[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.