(8) The acquisition policy actions taken to support the forces in the theater of operations. (9) The personnel management actions taken to support the forces in the theater of operations. (10) The role of women in the theater of operations. (11) The effectiveness of reserve component forces, including a discussion of each of the following matters: (A) The readiness and activation of such forces. (B) The decisionmaking process regarding both activation of reserve component forces and deployment of those forces to the theater of operations. (C) The post-activation training received by such forces. (D) The integration of forces and equipment of reserve component forces into the active component forces. (E) The use and performance of the reserve component forces in operations in the theater of operations. (F) The use and performance of such forces at duty stations outside the theater of operations. (12) The role of the law of armed conflict in the planning and execution of military operations by United States forces and the other coalition forces and the effects on operations of Iraqi compliance or noncompliance with the law of armed conflict, including a discussion regarding each of the following matters: (A) Taking of hostages. (B) Treatment of civilians in occupied territory. (C) Collateral damage and civilian casualties. (D) Treatment of prisoners of war. (E) Repatriation of prisoners of war. (H) Environmental terrorism. (I) Conduct of neutral nations. (13) The actions taken by the coalition forces in anticipation of, and in response to, Iraqi acts of environmental terrorism. (14) The contributions of United States and coalition intelligence and counterintelligence systems and personnel, including contributions regarding bomb damage assessments and particularly including United States tactical intelligence and related activities (TIARA) programs. (15) Command, control, communications, and operational security of the coalition forces as a whole, and command, control, communications, and operational security of the United States forces. (16) The rules of engagement for the coalition forces. (17) The actions taken to reduce the casualties among coalition forces caused by the fire of such forces. (18) The role of supporting combatant commands and Defense Agencies of the Department of Defense. (19) The policies and procedures relating to the media, including the use of media pools. (20) The assignment of roles and missions to the United States forces and other coalition forces and the performance of those forces in carrying out their assigned roles and missions. (4) Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 Partial text of Public Law 102–25 [S. 725], 105 Stat. 75, approved April 6, 1991; as amended by Public Law 102-190 [National Defense Authorization Act for Fiscal Years 1992 and 1993; 105 Stat. 1508], 105 Stat. 1290, approved December 5, 1991; Public Law 102-484 [National Defense Author ization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23, 1992; and by Public Law 104-66 [Federal Reports Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved December 21, 1995 AN ACT Entitled the "Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.1 SHORT TITLE This Act may be cited as the "Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991". SEC. 2. TABLE OF CONTENTS * SEC. 3.1 DEFINITIONS For the purposes of this Act: * * (1) The term "Operation Desert Storm" means operations of United States Armed Forces conducted as a consequence of the invasion of Kuwait by Iraq (including operations known as Operation Desert Shield, Operation Desert Storm, and Operation Provide Comfort).2 (2) The term "incremental costs associated with Operation Desert Storm" means costs referred to in section 251(b)(2)(D)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(ii)). (3) The term "Persian Gulf conflict" means the period beginning on August 2, 1990, and ending thereafter on the date prescribed by Presidential proclamation or by law. (4) The term "congressional defense committees" has the meaning given that term in section 3 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1498). SEC. 4. CONSTRUCTION WITH PUBLIC LAW 101-510. Any authorization of appropriations, or authorization of the transfer of authorizations of appropriations, made by this Act is in addition to the authorization of appropriations, or the authority to make transfers, provided in the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510). 110 U.S.C. 101 note. 2 Sec. 1203 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public and inserted in lieu thereof "Operation Desert Shield, Operation Desert Storm, and Operation Law 102-190; 105 Stat. 1508) struck out "Operation Desert Shield and Operation Desert Storm" Provide Comfort". (32) 1991 TITLE I-AUTHORIZATION OF FISCAL YEAR 1991 SUP- PLEMENTAL DESERT STORM SEC. 101. FUNDS IN THE DEFENSE COOPERATION ACCOUNT Authori a AUTHORIZATION OF APPROPRIATION-During fiscal years 1991, 1992, and 1993. there is authorized to be appropriated to the Department of Defense current and future balances in the Defense Cooperation Account established under section 2608 of title 10, 106 United States Code. 75. app Defense 2315, appr rts Eliz ember uthor entatie (b) USE OF FUNDS-Amounts appropriated pursuant to subsection (a shall be available only for (1) transfer by the Secretary of Defense to fiscal years 1991, 1992, and 1993 appropriation accounts of the Department of Defense or Coast Guard for incremental costs associated with Operation Desert Storm; and (2) replenishment of the Persian Gulf Regional Defense Fund created under section 102. Secs 1202, 1203, and 1204 of Public Law 102-484-106 Stat. 2542) provided the following “SEC. 1202. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1982. a) AUTHORIZATION OF APPROPRIATIONS-There is authorized to be appropriated to the De partment of Defense for fiscal year 1992 in accordance with subsection a of section 101 of Public Law 102-25 105 Stat. 78), to be available under subsection (bal) of such section, the sum of $429,000,000 for military personnel as follows 1) ARMY-For the Army, $399.000.000. 12) NAVY -For the Navy, $30.000.000. b) INCREASED LIMITATION ON AUTHORITY FOR TRANSFER OF FISCAL YEAR 1992 AUTHORIZATIONS-The total amount of the transfer authority provided for the Secretary of Defense for fiscal year 1992 in Public Law 102-190 or any other Act is increased by the amounts of the funds appropriated pursuant to subsection (a) that are transferred to fiscal year 1992 appropriations accounts pursuant to sections 101 and 102(c) of Public Law 102-25, as amended by section 1201 “SEC. 1203. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1993. “(a) AUTHORIZATION OF APPROPRIATIONS-There is authorized to be appropriated to the Department of Defense for fiscal year 1993 in accordance with subsection (a) of section 101 of Public Law 102-25 (105 Stat. 78), to be available under subsection (b) of such section, the sum of $87,700,000 for military personnel as follows: (1) ARMY-For the Army, $29.300,000. "(2) NAVY.-For the Navy, $35,300,000. (3) MARINE CORPS-For the Marine Corps, $3,100.000. (4) AIR FORCE-For the Air Force, $20,000,000. "(b) INCREASED LIMITATION ON AUTHORITY FOR TRANSFER OF FISCAL YEAR 1993 AUTHORIZATIONS.-The amount of the transfer authority provided in section 1001 is increased by the amounts of the funds appropriated pursuant to subsection (a) that are transferred to fiscal year 1993 appropriations accounts pursuant to sections 101 and 102 c) of Public Law 102-25, as amended by section 1201." "SEC. 1204. RELATIONSHIP TO OTHER AUTHORIZATIONS. "The authorizations of appropriations in sections 1202 and 1203 are in addition to the amounts otherwise authorized to be appropriated to the Department of Defense for fiscal year 1992 and for fiscal year 1993 by any other provision of this Act or by any other Act enacted before the date of the enactment of this Act.". Sec. 1201(a) of Public Law 102-190 (105 Stat. 1506) struck out "fiscal year 1991" each place it appeared in secs. 101 and 102, and inserted in lieu thereof "fiscal years 1991 and 1992". Subsequently, sec. 1201 of Public Law 102-484 (106 Stat. 2542) struck out "fiscal years 1991 and 1992" each place it appeared in secs. 101, 102(c) and 106, and inserted in lieu thereof "fiscal years 1991, 1992, and 1993". SEC. 102. PERSIAN GULF REGIONAL DEFENSE FUND 5 (a) ESTABLISHMENT OF ACCOUNT.-There is established in the Treasury of the United States a working capital account for the Department of Defense to be known as the "Persian Gulf Regional Defense Fund".5 (b) AUTHORIZATION OF APPROPRIATIONS.-During fiscal years 1991 and 1992,4 there is authorized to be appropriated to the Persian Gulf Regional Defense Fund 5 the sum of $15,000,000,000. (c) USE OF FUNDS.-Funds appropriated pursuant to subsection (b) shall be available only for transfer by the Secretary of Defense to fiscal years 1991, 1992, and 19934 appropriation accounts of the Department of Defense or Coast Guard for the incremental costs associated with Operation Desert Storm. Such funds may be used for that purpose only to the extent that funds are not available in the Defense Cooperation Account for transfer for such incremental costs. (d) REPLENISHMENT OF ACCOUNT.-Amounts transferred from the Persian Gulf Regional Defense Fund 5 shall be replenished from funds available in the Defense Cooperation Account to the extent that funds are available in the Defense Cooperation Account. Whenever the balance in the Persian Gulf Regional Defense Funds is less than the amount appropriated to that account pursuant to this section, the Secretary shall transfer from the Defense Cooperation Account such funds as become available to the account to replenish the Persian Gulf Regional Defense Fund 5 before making any transfer of such funds under sections 101 and 102. e) REVERSION OF BALANCE UPON TERMINATION OF ACCOUNT.Any balance in the Persian Gulf Regional Defense Fund 5 at the time of the termination of the account shall revert to the general fund of the Treasury. SEC, 108, ADDITIONAL TRANSFER AUTHORITY The amount of the transfer authority provided in section 1401 of Public Law 101 510 is hereby increased by the amount of such transfers as the Secretary of Defense makes pursuant to law (other than Public Law 101-511) to make adjustments among amounts provided in titles I and II of Public Law 101-511 due to incremental costs associated with Operation Desert Storm. MEC, 104, ADMINISTRATION OF TRANSFERS A transfer made under the authority of section 101 or 102 increases by the amount of the transfer the amount authorized for the account to which the transfer is made. Persian Gulf Regional Defense Fund" in lieu of "Persian Gulf Conflict Working Capital AcHere 12011) of Public Law 102-190 (105 Stat. 1506) amended secs. 102 and 203(b) to read count", each place it appeared. Hoe 1201(2) of that Act made similar technical amendments in secs. 101(b)(2), 102(d), and 105(b)(4), by striking out" working capital account" each place it appeared and inserting in lieu Public Law 102 368 (106 Stat 1124) subsequently terminated the Persian Gulf Regional De thereof "Persian Gulf Regional Defense Fund" fense Fund with the following. "PERSIAN GULF Regional DEFENSE FUND "Of the funds made available under this heading in the Operation Desert Shield/Desert Storm hereby rescinded: Provided, That the Persian Gulf Regional Defense Fund is hereby termiSupplemental Appropriations Act, 1991 (Public Law Don, 105 Stat. 161), $14,696,040, torm nated.". INSE FUND SEC. 105.6 NOTICE TO CONGRESS OF TRANSFERS There is est (a) NOTICE-AND-WAIT.-A transfer may not be made under seccapital am tion 101 or 102 until the seventh day after the congressional dePersian Gfense committees receive a report with respect to that transfer under subsection (b). is 8-During (b) CONTENT OF REPORT.-A report under subsection (a) shall inappropriate clude the following: of $15,00000 pursuant to Secretary Tation acco he increme funds may are not a r such in nsferred replenishe nt to the ration A Defense nt pursu fense C account fore ma (1) A certification by the Secretary of Defense that the amount or amounts proposed to be transferred will be used only for incremental costs associated with Operation Desert Storm. (2) A statement of each account to which the transfer is proposed to be made and the amount proposed to be transferred to such account. (3) A description of the programs, projects, and activities for which funds proposed to be transferred are proposed to be used. (4) In the case of a transfer from the Persian Gulf Regional Defense Fund 5 established under section 102, an explanation of the reasons why funds are not available in the Defense Cooperation Account for such transfer. SEC. 106. MONTHLY REPORTS ON TRANSFERS Not later than seven days after the end of each month in fiscal years 1991, 1992, and 1993,4 the Secretary of Defense shall submit to the congressional defense committees and the Comptroller General of the United States a detailed report on the cumulative total amount of the transfers made under the authority of this title through the end of that month. TITLE II-WAIVER OF PERSONNEL CEILINGS AFFECTED in SEC. 203. AUTHORIZATION FROM DEFENSE COOPERATION ACCOUNT (b) USE OF FUNDS.-Funds appropriated to the Persian Gulf Regional Defense Fund 5 pursuant to section 102(b) may be used for the purposes described in subsection (a) to the extent provided in section 102(c). (c) REPORTING.-Funds obligated for the purposes described in subsection (a) shall be included in the reports required by section. 106. Sec. 1201(b) of Public Law 102-190 (105 Stat. 1506) made this section applicable only to appropriations provided in Public Law 102-28. |