Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991
PL 102-28 (H.R.1282), enacted 04/10/1991

PUBLIC LAW 102-28—APR. 10, 1991 
105 STAT. 161 
Public Law 102-28 
102d Congress 
An Act 
Making supplemental appropriations and transfers for "Operation Desert Shield/ 
Desert Storm" for the fiscal year ending September 30, 1991, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following 
sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, to provide supplemental appropriations for 
the fiscal year ending September 30, 1991, and for other purposes, 
namely: 
PERSIAN GULF REGIONAL DEFENSE FUND 
* 
(INCLUDING TRANSFER OF FUNDS) 
For incremental costs of the Department of Defense and the 
Department of Transportation associated with operations in and 
around the Persian Gulf as part of operations currently known as 
Operation Desert Shield (including Operation Desert Storm), 
$15,000,000,000 is appropriated to the Persian Gulf Regional Defense 
Fund, which is hereby established in the Treasury of the United 
States, and in addition such sums as necessary are appropriated 
from current and future balances in the Defense Cooperation Ac-
count, to be available only for transfer in a total amount not to 
exceed $42,625,822,000 to the following chapters and accounts in not 
to exceed the following amounts: 
CHAPITER I 
DEPARTMENT OF DEFENSE—MILITARY 
-
MILITARY PERSONNEL 
(TRANSFER OF FUNDS) 
: 
MILITARY PERSONNEL, ARMY 
For an additional amount for "Military Personnel, Army", 
$4,863,700,000. 
MILITARY PERSONNEL, NAVY 
For an additional amount for "Military Personnel, Navy", 
$797,400,000. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for "Military Personnel, Marine Corps", 
$983,400,000. 
Apr. 10, 1991 
[H.R. 1282] 
Operation 
Desert 
Shield/Desert 
Storm 
Supplemental 
Appropriations 
Act, 1991. 
Armed Forces. 
Arms and 
munitions. 
Persian Gulf. 
105 STAT. 162 
PUBLIC LAW 102-28—APR. 10, 1991 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for "Military Personnel, Air Force", 
$1,278,200,000. 
OPERATION AND MAINTENANCE 
(TRANSFER OF FUNDS) 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for "Operation and 
Maintenance, 
• - 
Army", $15,082,750,000, of which $350,000 shall be available only for 
the 1991 Memorial Day Celebration. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for "Operation and 
Maintenance, 
Navy", $2,758,500,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for "Operation and 
Maintenance, 
Marine Corps", $1,205,000,000. 
OPERATION AND MAINTENANCE, A I R FORCE 
For an additional amount for "Operation and Maintenance, Air 
Force", $3,701,000,000. 
OPERATION AND MAINTENANCE, DEFENSE AGENCIES 
For an additional amount for "Operation and Maintenance, De-
fense Agencies", $203,000,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for "Operation and Maintenance, Navy 
Reserve", $16,000,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for "Operation and Maintenance, Air 
National Guard", $55,000,000. 
PROCUREMENT 
(TRANSFER OF FUNDS) 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for "Aircraft procurement. Army", 
$7,100,000. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for "Missile procurement. Army", 
$663,500,000. 
PUBLIC LAW 102-28—APR. 10, 1991 
105 STAT. 163 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY 
For an additional amount for "Procurement of weapons and 
tracked combat vehicles. Army", $26,300,000. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for "Procurement of ammunition, 
Army", $509,600,000. 
OTHER PROCUREMENT, ARMY 
For an additional amount for "Other procurement, Army", 
$62,300,000. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for "Aircraft procurement, Navy", 
$25,200,000. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for "Weapons procurement, Navy", 
$815,600,000. 
OTHER PROCUREMENT, NAVY 
For an additional amount for "Other procurement. Navy", 
$34,800,000. 
PROCUREMENT, MARINE CORPS 
For an additional amount for "Procurement, Marine Corps", 
$127,450,000. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for "Aircraft procurement. Air Force", 
$59,600,000. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for "Missile procurement. Air Force", 
$645,500,000. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for "Other procurement, Air Force", 
$422,800,000. 
PROCUREMENT, DEFENSE AGENCIES 
For an additional amount for "Procurement, Defense Agencies", 
$15,400,000. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
(TRANSFER OF FUNDS) 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For an additional amount for "Research, Development, Test and 
Evaluation, Army", $30,100,000. 
105 STAT. 164 
PUBLIC LAW 102-28—APR. 10, 1991 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For an additional amount for "Research, Development, Test and 
Evaluation, Air Force", $39,000,000. 
REVOLVING AND MANAGEMENT FUNDS 
(TRANSFER OF FUNDS) 
ARMY STOCK FUND 
For an additional amount for "Army Stock Fund", $214,000,000. 
AIR FORCE STOCK FUND 
For an additional 
amount 
for 
"Air Force Stock 
Fund", 
$57,000,000. 
COMBAT COSTS OF OPERATION DESERT SHIELD/DESERT 
STORM 
(TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary to finance the 
estimated partial costs of combat and other related costs of Oper-
ation Desert Shield/Desert Storm in the following additional 
amounts: for Operation and maintenance, $6,000,000,000; for 
Procurement, $1,872,700,000, to remain available for obligation until 
September 30, 1993: Provided, That the Secretary of Defense shall 
not make any transfer from the Persian Gulf Regional Defense 
Fund or from the Defense Cooperation Account for combat costs 
until the seventh day after notifying the Committees on Appropria-
tions and Armed Services of the Senate and House of Representa-
tives of any such transfer. 
GENERAL PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 101. (a) In administering the Persian Gulf Regional Defense 
Fund, the Secretary of Defense shall use the corpus of the Fund only 
to the extent that amounts from the Defense Cooperation Account 
established under section 2608 of title 10, United States Code, are 
not currently available. 
(b) If the balance of the corpus of the Persian Gulf Regional 
Defense Fund is less than $15,000,000,000, the Secretary shall trans-
fer amounts from the Defense Cooperation Account to the Persian 
Gulf Regional Defense Fund, to the extent that amounts are avail-
able in that Account, to restore the balance in the corpus of the 
Fund to $15,000,000,000. 
(c) For purposes of this section, the term "corpus of the Fund" 
means the amount of $15,000,000,000 appropriated by this Act to the 
Persian Gulf Regional Defense Fund from the general fund of the 
Treasury, as such amount is restored from time to time by transfers 
from the Defense Cooperation Account. 
PUBLIC LAW 102-28-APR. 10, 1991 
105 STAT. 165 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 102. (a) The authority provided in this Act to transfer funds 
from the Persian Gulf Regional Defense Fund and from the Defense 
Cooperation Account is in addition to any other transfer authority 
contained in this or any other Act making appropriations for the 
Department of Defense for fiscal year 1991. 
(b) Amounts transferred from the Persian Gulf Regional Defense 
Fund and from the Defense Cooperation Account shall be merged 
with and be available for the same purposes and the same time 
period as the appropriations to which transferred. 
(c) Amounts appropriated to the Persian Gulf Regional Defense 
Fund shall remain available until transferred. 
(d)(1) Upon payment of all incremental costs associated with the 
purpose for which the Persian Gulf Regional Defense Fund is estab-
lished, the Fund shall be terminated. 
(2) If the balance in the Fund at the time of the termination is 
$15,000,000,000 or less, the balance shall revert to the general fund 
of the Treasury. 
(TRANSFER OF FUNDS) 
SEC. 103. (a) For the purpose of adjusting amounts appropriated to 
the Department of Defense for fiscal year 1991 to reflect changes in 
expenses due to the order to active duty (other than for training) of 
members of the National Guard and Reserves in connection with 
operations in and around the Persian Gulf as part of operations 
currently known as Operation Desert Shield (including Operation 
Desert Storm), the Secretary of Defense may during fiscal year 1991 
transfer not to exceed $446,000,000 among the fiscal year 1991 
Military Personnel appropriation accounts of the Department of 
Defense. 
(b) Amounts transferred under subsection (a) shall be merged with 
and be available for the same purposes and the same time period as 
the appropriations to which transferred. 
(c) A transfer of funds under subsection (a) is subject to regular 
congressional reprogramming notification requirements. 
(d) The transfer authority in subsection (a) is in addition to any 
other transfer authority contained in this or any other Act making 
appropriations for the Department of Defense for fiscal year 1991. 
SEC. 104. None of the funds appropriated to the Persian Gulf 
Regional Defense Fund shall be used for fuel price increases. 
SEC. 105. Any CHAMPUS (Civilian Health and Medical Program 
of the Uniformed Services) medical provider may voluntarily waive 
the patient co-payment for medical services provided from August 2, 
1990, until the termination of Operation Desert Shield/Desert 
Storm for dependents of active duty personnel: Provided, That the 
government's share of medical services is not increased during the 
specified time period. 
SEC. 106. Mitchel Field Health Care Facility in the State of New New York 
York shall only be funded from the Operation and Maintenance, 
Navy, appropriation and shall not be funded or included within the 
congressionally imposed ceiling of the Uniformed Services Treat-
ment Facility account. 
SEC. 107. (a) All equipment, supplies, and other materials (includ-
ing construction equipment and construction materials described in 
subsection (b)) of the United States that, after August 1, 1990, were 
transported to or procured by the United States in the Middle East 
10 use 1079 
note. 
105 STAT. 166 
PUBLIC LAW 102-28—APR. 10, 1991 
President. 
President. 
Reports. 
President. 
Reports. 
for the use of the Armed Forces of the United States or the use of 
the armed forces of any other member country of the multinational 
coalition participating in Operation Desert Storm shall, to the maxi-
mum extent practicable, be removed from the Middle East to the 
United States or to any United States military installation outside 
the United States and the Middle East as soon as practicable in 
conjunction with the removal of such forces of the Armed Forces of 
the United States from the Middle East. 
(b) The construction equipment and construction materials re-
ferred to in subsection (a) are construction equipment and construc-
tion materials used in the construction of military facilities for the 
Armed Forces of the United States in the Middle East in connection 
with Operation Desert Storm. 
(c) Subsection (a) does not apply to any equipment, supply, or 
material that— 
(1) is to be transferred to a foreign government under the 
provisions of subsection (e); or 
(2) has negligible value; or 
(3) is to remain under the control of United States forces in 
the region; or 
(4) is to be stored in the Middle East as prepositioned equip-
ment and material for the use of the Armed Forces of the 
United States; or 
(5) has been expended, depleted, or rendered unusable; or 
(6) has been formally notified to Congress prior to March 20, 
1991, under the Arms Export Control Act. 
(d) The President should attempt to obtain reimbursement from 
the government of each country in the Middle East for the cost to 
the United States of materials referred to in subsection (a) that are 
not removed from that country because of impracticality. 
(e) Except as deemed essential by the Commander-in-Chief of the 
United States Central Command for the conduct of the war in the 
Persian Gulf prior to a permanent cease-fire, no equipment, supply, 
or material referred to in subsection (a) or which was captured from 
Iraq by United States forces in the context of Operation Desert 
Storm may be transferred to the government or any entity of any 
foreign country in the Middle East except as provided through the 
regular notification procedures of the Committees on Appropria-
tions, the Committees on Armed Services, the Committee on Foreign 
Affairs of the House of Representatives, and the Committee on 
Foreign Relations of the Senate. 
(f) The President shall notify Congress of the proposed storage of 
any equipment, supply, or material referred to in subsection (a) in a 
prepositioned status referred to in subsection (c)(4). 
(g) The President shall report to the Committees on Appropria-
tions and Armed Services of the House of Representatives and 
Senate sixty days after the enactment of this Act, on the quantity, 
condition, value, disposition, and manner of seizure of all enemy 
equipment falling under the control or the possession of the United 
States, as well as all enemy equipment falling under the control of 
allied forces, within the Desert Storm theater of operations. 
(h) For the purposes of this provision, the term "material" shall 
include all lethal and nonlethal instruments of war and their 
supporting elements, components and subcomponents. 
SEC. 108. (a) Not later than sixty days after the date of the 
enactment of this Act, the President shall submit to Congress a 
report, in both classified and unclassified forms, on the redeploy-
PUBLIC LAW 102-28—APR. 10, 1991 
105 STAT. 167 
ment of the forces of the Armed Forces of the United States that 
were deployed in the Persian Gulf area in connection with Oper-
ation Desert Storm. 
(b) The report shall contain the following information: 
(DA detailed specification of the costs of the reduction in 
such forces. 
(2) The schedule for returning such forces to the United States 
or other locations from which the forces were deployed to the 
Persian Gulf area in connection with Operation Desert Storm. 
(3) The size and composition of any element of the Armed 
Forces of the United States that will remain in the Persian Gulf 
area after fiscal year 1991. 
(4) A detailed discussion of any arrangement for a United 
States military presence that has been made or is expected to be 
made to the government of any country in the Middle East. 
(c) In this section, the term "Operation Desert Storm" means 
Operation Desert Shield, Operation Desert Storm, and any related 
successive operations of the Armed Forces of the United States. 
SEC. 109. None of the funds appropriated or otherwise made 
available by this Act or any other provision of law shall be available 
for sales, credits, or guarantees for defense articles or defense 
services under the Arms Export Control Act to any country that has 
made a commitment to contribute resources to defray any of the 
costs of Operation Desert Storm and that has not fulfilled its 
commitment. 
SEC. 110. The establishment of the Persian Gulf Regional Defense 
Fund by this Act and the establishment of a working capital account 
pursuant to title I of the Persian Gulf Conflict Supplemental 
Authorization and Personnel Benefits Act of 1991 shall be treated 
for all purposes as establishment of the same account in the 
Treasury. 
CHAPTER II 
MILITARY CONSTRUCTION 
(TRANSFER OF FUNDS) 
MILITARY CONSTRUCTION, ARMY 
For an additional amount for "Military Construction, Army", 
$35,000,000, to remain available for obligation until September 30, 
1994. 
CHAPTER III 
DEPARTMENT OF TRANSPORTATION 
(TRANSFER OF FUNDS) 
COAST GUARD 
OPERATING EXPENSES 
For an additional amount for "Operating expenses", $18,922,000. 
105 STAT. 168 
PUBLIC LAW 102-28—APR. 10, 1991 
This Act may be cited as the "Operation Desert Shield/Desert 
Storm Supplemental Appropriations Act, 1991". 
Approved April 10,1991. 
LEGISLATIVE fflSTORY—H.R. 1282: 
HOUSE REPORTS: Nos. 102-10 (Comm. on Appropriations) and 102-30 (C!omm. of 
Conference). 
SENATE REPORTS: No. 102-23 (Ctomm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Mar. 7, considered and passed House. 
Mar. 19, considered and passed Senate, amended. 
Mar. 22, House agreed to conference report; receded and concurred in certain 
Senate amendments; in others with amendments. Senate agreed to 
conference report; concurred in House Eunendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
Apr. 10, Presidential statement.