEN, Maine
JOHN N. HOSTETTLER, Indiana          VIC SNYDER, Arkansas
SAXBY CHAMBLISS, Georgia             JIM TURNER, Texas
VAN HILLEARY, Tennessee              ADAM SMITH, Washington
WALTER B. JONES, Jr., North          LORETTA SANCHEZ, California
    Carolina                         JAMES H. MALONEY, Connecticut
LINDSEY O. GRAHAM, South Carolina    MIKE McINTYRE, North Carolina
JIM RYUN, Kansas                     CIRO D. RODRIGUEZ, Texas
BOB RILEY, Alabama                   CYNTHIA A. McKINNEY, Georgia
JIM GIBBONS, Nevada                  ELLEN O. TAUSCHER, California
ROBIN HAYES, North Carolina          ROBERT A. BRADY, Pennsylvania
HEATHER WILSON, New Mexico           ROBERT E. ANDREWS, New Jersey
KEN CALVERT, California              BARON P. HILL, Indiana
ROB SIMMONS, Connecticut             MIKE THOMPSON, California
ANDER CRENSHAW, Florida              JOHN B. LARSON, Connecticut
MARK STEVEN KIRK, Illinois           SUSAN A. DAVIS, California
JO ANN DAVIS, Virginia               JAMES R. LANGEVIN, Rhode Island
ED SCHROCK, Virginia                 RICK LARSEN, Washington
W. TODD AKIN, Missouri
RANDY FORBES, Virginia
JEFF MILLER, Florida
JOE WILSON, South Carolina
                    Robert S. Rangel, Staff Director
                    
                            C O N T E N T S

                              ----------                              
                                                                   Page
Explanation of the Committee Amendments..........................     6
Purpose and Background...........................................     6
Relationship of Authorization to Appropriations..................     7
Summary of Authorization in the Bill.............................     7
Summary Table of Authorizations..................................     7
  Legislative Provisions.........................................     9
      Section 1--Short Title; Table of Contents..................     9
      Section 2--Amounts Authorized for the War on Terrorism.....     9
      Section 3--Additional Authorizations.......................     9
TITLE I--AUTHORIZATION OF APPROPRIATIONS.........................    10
  ITEMS OF SPECIAL INTEREST......................................    10
    Improving Intelligence Collection, Analysis, and 
      Dissemination for and in the Military......................    10
    Military Construction for Units Activated To Support the War 
      on Terrorism...............................................    10
  Special Operations Command Training............................    10
  LEGISLATIVE PROVISIONS.........................................    11
    Subtitle A--Authorizations to Transfer Accounts..............    11
      Section 101--War on Terrorism Operations Funds.............    11
      Section 102--War on Terrorism Equipment Replacement and 
        Enhancement Fund.........................................    11
      Section 103--General Provisions Applicable to Transfers....    12
    Subtitle B--Authorizations to Specified Accounts.............    12
      Section 111--Army Procurement..............................    12
      Section 112--Navy and Marine Corps Procurement.............    12
      Section 113--Air Force Procurement.........................    12
      Section 114--Defense-Wide Activities Procurement...........    12
      Section 115--Research, Development, Test and Evaluation, 
        Defense-Wide.............................................    13
      Section 116--Classified Activities.........................    13
      Section 117--Global Information Grid System................    13
      Section 118--Operation and Maintenance.....................    13
      Section 119--Military Personnel............................    13
    Subtitle C--Military Construction Authorizations.............    13
      Section 131--Authorized Military Construction and Land 
        Acquisition Projects.....................................    13
TITLE II--WARTIME PAY AND ALLOWANCE INCREASES....................    14
  LEGISLATIVE PROVISIONS.........................................    14
      Section 201--Increase in Rate for Family Separation 
        Allowance................................................    14
      Section 202--Increase in Rates for Various Hazardous Duty 
        Incentive Pays...........................................    14
      Section 203--Increase in Rate for Diving Duty Special Pay..    14
      Section 204--Increase in Rate for Imminent Danger Pay......    14
      Section 205--Increase in Rate for Career Enlisted Flyer 
        Incentive Pay............................................    14
      Section 206--Increase in Amount of Death Gratuity..........    14
      Section 207--Effective Date................................    14
TITLE III--ADDITIONAL PROVISIONS.................................    15
  LEGISLATIVE PROVISIONS.........................................    15
      Section 301--Establishment of At Least One Weapon of Mass 
        Destruction Civil Support Team in Each State.............    15
      Section 302--Authority for Joint Task Forces to Provide 
        Support to Law Enforcement Agencies Conducting Counter-
        Terrorism Activities.....................................    15
      Section 303--Sense of Congress on Assistance to First 
        Responders...............................................    15
Departmental Data................................................    15
Committee Position...............................................    16
Fiscal Data......................................................    16
  Congressional Budget Office Estimate...........................    16
  Committee Cost Estimate........................................    20
Oversight Findings...............................................    20
General Performance Goals and Objectives.........................    20
Constitutional Authority Statement...............................    20
Statement of Federal Mandates....................................    20
Record Votes.....................................................    21
Changes in Existing Law as Made by the Bill......................    24
Additional and Dissenting Views..................................28, 29
  Additional Views of Tom Allen, Susan Davis, Ellen Tauscher, 
    Lane Evans, Ike Skelton, and James Langevin..................    28
  Dissenting Views of Congresswoman Cynthia McKinney.............    29
  


                                                           
107th Congress  }                                            {    Report              
                        HOUSE OF REPRESENTATIVES      
 2d Session     }                                            {   107-603

======================================================================




        COST OF WAR AGAINST TERRORISM AUTHORIZATION ACT OF 2002

                                _______
                                

  July 23, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Stump, from the Committee on Armed Services, submitted the 
                               following

                              R E P O R T

                           
                             together with

                    ADDITIONAL AND DISSENTING VIEWS

                        [To accompany H.R. 4547]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Armed Services, to whom was referred the 
bill (H.R. 4547) 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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                Explanation of the Committee Amendments

    The committee adopted an amendment in the nature of a 
substitute during the consideration of H.R. 4547. The title of 
the bill is amended to reflect the amendment to the text of the 
bill. The remainder of the report discusses the bill, as 
amended.

                         Purpose and Background

    The President's Budget Request for Fiscal Year 2003 
included a provision for the establishment of a special reserve 
fund in the amount of $10 billion exclusively for the purpose 
of financing the costs of the war on terrorism. The Concurrent 
Resolution on the Budget for Fiscal Year 2003, H. Con. Res. 
353, endorsed this request by creating such a reserve fund in 
section 201 which stipulates that the $10 billion in fiscal 
year 2003 budget authority contained in this fund would only be 
used to adjust the national defense function allocation ``if 
the Committee on Appropriations or the Committee on Armed 
Services reports a bill . . . that provides new budget 
authority (and outlays flowing therefrom) for operations of the 
Department of Defense to prosecute the war on terrorism.''
    Accordingly, the Committee on Armed Services, in 
considering the defense authorization legislation for fiscal 
year 2003, established a two-part authorization process. The 
first part consisted of the baseline defense authorization bill 
addressing the entirety of the fiscal year 2003 defense program 
minus the $10 billion war reserve fund. This bill, H.R. 4546, 
was reported out of committee on May 1, 2002 and passed the 
House on May 10, 2002. The second part involved the remaining 
$10 billion of the President's request and received preliminary 
consideration by the committee on May 1, 2002, but complete 
consideration was deferred pending a detailed budget amendment 
request by the President. On July 3, 2002, the President 
transmitted to Congress such a budget amendment requesting that 
the Congress authorize and appropriate $10 billion for fiscal 
year 2003 in a Defense Emergency Response Fund and grant the 
Department of Defense significant latitude in executing this 
fund.
    On July 18, 2002, the Committee on Armed Services met and 
continued consideration of the H.R. 4547, the Cost of War 
Authorization Act of 2002, amending it to cover the totality of 
the remaining $10 billion of the President's budget request. 
The committee amendment declines to establish the Defense 
Emergency Response Fund for fiscal year 2003. The committee has 
found this fiscal device to significantly reduce the ability of 
Congress to track and conduct oversight over the execution of 
Department of Defense funds. However, the Committee recognizes 
the unique challenges facing the Department as it continues to 
prosecute an unpredictable and unprecedented global war on 
terrorism. Therefore, the committee amendment provides the 
Department with specific authorization to execute those 
programs that have been specifically identified yet it also 
provides significant flexibility in the execution of the 
remaining funds. The specific mechanism the Committee 
recommends is detailed below.

            Relationship of Authorization to Appropriations

    The bill does not generally provide budget authority. The 
bill authorizes appropriations. Subsequent appropriation acts 
provide budget authority. The bill addresses the following 
categories in the Department of Defense budget: procurement; 
research, development, test and evaluation; operation and 
maintenance; military personnel; and military construction.

                  Summary of Authorization in the Bill

    The President requested, by amendment, budget authority of 
$10.0 billion for the national defense budget function for 
fiscal year 2003. Of this amount, the President requested up to 
$1.9 billion for Procurement or Research, Development, Test and 
Evaluation accounts; up to $2.5 billion for Military Personnel 
accounts; and up to $5.6 billion for Operation and Maintenance 
accounts as well as Military Construction or Working Capital 
Funds.
    The committee recommends an overall level of $10.0 billion 
in budget authority.

                    Summary Table of Authorizations

    The following table provides a summary of the amounts that 
would be authorized for appropriation in the bill.

         SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR H.R. 4547
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                         BA implication
            Account title               FY 2003 HASC        of House
                                       recommendation    recommendation
------------------------------------------------------------------------
             PROCUREMENT

Procurement of Ammunition, Army:
    105mm HE Recapitalization.......             5,000             5,000
    155mm M795......................            20,000            20,000
    MACS............................            20,000            20,000
    Fuze M762.......................             5,000             5,000
    105mm Illumination Round........             5,000             5,000
    120mm Mortar High Explosive/                10,000            10,000
     Multi-Option Fuze..............
    25mm M919.......................             9,000             9,000
    5.56mm, All Types (Training                 15,000            15,000
     Ammunition)....................
    .50 Cal, All Types (Training                 5,000             5,000
     Ammunition)....................
Other Procurement, Army:
    Heavy Armored Sedan (SUV).......            10,700            10,700
Aircraft Procurement, Navy:
    KC-130J.........................            83,500            83,500
    C41 (E-P3 SIGINT Enhancements)..            22,500            22,500
Weapons Procurement, Navy:
    AGM 114M Hellfire Missiles......            35,000            35,000
    TOMAHAWK........................           598,000           598,000
Procurement of Ammunition, Navy and
 Marine Corps:
    Bomb Bodies.....................            25,000            25,000
    Laser Guided Bombs..............            61,300            61,300
    JDAM............................            34,300            34,300
Procurement, Marine Corps:                      25,200            24,200
 C41(Intell/Comm Equipment).........
Aircraft Procurement, Air Force:
    Global Hawk.....................            65,000            65,000
    Predator........................            60,550            60,550
    C-135 Reengining................            89,000            89,000
Procurement of Ammunition, Air
 Force:
    Bomb Bodies.....................            40,000            40,000
    Laser Guided Bombs..............            11,900            11,900
    JDAM............................           106,000           106,000
Other Procurement, Air Force: C41               10,800            10,800
 (Integrated Broadcast Service).....
Procurement, Defense-wide:
    C41 (Bandwidth).................             7,400             7,400
    C41 (Global Information Grid)...           517,000           517,000
    Chem/Bio (Joint Biological                  30,000            30,000
     Defense Program)...............
    Chem/Bio (Contamination                     60,014            60,014
     Avoidance).....................
    SOF Ordance Acquisition.........             6,000             6,000
Classified Activities...............         1,618,874         1,618,874
                                     -----------------------------------
      Total Procurement.............         3,612,038         3,612,038
                                     ===================================
   RESEARCH, DEVELOPMENT, TEST AND
             EVALUATION

Research, Development, Test and                390,100           390,100
 Evaluation, Defense-wide: Chemical/
 Biological Defense.................
Classified Activities...............            60,200            60,200
                                     -----------------------------------
      Total Research, Development,             450,300           450,300
       Test and Evaluation..........
                                     ===================================
    OPERATION AND MAINTENANCE AND
        WORKING CAPITAL FUNDS

Operation and Maintenance, Army:                14,270            14,270
 Contract Linguists.................
Operation and Maintenance, Navy: C41             5,250             5,250
Operation and Maintenance, Marine               11,400            11,400
 Corps: C41.........................
Operation and Maintenance, Air                 517,280           517,280
 Force: Operation Noble Eagle Combat
 Air Patrol.........................
Operation and Maintenance, Defense-              5,000             5,000
 wide: Counter-terrorism Joint Task
 Force..............................
Classified Activities...............           301,600           301,600
                                     -----------------------------------
      Total Operation and                      854,800           854,800
       Maintenance..................
                                     ===================================
         MILITARY PERSONNEL

Military Personnel:
    War Pays........................           320,800           320,800
    War Pay Increases...............           182,300           182,300
                                     -----------------------------------
      Total Military Personnel......           503,100           503,100
                                     ===================================
        MILITARY CONSTRUCTION

Military Construction, Army: Qatar..             8,600             8,600
Military Construction, Navy:
    Naval Station, Guantanamo Bay,               4,280             4,280
     Cuba...........................
    Naval Station, Rota, Spain......            18,700            18,700
Military Construction, Air Force:                3,500             3,500
 Bolling Air Force Base, District of
 Columbia...........................
                                     -----------------------------------
      Total Military Construction...            35,080            35,080
                                     ===================================
     WAR ON TERRORISM EQUIPMENT
  REPLACEMENT AND ENHANCEMENT FUND

      Total War on Terrorism                 1,000,000         1,000,000
       Equipment Enhancement and
       Replacement Fund.............
                                     ===================================
  WAR ON TERRORISM OPERATIONS FUND

      Total War on Terrorism                 3,544,682         3,544,682
       Operations Fund..............
                                     ===================================
      Total Department of Defense           10,000,000        10,000,000
       Military (051)...............
------------------------------------------------------------------------

                         LEGISLATIVE PROVISIONS

Section 1--Short Title; Table of Contents

    This section provides that this Act may be cited as the 
``Cost of War Against Terrorism Authorization Act of 2002.''

Section 2--Amounts Authorized for the War on Terrorism

    This section would authorize $10 billion for the conduct of 
operations in continuation of the war on terrorism. This 
section further provides that this authorization is in 
accordance with the Congressional Joint Resolution entitled 
``Authorization for Use of Military Force'' (Public Law 107-40; 
50 U.S.C. 1541 note). In pertinent part, this Joint Resolution 
authorized the President of the United States ``to use all 
necessary and appropriate force against those nations, 
organizations, or persons he determines planned, authorized, 
committed, or aided the terrorists attacks on September 11, 
2001 * * * ''

Section 3--Additional Authorizations

    This section provides that the funds authorized to be 
appropriated in this Act would be 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 in any other 
Act.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS


                       ITEMS OF SPECIAL INTEREST

Improving Intelligence Collection, Analysis, and Dissemination For and 
        In the Military

    The committee notes that timely collection, analysis, and 
dissemination of intelligence to the warfighter are essential 
to winning the global war on terrorism. The armed forces must 
be able to determine the plans and intentions of our enemies, 
whether they are nations, groups or individuals. Human source 
intelligence, combined with other sources, often provides the 
key insight, particularly when combating terrorism.
    Given the new threats the United States faces, the 
committee strongly urges the Department of Defense to increase 
its emphasis on human source intelligence collection and 
analysis. This must include additional personnel assigned to 
human source intelligence, improving both their linguistic 
skills and regional expertise, and establishing a career path 
that incentivizes retention of the best. These capabilities 
take time to develop, but programs designed to improve all 
aspects of human source intelligence will greatly enhance our 
ability to combat the new array of threats that face our 
nation.

Military Construction for Units Activated To Support the War on 
        Terrorism

    The committee is aware that a number of military units have 
been activated in direct response to the September 11, 2001, 
attacks and the ongoing War on Terrorism. Some of these units, 
such as the 4th Marine Expeditionary Brigade (Anti-Terrorism), 
are expected to be permanent additions to the force structure 
of their respective military service. The committee has learned 
that many of these units are housed in temporary, inefficient 
workspaces that detract from the unit's ability to perform its 
primary mission. The committee is concerned that the 
secretaries of the military departments have not provided the 
necessary military construction and infrastructure to support 
the new unit activations, despite their direct connection to 
current operations. Accordingly, the committee urges the 
secretaries of the military departments to complete planning 
and design activities for any new facilities required to 
support these units and to advance these projects' priority in 
their military department's Future Years Defense Plan.

Special Operations Command Training

    The committee recognizes that training is an integral part 
of readiness and is necessary to successfully prosecute the war 
on terrorism. The committee also recognizes that military 
aircraft normally utilized to accomplish certain types of 
specialized training are sometimes unavailable. Due to the 
recent unavailability of military aircraft, the United States 
Special Operations Command (USSOCOM) has been contracting with 
civilian aviation companies to satisfy readiness requirements, 
primarily airborne operations proficiency. The Department of 
Defense Air Transportation Quality and Safety Review Program 
(DOD Directive 4500.53) was recently revised to include 
additional administrative requirements for civilian aviation 
providers. The committee understands that these new 
administrative requirements may be impacting USSOCOMs ability 
to maintain airborne operations proficiency. The committee 
urges the Secretary of Defense to reevaluate DDOD 4500.53 to 
address USSOCOMs specific readiness requirements.

                         LEGISLATIVE PROVISIONS

            Subtitle A--Authorizations to Transfer Accounts


Section 101--War on Terrorism Operations Fund

    This section would authorize a fiscal year 2003 
appropriation of $3.54 billion for the Department of Defense to 
be used only for operations Operation Noble Eagle and Operation 
Enduring Freedom, and permit the Secretary of Defense to 
transfer the authorized funding, in amounts determined at the 
Secretary's discretion, to any fiscal year 2003 military 
personnel or operation and maintenance account of the 
department.

Section 102--War on Terrorism Equipment Replacement and Enhancement 
        Fund

    The committee continues to be deeply concerned over the 
adequacy of the current Department of Defense modernization 
program, particularly as it pertains to critical military 
capabilities essential for the successful prosecution of the 
war on terrorism. Thecommittee believes that providing the 
necessary resources to accomplish this task involves more than merely 
paying the incremental operation and military personnel costs, but also 
should include appropriate enhancement of combat equipment and 
addressing chronic shortfalls in military capabilities that are 
directly and materially reducing the ability of the military services 
to prosecute their mission in support of this wide-ranging conflict.
    The Administration's July 3, 2002 budget amendment includes 
only $200 million for the acquisition of selected ammunition 
out of the overall total of $10 billion. The committee is 
disappointed that the Administration has largely excluded 
military equipment acquisition from its proposal. This approach 
results in an imbalanced and incomplete package that does not 
properly finance the range of war-related needs and activities 
of the Department of Defense.
    Accordingly, the committee recommends a provision (section 
102) that would establish an Equipment Replacement and 
Enhancement Fund. This fund would grant the Secretary of 
Defense both the flexibility and the resources necessary to: 
(1) conduct emergency replacement of equipment and munitions 
lost or expended as result of Operation Noble Eagle or 
Operation Enduring Freedom or (2) enhance critical military 
capabilities necessary to carry out the war on terrorism. This 
fund would grant the Secretary significant flexibility in 
executing these funds within the established parameters. The 
committee recommends authorization of $1 billion for this fund.
    The committee further believes that the Secretary should 
give priority consideration to the following war-related 
equipment acquisition priorities identified by the military 
service chiefs in their unfunded requirements lists in 
determining how to allocate the funds provided by this fund:
          (1) Replacement of Global Hawk unmanned aerial 
        vehicles lost during operations;
          (2) Replacement of munitions;
          (3) Replacement of vehicles;
          (4) Replacement of aircraft engines and spare parts;
          (5) Force protection equipment and material;
          (6) Special operations aircraft spares and equipment;
          (7) Air expeditionary equipment and material;
          (8) Combat search and air rescue vehicle upgrades; 
        and
          (9) Aircraft self-protection and countermeasures 
        equipment.

Section 103--General Provisions Applicable to Transfers

    This section would clarify that the funds transferred from 
the funds established by sections 101 and 102 shall be merged 
with the accounts to which the funds are transferred and shall 
be treated in the same fashion as the funds in the receiving 
accounts. Further, this section would require that the 
Department provide the Congressional defense committees with 15 
days advance notice prior to a transfer from these funds. The 
Committee strongly urges the Department to improve the fidelity 
of the information it provides for war related expenditures. 
While it is somewhat understandable that the Department cannot 
entirely predict the precise nature of future wartime 
expenditures, the Committee believes no such consideration 
exists for providing detailed budget execution data once the 
funds are obligated. Finally, this section would specify that 
any transfers resulting from the funds established by sections 
101 and 102 would be in addition to previously established 
general transfer authority provided to the Department.

            Subtitle B--Authorizations to Specified Accounts


Section 111--Army Procurement

    This section would authorize an additional $104.7 million 
for fiscal year 2003 Army procurement as contained in the 
amended budget request.

Section 112--Navy and Marine Corps Procurement

    This section would authorize an additional $884.8 million 
for fiscal year 2003 Navy and Marine Corps procurement as 
contained in the amended budget request.

Section 113--Air Force Procurement

    This section would authorize an additional $383.25 million 
for fiscal year 2003 Air Force procurement as contained in the 
amended budget request.

Section 114--Defense-Wide Activities Procurement

    This section would authorize an additional $620.414 million 
for fiscal year 2003 Defense-Wide Activities procurement as 
contained in the amended budget request.

Section 115--Research, Development, Test and Evaluation, Defense-Wide

    This section would authorize an additional $390.1 million 
for fiscal year 2003 Research, Development, Test and Evaluation 
Defense-Wide as contained in the amended budget request.

Section 116--Classified Activities

    This section would authorize a total of $1,980,674 million 
for fiscal year 2003 classified programs as contained in the 
amended budget request.

Section 117--Global Information Grid System

    This section would withhold authorization of appropriations 
for the Global Information Grid (GIG) until the Secretary of 
Defense certifies that the end-to-end GIG system is secure and 
protected from unauthorized access to the information 
transmitted through the system.

Section 118--Operation and Maintenance

    This section would authorize an additional $553.2 million 
for fiscal year 2003 operation and maintenance programs. 
Specifically, this section would authorize $14,270,000 for 
contract linguists for the Army, budget activity three, Basic 
Skills/Advanced Training; $5,252,500 for security, 
communications and information operations (JDIS/LOCE/CENTRIX) 
for the Navy; $11,400,000 for security, communications and 
information operations for the Marine Corps; $517,285,000 for 
combat air patrol operations for the Air Force; and $5,000,000 
for support to law enforcement agencies that conduct counter-
drug activities, to conduct counter-terrorism activities. The 
budget request included all of these accounts in the Defense 
Emergency Response Fund (DERF), which were all subsequently 
transferred by the committee to their respective service and 
budget activity.
    Concerning the combat air patrol account for the Air Force, 
the budget request included $1.2 billion for these operations. 
In previous committee action (H.R. 4546), this account was 
reduced to $900.0 million due to changes in the anticipated 
requirements to support combat air patrol operations. The 
committee understands that the current requirement is now 
$522.0 million for fiscal year 2003. The committee recommends 
$517.285 million for this activity.

Section 119--Military Personnel

    This section would authorize a total of $503.1 million for 
fiscal year 2003 military personnel accounts.

            Subtitle C--Military Construction Authorizations


Section 131--Authorized Military Construction and Land Acquisition 
        Projects

    This section contains a list of authorized Army, Navy, and 
Air Force construction projects for fiscal year 2003 as 
contained in the amended budget request.

             TITLE II--WARTIME PAY AND ALLOWANCE INCREASES


                                OVERVIEW

    The war on terrorism highlighted the need to increase a 
series of special pays, allowances, and benefits of particular 
importance when troops are deployed under combat conditions. 
Inflation has eroded the value of these elements of the 
compensation system over time and has diminished their 
effectiveness as incentives for individual members to perform 
the duties involved and remain in the service.

                         LEGISLATIVE PROVISIONS

Section 201--Increase in Rate for Family Separation Allowance

    This section would increase the family separation allowance 
from $100 per month to $125 per month.

Section 202--Increase in Rates for Various Hazardous Duty Incentive 
        Pays

    This section would increase hazardous duty incentive pays 
from their current rates by $50 per month.

Section 203--Increase in Rate for Diving Duty Special Pay

    This section would increase diving duty special pay for 
officers from $240 per month to $290 per month, and for 
enlisted members from $340 per month to $390 per month.

Section 204--Increase in Rate for Imminent Danger Pay

    This section would increase the imminent danger pay from 
$150 per month to $250 per month.

Section 205--Increase in Rate for Career Enlisted Flyer Incentive Pay

    This section would increase career enlisted flyer pay by 
$50 per month for each category of recipient based on years of 
service completed.

Section 206--Increase in Amount of Death Gratuity

    This section would increase the death gratuity paid to 
service members who die while on active duty from $6,000 to 
$12,000.

Section 207--Effective Date

    This section would establish an effective date for sections 
201 through 205 as the later of the first day of the first 
month beginning on or after the date of enactment of this act 
or October 1, 2002. This section would also establish an 
effective date for section 206 as the later of the date of 
enactment of this act or October 1, 2002.

                    TITLE III--ADDITIONAL PROVISIONS


                         LEGISLATIVE PROVISIONS

Section 301--Establishment of at Least One Weapons of Mass Destruction 
        Civil Support Team in Each State

    This section would authorize the funding to establish at 
least one Weapons of Mass Destruction Civil Support Team in 
each state, the District of Columbia, Puerto Rico, the Virgin 
Islands and Guam, and would require the Secretary of Defense to 
establish the necessary 23 additional teams not later than 
September 30, 2003.

Section 302--Authority for Joint Task Forces To Provide Support to Law 
        Enforcement Agencies Conducting Counter-Terrorism Activities

    This section would authorize those joint task forces (JTFs) 
of the Department of Defense that provide support to law 
enforcement agencies conducting counter-drug activities, namely 
JTFs 4, 5, and 6, to provide similar support to law enforcement 
agencies conducting counter-terrorism activities. This section 
would also authorize $5 million to provide this discretionary 
support. Any support provided under this section must be 
consistent with all applicable laws and regulations, and the 
support may only be provided in the geographic area of 
responsibility of the joint task force. The committee expects 
that requests for JTF support to law enforcement agencies for 
counter-terrorism activities will follow the normal request and 
decision procedures established by the Department of Defense 
and its subordinate commands, and that this support will entail 
no more than the type of assistance already provided to law 
enforcement agencies by the JTFs for counter-drug operations, 
such as aviation reconnaissance, intelligence analysis, and 
basic skills training.

Section 303--Sense of Congress on Assistance to First Responders

    This section would express the sense of Congress that, to 
the extent deemed appropriate, the Secretary of Defense should 
provide funding to assist, train, and equip local fire and 
police departments that would be the first responders to a 
domestic terrorist incident associated with the war on 
terrorism.

                           Departmental Data

    The White House submitted a request for an FY 2003 budget 
amendment for the Department of Defense, as illustrated by the 
correspondence set out below:

                 DEPARTMENT OF DEFENSE BUDGET AMENDMENT

                                           The White House,
                                      Washington, DC, July 3, 2002.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I ask the Congress to consider the 
enclosed request for an FY 2003 budget amendment for the 
Department of Defense. This package reflects my decision to 
request, by program, $10.0 billion in the Defense Emergency 
Response Fund for expenses relating to the war against 
terrorism. The budget totals proposed in my FY 2003 Budget 
would not be affected by this amendment.
    This request is vital to protecting U.S. national security 
options. An essential component in the success of the global 
war on terrorism is sustaining our investment in intelligence 
capabilities. This request will improve collection, analysis, 
coordination, and execution of intelligence priorities and 
plans, as we expand into new theaters of operations and build 
new relationships.
    This reserve will also enable the Nation to meet developing 
operational requirements of a fluid war environment. Under any 
scenario, needs associated with the operation and mobilization 
of guard and reserve units and operations and maintenance costs 
to support
            Sincerely,
                                            George W. Bush,
                                                         President.
    Enclosures.

                           Committee Position

    On July 18, 2002 the Committee on Armed Services, a quorum 
being present, approved H.R. 4547, as amended, by a vote of 50-
1.

                              Fiscal Data

    Pursuant to clause 3(d) rule XIII of the Rules of the House 
of Representatives, the committee attempted to ascertain annual 
outlays resulting from the bill during fiscal year 2003 and the 
following four years. The results of such efforts are reflected 
in the cost estimate prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974, which is included in this 
report pursuant to clause 3(c)(3).

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    In compliance with clause 3(c)(3) of rule XIII of the House 
of Representatives, the cost estimate prepared by the 
Congressional Budget Office and submitted pursuant to section 
402 of the Congressional Budget Act of 1974 is as follows:

                                                     July 22, 2002.
Hon. Bob Stump,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4547, the Cost of 
War Against Terrorism Authorization Act of 2002.
    The CBO staff contact is Kent Christensen. If you wish 
further details on this estimate, we will be pleased to provide 
them.
            Sincerely,
                                                    Dan L. Crippen.

H.R. 4547--Cost of War Against Terrorism Authorization Act of 2002

    Summary: H.R. 4547 would authorize appropriations totaling 
$10 billion for fiscal year 2003 for the Department of Defense 
(DoD) for the conduct of operations in continuation of the war 
on terrorism. It also contains several provisions that would 
affect military compensation and that would establish 
additional teams within the Army National Guard to provide 
support to civil authorities in the event of an attack 
involving a weapon of mass destruction. CBO estimates that 
appropriation of the authorized amounts for 2003 would result 
in additional outlays of $9.9 billion over the 2003-2007 
period. Because it would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply.
    The bill also contains provisions that would raise the 
costs of discretionary defense programs over the 2004-2007 
period. CBO estimates that those provisions would require 
additional appropriations of $965 million over those four 
years.
    H.R. 4547 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4547 is shown in Table 1. The costs of 
this legislation fall within budget function 050 (national 
defense).

      TABLE 1.--BUDGETARY IMPACT OF H.R. 4547, THE COST OF WAR AGAINST TERRORISM AUTHORIZATION ACT OF 2002
----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2002      2003      2004      2005      2006      2007
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law for emergency response
 activities:
    Budget authority \1\............................     3,396         0         0         0         0         0
    Estimated outlays \2\...........................    10,674     3,259     1,340       371       134        67
Proposed changes:
    Authorization level.............................         0    10,000         0         0         0         0
    Estimated outlays...............................         0     6,162     2,445       954       260        82
Spending under H.R. 4547 for emergency response
 activities:
    Authorization level \1\.........................     3,396    10,000         0         0         0         0
    Estimated outlays \2\...........................    10,674     9,421     3,785     1,325       394       149
----------------------------------------------------------------------------------------------------------------
Note.--This table excludes estimated authorizations of appropriations for years after 2003. (Those additional
  authorizations are shown in Table 3.)

\1\ The 2002 level is the amount appropriated to the Defense Emergency Response Fund to cover costs of the war;
  that appropriation is contained in the Emergency Supplemental Act, 2002 (Division B of Public Law 107-117).
\2\ These figures include spending from emergency response appropriations in 2001 and 2002. They do not include
  the effect of pending appropriations for DoD in H.R. 4775, the 2002 Supplemental Appropriations Act for
  Further Recovery From and Response To Terrorist Attacks on the United States, as passed by the House. If
  enacted, those appropriations would increase budget authority by $15,799 million in 2002 and outlays by about
  $15,710 million over the 2002-2007 period.

Basis of Estimate

    The bill would specifically authorize appropriations 
totaling $10 billion in 2003 (see Table 2). The estimate 
assumes that the amounts authorized for 2003 will be 
appropriated near the beginning of fiscal year 2003. Estimated 
outlays are based on historical spending patterns for similar 
activities.

                                 TABLE 2.--SPECIFIC AUTHORIZATIONS IN H.R. 4547
----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                           Category                            -------------------------------------------------
                                                                  2003      2004      2005      2006      2007
----------------------------------------------------------------------------------------------------------------
Military personnel:
    Authorization level.......................................       503         0         0         0         0
    Estimated outlays.........................................       476        24         2         1         0
Operation and maintenance:
    Authorization level.......................................       855         0         0         0         0
    Estimated outlays.........................................       634       175        32         8         2
Procurement:
    Authorization level.......................................     3,612         0         0         0         0
    Estimated outlays.........................................     1,623     1,173       573       150        46
Research, Development, Test, and Evaluation:
    Authorization level.......................................       450         0         0         0         0
    Estimated outlays.........................................       232       180        31         6         1
Military Construction:
    Authorization level.......................................        35         0         0         0         0
    Estimated outlays.........................................         3        16        10         3         1
War on terrorism operations fund:
    Authorization level.......................................     3,545         0         0         0         0
    Estimated outlays.........................................     2,891       500       106        25         9
War on terrorism equipment replacement and enhancement fund:
    Authorization level.......................................     1,000         0         0         0         0
    Estimated outlays.........................................       303       377       200        67        23
Total:
    Authorization level.......................................    10,000         0         0         0         0
    Estimated outlays.........................................     6,162     2,445       954       260        82
----------------------------------------------------------------------------------------------------------------

    The bill also contains provisions that would affect various 
costs, mostly for personnel, that would be covered by the 
fiscal year 2003 authorization and by authorizations in future 
years. Table 3 contains estimates of those amounts. In addition 
to the costs covered by the authorizations in the bill for 
2003, these provisions would raise estimated costs by $965 
million over the 2004-2007 period. The following sections 
describe the provisions identified in Table 3 and provide 
information about CBO's cost estimates for those provisions.

            TABLE 3.--ESTIMATED AUTHORIZATIONS OF APPROPRIATIONS FOR SELECTED PROVISIONS IN H.R. 4547
----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                              Category                              --------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                         COMPENSATION AND BENEFITS (DoD)

Imminent danger pay................................................       84       84       84       84       84
Other hazardous duty incentive pay.................................       38       38       38       38       38
Family separation allowance........................................       28       28       28       28       28
Crew members flight pay............................................       10       10       10       10       10
Death gratuity.....................................................        8        8        8        8        8
Career enlisted flyer incentive pay................................        7        7        7        7        7
Diving duty special pay............................................        4        4        4        4        4
Hazardous duty pay for parachute jumping...........................        1        1        1        1        1

                          OTHER PROVISIONS

Weapons of mass destruction civil support teams....................       91       59       60       62       64

                   TOTAL ESTIMATED AUTHORIZATIONS

Estimated authorization level......................................      271      239      240      242      244
----------------------------------------------------------------------------------------------------------------
Note.--For every item in this table, the 2003 levels are included in the amounts specifically authorized to be
  appropriated in the bill. Those amounts are shown in Table 2. Amounts shown in this table for 2004 through
  2007 are not included in Table 1.

            Compensation and benefits
    H.R. 4547 contains several provisions that would increase 
certain pay and allowances for military personnel or their 
survivors that are linked to the special circumstances of war. 
For this estimate, CBO assumes that the number of 
servicemembers projected by DoD to receive these benefits in 
2003 will remain the same for the 2004-2007 period. CBO notes 
that the number of servicemembers receiving these pays and 
benefits could increase or decrease depending on the level of 
U.S. military participation in the ongoing war on terrorism and 
future conflicts. Based on data provided by DoD, CBO estimates 
that the costs of these provisions would be as follows:
     Increasing imminent danger pay by $100 a month 
would cost $84 million a year and about $420 million over the 
2003-2007 period.
     Increasing other hazardous duty pay, including pay 
for demolition work and flight deck duty, by $50 a month would 
cost $38 million in 2003 and $190 million over the five-year 
period.
     Increasing the family separation allowance by $25 
a month would cost $28 million in 2003 and about $140 million 
over the 2003-2007 period.
     Increasing flight pay for crew members by $50 a 
month would cost $10 million in 2003 and $50 million over the 
five-year period.
     Increasing the death gratuity given to survivors 
of those killed on duty by $6,000 would cost $8 million in 2003 
and $40 million over the 2003-2007 period.
     Increasing career enlisted flying incentive pay by 
$50 a month would cost $7 million in 2003 and about $35 million 
over the five-year period.
     Increasing diving pay by $50 a month would cost $4 
million in 2003 and about $20 million over the 2003-2007 
period.
     Increasing hazardous duty pay for free-fall 
parachute jumping by $50 a month would cost $1 million in 2003 
and $5 million over the 2003-2007 period.
            Weapons of Mass Destruction Civil Support Teams
    Section 301 would establish at least one Weapons of Mass 
Destruction Civil Support Team (WMD-CST) in each of the 50 
states, the Virgin Islands, Guam, Puerto Rico, and the District 
of Columbia by September 30, 2003. A WMD-CST is an Army 
National Guard unit made up of 22 servicemembers who are 
specially trained to provide support to civil authorities in 
the event of an attack involving a weapon of mass destruction. 
DoD has created 32 of these teams under authorities provided in 
current law, two of which are located in the state of 
California. Therefore, CBO estimates that the department would 
need to stand up a total of 23 new teams under this provision.
    Based on data provided by DoD, CBO estimates that it would 
cost about $2.5 million in 2003 to train and operate each new 
WMD-CST. In addition, each new team would incur start-up cost 
in 2003 to purchase new equipment, such as mobile laboratories, 
which CBO estimates would cost about $1.5 million a team. After 
adjusting for inflation, CBO estimates that the cost to 
establish and operate the 23 new WMD-CSTs would total about $91 
million in 2003 and $336 million over the 2003-2007 period.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4546 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: defense outlays: Kent 
Christensen; military personnel: Michelle Patterson; operations 
and support: Matthew Schmit; impact on state, local, and tribal 
Governments: Greg Waring; impact on the private sector: Sally 
S. Maxwell.
    Estimate approved by: Peter H. Fontaine; Deputy Assistant 
Director for Budget Analysis.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the committee generally concurs with 
the estimates as contained in the report of the Congressional 
Budget Office.

                           Oversight Findings

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, this legislation results from 
hearings and other oversight activities conducted by the 
committee pursuant to clause 2(b)(1) of rule X.
    With respect to clause 3(c)(2) of rule XIII of the Rules of 
the House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974, this legislation does not 
include any new spending or credit authority, nor does it 
provide for any increase or decrease in tax revenues or 
expenditures. The bill does, however, authorize appropriations. 
Other fiscal features of this legislation are addressed in the 
estimate prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974.
    With respect to clause 3(c)(4) of rule XIII of the Rules of 
the House of Representatives, the committee has not received a 
report from the Committee on Government Reform and Oversight 
pertaining to the subject matter of H.R. 4547.

                General Performance Goals and Objectives

    With respect to clause 3(c)(4) of rule XIII of the Rules of 
the House of Representatives, this legislation would address 
several general and outcome-related performance goals and 
objectives. The general goal and objective of this legislation 
is to authorize funds for activities necessary for the 
prosecution of the war on terrorism.

                   Constitutional Authority Statement

    Pursuant to rule XIII, clause 3 (d)(1) of the Rules of the 
House of Representatives, the committee finds the authority for 
this legislation in Article I, Section 8 of the United States 
Constitution.

                     Statement of Federal Mandates

    Pursuant to section 423 of Public Law 104-4, this 
legislation contains no federal mandates with respect to state, 
local, and tribal governments, nor with respect to the private 
sector. Similarly, the bill provides no federal 
intergovernmental mandates.

                              Record Votes

    In accordance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, record and voice votes were taken 
with respect to the committee's consideration of H.R. 4547. The 
record of these votes is attached to this report.
    The committee ordered H.R. 4547 reported to the House with 
a favorable recommendation by a vote of 50-1, a quorum being 
present.
[GRAPHIC] [TIFF OMITTED] TR603.001

[GRAPHIC] [TIFF OMITTED] TR603.002

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 37, UNITED STATES CODE

           *       *       *       *       *       *       *



CHAPTER 5--SPECIAL AND INCENTIVE PAYS

           *       *       *       *       *       *       *



Sec. 301. Incentive pay: hazardous duty

    (a) Subject to regulations prescribed by the President, a 
member of a uniformed service who is entitled to basic pay is 
also entitled to incentive pay, in the amount set forth in 
subsection (b) or (c), for the performance of hazardous duty 
required by orders. In this section, the term, ``hazardous 
duty'' means duty--
          (1) * * *

           *       *       *       *       *       *       *

          (10) involving (A) the servicing of aircraft or 
        missiles with highly toxic fuels or propellants, (B) 
        the testing of aircraft or missile systems (or 
        components of such systems) during which highly toxic 
        fuels or propellants are used, or (C) the handling of 
        chemical munitions (or components of such munitions); 
        or
          (11) involving regular participation as a member of a 
        team conducting visit, board, search, and seizure 
        operations aboard vessels in support of maritime 
        interdiction operations[; or].
          [(12) involving frequent and regular participation in 
        aerial flight by a member who is serving as an air 
        weapons controller crew member (as defined by the 
        Secretary concerned) aboard an airborne warning and 
        control system aircraft (as designated by such 
        Secretary) and who is not entitled to incentive pay 
        under section 301a of this title.]
  (b) For the performance of the hazardous duty described in 
clause (1) of subsection (a), a member is entitled to monthly 
incentive pay as follows:

[Pay grade:                                                 Monthly Rate
    O-10.......................................................... $150 
    O-9...........................................................  150 
    O-8...........................................................  150 
    O-7...........................................................  150 
    O-6...........................................................  250 
    O-5...........................................................  250 
    O-4...........................................................  225 
    O-3...........................................................  175 
    O-2...........................................................  150 
    O-1...........................................................  150 
    W-5...........................................................  250 
    W-4...........................................................  250 
    W-3...........................................................  175 
    W-2...........................................................  150 
    W-1...........................................................  150 
    E-9...........................................................  240 
    E-8...........................................................  240 
    E-7...........................................................  240 
    E-6...........................................................  215 
    E-5...........................................................  190 
    E-4...........................................................  165 
    E-3...........................................................  150 
    E-2...........................................................  150 
    E-1...........................................................  150]

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 

  (c)[(1)] For the performance of hazardous duty described in 
clauses (2) through (11) of subsection (a), a member is 
entitled to [$150] $200 a month. However, a member performing 
hazardous duty described in clause (3) of that subsection who 
also performs as an essential part of such duty parachute 
jumping in military free fall operations involving parachute 
deployment by the jumper without the use of a static line is 
entitled to [$225] $275 a month.
  [(2)(A) For the performance of hazardous duty described in 
clause (12) of subsection (a), a member is entitled to monthly 
incentive pay based upon his years of service as an air weapons 
controller as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Years of service as an air weapons controller
                              ----------------------------------------------------------------------------------
          [Pay grade             2 or
                                 less     Over 2    Over 3    Over 4    Over 6    Over 8    Over 10
----------------------------------------------------------------------------------------------------------------
O-7 and above................      $200      $200      $200      $200      $200      $200      $200
O-6..........................       225       250       300       325       350       350       350
O-5..........................       200       250       300       325       350       350       350
O-4..........................       175       225       275       300       350       350       350
O-3..........................       150       156       188       206       350       350       350
O-2..........................       150       156       188       206       250       300       300
O-1..........................       150       156       188       206       250       250       250
W-4..........................       200       225       275       300       325       325       325
W-3..........................       175       225       275       300       325       325       325
W-2..........................       150       200       250       275       325       325       325
W-1..........................       150       150       150       175       325       325       325
E-9..........................       200       225       250       275       300       300       300
E-8..........................       200       225       250       275       300       300       300
E-7..........................       175       200       225       250       275       275       275
E-6..........................       156       175       200       225       250       250       250
E-5..........................       150       156       175       188       200       200       200
E-4 and below................       150       156       175       188       200       200       200
                              ----------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                             Years of service as an air weapons controller--Continued
      [Pay grade--Continued      -------------------------------------------------------------------------------
                                   Over 12   Over 14   Over 16   Over 18   Over 20   Over 22   Over 24   Over 25
----------------------------------------------------------------------------------------------------------------
O-7 and above...................      $200      $200      $200      $200      $200      $200      $200      $150
O-6.............................       350       350       350       350       300       250       250       225
O-5.............................       350       350       350       350       300       250       250       225
O-4.............................       350       350       350       350       300       250       250       225
O-3.............................       350       350       350       300       275       250       225       200
O-2.............................       300       300       300       275       245       210       200       180
O-1.............................       250       250       250       245       210       200       180       150
W-4.............................       325       325       325       325       276       250       225       200
W-3.............................       325       325       325       325       325       250       225       200
W-2.............................       325       325       325       325       275       250       225       200
W-1.............................       325       325       325       325       275       250       225       200
E-9.............................       300       300       300       300       275       230       200       200
E-8.............................       300       300       300       300       265       230       200       200
E-7.............................       300       300       300       300       265       230       200       200
E-6.............................       300       300       300       300       265       230       200       200
E-5.............................       250       250       250       250       225       200       175       150
E-4 and below...................       200       200       200       200       175       150       150       150
                                 -------------------------------------------------------------------------------

  [(B) For purposes of this paragraph, the years of service of 
a member as an air weapons controller shall be computed, under 
regulations prescribed by the Secretary concerned, from the 
date the member begins training leading to a designation as an 
air weapons controller, but there shall be excluded from such 
computation any period of more than 90 days during which the 
member performs primary duties other than as an air weapons 
controller.]
          * * * * * * *

Sec. 304. Special pay: diving duty

  (a) * * *
  (b) Special pay payable under subsection (a) shall be paid at 
a rate of not more than [$240] $290 a month, in the case of an 
officer, and at a rate of not more than [$340] $390 a month, in 
the case of an enlisted member.
          * * * * * * *

Sec. 310. Special pay: duty subject to hostile fire or imminent danger

    (a) Under regulations prescribed by the Secretary of 
Defense, a member of a uniformed service may be paid special 
pay at the rate of [$150] $250 for any month in which he was 
entitled to basic pay and in which he--
          (1) * * *
          * * * * * * *

Sec. 320. Incentive pay: career enlisted flyers

  (a) * * *
          * * * * * * *
  (d) Monthly Maximum Rates.--The monthly rate of any career 
enlisted flyer incentive pay paid under this section to a 
member on active duty shall be prescribed by the Secretary 
concerned, but may not exceed the following:

[Years of aviation service                                  Monthly rate
    4 or less.................................................   $150   
    Over 4....................................................   $225   
    Over 8....................................................   $350   
    Over 14...................................................    $400.]

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

CHAPTER 7--ALLOWANCES

           *       *       *       *       *       *       *


Sec. 427. Family separation allowance

  (a) Entitlement to Allowance.--(1) In addition to any 
allowance or per diem to which he otherwise may be entitled 
under this title a member of a uniformed service with 
dependents is entitled to a monthly allowance equal to [$100] 
$125 if--
          (A) * * *

           *       *       *       *       *       *       *

                              ----------                              


              SECTION 1478 OF TITLE 10, UNITED STATES CODE

Sec. 1478. Death gratuity: amount

  (a) The death gratuity payable under sections 1475 through 
1477 of this title shall be [$6,000] $12,000. For this purpose:
          (1) * * *

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    We appreciate the language that the Committee has included 
in section 2, pertaining to the scope of the authorization in 
this bill.
    Section 2 states that the $10 billion authorized in this 
legislation ``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 in section 2(a) thereof.''
    Section 2(a) of the Use of Force resolution authorizes the 
President ``to use all necessary and appropriate force against 
those nations, organizations, or persons he determines planned, 
authorized, committed, or aided the terrorist attacks that 
occurred on September 11, 2001, or harbored such organizations 
or persons, in order to prevent any future acts of 
international terrorism against the United States by such 
nations, organizations, or persons.''
    Therefore, we conclude that the Committee intends that 
funds authorized in this bill are only to be used for military 
operations against entities responsible for the September 11 
attacks, or entities that harbor those responsible.
    Likewise, we believe funds in this bill cannot be used to 
expand the war on terrorism to other nations, absent evidence 
that a nation was responsible for the 9/11 attacks or is 
harboring those responsible, unless subsequently authorized for 
such a purpose by Congress.

                                   Tom Allen.
                                   Ellen O. Tauscher.
                                   Ike Skelton.
                                   Susan Davis.
                                   Lane Evans.
                                   James Langevin.

                            DISSENTING VIEWS

    The attacks of September 11, 2001 caused significant 
changes throughout our society. For our military services, this 
included increased force protection, greater security, and of 
course the deployment to and prosecution of the War on 
Terrorism in Afghanistan and elsewhere. Sadly, one of the first 
acts of our President was to waive the high deployment overtime 
pay of our servicemen and women who are serving on the front 
lines of our new War. The Navy estimates that the first year 
costs of this pay would equal about 40 cruise missiles. The 
total cost of this overtime pay may only equal about 300 cruise 
missiles, yet this Administration said it would cost too much 
to pay our young men and women what the Congress and the 
previous Administration had promised them.
    In another ironic twist, the War on Terrorism has the 
potential to bring the US military into American life as never 
before. A Northern Command has been created to manage the 
military's activity within the continental United States. 
Operation Noble Eagle saw combat aircraft patrolling the air 
above major metropolitan areas, and our airports are only now 
being relieved of National Guard security forces. Moreover, 
there is a growing concern that the military will be used 
domestically, within our borders, with intelligence and law 
enforcement mandates as some now call for a review of the Posse 
Comitatus Act prohibitions on military activity within our 
country.
    In the 1960s, the lines between illegal intelligence, law 
enforcement and military practices became blurred as Americans 
wanting to make America a better place for all were targeted 
and attacked for political beliefs and political behavior. 
Under the cloak of the Cold War, military intelligence was used 
for domestic purposes to conduct surveillance on civil rights, 
social equity, antiwar, and other activists. In the case of Dr. 
Martin Luther King, Jr., Operation Lantern Spike involved 
military intelligence covertly operating a surveillance 
operation of the civil rights leader up to the time of his 
assassination. In a period of two months, recently declassified 
documents on Operation Lantern Spike indicate that 240 military 
personnel were assigned in the two months of March and April to 
conduct surveillance on Dr. King. The documents further reveal 
that 16,900 man-hours were spent on this assignment. Dr. King 
had done nothing more than call for black suffrage, an end to 
black poverty, and an end to the Vietnam War. Dr. King was the 
lantern of justice for America: spreading light on issues the 
Administration should have been addressing. On April 4, 1968, 
Dr. King's valuable point of light was snuffed out. The 
documents I have submitted for the record outline the illegal 
activities of the FBI and its CoIntelPro program. A 1967 memo 
from J. Edgar Hoover to 22 FBI field offices outlined the 
COINTELPRO program well: ``The purpose of this new 
counterintelligence endeavor is to expose, disrupt, misdirect, 
or otherwise neutralize'' black activist leaders and 
organizations.
    As a result of the Church Committee hearings, we later 
learned that the FBI and other government authorities were 
conducting black bag operations that included illegally 
breaking and entering private homes to collect information on 
individuals. FBI activities included ``bad jacketing,'' or 
falsely accusing individuals of collaboration with the 
authorities. It included the use of paid informants to set up 
on false charges targeted individuals. And it resulted in the 
murder of some individuals. Geronimo Pratt Ji Jaga spent 27 
years in prison for a crime he did not commit. And in 
COINTELPRO documents subsequently released, we learn that Fred 
Hampton was murdered in his bed while his pregnant wife slept 
next to him after a paid informant slipped drugs in his drink.
    Needless to say, such operations were well outside the 
bounds of what normal citizens would believe to be the role of 
the military, and the Senate investigations conducted by 
Senator Frank Church found that to be true. Though the United 
States was fighting the spread of communism in the face of the 
Cold War, the domestic use of intelligence and military assets 
against its own civilians was unfortunately reminiscent of the 
police state built up by the Communists we were fighting.
    We must be certain that the War on Terrorism does not 
threaten our liberties again. Amendments to H.R. 4547, the 
Costs of War Against Terrorism Act, that would increase the 
role of drug interdiction task forces to include counter 
intelligence, and that would increase the military 
intelligence's ability to conduct electronic and financial 
investigations, can be the first steps towards a return to the 
abuses of constitutional rights during the Cold War. Further, 
this bill includes nearly $2 billion in additional funds for 
intelligence accounts. When taken into account with the extra-
judicial incarceration of thousands of immigration violators, 
the transfer of prisoners from law enforcement custody to 
military custody, and the consideration of a ``volunteer'' 
terrorism tip program, America must stand up and protect itself 
from the threat not only of terrorism, but of a police state of 
its own.
    There does exist a need to increase personnel pay accounts, 
replenish operations and maintenance accounts and replace lost 
equipment. The military has an appropriate role in protecting 
the United States from foreign threats, and should remain 
dedicated to preparing for those threats. Domestic uses of the 
military have long been prohibited for good reason, and the 
same should continue to apply to all military functions, 
especially any and all military intelligence and surveillance. 
Congress and the Administration must be increasingly vigilant 
towards the protection of and adherence to our constitutional 
rights and privileges. For, if we win the war on terrorism, but 
create a police state in the process, what have we won?
                                                  Cynthia McKinney.

                                  
