IB
Union Calendar No. 365
107TH CONGRESS
2D SESSION
H. R. 4547
[Report No. 107–603]
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.
IN THE HOUSE OF REPRESENTATIVES
APRIL 23, 2002
Mr. STUMP (for himself and Mr. SKELTON) (both by request) introduced the
following bill; which was referred to the Committee on Armed Services
JULY 23, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 23, 2002]
A BILL
To authorize appropriations for fiscal year 2003 for military
activities of the Department of Defense and to prescribe
military personnel strengths for fiscal year 2003.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Cost
of War Against Terrorism Authorization Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amounts authorized for the War on Terrorism.
Sec. 3. Additional authorizations.
TITLE I—AUTHORIZATION OF APPROPRIATIONS
Subtitle A—Authorizations to Transfer Accounts
Sec. 101. War on Terrorism Operations Fund.
Sec. 102. War on Terrorism Equipment Replacement and Enhancement Fund.
Sec. 103. General provisions applicable to transfers.
Subtitle B—Authorizations to Specified Accounts
Sec. 111. Army procurement.
Sec. 112. Navy and Marine Corps procurement.
Sec. 113. Air Force procurement.
Sec. 114. Defense-wide activities procurement.
Sec. 115. Research, development, test, and evaluation, defense-wide.
Sec. 116. Classified activities.
Sec. 117. Global Information Grid system.
Sec. 118. Operation and maintenance.
Sec. 119. Military personnel.
Subtitle C—Military Construction Authorizations
Sec. 131. Authorized military construction and land acquisition projects.
TITLE II—WARTIME PAY AND ALLOWANCE INCREASES
Sec. 201. Increase in rate for family separation allowance.
Sec. 202. Increase in rates for various hazardous duty incentive pays.
Sec. 203. Increase in rate for diving duty special pay.
Sec. 204. Increase in rate for imminent danger pay.
Sec. 205. Increase in rate for career enlisted flyer incentive pay.
Sec. 206. Increase in amount of death gratuity.
Sec. 207. Effective date.
TITLE III—ADDITIONAL PROVISIONS
Sec. 301. Establishment of at least one Weapons of Mass Destruction Civil Sup-
port 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 TER-
RORISM.
The amounts authorized to be appropriated in this
Act, totalling $10,000,000,000, are authorized for the con-
duct 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 au-
thorizations, 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 fis-
cal 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
as part of Operation Noble Eagle or Operation En-
during 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 TRANS-
FERS.
(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 ac-
count to which transferred.
(b) CONGRESSIONAL
NOTICE-AND-WAIT
REQUIRE-
MENT.—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 trans-
fer authority provided by this subtitle is in addition to any
other transfer authority available to the Secretary of De-
fense 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 fis-
cal 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 appro-
priated 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 tor-
pedoes, $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 fis-
cal 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 fis-
cal year 2003 for the procurement account for Defense-wide
procurement in the amount of $620,414,000.
SEC. 115. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for the research, development, test, and eval-
uation 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 appro-
priated to procurement accounts;
(2) $301,600,000 is authorized to be appro-
priated to operation and maintenance accounts; and
(3) $60,200,000 is authorized to be appropriated
to research, development, test, and evaluation ac-
counts.
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 Sec-
retary of Defense submits to the Committees on Armed Serv-
ices 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 un-
authorized access to the information transmitted through
the system.
SEC. 118. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fis-
cal 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 appro-
priated pursuant to the authorization of appropriations in
subsection (b), the Secretary of the military department
concerned may acquire real property and carry out mili-
tary construction projects for the installations and loca-
tions, and in the amounts, set forth in the following table:
Projects Authorized
Military Department
Installation or location
Amount
Department of the Army .........
Qatar .....................................................
$8,600,000
Department of the Navy ..........
Naval Station, Guantanamo Bay,
Cuba ..................................................
$4,280,000
Naval Station, Rota, Spain ................
$18,700,000
Department of the Air Force ...
Bolling Air Force Base, District of
Columbia ...........................................
$3,500,000
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 sub-
section (a) in the total amount of $35,080,000.
TITLE II—WARTIME PAY AND
ALLOWANCE INCREASES
SEC. 201. INCREASE IN RATE FOR FAMILY SEPARATION AL-
LOWANCE.
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 amend-
ed 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 WITH-
OUT 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 sec-
tion 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 sec-
tion 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 oper-
ational 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 sup-
ported various national events, including the World
Series, the Super Bowl, and the 2002 Winter Olym-
pics.
(3) To enhance homeland security as the Nation
fights the war against terrorism, each State and terri-
tory 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 Rep-
resentatives 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 ter-
ritory.
(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 Sup-
port Teams in each State, territory, and the District
of Columbia.
(b) REQUIREMENT.—From funds authorized to be ap-
propriated in section 101, the Secretary of Defense shall en-
sure 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 estab-
lished under section 12310(c) of title 10, United
States Code, in support of emergency preparedness
programs to prepare for or to respond to any emer-
gency involving the use of a weapon of mass destruc-
tion.
(2) The term ‘‘State’’ includes the District of Co-
lumbia, Puerto Rico, the Virgin Islands, and Guam.
(d) DEADLINE FOR IMPLEMENTATION.—The Secretary
of Defense shall ensure that subsection (b) is fully imple-
mented not later than September 30, 2003.
SEC. 
302. 
AUTHORITY 
FOR 
JOINT 
TASK 
FORCES 
TO
PROVIDE SUPPORT TO LAW ENFORCEMENT
AGENCIES 
CONDUCTING 
COUNTER-TER-
RORISM ACTIVITIES.
(a) AUTHORITY.—A joint task force of the Department
of Defense that provides support to law enforcement agen-
cies 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 sub-
section (a) may only be provided in the geographic area
of responsibility of the joint task force.
(c) FUNDS.—Funds are hereby authorized to be appro-
priated for fiscal year 2003 in the amount of $5,000,000
to provide support for counter-terrorism activities in ac-
cordance 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 re-
sponder to a domestic terrorist incident that may come
about in connection with the continued fight to prosecute
the war on terrorism.
Union Calendar No. 365
107TH CONGRESS
2D SESSION
H. R. 4547
[Report No. 107–603]
A BILL
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.
JULY 23, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed