IIB
107TH CONGRESS
2D SESSION
H. R. 4547
IN THE SENATE OF THE UNITED STATES
JULY 24, 2002
Received; read twice and referred to the Committee on Armed Services
AN ACT
To authorize appropriations for fiscal year 2003 for military
activities of the Department of Defense and to prescribe
military personnel strengths for fiscal year 2003.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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.
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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
conduct of operations in continuation of the war on ter-
rorism 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 appro-
priated for military functions of the Department of De-
fense for fiscal year 2003 in the National Defense Author-
ization 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 ac-
cordance with the purposes stated in section 2 for Oper-
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ation 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 discre-
tion, transfer amounts authorized in subsection (a) to any
fiscal year 2003 military personnel or operation and main-
tenance account of the Department of Defense for the pur-
poses 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 discre-
tion, 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
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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 avail-
able for the same purposes and the same time period as,
the account 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
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.
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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 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.
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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 EVALUA-
TION, 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 un-
specified 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
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(3) $60,200,000 is authorized to be appro-
priated to research, development, test, and evalua-
tion 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 cer-
tification that the end-to-end system is secure and pro-
tected from unauthorized access to the information trans-
mitted 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 ex-
penses, 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.
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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
subsection (a) in the total amount of $35,080,000.
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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
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’’.
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(b) INCENTIVE
PAY
FOR
PARACHUTE
JUMPING
WITHOUT STATIC LINE.—Subsection (c)(1) of such sec-
tion is amended by striking ‘‘$225’’ and inserting ‘‘$275’’.
(c) OTHER HAZARDOUS DUTIES.—Subsection (c)(1)
of such section is amended by striking ‘‘$150’’ and insert-
ing ‘‘$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 sub-
sections (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
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(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,
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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 find-
ings:
(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 poten-
tial weapons of mass destruction incidents and have
supported various national events, including the
World Series, the Super Bowl, and the 2002 Winter
Olympics.
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(3) To enhance homeland security as the Na-
tion 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 Ter-
rorism’’, 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.
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(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 pre-
paredness 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 Sec-
retary 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-TER-
RORISM ACTIVITIES.
(a) AUTHORITY.—A joint task force of the Depart-
ment of Defense that provides support to law enforcement
agencies conducting counter-drug activities may also pro-
vide, consistent with all applicable laws and regulations,
support to law enforcement agencies conducting counter-
terrorism activities.
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(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 ap-
propriated for fiscal year 2003 in the amount of
$5,000,000 to provide support for counter-terrorism ac-
tivities 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 De-
fense should, to the extent the Secretary determines ap-
propriate, 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 pros-
ecute the war on terrorism.
Passed the House of Representatives July 24, 2002.
Attest:
JEFF TRANDAHL,
Clerk.